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Sirajul Islam (Md) Vs. Tauhid Uddin Ahmed & another, 2009, 38 CLC (HCD)
....is liable to be quashed. 15. Since the notice was issued through registered post with AD which was tendered by the accused petitioner, so it can be legally presumed that the notice has been served properly as per article 17 of General Clauses Act. The accused petitioner nowhere in his entire peti...... Act against the accused petitioner Md. Sirajul Islam alleging, inter alia, that the complainant, Tauhid Uddin Ahmed, owes the accused petitioner Taka 3,00,000 (three lac) in connection with business and for the purpose of payment of the said dues, the accused petitioner gave a cheque on 4-10-2005 f......fund. 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 Chi..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. ......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...... to which the accused-petitioner pleaded not guilty and demanded trial. 4. Mr. AKM Foez, the learned Advocate for the accused-petitioner, submits that the complainant opposite party No. 2 sent a legal demand notice under section 138(1)(b) of the Negotiable Instruments Act demanding dishonored c..Category: Procedural Law | Date: 29 Apr, 2009 | Hits: 135
Md. Alauddin Bepari Vs. Somola Khatoon & others, 2009, 38 CLC (HCD)
....f 2006 rejecting the application under Order 7, Rule 11 of the Code of Civil Procedure should not be set aside and/or such other or further order or orders be passed as to this Court may seem fit and proper. 2. Facts necessary for disposal of this Rule, briefly, be put thus:- The opposite part......….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......cific Relief Act and found that the plaintiff, in view thereof, has not deposited the balance consideration money of the contract in the Court at the time of filing of the suit most arbitrarily and illegally extended time in favour of the plaintiff for depositing the balance consideration money of t..Category: Civil Law | Date: 21 Apr, 2009 | Hits: 91
Dr. M. A. Yahia Vs. Md. Abdul Quader and others, 2009, 38 CLC (AD)
....rity represented by 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 ......ion (Civil) Present: MM Ruhul Amin CJ Md. Abdul Matin J Md. Abdul Aziz J Dr. M. A. Yahia.......................................Petitioner Vs. Md. Abdul Quader and others....................Respondents Judgment April 15, 2009. Result: The ......9.2004, 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 r..Category: Property Law | Date: 15 Apr, 2009 | Hits: 36
Md. Abdur Rashid & others Vs. Most. Amena Khatun and others, 2009, 38 CLC (HCD)
....01) passed by the learned Assistant Judge, Mirpur in T.S. No.14 of 1998 dismissing the suit should not be set aside and/or pass such other or further order or orders as to this Court may seem fit and proper. 2. Facts necessary for disposal of this re-visional application, briefly, be put thus:-......Ahmed J Md. Abdur Rashid & others……………………………………Petitioners Vs. Most. Amena Khatun and others…………………………Respondent......nd documentary, adduced by the plaintiffs had rightly decreed the suit against the defendant and the appellate Court below without appreciating the evidence adduced by the plaintiffs most illegally allowed the appeal dismissing the suit and thereby committed an error of law resulting in an..Category: Property Law | Date: 13 Apr, 2009 | Hits: 2
.... order.
2. The facts, in short, are that the respondent came to know about the vacancy for the post of Assistant Tax Collector in the Nawabganj Paurashava through newspaper advertisement. Having proper qualification for that posts petitioner applied for the post of Assistant Tax Collector.
......
MM Ruhul Amin CJ
Abdul Matin J
Md. Abdul Aziz J
Chairman, Nawabgonj Pourashava represented by its Chairman……Petitioner (In both cases)
Vs.
Ms. Moyna Parvin and others................Respondents (In Civil Petition No. 2048 of 2008)
Muzlema Khatun and o......held that the present petitioner has no right to prohibit the respondent from attending office.
11. In such view of the matter the direction of the High Court Division does not suffer from any illegality and we find no substance in this petition which is accordingly dismissed.
Ed.
Thi..
