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Habibur Rahman Molla Vs. State, 2008, 37 CLC (HCD)
....the prosecution or loosely construe the law in favor of the accused. The traditional dogmatic hyper technical approach has to be replaced by rational, realistic and genuine approach for administering justice in a criminal trial. Criminal jurisprudence cannot be considered to be a Utopian thought but......lip;…………..(18) The Anti-Corruption Commission Rules, 2007; Rule 15 (7) "Form 3" under Rule 15(7) of the ACC Rules, 2007 is the part of the statute and accordingly when a specified form has been prescribed in the statute for particular purpose, the san......ned Court at once. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 1, 29 BLD (HCD) (2009) 227. ......4 is precondition for taking cognizance of the offence as described in the schedule of the Ain. Even though no reason has been assigned for its satisfaction, the can be treated sanction in the eye of law…………………………..(18) The ..Category: Anti-Corruption Laws | Date: 20 Nov, 2008 | Hits: 157
Abdul Hai (Md.) Vs. Bangladesh and others, 2008, 37 CLC (HCD)
....oner again filed an application unsuccessfully before the Director General, Bangladesh Rifles, on 24-7-2002 praying for reconsideration of his discharge and thereafter upon serving a notice demanding justice on 9-10-2002 preferred the instant writ petition and obtained the Rule on 22-6-2003. 4. P......ngladesh Rifles authority having been satisfied about his moral character, allowed him 45 days earn leave with effect from 5th May, 1988 to perform 'Hajj' and the petitioner performed the Holy 'Hajj' accordingly. Later the petitioner was deployed as Driver and served in various stations of the BDR a......Hoque J Abdul Hai (Md.)……………Petitioner Vs. Bangladesh and others……………Respondents Judgment November 18, 2008. Result: The Rule is disposed of. Case Referred to- Col. Md. Hashmat Ali (Retired) Vs. Government of Bangladesh, 47 DLR (AD) 1; Bangladesh Vs. Md......d the order dated 31-10-2001, disclosed in Annexure-F discharging and affirming such discharge of the petitioner from the Service of Bangladesh Rifles should not be declared to have been made without lawful authority and is of no legal effect and/or pass such other or further order/orders as to this..Category: Employment/Service Law | Date: 18 Nov, 2008 | Hits: 33
Mosammat Setara Begum Vs. Al-Arafah Islami Bank Ltd. and others, 2008, 37 CLC (HCD)
....w. Office is directed to communicate the order at once with a copy of judgment for information and necessary action. Ed. This Case is also Reported in: 14 MLR (HCD) (2009) 480. ......w. Office is directed to communicate the order at once with a copy of judgment for information and necessary action. Ed. This Case is also Reported in: 14 MLR (HCD) (2009) 480. ...... Judgment Syed Md. Ziaul Karim J.- This Rule Nisi was issued, on an application under Article 102 of the Constitution of the People's Republic of Bangladesh, calling upon the respondents to show cause as to why the impugned order dated 24-08-2006 (Annexure-E to the writ petition) passe......tho Rin Adalat no.4, Dhaka, in Artho Execution Case no.60 of 2006, conferring title of petitioner's mortgaged property upon the decree holder bank, should not be declared to have been made without lawful authority and is of no legal effect. 2. Short facts leading to this Rule are that on 21-..Category: Civil Law | Date: 11 Nov, 2008 | Hits: 4
....ames were appearing at serial Nos.46 and 47 of the said seniority list which is a clear discrimination done by the respondents, for which the petitioner through his lawyer sent a notice for demanding justice to the respondent Nos. 2-5 but with no result.
3. Thus, the petitioner was constrained to...... be filled up by promotion from the immediate lower cadre. In the said Rule no bar of educational qualification for promotion of an Assistant Director to the post of Deputy Director lies, inasmuch as according to Rule 21(b) merit-rum-seniority is the sole criteria for promotion to the higher post Su......Vs.
Government of the People's Republic of Bangladesh and others………………………Respondents
Judgment
November 9, 2008.
Result:
The Rule is made absolute without any order as to cost.
Cases Referred to-
Abdur Razzaque Zoarder Vs. Government of Bangladesh, 58 DLR ......irected against the respondents to show cause as to why the action of the respondents in not considering the case of the petitioner for promotion should not be declared to have been taken without any lawful authority and is of no legal effect and why a direction should not he given upon them to cons..
