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Shamsul Hossain Vs. Anwar Hossain and others, 2009, 38 CLC (HCD)
....of defendant No.5, is that the suit land was acquired property from Rally Brothers' and Government after taking control and management of the suit property and pursuant to the agreement dated 23-2-1977, obtained decree from Court and thereafter, in Ordinance No. 30 of 1985 the suit lan......plaintiffs acquired title by adverse possession. On 17-9-1996 defendant No. 6 invite tender in Daily Janakantha for selling 'ka' schedule land to the highest bidder. This tendered as not noticed by the plaintiffs. Defendant No. 5 and others participated in the tender and defendant ......e in possession, his name was finally published in CS khatian. Thereafter, he transferred the suit land to M/s Rally Brothers, a famous Jute Company under which hundreds of day labourers were working for carrying jute from the jute dealers’ (bepary) boat to the mill. Day labourers used to get ..Category: Property Law | Date: 20 Aug, 2009 | Hits: 3
Sheikh Mashuk Rahman Vs. State and another, 2009, 38 CLC (HCD)
....of the accused and as per his demand, the complainant company delivered to the accused computer accessories for an amount of Taka 30,04,225; that as per the terms and conditions of the said agreement dated 12-5-05 if the accused’s cheques were dishonoured, the accused is to pay an interest @ 12% o...... 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 registered post but he did not pay the money. Hence this case ......opposite party to show cause as to why the proceedings of Metro Sessions Case No.2155 of 2006 arising out of CR No.2612 of 2005 under section 138 of the Negotiable Instruments Act, 1881 now pending before the court of Metro. Assistant Sessions Judge, 5th Court, Dhaka should not be quashed. 2. T..Category: Banking Law | Date: 16 Aug, 2009 | Hits: 190
Sree Ashish Kumar Shaha Roy Vs. Al-Haj Md. Wasidul Islam and others, 2009, 38 CLC (AD)
....er None represented- the Respondents. Civil Petition for Leave to Appeal No.1601 of 2008. Judgment BK Das J.- This petition for leave to appeal has been filed against the judgment and order dated 28.4.2008 passed by the a Division Bench of the High Court Division in Civil Order No. 1775 of......his application for leave to appeal before this Division. 9. The learned counsel appearing for the plaintiffs petitioners submits that the High Court Division committed an error of law in failing to notice that the deed of gift dated 26.3.1963 was not a valid document and thus Minoti Bala Saha did ......parties Judgment July 23, 2009. Result: This petition is dismissed. Lawyers Involved: Gias Uddin Ahmed, Advocate-on-Record-For the Petitioner None represented- the Respondents. Civil Petition for Leave to Appeal No.1601 of 2008. Judgment BK Das J.- This petition for leave to appeal h..Category: Property Law | Date: 23 Jul, 2009 | Hits: 6
Dr. Mohiuddin Khan Alamgir Vs. ACC and another, 2009, 38 CLC (HCD)
....ith Md. Khurshid Alam Khan Advocates - For Respondent No.2 ACC. Criminal Appeal No.4393 of 2007. Judgment SM Dastagir Hussain J.- This appeal is directed against the judgment and order dated 26-7-2007 passed by the special Court No.3, Dhaka in special Case No.1 of 2007 arising out of ...... 11-1-2007, the appellant was arrested by the joint forces on 3-2-2007 under Rule 16 of the Emergency Power Rules, 2007. While the appellant was in custody of the jail authority the Government served notice of detention upon him in the Jail custody. Subsequently, his detention order was declared ill......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. ..Category: Anti-Corruption Laws | Date: 13 Jul, 2009 | Hits: 286
....
Civil Revision No.1730 of 1998.
Judgment
Syed Md. Ziaul Karim J.—This Rule at the instance of defendant petitioner calls in question the legality and propriety of judgment and decree dated 18-03-1998 passed by learned Senior Assistant Judge, third Court, Dhaka, decreeing S.C.C. Suit......r Bengali Calendar. Defendant paid rent irregularly upto Ashar, 1402 B.S. thereafter he became a defaulter. Moreover he has bona fide requirement of suit premises. Accordingly on 01-11-1995 he served notice under section 106 of the Transfer of Property Act upon defendant asking him to vacate th......ni Gopal Sen predecessor of opposite party nos. 1-7 as plaintiffs instituted S.C.C. Suit No.05 of 1996 in the third Court of Senior Assistant Judge, Dhaka, impleading the petitioner as defendant for ejectment from the shop room measuring an area 12' x 4' x 6" situated in holding No..
