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Md. Jubayer Vs. State and others, 2009, 38 CLC (HCD)

.... Party No.1.  Criminal Miscellaneous Case No. 8571 of 2008. Judgment Md. Abdus Samad J.- This Rule, at the instance of the accused-petitioner, was issued calling upon the opposite parties to show cause as to why the proceeding of the Sessions Case No.1208 of 2007 arising out of C......iting to the drawer of the cheque within thirty days of the receipt of information by him from the Bank regarding the return of the cheque as unpaid. The drawer of the cheque is obliged to make the payment within thirty days of the receipt of the said notice………………………..(14) ......der be sent to the Court concerned at once for information. Afzal Hossain Ahmed, J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 343; 15 MLR (HCD) (2010) 424 . ..

Category: Criminal Law | Date: 9 Nov, 2009 | Hits: 128

Zahirul Islam & others Vs. Government of Bangladesh others, 2009, 38 CLC (HCD)

....ner No. 5 and the predecessors of other petition­ers and other co-sharers in Settlement Appeal Case No.1 53 and accordingly RS and DP khatian No.53 was prepared though the respondent No.4 did not participate in any proceeding under Rules 28 to 31 of the State Acquisition and Tenancy Act Rules 19......Dhaka prepared in the name of the petitioners to the settlement press for final publication. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 168       ......Dhaka prepared in the name of the petitioners to the settlement press for final publication. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 168       ..

Category: Property Law, Tenancy Law | Date: 28 Oct, 2009 | Hits: 5

Md. Rezaul Kabir Vs. State and another, 2009, 38 CLC (HCD)

....llip;………………..Accused-petitioner Vs. The State and another…………………………..Opposite parties Judgment October 11, 2009. Result: The Rule is made absolute.  ......ow pending in the Land Ministry for settlement, for which the said Upazila Nirbahi Officer demanded Tk.4,00,000/- of which he already paid Tk. 10,000/- to the said Upazila Nirbahi Officer. For making payment of the aforesaid Tk. 49,500/- on 18.7.2007 at 12-35 p.m. to the accused the said witness Md.......py of this judgment and order be sent to the Special Judge and Sessions Judge, Mymensingh for information and necessary action. Ed. This Case is also Reported in: 14 MLR (HCD) (2009) 482. ..

Category: Anti-Corruption Laws | Date: 11 Oct, 2009 | Hits: 10

Abdul Latif alias Kahinur alias Kahin and other Vs. State, 2009, 38 CLC (HCD)

.... her with a gamcha and took her under a tree and before the rape was committed, she became unconscious. If she became unconscious before the commission of the offence on her it is not possible on her part to see or know as to who committed the offence of rape on her. 29. In the present case the......ection with any other case. Send down the lower Court records and a copy of the judgment and order to the Court concerned. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 245. ......he Nari-o-Shishu Nirjatan (Bishesh Bidhan) Ain, 1995 and sentencing them to suffer imprisonment for life. 2. The prosecution case in short is that informant Kanchoni Bala in order to recover her loan money from a co-villager went to their house and while returning from there she was surrounded ..

Category: Women and Children | Date: 6 Oct, 2009 | Hits: 116

State Vs. Secretary, Ministry of Law, Justice & Parliamentary Affairs and others, 2009, 38 CLC (HCD)

....(F.I.R.). Police, after recording the case, sent the girl to the Court of the learned Magistrate, who ordered the girl to be kept in safe custody at the Safe Home in Bagbari, Sylhet, managed by the Department of Social Welfare. The mother of the girl ruefully stated to the reporter as follows: "...... judgment is circulated to all Judicial Officers in the service of the Republic. Md. Fazlur Rahman J. - I agree. This Case is also Reported in: 30 BLD (HCD) (2010) 369; 15 MLR (HCD)(2010) 59. ...... judgment is circulated to all Judicial Officers in the service of the Republic. Md. Fazlur Rahman J. - I agree. This Case is also Reported in: 30 BLD (HCD) (2010) 369; 15 MLR (HCD)(2010) 59. ..

