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Idrisur Rahman (Md) Vs. Bangladesh, 2008, 37 CLC (HCD)
....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. ......satisfaction of the executive head of the Government (Prime Minister/Chief Adviser). 22. For that reason, the criteria for appointment of judges of the Supreme Court were severely criticized and questioned. Accordingly, to mitigate this pain for the first time a check and balance has been intro......dly, there are vacant posts of judges both in the Appellate Division and in the High Court Division and appointment of judges to these vacant posts has become necessary. 150. All these admitted facts and circumstances rendered the promulgation of the impugned Ordinance urgently necessary for f..Category: Constitutional Law | Date: 7 Aug, 2008 | Hits: 236
.... 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.
......am transaction, the appellate Court was wrong in reversing the jugment of the trial Court in a casual manner."
11. In the instant suit the lower appellate court without determining the main question of dispute and without determining the title and possession of the plaintiff in a suit for ......hittagong after going through the evidence on record and after scrutinizing the evidence on record clearly and elaborately discussed the evidence and taking into consideration the facts and circumstances of the case and also the legal aspect of the case came to a proper and justi..
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. ......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. ......2 under section 22(ga) of the Narcotics Control Act, 1990 (briefly as Act), pending in the Court of Metropolitan assistant Session Judge, Fifth Court, Chittagong, should not be quashed. 2. Short facts leading to this Rule are that on 19-03-2002, Sergeant, Md. Tarek Ahmed of Bandar Police Statio..Category: Criminal Law | Date: 31 Jul, 2008 | Hits: 92
Motahera Begum and others Vs. Abdul Monaf and others, 2008, 37 CLC (HCD)
....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. ......case of Khurshid Ali and others Vs. Noorjahan Bewa and others reported in 15 B.L.D. (A.D) 82 wherein it has been held that: "When the appellate Court as the final Court of fact decides questions of fact and records its findings on consideration of the evidence on record, the High Cour...... the rule should be made absolute. 8. On the other hand the learned Counsel Mr. Md. Alamgir Kabir appearing on behalf of the defendant-appellant-opposite parties submits that the finding of facts whether concurrent or not arrived at by the lower appellate court is final unless it is m..Category: Property Law | Date: 30 Jul, 2008 | Hits: 2
Md. Karamot Ali Alias Rafique Alias Rafiqul Islam Vs. The State, 2008, 37 CLC (HCD)
....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. ...... quashed. In support of the contention learned advocate has referred to the decision in the case of Md. Jahangir Alam alias Zakir Vs. The State, reported in 10 MLR (AD) 335. In that case similar question was raised against the judgment and order of conviction where sentence was passed for ......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. ..Category: Criminal Law | Date: 30 Jul, 2008 | Hits: 5
State Vs. Metropolitan Police Commissioner, Khulna and others, 2008, 37 CLC (HCD)
....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. ......rticular case to consider all the relevant legal provisions and all the prevailing circumstances before reaching any decision on the issues raised in the case. 15. However, there still remains the question of the custody of accused Arifa. At present she is on bail, jimma having been granted to th......R. No. 559/2008, deposition of witnesses examined by him in the course of the inquiry to ascertain the age of Arifa and also other supporting documents in relation to the assessment of age. 4. The facts of the case, in brief, are that on 20.04.2008 a young girl by the name of Arifa, daughter of R..Category: Women and Children | Date: 22 Jul, 2008 | Hits: 147
Kazi Salahuddin Vs. Kazi Badruzzahedin (Dabir) and others, 2008, 37 CLC (AD)
....e does not call for interference by this court. We find no merit in this petition which is accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 113. ......e does not call for interference by this court. We find no merit in this petition which is accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 113. ...... whole price money was misappropriated by said Kazi Khairuddin and his son Badruzzahedin Dabir without spending a single farthing for the Wakf Estate. The inquiry report also disclosed the above facts as correct. 13. After hearing the parties the High Court Division by the impug..Category: Trust/Waqf Law | Date: 22 Jul, 2008 | Hits: 166
Reckitt Benckiser (Bangladesh) Ltd. Vs. Oram Limited, Sale Centre, 2008, 37 CLC (HCD)
