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....record of the case at once.
Ed.
This Case is also Reported in: 7 LG (HCD) (2010) 73.
...... 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.
...... instant suit keeping huge amount of advance money with the landlord plaintiff. The court below without considering the facts and legal aspects decreed the suit, which cannot be sustained.
8. In order to appreciate their submissions I have gone through the records and given my anxious cons...... 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.
..
Category: Tenancy Law | Date: 5 Jul, 2009 | Hits: 154
....ely Buriganga, Turag, Balu and Shitalakkha from illegal encroachments and earth filings and/or such other or further order or orders passed as to this Court may seem fit and proper.
The Rule is made returnable on 1.6.2009.
Let the respondents be directed to take immediate appropriate steps......াকা মহানগরী বিরান হইয়া যাইবার সম্ভবনা রহিয়াছে।
Ed.
This Case is also Reported in: 17 BLT (HCD) (2009) 455
...... condition and why all the respondents should not be directed to protect rivers namely Buriganga, Turag, Balu and Shitalakkha from illegal encroachments and earth filings and/or such other or further order or orders passed as to this Court may seem fit and proper.
The Rule is made returnable on......াকা মহানগরী বিরান হইয়া যাইবার সম্ভবনা রহিয়াছে।
Ed.
This Case is also Reported in: 17 BLT (HCD) (2009) 455
..
Category: Environmental Law, Property Law | Date: 25 Jun, 2009 | Hits: 19
Most. Abu Tara Vs. Md. Abdur Rahim Khan and others, 2009, 38 CLC (HCD)
.... No.1 was created which is false and forged document. The opposite party No.1 was previously acquainted with the husband of the petitioner. That apart from the suit land the petitioner's husband had another Plot of .041/8 decimals of land whereupon he constructed four semi pucca rooms and on 31....... 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. ......, fabricated and without any basis. The petitioner for the first time came to know about the alleged Bainanama after receiving the legal notice addressed to her by the opposite party No.1 and that in order to grab the suit land the opposite party No.1 has fraudulently created the alleged Bainanama o...... 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. ..Category: Evidence Law | Date: 25 Jun, 2009 | Hits: 42
Sree Pintoo Pal Vs. State, 2009, 38 CLC (HCD)
....…………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 the accused should be presumed t......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. ......erious doubt is cast on the propriety of the trial itself and the validity of the conviction resulting from it may be open to challenge…………………….(34 & 44) Can conviction be ordered on the basis of evidence of the victim in rape case? In a case of sexual offence there......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)
....d 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. ......hir, 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.2977,......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)
....als 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. ......hir, 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.2977,......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)
....e Court 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 ......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. ......of law and facts and were heard together and are being disposed of by this single Judgment. In all the matters Rules Nisi were issued calling upon the respondents to show cause as to why the impugned orders of termination dated 8-4-2007, 14-12-2006, 4-2-2007, 27-3-2007, 24-10-2007, 20-1-2007, 30-10-......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)
....ers………………………….Petitioners Vs. Hasneara Begum and others…………………………Opposite Parties Judgment May 28, 2009. Result: The Rule is made absolute. Setting aside decree ex parte against defendant Scope of Order IX R......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. ....... No one appears - For the Opposite Party. Civil Revision No.3180 of 2000. Judgment Syed Md. Ziaul Karim.- This Rule, calls in question the legality and propriety of judgment and order dated 31-05-2000 passed by learned Subordinate Judge, First Court, Gazipur, allowing Misc. Ca......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. ..Category: Procedural Law | Date: 28 May, 2009 | Hits: 3
Sheikh Md. Nurul Haque Vs. State and another, 2009, 38 CLC (HCD)
....ner preferred this application before this Court and obtained the Rule. 5. No one appears on behalf of the accused petitioner, but the contention of the accused petitioner is that the allegations made in the FIR even if taken as it is, the same does not disclose any offence under section 138 of t......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. ......nt Rule by which this Court can at all interfere with the impugned proceedings initiated and pending for trial and as such, the Rule is liable to be discharged with cost and stay be vacated. 7. In order to appreciate the submission made by the learned Advocates for the accused petitioner and the ......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)
....gment May 19, 2009. Result: The Rule is discharged. 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......formation and necessary action. Ed. This Case is also Reported in: 29 BLD (HCD) (2009) 399. ...... 2006. Judgment A.T.M. Fazle Kabir J.-This Rule was issued at the instance of petitioner Ehtesamur Rahman calling upon the opposite parties to show cause as to why the impugned judgment and order dated 27.07.2006 passed by the Metropolitan Magistrate, Dhaka in Motijheel P.S. Non-F.I.R. Cas......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)
....in: 29 BLD (HCD) (2009) 415, 14 BLC (HCD)(2009) 694. ......judicial function, the observance and the attainment of human rights; and (c) To administer the law impartially among persons and between persons and the State”. On 18.8.2008, we passed an interim order in the present Rule Nisi as under: “In this matter Rule was issued on 7.8.2008. ......Mr. Mahmudul Islam, the learned amicus curiae, submits that it is the constitutional obligation of the Government to enact law to protect the women at their workplaces and educational institutions in order to preserve their fundamental rights enshrined in the Constitution. 16. He further submits ......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. ..Category: Women and Children | Date: 14 May, 2009 | Hits: 330
