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Sheikh Mashuk Rahman Vs. State and another, 2009, 38 CLC (HCD)

....roceedings of Metro Sessions Case No.2155 of 2006 arising out 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......lt 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. ......ule 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. ......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)

....t is a civil liability, for which the proper remedy lies in the civil court. He submits that in fact the informant as plaintiff instituted Title Suit No.1 of 2006 in the 5lh Court of Joint District Judge, Dhaka on 1.1.2006 for specific performance of contract against the accused petitioner No.1 a...... 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. ......by 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. ...... 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. ..

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)

....f 2008 summarily rejecting an application filed under Section 115(1) of the Code of Civil Procedure affirming the judgment and decree dated 17.10.2007 passed by the Second Court of the Joint District Judge, Mymenshing in Other Class Appeal No.82 of 2008 who upheld the judgment and decree dated 31.1.......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. ......e 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. ...... Bashi Saha and they became Indian Citizen and the plaintiffs father Shudhagshu and his father's elder brother Saytendra Kumar became owners in possession of the suit land left by Nagor Bashi Saha in Bangladesh and they were residing in ejmali with Gagon Chandra Saha. Gagon Chandra Saha had two daug..

Category: Property Law | Date: 23 Jul, 2009 | Hits: 6

Dr. Mohiuddin Khan Alamgir Vs. ACC and another, 2009, 38 CLC (HCD)

....ant and without ascertaining whether the assets of the appellant are beyond his known source of income and whether the same has been obtained out of illegal means. 14. Thereafter, Senior Special Judge, Dhaka took cognizance of the case and transferred the case for disposal by the Special Judge,...... Send down the lower Court records at once. Ed. This Case is also Reported in: 15 BLC (HCD) (2010) 107. ......own the lower Court records at once. Ed. This Case is also Reported in: 15 BLC (HCD) (2010) 107. ......xtures and other household items. (ii) A licensed revolver and a single bore gun. (iii) About Taka 90,00,000 deposited with IFIC Bank Ltd, Gulshan Branch, Dhaka; Janata Bank, Kachua Branch, Bangladesh; Krishi Bank, Savar Branch, Bangladesh; Krishi Bank, Gulbahar Branch and Grameen Bank, Gu..

Category: Anti-Corruption Laws | Date: 13 Jul, 2009 | Hits: 286

Radha Shyam Sarker Vs. Nani Gopal Sen being dead his heirs: Ashesh Kumer and others, 2009, 38 CLC (HCD)

....Syed Md. Ziaul Karim J.—This Rule at the instance of defendant petitioner calls in question the legality and propriety of judgment and decree dated 18-03-1998 passed by learned Senior Assistant Judge, third Court, Dhaka, decreeing S.C.C. Suit No.05 of 1996. 2. Short facts leading to this ......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. ...... 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. ...... 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

Human Rights & Peace for Bangladesh & others Vs.Govt of Bangladesh & Others, 2009, 38 CLC (HCD) [হিউম্যান রাইট্স এ্যান্ড পিস ফর বাংলাদেশ গং বনাম বাংলাদেশ গং, ২০০৯, ৩৮ সিএলসি (হাইকোর্ট ডিভিশন)]

....াকা মহানগরী বিরান হইয়া যাইবার সম্ভবনা রহিয়াছে। Ed. This Case is also Reported in: 17 BLT (HCD) (2009) 455 ......াকা মহানগরী বিরান হইয়া যাইবার সম্ভবনা রহিয়াছে। Ed. This Case is also Reported in: 17 BLT (HCD) (2009) 455 ...... মহানগরী বিরান হইয়া যাইবার সম্ভবনা রহিয়াছে। Ed. This Case is also Reported in: 17 BLT (HCD) (2009) 455 ......and permanent structures/buildings in the rivers,namely, Buriganga, Turag, Balu and Shitalakkha, till disposal of the Rule. Let a copy of this Rule be served upon the learned Attorney General of Bangladesh for his information and necessary steps in this regard. Since the matter is of great..

