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Shafiullah Chowdhury and others Vs. State, 2009, 38 CLC (HCD)
.... the Rule is hereby vacated. Communicate copy of this judgment to the concerned Court where the case is pending. Ed. This Case is also Reported in: 14 MLR (HCD) (2009) 490. ......l Procedure, 1898 (Act No. V of 1898); section 561A Quashment of criminal proceeding involving civil matter A criminal proceeding can be quashed if the allegations made in the First Information Report and the charge sheet or the petition of complaint do not constitute any criminal o...... the Rule is hereby vacated. Communicate copy of this judgment to the concerned Court where the case is pending. Ed. This Case is also Reported in: 14 MLR (HCD) (2009) 490. ......175; Abdul Karim Vs. Shamsul Alam, 45 DLR 578; AHS Rahman Vs. State, 58 DLR (AD) 63; Shamol Chandra Das Vs. State and another, 1 BLC (AD) 140; Syed Mohammad Hossain Vs. State, 48 DLR (AD) 87. Lawyers Involved: Khair Ezaz Maswood, Advocate with Helal Uddin Molla, Advocate - For the Ac..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)
.... 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. ......parties Judgment July 23, 2009. Result: This petition is dismissed. Lawyers Involved: Gias Uddin Ahmed, Advocate-on-Record-For the Petitioner None represented- the Respondents. Civil Petition for Leave to Appeal No.1601 of 2008. Judgment BK Das J.- This petition for leave to appeal h...... 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. ......oy..............Plaintiff-appellant-petitioner Vs. Al-Haj Md. Wasidul Islam and others………Principal-defendants-opposite parties Judgment July 23, 2009. Result: This petition is dismissed. Lawyers Involved: Gias Uddin Ahmed, Advocate-on-Record-For the Petitioner None represented- the Re..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. ......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. ......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. ...... 181; AIR 1945 (FC) 16; AIR 1948 (PC) 82; 35 DLR (AD) 324; 49 DLR 418; 47 DLR 458; 27 DLR 433; 45 DLR 688; 35 DLR (AD) 91; AIR 1993 (SC) 313; AIR 1945 (FC) 16; AIR 1948 (PC) 82; 17 DLR (SC) 181. Lawyers Involved: Rafique-ul-Huq, Senior Aduocate with Ahsanul Karim, Faheemul Huq, Khairul Ala..Category: Anti-Corruption Laws | Date: 13 Jul, 2009 | Hits: 286
.... 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.
......ni Gopal Sen predecessor of opposite party nos. 1-7 as plaintiffs instituted S.C.C. Suit No.05 of 1996 in the third Court of Senior Assistant Judge, Dhaka, impleading the petitioner as defendant for ejectment from the shop room measuring an area 12' x 4' x 6" situated in holding No...... 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.
...........Opposite parties
Judgment
July 5, 2009.
Result:
The Rule is made absolute.
Case Referred to-
Shamsuddin Ahamed Vs. Mohad. Hassan and others, 31 DLR (AD), 155.
Lawyers Involved:
Md. Garib Newaz, Advocate with Mrs. Maksuda Akhter, Advocate - For the petiti..
