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Sheikh Md. Nurul Haque Vs. State and another, 2009, 38 CLC (HCD)
....omplaint before the Court of Chief Metropolitan Magistrate, Khulna Contending, inter alia, that the complainant was a business man maintaining business for long time with reputation that on the other hand, the accused petitioner used to purchase goods (construction materials) from him by cash or b......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. ..Category: Banking Law | Date: 26 May, 2009 | Hits: 663
Bangladesh National Women Lawyers Association (BNWLA) Vs. Bangladesh and Others, 2009, 38 CLC (HCD)
....sexual harassment by the manager and one of the supervisors of the factory. The supervisor would touch her shoulder and back while passing by her station. At times, he would bend over her and put his hand on her shoulder and try to reach her bosom. Golapi had no where to go as the manager himself wa......inee was raped by the supervisor. Both incidents took place in mid-1990s before the adoption of the sexual harassment policy but upon complaints both supervisors lost their jobs. However, it is to be noted that even after the adoption of the policy between 1997 and 2002 as many as five rape cases ha..Category: Women and Children | Date: 14 May, 2009 | Hits: 330
State Vs. Anjali Debi alias Monju Debi, 2009, 38 CLC (HCD)
.... judgment is backed by emotion, not by reasoning, as such, the impugned judgment is liable to be set aside. 5. Mr. Md. Masud Hasan Chowdhury, the learned Assistant Attorney-General, on the other hand, submits that, trafficking of children having been proved against the condemned prisoner, only ...... conviction and sentence as passed by the learned Judge, was passed legally. 6. We will consider the judgment of the learned Judge after we consider the depositions of the witnesses. It is to be noted here that the informant was examined by the prosecution after prosecution examined four other ..Category: Women and Children | Date: 5 May, 2009 | Hits: 75
Sirajul Islam (Md) Vs. Tauhid Uddin Ahmed & another, 2009, 38 CLC (HCD)
....uch, the proceeding against the accused petitioner is abuse of the process and is liable to be quashed. 6. Mr. Yusuf Hossain Humayun, the learned Advocate for the opposite party No.1, on the other hand, submits that notice was served through registered post with AD which was not denied by the acc......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. ..Category: Banking Law | Date: 4 May, 2009 | Hits: 280
Zahed Hossain (Md.) Vs. State and another, 2009, 38 CLC (HCD)
.... 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 other hand, submits that the accused-petitioner issued 8 (eight) cheques in favor of the opposite party No......tion stating that the instant case has been filed under section 138 of the Negotiable Instruments Act, 1881; that it is a special law which has been enacted for special purpose relating to promissory notes, bills of exchange and cheques. The matter falls under three subjects which will be guided by ..Category: Procedural Law | Date: 29 Apr, 2009 | Hits: 135
Md. Abdur Rashid & others Vs. Most. Amena Khatun and others, 2009, 38 CLC (HCD)
.... The Rule is discharged. Cases Referred to- Guru Charan Mondal and others Vs. Sree Bhaba Sindhu Sarkar and others, 1 EX File Plus (AD) 73. Lawyers Involved: Sasti Sarker with Khandaker Nozrul Islam- For the Petitioners. Md. Nurul Amin with Md. Amimul Ehsan- For Opposite ...... 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. ..Category: Property Law | Date: 13 Apr, 2009 | Hits: 2
Jaharlal Bandapadhya and others vs. Most. Begum Jahanara, 2009, 38 CLC (AD)
....e-petition. 6. The learned Advocate appearing for the petitioner, contended that the learned Single Judge of the High Court Division acted illegally in taking into consideration the opinion of the hand writing expert (P.W.1) in deciding the genuineness of the agreement dated 15.01.1971 for sale o......ourt Division. In such view of the matter we find not substance in this appeal. The appeal is dismissed without any order as to cost. Ed. This Case is also Reported in: VII ADC (2010) 155. ..Category: Property Law | Date: 13 Apr, 2009 | Hits: 74
Zahida Ahmed (Liza) Vs. Syed Noor Uddin Ahmed and another, 2009, 38 CLC (HCD)
.... paramount consideration and that the petitioner being the mother is entitled to his custody till she remarries. 10. Mr. Md. Ashraf Ali, learned Advocate for respondent Nos.1 and 2, on the other hand, submits that admittedly the child detenu is aged about ten years and that according to the Moh...... 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)
....al Procedure preferred by victim Nurun Nahar Auntu in Criminal Misc. Case No. 13454 of 2008 in which she was granted bail was quite inept and we have no option but to discharge the rule. On the other hand, while we consider that there are adequate materials before us (which we have discussed at leng......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. ..Category: Women and Children | Date: 12 Mar, 2009 | Hits: 23
Fahima Nasrin Vs. Government of Bangladesh and others, 2009, 38 CLC (HCD)
....he learned Judge does not say that the offender was to be sent to prison upon attaining the age of 18 years and, hence, that may not be read into the Court’s order. She submitted that, on the other hand, section 67 of the Act provides for discharge of any inmate of any certified institute or appro...... file the instant writ petition, thereby challenging its maintainability. We have already expressed our views with regard to the maintainability and locus standi of the petitioner. 23. We have to note with some considerable dismay that even after 35 years of the enactment of the Children Act, 19..Category: Women and Children | Date: 11 Feb, 2009 | Hits: 189
Sontosh Kumar Shaha Vs. Government of Bangladesh and others, 2009, 38 CLC (HCD)
....tmental proceeding being No.3 of 2000 and 4 of 2000 can not be sustained under the Constitutional guarantee as embodied under Article 27 of the Bangladesh Constitution. 9. On the other hand the learned Assistant Attorney General Mr. Md. Iqbal Hossain upon referring the endorsement হ......ondent No.2 and examined the same. It appears from the said record that the Registrar, Bangladesh Supreme Court, Respondent No.2 upon receiving the said letter dated 10.08.2000, initiated office note for the purpose of approval of the said proposal, enunciated in Annexure N(1) and obt..Category: Administrative Law, Constitutional Law | Date: 5 Feb, 2009 | Hits: 2
Dr. Shipra Chaudhury and another Vs. Government of Bangladesh and others, 2009, 38 CLC (HCD)
.... Court of England is annexed to this order. The Police Commissioner, Dhaka is directed to ensure her safe journey to the British High Commission. A Court Keeper of this Court is directed to handover the detenu to the British High Commission. The detenu also stated her versio......tions and apply the same to a given case when there is no inconsistency between the international norms and the domestic law occupying the field." 31. In this connection, it is important to note that the parents, of course, have the right to advise their children but they must not treat th..Category: Women and Children | Date: 19 Jan, 2009 | Hits: 10
....ound of locus standi etc. on extraneous
consideration which resulted in an error occasioning failure of justice.
