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Abu Borhan Khan Khokon Vs. The State & another, 2010, 39 CLC (HCD)
.... The order of stay granted earlier shall stands vacated. Send a copy of this judgment to the Court concerned for compliance. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 300.......) 195. 23. In this connection we may also profitably refer the decision in the cast of Ali Akkas Vs. Enayet Hossain and others reported in 17 BLD (AD) 44 wherein their lordship held" the settled principle of law is that to bring a cause within the purview of section 561A for the purpose for qua......: None appears - For the Petitioner. Nizamul Haque Nazim, Assistant Attorney General - For the State. Criminal Miscellaneous Case No. 14286 of 2007 (An Application u/s 561A Cr.P.C for quashment of proceedings u/s 138 of the Negotiable Instruments Act, 1881 in session case No. 161......can a prosecution under section 138 be instituted as per section 138 (c) read with section 141 (b) envisages only one cause of action in respect of one and the same cheque. 13. Now the point for determination is (I) whether the petitioner filed the case satisfying the provisions of law and (II)..Category: Banking Law | Date: 25 Apr, 2010 | Hits: 177
Sheikh Hasina Vs. State and another, 2010, 39 CLC (HCD)
.... now pending in the Court of Divisional Special Judge, Dhaka is quashed in respect of the petitioner. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 22; 30 BLD (HCD) (2010) 429 .......ch decision should not normally be inferred.” 14. As regards quashing of proceeding in a Criminal Case the Appellate Division has set up five categories which are as follows: "The settled principle of law is that to bring a case within the purview of section 561A for the purpose of quash......ccused-Petitioner Vs. State and another..............Opposite-Parties Judgment April 22, 2010. Result: The rule is made absolute. Conditions to be fulfilled for bringing a case for quashment proceeding To bring a case within the purview of section 561...... now pending in the Court of Divisional Special Judge, Dhaka is quashed in respect of the petitioner. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 22; 30 BLD (HCD) (2010) 429 ...Category: Criminal Law | Date: 22 Apr, 2010 | Hits: 107
Kazi Md. Abdul Basit Vs. State, 2010, 39 CLC (HCD)
....r arrived at a correct decision which does not require any interference by this Court. Accordingly, the leave petition is dismissed. This Case is also Reported in: 17 MLR (AD) (2012) 219. ......nted to the public servant if the act complained of has not been committed by him in connection with the discharge of his duty or in the purported exercise in the discharge of his official duty. This principle has been elaborately discussed by the Indian Supreme Court in the case of P.P. Unnikrishna......; Amrik Singh Vs. State of Pepsu, AIR 1955 SC 309 Lawyers Involved: Jaynul Abedin, Advocate-On-Record-For the Petitioner. None Represented-For the Respondent. Criminal Petition for Leave to Appeal No. 293 of 2009. (From the judgment and order dated 10.02.2009 passed by th......r arrived at a correct decision which does not require any interference by this Court. Accordingly, the leave petition is dismissed. This Case is also Reported in: 17 MLR (AD) (2012) 219. ..Category: Criminal Law | Date: 13 Apr, 2010 | Hits: 119
Md. Osman Gani alias Faruq Mia Vs. Deputy Commissioner and others, 2010, 39 CLC (HCD)
..... Office is directed to communicate the order at once. Syed Md. Ziaul Karim J.- I Agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 179; 18 BLT (HCD) (2010) 311 . ......ition of law and facts. However, I have gone through the decisions reported in 10 BLC (AD) 153, 2 BLC (AD) 96, 10 BLD (AD) 44, 22 DLR (WP) 99 as referred by him. I am in respectful agreement with the principles enunciated therein but the facts leading to those cases are quite distinguishable to that......plication under Order IX rule 13 of the Code two questions are primarily to be answered: (a) Whether summons were duly served on the defendant, and (b) Whether the defendant has sufficient cause for non appearance in spite of the service of summons on him. Mere appearance of the Government Ple......ined the record itself for a decision relating to alleged non-service of summons, having regard to the facts noticed and observations made by the Assistant Judge, there is no necessity for further determination of the question of service of summons." 6. The learned Counsel lastly subm..Category: Procedural Law | Date: 6 Apr, 2010 | Hits: 111
....4.07.2007. The respondents are hereby directed to release the Bank Guarantees in accordance with law if submitted by the petitioner.
