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

....ion of condition No.3 of the lease deed dated 22.02.1982 and violation of conditions at F and J of the deed of partition executed   on 05.05.1985 amongst four allottees. 5. The learned Judges of the High Court Division upon hearing the parties made the Rule absolute vide judgment and ......herefore, 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. ......, 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. ......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. ..

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

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

....etitioners, was issued calling upon the oppo­site party No.1 to show cause as to why the judgment and decree dated 19.9.2004 (decree signed on 29.9.2004) passed by the learned Additional District Judge, 1st Court, Kushtia in T. A. No.143 of 2001 reversing the judg­ment and decree dated 16.9.......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.     ......arged, 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.     ...... 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.     ..

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. ......gh 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. ...... 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. ......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)

....order dated 5th February, 2003 in Civil Revision No.662 of 1999 passed by the High Court Division upon setting aside the judgment and decree dated 18.10.1998 passed by the learned Additional District Judge, Second Court, Barisal in Title Appeal No.85 of 1995 affirming those of dated 08.04.1995 passe......urt 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. ......sion. 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. ......with ulterior motive she converted them as a written statement by the defendant No.1 admitting the contract and prayed for dis­missal for the suit. 4. The defendant No.3, the People's Republic of Bangladesh contested the suit by filing written statement contending, inter alia, that the suit is n..

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

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

.... 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 of Civil Procedure) by the learned District Judge, Sylhet upon an application for rehearing of Title Appeal No.218 of 2002 should not be set asi......ipt of this order. Send down the Lower Court Records at once. Ed. This Case is also Reported in: 29 BLD (HCD) (2009) 394.           ......his order. Send down the Lower Court Records at once. Ed. This Case is also Reported in: 29 BLD (HCD) (2009) 394.           ......eipt of this order. Send down the Lower Court Records at once. Ed. This Case is also Reported in: 29 BLD (HCD) (2009) 394.           ..

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

Zahida Ahmed (Liza) Vs. Syed Noor Uddin Ahmed and another, 2009, 38 CLC (HCD)

....­tion of the custody and welfare of the child in an appropriate forum. 12. Meanwhile, on 1.3.2009 the petitioner filed Family Suit No.126 of 2009 before the 3rd Court of Additional Assistant Judge, and Family Court, Dhaka praying for the custody of child under section 25(1) of the Guardian ......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. ...... 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. ......or the respondents.  Writ Petition No.1344 of 2009. Judgment Syed Mahmud Hossain J.- In this appli­cation under Article 102 of the Constitution of the People's Republic of Bangladesh, a Rule Nisi has been issued calling upon the respon­dents to show cause as to why th..

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. ......r 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. ...... 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. ......tim Nurun Nahar Auntu is her daughter. Both she and her husband along with their aforesaid victim daughter had been living at Kuwait. Before 6 months of the occurrence she sent her victim daughter to Bangladesh to her maternal grandmother's house to prosecute her studies by staying with her. At the ..

Category: Women and Children | Date: 12 Mar, 2009 | Hits: 23

Mohammad Mosharraf Hossain Vs. Golam Mohamad and another, 2009, 38 CLC (AD)

....rved a legal notice upon the petitioner demanding payment and the petitioner received the said notice on 20.3.2007 but did not make any payment. Eventually the learned Metropolitan Additional Session Judge, by order dated 23.9.2007, framed charge against the petitioner under section 138 of the Act a......ision 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. ......d 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. ......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)

....ent 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 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......e 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 ......te 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 ......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)

....se No.12 dated 23.11.2003, corresponding to G.R. No.154 of 2003. It having been established that Rony was below the age of 16 years at the time of trial, the trial took place in the Court of Sessions Judge and Juvenile Court, Kushtia. At the conclusion of the trial, the learned Judge came to a findi......he 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. ......iary. 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. ......sion (Special 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. Res..

Category: Women and Children | Date: 11 Feb, 2009 | Hits: 189

A. J. M. Helal & others Vs. Bangladesh and others, 2009, 38 CLC (HCD)

....passed as to this Court may seem fit and proper. 3. Writ Petition No.3058 of 2008 is from judgment and order dated 12.02.2008 passed by the respondent No.3, Additional Metro­politan Sessions Judge, 1st Court, Chittagong in Sessions Case No.64 of 2007 arising out of C.R. Case No.150 of 2006 ......urrender 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.   ...... 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.   ......hellip;………………………………………………………Petitioner Vs. Bangladesh and others………………………&hellip..

Category: Corporate Law | Date: 9 Feb, 2009 | Hits: 5

AJM Helal Vs. Bangladesh and others, 2009, 38 CLC (HCD)

....nwards. The limitation to file a complaint as prescribed under section 142 (b) of the Act is one month. On trial, both the parties are entitled to adduce evidence both oral and documentary. The trial Judge in deciding the case under the Act has to consider first, whether the cheque in question was d......s 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. ......rected 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. ...... Court 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: The..