Category: Tenancy Law | Date: 5 Jul, 2009 | Hits: 154
....াকা মহানগরী বিরান হইয়া যাইবার সম্ভবনা রহিয়াছে।
Ed.
This Case is also Reported in: 17 BLT (HCD) (2009) 455
......
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 public interest let the notices be served through special messenger at the cost of the office of Registrar. Requisites be pu......জ্ঞ এ্যাডভোকেট মহোদয় মারফৎ প্রতিবাদীগণের বরাবরে ১৯-০৫-২০০৯ তারিখে একটি Demand for Justice Notice (এ্যানেকচার-ডি) জারী করতঃ ইহার ..
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)
.... 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 respectively passed by the learned Additional District Judge, 6th Cou...... his favour after receiving the balance amount of Tk. 50,000/= but the petitioner did not pay any heed to the said request on various pretexts. That on 12.10.2000 the opposite party No.1 sent a legal notice to the petitioner requesting her to execute a sale deed in his favour. That the petitioner re...... Judge, 3rd Court, Dhaka, in Title Suit No.177 of 2000 dismissing the suit should not be set aside. 2. On 27.11.2000 the opposite party No.1 as plaintiff instituted a Title Suit No.177 of 2000 before the Court of the then Subordinate Judge, 3rd Court, Dhaka against the petitioner and the profor..Category: Evidence Law | Date: 25 Jun, 2009 | Hits: 42
Agrani Bank Vs. Md. Abdul Khaleque & another, 2009, 38 CLC (HCD)
....e appears-For the respondents. First Appeal No. 9 of 1997. Judgment Mashuque Hosain Ahmed J.- This appeal preferred by the plaintiff-appellant against the impugned judgment and decree dated 10.10.1995 passed by the Sub-Judge and Artha Rin Adalat, 2nd Court, Netrokona in Artha Rin Sui......became entitled to get Tk.14,4,930/- from the loanee defendants. On 29.10.91 while the plaintiff Bank was taking preparation for filing a suit against the loanee defendants after service of the legal notice on 22.12.91 the defendants filed an application praying for remission of the interest and ass....... R.O. Mymen/442 with a condition to repay the loan in 10 equal installment. Being aggrieved on the stipulated condition the defendants loanee after fulfilling all the conditions & observing the formalities has drawn the loan of Tk.25,000/- from the plaintiff Bank. The defendant No.1 failed to ..Category: Banking Law | Date: 23 Jun, 2009 | Hits: 153
Sree Pintoo Pal Vs. State, 2009, 38 CLC (HCD)
....man Miah J.- This Criminal Appeal at the instance of Pintoo Pal under section 28 of the Nari-O-Shishu Nirjatan Daman Ain, 2000 is directed against the Judgment and order of conviction and sentence dated 28.07.2004 passed by the learned Judge, Nari-O-Shishu Nirjatan Daman Tribunal, Naogaon in Tri......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. ......al trial, the burden of proving guilt of the accused beyond all reasonable doubt always rests on the prosecution and on its failure, it can not fall back upon the accused. In a Criminal case, it is for the prosecution to bring the guilt home to the accused…………………………..(28) ..Category: Women and Children | Date: 22 Jun, 2009 | Hits: 9
Bangladesh Power Development Board & others Vs. Abu Bakar Siddique & anothers, 2009, 38 CLC (AD)
....enior 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.2977, 2975,......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. ......7, 2988, 2990, 2991, 2983, 2982, 2972, 2973 and 2989 of 2001 making the Rule absolute. 2. The facts involved in the cases, in short, are that the respondents in the writ petitions made a prayers for direction upon the appellants to allow the benefit of one step out of turn promotion in accordan..Category: Employment/Service Law | Date: 3 Jun, 2009 | Hits: 256
Bangladesh Power Development Board & others Vs. Abu Bakar Siddique & anothers, 2009, 38 CLC (HCD)
....enior 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.2977, 2975,......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. ......7, 2988, 2990, 2991, 2983, 2982, 2972, 2973 and 2989 of 2001 making the Rule absolute. 2. The facts involved in the cases, in short, are that the respondents in the writ petitions made a prayers for direction upon the appellants to allow the benefit of one step out of turn promotion in accordan..Category: Employment/Service Law | Date: 3 Jun, 2009 | Hits: 3
