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

....ant No.1 took entire burden of their fam­ily and the plaintiff and her brother were known as his adopted daughter and son, while in the year 1966 defendant No.1 Shayama Kanta Bandapadhya stopped his legal profession due to his physical dis­ability he took loan of Tk. 10,000/- (Ten thousand) from p......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. ..

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

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

....abbar, the learned Advocate appearing for the opposite party Nos.1-5 and 6 submits that when the plaintiffs preferred the appeal being No.218 of 2002 against the defendants 8-12 and 14 they had every legal right to be notified about filing of the appeal but they were not given the opportunity and th......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)

....e the sole basis for deciding the question of custody………………………………………(12) The detenu was illegally removed from the custody of his mother while he was in the U.K. The law of U.K. does not per...... 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. ..

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

Aysha Begum Vs. State, 2009, 38 CLC (HCD)

....will dispose of both Criminal Appeal No. 6945 of 2008 and Criminal Miscellaneous Case No. 13454 of 2008. 2. Criminal Appeal No. 6945 of 2008 has been preferred by one Aysha Begum challenging the legality of order dated 5-10-2008 passed in Nari-o-Shishu Case No. 545 of 2008 by the learned Nari-o......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)

....,00,000/-respectively in his favour and subsequently those cheques were dishonored on 28.8.2006 and 20.10.2006 respectively due to insufficient fund and then on 14.3.2007 the respondent No.1 served a legal notice upon the petitioner demanding payment and the petitioner received the said notice on 20......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)

.... the one contemplated under Section 41(1) of the Artha Rin Adalat Ain. In view of the above, Mr. Islam submits that the appeal before the learned District Judge filed by the auction purchaser was not legally maintainable, since the appellate Court had no pecuniary jurisdiction to entertain appeal ag......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)

....ementary affidavit and the annexures thereto. She submitted that Rony has no competent guardian and hence she was approached by Save the Children 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 1......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. ..

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

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

....dable. Mr. Kamruzzaman, the learned Advocate in support of his submission relied on the decisions reported in 44 DLR (AD) 260, 10 BLD (AD) 190 and 26 BLD (AD) 250. 17. In order to appreciate the legal aspects involved in this case it would be useful, if we trace the scheme and purpose of the am......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)

.... 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 dishonored and whether after fulfilling the legal requirement of section 138 (b) and (c) of the Negotiable Instruments Act the case was filed or......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)

....ice (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 orders as to this Court may seem fit and ......ordinate judicial officer under suspension and the proposal for initiat­ing departmental proceeding against the said subordinate judicial officer since attracts the prospective degradation of his status as the judicial officer, the same attracts the provision of Rule 3(d) of the High Court Rules..

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

Abdul Latif Howlader and others Government of Bangladesh and others, 2009, 38 CLC (HCD)

.... Memo No.পবম/শা-২/বগ-২/২০০২/৭৯৬ 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, ......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

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

....stered deed of Heba-bil-Ewaz from the heirs of the seller, who obtained the suit property through auction in a Rent suit, unless and until the said Rent suit is declared in any Court to be void and illegal, a Court taking the case for pre-emption cannot ignore and deny the existence of Rent suit as ......t, unless and until the said Rent suit is declared in any Court to be void and illegal, a Court taking the case for pre-emption cannot ignore and deny the existence of Rent suit as well the title and status of the pre-emptor as claimed.....................(12) Lawyers Involved: Golam Rabbani, ..

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)

....of 2006, which was ordered to be heard along with above CP No. 992 of 2006 and was ultimately not pressed. 17. Learned Advocate for the petitioner submitted that learned District Judge most illegally dismissed the appeal mainly on the view that the petitioner had no locus standi after dismi......ot be binding upon the District Judge. The learned District judge shall be absolutely free to hear afresh and dispose of the matter, which is sent back to him. Parties are directed to maintain status quo in respect of possession until disposal of the aforesaid matter by the learned District ..

