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Shafiullah Chowdhury and others Vs. State, 2009, 38 CLC (HCD)
.... the Rule is hereby vacated. Communicate copy of this judgment to the concerned Court where the case is pending. Ed. This Case is also Reported in: 14 MLR (HCD) (2009) 490. ......n be quashed if the allegations made in the First Information Report and the charge sheet or the petition of complaint do not constitute any criminal offence. It is by now a settled proposition of law that a criminal proceeding can be quashed even at initial stage when the fact is preposterous o..Category: Procedural Law | Date: 12 Aug, 2009 | Hits: 8
Sree Ashish Kumar Shaha Roy Vs. Al-Haj Md. Wasidul Islam and others, 2009, 38 CLC (AD)
.... therefore find any substance in any of the submissions of the learned Counsel for the petitioner. This petition is accordingly dismissed. Ed. This Case is also Reported in: 21 BLT (AD) (2013) 13. ......vision preferred this application for leave to appeal before this Division. 9. The learned counsel appearing for the plaintiffs petitioners submits that the High Court Division committed an error of law in failing to notice that the deed of gift dated 26.3.1963 was not a valid document and thus Min..Category: Property Law | Date: 23 Jul, 2009 | Hits: 6
Dr. Mohiuddin Khan Alamgir Vs. ACC and another, 2009, 38 CLC (HCD)
.... of taking cognizance of the case the Court is required under section 32(1) of the said Act to be ensured that there is a sanction from the said Commission for taking cognizance of the case. The said provision is a mandatory provision of law and no Court can take cognizance of the case unless there ....... 6. The appellant received the said notice in jail custody but did not have any access to his records and papers and did not have any opportunity of consultation with his income tax adviser and lawyers for preparing a statement of assets pursuant to the direction made in the said notice. The a..Category: Anti-Corruption Laws | Date: 13 Jul, 2009 | Hits: 286
....al encroachment into the tenancy law of the Country, its purpose is to protect the tenant from ejectment from the tenanted premises and has given the tenant certain benefits, notwithstanding the provisions of the Transfer of the Property Act or the Contract Act. The general law governing r......ether with the cost of transmission by postal money order of the money deposited to the landlord.”
12. It is to be observed that Act 1991 has made substantial encroachment into the tenancy law of the Country, its purpose is to protect the tenant from ejectment from the tenanted premises a..
Category: Tenancy Law | Date: 5 Jul, 2009 | Hits: 154
Most. Abu Tara Vs. Md. Abdur Rahim Khan and others, 2009, 38 CLC (HCD)
.... locus standi to institute the suit. That there is no cause of action to institute the suit. That the suit is barred by principles of estoppel, waiver and acquiescence and that the suit is hit by the provisions of the Specific Relief Act. The petitioner further stated in her written statement that 2......d and fabricated document created by the plaintiff only to grab the property but as a matter of fact no Bainanama was executed and signed by the defendant No.1 Most. Abu Tara. Moreover, in the eye of law it is not at all a deed of contract by which a suit for Specific Performance of Contract can be ..Category: Evidence Law | Date: 25 Jun, 2009 | Hits: 42
Agrani Bank Vs. Md. Abdul Khaleque & another, 2009, 38 CLC (HCD)
....dismissed, the judgment and the decree of the trial court is hereby set aside. Send down the L.C. record immediately. Md. Abu Tariq J.- I agree. Ed. This Case is also Reported in:......follows:- 1. Whether the suit is barred by limitation? 2. Whether the plaintiff is entitled to get decree as prayed for? 3. To what other relief the plaintiff is entitled to get under law & equity. 5. Defendant-respondent admitted that he has taken loan from the Agrani Bank...Category: Banking Law | Date: 23 Jun, 2009 | Hits: 153
Sree Pintoo Pal Vs. State, 2009, 38 CLC (HCD)
....00, it is to be seen whether he has been committed offence under the said section and whether the prosecution has succeeded in proving the charge against the appellant. 26. Now let us see the provision of the law envisages under section 9(1) of the Ain, 2000. ৯৷ ধর্ষণ, ......ty Judgment June 22, 2009. Result: The appeal is allowed. Presumption of innocence The fundamental and basic presumption in the administration of Criminal law and justice delivery system is that the accused should be presumed to be innocent till the char..Category: Women and Children | Date: 22 Jun, 2009 | Hits: 9
