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Rezaul Kabir (Md.) and another Vs. Bangladesh and others, 2009, 38 CLC (HCD)
....ful authority and is of no legal effect and/or pass such other or further order or orders as this Court may seem fit and proper . 2. All these Rules concern common question of laws and facts and are being disposed of by this single judgment. 3. In all these Rules the Petitioners ......CD) (2015) 19 ......s were appointed by the Mayor of Barisal City Corporation who was the Executive head of the said Corporation and subsequently the appointments were rectified by the Corporation in its meeting as evidenced from (Annexure G) . Thus pursuant to section 36 of the Barisal City Corporation Ordinance,..Category: Administrative Law, Employment/Service Law | Date: 22 Nov, 2009 | Hits: 3
....ance, 1983 alive Dhaka City Corporation 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 mad......lso 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)
....olitan Sessions Judge (in-charge), Second Court, Chittagong should not be quashed and/or such other or further order or orders passed as to this Court might seem fit and proper. 2. In short, the facts relevant for disposal of this Rule are as follows: One A.K.M. Baset, Attorney of the oppo......urt High Court Division (Criminal) Present: Afzal Hossain Ahmed J Md. Abdus Samad J Md. Jubayer…………………………..Accused-Petitioner Vs. The State and others…………………………….Opposite Parties Judgment November 09, 2009. ......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 ......nts Judgment October 28, 2009. Result: this Rule is made absolute. Cases Referred 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 2......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)
....f the judgment and order dated 23.07.2008 passed by the High Court Division in making all the Rules absolute in Writ Petition Nos.2094, 2396, 3365, 361, 4240, 2472, 2239 and 3259 of 2007. 2. The facts leading to the filing of the above noted writ petitions, in brief, are that Bangladesh Public ...... Present: MM Ruhul Amin CJ Mohammad Fazlul Karim J Md. Joynul Abedin J Md. Abdul Matin J Shah Abu Nayeem Mominur Rahman J ABM Khairul Haque J Dr. Mir Jamal Uddin and others..................Petitioners (In Civil Petition No.1158-59 of 2009) Dr. Shafiuddin A......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)
.... of a case under Section 161 of the Penal Code read with Section 5(2) of the Prevention of Corruption Act, 1947 and Rule 19(Gha) of the Emergency Power Rules, 2007. However, upon consideration of the facts, the case being a trap case, the mandatory provisions of Rule 16(1) of the Anti-Corruption Com...... Present: Afzal Hossain Ahmed J Md. Abdus Samad J Md. Rezaul Kabir………………………..Accused-petitioner Vs. The State and another…………………………..Opposit......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
Abdul Latif alias Kahinur alias Kahin and other Vs. State, 2009, 38 CLC (HCD)
....urt that at the time of rape she was unconscious. 31. It appears from the record that the appellants have so far already served out nearly nine (9) years in confinement. 32. Considering the facts and circumstances of the case, we are of the view that it will be unsafe to convict the appell......11) 245. ......ed. The Nari-o-Shishu Nirjatan (Bishesh Bidhan) Ain, 1995 (Act No. XVIII of 1995); section 6(3) In a case with an allegation 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..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)
.... the learned Magistrate who believes that an application from the parents is necessary, and under that misconception ordered the girl to be held in safe custody, acted illegally and inhumanely in the facts and circumstances of the case. It is only natural that the best interests of a seven year old ...... Md. Fazlur Rahman J State......................................................................................Petitioner Vs. Secretary, Ministry of Law, Justice & Parliamentary Affairs and others ..........Respondents Judgment September 3, 2009. Result: The Rule is dispose...... 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. ..Category: Women and Children | Date: 3 Sep, 2009 | Hits: 198
....o the order
41 Rule 31 of the Code of Civil Procedure and thereby, committed no error of
law and as such, calls for no interference by this Hon'ble Court in revision.
He further submitted that the facts having been resolved by the Courts below
concurrently, it does not warrant interference by th......urt Division
(Civil)
Present:
Md. Mamtaz Uddin Ahmed J
Tobarak Ali Bepari…………………………Petitioner
Vs.
Hachen Kha Being
Dead His Heirs 1(A) Razzak Kha and others…………………….Opposite Parties
Judgment
August 25, 2009.
Result......rail Court preferred appeal
before the District Judge, Faridpur. After hearing the parties the appeal was
allowed and the pre-emption case was remanded to the Trial Court for trial
afresh on fresh evidence giving opportunity to the parties.
