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Paresh Chandra Biswas Vs. Sree Sree Shashan Kalimata Idol and others, 2009, 38 CLC (HCD)

....admitted that there was existence of Mondir in the suit lands. In course of cross-examination, he stated that he did not see the performing Kalipuja by the defendant-appellant after the liberation of Bangladesh and that the defendant whimsically maintains the income and expenditure of the deity'......operty is vested and the Shebait is a mere manager or custodian of the idol. In the case of a mutt also, the proprietary right vests in the institution and not in the Mount. As was pointed out by the Judicial Committee in the case of Vidya Varathi Thirtha Vs. Balusami (II), the idea of a trust in th......he result, the appeal is dismissed with costs. The connected Rule is discharged. Send down the lower Court records at once. Ed. This Case is also Reported in:61 DLR (HCD) (2009) 679. ......he result, the appeal is dismissed with costs. The connected Rule is discharged. Send down the lower Court records at once. Ed. This Case is also Reported in:61 DLR (HCD) (2009) 679. ..

Category: Others, Property Law | Date: 16 Dec, 2009 | Hits: 94

Nirmal Chandra Shaha Vs. The State and others, 2009, 38 CLC (HCD)

.........................................Respondents Judgment December 14, 2009. Cases Referred To- Abdul Majid Sarker (Md.) Vs. State and others, 55 DLR (AD) 1; Sree Mongal Chandra Nandi Vs. Bangladesh, represented by the Secretary, Ministry of Home Affairs, 5 BLT (AD) 1; Rehana Begum and a......liance to the Registrar of this Court. With the above directions and observations, the appeal is allowed. Naima Haider J. - I agree. This Case is also Reported in: 30 BLD (HCD) (2010) 584. ......liance to the Registrar of this Court. With the above directions and observations, the appeal is allowed. Naima Haider J. - I agree. This Case is also Reported in: 30 BLD (HCD) (2010) 584. ......r had assaulted her. 10. The matter was kept for hearing again in the light of an application filed by the respondents. In the application dated 13.12.2009, the Bangladesh National Woman Lawyer's Association (BNWLA) stated that Kanamika @ Kona Shah a passed her S.S.C. examination in the year, 20..

Category: Women and Children | Date: 14 Dec, 2009 | Hits: 150

Government of Bangladesh Vs. Syed Md. Belayet Hossain, 2009, 38 CLC (HCD)

....me Court Appellate Division (Civil) Present: Mohammad Fazlul Karim J Md. Tafazzul Islam J Md. Joynul Abedin J Surendra Kumar Sinha J The Government of the People's Republic of Bangladesh, represented by the Secretary, Ministry of Education and another...............................ng and accordingly the above judgment and order of the High Court Division does not call for any interference. The petition is dismissed. This Case is also Reported in: 15 MLR (AD) (2010) 512. ......ng and accordingly the above judgment and order of the High Court Division does not call for any interference. The petition is dismissed. This Case is also Reported in: 15 MLR (AD) (2010) 512. ......ng and accordingly the above judgment and order of the High Court Division does not call for any interference. The petition is dismissed. This Case is also Reported in: 15 MLR (AD) (2010) 512. ..

Category: Employment/Service Law | Date: 10 Dec, 2009 | Hits: 159

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

....urt Division (Special Original Jurisdiction) Present: Tariq ul Hakim J Md. Moinul Islam Chowdhury J Rezaul Kabir (Md.) and another..................Petitioners Vs. Bangladesh and others........................Respondents Judgment November 22, 2009. ......ave been passed without any law­ful authority and is of no legal effect. There will be no order as to costs. Ed. This Case is also Reported in: 67 DLR (HCD) (2015) 19   ......ave been passed without any law­ful authority and is of no legal effect. There will be no order as to costs. Ed. This Case is also Reported in: 67 DLR (HCD) (2015) 19   ......ave been passed without any law­ful authority and is of no legal effect. There will be no order as to costs. Ed. This Case is also Reported in: 67 DLR (HCD) (2015) 19   ..