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. ...... Judge, 3rd Court, Dhaka, in Title Suit No.177 of 2000 dismissing the suit should not be set aside. 2. On 27.11.2000 the opposite party No.1 as plaintiff instituted a Title Suit No.177 of 2000 before the Court of the then Subordinate Judge, 3rd Court, Dhaka against the petitioner and the profor...... 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. ......owdhury and others, 54 DLR (AD) 26; Khurshid Ali and others Vs. Noorjahan Bewa and others, 15 BLD (AD); Hazari Bala Sana and another Vs. Niron alias Nironjan Mondal and others, 17 BLD (AD) 295. Lawyers Involved: Dr. Rafiqur Rahman with Md. Iqbal Hossain, Advocates - For the Petitioner. ..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:....... R.O. Mymen/442 with a condition to repay the loan in 10 equal installment. Being aggrieved on the stipulated condition the defendants loanee after fulfilling all the conditions & observing the formalities has drawn the loan of Tk.25,000/- from the plaintiff Bank. The defendant No.1 failed to ......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:...... Md. Abu Tariq J Agrani Bank……………..........................Appellant Vs. Md. Abdul Khaleque & another…………Respondents Judgment June 23, 2009. Lawyers Involved: Mrs. Mahmuda Begum, Advocate-For the appellant. No one appears-For the ..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. ......al trial, the burden of proving guilt of the accused beyond all reasonable doubt always rests on the prosecution and on its failure, it can not fall back upon the accused. In a Criminal case, it is for the prosecution to bring the guilt home to the accused…………………………..(28) ......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. ......……..(42) Cases Referred to- Seraj Talukder Vs. State, 3 BLC 182; Shan Khan Vs. The State, 18 DLR (WP) (1966) 91; Daler Sing Vs. State, 1955 Cr.L.J 614; Alkas Mia Vs. State, 25 DLR 378. Lawyers Involved: Abdur Razzaque Miah with Nazmul Karim - For the appellant. Sakila Rowsh..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. ......7, 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 for direction upon the appellants to allow the benefit of one step out of turn promotion in accordan......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. ......p; others.........Appellants Vs. Abu Bakar Siddique & anothers………………………..Respondents Judgment June 3, 2009. Result: The appeals are allowed . Lawyers Involved: Dr. Rafiqur Rahman, senior Advocate, instructed by Serajur Rahman, Advocate-..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. ......7, 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 for direction upon the appellants to allow the benefit of one step out of turn promotion in accordan......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. ......mp; others.........Appellants Vs. Abu Bakar Siddique & anothers………………………..Respondents Judgment June 3, 2009. Result: The appeals are allowed. Lawyers Involved: Dr. Rafiqur Rahman, senior Advocate, instructed by Serajur Rahman, Advocate-..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. ......on 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 months notice or the salary for the said period. However, such power shall only be used sparingly and with fairness. Every emplo......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. ......sion and Distribution Limited, 42 DLR 33; Central Inland Water Transport Corporation Ltd. Vs. Brojo Nath, AIR 1986 SC 1571; Delhi Transport Corporation Vs. DTC Mazdoor Congress, AIR 1991 (SC) 101. Lawyers Involved: Salauddin Dolon, Advocate - For the Petitioners (In Writ Petition Nos.4194 of 2..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)
....fice is directed to send down the records of the case at once with a copy of judgment for information and necessary action. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 312. ......visions of the Code cannot be invoked. It is well settled that where decree in question was granted on merit, it means that the defendants filed written statement and examined plaintiff witnesses before absenting themselves. Defendants had not challenged such decree on merit, therefore decree in ......fice is directed to send down the records of the case at once with a copy of judgment for information and necessary action. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 312. ......nts had not challenged such decree on merit, therefore decree in question having been granted on merit could not be set aside under Order IX Rule 13 of the Code……………………..(11) Lawyers Involved: J.K. Paul, Advocate, with Banamali Nandi, Advocate - For the Petitioners. ..Category: Procedural Law | Date: 28 May, 2009 | Hits: 3
Sheikh Md. Nurul Haque Vs. State and another, 2009, 38 CLC (HCD)
