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Sheikh Md. Nurul Haque Vs. State and anothÂer, 2009, 38 CLC (HCD)
....eedings in Case No.451 of 2005 under section 138 of the Negotiable Instruments Act, 1881 now pending in the Court of the learned Metropolitan Magistrate, Khulna should not be quashed. 2. Necessary facts for the purpose of disÂposal of the Rule, in short, is that, on 26-05-2005 the Complainant op......reme Court High Court Division (Criminal) Present: Siddiqur Rahman Miah J Md. Ataur Rahman Khan J Sheikh Md. Nurul Haque…………………………Petitioner Vs. The State and anothÂer…………………………Opposite Parties Judgment May 26, 2009. Result: ...... 561A Non disclosure of the date of receipt of notice under secÂtion 138 (1) (b) of the Negotiable Instruments Act is a question of fact which will be decided at the time of trial after takÂing evidence and thus non-disclosure of date of receipt of notice and consequently the failure to disclo..Category: Banking Law | Date: 26 May, 2009 | Hits: 663
Ehtesamur Rahman Vs. The State & Others, 2009, 38 CLC (HCD)
....7.2006 passed by the Metropolitan Magistrate, Dhaka in Motijheel P.S. Non-F.I.R. Case No.77 of 2001 under section 145 of the Code of Criminal Procedure should not be set aside. 2. The short facts relevant for the purpose of the case are that Major Shawkat Ali Khan on behalf of Directorate ......ded with cases on the plea that the higher court has also concurrent jurisdiction to try the same case………(12) Cases Referred to- Alhaj Rahimuddin Shah Vs. Sirajul Islam and others, 37 DLR 316; Shafiqur Rahman and others Vs. Nurul Islam Chowdhury, 35 DLR (AD) 127. ......formation and necessary action. Ed. This Case is also Reported in: 29 BLD (HCD) (2009) 399. ..Category: Procedural Law | Date: 19 May, 2009 | Hits: 1
Bangladesh National Women Lawyers Association (BNWLA) Vs. Bangladesh and Others, 2009, 38 CLC (HCD)
....he women and girl children at work place, educational institutions/universities and other places wherever necessary which has been regularly reported in the media, public and other places. 2. The facts leading to the issuance of the Rule, in brief, are: Bangladesh National Women Lawyers Assoc......iginal Jurisdiction) Present: Syed Mahmud Hossain J Quamrul Islam Siddiqui J Bangladesh National Women Lawyers Association (BNWLA)...... the petitioner Vs. Government of Bangladesh and Others...... the respondents Judgment May 14, 2009. Cases Referred to- H.M. Ershad......nt can be seriously impaired when women are subjected to gender specific violence, such as sexual harassment at the workplace and educational institutions. 41. Sexual abuse is a global problem as evidenced by the discussions made below: In Micari V. Mann, 481 N.Y S. 2d 967 (Sup, Ct. 1984) a ..Category: Women and Children | Date: 14 May, 2009 | Hits: 330
State Vs. Anjali Debi alias Monju Debi, 2009, 38 CLC (HCD)
....sentence is a sentence which should be passed when the offence committed has not been compatible with any other sentence. Sentence is the judicial determination of a punishment to be inflicted on the facts of the given case. A Judge is sitting for doing justice; a Judge is not a butcher who sits onl......¦â€¦............................Appellant Vs. Anjali Debi alias Monju Debi………….Condemned Prisoner Judgment May 5, 2009. Result: The Death Reference is rejected and connected Criminal Appeal with the Jail Appeal is allowed. The Nari-o-Shishu Nirjata......death, which the learned Judge awarded against the condemned prisoner legally, as such, the judgment should not be set aside. The learned Assistant Attorney-General further submits that, it is in the evidence that condemned prisoner took the victim P.W. 6, while he was playing outside of his house a..Category: Women and Children | Date: 5 May, 2009 | Hits: 75
Sirajul Islam (Md) Vs. Tauhid Uddin Ahmed & another, 2009, 38 CLC (HCD)
