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Most. Abu Tara Vs. Md. Abdur Rahim Khan and others, 2009, 38 CLC (HCD)
.... rule is discharged without any order as to costs. Lower Courts records be sent down at once with a copy of the Judgment. Ed. This Case is also Reported in: 17 MLR (HCD) (2012) 449. ...... rule is discharged without any order as to costs. Lower Courts records be sent down at once with a copy of the Judgment. Ed. This Case is also Reported in: 17 MLR (HCD) (2012) 449. ......;When the appellate Court as the final Court of fact decides questions of fact and records its findings on consideration of the evidence on record, the High Court Division while exercising revisional jurisdiction cannot interfere with findings of facts unless the High Court Division is satisfied tha..Category: Evidence Law | Date: 25 Jun, 2009 | Hits: 42
Agrani Bank Vs. Md. Abdul Khaleque & another, 2009, 38 CLC (HCD)
....dismissed, the judgment and the decree of the trial court is hereby set aside. Send down the L.C. record immediately. Md. Abu Tariq J.- I agree. Ed. This Case is also Reported in:......dismissed, the judgment and the decree of the trial court is hereby set aside. Send down the L.C. record immediately. Md. Abu Tariq J.- I agree. Ed. This Case is also Reported in:......dismissed, the judgment and the decree of the trial court is hereby set aside. Send down the L.C. record immediately. Md. Abu Tariq J.- I agree. Ed. This Case is also Reported in:..Category: Banking Law | Date: 23 Jun, 2009 | Hits: 153
Sree Pintoo Pal Vs. State, 2009, 38 CLC (HCD)
....f Criminal Procedure to which he repeated his innocence and the defence did not adduce any evidence on his behalf. 7. The defence case, as it transpires from the trend of cross-examination is total denial and his case, inter alia, is that the accused did not bring the victim to his house a......corroboration is rule of caution. In other words, the rule as to corroboration is one for the guidance of the Courts and is not a rigid rule of law in a case of reliable evidence of the prosecutix, absence of proof of rape by medical report, non-examination of wearing apparels, absence of scratch......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)
.... available, the Board in the meeting held on 14-12-1992 stopped such type of employment altogether. Moreover, the petitioner did not obtain prior permission of the Authority. However, 33.33% of the total sanctioned posts of Assistant Engineers are filled up from the posts of Sub-Assistant Engineer......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)
.... available, the Board in the meeting held on 14-12-1992 stopped such type of employment altogether. Moreover, the petitioner did not obtain prior permission of the Authority. However, 33.33% of the total sanctioned posts of Assistant Engineers are filled up from the posts of Sub-Assistant Engineer......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)
....ons and 100% shares of Biman are owned by the Government. He therefore, submits that Bangladesh Biman Airlines Limited is not a private company or Organization but a public limited company which is totally governed and owned by the Government and, as such, its decisions and orders are amenable und......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. ......imited is not a private company or Organization but a public limited company which is totally governed and owned by the Government and, as such, its decisions and orders are amenable under the writ jurisdiction of this Court and therefore, the instant Rules are maintainable. 28. The learned A..Category: Employment/Service Law | Date: 2 Jun, 2009 | Hits: 35
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. ......formation and necessary action. Ed. This Case is also Reported in: 29 BLD (HCD) (2009) 399. ......ly with it which cannot be overlooked or avoided. 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………(12) Cases Referred to- Alhaj Rah..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. ......s with an aim and objective to empower the women and children of their rights. 3. At present there are no legislative provisions to address sexual harassment of women and girl children and in the absence of the legislative provisions the need to find out an effective and/or alternative mechanism......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)
....(Act No. VIII of 2000); section 6 (1) Under section 6(1) of Ain, 2000, the offence must be a complete one, not an attempt. . . The offence under section 6(1) would be complete when the victim is totally under control of the accused. Unless the victim be totally under the control of the perpetra......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)
....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. ......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)
....t No. 0210063007 standing with Mutual Trust Bank Limited, Khatunganj Branch, Chittagong in favor of the Opposite Party No. 2. The opposite party No. 2 in order to cash the aforesaid 8 (eight) cheques totaling Taka 2,24,28,120 according to advice of the accused petitioner deposited in the banks on 29......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. ......d, as such, taking of cognizance of the case 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..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. ......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. ......mance of Contract with effect from 1st July, 2005, vide amendment of the Act made under Act No. 27 of 2004. 14. In view of the language used in Section 21A with a non-obstante clause the ouster of jurisdiction is manifestly clear in entertaining a suit for Specific Performance of Contract filed w..Category: Civil Law | Date: 21 Apr, 2009 | Hits: 91
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. ...... 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. ...... 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
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. ......m appearing when the appeal was called on for hearing. There is, therefore, no reason why the respondent, notice in regard to whom has been dispensed with, shall not be entitled to show a cause, absence of notice apart, which prevented him from appearing when the appeal was called on for h......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)
.... 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. ...... 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. ......Custody of Child The question of welfare will be dealt with by the Family Court which will take into account in whose custody the welfare of the child will be best protected. . . Under the writ jurisdiction, the High Court Division cannot decide the welfare of the child . . . The Family C..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. ......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. ......sc. Case No. 13454 of 2008 granting ad interim bail to the victim. But since we are in seisin of both Criminal Misc. Case No. 13454 of 2008 and Criminal Appeal No.6945 of 2008 we can determine in our jurisdiction both the Rule and the appeal on merit. We have already found in one of our foregoing pa..Category: Women and Children | Date: 12 Mar, 2009 | Hits: 23
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 ......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 ...... 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 against any order of any suit or proceeding exceeding over Tk.5, 00..Category: Civil Law, Procedural Law | Date: 18 Feb, 2009 | Hits: 1
Fahima Nasrin Vs. Government of Bangladesh and others, 2009, 38 CLC (HCD)
....is opinion with regard to the inadequacy of punishment available under the Act and satisfaction with regard to the unruly/depraved character of the offender, then the provision of section 52 would be totally ousted, inasmuch as the proviso calls for imprisonment, whereas section 52 calls for detenti......sufficiency of the available punishment under the Act and/or the satisfaction with regard to the unsuitability of his detention in any certified institute due to his unruly/depraved character. In the absence of such opinion/satisfaction, imprisonment is not proper and the sentence of imprisonment is......he rights of the citizens. In the facts of the instant case, when we are told that the detenu has no competent guardian and is being detained without lawful authority, we have no hesitation to assume jurisdiction to adjudicate the legality or otherwise of the detention. In this regard we take suppor..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. ......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. ......ank cheque and other goods were forcibly taken away by the complainant from the accused before filing of the petition of complaint under section 138 of the Act cannot be decided in the writ jurisdiction. This venture under the writ jurisdiction is not permissible. 39. Mr. Abu Taleb, t..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. ......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. ......on for depositing not less than 50% of the unpaid cheque amount as pre-condition in the case of an appeal………………………………………(26) Violation of provisions of law and writ jurisdiction Mere allegation of violation of provisions of law cannot give rise to any cause of..Category: Civil Law | Date: 9 Feb, 2009 | Hits: 45