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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. ......ending, 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, Narayanganj rejected the appl......it for Specific Performance of Contract in the Court of learned Joint District Judge, First Court, Narayanganj being Title Suit No.11 of 2006 alleging inter alia, that the defendant No.1 got the suit land from Rajuk and mortgaged the same with Sonali Bank, Tanbazar Branch, Narayanganj. He wanted to ..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. ......such the authority re-entered the said unit-B (any part) and cancelled the allotment and lease deed of unit-B. He submits that the aforesaid lease agreement contains 29 conditions for 99 years and in case of violation of any of the said 29 conditions, the authority is empowered to terminate the leas......ossession of said plot. After receipt of the entire lease money, said respondent No.7 on behalf of the President of the Republic executed and registered a lease deed dated 22.02.1982 leasing out said land to the four allottees for 99 years. All four allottees also signed the deed as second party. Th..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. ......ule to the plaint which were executed by one Lokman Sarder in favour of his daughter, Mst. Amena Khatun which are under challenge. 4. During trial defendant No.5 Abdul Jalil compromised the case with the defendant and the rest plaintiffs contested the case. 5. The sole defendant Mst. ......aintiff Nos.1-5 are full brothers and the sole defendant is their sister and the plaintiff No.6 is their mother. The aforesaid two registered deeds are Heba-bil-ewaz deeds in respect of the suit land mentioned in the schedule to the plaint which were executed by one Lokman Sarder in favour of h..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.
......e Division
(Civil)
Present:
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. ......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.
..
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 disÂmissed without any order as to cost. Ed. This Case is also Reported in: VII ADC (2010) 155. ......se the same and or to lend money. The defendant Nos.1 and 2 never took money from her as consideration for sale of the suit land nor executed the alleged agreement for sale in her favour. The further case is that during the liberation war, defendants left this country for India leavÂing the suit pr......rom plaintiff and upon taking a further loan of Tk. 7000/- (Seven thouÂsand) he executed a bainapatra on 15.01.1971 at Barishal acknowledging his earlier receipt of Tk. 10,000/- for sale of the suit land and delivered its possession to her and there was a stipulation that defendant No.1 would execu..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. ......tioners have further asserted that they did not get any opportunity to resist the claim of the appellants and that they came to know about the said Judgment and decree only on 10.3.2004 and hence the case. 5. Opposite party Nos.1-29 and 30-32 filed two separate written objections denying the ma......urt of Senior Assistant Judge, Balaganj, Sylhet. 3. Plaintiffs claimed that Amir Kha, the predecessor-in-interest of both the plaintiffs and the defendants was the original owner of the schedule land who died leaving behind 3 sons Haban Ali, Mofiz Ali and Nochin who got 1/3 share each of the pr..Category: Property Law | Date: 9 Apr, 2009 | Hits: 2
Zahida Ahmed (Liza) Vs. Syed Noor Uddin Ahmed and another, 2009, 38 CLC (HCD)
.... There is no order as to costs. Quamrul Islam Siddiqui J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 168, 29 BLD (HCD) (2009) 375, 14 MLR (HCD) (2009) 465. ......had to file the instant Writ Petition and obtained the Rule Nisi. 8. Respondent Nos.1 and 2 filed an affidavit-in-opposition denying all the material allegations made in the Writ Petition. Their case, in short, is that the detenu was not diagnosed with psychological or mental disability.He had ......to the issuance of the Rule, in brief, are: The petitioner was given in marriage to respondent No.1 on 27.2.1998. The petitioner is the mother of the detenu child. She has been residing in London, England for the last 6 years. Currently, she has been enrolled in two years' diploma course in busi..