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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. ......itle Suit No. 133 of 1971 decreeing the suit in part. 2. The facts, in short, are that the deceased Most. Begum Jahanara as the plaintiff filed the above mentioned Title Suit against the appellant for Specific Performance of Contract, contending, inter alia, that the suit property originally belo......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. ...... dead her heirs Suraya Hossain and others .........Respondents Judgment April 13, 2009. Case Referred To- Jahed Ali Mondal and others Vs. Jamini Kanta Dey and others 1987 BLD (AD) 156. Lawyers Involved: Md. Nawab Ali, Advocate-on-Record-For the Appellants. Mahmudul Islam, Senior..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. ...... why the judgment and order dated 16.2.2005 passed in Miscellaneous Case No.9 of 2004 (under Order 41 Rule 21 of the Code of Civil Procedure) by the learned District Judge, Sylhet upon an application for rehearing of Title Appeal No.218 of 2002 should not be set aside and/or pass such other or furth......eipt of this order. Send down the Lower Court Records at once. Ed. This Case is also Reported in: 29 BLD (HCD) (2009) 394. ......…Opposite Parties Judgment April 9, 2009. Result: The Rule is discharged. Case Referred to- Ahejuddin Molla Vs. Hanufa Bibi and others, 26 D.L.R. (1974) 323. Lawyers Involved: Md. Faroque Ahmed with Anjuman-Ara Begum- For the Petitioners. M.A. Jabb..Category: Property Law | Date: 9 Apr, 2009 | Hits: 2
Zahida Ahmed (Liza) Vs. Syed Noor Uddin Ahmed and another, 2009, 38 CLC (HCD)
.... There is no order as to costs. Quamrul Islam Siddiqui J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 168, 29 BLD (HCD) (2009) 375, 14 MLR (HCD) (2009) 465. ......he High Court Division cannot decide the welfare of the child . . . The Family Court while deciding so must take into account the physical condition of the child as well as the law involved for deciding the question of custody. The age of the detenu can not be the sole basis for deciding t...... There is no order as to costs. Quamrul Islam Siddiqui J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 168, 29 BLD (HCD) (2009) 375, 14 MLR (HCD) (2009) 465. ......aker Siddique Vs. S.M.A Bakar and others, 38 DLR (AD) 106; Rumana Afrin Vs. Fakir Ashrafuddin Ahmed and Others, (1996) 1 BLC 517; Abdul Jalil Vs. Sharon Laily Begum Jalil, (1998) 50 DLR (AD) 55. Lawyers Involved: Ms. Sara Hossain - For the petitioner. M. Ashraf Ali - For the responden..Category: Family Law, Women and Children | Date: 16 Mar, 2009 | Hits: 182
Advance Sweater Industry Ltd Vs. Mohiuzzaman Chowdhury and others, 2009, 38 CLC (HCD)
....de absolute without any order as to costs. The impugned judgment and order of the learned Additional District Judge is set aside. Ed. This Case is also Reported in: 21 BLT (HCD) (2013) 16 ......o. 4458 of 2006 Judgment S. K. Sinha J.— A nice and subtle law point is involved in this rule which is whether, an appeal is maintainable under Section 41 of the Artha Rin Ain, 2003 before the learned District Judge against an order of the Artha Rin Adalat in an execution proceeding ......de absolute without any order as to costs. The impugned judgment and order of the learned Additional District Judge is set aside. Ed. This Case is also Reported in: 21 BLT (HCD) (2013) 16 ......hiuzzaman Chowdhury and others……………………Opposite parties Judgment February 18, 2009. Result: The rule is made absolute. Lawyers Involved: Mohammad Hossain—For the petitioner Md. Tamizuddin—For the o..Category: Civil Law, Procedural Law | Date: 18 Feb, 2009 | Hits: 1
