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Mokles Uddin Bhuiyan Vs. Rabi Chowdhury, 2012, 41 CLC (HCD)
.... The order of status quo granted earlier by this Court is hereby recalled and vacated. Send down the Lower Court's Record at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 471. ......llaneous Appeal No.11 of 1994 affirming those dated 16-3-1994 passed by the Assistant Judge, in-charge, Singair, Manikganj in Miscellaneous Case No.55 of 1984 should not be set aside. 2. The facts for disposal of the Rule, in short, are that opposite party No.1 as petitioner filed Miscellaneous C...... The order of status quo granted earlier by this Court is hereby recalled and vacated. Send down the Lower Court's Record at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 471. ......order of auction dated 25-11-1975 in Money Execution Case No.4 of 1975 by his Judgment and order dated 16-3-1994. 5. Being aggrieved by and dissatisfied with the impugned Judgment and order of the trial Court, the present petitioner preferred Miscellaneous Appeal No.11 of 1994 before the District..Category: Civil Law | Date: 11 Mar, 2011 | Hits: 185
Major (Retd.) Nurullah and another Vs. State and Bother, 2011, 40 CLC (HCD)
.... report, statements of the victim recorded under section 22 of the Ain, charge sheet and other materials clearly disclose the offence under sections 7, 30 of the Ain, 2000. Therefore, the Court below rightly framed charge. Moreso, the prosecution was launched under the Ain, 2000 and the police after......nding in the Court of Nari-o-Shishu Nirjatan Daman Tribunal No.1, Dhaka. 2. Facts, in brief are that on 7-8-2008 at 10-45 am the petitioners kidnapped the minor girl aged about 15 years of the informant from her school premises, thereby they committed the offence under sections 7, 30 of the Ain......n view of foregoing narrative, the application is rejected summarily. Office is directed to communicate the order at once. Ed. This Case is also Reported in: 17 BLC (HCD) (2012) 831. ......ccusing the petitioners. Eventually charge under sections 7, 30 of the Ain, 2000 was framed against the petitioners by the Tribunal by rejecting the application for discharge. The case is pending for trial. 4. Feeling aggrieved, the petitioners preferred the instant application. 5. The lea..Category: Women and Children | Date: 8 Mar, 2011 | Hits: 90
Kazol and others Vs. State, 2011, 40 CLC (HCD)
....e directed to set at liberty at once if not wanted in connection with any other case. Send down the L.C. records at once. AKM Zahirul Haque J.- I agree. Ed. This Case is also Reported in: ......ase No. 85 of 2005 arising out of Manikgonj P.S Case No.19 (2)2003 dated 11.02.2003 convicting the accused appellants under section 302/34 of the Penal Code and sentencing them to suffer imprisonment for life with a fine to pay of Tk. 10,000/-, in default to suffer rigorous imprisonment for further ......e directed to set at liberty at once if not wanted in connection with any other case. Send down the L.C. records at once. AKM Zahirul Haque J.- I agree. Ed. This Case is also Reported in: ......gation police submitted a charge sheet against the appellants along with another co-accused. 4. Thereafter the case was transmitted to the Court of learned Additional Sessions Judge, Manikgonj for trial and renumbered as Sessions Case No. 85 of 2005 wherein a charge was so framed against the appe..Category: Criminal Law | Date: 2 Mar, 2011 | Hits: 48
Ahammad Hossen alias Gura Miah Vs. State, 2011, 40 CLC (HCD)
....case, the trial Court is hereby directed to consider the bail of the appellant. Communicate the order at once. AKM Zahirul Hoque J. - I agree. Ed. This Case is also Reported in: ...... No.156 of 2008 arising out of G.R. Case No.274 of 2007 corresponding to Lohagara P.S. Case No. 04 dated 4.11.07 under section 7/30 of the Nari-O-Shishu Nirjatan Daman Ain, 2000, rejecting the prayer for bail of the appellant. 2. The appellant was brought to the trial under section 7/30 of the ......case, the trial Court is hereby directed to consider the bail of the appellant. Communicate the order at once. AKM Zahirul Hoque J. - I agree. Ed. This Case is also Reported in: ......g to Lohagara P.S. Case No. 04 dated 4.11.07 under section 7/30 of the Nari-O-Shishu Nirjatan Daman Ain, 2000, rejecting the prayer for bail of the appellant. 2. The appellant was brought to the trial under section 7/30 of the Nari-O-Shishu Nirjatan Daman Ain, 2000. 3. After investigation ..Category: Women and Children | Date: 1 Mar, 2011 | Hits: 103
