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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. ......y 27, 2010. Result: The Rule is made absolute. Although the law, as provided under Section 494 of the Code of Criminal Procedure, authorizes a Public Prosecutor to make a prayer to the Court for withdrawal of the case from prosecution but that is subject to consent of the trial Court and th......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. ......another reported in 8 B.L.T. (AD) (2000) 42; Sreemoti Protiva Rani Dey (Tritha) Vs. Md. Yusuf, Medical Officer, Emergency Department, Chittagong Medical College, and others 20 B.L.D (AD)(2000) 54. Lawyers Involved: Md. Harun-Or-Rashid-For the Petitioner. M. A. Mannan Mohan, Deputy Attorney-..Category: Women and Children | Date: 27 Jan, 2010 | Hits: 156
Mosammat Rehana Akhter Vs. Rizia Begum and others, 2010, 39 CLC (HCD)
....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. ...... pre-emptor opposite party No.1 filed Preemption Miscellaneous 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 be......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. ......Cases Referred To- Kutu Chand Miah Vs. Rabindra Kumar Deb and others, 22 DLR 29; Md. Khairullah Bhuiyan Vs. Haji Nurul Alam Chowdhury, being dead his heirs Amena Khatun and others, 35 DLR (AD) 338. Lawyers Involved: Abdul Quayum with Sk. Md. Morshed-For the petitioner. Md. Omar Faruque-For the o..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.
......dul Jabbar being dead his heirs Md.
Nurul Amin and others………………………Opposite Party
Judgment
January 6, 2010.
Result:
The rule is discharged.
In a suit for declaration of title and recovery of possession, the plaintiff
must prove his title to and poss......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.
......overy of possession, the plaintiff
must prove his title to and possession and dispossession from the suit land. .....................(11)
Cases Referred to-
2 BLC (AD) 134; 4 BLC 310.
Lawyers Involved:
Md. Serajul Haq - For the petitioners.
M. Hashmat Ullah Sheikh - For th..
Category: Property Law | Date: 6 Jan, 2010 | Hits: 8
Nuvista Pharma Limited Vs. Chairman, National Board of Revenue & ors, 2010, 39 CLC (AD)
....der. In the premises we do not find any merit in the leave petition. In the result, the leave petition is dismissed. Ed. This Case is also Reported in: 65 DLR (AD) (2013) 302. ......by Md. Wahidullah, Advocate-on-Record—For the Petitioner. Murad Reza, Additional Attorney General, instructed bv B. Hossain, Advocate-on-Record—For the ResponÂdents. Civil Petition for Leave to Appeal No.2592 of 2010. (From the judgment and order dated 27.10.2010 passed by t......der. In the premises we do not find any merit in the leave petition. In the result, the leave petition is dismissed. Ed. This Case is also Reported in: 65 DLR (AD) (2013) 302. ......ave petition is dismissed. Cases Referred to- Injunction on the Bank Guarantee cannot sustain in view of the decision of the Uttara Bank Vs. Macneill & Kilburn, 33 DLR (AD) 298. Lawyers Involved: Ajmalul Hossain, QC Senior Advocate, instructed by Md. Wahidullah, Advoc..Category: Business or Commercial Law | Date: 4 Jan, 2010 | Hits: 4
Paresh Chandra Biswas Vs. Sree Sree Shashan Kalimata Idol and others, 2009, 38 CLC (HCD)
....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. ......e deity on earth and is endowed with authority to deal with all its temporal affairs. In a Hindu religious endowment, the entire ownership of the dedicated property vests in the trustee, who holds it for the benefit of Cestui Que trust. The entire ownership of the dedicated property is transferred t......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. ......lip;………………(13) The relation of a Shebait in regard to the debuttor property is not that of a trustee to trust property under the English law. In English Law, the legal estate in the trust property vests in the trustee who holds it for the benefit of the..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. ......) (2010) 584. ......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. ......e Secretary, Ministry of Home Affairs, 5 BLT (AD) 1; Rehana Begum and another Vs. Govt. of Bangladesh and others, 18 BLD 410; Mt. Bhagwati Vs. Dist. Judge of Aligarh AIR 1933, Allahabad 480. Lawyers Involved: Humayun Hossain Khan, Senior Advocate with Md. Shahjahan, Advocate, Apeal Uddin..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. ......eneral, instructed by Mrs. Sufia Khatun, Advocate-on-Record-For the petitioners. Syed Mahbubar Rahman, Advocate-on-Record-For the Respondent. Civil Petition for Leave to Appeal No.1889 of 2009. (From the judgment and order dated 11.08.2009 passed by the ......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. ......ary, Ministry of Education and another..............................Petitioners Vs. Syed Md. Belayet Hossain ........................................Respondent Order December 10, 2009. Lawyers Involved: A.K.M. Zahirul Haque, Additional Attorney General, instructed by Mrs. Sufia Kha..Category: Employment/Service Law | Date: 10 Dec, 2009 | Hits: 159
