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Sheikh Mashuk Rahman Vs. State and another, 2009, 38 CLC (HCD)

....ult the Rule is discharged. The order of stay granted earlier by this court is hereby vacated. Communicate the order. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 28. ......Hence, this fact cannot be decided by this court exercising jurisdiction under section 561A of the Code of Criminal Procedure and this is to be decided by the trial Court upon receiving evidence. The principle of law in this respect has been set at rest by the Appellate Division in the case cited ab......opposite party to show cause as to why the proceedings of Metro Sessions Case No.2155 of 2006 arising out of CR No.2612 of 2005 under section 138 of the Negotiable Instruments Act, 1881 now pending before the court of Metro. Assistant Sessions Judge, 5th Court, Dhaka should not be quashed. 2. T......ult the Rule is discharged. The order of stay granted earlier by this court is hereby vacated. Communicate the order. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 28. ..

Category: Banking Law | Date: 16 Aug, 2009 | Hits: 190

Dr. Mohiuddin Khan Alamgir Vs. ACC and another, 2009, 38 CLC (HCD)

....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. ...... support of their oral evidence, The prosecution witnesses produced their calculations made by themselves which is not a better evidence than the oral evidence. It is now well settled that a cardinal principle of law of evidence is that the evidence must always be direct and hearsay evidence must be......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. ......tara Bhaban, Sultana Bhaban, both situated at Gulbahar, PS Kachua, District Chandpur, Suitana Filling Station, Biponi Palash Market and Plot-8 in the housing estate, Comilla. He submitted that before determination of the value the age of the buildings was not determined with cogent evidence and ther..

Category: Anti-Corruption Laws | Date: 13 Jul, 2009 | Hits: 286

Radha Shyam Sarker Vs. Nani Gopal Sen being dead his heirs: Ashesh Kumer and others, 2009, 38 CLC (HCD)

.... 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. ...... 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. ......ni Gopal Sen predecessor of opposite party nos. 1-7 as plaintiffs instituted S.C.C. Suit No.05 of 1996 in the third Court of Senior Assistant Judge, Dhaka, impleading the petitioner as defendant for ejectment from the shop room measuring an area 12' x 4' x 6" situated in holding No......t, which cannot be sustained. 8. In order to appreciate their submissions I have gone through the records and given my anxious consideration to their submissions. 9. The point for determination whether the impugned judgment and decree calls for interference by this Court. 10..

Category: Tenancy Law | Date: 5 Jul, 2009 | Hits: 154

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. ......ntainable in the present form and manner and that the opposite party No.1 has no locus standi to institute the suit. That there is no cause of action to institute the suit. That the suit is barred by principles of estoppel, waiver and acquiescence and that the suit is hit by the provisions of the Sp...... Judge, 3rd Court, Dhaka, in Title Suit No.177 of 2000 dismissing the suit should not be set aside. 2. On 27.11.2000 the opposite party No.1 as plaintiff instituted a Title Suit No.177 of 2000 before the Court of the then Subordinate Judge, 3rd Court, Dhaka against the petitioner and the profor...... 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)

....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. ...... it can not fall back upon the accused. In a Criminal case, it is for the prosecution to bring the guilt home to the accused. 29. In approaching and answering to the points drawn up, cardinal principles of Criminal Jurisprudence in awarding conviction followed by sentence upon an indicted p......al trial, the burden of proving guilt of the accused beyond all reasonable doubt always rests on the prosecution and on its failure, it can not fall back upon the accused. In a Criminal case, it is for the prosecution to bring the guilt home to the accused…………………………..(28) ......and that his Judgment does not suffer from any misreading and non-reading of evidence and as such the impugned Judgment does not call for any interference by the Court. 14. The only point for determination in the appeal is whether the learned Judge was justified in convicting and sentencing..

Category: Women and Children | Date: 22 Jun, 2009 | Hits: 9

Bangladesh Power Development Board & others Vs. Abu Bakar Siddique & anothers, 2009, 38 CLC (AD)

....9 of 2001 are hereby declared to have been passed without lawful authority and is of no legal effect. Accordingly, the appeals are allowed without any order as to costs. Ed. ......nbsp; there was no adequate qualified Assistant Engineer to cater the vacant post i.e. to fill up the existing vacant posts but when the authority got qualified Assistant Engineer the old principle was stopped. Since Engineers holding AMIE/BSc were available for promotion maintaining t......7, 2988, 2990, 2991, 2983, 2982, 2972, 2973 and 2989 of 2001 making the Rule absolute. 2. The facts involved in the cases, in short, are that the respondents in the writ petitions made a prayers for direction upon the appellants to allow the benefit of one step out of turn promotion in accordan......9 of 2001 are hereby declared to have been passed without lawful authority and is of no legal effect. Accordingly, the appeals are allowed without any order as to costs. Ed. ..