Shammi Yasmin @ Suma alias Sreemoti Rafiqa Rani and others Vs. State, 2011, 40 CLC (HCD)
.... on behalf of appellant-informant in Criminal Appeal 5688 of 2010, on the other hand submits that the victim is a minor girl and her father informant being the legal guardian of the minor girl is the right person to do welfare of the child victim and the trial Court committed illegality in rejecting......hese appeals by the impugned order dated 5.7.2010 the learned Nari-O-Shishu Nirjtatan Daman Tribunal, Joypurhat rejected the 2 applications, one filed by the victim herself and another filed by the informant for custody of the victim girl in Nari-O-Shishu Case No. 106 of 2010 arising out of Panchbib...... 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: ......as well as her statement recorded in court has clearly conferred that she on her free will went out of her house and married to the accused Suman and like to stay with her husband as his wife and the trial court committed gross illegality in rejecting her application and as such the impugned judgmen..Category: Women and Children | Date: 27 Feb, 2011 | Hits: 82
....tes relating to the meaning of the specifications, designs, drawings and instruction and also as to the quality of workmanship or materials used on the work, or as to any other questions, claim, right, matter or thing whatsoever in any way arising out of or relating to the contract, designs dra......ructed by AKM Shahidul Huq, Advocate-on-Record—For the Respondent No.1 (In both the petitions)
None Represented—For the Respondent Nos.2-6 (In both the petitions)
Civil Petition for Leave to Appeal Nos.1602 and 1603 of 2010.
(Arising out of the same judgment and order date......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.
......ort Processing Zone Authority (BEPZA) issued work order being No. BEPZA/CE-11-99/71 dated 12-2-2001 in his favour through tender procedures for development of the land of Kha Goup being eighteen industrial plots with construction of roads of Comilla EPZ (Export Processing Zone) fixing the date for c..
Category: Civil Law | Date: 23 Feb, 2011 | Hits: 10
....
February 17, 2011.
Result:
The petition is dismissed.
When additional evidence sought to be adduced.
It is well established that Order XL, rule 27, CPC does not confer a right on the party to produce additional evidence. The need for additional evidence must be felt by ......smissed.
When additional evidence sought to be adduced.
It is well established that Order XL, rule 27, CPC does not confer a right on the party to produce additional evidence. The need for additional evidence must be felt by the Court itself, if the Court hearing the action requires a......ubstance hi the submissions of the learned Advocate for the petitioners.
Accordingly, the leave petition is dismissed.
Ed.
This Case is also Reported in: 67 DLR (AD) (2015) 119.
......action requires any document so as to enable it to pronounce judgment, it has the jurisdiction to permit additional evidence to be produced.
When evidence was not adduced by the defendant at the trial stages, at the appellate stage he cannot claim as of his right, an opportunity to adduce evide..
Category: Civil Law | Date: 17 Feb, 2011 | Hits: 5
....workers has been brought to our notice by BNWLA, which is an established and reputed organization of women lawyers, who deal with empowerment of women and welfare of children, and protection of their rights. An incident of physical violence against a child domestic worker has been highlighted as rep......l violence against a child domestic worker has been highlighted as reported in the daily national newspaper Amar Desh on 03.05.2010 (Annexure-A to the writ petition).
