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Paresh Chandra Biswas Vs. Sree Sree Shashan Kalimata Idol and others, 2009, 38 CLC (HCD)

....dra Karmaker, (DW 4) admitted that o bank account is maintained in the name of deity, that the defendant is not maintaining the affairs of the deity properly, that Surendra Nath Sutradhar (PW 1) is a good and ascetic type of man, that the defendant has been using the suit property as his personal pr...... the villagers of Gandina Hindu Community established a temple and set up the image of Sree Sree Shashan Kalitnata and had been performing religious rites. In the settlement operation, the lands were recorded in the name of ex-landlord but in the remark column the "Kodaldoha Kalibari by the Hin...... to public and private charities is not to be found in the Hindu text. The idol itself is explained in West & Buhler's Hindu Law, "is looked upon as a kind of human entity, the religious services of which are allowed by the Hindu Law to be provided for in perpetuity". Trusts are ge..

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. ......l, transferred to the Nirapadh Abasan Kendra, Farhadabad, Hathazari, Chittagong. In the meantime the age of the girl was assessed based upon radiological X-ray plates to be 15 years. In her statement recorded by the learned Magistrate under section 22 of the Nari-o-Shishu Nirjatan Daman Ain, the vic......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

Government of Bangladesh Vs. Syed Md. Belayet Hossain, 2009, 38 CLC (HCD)

....ng and accordingly the above judgment and order of the High Court Division does not call for any interference. The petition is dismissed. This Case is also Reported in: 15 MLR (AD) (2010) 512. ......ection for paying his salary as lecturer as well as Principal, the respondent, like others, will also be entitled to get his salary as Principal. We have heard the learned counsels and perused the records. We are of the view that the High Court Division on proper consideration of the materials......ng and accordingly the above judgment and order of the High Court Division does not call for any interference. The petition is dismissed. This Case is also Reported in: 15 MLR (AD) (2010) 512. ..

Category: Employment/Service Law | Date: 10 Dec, 2009 | Hits: 159

Md. Saiful Islam and others Vs. State and another, 2009, 38 CLC (HCD)

.... a petition of complaint on 08.10.2001 before the Court of Magistrate alleging that accused Saiful Islam in collusion with others supplied poison in the name vitamin to his daughter who drank it in good faith and consequently she died at her father's house. 3. The learned Magistrate forwarde......ound the allegations to be false and submitted police report in the form of final report before the Magistrate. 5. The learned Magistrate upon receipt of the police report transmitted the case record to the Court of Nari-O-Shishu Nirjatan Daman Tribunal, Sirajgonj for trial. Thereafter, the ...... 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. ..

Category: Women and Children | Date: 8 Dec, 2009 | Hits: 14

Rezaul Kabir (Md.) and another Vs. Bangladesh and others, 2009, 38 CLC (HCD)

....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   ......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   ......r, Barisal City Corporation, Barisal to cancel the appointments of 121 employ­ees of the said Corporation including the Petitioners on the allegations of not following rules and regulation of the service. On receipt of the said Memo, Chief Executive Officer, Barisal City Corporation, Barisal, re..

Category: Administrative Law, Employment/Service Law | Date: 22 Nov, 2009 | Hits: 3

Human Right and Peace for Bangladesh (HRPB) and another Vs. The Mayor, Dhaka City Corporation and others, 2009, 38 CLC (HCD)

....ration has got no authority to undertake such a project of construction of a road through graveyard for the cause of any one’s benefit. 10. Considering these facts and circumstances, we find good substance in this Rule and accordingly it is liable to be made absolute. 11. In the resul......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 . ...... the learned Advocate for both the parties, perused the Application filed under Section 561A of the Code of Criminal Procedure for quashing the proceeding, the Annexure annexed therewith and the case record. 10. In the instant case the only point to be decided is whether the proceeding of the i......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 . ..

Category: Criminal Law | Date: 9 Nov, 2009 | Hits: 128

Zahirul Islam & others Vs. Government of Bangladesh others, 2009, 38 CLC (HCD)

....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       ......ng known as khanapuri, Bujaral, Attestation, objec­tion and Appeal) 1.20 acres of land covered by DP Khatian No.237 of Mouza Shantinagar, under Police Station Motijheel,  District-Dhaka were recorded in the names of Hazi Zahirul Islam, Jainal Abedin, Hazi Mahbubul Islam, Mojibul Islam (the ......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       ..

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)

....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. ......asis of specific requisitions forwarded by the concerned Ministry, as advertised in the news-papers and also on requisitions subsequent to the advertisements. 4. The High Court Division found on record that the PSC while making the advertisement in the newspapers, specifically mentioned the num......an the posts advertised on the advise of the Government, fifthly, promotion to the posts of Professor, Associate Professor and Assistant Professor comes under the ambit of the terms and conditions of service of the Government as such, the writ petitions are not maintainable. 11. We have heard t..

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. ......es on both the sides and perused the application under Section 561A of the Code of Criminal Procedure and the Annexure filed therewith, F.I.R., Charge sheet and all other relevant papers available on record. 11. The point calls for determination in this case is whether the instant proceeding is......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. ......t 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……………………………&helli...... 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. ..

