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Md. Alauddin Bepari Vs. Somola Khatoon & others, 2009, 38 CLC (HCD)
.... rejection of the plaint contending, inter alia, that the agreement in question was executed before the said amendment of the Specific Relief Act inserting Section 21A and hence the said provision of law is not applicable in the case. 5. Ultimately, the learned Joint District Judge, First Court, ......¦â€¦.Appellant Vs. Somola Khatoon & others……………………opposite parties Judgment April 21, 2009. Result: The Rule is made absolute. Case Referred to- M. Pentiah and others Vs. Muddala Veeramallappa and others, AIR, 1961 (SC) 1107. Lawyers Involved: Mahmud......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)
.... the High Court Division and other materials available on record. 8. The learned Judges of the High Court Division made the Rule absolute on discussion and proper consideration ,of the fads and law involved in the case holding that a registered deed of lease of immovable property for 99 years ......ion (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: The ......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)
....st the defendant and the appellate Court below without appreciating the evidence adduced by the plaintiffs most illegally allowed the appeal dismissing the suit and thereby committed an error of law resulting in an error in the decision occasioning failure of justice and as such the same is not......Ahmed J Md. Abdur Rashid & others……………………………………Petitioners Vs. Most. Amena Khatun and others…………………………Respondent......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
....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.
......
MM Ruhul Amin CJ
Abdul Matin J
Md. Abdul Aziz J
Chairman, Nawabgonj Pourashava represented by its Chairman……Petitioner (In both cases)
Vs.
Ms. Moyna Parvin and others................Respondents (In Civil Petition No. 2048 of 2008)
Muzlema Khatun and o...... (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)
.... plaintiffs as to execution of the documents, which also themselves record the contract, stands. In the cirÂcumstances, trial courts' decree is found to have been reversed on erroÂneous view of the law as to 'onus of proof." 17. In the instant case therefore the appelÂlate court was wrong in r......t 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)
....hereafter should not have allowed the said defendant-respondents an opportunity to rehear the appeal and as such the impugned judgment and order allowing rehearing of the appeal is not sustainable in law. Moreso, the said Miscellaneous application was time barred and not in form and as such the......hellip;……………Opposite Parties Judgment April 9, 2009. Result: The Rule is discharged. Case Referred to- Ahejuddin Molla Vs. Hanufa Bibi and others, 26 D.L.R. (1974) 323. Lawyers Involved: Md. Faroque Ahmed with Anjuman-Ara Beg......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
Zahida Ahmed (Liza) Vs. Syed Noor Uddin Ahmed and another, 2009, 38 CLC (HCD)
....risdiction, the High Court Division cannot decide the welfare of the child . . . The Family Court while deciding so must take into account the physical condition of the child as well as the law involved for deciding the question of custody. The age of the detenu can not be the sole basis f...... Hossain J Quamrul Islam Siddique J Zahida Ahmed (Liza)……………………………Petitioner Vs. Syed Noor Uddin Ahmed and another……………………………&......1.2009 contacted the respondents by telephone but they refused to let the child speak to the petitioner. The High Court of Justice, Family Division, in London on 26.1.2009 was pleased to pass an order making the detenu child a ward of the Court and further directing respondent No.1 to retu..Category: Family Law, Women and Children | Date: 16 Mar, 2009 | Hits: 182
Aysha Begum Vs. State, 2009, 38 CLC (HCD)
....er to the Deputy Commissioner, Narayanganj and Superintendent of Police Narayanganj for their information and necessary action. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 493. ......t Vs. State ……………….................................Respondent Judgment March 12, 2009. Result: The Rule in Criminal Misc. Case No.13454 of 2008 is discharged and Criminal Appeal No. 6945 of 2008 is allowed. Ad interim bail in Nari-o-Shishu case ......ustody of her mother is immaterial. She has no choice. Her mother's shelter is the best place for her safe custody and in such case no person or organisation is authorised to question validity of the order in this regard…………………………(13) Case Referred to- Mostafa Kamal ..Category: Women and Children | Date: 12 Mar, 2009 | Hits: 23
Mohammad Mosharraf Hossain Vs. Golam Mohamad and another, 2009, 38 CLC (AD)