Category: Employment/Service Law | Date: 9 Nov, 2008 | Hits: 117
Akramuzzaman (Md.) alias Babu Vs. Artha Rin Adalat No. 1 Rajbari and others, 2008, 37 CLC (HCD)
....cate the order at once with a copy of judgment for information and necessary action to all respondents. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 638; 15 MLR (HCD) (2010) 1. ...... settled that the liability of the principal debtor is co-extensive with that of the guarantor or mortgagor. The creditor is at liberty to pursue either the principal debtor or guarantor or mortgagor according to his sweet will for realization of his dues or he can proceed against both of them simul......etitioner Vs. Artha Rin Adalat No. 1 Rajbari and others………………..Respondents Judgment November 5, 2008. Result: The Rule is made absolute without any order as to cost. The Artha Rin Adalat Ain, 2003 (Act No. VIII of 2003) Whether the provisions of...... by the learned Judge of the Artha Rin Adalat No. 1, Rajbari, in Artha Rin Execution Case No. 13 of 2005 arising out of Artha Rin Suit No. 45 of 2004, should not be declared to have been made without lawful authority and is of no legal effect. 2. Short facts leading to this Rule are that on 29-..Category: Civil Law | Date: 5 Nov, 2008 | Hits: 168
....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. ......t there is, in fact, no private of contract between the plaintiff and the
said defendants in either case. It is the prayer, therefore of the said
defendants in each Application that their names are accordingly liable to be
struck out from the array of the defendants in each of the plaints. In thi......t 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
Applications are dismissed.
Cases Referred to-
"The...... primarily highlighted the fact that in issuing the
Letters of Guarantee the two P&I clubs have by that reason automatically
brought themselves under the purview of both statutory and common outlaw
standards that define and govern the tripartite relationship between a
guarantor, a creditor a..
Category: Admiralty Law or Maritime Law | Date: 26 Oct, 2008 | Hits: 17
Taj Nahar Begum Vs. Government of Bangladesh and others, 2008, 37 CLC (HCD)
....ias Sabid Miah, of Village Miapur, PS Sonaimuri, District Noakhali be set at liberty forthwith if not wanted in any other connection. Ed. This Case is also Reported in: 13 BLC (HCD) (2008) 843. ...... of total lack of ignorance of the Ministry of Home Affairs about the relevant provisions of the Act. Although there was no extradition treaty with Kuwait, the Government could extradite the detenu according to the provision of section 4 of the Act provides as under: "Application of Act to non-......um..................Petitioner Vs. Government of Bangladesh and others………............Respondents Judgment August 20, 2008. Result: The Rule is made absolute. Case Referred to- Abdul Abedin Abdul Vs. State, 53 DLR 109. Lawyers Involved: AM Mahbub Uddin, Advocate -......n, son of Farid Miah alias Sabid Miah now detained at Noakhali District Jail 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 b..Category: Criminal Law | Date: 20 Aug, 2008 | Hits: 20
....he order of DNA test passed by the High Court Division was misconceived. He also stated that the order so far as it related to DNA test of this Court should be recalled and vacated in the interest of justice.
18. We have so far stated about DNA test. But we should have an idea of what DNA m......or DNA test. The Nari-O-Shishu Nirjatan Case pending in the Court below shall proceed as usual.
Farid Ahmed J.- I agree.
This Case is also Reported in: 61 DLR (HCD) (2009) 371.
......le that contains all of our genetic information. By examining DNA molecule and its genetic code, the differences among individual can be scientifically and accurately determined. It is also necessary to have an idea about DNA Paternity Test. A paternity test works by comparing a child’s DNA profil...... that, the Rule Nisi was heard on merit.
3. The facts leading to the issuance of the Rule, in brief, are:
The Bangladesh Jatiyo Mohila Ainjibi Samity (in short, BJMAS) is a group of lawyers providing legal aid to women and children. In 1979, BJMAS started trafficking research, advo..
Category: Women and Children | Date: 14 Aug, 2008 | Hits: 201
....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.
......of the specific provisions giving this jurisdiction may be found
in sections 12, 60, 43, 81, 85(3), 156.197, 233 and 241. The "Court"
referred to in these sections has been defined in section 2(d), according to
which the "Court" means Court having jurisdiction under this Act.
Section 3(1) of the......
Court Division
(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, 2......k Companies and Firms, to show cause as to why the impugned letter dated
8-8-2006 directing the petitioner to take the shelter of legal proceeding
should not be declared to have been issued without lawful authority and is of
no legal effect and why a direction should not be given to the responden..
