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Md. Aynal Haque Vs. State, 2011, 40 CLC (HCD)
.... Court of Magistrate, Cognizance Court, and “Ga” Anchal Chuadanga, alleging inter alia that the accused is a polygamist and he is greedy for dowry. On the contrary, the complainant is very simple woman, that the accused got married the complaint before 2 years according to Muslim Sharia Law. Aft...... sentence to the period undergone with fine as stated above. Send down the L.C. R. along with the judgment to the Courts below. Md. Ashraful Kamal J.- I agree. This Case is also Reported in: ......olygamist and he is greedy for dowry. On the contrary, the complainant is very simple woman, that the accused got married the complaint before 2 years according to Muslim Sharia Law. After their marriage the accused would often beat the victim complainant for bring dowry from her parent’s house. O..Category: Women and Children | Date: 30 Mar, 2011 | Hits: 100
Nazmul Islam alias Nazu Vs. State, 2011, 40 CLC (HCD)
....levelled against him and he be set at liberty at once, if not wanted in other case. Send down the lower Court record at once. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 460.......levelled against him and he be set at liberty at once, if not wanted in other case. Send down the lower Court record at once. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 460.......as well as victim of alleged crime, deposed that the accused Nazmul Islam Nazu is her neighbor; he used to propose her for making illicit connection. On her refusal, the accused proposed her for marriage, on which, she advised him to proposed the same to her guardian, but the accused did not put a..Category: Women and Children | Date: 21 Mar, 2011 | Hits: 165
GK Brothers and another Vs. Imperial Chemical Industries Bangladesh Limited, 2011, 40 CLC (HCD)
.... land in favour of appellants through court. The office is directed to send down the lower Court's record at once. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 543 ...... 1985. The concern House Rent controller has allowed the appellants (decree holder) to withdraw money being satisfied that the entire consideration money of the suit land and the soletium was paid in full. From the record it appears (hat by order No. 37 dated 16-8-86 the defendant appellants were tr....... It was the further case of the plaintiff that the defendant No. 4 entered into the suit land as a vharatia under the present plaintiff on the strength of an agreement dated 28-2-1997. At one stage the defendant No. 4 started depositing rent with the Rent Controller under section 19 of the pre..Category: Civil Law, Procedural Law | Date: 20 Mar, 2011 | Hits: 2
Maulana Mohammad Shamsul Huq and others Vs. Abu Taher and others, 2011, 40 CLC (AD)
....ppellate court. We, therefore, find no merit in this petition for leave to appeal and hence this petition for leave to appeal be dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 365. ......ferent dates long before the alleged date of execution of the said kabala. The appellate Court took into consideration the fact that though according to the plaintiff’s case Sirarjul Islam paid the full consideration money to Biadhan Bia in the year 1950 when talk for sale allegedly took place, bu......zler Rahman. 11. The appellate Court, on examination of the plaintiff’s kabala -the exhihit-2 detected that the stamp papers of that kabala were purchased in the names of Ridhya Sundari of village-Ahmedpur and Badiul Alam of village-Charkalidas, Police Station-Sonagazi on two different dates ..Category: Property Law | Date: 20 Mar, 2011 | Hits: 84
Chunnu Vs. State, 2011, 40 CLC (HCD)
....icting and sentencing the Appellants. In the result, both the appeals are dismissed. Send down the lower Court record. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 127 ......identified the accused-persons on the dock including the Appellant Rafi. In cross-examination, he deposed that he was engaged in trading cloths and that his father and the father of the deceased were full brothers. He deposed that he was only 5/6 cubits away from the place of occurrence and he saw t......ce of occurrence and saw the Appellants and others leaving the place. He then, with the help of others, took his injured brother to the 50-seated hospital at Sayedpur-where the injuries were bandaged upon by the doctor. Upon query, his injured brother told him that he was injured by the above m..Category: Procedural Law | Date: 15 Mar, 2011 | Hits: 6