Ed.
This Case is also Reported in: 17 MLR (HCD) (2012) 437.
......gned orders are liable to be declared to have been passed without jurisdiction in as much as, the impugned e orders have been passed in abuse of executive power for ulterior motive as because settled principle is that the goods should be assessed on the basis of the duty which was existent on the da......ct and why they should not be directed to assess the petitioner's goods imported under Letter of Credit No.5647141502 dated 21.05.2007 (Annexure-B) on the basis of the zero rate of Customs duty as in force on the date of presentation of the ex-Bond Bills of Entry dated 12.07.2007 (Annexure-G, G-1 an......4.07.2007. The respondents are hereby directed to release the Bank Guarantees in accordance with law if submitted by the petitioner.
Ed.
This Case is also Reported in: 17 MLR (HCD) (2012) 437.
..
Category: Fiscal/Taxation Law | Date: 25 Mar, 2010 | Hits: 134
Sayeda Nasima Sarwar Vs. Government of Bangladesh, 2010, 39 CLC (HCD)
.... by this Court at the time of issuance of the Rule is hereby vacated. Let a copy of this judgment be communicated at once. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 350. ...... there. We are of the view that in the absence of such surrender she is a fugitive from justice. In this regard we take support from the case of Mahmud Hossain, where it was held: "Cardinal principle of the criminal jurisprudence is that the person concerned should submit to the process of...... has in respect of their prima-facie satisfaction about the petitioner's involvement in aiding and abetting the principal accused may only be seen by the trial Court when the evidence is placed before it. At that stage the petitioner will have the opportunity to challenge the evidence produced b...... by this Court at the time of issuance of the Rule is hereby vacated. Let a copy of this judgment be communicated at once. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 350. ..Category: Anti-Corruption Laws | Date: 22 Mar, 2010 | Hits: 103
Abdur Rouf Chowdhury (Md.) Vs. Mirza Shahabuddin Ispahani and others, 2010, 39 CLC (HCD)
....but he allowed this by holding that the same can be compensated by giving money and consequently awarded cost of Taka 1000 as compensation to the plaintiffs. It must be stated here that the principle guiding the amendment of the written statement as contemplated under the law has not been taken note......e the written statement was sought to be amended after long lapse of time. The Court held as; 'Amendment of a plaint and amendment of a written statement are not governed by exactly the same principle. The defendant would not be allowed to introduce an alternative and completely different k......nce came into existence some time after the disposal of the suit, the appellate Court would be justified in admitting the additional evidence even at the appellate stage, if the Court thinks that but for the additional evidence there would remain some inherent lacuna and defect in the evidence made ....... 44. In the result, the appeal is dismissed. Send down the lower Court record. Communicate this order at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 323. ..Category: Procedural Law | Date: 10 Mar, 2010 | Hits: 13
Sheikh Hasina Wazed Vs. Government of Bangladesh, 2010, 39 CLC (HCD)
....squo;s entirety, but so far as the same relates to the Petitioner only. There will, however, be no order as to costs. Borhanuddin J.- I agree. Ed. This Case is also Reported in: ...... narrated above. He went on to submit that the charge hearing Court is bound to ensure the presence of accused and to allow him to place his case at the time of the charge hearing. He argued that the principle he relies on is so immutable that slightest departure from that dogma is bound to plunge a......ed in: ......squo;s entirety, but so far as the same relates to the Petitioner only. There will, however, be no order as to costs. Borhanuddin J.- I agree. Ed. This Case is also Reported in: ..Category: Anti-Corruption Laws | Date: 9 Mar, 2010 | Hits: 228
Sheikh Hasina Vs. Bangladesh & others, 2010, 39 CLC (HCD)