....f 2006 under section 138 of the Negotiable Instruments Act, 1881 now pending in the court of the learned Metropolitan Assistant Sessions Judge, 5th Court, Dhaka should not be quashed. 2. Necessary facts for the purpose of disposal of the Rule, is that, the complainant Tauhid Uddin Ahmed, failed a...... Act against the accused petitioner Md. Sirajul Islam alleging, inter alia, that the complainant, Tauhid Uddin Ahmed, owes the accused petitioner Taka 3,00,000 (three lac) in connection with business and for the purpose of payment of the said dues, the accused petitioner gave a cheque on 4-10-2005 f......e time of trial, non-disclosure of such fact in the complaint petition cannot render the proceeding liable to be quashed to the great prejudice of the complainant who is entitled to prove his case on evidence." 18. In view of the decisions of our apex Court, we are of the view that non disclosure..Category: Banking Law | Date: 4 May, 2009 | Hits: 280
Zahed Hossain (Md.) Vs. State and another, 2009, 38 CLC (HCD)
.... under section 138 of the Negotiable Instruments Act, 1881, which is now pending in the Court of Additional Metropolitan Sessions Judge, 1st Court, Chittagong should not be quashed. 2. Necessary facts for the purpose of disposal of this Rule, that opposite party No. 2 Md. Rafiqul Alain as compl......ion (Criminal Miscellaneous Jurisdiction) Present: Siddiqur Rahman Miah J Md. Ataur Rahman Khan J Zahed Hossain (Md.) …………… Accused Petitioner Vs. State and another …………………………Opposite Parties Judgment April 29, 2009. R......e time of trial, non-disclosure of such fact in the complaint petition cannot render the proceeding liable to be quashed to the great prejudice of the complainant who is entitled to prove his case on evidence". In the case of Stalion Shocks Co. (P) Ltd Vs. Auto Tensions (P) Ltd, reported in Company ..Category: Procedural Law | Date: 29 Apr, 2009 | Hits: 135
Md. Alauddin Bepari Vs. Somola Khatoon & others, 2009, 38 CLC (HCD)
....ting the application under Order 7 Rule 11 of the Code of Civil Procedure is hereby set aside and the plaint of the suit is rejected. Ed. This Case is also Reported in: 14 MLR (HCD) (2009) 251. ......¦â€¦.Appellant Vs. Somola Khatoon & others……………………opposite parties Judgment April 21, 2009. Result: The Rule is made absolute. Case Referred to- M. Pentiah and others Vs. Muddala Veeramallappa and others, AIR, 1961 (SC) 1107. Lawyers Involved: Mahmud......ting the application under Order 7 Rule 11 of the Code of Civil Procedure is hereby set aside and the plaint of the suit is rejected. Ed. This Case is also Reported in: 14 MLR (HCD) (2009) 251. ..Category: Civil Law | Date: 21 Apr, 2009 | Hits: 91
Dr. M. A. Yahia Vs. Md. Abdul Quader and others, 2009, 38 CLC (AD)
....therefore, no substance, in the leave petition and the same is dismissed accordingly. Ed. Case is also Reported in: 14 MLR (AD) (2009) 235; 29 BLD (AD) (2009) 59; 14 BLC (AD) (2009) 109. ......ion (Civil) Present: MM Ruhul Amin CJ Md. Abdul Matin J Md. Abdul Aziz J Dr. M. A. Yahia.......................................Petitioner Vs. Md. Abdul Quader and others....................Respondents Judgment April 15, 2009. Result: The ......therefore, no substance, in the leave petition and the same is dismissed accordingly. Ed. Case is also Reported in: 14 MLR (AD) (2009) 235; 29 BLD (AD) (2009) 59; 14 BLC (AD) (2009) 109. ..Category: Property Law | Date: 15 Apr, 2009 | Hits: 36
Md. Abdur Rashid & others Vs. Most. Amena Khatun and others, 2009, 38 CLC (HCD)
....vely prove the truth of the contents of a documents yet the recitals in a document, admitted by the executants before the Registrar would create a rebuttable presumption as to correctness of the facts stated therein and the onus would lie upon the party alleging otherwise as there exists a gene......Ahmed J Md. Abdur Rashid & others……………………………………Petitioners Vs. Most. Amena Khatun and others…………………………Respondent......motive with intent to grab the suit land. 6. During trial 4 witnesses for the plaintiffs and 8 for the defendant were examined in the suit and both the parties also adduced documentary evidence in support of their respective cases. 7. The learned Assistant Judge, Mirpur, Kus..Category: Property Law | Date: 13 Apr, 2009 | Hits: 2
....nd 2950 of 2005 directing the respondent No.3 Chairman Nawabgonj Pourashava to allow the writ petitioner to join her office within 15 days on receiving the copy of the judgment and order.