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. ......udgment 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 In a Nari-o-Shishu case, the victim is not an accused and thus the question of her releas......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. ..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. ......at the petition of complaint of the C.R. Case No. 183 of 2007 clearly discloses cause of action as the petitioner duly received the notice for payment and further the trial has been concluded and the case is fixed for argument. The High Court Division, after hearing, discharged the Rule. 2. We ha......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. ..Category: Banking Law | Date: 26 Feb, 2009 | Hits: 150
Advance Sweater Industry Ltd Vs. Mohiuzzaman Chowdhury and others, 2009, 38 CLC (HCD)
....de absolute without any order as to costs. The impugned judgment and order of the learned Additional District Judge is set aside. Ed. This Case is also Reported in: 21 BLT (HCD) (2013) 16 ......e application as an independent miscellaneous proceeding. But it treated the proceeding as one under Order 21 Rule 89 C.P.C. and in that view of the matter, it ought to have registered an independent case number. At any event, in the appellate Court the learned District Judge treated it as a miscell......de absolute without any order as to costs. The impugned judgment and order of the learned Additional District Judge is set aside. Ed. This Case is also Reported in: 21 BLT (HCD) (2013) 16 ..Category: Civil Law, Procedural Law | Date: 18 Feb, 2009 | Hits: 1
Fahima Nasrin Vs. Government of Bangladesh and others, 2009, 38 CLC (HCD)
....the Judiciary. Let the lower Court records be transmitted at once along with a copy of this judgment. Sheikh Abdul Awal J. - I agree. This Case is also Reported in: 61 DLR (HCD) (2009) 232. ......cause as to why the detenu shall not be released and discharged on his attaining the age of 18 years in accordance with the provisions of section 67 of the Children Act, 1974. 2. The facts of the case, in brief, are that Md. Zahidul Hasan, alias Rony, henceforth referred to as Rony, was accused ......es of children. Efforts must be made to explore the root causes of the children’s deviant behaviour and to remedy that. They are to be given all the benefit that our Constitution and the law of the land provide for them. We are also obliged to implement various beneficial provisions of internation..Category: Women and Children | Date: 11 Feb, 2009 | Hits: 189
A. J. M. Helal & others Vs. Bangladesh and others, 2009, 38 CLC (HCD)
....surrender their respective bail bond within 2 (two) months from date. Communicate this judgment at once. Ed. This Case is also Reported in: 29 BLD (HCD) (2009) 264. ...... Petitioner (In Writ Petition No.3524 of 2008). M. Faruque, Advocate-For the Respondent No.3. Md. Abdus Samad Kamal, Deputy Attorney-General-For the Government-Respondents (In all cases) Writ Petition No.3058 of 2008, Writ Petition No.6720-21 of 2008, Writ Petition No.5530 o......surrender their respective bail bond within 2 (two) months from date. Communicate this judgment at once. Ed. This Case is also Reported in: 29 BLD (HCD) (2009) 264. ..Category: Corporate Law | Date: 9 Feb, 2009 | Hits: 5
AJM Helal Vs. Bangladesh and others, 2009, 38 CLC (HCD)
....rs are directed to surrender their respective bail bond within 2(two) months from date. Communicate this judgment at once. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 479. ...... Result: These Rules are discharged without any order as to costs. Reasons behind amendment of section 138 of 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 o......rs are directed to surrender their respective bail bond within 2(two) months from date. Communicate this judgment at once. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 479. ..Category: Civil Law | Date: 9 Feb, 2009 | Hits: 45
Sontosh Kumar Shaha Vs. Government of Bangladesh and others, 2009, 38 CLC (HCD)