2. The newspaper reports that for breaking a flower vase, the lady of the house tied up the child housemaid, pushed her on to the ...... or further order or orders passed as to this Court may seem fit 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 tortu......ndustry in exchange for payment, but does not include anyone engaged in work as a domestic worker. The definition of establishment appearing in section 2(31) means any shop, trade establishment, industrial establishment, premises or yard where workers are employed for the management of an industry. ..
Category: Women and Children | Date: 15 Feb, 2011 | Hits: 265
Promoda Sundari Sen Kalyan Trust Vs. Momtaz Zafar Ahmed and Others, 2011, 40 CLC (HCD)
....perty as described in the schedule of the plaint; which already have been sold in auction in the proceedings of the Execution Case No. 368 of 2004 and in that view of the matter both the Courts below rightly arrived at a concurrent finding that the suit is impliedly barred by section 20 of......rievances, other than the recourse prescribed by specific provisions governing the issue— It is an admitted proposition that the present plaintiff-petitioner did not file any application before the executing Adalat under section 32 of the Ain, 2003 but he has filed the present s......rder as to cost Let a copy of the Judgment along with lower Court's record be sent down at once. Ed. This Case is also Reported in: 68 DLR (HCD) (2016) 53 ......onikrishna Sen Decree College and after the death of Shankar Basu the suit land came under Monikrishna Sen Trust; that one NGO namely Grameen Samaj Kendra took loan from the Agrani Bank, Tejgaon Industrial Area Branch, Dhaka mortgaging the schedule property as security of loan but the said NGO faile..Category: Banking Law | Date: 9 Feb, 2011 | Hits: 2
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. ...... or any other order passed as this Court may deem fit and proper. 2. By the same Rule issuing order, all further proceedings of the above Sessions Case were also stayed. 3. The relevant facts for disposal of the Rule are that the added opposite-party No.2 Mohammad Kamal Uddin Chowdhury lodge......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. ......mpugned proceeding, and, as such, the Rule issued in this case is liable to be discharged. In the result, the Rule is discharged. Stay order passed in connection with this Rule stands vacated. The trial Court shall proceed with the case in accordance with law. Send a copy of the judgment and o..Category: Banking Law | Date: 6 Feb, 2011 | Hits: 361
Sohrab Hossain (Md.) & others Vs. State & another, 2011, 40 CLC (HCD)
.... of the Code. 11. For the discussions made above, we find no merit in the Rule. Accordingly, this Rule is discharged. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 215. ......was issued calling upon the opposite-parties to show cause as to why the impugned proceedings of CR Case No.4137 of 2009 under sections 138/140 of Negotiable Instruments Act, 1881, Now pending before the Court of Chief Metropolitan Magistrate, Dhaka should not be quashed and/or pass such other ...... of the Code. 11. For the discussions made above, we find no merit in the Rule. Accordingly, this Rule is discharged. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 215. ......he Act to constitute an offence under the section have been stated. Whether the formalities before filing the petition of complaint were complied with or not are matters to be thrashed out during the trial and the accused-petitioners shall have ample scope to take those objections at the trial, but ..Category: Others | Date: 3 Feb, 2011 | Hits: 4
Shamsunnur Rahman Vs. State, 2011, 40 CLC (HCD)
.... In view of the foregoing narrative the petition of appeal is rejected. Office is directed to communicate the judgment and order at once. Ed. This Case is also Reported in: 16 BLC (2011) 895....... Md. Ziaul Karim J. - By this appeal under section 28 of the Act, 2000 the appellant seeks to set aside the order dated 13-10-2010 passed in Nari-o-Shishu case No. 86 of 2007, keeping the application for issuing summons to the charge sheeted witness with the record. 2. Facts, in brief, are that, ...... In view of the foregoing narrative the petition of appeal is rejected. Office is directed to communicate the judgment and order at once. Ed. This Case is also Reported in: 16 BLC (2011) 895.......scribed under section 10 of the Ain, 2000. 3. The police after investigation submitted charge sheet accusing the appellant under the said section. The case is now pending before the Tribunal for trial and meanwhile eleven prosecution witnesses were examined. On 13-10-2010, the appellant sought ..Category: Women and Children | Date: 31 Jan, 2011 | Hits: 127