....cision and there is no illegality or infirmity in the above decision so as to call for any interference. The petition is dismissed. Ed. This Case is also Reported in: 19 BLT (AD) (2011) 239. ......l Amin CJ Mohammad Fazlul Karim J Md. Tafazzul Islam J Md. Joynul Abedin J Md. Abdul Matin J Mohammad Mosharraf Hossain…………………Petitioner (On bail) Vs. Golam Mohamad and another……………………Respondents Judgment February 26, 2009. Result: The p......Not represented-Respondent No.1. Criminal Petition for Leave to Appeal No.475 of 2008. Judgment Md. Tafazzul Islam J. - This petition for leave to appeal is directed against the judgment and order dated 21.7.2008 of the High Court Division passed in Criminal Miscellaneous Case No.3417 of 20..Category: Banking Law | Date: 26 Feb, 2009 | Hits: 150
Advance Sweater Industry Ltd Vs. Mohiuzzaman Chowdhury and others, 2009, 38 CLC (HCD)
....: Mohammad Hossain—For the petitioner Md. Tamizuddin—For the opposite party No. 1 Civil Revision No. 4458 of 2006 Judgment S. K. Sinha J.— A nice and subtle law point is involved in this rule which is whether, an appeal is maintainable under Section 41 of t...... ......nha J.— A nice and subtle law point is involved in this rule which is whether, an appeal is maintainable under Section 41 of the Artha Rin Ain, 2003 before the learned District Judge against an order of the Artha Rin Adalat in an execution proceeding by an aggrieved person who is neither the d..Category: Civil Law, Procedural Law | Date: 18 Feb, 2009 | Hits: 1
Fahima Nasrin Vs. Government of Bangladesh and others, 2009, 38 CLC (HCD)
.... UK to take up the cause of the detenu, who had been illegally transferred from the Youth Development Centre to an adult prison upon attaining the age of 18 years and was being detained there without lawful authority. 5. The petitioner pointed out that there have been serious violations of the p......pecial Original Jurisdiction) Present: Md. Imman Ali J Sheikh Abdul Awal J Fahima Nasrin, daughter of Abul Hashem Mia........................Petitioner Vs. Government of Bangladesh and others..........................Respondents Judgment February 11, 2009. Result: The......t, Kushtia. At the conclusion of the trial, the learned Judge came to a finding that an offence under section 302 of the Penal Code was proved beyond doubt and, in view of his youth, by Judgement and order dated 14.08.2006, Rony was sentenced in accordance with the provisions of sections 51 and 52 o..Category: Women and Children | Date: 11 Feb, 2009 | Hits: 189
A. J. M. Helal & others Vs. Bangladesh and others, 2009, 38 CLC (HCD)
....ition No.8333 of 2008, Writ Petition No.2463 & 2461 of 2008, Writ Petition No.5716 of 2008, Writ Petition No.3524 of 2008. Judgment Sheikh Abdul Awal J.-As common question of facts and law are involved in these writ petitions they are heard together and are being disposed of by this c......lip;……………………………………………………Petitioner Vs. Bangladesh and others……………………………&h......In all these Rules the respondents were called upon to show cause as to why the section 138A of the Negotiable Instrument (amendment) Act, 2006 putting an embargo in filing of appeal against the order of conviction and sentence under sub-section (1) of section 138 of the Negotiable Instrument A..Category: Corporate Law | Date: 9 Feb, 2009 | Hits: 5
AJM Helal Vs. Bangladesh and others, 2009, 38 CLC (HCD)
....f the Negotiable Instruments Act The appeal is a continuation of the suit/case and there is no dispute that in the society a class of borrowers or drawers in taking shelter of this principles of law deliberately used to drag the appeal for an indefinite period in order to hang the process of re...... High Court Division (Special Original Jurisdiction) Present: Md. Imman Ali J Sheikh Abdul Awal J AJM Helal…………....................Petitioner Vs. Bangladesh and others.........Respondents Judgment February 9, 2009. Result: These Rules ar......M Helal…………....................Petitioner Vs. Bangladesh and others.........Respondents Judgment February 9, 2009. Result: These Rules are discharged without any order as to costs. Reasons behind amendment of section 138 of the Negotiable Instruments Act..Category: Civil Law | Date: 9 Feb, 2009 | Hits: 45
Sontosh Kumar Shaha Vs. Government of Bangladesh and others, 2009, 38 CLC (HCD)
..../2000 dated 20.11.2003, show cause notice (Annexure-N) order of suspension and holding of Departmental Proceeding Case No.3 of 2000 and 4 of 2000 should not be declared to have been made without lawful authority and to be of no legal effect and/or to pass such other or further order or ord...... Sontosh Kumar Shaha…………………………………………Petitioner Vs. Government of Bangladesh and others………………Respondents Judgment February 5......y Subordinate Judge) by maintaining seniority as per Panel of the year 2000, SI. No.37 of the promotion list dated 14.3.2000 (Annexure C-2) published in the official gazette, by implementing the order of withdrawal of suspension of the petitioner dated 26.4.2003 (Annexure-J) along with Mem..Category: Administrative Law, Constitutional Law | Date: 5 Feb, 2009 | Hits: 2
Subrata Majumder @ Liton Vs. State, 2009, 38 CLC (HCD)