Category: Others | Date: 13 Apr, 2009 | Hits: 125
Jaharlal Bandapadhya and others vs. Most. Begum Jahanara, 2009, 38 CLC (AD)
....ort, are that the deceased Most. Begum Jahanara as the plaintiff filed the above mentioned Title Suit against the appellant for Specific Performance of Contract, contending, inter alia, that the suit property originally belonged to Nishi Kanta Bandapadhya, the predecessor and father of the defenda......t any order as to cost. Ed. This Case is also Reported in: VII ADC (2010) 155. ......ant No.1 took entire burden of their family and the plaintiff and her brother were known as his adopted daughter and son, while in the year 1966 defendant No.1 Shayama Kanta Bandapadhya stopped his legal profession due to his physical disability he took loan of Tk. 10,000/- (Ten thousand) from p..Category: Property Law | Date: 13 Apr, 2009 | Hits: 74
Abdus Sahid @ Shahid & others Vs. Anowara Begum & others, 2009, 38 CLC (HCD)
....ned 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 further order or orders as to this Court may seem fit and proper. 2. Facts necessary for disposal of this Rule, briefly, be put thus:- The present p......hellip;……………Opposite Parties Judgment April 9, 2009. Result: The Rule is discharged. Case Referred to- Ahejuddin Molla Vs. Hanufa Bibi and others, 26 D.L.R. (1974) 323. Lawyers Involved: Md. Faroque Ahmed with Anjuman-Ara Beg......abbar, the learned Advocate appearing for the opposite party Nos.1-5 and 6 submits that when the plaintiffs preferred the appeal being No.218 of 2002 against the defendants 8-12 and 14 they had every legal right to be notified about filing of the appeal but they were not given the opportunity and th..Category: Property Law | Date: 9 Apr, 2009 | Hits: 2
Zahida Ahmed (Liza) Vs. Syed Noor Uddin Ahmed and another, 2009, 38 CLC (HCD)
....s it is evident from the order dated 2.3.2009. Accordingly, the detenu was produced on 9.3.2009. Both of us had the occasion to speak to the detenu. We found that the detenu could not speak properly and that he was not looking healthy as well. Sitting here in the writ jurisdiction we canno...... Hossain J Quamrul Islam Siddique J Zahida Ahmed (Liza)……………………………Petitioner Vs. Syed Noor Uddin Ahmed and another……………………………&......e the sole basis for deciding the question of custody………………………………………(12) The detenu was illegally removed from the custody of his mother while he was in the U.K. The law of U.K. does not per..Category: Family Law, Women and Children | Date: 16 Mar, 2009 | Hits: 182
Aysha Begum Vs. State, 2009, 38 CLC (HCD)
....) 66 is most appropriate. It has been held by our Lordships of the Appellate Division that primary evidence being there that the girl is minor and that she is the victim of an offence it is right and proper that the girl should stay with her parents rather than be given to the family of the accused ......t Vs. State ……………….................................Respondent Judgment March 12, 2009. Result: The Rule in Criminal Misc. Case No.13454 of 2008 is discharged and Criminal Appeal No. 6945 of 2008 is allowed. Ad interim bail in Nari-o-Shishu case ......will dispose of both 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..Category: Women and Children | Date: 12 Mar, 2009 | Hits: 23
Mohammad Mosharraf Hossain Vs. Golam Mohamad and another, 2009, 38 CLC (AD)
....en held that quashment of proceedings, at the stage when trial already began and prosecution witnesses are being examined, is not permissible. 4. We are of the view that the High Court Division on proper consideration of the materials on record arrived at a correct decision and there is no illega......l Amin CJ Mohammad Fazlul Karim J Md. Tafazzul Islam J Md. Joynul Abedin J Md. Abdul Matin J Mohammad Mosharraf Hossain…………………Petitioner (On bail) Vs. Golam Mohamad and another……………………Respondents Judgment February 26, 2009. Result: The p......,00,000/-respectively in his favour and subsequently those cheques were dishonored on 28.8.2006 and 20.10.2006 respectively due to insufficient fund and then on 14.3.2007 the respondent No.1 served a legal notice upon the petitioner demanding payment and the petitioner received the said notice on 20..Category: Banking Law | Date: 26 Feb, 2009 | Hits: 150
