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

....ublication. 2. Facts leading to the issuance of the present Rule, in short, are that after completing all the stages of proceeding for survey and settlement of recent Mohanagari settlement under relevant Rules of State Acquisition and Tenancy Rules, 1955 (herein after referred to as SA and T Ru......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       ......nts Judgment October 28, 2009.  Result: this Rule is made absolute. Cases Referred to- Romisa Khanam Vs. Bangladesh 61 DLR 18; Md. Abtab Ali Sheikh Vs. Director of Land Records, 58 DLR 397=11 MLR 226; Capital Co-operative Housing Society Ltd Vs. Bangladesh 45 DLR 2......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

Dr. Mir Jamal Uddin and others Vs. Dr. Nawzesh Farid and others, 2009, 38 CLC (AD)

....consideration. Accordingly, the petitions are dismissed. Ed. This Case is also Reported in: 15 MLR (AD) (2010) 196, 15 BLC (AD) (2010) 161; VII ADC (2010) 560, 31 BLD (AD) (2011) 25. ......ading to the filing of the above noted writ petitions, in brief, are that Bangladesh Public Service Commission (PSC) invited applications vide notification dated 28.05.2006, published in various news papers for appointment in the posts of Professors, Associate Professors and Assistant Professors in ...... Present: MM Ruhul Amin CJ Mohammad Fazlul Karim J Md. Joynul Abedin J Md. Abdul Matin J Shah Abu Nayeem Mominur Rahman J ABM Khairul Haque J Dr. Mir Jamal Uddin and others..................Petitioners (In Civil Petition No.1158-59 of 2009) Dr. Shafiuddin A......consideration. Accordingly, the petitions are dismissed. Ed. This Case is also Reported in: 15 MLR (AD) (2010) 196, 15 BLC (AD) (2010) 161; VII ADC (2010) 560, 31 BLD (AD) (2011) 25. ..

Category: Employment/Service Law | Date: 14 Oct, 2009 | Hits: 118

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

....10. Heard the learned Advocates on both the sides and perused the application under Section 561A of the Code of Criminal Procedure and the Annexure filed therewith, F.I.R., Charge sheet and all other relevant papers available on record. 11. The point calls for determination in this case is whet...... the learned Advocates on both the sides and perused the application under Section 561A of the Code of Criminal Procedure and the Annexure filed therewith, F.I.R., Charge sheet and all other relevant papers available on record. 11. The point calls for determination in this case is whether the i...... Present: Afzal Hossain Ahmed J Md. Abdus Samad J Md. Rezaul Kabir………………………..Accused-petitioner Vs. The State and another…………………………..Opposit......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

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

....erceived certain underlying critical issues which have been brought to light as a result of this incident, we felt it to be only proper that we should deal with the matter in some detail. 13. The relevant provision of law dealing with custody of victim children is found in section 58 of the Chil...... 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. ...... Md. Fazlur Rahman J State......................................................................................Petitioner Vs. Secretary, Ministry of Law, Justice & Parliamentary Affairs and others ..........Respondents Judgment September 3, 2009. Result: The Rule is dispose...... 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)

....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. ......urt Division (Civil) Present: Md. Mamtaz Uddin Ahmed J Tobarak Ali Bepari…………………………Petitioner Vs. Hachen Kha Being Dead His Heirs 1(A) Razzak Kha and others…………………….Opposite Parties Judgment August 25, 2009. Result......such, the judgments are liable to be set aside. He further submitted that the Courts below had to decide the title of the pre-emptor over his own land in as much as the preemptor has not filed any documents of his title but he sought the preemption only submitting S.A. Khatian which has got no ..