Category: Employment/Service Law | Date: 3 Jun, 2009 | Hits: 256

Bangladesh Power Development Board & others Vs. Abu Bakar Siddique & anothers, 2009, 38 CLC (HCD)

....ithout lawful authority and is of no legal effect. Accordingly, the appeals are allowed without any order as to costs. Ed. This Case is also Reported in: 15 BLC (AD) (2010) 214. ......nbsp; there was no adequate qualified Assistant Engineer to cater the vacant post i.e. to fill up the existing vacant posts but when the authority got qualified Assistant Engineer the old principle was stopped. Since Engineers holding AMIE/BSc were available for promotion maintaining t......7, 2988, 2990, 2991, 2983, 2982, 2972, 2973 and 2989 of 2001 making the Rule absolute. 2. The facts involved in the cases, in short, are that the respondents in the writ petitions made a prayers for direction upon the appellants to allow the benefit of one step out of turn promotion in accordan......ithout lawful authority and is of no legal effect. Accordingly, the appeals are allowed without any order as to costs. Ed. This Case is also Reported in: 15 BLC (AD) (2010) 214. ..

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. ...... was terminated in a different context we are of the view that the High Court Division has committed no error in declaring the action of the petitioner herein as not fair and reasonable. The accepted principle it that in taking action against an employee in any given situation the employer is to dem......on 52 (1) gives the Biman authority ample discretion in terminating the services of an employee as it desires without assigning any reason by giving him a mere three prior months notice or the salary for the said period. However, such power shall only be used sparingly and with fairness. Every emplo......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. ..

Category: Employment/Service Law | Date: 2 Jun, 2009 | Hits: 35

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. ...... 23. In this connection we may also profitably refer the decision in the case of Ali Akkas Vs. Enayet Hossain and others reported in 17 BLD (AD) 44 wherein their Lordships held; "the settled principle of law is that to bring a case within the purview of section 561A for the purpose of quash......s in Case No.451 of 2005 under section 138 of the Negotiable Instruments Act, 1881 now pending in the Court of the learned Metropolitan Magistrate, Khulna should not be quashed. 2. Necessary facts for the purpose of disposal of the Rule, in short, is that, on 26-05-2005 the Complainant opposite......ur and not subsequent dishonours can a prosecution under section 138 (c) read with section 141 (b) envisages only one cause of action in respect of one and the same cheque. 12. Now the point for determination is (I) whether the petitioner filed the case satisfying the provisions of law and (II)..

Category: Banking Law | Date: 26 May, 2009 | Hits: 663

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. ......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. ......section 6(1) would be complete when the victim is totally under control of the accused. Unless the victim be totally under the control of the perpetrator or till that stage comes, no one could gather for what purpose the victim was taken by the perpetrator. And total control could not be seen unless......�……….(23) On awarding sentence Death sentence is a sentence which should be passed when the offence committed has not been compatible with any other sentence. Sentence is the judicial determination of a punishment to be inflicted on the facts of the given case. A Judge is sitting for..

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. ......proceeding is not liable to be quashed." 24. If the cause of action is matured during the pendency of the proceeding, the defect of pre-maturity of cause of action could be cured. Though the above principle is laid down in respect of a civil proceeding, we are of the view that the spirit of this ...... under section 138 of the Negotiable Instruments Act, 1881 now pending in the court of the learned Metropolitan Assistant Sessions Judge, 5th Court, Dhaka should not be quashed. 2. Necessary facts for the purpose of disposal of the Rule, is that, the complainant Tauhid Uddin Ahmed, failed a CR Ca......urs 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. 12. Now the point for determination is, (i) whether the petitioner filed the case satisfying the provisions of law and (ii..

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. ....... In this connection we may also profitably refer the decision in the case of Ali Akkas Vs. Enayet Hossain reported in 1997 BLD (AD) 44 = 2 BLC (AD) 16 wherein their Lordships held: "The settled principle of law is that to bring a case within the purview of section 561A for the purpose of quash...... section 138 of the Negotiable Instruments Act, 1881, which is now pending in the Court of Additional Metropolitan Sessions Judge, 1st Court, Chittagong should not be quashed. 2. Necessary facts for the purpose of disposal of this Rule, that opposite party No. 2 Md. Rafiqul Alain as complainant......s 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. 11. Now the point for determination is- (i) whether the petitioner filed the case satisfying the provisions of law; ..

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. ......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. ......on under Order 7, Rule 11 of the Code of Civil Procedure should not be set aside and/or such other or further order or orders be passed as to this Court may seem fit and proper. 2. Facts necessary for disposal of this Rule, briefly, be put thus:- The opposite party, as plaintiff, filed a suit ...... ofagreement in question, the plaint of the Title Suit No.11 of 2006, the written objection filed by the defendant and other relevant papers filed with the revisional application. 9. The point for determination in this Rule is whether the impugned Judgment and order in not rejecting the plaint is..

Category: Civil Law | Date: 21 Apr, 2009 | Hits: 91

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. ...... 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. ......ant 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 this re-visional application, briefly, be put thus:- The plaintiff-respondent-p......passed by the appellate Court as well as those passed by the trial Court, the oral and documentary evidence adduced by the parties and the other materials available on records. 12. The point for determination in this Rule is whether the impugned judgment and decree passed by the appellate Court..