Category: Women and Children | Date: 3 Sep, 2009 | Hits: 198

Tobarak Ali Bepari Vs. Hachen Kha Being Dead His Heirs 1(A) Razzak Kha and others, 2009, 38 CLC (HCD)

.... Hossain, Advocate - For the Opposite Parties. Civil Revision No.379 of 1976. Judgment Md. Mamtaz Uddin Ahmed J.- Supplementary affidavit filed by the petitioner today be treated as part of the main revisional application. 2. The Rule was issued at the instance of the pre-em......tion money along with the compensation, so deposited by the pre-emptor. Send down the lower Courts records immediately. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 318. ......tion money along with the compensation, so deposited by the pre-emptor. Send down the lower Courts records immediately. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 318. ..

Category: Property Law | Date: 25 Aug, 2009 | Hits: 3

Shamsul Hossain Vs. Anwar Hossain and others, 2009, 38 CLC (HCD)

....sh, represented by Secretary, Ministry of Jute Corporation directed against a single Judgment passed by the learned Sub-ordinate Judge, first Court, Narayangonj decreeing Title Suit No. 10 of 1997 in part as: — অত্র মোকদ্দমাটি ১, ৪, ৫, ও ৬নং ব......st Appeal No. 48 of 1999 with First Appeal No. 330 of 1999 are allowed. No costs. Send down the lower Court Records at once. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 74 ......st Appeal No. 48 of 1999 with First Appeal No. 330 of 1999 are allowed. No costs. Send down the lower Court Records at once. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 74 ..

Category: Property Law | Date: 20 Aug, 2009 | Hits: 3

Sheikh Mashuk Rahman Vs. State and another, 2009, 38 CLC (HCD)

....vil Miscellaneous Case No. 154 of 2008. Judgment Md. Rezaul Hasan J. - On an application under section 561A of the Code of Criminal Procedure, this Rule was issued calling upon the opposite party to show cause as to why the proceedings of Metro Sessions Case No.2155 of 2006 arising out of ......cashment on 3-8-05, but all the cheques were dishonoured by the concerned Branch with the remark 'Insufficient fund'. That an undertaking was signed by the accused on 12-7-05 in writing in respect of payment of outstanding dues; That the complainant served legal notice on 15-8-05 upon the accused by......ult the Rule is discharged. The order of stay granted earlier by this court is hereby vacated. Communicate the order. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 28. ..

Category: Banking Law | Date: 16 Aug, 2009 | Hits: 190

Shafiullah Chowdhury and others Vs. State, 2009, 38 CLC (HCD)

.... Present: AKM Fazlur Rahman J Md. Delwar Hossai J Shafiullah Chowdhury and others…………………..Accused-Petitioners Vs. The State……………………Opposite party Judgment August 12, 2009. Result: The Rule is made absolute. ...... the Rule is hereby vacated. Communicate copy of this judgment to the concerned Court where the case is pending. Ed. This Case is also Reported in: 14 MLR (HCD) (2009) 490. ...... the Rule is hereby vacated. Communicate copy of this judgment to the concerned Court where the case is pending. Ed. This Case is also Reported in: 14 MLR (HCD) (2009) 490. ..

Category: Procedural Law | Date: 12 Aug, 2009 | Hits: 8

Dr. Mohiuddin Khan Alamgir Vs. ACC and another, 2009, 38 CLC (HCD)

.... Banani building. He took us to Exhibit 16 series and pointed out that the 1st floor and 2nd floor of the building was constructed in the year 1981 to 1982 and the 3rd floor, 4th floor and 5th floor (partial) was constructed in the year 1991-92. Mr. Karim submitted that PW 18 who gave evidence as to......d. Since the appellant is on bail, let him be released from the bail bond. Send down the lower Court records at once. Ed. This Case is also Reported in: 15 BLC (HCD) (2010) 107. ......r the assessment year 2004-2005 to 2006-2007 the same was again shown at Taka 2,30,900. He stated that he has no information that the First and Second floors of Banani house were constructed with the loan of House Building Finance Corporation. He admitted that the description of Banani house was dis..

Category: Anti-Corruption Laws | Date: 13 Jul, 2009 | Hits: 286

Radha Shyam Sarker Vs. Nani Gopal Sen being dead his heirs: Ashesh Kumer and others, 2009, 38 CLC (HCD)

....;…………………………..Petitioner Vs. Nani Gopal Sen being dead his heirs: Ashesh Kumer and others.......................Opposite parties Judgment July 5, 2009. Result: The Rule is made absolute. Case Ref......was inducted in the suit premis­es as his tenant fixing monthly rent of Tk. 400/- to be paid within 10th of following month as per Bengali Calendar. Subsequently the defendant became defaulter in payment of rent and as such he instituted S.C.C. suit no 08 of 1993 against him, which was decreed o...... order of stay granted earlier by this Court stands vacated. Office is directed to send down the record of the case at once. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 73. ..

