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Mokles Uddin Bhuiyan Vs. Rabi Chowdhury, 2012, 41 CLC (HCD)
....nd the value of the auction money was not proper. The opposite party No.1 came to know the same on 11-07-1976. Hence the case. 3. The case was contested by the present petitioner and the predecessor of the opposite party Nos.4-13 by filing joint written objection stating inter-alia that the cas...... 16-3-1994 passed by the Assistant Judge, in-charge, Singair, Manikganj in Miscellaneous Case No.55 of 1984 are hereby upheld. 14. 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 Repor......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......l Hoque J.- On an application under Section 115 of the Code of Civil Procedure by the petitioner the Rule was issued calling upon the opposite party No.1 to show cause as to why the impugned Judgment and order dated 18-2-1999 passed by the Subordinate Judge, 2nd Court, Manikganj in Miscellaneous App..Category: Civil Law | Date: 11 Mar, 2011 | Hits: 185
Major (Retd.) Nurullah and another Vs. State and Bother, 2011, 40 CLC (HCD)
....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 investigation submitted ch......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...... (HCD) (2012) 831. ..Category: Women and Children | Date: 8 Mar, 2011 | Hits: 90
Kazol and others Vs. State, 2011, 40 CLC (HCD)
....ession Case 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 ......roboration amongst each other, although it has not been in the charge. Thus this contention subsequently been derived on embellishment and have been floated just to connect the appellants with the so-called incident. But on perusal of the prosecution witnesses we found that this contention was also ......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......aque J.- I agree. Ed. This Case is also Reported in: ..Category: Criminal Law | Date: 2 Mar, 2011 | Hits: 48
Ahammad Hossen alias Gura Miah Vs. State, 2011, 40 CLC (HCD)
.... the trial 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: ......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 ....... After investigation police submitted a charge sheet on 17.1.2008 against the appellant under section 7 of the Nari-OShishu Nirjatan Daman Ain, 2000. 4. The appellant was arrested on 4.11.2007 and since his prayer for bail was rejected by the impugned order. He then preferred the instant appe..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)
....hishu Nirjatan Daman Ain, 2000 (as amended 2003) 3. Prosecution case in short is that on 19.03.10 one Rabi alias Sree Rabi Malo lodged an FIR with the Pachbibi Police Station against 3 accused persons alleging inter alia that the informant’s daughter Rafiqa Rani is a student of Class –IX of ......Station against 3 accused persons alleging inter alia that the informant’s daughter Rafiqa Rani is a student of Class –IX of Uchai Ozarka High School. At about 1.30 p.m on 28.2.2010 accused Amena called his daughter for plucking potato but thereafter till evening she did not return back home. He......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......al-For the opposite party. Criminal Appeal No. 4860 of 2010. With Criminal Appeal No. 5688 of 2010. Judgment AKM Asaduzzaman J. - Both the appeals since arisen out of the same judgment and order heard together and disposed of by a single judgment. 2. In both these appeals by the im..Category: Women and Children | Date: 27 Feb, 2011 | Hits: 82
....e judgment and order, taken together for hearing analogously are directed against the judgment and order dated 17-11-2009 passed by a Division Bench of the High Court Division making the Rules absolute in Civil Revision Nos.389 of 2008 and 422 of 2008.
2. CP No.1602 of 2010 has arisen out ......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......ent:
ABM Khairul Haque CJ
Md Muzammel Hossain J
SK Sinha J
Executive Chairman, Bangladesh Export Processing Zones Authority (BEPZA)......Petitioner
Vs.
M/s. Abdul Mannan and anothers.................Respondents
Judgment
February 23, 2011.
Result:
The..
Category: Civil Law | Date: 23 Feb, 2011 | Hits: 10
....
Judgment
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 righ......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......t
High Court Division
(Civil)
Present:
ABM Khairul Haque CJ
Md. Muzammel Hossain J
Surendra Kumar Sinha J
Hussain Fabrics Ltd. Represented by its Managing Director and another………….Petitioners
Vs.
Haji Momena Khatun and others...
