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Dr. Md. Nazimuddin and others Vs. Md. Abdur Rahman Siddique and others, 2010, 39 CLC (HCD)
....vision got no manner of application in any execution case which has been started before the promulgation of the Act, 1997. The learned Additional District Judge also being the revisional Court has totally failed to assume the jurisdiction of an executing Court as provided under section 38 of the......ower Court's record at once. Let a copy of the judgment be transmitted to the Courts concerned at their respective station. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 305. ......any pending proceeding arising out of any suit prior to the promulgation of the Act.………………(12, 14, 15) Jurisdiction of the Bankruptcy Court The legislature has not given any jurisdiction to the Bankruptcy Court to try any suit or execute any decree arising out of normal ci..Category: Civil Law | Date: 25 Feb, 2010 | Hits: 7
Ayrin Akhter Lypi Vs. Bahadur Khan and another, 2010, 39 CLC (HCD)
....his judgment and order to the Court concerned for inf6rination and necessary action. Ed. This Case is also Reported in:19 BLT (HCD) (2011) 488; 15 MLR (HCD) (2010) 139; 30 BLD (HCD) (2010) 280. ......his judgment and order to the Court concerned for inf6rination and necessary action. Ed. This Case is also Reported in:19 BLT (HCD) (2011) 488; 15 MLR (HCD) (2010) 139; 30 BLD (HCD) (2010) 280. ......his judgment and order to the Court concerned for inf6rination and necessary action. Ed. This Case is also Reported in:19 BLT (HCD) (2011) 488; 15 MLR (HCD) (2010) 139; 30 BLD (HCD) (2010) 280. ..Category: Women and Children | Date: 27 Jan, 2010 | Hits: 156
Mosammat Rehana Akhter Vs. Rizia Begum and others, 2010, 39 CLC (HCD)
....us Case No.5 of 2002 in the Court of Assistant Judge, Mirsarai Sadar, Chittagong, under section 96 of the State Acquisition and Tenancy Act for preemption of the case land, stating, in short that the total land under B.S. khatian No.1196 belonged to Jabeda Khatun, Md. Yeasin, Foyez Ahmad and Aslam M......L.C. Records. The order of stay granted at the time of issuance of the rule is hereby vacated. Send down the L.C. Records immediately. Ed. This Case is also Reported in: 31 BLD (HCD) (2011) 422. ......L.C. Records. The order of stay granted at the time of issuance of the rule is hereby vacated. Send down the L.C. Records immediately. Ed. This Case is also Reported in: 31 BLD (HCD) (2011) 422. ..Category: Property Law | Date: 13 Jan, 2010 | Hits: 56
....he order of stay granted at the
time of issuance of the rule is hereby vacated.
Send down the L.C. Records
immediately.
Ed.
This Case is also Reported in: 30 BLD (HCD)
(2010) 424.
......en
dispossessed from schedule 'ga' land. The learned Advocate for the opposite
parties further submitted that the finding of fact as arrived at by the learned
Courts below being concurrent, in the absence of any misreading or non
consideration of the material evidence on record, the impugned jud......he order of stay granted at the
time of issuance of the rule is hereby vacated.
Send down the L.C. Records
immediately.
Ed.
This Case is also Reported in: 30 BLD (HCD)
(2010) 424.
..
