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....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.
......erving in the Purashava as its staff and therefore the High Court Division has rightly 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 ..
Category: Others | Date: 13 Apr, 2009 | Hits: 125
Jaharlal Bandapadhya and others vs. Most. Begum Jahanara, 2009, 38 CLC (AD)
....ourt Division. In such view of the matter we find not substance in this appeal. The appeal is dismissed without any order as to cost. Ed. This Case is also Reported in: VII ADC (2010) 155. ......-9 opposed the petition submitting, inter alia, that the trial Court considering the evidence on record decreed the suit correctly and the lower appellate court had no reason to dismiss the suit in view of cogent evidence in support of the execution of the bainanama and as such the High Court Di..Category: Property Law | Date: 13 Apr, 2009 | Hits: 74
Abdus Sahid @ Shahid & others Vs. Anowara Begum & others, 2009, 38 CLC (HCD)
....eipt of this order. Send down the Lower Court Records at once. Ed. This Case is also Reported in: 29 BLD (HCD) (2009) 394. ......eal was called on for hearing. 16. It is further argued for the petitioners that the application for rehearing under Order XLI Rule 21 of the Code of Civil Procedure was filed beyond time but in view of the findings that the applicants (respondents) of the aforesaid Miscellaneous Case were..Category: Property Law | Date: 9 Apr, 2009 | Hits: 2
Zahida Ahmed (Liza) Vs. Syed Noor Uddin Ahmed and another, 2009, 38 CLC (HCD)
.... 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. ...... of his mother without her consent. Before adjudication of the Family Suit the detenu must be restored to his earlier custody, that is, in the custody of the petitioner. Therefore, we are of the view that removal of the detenu from the custody of his mother is without lawful authority and ..Category: Family Law, Women and Children | Date: 16 Mar, 2009 | Hits: 182
Aysha Begum Vs. State, 2009, 38 CLC (HCD)
....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. ......o the victim by the High Court Division by seeing her appearance in person and that, therefore, she must be a major and cannot thus be subjected to the custody of her mother. In addition, he took the view that her date of birth in the National Identity Card (which is also a voter Registration Card) ..Category: Women and Children | Date: 12 Mar, 2009 | Hits: 23
Mohammad Mosharraf Hossain Vs. Golam Mohamad and another, 2009, 38 CLC (AD)
....cision and there is no illegality or infirmity in the above decision so as to call for any interference. The petition is dismissed. Ed. This Case is also Reported in: 19 BLT (AD) (2011) 239. ......reported in 13 MLR (AD) 103 it has been 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 co..Category: Banking Law | Date: 26 Feb, 2009 | Hits: 150
Advance Sweater Industry Ltd Vs. Mohiuzzaman Chowdhury and others, 2009, 38 CLC (HCD)
....de absolute without any order as to costs. The impugned judgment and order of the learned Additional District Judge is set aside. Ed. This Case is also Reported in: 21 BLT (HCD) (2013) 16 ......s as a measure to recover its debt made an arrangement with Sonali Bank, that in pursuance thereof the company was reconstituted and some new share holders had been inducted for raising equity with a view to meet the bank's liability and as a part of this arrangement, some shares were transferre..Category: Civil Law, Procedural Law | Date: 18 Feb, 2009 | Hits: 1
Fahima Nasrin Vs. Government of Bangladesh and others, 2009, 38 CLC (HCD)
....tence of imprisonment is barred under section 51(1) of the Act. 7. Finally, the petitioner submitted that the interpretation given by the MoSW to the sentence awarded by the trial court is clearly erroneous and unwarranted. The order of the learned Judge does not say that the offender was to be s...... of Sessions Judge and Juvenile Court, Kushtia. At the conclusion of the trial, the learned Judge came to a finding that an offence under section 302 of the Penal Code was proved beyond doubt and, in view of his youth, by Judgement and order dated 14.08.2006, Rony was sentenced in accordance with th..Category: Women and Children | Date: 11 Feb, 2009 | Hits: 189
A. J. M. Helal & others Vs. Bangladesh and others, 2009, 38 CLC (HCD)
....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. ......ey for an indefinite period in which the payee or the holder of the cheque not only suffers a lot also the process of realisation of cheque amount or loan money falls into dark. Keeping the said view in mind the legislature in applying their wisdom made amendment in section 138 of the Negotiabl..Category: Corporate Law | Date: 9 Feb, 2009 | Hits: 5
AJM Helal Vs. Bangladesh and others, 2009, 38 CLC (HCD)
....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. ......s money for an indefinite period in which the payee or the holder of the cheque not only suffers a lot also the process of realization of cheque amount or loan money falls into dark. Keeping the said view in mind the legislature in applying their wisdom made amendment in section 138 of the Negotiabl..Category: Civil Law | Date: 9 Feb, 2009 | Hits: 45
Sontosh Kumar Shaha Vs. Government of Bangladesh and others, 2009, 38 CLC (HCD)
....wherein the initiator of the note sheet instead of proposing whether the letter sent by the Ministry of Law, Annexure-N(1), should be placed before the G.A committee wrote the following proposal most erroneously; বর্ণীত অবস্থাধীনে চুয়াডাঙ্গা......tice placed it before the General Administration Committee and the General Administration Committee also placed it before the full Court and the full Court by decision taken on 14.8.2003 refused to review the matter of suspension and the decision of the full Court can not be interfered with by that ..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. ......y;vocate appearing on behalf of the petitioners, submits that the petitioners have been serving the respondents for a long time and have all along been waiting to receive the transfer letters in view of the decision of the Ministry of Establishment, which had taken a decision to transfer the pe..Category: Administrative Law, Employment/Service Law | Date: 21 Jan, 2009 | Hits: 1
....ismissed the appeal for such proceeding.