Category: Civil Law | Date: 17 Feb, 2011 | Hits: 5
Abu Hanifa (Md.) Vs. Md. Shafiul Bashar and others, 2011, 40 CLC (AD)
....s dismissed. The Muslim Marriages and Divorces (Registration) Act, 1974; section 11 The Muslim Marriages and Divorces (Registration) Rules, 1975; Rule 8(2) No action should be taken against a person without giving him any opportunity of being heard. When any person is given the temporary lice......tion 11 of the said Act and Rule 8(2) of the aforesaid Rules and, as such, there is no illegality in the impugned judgment and order passed by the High Court Division and, as such, no interference is called for by this Division and the appeal is liable to be dismissed. 6. We have heard the learne......dgment and order dated 1-11-2003 passed by a Division Bench of the High Court Division in Writ Petition No.7505 of 2002 is hereby affirmed. Ed. This Caseis also Reported in: 65 DLR (AD) (2013) 243. ...... ..Category: Civil Law | Date: 15 Feb, 2011 | Hits: 8
Rupali Bank Ltd., Dhaka Vs. M/S. Brick Linkers Ltd. and Others, 2011, 40 CLC (AD)
....in Adalat directed the judgment-debtors to pay the decreetal amount by 28th February, 1994 and interest at the rate of 21% within four months from 1st March, 1990. The appellant did not assign any reason whatsoever in its application for not taking steps for drawing up the final decree despite that ......dalat ultimately sold the mortgaged property in auction. The judgment-debtor filed application in the executing Court praying for shifting a date for sale on the ground that a country wide strike was called on the day fiixed for auction sale. The Adalat sold the property in auction despite such obje......em. The appeal is dismissed with the above observations without any order as to costs. Ed. This Case is also Reported in: 31 BLD (AD) (2011) 92, 16 BLC (AD) (2000) 107, VIII ADC (2011) 523 ...... Present ABM Khalrul Haque CJ Md. Muzammel Hossain J Surendra Kumar Sinha J Rupali Bank Ltd., Dhaka……………………………………Plaintiff Vs. M/S. Brick Linkers Ltd. and Others………………Respondent Judgment February 15, 2011. Case Referred To- Sar..Category: Banking Law | Date: 15 Feb, 2011 | Hits: 189
.... CHILD DOMESTIC WORKERS].
......ARK (SCSD), CHILD DOMESTIC WORKERS – LIVING INSIDE ROOM AND OUTSIDE LAW AND ROLE OF GOVT. AND CIVIL SOCIETIES IN BANGLADESH , 36-37 (2009) [hereinafter SCSD REPORT ON CHILD DOMESTIC WORKERS].
......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. ......Lawyers Association (BNWLA), represented by its Vice-President, Fahima Nasrin……….......Petitioner
Vs.
The Cabinet Division, Represented by Cabinet Secretary, Bangladesh Secretariat, Dhaka and others .........Respondents
Judgment
February 15, 2011.
Result:
The Rule is made abs..
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)
....ssess the plaintiff from the suit land on 15-9-2009 and thereafter, the defendant Nos. 1-3 in connivance with the defendant Nos. 4-6 on 26-7-2009 at 9-10 AM illegally entered into the suit land and also tried to evict the employees of Monikrishna Sen Trust. Hence, the suit. 3. After institution......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...... Present: Sheikh Abdul Awal J F.R.M. Nazmul Ahasan J Promoda Sundari Sen Kalyan Trust………………Appellants Vs. Momtaz Zafar Ahmed and Others…………………..Respondent Judgment Fe..Category: Banking Law | Date: 9 Feb, 2011 | Hits: 2
Shah Alam (Md.) Vs. State and another, 2011, 40 CLC (HCD)
...., Chittagong, should not be quashed, 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 ......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......ion (Criminal Miscellaneous Jurisdiction) Present: Khondker Musa Khaled J Quazi Reza-ul-Hoque J Shah Alam (Md.)……………………......................Petitioner Vs. State and another……………………………………..Opposite-Parties Judgment February 6, ..Category: Banking Law | Date: 6 Feb, 2011 | Hits: 361
Sohrab Hossain (Md.) & others Vs. State & another, 2011, 40 CLC (HCD)
....ccused-petitioners who on receipt of the notice took back the cheque on 24-3-2009 and then accused Nos.1 and 2 gave the cheque described in the schedule to the petition of complaint and this cheque also was dishonoured on 6-9-2009 for insufficient fund having been presented on the same date of issue...... on demand or otherwise and withdrawable by cheque, draft, order or otherwise, and includes any Post Office Savings Bank; As per section 7 of the Act the maker of a bill or exchange or cheque is called the "Drawer", the person thereby directed to pay the "Drawee" and the per......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 ......gned 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 or further order or orders as to this Court may seem fit and proper. 2. ..Category: Others | Date: 3 Feb, 2011 | Hits: 4