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. ......ed-C petitioners contending inter alia, that his daughter Minara Parvin was given in marriage with the accused Saiful Islam. After the said marriage accused-petitioner demanded Tk.50,000/- as dowry for getting a job in police department and the complainant made payment of Tk.50,000/- in cash to t...... 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. ......€¦(11) Cases Referred to- Abul Kashem Khan Vs. the State, 56 DLR 435; Nakib Ashrab Ali Vs. the State and another, 7 BLT 370; Md. Ismail Vs. Md. Rafiqul Islam and others, 27 BLD (AD) 247. Lawyers Involved: Md. Shakhawat H.Khan, Advocate - For the petitioners. Sarwar Ahmed with ..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 ......dgment November 22, 2009. Result: The Rules are made absolute. Prior Show Cause Notice With Adequate Explanation It is fundamental principle of administrative law that before any order is passed which is likely to adversely affect a person it is essential that he be giv......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 ......gladesh, 60 DLR 61; Bangladesh Vs. Md. Selim Reza, 2003 BLD (AD) 193 = 8 BLC (AD) 126;R.v. Sussex Justices, ex p. McCarthy, (1924) 1 KB 256, 259; Zakir Ahmed Vs. University of Dacca, 16 DLR 361. Lawyers Involved: Zainul Abedin with SM Atikur Rahman—For the Petitioners (In all the Wri..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:
......ed 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:
......
The Mayor, Dhaka City Corporation and other.....................Respondents.
Judgment
November 17, 2009.
Result:
The Rule is made absolute without any order as to costs.
Lawyers Involved:
Md. Manzill
Murshid, Advocate - For the Petitioner.
M.A. Baqui,
Advoca..
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 . ......ions 138 & 141 In order to make person liable under section 138, the payee of the cheque has to give a notice in writing to the drawer of the cheque within thirty days of the receipt of information by him from the Bank regarding the return of the cheque as unpaid. The drawer of the cheq......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 . ......ging Director, 10 BLC (HCD) 747; S A Sultan Vs. The State and another, 44 DLR (AD) 139; Aminur Rahman (Md.) Vs. State and another, 8 BLC 518; Nurul Islam Vs. State and another, 49 DLR (HCD) 464. Lawyers Involved: Mohd. Ziaul Hoque, Advocate - For the Accused-Petitioner. Ms. Bead..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 ......nd Records, 58 DLR 397=11 MLR 226; Capital Co-operative Housing Society Ltd Vs. Bangladesh 45 DLR 289. Lawyers Involved: Md. Khalilur Rahman, Advocate—For the Petitioners. SRM Lutfor Rahman Akand, Advocate—For the Respondent No. 4. Writ Petition No. 2232 of 2003. ......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 ......red to- Romisa Khanam Vs. Bangladesh 61 DLR 18; Md. Abtab Ali Sheikh Vs. Director of Land Records, 58 DLR 397=11 MLR 226; Capital Co-operative Housing Society Ltd Vs. Bangladesh 45 DLR 289. Lawyers Involved: Md. Khalilur Rahman, Advocate—For the Petitioners. SRM Lutfor Rahm..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. ......nd order dated 23.07.2008 passed by the High Court Division in Writ Petition Nos.2094, 2396, 3365, 361, 4240, 2472, 2239 and 3259 of 2007). Judgment A B M Khairul Haque J. - These petitions for leave to appeal are in respect of the judgment and order dated 23.07.2008 passed by the High Cou......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. ......1183 of 2009) Dr. Kamrun Nahar and others.................Respondents (In Civil Petition No.1225 of 2009) Judgment October 14, 2009. Result: The petitions are dismissed. Lawyers Involved: Rokonuddin Mahmud, Senior Advocate, instructed by Md. Zahirul Islam, Advocate..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. ......sion Rules, 2007…………………(14) Interpretation of statute When a statute requires that something shall be done or done in a particular manner or form, without expressly declaring what shall be the consequence of non-compliance, is the requiremen......