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State Vs. Secretary, Ministry of Home Affairs, 2010, 39 CLC (HCD)

....ned advocate, who brought the matter to our notice at the initial stage submitted before us that in spite of every effort taken to train police, judiciary and other personnel involved in the juvenile justice system, it appears that still there are police officers who are ignorant of the basic law of......rection that a copy be kept in the dossier of the two learned Magistrates concerned. Md. Abu Tariq J. - I agree. This Case is also Reported in: 16 MLR (AD) (2011) 254; 30 BLD (HCD) (2010) 265. ...... The Penal Code, 1860 (XLV of 1860); section 82 It is a tragedy that the law enforcing agencies are unaware of the fundamental laws of the country, namely s. 82 of the Penal Code, 1860. According to this section, any police personnel worthy of his badge cannot arrest a child below the age of nin......Dhaka and others....Respondents. Judgment March 1, 2010. Result: The Rule is disposed of with observations. The Penal Code, 1860 (XLV of 1860); section 82 It is a tragedy that the law enforcing agencies are unaware of the fundamental laws of the country, namely s. 82 of the Penal..

Category: Women and Children | Date: 1 Mar, 2010 | Hits: 177

Dr. Md. Nazimuddin and others Vs. Md. Abdur Rahman Siddique and others, 2010, 39 CLC (HCD)

....tand the purpose of promulgation of Bankruptcy Act, 1997 as well as its application. Both the Courts below have committed an error of law resulting an error in the decision occasioning a failure of justice in allowing application under section 33(1) of the Bankruptcy Act, 1997 in a proceeding wh......h the daily newspaper but non came forward to purchase. Ultimately the executing Court by order dated 27.10.2002 allowed the application of the petitioners for participating him in the auction and accordingly the petitioner purchased the auction and the petitioners were directed to deposit requi...... promulgation of Bankruptcy Act 1997, the Insolvency Act No.3 of 1909 and Insolvency Act No.5 of 1990 were repealed. This Bankruptcy Act is a special legislation and provides for special procedure to be followed for declaring a person (loanee) as insolvent / bankrupt and the said Act appears to ......t necessarily becomes retrospective unless it has been given retrospective effect by express terms or necessary intendment. There is no express provision giving retrospective effect of any existing law. Therefore, the Bankruptcy Act, 1997 is not a retrospective legislation but a prospective legi..

Category: Civil Law | Date: 25 Feb, 2010 | Hits: 7

Ayrin Akhter Lypi Vs. Bahadur Khan and another, 2010, 39 CLC (HCD)

....his judgment and order to the Court concerned for inf6rination and necessary action. Ed. This Case is also Reported in:19 BLT (HCD) (2011) 488; 15 MLR (HCD) (2010) 139; 30 BLD (HCD) (2010) 280. ......his judgment and order to the Court concerned for inf6rination and necessary action. Ed. This Case is also Reported in:19 BLT (HCD) (2011) 488; 15 MLR (HCD) (2010) 139; 30 BLD (HCD) (2010) 280. ......ite Parties Judgment January 27, 2010. Result: The Rule is made absolute. Although the law, as provided under Section 494 of the Code of Criminal Procedure, authorizes a Public Prosecutor to make a prayer to the Court for withdrawal of the case from prosecution but that is subject to......�……………………Petitioner Vs. Bahadur Khan and another………………….Opposite Parties Judgment January 27, 2010. Result: The Rule is made absolute. Although the law, as provided under Section 494 of the Code of Criminal Procedure, authorizes a Public Prosecutor..

Category: Women and Children | Date: 27 Jan, 2010 | Hits: 156

Mosammat Rehana Akhter Vs. Rizia Begum and others, 2010, 39 CLC (HCD)

....L.C. Records. The order of stay granted at the time of issuance of the rule is hereby vacated. Send down the L.C. Records immediately. Ed. This Case is also Reported in: 31 BLD (HCD) (2011) 422. ......he learned Advocate appearing on behalf of the petitioner submitted that the learned trial Court having considered the evidence and materials on record, held that the case is barred by limitation and accordingly dismissed the preemption case, but the learned appellate Court though found that the cas......Faruque-For the opposite parties. Civil Revision No.1702 of 2007. Judgment Faruque Ahmed J. - This rule at the instance of the pre-emptee petitioner was issued calling upon the opposite party No.1 to show cause as to why the impugned judgment and order dated 04.04.2007 passed by the learned Joint...... destroys a co-sharer’s statutory right of pre-emption, cannot be examined by the Court in a pre-emption proceeding in order to be satisfied that prima-facie the order was passed in accordance with law, that is to say, whether the mandatory provisions of section 117(e) of the E.B.S.A. and Tenancy ..