Anwarul Alam (Md.) Vs. Pubali Bank Ltd and others, 2011, 40 CLC (HCD)
.... it is liable to be discharged. 32. In the result, the Rule is discharged. There will be no order as to costs. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 448. ...... petitioner had reached his age of superannuation as such in view of section 4 of the Act No. XII of 1974 he was released from service on 25-2-2009 at the age of 57 years and that he went on LPR with full consent. Moreover, the petitioner after release from his service never disputed the said o...... from the Ministry of Liberation War Affairs on 12-6-2003 as recognition of his contribution in the war of liberation 1971. The petitioner before going on LPR lastly served as an Assistant General Manager, Narayangonj Branch, Pubali Bank Ltd. 3. The Hon'ble President of the country in exerc..Category: Constitutional Law, Employment/Service Law | Date: 13 Mar, 2011 | Hits: 3
Md. Nazim Vs. State, 2011, 40 CLC (HCD)
.... once if not wanted in connection with any other case. Send down the L.C. records at once along with the judgment. AKM Zahirul Haque J. - I agree. Ed. This Case is also Reported in: ...... once if not wanted in connection with any other case. Send down the L.C. records at once along with the judgment. AKM Zahirul Haque J. - I agree. Ed. This Case is also Reported in: .......5.04 oneconstable Md. Nur Zaman lodged an written ejahar with the Sutrapur police station against the petitioner alleging inter alia that on 29.5.04 while the informant along with his forces were engaged in their duty, then at 19.30 hours in front of a house of holding No.48/K Dhalganagar, they cha..Category: Women and Children | Date: 13 Mar, 2011 | Hits: 133
Professor Muhammad Yunus Vs. Bangladesh, 2011, 40 CLC (HCD)
....er, there would be no order as to costs. Md. Mamtazuddin Ahmed J. – I Agree. Gobinda Chandra Tagore J. – I Agree. Ed. This Case is also Reported in: 63 DLR (2011) (HCD) 260. ......tinued holding the post of Managing Director after the retirement age of 60 years, which was beyond the scope of the Ordinance and the Regulations made there under, Bangladesh Bank has rightly and lawfully issued the impugned orders in exercise of its statutory power and hence, the writ petition is ......ainst the Government of Bangladesh, Bangladesh Bank, Grameen Bank and 13 others challenging the order issued vide Memo. No. BRPE(R)760/2011 dated 27.02.2011, Annexure-M by respondent No.3, General Manager, Bangladesh Bank addressing to the Secretary, Bank and Financial Institutions Division, Ministr..Category: Banking Law | Date: 8 Mar, 2011 | Hits: 438
Shammi Yasmin @ Suma alias Sreemoti Rafiqa Rani and others Vs. State, 2011, 40 CLC (HCD)
.... from today and for the time being the victim will remain as it is, in the safe custody. Communicate the order at once. AKM Zahirul Hoque, J.- I agree. Ed. This Case is also Reported in: ...... from today and for the time being the victim will remain as it is, in the safe custody. Communicate the order at once. AKM Zahirul Hoque, J.- I agree. Ed. This Case is also Reported in: ......jatan Daman Ain, 2000 and after taking her statement the victim was sent to the safe custody. 4. During investigation the victim was examined by the doctor, who gave a medical report on fixing her age as 16+1 (15 to 17) years on 10.4.10. Thereafter the case was investigated by the police and subm..Category: Women and Children | Date: 27 Feb, 2011 | Hits: 82
....ation thereof, we do not find any merit in these two leave petitions.
Accordingly, these leave petitions are dismissed.
Ed.
This Case is also Reported in: 66 DLR (AD) (2014) 86.
......fixing the date for completion of the work on 27-8-2001. As per tender schedule, formation level of earth was fixed at 04.00 metre height. Accordingly the plaintiff started earth work on 12-2-2001 in full speed under the supervision of defendant nos.1 and 2 and was allowed to withdraw runn......al, conclusive and binding on all parties to the contract. Admittedly in the instant case arbitration shall be governed by the Arbitration Act, 2001. Section 10 of the Arbitration Act, 2001 envisages power of the Court to stay illegal proceedings where there is an arbitration agreement bet..
Category: Civil Law | Date: 23 Feb, 2011 | Hits: 10
....t and proper.
