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Shamsul Hossain Vs. Anwar Hossain and others, 2009, 38 CLC (HCD)
....st Appeal No. 48 of 1999 with First Appeal No. 330 of 1999 are allowed. No costs. Send down the lower Court Records at once. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 74 ......কই সাথে ৫নং বিবাদী বরাবরে সমুদয় ২৬, ৫২, ৯৪৯.২৮ টাকা ফেরত প্রদান করিবে। 2. The plaint case, in short, is that "Ka" schedule land was originally belonged to Sree Laksmi Narayan ...... বরাবরে সমুদয় ২৬, ৫২, ৯৪৯.২৮ টাকা ফেরত প্রদান করিবে। 2. The plaint case, in short, is that "Ka" schedule land was originally belonged to Sree Laksmi Narayan Thakur who got permanent settlement and whi..Category: Property Law | Date: 20 Aug, 2009 | Hits: 3
Sheikh Mashuk Rahman Vs. State and another, 2009, 38 CLC (HCD)
....ult the Rule is discharged. The order of stay granted earlier by this court is hereby vacated. Communicate the order. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 28. ......ut of CR No.2612 of 2005 under section 138 of the Negotiable Instruments Act, 1881 now pending before the court of Metro. Assistant Sessions Judge, 5th Court, Dhaka should not be quashed. 2. The case started upon a petition of complaint on the facts, shortly as follows: The petitioner star......ult the Rule is discharged. The order of stay granted earlier by this court is hereby vacated. Communicate the order. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 28. ..Category: Banking Law | Date: 16 Aug, 2009 | Hits: 190
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. ......posterous or if it appears from reading the First Information Report and the charge sheet or the petition of complaint it does not disclose any cause of action or resembles certain other nature of case, that is, if it discloses a civil case e.g. non execution and registration of sale deed of a c......ion of complaint it does not disclose any cause of action or resembles certain other nature of case, that is, if it discloses a civil case e.g. non execution and registration of sale deed of a case land……………………………(9) Case Referred to- Akamuddin Ahmed Vs. The Sta..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. ...... Sana Roy as well as the registered sale deed dated 5.1.2000 executed by Minoti Bala Saha in favour of defendant Nos.1-5 are forged, fraudulent and not binding upon the plaintiff. 3. The plaintiff,s case, in short, is that Gagon Chandra Shaha and Nagor Bashi Saha got the suit land on the basi......s as plaintiffs instituted Other Suit No.55 of 2004 in the Court of the Senior Assistant Judge, Sadar, Mymenshing impleading the respondents as defendants praying for declaration of title to the suit land and for recovery of khas possession therein and for a further declaration that the registered d..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. ......o pay a fine of Taka 1,00,000 in default to suffer 1(one) year imprisonment more and also forfeiting the properties in the name of the appellant and his dependents in favors of the State. 2. The case as made out by the appellant in the petition of appeal is that after having completed his Maste......ave details of the immovable property as follows: I. Immovable property: (i) Ejmali property at his village Gulbahar under Police Station-Kachua, District-ChandPur. (ii) 15/16 acres of land out of which 10/12 acres was purchased by him in his village. (iii) A four-storied buildin..Category: Anti-Corruption Laws | Date: 13 Jul, 2009 | Hits: 286
Category: Tenancy Law | Date: 5 Jul, 2009 | Hits: 154
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)
.... 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. ......t No.177 of 2000 before the Court of the then Subordinate Judge, 3rd Court, Dhaka against the petitioner and the proforma-defendant No.2 for Specific Performance of Contract. 3. The facts of the case, in brief, are that the petitioner is the owner and possessor of the suit lands by purchase. Th......ka against the petitioner and the proforma-defendant No.2 for Specific Performance of Contract. 3. The facts of the case, in brief, are that the petitioner is the owner and possessor of the suit lands by purchase. That for need of money the petitioner offered to sell the suit lands which was ac..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:......aintiff-appellant against the impugned judgment and decree dated 10.10.1995 passed by the Sub-Judge and Artha Rin Adalat, 2nd Court, Netrokona in Artha Rin Suit No.4 of 1994 2. The plaintiff’s case, in brief, is that O.D loan of Tk.25,000/- was sanctioned in favour of the defendants who was ......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)