Fahima Nasrin Vs. Government of Bangladesh and others, 2009, 38 CLC (HCD)
....the Judiciary. Let the lower Court records be transmitted at once along with a copy of this judgment. Sheikh Abdul Awal J. - I agree. This Case is also Reported in: 61 DLR (HCD) (2009) 232. ......iae. Writ Petition No. 3646 of 2008. Judgment Md. Imman Ali J.- This application was filed by a learned member of the Supreme Court Bar under Article 102(2)(a)(i) of the Constitution in the form of a public interest litigation. Upon hearing the petitioner, Rule Nisi was issued calling upon......the Judiciary. Let the lower Court records be transmitted at once along with a copy of this judgment. Sheikh Abdul Awal J. - I agree. This Case is also Reported in: 61 DLR (HCD) (2009) 232. ......State 7 BLC 409; Hussain Mohammad Ershad Vs. Bangladesh, 2001 BLD (AD) 69 =7 BLC (AD) 67; State Vs. Metropolitan Police Commissioner, 60 DLR 660; State Vs. Md. Roushan Mondal @ Hashem, 59 DLR 72. Lawyers Involved: Ms. Fahima Nasrin, Advocate-In person. Md. Abdus Samad Kamal, Deputy Attorne..Category: Women and Children | Date: 11 Feb, 2009 | Hits: 189
A. J. M. Helal & others Vs. Bangladesh and others, 2009, 38 CLC (HCD)
....surrender their respective bail bond within 2 (two) months from date. Communicate this judgment at once. Ed. This Case is also Reported in: 29 BLD (HCD) (2009) 264. ......ing out of C.R. Case No.150 of 2006 (Bandor Zone) convicting the petitioner under section 138(1) of the Negotiable Instrument Act and sentencing him thereunder to suffer simple imprisonment for 6(six) months and to pay a fine of Tk. 12,30,600/-. 4. Writ petition No.6720 of 2008 is fro......surrender their respective bail bond within 2 (two) months from date. Communicate this judgment at once. Ed. This Case is also Reported in: 29 BLD (HCD) (2009) 264. ......; 2 BLC (AD) 87; 26 BLD (AD) 172; 59 DLR (AD) 26; 17 BLD (AD) 35; 1 MLR (AD) 66; 48 DLR (AD) 6; 52 DLR 4; 52 DLR (AD) 122; 44 DLR (AD) 260; 10 BLD (AD) 190; 26 BLD (AD) 250; 2 BLC 49; 8 MLR 404. Lawyers Involved: Md. Belayet Hossain, Advocate-For the Petitioner (In Writ Petition No.3058 of..Category: Corporate Law | Date: 9 Feb, 2009 | Hits: 5
AJM Helal Vs. Bangladesh and others, 2009, 38 CLC (HCD)
....rs are directed to surrender their respective bail bond within 2(two) months from date. Communicate this judgment at once. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 479. ...... appeal is a continuation of the suit/case and there is no dispute that in the society a class of borrowers or drawers in taking shelter of this principles of law deliberately used to drag the appeal for an indefinite period in order to hang the process of realization of loan money or unpaid cheque'......rs are directed to surrender their respective bail bond within 2(two) months from date. Communicate this judgment at once. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 479. ...... 2 BLC (AD) 35; 1 MLR (AD) 66 = 48 DLR (AD) 6; 2 BLC 49; 52 DLR 4; 52 DLR (AD) 122; 44 DLR (AD) 260; 1990 BLD (AD) 190 = 42 DLR (AD) 219; 2006 BLD (AD) 250 = 59 DLR (AD) 68; MLR 404 = 56 DLR 31. Lawyers Involved: Md. Belayet Hossain, Advocate — For Petitioner (In Writ Petition No. 3058 o..Category: Civil Law | Date: 9 Feb, 2009 | Hits: 45
Sontosh Kumar Shaha Vs. Government of Bangladesh and others, 2009, 38 CLC (HCD)
