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.... 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.
...... instant suit keeping huge amount of advance money with the landlord plaintiff. The court below without considering the facts and legal aspects decreed the suit, which cannot be sustained.
8. In order to appreciate their submissions I have gone through the records and given my anxious cons......)
Present:
Syed Md. Ziaul Karim J
Radha Shyam Sarker……………………………..Petitioner
Vs.
Nani Gopal Sen being dead his heirs: Ashesh Kumer and others.......................Opposite parties
Judgment
......
High Court Division
(Civil)
Present:
Syed Md. Ziaul Karim J
Radha Shyam Sarker……………………………..Petitioner
Vs.
Nani Gopal Sen being dead his heirs: Ashesh Kumer and others.......................
Category: Tenancy Law | Date: 5 Jul, 2009 | Hits: 154
....াকা মহানগরী বিরান হইয়া যাইবার সম্ভবনা রহিয়াছে।
Ed.
This Case is also Reported in: 17 BLT (HCD) (2009) 455
...... condition and why all the respondents should not be directed to protect rivers namely Buriganga, Turag, Balu and Shitalakkha from illegal encroachments and earth filings and/or such other or further order or orders passed as to this Court may seem fit and proper.
The Rule is made returnable on......
Result:
রুলটি খরচা ব্যতিরেকে এ্যাব্সলিউট্ করা হইল।
এই রীট্ মোকাদ্দমাটি Continuing mandamus হিসাবে অব্যাহত থাকিবে।
বাংলা......াকা মহানগরী বিরান হইয়া যাইবার সম্ভবনা রহিয়াছে।
Ed.
This Case is also Reported in: 17 BLT (HCD) (2009) 455
..
Category: Environmental Law, Property Law | Date: 25 Jun, 2009 | Hits: 19
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. ......, fabricated and without any basis. The petitioner for the first time came to know about the alleged Bainanama after receiving the legal notice addressed to her by the opposite party No.1 and that in order to grab the suit land the opposite party No.1 has fraudulently created the alleged Bainanama o......hellip;……………Defendant-Respondent Petitioner Vs. Md. Abdur Rahim Khan and others……………………….Plaintiff-Appellant-Opposite Party Judgment June 25, 2009. Result: The rule is disc...... (Civil Revisional Jurisdiction) Present: Syed Abu Kowser Md. Dabirush Shan J Most. Abu Tara……………………Defendant-Respondent Petitioner Vs. Md. Abdur Rahim Khan and others………………&h..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. ......erious doubt is cast on the propriety of the trial itself and the validity of the conviction resulting from it may be open to challenge…………………….(34 & 44) Can conviction be ordered on the basis of evidence of the victim in rape case? In a case of sexual offence there...... 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. ...... sole testimony of the prosecutix if it is found to be reliable and worthy of evidence. In rape case, the need for corroboration is rule of caution. In other words, the rule as to corroboration is one for the guidance of the Courts and is not a rigid rule of law in a case of reliable evidence of..Category: Women and Children | Date: 22 Jun, 2009 | Hits: 9
Bangladesh Power Development Board & others Vs. Abu Bakar Siddique & anothers, 2009, 38 CLC (AD)
.... erred in law in not discharging the Rule when the circular dated 11-8-1966 of EP WAPDA lost all its force as soon as the Bangladesh Power Development Board (Employees) Service Rules, 1982 being duly published in Bangladesh Gazette, Extraordinary, dated 4th March, 1982 in supersession of all rul......hir, Senior Advocate with Azizul Huq Advocate, instructed by Md. Aftab Hossain, Advocate-on Record-For the Respondents (As added). Civil Appeal Nos. 341-358 of 2003. (From the judgment and order dated the 16th day of March, 2003 passed by the High Court Division in Writ Petition Nos.2977,......dingly, the appeals are allowed without any order as to costs. Ed. ......cate-on-Record- For the Appellants. (In all the case). Abdur Rob Chowdhury, Senior Advocate instructed by Md. Aftab Hossain, Advocate-On-Recorded-For the Respondent No.1 (In all the case). None Represented-For Respondent No.1 (In all the case). Dr. M Zahir, Senior Advocate with Azizul..Category: Employment/Service Law | Date: 3 Jun, 2009 | Hits: 256