....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. ......s in Case No.451 of 2005 under section 138 of the Negotiable Instruments Act, 1881 now pending in the Court of the learned Metropolitan Magistrate, Khulna should not be quashed. 2. Necessary facts for the purpose of disposal of the Rule, in short, is that, on 26-05-2005 the Complainant opposite......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. ......………………………………(20) Cases Referred to- Ali Akkas Vs. Enayet Hossain and others, 17 BLD (AD) 44; Nizamuddin Mahmood Vs. Abdul Hamid Bhuiyan and another, 60 DLR (AD) 195. Lawyers Involved: Khondaker Bashir Ahmed - For the Opposite Party No.2. No one – For the Res..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. ...... It is the general rules of procedure that every case whether Civil or Criminal shall be instituted in the Court of the lowest grade competent to try it. The rule of procedure has got imperative force to comply with it which cannot be overlooked or avoided. The object of this rule is that the C......formation and necessary action. Ed. This Case is also Reported in: 29 BLD (HCD) (2009) 399. ......se………(12) Cases Referred to- Alhaj Rahimuddin Shah Vs. Sirajul Islam and others, 37 DLR 316; Shafiqur Rahman and others Vs. Nurul Islam Chowdhury, 35 DLR (AD) 127. Lawyers Involved: Md. Ahsanullah, Advocate-For the Petitioner. Md. Abdul Khaleque with Faz..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. ...... SC 3011; Hira Nath Misra Vs. Principal Rajendra Medical College, AIR 1973 SC 1260. Lawyers Involved: Mrs. Fawzia Karim Firoze with Mrs. Seema Zahur, Ms. Rebeka Sultana and Ms. Sathi Shahjahan-for the petitioner. Razik Al-Jail, Deputy Attorney General-for respondent No. 3. Dr. Rafiqur ......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. ......9) 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)
....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. ......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 perpetrator or till that stage comes, no one could gather for what purpose the victim was taken by the perpetrator. And total control could not be seen unless......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. ......prisoner has the right to know why he or she was sent to the gallows or why he/she is to die………………(19) The Government should not promulgate parallel law prescribing harsh punishment. Law is for protecting the citizen, not to place the citizen in apprehension that in the name of fair..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. ...... under section 138 of the Negotiable Instruments Act, 1881 now pending in the court of the learned Metropolitan Assistant Sessions Judge, 5th Court, Dhaka should not be quashed. 2. Necessary facts for the purpose of disposal of the Rule, is that, the complainant Tauhid Uddin Ahmed, failed a CR Ca......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. ...... Vs. Abdul Hamid Bhuiyan, 60 DLR (AD) 195; Satya Narayan Podder Vs. State, 53 DLR 403; Abdur Rahman Vs. Moklis Ali, 31 DLR (AD) 118; Ali Akkas Vs. Enayet Hossain, 1997 BLD (AD) 44 = 2 BLC (AD) 16. Lawyers Involved: Abdul Jalil with Zahida Khatun, Advocates - For the Petitioner. Yusuf Hossai..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. ...... section 138 of the Negotiable Instruments Act, 1881, which is now pending in the Court of Additional Metropolitan Sessions Judge, 1st Court, Chittagong should not be quashed. 2. Necessary facts for the purpose of disposal of this Rule, that opposite party No. 2 Md. Rafiqul Alain as complainant......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. ......, 16 DLR (SC) 233; KM Zakir Hussain Vs. State, 29 DLR (SC) 250; State Vs. Constable Lai Mia, 44 DLR (AD) 277; PLD 1962 Dacca 424 (DB); Makhan Lal Vs. State, 1965 (2) CrLJ 351 = AIR 1965 Cal 457. Lawyers Involved: AKM Foez with Nurul Huda Ansary. Advocate — For the Accused Petitione..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. ......on under Order 7, Rule 11 of the Code of Civil Procedure should not be set aside and/or such other or further order or orders be passed as to this Court may seem fit and proper. 2. Facts necessary for disposal of this Rule, briefly, be put thus:- The opposite party, as plaintiff, filed a suit ......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. ......…opposite parties Judgment April 21, 2009. Result: The Rule is made absolute. Case Referred to- M. Pentiah and others Vs. Muddala Veeramallappa and others, AIR, 1961 (SC) 1107. Lawyers Involved: Mahmudul Islam with Mr. A. M. Aminuddin and Munshi Moniruzzaman, Advocate - For..Category: Civil Law | Date: 21 Apr, 2009 | Hits: 91
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. ......n-Record-For Respondent No. 4. A. Y. Moshiuzzaman, Advocate, instructed by Md. Nawab Ali, Advocate-on-Record-Respondent Nos. 1-2. Not represented-Respondent Nos. 3, 5-7. Civil Petition for Leave Appeal No. 1460 of 2008. (From the judgment and order dated 13.07.2008 passed by the ......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. ..............................Petitioner Vs. Md. Abdul Quader and others....................Respondents Judgment April 15, 2009. Result: The leave petition is dismissed. Lawyers Involved: Moudud Ahmed, Senior Advocate, instructed by Md. Aftab Hossain, Advocate-on-R..Category: Property Law | Date: 15 Apr, 2009 | Hits: 36
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. ......ant Judge, Mirpur in T.S. No.14 of 1998 dismissing the suit should not be set aside and/or pass such other or further order or orders as to this Court may seem fit and proper. 2. Facts necessary for disposal of this re-visional application, briefly, be put thus:- The plaintiff-respondent-p...... 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. ......dgment April 13, 2009. Result: The Rule is discharged. Cases Referred to- Guru Charan Mondal and others Vs. Sree Bhaba Sindhu Sarkar and others, 1 EX File Plus (AD) 73. Lawyers Involved: Sasti Sarker with Khandaker Nozrul Islam- For the Petitioners. Md. Nurul..Category: Property Law | Date: 13 Apr, 2009 | Hits: 2
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