Category: Administrative Law, Employment/Service Law | Date: 22 Nov, 2009 | Hits: 3

Human Right and Peace for Bangladesh (HRPB) and another Vs. The Mayor, Dhaka City Corporation and others, 2009, 38 CLC (HCD)

....n: ......onstruct a boundary wall which has been demolished by the contractor within such period. Stay granted earlier by this court is hereby vacated. Ed. This Case is also Reported in: ......onstruct a boundary wall which has been demolished by the contractor within such period. Stay granted earlier by this court is hereby vacated. Ed. This Case is also Reported in: ......onstruct a boundary wall which has been demolished by the contractor within such period. Stay granted earlier by this court is hereby vacated. Ed. This Case is also Reported in: ..

Category: Constitutional Law | Date: 17 Nov, 2009 | Hits: 6

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

......(21) Cases Referred to- Kanchana Kamalnathan Vs. Nagaraj, (1996) 84 Company Cases 959 Mad.; State Vs. Moyezuddin Sikder and others, 60 DLR (AD) 82; Mujibur Rahman (Md) Vs. Government of Bangladesh and others, 44 DLR (AD) 111; Zafar-ul-Ahsan Vs. The Republic of Pakistan, PLD 1960 (SC) 1......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 . ......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 . ......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)

.... Md. Ashfaqul Islam J Md. Moinul Islam Chowdhury J Zahirul Islam & others………………………Petitioners Vs. Government of Bangladesh others................Respondents Judgment October 28, 2009.  Result:......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       ......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)

....ing all the Rules absolute in Writ Petition Nos.2094, 2396, 3365, 361, 4240, 2472, 2239 and 3259 of 2007. 2. The facts leading 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, ......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. ......absolute in Writ Petition Nos.2094, 2396, 3365, 361, 4240, 2472, 2239 and 3259 of 2007. 2. The facts leading 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 vario......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

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

....; Parliamentary Affairs and others ..........Respondents Judgment September 3, 2009. Result: The Rule is disposed of with observation. Cases Referred to- Hussain Muhammad Ershad Vs. Bangladesh and others, 21 BLD (AD) 69; The State Vs. Tasiruddin, 13 DLR 203; Nari-o-Shishu Nirjatan ......odged an F.I.R., which was recorded as Osmani Nagar Police Station Case No.17 (3)09 dated 27.03.2009 under the Nari-o-Shishu Nirjatan Daman Ain, 2000. The victim was produced before the learned Chief Judicial Magistrate, Sylhet who, on 31.03.2009, ordered her to be taken to safe custody. 4. Findi...... 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. ...... Vs. Government of Bangladesh and others, 61 DLR 232. Lawyers Involved: Dr. Naim Ahmed, Advocate-For Aparajeyo-Bangladesh. Ms. Fahima Nasrin, Advocate-For Bangladesh National Women Lawyers Association. Md. Motaher Hossain, Deputy Attorney General with Md. Soyeb Khan, Assistant Attorney..

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

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

.... First Appeal No. 48 of 1999 by Samsul Hasan alias Md Hasan Samsuzzaman, defendant No. 5, auction purchaser, FA No. 203 of 1999 by Anowar and others plaintiffs and FA No. 330 of 1999 by Government of Bangladesh, represented by Secretary, Ministry of Jute Corporation directed against a single Judgmen......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 ......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

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

.... Bashi Saha and they became Indian Citizen and the plaintiffs father Shudhagshu and his father's elder brother Saytendra Kumar became owners in possession of the suit land left by Nagor Bashi Saha in Bangladesh and they were residing in ejmali with Gagon Chandra Saha. Gagon Chandra Saha had two daug...... 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. ...... 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. ...... 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. ..

