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Sree Pintoo Pal Vs. State, 2009, 38 CLC (HCD)
....t Division (Criminal) Present: Siddiqur Rahman Miah J Md. Ataur Rahman Khan J Sree Pintoo Pal……………………………………………Appellant Vs. The State………………………………………………Opposite Party Judgment June 22......orna Rani, is the victim of this case who deposed that on 19.06.2002 at 2.45 P.M. when she went to the garden for grazing duck, then accused Pintoo requested her to go to his house; that after sometime, she went to his house; that thereafter accused Pintoo raped her forcibly against her will; th......of Pintoo Pal and found his sister there; that latter on his sister victim alone returned back home and again she intentionally went to the house of accused Pintoo Pal and stayed his house till her recovery by the police from the said house on 25.06.2002. 23. P.W.4 SI Moklesur Rahman, depos......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. ..Category: Women and Children | Date: 22 Jun, 2009 | Hits: 9
Bangladesh Power Development Board & others Vs. Abu Bakar Siddique & anothers, 2009, 38 CLC (AD)
....red 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. ......ort could be had to the same to avail the benefit thereunder. While elaborating his point he submitted that respondent No.1, Abu Bakar Siddique, joined PDB as Sub-Assistant Engineer on 26-7-1984 at a time when his service condition was being governed by the Bangladesh Power Development Board Service......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. ......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)
....d 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. ......ort could be had to the same to avail the benefit thereunder. While elaborating his point he submitted that respondent No.1, Abu Bakar Siddique, joined PDB as Sub-Assistant Engineer on 26-7-1984 at a time when his service condition was being governed by the Bangladesh Power Development Board Service......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. ......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)
....………….....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 a......In the instant case the impugned orders of termination were passed prior to Bangladesh Biman Corporation was converted into a private limited company and the instant Rule relate to decisions at the time and, as such, the Rules are maintainable on that score as well. 41. Regulation 52(1) of the ......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. ......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. ..Category: Employment/Service Law | Date: 2 Jun, 2009 | Hits: 35
Sheikh Md. Nurul Haque Vs. State and another, 2009, 38 CLC (HCD)
.... Supreme Court High Court Division (Criminal) Present: Siddiqur Rahman Miah J Md. Ataur Rahman Khan J Sheikh Md. Nurul Haque…………………………Petitioner Vs. The State and another…………………………Opposite Parties Judgment May 26, 2009. Resu...... (Act No. V of 1898); section 561A Non disclosure of the date of receipt of notice under section 138 (1) (b) of the Negotiable Instruments Act is a question of fact which will be decided at the time of trial after taking evidence and thus non-disclosure of date of receipt of notice and conse......ds vacated. Send a copy of this order to the Metropolitan Magistrate, Khulna for compliance. Md. Ataur Rahman Khan J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 162. ......ds vacated. Send a copy of this order to the Metropolitan Magistrate, Khulna for compliance. Md. Ataur Rahman Khan J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 162. ..Category: Banking Law | Date: 26 May, 2009 | Hits: 663
Bangladesh National Women Lawyers Association (BNWLA) Vs. Bangladesh and Others, 2009, 38 CLC (HCD)
....BLD (HCD) (2009) 415, 14 BLC (HCD)(2009) 694. ......her found her allegations to be true (The Daily Star, December 24, 2006). Transcripts of the text messages sent to the student were obtained and records of how many calls were made to her and at what time were gathered from the phone company. The teacher, Assistant Professor Golam Mostafa, was event......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. ......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)
....jatan Daman Tribunal, Pabna, immediately at her present posting. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 738. ......rd 'keep' is very significant. Keep does not mean 'is going with' but it means 'to stay in a particular condition or position'. And stay means 'to continue to be in a particular place for a period of time without moving away'. To hold anyone as guilty of the offence under this Ain, 2000, for traffic......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. ......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
