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....he order of DNA test passed by the High Court Division was misconceived. He also stated that the order so far as it related to DNA test of this Court should be recalled and vacated in the interest of justice.
18. We have so far stated about DNA test. But we should have an idea of what DNA m......of the child shall be the paramount consideration.”
25. The General Assembly of the United Nations adopted the International Convention of the Rights of the Child on November 20, 1989. The documents is a binding treaty to which 176 nations including Bangladesh became “state parties”. ..
Category: Women and Children | Date: 14 Aug, 2008 | Hits: 201
....to him under the provision of section
193 of the Companies Act, 1994.
However, there shall be no order as to
cost.
Ed.
This Case is also Reported in: 61 DLR (HCD) (2009) 226.
......t writ petition
and obtained the Rule.
7. The learned Advocate Nasim Khan, on the
merit of the case, strenuously argues that the Registrar of Joint Stock
Companies and Firms when received any document, which the company is required
to submit to him, under the provision of the Companies Act,..
Category: Company Law | Date: 12 Aug, 2008 | Hits: 18
Idrisur Rahman (Md) Vs. Bangladesh, 2008, 37 CLC (HCD)
....tate violating said Rules of Business. Moreover, serial No. 30, item No. 14 of Schedule I of the Rules of Business (allocation of business) provides that the matters relating to the administration of justice be dealt with by the Ministry of Law. 25. From this legal point of view, the Ministry ......lhet, 1981 BLD 132; Sargodha Bhera Bus Service Ltd vs. Province of West Pakistan 11 DLR (SC) 285; and Secretary, Ministry of Finance vs Md. Masdar Hossain 52 DLR (AD) 82. He also submitted voluminous documents and papers containing talks, speeches and writings of eminent jurists and judges on the ap..Category: Constitutional Law | Date: 7 Aug, 2008 | Hits: 236
Mohammad Nasim Vs. State and another, 2008, 37 CLC (HCD)
....the Lower Court Records. Considering the serious illness endangering life of the accused-appellant as evidenced by the reports of the duly constituted Medical Board we are of the view that ends of justice would be met if the accused-appellant be enlarged on bail. 15. In the result, the app......od of 4(four) months to the satisfaction of the learned Chief Metropolitan Magistrate, Dhaka. Communicate the order. Ed. This Case is also Reported in: 28 BLD (HCD) (2008) 483. ..Category: Criminal Law | Date: 6 Aug, 2008 | Hits: 4
....pellate court without referring the evidence on record and without considering the evidence on record and by misreading of the evidence came to a wrong and preposterous finding occasioning failure of justice which is liable to be interfered by this court. The learned Counsel finally submits tha...... and as such the suit is liable to be dismissed.
5. During the course of trial the learned Assistant Judge after concluding the trial and on consideration of the evidence on record both oral and documentary decreed the suit in favour of the plaintiff by his judgment and decree dated 29.08.1995 ..