....s judgment at their end. 72. However, there shall be no order as to costs. Ed. This Case is also Reported in: 29 BLD (HCD) (2009) 301. ......ny approval from neither the G.A. Committee nor from the full Court of the High Court Division and only got a nod from the honorable Chief Justice of Bangladesh. Thereafter two departmental case, one being No.4 of 2000 dated 16.10.2000 and other being No.3 of 2000 dated 18.10.2000 was init......s judgment at their end. 72. However, there shall be no order as to costs. Ed. This Case is also Reported in: 29 BLD (HCD) (2009) 301. ..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. ...... under sections 7/9/(3)/30 of the Nari-o-Shishu Nirjatan Daman Ain, 2000 (hereÂinafter called the Ain) rejecting the application for bail of appellant Subrata Majumder @ Liton. 2. The prosecution case, is that the accused persons including the appellant on the night of occurrence abducted the vi......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. ..Category: Women and Children | Date: 5 Feb, 2009 | Hits: 127
Abdul Latif Howlader and others Government of Bangladesh and others, 2009, 38 CLC (HCD)
....e being vacant posts of similar scale available. Let a copy of this judgment and order be transmitted at once. Ed. This Case is also Reported in: 29 BLD (HCD) (2009) 280. ......¨/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 relevant for disposal of this Rule, are that the petitioners and 33 others ......e being vacant posts of similar scale available. Let a copy of this judgment and order be transmitted at once. Ed. This Case is also Reported in: 29 BLD (HCD) (2009) 280. ..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)
....rity and in an unlawful manner. 38. There is no order as to costs. I Agree Quamrul Islam Siddiqui J. Ed. This Case is also Reported in: 29 BLD (HCD) (2009) 183. ......detention of respondent Nos.1 to 3, but to no avail. 10. Finding no other alternative, petitioners filed the instant Writ Petition and obtained the present Rule Nisi. 11. When the case was fixed for .hearing, respondent No.9 filed an application for addition of party. In the......yed Farhan Ali (Rajib) of her own volition. For fear of a hostile reaction from her parents the detenu did not inform of the marriage and continued the marital relationship with Syed Farhan Ali in a clandestine manner. When respondent Nos.1 and 2 came to learn of this marriage, they subjected her to..Category: Women and Children | Date: 19 Jan, 2009 | Hits: 10
Tashin Ali (Md.) Vs. Md. Shamsul Hoque and others, 2009, 38 CLC (HCD)
....ent of the Courts below are hereby affirmed. The order of stay passed earlier is hereby vacatÂed. Send down the LC records. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 220. ..........................Petitioner Vs. Md. Shamsul Hoque and others…………………..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......the suit jote was purchased by one Chanda Bibi in auction on execution of the decree passed in Rent Suit No.593 of 1951. The heirs of Chanda Bibi named A Sattar and Suratan Nessa transferred the said land by way of Heba-bil-Ewaz dated 11-11-1985 in favour of pre-emptor. The pre-emptor has got a shop..Category: Property Law | Date: 15 Jan, 2009 | Hits: 38
....pect of possession
until disposal of the aforesaid matter by the learned District Judge.
Send down the record at once.
Ed.
This Case is also Reported in: 61 DLR (HCD) (2009) 141.
....... Present petitioner Umananda Saha is a
Devotee of the deity by generation. He has been offering 'Puja' every day to the deity.
3. On 22-4-08 the police came to the temple
in connection with a case. On enquiry and upon receipt of information from the
Court on the very same date, he came to k......pect of possession
until disposal of the aforesaid matter by the learned District Judge.
Send down the record at once.
Ed.
This Case is also Reported in: 61 DLR (HCD) (2009) 141.
..
Category: Hindu Law | Date: 18 Dec, 2008 | Hits: 22
James Finaly Pic. Chittagong Vs. Government of Bangladesh and others, 2008, 37 CLC (AD)
....the submissions of the learned Advocate for the appellant. Accordingly, the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 19 BLC (AD) (2013) 79. ......The Appeal, by leave, is directed against the judgment and order dated 24-2-1997 passed by the High Court Division in Writ Petition No.2595 of 1990 discharging the Rule. 2. The facts of the case, in short, are that respondent, Chittagong Port Authority and other Shipping Agents realized cr......the submissions of the learned Advocate for the appellant. Accordingly, the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 19 BLC (AD) (2013) 79. ..Category: Civil Law | Date: 17 Dec, 2008 | Hits: 7
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