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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:......fendant. 3. The defendant No.1 contested the suit by filing a written statement alleging inter alia that the defendant has taken loan from the plaintiff bank, earlier to the case loan and he was recorded as a bona fide loanee and being satisfied with the conduct of the defendant as loanee the b......2 the plaintiff-Bank became entitled to get Tk.14,4,930/- from the loanee defendants. On 29.10.91 while the plaintiff Bank was taking preparation for filing a suit against the loanee defendants after service of the legal notice on 22.12.91 the defendants filed an application praying for remission of..Category: Banking Law | Date: 23 Jun, 2009 | Hits: 153
Sree Pintoo Pal Vs. State, 2009, 38 CLC (HCD)
....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. ......ion who after taking the task of investigation, visited the place of occurrence, prepared sketch map of the place of occurrence with separate index thereof, seized alamats through seizure list and recorded the statements of witnesses under section 161 of the Code of Criminal Procedure and thereaf......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)
....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. ....... The appellants by filing affidavit-in-opposition stated that writ petitioner did not take any permission from any authority for prosecuting higher studies. Further the appellants claimed that after service rules of PDB came into force in 1982 providing that the service conditions of the employees ..Category: Employment/Service Law | Date: 3 Jun, 2009 | Hits: 256
Bangladesh Power Development Board & others Vs. Abu Bakar Siddique & anothers, 2009, 38 CLC (HCD)
....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. ....... The appellants by filing affidavit-in-opposition stated that writ petitioner did not take any permission from any authority for prosecuting higher studies. Further the appellants claimed that after service rules of PDB came into force in 1982 providing that the service conditions of the employees ..Category: Employment/Service Law | Date: 3 Jun, 2009 | Hits: 3
Emran Ahmed & 20 anothers Vs. Bangladesh and others, 2009, 38 CLC (HCD)
....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. ......the petitioners have become victim to this arbitrary policy after having completed several years of service to their credit. The learned Advocates further submit many Captains with inferior service records than the petitioners have been allowed to continue in the service of Biman despite completin......ules are made absolute. The Bangladesh Biman Corporation Employee (Service) Regulations, 1979; Regulation 52(1) Regulation 52 (1) gives the Biman authority ample discretion in terminating the services of an employee as it desires without assigning any reason by giving him a mere three prior ..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)
....s of the case. So the contentions advanced by the learned Counsel for the petitioners are correct exposition of law and facts. Therefore, the legal pleas taken by him prevails and appears to have a good deal of force. 13. Having considered the facts and circumstances of the case and foregoin...... challenge is not an exparte decree. So the application under the Provisions of Order IX Rule 13 of the Code cannot be entertained. Secondly the learned judge without appreciating the materials on record and provisions of law, allowed such application, causing serious miscarriage of justice. ...... the plaintiffs witnesses. Lastly the suit was decreed on contest on 21-06-1998. Afterwards, on 21-10-1998, the defendants filed application under order IX Rule 13 of the Code on the ground of non service of summons. 8. Order IX Rule 13 of the Code provides for "setting aside decree ex part..Category: Procedural Law | Date: 28 May, 2009 | Hits: 3
Sheikh Md. Nurul Haque Vs. State and another, 2009, 38 CLC (HCD)
....Magistrate, Khulna Contending, inter alia, that the complainant was a business man maintaining business for long time with reputation that on the other hand, the accused petitioner used to purchase goods (construction materials) from him by cash or by cheque; that on 30-04-2005 the accused petitio......g of receiving date of the legal notice in the petition of complaint, the case will not be rendered illegal when all other ingredients in filling the case is very much available in the materials on record……………………………………………(17) The Code of Criminal Procedure, 18......ds vacated. Send a copy of this order to the Metropolitan Magistrate, Khulna for compliance. Md. Ataur Rahman Khan J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 162. ..Category: Banking Law | Date: 26 May, 2009 | Hits: 663
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. ......rt of Assistant Judge, Dhaka which was ultimately dismissed on 12.05.2002. Thereafter, the 2nd party preferred Title Appeal No.240 of 2002 in the Court of District Judge, Dhaka. 5. The record of Non-FIR case No.77 of 2001 was sent back to the Court of Metropolitan Magistrate afte......formation and necessary action. Ed. This Case is also Reported in: 29 BLD (HCD) (2009) 399. ..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. ......rimary investigation of the allegation against the teacher found her allegations to be true (The Daily Star, December 24, 2006). Transcripts of the text messages sent to the student were obtained and records of how many calls were made to her and at what time were gathered from the phone company. Th......equal protection of law. 22. Article 29 occurring in the same chapter states, amongst others, that there shall be equality of opportunity for all citizens in respect of employment or office in the service of the Republic and that no citizen shall, on the grounds only of religion, race, caste, sex..Category: Women and Children | Date: 14 May, 2009 | Hits: 330
State Vs. Anjali Debi alias Monju Debi, 2009, 38 CLC (HCD)
