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State Vs. Secretary, Ministry of Law, Justice & Parliamentary Affairs and others, 2009, 38 CLC (HCD)
....s. Government of Bangladesh and others, 61 DLR 232. Lawyers Involved: Dr. Naim Ahmed, Advocate-For Aparajeyo-Bangladesh. Ms. Fahima Nasrin, Advocate-For Bangladesh National Women Lawyers Association. Md. Motaher Hossain, Deputy Attorney General with Md. Soyeb Khan, Assistant Attorney G......ildren across the globe over the last 100 years had been considered in the decision of Roushan Mondal, cited above. Sadly, it appears that only lip-service is paid by many countries, including the so-called developed countries, to ‘the best interests of the child.’ We note that when it comes to ...... Children, 2005-2010, wherein we note that the then Prime Minister in her message wrote as follows: "Children are the greatest asset of our country. We should provide them proper environment for blossoming to their full potentials. With the preparation of the 3rd National Plan of Action (NPA) fo..Category: Women and Children | Date: 3 Sep, 2009 | Hits: 198
....a consideration of Tk. 1,500.00. The preemptor is holding land in
plot No.487 and 488 to the contiguous north of the case land. The pre-emptor
petitioner further stated that the opposite party No.2 sold the land to the
opposite party No.1 collusively and no notice of transfer has been served upon......led 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:
"Let the
records be called for and a Rule issue calling upon the opposite parties to
show cause as to why the order dat......tion money
along with the compensation, so deposited by the pre-emptor.
Send down the lower
Courts records immediately.
Ed.
This Case
is also Reported in: 30 BLD (HCD) (2010) 318.
..
Category: Property Law | Date: 25 Aug, 2009 | Hits: 3
Shamsul Hossain Vs. Anwar Hossain and others, 2009, 38 CLC (HCD)
....ng jute from the jute dealers’ (bepary) boat to the mill. Day labourers used to get their remuneration from the beparies. For staying the day labourers, in 1324 BS on the land of Rally Brothers some temporary huts were constructed with bamboo and tiles. Rally Brothers did not take any rents fr......ourt. Government by ordinance No.24 of 1993 dismantle/abolish the Jute Corporation and all properties were vested under the Jute Ministry. For selling the suit property earlier three tender were called for but the price having not been up to the mark, it was put for further tender on 30-9-......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 ..Category: Property Law | Date: 20 Aug, 2009 | Hits: 3
Dr. Mohiuddin Khan Alamgir Vs. ACC and another, 2009, 38 CLC (HCD)
....order dated 26-7-2007 passed by the special Court No.3, Dhaka in special Case No.1 of 2007 arising out of Tejgaon PS Case No.19(3)07 convicting the accused appellant and sentencing him to suffer imprisonment for 3 years under section 26(2) of the Anti-Corruption Commission Act, 2004 read with Rule 1......t Zibon Krishna Roy 2/3 times. He does not know Sharmin Ferdousi. No one recorded his statement. He denied that on 17-4-2006 Sharmin Ferdousi recorded his statement. Further, he stated that Amanat is called financial instrument. IFIC Bank has financial instrument. 55. P.W. 6 is Md. Rezaul Karim......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. ..Category: Anti-Corruption Laws | Date: 13 Jul, 2009 | Hits: 286
Most. Abu Tara Vs. Md. Abdur Rahim Khan and others, 2009, 38 CLC (HCD)
...., 3rd Court, Dhaka against the petitioner and the proforma-defendant No.2 for Specific Performance of Contract. 3. The facts of the case, in brief, are that the petitioner is the owner and possessor of the suit lands by purchase. That for need of money the petitioner offered to sell the suit la......Most. Abu Tara. Moreover, in the eye of law it is not at all a deed of contract by which a suit for Specific Performance of Contract can be filed. He also submits that the scribe and the Typist of so-called Bainanama was not examined as witness and out of 4 attesting witnesses only one attesting wit...... 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. ..Category: Evidence Law | Date: 25 Jun, 2009 | Hits: 42
