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Zahed Hossain (Md.) Vs. State and another, 2009, 38 CLC (HCD)
....and 0521288 giving date of 20-1-2006 of his current account No. 0210003007 standing in the Mutual Trust Bank Limited, Khatunganj Branch, Chittagong for Taka 27,73,860 and 27,05,400 respectively and also issued two cheques bearing Nos. PCD/A 7991939 and 7991938 dated 22-1-2006 of his current account ......t be quashed and the same may continue as well. I like to add the above few words in support of my learned brother and I agree. Ed. This Case is also Reported in:61 DLR (HCD) (2009) 386. ......case to the Metropolitan Sessions Judge, Chittagong, who registered the case as Sessions Case No. 1110 of 2006 and transferred to the Additional Metropolitan Sessions Judge, 1st Court, Chittagong for trial and disposal, who framed charge against the accused-petitioner under section 138 of the Negoti......ion (Criminal Miscellaneous Jurisdiction) Present: Siddiqur Rahman Miah J Md. Ataur Rahman Khan J Zahed Hossain (Md.) …………… Accused Petitioner Vs. State and another …………………………Opposite Parties Judgment April 29, 2009. R..Category: Procedural Law | Date: 29 Apr, 2009 | Hits: 135
Md. Abdur Rashid & others Vs. Most. Amena Khatun and others, 2009, 38 CLC (HCD)
....for disposal of this re-visional application, briefly, be put thus:- The plaintiff-respondent-petitioners, as plaintiffs, instituted Title Suit being No.14 of 1998 for declaration of title and also for declaration that the Heba-bil-ewaz deeds being Nos.4080 of 1997 and 4266 of 1997 are fra......pite of the fact if the plaintiffs claim exclusive title to the suit land, they should have prayed for confirmation of possession but that having not been done the maintainability of the suit is called in question. Besides, D.Ws.4 and 5 identifier and witness respectively- of the disputed deeds......n respect of the suit land mentioned in the schedule to the plaint which were executed by one Lokman Sarder in favour of his daughter, Mst. Amena Khatun which are under challenge. 4. During trial defendant No.5 Abdul Jalil compromised the case with the defendant and the rest plaintiffs con......Ahmed J Md. Abdur Rashid & others……………………………………Petitioners Vs. Most. Amena Khatun and others…………………………Respondent..Category: Property Law | Date: 13 Apr, 2009 | Hits: 2
Jaharlal Bandapadhya and others vs. Most. Begum Jahanara, 2009, 38 CLC (AD)
....d the above mentioned Title Suit against the appellant for Specific Performance of Contract, contending, inter alia, that the suit property originally belonged to Nishi Kanta Bandapadhya, the predecessor and father of the defendant Nos.1 and 2 Shayama Kanta Bandapadhaya and Ramani Kanta Bandapadhy......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. ......, fabricated and collusive document and that the alleged transaction is barred under the provision of P. O.92 and 142 of 1972 and prayed for dismissal of the suit. 5. Upon hearing the parties, the trial court decreed the suit in part. Against which, First Appeal No.270 of 1981 was filed and suit ......t any order as to cost. Ed. This Case is also Reported in: VII ADC (2010) 155. ..Category: Property Law | Date: 13 Apr, 2009 | Hits: 74
Abdus Sahid @ Shahid & others Vs. Anowara Begum & others, 2009, 38 CLC (HCD)
....ered as Title Suit No.35 of 1999 and, lastly, as Title Suit No.50 of 2001 in the seisin of the Court of Senior Assistant Judge, Balaganj, Sylhet. 3. Plaintiffs claimed that Amir Kha, the predecessor-in-interest of both the plaintiffs and the defendants was the original owner of the schedule lan......ly to the Appellate Court to rehear the appeal, and, if he satisfies the Court that the notice was not duly served or that he was prevented by sufficient cause from appearing when the appeal was called on for hearing, the Court shall rehear the appeal on such terms as to costs or otherwise as i...... but they were not given the opportunity and that the plaintiffs with ulterior motive purposely and collusively got the appeal decreed on compromise with the defendant-respondent Nos.1-4 although the trial Court while dismissing the suit, observed that all the suit properties were not brought i......hellip;……………Opposite Parties Judgment April 9, 2009. Result: The Rule is discharged. Case Referred to- Ahejuddin Molla Vs. Hanufa Bibi and others, 26 D.L.R. (1974) 323. Lawyers Involved: Md. Faroque Ahmed with Anjuman-Ara Beg..Category: Property Law | Date: 9 Apr, 2009 | Hits: 2