....hishu Nirjatan Daman Tribunal, Bagerhat who however is at liberty to cancel his bail if the privilege of bail is misused by him in future. Ed. This Case is also Reported in: 16 BLC (2011) 828. ......tted rape upon her, spread fire on her body caused her death. After recovery of the dead body her father lodged FIR with Rampal Police Station. During investigation of the case accused Moktar Hossain and Kamal Hossain Howlader made confessional statements recorded under section 164 of the Code of Cr......te—For the Appellant. Zahirul Haque Zahir, Deputy Attorney-General—For the State. Criminal Appeal No. 3921 of 2008. Judgment AKM Fazlur Rahman J. - This appeal is directed against the order dated 13-5-2008 passed by the Nari-o-Shishu Nirjatan Daman Tribunal, Bagerhat (hereinafter cal..Category: Women and Children | Date: 5 Feb, 2009 | Hits: 127
Abdul Latif Howlader and others Government of Bangladesh and others, 2009, 38 CLC (HCD)
.... why the impugned letter under Memo No.পবম/শা-২/বগ-২/২০০২/à§à§¯à§¬ dated 24.7.2007 (Annexure-F) issued by respondent No.4 should not be declared to have been passed without lawful authority and is of no legal effect. 2. The facts of the case, so far as are releva......LD (HCD) (2009) 280. ...... and others, 12 BLC (AD) 163. The learned D.A.G. submits that there are admittedly vacant posts, but the petitioners must qualify in their individual capacity upon fulfilling the required criteria in order to be employed in those posts. He submits that the Bangladesh Forest Research Institute, ..Category: Administrative Law, Employment/Service Law | Date: 21 Jan, 2009 | Hits: 1
Dr. Shipra Chaudhury and another Vs. Government of Bangladesh and others, 2009, 38 CLC (HCD)
....mad Joynal Abedin, now being detained in the custody of respondent Nos.1 and 2 should not be brought before this Court so that it may satisfy itself that she is not being held in custody without lawful authority or in an unlawful manner. 2. Later, on an application filed by the petitioners......) 183. ......ate appearing on behalf of respondent No.1 to 3, submitted that respondent Nos.1-3 had taken steps for filing a 'Leave Petition' before the Appellate Division of the Supreme Court against the order directing them to produce the detenu before this Court. On 26.11.2008, the learned Advocate fo..Category: Women and Children | Date: 19 Jan, 2009 | Hits: 10
Tashin Ali (Md.) Vs. Md. Shamsul Hoque and others, 2009, 38 CLC (HCD)
.... pre-emptee petitioner purchased the same within the knowledge of all co-sharers including the preemptor, since the pre-emptee is a co-sharer in the case jote, the instant case is not maintainable in law which is liable to be dismissed with costs. 5. By the Judgment and order dated 26-9-1996 the ......e Court High Court Division (Civil Revisional Jurisdiction) Present: AKM Asaduzzaman J Tashin Ali (Md.)…………………......................Petitioner Vs. Md. Shamsul Hoque and others…………………..Opposite Parties Judgment January 15, 2009. Result: The......hers…………………..Opposite Parties Judgment January 15, 2009. Result: The rule is discharged. In a pre-emption case there is no scope to consider the title of either party. In order to deterÂmine the title, the party concerned is required to file a suit for declaration of ti..Category: Property Law | Date: 15 Jan, 2009 | Hits: 38
....ion.
30. Second, learned District Judge found
that the petitioner was a third party and the appeal at his instance was therefore,
held to be not maintainable. Here, he fell in serious error of law, may be, for
misunderstanding of the Hindu Law. The petitioner presented the appeal as a
next ......Division
(Civil
Revisional Jurisdiction)
Present:
Md.
Abdur Rashid J
Gour Netai Sri Sri Modan Mohan Das
Bigraha…………… Petitioner
Vs.
Jahanara Islam Chowdhury and
others………...Opposite Parties
Judgment
December 18, 2008.
Result:
The ......…………… Petitioner
Vs.
Jahanara Islam Chowdhury and
others………...Opposite Parties
Judgment
December 18, 2008.
Result:
The Rule is made absolute without any order
as to cost.
Case Referred to
Prodip Kumar Chkraborty Vs. Jamila Khatun
Bibi, 51 DL..
Category: Hindu Law | Date: 18 Dec, 2008 | Hits: 22
James Finaly Pic. Chittagong Vs. Government of Bangladesh and others, 2008, 37 CLC (AD)
....ed to the respective port users and the provision of the "applicability of the limitation has not been mentioned in the said circular. It appears that the realized amount is a deposit and in the lawful custody of the Port Authority and, as such, the question of limitation relating to refund und......Fazlul Karim J Md. Joynul Abedin J James Finaly Pic. Chittagong……………………Appellant Vs. Government of Bangladesh and others ............Respondents Judgment December 17, 2008. Result: Th......r Respondent No.2. Osman Gani, Deputy Attorney-General instructed by Md. Sajjadul Huq, Advocate-on-Record—For Respondent No.1. Civil Appeal No.202 of 2001. (From the judgment and order dated the 24th day of February, 1997 passed by the High Court Division in Writ Petition No.259..Category: Civil Law | Date: 17 Dec, 2008 | Hits: 7
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