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Shamsul Hossain Vs. Anwar Hossain and others, 2009, 38 CLC (HCD)
....d after it put into auction for three times, as such, this portion of the judgment directed the Government to sell the suit property to the plaintiffs was passed illegally and not sustainable in law. 14. Although learned Judge dismissed the claimed of the plaintiffs as to acquire of ...... High Court Division (Civil) Present: Sharif Uddin Chaklader J Md Emdadul Haque Azad J Shamsul Hossain...............................Appellant Vs. Anwar Hossain and others..................Respondents Judgment August 20, 2009. Result: The Ap......a decree directing the Government to sell the suit property to the plaintiffs there by vested right of this defendant as auction purchaser has illegally been taken away, as such the judgment and order to the effect the direction to the Government to sell the suit land to the plaintiffs sho..Category: Property Law | Date: 20 Aug, 2009 | Hits: 3
Sheikh Mashuk Rahman Vs. State and another, 2009, 38 CLC (HCD)
....0 DLR (AD) 195, Nizamuddin Mahmood Vs. Abdul Hamid Bhuiyan and others. 8. We have considered the submission of the learned Advocates, perused the materials on record as well as the relevant law and the decision cited. 9. The submission made by the learned Counsel for the accused petit......h Court Division (Criminal Miscellaneous Jurisdiction) Present: AKM Asaduzzaman J Md. Rezaul Hasan J Sheikh Mashuk Rahman..…………………Petitioner Vs. State and another……............Opposite Parties Judgment August 16, 2009. Cases Referre...... case was eventually transferred to the Court of the learned Metropolitan Sessions Judge, Dhaka and registered as Metro. Sessions Case No.2155 of 2006, who has taken cognizance of the case, and by an order dated 20-7-06, subsequently transferred the case to the court of the learned Metro Assistant S..Category: Banking Law | Date: 16 Aug, 2009 | Hits: 190
Shafiullah Chowdhury and others Vs. State, 2009, 38 CLC (HCD)
....n 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 offence. It is by now a settled proposition of law that a criminal proceeding can be quashed even at initial stage when the fact is preposterous o......490. ...... Judgment Md. Delwar Hossain J.- This Rule was issued upon an application under section, 561A of the Code of Criminal Procedure calling upon the opposite party to show cause as to why the order dated 29.11.2006 passed by the learned Metropolitan Magistrate, Dhaka in G.R. No.14 of 2006 C..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)
....vision preferred this application for leave to appeal before this Division. 9. The learned counsel appearing for the plaintiffs petitioners submits that the High Court Division committed an error of law in failing to notice that the deed of gift dated 26.3.1963 was not a valid document and thus Min......rt Appellate Division (Civil) Present: MM Ruthful Amin CJ BK Das J Md. Muzammel Hossain J Sree Ashish Kumar Shaha Roy..............Plaintiff-appellant-petitioner Vs. Al-Haj Md. Wasidul Islam and others………Principal-defendants-opposite parties Judgment July 23, 2009. Result: This pe......titioner None represented- the Respondents. Civil Petition for Leave to Appeal No.1601 of 2008. Judgment BK Das J.- This petition for leave to appeal has been filed against the judgment and order dated 28.4.2008 passed by the a Division Bench of the High Court Division in Civil Order No. 1..Category: Property Law | Date: 23 Jul, 2009 | Hits: 6
Dr. Mohiuddin Khan Alamgir Vs. ACC and another, 2009, 38 CLC (HCD)
..... 6. The appellant received the said notice in jail custody but did not have any access to his records and papers and did not have any opportunity of consultation with his income tax adviser and lawyers for preparing a statement of assets pursuant to the direction made in the said notice. The a...... Court Division (Criminal Appellate Jurisdiction) Present: SM Dastagir Husain J Md. Raisuddin J Dr. Mohiuddin Khan Alamgir.................Convict-Appellant Vs. ACC and another....................Respondents Judgment July 13, 2009. Result: The a......hman with Md. Khurshid Alam Khan Advocates - For Respondent No.2 ACC. Criminal Appeal No.4393 of 2007. Judgment SM Dastagir Hussain J.- This appeal is directed against the judgment and order dated 26-7-2007 passed by the special Court No.3, Dhaka in special Case No.1 of 2007 arising o..Category: Anti-Corruption Laws | Date: 13 Jul, 2009 | Hits: 286
....ether with the cost of transmission by postal money order of the money deposited to the landlord.”