.... 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. ...... failure of justice in passing the same. 7. Since the point of maintainability has been raised by Mr. M. Amirul Islam which has been replied to by Mr. Rafique Hoque, we propose to dispose of the question of maintainability first, because, if it is found that the revision application itself......istrict Judge, Dhaka in Arbitration Miscellaneous Case No.661 of 2007 should not be set aside and or pass such other or further order or orders as to this court may seem fit and proper. 2. Short facts, necessary for disposal of this revision are that a dispute having been arisen out of two agre..Category: Alternative Dispute Resolution | Date: 13 Jul, 2008 | Hits: 18
Abdul Hannan Vs. State, 2008, 37 CLC (HCD)
....h any other case. Send down the lower Court's records along with a copy of judgment expeditiously. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 713, 29 BLD (HCD) (2009) 189. ......ed him that they arrested an accused who along with others killed the victim. On getting that information, he went to the house of Kamaruddin and found Hannan under arrest and that the people present questioned Hannan about the occurrence who confessed that he and two others committed the murder. It...... in the confession with regard to the participation of the accused person in the crime must be separately and independently corroborated, nor is it essential that the corroboration must come from the facts and circumstances discovered after the confession was made…………&hel..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. ...... 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. ......রোক্ত প্রকারে উল্লেখিত দন্তখত সমূহের সাথে অসামনজস্যতাপূর্ন। In view of the aforesaid facts when the handwriting expert's opinion on the basis of scientific developed opportunity is av..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. ......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. ......found to be unreliable." 10. We are in respectful agreement with the aforesaid view. Therefore, we are inclined to enlarge the petitioner Nos. 2 and 3 on bail. 11. Having regard to the facts, the submissions advanced by the learned Counsel for the accused petitioners prevail and a..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. ......e complainant without seeking her redress under section 28 of the Ain, 2000, against the aforesaid order, again filed the instant case being Nari-o-Shishu Case No.181 of 2006 afresh. 11. Now the question that calls for our consideration is, whether the instant case i.e. Nari-o-Shishu Case No.18......an Daman Tribunal, Thakurgaon, in Nari-o-Shishu Case No.181 of 2006, framing charge under sections 11(kha), 11(kha)/30 of the Ain, 2000, (amendment 2003) against the accused appellants. 2. Short facts leading to this appeal are that on 23-11-2006 the respondent No.1 as complainant filed a petit..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)
....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. ......san, 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 decree sig...... he criticised the impugned ex parte judgment and decree dated 3-10-2004 on various grounds. 6. Firstly, Mr. Hasan submits that the learned Judge of the Adalat, under misconception of law and facts, most illegally without applying judicial mind passed the impugned ex parte decree against ..Category: Civil Law | Date: 17 Jun, 2008 | Hits: 7
Nadia Khalil Vs. Rudess Karim, 2008, 37 CLC (HCD)
.... 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. ......nd submits manifold arguments. On his first count of argument the learned Senior Councel Mr. A.K.M. Nazrul Islam submits that the learned District Judge by the impugned order pre-judged the entire question of custody of the minor girl Radyna Karim in as much as the learned District Judge, upon r......photographs and the report submitted on behalf of the appellant that respondent is leading an immoral fast life. The profile shows that the respondent is habituated with Alcohol. However, all these facts may be proved at the time of trial. The respondent is living separately with Rajeeb Samdani ..Category: Family Law | Date: 17 Jun, 2008 | Hits: 19
Golam Md. Shiblee Vs. Second Labor Court, 2008, 37 CLC (HCD)
....terfere with the findings of the Labors Court. In the result, the Rule is discharged however, without any order as to cost. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 49. ......erned authority discharged the petitioner from his service on 3-9-2002. Admittedly, in the instant, case the petitioner filed his grievance in accordance with law to the concerned authority. But only question raised is that the Labors Court cannot reassess the evidence of the domestic inquiry commit......he decision dated 28-5-2003 passed by respondent No. 1 in Complaint Case No. 14 of 2002 shall not be declared to have been passed without lawful authority and is of no legal effect. 2. The short facts of the case is, that the petitioner is the Manager of Jaghcharra Tea Estate, an establishment ..Category: Labour and Industrial Law | Date: 17 Jun, 2008 | Hits: 30
