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Mosammat Kazi Shamsunnahar Vs. Md. Ramjan Molla and others, 2008, 37 CLC (HCD)
....ed in compliance with municipal law. Further the courts below properly sifted the deposition of the witnesses of both the sides and on proper reading and consideration of the materials on record rightly passed this judgment wherein I find no illegality. Though the courts below very rightly pass...... order dated 30.04.2000 passed by the learned Senior Assistant Judge, Munshiganj, in Pre-emption Miscellaneous Case No.35 of 1999 allowing the said Miscellaneous Case. 2. The facts involved for disposal of the rule are as follows: The opposite party No.1 as petitioner filed a Pre-empt......er reading and consideration of the materials on record rightly passed this judgment wherein I find no illegality. Though the courts below very rightly passed their judgments and decrees but for fair justice I would like to consider a fresh the monetary involvement for the petitioner-purch...... as petitioner filed a Pre-emption Case No.35 of 1999 before the learned Senior Assistant Judge, Munshiganj for pre-emption of the suit land against the purchaser petitioner and others. The trial court on conclusion of the hearing allowed the aforesaid miscellaneous case against which a mi..Category: Property Law | Date: 20 Nov, 2008 | Hits: 2
Habibur Rahman Molla Vs. State, 2008, 37 CLC (HCD)
....acated. Let a copy of this judgment and order along with the LCR be sent to the concerned Court at once. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 1, 29 BLD (HCD) (2009) 227. ......the concerned Court at once. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 1, 29 BLD (HCD) (2009) 227. ......n the form, quoted above. So the decision given on the basis of previous legislation referred by the learned Advocate for the accused petitioner has no manner of application in the present stage of affairs so far it relates to sanction under section 32(1) of the Anti-corruption Commission Ain, 2004.......ection 561A The application for quashment of the criminal proceeding under section 561A of the Code cannot be also entertained after the lapse of significant amount of time, e.g. at the stage of trial where evidence of 17 witnesses have already been recorded by the trial Court. Cases Refer..Category: Anti-Corruption Laws | Date: 20 Nov, 2008 | Hits: 157
Ziad Ali Gazi (Md.) Vs. State, 2008, 37 CLC (HCD)
.... satisfaction of the Special Tribunal No. 3, Satkhira before whom the case is pending for trial. Communicate the order at once. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 807. ...... No. 152 of 2008 arising out of GR No. 77 of 2008 (Kali) corresponding to Kaligonj Police Station Case No. 4 dated 7-6-2008, under section 25B(b) of the Special Powers Act, 1974, rejecting the prayer for bail of the accused-appellant now pending before the Special Tribunal No. 3, Satkhira for trial....... satisfaction of the Special Tribunal No. 3, Satkhira before whom the case is pending for trial. Communicate the order at once. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 807. ......…Respondent Judgment October 28, 2008. Result: The appeal is allowed. Even though the charge sheet was submitted, the charge was not framed and the completion of the trial is not likely to be soon. In such cases, bail can be granted ………….(8) Lawyers Invol..Category: Criminal Law | Date: 28 Oct, 2008 | Hits: 27
Ayub Ali alias Mukul Vs. State, 2008, 37 CLC (HCD)
.... in the Court of Magistrate, 1st Class. Cognizance Court No. 1, Munshiganj is hereby quashed. Communicate this Judgment at once. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 52. ...... August 14, 2008. Result: The Rule is made absolute. At the time of taking loan no promise as to return of money within a specified time was made and no allegation of inducement for getting the loan money from the informant was made. The accused petitioner took the money from t...... in the Court of Magistrate, 1st Class. Cognizance Court No. 1, Munshiganj is hereby quashed. Communicate this Judgment at once. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 52. ......appeared in the Court of Magistrate, 1st Class, Munshiganj and obtained bail. Ultimately, the case was transmitted to the Court of Magistrate, 1st Class and Cognizance Court No.1, Munshiganj for trial. 4. The accused-petitioner filed an application under section 241A of the Code of Crimina..Category: Criminal Law | Date: 14 Aug, 2008 | Hits: 28
.... the municipal legislation. However, the court can look into these conventions and covenants as an aid to interpretation of the provisions of the provisions of Part III, particularly to determine the rights implicit in the rights like the right to life and the right to liberty, but not enumerated in................. Respondents
Judgment
August 14, 2008.