Advance Sweater Industry Ltd Vs. Mohiuzzaman Chowdhury and others, 2009, 38 CLC (HCD)
....er thereupon put the decree into execution on 15th July, 2001 in Artha Rin Execution Case No.509 of 2005 before the Artha Rin Adalat No.4, Dhaka for realization of the decreetal amount. The mortgaged property was ultimately sold in auction and the opposite party No.1 purchased the mortgaged property...... ...... the one contemplated under Section 41(1) of the Artha Rin Adalat Ain. In view of the above, Mr. Islam submits that the appeal before the learned District Judge filed by the auction purchaser was not legally maintainable, since the appellate Court had no pecuniary jurisdiction to entertain appeal ag..Category: Civil Law, Procedural Law | Date: 18 Feb, 2009 | Hits: 1
Fahima Nasrin Vs. Government of Bangladesh and others, 2009, 38 CLC (HCD)
.... of the allegations made in the writ petition that the mandatory provisions of the Act were not duly considered or followed during the trial and when awarding the sentence, as well as for the sake of proper adjudication of the matter, by an order dated 12.11.2008, the learned District and Sessions J......pecial Original Jurisdiction) Present: Md. Imman Ali J Sheikh Abdul Awal J Fahima Nasrin, daughter of Abul Hashem Mia........................Petitioner Vs. Government of Bangladesh and others..........................Respondents Judgment February 11, 2009. Result: The......ementary affidavit and the annexures thereto. She submitted that Rony has no competent guardian and hence she was approached by Save the Children UK to take up the cause of the detenu, who had been illegally transferred from the Youth Development Centre to an adult prison upon attaining the age of 1..Category: Women and Children | Date: 11 Feb, 2009 | Hits: 189
A. J. M. Helal & others Vs. Bangladesh and others, 2009, 38 CLC (HCD)
....to be void as it conflicts with the right of appeal as enshrined in section 410 of the Code of Criminal Procedure and/or such other or further order or orders passed as to this Court may seem fit and proper. 3. Writ Petition No.3058 of 2008 is from judgment and order dated 12.02.2008 passed by ......lip;……………………………………………………Petitioner Vs. Bangladesh and others……………………………&h......dable. Mr. Kamruzzaman, the learned Advocate in support of his submission relied on the decisions reported in 44 DLR (AD) 260, 10 BLD (AD) 190 and 26 BLD (AD) 250. 17. In order to appreciate the legal aspects involved in this case it would be useful, if we trace the scheme and purpose of the am..Category: Corporate Law | Date: 9 Feb, 2009 | Hits: 5
AJM Helal Vs. Bangladesh and others, 2009, 38 CLC (HCD)
....to be void as it conflicts with the right of appeal as enshrined in section 410 of the Code of Criminal Procedure and/or such other or further order or orders passed as to this Court may seem fit and proper. 3. Writ Petition No. 3058 of 2008 is from judgment and order dated 12-2-2008 passed by ...... High Court Division (Special Original Jurisdiction) Present: Md. Imman Ali J Sheikh Abdul Awal J AJM Helal…………....................Petitioner Vs. Bangladesh and others.........Respondents Judgment February 9, 2009. Result: These Rules ar...... to adduce evidence both oral and documentary. The trial Judge in deciding the case under the Act has to consider first, whether the cheque in question was dishonored and whether after fulfilling the legal requirement of section 138 (b) and (c) of the Negotiable Instruments Act the case was filed or..Category: Civil Law | Date: 9 Feb, 2009 | Hits: 45