Bangladesh Power Development Board & others Vs. Abu Bakar Siddique & anothers, 2009, 38 CLC (HCD)
.... erred in law in not discharging the Rule when the circular dated 11-8-1966 of EP WAPDA lost all its force as soon as the Bangladesh Power Development Board (Employees) Service Rules, 1982 being duly published in Bangladesh Gazette, Extraordinary, dated 4th March, 1982 in supersession of all rul......hir, Senior Advocate with Azizul Huq Advocate, instructed by Md. Aftab Hossain, Advocate-on Record-For the Respondents (As added). Civil Appeal Nos. 341-358 of 2003. (From the judgment and order dated the 16th day of March, 2003 passed by the High Court Division in Writ Petition Nos.2977,......s to costs. Ed. This Case is also Reported in: 15 BLC (AD) (2010) 214. ......ate-on-Record- For the Appellants. (In all the case). Abdur Rob Chowdhury, Senior Advocate instructed by Md. Aftab Hossain, Advocate-On-Recorded-For the Respondent No. 1 (In all the case). None Represented-For Respondent No. 1 (In all the case). Dr. M Zahir, Senior Advocate with Azizu..Category: Employment/Service Law | Date: 3 Jun, 2009 | Hits: 3
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. ......of law and facts and were heard together and are being disposed of by this single Judgment. In all the matters Rules Nisi were issued calling upon the respondents to show cause as to why the impugned orders of termination dated 8-4-2007, 14-12-2006, 4-2-2007, 27-3-2007, 24-10-2007, 20-1-2007, 30-10-...... 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. ......) (2012) 213. ..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. ....... No one appears - For the Opposite Party. Civil Revision No.3180 of 2000. Judgment Syed Md. Ziaul Karim.- This Rule, calls in question the legality and propriety of judgment and order dated 31-05-2000 passed by learned Subordinate Judge, First Court, Gazipur, allowing Misc. Ca......n. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 312. ......) (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. ......nt Rule by which this Court can at all interfere with the impugned proceedings initiated and pending for trial and as such, the Rule is liable to be discharged with cost and stay be vacated. 7. In order to appreciate the submission made by the learned Advocates for the accused petitioner and the ......e Metropolitan Magistrate, Khulna for compliance. Md. Ataur Rahman Khan J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 162. ......LG (HCD) (2010) 162. ..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. ...... 2006. Judgment A.T.M. Fazle Kabir J.-This Rule was issued at the instance of petitioner Ehtesamur Rahman calling upon the opposite parties to show cause as to why the impugned judgment and order dated 27.07.2006 passed by the Metropolitan Magistrate, Dhaka in Motijheel P.S. Non-F.I.R. Cas...... Case is also Reported in: 29 BLD (HCD) (2009) 399. ......urt Division (Criminal Revisional Jurisdiction) Present: A.T.M. Fazle Kabir J Ehtesamur Rahman…………………………Petitioner Vs. The State & Others…………………&he..Category: Procedural Law | Date: 19 May, 2009 | Hits: 1
Bangladesh National Women Lawyers Association (BNWLA) Vs. Bangladesh and Others, 2009, 38 CLC (HCD)