Sirajul Islam (Md) Vs. Tauhid Uddin Ahmed & another, 2009, 38 CLC (HCD)
....mp; another...................Opposite Parties Judgment May 4, 2009. Result: The Rule is discharged. Cases Referred to- Nizamuddin Mahmood Vs. Abdul Hamid Bhuiyan, 60 DLR (AD) 195; Satya Narayan Podder Vs. State, 53 DLR 403; Abdur Rahman Vs. Moklis Ali, 31 DLR (AD) 118; Ali Akkas V...... on the other hand, submits that notice was served through registered post with AD which was not denied by the accused petitioner; that the accused petitioner did not repay the money within specified time or before filing of the case; that the alleged cheque is not a security cheque of business tran......ay granted earlier stands vacated. Send a copy of this order to Metropolitan Assistant Sessions Judge, Court, Dhaka for compliance. Ed. This Case is also Reported in: 15 BLC (HCD) (2010) 39. ......ay granted earlier stands vacated. Send a copy of this order to Metropolitan Assistant Sessions Judge, Court, Dhaka for compliance. Ed. This Case is also Reported in: 15 BLC (HCD) (2010) 39. ..Category: Banking Law | Date: 4 May, 2009 | Hits: 280
Zahed Hossain (Md.) Vs. State and another, 2009, 38 CLC (HCD)
....ivision (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. ......e decision in the case of Nazimuddin Mahmood Vs. Abdul Hamid Bhuiyan reported in 60 DLR (AD) 195 wherein their Lordships held "since the date of receipt is a question of fact to be ascertained at the time of trial, non-disclosure of such fact in the complaint petition cannot render the proceeding li......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. ......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)
....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. ......nt stating that in view of insertion of Sub-section (b) in section 21A of the Specific Relief Act the plaintiff was required to deposit the balance amount of consideration money in the Court at the time of filing of the suit but since the plaintiff did not deposit the same the plaint was liable to......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. ......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
Dr. M. A. Yahia Vs. Md. Abdul Quader and others, 2009, 38 CLC (AD)
....n the leave petition and the same is dismissed accordingly. Ed. Case is also Reported in: 14 MLR (AD) (2009) 235; 29 BLD (AD) (2009) 59; 14 BLC (AD) (2009) 109. ......its Chairman appeared and filed an affidavit-in-opposition. In his affidavit-in-opposition, it is mainly stated that the petitioners failed to make any construction in the demised property within the time as mentioned in the registered lease deed. They got allotment letter dated 14.03.1979 and lease......therefore, no substance, in the leave petition and the same is dismissed accordingly. Ed. Case is also Reported in: 14 MLR (AD) (2009) 235; 29 BLD (AD) (2009) 59; 14 BLC (AD) (2009) 109. ......therefore, no substance, in the leave petition and the same is dismissed accordingly. Ed. Case is also Reported in: 14 MLR (AD) (2009) 235; 29 BLD (AD) (2009) 59; 14 BLC (AD) (2009) 109. ..Category: Property Law | Date: 15 Apr, 2009 | Hits: 36
Md. Abdur Rashid & others Vs. Most. Amena Khatun and others, 2009, 38 CLC (HCD)
....sain Ahmed J Md. Abdur Rashid & others……………………………………Petitioners Vs. Most. Amena Khatun and others…………………………Respo...... 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. ......uired under Order VII Rule 3 of the Code of Civil Procedure but that has not been done in the instant case and in view of that without a suit for declaration of title and for joint possession or recovery of khas possession or partition Section 42 of the Specific Relief Act is not available to a...... 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. ..Category: Property Law | Date: 13 Apr, 2009 | Hits: 2
....t 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.
......on. The respondent No.3 was elected the Chairman of Nawabganj Paurashava as a candidate of the four party alliance and he took over the charge of the office on 07.10.2004. The ex-chairman at the time of handing over the charge of the Paurashava handed over the list of the employees/officers of ......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.