Category: Property Law | Date: 13 Apr, 2009 | Hits: 2

Zahida Ahmed (Liza) Vs. Syed Noor Uddin Ahmed and another, 2009, 38 CLC (HCD)

.... There is no order as to costs. Quamrul Islam Siddiqui J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 168, 29 BLD (HCD) (2009) 375, 14 MLR (HCD) (2009) 465. ......'s relations in preference to the father. The Judgment of the learned District Judge was upheld upto the Appellate Division which, among other findings, held as under: "Indeed, the principle of Islamic Law (in the instant case, the rule of hizanat or guardianship of a minor child ......he High Court Division cannot decide the welfare of the child . . . The Family Court while deciding so must take into account the physical condition of the child as well as the law involved for deciding the question of custody. The age of the detenu can not be the sole basis for deciding t...... There is no order as to costs. Quamrul Islam Siddiqui J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 168, 29 BLD (HCD) (2009) 375, 14 MLR (HCD) (2009) 465. ..

Category: Family Law, Women and Children | Date: 16 Mar, 2009 | Hits: 182

Aysha Begum Vs. State, 2009, 38 CLC (HCD)

....er to the Deputy Commissioner, Narayanganj and Superintendent of Police Narayanganj for their information and necessary action. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 493. ......tion under section 491 of the Code of Criminal Procedure and dealt with custody of the victim minor girls in connection with Nari-o-Shishu Case. Learned Deputy Attorney-General has submitted that the principle for the purpose of determination of custody is practically the same. He has further endors......No. 6945 of 2008 is allowed. Ad interim bail in Nari-o-Shishu case In a Nari-o-Shishu case, the victim is not an accused and thus the question of her release or custody was not a matter for determination under section 498 of the Code. Not being an accused charged with commission of any......6945 of 2008 is allowed. Ad interim bail in Nari-o-Shishu case In a Nari-o-Shishu case, the victim is not an accused and thus the question of her release or custody was not a matter for determination under section 498 of the Code. Not being an accused charged with commission of any off..

Category: Women and Children | Date: 12 Mar, 2009 | Hits: 23

A. J. M. Helal & others Vs. Bangladesh and others, 2009, 38 CLC (HCD)

....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. ......al method. The law is by now well settled that the appeal is a continuation of the suit/case and there is no dispute that in the society a class of borrowers or drawers in taking shelter of this principles of law deliberately used to drag the appeal for an indefinite period in order to hang the......ing out of C.R. Case No.150 of 2006 (Bandor Zone) convicting the petitioner under section 138(1) of the Negotiable Instrument Act and sentencing him thereunder to suffer simple imprisonment for 6(six) months and to pay a fine of Tk. 12,30,600/-. 4. Writ petition No.6720 of 2008 is fro......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)

....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. ...... section 138 of the Negotiable Instruments Act The appeal is a continuation of the suit/case and there is no dispute that in the society a class of borrowers or drawers in taking shelter of this principles of law deliberately used to drag the appeal for an indefinite period in order to hang the...... appeal is a continuation of the suit/case and there is no dispute that in the society a class of borrowers or drawers in taking shelter of this principles of law deliberately used to drag the appeal for an indefinite period in order to hang the process of realization of loan money or unpaid cheque'......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)

....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. ......tioner did not prefer any Civil Petition for leave to appeal to the Appellate Division and the petitioner again filed the instant writ petition against the same cause which is not maintainable on the principle of res-judicata. It has been further asserted by the respondent No.2 that the General Admi......fficial gazette, by implementing the order of withdrawal of suspension of the petitioner dated 26.4.2003 (Annexure-J) along with Memo No.218 dated 26.4.2004 (Annexure N-(9) by placing the same before the General Administration Committee (G.A. Committee) as per rule 3(d)(16) of the High Court Di......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

Nazimuddin (Md.) Chairman Vs. Government of Bangladesh, 2008, 37 CLC (HCD)

.... and discussions as made above, we do not find any merit in this Rule which is accordingly, discharged without any order as to cost. This Case is also Reported in: 61 DLR (HCD) (2009) 81. ......thout giving prior notice to the respondent has also no substance. The process of sanction is an administrative act and is not subject to any judicial scrutiny." (Underlined by us). 21. The principle of law of the above case in respect of sanction can be well inferred in the present case, ......GR Case No. 44 of 2008 now pending in the Special Judge Court No. 6, Sher-e-Bangla Nagar, Dhaka should not be declared to be without lawful authority and is of no legal effect. 2. Facts relevant for disposal of the Rule, in brief, are that the petitioner was arrested by Rapid Action Battalion-1...... and discussions as made above, we do not find any merit in this Rule which is accordingly, discharged without any order as to cost. This Case is also Reported in: 61 DLR (HCD) (2009) 81. ..

Category: Anti-Corruption Laws | Date: 4 Dec, 2008 | Hits: 149

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