....s judgment at their end. 72. However, there shall be no order as to costs. Ed. This Case is also Reported in: 29 BLD (HCD) (2009) 301. ......fficial gazette, by implementing the order of withdrawal of suspension of the petitioner dated 26.4.2003 (Annexure-J) along with Memo No.218 dated 26.4.2004 (Annexure N-(9) by placing the same before the General Administration Committee (G.A. Committee) as per rule 3(d)(16) of the High Court Di......s judgment at their end. 72. However, there shall be no order as to costs. Ed. This Case is also Reported in: 29 BLD (HCD) (2009) 301. ......34 DLR (AD) 125; Moshtaque Ahmed Vs. Bangladesh, 34 DLR (AD) 222; Helaluddin Ahmed Vs. Bangladesh, 45 DLR (AD) 1; Mujibur Rahman (Md.) Vs. Government of Bangladesh, 44 DLR (AD) 111 Paragraph 77. Lawyers Involved: Moinul Hosein with Md. Shamim Ul-Alam, Hasan M. S. Azim and A. K. M. Zahirul ..Category: Administrative Law, Constitutional Law | Date: 5 Feb, 2009 | Hits: 2
Dr. Shipra Chaudhury and another Vs. Government of Bangladesh and others, 2009, 38 CLC (HCD)
....rity and in an unlawful manner. 38. There is no order as to costs. I Agree Quamrul Islam Siddiqui J. Ed. This Case is also Reported in: 29 BLD (HCD) (2009) 183. ......respondents to show cause as to why Dr. Humayra Abedin alias Dorothy, daughter of Mohammad Joynal Abedin, now being detained in the custody of respondent Nos.1 and 2 should not be brought before this Court so that it may satisfy itself that she is not being held in custody without lawful a......rity and in an unlawful manner. 38. There is no order as to costs. I Agree Quamrul Islam Siddiqui J. Ed. This Case is also Reported in: 29 BLD (HCD) (2009) 183. ......es Referred to- H.M. Ershad Vs. Bangladesh, 2001 BLD (AD) 69; Apparel Export Promotion Council Vs. Chopra, AIR 1999 SC 625; Ms. Humaira Mehmood Vs. The State, PLD 1999 Lahore 494. Lawyers Involved: Sara Hossain-For the petitioners. Md. Ruhul Quddus with Md. Toufiq Inam-..Category: Women and Children | Date: 19 Jan, 2009 | Hits: 10
Tashin Ali (Md.) Vs. Md. Shamsul Hoque and others, 2009, 38 CLC (HCD)
....ent of the Courts below are hereby affirmed. The order of stay passed earlier is hereby vacated. Send down the LC records. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 220. ...... Result: The rule is discharged. In a pre-emption case there is no scope to consider the title of either party. In order to determine the title, the party concerned is required to file a suit for declaration of title. In case the pre-emptor claimed to acquire the property by way of registere......ent of the Courts below are hereby affirmed. The order of stay passed earlier is hereby vacated. Send down the LC records. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 220. ......to be void and illegal, a Court taking the case for pre-emption cannot ignore and deny the existence of Rent suit as well the title and status of the pre-emptor as claimed.....................(12) Lawyers Involved: Golam Rabbani, Advocate - For the Petitioner. Md. Osman Ghani for Md. ..Category: Property Law | Date: 15 Jan, 2009 | Hits: 38
....pect of possession
until disposal of the aforesaid matter by the learned District Judge.
Send down the record at once.
Ed.
This Case is also Reported in: 61 DLR (HCD) (2009) 141.
......an
order dated 1-6-08 passed by the District Judge at Dhaka in Title Appeal No.
140 of 2008, which dismissed the appeal upon rejection of the application made
under section 5 of the Limitation Act for condonation of delay and affirmed the
ex parte decree dated 29-5-86.
2. Case of the petiti......pect of possession
until disposal of the aforesaid matter by the learned District Judge.
Send down the record at once.
Ed.
This Case is also Reported in: 61 DLR (HCD) (2009) 141.
......nt
December 18, 2008.
Result:
The Rule is made absolute without any order
as to cost.
Case Referred to
Prodip Kumar Chkraborty Vs. Jamila Khatun
Bibi, 51 DLR (AD) 156.
Lawyers
Involved:
MI
Farooque with Subrata Chowdhury and Ruhul Quddus, Advocates — For the ..