20. Mr. TH Khan, learned Senior Advocate
for said opposite parties on the other hand, took me through the record of long
protracted litigations they had to face after the decree p...... Nos. 1 to 4 and also the prayer of petitioner for permission to appeal
against the ex parte decree dated
29-5-86 as next friend of the deity that may be made by the petitioner.
45. It must be noted by everyone that
whatever I have expressed hereinabove touching the merits of the case includ..
Category: Hindu Law | Date: 18 Dec, 2008 | Hits: 22
Nazimuddin (Md.) Chairman Vs. Government of Bangladesh, 2008, 37 CLC (HCD)
.... is coram non judice. 10. Mr. MA Aziz Khan, the learned Advocate, appearing on behalf of the respondent No. 2, the Anti-Corruption Commission, by filing an affidavit in- opposition, on the other hand, vehemently opposes the Rule by submitting that the submissions of the learned Counsel for the ...... 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
MM Ali Ispahani Vs. MM Ispahani Ltd., 2008, 37 CLC (HCD)
....to 1971 and who, seeing no prospect of his return to this country in the post-1971 period, is said to have gifted all his shares prior to 1971 to the Hussainia Trust. To that end MAHI is said to have handed over all his shares scrips to MAI who was both a founder trustee of the Hussainia Trust and a......ber 1971 led to the Company and most of its sister companies to be taken over by the Government of Bangladesh as abandoned properties in early-1972 under President’s Order No. 16 of 1972. It is noted that the Company itself was released from its abandoned status in 1974. It is shown that in th..Category: Company Law | Date: 4 Dec, 2008 | Hits: 505
Abul Kashem (Md.) Vs. Government of Bangladesh and others, 2008, 37 CLC (HCD)
....olutely in accordance with law. 8. Mr. Md. Abdul Samad Kamal, the learned Deputy Attorney-General, appearing with Mrs. Nowazish Ara Begum, the learned Assistant Attorney-General, on the other hand, by filing affidavits-in-opposition in all the petitions on behalf of the respondent No. 2, op......ithout any order as to cost. The order of stay granted earlier by this Court is hereby vacated and recalled. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 249. ..Category: Others | Date: 27 Nov, 2008 | Hits: 4
Habibur Rahman Molla Vs. State, 2008, 37 CLC (HCD)
....in the prescribed period of 60 days as contemplated in section 6A of the Criminal Law Amendment Act, 1958, on that score as well, the impugned proceeding is liable to be quashed. 7. On the other hand, Mr. Md. Khurshid Alam Khan, the learned Advocate appearing on behalf of the ACC, opposite part......eport is merely a "mechanical sanction" which in the eye of law is no "sanction", at all, and is quite insufficient to prosecute any person for commission of the schedule offence, noted above. In support of his contention, the learned Advocate has referred a decision of the case ..Category: Anti-Corruption Laws | Date: 20 Nov, 2008 | Hits: 157
Abdul Hai (Md.) Vs. Bangladesh and others, 2008, 37 CLC (HCD)
....ned high standard of professionalism and also good performance certificate and good name from the BDR authorities. While the writ petitioner was posted at Rangpur Sector Head Quarter, he was suddenly handed over a certificate of discharge from Service on 1-10-2001 informing him that he has been made......y his all retirement benefits as he is entitled under the law prevailing up to date. However, there shall be no order as to costs. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 485. ..Category: Employment/Service Law | Date: 18 Nov, 2008 | Hits: 33
....eir names are accordingly liable to be
struck out from the array of the defendants in each of the plaints. In this
regard, the Applicants seek to establish that in so being included as parties
the hands of the two P&I clubs have in a sense been forced in such a way by
the plaintiffs in these......128 of the Act of 1872, but
uncompromisingly so undeterred by the fact that the true extent of a surety's
obligations may ostensibly appear to be marked by a certain degree of severity.
This Court notes that such apparent severity has to do with the concept of immediacy
that attaches to the sure..
Category: Admiralty Law or Maritime Law | Date: 26 Oct, 2008 | Hits: 17
Taj Nahar Begum Vs. Government of Bangladesh and others, 2008, 37 CLC (HCD)
.... Act, 1974 and that, as such, there is no scope for initiation of such a proceeding. 5. Mr. Razik-al-Jalil, learned Deputy Attorney-General appearing on behalf of respondent No.1, on the other hand, submits that the detenu committed murder in Kuwait as evidenced by his confessional statemen......ias Sabid Miah, of Village Miapur, PS Sonaimuri, District Noakhali be set at liberty forthwith if not wanted in any other connection. Ed. This Case is also Reported in: 13 BLC (HCD) (2008) 843. ..Category: Criminal Law | Date: 20 Aug, 2008 | Hits: 20
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