Result:
The Rule and the supplementary Rule are made absolute.
Words and Phrases
DNA
DNA stands for ‘Deoxyribonucleic Acid’, a molecule that contains all of our genetic information. By examini......iction)
Present:
Syed Mahmud Hossain J
Farid Ahmed J
Bangladesh Jatiyo Mahila Ainjibi Samity (BJMAS)....... ....Petitioner
Vs.
Ministry of Home Affairs and Others.............. Respondents
Judgment
August 14, 2008.
Resu......started trafficking research, advocacy, providing shelter to victims of violence, repatriating victims of trafficking and illegal immigration. BJMAS is well known to the judiciary. The Courts holding trial frequently sent the victims of violence to stay in the shelter home of BJMAS. After reading th..
Category: Women and Children | Date: 14 Aug, 2008 | Hits: 201
....hip of the Board of Directors of the Company and, as
such, the same cannot be resolved by the Registrar under the provision of
section 193 of the Companies Act, 1994 and, as such, the Registrar has rightly
refused to interfere in the matter and advised the parties to resolve the same
through the......ustry as they were the seller of the denationalized and
privatized enterprise Ms. Kuliarchar Ground Nut Mills Limited. The writ
petitioner thereafter was elected as Managing Director of the Company for the
period until otherwise decided by the Board. On 7-10-2000 the Board of
Directors of the co......t or
the Registrar, or if after perusal of such information or explanation or
additional documents; the Registrar is of opinion that the document in question
discloses an unsatisfactory state of affairs, or that it does not disclose a
full, fair and true statement of the matters to which it purp......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.
..
Category: Company Law | Date: 12 Aug, 2008 | Hits: 18
Idrisur Rahman (Md) Vs. Bangladesh, 2008, 37 CLC (HCD)
....ledge of the persons who may be fit for appointment on the Bench and have qualities required for appointment and this last requirement is absolutely essential, it would go a long away in securing the right kind of judges, who would be truly independent and who would invest the judicial process with ......nce should not be declared to be void being ultra vires of Articles 7, 22, 94, 111 and 112 of the Constitution. 2. The Hon'ble Chief Justice by his order dated 18-6-08 constituted this Bench for hearing and disposal of the Rule. On 30-6-2008 when the Rule came up for hearing/ we issued a no...... the Supreme Court. 11. Section 3 of the Ordinance stipulates, the Commission will consist of nine members with the Chief Justice as Chairman and the Minister of Law, Justice and Parliamentary Affairs, two senior most Judges of the Appellate Division, Attorney-General, two members of Parliament......e involves substantial questions of law as to the interpretation of the Constitution, which may be decided by the Appellate Division. Ed. This Case is also Reported in: 60 DLR (2008) 714. ..Category: Constitutional Law | Date: 7 Aug, 2008 | Hits: 236
Mohammad Nasim Vs. State and another, 2008, 37 CLC (HCD)
....information. Mr. Islam also submits that after thorough examination and investigations the Medical Board diagnosed that the appellant has been suffering from: (1) Acute intracerebral haemorrhage in right thalamic and internal capsular (posterior limb) area with left sided hemiplegia (2) Hyperten......lant Vs. The State and another…………………………………………………………………Respondents Judgment August 6, 2008. Result: The application for bail is allowed. The Appellate Division in the case of ACC Vs. Barrister Mir Md. ......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. ......ted by the Medical Board it is upto this Hon'ble Court to peruse the same and decide the application in accordance with law. He finally submits that intention of the legislature is to conclude the trial within 90 days as there is no provision for granting bail under the Anti-Corruption Commissio..Category: Criminal Law | Date: 6 Aug, 2008 | Hits: 4
....f land it was found correct that there was a path way from North to South by the eastern side of the suit plot from the time of his predecessor Jafar Ahmed for public use. The defendants have no right title and interest and also possession in any manner in the suit land. The plaintiff took......y passed by the learned Senior Assistant Judge, 5th Court, Sadar, Chittagong in Other Suit No.121 of 1992 should not be set aside.