7. After the
remand, the Trial Court after hearing..
Category: Property Law | Date: 25 Aug, 2009 | Hits: 3
Sheikh Mashuk Rahman Vs. State and another, 2009, 38 CLC (HCD)
.... Negotiable Instruments Act, 1881 now pending before the court of Metro. Assistant Sessions Judge, 5th Court, Dhaka should not be quashed. 2. The case started upon a petition of complaint on the facts, shortly as follows: The petitioner started business on behalf of his firm Angel Computer......h Court Division (Criminal Miscellaneous Jurisdiction) Present: AKM Asaduzzaman J Md. Rezaul Hasan J Sheikh Mashuk Rahman..…………………Petitioner Vs. State and another……............Opposite Parties Judgment August 16, 2009. Cases Referre......he learned Counsel for the accused petitioner as to whether the notice served or not, as required to be served under section 138 of NI Act, is essentially a question of fact, to be proved by adducing evidence at the time of trial, inasmuch as there is specific assertion in the complaint petition tha..Category: Banking Law | Date: 16 Aug, 2009 | Hits: 190
Shafiullah Chowdhury and others Vs. State, 2009, 38 CLC (HCD)
....rson shall retain any property. To constitute an offence punishable under section 420 of Penal Code, there must be allegation of deception at the initial stage of the transaction. 12. From the facts disclosed in the First Information Report and the charge sheet it can not be said that the ac......490. ......ed charge against the accused petitioner No.1 under section 420/406 of the Penal Code and against the accused petitioner Nos.2 and 3 under section 420/406/34 of the Penal Code fixing 10.1.2007 for evidence. 5. Thereafter the accused petitioners moved this Court with this application for set..Category: Procedural Law | Date: 12 Aug, 2009 | Hits: 8
Sree Ashish Kumar Shaha Roy Vs. Al-Haj Md. Wasidul Islam and others, 2009, 38 CLC (AD)
....Procedure and a Division Bench of the High Court Division found that there was nothing to interfere with the judgment of the courts below and that there was no ground to interfere with the finding of facts and accordingly by judgment and order dated 28.4.2008 summarily rejected the said application.......rt Appellate Division (Civil) Present: MM Ruthful Amin CJ BK Das J Md. Muzammel Hossain J Sree Ashish Kumar Shaha Roy..............Plaintiff-appellant-petitioner Vs. Al-Haj Md. Wasidul Islam and others………Principal-defendants-opposite parties Judgment July 23, 2009. Result: This pe......ther claimed 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 a..Category: Property Law | Date: 23 Jul, 2009 | Hits: 6
Dr. Mohiuddin Khan Alamgir Vs. ACC and another, 2009, 38 CLC (HCD)
....d. Since the appellant is on bail, let him be released from the bail bond. Send down the lower Court records at once. Ed. This Case is also Reported in: 15 BLC (HCD) (2010) 107. ...... Court Division (Criminal Appellate Jurisdiction) Present: SM Dastagir Husain J Md. Raisuddin J Dr. Mohiuddin Khan Alamgir.................Convict-Appellant Vs. ACC and another....................Respondents Judgment July 13, 2009. Result: The a......2007 which is void ab initio, the entire proceeding and the judgment of conviction based on such void notice is also void and is liable to be set aside. 24. Mr. Ahsanul Karim then took us to the evidence given by the prosecution witnesses. He placed before us the relevant position of the eviden..Category: Anti-Corruption Laws | Date: 13 Jul, 2009 | Hits: 286
....r calls in question the legality and propriety of judgment and decree dated 18-03-1998 passed by learned Senior Assistant Judge, third Court, Dhaka, decreeing S.C.C. Suit No.05 of 1996.
2. Short facts leading to this Rule are that on 21-03-1996 Nani Gopal Sen predecessor of opposite party nos. ......aul Karim J
Radha Shyam Sarker……………………………..Petitioner
Vs.
Nani Gopal Sen being dead his heirs: Ashesh Kumer and others.......................Opposite parties
Judgment
July 5, 2009.
Result:
......ards the defendant is depositing the rent in House Rent Case No.117 of 1985. Significantly, Tk. 40,000/- paid by defendant to plaintiff as advance is still lying with the plaintiff. On appraisal evidence on record it appears that evidence of defendant regarding payment of rents, advance money e..
