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Shafiullah Chowdhury and others Vs. State, 2009, 38 CLC (HCD)

.... 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. ...... Present: AKM Fazlur Rahman J Md. Delwar Hossai J Shafiullah Chowdhury and others…………………..Accused-Petitioners Vs. The State……………………Opposite party Judgment August 12, 2009. Result: The Rule is made absolute. ..

Category: Procedural Law | Date: 12 Aug, 2009 | Hits: 8

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

....got no existence in between 7-2-07 to 24-2-2007 yet notice is a valid notice and if there is any error or omission it can be cured under sections 537 and 535 of the Code of Criminal Procedure and any defect that can also be regularised under the said sections. By referring Exhibit 4 he submitted tha...... he has submitted report after getting electrical parts. He did not enquire about the wind factor. Mr. Karim then submits that the evidence given by P.W. 18 is unreliable because he himself was not a party with the team who made the assessment and is not supported by any cogent evidence as to the va..

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)

.... 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. ......ssed by learned Senior Assistant Judge, third Court, Dhaka, decreeing S.C.C. Suit No.05 of 1996. 2. Short facts leading to this Rule are that on 21-03-1996 Nani Gopal Sen predecessor of opposite party nos. 1-7 as plaintiffs institut­ed S.C.C. Suit No.05 of 1996 in the third Court of Senior ..

Category: Tenancy Law | Date: 5 Jul, 2009 | Hits: 154

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. ......far Rahman Akond, Advocates - For the Opposite Party No.1. Civil Revision No.284 of 2005. Judgment Syed Abu Kowser Md. Dabirush Shan 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 respective..

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. ......e Court all material evidence available to it which is necessary for unfolding its case. If withholding of a witness is influenced by an oblique nature, the Court may draw an inference against the party withholding it. If a material witness is deliberately or unfairly kept back, a serious doubt ..

Category: Women and Children | Date: 22 Jun, 2009 | Hits: 9

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. ......aid the said amount of pay. 22. In Writ Petition No.12157 of 2006 it is stated that the petitioner was appointed in Biman as Assistant cook on 20-8-1984 and he was promoted to the post of Chief De-party (Kitchen) and last he was serving in the same post highest satisfaction of Biman. It is furthe..

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. ......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. ...... Court of the learned Metropolitan Magistrate, Khulna should not be quashed. 2. Necessary facts for the purpose of dis­posal of the Rule, in short, is that, on 26-05-2005 the Complainant opposite party No.2 filed a petition of Complaint before the Court of Chief Metropolitan Magistrate, Khulna C..

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.                 ......it before the Notary public on 10.11.1986. The petitioner let out the case property to Military Estate Office, Dhaka on 11.12.1981 and has been possessing the same through his tenant. 4. The 2nd party contested the case by fil­ing written objection denying the claim of the petitioner made i..

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. ......d on behalf of respondent No. 3. Respondent No. 7, the Vice-Chancellor of Dhaka University filed affidavit-in-opposition. The case of this respondent is that the University of Dhaka has not been made party and that only impleading the Vice-Chancellor as respondent No. 7 is not enough and as such the..

Category: Women and Children | Date: 14 May, 2009 | Hits: 330

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

....d before the expiry of 15 days from the date of receipt of the notice, the proceeding is not liable to be quashed." 24. If the cause of action is matured during the pendency of the proceeding, the defect of pre-maturity of cause of action could be cured. Though the above principle is laid down in......d not arisen at all, as such, the proceeding against the accused petitioner is abuse of the process and is liable to be quashed. 6. Mr. Yusuf Hossain Humayun, the learned Advocate for the opposite party No.1, on the other hand, submits that notice was served through registered post with AD which ..

Category: Banking Law | Date: 4 May, 2009 | Hits: 280

Zahed Hossain (Md.) Vs. State and another, 2009, 38 CLC (HCD)

.... he has filed the case within schedule time. If these conditions are fulfilled, there is no bar to get relief. In the instant case, the accused-petitioner has taken the plea of separate trial only to defect the purpose of legislation and to delay the disposal of proceedings. There is no legal ground......ich 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 disposal of this Rule, that opposite party No. 2 Md. Rafiqul Alain as complainant filed a petition of complaint before the Chief Metropol..

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. ......e - For opposite parties.  Civil 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 Ju..

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. ......half 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. Then on joint prayer of the said four allottees, the Rajdhani Unnayan Kartipakkha (RAJUK) acc..

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.     ...... Parties. Civil Revision No. 5086 of 2004. Judgment Afzal Hossain Ahmed J.-This Rule, at the instance of the plaintiff-respondent-petitioners, 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 29.9.20..

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. ......to the post the position of the Chairman of Nawabganj Pahrashava was changed by a public election. The respondent No.3 was elected the Chairman of Nawabganj Paurashava as a candidate of the four party alliance and he took over the charge of the office on 07.10.2004. The ex-chairman at the time ..

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

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.           ......te Parties. Civil Revision No.1245 of 2005. Judgment 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..

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. ......eld: "It is well settled that in matters concerning the custody of the minor children, the paramount consideration is the welfare of the minor and not the legal right of this and that particular party." 15. The General Assembly of the United Nations adopted the International Conventio..

Category: Family Law, Women and Children | Date: 16 Mar, 2009 | Hits: 182

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 ......es Judgment February 18, 2009. Result: The rule is made absolute. Lawyers Involved: 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..

Category: Civil Law, Procedural Law | Date: 18 Feb, 2009 | Hits: 1

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.         ......eding No.3 of 2000 and 4 of 2000 along with other prayers and the parties were not the same in both the writ petitions, since the Registrar of Bangla­desh Supreme Court, Respondent No.2 was not a party in the earlier writ petition. There­fore the principle of res-judicata can not be applied ..

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