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. ......tted rape on the victim. 11. We have heard the learned Advocates appearing on behalf of the appellants and the learned Deputy Attorney General representing the State and perused the materials on record. 12. It appears that P.W.1, the informant, Kanchoni Bala lodged the first information re......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)

....n officers as well as for Probation Officers, Managers and concerned staff employed in the safe homes and other places used for detention of children. 26. The Government should ensure training in good parenting and for awareness development in the community to establish child protection and reha......reatment to the Osmani Medical College Hospital, Sylhet and, thereafter, took her to the Osmani Nagar Police Station on 27.03.2009 in order to lodge a First Information Report (F.I.R.). Police, after recording the case, sent the girl to the Court of the learned Magistrate, who ordered the girl to be......ld in different legislations and there ought to be uniformity in the definition. He further submitted that all the different agencies dealing with children, including the judiciary, police, probation service and all others involved in children’s affairs should be made aware of the provisions of th..

Category: Women and Children | Date: 3 Sep, 2009 | Hits: 198

Tobarak Ali Bepari Vs. Hachen Kha Being Dead His Heirs 1(A) Razzak Kha and others, 2009, 38 CLC (HCD)

....tion money along with the compensation, so deposited by the pre-emptor. Send down the lower Courts records immediately. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 318. ......ffidavit filed by the petitioner today be treated as part of the main revisional application. 2. The Rule was issued at the instance of the pre-emptee on the following terms: "Let the records be called for and a Rule issue calling upon the opposite parties to show cause as to why th......tion money along with the compensation, so deposited by the pre-emptor. Send down the lower Courts records immediately. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 318. ..

Category: Property Law | Date: 25 Aug, 2009 | Hits: 3

Shamsul Hossain Vs. Anwar Hossain and others, 2009, 38 CLC (HCD)

....o dispossess the plaintiffs, as such the possession of the plaintiffs against original owner of the suit prop­erty running notoriously adversely and hostily there­by the plaintiffs acquired a good title against the original owner, Rally Brothers, by adverse posses­sion, as such, the lear......shy;est bidder defendant No. 5 at Taka 21, 74,544. The defendant No. 5 paid the entire money on 1-2-1996. On 4-2-1997 and 16-2-1997 the suit land was hand­ed over to the defendant No.5. As per SA record, Rally Brothers were recorded as land lord in Dag No. 257. The entire land was recorded in th......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 ..

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. ......cited a decision, reported in 60 DLR (AD) 195, Nizamuddin Mahmood Vs. Abdul Hamid Bhuiyan and others. 8. We have considered the submission of the learned Advocates, perused the materials on record as well as the relevant law and the decision cited. 9. The submission made by the learne......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. ..

Category: Banking Law | Date: 16 Aug, 2009 | Hits: 190

Sree Ashish Kumar Shaha Roy Vs. Al-Haj Md. Wasidul Islam and others, 2009, 38 CLC (AD)

.... therefore find any substance in any of the submissions of the learned Counsel for the petitioner. This petition is accordingly dismissed. Ed. This Case is also Reported in: 21 BLT (AD) (2013) 13. ...... that they are in possession of the suit land and that the plaintiffs have no title or possession therein and prayed for dismissal of the suit. 5. The trial Court on consideration of the evidence on record found that- the suit land fell in the saham of Gagon Chandra Saha vide judgment and decree pa...... therefore find any substance in any of the submissions of the learned Counsel for the petitioner. This petition is accordingly dismissed. Ed. This Case is also Reported in: 21 BLT (AD) (2013) 13. ..

Category: Property Law | Date: 23 Jul, 2009 | Hits: 6

Dr. Mohiuddin Khan Alamgir Vs. ACC and another, 2009, 38 CLC (HCD)

....to what kind of cement was used in the building. He stated that the valuation of building may differ on the count of quality of cement. He stated that he does not have the knowledge as to quantity of goods. He did not make survey on that. He does not know as to what kind of iron rods were used in th......fter the said notice was issued. Therefore, there was no Commission in between 7-2-2007 to 24-2-2007. 6. The appellant received the said notice in jail custody but did not have any access to his records and papers and did not have any opportunity of consultation with his income tax adviser and ...... 1965. Thereafter, he did his PhD. He served with distinction as a teacher of Dhaka University, Banks, Consultant of different international organisations and after his retirement from the government service as Secretary, he served the country as State Minister as technocrat. He became active in pol..

Category: Anti-Corruption Laws | Date: 13 Jul, 2009 | Hits: 286

Radha Shyam Sarker Vs. Nani Gopal Sen being dead his heirs: Ashesh Kumer and others, 2009, 38 CLC (HCD)

..... So, the grounds urged and contentions advanced by the learned Counsel for the peti­tioner are the correct exposition of law and facts. So the legal pleas taken by him prevails appears to have a good deal of force. On the contrary I failed to discover any merit in the submissions advanced by le......d plaintiff. The court below without considering the facts and legal aspects decreed the suit, which cannot be sustained. 8. In order to appreciate their submis­sions I have gone through the records and given my anxious consideration to their sub­missions. 9. The point for determin...... 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

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. ......nama out of greed and therefore the suit is liable to be dismissed with cost. 5. During the course of trial the learned Joint District Judge, 3rd Court, Dhaka on consideration of the evidence on record and papers, document and exhibits dismissed the suit of the plaintiff by his Judgment and dec...... 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. ..

Category: Evidence Law | Date: 25 Jun, 2009 | Hits: 42