Category: Property Law | Date: 13 Jan, 2010 | Hits: 56

Farida Begum Minu and others Vs. Abdul Jabbar being dead his heirs Md. Nurul Amin and others, 2010, 39 CLC (HCD)

....he order of stay granted at the time of issuance of the rule is hereby vacated. Send down the L.C. Records immediately. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 424. ......rdingly dismissed the appeal. 10. Thus it shows that though the learned trial Court gave finding regarding title, possession and dispossession as alleged by the plaintiffs and decreed the suit accordingly, but the learned appellate Court though found title of the plaintiffs in the suit land ......site Party Judgment January 6, 2010. Result: The rule is discharged. In a suit for declaration of title and recovery of possession, the plaintiff must prove his title to and possession and dispossession from the suit land. .....................(11) Cases Referre......n place of plot No.138, but no finding about possession of the plaintiffs in the suit land and their dispossession by the defendants as alleged has been given. 11. The established principle of law is that, in a suit for declaration of title and recovery of possession, the plaintiff must pro..

Category: Property Law | Date: 6 Jan, 2010 | Hits: 8

Nuvista Pharma Limited Vs. Chairman, National Board of Revenue & ors, 2010, 39 CLC (AD)

....der. In the premises we do not find any merit in the leave petition. In the result, the leave petition is dismissed. Ed. This Case is also Reported in: 65 DLR (AD) (2013) 302. ......ny from Organon (Bangladesh) Limited to Nuvista Pharma Limited. The petitioner company was previously running their business with VAT Registration in the name of Organon (Bangladesh) Limited and accordingly they obtained the VAT Registration Certificate in the name of Organon (Bangladesh) Limi........Petitioner Vs. Chairman, National Board of Revenue & ors......Respondents Judgment January 4, 2010. Result: The leave petition is dismissed. Cases Referred to- Injunction on the Bank Guarantee cannot sustain in view of the decision of the Uttara Bank...... the Value Added Tax Act, 1991 and they are illegally claiming the additional VAT in violation of section 55 of the aforesaid Act. The claim of additional VAT against the petitioner is illegal, unlawful and arbitrary and the respondent's claim for payment of additional VAT cannot sustain in law..

Category: Business or Commercial Law | Date: 4 Jan, 2010 | Hits: 4

Paresh Chandra Biswas Vs. Sree Sree Shashan Kalimata Idol and others, 2009, 38 CLC (HCD)

....he result, the appeal is dismissed with costs. The connected Rule is discharged. Send down the lower Court records at once. Ed. This Case is also Reported in:61 DLR (HCD) (2009) 679. ......alipuja since he is not the believer of the said rites. 19. The Nitisara tells us "neither through colour, nor through ancestors can the spirit worthy of a Brahman be generated." Thus, according to it, caste division should not be by birth, but by capacity. Again, it says" in mak......p;…...Respondents Judgment February 16, 2009. Result: The appeal is dismissed with costs and connected Rule is discharged. A religious endowment which is known as Debuttor and which arises on dedication or gift of property to an idol, a Debuttor is managed and adminis......lip;……………………(13) The relation of a Shebait in regard to the debuttor property is not that of a trustee to trust property under the English law. In English Law, the legal estate in the trust property vests in the trustee who holds it for th..

Category: Others, Property Law | Date: 16 Dec, 2009 | Hits: 94

Nirmal Chandra Shaha Vs. The State and others, 2009, 38 CLC (HCD)

....liance to the Registrar of this Court. With the above directions and observations, the appeal is allowed. Naima Haider J. - I agree. This Case is also Reported in: 30 BLD (HCD) (2010) 584. ......rapadh Abasan Kendra, Farhadabad, Hathazari, Chittagong. 5. When the matter was taken up for hearing Mr. Humayun Hossain Khan, learned advocate appearing on behalf of the appellant submitted that according to the school record and the S.S.C. record, the victim was born on 01.04.1993 and she was,......3, Allahabad 480. Lawyers Involved: Humayun Hossain Khan, Senior Advocate with Md. Shahjahan, Advocate, Apeal Uddin, Advocate-For the Informant-appellant. Md. Motaher Hossain, Deputy Attorney General with Md. Soyeb Khan, Assistant Attorney General, Md. Bashir Ullah, Assistant Attorney...... that she voluntarily left home on 15.03.2009 with the man of her choice and married him on 17.03.2009, she further stated that she was willing to be placed in the custody of her husband or mother-in-law. In view of such statement the learned Sessions Judge, Laxmipur who considered the application o..