4. In due course, affidavit-in-opposition has been filed on behalf of respondent No.3, Ministry of Women and Children Affairs, agreeing that respondent No.7 is a brutal and perverted woman and had inflicted inhuman torture on the poor helpless daughter of unfortunate parents, who wa......abour Act. With regard to the employment of children below the age of 14, the policy is very vague, inasmuch as it is stated that the children under the age of 14 are prohibited from being engaged in fulltime employment. But there is no mention as to any age below which a child may not be engaged in...... vase, the lady of the house tied up the child housemaid, pushed her on to the floor and inserted the handle of a hot cooking utensil (stirrer/paddle) (গরম খুন্তি) into the back passage of the domestic housemaid, aged 10 years, and that the girl was in a critical condition receivin..
Category: Women and Children | Date: 15 Feb, 2011 | Hits: 265
Shah Alam (Md.) Vs. State and another, 2011, 40 CLC (HCD)
....e trial Court shall proceed with the case in accordance with law. Send a copy of the judgment and order to the Court below at once. Ed. This Case is also Reported in: 63 DLR (HD) (2011) 137. ......no reason to know whether the cheque was required to be issued on joint signature or not. Because none else was liable for payment. The person who issued the cheque (the accused-petitioner) having full knowledge about the fact that the cheque could not be encashed on the basis of his signature, i......nd it was dishonoured for insufficiency of fund as a first ground, and subsequently notice was duly received but the money was not paid, the impugned proceeding should not be stifled at the early stage of the case. Moreover, controversial fact; even if any, cannot be taken into consideration f..Category: Banking Law | Date: 6 Feb, 2011 | Hits: 361
Md. Nasurullah alias Nasu Vs. Artha Rin Adalat No. 4, Dhaka and others, 2011, 40 CLC (HCD)
....perty. Lat a copy of the judgment be communicated to the concerned executing Court for future guidance as well. Nazmun Ara Sultana J.- I agree Ed. This Case is also Reported in: ......ion) that after observance of all necessary legal formalities the auction was held on 31.7.2006 and the highest bid of Taka 7,70,000/- quoted by respondent No.4 was accepted; respondent No.4 paid the full consideration to the executing Court on 9.8.2006; the sale was confirmed on 3.9.2006, sale cert......d. Sagir Hossain, Advocates-For the Respondents. Writ Petition No. 801 of 2010. Judgment Md. Ruhul Quddus J. - This Rule, at the instance of a legal heir of a judgment debtor in a mortgage decree, was issued calling in question the proceedings in Execution Case No.727 of 2005 of Artha..Category: Banking Law | Date: 2 Feb, 2011 | Hits: 175
Mosharraf Hossain (Md.) and others Vs. Akhtar Hossain, 2011, 40 CLC (HCD)
....e suit No.308 of 2009 expeditiously in accordance with law. Send down the lower Court record. Communicate this order at once. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 218.......্ঞা আরোপ করিয়া অপর এক ডিক্রী দিতে বিজ্ঞ আদালতের মর্জি হয়।” 3. Defendant opposite party No.1 who is full brother of the plaintiffs, in order to contest the suit, filed written statement on 8-3-2010 de......plaintiffs as not been supported by any affidavit, this suit is barred by law and rejected the plaint. 8. Section 53E of the Transfer of Property Act speaks "Every instrument of sale, gift, mortgage and declaration of heba of any immovable property shall be supported by an affidavit by the exec..Category: Property Law | Date: 27 Jan, 2011 | Hits: 95
....ice or to give information to the rights organizations to get any relief. Referring to the unabated situation prevailing in the country, she submits that the right to free movement as guaranteed to a woman under Article 36 of the Constitution has been rendered nugatory and the Government is not taki...... In-depth and perspicacious analysis of the provisions mentioned hereinabove reveal that they are simply not enough to deal with the prevailing situation in this country, and to that extent we are in full agreement with the submissions put forward by the learned advocate for the petitioner organizat......vision, broadcast the seriousness of the menace of eve-teasing and stalking and also to notify the severe consequence that may be brought upon the perpetrators. The respondents No.3 and 4 may also engage the NGOs and civil society in order to make the general public aware of the menace which now bes..