Category: Tenancy Law | Date: 5 Jul, 2009 | Hits: 154

Most. Abu Tara Vs. Md. Abdur Rahim Khan and others, 2009, 38 CLC (HCD)

....far Rahman Akond, Advocates - For the Opposite Party No.1. Civil Revision No.284 of 2005. Judgment Syed Abu Kowser Md. Dabirush Shan J.- This rule was issued calling upon the opposite party No.1 to show cause as to why the Judgment and decree dated 30.10.2004 and 6-11-2004 respective......the sale deed by the petitioner within three years, the opposite party No.1 will have the right to get the sale deed executed in his favour through Court. That on 2.8.98 the petitioner took a further payment of Tk. 2,50,000/=from the opposite party No.1. That the opposite party No.1 requested the pe...... rule is discharged without any order as to costs. Lower Courts records be sent down at once with a copy of the Judgment. Ed. This Case is also Reported in: 17 MLR (HCD) (2012) 449. ..

Category: Evidence Law | Date: 25 Jun, 2009 | Hits: 42

Agrani Bank Vs. Md. Abdul Khaleque & another, 2009, 38 CLC (HCD)

....dismissed, the judgment and the decree of the trial court is hereby set aside. Send down the L.C. record immediately. Md. Abu Tariq J.- I agree. Ed. This Case is also Reported in:......dismissed, the judgment and the decree of the trial court is hereby set aside. Send down the L.C. record immediately. Md. Abu Tariq J.- I agree. Ed. This Case is also Reported in:......e impugned judgment and decree dated 10.10.1995 passed by the Sub-Judge and Artha Rin Adalat, 2nd Court, Netrokona in Artha Rin Suit No.4 of 1994 2. The plaintiff’s case, in brief, is that O.D loan of Tk.25,000/- was sanctioned in favour of the defendants who was then carrying on business at..

Category: Banking Law | Date: 23 Jun, 2009 | Hits: 153

Sree Pintoo Pal Vs. State, 2009, 38 CLC (HCD)

....e Court all material evidence available to it which is necessary for unfolding its case. If withholding of a witness is influenced by an oblique nature, the Court may draw an inference against the party withholding it. If a material witness is deliberately or unfairly kept back, a serious doubt ......orthwith if not wanted in connection with any other case. 46. Send down the L.C.R with a copy of the Judgment at once. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 220. ......orthwith if not wanted in connection with any other case. 46. Send down the L.C.R with a copy of the Judgment at once. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 220. ..

Category: Women and Children | Date: 22 Jun, 2009 | Hits: 9

Emran Ahmed & 20 anothers Vs. Bangladesh and others, 2009, 38 CLC (HCD)

....aid the said amount of pay. 22. In Writ Petition No.12157 of 2006 it is stated that the petitioner was appointed in Biman as Assistant cook on 20-8-1984 and he was promoted to the post of Chief De-party (Kitchen) and last he was serving in the same post highest satisfaction of Biman. It is furthe...... runs as follows: "52. Termination.- (1) Service of permanent employee may be terminated by the Corporation without assign­ing any reason by granting three months notice or, in lieu thereof by payment of pay. (2)............" 42. The aforesaid provision gives the authority ample discret......iority, back wages and other privileges within 30 days of receipt of a copy of this Judgment. There will be no order as to costs. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 213. ..

Category: Employment/Service Law | Date: 2 Jun, 2009 | Hits: 35

Sheikh Md. Nurul Haque Vs. State and anoth­er, 2009, 38 CLC (HCD)

....iminal Miscellaneous Case No.12997 of 2005. Judgment Siddiqur Rahman Miah J.- This Rule on an application filed under section 561A of the Code of Criminal Procedure was issued upon the opposite parties to show cause as to why the proceedings in Case No.451 of 2005 under section 138 of the Nego......s act which reads as follows: "138. Dishonour of cheque for insufficien­cy, etc. of funds in the account.- (1) Where any cheque drawn by a person on an account maintained by him with a banker for payment of any amount of money to another person from out of that account is returned by the bank un......ds vacated. Send a copy of this order to the Metropolitan Magistrate, Khulna for compli­ance. Md. Ataur Rahman Khan J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 162. ..