2. The petitioner being sole plaintiff instituted the suit for permanent injunction in the Court of Senior Assistant Judge, 5th Court, Sadar, Chittagong on 19....... time of issuance of the rule is hereby vacated.
The lower courts record be sent down at once with a copy of the judgment.
Ed.
This Case is also Reported in: 29 BLD (HCD) (2009) 135.
......and has substantially been increased due to the development made by the defendant, hence the plaintiff filed the suit 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..
Category: Civil Law, Property Law | Date: 5 Aug, 2008 | Hits: 4
Md. Mafizur Rahman Tutu and others Vs. State, 2008, 37 CLC (HCD)
....ance with law. Office is directed to communicate the order at once. Md. Abdul Quddus J.-I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 78, 29 BLD (HCD) (2009) 30. ...... The Rule is discharged. The Narcotics Control Act, 1990 (Act No. 20 of 1990); section 22(ga) The offences prescribed under the Narcotics Control Act, 1990 are cognizable offence and therefore, the Police has the wide power to investigate the offences under the Act in view of the provisi......ance with law. Office is directed to communicate the order at once. Md. Abdul Quddus J.-I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 78, 29 BLD (HCD) (2009) 30. ......ons of sections 38, 39 and 44 of the Act, it appears that the same are applicable only, when any authority or any individual of the Narcotics Control Directorate, arrest any person for the purpose of trial under this Act, but the power to investigate by the police of the offences punishable under th..Category: Criminal Law | Date: 31 Jul, 2008 | Hits: 92
Motahera Begum and others Vs. Abdul Monaf and others, 2008, 37 CLC (HCD)
....r scrutinizing and weighing the evidence on record and also perusing the papers and documents passed the judgment and decree which was absolutely correct and proper. The learned trial court rightly observed in his judgment that the Pattas did not specified the suit land as such the suit la......eing the suit should not be set aside. 2. The petitioner being plaintiffs instituted Other Suit No.45 of 1995 in the Court of the learned Senior Assistant Judge, Cox's Bazar praying a decree for declaration of title to the land measuring an area of 1.50 acres appertaining to R.S. Khati......ule is discharged without and order as to the costs. Lower Courts record be sent down at once with a copy of the judgment. Ed. This Case is also Reported in: 29 BLD (HCD) (2009) 402. ......ttle any land from that plot. The Government was not entitled to settle any land from that plot and with these averments the defendants claimed for dismissal of the suit. 4. During the course of trial the learned Senior Assistant Judge, Cox's Bazar on consideration of the evidence on record..Category: Property Law | Date: 30 Jul, 2008 | Hits: 2
Md. Karamot Ali Alias Rafique Alias Rafiqul Islam Vs. The State, 2008, 37 CLC (HCD)
....o evidence He submits that the prosecution proved the case by adducing the evidence as to recovery of alleged phensidyl from the possession of the convict-petitioner and, therefore, the Tribunal rightly passed impugned Judgment and order and, thus, rule is liable to be discharged. 11.......o Bheramara Police Station Case No.12 dated 20.01.2004 convicting the accused petitioner under section 25B(2) of the Special Powers Act, 1974 and sentencing him thereunder to suffer imprisonment for 7 years and to pay a fine of Taka 5000/- in default, to suffer imprisonment for 6 months mo......tion with any other case. 24. Send down LCR along with a copy of the judgment at once. Ed. This Case is also Reported in: 29 BLD (HCD) (2009) 250. ......tigation police submitted charge sheet in the case against the petitioner and another under section 25B(2) of the special powers Act, 1974. 4. The accused petitioner and another were put on trial before the special Tribunal No.1, Kushtia to answer the charge under section 25B(2) of the Spe..Category: Criminal Law | Date: 30 Jul, 2008 | Hits: 5
State Vs. Metropolitan Police Commissioner, Khulna and others, 2008, 37 CLC (HCD)