Category: Company Law | Date: 12 Aug, 2008 | Hits: 18
Idrisur Rahman (Md) Vs. Bangladesh, 2008, 37 CLC (HCD)
....tate violating said Rules of Business. Moreover, serial No. 30, item No. 14 of Schedule I of the Rules of Business (allocation of business) provides that the matters relating to the administration of justice be dealt with by the Ministry of Law. 25. From this legal point of view, the Ministry ......ntly requires objective satisfaction. Further in our Constitution Ordinance making power should be applied as an exceptional method which is obviously subject to judicial scrutiny. Circumstances have accordingly been placed by the respondent to justify the statement that the President was objectivel......hellip;……………………….Respondents Judgment August 7, 2008. Result: The Rule is made absolute in part. Cases Referred to- Secretary, Ministry of Finance vs. Masdar Hossain 52 DLR (AD) 82; Ahsanullah vs. Bangladesh......ticles such as Article 94(4) and 116A mandates the independence of judiciary. Independence of judiciary and supremacy are further consolidated by the Constitution in Article 111 by providing that the law declared by the Supreme Court of Bangladesh is binding on all Courts subordinate to it and that ..Category: Constitutional Law | Date: 7 Aug, 2008 | Hits: 236
Mohammad Nasim Vs. State and another, 2008, 37 CLC (HCD)
....the Lower Court Records. Considering the serious illness endangering life of the accused-appellant as evidenced by the reports of the duly constituted Medical Board we are of the view that ends of justice would be met if the accused-appellant be enlarged on bail. 15. In the result, the app......cal condition of his health; that there is no access to the appellant other than what the family members gathered from various newspaper reports from 25th June,2008 to 27th July,2008 stating that according to the doctors, Nasim has been kept under 72 hours constant observation and his conditio......n case of short-sentence not exceeding 3 years, when the appeal could not be disposed of within 90 working days for no fault of the appellant and/or in the case of serious illness endangering life to be certified by duly constituted Medical Board, may consider the matter of granting bail in an a......) years and to pay a fine of Tk. 10,00,000/- in default to suffer rigorous imprisonment for 1(one) year and also confiscated the properties acquired through improper means, disproportionate to lawful source of income in the name of the appellant and both the sentences shall run consecutive..Category: Criminal Law | Date: 6 Aug, 2008 | Hits: 4
....pellate court without referring the evidence on record and without considering the evidence on record and by misreading of the evidence came to a wrong and preposterous finding occasioning failure of justice which is liable to be interfered by this court. The learned Counsel finally submits tha......1976 and gave permission to cut hill of the extended area. Zafar Ahmed sold 1(one) acre of land out of R.S. Plot No.95 by kabala dated 31.08.1976 to the defendant No.1 and handed over possession accordingly and B.S. Khatian has been published in his name. The plaintiff also purchased .37 d......-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 Tahejuddin Shaikand and others, 5 ...... 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.
..
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. ......Narcotics Control Act, 1990 (Act No. 20 of 1990); section 22(ga) The offences prescribed under the Narcotics Control Act, 1990 are cognizable offence and therefore, the Police has the wide power to investigate the offences under the Act in view of the provisions laid down in Chapter XIV of Part......olice of the offences punishable under this Act will not override by any provisions under this Act. for this reason, an application for quashing the proceedings are not the correct exposition of law. Case Referred to- Kali Pada Sana Vs. The State, 1985 BLD (AD) 278. Lawyers Invol..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. ......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. ......ellip;…………………………Opposite Parties Judgment July 30, 2008. Result: The Rule is discharged. Cases Referred to- Fatema Khatun Vs. Faizal Mia, 21 B.L.D.(H.C) 14; Khurshid Ali and others Vs. Noorjahan Bewa......in favour of the defendant No.5. Thereafter settled the rest land i.e. the land of Schedule-3 land to the plaint remained as khas land which was vested to the Government by due operation of law. During S.A. operation the said land was recorded in R.S. Plot No.106 an area of 1.39 acres and ..Category: Property Law | Date: 30 Jul, 2008 | Hits: 2
Md. Karamot Ali Alias Rafique Alias Rafiqul Islam Vs. The State, 2008, 37 CLC (HCD)
....e Tribunal for a period of 7 years imprisonment against the convict petitioner is severe and harsh which is an abuse of the process of the court. Therefore, he submits that to secure the ends of justice the conviction and sentence is liable to be quashed. In support of the contention learn......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. ......ip;………………………………State Judgment July 30, 2008. Result: The Rule is discharged. Case Referred to- Md. Jahangir Alam alias Zakir Vs. The State, 10 MLR (AD) 335. Lawyers Involved: H......sidyl as alleged by the prosecution was recovered from the possession of the convict petitioner and, thus, this is a case of no evidence. The learned advocate referring the relevant provision of law under section 25B(2) of the Special Powers Act submits that the offence is punishable with impri..Category: Criminal Law | Date: 30 Jul, 2008 | Hits: 5