Bangladesh Power Development Board & others Vs. Abu Bakar Siddique & anothers, 2009, 38 CLC (AD)
....ut during the said period when there was dearth of qualified Engineers the Bangladesh Power Development Board like other Government Institutions acted under compelling circumstances, similar to the provision in circular dated 11-8-1966 in few cases, considered some Sub-Assistant Engineers who pass......ervice rules which cannot be treated as precedents for further violation and as such, the respondent No.1 having not acquired any right to file the writ petition, the High Court Division has erred in law in not discharging the Rule. (2) "Because the High Court Division has erred in law in not d..Category: Employment/Service Law | Date: 3 Jun, 2009 | Hits: 256
Bangladesh Power Development Board & others Vs. Abu Bakar Siddique & anothers, 2009, 38 CLC (HCD)
....ut during the said period when there was dearth of qualified Engineers the Bangladesh Power Development Board like other Government Institutions acted under compelling circumstances, similar to the provision in circular dated 11-8-1966 in few cases, considered some Sub-Assistant Engineers who pass......ervice rules which cannot be treated as precedents for further violation and as such, the respondent No.1 having not acquired any right to file the writ petition, the High Court Division has erred in law in not discharging the Rule. (2) "Because the High Court Division has erred in law in not d..Category: Employment/Service Law | Date: 3 Jun, 2009 | Hits: 3
Emran Ahmed & 20 anothers Vs. Bangladesh and others, 2009, 38 CLC (HCD)
.... a case to case basis. When employees of a statutory body like Biman have been working for the Corporation for several years, they cannot be terminated from service suddenly by taking recourse to a provision i.e. Regulation 52 (1) without assigning any reason. This clearly shows administrative arb......f 2008. Writ Petition No.12157 of 2006, Writ Petition No.4194 of 2007 and Writ Petition Nos.553, 554 and 983 of 2009. Judgment Tariq ul Hakim J.- All these Rules concerns common questions of law and facts and were heard together and are being disposed of by this single Judgment. In all the ..Category: Employment/Service Law | Date: 2 Jun, 2009 | Hits: 35
Md. Babul Hossain Mollah and others Vs. Hasneara Begum and others, 2009, 38 CLC (HCD)
.... Setting aside decree ex parte against defendant Scope of Order IX Rule 13 of the Code of Civil Procedure, 1908 In any suit which is decreed on contest, if there is any express provision of appeal, the defendants have the remedy by way of filing appeal under Order 41 of the C......rte decree. So the application under the Provisions of Order IX Rule 13 of the Code cannot be entertained. Secondly the learned judge without appreciating the materials on record and provisions of law, allowed such application, causing serious miscarriage of justice. 6. No one appears for ..Category: Procedural Law | Date: 28 May, 2009 | Hits: 3
Sheikh Md. Nurul Haque Vs. State and another, 2009, 38 CLC (HCD)
....used petitioner and the opposite party No.2, let us now see whether the complainant opposite party No.2 has filed the case before the learned Chief Metropolitan Magistrate strictly complying with the provision of law envisaged under section 138 and 141 of the Negotiable Instruments Act and whether t......osite party No.2, on the other hand, submits that the opposite party No.2 categorically described the very arising out of cause of action having no ambiguity in it and therefore, there is no legal flaws in filing the case and the learned Chief Metropolitan Magistrate on appreciating the said legal..Category: Banking Law | Date: 26 May, 2009 | Hits: 663
Ehtesamur Rahman Vs. The State & Others, 2009, 38 CLC (HCD)
....formation and necessary action. Ed. This Case is also Reported in: 29 BLD (HCD) (2009) 399. ......sing the jurisdiction of Sessions Judge, which implies that the petitioner moved before this Court denying the jurisdiction of Sessions Judge as such the revisional application is not tenable in law. 11. In the above context, it has been observed in the case of Alhaj Rahimuddin Shah V..Category: Procedural Law | Date: 19 May, 2009 | Hits: 1
Bangladesh National Women Lawyers Association (BNWLA) Vs. Bangladesh and Others, 2009, 38 CLC (HCD)
