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Dr. M. A. Yahia Vs. Md. Abdul Quader and others, 2009, 38 CLC (AD)

....half of the President of the Republic executed and registered a lease deed dated 22.02.1982 leasing out said land to the four allottees for 99 years. All four allottees also signed the deed as second party. Then on joint prayer of the said four allottees, the Rajdhani Unnayan Kartipakkha (RAJUK) acc......rtgage the land to the House Building Finance Corporation for loan. They also got the land mutated in their joint names through Mutation Case No.4893 of 2002 dated 13.05.202 and possessed the land by payment of rents and taxes to the respective authorities. Their names were also recorded in the Maha......emo dated 15.03.1986. On their joint application said respondent No.7 vide his letter dated 05.05.1988 also permitted said allottees to mortgage the land to the House Building Finance Corporation for loan. They also got the land mutated in their joint names through Mutation Case No.4893 of 2002 date..

Category: Property Law | Date: 15 Apr, 2009 | Hits: 36

Chairman, Nawabgonj Pourashava represented by its Chairman Vs. Ms. Moyna Parvin and others, 2009, 38 CLC (AD)

.... 3. On the applications by the petitioner for the post she was issued admit card being Memo No. নঃপৌঃ/প্রশাঃবিঃ/২০০৪/৩৭১(৫) dated 01.08.2004 for taking part in the examination. 4. The petitioner accordingly appeared in the written test a......t to attend the office, otherwise they would face dire consequences. Since then the petitioner has not been allowed to attend her office in Nawabganj Paurashava. The respondent No. 3 also stopped the payment of salaries and all other benefits which the petitioner is entitled till No. 8. The Hig......igh Court Division does not suffer from any illegality and we find no substance in this petition which is accordingly dismissed. Ed. This Case is also Reported in: 18 BLT (AD) (2010) 275. ..

Category: Others | Date: 13 Apr, 2009 | Hits: 125

Jaharlal Bandapadhya and others vs. Most. Begum Jahanara, 2009, 38 CLC (AD)

....Second Court, Barisal in Title Appeal No.85 of 1995 affirming those of dated 08.04.1995 passed by the learned Subordinate Judge, 1st Court, Barisal in Title Suit No. 133 of 1971 decreeing the suit in part. 2. The facts, in short, are that the deceased Most. Begum Jahanara as the plaintiff filed t......ourt Division. In such view of the matter we find not substance in this appeal. The appeal is dis­missed without any order as to cost. Ed. This Case is also Reported in: VII ADC (2010) 155. ......ntiff and her brother were known as his adopted daughter and son, while in the year 1966 defendant No.1 Shayama Kanta Bandapadhya stopped his legal profession due to his physical dis­ability he took loan of Tk. 10,000/- (Ten thousand) from plaintiff and upon taking a further loan of Tk. 7000/- (Sev..

Category: Property Law | Date: 13 Apr, 2009 | Hits: 74

Abdus Sahid @ Shahid & others Vs. Anowara Begum & others, 2009, 38 CLC (HCD)

....te Parties. Civil Revision No.1245 of 2005. Judgment Afzal Hossain Ahmed J.-This Rule, at the instance of the plaintiff-appellant-petitioners, was issued calling upon the oppo­site party Nos.1-6 to show cause as to why the judgment and order dated 16.2.2005 passed in Miscellaneous...... 2004 under Order XLI Rule 21 of the Code of Civil Procedure for rehearing of the appeal for notice not be­ing served on them. Ultimately, the Court al­lowed the Miscellaneous Case subject to payment of cost of Tk.2,000/- to the opposite parties. 10. The crux of the case centers round w......eipt of this order. Send down the Lower Court Records at once. Ed. This Case is also Reported in: 29 BLD (HCD) (2009) 394.           ..

Category: Property Law | Date: 9 Apr, 2009 | Hits: 2

Zahida Ahmed (Liza) Vs. Syed Noor Uddin Ahmed and another, 2009, 38 CLC (HCD)

....or the last 6 years. Currently, she has been enrolled in two years' diploma course in business management and market­ing at London Reading College, London, England. She has also been employed part time as a child care worker at City Literacy Institute. Respondent No.1 is the father of the de......tenu and stated living in a rented house. By mutual agreement, respon­dent No.1 had regular contact with the detenu, speaking to him daily on the tele­phone every weekend but did not make any payment towards his maintenance including food or clothing except for the fees for a coaching centre...... There is no order as to costs. Quamrul Islam Siddiqui J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 168,  29 BLD (HCD) (2009) 375, 14 MLR (HCD) (2009) 465. ..