Mohammad Mosharraf Hossain Vs. Golam Mohamad and another, 2009, 38 CLC (AD)
....n in section 138 of the Act were complied and the main ground of the petitioner for praying for quashing is that he having not received the legal notice, no cause of action arose to file the case and so no offence under section 138 of the Act has also been disclosed but whether the petitioner receiv......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. ......ts opposed the Rule contending that the petition of complaint of the C.R. Case No. 183 of 2007 clearly discloses cause of action as the petitioner duly received the notice for payment and further the trial has been concluded and the case is fixed for argument. The High Court Division, after hearing,......l Amin CJ Mohammad Fazlul Karim J Md. Tafazzul Islam J Md. Joynul Abedin J Md. Abdul Matin J Mohammad Mosharraf Hossain…………………Petitioner (On bail) Vs. Golam Mohamad and another……………………Respondents Judgment February 26, 2009. Result: The p..Category: Banking Law | Date: 26 Feb, 2009 | Hits: 150
Fahima Nasrin Vs. Government of Bangladesh and others, 2009, 38 CLC (HCD)
....ul Hashem Mia........................Petitioner Vs. Government of Bangladesh and others..........................Respondents Judgment February 11, 2009. Result: The Rule is made absolute. Cases Referred To- State Vs. Deputy Commissioner, Satkhira 45 DLR 643; Munna Vs.......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. ......43 of 2004 arising out of Bheramara Police Station Case No.12 dated 23.11.2003, corresponding to G.R. No.154 of 2003. It having been established that Rony was below the age of 16 years at the time of trial, the trial took place in the Court of Sessions Judge and Juvenile Court, Kushtia. At the concl......pecial Original Jurisdiction) Present: Md. Imman Ali J Sheikh Abdul Awal J Fahima Nasrin, daughter of Abul Hashem Mia........................Petitioner Vs. Government of Bangladesh and others..........................Respondents Judgment February 11, 2009. Result: The..Category: Women and Children | Date: 11 Feb, 2009 | Hits: 189
A. J. M. Helal & others Vs. Bangladesh and others, 2009, 38 CLC (HCD)
....426 of 2006 arising out of C.R. Case No.384 of 2005 convicting the petitioner under section 138(1) of the Negotiable Instrument Act, 1881 and sentencing him thereunder to suffer simple imprisonment for a period of 1(one) month and to pay a fine of Tk.3,00,000/-. 5. Writ Petition ......re involved in these writ petitions they are heard together and are being disposed of by this common judgment which will govern all the writ petitions. 2. In all these Rules the respondents were called upon to show cause as to why the section 138A of the Negotiable Instrument (amendment) A......able Instrument Act (as amended on 09.02.2006) mainly on 3 (three) counts. Firstly, that the statutory law must be comprehensive in its nature and should provide adequate provision in respect of trial and appeal but the provisions of section 138A of the Negotiable Instrument Act is harsh, ......lip;……………………………………………………Petitioner Vs. Bangladesh and others……………………………&h..Category: Corporate Law | Date: 9 Feb, 2009 | Hits: 5
AJM Helal Vs. Bangladesh and others, 2009, 38 CLC (HCD)
.............Petitioner Vs. Bangladesh and others.........Respondents Judgment February 9, 2009. Result: These Rules are discharged without any order as to costs. Reasons behind amendment of section 138 of the Negotiable Instruments Act The appeal is a continua......re involved in these writ petitions they are heard together and are being disposed of by this common judgment which will govern all the writ petitions. 2. In all these Rules the respondents were called upon to show cause as to why the section 138A of the Negotiable Instruments (Amendment) Act, ......piry of 30 days, 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 i...... High Court Division (Special Original Jurisdiction) Present: Md. Imman Ali J Sheikh Abdul Awal J AJM Helal…………....................Petitioner Vs. Bangladesh and others.........Respondents Judgment February 9, 2009. Result: These Rules ar..Category: Civil Law | Date: 9 Feb, 2009 | Hits: 45