Sontosh Kumar Shaha Vs. Government of Bangladesh and others, 2009, 38 CLC (HCD)
....of 2000 should 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 ope...... Sontosh Kumar Shaha…………………………………………Petitioner Vs. Government of Bangladesh and others………………Respondents Judgment February 5......ice (Annexure-N) order of suspension and holding of Departmental Proceeding Case No.3 of 2000 and 4 of 2000 should 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 ..Category: Administrative Law, Constitutional Law | Date: 5 Feb, 2009 | Hits: 2
Abdul Latif Howlader and others Government of Bangladesh and others, 2009, 38 CLC (HCD)
....e being vacant posts of similar scale available. Let a copy of this judgment and order be transmitted at once. Ed. This Case is also Reported in: 29 BLD (HCD) (2009) 280. ......LD (HCD) (2009) 280. ...... Memo No.পবম/শা-২/বগ-২/২০০২/৭৯৬ dated 24.7.2007 (Annexure-F) issued by respondent No.4 should not be declared to have been passed without lawful authority and is of no legal effect. 2. The facts of the case, so far as are relevant for disposal of this Rule, ..Category: Administrative Law, Employment/Service Law | Date: 21 Jan, 2009 | Hits: 1
Tashin Ali (Md.) Vs. Md. Shamsul Hoque and others, 2009, 38 CLC (HCD)
.... scope to consider the title of either party. In order to determine the title, the party concerned is required to file a suit for declaration of title. In case the pre-emptor claimed to acquire the property by way of registered deed of Heba-bil-Ewaz from the heirs of the seller, who obtained the s......e Court High Court Division (Civil Revisional Jurisdiction) Present: AKM Asaduzzaman J Tashin Ali (Md.)…………………......................Petitioner Vs. Md. Shamsul Hoque and others…………………..Opposite Parties Judgment January 15, 2009. Result: The......stered deed of Heba-bil-Ewaz from the heirs of the seller, who obtained the suit property through auction in a Rent suit, unless and until the said Rent suit is declared in any Court to be void and illegal, a Court taking the case for pre-emption cannot ignore and deny the existence of Rent suit as ..Category: Property Law | Date: 15 Jan, 2009 | Hits: 38
James Finaly Pic. Chittagong Vs. Government of Bangladesh and others, 2008, 37 CLC (AD)
....the submissions of the learned Advocate for the appellant. Accordingly, the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 19 BLC (AD) (2013) 79. ......Fazlul Karim J Md. Joynul Abedin J James Finaly Pic. Chittagong……………………Appellant Vs. Government of Bangladesh and others ............Respondents Judgment December 17, 2008. Result: Th......f the learned Advocate the appellant that "The High Court Division after considering the writ petition and the affidavit-in-opposition on behalf of the respondent No.2 found the impugned order illegal on merit but discharged the Rule on technical ground which needs interference by this Division..Category: Civil Law | Date: 17 Dec, 2008 | Hits: 7
Nazimuddin (Md.) Chairman Vs. Government of Bangladesh, 2008, 37 CLC (HCD)
..../২২০-২০০৭ (অনুঃ২) ৮৭১৩ dated 27-9-2007 directing him to submit the statement of assets belonging to him and his family members as well as the sources of acquiring such properties within seven days from the date of receipt of the said notice. The petitioner received th...... The Anti Corruption Commission Act, 2004 (Act No. V of 2004); Section 32 (1) & (2) The Anti Corruption Commission Rules, 2007; Rule 15 (2) 'Sanction' is an administrative act and isn’t subject to any judicial scrutiny……………..(21) ......wer Rules, 2007 corresponding to ACC GR Case No. 44 of 2008 now pending in the Special Judge Court No. 6, Sher-e-Bangla Nagar, Dhaka should not be declared to be without lawful authority and is of no legal effect. 2. Facts relevant for disposal of the Rule, in brief, are that the petitioner was..Category: Anti-Corruption Laws | Date: 4 Dec, 2008 | Hits: 149
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