12. It is to be observed that Act 1991 has made substantial encroachment into the tenancy law of the Country, its purpose is to protect the tenant from ejectment from the tenanted premises a......aul Karim J
Radha Shyam Sarker……………………………..Petitioner
Vs.
Nani Gopal Sen being dead his heirs: Ashesh Kumer and others.......................Opposite parties
Judgment
July 5, 2009.
Result:
...... 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..
Category: Tenancy Law | Date: 5 Jul, 2009 | Hits: 154
....াকা মহানগরী বিরান হইয়া যাইবার সম্ভবনা রহিয়াছে।
Ed.
This Case is also Reported in: 17 BLT (HCD) (2009) 455
......esult:
রুলটি খরচা ব্যতিরেকে এ্যাব্সলিউট্ করা হইল।
এই রীট্ মোকাদ্দমাটি Continuing mandamus হিসাবে অব্যাহত থাকিবে।
বাংলাদেশ...... 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..
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)
....d and fabricated document created by the plaintiff only to grab the property but as a matter of fact no Bainanama was executed and signed by the defendant No.1 Most. Abu Tara. Moreover, in the eye of law it is not at all a deed of contract by which a suit for Specific Performance of Contract can be ......Present: Syed Abu Kowser Md. Dabirush Shan J Most. Abu Tara……………………Defendant-Respondent Petitioner Vs. Md. Abdur Rahim Khan and others……………………….Plaintiff-Appella......, 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..Category: Evidence Law | Date: 25 Jun, 2009 | Hits: 42
Agrani Bank Vs. Md. Abdul Khaleque & another, 2009, 38 CLC (HCD)
....follows:- 1. Whether the suit is barred by limitation? 2. Whether the plaintiff is entitled to get decree as prayed for? 3. To what other relief the plaintiff is entitled to get under law & equity. 5. Defendant-respondent admitted that he has taken loan from the Agrani Bank....... No one appears-For the respondents. First Appeal No. 9 of 1997. Judgment Mashuque Hosain Ahmed J.- This appeal preferred by the plaintiff-appellant against the impugned judgment and decree dated 10.10.1995 passed by the Sub-Judge and Artha Rin Adalat, 2nd Court, Netrokona in Ar......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:..Category: Banking Law | Date: 23 Jun, 2009 | Hits: 153
Sree Pintoo Pal Vs. State, 2009, 38 CLC (HCD)
....ty 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 to be innocent till the char......……………………………………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 th......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..Category: Women and Children | Date: 22 Jun, 2009 | Hits: 9
Bangladesh Power Development Board & others Vs. Abu Bakar Siddique & anothers, 2009, 38 CLC (AD)
....ervice rules which cannot be treated as precedents for further violation and as such, the respondent No.1 having not acquired any right to file the writ petition, the High Court Division has erred in law in not discharging the Rule. (2) "Because the High Court Division has erred in law in not d......M Zahir, 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.2......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,..Category: Employment/Service Law | Date: 3 Jun, 2009 | Hits: 256
Bangladesh Power Development Board & others Vs. Abu Bakar Siddique & anothers, 2009, 38 CLC (HCD)
....ervice rules which cannot be treated as precedents for further violation and as such, the respondent No.1 having not acquired any right to file the writ petition, the High Court Division has erred in law in not discharging the Rule. (2) "Because the High Court Division has erred in law in not d......M Zahir, 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.2......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,..Category: Employment/Service Law | Date: 3 Jun, 2009 | Hits: 3
Emran Ahmed & 20 anothers Vs. Bangladesh and others, 2009, 38 CLC (HCD)
....f 2008. Writ Petition No.12157 of 2006, Writ Petition No.4194 of 2007 and Writ Petition Nos.553, 554 and 983 of 2009. Judgment Tariq ul Hakim J.- All these Rules concerns common questions of law and facts and were heard together and are being disposed of by this single Judgment. In all the ......t 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 Rules ......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-..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)