....hancellor of Dhaka University accusing the teacher of sexual harassment. (The Daily Star May 22, 2008). 6. An eminent woman Professor Dilara Chowdhury of Jahangirnagar University made a study and published a book on “Sexual Harassment of Bangladeshi Women at Work Place”. In the book she stat......Mr. Mahmudul Islam, the learned amicus curiae, submits that it is the constitutional obligation of the Government to enact law to protect the women at their workplaces and educational institutions in order to preserve their fundamental rights enshrined in the Constitution. 16. He further submits ......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. ......rt High Court Division (Special Original Jurisdiction) Present: Syed Mahmud Hossain J Quamrul Islam Siddiqui J Bangladesh National Women Lawyers Association (BNWLA)...... the petitioner Vs. Government of Bangladesh and Others...... the respondents Judgment May 14, 20..Category: Women and Children | Date: 14 May, 2009 | Hits: 330
State Vs. Anjali Debi alias Monju Debi, 2009, 38 CLC (HCD)
....ent to Begum Amirun Nesa, the then Judge of Nari-o-Shishu Nirjatan Daman Tribunal, Pabna, immediately at her present posting. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 738. ......sed put in a trial under special law, till judgment pronounced by the Apex Court of the country, the accused is kept inside custody. 26. From the aforesaid discussions, we find the judgment and order dated 15-6-2005 passed by the learned Judge of Nari-o-Shishu Nirjatan Daman Tribunal, Pabna in......-Shishu Nirjatan Daman Tribunal, Pabna, immediately at her present posting. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 738. ......esent: Sharifuddin Chaklader J Md. Emdadul Haque Azad J State. ……………............................Appellant Vs. Anjali Debi alias Monju Debi………….Condemned Prisoner Judgment May 5, 2009. Result: The Death Reference is rejected and connect..Category: Women and Children | Date: 5 May, 2009 | Hits: 75
Sirajul Islam (Md) Vs. Tauhid Uddin Ahmed & another, 2009, 38 CLC (HCD)
....ay granted earlier stands vacated. Send a copy of this order to Metropolitan Assistant Sessions Judge, Court, Dhaka for compliance. Ed. This Case is also Reported in: 15 BLC (HCD) (2010) 39. ......nsferred the case record to the Metropolitan Assistant Sessions Judge, 5th Court, Dhaka for trial who perused the record and framed charge against the accused petitioner. 4. Being aggrieved by the order dated 29-6-2006 the accused petitioner preferred this application under section 561A of the Co......opy of this order to Metropolitan Assistant Sessions Judge, Court, Dhaka for compliance. Ed. This Case is also Reported in: 15 BLC (HCD) (2010) 39. ......Court Division (Criminal Miscellaneous Jurisdiction) Present: Siddiqur Rahman Miah J Md. Ataur Rahman Khan J Sirajul Islam (Md)…………………………………………… Petitioner Vs. Tauhid Uddin Ahmed & another...................Opposite Parties Judgment Ma..Category: Banking Law | Date: 4 May, 2009 | Hits: 280
Zahed Hossain (Md.) Vs. State and another, 2009, 38 CLC (HCD)
....t be quashed and the same may continue as well. I like to add the above few words in support of my learned brother and I agree. Ed. This Case is also Reported in:61 DLR (HCD) (2009) 386. ...... establish meant, the accused-petitioner used to purchase sugar on cash as well as on credit and the accused petitioner purchased 480 metric tons of sugar on different dates by different DO (delivery order) on credit from the complainant, the accused-petitioner issued two cheques bearing No. MTBL/CD......like to add the above few words in support of my learned brother and I agree. Ed. This Case is also Reported in:61 DLR (HCD) (2009) 386. ......Court High Court Division (Criminal Miscellaneous Jurisdiction) Present: Siddiqur Rahman Miah J Md. Ataur Rahman Khan J Zahed Hossain (Md.) …………… Accused Petitioner Vs. State and another …………………………Opposite Parties Judgment ..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. ......l 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 Judge, 1st Court, Narayanganj in Title Su......he plaint of the suit is rejected. Ed. This Case is also Reported in: 14 MLR (HCD) (2009) 251. ......- M. Pentiah and others Vs. Muddala Veeramallappa and others, AIR, 1961 (SC) 1107. Lawyers Involved: Mahmudul Islam with Mr. A. M. Aminuddin and Munshi Moniruzzaman, Advocate - For the petitioner. Rabi Shankar Chakravorty, Advocate - For opposite parties. Civil Revision N..Category: Civil Law | Date: 21 Apr, 2009 | Hits: 91