19. Lastly, he submitted that learned District
Judge missed the scope of enquiry in the admission of the appeal upon condo
nation of the delay and most erroneously dismissed the appeal without
consideration of the case of the petitioner at all but on ......he
absence of the deity by an order dated 12-11-85. Then, said plaintiff made an
application under Order XLVII, rule 1 of the Code of Civil Procedure being
Miscellaneous Case No. 127 of 1985 for review of said order dated 12-11-85. By
an order dated 28-5- 86 the Court allowed said prayer for rev..
Category: Hindu Law | Date: 18 Dec, 2008 | Hits: 22
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. ......refunded to the respective port users. In this regard Traffic Manager of Chittagong Port Authority i.e. the respondent No. 4 issued a circulars being Nos.11 of 1985 and 113 of 1985 dated 8-6-1985. In view of the above circulars of the Chittagong Port Authority the appellant under cover of their lett..Category: Civil Law | Date: 17 Dec, 2008 | Hits: 7
Nazimuddin (Md.) Chairman Vs. Government of Bangladesh, 2008, 37 CLC (HCD)
.... and discussions as made above, we do not find any merit in this Rule which is accordingly, discharged without any order as to cost. This Case is also Reported in: 61 DLR (HCD) (2009) 81. ......llip;…..(21) Interpretation of statute A statute has to be interpreted in its literal meaning after going through the entire provision itself and not in an isolated manner when it is viewed in the context of a particular situation and the intent of the legislature has to be gathered..Category: Anti-Corruption Laws | Date: 4 Dec, 2008 | Hits: 149
MM Ali Ispahani Vs. MM Ispahani Ltd., 2008, 37 CLC (HCD)
.... Trust is being handed back to the learned Advocate for the Respondent Nos. 1 to 6 today. There is no order as to costs. Ed. This Case is also Reported in: 29 BLD (HCD) (2009) 206. ......r Section 38 of the Companies Act, 1913 for a rectification of share register has finally come to be disposed of fourteen years later by this Court under circumstances where it now falls under the purview of Section 43 of the Companies Act, 1994 (“the Act”). 2. This Matter arises in..Category: Company Law | Date: 4 Dec, 2008 | Hits: 505
Dewan Joynal Abedin Vs. Husen Ahmed Khan and others, 2008, 37 CLC (HCD)
.... maintainable. I find no merit in this Rule. In the result, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 139. ......bout the tendency of the appeal before the learned District Judge as no notice has been served upon him and, as a result, the appeal has been dismissed for default by the learned District Judge. In view of the above, it is contended for ends of justice the appeal may be restored to its file and ..Category: Property Law | Date: 2 Dec, 2008 | Hits: 7
Abul Kashem (Md.) Vs. Government of Bangladesh and others, 2008, 37 CLC (HCD)
....ithout any order as to cost. The order of stay granted earlier by this Court is hereby vacated and recalled. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 249. ......les are discharged without any order as to cost. Interpretation of statute A statute has to be interpreted in its literal meaning after going through the entire provision itself when it is viewed in the context of a particular situation...................(15) Lawyers Involved: ..Category: Others | Date: 27 Nov, 2008 | Hits: 4
Mosammat Kazi Shamsunnahar Vs. Md. Ramjan Molla and others, 2008, 37 CLC (HCD)
....s discharged. The judgments and orders of the courts below are hereby affirmed. Send down the lower court records at once. Ed. This Case is also Reported in: 29 BLD (HCD) (2009) 391. ......-purchaser spent on the suit property and decide a reasonable amount as compensation in present context which should be paid to the petitioner-purchaser. On the above discussion I am of the view that the courts below committed no error of law other than the observation as I have made...Category: Property Law | Date: 20 Nov, 2008 | Hits: 2
Habibur Rahman Molla Vs. State, 2008, 37 CLC (HCD)
....acated. Let a copy of this judgment and order along with the LCR be sent to the concerned Court at once. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 1, 29 BLD (HCD) (2009) 227. ......t; 8. In support of it the learned Advocate has also referred another decision of a case Wadud Vs. State reported in 48 DLR (AD) 6 where their Lordships of our Apex Court have given an identical view referred to above. 9. The learned Advocate appearing on behalf of the ACC further goes to ..Category: Anti-Corruption Laws | Date: 20 Nov, 2008 | Hits: 157
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