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Shamsul Hossain Vs. Anwar Hossain and others, 2009, 38 CLC (HCD)
....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 ......ind learned Judge perfectly and rightly dismissed the suit. 18. On the question whether the learned Judge could direct the Government to sell the property to the plaintiffs. We are of the review that law does not permit to the learned Judge to direct so. Plaintiffs no where claim in the pl..Category: Property Law | Date: 20 Aug, 2009 | Hits: 3
Sheikh Mashuk Rahman Vs. State and another, 2009, 38 CLC (HCD)
....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. ...... NI Act, as imposed for dishonour of cheque, is a strict liability. 11. Upon perusal of the provision of section138 of the NI Act, 1881 (as amended on February 9, 2006), we are of the considered view that the liability created under section 138 of the NI Act, 1881 is a strict liability, that on..Category: Banking Law | Date: 16 Aug, 2009 | Hits: 190
Shafiullah Chowdhury and others Vs. State, 2009, 38 CLC (HCD)
....he Penal Code will be an abuse of process of court. 16. In view of the discussions made above we are of the view that the leaned Metropolitan Magistrate by the impugned order dated 29.11.2006 erroneously framed charge under section 420/406 of the Penal Code against the accused petitioner No...... not see any reason for framing charge against them. Thus continuation of the instant case against them under section 420/406/34 of the Penal Code will be an abuse of process of court. 16. In view of the discussions made above we are of the view that the leaned Metropolitan Magistrate by th..Category: Procedural Law | Date: 12 Aug, 2009 | Hits: 8
Dr. Mohiuddin Khan Alamgir Vs. ACC and another, 2009, 38 CLC (HCD)
....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. ......he officers of the Ministry of Works are impartial and expert opinion and there is no reason to disbelieve the evidences given by them. Mr. Karim submitted that such finding is fundamentally wrong in view of section 45 of the Evidence Act. Expert opinion on any relevant point must be supported by di..Category: Anti-Corruption Laws | Date: 13 Jul, 2009 | Hits: 286
.... 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.
...... notwithstanding the provisions of the Transfer of the Property Act or the Contract Act. The general law governing relationship of landlord and tenant relating to premises are to be kept in view, while interpreting the sections of Act 1991. Under the Transfer of Property Act which is the g..
Category: Tenancy Law | Date: 5 Jul, 2009 | Hits: 154
Most. Abu Tara Vs. Md. Abdur Rahim Khan and others, 2009, 38 CLC (HCD)
....ained the present rule. 8. The learned Counsel Dr. Rafiqur Rahman with Mr. Md. Iqbal Hossain, appearing on behalf of the petitioner submits that the lower appellate Court is absolutely wrong and erroneous in reversing the Judgment and decree passed by the learned Joint District Judge, 3rd Court......was ever agitated before the trial Court or Court of appeal below and even in the pleadings the defendant-petitioners refrained from raising the plea now raised before the Appellate Division. In such view points cannot be entertained at this last stage at the end of the day. Moreover, there is no ma..Category: Evidence Law | Date: 25 Jun, 2009 | Hits: 42
Sree Pintoo Pal Vs. State, 2009, 38 CLC (HCD)
....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. ......ĻāĻŽ āĻāĻ°ā§āĻ¨, āĻ¤āĻžāĻšāĻž āĻšāĻāĻ˛ā§ āĻ¤āĻŋāĻ¨āĻŋ āĻāĻā§āĻ¤ āĻ¨āĻžāĻ°ā§āĻā§ āĻ§āĻ°ā§āĻˇāĻŖ āĻāĻ°āĻŋā§āĻžāĻā§āĻ¨ āĻŦāĻ˛āĻŋā§āĻž āĻāĻŖā§āĻ¯ āĻšāĻāĻŦā§āĻ¨ā§ˇ 27. In view of the provision of law and evidence adduced, the points for determination are: (i) Ho..Category: Women and Children | Date: 22 Jun, 2009 | Hits: 9
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. ......llants submitted that in all the appeals, has mainly confined his subÂmission to one point only that the High Court Division failed to take into consideration a very important legal question i.e. in view of the repeal the circulation dated 11-8-1966 of EP WAPDA, whether resort could be had to the s..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. ......llants submitted that in all the appeals, has mainly confined his subÂmission to one point only that the High Court Division failed to take into consideration a very important legal question i.e. in view of the repeal the circulation dated 11-8-1966 of EP WAPDA, whether resort could be had to the s..Category: Employment/Service Law | Date: 3 Jun, 2009 | Hits: 3
Emran Ahmed & 20 anothers Vs. Bangladesh and others, 2009, 38 CLC (HCD)