Category: Property Law | Date: 6 Jan, 2010 | Hits: 8
Paresh Chandra Biswas Vs. Sree Sree Shashan Kalimata Idol and others, 2009, 38 CLC (HCD)
.... a third party is competent to institute a suit in the name of the deity to protect the debuttor property. Dr. Das contends that such a party must be a member of the family or a worshipper and that a total stranger, in law, is not competent to institute a suit in the name of the deity. I do not, how......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. ......rt is satisfied that the suit has been for the benefit of the trust and no party to the suit was to blame, it may direct the whole or any portion of the costs to be paid. Section 14 creates a special jurisdiction in Civil Courts for the purpose of deciding matters relating to public religious trusts..Category: Others, Property Law | Date: 16 Dec, 2009 | Hits: 94
Nirmal Chandra Shaha Vs. The State and others, 2009, 38 CLC (HCD)
....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. ......the victim to ensure psycho-social support as well as in the paramount welfare of the victim. 11. Today the members of the Bench again spoke to Kona Shaha in Chamber of the presiding Judge in the absence of all others. This time she stated before us that she is now willing to go back to her pare......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. ..Category: Women and Children | Date: 14 Dec, 2009 | Hits: 150
Md. Saiful Islam and others Vs. State and another, 2009, 38 CLC (HCD)
.... 2000 pending in the Nari-O-Shishu Nirjatan Daman Tribunal, Sirajgonj is hereby quashed. Communicate the order at once. Ed. This Case is also Reported in: 15 MLR (HCD) (2010) 420. ...... 2000 pending in the Nari-O-Shishu Nirjatan Daman Tribunal, Sirajgonj is hereby quashed. Communicate the order at once. Ed. This Case is also Reported in: 15 MLR (HCD) (2010) 420. ......raji petition A naraji petition is treated as a fresh complaint. Taking cognizance of offence on the basis of naraji petition without examining the complainant under section 200 is without jurisdiction, unlawful and abuse of the process of the Court…………………………(11) ..Category: Women and Children | Date: 8 Dec, 2009 | Hits: 14
Rezaul Kabir (Md.) and another Vs. Bangladesh and others, 2009, 38 CLC (HCD)
....he Government to cancel the said appointments. It has also been stated that there were no service rules of Barisal City Corporation and, as such, the appointments of the Petitioners by the Mayor were totally illegal and made in connivance with them and, as such, the Petitioners were rightly removed ......the legalities of their appointments. Thus the enquiry seems to have been made behind the back of the Petitioners. The service rules of Barisal City Corporation are yet to have been framed and in the absence of such rules and regulation it is not clear what rules were breached before appointing the ......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
....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)
....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 . ......ce punishable under section 138 of the Act…………………….(20) Jurisdiction of the Court The using of a non-obstante clause in Section 141 of the Act also makes it clear that the jurisdiction of the Court of taking cognizance of the offence before arising of the cause of action..Category: Criminal Law | Date: 9 Nov, 2009 | Hits: 128
Zahirul Islam & others Vs. Government of Bangladesh others, 2009, 38 CLC (HCD)
.... 0.0078 acre land covered by DP Khatian No. 245 were recorded in the name of Mojibul Islam (the petitioner No. 5). 3. The petitioners and their other co-sharers have been owning and possessing a total 1.837 acres of land covered by the aforesaid 4 khatians No.237, 155, 125 and 245 and some othe......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 ......s dated 1-2-2003 for re-hearing of the appeal Case Nos. 2846/99, 2847/99, 2849/99, 2850/99, 2857/99, 2858/99, 2859/99 and 3025/99 afresh has been issued. Without any lawful authority and without jurisdiction which should be declared unconstitutional. In elaborating his argument the learned Advo..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)
....any influence, either from the political government or anybody else, so that the PSC would be able to perform its function of selection of the executives and the professionals free from bias and with total neutrality, showing transparency in its functions. As such, on receipt of the requisition from......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. ......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
Md. Rezaul Kabir Vs. State and another, 2009, 38 CLC (HCD)
....py of this judgment and order be sent to the Special Judge and Sessions Judge, Mymensingh for information and necessary action. Ed. This Case is also Reported in: 14 MLR (HCD) (2009) 482. ......py of this judgment and order be sent to the Special Judge and Sessions Judge, Mymensingh for information and necessary action. Ed. This Case is also Reported in: 14 MLR (HCD) (2009) 482. ......py of this judgment and order be sent to the Special Judge and Sessions Judge, Mymensingh for information and necessary action. Ed. This Case is also Reported in: 14 MLR (HCD) (2009) 482. ..Category: Anti-Corruption Laws | Date: 11 Oct, 2009 | Hits: 10
Md. Mainul Haque Bhuyan Vs. Md. Akkas Miah, 2009, 38 CLC (HCD)