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

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

....rted in 60 DLR (AD) 195, Nizamuddin Mahmood Vs. Abdul Hamid Bhuiyan and others. 8. We have considered the submission of the learned Advocates, perused the materials on record as well as the relevant law and the decision cited. 9. The submission made by the learned Counsel for the accu......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. ......h Court Division (Criminal Miscellaneous Jurisdiction) Present: AKM Asaduzzaman J Md. Rezaul Hasan J Sheikh Mashuk Rahman..…………………Petitioner Vs. State and another……............Opposite Parties Judgment August 16, 2009. Cases Referre......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)

.... 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. ......hould not be quashed so far as it relates of the accused petitioner No.1. 8. We have heard the submissions of learned Advocates and perused the First Information Report, charge sheet and other papers annexed with application. 9. A criminal proceeding can be quashed if the allegations m......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

Sree Ashish Kumar Shaha Roy Vs. Al-Haj Md. Wasidul Islam and others, 2009, 38 CLC (AD)

.... therefore find any substance in any of the submissions of the learned Counsel for the petitioner. This petition is accordingly dismissed. Ed. This Case is also Reported in: 21 BLT (AD) (2013) 13. ......ummarily rejected the revisional application which is not tenable in law. 10. We have heard the submissions of the learned Counsel for the petitioner and perused the impugned order and all connected papers. Having considered the facts and circumstances of the case and the decision of the High Court......rt Appellate Division (Civil) Present: MM Ruthful Amin CJ BK Das J Md. Muzammel Hossain J Sree Ashish Kumar Shaha Roy..............Plaintiff-appellant-petitioner Vs. Al-Haj Md. Wasidul Islam and others………Principal-defendants-opposite parties Judgment July 23, 2009. Result: This pe......findings of facts and the plaintiffs failed to prove that the registered deed of  gift No.2953 dated 26.3.1963 and consequent thereupon the registered sale deed No.146 dated 1.4.2000 are invalid documents.The plaintiffs also failed to prove their acquisition of title by inheritance in the suit ..

Category: Property Law | Date: 23 Jul, 2009 | Hits: 6

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

....Act, 2004 on 20-2-2008 upon the appellant in Dhaka Central Jail, Kashempur, Gazipur directing him to submit his statement of assets within 72 hours from the date of receipt of the said notice. At the relevant time when the said notice dated 18-2-2007 was served upon the appellant he was in jail as d......d notice was issued. Therefore, there was no Commission in between 7-2-2007 to 24-2-2007. 6. The appellant received the said notice in jail custody but did not have any access to his records and papers and did not have any opportunity of consultation with his income tax adviser and lawyers for ...... Court Division (Criminal Appellate Jurisdiction) Present: SM Dastagir Husain J Md. Raisuddin J Dr. Mohiuddin Khan Alamgir.................Convict-Appellant Vs. ACC and another....................Respondents Judgment July 13, 2009. Result: The a......on passed by the trial Court is absolutely without evidence and is liable to be set aside. 49. We have examined the FIR, charge sheet, examination-in-chief, cross-examination, exhibits and other documents in the record. We have also carefully perused the judgment passed by the trial Court in th..

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)

....rn us for the present and so they need not be gone into. The provisions of section 18 (5) have been set out above. 15. To turn to section 19 which deals with the deposit of rent, I find that the relevant Provisions is that when a landlord refuses to accept rent referred to in section 18 remitte...... 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. ......aul Karim J Radha Shyam Sarker……………………………..Petitioner Vs. Nani Gopal Sen being dead his heirs: Ashesh Kumer and others.......................Opposite parties Judgment July 5, 2009. Result: ...... 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)

.... 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. ...... That on 15.12.97 the petitioner's husband returned backed Tk. 3,50,000 to opposite party No.1 through one Ayub Ali Sikder and after receiving the said amount the opposite party No.1 returned the papers and documents including the Bainanama to the petitioner's husband. Thereafter a Bainanama......Present: Syed Abu Kowser Md. Dabirush Shan J Most. Abu Tara……………………Defendant-Respondent Petitioner Vs. Md. Abdur Rahim Khan and others……………………….Plaintiff-Appella.......12.97 the petitioner's husband returned backed Tk. 3,50,000 to opposite party No.1 through one Ayub Ali Sikder and after receiving the said amount the opposite party No.1 returned the papers and documents including the Bainanama to the petitioner's husband. Thereafter a Bainanama dated 15.1..