Category: Tenancy Law | Date: 5 Jul, 2009 | Hits: 154
Most. Abu Tara Vs. Md. Abdur Rahim Khan and others, 2009, 38 CLC (HCD)
....ip;…………………….Plaintiff-Appellant-Opposite Party Judgment June 25, 2009. Result: The rule is discharged. The finding of facts whether concurrent or not arrived at by the lower appellate Court is final unless it is manife......Present: Syed Abu Kowser Md. Dabirush Shan J Most. Abu Tara……………………Defendant-Respondent Petitioner Vs. Md. Abdur Rahim Khan and others……………………….Plaintiff-Appella......lleged Bainanama 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 Judg..Category: Evidence Law | Date: 25 Jun, 2009 | Hits: 42
Sree Pintoo Pal Vs. State, 2009, 38 CLC (HCD)
....use as maid servant and that he has been falsely implicated in this case at the instance of his enemies of the locality. 8. Thereafter on consideration of the evidence on record as well as the facts and circumstances of the case, the learned Judge, Nari-O-Shishu Nirjatan Daman Tribunal found......€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦Opposite Party Judgment June 22, 2009. Result: The appeal is allowed. Presumption of innocence The fundamental and basic presumption in the administration of Criminal law and justice delivery system is that th......l law and justice delivery system is that the accused should be presumed to be innocent till the charges are proved beyond reasonable doubt on the basis of clear, cogent, credible or unimpeachable evidence. In a criminal trial, the burden of proving guilt of the accused beyond all reasonable dou..Category: Women and Children | Date: 22 Jun, 2009 | Hits: 9
Bangladesh Power Development Board & others Vs. Abu Bakar Siddique & anothers, 2009, 38 CLC (AD)
....he High Court Division in Writ Petition Nos.2977, 2975, 2974, 2976, 2978, 2981, 2984, 2985, 2986, 2987, 2988, 2990, 2991, 2983, 2982, 2972, 2973 and 2989 of 2001 making the Rule absolute. 2. The facts involved in the cases, in short, are that the respondents in the writ petitions made a prayers......M Zahir, Senior Advocate with Azizul Huq Advocate, instructed by Md. Aftab Hossain, Advocate-on Record-For the Respondents (As added). Civil Appeal Nos. 341-358 of 2003. (From the judgment and order dated the 16th day of March, 2003 passed by the High Court Division in Writ Petition Nos.2......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)
....he High Court Division in Writ Petition Nos.2977, 2975, 2974, 2976, 2978, 2981, 2984, 2985, 2986, 2987, 2988, 2990, 2991, 2983, 2982, 2972, 2973 and 2989 of 2001 making the Rule absolute. 2. The facts involved in the cases, in short, are that the respondents in the writ petitions made a prayers......M Zahir, Senior Advocate with Azizul Huq Advocate, instructed by Md. Aftab Hossain, Advocate-on Record-For the Respondents (As added). Civil Appeal Nos. 341-358 of 2003. (From the judgment and order dated the 16th day of March, 2003 passed by the High Court Division in Writ Petition Nos.2......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)
.... Writ Petition No.12157 of 2006, Writ Petition No.4194 of 2007 and Writ Petition Nos.553, 554 and 983 of 2009. Judgment Tariq ul Hakim J.- All these Rules concerns common questions of law and facts and were heard together and are being disposed of by this single Judgment. In all the matters ......t High Court Division (Special Original Jurisdiction) Present: Tariq ul Hakim J Md. Azizul Haque J Emran Ahmed & 20 anothers…………….....Petitioners Vs. Bangladesh and others…………………Respondents Judgment June 2, 2009. Result: All the Rules ......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. ..Category: Employment/Service Law | Date: 2 Jun, 2009 | Hits: 35
Md. Babul Hossain Mollah and others Vs. Hasneara Begum and others, 2009, 38 CLC (HCD)
....ed by learned Subordinate Judge, First Court, Gazipur, allowing Misc. Case No.40 of 1998 filed under Order IX Rule 13 and section 151 of the Code of Civil Procedure (briefly as Code). 2. Short facts leading to this Rule are that on 08-11-1995 the petitioners as plaintiffs instituted Title S...... This Case is also Reported in: 30 BLD (HCD) (2010) 312. ......mination of plaintiffs witnesses are fraudulent acts of plaintiffs and all those, were shown to have been done fraudulently. 10. The defendants also miserably failed to prove by corroborative evidence, that their appearance in suit were fraudulently shown. There is no definite findings of t..Category: Procedural Law | Date: 28 May, 2009 | Hits: 3
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