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Paresh Chandra Biswas Vs. Sree Sree Shashan Kalimata Idol and others, 2009, 38 CLC (HCD)
....he result, the appeal is dismissed with costs. The connected Rule is discharged. Send down the lower Court records at once. Ed. This Case is also Reported in:61 DLR (HCD) (2009) 679. ...... deed of endowment from the record. We noticed that the plaintiffs had filed the deed of endowment in the course of trial of the suit but they did not mark it as exhibit. In this Court, they filed an application for recording additional evidence for exhibiting the deed of endowment. We have allowed ..Category: Others, Property Law | Date: 16 Dec, 2009 | Hits: 94
Nirmal Chandra Shaha Vs. The State and others, 2009, 38 CLC (HCD)
....liance to the Registrar of this Court. With the above directions and observations, the appeal is allowed. Naima Haider J. - I agree. This Case is also Reported in: 30 BLD (HCD) (2010) 584. ...... Ms. Fauzia Karim, Advocate with Ms. Syeda Anwara Sattar, Advocate-For the respondents No.2-4. Criminal Appeal No.6036 of 2009. Judgment Md. Imman Ali J.- This appeal arises out of an application filed by the father of Kanamika @ Kona Shaha for her custody, which was rejected by the ..Category: Women and Children | Date: 14 Dec, 2009 | Hits: 150
Md. Saiful Islam and others Vs. State and another, 2009, 38 CLC (HCD)
....ber 8, 2009. Result: The Rule is made absolute. The Code of Criminal Procedure, 1898 (V of 1898); section 200 Naraji petition A naraji petition is treated as a fresh complaint. Taking cognizance of offence on the basis of naraji petition without examining the......ey-General with Md. Khalilur Rahman, Assistant Attorney-General - For the State. Criminal Miscellaneous Case No.6767 of 2003. Judgment ATM Fazle Kabir J.- This Rule was issued on an application under section 561A of the Code of Criminal Procedure filed by accused-petitioner Md. Sa..Category: Women and Children | Date: 8 Dec, 2009 | Hits: 14
....onstruct a boundary wall which has been
demolished by the contractor within such period.
Stay granted earlier by this court is
hereby vacated.
Ed.
This Case
is also Reported in:
......:
Md. Manzill
Murshid, Advocate - For the Petitioner.
M.A. Baqui,
Advocate-For the Respondent.
Writ Petition
No. 6235 of 2006.
Judgement
Mohammmad
Anwarul Haque J.- On an application under article 102 of
the Constitution of People’s Republic of Bangladesh filed by Hum..
Category: Constitutional Law | Date: 17 Nov, 2009 | Hits: 6
Md. Jubayer Vs. State and others, 2009, 38 CLC (HCD)
....der be sent to the Court concerned at once for information. Afzal Hossain Ahmed, J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 343; 15 MLR (HCD) (2010) 424 . ......xamined the complainant under section 200 of the Code of Criminal Procedure and fixed 02.10.2007 for appearance of the accused-petitioner. The accused-petitioner appeared on 01.10.2007 and filed an application for bail and accordingly, he was enlarged on bail. 5. Ultimately, the case was tr..Category: Criminal Law | Date: 9 Nov, 2009 | Hits: 128
Zahirul Islam & others Vs. Government of Bangladesh others, 2009, 38 CLC (HCD)
....r annexure with the petition, mainly pressed that the impugned notices dated 1-2-2003 for re-hearing of the appeal Case Nos. 2846/99, 2847/99, 2849/99, 2850/99, 2857/99, 2858/99, 2859/99 and 3025/99 afresh has been issued. Without any lawful authority and without jurisdiction which should be de......hearing of the appeal cases is absolutely in violation of State Acquisition and Tenancy Rules, 1955. He submits that once the appeal has been disposed on contest under Rule 31 no review or other application lies and settlement authority has no jurisdiction to re-open the mailer other than to se..Category: Property Law, Tenancy Law | Date: 28 Oct, 2009 | Hits: 5