....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. ......ackÂground of which BJMC may resort to the proviÂsion of Rule 55(2) of the Probidhan Mala is being absent and that as Writ Petitioners, servÂice was terminated in a different context we are of the view that the High Court Division has committed no error in declaring the action of the petitioner h..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. ......s. Therefore, the legal pleas taken by him prevails and appears to have a good deal of force. 13. Having considered the facts and circumstances of the case and foregoing narrative I am of the view that the impugned judgment and order suffers from legal infirmities which calls for interferen..Category: Procedural Law | Date: 28 May, 2009 | Hits: 3
Sheikh Md. Nurul Haque Vs. State and anothÂer, 2009, 38 CLC (HCD)
....ds vacated. Send a copy of this order to the Metropolitan Magistrate, Khulna for compliÂance. Md. Ataur Rahman Khan J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 162. ......he legal notice in the petition of complaint, the case will render illegal when all other ingrediÂents in filling the case is very much available in the materials on record. We find support of above view in the case of Nizamuddin Mahmood Vs. Abdul Hamid Bhuiyan and another reported in 60 DLR (AD) 1..Category: Banking Law | Date: 26 May, 2009 | Hits: 663
Ehtesamur Rahman Vs. The State & Others, 2009, 38 CLC (HCD)
....formation and necessary action. Ed. This Case is also Reported in: 29 BLD (HCD) (2009) 399. ......d. The object of this rule is that the Court of the higher grade cannot be over-crowded with cases on the plea that the higher court has also concurrent jurisdiction to try the same case. 13. In view of the discussions made above and legal position, I am of the opinion that the petitioner obtai..Category: Procedural Law | Date: 19 May, 2009 | Hits: 1
Bangladesh National Women Lawyers Association (BNWLA) Vs. Bangladesh and Others, 2009, 38 CLC (HCD)
....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. ......he responsibility of this Court under article 102 of the Constitution for the enforcement of the fundamental rights enumerated in chapter III of the Constitution in the absence of legislation must be viewed along with the role of judiciary envisaged in the âBeijing Statement of Principles of the I..Category: Women and Children | Date: 14 May, 2009 | Hits: 330
State Vs. Anjali Debi alias Monju Debi, 2009, 38 CLC (HCD)
....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. ......moved from the care and custody of his guardian. To find a person guilty under this section, the prosecution must prove that the perpetrator illegally traffics any child or sells any child and with a view to trafficking any child keeps any child under his custody for the said purpose and the child i..Category: Women and Children | Date: 5 May, 2009 | Hits: 75
Sirajul Islam (Md) Vs. Tauhid Uddin Ahmed & another, 2009, 38 CLC (HCD)
....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. ......legal notice in the petition of complaint, the case will be rendered illegal when all other ingredients in filing the case are very much available in the materials on record. We find support of above view in the case of Nizamuddin Mahmood Vs. Abdul Hamid Bhuiyan, reported in 60 DLR (AD) 195. 16. ..Category: Banking Law | Date: 4 May, 2009 | Hits: 280
Zahed Hossain (Md.) Vs. State and another, 2009, 38 CLC (HCD)
....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. ......ase by the Chief Metropolitan Magistrate, Chittagong against the accused-petitioner under section 138 of the Negotiable Instruments Act is illegal and without jurisdiction. He further submits that in view of the above, the case was registered as Sessions Case No. 1110 of 2006 by the Metropolitan Ses..Category: Procedural Law | Date: 29 Apr, 2009 | Hits: 135
Md. Alauddin Bepari Vs. Somola Khatoon & others, 2009, 38 CLC (HCD)
....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. ......e is ready to repay the balance amount of consideration money when the Court will direct him to do so. 3. Thereafter, the defendant filed an application for rejection of the plaint stating that in view of insertion of SubÂ-section (b) in section 21A of the Specific Relief Act the plaintiff was r..Category: Civil Law | Date: 21 Apr, 2009 | Hits: 91
Dr. M. A. Yahia Vs. Md. Abdul Quader and others, 2009, 38 CLC (AD)
....he petitioners. Hence this leave petition by him. 6. Mr. Moudud Ahmed, the learned Counsel, appearing for the petitioner, submits that the High Court Division passed the aforesaid judgment quite erroneously, causing serious miscarriage of justice to the effect that, impugned order of cancellati...... suffered a huge loss while construction of the building on the leasehold property due to violation of the terms and conditions of the agreement by the writ petitioners. But the Court took an adverse view on the added respondent No.9. He submits that the High Court Division failed to appreciate that..Category: Property Law | Date: 15 Apr, 2009 | Hits: 36
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. ......declaration of their title to the suit land specifying their own shares therein as required 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 kh..Category: Property Law | Date: 13 Apr, 2009 | Hits: 2
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