Emran Ahmed & 20 anothers Vs. Bangladesh and others, 2009, 38 CLC (HCD)
....ere heard together and are being disposed of by this single Judgment. In all the matters Rules Nisi were issued calling upon the respondents to show cause as to why the impugned orders of termination dated 8-4-2007, 14-12-2006, 4-2-2007, 27-3-2007, 24-10-2007, 20-1-2007, 30-10-2007, 14-11-2007, 15-4......on 52(1) Regulation 52 (1) gives the Biman authority ample discretion in terminating the services of an employee as it desires without assigning any reason by giving him a mere three prior months notice or the salary for the said period. However, such power shall only be used sparingly and with ......on 52 (1) gives the Biman authority ample discretion in terminating the services of an employee as it desires without assigning any reason by giving him a mere three prior months notice or the salary for the said period. However, such power shall only be used sparingly and with fairness. Every emplo..Category: Employment/Service Law | Date: 2 Jun, 2009 | Hits: 35
Sheikh Md. Nurul Haque Vs. State and another, 2009, 38 CLC (HCD)
....……………Opposite Parties Judgment May 26, 2009. Result: The Rule is discharged. The Negotiable Instruments Act, 1881 (Act No. XXVI of 1881) For non mentioning of receiving date of the legal notice in the petition of complaint, the case will not be rendered illegal when al......posite Parties Judgment May 26, 2009. Result: The Rule is discharged. The Negotiable Instruments Act, 1881 (Act No. XXVI of 1881) For non mentioning of receiving date of the legal notice in the petition of complaint, the case will not be rendered illegal when all other ingredie......s in Case No.451 of 2005 under section 138 of the Negotiable Instruments Act, 1881 now pending in the Court of the learned Metropolitan Magistrate, Khulna should not be quashed. 2. Necessary facts for the purpose of disposal of the Rule, in short, is that, on 26-05-2005 the Complainant opposite..Category: Banking Law | Date: 26 May, 2009 | Hits: 663
Bangladesh National Women Lawyers Association (BNWLA) Vs. Bangladesh and Others, 2009, 38 CLC (HCD)
....ent on campus finally exploded as a public issue at Jahangirnagar University (J.U). Since then, a section of progressive teachers have been 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......ails to her husband. The harassment continued for a long time. She was harassed to a point that her professional life got affected [..]. 11. There are as many as nineteen (19) respondents on whom notices were served by a special messenger of the Court. 12. Respondent No. 3, Ministry of Wo...... SC 3011; Hira Nath Misra Vs. Principal Rajendra Medical College, AIR 1973 SC 1260. Lawyers Involved: Mrs. Fawzia Karim Firoze with Mrs. Seema Zahur, Ms. Rebeka Sultana and Ms. Sathi Shahjahan-for the petitioner. Razik Al-Jail, Deputy Attorney General-for respondent No. 3. Dr. Rafiqur ..Category: Women and Children | Date: 14 May, 2009 | Hits: 330
Sirajul Islam (Md) Vs. Tauhid Uddin Ahmed & another, 2009, 38 CLC (HCD)
....ed the case record to the Metropolitan Assistant Sessions Judge, 5th Court, Dhaka for trial who perused the record and framed charge against the accused petitioner. 4. Being aggrieved by the order dated 29-6-2006 the accused petitioner preferred this application under section 561A of the Code of ......It is further stated that thereafter the complainant sent a Legal Notice to the accused petitioner on 12-2-2006 requesting him to pay the due money within 15 (fifteen) days after receipt of the legal notice but the accused petitioner did not pay the money. Hence the case. 3. The learned Chief Met...... under section 138 of the Negotiable Instruments Act, 1881 now pending in the court of the learned Metropolitan Assistant Sessions Judge, 5th Court, Dhaka should not be quashed. 2. Necessary facts for the purpose of disposal of the Rule, is that, the complainant Tauhid Uddin Ahmed, failed a CR Ca..Category: Banking Law | Date: 4 May, 2009 | Hits: 280
Zahed Hossain (Md.) Vs. State and another, 2009, 38 CLC (HCD)