....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. ...... In a criminal 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………………………...... as informant lodged FIR with the Manda police station against the appellant Pintoo Pal alleging inter alia that on 19.06.2002 at 3.00 P.M. her daughter Jhorna Rani aged about 17 years went to the land and all on a sudden the appellant forcibly took her in his dwelling hut and committed rape on..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. ......, 2009. Result: The appeals are allowed . Lawyers Involved: Dr. Rafiqur Rahman, senior Advocate, instructed by Serajur Rahman, Advocate-on-Record- For the Appellants. (In all the case). Abdur Rob Chowdhury, Senior Advocate instructed by Md. Aftab Hossain, Advocate-On-Record......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)
....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. ......3, 2009. Result: The appeals are allowed. Lawyers Involved: Dr. Rafiqur Rahman, senior Advocate, instructed by Serajur Rahman, Advocate-on-Record- For the Appellants. (In all the case). Abdur Rob Chowdhury, Senior Advocate instructed by Md. Aftab Hossain, Advocate-On-Record......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)
....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 service of its employee, such power must not be exercised arbitrarily and whimsically but must be exercised fairly and reasonably. What is reasonable is a question of fact and must be decided on a case to case basis. When employees of a statutory body like Biman have been working for the Corporat......6) Case Referred to- Md. Arif Sultan Vs. Chairman, Dhaka Electric Supply Authority, 28 BLD 332; 60 DLR 1; Conferee Ltd. Vs. Titas Gas Transmission and Distribution Limited, 42 DLR 33; Central Inland Water Transport Corporation Ltd. Vs. Brojo Nath, AIR 1986 SC 1571; Delhi Transport Corporation ..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. ......ng been granted on merit could not be set aside under Order IX Rule 13 of the Code. 12. Moreover, the impugned order in its entirety are not well founded on the facts and circumstances of the case. So the contentions advanced by the learned Counsel for the petitioners are correct exposition......e petitioners as plaintiffs instituted Title Suit No.97 of 1995 in the First Court of Subordinate Judge, Gazipur, impleading the opposite parties as defendants for declaration of title to the suit land and also for declaration that Heba bil Ewaj deed nos. 6196 and 6197 dated 08-10-1976 are forge..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. ......9. Result: The Rule is discharged. The Negotiable Instruments Act, 1881 (Act No. XXVI of 1881) For non mentioning of receiving date of the legal notice in the petition of complaint, the case will not be rendered illegal when all other ingredients in filling the case is very much avai......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)
....formation and necessary action. Ed. This Case is also Reported in: 29 BLD (HCD) (2009) 399. ......p;……………………State Judgment 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......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)
....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. ......ty to avoid social stigma. 4. A lady officer of the National University finding no other way to redress her grievance of sexual harassment by the then Vice-Chancellor of the University filed a case in Nari-O-Shishu Nirjaton Daman Adalot. Later, when the existing social condition pushed her ba......conduct, which involved “leering, looking at the bodies of female employees in an inappropriate manner and making sexually suggestive comments” amounted to ‘sexual harassment’. 49. In its landmark judgment, the Supreme Court of India in the case of Vishaka and Others Vs. State of Rajasth..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. ...... jumbled up, a law has been promulgated, which has not been drafted properly, and it stands as harsh law. Harsh law is good law for veteran or seasoned criminals. Harsh law should not be applied in a case when there is possibility of acquittal or the fact does not invite any harsh sentence. It can b......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)
....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. ......otice to the accused petitioner on 12-2-2006 requesting him to pay the due money within 15 (fifteen) days after receipt of the legal notice but the accused petitioner did not pay the money. Hence the case. 3. The learned Chief Metropolitan Magistrate perused the complaint petition, examined the c......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)
....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. ......petitioner refused/denying the transactions. As such, the accused-petitioner committed offence punishable under section 138 of the Negotiable Instruments Act hence the opposite party No. 2 filed this case. 3. The learned Chief Metropolitan Magistrate, Chittagong, taking cognizance of the case u......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