Category: Civil Law, Property Law | Date: 5 Aug, 2008 | Hits: 4
Md. Karamot Ali Alias Rafique Alias Rafiqul Islam Vs. The State, 2008, 37 CLC (HCD)
....e Tribunal for a period of 7 years imprisonment against the convict petitioner is severe and harsh which is an abuse of the process of the court. Therefore, he submits that to secure the ends of justice the conviction and sentence is liable to be quashed. In support of the contention learn......oss-examination this P.W. stated that at the time of occurrence he was attached with the police station; This P.W. denied the defence suggestion that he did not examine any local people and seize any documents of the cycle. This P.W. further denied that he recorded the statements of the witnesses fi..Category: Criminal Law | Date: 30 Jul, 2008 | Hits: 5
State Vs. Metropolitan Police Commissioner, Khulna and others, 2008, 37 CLC (HCD)
....coming, but shall not do so where the release of the person shall bring him into association with any reputed criminal or expose him to moral danger or where his release would defeat the ends of justice.” It appears from the order sheet of the Court of the learned Chief Metropolitan Magist......ated 12.06.2008 along with copies of the order sheet of G.R. No. 559/2008, deposition of witnesses examined by him in the course of the inquiry to ascertain the age of Arifa and also other supporting documents in relation to the assessment of age. 4. The facts of the case, in brief, are that on 2..Category: Women and Children | Date: 22 Jul, 2008 | Hits: 147
Md. Abdul Jabber Biswas and others Vs. Aysha Khatoon and others, 2008, 37 CLC (HCD)
....oners submits that the courts below committed illegality in allowing the application for preemption being failed to find that the preemption proceeding is not maintainable which occasioned failure of justice. 8. Mr. Mozammel Hoque Bhuiyan, the learned appearing for the opposite parties opposed ......er Court's Records immediately. However, there is no order as to costs. Ed. This Case is also Reported in: 29 BLD (HCD) (2009) 28. ..Category: Property Law | Date: 21 Jul, 2008 | Hits: 3
Md. Abdul Jabber Biswas Vs. Aysha Khatoon and others, 2008, 37 CLC (HCD)
....oners submits that the courts below committed illegality in allowing the application for preemption being failed to find that the preemption proceeding is not maintainable which occasioned failure of justice. 8. Mr. Mozammel Hoque Bhuiyan, the learned appearing for the opposite parties opposed ...... the Lower Court's Records immediately. 13. However, there is no order as to costs. Ed. This Case is also Reported in: 29 BLD (HCD) (2009) 28. ..Category: Property Law, Tenancy Law | Date: 21 Jul, 2008 | Hits: 5
Reckitt Benckiser (Bangladesh) Ltd. Vs. Oram Limited, Sale Centre, 2008, 37 CLC (HCD)
....tered into between the petitioner and the opposite party an arbitral tribunal of 3(three) arbitrators was constituted. The arbitrators were (1) Mr. Justice Latifur Rahman, former chief justice of Bangladesh (2) Mr. Justice K.M. Hasan, another former chief justice of Bangladesh and (3)......er company is a subsidiary company of the U.K. entity rather than a fully independent company and that every step taken by the petitioner is determined by the Reckitt Benckiser PLC U.K. no paper/document has been filed to substantiate the said statements and to show further that any Board Meeti..Category: Alternative Dispute Resolution | Date: 13 Jul, 2008 | Hits: 18
Abdul Hannan Vs. State, 2008, 37 CLC (HCD)
....ession Before a confession can be accepted in evidence, it must be established by cogent evidence that what were the exact words used by the accused. Even if so much is established, prudence and justice demand that such evidence cannot be made the sole ground of conviction. It may be used only ......ajawar Hossain, the learned Advocate for the appellant, took us through the first information report, charge sheet, charge so framed, the deposition of the prosecution witnesses, impuged judgment and documents available in the paper book and submits that the appellant, Abdul Hannan is innocent and h..Category: Evidence Law | Date: 29 Jun, 2008 | Hits: 175
Khairul Amin and others Vs. Md. Saidul Hoque & another, 2008, 37 CLC (HCD)
....000 for the delay in the disposal of the suit. 1 therefore, find no illegality or infirmity in the impugned decision of the provisional Court resulting in erroneous decision occasioning failure of justice and interference under section 115(4) of the Code of Civil Procedure is not called for. ...... Code of Civil Procedure is not called for. Accordingly, this Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 252. ..Category: Evidence Law | Date: 19 Jun, 2008 | Hits: 8
Nadia Khalil Vs. Rudess Karim, 2008, 37 CLC (HCD)