Category: Women and Children | Date: 14 Dec, 2009 | Hits: 150

Government of Bangladesh Vs. Syed Md. Belayet Hossain, 2009, 38 CLC (HCD)

....ng and accordingly the above judgment and order of the High Court Division does not call for any interference. The petition is dismissed. This Case is also Reported in: 15 MLR (AD) (2010) 512. ......e respondent, which was sworn on 16.03.2009, show that three persons with same qualifications like the respondent were allowed to withdraw their salary as the principals of the concerned colleges and accordingly there is no reason as to why the respondent will be differentiated from those persons ha..................Petitioners Vs. Syed Md. Belayet Hossain ........................................Respondent Order December 10, 2009. Lawyers Involved: A.K.M. Zahirul Haque, Additional Attorney General, instructed by Mrs. Sufia Khatun, Advocate-on-Record-For the petitioners. ......��৩(১৯)-শিক্ষা dated 31/08/2000, the respondent is qualified to be appointed and act as Principal of Abdul Malek College and though the circular dated 10.10.2006 has got no force of law but for all such appointments the above circular is being followed by the concerned officials of..

Category: Employment/Service Law | Date: 10 Dec, 2009 | Hits: 159

Md. Saiful Islam and others Vs. State and another, 2009, 38 CLC (HCD)

.... 2000 pending in the Nari-O-Shishu Nirjatan Daman Tribunal, Sirajgonj is hereby quashed. Communicate the order at once. Ed. This Case is also Reported in: 15 MLR (HCD) (2010) 420. ......departure accused-petitioner Saiful Islam arrived at Rajshahi railway station and gave a small 'bottle of liquid poison to victim Minara Parvin suggesting her to drink the same in empty-stomach and accordingly she drank the same and fell sick on 04.09.2001. She was shifted to Belkuchi Health Com......s of naraji petition without examining the complainant under section 200 is without jurisdiction, unlawful and abuse of the process of the Court…………………………(11) Cases Referred to- Abul Kashem Khan Vs. the State, 56 DLR 435; Nakib Ashrab Ali Vs. the State and another, 7 BLT...... A naraji petition is treated as a fresh complaint. Taking cognizance of offence on the basis of naraji petition without examining the complainant under section 200 is without jurisdiction, unlawful and abuse of the process of the Court…………………………(11) Cases Referred t..

Category: Women and Children | Date: 8 Dec, 2009 | Hits: 14

Rezaul Kabir (Md.) and another Vs. Bangladesh and others, 2009, 38 CLC (HCD)

....he appointment letters it has been stated that the employment of the petitioners may be cancelled without serving any show cause notice but the requirements of compliance of the rules of natural justice cannot be excluded nor can be excluded by a statutory provision. Furthermore, simp......ave been passed without any lawful authority and is of no legal effect. There will be no order as to costs. Ed. This Case is also Reported in: 67 DLR (HCD) (2015) 19 ......t: The Rules are made absolute. Prior Show Cause Notice With Adequate Explanation It is fundamental principle of administrative law that before any order is passed which is likely to adversely affect a person it is essential that he be given a reasonable opportunity to be heard p......nts Judgment November 22, 2009. Result: The Rules are made absolute. Prior Show Cause Notice With Adequate Explanation It is fundamental principle of administrative law that before any order is passed which is likely to adversely affect a person it is essential tha..

Category: Administrative Law, Employment/Service Law | Date: 22 Nov, 2009 | Hits: 3

Human Right and Peace for Bangladesh (HRPB) and another Vs. The Mayor, Dhaka City Corporation and others, 2009, 38 CLC (HCD)

....onstruct a boundary wall which has been demolished by the contractor within such period. Stay granted earlier by this court is hereby vacated. Ed. This Case is also Reported in: ......dertake such a project of construction of a road through graveyard for the cause of any one’s benefit. 10. Considering these facts and circumstances, we find good substance in this Rule and accordingly it is liable to be made absolute. 11. In the result, the Rule is made absolute with......ner. Vs. The Mayor, Dhaka City Corporation and other.....................Respondents. Judgment November 17, 2009. Result: The Rule is made absolute without any order as to costs. Lawyers Involved: Md. Manzill Murshid, Advocate - For the Petitioner. M.A.......e respondents to show cause as to why the step of the respondents to construct a new road through the Azimpur Graveyard by destroying thousands of graves should not be declared illegal and without lawful authority and/or pass such other order as to this court may seem fit and proper. 2. The..