Sontosh Kumar Shaha Vs. Government of Bangladesh and others, 2009, 38 CLC (HCD)
....llip;Petitioner Vs. Government of Bangladesh and others………………Respondents Judgment February 5, 2009. Result: The Rule is made absolutes. Cases Referred to- The State Vs. Chief Editor of Manab Zamin and others, 2 L....... Judgment A.F.M. Abdur Rahman J.-This Rule Nisi, issued on 23.05.2004, at the instance of the writ petitioner Sontosh Kumar Saha, a Senior Assistant Judge of the Subordinate Judiciary, has called upon the respondents to show cause as to why the petitioner should not be posted as Joint Dis......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. ...... Sontosh Kumar Shaha…………………………………………Petitioner Vs. Government of Bangladesh and others………………Respondents Judgment February 5..Category: Administrative Law, Constitutional Law | Date: 5 Feb, 2009 | Hits: 2
Subrata Majumder @ Liton Vs. State, 2009, 38 CLC (HCD)
.... the Nari-o-Shishu Nirjatan Daman Ain, 2000 (hereinafter called the Ain) rejecting the application for bail of appellant Subrata Majumder @ Liton. 2. The prosecution case, is that the accused persons including the appellant on the night of occurrence abducted the victim Barnali. Then some of th......nal Appeal No. 3921 of 2008. Judgment AKM Fazlur Rahman J. - This appeal is directed against the order dated 13-5-2008 passed by the Nari-o-Shishu Nirjatan Daman Tribunal, Bagerhat (hereinafter called as the Tribunal) in Nari-o-Shishu Nirjatan Case No.126 of 2008 under sections 7/9/(3)/30 of t......hishu Nirjatan Daman Tribunal, Bagerhat who however is at liberty to cancel his bail if the privilege of bail is misused by him in future. Ed. This Case is also Reported in: 16 BLC (2011) 828. ......tted rape upon her, spread fire on her body caused her death. After recovery of the dead body her father lodged FIR with Rampal Police Station. During investigation of the case accused Moktar Hossain and Kamal Hossain Howlader made confessional statements recorded under section 164 of the Code of Cr..Category: Women and Children | Date: 5 Feb, 2009 | Hits: 127
Tashin Ali (Md.) Vs. Md. Shamsul Hoque and others, 2009, 38 CLC (HCD)
....inter alia, that the case jote was recorded in the CS Khatian No.73 in the name of Genda Sheikh, Kadir Mahmood Sarker, Abdul Sheikh and Sattar Sheikh in equal share. Kadir Mahmood died leaving behind sons Faraj, Foyjar, Mustafizur and the pre-emptee Tahsin Ali, A Jalil, Dula Mia and 2 daughters name......ent of the Courts below are hereby affirmed. The order of stay passed earlier is hereby vacated. Send down the LC records. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 220. ......rict Judge, Kurigram, which was heard on transfer by the Court of the Additional District Judge, Kurigram, who by the impugned Judgment and order dismissed the appeal and affirmed the Judgment of the trial Court. 7. Being aggrieved there against the pre-emptee petitioner obtained the instant rule......e Court High Court Division (Civil Revisional Jurisdiction) Present: AKM Asaduzzaman J Tashin Ali (Md.)…………………......................Petitioner Vs. Md. Shamsul Hoque and others…………………..Opposite Parties Judgment January 15, 2009. Result: The..Category: Property Law | Date: 15 Jan, 2009 | Hits: 38
.... Mohan Das
Bigraha…………… Petitioner
Vs.
Jahanara Islam Chowdhury and
others………...Opposite Parties
Judgment
December 18, 2008.
Result:
The Rule is made absolute without any order
as to cost.
Case Referred to
Prodip Kumar Chkraborty Vs. Jamila ......ce of any summons upon the deity or service of any notice
of hearing of the aforesaid Review Case No. 127 of 1985 upon the deity after
dismissal of the suit for want of proof of execution of the so-called 'Bainapatra' dated 7-10-83.
33. It is admitted that the suit property
belonged to the d......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.
......Division
(Civil
Revisional Jurisdiction)
Present:
Md.
Abdur Rashid J
Gour Netai Sri Sri Modan Mohan Das
Bigraha…………… Petitioner
Vs.
Jahanara Islam Chowdhury and
others………...Opposite Parties
Judgment
December 18, 2008.
Result:
The ..