Sree Pintoo Pal Vs. State, 2009, 38 CLC (HCD)
.... The fundamental and basic presumption in the administration of Criminal law and justice delivery system is that the accused should be presumed to be innocent till the charges are proved beyond reasonable doubt on the basis of clear, cogent, credible or unimpeachable evidence. In a criminal tria......encing accused appellant under section 9(1) of the Nari-O-Shishu Nirjatan Daman Ain, 2000. 15. In the face of arguments advanced by the learned Advocates of the contending parties, we are now called upon to scrutinize the material evidence on record to come to a proper decision in this appe......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. ..Category: Women and Children | Date: 22 Jun, 2009 | Hits: 9
Bangladesh National Women Lawyers Association (BNWLA) Vs. Bangladesh and Others, 2009, 38 CLC (HCD)
.... BLC (HCD)(2009) 694. ......icy on sexual harassment and to date there has been no step in the right direction towards approving such a policy. In May 2006, the students of the Botany Department of Rajshahi University called a strike on the campus demanding removal of Prof Nurul Aman for alleged sexual harassment of ......ficult task in public interest. There is no order 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. ..Category: Women and Children | Date: 14 May, 2009 | Hits: 330
Dr. M. A. Yahia Vs. Md. Abdul Quader and others, 2009, 38 CLC (AD)
....This petition for leave to appeal is directed against the judgment and order dated 13.05.2008 passed by a Division Bench of the High Court Division in Writ Petition No. 5022 of 2005 making the Rule absolute and awarding of Tk. 10,000/- as cost to be paid by the added-respondent No.9 to the petitione......therefore, no substance, in the leave petition and the same is dismissed accordingly. Ed. Case is also Reported in: 14 MLR (AD) (2009) 235; 29 BLD (AD) (2009) 59; 14 BLC (AD) (2009) 109. ......onsibility of respondent No.9 for cancellation does not arise. He was later added as a party to the said writ petition only because he was the joint lessee of the said property and he suffered a huge loss while construction of the building on the leasehold property due to violation of the terms and ..Category: Property Law | Date: 15 Apr, 2009 | Hits: 36
Md. Abdur Rashid & others Vs. Most. Amena Khatun and others, 2009, 38 CLC (HCD)
....for disposal of this re-visional application, briefly, be put thus:- The plaintiff-respondent-petitioners, as plaintiffs, instituted Title Suit being No.14 of 1998 for declaration of title and also for declaration that the Heba-bil-ewaz deeds being Nos.4080 of 1997 and 4266 of 1997 are fra......pite of the fact if the plaintiffs claim exclusive title to the suit land, they should have prayed for confirmation of possession but that having not been done the maintainability of the suit is called in question. Besides, D.Ws.4 and 5 identifier and witness respectively- of the disputed deeds...... 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. ..Category: Property Law | Date: 13 Apr, 2009 | Hits: 2
Abdus Sahid @ Shahid & others Vs. Anowara Begum & others, 2009, 38 CLC (HCD)
....ered as Title Suit No.35 of 1999 and, lastly, as Title Suit No.50 of 2001 in the seisin of the Court of Senior Assistant Judge, Balaganj, Sylhet. 3. Plaintiffs claimed that Amir Kha, the predecessor-in-interest of both the plaintiffs and the defendants was the original owner of the schedule lan......ly to the Appellate Court to rehear the appeal, and, if he satisfies the Court that the notice was not duly served or that he was prevented by sufficient cause from appearing when the appeal was called on for hearing, the Court shall rehear the appeal on such terms as to costs or otherwise as i......eipt of this order. Send down the Lower Court Records at once. Ed. This Case is also Reported in: 29 BLD (HCD) (2009) 394. ..Category: Property Law | Date: 9 Apr, 2009 | Hits: 2
Advance Sweater Industry Ltd Vs. Mohiuzzaman Chowdhury and others, 2009, 38 CLC (HCD)