Category: Constitutional Law | Date: 17 Nov, 2009 | Hits: 6

Md. Jubayer Vs. State and others, 2009, 38 CLC (HCD)

....der be sent to the Court concerned at once for information. Afzal Hossain Ahmed, J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 343; 15 MLR (HCD) (2010) 424 . ......gistrate, Chittagong against the accused-petitioner alleging, inter alia, that the complainants are the Proprietors of "Nipun Embroidery" who did some work as per work order issued by the accused and accordingly, the accused issued a cheque on 29.03.2007 in favour of the complainants for the bill of...... Judgment November 09, 2009. Result: The Rule is made absolute. The Negotiable Instruments Act, 1881 (Act No. XXVI of 1881); sections 138 & 141 In order to make person liable under section 138, the payee of the cheque has to give a notice in writing t......ner as there is prima facie case of cheating and also Civil Suit under sub-section (3) of Section 138 of the Negotiable Instruments Act, 1881 for realization of money in question in accordance with law. 29. In the cases of S A Sultan Vs. The State and another reported 44 DLR (AD) 139, Aminur ..

Category: Criminal Law | Date: 9 Nov, 2009 | Hits: 128

Zahirul Islam & others Vs. Government of Bangladesh others, 2009, 38 CLC (HCD)

....Dhaka prepared in the name of the petitioners to the settlement press for final publication. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 168 ......stion was duly and correctly ordered to be recorded in the name of petitioner No. 5 and the predecessors of other petitioners and other co-sharers in Settlement Appeal Case No.1 53 and accordingly RS and DP khatian No.53 was prepared though the respondent No.4 did not participate in a......rul Islam & others………………………Petitioners Vs. Government of Bangladesh others................Respondents Judgment October 28, 2009. Result: this Rule is made absolute. Cases Referred to- Rom......2859 and 3025 of 1999 with a reference to Miscellaneous Case No. 760 of 2002 (Annexure-E, E (1), E(2), E(3), E(4), E(5), E(6) and E(7) should not be declared to have been passed illegally and without lawful authority and why direction should not be issued to send the draft publication of Khatian Nos..

Category: Property Law, Tenancy Law | Date: 28 Oct, 2009 | Hits: 5

Dr. Mir Jamal Uddin and others Vs. Dr. Nawzesh Farid and others, 2009, 38 CLC (AD)

....consideration. Accordingly, the petitions are dismissed. Ed. This Case is also Reported in: 15 MLR (AD) (2010) 196, 15 BLC (AD) (2010) 161; VII ADC (2010) 560, 31 BLD (AD) (2011) 25. ......consideration. Accordingly, the petitions are dismissed. Ed. This Case is also Reported in: 15 MLR (AD) (2010) 196, 15 BLC (AD) (2010) 161; VII ADC (2010) 560, 31 BLD (AD) (2011) 25. ......y and others.........Respondents (In Civil Petition Nos. 1177 & 1183 of 2009) Dr. Kamrun Nahar and others.................Respondents (In Civil Petition No.1225 of 2009) Judgment October 14, 2009. Result: The petitions are dismissed. Lawyers Involved: Rokonuddi...... made out. Since no such attempt was made on behalf of the respondents, the recommendations of the PSC, under challenge in the Rules are declared by the High Court Division, to have been made without lawful authority and the Rules were made absolute. 5. The Civil Petition No. 1158 of 2009 and t..

Category: Employment/Service Law | Date: 14 Oct, 2009 | Hits: 118

Md. Rezaul Kabir Vs. State and another, 2009, 38 CLC (HCD)

....expressly declaring what shall be the consequence of non-compliance, is the requirement to be regarded as imperative or mandatory or merely as directory or permissive. It is the duty of the Courts of justice to try to get at the real intention of the legislature by carefully attending to the whole s......aid witness Md. Mosharraf Hossain informed the matter to the Joint Forces upon which the Joint Forces laid trap for catching hold of the said Upazila Nirbahi Officer, Md. Rezaul Kabir red-handed and, accordingly, caught hold of him red handed while he was taking the said amount of money, as bribe, f......………..Accused-petitioner Vs. The State and another…………………………..Opposite parties Judgment October 11, 2009. Result: The Rule is made absolute. Trap cases......uty of the Courts of justice to try to get at the real intention of the legislature by carefully attending to the whole scope of the statute to be construed. When the parliament or the framers of the law employed certain expression which admits of no doubt, the Courts are not entitled to by a differ..

