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Sheikh Hasina Vs. Bangladesh & others, 2010, 39 CLC (HCD)
.... speech, Mr. Sheikh Fazlee Noor Taposh had it to say that in the light of the attending facts, we should, instead of confining ourselves to the narrow specified terms of the Rule, for the interest of justice, look at a broader horizon, touching upon the question of very legality of the criminal proc......ntinued to submit that the whole case was geared to assail the credibility and the integrity of the Petitioner, with a visibly vindictive intention. 12. Mr. A.F.M. Mesbahuddin submitted that the document at page 24 of the writ petition is a clear reflection of malafide exercise of power. He con..Category: Anti-Corruption Laws | Date: 4 Mar, 2010 | Hits: 102
Sheikh Hasina Vs. Bangladesh and others, 2010, 39 CLC (HCD)
.... speech, Mr. Sheikh Fazlee Noor Taposh had it to say that in the light of the attending facts, we should, instead of confining ourselves to the narrow specified terms of the Rule, for the interest of justice, look at a broader horizon, touching upon the question of very legality of the criminal proc......ntinued to submit that the whole case was geared to assail the credibility and the integrity of the Petitioner, with a visibly vindictive intention. 12. Mr. A.F.M. Mesbahuddin submitted that the document at page 24 of the writ petition is a clear reflection of malafide exercise of power. He con..Category: Anti-Corruption Laws | Date: 4 Mar, 2010 | Hits: 131
State Vs. Secretary, Ministry of Home Affairs, 2010, 39 CLC (HCD)
....ned advocate, who brought the matter to our notice at the initial stage submitted before us that in spite of every effort taken to train police, judiciary and other personnel involved in the juvenile justice system, it appears that still there are police officers who are ignorant of the basic law of......rection that a copy be kept in the dossier of the two learned Magistrates concerned. Md. Abu Tariq J. - I agree. This Case is also Reported in: 16 MLR (AD) (2011) 254; 30 BLD (HCD) (2010) 265. ..Category: Women and Children | Date: 1 Mar, 2010 | Hits: 177
Dr. Md. Nazimuddin and others Vs. Md. Abdur Rahman Siddique and others, 2010, 39 CLC (HCD)
....tand the purpose of promulgation of Bankruptcy Act, 1997 as well as its application. Both the Courts below have committed an error of law resulting an error in the decision occasioning a failure of justice in allowing application under section 33(1) of the Bankruptcy Act, 1997 in a proceeding wh......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
Rezaul Kabir (Md.) and another Vs. Bangladesh and others, 2009, 38 CLC (HCD)
....he appointment letters it has been stated that the employment of the petitioners may be cancelled without serving any show cause notice but the requirements of compliance of the rules of natural justice cannot be excluded nor can be excluded by a statutory provision. Furthermore, simp......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
Zahirul Islam & others Vs. Government of Bangladesh others, 2009, 38 CLC (HCD)
....Dhaka prepared in the name of the petitioners to the settlement press for final publication. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 168 ......Dhaka prepared in the name of the petitioners to the settlement press for final publication. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 168 ..Category: Property Law, Tenancy Law | Date: 28 Oct, 2009 | Hits: 5
Md. Rezaul Kabir Vs. State and another, 2009, 38 CLC (HCD)
....expressly declaring what shall be the consequence of non-compliance, is the requirement to be regarded as imperative or mandatory or merely as directory or permissive. It is the duty of the Courts of justice to try to get at the real intention of the legislature by carefully attending to the whole s......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. ..Category: Anti-Corruption Laws | Date: 11 Oct, 2009 | Hits: 10
Md. Mainul Haque Bhuyan Vs. Md. Akkas Miah, 2009, 38 CLC (HCD)
....ues involved and set aside the order passed by the learned Assistant Judge and House Rent Controller. The impugned judgment and order passed by the Appellate Court below has not occasioned failure of justice and hence does not call for any interference by this Court. 13. In the result, the Rule...... Order. Let a copy of the judgment be sent to the Assistant Judge, Second Court and House Rent Controller, Dhaka at once. Ed. This Case is also Reported in: 14 MLR (HCD) (2009) 425. ..Category: Tenancy Law | Date: 6 Oct, 2009 | Hits: 127
State Vs. Secretary, Ministry of Law, Justice & Parliamentary Affairs and others, 2009, 38 CLC (HCD)
....ĻĒāĻ¨āĻžāĻ°āĻž āĻŦāĻžāĻ¨āĻžāĻ˛ā§āĻ¨āĨ¤)" 2. It is reported that being aggrieved by the occurrence which took place, the parents of the victim girl took her before the authorities in order to seek justice and the 7 (seven)-year-old child, who reads in Class III, was sent to safe custody. She is s......ration (para.37), child labour (para.44) and the juvenile justice system (para.46) have been insufficiently addressed (emphasis added). Those concerns and recommendation are reiterated in the present document." The Committee recommended as follows: "The Committee recommends that the State pa..Category: Women and Children | Date: 3 Sep, 2009 | Hits: 198
