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Nirmal Chandra Shaha Vs. The State and others, 2009, 38 CLC (HCD)
.... 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 impugned order dated 6.07.2009 passed by the learned Judge of the Nari-o-Shishu Nirjatan Daman Tribunal, Laxmipur i......ubmits that the wishes of the girl have no relevance so far as it relates to the custody of a minor as has been decided in several cases by our Appellate Division. In this regard he has mentioned the decision in the case of Abdul Majid Sarker (Md.) Vs. State and others, 55 DLR (AD) 1, where it was d..Category: Women and Children | Date: 14 Dec, 2009 | Hits: 150
Government of Bangladesh Vs. Syed Md. Belayet Hossain, 2009, 38 CLC (HCD)
....etitioners. Syed Mahbubar Rahman, Advocate-on-Record-For the Respondent. Civil Petition for Leave to Appeal No.1889 of 2009. (From the judgment and order dated 11.08.2009 passed by the High Court Division in Writ Petition No.9788 of 2007). Order Md......PO Scheme as Principal of the said College but the respondent No.2 kept the matter pending and ultimately vide Memo No. ৭জি/৫২৭(ক-৩/০৫/১৪৫৫৯/ক-৩ dated10.10.2006 gave decision in the negative with an endorsement that অধ্যক্ষ হিসাবে নিয়..Category: Employment/Service Law | Date: 10 Dec, 2009 | Hits: 159
Md. Saiful Islam and others Vs. State and another, 2009, 38 CLC (HCD)
....r Md. Saiful Islam and 3 others calling upon the opposite parties to show cause 5 as to why the impugned proceeding of 2 Nari-O-Shishu Case No.306 of 2002; arising out of Belkuchi P.S. Case No.14 5 dated 31.01.2002 corresponding to G.R. Case No.60 of 2002 under sections 11(Ka)(Kha)/30 of the Nar......the proceeding of this case is abuse of the process of this Court and accordingly it is liable to be quashed. In support of his contention the learned Advocate for the accused-petitioners referred decisions in the case of Abul Kashem Khan Vs. the State reported in 56 DLR 435 and in the case of ..Category: Women and Children | Date: 8 Dec, 2009 | Hits: 14
Rezaul Kabir (Md.) and another Vs. Bangladesh and others, 2009, 38 CLC (HCD)
....ith 314 of 2008. Judgment Tariq-ul-Hakim J.- Rules Nisi were issued calling upon the respondents to show cause as to why the impugned Memo No.পৌর-১/এম-৪/২০০১/৯৮৬ dated 4-10-2007 (Annexures B, C, D), issued under the signature of the respondent No. 2 to 4 directi......City Corporation, by filing Affidavit-in-Opposition denying the material allegations. It has been stated that the then Mayor of the said City Corporation was not empowered/authorized to take any decision to recruit employees since the organogram for the City Corporation was not approved by the ..Category: Administrative Law, Employment/Service Law | Date: 22 Nov, 2009 | Hits: 3
..... At the same time Dhaka City Corporation is directed to
remove all the materials for construction of the road including Pillars, if
any, available in the grave-yard within 3(three) months from the date of
receipt of this judgment and also to construct a boundary wall which has been
demolished b......ction
word to facilitate the public to ply their vehicle through the graveyard. Moreover,
religious sentiment also does not allow doing the same for which Municipal
Corporation had to review their decision and have stopped the work on 18.06.2006.