.... Order. Let a copy of the judgment be sent to the Assistant Judge, Second Court and House Rent Controller, Dhaka at once. Ed. This Case is also Reported in: 14 MLR (HCD) (2009) 425. ......ocedure, 1908 (Act No. V of 1908); section 5 The High Court Division can dispose of the Rule in exercise of its revisional jurisdiction under section 115(1) of the Code of Civil Procedure in the absence of either of the parties or suo moto on perusal of the record………&hellip......09. Result: The Rule is discharged. The Code of Civil Procedure, 1908 (Act No. V of 1908); section 5 The High Court Division can dispose of the Rule in exercise of its revisional jurisdiction under section 115(1) of the Code of Civil Procedure in the absence of either of the par..Category: Tenancy Law | Date: 6 Oct, 2009 | Hits: 127
Abdul Latif alias Kahinur alias Kahin and other Vs. State, 2009, 38 CLC (HCD)
....ection with any other case. Send down the lower Court records and a copy of the judgment and order to the Court concerned. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 245. ......st by some circumstance connected with the woman which would serve by itself to show that her story of rape is true…………………(30) It will be unsafe to convict the appellants in the absence of any credible evidence against them…………………(32) Lawyers Involved: M......ection with any other case. Send down the lower Court records and a copy of the judgment and order to the Court concerned. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 245. ..Category: Women and Children | Date: 6 Oct, 2009 | Hits: 116
State Vs. Secretary, Ministry of Law, Justice & Parliamentary Affairs and others, 2009, 38 CLC (HCD)
....to have the custody of the girl and there can be no earthly reason why at this stage the learned Magistrate did not allow the girl to go to the parents. Quite clearly, the learned Magistrate acted in total violation of the provisions of law. When it is apparent that the girl was crying to be with he......rdian is unavailable or where the threat of safety comes from the parent or guardian or where the parent or guardian is unable to provide safety to the child from any impending threat. 15. In the absence of a parent or guardian, a relative or other fit person may be entrusted to keep the child i......ayer to the Court for allowing the victim's mother to stay in the safe home with her daughter S. The learned Magistrate did not allow this prayer on the ground that the matter is within the exclusive jurisdiction of the Nari-o-Shishu Nirjatan Daman Tribunal. The Magistrate sent the case record to th..Category: Women and Children | Date: 3 Sep, 2009 | Hits: 198
Sheikh Mashuk Rahman Vs. State and another, 2009, 38 CLC (HCD)
....s 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% on the total receivable amount; the accused out of Taka 30,04,225 issued cheques in favour of complainant f......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. ......ng evidence at the time of trial, inasmuch as there is specific assertion in the complaint petition that such a notice was, in fact served. Hence, this fact cannot be decided by this court exercising jurisdiction under section 561A of the Code of Criminal Procedure and this is to be decided by the t..Category: Banking Law | Date: 16 Aug, 2009 | Hits: 190
Shafiullah Chowdhury and others Vs. State, 2009, 38 CLC (HCD)
....ioner Nos.2 and 3 acted in concert with the accused petitioner No.1 in the talk of sale and execution of bainapatra. The complainant on different dates and lastly on 29.1.2004 paid Tk. 2 crores in total as earnest money out of the consideration money in cash, by cheques and pay orders. Subsequen...... the Rule is hereby vacated. Communicate copy of this judgment to the concerned Court where the case is pending. Ed. This Case is also Reported in: 14 MLR (HCD) (2009) 490. ...... the Rule is hereby vacated. Communicate copy of this judgment to the concerned Court where the case is pending. Ed. This Case is also Reported in: 14 MLR (HCD) (2009) 490. ..Category: Procedural Law | Date: 12 Aug, 2009 | Hits: 8
Dr. Mohiuddin Khan Alamgir Vs. ACC and another, 2009, 38 CLC (HCD)
....ter alia, that on his enquiry he came to know that the appellant has 6 (six) Fixed Deposit Receipts (FDRs) valuing Taka 22 lakh, Taka 30 lakh, Taka 36 lakh, Taka 20 lakh Taka 20 lakh and Taka 9 lakh, totaling Taka 1.18 crore deposited for the period between 17-4-2006 and 17-4-2007, which the appella......tion of the aforesaid building also does not have any weight at all, because the PW had no knowledge as to the age of the building and the materials that were used at the time of construction. In the absence of the knowledge as to the age of the building the P.W. 15 had no means to know when the sai......based on such illegal notice is also void. In this context, Mr. Ahsanul Karim, the learned Advocate for the appellant referred to 17 DLR (SC) 181 wherein their Lordships held that "Order without jurisdiction cannot be cured by a subsequent order by the superior order". We find force in the..Category: Anti-Corruption Laws | Date: 13 Jul, 2009 | Hits: 286
....vance for repairing of the suit premises and fresh tenancy agreement was made between them, on 28-07-1987. It is pertinent to point out that plaintiff failed to adjust or refund the advance money for total Tk. 40,000/- pursuant to the agreement dated 28-07-1987. Even then, defendant paid the rent re......t of any premises unless he pays the rent due by him in respect of such premises to the full extent allowable by this Ordinance within the time fixed in the contract with his landlord or, in the absence of such contract, by the fifteenth day of the month next following that for which the r...... 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
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