Dr. Mir Jamal Uddin and others Vs. Dr. Nawzesh Farid and others, 2009, 38 CLC (AD)
....itution. 18. It appears that in each case, on the requisition made by the Government, the PSC readily enlarged the number of the recommended candidates without even considering the necessity for fresh advertisement, as such, the High Court Division rightly declared the impugned memorandums issu......4, 2396, 3365, 361, 4240, 2472, 2239 and 3259 of 2007. 2. The facts leading to the filing of the above noted writ petitions, in brief, are that Bangladesh Public Service Commission (PSC) invited applications vide notification dated 28.05.2006, published in various news papers for appointment in..Category: Employment/Service Law | Date: 14 Oct, 2009 | Hits: 118
Md. Rezaul Kabir Vs. State and another, 2009, 38 CLC (HCD)
....py of this judgment and order be sent to the Special Judge and Sessions Judge, Mymensingh for information and necessary action. Ed. This Case is also Reported in: 14 MLR (HCD) (2009) 482. ......eet being Charge Sheet No.328 dated 31.12.2008 under Section 161 of the Penal Code read with Section 5(2) of the Prevention of Corruption Act, 1947 against the said accused. 4. On 28.01.2009, an application under section 265C of the Code of Criminal Procedure was filed before the learned Specia..Category: Anti-Corruption Laws | Date: 11 Oct, 2009 | Hits: 10
Md. Mainul Haque Bhuyan Vs. Md. Akkas Miah, 2009, 38 CLC (HCD)
.... Order. Let a copy of the judgment be sent to the Assistant Judge, Second Court and House Rent Controller, Dhaka at once. Ed. This Case is also Reported in: 14 MLR (HCD) (2009) 425. ......ip;……………………………………(7) The proceeding under the House Rent Control Act, 1991 is a summary one. The application under the said Act cannot be termed as a plaint. What a plaint should contain has been p..Category: Tenancy Law | Date: 6 Oct, 2009 | Hits: 127
State Vs. Secretary, Ministry of Law, Justice & Parliamentary Affairs and others, 2009, 38 CLC (HCD)
....tentiary system as well as community leaders and local government officials must be aware and sensitised to the needs of children in contact with the law. 2. Initial training and all subsequent refreshers training/courses for Judges, Judicial Magistrates and Executive Magistrates should include ......after recording the statement of the victim, did not pass any other order to send the girl to the safe home. Subsequently, on 07.04.2009 the Officer-in-Charge of Osmani Nagar Police Station lodged an application with a prayer to allow the victim's mother to remain with her in the safe home. Although..Category: Women and Children | Date: 3 Sep, 2009 | Hits: 198
.... order of the Trail Court preferred appeal
before the District Judge, Faridpur. After hearing the parties the appeal was
allowed and the pre-emption case was remanded to the Trial Court for trial
afresh on fresh evidence giving opportunity to the parties.
7. After the
remand, the Trial Cour...... Opposite Parties.
Civil Revision No.379 of 1976.
Judgment
Md. Mamtaz Uddin Ahmed J.- Supplementary
affidavit filed by the petitioner today be treated as part of the main
revisional application.
2. The Rule was
issued at the instance of the pre-emptee on the following terms:
..