.... Vs. Mohiuzzaman Chowdhury and others……………………Opposite parties Judgment February 18, 2009. Result: The rule is made absolute. Lawyers Involved: Mohammad Hossain—For the petitioner Md. Tamizuddin&md......de absolute without any order as to costs. The impugned judgment and order of the learned Additional District Judge is set aside. Ed. This Case is also Reported in: 21 BLT (HCD) (2013) 16 ......plying the formalities for setting aside the sale on the ground amongst others that it is an export oriented limited company and the company had five share holders, that the company had suffered huge loss due to stock lot and thereafter the promoter share holders as a measure to recover its debt mad..Category: Civil Law, Procedural Law | Date: 18 Feb, 2009 | Hits: 1
A. J. M. Helal & others Vs. Bangladesh and others, 2009, 38 CLC (HCD)
....426 of 2006 arising out of C.R. Case No.384 of 2005 convicting the petitioner under section 138(1) of the Negotiable Instrument Act, 1881 and sentencing him thereunder to suffer simple imprisonment for a period of 1(one) month and to pay a fine of Tk.3,00,000/-. 5. Writ Petition ......re involved in these writ petitions they are heard together and are being disposed of by this common judgment which will govern all the writ petitions. 2. In all these Rules the respondents were called upon to show cause as to why the section 138A of the Negotiable Instrument (amendment) A......surrender their respective bail bond within 2 (two) months from date. Communicate this judgment at once. Ed. This Case is also Reported in: 29 BLD (HCD) (2009) 264. ..Category: Corporate Law | Date: 9 Feb, 2009 | Hits: 5
AJM Helal Vs. Bangladesh and others, 2009, 38 CLC (HCD)
.............Petitioner Vs. Bangladesh and others.........Respondents Judgment February 9, 2009. Result: These Rules are discharged without any order as to costs. Reasons behind amendment of section 138 of the Negotiable Instruments Act The appeal is a continua......re involved in these writ petitions they are heard together and are being disposed of by this common judgment which will govern all the writ petitions. 2. In all these Rules the respondents were called upon to show cause as to why the section 138A of the Negotiable Instruments (Amendment) Act, ......rs are directed to surrender their respective bail bond within 2(two) months from date. Communicate this judgment at once. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 479. ..Category: Civil Law | Date: 9 Feb, 2009 | Hits: 45
Sontosh Kumar Shaha Vs. Government of Bangladesh and others, 2009, 38 CLC (HCD)
....llip;Petitioner Vs. Government of Bangladesh and others………………Respondents Judgment February 5, 2009. Result: The Rule is made absolutes. Cases Referred to- The State Vs. Chief Editor of Manab Zamin and others, 2 L....... Judgment A.F.M. Abdur Rahman J.-This Rule Nisi, issued on 23.05.2004, at the instance of the writ petitioner Sontosh Kumar Saha, a Senior Assistant Judge of the Subordinate Judiciary, has called upon the respondents to show cause as to why the petitioner should not be posted as Joint Dis......s judgment at their end. 72. However, there shall be no order as to costs. Ed. This Case is also Reported in: 29 BLD (HCD) (2009) 301. ..Category: Administrative Law, Constitutional Law | Date: 5 Feb, 2009 | Hits: 2
Subrata Majumder @ Liton Vs. State, 2009, 38 CLC (HCD)
.... the Nari-o-Shishu Nirjatan Daman Ain, 2000 (hereinafter called the Ain) rejecting the application for bail of appellant Subrata Majumder @ Liton. 2. The prosecution case, is that the accused persons including the appellant on the night of occurrence abducted the victim Barnali. Then some of th......nal Appeal No. 3921 of 2008. Judgment AKM Fazlur Rahman J. - This appeal is directed against the order dated 13-5-2008 passed by the Nari-o-Shishu Nirjatan Daman Tribunal, Bagerhat (hereinafter called as the Tribunal) in Nari-o-Shishu Nirjatan Case No.126 of 2008 under sections 7/9/(3)/30 of t......hishu Nirjatan Daman Tribunal, Bagerhat who however is at liberty to cancel his bail if the privilege of bail is misused by him in future. Ed. This Case is also Reported in: 16 BLC (2011) 828. ..Category: Women and Children | Date: 5 Feb, 2009 | Hits: 127
.... Mohan Das
Bigraha…………… Petitioner
Vs.