Category: Anti-Corruption Laws | Date: 11 Oct, 2009 | Hits: 10

Md. Mainul Haque Bhuyan Vs. Md. Akkas Miah, 2009, 38 CLC (HCD)

....ues involved and set aside the order passed by the learned Assistant Judge and House Rent Controller. The impugned judgment and order passed by the Appellate Court below has not occasioned failure of justice and hence does not call for any interference by this Court. 13. In the result, the Rule......il Procedure in the absence of either of the parties or suo moto on perusal of the record. Reference may be made to the case of Safaruddin Vs. Fazlul Haque reported in 49 DLR (AD) 151. 8. I have accordingly, perused the judgments and orders passed by both the House Rent Controller and the Appel...... Present: Md. Delwar Hossain J Md. Mainul Haque Bhuyan.............................Petitioner Vs. Md. Akkas Miah...............................Opposite party Judgment October 6, 2009. Result: The Rule is discharged. The Code of Civil Procedure, 1908 (Ac...... order of stay of the impugned judgment and order dated 11.4.2007 on 2.9.2007. 7. None appeared for either of the parties when the matter was taken up for hearing. It is a settled proposition of law that this Court can dispose of the Rule in exercise of its revisional jurisdiction under section..

Category: Tenancy Law | Date: 6 Oct, 2009 | Hits: 127

Abdul Latif alias Kahinur alias Kahin and other Vs. State, 2009, 38 CLC (HCD)

....ection with any other case. Send down the lower Court records and a copy of the judgment and order to the Court concerned. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 245. ......ection with any other case. Send down the lower Court records and a copy of the judgment and order to the Court concerned. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 245. ...... Latif alias Kahinur alias Kahin and other…………………Appellants Vs. State……………………..................................................Respondents Judgment October 6, 2009. Result: The appeal is allowed. The Nari-o-Shishu Nirjatan (Bishesh Bi...... the place and she took shelter at the house of one Shah Sarder and spent the night in his house and on the following day she returned to her house and narrated the incident to her brother, sister-in-law, and others and a salish was held but the accused persons did not appear and subsequently she lo..

Category: Women and Children | Date: 6 Oct, 2009 | Hits: 116

State Vs. Secretary, Ministry of Law, Justice & Parliamentary Affairs and others, 2009, 38 CLC (HCD)

....��নারা বানালেন।)" 2. It is reported that being aggrieved by the occurrence which took place, the parents of the victim girl took her before the authorities in order to seek justice and the 7 (seven)-year-old child, who reads in Class III, was sent to safe custody. She is s......ality spent Tk. 26,500/- on publicity in a newspaper addressed to the Prime Minister, but nothing had happened as yet. 3. Dr. Naim Ahmed, representing Aparajeyo-Bangladesh informed the Court that according to his information the parents of the girl lodged an F.I.R., which was recorded as Osmani ......tary, Ministry of Law, Justice & Parliamentary Affairs and others ..........Respondents Judgment September 3, 2009. Result: The Rule is disposed of with observation. Cases Referred to- Hussain Muhammad Ershad Vs. Bangladesh and others, 21 BLD (AD) 69; The State Vs. Tasiruddin, ......seek justice and the 7 (seven)-year-old child, who reads in Class III, was sent to safe custody. She is so young that she cannot sleep without her mother. The mother posed the question: "what type of law is this?" It further transpires from the report that the parents are not allowed to visit the gi..

Category: Women and Children | Date: 3 Sep, 2009 | Hits: 198

Tobarak Ali Bepari Vs. Hachen Kha Being Dead His Heirs 1(A) Razzak Kha and others, 2009, 38 CLC (HCD)

....tion money along with the compensation, so deposited by the pre-emptor. Send down the lower Courts records immediately. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 318. ......tion money along with the compensation, so deposited by the pre-emptor. Send down the lower Courts records immediately. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 318. ......cy Act, 1950 (East Bengal Act No. XXVIII of 1951); section 96 In deciding the case under section 96 of the S A & T Act, the Courts need not make inquiry in respect of the title of the pre-emptor, rather it only require to consider incidentally whether the pre-emptor is a co sharer tenant b......eemptor has failed to prove his title as being owner of the land contiguous to the case land but the Courts below without adverting to the materials have allowed the preemption which is an error of law and as such, the judgments are liable to be set aside. He further submitted that the Courts bel..

Category: Property Law | Date: 25 Aug, 2009 | Hits: 3

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