Category: Family Law, Women and Children | Date: 16 Mar, 2009 | Hits: 182

Aysha Begum Vs. State, 2009, 38 CLC (HCD)

....er and did not even allow her to meet her victim daughter. It was alleged that the victim was kidnapped to compel her to enter into marriage against her will. Delay occurred in lodging the FIR on her part after arrival from Kuwait. On the basis of the aforesaid allegation as contained in the FIR Nar......er to the Deputy Commissioner, Narayanganj and Superintendent of Police Narayanganj for their information and necessary action. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 493. ......er to the Deputy Commissioner, Narayanganj and Superintendent of Police Narayanganj for their information and necessary action. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 493. ..

Category: Women and Children | Date: 12 Mar, 2009 | Hits: 23

Mohammad Mosharraf Hossain Vs. Golam Mohamad and another, 2009, 38 CLC (AD)

....cision and there is no illegality or infirmity in the above decision so as to call for any interference. The petition is dismissed. Ed. This Case is also Reported in: 19 BLT (AD) (2011) 239. ......sequently those cheques were dishonored on 28.8.2006 and 20.10.2006 respectively due to insufficient fund and then on 14.3.2007 the respondent No.1 served a legal notice upon the petitioner demanding payment and the petitioner received the said notice on 20.3.2007 but did not make any payment. Event......cision and there is no illegality or infirmity in the above decision so as to call for any interference. The petition is dismissed. Ed. This Case is also Reported in: 19 BLT (AD) (2011) 239. ..

Category: Banking Law | Date: 26 Feb, 2009 | Hits: 150

Advance Sweater Industry Ltd Vs. Mohiuzzaman Chowdhury and others, 2009, 38 CLC (HCD)

....ha J Advance Sweater Industry Ltd................................Petitioner Vs. Mohiuzzaman Chowdhury and others……………………Opposite parties Judgment February 18, 2009. Result: The rule is made absolute. Law......de absolute without any order as to costs. The impugned judgment and order of the learned Additional District Judge is set aside. Ed. This Case is also Reported in: 21 BLT (HCD) (2013) 16 ......de absolute without any order as to costs. The impugned judgment and order of the learned Additional District Judge is set aside. Ed. This Case is also Reported in: 21 BLT (HCD) (2013) 16 ..

Category: Civil Law, Procedural Law | Date: 18 Feb, 2009 | Hits: 1

Fahima Nasrin Vs. Government of Bangladesh and others, 2009, 38 CLC (HCD)

....Development Centre) at Jessore. His date of birth was recorded as 09.05.89 and, therefore, he would be 18 years of age on 09.05.2007. On 03.05.2007 the Assistant Director of the KUK, Social Welfare Department, Pulerhat, Jessore expressed his findings in his memo No. সসেঅদ/কিউক......the Judiciary. Let the lower Court records be transmitted at once along with a copy of this judgment. Sheikh Abdul Awal J. - I agree. This Case is also Reported in: 61 DLR (HCD) (2009) 232. ......the Judiciary. Let the lower Court records be transmitted at once along with a copy of this judgment. Sheikh Abdul Awal J. - I agree. This Case is also Reported in: 61 DLR (HCD) (2009) 232. ..

Category: Women and Children | Date: 11 Feb, 2009 | Hits: 189

A. J. M. Helal & others Vs. Bangladesh and others, 2009, 38 CLC (HCD)

....grani Bank reported in 1 MLR (AD) 373, it has been decided that deposit of 50% decreetal amount as a pre-condition is mandatory both in the case of an appeal or an application for setting aside an ex-parte decree. 22. In the case of Anisur Rahman Vs. Bangladesh reported in 12 BLC-22, it has bee......of the Negotiable Instrument Act provided certain pre-condition for bring­ing prosecution against the drawer of the unpaid cheque. Under section 138 (c) of the Act, 30 days' time is given for payment of the amount due under the cheque from the date of receipt of notice regarding dishonour of......iety a class of borrowers or drawers in tak­ing shelter of this principles of law deliberately used to drag the appeal for an indefinite period in order to hang the process of realisa­tion of loan money or unpaid cheque's money for an indefinite period in which the payee or the holder of..