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

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

....witnesses and presumption In the case of rape, the prosecution case must be corroborated by the evidence of independent witnesses or circumstantial evidence. Non examination of independent and relevant witnesses goes against the prosecution and raises a presumption against the prosecution t....... 10. Mr. Abdur Razzaque Miah, the learned Advocate for the appellant took us to the FIR, the charge so framed, the deposition of the prosecution witnesses, impugned Judgment and the material papers and documents which are available in the paper books and submits that the appellant is quite......€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦Opposite Party Judgment June 22, 2009. Result: The appeal is allowed. Presumption of innocence The fundamental and basic presumption in the administration of Criminal law and justice delivery system is that th......Mr. Abdur Razzaque Miah, the learned Advocate for the appellant took us to the FIR, the charge so framed, the deposition of the prosecution witnesses, impugned Judgment and the material papers and documents which are available in the paper books and submits that the appellant is quite innocent a..

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

Bangladesh Power Development Board & others Vs. Abu Bakar Siddique & anothers, 2009, 38 CLC (AD)

....orce of law and, as such, the respondents have acquired vested right of promotion as per the above circular. 8. In order to appreciate the issue involved in the case it is necessary to quote the relevant impugned circular Annexure-'B' as under; East Pakistan Water and Power Development Aut......9 of 2001 are hereby declared to have been passed without lawful authority and is of no legal effect. Accordingly, the appeals are allowed without any order as to costs. Ed.   ......M Zahir, Senior Advocate with Azizul Huq Advocate, instructed by Md. Aftab Hossain, Advocate-on Record-For the Respondents (As added). Civil Appeal Nos. 341-358 of 2003. (From the judgment and order dated the 16th day of March, 2003 passed by the High Court Division in Writ Petition Nos.2......9 of 2001 are hereby declared to have been passed without lawful authority and is of no legal effect. Accordingly, the appeals are allowed without any order as to costs. Ed.   ..

Category: Employment/Service Law | Date: 3 Jun, 2009 | Hits: 256

Bangladesh Power Development Board & others Vs. Abu Bakar Siddique & anothers, 2009, 38 CLC (HCD)

....orce of law and, as such, the respondents have acquired vested right of promotion as per the above circular. 8. In order to appreciate the issue involved in the case it is necessary to quote the relevant impugned circular Annexure-'B' as under; East Pakistan Water and Power Development Aut......ithout lawful authority and is of no legal effect. Accordingly, the appeals are allowed without any order as to costs. Ed. This Case is also Reported in: 15 BLC (AD) (2010) 214. ......M Zahir, Senior Advocate with Azizul Huq Advocate, instructed by Md. Aftab Hossain, Advocate-on Record-For the Respondents (As added). Civil Appeal Nos. 341-358 of 2003. (From the judgment and order dated the 16th day of March, 2003 passed by the High Court Division in Writ Petition Nos.2......ithout lawful authority and is of no legal effect. Accordingly, the appeals are allowed without any order as to costs. Ed. This Case is also Reported in: 15 BLC (AD) (2010) 214. ..

Category: Employment/Service Law | Date: 3 Jun, 2009 | Hits: 3

Ehtesamur Rahman Vs. The State & Others, 2009, 38 CLC (HCD)

.... passed by the Metropolitan Magistrate, Dhaka in Motijheel P.S. Non-F.I.R. Case No.77 of 2001 under section 145 of the Code of Criminal Proce­dure should not be set aside. 2. The short facts relevant for the purpose of the case are that Major Shawkat Ali Khan on behalf of Directorate Genera......formation and necessary action. Ed. This Case is also Reported in: 29 BLD (HCD) (2009) 399.                 ......ded with cases on the plea that the higher court has also concurrent jurisdiction to try the same case………(12) Cases Referred to- Alhaj Rahimuddin Shah Vs. Sirajul Islam and others, 37 DLR 316; Shafiqur Rahman and others Vs. Nurul Islam Chowdhury, 35 DLR (AD) 127. ......formation and necessary action. Ed. This Case is also Reported in: 29 BLD (HCD) (2009) 399.                 ..