Category: Women and Children | Date: 26 Jan, 2011 | Hits: 246
Mahbub Ahmed Chowdhury Vs. Chief Election Commissioner and others, 2011, 40 CLC (AD)
....judgment and order passed by the High Court Division. Accordingly, the Civil Petition for Leave to Appeal is dismissed. Ed. This Case is also Reported in: 65 DLR (AD) (2013) 283. ......support the competent candidate, and neither our constitution nor the PO No.155 of 1972 requires such expression to be veiled in secrecy as provided under Article 26 of the PO No.155 of 1972, has fully misconstrued the constitution and the RPO, 1972 and, as such, the High Court Division erred i......ble to develop doctrines of this kind, and to apply them energetically, they cannot impose limit on the administrative powers which Parliament confers, so freely, often in almost unrestricted language………...(33 & 34) Amendment power and validity of a law Parliament is comp..Category: Constitutional Law | Date: 23 Jan, 2011 | Hits: 11
Md. Hamiduzzaman Vs. Joint District Judge, Artha Rin Adalat, Faridpur and others, 2011, 40 CLC (HCD)
....e may be, which have been deposited by them in favour of the decree holder-bank after issuance of the certificate. Nazmun Ara Sultana J.- I agree. Ed. This Case is also Reported in: ......ed in favour of the decree holder-bank in due process of law and there is nothing arbitrarily or mala fide or anything done in violation of law. The petitioner being a heir of the judgment-debtor had full knowledge of the suit as well as of the execution case. He has lost his right to redeem the pro...... Fowzia Karim Firoze - For the Respondents. Writ Petition No. 8197 of 2010 Judgment Md. Ruhul Quddus J.- This Rule Nisi, at the instance of a legal heir of a judgment debtor in a mortgage decree, was issued calling in question orders dated 1.7.2009 and 6.9.2009 passed by the Artha Ri..Category: Banking Law | Date: 20 Jan, 2011 | Hits: 233
StateVs. Noor Islam and others, 2011, 40 CLC (HCD)
....nce to pay a fine of Tk. 1,00,000/- each, in default to pay the fine, they are to suffer rigorous imprisonment for two years more each. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 141....... and 8. The Tribunal below also ascertained the truth as well as the voluntariness of the confessions made by the condemned-prisoners. The learned Magistrate found that the condemned-prisoners gave a full and free account of the occurrence in order to satisfy that they along with absconding convict ......t having gone to the house of his sister Monoara she informed him that the dead body of Shilpi Khatun (brother's daughter of the informant) was found nacked in the Papaya garden of Hossain Ali of village-Nilkantha Nagar. Then the informant being accompanied by Sirajul (his younger brother), Alamgir ..Category: Women and Children | Date: 13 Jan, 2011 | Hits: 195
Bangladesh Legal Aid and Services Trust Vs. Secretary, Ministry of Education, 2011, 40 CLC (HCD)
....ly to cause, to the person giving the consent, or on whose behalf the consent is given. Illustration Causing miscarriage (unless caused in good faith for the purpose of saving the life of the woman) is an offence independently of any harm which it may cause or be intended to cause to the wom...... 63 DLR (2011) 643. An international organisation set up in 2001 to campaign for worldwide prohibition by law of all corporal punishment of children, whether by parents or schools. ......n in various educational institutions, including Madrashas, Primary Schools and High Schools, and the children upon whom the corporal punishment had been inflicted were both boys and girls of various ages, as young as six years up to 13/14 year olds. 2. An application under article 102 of the Co..Category: Women and Children | Date: 13 Jan, 2011 | Hits: 248
State Vs. Alam, 2011, 40 CLC (HCD)
.... Nari-o-Shishu Nirjatan Daman Tribunal, Kushtia immediately. Send down the Lower Court Records. Communicate this Order at once. Ed. This Case is also Reported in: 16 BLC (2011) 816. ......on that date. Crucially, and by abdicating its responsibility to evaluate the credibility of the eyewitnesses and the reliability of their attestation of facts, the Tribunal failed, therefore, to fully grasp the significances of the PW 10 investigation Officer's testimony that during the Surat......ed the First Information Report ("FIR") alleging, inter alia, that his daughter, the deceased Sharmin Banu alias Vanu and the condemned-prisoner being married since 1990 have had a turbulent marriage chiefly on account of the philandering Alam demanding dowry and subjecting Vanu to physical abus..Category: Women and Children | Date: 11 Jan, 2011 | Hits: 176
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