Category: Corporate Law | Date: 9 Feb, 2009 | Hits: 5

AJM Helal Vs. Bangladesh and others, 2009, 38 CLC (HCD)

.... if the drawer does not pay the amount, the cause of action starts 31st day onwards. The limitation to file a complaint as prescribed under section 142 (b) of the Act is one month. On trial, both the parties are entitled to adduce evidence both oral and documentary. The trial Judge in deciding the c......tion 138 of the Negotiable Instruments Act provided certain pre-condition for bringing prosecution against the drawer of the unpaid cheque. Under section 138(c) of the Act, 30 days' time is given for payment of the amount due under the cheque from the date of receipt of notice regarding dishonor of ......in the society a class of borrowers or drawers in taking shelter of this principles of law deliberately used to drag the appeal for an indefinite period in order to hang the process of realization of loan money or unpaid cheque's money for an indefinite period in which the payee or the holder of the..

Category: Civil Law | Date: 9 Feb, 2009 | Hits: 45

Sontosh Kumar Shaha Vs. Government of Bangladesh and others, 2009, 38 CLC (HCD)

....he High Court Division Rules and why the Memo issued by the Respondent No.1, being Memo No.671-Bichar-1/4(d)/2000 dated 20.11.2003, show cause notice (Annexure-N) order of suspension and holding of Departmental Proceeding Case No.3 of 2000 and 4 of 2000 should not be de­clared to have been made ......s judgment at their end. 72. However, there shall be no order as to costs. Ed. This Case is also Reported in: 29 BLD (HCD) (2009) 301.         ......s judgment at their end. 72. However, there shall be no order as to costs. Ed. This Case is also Reported in: 29 BLD (HCD) (2009) 301.         ..

Category: Administrative Law, Constitutional Law | Date: 5 Feb, 2009 | Hits: 2

Dr. Shipra Chaudhury and another Vs. Government of Bangladesh and others, 2009, 38 CLC (HCD)

....ation, Tejgaon were respectively impleaded as respondent Nos.6 and 7 and a supplementary Rule Nisi was issued upon them. On 19.1.2009, Dr. Khondoker Md. Abu Zalal filed an application for addition of party and that application was allowed too. 3. The facts leading to the issuance of the Rule Ni......rity and in an unlawful manner. 38. There is no order as to costs. I Agree Quamrul Islam Siddiqui J. Ed. This Case is also Reported in: 29 BLD (HCD) (2009) 183.   ......rity and in an unlawful manner. 38. There is no order as to costs. I Agree Quamrul Islam Siddiqui J. Ed. This Case is also Reported in: 29 BLD (HCD) (2009) 183.   ..

Category: Women and Children | Date: 19 Jan, 2009 | Hits: 10

Gour Netai Sri Sri Modan Mohan Das Bigraha Vs. Jahanara Islam Chowdhury and others, 2008, 37 CLC (HCD)

....Judge at Dhaka in Title Appeal No. 140 of 2008, which dismissed the appeal upon rejection of the application made under section 5 of the Limitation Act for condonation of delay and affirmed the ex parte decree dated 29-5-86. 2. Case of the petitioner, in short, is that the suit property is ......pect of possession until disposal of the aforesaid matter by the learned District Judge. Send down the record at once. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 141. ......pect of possession until disposal of the aforesaid matter by the learned District Judge. Send down the record at once. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 141. ..

Category: Hindu Law | Date: 18 Dec, 2008 | Hits: 22

James Finaly Pic. Chittagong Vs. Government of Bangladesh and others, 2008, 37 CLC (AD)

....lso having held the impugned letter illegal should have made the Rule absolute as the learned Advocate for the Respondent representing others including Chittagong Port Authority also appeared for the parties and contested the Rule In view of the above, we find substance in the submissions of th......es. 3. The limitation imposed by the rule 70 of the General Rules and Schedule in the case would be from the date of decision to refund the amount to pay in excess and not for the date of actual payment. The High Court Division did not make the Rule absolute on the technical ground that the Rul......the submissions of the learned Advocate for the appellant. Accordingly, the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 19 BLC (AD) (2013) 79. ..