Category: Hindu Law | Date: 18 Dec, 2008 | Hits: 22

James Finaly Pic. Chittagong Vs. Government of Bangladesh and others, 2008, 37 CLC (AD)

....f the learned Advocate the appellant that "The High Court Division after considering the writ petition and the affidavit-in-opposition on behalf of the respondent No.2 found the impugned order illegal on merit but discharged the Rule on technical ground which needs interference by this Division......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

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

....wer 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 is of no legal effect. 2. Facts relevant for disposal of the Rule, in brief, are that the petitioner was...... 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. ..

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

MM Ali Ispahani Vs. MM Ispahani Ltd., 2008, 37 CLC (HCD)

.....1992 the Petitioner No. 1 addressed a letter to the Company putting it on notice of his right to some 14,283 shares of his late father MMI by way of transmission, given that the other five surviving legal heirs of MMI had relinquished their rights to these shares in favour of the Petitioner No. 1 (......o be taken over by the Government of Bangladesh as abandoned properties in early-1972 under President’s Order No. 16 of 1972. It is noted that the Company itself was released from its abandoned status in 1974. It is shown that in the second-half of 1972 the Three Patriarchs the Petitioner No. ..

Category: Company Law | Date: 4 Dec, 2008 | Hits: 505

Abul Kashem (Md.) Vs. Government of Bangladesh and others, 2008, 37 CLC (HCD)

....Samabi Adhidaptor, Dhaka and the Chairman, Election Commission, Sonar Bangla Samabai Cotton Mills Ltd. canceling the nomination paper of the petitioners should not be declared to have been passed illegally, without jurisdiction and without lawful authority and is of no legal effect. 3. The ......ithout any order as to cost. The order of stay granted earlier by this Court is hereby vacated and recalled. Ed. This Case is also Reported in:  61 DLR (HCD) (2009) 249.  ..

Category: Others | Date: 27 Nov, 2008 | Hits: 4

Kamal Hossain (Md.) alias Md. Kamal Pramanik Vs. State, 2008, 37 CLC (HCD)

....o suffer rigorous imprisonment for six months more. The father was acquitted, as no charge under sections 9(1)/30 of the aforesaid Act was proved against him. So, they submitted that there is no illegality in the impugned judgment and order which needs interference by this Court in appeal. ......he LC records along with a copy of this judgment to the Tribunal concerned immediately for information and necessary action. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 505. ..

Category: Women and Children | Date: 23 Nov, 2008 | Hits: 7

Professor Dr. A F M Ruhul Haq and Others Vs. Govt. of Bangladesh & Others, 2008, 37 CLC (HCD) [অধ্যাপক ড.এ, এফ, এম, রুহুল হক গং বনাম বাংলাদেশ গং, ২০০৯, ৩৭ সিএলসি (হাইকোর্ট ডিভিশন)]

....the notification bearing No. BaSoKoKoSo/Unit-6/Sorasori-2/2006(1-81) 94 dated 28.05.2006 issued by respondent no. 3 should not be declared as have been issued without lawful authority and to be of no legal effect as being violative of the petitioners fundamental rights as guaranteed under Articles 2......রতিবেদন দাখিল করিবেন। বিচারপতি মোঃ আবু তারিক.-আমি একমত। Ed. This Case is also Reported in: ..

Category: Civil Law, Employment/Service Law | Date: 18 Nov, 2008 | Hits: 3

Abdul Hai (Md.) Vs. Bangladesh and others, 2008, 37 CLC (HCD)

....disclosed in Annexure-F discharging and affirming such discharge of the petitioner from the Service of Bangladesh Rifles should not be declared to have been made without lawful authority and is of no legal effect and/or pass such other or further order/orders as to this Court may seem fit and proper......y his all retirement benefits as he is entitled under the law prevailing up to date. However, there shall be no order as to costs. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 485. ..

Category: Employment/Service Law | Date: 18 Nov, 2008 | Hits: 33