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Jaharlal Bandapadhya and others vs. Most. Begum Jahanara, 2009, 38 CLC (AD)
.... and that the plaintiff has no cause of action to file this suit and alleged bainapatra is nothing but a forged, fabricated and collusive document and that the alleged transaction is barred under the provision of P. O.92 and 142 of 1972 and prayed for dismissal of the suit. 5. Upon hearing the pa...... plaintiffs as to execution of the documents, which also themselves record the contract, stands. In the circumstances, trial courts' decree is found to have been reversed on erroneous view of the law as to 'onus of proof." 17. In the instant case therefore the appellate court was wrong in r..Category: Property Law | Date: 13 Apr, 2009 | Hits: 74
Abdus Sahid @ Shahid & others Vs. Anowara Begum & others, 2009, 38 CLC (HCD)
.... the petitioners were dispensed with the service of notices upon the opposite parties for they not being contested the suit. It is further argued on behalf of the petitioners that the aid of the provisions of Rule 21 of Order XLI could be invoked only by such a respondent who is entitled to the......hereafter should not have allowed the said defendant-respondents an opportunity to rehear the appeal and as such the impugned judgment and order allowing rehearing of the appeal is not sustainable in law. Moreso, the said Miscellaneous application was time barred and not in form and as such the..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. ......risdiction, the 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 f..Category: Family Law, Women and Children | Date: 16 Mar, 2009 | Hits: 182
Aysha Begum Vs. State, 2009, 38 CLC (HCD)
....uestion of her release or custody was not a matter for determination under section 498 of the Code. Not being an accused charged with commission of any offence she had no scope to seek bail under the provision of sections 496, 497 and 498 of the Code of Criminal Procedure. Thus, the application for ......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
Advance Sweater Industry Ltd Vs. Mohiuzzaman Chowdhury and others, 2009, 38 CLC (HCD)
....and order dated 30th October, 2006 allowed the appeal and reversed that of the Artha Rin Adalat. 4. Mr. Mahmudul Islam, learned Advocate for the petitioner has placed Section 41 along with other provisions of the ArthaRinAdalatAin and submits that an appeal has been provided under Section 41 by......: Mohammad Hossain—For the petitioner Md. Tamizuddin—For the opposite party No. 1 Civil Revision No. 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 t..Category: Civil Law, Procedural Law | Date: 18 Feb, 2009 | Hits: 1
Fahima Nasrin Vs. Government of Bangladesh and others, 2009, 38 CLC (HCD)
....etitioner, Rule Nisi was issued calling upon the respondents No.1-8 to show cause as to why the detenu shall not be released and discharged on his attaining the age of 18 years in accordance with the provisions of section 67 of the Children Act, 1974. 2. The facts of the case, in brief, are that...... UK to take up the cause of the detenu, who had been illegally transferred from the Youth Development Centre to an adult prison upon attaining the age of 18 years and was being detained there without lawful authority. 5. The petitioner pointed out that there have been serious violations of the p..Category: Women and Children | Date: 11 Feb, 2009 | Hits: 189
A. J. M. Helal & others Vs. Bangladesh and others, 2009, 38 CLC (HCD)
....onment for 6(six) months and to pay a fine of Tk.33,74,337/-. 12. In all these writ petitions the learned Advocates on behalf of the petitioners after placing their respective cases asserted the provisions of section 138A of the Negotiable Instrument Act (as amended on 09.02.2006) mainly on 3 (......ition No.8333 of 2008, Writ Petition No.2463 & 2461 of 2008, Writ Petition No.5716 of 2008, Writ Petition No.3524 of 2008. Judgment Sheikh Abdul Awal J.-As common question of facts and law are involved in these writ petitions they are heard together and are being disposed of by this c..Category: Corporate Law | Date: 9 Feb, 2009 | Hits: 5
AJM Helal Vs. Bangladesh and others, 2009, 38 CLC (HCD)
....xts used to take adjournment in order to hang the process of realization of cheque amount. In order to meet such situation the legislature in applying their wisdom inserted section 138A providing the provision for depositing not less than 50% of the unpaid cheque amount as pre-condition in the case ......f the Negotiable Instruments Act The 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 re..Category: Civil Law | Date: 9 Feb, 2009 | Hits: 45
Sontosh Kumar Shaha Vs. Government of Bangladesh and others, 2009, 38 CLC (HCD)
....shy;cruited in BCS (judicial) Cadre as government servant serving in the subordinate judiciary as Senior Assistant Judge and posted at Chuadanga at the relevant time and as such he is amenable to the provision of Government Servant (Discipline and Appeal) Rules 1985. The controlling authority of the....../2000 dated 20.11.2003, show cause notice (Annexure-N) order of suspension and holding of Departmental Proceeding Case No.3 of 2000 and 4 of 2000 should not be declared to have been made without lawful authority and to be of no legal effect and/or to pass such other or further order or ord..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)
....t part of the corpus juris of the State unless these are incorporated in the municipal legislation. However, the court can look into these conventions and covenants as an aid to interpretation of the provisions of Part III, particularly to determine the rights implicit in the rights like the ri......mad 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 authority or in an unlawful manner. 2. Later, on an application filed by the petitioners..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. ...... pre-emptee petitioner purchased the same within the knowledge of all co-sharers including the preemptor, since the pre-emptee is a co-sharer in the case jote, the instant case is not maintainable in law which is liable to be dismissed with costs. 5. By the Judgment and order dated 26-9-1996 the ..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.