Category: Banking Law | Date: 26 May, 2009 | Hits: 663

Bangladesh National Women Lawyers Association (BNWLA) Vs. Bangladesh and Others, 2009, 38 CLC (HCD)

....een campaigning for a formal policy on sexual harassment and to date there has been no step in the right direction towards approving such a policy. In May 2006, the students of the Botany Department of Rajshahi University called a strike on the campus demanding removal of Prof Nurul Aman f......ficult task in public interest. There is no order as to costs. Quamrul Islam Siddiqui J.- I agree. Ed. This Case is also Reported in: 29 BLD (HCD) (2009) 415, 14 BLC (HCD)(2009) 694. ......ficult task in public interest. There is no order as to costs. Quamrul Islam Siddiqui J.- I agree. Ed. This Case is also Reported in: 29 BLD (HCD) (2009) 415, 14 BLC (HCD)(2009) 694. ..

Category: Women and Children | Date: 14 May, 2009 | Hits: 330

Sirajul Islam (Md) Vs. Tauhid Uddin Ahmed & another, 2009, 38 CLC (HCD)

....e No. 2007 of 2007. Judgment Siddiqur Rahman Miah J. - This Rule on all application filed by Md. Shirajul Islam under section 561A of the Code of Criminal Procedure was issued upon the opposite parties to show cause as to why the proceeding in Metro Sessions Case No. 2705 of 2006 arising out o......d petitioner Md. Sirajul Islam alleging, inter alia, that the complainant, Tauhid Uddin Ahmed, owes the accused petitioner Taka 3,00,000 (three lac) in connection with business and for the purpose of payment of the said dues, the accused petitioner gave a cheque on 4-10-2005 for Taka 3,00,000 (three......t the accused petitioner did not repay the money within specified time or before filing of the case; that the alleged cheque is not a security cheque of business transaction which is a cheque against loan money; that the opposite party No.1 categorically described the very arising out of cause of ac..

Category: Banking Law | Date: 4 May, 2009 | Hits: 280

Zahed Hossain (Md.) Vs. State and another, 2009, 38 CLC (HCD)

....o. 13943 of 2007.  Judgment  Md. Ataur Rahman Khan J. - This Rule on an application filed under section 561A of the Code of Criminal Procedure was issued calling upon the opposite parties to show cause as to why the proceedings of Sessions Case No. 1110 of 2006 arising out of CR ......anks on 23-3-2006 but again the cheques were dishonored for insufficient fund. Thereafter the opposite party No. 2 gave notice under section 138(1)(b) on 28-3-2006 to the accused-petitioner demanding payment of cheques amount of Taka 2,24,28,120 within 30 days of receipt by two registered post, one ......of independence, have taken place which has invested the statutory law like Negotiable Instruments Act with great importance than ever before. Increasing credit facilities and individual borrowing of loan have widened the range of its scope. Now the Courts have been facing intricate problems in this..

Category: Procedural Law | Date: 29 Apr, 2009 | Hits: 135

Md. Alauddin Bepari Vs. Somola Khatoon & others, 2009, 38 CLC (HCD)

.... Jurisdiction) Present: Afzal Hossain Ahmed J Md. Abdus Samad J Md. Alauddin Bepari…………………….Appellant Vs. Somola Khatoon & others……………………opposite parties Judgment April 21, 2009. Result: The Rule is made absolute. Case Referred to-......ting the application under Order 7 Rule 11 of the Code of Civil Procedure is hereby set aside and the plaint of the suit is rejected. Ed. This Case is also Reported in: 14 MLR (HCD) (2009) 251. ...... being Title Suit No.11 of 2006 alleging inter alia, that the defendant No.1 got the suit land from Rajuk and mortgaged the same with Sonali Bank, Tanbazar Branch, Narayanganj. He wanted to repay the loan money by selling the suit properties and the plaintiff agreed to purchase the same and the valu..

Category: Civil Law | Date: 21 Apr, 2009 | Hits: 91