.... the Children Act. At the very first instance, the police officer dealing with the child has a responsibility to consider bail. If the offence alleged is bailable, then bail is to be granted as of right. Under section 48 of the Act, 1974, the officer has to consider bail even if the child is arre......urts as well as the other state departments, functionaries and agencies dealing with children, to keep in mind that the best interests of the child (accused or otherwise) must be considered first and foremost in dealing with all aspects concerning that child. 2. The parents of the children who ar....................................(26) Cases Referred To- Indian Supreme Court in People’s Union for Civil Liberties Vs. Union of India, 1997 SCC (Cri) 434; Minister for Immigration and Ethnic Affairs Vs. Teoh, (1995) 69 LJ 423, Hussain Muhammad Ershad Vs. Bangladesh 2001 BLD (AD)69=7 BLC ......lication for bail was filed, which was kept for hearing on 23.04.08. In such situation section 49(2) of the Act, 1974 is applicable, which provides as follows: “49. (2) A Court, on remanding for trial a child who is not released on bail, shall order him to be detained in a remand home ..Category: Women and Children | Date: 22 Jul, 2008 | Hits: 147
Abdul Hannan Vs. State, 2008, 37 CLC (HCD)
....ep on the left side of face. 4. One incised wound 3½" x ½" bone deep on the left side of face. 5. One incised wound 2½" x ½" bone deep on the right eye. 6. One incised wound 2½" x ¼" bone deep on the frontal regio......ge of the accused raises doubt about the genuineness of the extra-judicial confession………………………(42) Extra-judicial confession made before a person in authority cannot be relied upon as evidence without any independent corroboration&h......ing Hannan in the house of Kamaruddin, enquired about his father; that the accused Hannan told him firstly that the father of the informant went home and subsequently told that his father went to the fair at Golakandi along with his brother and that the accused Asabuddin and Baten went to that fair ......gment and documents available in the paper book and submits that the appellant, Abdul Hannan is innocent and he has been falsely implicated in this case out of previous enmity and suspicion; that the trial Court did not apply his judicial mind in analyzing the deposition of the P.W.s and that the le..Category: Evidence Law | Date: 29 Jun, 2008 | Hits: 175
Khairul Amin and others Vs. Md. Saidul Hoque & another, 2008, 37 CLC (HCD)
.... 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. ......1998 should not be set aside and or pass such or further order or orders as to this Court may seem fit and proper. 2. The opposite party No.1 as plaintiff instituted Other Suit No.2 of 1998 before the learned Assistant Judge, Sitakunda imp leading the predecessor of the present petitioner a...... 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. ...... handwriting of the defendant with his handwriting appearing on the deed of conveyance and his handwriting appearing on the written statement and Vokalatnama by the handwriting expert. 5. The trial Court found that the handwriting expert has already submitted a report which is on record and..Category: Evidence Law | Date: 19 Jun, 2008 | Hits: 8
Shafiqul Islam (Md.) and others Vs. State, 2008, 37 CLC (HCD)
....hey misuse the privilege of bail in any manner whatsoever. Office is directed to communicate the order at once. Ed. This Case is also Reported in: 13 BLC (HCD) (2008) 915. ......007 corresponding to GR Case No.440 of 2007 under sections 395, 397 of the Penal Code, pending in the Court of Sessions Judge, Thakurgaon. 2. The prosecution was launched by lodging a first information report on 14-2-2007 by Md. Tojammel Hoque, as informant with the Thakurgaon Police Statio......hey misuse the privilege of bail in any manner whatsoever. Office is directed to communicate the order at once. Ed. This Case is also Reported in: 13 BLC (HCD) (2008) 915. ......3. The Police after investigation, on 15-11-2007 submitted charge sheet accusing eight accused including the petitioners. 4. The case is now pending before the Sessions Judge, Thakurgaon, for trial. 5. Having unsuccessfully approached to the Sessions Judge for bail, the petitioners mov..Category: Criminal Law | Date: 19 Jun, 2008 | Hits: 2
Ahmed Hossain (Md.) and others Vs. Nasima Khatun and another, 2008, 37 CLC (HCD)