......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
Abdus Sahid @ Shahid & others Vs. Anowara Begum & others, 2009, 38 CLC (HCD)
....: Md. Faroque Ahmed with Anjuman-Ara Begum- For the Petitioners. M.A. Jabbar- For Opposite 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 pa......ondents an opportunity to rehear the appeal and as such the impugned judgment and order allowing rehearing of the appeal is not sustainable in law. Moreso, the said Miscellaneous application was time barred and not in form and as such the same is also not sustainable in law. 7. Mr. M.......eipt of this order. Send down the Lower Court Records at once. Ed. This Case is also Reported in: 29 BLD (HCD) (2009) 394. ......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)
....llegally removed from the custody of his mother while he was in the U.K. The law of U.K. does not permit such removal of a child from the custody of his mother without her consent. Before adjudication of the Family Suit the detenu must be restored to his earlier custody………&......e 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 detenu.......the detenu child to Bangladesh. The petitioner thereupon filed a petition before the High Court of Justice, Family Division, Principal Registry, in London (England) in respect of the detenu child and recovery of his custody against respondent No.1 and Mr. Mamun Chowdhury. The petitioner's Barris...... 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)
.... of Police Narayanganj for their information and necessary action. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 493. ......d been living at Kuwait. Before 6 months of the occurrence she sent her victim daughter to Bangladesh to her maternal grandmother's house to prosecute her studies by staying with her. At the relevant time the victim was 14 years of age, reading in Class VIII at Adarsha Girls School and College at Pa......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
Fahima Nasrin Vs. Government of Bangladesh and others, 2009, 38 CLC (HCD)
....tioner 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. State 7 BLC 409; Hussain Mohammad Ershad......Case No.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 t......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)
....discharged. Cases Referred to- Md. Nur Islam Vs. Agrani Bank, 1 MLR (AD) 373; Anisur Rahman Vs. Bangladesh, 12 BLC 22; AHN Kabir Vs. Bangladesh, 13 BLC 686; Akhter Hossain Vs. Hasmat Ali, 60 DLR 368; Md. Mofiz Mia Vs. Artho Rin Adalat and others, 16 BLT 476; 2 BLC (AD) 87; 26 BLD......months and to pay a fine of Tk.33,74,337/-. He finally adds that by now it has been well settled specially in Artho Rin Adalat Ain that the provision for depositing 50% of the decreetal amount at the time of preferring appeal is well maintained and it cannot be said that the defaulters have lost the......Adalat Ain, 2003 came into force. In the case of Md. Mofiz Mia Vs. Artho Rin Adalat and others reported in 16 BLT 476 and so many other cases, it has been consistently held that all cases relating to recovery of loan including execution cases pending in those Adalats established under Artho Rin Adal......surrender their respective bail bond within 2 (two) months from date. Communicate this judgment at once. Ed. This Case is also Reported in: 29 BLD (HCD) (2009) 264. ..Category: Corporate Law | Date: 9 Feb, 2009 | Hits: 5
AJM Helal Vs. Bangladesh and others, 2009, 38 CLC (HCD)
....uary 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 continuation of the suit/case and there is no dispute that in the society a class of borrowers or drawers i......g the said view in mind the legislature in applying their wisdom made amendment in section 138 of the Negotiable Instruments Act providing to deposit not less than 50% of the dishonored cheque at the time of filing an appeal in the Court which awarded the sentence………………………………...... Artha Rin Adalat Ain, 2003 came into force. In the case of Md. Mofiz Mia Vs. Artha Rin Adalat reported in 16 BLT 476 and so many other cases, it has been consistently held that all cases relating to recovery of loan including execution cases pending in those Adalats established under Artha Rin Adal......rs are directed to surrender their respective bail bond within 2(two) months from date. Communicate this judgment at once. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 479. ..Category: Civil Law | Date: 9 Feb, 2009 | Hits: 45
Sontosh Kumar Shaha Vs. Government of Bangladesh and others, 2009, 38 CLC (HCD)
....adesh 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 LG 1; Secretary, Ministry of Finance Vs. Md. Masda......not be declared to have been made without lawful authority and to be of no legal effect and/or to pass such other or further order or orders as to this Court may seem fit and proper. At the time of issuance of the rule the petitioner obtained an order of stay of the operation of the i......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
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