Jahanara Islam Chowdhury and
others………...Opposite Parties
Judgment
December 18, 2008.
Result:
The Rule is made absolute without any order
as to cost.
Case Referred to
Prodip Kumar Chkraborty Vs. Jamila ......ce of any summons upon the deity or service of any notice
of hearing of the aforesaid Review Case No. 127 of 1985 upon the deity after
dismissal of the suit for want of proof of execution of the so-called 'Bainapatra' dated 7-10-83.
33. It is admitted that the suit property
belonged to the d......pect of possession
until disposal of the aforesaid matter by the learned District Judge.
Send down the record at once.
Ed.
This Case is also Reported in: 61 DLR (HCD) (2009) 141.
..
Category: Hindu Law | Date: 18 Dec, 2008 | Hits: 22
MM Ali Ispahani Vs. MM Ispahani Ltd., 2008, 37 CLC (HCD)
.... This Case is also Reported in: 29 BLD (HCD) (2009) 206. ......ime. The weight of evidence on record and of the submissions above of Dr. Zahir further exposes the weakness of Mr. Imam’s submission in this regard. By that reason this Court finds that the so-called 1972 London Agreement was in fact never fully executed or implemented, but rather in its exhi...... Trust is being handed back to the learned Advocate for the Respondent Nos. 1 to 6 today. There is no order as to costs. Ed. This Case is also Reported in: 29 BLD (HCD) (2009) 206. ..Category: Company Law | Date: 4 Dec, 2008 | Hits: 505
Dewan Joynal Abedin Vs. Husen Ahmed Khan and others, 2008, 37 CLC (HCD)
.... hearing. Being aggrieved by the said judgment and order, the pre-emptor moved this Court in Civil Revision No.4485 of 2005. This Court by judgment and order dated 19th August, 2007 made the Rule absolute and directed the learned District Judge to dispose of the appeal on merit. Thereafter, the ......nnot challenge the said order in revisional jurisdiction at his sweet will. 6. The petitioner was required to prove that he was prevented by sufficient cause from appearing when the appeal was called on for hearing. Haven after showing sufficient cause, if the lower appellate Court does not ...... maintainable. I find no merit in this Rule. In the result, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 139. ..Category: Property Law | Date: 2 Dec, 2008 | Hits: 7
Kamal Hossain (Md.) alias Md. Kamal Pramanik Vs. State, 2008, 37 CLC (HCD)
....earned Nari-o- Shishu Nirjatan Daman Tribunal, Natore, in Nari-o- Shishu Nirjatan Case No.31 of 2004, convicting him under section 9(1) of the Nari-o-Shishu Nirjatan Daman Ain, 2000 to suffer imprisonment for life and to pay fine of Taka 10,000, in default to suffer rigorous imprisonment for six......egnant. Then the appellant told the victim to make abortion, but his daughter Rozina Begum did not agree. They told the appellant to register their marriage, but he refused. Appellant's father was called in who admitted the marriage and in turn brought some sweets in which they administered herb......he LC records along with a copy of this judgment to the Tribunal concerned immediately for information and necessary action. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 505. ..Category: Women and Children | Date: 23 Nov, 2008 | Hits: 7
Habibur Rahman Molla Vs. State, 2008, 37 CLC (HCD)
.... reference to the intent of the legislature. So the intention of the legislature is the governing and regulating factor, which has to be gathered not only from the phraseology of the provision, but also by considering its nature, its design, scheme and the consequences which would follow from constr......ne the respective provisions of law as have been referred to and also the application along with the annexure, the counter-affidavit filed by the respondent and the lower Court's record which was called for at the time of issuance of this Rule. 12. There is no denial of the fact that for th......acated. Let a copy of this judgment and order along with the LCR be sent to the concerned Court at once. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 1, 29 BLD (HCD) (2009) 227. ..Category: Anti-Corruption Laws | Date: 20 Nov, 2008 | Hits: 157
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