State Vs. Ershad Sheikh, 2008, 37 CLC (HCD)
....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. ...... the Court of Session. The Nari-o-Shishu Nirjatan Daman Tribunal has no jurisdiction to try such offence. The Tribunal without jurisdiction tried the offence. So there was miss-trial. 31. Now, question is whether the conviction of the accused under section 11 (ka) of the Ain in such miss-tria......here was a miss-trial or trial without jurisdiction, the Court of appeal before directing a fresh trial by an appropriate Court should also see to whether such direction should at all be given in the facts and circumstances of a particular case. For example, if it is found that there was no legal ev..Category: Women and Children | Date: 17 Jun, 2008 | Hits: 157
AKM Nazimuddin Vs. Md. Delwar Hossain and others, 2008, 37 CLC (HCD)
....ned Senior Assistant Judge, Sadar Court, Noakhali, in hereby affirmed. Send down the lower Court's record immediately. Ed. This Case is also Reported in: 13 BLC (HCD) (2008) 868. ......ellate Division it is by now settled that no such provisions is available before a pre-emptor to make any partial deposit. The learned Additional District Judge as it appears has lawfully decided the question of maintainability of the case relying upon the decision in the case of Akhterun Nessa Vs. ......ade subsequently though within the period of limitation that would be sufficient in compliance of the law." 22. In the case of Babu Hoque Vs. Lal Jan Bibi reported in 8 DLR 362 where in the facts of the case that the pre-emptor and his brother were owners of the land transferred and the pr..Category: Property Law | Date: 11 Jun, 2008 | Hits: 12
Unilever Bangladesh Ltd. Vs. Chairman, National Board of Revenue and others, 2008, 37 CLC (HCD)
....s manufactured by the petitioner company as mentioned in both the Writ petitions. Communicate this order at once. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 156. ...... Writ Petition No. 8885 of 2006 with 8885 of 2006. Judgment Mamnoon Rahman J. - Both these Rules were heard together and disposed of by this single judgment as they do involve similar question of fact and law as well as the petitioner is same. 2. In Writ Petition No.8679 of 200......Lakme brand" finished products and/or empty "Lakme brand" packaging materials into Bangladesh and/or pass such other or further order or orders as to this Court may seem fit and proper. 4. The facts leading to the issuance of these Rules are, that the petitioner a company registered under th..Category: Fiscal/Taxation Law | Date: 11 Jun, 2008 | Hits: 9
A.B.M. Khaliquzzaman and others Vs. United Commercial Bank Ltd. and others, 2008, 37 CLC (HCD)
....ng up of this Order and to report the compliance thereof within 1(one) week thereafter. There is no order as to costs. Ed. This Case is also Reported in: 28 BLD (HCD) (2008) 635. ...... through a depository participant, by operation of Regulations 46 and 47 of the 2003 Regulations. Submitting that the depository regime or system treats disjunctively and not conjunctively the question of corporate rights and corporate benefits, Mr. Mahmud has concluded by submitting that th......tings (AGMs) of United Commercial Bank Limited (hereinafter referred to as "the Bank"). It is in that light that these four Applications are now being disposed of by a common judgment. 2. The facts of all these cases may be traced back to the time when on 4.9.2005 the Bank in compliance wi..Category: Company Law | Date: 11 Jun, 2008 | Hits: 43
Haji Nasirullah and another Vs. Government of Bangladesh and others, 2008, 37 CLC (HCD)
....hority to release the land from acquisition, the petitioner obtained this Rule Nisi from this Court on 20.4.2008. 4. Respondent No.3 filed affidavit-in-opposition in both the Writ Petitions. The identical stand of respondent No.3 in both the Writ Petitions is: 5. Under the Ordinance, a tot......on No.1448 of 2008. Judgment Syed Mahmud Hossain J.-Writ Petition Nos.1448 of 2008 and 3071 of 2008 having been heard together are disposed of by this common judgment as they involve common questions of laws and facts. In both the Writ Petitions the petitioners challenged the L.A. Case No....... Judgment Syed Mahmud Hossain J.-Writ Petition Nos.1448 of 2008 and 3071 of 2008 having been heard together are disposed of by this common judgment as they involve common questions of laws and facts. In both the Writ Petitions the petitioners challenged the L.A. Case No.1/2007-2008 to be ille..Category: Property Law | Date: 8 Jun, 2008 | Hits: 11
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