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.......t of Title Suit No. 308 of 2009 as per provisions of Order VII Rule 11 of the Code of Civil Procedure. 2. Appellants as plaintiffs instituted Title Suit No.308 of 2009 with prayers amongst other for:— “ক) নিম্নের তফসিল বর্ণিত ও চৌহুদ্......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....... of Civil Procedure holding that fruitless litigation should be buried at his inception. All these decisions are not on Order VII Rule 11 of the Code of Civil Procedure but on disposal of suits after trial on merit. 7. Not let us consider the main ground upon which the plaint was rejected Learn..Category: Property Law | Date: 27 Jan, 2011 | Hits: 95
Md.Hasanul Islam Hanif Vs. State, 2011, 40 CLC (HCD)
.... petitioner and carried out a search on his body in presence of local witnesses, namely, Abdul Karim, Md. Mazharul Sikder and Md. Israfil and recovered a revolver along with one round bullet from the right side of the waist of the petitioner. After that, the DB Police prepared a seizure list and too......litary witness and it is not necessary to seek corroboration always from independent sources. Adverse presumption under section 114(g) of the Evidence Act is, essentially, a question of fact which is for the court to arrive at a decision. Non-examination of important witnesses creates presumption un......et the lower Court's record with a copy of this judgment and order be sent down to the concerned Court at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 237. ......pecial Tribunal No.7, Dhaka who framed charge against the petitioner under sections 19A and 19(f) of the Arms Act. The charge was read over to the petitioner who pleaded not guilty and prayed to face trial in accordance with law. 4. The prosecution examined as many as 11 witnesses and on the ot..Category: Evidence Law | Date: 26 Jan, 2011 | Hits: 7
M/S A-Z Knit Wears Ltd. and another Vs. City Bank Ltd. and others, 2011, 40 CLC (HCD)
.... without any order as to costs. The order of restraint granted at the time of issuance of the Rule is hereby vacated. Nazmun Ara Sultana J. I agree. Ed. This Case is also Reported in: ......ence against the petitioners and the claim raised in the notice is correct there are all questions of facts to be determined by a competent court in due course of trail, if the notice giver bank goes for legal action. But at this stage its access of justice cannot be denied by gagging the legal noti......ied that no other equally efficacious remedy is provided by law- (a) on the application of any person aggrieved, make an order-(i) directing a person performing any functions in connection with the affaires of the Republic or of a local authority ... to do that which he is required by law to do.........our of the same constitutes any offence against the petitioners, and the claim raised in the notice is correct, these are all questions of facts to be determined by a competent Court in due course of trial, if the notice giver-bank goes for legal actions. But at this stage its access to justice cann..Category: Banking Law | Date: 26 Jan, 2011 | Hits: 185
Mahbub Ahmed Chowdhury Vs. Chief Election Commissioner and others, 2011, 40 CLC (AD)
.... is a pre-election process and putting signatures of one percent electors of the concerned constituency on a mere blank paper giving support to a candidate cannot be put at par to the actual voting right to be exercised by an elector on the day of election by casting vote by inserting the ballo......ub Ahmed Chowdhury.......................Petitioner Vs. Chief Election Commissioner and others..........Respondents Judgment January 23, 2011. Result: Civil Petition for Leave to Appeal is dismissed. Words and Phrases Amendment and Amendment of a statut......ires an election under the RPO, 1972 shall be decided by secret ballot. In order to decide the eligibility or competency of a candidate seeking election to the Parliament for conducting free and fair election through a democratic process Article 12 of the RPO, 1972 was amended by inserting cla......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. ..Category: Constitutional Law | Date: 23 Jan, 2011 | Hits: 11
StateVs. Noor Islam and others, 2011, 40 CLC (HCD)