....ption Act 1947, is set aside, so far as the same relates to the instant Petitioner only. There is no order on cost. Borhanuddin J. - I agree. Ed. This Case is also Reported in: ......is similar to that which was exercised by the Chancellor in the Court of Equity, which connotes that the Court can travel beyond the strict terms of the Rule, where such a move is necessitated by the principle of equity fairness and justice. In support of his submission Mr. Huq cited the case of Sta......ungipara, District-Gopalganj, Presently at Sudha Sadan, House No.54, Road No.5, Dhanmondi Residential Area, Dhaka.....................Petitioner Vs. Bangladesh, represented by the Secretary for Ministry, Cabinet Division, Government of the People’s Republic of Bangladesh, Bangladesh ......ption Act 1947, is set aside, so far as the same relates to the instant Petitioner only. There is no order on cost. Borhanuddin J. - I agree. Ed. This Case is also Reported in: ..Category: Anti-Corruption Laws | Date: 4 Mar, 2010 | Hits: 102
Sheikh Hasina Vs. Bangladesh and others, 2010, 39 CLC (HCD)
....uption Act 1947, is set aside, so far as the same relates to the instant Petitioner only. There is no order on cost. Borhanuddin J. - I agree. Ed. This Case is also Reported in: ......is similar to that which was exercised by the Chancellor in the Court of Equity, which connotes that the Court can travel beyond the strict terms of the Rule, where such a move is necessitated by the principle of equity fairness and justice. In support of his submission Mr. Huq cited the case of Sta......nd Upazilla: Tungipara, District-Gopalganj, Presently at Sudha Sadan, House No.54, Road No.5, Dhanmondi Residential Area, Dhaka...... Petitioner Vs. Bangladesh, represented by the Secretary for Ministry, Cabinet Division, Government of the People’s Republic of Bangladesh, Bangladesh ......uption Act 1947, is set aside, so far as the same relates to the instant Petitioner only. There is no order on cost. Borhanuddin J. - I agree. Ed. This Case is also Reported in: ..Category: Anti-Corruption Laws | Date: 4 Mar, 2010 | Hits: 131
Dr. Md. Nazimuddin and others Vs. Md. Abdur Rahman Siddique and others, 2010, 39 CLC (HCD)
....o try any suit or execute any decree arising out of normal civil suit. So far the question of jurisdiction of the Bankruptcy Court is concerned the section 38 of the Code of Civil Procedure is the guiding principle. This section 38 provides that the Court decreeing the suit is the Court for exec......y suit or execute any decree arising out of normal civil suit. So far the question of jurisdiction of the Bankruptcy Court is concerned the section 38 of the Code of Civil Procedure is the guiding principle. This section 38 provides that the Court decreeing the suit is the Court for executing th...... The General Clauses Act, 1897 (Act No. X of 1897); section 5 Whether the Bankruptcy Act, 1997 is a retrospective legislation? The purpose of promulgation of the Bankruptcy Act was only for easy disposal of loan cases between financial institution granting loan and the loanee. After p......ower Court's record at once. Let a copy of the judgment be transmitted to the Courts concerned at their respective station. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 305. ..Category: Civil Law | Date: 25 Feb, 2010 | Hits: 7
Ayrin Akhter Lypi Vs. Bahadur Khan and another, 2010, 39 CLC (HCD)
....his judgment and order to the Court concerned for inf6rination and necessary action. Ed. This Case is also Reported in:19 BLT (HCD) (2011) 488; 15 MLR (HCD) (2010) 139; 30 BLD (HCD) (2010) 280. ......his judgment and order to the Court concerned for inf6rination and necessary action. Ed. This Case is also Reported in:19 BLT (HCD) (2011) 488; 15 MLR (HCD) (2010) 139; 30 BLD (HCD) (2010) 280. ......y 27, 2010. Result: The Rule is made absolute. Although the law, as provided under Section 494 of the Code of Criminal Procedure, authorizes a Public Prosecutor to make a prayer to the Court for withdrawal of the case from prosecution but that is subject to consent of the trial Court and th...... 7. Perused the revisional application, the impugned order dated 13.11.2003 and the annexure filed with the revisional application and the Lower Court Records. 8. The real question that calls for determination is, whether the impugned order dated 13.11.2003 is liable to be set aside. 9. It ap..Category: Women and Children | Date: 27 Jan, 2010 | Hits: 156
....he order of stay granted at the
time of issuance of the rule is hereby vacated.