State Vs. Metropolitan Police Commissioner, Khulna and others, 2008, 37 CLC (HCD)
....coming, but shall not do so where the release of the person shall bring him into association with any reputed criminal or expose him to moral danger or where his release would defeat the ends of justice.” It appears from the order sheet of the Court of the learned Chief Metropolitan Magist......3(2) of the Act, 1974 to do so. In forwarding Arifa to the Court of learned Metropolitan Magistrate, the police officer, S.I. Shibu Prasad Dutta had observed that Arifa was a 10 year old child and accordingly she must be dealt with under the provisions of the Act, 1974. Having said that, he praye......esult: The Rule is disposed of with observations. 1. It is the duty of this Court and all other Courts as well as the other state departments, functionaries and agencies dealing with children, to keep in mind that the best interests of the child (accused or otherwise) must be considered first......ation of the child within the family and so as to enable him/her to assume a constructive role in society. 12. Due consideration must be given to the fact that children come into conflict with the law due to failure of their parents/ guardians or the State to provide adequate facilities for their..Category: Women and Children | Date: 22 Jul, 2008 | Hits: 147
Md. Abdul Jabber Biswas and others Vs. Aysha Khatoon and others, 2008, 37 CLC (HCD)
....oners submits that the courts below committed illegality in allowing the application for preemption being failed to find that the preemption proceeding is not maintainable which occasioned failure of justice. 8. Mr. Mozammel Hoque Bhuiyan, the learned appearing for the opposite parties opposed ......er Court's Records immediately. However, there is no order as to costs. Ed. This Case is also Reported in: 29 BLD (HCD) (2009) 28. ......(Civil Jurisdiction) Present: Md. Miftah Uddin Choudhury J Md. Abdul Jabber Biswas and others…………………Petitioners Vs. Aysha Khatoon and others…………………………&hell......er Court's Records immediately. However, there is no order as to costs. Ed. This Case is also Reported in: 29 BLD (HCD) (2009) 28. ..Category: Property Law | Date: 21 Jul, 2008 | Hits: 3
Md. Abdul Jabber Biswas Vs. Aysha Khatoon and others, 2008, 37 CLC (HCD)
....oners submits that the courts below committed illegality in allowing the application for preemption being failed to find that the preemption proceeding is not maintainable which occasioned failure of justice. 8. Mr. Mozammel Hoque Bhuiyan, the learned appearing for the opposite parties opposed ...... the Lower Court's Records immediately. 13. However, there is no order as to costs. Ed. This Case is also Reported in: 29 BLD (HCD) (2009) 28. ......: Md. Miftah Uddin Choudhury J Md. Abdul Jabber Biswas and others…………………………… Petitioners Vs. Aysha Khatoon and others…………………………&hell...... the Lower Court's Records immediately. 13. However, there is no order as to costs. Ed. This Case is also Reported in: 29 BLD (HCD) (2009) 28. ..Category: Property Law, Tenancy Law | Date: 21 Jul, 2008 | Hits: 5
Reckitt Benckiser (Bangladesh) Ltd. Vs. Oram Limited, Sale Centre, 2008, 37 CLC (HCD)
....tered into between the petitioner and the opposite party an arbitral tribunal of 3(three) arbitrators was constituted. The arbitrators were (1) Mr. Justice Latifur Rahman, former chief justice of Bangladesh (2) Mr. Justice K.M. Hasan, another former chief justice of Bangladesh and (3)......much maintainable and this court can very much see whether the learned District Judge committed any error of law resulting in an error occasioning failure of justice in passing the same and accordingly, we propose to dispose of this revision application on merit. 12. Mr. Rafique-ul-Hu......hellip;……………………….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 In......der section 151 of the Code the revision application is quite maintainable, consequently this Division has the jurisdiction to see as to whether the learned District Judge committed any error of law resulting in an error occasioning failure of justice in passing the same. 7. Since the poin..Category: Alternative Dispute Resolution | Date: 13 Jul, 2008 | Hits: 18
Abdul Hannan Vs. State, 2008, 37 CLC (HCD)
....ession 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 only ......m; that two days after the accused Ashad took him to the fair at Golakandi where he met the informant; that on his query he told him that his father had gone home and that thereafter he came home and according to the confession of the accused Hannan, the villagers recovered the headless dead body an......ility of extra-judicial confession, the Court will consider- (i) The circumstances in which the extra-judicial confession is made; (ii) The manner in which it is made; (iii) The person to whom it is made along with the rules of caution………………&h...... all the circumstances under which confession was made and to ascertain whether it is true and voluntary……………………(49) Principle of criminal law The cherished principles or golden thread of proof beyond reasonable doubt which runs throu..Category: Evidence Law | Date: 29 Jun, 2008 | Hits: 175
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