Shamsunnur Rahman Vs. State, 2011, 40 CLC (HCD)
....harge 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 for issuing upon the charge sheeted witnesses, which was kept with the record by the Tribunal...... 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 ........................................Respondent Judgment January 31, 2011. Lawyers Involved: MA Shahid Choudhury, Advocate-For the Appellant. Md. Moniruzzaman, Assistant Attorney-General and Kazi Mahmudid Karim, Assistant Attorney-General-For the Respondent. Criminal Appeal Order No..Category: Women and Children | Date: 31 Jan, 2011 | Hits: 127
Mosharraf Hossain (Md.) and others Vs. Akhtar Hossain, 2011, 40 CLC (HCD)
....ugned judgment and decree require interference. 6. Mr. Abdul Quayum, learned Advocate, appearing for the respondent, on the other hand, submits that, entire case having relied on oral gift and also that the letter as has been sent by defendant No.1 qualifying the oral gift as genuine and since ......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......in: 63 DLR (HCD) (2011) 218...Category: Property Law | Date: 27 Jan, 2011 | Hits: 95
Md.Hasanul Islam Hanif Vs. State, 2011, 40 CLC (HCD)
....................Opposite-Party Judgment January 26, 2011. Result: The Rule is made. In view of section 134 of the Evidence Act, conviction can be based on the testimony of a solitary witness and it is not necessary to seek corroboration always from independent sources. Adve......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......pposite-Party Judgment January 26, 2011. Result: The Rule is made. In view of section 134 of the Evidence Act, conviction can be based on the testimony of a solitary witness and it is not necessary to seek corroboration always from independent sources. Adverse presumption u..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)
....naction of a functionary of the state or of a local authority is not open to challenge under writ jurisdiction, unless it comes within the scope of article 102 of the constitution. No relief has been sought against Bangladesh Bank in respect of its inaction and a direction has been sought, instead, ...... 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: ......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...... Ed. This Case is also Reported in: ..Category: Banking Law | Date: 26 Jan, 2011 | Hits: 185
....HCD) (2013) 290.
......ting in several suicides by the victim girls, killing of their relatives or other people who try to protect the victims from any attempt by the perpetrators of such menace. The sordid incidents of so called “eve teasing” have been taking place with numerous frequency all over the country......ns to be taken in the light of the directives/guidelines hereinabove.
Md. Imman Ali J. - I agree.
Ed.
This Case is also Reported in: 31 BLD (HCD) (2011) 324, 18 BLC (HCD) (2013) 290.
......llip;…………………Petitioner
Vs.
Government of Bangladesh, represented by the Cabinet Secretary of Cabinet Division, Bangladesh Secretariat, Dhaka and others……………………………&h..
Category: Women and Children | Date: 26 Jan, 2011 | Hits: 246
Mahbub Ahmed Chowdhury Vs. Chief Election Commissioner and others, 2011, 40 CLC (AD)
....rd 'amendment' will include any alteration or change for improving or creating any law or any other instrument or pleadings with special reference to court cases. . . Amendment' is a change in some of the existing provisions of a statute . . . a law is amended when it is in whole or in part ......otes cast in the constituencies in which it's candidates took part in any of the aforesaid parliamentary elections; or (iii) established a functional central office, by whatever name it may be called, with a central committee and district offices in at least ten administrative districts and......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. ...... (Civil) Present: ABM Khairul Haque CJ Md. Muzammel Hossain J SK Sinha J Mahbub Ahmed Chowdhury.......................Petitioner Vs. Chief Election Commissioner and others..........Respondents Judgment January 23, 2011. Result: Civil Petit..Category: Constitutional Law | Date: 23 Jan, 2011 | Hits: 11
StateVs. Noor Islam and others, 2011, 40 CLC (HCD)
....sion (Criminal) Present: Afzal Hossain Ahmed J Md. Emdadul Haque Azad J State...........................Petitioner Vs. Noor Islam and others.........................Condemned-prisoners Noor Islam & others............Appellants Vs. The State..............................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......CD) (2011) 141...Category: Women and Children | Date: 13 Jan, 2011 | Hits: 195
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