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

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

....xtures and other household items. (ii) A licensed revolver and a single bore gun. (iii) About Taka 90,00,000 deposited with IFIC Bank Ltd, Gulshan Branch, Dhaka; Janata Bank, Kachua Branch, Bangladesh; Krishi Bank, Savar Branch, Bangladesh; Krishi Bank, Gulbahar Branch and Grameen Bank, Gu......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. ......ependents in favors of the State. 2. The case as made out by the appellant in the petition of appeal is that after having completed his Masters in Economies, entered the erstwhile Pakistan Civil Service in 1965. Thereafter, he did his PhD. He served with distinction as a teacher of Dhaka Univer......ash. 93: DW 6 Mir Md. Iqbal Hossain, he is a Managing Director of Monowara Hospital, General Sales Agent of Japan Airlines and Air Sahara. His father was a member of Bangladesh Supreme Court Bar Association. 94. DW 7 Dr. Borhan Uddin Khan Zahangir, he is a columnist writer, Professor of Dh..

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)

.... 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. ...... 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. ...... 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. ...... 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

Human Rights & Peace for Bangladesh & others Vs.Govt of Bangladesh & Others, 2009, 38 CLC (HCD) [হিউম্যান রাইট্স এ্যান্ড পিস ফর বাংলাদেশ গং বনাম বাংলাদেশ গং, ২০০৯, ৩৮ সিএলসি (হাইকোর্ট ডিভিশন)]

....and permanent structures/buildings in the rivers,namely, Buriganga, Turag, Balu and Shitalakkha, till disposal of the Rule. Let a copy of this Rule be served upon the learned Attorney General of Bangladesh for his information and necessary steps in this regard. Since the matter is of great......াকা মহানগরী বিরান হইয়া যাইবার সম্ভবনা রহিয়াছে। Ed. This Case is also Reported in: 17 BLT (HCD) (2009) 455 ......াকা মহানগরী বিরান হইয়া যাইবার সম্ভবনা রহিয়াছে। Ed. This Case is also Reported in: 17 BLT (HCD) (2009) 455 ......াকা মহানগরী বিরান হইয়া যাইবার সম্ভবনা রহিয়াছে। Ed. This Case is also Reported in: 17 BLT (HCD) (2009) 455 ..

Category: Environmental Law, Property Law | Date: 25 Jun, 2009 | Hits: 19

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. ...... 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. ...... 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. ...... 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:......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:..

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

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

.... ......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.   ......g obtained AMIE by prosecuting the studies with prior approval of the Board was appointed to the post of Assistant Engineer. The Writ-Petitioner joined the service on 25-8-1984 i.e. 2 years after the Service Rules came into force but during the said period when there was dearth of qualified Engineer......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)

.... ......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. ......g obtained AMIE by prosecuting the studies with prior approval of the Board was appointed to the post of Assistant Engineer. The Writ-Petitioner joined the service on 25-8-1984 i.e. 2 years after the Service Rules came into force but during the said period when there was dearth of qualified Engineer......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

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

....upreme Court High Court Division (Special Original Jurisdiction) Present: Tariq ul Hakim J Md. Azizul Haque J Emran Ahmed & 20 anothers…………….....Petitioners Vs. Bangladesh and others…………………Respondents Judgment June 2, 2009. Result: All......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. .......Petitioners Vs. Bangladesh and others…………………Respondents Judgment June 2, 2009. Result: All the Rules are made absolute. The Bangladesh Biman Corporation Employee (Service) Regulations, 1979; Regulation 52(1) Regulation 52 (1) gives the Biman authority ample d......ny or a enterprise being a public enterprise or a nationalized enterprise it is allowed by the Corporation to manage its affairs according to the rules of its Constitution, that is, its Memorandum of Association and Articles of Association or agreement or deed under which it was original­ly created..

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

Md. Babul Hossain Mollah and others Vs. Hasneara Begum and others, 2009, 38 CLC (HCD)

....fice is directed to send down the records of the case at once with a copy of judgment for information and necessary action. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 312. ......fice is directed to send down the records of the case at once with a copy of judgment for information and necessary action. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 312. ......fice is directed to send down the records of the case at once with a copy of judgment for information and necessary action. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 312. ......fice is directed to send down the records of the case at once with a copy of judgment for information and necessary action. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 312. ..

Category: Procedural Law | Date: 28 May, 2009 | Hits: 3