Category: Civil Law | Date: 17 Dec, 2008 | Hits: 7

Nazimuddin (Md.) Chairman Vs. Government of Bangladesh, 2008, 37 CLC (HCD)

....terpretation of statute A statute has to be interpreted in its literal meaning after going through the entire provision itself and not in an isolated manner when it is viewed in the context of a particular situation and the intent of the legislature has to be gathered from the whole of the stat...... and discussions as made above, we do not find any merit in this Rule which is accordingly, discharged without any order as to cost. This Case is also Reported in: 61 DLR (HCD) (2009) 81. ...... and discussions as made above, we do not find any merit in this Rule which is accordingly, discharged without any order as to cost. This Case is also Reported in: 61 DLR (HCD) (2009) 81. ..

Category: Anti-Corruption Laws | Date: 4 Dec, 2008 | Hits: 149

MM Ali Ispahani Vs. MM Ispahani Ltd., 2008, 37 CLC (HCD)

.... “MAI”, “MMI” and “MAHI” respectively and the “Three Patriarchs” collectively). These three siblings, who carried on a successful trading business as a partnership concern in Calcutta in the 1920s and the 1930s, transformed that partnership concern int...... Trust is being handed back to the learned Advocate for the Respondent Nos. 1 to 6 today. There is no order as to costs. Ed. This Case is also Reported in: 29 BLD (HCD) (2009) 206. ...... Trust is being handed back to the learned Advocate for the Respondent Nos. 1 to 6 today. There is no order as to costs. Ed. This Case is also Reported in: 29 BLD (HCD) (2009) 206. ..

Category: Company Law | Date: 4 Dec, 2008 | Hits: 505

Dewan Joynal Abedin Vs. Husen Ahmed Khan and others, 2008, 37 CLC (HCD)

....s 19 or 19A of the Code of Civil Procedure for re-admission of the appeal and should not move to the High Court Division in revisional jurisdiction. Where there are specific remedies available to a party under the Code, he cannot challenge the said order in revisional jurisdiction at his sweet w...... maintainable. I find no merit in this Rule. In the result, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 139. ...... maintainable. I find no merit in this Rule. In the result, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 139. ..

Category: Property Law | Date: 2 Dec, 2008 | Hits: 7

Habibur Rahman Molla Vs. State, 2008, 37 CLC (HCD)

.... Judgment November 20, 2008 Result: The Rule is discharged. Interpretation of Statute The language of the statute is not always a decisive factor in determining whether the particular provision of a statute is mandatory or directory. The language of the statute cannot alwa......acated. Let a copy of this judgment and order along with the LCR be sent to the concerned Court at once. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 1, 29 BLD (HCD) (2009) 227. ......acated. Let a copy of this judgment and order along with the LCR be sent to the concerned Court at once. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 1, 29 BLD (HCD) (2009) 227. ..

Category: Anti-Corruption Laws | Date: 20 Nov, 2008 | Hits: 157

Professor Dr. A F M Ruhul Haq and Others Vs. Govt. of Bangladesh & Others, 2008, 37 CLC (HCD) [অধ্যাপক ড.এ, এফ, এম, রুহুল হক গং বনাম বাংলাদেশ গং, ২০০৯, ৩৭ সিএলসি (হাইকোর্ট ডিভিশন)]

....রতিবেদন দাখিল করিবেন। বিচারপতি মোঃ আবু তারিক.-আমি একমত। Ed. This Case is also Reported in: ......রতিবেদন দাখিল করিবেন। বিচারপতি মোঃ আবু তারিক.-আমি একমত। Ed. This Case is also Reported in: ......রতিবেদন দাখিল করিবেন। বিচারপতি মোঃ আবু তারিক.-আমি একমত। Ed. This Case is also Reported in: ..

Category: Civil Law, Employment/Service Law | Date: 18 Nov, 2008 | Hits: 3