..... Accordingly, the accused appellants are discharged from the charge. Office is directed to communicate the order at once. Ed. This Case is also Reported in: 13 BLC (HCD) (2008) 828. ...... June 18, 2008. Result: The appeal is allowed. Cases Referred to- Managing Director, Rupali Bank Vs. Tafazal Hossain, 44 DLR (AD) 260; Wolverhampton New Waterworks Co. Vs. Hawkesford, 6 CBN 6.336; House of Lords in Nevile Vs. London Express Newspaper, 1991 AC 368; Jogesh Chandr....... Accordingly, the accused appellants are discharged from the charge. Office is directed to communicate the order at once. Ed. This Case is also Reported in: 13 BLC (HCD) (2008) 828. ......tion to the general rules of the law laid down, as applicable generally to all cases with which the general law deals. Thus, Criminal Procedure Code is a general law, regulating the procedure for the trial of Criminal cases generally, but if it lays down any bar in respect of special cases in specia..Category: Women and Children | Date: 18 Jun, 2008 | Hits: 28
City Bank Ltd. Vs. Artha Rin Adalat No.1 Dhaka and others, 2008, 37 CLC (HCD)
....ndent No.2 bank has included the mortgaged property in its plaint in violation of section 8(2) (kha) of the Ain. 9. Fourthly, he submits that the respondent No.2, plaintiff-bank, having no right to file a suit for foreclosure as permitted by section 67 of the TP Act, the Artho Rin Adalat......nder Article 102 of the Constitution does not lie against the judgment and decree whether ex parte or on contest passed by the Artha Rin Adalat since there being specific provision in the statute for filing appeal against such judgment and decree passed…………………………….(20) ......sult, the Rule is discharged without any order as to cost. The order of stay granted earlier by this Court stands vacated. Ed. This Case is also Reported in: 13 BLC (HCD) (2008) 911. ...... binding on the petitioner. Respondent No.2, Agrani Bank did not claim to have sent CIB report to Bangladesh Bank, vide their plaint nor the question of procuring CIB report was an issue before the trial Court in the suit filed by respondent No.2 (plaintiff-bank). This is a matter between the len..Category: Civil Law | Date: 17 Jun, 2008 | Hits: 7
Nadia Khalil Vs. Rudess Karim, 2008, 37 CLC (HCD)
....………………(38) Custody of a minor child In order to ascertaining the custody of a minor child the paramount consideration is the welfare of the child, apart from the legal rights of the father and mother………….(39) Cases Referred to- Abdul Jalil and othe...... Judgment June 17, 2008. Result: The Rule is made absolute. The Family Courts Ordinance 1985 (Ordinance No. XVIII of 1985); section 16A Condition precedent for invoking section 16A Section 16A of the Ordinance has empowered the family court to exer...... However, there shall be no order as to costs. Let a copy of the judgment be sent down to the courts below at once. Ed. This Case is also Reported in: 28 BLD (HCD) (2008) 599. ......y should not be vacated. The Senior Council Mr. Nazrul Islam strenuously argued that the learned District Judge while admitted that all those allegations are subjected to prove at the time of trial but on the next breath the learned District Judge relied on such aspersions and decided the ..Category: Family Law | Date: 17 Jun, 2008 | Hits: 19
State Vs. Ershad Sheikh, 2008, 37 CLC (HCD)
....ue, which may be sole basis of conviction of the accused. Thus the prosecution could prove the charge under section 11(ka) of the Ain against the accused beyond all shadow of doubt. The learned Judge rightly and legally convicted and sentenced the accused. There is no reason for interference with su......of Criminal Procedure read with section 29 of the Nari-o-Shishu Nirjatan Daman Ain, 2000 (hereinafter referred as the Ain) submitted by the learned Judge of the Nari-o-Shishu Nirjatan Daman Tribunal, for confirmation of sentence of death awarded by him to condemned-prisoner Ershad Sheikh convicting ......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. ......y the Magistrate under section 164 of the Code of Criminal Procedure. Police after investigation of the case submitted charge sheet under section 11(ka) of the Ain against the accused, who was put on trial in the Nari-o-Shishu Nirjatan Daman Tribunal, Faridpur, where charge under section 11 (ka) of ..Category: Women and Children | Date: 17 Jun, 2008 | Hits: 157
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