....a, 3) Jahangir @ Gani, 4) Hazil Uddin @ Azizur Rahman and absconding accused Aaizel @ Aazu @ Azizul Haque @ Azizur killed Shilpi Khatun instantaneously after committing gang-rape on her and they have rightly been found guilty and as such convicted by the learned Judge of the Tribunal below under Sec...... Jail Appeal No.1063 of 2005. (Against the death sentence passed by Nari-O-Shishu Nirjatan Daman Tribunal, Jessore in Nari-O-Shishu Nirjatan case 12 of 2003, referred to the High Court Division for confirmation of the death sentence.) Judgment Afzal Hossain Ahmed J.- This Death Reference......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......., Jahangir alias Goni, Hajiruddin alias Azizur Rahman, Ziaur Rahman alias Zia, Aaizul alias Aazu alias Azizur under Section 9(3) of the Nari-O-Shishu Nirjaton Daman Ain, 2000. At the beginning of the trial charge under Section 9(3) of the Nari-O-Shishu Nirjaton Daman Ain, 2000 was framed against all..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)
....ute and punish those found responsible and also provide redress to those affected. Both the petitioners have a long established track record in undertaking public interest litigation for securing the rights of the most marginalised and discriminated persons of the community. Rule Nisi was issued on ...........................Respondents Judgment January 13, 2011. Cases Referred to- Bangladesh Legal Aid and Services Trust and others Vs. Government of Bangladesh and others; Parents Forum for Meaningful Education and Another Vs. Union of India and another, AIR 2001 (Delhi) 212; F.C. Mull...... children bear the brunt of so-called disciplinary action from everyone older in age or bigger in size. Corporal punishment imposed upon children of all ages by parents and teachers is an every-day affair and has been going on through the ages. It can be said that the attitude of acceptance of corpo...... of Bangladesh Legal Aid and Services Trust and others Vs. Government of Bangladesh and others, in Writ Petition No.5863 of 2009. By judgment delivered on 08.07.2010, it was held essentially that the trial of any offence and imposition of penalties may only be done by established courts and tribunal..Category: Women and Children | Date: 13 Jan, 2011 | Hits: 248
State Vs. Alam, 2011, 40 CLC (HCD)
....ny part of the body other than some bruises on the lips and fore head. The autopsy has revealed an abrasion extending from the back and lateral aspect of the neck of the victim up to the angle of the right mandible or jaw and a non-continuous mark on the throat brought about by a ligature. As is evi......racted the provisions of section 374 of the Code of Criminal Procedure ("the Code") requiring such sentence to be confirmed by this Court. The case record together with the Judgment having been, therefore, sent to this Court, this Court registered the same as Death Reference No.128 of 2005. This is ...... 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. ......at variance with those of other witnesses. This, he argues, makes the FIR unreliable. Furthermore, it is alleged that the investigation of the case was held in a perfunctory manner vitiating the very trial. 4. Mr. Islam submits that most blatant of the discrepancies in the depositions of the ey..Category: Women and Children | Date: 11 Jan, 2011 | Hits: 176
Ramesh Chandra Adhikari Vs. Bulbuli, 2011, 40 CLC (AD)
....s a sacrament for the purification of the body from inherited taint. It is not a contract. Of course the marriage is necessarily the basis of social organization and the foundation of important legal rights and obligations. Codification of Hindu Law In view of the modern social dimensions ......ndent Judgment January 6, 2011. Result: The leave petition is dismissed. Marriage and Succession under Hindu Law Marriage under the traditional Hindu Law is a holy union for the performance of religious duties. It is a sacrament for the purification of the body from inh......very much conscious about the extreme sensitive issue involved in this particular matter. But our view is that far reaching and fundamental changes could be achieved and we shall be able to have fair and equitable solution to some of the most difficult questions relating to the law of......sence of P.W.4. Exhibit-1-voter-list shows that the defendant has been shown as the husband of the plaintiff and they have also joint photograph as husband and wife marked as Exhibit-3. Both the trial court and the court of appeal below as the final court of facts on consideration of both oral ..Category: Family Law, Hindu Law | Date: 6 Jan, 2011 | Hits: 15
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