....rte 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. 6. No one appears for ...... 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..Category: Procedural Law | Date: 28 May, 2009 | Hits: 3
Sheikh Md. Nurul Haque Vs. State and another, 2009, 38 CLC (HCD)
....osite party No.2, on the other hand, submits that the opposite party No.2 categorically described the very arising out of cause of action having no ambiguity in it and therefore, there is no legal flaws in filing the case and the learned Chief Metropolitan Magistrate on appreciating the said legal......reme Court High Court Division (Criminal) Present: Siddiqur Rahman Miah J Md. Ataur Rahman Khan J Sheikh Md. Nurul Haque…………………………Petitioner Vs. The State and another…………………………Opposite Parties Judgment May 26, 2009. Result: ......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 ..Category: Banking Law | Date: 26 May, 2009 | Hits: 663
Ehtesamur Rahman Vs. The State & Others, 2009, 38 CLC (HCD)
....sing the jurisdiction of Sessions Judge, which implies that the petitioner moved before this Court denying the jurisdiction of Sessions Judge as such the revisional application is not tenable in law. 11. In the above context, it has been observed in the case of Alhaj Rahimuddin Shah V......ded with cases on the plea that the higher court has also concurrent jurisdiction to try the same case………(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. ...... 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..Category: Procedural Law | Date: 19 May, 2009 | Hits: 1
Bangladesh National Women Lawyers Association (BNWLA) Vs. Bangladesh and Others, 2009, 38 CLC (HCD)
....he media, public and other places. 2. The facts leading to the issuance of the Rule, in brief, are: Bangladesh National Women Lawyers Association (BNWLA) was formed in 1979 by a group of women lawyers with an aim and objective to empower the women and children of their rights. 3. At prese......iginal Jurisdiction) Present: Syed Mahmud Hossain J Quamrul Islam Siddiqui J Bangladesh National Women Lawyers Association (BNWLA)...... the petitioner Vs. Government of Bangladesh and Others...... the respondents Judgment May 14, 2009. Cases Referred to- H.M. Ershad......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 ..Category: Women and Children | Date: 14 May, 2009 | Hits: 330
State Vs. Anjali Debi alias Monju Debi, 2009, 38 CLC (HCD)
....……………………(18) Section 6(1) of the Nari-o-Shishu Nirjatan Daman Ain, 2000 is jumbled 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......…............................Appellant Vs. Anjali Debi alias Monju Debi………….Condemned Prisoner Judgment May 5, 2009. Result: The Death Reference is rejected and connected Criminal Appeal with the Jail Appeal is allowed. The Nari-o-Shishu Nirjata......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..Category: Women and Children | Date: 5 May, 2009 | Hits: 75
Sirajul Islam (Md) Vs. Tauhid Uddin Ahmed & another, 2009, 38 CLC (HCD)
....on 7-2-2006; that the legal notice was sent on 12-2-2006 and the case was filed on 7-3-2006 i.e. after 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...... Act against the accused petitioner Md. Sirajul Islam alleging, inter alia, that the complainant, Tauhid Uddin Ahmed, owes the accused petitioner Taka 3,00,000 (three lac) in connection with business and for the purpose of payment of the said dues, the accused petitioner gave a cheque on 4-10-2005 f......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..Category: Banking Law | Date: 4 May, 2009 | Hits: 280
Zahed Hossain (Md.) Vs. State and another, 2009, 38 CLC (HCD)
.... the continuation of the proceeding of Sessions case No. 1110 of 2006 will be an abuse of the 8(eight) cheques were dishonored, but the complainant made a single complaint which is not permissible in law, law requires that a single dishonored cheque proceeding can be initiated against one cheque, no......ion (Criminal Miscellaneous Jurisdiction) Present: Siddiqur Rahman Miah J Md. Ataur Rahman Khan J Zahed Hossain (Md.) …………… Accused Petitioner Vs. State and another …………………………Opposite Parties Judgment April 29, 2009. R...... 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..Category: Procedural Law | Date: 29 Apr, 2009 | Hits: 135
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