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)

....han J.- This rule was issued calling upon the opposite party No.1 to show cause as to why the Judgment and decree dated 30.10.2004 and 6-11-2004 respectively passed by the learned Additional District Judge, 6th Court, Dhaka, in Title Appeal No.420 of 2002 allowing the appeal and thereby reversing th......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. ......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. ...... 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

Agrani Bank Vs. Md. Abdul Khaleque & another, 2009, 38 CLC (HCD)

.... 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 Artha Rin Suit No.4 of 1994 2. The plaintif......ismissed, 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:......, 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:......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)

....he instance of Pintoo Pal under section 28 of the Nari-O-Shishu Nirjatan Daman Ain, 2000 is directed against the Judgment and order of conviction and sentence dated 28.07.2004 passed by the learned Judge, Nari-O-Shishu Nirjatan Daman Tribunal, Naogaon in Tribunal Case No.281 of 2002 arising out ......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. ......anted 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. ......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)

....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.   ...... 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.   ...... 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. ......thout 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. ......wful 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. ......ority, 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. ......ack 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. ......upreme 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..

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)

....ivil 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. Case No.40 of 1998 filed under Order IX Rule 13 and sec......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. ...... 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. ......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)

....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. ......s 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. ......d. 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. ......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)

....l police station to take over the vacant posses­sion of the house in question appointing him the receiver of the property in Holding No.6, Purana Paltan until any order is passed by the Assistant Judge 4th court Dhaka in Title Suit No.92 of 1999. 3. The petitioner filed a written statement ......ormation and necessary action. Ed. This Case is also Reported in: 29 BLD (HCD) (2009) 399.                 ...... and necessary action. Ed. This Case is also Reported in: 29 BLD (HCD) (2009) 399.                 ......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. ......icult 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. ......sk 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. ......rted 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)

....h should be passed when the offence committed has not been compatible with any other sentence. Sentence is the judicial determination of a punishment to be inflicted on the facts of the given case. A Judge is sitting for doing justice; a Judge is not a butcher who sits only to hang the accused. Even......nt 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. ......gum 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. ......e. It can be seen that from the year 1983 up to 2003, special laws have been promulgated by the Government for safety of woman's body, but there is no achievement, rather parallel laws are running in Bangladesh. Principle of natural justice speaks that when there are two parallel laws, harsh law sho..

Category: Women and Children | Date: 5 May, 2009 | Hits: 75

Sirajul Islam (Md) Vs. Tauhid Uddin Ahmed & another, 2009, 38 CLC (HCD)

.... Sessions Case No. 2705 of 2006 arising out of CR Case No.670 of 2006 under section 138 of the Negotiable Instruments Act, 1881 now pending in the court of the learned Metropolitan Assistant Sessions Judge, 5th Court, Dhaka should not be quashed. 2. Necessary facts for the purpose of disposal of ......y 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. ......d 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. ......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)

....No. 1110 of 2006 arising out of CR Case No. 164 of 2006 (Kotwali Zone) under section 138 of the Negotiable Instruments Act, 1881, which is now pending in the Court of Additional Metropolitan Sessions Judge, 1st Court, Chittagong should not be quashed. 2. Necessary facts for the purpose of dispo...... 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. ......hed 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. ...... common to notes, bills and cheques which has confined its application to the three kinds of Instruments stated hereinbefore. 29. Many changes in the political and economic life of the people of Bangladesh, especially after the advent of independence, have taken place which has invested the sta..

Category: Procedural Law | Date: 29 Apr, 2009 | Hits: 135

Md. Alauddin Bepari Vs. Somola Khatoon & others, 2009, 38 CLC (HCD)

....hmed 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 Suit. No.11 of 2006 rejecting the application under Order 7, ......ing 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. ......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. ......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