Category: Procedural Law | Date: 19 May, 2009 | Hits: 1

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

....places or educational institutions. ii) Concerned Authority means an authority of any educational institution or work place in both public and private sectors, which is authorised under the relevant disciplinary rules to take action in case of misconduct. iii) Disciplinary Rules mean......matter. iii) The Complaint Committee will have the power to send registered notice by mail to the parties and the witnesses, conduct hearing, gather evidence, and examine all relevant papers. In this type of complaint, apart from oral evidence emphasis should be placed on circums......iginal Jurisdiction) Present: Syed Mahmud Hossain J Quamrul Islam Siddiqui J Bangladesh National Women Lawyers Association (BNWLA)...... the petitioner Vs. Government of Bangladesh and Others...... the respondents Judgment May 14, 2009. Cases Referred to- H.M. Ershad......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

State Vs. Anjali Debi alias Monju Debi, 2009, 38 CLC (HCD)

....accused suspecting her to be a child lifter. She denied the suggestion that the accused did not abduct the victim. 8. P.W. 2, Md. Jahangir Alam, in his examination- in-chief, stated that, at the relevant time he was sitting in his house and having heard hue and cry from the brickfield of Kalam,......ent to Begum Amirun Nesa, the then Judge of Nari-o-Shishu Nirjatan Daman Tribunal, Pabna, immediately at her present posting. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 738. ......¦â€¦............................Appellant Vs. Anjali Debi alias Monju Debi………….Condemned Prisoner Judgment May 5, 2009.  Result: The Death Reference is rejected and connected Criminal Appeal with the Jail Appeal is allowed.   The Nari-o-Shishu Nirjata......ent to Begum Amirun Nesa, the then Judge of Nari-o-Shishu Nirjatan Daman Tribunal, Pabna, immediately at her present posting. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 738. ..

Category: Women and Children | Date: 5 May, 2009 | Hits: 75

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

....ted to one another in point of purpose or as cause and effect or as principal and subsidiary acts, as to constitute one continuous action (PLD 1962 Dacca 424 (DB)). 51. The following factors are relevant in determining whether or not different acts committed by one or more accused persons were ...... is liable to be discharged with cost and stay be vacated. 6. We have perused the Judgment and order passed by the learned Additional Metropolitan Sessions Judge, 1st Court, Chittagong and other papers are available on record. Heard the learned Advocate of both sides, wherefrom it transpires th......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......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. ..

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

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

....tes of both the sides and perused the impugned Judgment and order, the deed ofagreement in question, the plaint of the Title Suit No.11 of 2006, the written objection filed by the defendant and other relevant papers filed with the revisional application. 9. The point for determination in this Rul......th the sides and perused the impugned Judgment and order, the deed ofagreement in question, the plaint of the Title Suit No.11 of 2006, the written objection filed by the defendant and other relevant papers filed with the revisional application. 9. The point for determination in this Rule is whet......¦â€¦.Appellant Vs. Somola Khatoon & others……………………opposite parties Judgment April 21, 2009. Result: The Rule is made absolute. Case Referred to- M. Pentiah and others Vs. Muddala Veeramallappa and others, AIR, 1961 (SC) 1107. Lawyers Involved: Mahmud......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. ..

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

Md. Abdur Rashid & others Vs. Most. Amena Khatun and others, 2009, 38 CLC (HCD)

.... is discharged, however, without any order as to costs. Send down the Lower Court Records at once. Ed. This Case is also Reported in: 29 BLD (HCD) (2009) 296.     ...... jama mutated in her name and has been possessing the same since then and in support of this contention she has filed D.C.R., Khariji khatian and rent receipts marked Exts. Ghha-Uma and Cha. The said papers as exhibited by the defendant are im­portant items of evidence of possession which may be......Ahmed J Md. Abdur Rashid & others……………………………………Petitioners Vs. Most. Amena Khatun and others…………………………Respondent......ose need to be proved if challenged to be incor­rect both as to title and as to delivery of pos­session. Though registration itself would not conclusively prove the truth of the contents of a documents yet the recitals in a document, admitted by the executants before the Regis­trar would..

Category: Property Law | Date: 13 Apr, 2009 | Hits: 2