Send down the L.C. Records
immediately.
Ed.
This Case is also Reported in: 30 BLD (HCD)
(2010) 424.
...... exhibit-13 in place of plot No.138,
but no finding about possession of the plaintiffs in the suit land and their
dispossession by the defendants as alleged has been given.
11. The established principle of law is
that, in a suit for declaration of title and recovery of possession, the plaint......dul Jabbar being dead his heirs Md.
Nurul Amin and others………………………Opposite Party
Judgment
January 6, 2010.
Result:
The rule is discharged.
In a suit for declaration of title and recovery of possession, the plaintiff
must prove his title to and poss......he order of stay granted at the
time of issuance of the rule is hereby vacated.
Send down the L.C. Records
immediately.
Ed.
This Case is also Reported in: 30 BLD (HCD)
(2010) 424.
..
Category: Property Law | Date: 6 Jan, 2010 | Hits: 8
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. ......R 1967 SC 1044 it was observed: "The question is, can such a person represent the idol when the Shebait acts adversely to its interest and fails to take action to safeguard its interest. On principle we do not see any jurisdiction for denying such a right to the worshipper. An idol is in t......e deity on earth and is endowed with authority to deal with all its temporal affairs. In a Hindu religious endowment, the entire ownership of the dedicated property vests in the trustee, who holds it for the benefit of Cestui Que trust. The entire ownership of the dedicated property is transferred t......uld be sufficient ground if the Shebait by his conduct places himself in such a position which makes it impossible for him to discharge faithfully the duties of his office, is a sufficient reason for determination by a Court for the removal of a Shebait. There are cases that where a Sheba it has act..Category: Others, Property Law | Date: 16 Dec, 2009 | Hits: 94
Md. Saiful Islam and others Vs. State and another, 2009, 38 CLC (HCD)
.... 2000 pending in the Nari-O-Shishu Nirjatan Daman Tribunal, Sirajgonj is hereby quashed. Communicate the order at once. Ed. This Case is also Reported in: 15 MLR (HCD) (2010) 420. ...... that the facts of that case referred to above are quite distinguishable with that of this present case as such the decision referred to above is not applicable in this present case. It is settled principle of law that a naraji petition is treated as a fresh complaint. In the instant case, we fi......ed-C petitioners contending inter alia, that his daughter Minara Parvin was given in marriage with the accused Saiful Islam. After the said marriage accused-petitioner demanded Tk.50,000/- as dowry for getting a job in police department and the complainant made payment of Tk.50,000/- in cash to t...... 2000 pending in the Nari-O-Shishu Nirjatan Daman Tribunal, Sirajgonj is hereby quashed. Communicate the order at once. Ed. This Case is also Reported in: 15 MLR (HCD) (2010) 420. ..Category: Women and Children | Date: 8 Dec, 2009 | Hits: 14
Rezaul Kabir (Md.) and another Vs. Bangladesh and others, 2009, 38 CLC (HCD)
....ave been passed without any lawful authority and is of no legal effect. There will be no order as to costs. Ed. This Case is also Reported in: 67 DLR (HCD) (2015) 19 ......s........................Respondents Judgment November 22, 2009. Result: The Rules are made absolute. Prior Show Cause Notice With Adequate Explanation It is fundamental principle of administrative law that before any order is passed which is likely to adversely af......dgment November 22, 2009. Result: The Rules are made absolute. Prior Show Cause Notice With Adequate Explanation It is fundamental principle of administrative law that before any order is passed which is likely to adversely affect a person it is essential that he be giv......ave been passed without any lawful authority and is of no legal effect. There will be no order as to costs. Ed. This Case is also Reported in: 67 DLR (HCD) (2015) 19 ..Category: Administrative Law, Employment/Service Law | Date: 22 Nov, 2009 | Hits: 3
