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....t Division
(Admiralty
Jurisdiction)
Present:
Syed
Refaat Ahmed J
United Edible Oils Ltd…………………plaintiff
Vs.
London Steam Ship Owners'
Mutual Insurance Association Ltd. and other(s) …………Defendants
Judgment
October 26, 2008.
Result:......
a P&I club there comes into being a policy of marine insurance relating to
that ship on the terms of the club's rules.
The rules of most, if at all, P&I clubs
contain what is commonly called "pay to be paid" provision. That is a
provision, capable of being expressed in a variety of ......endants in general,
and the defendant Nos. 1 and 2 in particular, submit their Written Statements
positively by 4-1-2009.
Ed.
This Case is also
Reported in: 61 DLR (HCD) (2009) 244. ......
(Admiralty
Jurisdiction)
Present:
Syed
Refaat Ahmed J
United Edible Oils Ltd…………………plaintiff
Vs.
London Steam Ship Owners'
Mutual Insurance Association Ltd. and other(s) …………Defendants
Judgment
October 26, 2008.
Result:
The
Appl..
Category: Admiralty Law or Maritime Law | Date: 26 Oct, 2008 | Hits: 17
Ayub Ali alias Mukul Vs. State, 2008, 37 CLC (HCD)
....li alias Mukul ……………..Accused Petitioner Vs. State ……………….......................Opposite Party Judgment 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 ...... 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.........Opposite Party Judgment 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 ..Category: Criminal Law | Date: 14 Aug, 2008 | Hits: 28
....bsp;
Vs.
Ministry of Home Affairs and Others.............. 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 molecu...... at his cost without knowing the actual costs for such test. Having gone through the Writ Petition, it is found that the petitioner did not pray for DNA test and as such, the order of the Court was uncalled for and made on misconception of law and fact. Neither respondent No. 4 nor his wife was at a......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......)
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.
Result:&nb..
Category: Women and Children | Date: 14 Aug, 2008 | Hits: 201
....n …………Petitioner
Vs.
Registrar, Joint Stock Companies and Firms
Dhaka and 6 others …………Respondents
Judgment
August 12, 2008.
Result:
The
Rule is made absolute.
The Companies Act, 1994 (Act No. 18 of 1994); section 193
Refusal by the Registrar o......pondent No. 2.
Writ
Petition No. 9278 of 2006.
Judgment
AFM
Abdur Rahman J. -
This Rules Nisi, issued on 27-9-2006, at the instance of the writ petitioner
AHM Kamruzzaman Khan, has called upon the respondent No.1, the Registrar, Joint
Stock Companies and Firms, to show cause as t......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.
......n
(Special
Original Jurisdiction)
Present:
AFM
Abdur Rahman J
SM
Emdadul Hoque J
AKM Kamruzzaman Khan …………Petitioner
Vs.
Registrar, Joint Stock Companies and Firms
Dhaka and 6 others …………Respondents
Judgment
August 12, 2008.
Resul..
Category: Company Law | Date: 12 Aug, 2008 | Hits: 18
Idrisur Rahman (Md) Vs. Bangladesh, 2008, 37 CLC (HCD)
....ip;…………………………………….Respondents Judgment August 7, 2008. Result: The Rule is made absolute in part. Cases Referred to- Secretary, Ministry of Finance vs. Masdar Hossain 52 DL...... negates all notions of the independence of judiciary and, as such, is void and ultra vires the Constitution. 19. Requirement of convening meeting of the Commission, if requested to do so by so-called appropriate authority for selection of names, the Chief Justice has clearly been made subserv......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. ...... Ahsanullah vs. Bangladesh 44 DLR 179; Venkata Reddy vs. Andhra Pradesh: AIR 1985 SC 724; Nagraj vs. Andhra Pradesh: AIR 1985 SC 551 A K Roy vs. India: AIR 1982 SC 710, 725, Peergada Kazi Shariatulla and others vs. Bangladesh in Writ Petition No. 2207 of 2008; M Shamsul Huque and others vs. Banglade..Category: Constitutional Law | Date: 7 Aug, 2008 | Hits: 236
Mohammad Nasim Vs. State and another, 2008, 37 CLC (HCD)
.... convicting the accused-appellant under Section 26(2) of the Anti-Corruption Commission Act, 2004 and Rule 15 Gha (5) of the Emergency Powers Rules, 2007 and sentencing him to suffer simple imprisonment for 3(three) years and also convicted him under Section 27(1) of the Anti-Corruption Commis......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......sent: Md. Muzammel Hossain J Syed AB Mahmudul Huq J Mohammad Nasim……………………………………………………………………….Appellant Vs. The State and another…………………………………………………………………Respondents ..Category: Criminal Law | Date: 6 Aug, 2008 | Hits: 4
....tioner
Vs.
Jalalabad Co-Operative Housing Society Limited and others………….Opposite Parties
Judgment
August 5, 2008.
