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

.... 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..

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 ...... 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)

.... 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..

Category: Evidence Law | Date: 25 Jun, 2009 | Hits: 42

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. ......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)

....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,..

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. ......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)

....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-..

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. ....... 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)

....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 ..

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.                 ...... 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)

....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. ......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)

....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..

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. ......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)

....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..

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

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

....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..

Category: Civil Law | Date: 21 Apr, 2009 | Hits: 91

Dr. M. A. Yahia Vs. Md. Abdul Quader and others, 2009, 38 CLC (AD)

....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..

Category: Property Law | Date: 15 Apr, 2009 | Hits: 36

Md. Abdur Rashid & others Vs. Most. Amena Khatun and others, 2009, 38 CLC (HCD)

.... 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..

Category: Property Law | Date: 13 Apr, 2009 | Hits: 2

Chairman, Nawabgonj Pourashava represented by its Chairman Vs. Ms. Moyna Parvin and others, 2009, 38 CLC (AD)

....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 ..

Category: Others | Date: 13 Apr, 2009 | Hits: 125

Jaharlal Bandapadhya and others vs. Most. Begum Jahanara, 2009, 38 CLC (AD)

....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..

Category: Property Law | Date: 13 Apr, 2009 | Hits: 74

Abdus Sahid @ Shahid & others Vs. Anowara Begum & others, 2009, 38 CLC (HCD)

....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 ..

Category: Property Law | Date: 9 Apr, 2009 | Hits: 2