Category: Hindu Law | Date: 18 Dec, 2008 | Hits: 22
Nazimuddin (Md.) Chairman Vs. Government of Bangladesh, 2008, 37 CLC (HCD)
....hellip;…………..(21) Interpretation 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 legi...... 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. ......tropolitan, Dhaka transferred the case to the Court of Metropolitan Special Judge, Dhaka who subsequently transferred the case to the Special Judge Court No. 6, Sher-e-Bangla Nagar, Dhaka for holding trial. After receiving of the case record the said Court took cognizance of the case under sections ...... The Anti Corruption Commission Act, 2004 (Act No. V of 2004); Section 32 (1) & (2) The Anti Corruption Commission Rules, 2007; Rule 15 (2) 'Sanction' is an administrative act and isn’t subject to any judicial scrutiny……………..(21) ..Category: Anti-Corruption Laws | Date: 4 Dec, 2008 | Hits: 149
MM Ali Ispahani Vs. MM Ispahani Ltd., 2008, 37 CLC (HCD)
.... This Case is also Reported in: 29 BLD (HCD) (2009) 206. ......ime. The weight of evidence on record and of the submissions above of Dr. Zahir further exposes the weakness of Mr. Imam’s submission in this regard. By that reason this Court finds that the so-called 1972 London Agreement was in fact never fully executed or implemented, but rather in its exhi...... in the share structure of the Company. The growing fortunes of the Company led to it emerging as the parent company to a progressively expanding group of companies engaged in the commercial and industrial sectors all over British India. The Company is said to have been converted from a private to a......ial Original Jurisdiction) Present: Syed Refaat Ahmed J MM Ali Ispahani, son of Late Mirza Mahmood Ispahani, resident of Flat No.4 Mansion, Ispahani Colony Maghbazar, P.S. Ramna, Dhaka and others….................... Petitioners. Vs. MM Ispahani Ltd., 14-15 Motijheel ..Category: Company Law | Date: 4 Dec, 2008 | Hits: 505
Dewan Joynal Abedin Vs. Husen Ahmed Khan and others, 2008, 37 CLC (HCD)
.... hearing. Being aggrieved by the said judgment and order, the pre-emptor moved this Court in Civil Revision No.4485 of 2005. This Court by judgment and order dated 19th August, 2007 made the Rule absolute and directed the learned District Judge to dispose of the appeal on merit. Thereafter, the ......nnot challenge the said order in revisional jurisdiction at his sweet will. 6. The petitioner was required to prove that he was prevented by sufficient cause from appearing when the appeal was called on for hearing. Haven after showing sufficient cause, if the lower appellate Court does not ......4 allowed the case for pre-emption. The pre-emptee thereafter preferred Miscellaneous Appeal No. 57 of 2004 before the learned District Judge, who allowed the appeal and remanded the matter to the trial Court for fresh hearing. Being aggrieved by the said judgment and order, the pre-emptor moved...... High Court Division (Civil Revisional Jurisdiction) Present: SK Sinha J Dewan Joynal Abedin ………………………………… Petitioner Vs. Husen Ahmed Khan and others……………… Opposite Parties Judgment December 2, 2008. Result: ..Category: Property Law | Date: 2 Dec, 2008 | Hits: 7
Kamal Hossain (Md.) alias Md. Kamal Pramanik Vs. State, 2008, 37 CLC (HCD)
....earned Nari-o- Shishu Nirjatan Daman Tribunal, Natore, in Nari-o- Shishu Nirjatan Case No.31 of 2004, convicting him under section 9(1) of the Nari-o-Shishu Nirjatan Daman Ain, 2000 to suffer imprisonment for life and to pay fine of Taka 10,000, in default to suffer rigorous imprisonment for six......egnant. Then the appellant told the victim to make abortion, but his daughter Rozina Begum did not agree. They told the appellant to register their marriage, but he refused. Appellant's father was called in who admitted the marriage and in turn brought some sweets in which they administered herb......ng prima facie case against this convict and his father under sections 9(1) /30 of the Nari-o-Shishu Nirjatan Daman Ain, 2000 submitted charge sheet against them. 4. The case being ready for trial was sent to the learned Nari-o-Shishu Nirjatan Daman Tribunal, Natore who took cognizance of t...... Criminal Appeal No. 2970 of 2006. Judgment Md. Arayesuddin J. - Convict-appellant Md. Kamal Hossain alias Md. Kamal Pramanik has preferred this criminal appeal against the judgment and order, dated 3-5-2006, passed by the learned Nari-o- Shishu Nirjatan Daman Tribunal, Natore, in..Category: Women and Children | Date: 23 Nov, 2008 | Hits: 7