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. ......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. ......sion Rules, 2007…………………(14) Interpretation of statute When a statute requires that something shall be done or done in a particular manner or form, without expressly declaring what shall be the consequence of non-compliance, is the requiremen......application under Section 561A of the Code of Criminal Procedure and the Annexure filed therewith, F.I.R., Charge sheet and all other relevant papers available on record. 11. The point calls for determination in this case is whether the instant proceeding is liable to be quashed as prayed for b..Category: Anti-Corruption Laws | Date: 11 Oct, 2009 | Hits: 10
Abdul Latif alias Kahinur alias Kahin and other Vs. State, 2009, 38 CLC (HCD)
....ection with any other case. Send down the lower Court records and a copy of the judgment and order to the Court concerned. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 245. ......itnesses who did not see the alleged occurrence and some of the vital witness like P.W.2, 4, 6, 7 and 11 were declared hostile by the prosecution. The learned Advocates point out that it is a general principle that the solitary evidence of the prosecutrix is not accepted as sufficient and required c......ation of rape, where there is no independent eye witness and the only evidence is that of the prosecutrix herself and of those to whom it was reported, the Courts are not left with any objective test for gauging the truth of the story of the prosecutrix. In a case of this kind, it is very necessary ......ection with any other case. Send down the lower Court records and a copy of the judgment and order to the Court concerned. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 245. ..Category: Women and Children | Date: 6 Oct, 2009 | Hits: 116
State Vs. Secretary, Ministry of Law, Justice & Parliamentary Affairs and others, 2009, 38 CLC (HCD)
.... judgment is circulated to all Judicial Officers in the service of the Republic. Md. Fazlur Rahman J. - I agree. This Case is also Reported in: 30 BLD (HCD) (2010) 369; 15 MLR (HCD)(2010) 59. ......ear status of the Convention in the domestic legal framework and the insufficient steps taken to bring existing legislation into full conformity with the Convention, including in light of the general principles of non-discrimination (art.2), the best interests of the child (art.3), the right to life......, 1974 and section 14(1) of the Nari-o-Shishu Nirjatan Daman Ain, 2000] was allegedly raped by her neighbour and distant relative [identity withheld]. The parents of the girl, after getting treatment for her from a local clinic, took her for better treatment to the Osmani Medical College Hospital, S...... judgment is circulated to all Judicial Officers in the service of the Republic. Md. Fazlur Rahman J. - I agree. This Case is also Reported in: 30 BLD (HCD) (2010) 369; 15 MLR (HCD)(2010) 59. ..Category: Women and Children | Date: 3 Sep, 2009 | Hits: 198
Shamsul Hossain Vs. Anwar Hossain and others, 2009, 38 CLC (HCD)
....st Appeal No. 48 of 1999 with First Appeal No. 330 of 1999 are allowed. No costs. Send down the lower Court Records at once. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 74 ......st Appeal No. 48 of 1999 with First Appeal No. 330 of 1999 are allowed. No costs. Send down the lower Court Records at once. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 74 ......e in possession, his name was finally published in CS khatian. Thereafter, he transferred the suit land to M/s Rally Brothers, a famous Jute Company under which hundreds of day labourers were working for carrying jute from the jute dealers’ (bepary) boat to the mill. Day labourers used to get ......rothers. On a reference to the depositions of P.Ws.1, 2, 3, 4 and 5 it appears that none of them could say from which date they are in possession of the suit land. 15. Another question calls for determination is that even their case be accepted to be true, that is, they acquired right against t..Category: Property Law | Date: 20 Aug, 2009 | Hits: 3
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