....case, the learned judge must not rely upon un-proven allegation. Such an act of reliance on an unproven allegation for rejecting a prayer of a party of the litigation violates all norms of age old justice delivery system prevailing in human civilization. This reliance somehow amounts to indica......ppearance in the said appeal and filed an application praying for vacating the order of stay of the impugned order against which the father-appellant preferred written objection, along with some documents and also some photographs annexed to it, making aspersions on the character of the moth..Category: Family Law | Date: 17 Jun, 2008 | Hits: 19
Golam Md. Shiblee Vs. Second Labor Court, 2008, 37 CLC (HCD)
....d by the petitioner which is illegal and without lawful authority. He further submits that the Labors Court only can see whether the Inquiry Officer acted unfairly or against the principle of natural justice or did not follow the procedure laid down in sub-section (1) of section 18 of the Employment......terfere with the findings of the Labors Court. In the result, the Rule is discharged however, without any order as to cost. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 49. ..Category: Labour and Industrial Law | Date: 17 Jun, 2008 | Hits: 30
State Vs. Ershad Sheikh, 2008, 37 CLC (HCD)
.... was put on trial in the Nari-o-Shishu Nirjatan Daman Tribunal, Faridpur, where charge under section 11 (ka) of the Ain was framed against the accused, to which accused pleaded innocence and demanded justice. 5. The defence case as it appears from the trend of cross-examination of the prosecution......vidence recorded by the Tribunal. Send down the lower Court's records with a copy of this judgment for information and compliance. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 183. ..Category: Women and Children | Date: 17 Jun, 2008 | Hits: 157
AKM Nazimuddin Vs. Md. Delwar Hossain and others, 2008, 37 CLC (HCD)
....ng him to make deposit of the balance consideration money was liable to be allowed and the appellate Court has committed an error of law resulting in an error in the decision occasioning a failure of justice in rejecting the prayer for amendment. (ii) the pre-emptor being a co-sharer in respect......ned Senior Assistant Judge, Sadar Court, Noakhali, in hereby affirmed. Send down the lower Court's record immediately. Ed. This Case is also Reported in: 13 BLC (HCD) (2008) 868. ..Category: Property Law | Date: 11 Jun, 2008 | Hits: 12
Haji Nasirullah and another Vs. Government of Bangladesh and others, 2008, 37 CLC (HCD)
....ed. No order as to costs. The Rule issued in Writ Petition No.3071 of 2008 is discharged without any order as to costs. Ed. This Case is also Reported in: 29 BLD (HCD) (2009) 7. ......ed. No order as to costs. The Rule issued in Writ Petition No.3071 of 2008 is discharged without any order as to costs. Ed. This Case is also Reported in: 29 BLD (HCD) (2009) 7. ..Category: Property Law | Date: 8 Jun, 2008 | Hits: 11
Tasmima Hossain Vs. Anti-Corruption Commission and others, 2008, 37 CLC (HCD)
....le 102(2) of the Constitution and obtained the above Rule on 07.01.08, when no process of any Court was ever issued against her and it would be wrong to say that the petitioner was 'fugitive from justice' at the time. In support, he cited Shafiqul Islam Shimul (Md.) Vs. Bangladesh, (2004) 56......ents or information in writing in accordance therewith or submits any statement or information that appears to be baseless or false or he submits books, accounts, record, declaration or return or any document or any statement which is for appropriate reason considered to be baseless or false then he..Category: Anti-Corruption Laws, Criminal Law | Date: 8 Jun, 2008 | Hits: 7
Mst. Parvin Rahman Vs. Moniruzzaman and others, 2008, 37 CLC (AD)
.... Advocate for the complainant petitioner may take steps in the concern tribunal for their security in the Court and other places but on that ground it is not proper to transfer the case but old maxim justice should not only be done, but should manifestly and undoubtedly be seen to be done.’ The le......above, we find no substance in the submissions of the learned Advocate for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 16 BLT (AD) (2008) 311...Category: Women and Children | Date: 5 Jun, 2008 | Hits: 109
Mannan alias Mannan Khan (Md.) Vs. State, 2008, 37 CLC (HCD)
....dly, the learned Judge of the Tribunal failed to weigh and sift the evidence on record as required by law and evidently fell in an error in coming to his ultimate decision occasioning failure of justice. 10. Mr. Osman Gani, the learned Assistant Attorney-General appearing for the respon&sh......ing to Taka 1,00.716, for the purpose of creating artificial crisis and wrongful gain. On interrogation, the accused Abdul Mannan could not provide any satisfactory answer or could not show any valid documents. Thereafter SI Md. Anwar Hossain (P.W.12) seized those articles in presence of the witness..Category: Criminal Law | Date: 4 Jun, 2008 | Hits: 2
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