Dr. M. A. Yahia Vs. Md. Abdul Quader and others, 2009, 38 CLC (AD)
....e petitioners to show cause within five days as to why the allotment and lease deed executed and registered in favour of the petitioners should not be cancelled. The said Show cause notices were also published in Daily Newspapers, namely, 'Dainik Manabzamin' dated, 31.08.2001 and 'Dainik......e, instructed by Md. Nawab Ali, Advocate-on-Record-Respondent Nos. 1-2. Not represented-Respondent Nos. 3, 5-7. Civil Petition for Leave Appeal No. 1460 of 2008. (From the judgment and order dated 13.07.2008 passed by the High Court Division in Writ Petition No.5022 of 2005). Jud......y. 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)
.... 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. ......cree dated 16.9.2001 and (decree signed on 23.9.2001) passed by the learned Assistant Judge, Mirpur in T.S. No.14 of 1998 dismissing the suit should not be set aside and/or pass such other or further order or orders as to this Court may seem fit and proper. 2. Facts necessary for disposal of th......t once. Ed. This Case is also Reported in: 29 BLD (HCD) (2009) 296. ......tion) Present: Afzal Hossain Ahmed J Md. Abdur Rashid & others……………………………………Petitioners Vs. Most. Amena Khatun and others………………&he..Category: Property Law | Date: 13 Apr, 2009 | Hits: 2
....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.
...... (In both cases)
Civil Petition for Leave to Appeal No. 2048 & 2049 of 2008.
Judgment
Md. Abdul Matin J. - These petitions for leave to appeal are directed against the judgment and order dated 11.03.2008 passed by the High Court Division in Writ petition Nos.2949 and 2950 of 2005 ...... this petition which is accordingly dismissed.
Ed.
This Case is also Reported in: 18 BLT (AD) (2010) 275.
......
Appellate Division
(Civil)
Present:
MM Ruhul Amin CJ
Abdul Matin J
Md. Abdul Aziz J
Chairman, Nawabgonj Pourashava represented by its Chairman……Petitioner (In both cases)
Vs.
Ms. Moyna Parvin and others................Respondents (In Civil..
Category: Others | Date: 13 Apr, 2009 | Hits: 125
Jaharlal Bandapadhya and others vs. Most. Begum Jahanara, 2009, 38 CLC (AD)
....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. ......ocate with him) instructed by Syed Mahbubar Rahman, Advocate-on-Record-For Respondent Nos.1 (a)-1(k). Not represented-Respondent Nos.-2-9. Civil Appeal No.19 of 2006. (From the judgment and order dated 05.02.2003 passed by the High Court Division in Civil Revision No.662 of 1999.) Judgm......ppeal. The appeal is dismissed without any order as to cost. Ed. This Case is also Reported in: VII ADC (2010) 155. ......rdinate Judge, 1st Court, Barisal in Title Suit No. 133 of 1971 decreeing the suit in part. 2. The facts, in short, are that the deceased Most. Begum Jahanara as the plaintiff filed the above mentioned Title Suit against the appellant for Specific Performance of Contract, contending, inter alia, ..Category: Property Law | Date: 13 Apr, 2009 | Hits: 74
Abdus Sahid @ Shahid & others Vs. Anowara Begum & others, 2009, 38 CLC (HCD)
....ined of or at any proceeding subsequent to the decree of that Court or on the legal representative of any such respondent; Provided that (a) The Court may require notice of the appeal to be published in any newspaper or newspapers as it may direct. (b) No such order shall preclud......udgment 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 Case No.9 of 2004 (under Order 41 Rule 21 of the Code ......d in: 29 BLD (HCD) (2009) 394. ......l Revisional Jurisdiction) Present: Afzal Hossain Ahmed J Abdus Sahid @ Shahid & others……………………………Petitioners Vs. Anowara Begum & others………………&helli..Category: Property Law | Date: 9 Apr, 2009 | Hits: 2
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