2. The facts, in short, are that the respondent came to know about the vacancy for the post of Assistant Ta......
MM Ruhul Amin CJ
Abdul Matin J
Md. Abdul Aziz J
Chairman, Nawabgonj Pourashava represented by its Chairman……Petitioner (In both cases)
Vs.
Ms. Moyna Parvin and others................Respondents (In Civil Petition No. 2048 of 2008)
Muzlema Khatun and o......igh Court Division does not suffer from any illegality and we find no substance in this petition which is accordingly dismissed.
Ed.
This Case is also Reported in: 18 BLT (AD) (2010) 275.
..
Category: Others | Date: 13 Apr, 2009 | Hits: 125
Jaharlal Bandapadhya and others vs. Most. Begum Jahanara, 2009, 38 CLC (AD)
....risal in Title Appeal No.85 of 1995 affirming those of dated 08.04.1995 passed by the learned Subordinate Judge, 1st Court, Barisal in Title Suit No. 133 of 1971 decreeing the suit in part. 2. The facts, in short, are that the deceased Most. Begum Jahanara as the plaintiff filed the above mention......t any order as to cost. Ed. This Case is also Reported in: VII ADC (2010) 155. ......suit was directed. 7. The learned Advocate further contended that the High Court Division acted illegalÂly in not holding that the plaintiff-responÂdent did not produce adequate and concluÂsive evidence in respect of framing of issues in the suit and its decision in upholding the judgment of t..Category: Property Law | Date: 13 Apr, 2009 | Hits: 74
Abdus Sahid @ Shahid & others Vs. Anowara Begum & others, 2009, 38 CLC (HCD)
....ately, did not contest the suit. The plaintiff and the defendant Nos.1-4 adduced evidence in support of their respective claims and the learned Assistant Judge, Balaganj, on consideration of the facts circumstances and evidence adduced by the parties, dismissed the suit against which ......hellip;……………Opposite Parties Judgment April 9, 2009. Result: The Rule is discharged. Case Referred to- Ahejuddin Molla Vs. Hanufa Bibi and others, 26 D.L.R. (1974) 323. Lawyers Involved: Md. Faroque Ahmed with Anjuman-Ara Beg......ntested by the defendant Nos.1-4. Defendant Nos.1-12 and 14 appeared in the suit and filed written statement but, ultimately, did not contest the suit. The plaintiff and the defendant Nos.1-4 adduced evidence in support of their respective claims and the learned Assistant Judge, Balaganj, on co..Category: Property Law | Date: 9 Apr, 2009 | Hits: 2
Zahida Ahmed (Liza) Vs. Syed Noor Uddin Ahmed and another, 2009, 38 CLC (HCD)
....dy of the respondents should not be brought before this Court so that this Court may satisfy itself that he is not being held in custody without lawful authority or in an unlawful manner. 2. The facts leading to the issuance of the Rule, in brief, are: The petitioner was given in marriage to re...... Hossain J Quamrul Islam Siddique J Zahida Ahmed (Liza)……………………………Petitioner Vs. Syed Noor Uddin Ahmed and another……………………………&...... 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)
....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. ......t Vs. State ……………….................................Respondent Judgment March 12, 2009. Result: The Rule in Criminal Misc. Case No.13454 of 2008 is discharged and Criminal Appeal No. 6945 of 2008 is allowed. Ad interim bail in Nari-o-Shishu case ......onnection decision in the case of Jharna Rani Saha Vs. Khondaker Zayedul Hoque reported in 52 DLR (AD) 66 is most appropriate. It has been held by our Lordships of the Appellate Division that primary evidence being there that the girl is minor and that she is the victim of an offence it is right and..Category: Women and Children | Date: 12 Mar, 2009 | Hits: 23
Mohammad Mosharraf Hossain Vs. Golam Mohamad and another, 2009, 38 CLC (AD)
....cision and there is no illegality or infirmity in the above decision so as to call for any interference. The petition is dismissed. Ed. This Case is also Reported in: 19 BLT (AD) (2011) 239. ......l Amin CJ Mohammad Fazlul Karim J Md. Tafazzul Islam J Md. Joynul Abedin J Md. Abdul Matin J Mohammad Mosharraf Hossain…………………Petitioner (On bail) Vs. Golam Mohamad and another……………………Respondents Judgment February 26, 2009. Result: The p......cision and there is no illegality or infirmity in the above decision so as to call for any interference. The petition is dismissed. Ed. This Case is also Reported in: 19 BLT (AD) (2011) 239. ..Category: Banking Law | Date: 26 Feb, 2009 | Hits: 150
Fahima Nasrin Vs. Government of Bangladesh and others, 2009, 38 CLC (HCD)