Category: Property Law | Date: 25 Aug, 2009 | Hits: 3
Sheikh Mashuk Rahman Vs. State and another, 2009, 38 CLC (HCD)
....ult the Rule is discharged. The order of stay granted earlier by this court is hereby vacated. Communicate the order. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 28. ...... Md. Abul Hossain, Advocate-For the Petitioner MA Muntakim, Advocate - For the Opposite Parties. Civil Miscellaneous Case No. 154 of 2008. Judgment Md. Rezaul Hasan J. - On an application under section 561A of the Code of Criminal Procedure, this Rule was issued calling upon ..Category: Banking Law | Date: 16 Aug, 2009 | Hits: 190
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. ...... Md. Abdul Khaleque, Assistant Attorney-General - For the Opposite party. Criminal Miscellaneous Case N0.1299 of 2007. Judgment Md. Delwar Hossain J.- This Rule was issued upon an application under section, 561A of the Code of Criminal Procedure calling upon the opposite party t..Category: Procedural Law | Date: 12 Aug, 2009 | Hits: 8
Sree Ashish Kumar Shaha Roy Vs. Al-Haj Md. Wasidul Islam and others, 2009, 38 CLC (AD)
.... therefore find any substance in any of the submissions of the learned Counsel for the petitioner. This petition is accordingly dismissed. Ed. This Case is also Reported in: 21 BLT (AD) (2013) 13. ......tion for leave to appeal has been filed against the judgment and order dated 28.4.2008 passed by the a Division Bench of the High Court Division in Civil Order No. 1775 of 2008 summarily rejecting an application filed under Section 115(1) of the Code of Civil Procedure affirming the judgment and dec..Category: Property Law | Date: 23 Jul, 2009 | Hits: 6
Dr. Mohiuddin Khan Alamgir Vs. ACC and another, 2009, 38 CLC (HCD)
....d. Since the appellant is on bail, let him be released from the bail bond. Send down the lower Court records at once. Ed. This Case is also Reported in: 15 BLC (HCD) (2010) 107. ......erred the case for disposal by the Special Judge, Court No. 3 Dhaka. Before framing of charge, the said Commission prayed before the trial Court for further investigation. The trial Court allowed the application for further investigation. The said Commission appointed one Syed Iqbal Hossain, Deputy ..Category: Anti-Corruption Laws | Date: 13 Jul, 2009 | Hits: 286
....er month by the plaintiff on receiving Tk. 7,500/- as advance. Subsequently rent was enhanced from time to time. Later on plaintiff took Tk. 32,500/- as advance for repairing of the suit premises and fresh tenancy agreement was made between them, on 28-07-1987. It is pertinent to point out that plai...... 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.
..
Category: Tenancy Law | Date: 5 Jul, 2009 | Hits: 154
Most. Abu Tara Vs. Md. Abdur Rahim Khan and others, 2009, 38 CLC (HCD)
.... 3, 00,000/= to the opposite party No.1 and in that way the dispute regarding the said Bainanama was compromised between the parties and in the same sitting i.e. on 15.12.97 the petitioner executed a fresh Bainanama in favour of the opposite party No.1 for the sale of the suit lands. That on 29.10.2...... aggrieved by and dissatisfied with the Judgment and decree passed by the learned Additional District Judge, 6th Court, Dhaka, the defendant-respondent-opposite party preferred the instant revisional application before the High Court Division under Section 115 of the Code of Civil Procedure and obta..Category: Evidence Law | Date: 25 Jun, 2009 | Hits: 42
Agrani Bank Vs. Md. Abdul Khaleque & another, 2009, 38 CLC (HCD)
....dismissed, the judgment and the decree of the trial court is hereby set aside. Send down the L.C. record immediately. Md. Abu Tariq J.- I agree. Ed. This Case is also Reported in:......he loanee defendants. On 29.10.91 while the plaintiff Bank was taking preparation for filing a suit against the loanee defendants after service of the legal notice on 22.12.91 the defendants filed an application praying for remission of the interest and assured to repay the loan after the considerat..Category: Banking Law | Date: 23 Jun, 2009 | Hits: 153
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. ......ince the impugned letters were issued by Bangladesh Biman Corporation and subsequently it has been converted into Biman Bangladesh Airlines Limited which is a public limited company against which application under Article 102 of the Constitution cannot be maintained. The learned Advocate furth..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. ......rned Advocate appearing for the petitioners seeks to impeach the impugned judgment and order on two fold arguments. Firstly, the judgment and order under challenge is not an exparte decree. So the application under the Provisions of Order IX Rule 13 of the Code cannot be entertained. Secondly th..Category: Procedural Law | Date: 28 May, 2009 | Hits: 3
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