Mosammat Kazi Shamsunnahar Vs. Md. Ramjan Molla and others, 2008, 37 CLC (HCD)
....s. Abdul Mannan Kazi and others, 10 BLC (AD) 157; Mozibar Rahman Molla and another Vs. Md. Rehazuddin and others, 8 BLC 479; Abdul Latif Vs. Rashid Ahmed and others, 2 BLC 73; Deputy Commissioner, Jessore Vs. Ershad Ali Moral and others, 25 BLD (AD) 161. Lawyers Involved: Kazi Abdul Khaleq......s discharged. The judgments and orders of the courts below are hereby affirmed. Send down the lower court records at once. Ed. This Case is also Reported in: 29 BLD (HCD) (2009) 391. ...... as petitioner filed a Pre-emption Case No.35 of 1999 before the learned Senior Assistant Judge, Munshiganj for pre-emption of the suit land against the purchaser petitioner and others. The trial court on conclusion of the hearing allowed the aforesaid miscellaneous case against which a mi......ent: Md. Mizanur Rahman Bhuiyan J Mosammat Kazi Shamsunnahar……………………………Petitioner Vs. Md. Ramjan Molla and others……………………………&h..Category: Property Law | Date: 20 Nov, 2008 | Hits: 2
Habibur Rahman Molla Vs. State, 2008, 37 CLC (HCD)
.... reference to the intent of the legislature. So the intention of the legislature is the governing and regulating factor, which has to be gathered not only from the phraseology of the provision, but also by considering its nature, its design, scheme and the consequences which would follow from constr......ne the respective provisions of law as have been referred to and also the application along with the annexure, the counter-affidavit filed by the respondent and the lower Court's record which was called for at the time of issuance of this Rule. 12. There is no denial of the fact that for th......ection 561A The application for quashment of the criminal proceeding under section 561A of the Code cannot be also entertained after the lapse of significant amount of time, e.g. at the stage of trial where evidence of 17 witnesses have already been recorded by the trial Court. Cases Refer...... 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 always be faultless, and this leaves room ..Category: Anti-Corruption Laws | Date: 20 Nov, 2008 | Hits: 157
Abdul Hai (Md.) Vs. Bangladesh and others, 2008, 37 CLC (HCD)
....es on 31-7-1986, having identification No.47396, and since then he was discharging his duty with full satisfaction of the authority of the Bangladesh Rifles. The petitioner, being a very religious person while posted with 30 Rifle Battalion. Bangladesh Rifles, Dhaka participated in BDR 'Qirat' and '......eral — for the Respondents. Writ Petition No. 4081 of 2003 Judgment AFM Abdur Rahman J. - This Rule Nisi, dated 22-6-2003, issued at the instance of the writ petitioner Md. Abdul Hai, has called upon the respondent Bangladesh Rifles authority to show cause as to why the order dated 1-10-......y his all retirement benefits as he is entitled under the law prevailing up to date. However, there shall be no order as to costs. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 485. ...... 485. ..Category: Employment/Service Law | Date: 18 Nov, 2008 | Hits: 33
Ziad Ali Gazi (Md.) Vs. State, 2008, 37 CLC (HCD)
.... October 28, 2008. Result: The appeal is allowed. Even though the charge sheet was submitted, the charge was not framed and the completion of the trial is not likely to be soon. In such cases, bail can be granted ………….(8) Lawyers Involved: SK Rezaul Islam, Adv...... satisfaction of the Special Tribunal No. 3, Satkhira before whom the case is pending for trial. Communicate the order at once. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 807. ......…Respondent Judgment October 28, 2008. Result: The appeal is allowed. Even though the charge sheet was submitted, the charge was not framed and the completion of the trial is not likely to be soon. In such cases, bail can be granted ………….(8) Lawyers Invol......te………………………Respondent Judgment October 28, 2008. Result: The appeal is allowed. Even though the charge sheet was submitted, the charge was not framed and the completion of the trial is not likely to be soon. In such cases, bail can be granted ……..Category: Criminal Law | Date: 28 Oct, 2008 | Hits: 27
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