.....1-8 to show cause as to why the detenu shall not be released and discharged on his attaining the age of 18 years in accordance with the provisions of section 67 of the Children Act, 1974. 2. The facts of the case, in brief, are that Md. Zahidul Hasan, alias Rony, henceforth referred to as Rony,......pecial Original Jurisdiction) Present: Md. Imman Ali J Sheikh Abdul Awal J Fahima Nasrin, daughter of Abul Hashem Mia........................Petitioner Vs. Government of Bangladesh and others..........................Respondents Judgment February 11, 2009. Result: The......the Judiciary. Let the lower Court records be transmitted at once along with a copy of this judgment. Sheikh Abdul Awal J. - I agree. This Case is also Reported in: 61 DLR (HCD) (2009) 232. ..Category: Women and Children | Date: 11 Feb, 2009 | Hits: 189
A. J. M. Helal & others Vs. Bangladesh and others, 2009, 38 CLC (HCD)
...., Writ Petition No.8333 of 2008, Writ Petition No.2463 & 2461 of 2008, Writ Petition No.5716 of 2008, Writ Petition No.3524 of 2008. Judgment Sheikh Abdul Awal J.-As common question of facts and law are involved in these writ petitions they are heard together and are being disposed of......lip;……………………………………………………Petitioner Vs. Bangladesh and others……………………………&h......nt, the cause of action starts 31st day onwards. The limitation to file a complaint as prescribed under section 142(b) of the Act is one month. On trial, both the parities are entitled to adduce evidence both oral and documentary. The trial Judge in deciding the case under the Act has..Category: Corporate Law | Date: 9 Feb, 2009 | Hits: 5
AJM Helal Vs. Bangladesh and others, 2009, 38 CLC (HCD)
....an Bhuiyan, Advocate — For Respondent No. 4. Writ Petition Nos. 3058, 6720, 6721, 5530, 8333, 2463, 2461, 5716 and 3524 of 2008. Judgment Sheikh Abdul Awal J. - As common question of facts and law are involved in these writ petitions they are heard together and are being disposed of...... High Court Division (Special Original Jurisdiction) Present: Md. Imman Ali J Sheikh Abdul Awal J AJM Helal…………....................Petitioner Vs. Bangladesh and others.........Respondents Judgment February 9, 2009. Result: These Rules ar...... amount, the cause of action starts 31st day onwards. The limitation to file a complaint as prescribed under section 142 (b) of the Act is one month. On trial, both the parties are entitled to adduce evidence both oral and documentary. The trial Judge in deciding the case under the Act has to consid..Category: Civil Law | Date: 9 Feb, 2009 | Hits: 45
Sontosh Kumar Shaha Vs. Government of Bangladesh and others, 2009, 38 CLC (HCD)
....able members of the General Administration Committee wrongly considered the said circular which is not effective in the case of the petitioner. 36. Upon meticulous examination of the entire facts and circumstances in respect of suspension, initiation of departmental proceeding along w...... Sontosh Kumar Shaha…………………………………………Petitioner Vs. Government of Bangladesh and others………………Respondents Judgment February 5......ithout any success. The said Inquiry officer without following the procedure and without giving the proper opportunity of being heard to the petitioner, held the enquiry and upon getting no evidence as to the allegation, as raised against the petitioner, submitted his report on 20.5.2..Category: Administrative Law, Constitutional Law | Date: 5 Feb, 2009 | Hits: 2
Subrata Majumder @ Liton Vs. State, 2009, 38 CLC (HCD)
....hishu Nirjatan Daman Tribunal, Bagerhat who however is at liberty to cancel his bail if the privilege of bail is misused by him in future. Ed. This Case is also Reported in: 16 BLC (2011) 828. ......tted rape upon her, spread fire on her body caused her death. After recovery of the dead body her father lodged FIR with Rampal Police Station. During investigation of the case accused Moktar Hossain and Kamal Hossain Howlader made confessional statements recorded under section 164 of the Code of Cr...... not named in the FIR. He has been included in the charge-sheet as one of the accused only the basis of the confessional statement of co-accused Moktar Hossain and Kamal Hossain Howlader. There is no evidence besides the confessional stateÂment of those two co-accused to connect the appellant with ..Category: Women and Children | Date: 5 Feb, 2009 | Hits: 127
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