....J Chittagong Enterprise business establish meant, the accused-petitioner used to purchase sugar on cash as well as on credit and the accused petitioner purchased 480 metric tons of sugar on different dates by different DO (delivery order) on credit from the complainant, the accused-petitioner issued......f the accused-petitioner the opposite party No. 2 deposited the cheques in the banks 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 a...... section 138 of the Negotiable Instruments Act, 1881, which is now pending in the Court of Additional Metropolitan Sessions Judge, 1st Court, Chittagong should not be quashed. 2. Necessary facts for the purpose of disposal of this Rule, that opposite party No. 2 Md. Rafiqul Alain as complainant..Category: Procedural Law | Date: 29 Apr, 2009 | Hits: 135
Dr. M. A. Yahia Vs. Md. Abdul Quader and others, 2009, 38 CLC (AD)
....tructed by Md. Nawab Ali, Advocate-on-Record-Respondent Nos. 1-2. Not represented-Respondent Nos. 3, 5-7. Civil Petition for Leave Appeal No. 1460 of 2008. (From the judgment and order dated 13.07.2008 passed by the High Court Division in Writ Petition No.5022 of 2005). Judgment ......, the petitioner received the impugned letter and also news clipping of two national dailies, namely, 'Daily Manabzamin' dated 31.08.2001 and 'Daily Matribhomi', which carried a legal notice issued under the signature of respondent No.4, Deputy Director canceling the lease in respect......n-Record-For Respondent No. 4. A. Y. Moshiuzzaman, Advocate, instructed by Md. Nawab Ali, Advocate-on-Record-Respondent Nos. 1-2. Not represented-Respondent Nos. 3, 5-7. Civil Petition for Leave Appeal No. 1460 of 2008. (From the judgment and order dated 13.07.2008 passed by the ..Category: Property Law | Date: 15 Apr, 2009 | Hits: 36
Abdus Sahid @ Shahid & others Vs. Anowara Begum & others, 2009, 38 CLC (HCD)
....t 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 Case No.9 of 2004 (under Order 41 Rule 21 of the Code of Civ......suit against which the plaintiffs preferred an appeal being No.218 of 2002 before the learned District Judge, Sylhet. The plaintiff-appellants in that appeal prayed for dispensing with the service of notices upon the respondent Nos.4-62, as they did not contest the suit, whereupon the learned Distri...... why the judgment and order dated 16.2.2005 passed in Miscellaneous Case No.9 of 2004 (under Order 41 Rule 21 of the Code of Civil Procedure) by the learned District Judge, Sylhet upon an application for rehearing of Title Appeal No.218 of 2002 should not be set aside and/or pass such other or furth..Category: Property Law | Date: 9 Apr, 2009 | Hits: 2
Zahida Ahmed (Liza) Vs. Syed Noor Uddin Ahmed and another, 2009, 38 CLC (HCD)
....rtial disputes or financial matters of the Muslims living there. But the British Prime Minister Gordon Brown believed that British law should be based on British values. (Internet edition of BBC news dated 7.2.2008). Father is not even the natural guardian in U.K where Children Act, 1989 in section ......517 in which this Division held as under: "Thus, the Islamic law of hidnat is that the mother has absolute right against the father over the minor child till she remarries. It is to be noticed that the hadith quoted above does not specifically state that the right of hidnat will cease......he High Court Division cannot decide the welfare of the child . . . The Family Court while deciding so must take into account the physical condition of the child as well as the law involved for deciding the question of custody. The age of the detenu can not be the sole basis for deciding t..Category: Family Law, Women and Children | Date: 16 Mar, 2009 | Hits: 182
Aysha Begum Vs. State, 2009, 38 CLC (HCD)
....th Criminal Appeal No. 6945 of 2008 and Criminal Miscellaneous Case No. 13454 of 2008. 2. Criminal Appeal No. 6945 of 2008 has been preferred by one Aysha Begum challenging the legality of order dated 5-10-2008 passed in Nari-o-Shishu Case No. 545 of 2008 by the learned Nari-o-Shishu Nirjatan D......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. ......No. 6945 of 2008 is allowed. Ad interim bail in Nari-o-Shishu case In a Nari-o-Shishu case, the victim is not an accused and thus the question of her release or custody was not a matter for determination under section 498 of the Code. Not being an accused charged with commission of any..Category: Women and Children | Date: 12 Mar, 2009 | Hits: 23
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