State Vs. Anjali Debi alias Monju Debi, 2009, 38 CLC (HCD)
....t posting. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 738. ......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. ......sed put in a trial under special law, till judgment pronounced by the Apex Court of the country, the accused is kept inside custody. 26. From the aforesaid discussions, we find the judgment and order dated 15-6-2005 passed by the learned Judge of Nari-o-Shishu Nirjatan Daman Tribunal, Pabna in......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)
.... 25 days of issuance of notice and that case was filed in violation of the mandatory provision of law. He further submits that the complainant only mentioned the sending date of the legal notice but had not cited receiving date which is the basis of counting the date of cause of action without which......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. ......nsferred the case record to the Metropolitan Assistant Sessions Judge, 5th Court, Dhaka for trial who perused the record and framed charge against the accused petitioner. 4. Being aggrieved by the order dated 29-6-2006 the accused petitioner preferred this application under section 561A of the Co......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. ..Category: Banking Law | Date: 4 May, 2009 | Hits: 280
Zahed Hossain (Md.) Vs. State and another, 2009, 38 CLC (HCD)
.... April 29, 2009. Result: The Rule is discharged. Case Referred to- Ahsan Habib Chowdhury Vs. Multidrive Ltd, 14 BLC 66; Ruby Leather Exports Vs. K Venu (1995), 82 Comp Case 776 (Mad) Vol. 86, 943; Stalion Shocks Co (P) Ltd Vs. Auto Tensions (P) Ltd, Company Cases, Vol. 79, (Delh......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. ...... establish meant, the accused-petitioner used to purchase sugar on cash as well as on credit and the accused petitioner purchased 480 metric tons of sugar on different dates by different DO (delivery order) on credit from the complainant, the accused-petitioner issued two cheques bearing No. MTBL/CD......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. ..Category: Procedural Law | Date: 29 Apr, 2009 | Hits: 135
Md. Alauddin Bepari Vs. Somola Khatoon & others, 2009, 38 CLC (HCD)
....jected. Ed. This Case is also Reported in: 14 MLR (HCD) (2009) 251. ......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. ......l Revision No.1745 of 2006. Judgment Afzal Hossain Ahmed J.- This Rule, at the instance of the defendant-petitioner, was issued calling upon the opposite party No.1 to show cause as to why the order dated 26.4.2006 passed by the learned Joint District Judge, 1st Court, Narayanganj in Title Su......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. ..Category: Civil Law | Date: 21 Apr, 2009 | Hits: 91
Dr. M. A. Yahia Vs. Md. Abdul Quader and others, 2009, 38 CLC (AD)
....Division (Civil) Present: MM Ruhul Amin CJ Md. Abdul Matin J Md. Abdul Aziz J Dr. M. A. Yahia.......................................Petitioner Vs. Md. Abdul Quader and others....................Respondents Judgment April 15, 2009. Result: ......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. ......e, 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 High Court Division in Writ Petition No.5022 of 2005). Jud......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. ..Category: Property Law | Date: 15 Apr, 2009 | Hits: 36
Md. Abdur Rashid & others Vs. Most. Amena Khatun and others, 2009, 38 CLC (HCD)
....e with the defendant and the rest plaintiffs contested the case. 5. The sole defendant Mst. Amena Khatun contested the suit by filing a written statement denying all the material allegations as made in the plaint and contending, inter alia, that the suit land mentioned in the schedule to 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. ......cree dated 16.9.2001 and (decree signed on 23.9.2001) passed by the learned Assistant 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 th...... 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
....p;………....Respondents (In Civil Petition No. 2049 of 2008)
Judgment
April 13, 2009.
Result:
The petition is dismissed.
Lawyers Involved:
Md. Abdus Samad, Senior Advocate instructed by Md. Nawab Ali, Advocate-on-Record-For the Petitioner (In both case......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.
...... (In both cases)
Civil Petition for Leave to Appeal No. 2048 & 2049 of 2008.
Judgment
Md. Abdul Matin J. - These petitions for leave to appeal are directed against the judgment and order dated 11.03.2008 passed by the High Court Division in Writ petition Nos.2949 and 2950 of 2005 ......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)
.... order as to cost. Ed. This Case is also Reported in: VII ADC (2010) 155. ......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. ......ocate with him) instructed by Syed Mahbubar Rahman, Advocate-on-Record-For Respondent Nos.1 (a)-1(k). Not represented-Respondent Nos.-2-9. Civil Appeal No.19 of 2006. (From the judgment and order dated 05.02.2003 passed by the High Court Division in Civil Revision No.662 of 1999.) Judgm......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)
....t was contested by the defendant Nos.1-4. Defendant Nos.1-12 and 14 appeared in the suit and filed written statement but, ultimately, did not contest the suit. The plaintiff and the defendant Nos.1-4 adduced evidence in support of their respective claims and the learned Assistant Judge, Balagan......eipt of this order. Send down the Lower Court Records at once. Ed. This Case is also Reported in: 29 BLD (HCD) (2009) 394. ......udgment Afzal Hossain Ahmed J.-This Rule, at the instance of the plaintiff-appellant-petitioners, was issued calling upon the opposite party Nos.1-6 to show cause as to 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 ......eipt of this order. Send down the Lower Court Records at once. Ed. This Case is also Reported in: 29 BLD (HCD) (2009) 394. ..Category: Property Law | Date: 9 Apr, 2009 | Hits: 2
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