....up sections 359, 360, 361, 362, 363, 364, 364A, 365 of the Penal Code and by this jumbled up, a law has been promulgated, which has not been drafted properly, and it stands as harsh law. Harsh law is good law for veteran or seasoned criminals. Harsh law should not be applied in a case when there is ...... condemned prisoner under section 6(1) of the said Ain, 2000 on 30-4-2002. In the charge sheet, 12 persons have been cited as witness. The case having fallen under the aforesaid Ain of 2000, the case record was sent to the Court of Nari-o-Shishu Nirjatan Daman Tribunal, Pabna, where charge was frame......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. ......eipt of the legal notice but the accused petitioner did not pay the money. Hence the case. 3. The learned Chief Metropolitan Magistrate perused the complaint petition, examined the complainant and recorded his statement under section 200 of the Code of Criminal Procedure and took cognizance and i......cused petitioner did not turn up to clear the dues after getting notice as per the provision of law. 14. The only contention of the accused petitioner is that there is no mentioning of the date of service of notice and thus cause of action does not arise for the instant case and, as such, the pro..Category: Banking Law | Date: 4 May, 2009 | Hits: 280
Zahed Hossain (Md.) Vs. State and another, 2009, 38 CLC (HCD)
....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. ...... and without jurisdiction. He further submits that in view of the above, the case was registered as Sessions Case No. 1110 of 2006 by the Metropolitan Sessions Judge Chittagong on receipt of the case record from the Chief Metropolitan Magistrate, Chittagong is also illegal and without jurisdiction a......anding dishonored cheque money on 28-3-2006 by two registered post, one in the accused-petitioner's home address and another in his business address but both were returned by the postal peons without service upon the accused petitioner. He further submits that under the proviso to 138 of the Negotia..Category: Procedural Law | Date: 29 Apr, 2009 | Hits: 135
Dr. M. A. Yahia Vs. Md. Abdul Quader and others, 2009, 38 CLC (AD)
....therefore, no substance, in the leave petition and the same is dismissed accordingly. Ed. Case is also Reported in: 14 MLR (AD) (2009) 235; 29 BLD (AD) (2009) 59; 14 BLC (AD) (2009) 109. ......t the land mutated in their joint names through Mutation Case No.4893 of 2002 dated 13.05.202 and possessed the land by payment of rents and taxes to the respective authorities. Their names were also recorded in the Mahanagar Survey and a new khatian was accordingly prepared in their names. On 08.09...... Rule absolute on discussion and proper consideration ,of the fads and law involved in the case holding that a registered deed of lease of immovable property for 99 years could only be determined by (service of a notice under Section 106 of the Transfer of Property Act, 1882 and such a lease deed ca..Category: Property Law | Date: 15 Apr, 2009 | Hits: 36
Md. Abdur Rashid & others Vs. Most. Amena Khatun and others, 2009, 38 CLC (HCD)
....But the plaintiffs did neither deny the execution of such deeds nor discharge such onus on them even though the opportunity to discharge such onus was open to them. 17. There is a presumption of good faith in human transaction and who alleges bad faith such as fraud needs to prove the same. In ...... the aforesaid pertinent aspects of the matter although the appellate Court, ultimately, allowed the appeal on other aspects of the matter in consideration of the evidence available on record and as such there is no reason to interfere with the impugned judgment and decree passed by t...... 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
....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.
......itioner has filed this petition for leave to appeal.
9. Heard the learned Counsel and perused the petition and the impugned judgment and order of the High Court Division and other papers on record.
10. It appears that long before assuming the office by the present petitioner the respo......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.
..
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. ......le to set aside. 8. The Advocate-on-Record appearing for the respondent Nos.1-1(b), 1(d)-1-(k) and 2-9 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 ......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. ..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. ......eipt of this order. Send down the Lower Court Records at once. Ed. This Case is also Reported in: 29 BLD (HCD) (2009) 394. ......missed the suit against which the plaintiffs preferred an appeal being No.218 of 2002 before the learned District Judge, Sylhet. The plaintiff-appellants in that appeal prayed for dispensing with the service of notices upon the respondent Nos.4-62, as they did not contest the suit, whereupon the lea..Category: Property Law | Date: 9 Apr, 2009 | Hits: 2
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. ......ous Case No.13454 of 2008. 6. In the meanwhile, charge sheet having been submitted against accused Mintu alias Md. Muksed Bhuiyan for the offence punishable under section 7 of the Ain, 2000, the record of the case was sent to the learned Nari-o-Shishu Nirjatan Daman Tribunal, Narayanganj where ......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. ..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. ...... 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 correct decision and there is no illegality or infirmity in the above decision s......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. ..Category: Banking Law | Date: 26 Feb, 2009 | Hits: 150
Fahima Nasrin Vs. Government of Bangladesh and others, 2009, 38 CLC (HCD)
.... into the Court’s order. She submitted that, on the other hand, section 67 of the Act provides for discharge of any inmate of any certified institute or approved home, particularly on the ground of good behaviour, which is liable to be monitored under the provisions of the Children Rules, 1976 (th......offenders until he reached the age of 18 years. On 17.08.2006 Rony was sent from Kushtia District Jail to the Kishore Unnayan Kendra (KUK) (Youth Development Centre) at Jessore. His date of birth was recorded as 09.05.89 and, therefore, he would be 18 years of age on 09.05.2007. On 03.05.2007 the As......mitted and the sentence imposed. This is where the learned Judge must weigh in the balance all facts relating to the antecedents and background of the child, which he should glean from the use of the services of the Probation Officer. We can only reiterate the submissions of Mr. Islam and Mr. Mahmoo..Category: Women and Children | Date: 11 Feb, 2009 | Hits: 189
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