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. ......led would cause injustice to the accused…………………….(21-23) Case Referred to- Abdur Rashid Vs. the State, 60 DLR ( HCD) (2008) 629. Lawyers Involved: Subrata Saha with Md. Belayet Hossain - For the Accused-petitioner . A...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. ......ode prescribed the circumstances when a plaint would be liable to be rejected. In the cause title of the application of this case, the provisions of Sections 13 and 28 were found and relief is prayed for under section 27 of House Rent Control Act, 1991 have been invoked. In such circumstance the app...... 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. ......conceived…………………………………..(10) Case Referred to- Safaruddin Vs. Fazlul Haque, 49 DLR (AD) 151. Lawyers Involved: No one appears - For the petitioner. No one appears- For the Oppos..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. ......ation of rape, where there is no independent eye witness and the only evidence is that of the prosecutrix herself and of those to whom it was reported, the Courts are not left with any objective test for gauging the truth of the story of the prosecutrix. In a case of this kind, it is very necessary ......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. ......lf 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: Md. Omar Ali Khan with Md. Humayun Kabir, Advocates - For the Appellant Nos.1..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)
.... judgment is circulated to all Judicial Officers in the service of the Republic. Md. Fazlur Rahman J. - I agree. This Case is also Reported in: 30 BLD (HCD) (2010) 369; 15 MLR (HCD)(2010) 59. ......, 1974 and section 14(1) of the Nari-o-Shishu Nirjatan Daman Ain, 2000] was allegedly raped by her neighbour and distant relative [identity withheld]. The parents of the girl, after getting treatment for her from a local clinic, took her for better treatment to the Osmani Medical College Hospital, S...... judgment is circulated to all Judicial Officers in the service of the Republic. Md. Fazlur Rahman J. - I agree. This Case is also Reported in: 30 BLD (HCD) (2010) 369; 15 MLR (HCD)(2010) 59. ......iction) Present: Md. Imman Ali J Md. Fazlur Rahman J State......................................................................................Petitioner Vs. Secretary, Ministry of Law, Justice & Parliamentary Affairs and others ..........Respondents Judgment September 3..Category: Women and Children | Date: 3 Sep, 2009 | Hits: 198
....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.
......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 the order dated 31.1......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.
..................(18)
Cases Referred to-
Halima Begum and
others Vs. Syed Ahmed and others, 21 DLR 854; Shamsul Hoque and others Vs. Moze
Ali Mollah and others, 4 BLC 178; 16 DLR 298.
Lawyers Involved:
Mostafa Neaz Mahmud with Dr. Mohammad Abul Bashar,
Advocate - For the Petiti..
Category: Property Law | Date: 25 Aug, 2009 | Hits: 3
Shamsul Hossain Vs. Anwar Hossain and others, 2009, 38 CLC (HCD)
....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 ......e in possession, his name was finally published in CS khatian. Thereafter, he transferred the suit land to M/s Rally Brothers, a famous Jute Company under which hundreds of day labourers were working for carrying jute from the jute dealers’ (bepary) boat to the mill. Day labourers used to get ......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 ......gment August 20, 2009. Result: The Appeals are allowed. Cases Referred to- Suruj Mai Vs. Babu Lola, AIR 1985 Delhi 96;Hazera Begum Vs. Rowshan Ara Begum, 39 DLR (AD) 22; Lawyers Involved: MA Azim Khair, Advocate—For the Appellant (In First Appeal No. 48 of 19..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. ......opposite party to show cause as to why the proceedings of Metro Sessions Case No.2155 of 2006 arising out of CR No.2612 of 2005 under section 138 of the Negotiable Instruments Act, 1881 now pending before the court of Metro. Assistant Sessions Judge, 5th Court, Dhaka should not be quashed. 2. T......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. ......ties Judgment August 16, 2009. Cases Referred To- Nizamuddin Mahmood Vs. Abdul Hamid Bhuiyan and others, 60 DLR (AD)195; SW Palanitkar Vs. State of Bihar, 2002 SCC (Cri) 129. Lawyers Involved: Md. Abul Hossain, Advocate-For the Petitioner MA Muntakim, Advocate - Fo..Category: Banking Law | Date: 16 Aug, 2009 | Hits: 190
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