Result:
The Rule is made absolute.
Cases Referred to-
Md. Afazuddin Vs. Moyezuddin Shaikh being dead his heirs T...... 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......Md. Dabirush-Shan J
S.M. Mohiuddin Hossain…………………………Petitioner
Vs.
Jalalabad Co-Operative Housing Society Limited and others………….Opposite Parties
Judgment
August 5, 2008.
..
Category: Civil Law, Property Law | Date: 5 Aug, 2008 | Hits: 4
Md. Mafizur Rahman Tutu and others Vs. State, 2008, 37 CLC (HCD)
....scrutiny of the provisions 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 offen......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...... 7 LG (HCD) (2010) 78, 29 BLD (HCD) (2009) 30. ..Category: Criminal Law | Date: 31 Jul, 2008 | Hits: 92
Motahera Begum and others Vs. Abdul Monaf and others, 2008, 37 CLC (HCD)
....s being unable to pay rent surrendered khas possession of the said land in favour of Zaminder. The Zaminder took the land in khas possession and settled a portion of the land in favour of the predecessor of the defendant Nos.1-4, the predecessor of the defendant Nos.12, 13-21, the defendant No.......suit. Therefore the lower appellate court is absolutely right and justified in allowing the appeal and thereby reversing the judgment and decree passed by the trial court and hence no interference is called for by this court. 11. By now the settled principle of law in exercising the revisional ......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......is also Reported in: 29 BLD (HCD) (2009) 402. ..Category: Property Law | Date: 30 Jul, 2008 | Hits: 2
Md. Karamot Ali Alias Rafique Alias Rafiqul Islam Vs. The State, 2008, 37 CLC (HCD)
....onding to 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 m...... has been left for our consideration whether the impugned judgment and order of conviction and sentence is an abuse of the process of court or it for securing ends of justice our interference is called for. 21. In the instant rule, it appears from the impugned judgment and order that the l......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...... the Code of Criminal Procedure was issued at the instance 6f convict petitioner Md. Karamot Ali alias Rafique alias Rafiqul Islam calling upon the opposite party to show cause as to why the judgment and order dated 22.10.2006 passed by the learned Judge of the Special Tribunal No.1, Kushtia in Spec..Category: Criminal Law | Date: 30 Jul, 2008 | Hits: 5
State Vs. Metropolitan Police Commissioner, Khulna and others, 2008, 37 CLC (HCD)
....he exception in unavoidable scenarios. 5. In dealing with the child, its custody, care, protection and wellbeing, the views of the child, its parents, guardians, extended family members as well as social welfare agencies must be considered. 6. Where the best interests of the child demands its ......y the Department of Social Services. With the above observations and directions the Rule is disposed of. Md. Emdadul Huq J. - I agree. This Case is also Reported in: 60 DLR (HCD) 660. ......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 ......pecial Original Jurisdiction) Present: Md. Imman Ali J Md. Emdadul Huq J The State.......................................Petitioner Vs. The Metropolitan Police Commissioner, Khulna and others..............Respondents Judgment July 22, 2008. Result: The Rule is disposed..Category: Women and Children | Date: 22 Jul, 2008 | Hits: 147
Reckitt Benckiser (Bangladesh) Ltd. Vs. Oram Limited, Sale Centre, 2008, 37 CLC (HCD)
....p;………………………………….Opposite Party Judgment July 13, 2008. Result: The Rule is made absolute. Case Referred to- Punjab Ali Pramanik and others Vs. Mohd. Mokarram Hossain, 29 DL......r company. So, no error has been committed by the court below resulting in an error occasioning failure of justice in returning the application to the petitioner and, as such, no interference is called for by this court with the impugned order and the rule is liable to be discharged with costs....... of the either of the parties. The office is directed to send a copy of this judgment to the court below immediately. Ed. This Case is also Reported in: 29 BLD (HCD) (2009) 238. ......p;……………….Opposite Party Judgment July 13, 2008. Result: The Rule is made absolute. Case Referred to- Punjab Ali Pramanik and others Vs. Mohd. Mokarram Hossain, 29 DLR (SC) 185. Lawyers Involved: Rafique-ul-Huq w..Category: Alternative Dispute Resolution | Date: 13 Jul, 2008 | Hits: 18
Abdul Hannan Vs. State, 2008, 37 CLC (HCD)
....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…&hel......nce on any point and, as such, the impugned judgment calls for no interference by this Court. 13. In the face of arguments advanced by the learned Advocates of the contending parties, we are now called upon to scrutinise the material evidence on record in order to come to a proper decision in t......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......Confession 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 o..Category: Evidence Law | Date: 29 Jun, 2008 | Hits: 175