Category: Hindu Law | Date: 18 Dec, 2008 | Hits: 22
Nazimuddin (Md.) Chairman Vs. Government of Bangladesh, 2008, 37 CLC (HCD)
.... and discussions as made above, we do not find any merit in this Rule which is accordingly, discharged without any order as to cost. This Case is also Reported in: 61 DLR (HCD) (2009) 81. ......GR Case No. 44 of 2008 now pending in the Special Judge Court No. 6, Sher-e-Bangla Nagar, Dhaka should not be declared to be without lawful authority and is of no legal effect. 2. Facts relevant for disposal of the Rule, in brief, are that the petitioner was arrested by Rapid Action Battalion-1...... and discussions as made above, we do not find any merit in this Rule which is accordingly, discharged without any order as to cost. This Case is also Reported in: 61 DLR (HCD) (2009) 81. ......an ……………………………… Accused-Petitioner Vs. Government of Bangladesh represented by the Secretary, Ministry of Law……………………………Responden..Category: Anti-Corruption Laws | Date: 4 Dec, 2008 | Hits: 149
MM Ali Ispahani Vs. MM Ispahani Ltd., 2008, 37 CLC (HCD)
.... Trust is being handed back to the learned Advocate for the Respondent Nos. 1 to 6 today. There is no order as to costs. Ed. This Case is also Reported in: 29 BLD (HCD) (2009) 206. ......az Rahman, Advocate-For the Respondents. Company Matter No. 40 of 1994. Judgment Syed Refaat Ahmed J.- This Application as filed in 1994 under Section 38 of the Companies Act, 1913 for a rectification of share register has finally come to be disposed of fourteen years later by thi...... Trust is being handed back to the learned Advocate for the Respondent Nos. 1 to 6 today. There is no order as to costs. Ed. This Case is also Reported in: 29 BLD (HCD) (2009) 206. ......elhi; United Bank of India Vs. Naresh Kumar and others, AIR 1997 (SC), 3; Freeman Vs. Buckhurst Park Properties, [1964] 1 All E.R. 630; Tamizul Haque Vs. Shamsul Haque, 43 DLR (AD)(1991), 34. Lawyers Involved: Akhtar Imam, Senior Advocate with Ramzan Ali Sikder and Abdullah Mahmood Has..Category: Company Law | Date: 4 Dec, 2008 | Hits: 505
Abul Kashem (Md.) Vs. Government of Bangladesh and others, 2008, 37 CLC (HCD)
....ithout any order as to cost. The order of stay granted earlier by this Court is hereby vacated and recalled. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 249. ......e nomination paper of the petitioners should not be declared to have been passed illegally, without jurisdiction and without lawful authority and is of no legal effect. 3. The facts necessary for the disposal of the Rules, in brief, are that the petitioners are engaged with the co-operative......ithout any order as to cost. The order of stay granted earlier by this Court is hereby vacated and recalled. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 249. ......e A statute has to be interpreted in its literal meaning after going through the entire provision itself when it is viewed in the context of a particular situation...................(15) Lawyers Involved: Md. Shafique Ahmed with Zaman Akter, Advocates — For the Petitions. (In a..Category: Others | Date: 27 Nov, 2008 | Hits: 4
Mosammat Kazi Shamsunnahar Vs. Md. Ramjan Molla and others, 2008, 37 CLC (HCD)
....s discharged. The judgments and orders of the courts below are hereby affirmed. Send down the lower court records at once. Ed. This Case is also Reported in: 29 BLD (HCD) (2009) 391. ...... order dated 30.04.2000 passed by the learned Senior Assistant Judge, Munshiganj, in Pre-emption Miscellaneous Case No.35 of 1999 allowing the said Miscellaneous Case. 2. The facts involved for disposal of the rule are as follows: The opposite party No.1 as petitioner filed a Pre-empt......s discharged. The judgments and orders of the courts below are hereby affirmed. Send down the lower court records at once. Ed. This Case is also Reported in: 29 BLD (HCD) (2009) 391. ......hman Molla and another Vs. Md. Rehazuddin and others, 8 BLC 479; Abdul Latif Vs. Rashid Ahmed and others, 2 BLC 73; Deputy Commissioner, Jessore Vs. Ershad Ali Moral and others, 25 BLD (AD) 161. Lawyers Involved: Kazi Abdul Khaleque- For the Petitioner. Sheikh Muhd. Serajul Islam..Category: Property Law | Date: 20 Nov, 2008 | Hits: 2
Habibur Rahman Molla Vs. State, 2008, 37 CLC (HCD)
....acated. Let a copy of this judgment and order along with the LCR be sent to the concerned Court at once. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 1, 29 BLD (HCD) (2009) 227. ......the concerned Court at once. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 1, 29 BLD (HCD) (2009) 227. ......acated. Let a copy of this judgment and order along with the LCR be sent to the concerned Court at once. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 1, 29 BLD (HCD) (2009) 227. ......low from construing it in one way or the other………………………..(16) The Anti-Corruption Commission Rules, 2007; Rule 10 The Criminal Law Amendment Act, 1958 (Act No. XL of 1958); section 6A Since consequence has not been given u..Category: Anti-Corruption Laws | Date: 20 Nov, 2008 | Hits: 157