Category: Civil Law | Date: 9 Feb, 2009 | Hits: 45

Sontosh Kumar Shaha Vs. Government of Bangladesh and others, 2009, 38 CLC (HCD)

....o.3. Writ Petition No. 2438 of 2004. Judgment A.F.M. Abdur Rahman J.-This Rule Nisi, issued on 23.05.2004, at the instance of the writ petitioner Sontosh Kumar Saha, a Senior Assistant Judge of the Subordinate Judiciary, has called upon the respondents to show cause as to why the peti...... 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.         ......t 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.         ......wdhury J Sontosh Kumar Shaha…………………………………………Petitioner Vs. Government of Bangladesh and others………………Respondents Judgment ..

Category: Administrative Law, Constitutional Law | Date: 5 Feb, 2009 | Hits: 2

Subrata Majumder @ Liton Vs. State, 2009, 38 CLC (HCD)

....on of Sumol @ Shamol Mojumder of Village-Nadirkula (Chittra), Police Station-Rampal, District-Bagerhat be enlarged on bail in the above case on furnishing bail bond to the satisfaction of the learned Judge of the Nari-o-Shishu Nirjatan Daman Tribunal, Bagerhat who however is at liberty to cancel his......ishu 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. ......jatan 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. ......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.   ...... 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.   ......acant 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.   ...... Abdul Latif Howlader and others…………………………………………Petitioners Vs. Government of Bangladesh, represented by The Secretary, Ministry of Forrest and Environment, Bangladesh and others..

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)

....ision against the orders dated 27.10.2008, 10.11.2008 and 17.11.2008 passed by us. The learned Advocate also submitted that on 24.11.2008, an application for stay was moved before the learned Chamber Judge of the Appellate Division, who, without passing any interim order, posted the matter for heari......ity 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.   ......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.   ...... Present: Syed Mahmud Hossain J Quamrul Is­lam Siddiqui J Dr. Shipra Chaudhury and another………………Petitioners Vs. Government of Bangladesh and others…………Respondents Judgment January 19, 2009..

Category: Women and Children | Date: 19 Jan, 2009 | Hits: 10

Tashin Ali (Md.) Vs. Md. Shamsul Hoque and others, 2009, 38 CLC (HCD)

....s - For the Opposite Parties.  Civil Revision No.1970 of 2002. Judgment AKM Asaduzzaman J.- This rule arising out of Judgment and order dated 21-3-2002 passed by the Additional District Judge, Kurigram in Miscellaneous Appeal No.63 of 1996 affirming those dated 26-9-1996 passed by the ......nt of the Courts below are hereby affirmed. The order of stay passed earlier is hereby vacat­ed. Send down the LC records. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 220. ......e Courts below are hereby affirmed. The order of stay passed earlier is hereby vacat­ed. Send down the LC records. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 220. ......ent of the Courts below are hereby affirmed. The order of stay passed earlier is hereby vacat­ed. Send down the LC records. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 220. ..

Category: Property Law | Date: 15 Jan, 2009 | Hits: 38

Gour Netai Sri Sri Modan Mohan Das Bigraha Vs. Jahanara Islam Chowdhury and others, 2008, 37 CLC (HCD)

....J. - This Rule was obtained on behalf of the above deity upon making a revision application under section 115(1) of the Code of Civil Procedure against an order dated 1-6-08 passed by the District Judge at Dhaka in Title Appeal No. 140 of 2008, which dismissed the appeal upon rejection of the ap...... 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. ......on 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. ...... appellant is a third party and, as such, he has got no authority to challenge the ex parte decree. The suit having been decided on the merits up to the Appellate Division of the Supreme Court of Bangladesh in favor of the respondents and so this appeal can't be admitted." (underlined by me) ..

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. ......he 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. ......ssions 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. ...... Md. Fazlul Karim J  Md. Joynul Abedin J  James Finaly Pic. Chittagong……………………Appellant Vs. Government of Bangladesh and others ............Respondents Judgment December 17, 2008.  Resu..

Category: Civil Law | Date: 17 Dec, 2008 | Hits: 7

Nazimuddin (Md.) Chairman Vs. Government of Bangladesh, 2008, 37 CLC (HCD)

....d 30-3-2008 under section 27(1) of the Anti-Corruption Commission Act, 2004 read with Rule 15 of the Emergency Power Rules, 2007 corresponding to ACC GR Case No. 44 of 2008 now pending in the Special Judge Court No. 6, Sher-e-Bangla Nagar, Dhaka should not be declared to be without lawful authority ......and discussions as made above, we do not find any merit in this Rule which is accordingly, discharged without any order as to cost. This Case is also Reported in: 61 DLR (HCD) (2009) 81. ......ussions as made above, we do not find any merit in this Rule which is accordingly, discharged without any order as to cost. This Case is also Reported in: 61 DLR (HCD) (2009) 81. ...... Md. Ashfaqul Islam J Nazimuddin (Md.) Chairman ……………………………… Accused-Petitioner Vs. Government of Bangladesh represented by the Secretary, Ministry of Law……………&hel..

Category: Anti-Corruption Laws | Date: 4 Dec, 2008 | Hits: 149