Khairul Amin and others Vs. Md. Saidul Hoque & another, 2008, 37 CLC (HCD)
....ders 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 as defendant and opposite party No.2 as perform defendant praying for......firmity 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. Accordingly, this Rule is discharged without any order as to costs. Ed. ...... 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...... is also Reported in: 61 DLR (HCD) (2009) 252. ..Category: Evidence Law | Date: 19 Jun, 2008 | Hits: 8
Shafiqul Islam (Md.) and others Vs. State, 2008, 37 CLC (HCD)
.... Shafiqul Islam (Md.) and others.................Accused-Petitioners Vs. State………….......Opposite Party Judgment June 19, 2008. Result: The Rule is made absolute in part. Case Referred to- Angur Vs. State, 1989 BLD 485 = 41 DLR 66. Lawyer......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......(2008) 915. ..Category: Criminal Law | Date: 19 Jun, 2008 | Hits: 2
Ahmed Hossain (Md.) and others Vs. Nasima Khatun and another, 2008, 37 CLC (HCD)
....ocedure. Subsequently, the complainant, again on 15-11-2006 filed a complaint being Nari-o-Shishu Case No.176 of 2006 before the Nari-o-Shishu Nirjatan Daman Tribunal, Thakurgaon and the same was also summarily rejected on 15-11-2006. Suppressing these facts the complainant filed the instant cas....... 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......d in: 13 BLC (HCD) (2008) 828. ..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)
....rticle 102 of the Constitution may not be entertained to circumvent a statutory procedure. There are, however, exceptions to the rule. Inspite of an alternative statutory remedy, an aggrieved person may take recourse to Article 102 of the Constitution where the vires of a statute or a statutor...... MR Hasan, Advocate - For the Petitioner. Md. Mozibur Rahman Miah, Advocate - For the Respondent No.2. Writ Petition No.699 of 2005. Judgment Sheikh Abdul Awal J.- This Rule called in question the legality of the ex parte judgment and decree dated 3-10-2004 (preliminary de...... 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......ion (Special Original Jurisdiction) Present: Zinat Ara J Sheikh Abdul Awal J City Bank Ltd…………………………Petitioner Vs. Artha Rin Adalat No.1 Dhaka and others………………………..Respondents Judgment June 17, 2008. Result: ..Category: Civil Law | Date: 17 Jun, 2008 | Hits: 7
Nadia Khalil Vs. Rudess Karim, 2008, 37 CLC (HCD)
.... Vs. Rudess Karim, Son of Rafiul Karim……………………………………………………….Opposite Party Judgment June 17, 2008. Result: The Rule is made absolute. The Family Courts Ordinance 1985 (Ordinance No. XVIII of 1985); section 16A ...... 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 ......) 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 others Vs. Mrs. Sharon La..Category: Family Law | Date: 17 Jun, 2008 | Hits: 19
State Vs. Ershad Sheikh, 2008, 37 CLC (HCD)
....vision (Criminal Appellate Jurisdiction) Present: AKM Fazlur Rahman J ATM Fazle Kabir J State…………………Appellant Vs. Ershad Sheikh……………………Condemned-Prisoner Judgment June 17, 2008. Result: The reference is rejected. The jail appeal i......ad altercation with the deceased. Thereafter the informant went out to work as a labourer. The deceased also went to the neighbouring house of Shahjahan Mia, wherefrom at about 11-00 AM the accused called and took her to the house of the informant and in the dwelling hut caused her death for dowry......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 ......f the Nari-o-Shishu Nirjatan Daman Tribunal, for confirmation of sentence of death awarded by him to condemned-prisoner Ershad Sheikh convicting him under section 11 (ka) of the Ain by the judgment and order dated 23-11-2004 passed in Nari-o-Shishu Case No.219 of 2004. 2. Against that judgment ..Category: Women and Children | Date: 17 Jun, 2008 | Hits: 157
AKM Nazimuddin Vs. Md. Delwar Hossain and others, 2008, 37 CLC (HCD)
.... aside and or pass such other or further order or orders as to this Court may seem fit and proper. 2. Facts relevant for disposal of the Rule are that admittedly the pre-emptor being a co-sharer sought pre-emption against the transfer made vide Kabala deed dated 27-3-2002 by the pre-emptee Nos....... Mahbubey Alam with Abul Kalam Chowdhury, Advocates - For Opposite-Party No.1. Civil Revision No.4817 of 2005. Judgment Shahidul Islam J.- By the Rule, the opposite party No.1 was called upon to show cause as to why the judgment and order dated 4-9-2005 passed in Miscellaneous Ap......mptee No.1 further contended that he constructed a homestead by spending huge amount of money and that the pre-emption as sought was not maintainable. 4. The learned Senior Assistant Judge being trial Court framed appropriate issues and both the parties adduced evidence in support of their...... Present: SAN Mominur Rahman J Shahidul Islam J AKM Nazimuddin………………………Petitioner Vs. Md. Delwar Hossain and others…………………………..Opposite..Category: Property Law | Date: 11 Jun, 2008 | Hits: 12
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