5. On the other hand, Mr. Hasnat Quayum, the ..
Category: Constitutional Law | Date: 17 Nov, 2009 | Hits: 6
Md. Jubayer Vs. State and others, 2009, 38 CLC (HCD)
....……….(15) Section 141 of the Act provides the procedure for taking cognizance of the offence punishable under section 138 of the Act which is limited for a period of one month from the date on which the cause of action for prosecution arises under section 138 (1)(c) of the Act……......nd violative of the mandatory provisions of clause (c) of the proviso to the subsection (1) of Section 138 and clause (b) of Section 141 of the Negotiable Instruments Act, 1881 and in view of the decision in the case of Kanchana Kamalnathan Vs. Nagaraj reported in (1996) 84 Company Cases 959 Mad..Category: Criminal Law | Date: 9 Nov, 2009 | Hits: 128
Zahirul Islam & others Vs. Government of Bangladesh others, 2009, 38 CLC (HCD)
....32 of 2003. Judgment Md. Ashfaqul Islam J. - At the instance of the petitioners, this Rule Nisi was issued calling upon the respondent to show cause as to why the impinged 8 (eight) notices dated 1-2-2003 issued under the signature of respondent No. 3 for rehearing of Settlement Appea......shy;cation khatian for final publication in the settlement press under Rule 32 of the SA and T Rules, 1955. This is well settled as he submits. In support of his contentions he placed reliance on the decision of Romisa Khanam Vs. Bangladesh 61 DLR 18, (where one of us was a party), Md. Abtab Ali She..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)
....nted-Respondent Nos.1-2, 5-6, 8-11. (In Civil Petition No.1225 of 2009) Civil Petition For Leave To Appeal Nos.1158-1162 and 1172, 1177, 1183 and 1225 of 2009. (From the Judgment and order dated 23.07.2008 passed by the High Court Division in Writ Petition Nos.2094, 2396, 3365, 361, 4240,......d valid as those were made against vacant posts. Secondly, the writ-petitioners who participated in the selection process of the PSC cannot be termed as deprived and are not entitled to challenge the decision of the PSC when they were not selected, thirdly, the plea of non-identification of the natu..Category: Employment/Service Law | Date: 14 Oct, 2009 | Hits: 118
Md. Rezaul Kabir Vs. State and another, 2009, 38 CLC (HCD)
....f the accused Md. Rezaul Kabir, was issued calling upon the opposite parties to show cause as to why the proceedings of the Special Case No.01 of 2009 arising out of Bhaluka Police Station Case No.25 dated 18.7.2007 under Section 161 of the Penal Code read with Section 5(2) of the Prevention of Corr......i-Corruption Commission Rules, 2007 are construed to be mandatory. 25. Mr. Subrata Saha, the learned Advocate appearing for the accused-petitioner, in appreciation of his submission, has cited a decision in the case of Abdur Rashid Vs. the State reported in 60 DLR ( HCD) (2008) 629 wherein it h..Category: Anti-Corruption Laws | Date: 11 Oct, 2009 | Hits: 10
Md. Mainul Haque Bhuyan Vs. Md. Akkas Miah, 2009, 38 CLC (HCD)
....Delwar Hossain J.- This Rule upon an application under section 115(1) of the Code of Civil Procedure was issued calling upon the opposite party to show cause as to why the impugned judgment and order dated 11.4.2007 passed by the learned Joint District Judge, Fifth Court, Dhaka in Miscellaneous Appe...... 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. ..Category: Tenancy Law | Date: 6 Oct, 2009 | Hits: 127
State Vs. Secretary, Ministry of Law, Justice & Parliamentary Affairs and others, 2009, 38 CLC (HCD)
....ed, representing Aparajeyo-Bangladesh informed the Court that according to his information the parents of the girl lodged an F.I.R., which was recorded as Osmani Nagar Police Station Case No.17 (3)09 dated 27.03.2009 under the Nari-o-Shishu Nirjatan Daman Ain, 2000. The victim was produced before th......e year, 2006, no effective progress has been made by way of amending the law or implementing the provisions of the CRC. She also pointed out that there have been directions given in a number of other decisions of this Court to properly implement the provisions of the Children Act. In particular, she..Category: Women and Children | Date: 3 Sep, 2009 | Hits: 198
....ule was
issued at the instance of the pre-emptee on the following terms:
"Let the
records be called for and a Rule issue calling upon the opposite parties to
show cause as to why the order dated 31.1.1976 passed by the learned District
Judge, Faridpur in Misc. Appeal No.138 of 1975 affir......s on
record the Courts below allowing preemption have committed error of law and
thereby, judgments are liable to be set aside.
11. Mr. Neaz
Mohammad to support his contention has referred to decision in the case of Halima
Begum and others Vs. Syed Ahmed and others reported in 21 DLR
854, ..