Abdul Hai (Md.) Vs. Bangladesh and others, 2008, 37 CLC (HCD)
....y his all retirement benefits as he is entitled under the law prevailing up to date. However, there shall be no order as to costs. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 485. ...... Abdur Rab, 33 DLR (AD) 143; Yeahia Khan Vs. Government of Bangladesh, Writ Petition No. 5284 of 2004 (unreported). Lawyers Involved: Munsurul Hoque Chowdhury with Md. Yousuf Ali, Advocates — for the petitioner. Salahuddin Ahmed, Attorney General — for the Respondents. Writ Petition......y his all retirement benefits as he is entitled under the law prevailing up to date. However, there shall be no order as to costs. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 485. ......mat Ali (Retired) Vs. Government of Bangladesh, 47 DLR (AD) 1; Bangladesh Vs. Md. Abdur Rab, 33 DLR (AD) 143; Yeahia Khan Vs. Government of Bangladesh, Writ Petition No. 5284 of 2004 (unreported). Lawyers Involved: Munsurul Hoque Chowdhury with Md. Yousuf Ali, Advocates — for the petitioner...Category: Employment/Service Law | Date: 18 Nov, 2008 | Hits: 33
Mosammat Setara Begum Vs. Al-Arafah Islami Bank Ltd. and others, 2008, 37 CLC (HCD)
....w. Office is directed to communicate the order at once with a copy of judgment for information and necessary action. Ed. This Case is also Reported in: 14 MLR (HCD) (2009) 480. ...... to this Rule are that on 21-04-2005 respondent No.1 Al-Arafa Islami Bank Ltd. Moulvi Bazar Branch, (briefly as Bank) instituted Artho Rin Suit No.67 of 2005 impleading the petitioner as defendant for realization of Tk.25,06,408/- with interest till 19-04-2005. 3. Eventually the suit was dec......w. Office is directed to communicate the order at once with a copy of judgment for information and necessary action. Ed. This Case is also Reported in: 14 MLR (HCD) (2009) 480. ......mat Setara Begum..........Petitioner Vs. Al-Arafah Islami Bank Ltd. and others.............Respondents Judgment November 11, 2008. Result: The Rule is discharged. Lawyers Involved: A.R.M. Shahidul Islam, Advocate - For the petitioner Kazi Md. Nurul A..Category: Civil Law | Date: 11 Nov, 2008 | Hits: 4
....ving promotion to the post of Deputy Director as per provision of Bangladesh Water Development Board (Employees) Service Rules. 1982.
Ed.
This Case is also Reported in: 61 DLR (HCD) (2009) 689.
......- This Rule at the instance of the petitioner Khabiruddin Ahmed is directed against the respondents to show cause as to why the action of the respondents in not considering the case of the petitioner for promotion should not be declared to have been taken without any lawful authority and is of no le......ving promotion to the post of Deputy Director as per provision of Bangladesh Water Development Board (Employees) Service Rules. 1982.
Ed.
This Case is also Reported in: 61 DLR (HCD) (2009) 689.
......s made absolute without any order as to cost.
Cases Referred to-
Abdur Razzaque Zoarder Vs. Government of Bangladesh, 58 DLR 245; Udayan Garments (Pvt) Ltd. Vs. Bangladesh, 59 DLR 615.
Lawyers Involved:
Md. Oziullah, Advocate — For the Petitioner.
Md. Zainul Abedin, Advo..
Category: Employment/Service Law | Date: 9 Nov, 2008 | Hits: 117
Akramuzzaman (Md.) alias Babu Vs. Artha Rin Adalat No. 1 Rajbari and others, 2008, 37 CLC (HCD)
....cate the order at once with a copy of judgment for information and necessary action to all respondents. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 638; 15 MLR (HCD) (2010) 1. ......of the principal debtor is co-extensive with that of the guarantor or mortgagor. The creditor is at liberty to pursue either the principal debtor or guarantor or mortgagor according to his sweet will for realization of his dues or he can proceed against both of them simultaneously. Moreover, the lia......cate the order at once with a copy of judgment for information and necessary action to all respondents. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 638; 15 MLR (HCD) (2010) 1. ......03 as a whole, it is obvious that the intention of the legislature is also to protect the right of the substituted heirs of mortgagor and guarantor……………………………………(18) Lawyers Involved: Hasan Foez Siddique, Advocate — For the Petitioner. No one appears —..Category: Civil Law | Date: 5 Nov, 2008 | Hits: 168
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