......ion.
30. Second, learned District Judge found
that the petitioner was a third party and the appeal at his instance was therefore,
held to be not maintainable. Here, he fell in serious error of law, may be, for
misunderstanding of the Hindu Law. The petitioner presented the appeal as a
next ..
Category: Hindu Law | Date: 18 Dec, 2008 | Hits: 22
James Finaly Pic. Chittagong Vs. Government of Bangladesh and others, 2008, 37 CLC (AD)
....5, 63,685.31 and further amount of Taka 1, 01,237.50 in total Taka 6, 64,922.46. Long thereafter by impugned letter dated 2-7-1989 appellant was informed that its claim was barred under the provisions of Rule 70 of the General Rules and Schedule for working of the Chittagong Port Jetties. ......ed to the respective port users and the provision of the "applicability of the limitation has not been mentioned in the said circular. It appears that the realized amount is a deposit and in the lawful custody of the Port Authority and, as such, the question of limitation relating to refund und..Category: Civil Law | Date: 17 Dec, 2008 | Hits: 7
Nazimuddin (Md.) Chairman Vs. Government of Bangladesh, 2008, 37 CLC (HCD)
....ubject to any judicial scrutiny……………..(21) Interpretation of statute A statute has to be interpreted in its literal meaning after going through the entire provision itself and not in an isolated manner when it is viewed in the context of a particular situ......th Rule 15 of the Emergency Power Rules, 2007 corresponding to ACC 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 brie..Category: Anti-Corruption Laws | Date: 4 Dec, 2008 | Hits: 149
MM Ali Ispahani Vs. MM Ispahani Ltd., 2008, 37 CLC (HCD)
....arious exhibits must be found to have succeeded in all material particulars. The learned Advocate for the Respondent Nos. 1 to 6 Dr. M. Zahir has in response drawn this Court’s attention to the provisions of Order 29, Rule 1 of the Code of Civil Procedure (“Code”) in particular as ......m MMI by the petitioner No.1. (ii) 14,283 ordinary shares (pre-bonus) 35,707 ordinary shares (post-bonus) inherited from MMI by the petitioner No.1 having succeeded hereto in accordance with the laws of inheritance. (iii) 1,572 ordinary shares (pre-bonus) i.e. 3,930 ordinary shares (post-..Category: Company Law | Date: 4 Dec, 2008 | Hits: 505
Abul Kashem (Md.) Vs. Government of Bangladesh and others, 2008, 37 CLC (HCD)
....8. Result: The Rules are discharged without any order as to cost. Interpretation of statute 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) ......mmad Abul Kashem, Abu Saleh Chowdhury, Md. Kabirul Islam and Anowarul Islam Khan and others respectively are heard together and disposed of by the same judgment as they involved common question of law. 2. In all these writ petitions, Rule was issued calling upon the respondents to show cau..Category: Others | Date: 27 Nov, 2008 | Hits: 4
Mosammat Kazi Shamsunnahar Vs. Md. Ramjan Molla and others, 2008, 37 CLC (HCD)
....is court and obtained the present rule. 4. Mr. Kazi Abdul Khaleque, the learned advocate for the petitioner submitted that both the courts below committed gross illegality in violating the clear provision of law that the properties transferred through exchange deed was non pre-emptable under se......obtained the present rule. 4. Mr. Kazi Abdul Khaleque, the learned advocate for the petitioner submitted that both the courts below committed gross illegality in violating the clear provision of law that the properties transferred through exchange deed was non pre-emptable under section 96(10) ..Category: Property Law | Date: 20 Nov, 2008 | Hits: 2
Habibur Rahman Molla Vs. State, 2008, 37 CLC (HCD)
.... November 20, 2008 Result: The Rule is discharged. Interpretation of Statute The language of the statute is not always a decisive factor in determining whether the particular provision of a statute is mandatory or directory. The language of the statute cannot always be fault......4 is precondition for taking cognizance of the offence as described in the schedule of the Ain. Even though no reason has been assigned for its satisfaction, the can be treated sanction in the eye of law…………………………..(18) The ..Category: Anti-Corruption Laws | Date: 20 Nov, 2008 | Hits: 157
Abdul Hai (Md.) Vs. Bangladesh and others, 2008, 37 CLC (HCD)
....el Mr. Munsurul Hoque Chowdhury while taken this Court through the impugned Annexure-C, strenuously argues that although the writ petitioner has been discharged from the service, apparently under the provision of section 8 of the Bangladesh Rifles (Special Provision) Ordinance 1976, but practically,......d the order dated 31-10-2001, disclosed in Annexure-F discharging and affirming such discharge of the petitioner from the Service of Bangladesh Rifles should not be declared to have been made without lawful authority and is of no legal effect and/or pass such other or further order/orders as to this..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)
....eed ex parte on 18-09-2005. 4. The bank, then put the decree in execution in Artho Execution Case no.,60 of 2006. The bank tried to sell the mortgaged property in auction by complying with the provisions of law laid down in sections 33(1)(2)(3)(4) of the Artho Rin Adalat Ain, 2003 (briefly a......tho Rin Adalat no.4, Dhaka, in Artho Execution Case no.60 of 2006, conferring title of petitioner's mortgaged property upon the decree holder bank, should not be declared to have been made without lawful authority and is of no legal effect. 2. Short facts leading to this Rule are that on 21-..Category: Civil Law | Date: 11 Nov, 2008 | Hits: 4
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