....omen Lawyers Association (BNWLA) was formed in 1979 by a group of women lawyers with an aim and objective to empower the women and children of their rights. 3. At present there are no legislative provisions to address sexual harassment of women and girl children and in the absence of the legisla......he media, public and other places. 2. The facts leading to the issuance of the Rule, in brief, are: Bangladesh National Women Lawyers Association (BNWLA) was formed in 1979 by a group of women lawyers with an aim and objective to empower the women and children of their rights. 3. At prese..Category: Women and Children | Date: 14 May, 2009 | Hits: 330
State Vs. Anjali Debi alias Monju Debi, 2009, 38 CLC (HCD)
....ent to Begum Amirun Nesa, the then Judge of Nari-o-Shishu Nirjatan Daman Tribunal, Pabna, immediately at her present posting. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 738. ......……………………(18) Section 6(1) of the Nari-o-Shishu Nirjatan Daman Ain, 2000 is jumbled up sections 359, 360, 361, 362, 363, 364, 364A, 365 of the Penal Code and by this jumbled up, a law has been promulgated, which has not been drafted properly, and it stands as harsh law. Harsh law..Category: Women and Children | Date: 5 May, 2009 | Hits: 75
Sirajul Islam (Md) Vs. Tauhid Uddin Ahmed & another, 2009, 38 CLC (HCD)
.... dishonoured on 7-2-2006; that the legal notice was sent on 12-2-2006 and the case was filed on 7-3-2006 i.e. after 25 days of issuance of notice and that case was filed in violation of the mandatory provision of law. He further submits that the complainant only mentioned the sending date of the leg......on 7-2-2006; that the legal notice was sent on 12-2-2006 and the case was filed on 7-3-2006 i.e. after 25 days of issuance of notice and that case was filed in violation of the mandatory provision of law. He further submits that the complainant only mentioned the sending date of the legal notice but..Category: Banking Law | Date: 4 May, 2009 | Hits: 280
Zahed Hossain (Md.) Vs. State and another, 2009, 38 CLC (HCD)
....ard the learned Advocate of both sides, wherefrom it transpires that the opposite party No. 2 filed a complaint before the Additional Chief Judicial Magistrate, Chittagong strictly complying with the provision of law envisaged under sections 138 and 141 of the Negotiable Instruments Act and whether ...... the continuation of the proceeding of Sessions case No. 1110 of 2006 will be an abuse of the 8(eight) cheques were dishonored, but the complainant made a single complaint which is not permissible in law, law requires that a single dishonored cheque proceeding can be initiated against one cheque, no..Category: Procedural Law | Date: 29 Apr, 2009 | Hits: 135
Md. Alauddin Bepari Vs. Somola Khatoon & others, 2009, 38 CLC (HCD)
....he prayer for rejection of the plaint contending, inter alia, that the agreement in question was executed before the said amendment of the Specific Relief Act inserting Section 21A and hence the said provision of law is not applicable in the case. 5. Ultimately, the learned Joint District Judge, ...... rejection of the plaint contending, inter alia, that the agreement in question was executed before the said amendment of the Specific Relief Act inserting Section 21A and hence the said provision of law is not applicable in the case. 5. Ultimately, the learned Joint District Judge, First Court, ..Category: Civil Law | Date: 21 Apr, 2009 | Hits: 91
Dr. M. A. Yahia Vs. Md. Abdul Quader and others, 2009, 38 CLC (AD)
....oved by RAJUK dated 22.02.1996 the added respondent and his wife constructed a building in half of the land but the petitioners did not make any construction in their half, which clearly violated the provisions. Defending the impugned letter partially cancelling the lease, various grounds have been ...... the High Court Division and other materials available on record. 8. The learned Judges of the High Court Division made the Rule absolute on discussion and proper consideration ,of the fads and law involved in the case holding that a registered deed of lease of immovable property for 99 years ..Category: Property Law | Date: 15 Apr, 2009 | Hits: 36
Md. Abdur Rashid & others Vs. Most. Amena Khatun and others, 2009, 38 CLC (HCD)
.... 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. ......st the defendant and the appellate Court below without appreciating the evidence adduced by the plaintiffs most illegally allowed the appeal dismissing the suit and thereby committed an error of law resulting in an error in the decision occasioning failure of justice and as such the same is not..Category: Property Law | Date: 13 Apr, 2009 | Hits: 2
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