Category: Property Law | Date: 25 Aug, 2009 | Hits: 3
Shamsul Hossain Vs. Anwar Hossain and others, 2009, 38 CLC (HCD)
....of defendant No.5, is that the suit land was acquired property from Rally Brothers' and Government after taking control and management of the suit property and pursuant to the agreement dated 23-2-1977, obtained decree from Court and thereafter, in Ordinance No. 30 of 1985 the suit lan......ernment also did not recognize the plaintiffs as their employee. None of the witness states a single word in the suit that the plaintiffs are the employee of Rally Brothers. 16. In the decision of Suruj Mai Vs. Babu Lola, AIR 1985 Delhi 96 referred by the learned Judge in his judgment..Category: Property Law | Date: 20 Aug, 2009 | Hits: 3
Sheikh Mashuk Rahman Vs. State and another, 2009, 38 CLC (HCD)
....of the accused and as per his demand, the complainant company delivered to the accused computer accessories for an amount of Taka 30,04,225; that as per the terms and conditions of the said agreement dated 12-5-05 if the accused’s cheques were dishonoured, the accused is to pay an interest @ 12% o......es not merit consideration as the same do not bar launching a prosecution under section 138 of the NI Act. In support of his contention, the learned Advocate for the opposite party No. 2, has cited a decision, reported in 60 DLR (AD) 195, Nizamuddin Mahmood Vs. Abdul Hamid Bhuiyan and others. ..Category: Banking Law | Date: 16 Aug, 2009 | Hits: 190
Sree Ashish Kumar Shaha Roy Vs. Al-Haj Md. Wasidul Islam and others, 2009, 38 CLC (AD)
....er None represented- the Respondents. Civil Petition for Leave to Appeal No.1601 of 2008. Judgment BK Das J.- This petition 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......ntiff preferred Other Appeal No.82 of 2006 before the learned District Judge, Mymenshing. The learned Joint District Judge, Second Court, Mymenshing who heard the said appeal concurred with the decision of the trial court on all the issues and thereby found that the plaintiffs failed to prove ..Category: Property Law | Date: 23 Jul, 2009 | Hits: 6
Dr. Mohiuddin Khan Alamgir Vs. ACC and another, 2009, 38 CLC (HCD)
....ith Md. Khurshid Alam Khan Advocates - For Respondent No.2 ACC. Criminal Appeal No.4393 of 2007. Judgment SM Dastagir Hussain J.- This appeal is directed against the judgment and order dated 26-7-2007 passed by the special Court No.3, Dhaka in special Case No.1 of 2007 arising out of ......3. Mr. Karim drew our attention to sections 3 and 5 of the said Act to impress upon us how the Commission is constituted. Mr. Karim also took up sections 14 and 15 of the said Act submitting that the decision of the Commission shall be taken at least in the presence of two Commissioners, inasmuch as..Category: Anti-Corruption Laws | Date: 13 Jul, 2009 | Hits: 286
....
Civil Revision No.1730 of 1998.
Judgment
Syed Md. Ziaul Karim J.—This Rule at the instance of defendant petitioner calls in question the legality and propriety of judgment and decree dated 18-03-1998 passed by learned Senior Assistant Judge, third Court, Dhaka, decreeing S.C.C. Suit...... 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)
.... 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 respectively passed by the learned Additional District Judge, 6th Cou...... Appellate Division. The main contention of the petitioners is that the decree of the previous Partition Suit No.3 of 1953 being not legally considered by the Courts below there has been error in the decision. On query the learned Counsel failed to substantiate that the moot point raised by him now ..Category: Evidence Law | Date: 25 Jun, 2009 | Hits: 42
Agrani Bank Vs. Md. Abdul Khaleque & another, 2009, 38 CLC (HCD)
....e appears-For the respondents. First Appeal No. 9 of 1997. Judgment Mashuque Hosain Ahmed J.- This appeal preferred by the plaintiff-appellant against the impugned judgment and decree dated 10.10.1995 passed by the Sub-Judge and Artha Rin Adalat, 2nd Court, Netrokona in Artha Rin Sui......i Bank. He has also admitted that in pursuance of his prayer for remission of interest of loan the bank authority has remitted the entire penal interest along with 30% of the simple interest and this decision was informed to the Agrani Bank Bazar Branch by Memo dated 2.8.92 which has been marked as ..Category: Banking Law | Date: 23 Jun, 2009 | Hits: 153
Sree Pintoo Pal Vs. State, 2009, 38 CLC (HCD)
....man Miah J.- This Criminal Appeal at the instance of Pintoo Pal under section 28 of the Nari-O-Shishu Nirjatan Daman Ain, 2000 is directed against the Judgment and order of conviction and sentence dated 28.07.2004 passed by the learned Judge, Nari-O-Shishu Nirjatan Daman Tribunal, Naogaon in Tri......l points does not prove the prosecution case and as such the impugned Judgment and order of conviction and sentence is unwarranted in the facts and circumstances of the case. 12. He cited the decisions in the case of Seraj Talukder Vs. State reported in 3 BLC 182 and the case of Shan Khan ..Category: Women and Children | Date: 22 Jun, 2009 | Hits: 9
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