Sree Ashish Kumar Shaha Roy Vs. Al-Haj Md. Wasidul Islam and others, 2009, 38 CLC (AD)
....rt Division, we do not find any ground to interfere with the finding of facts arrived at by the courts below. It appears to us that there is no error of law in the decision occasioning any failure of justice.The finding of the High Court Division is based on concurrent findings of facts and the plai......ourt on all the issues and thereby found that the plaintiffs failed to prove that the deed of gift executed by Gagon Chandra Saha in favour of his daughter Minoti Bala Saha is a forged and fabricated document. The appellate court considered the evidence on record and accepted the finding of the tria..Category: Property Law | Date: 23 Jul, 2009 | Hits: 6
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. ......on passed by the trial Court is absolutely without evidence and is liable to be set aside. 49. We have examined the FIR, charge sheet, examination-in-chief, cross-examination, exhibits and other documents in the record. We have also carefully perused the judgment passed by the trial Court in th..Category: Anti-Corruption Laws | Date: 13 Jul, 2009 | Hits: 286
Category: Environmental Law, Property Law | Date: 25 Jun, 2009 | Hits: 19
Most. Abu Tara Vs. Md. Abdur Rahim Khan and others, 2009, 38 CLC (HCD)
....t in the instant suit the appellate Court without referring the evidence on record reversed the Judgment and decree passed by the learned Joint District Judge, 3rd Court, Dhaka occasioning failure of justice which is liable to be interfered by this Court and hence the rule should be made absolute. .......12.97 the petitioner's husband returned backed Tk. 3,50,000 to opposite party No.1 through one Ayub Ali Sikder and after receiving the said amount the opposite party No.1 returned the papers and documents including the Bainanama to the petitioner's husband. Thereafter a Bainanama dated 15.1..Category: Evidence Law | Date: 25 Jun, 2009 | Hits: 42
Sree Pintoo Pal Vs. State, 2009, 38 CLC (HCD)
....Judgment June 22, 2009. Result: The appeal is allowed. Presumption of innocence 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 ......Mr. Abdur Razzaque Miah, the learned Advocate for the appellant took us to the FIR, the charge so framed, the deposition of the prosecution witnesses, impugned Judgment and the material papers and documents which are available in the paper books and submits that the appellant is quite innocent a..Category: Women and Children | Date: 22 Jun, 2009 | Hits: 9
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. ......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
Md. Babul Hossain Mollah and others Vs. Hasneara Begum and others, 2009, 38 CLC (HCD)
....X Rule 13 of the Code cannot be entertained. Secondly the learned judge without appreciating the materials on record and provisions of law, allowed such application, causing serious miscarriage of justice. 6. No one appears for the opposite parties to oppose the Rule. 7. On going to m......fice is directed to send down the records of the case at once with a copy of judgment for information and necessary action. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 312. ..Category: Procedural Law | Date: 28 May, 2009 | Hits: 3
Sheikh Md. Nurul Haque Vs. State and anothÂer, 2009, 38 CLC (HCD)
.... ingredients of section 138 of the Negotiable Instruments Act and as such the impugned proceedings is quite abuse of process of the Court and the same is liable to be quashed for securing the ends of justice. 6. Mr. Khondaker Boshir Ahmed, the learned Advocate for the opposite party No.2, on the ......ds vacated. Send a copy of this order to the Metropolitan Magistrate, Khulna for compliÂance. Md. Ataur Rahman Khan J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 162. ..Category: Banking Law | Date: 26 May, 2009 | Hits: 663
Bangladesh National Women Lawyers Association (BNWLA) Vs. Bangladesh and Others, 2009, 38 CLC (HCD)
....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. ......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
State Vs. Anjali Debi alias Monju Debi, 2009, 38 CLC (HCD)
....ear 1983 up to 2003, special laws have been promulgated by the Government for safety of woman's body, but there is no achievement, rather parallel laws are running in Bangladesh. Principle of natural justice speaks that when there are two parallel laws, harsh law should not be applied to an accused ......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. ..Category: Women and Children | Date: 5 May, 2009 | Hits: 75
Zahed Hossain (Md.) Vs. State and another, 2009, 38 CLC (HCD)
.... in 14 BLC 66 and in the case of Ruby Leather Exports Vs. K Venu (1995) reported in 82 Comp Case 776 (Mad) Vol. 86, Page 943. Accordingly, he submits that the present Rule may be absolute for ends of justice. 5. Mr. Khurshid Alain Khan, the learned Advocate for the opposite party No. 2, on the ......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. ..Category: Procedural Law | Date: 29 Apr, 2009 | Hits: 135