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State Vs. Secretary, Ministry of Home Affairs, 2010, 39 CLC (HCD)
....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......Jurisdiction) Present: Md. Imman Ali J Md. Abu Tariq J The State..............................Petitioner Vs. The Secretary, Ministry of Home Affairs, Bangladesh Secretariat, Dhaka and others....Respondents. Judgment March 1, 2010. Result: The Rule is disposed of with...... us, a suo-motu Rule was issued calling upon the Secretary, Ministry of Home Affairs to show cause as to how children aged 7, 9 and 14 years are kept in custody in a prison and why they should not be ordered to be released forthwith. At the same time an explanation was sought from the Inspector Gene..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)
....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....... Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 305. ......¦â€¦â€¦â€¦Petitioners Vs. Md. Abdur Rahman Siddique and others………………………….Opposite Parties Judgment February 25, 2010. Result: The leave granting order is made absolute. The Bankruptcy Act, 1997 (Act No. 10 of 1997); section 3 ..Category: Civil Law | Date: 25 Feb, 2010 | Hits: 7
Ayrin Akhter Lypi Vs. Bahadur Khan and another, 2010, 39 CLC (HCD)
....¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦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......Division (Criminal Revisional Jurisdiction) Present: Afzal Hossain Ahmed J Md. Abdul Hye J Ayrin Akhter Lypi……………………………………Petitioner Vs. Bahadur Khan and another………………….Opposite Parties Judgment January 27, 2010. Result: Th...... 339 of 2004. Judgment Afzal Hossain Ahmed J. - This Rule, at the instance of the informant, Ayrin Akhter Lypi, was issued calling upon the opposite parties to show cause as to why the impugned order dated 13.11.2003 passed by the Judge of the Nari-O-Shishu Nirjatan Daman Tribunal, Barisal in ..Category: Women and Children | Date: 27 Jan, 2010 | Hits: 156
Mosammat Rehana Akhter Vs. Rizia Begum and others, 2010, 39 CLC (HCD)
.... 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 ......LD (HCD) (2011) 422. ......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 District Judge, 2nd Court, Chittagong in Miscella..Category: Property Law | Date: 13 Jan, 2010 | Hits: 56
....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......iately.
Ed.
This Case is also Reported in: 30 BLD (HCD)
(2010) 424.
......l No.149 of 2002 affirming those dated 31.01.2002
passed by the learned Joint District Judge, 2nd Court, Dhaka in Title Suit No.278
of 1993 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 of the case are as
f..
Category: Property Law | Date: 6 Jan, 2010 | Hits: 8
Nuvista Pharma Limited Vs. Chairman, National Board of Revenue & ors, 2010, 39 CLC (AD)
.... the Value Added Tax Act, 1991 and they are illegally claiming the additional VAT in violaÂtion 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...... Murad Reza, Additional Attorney General, instructed bv B. Hossain, Advocate-on-Record—For the ResponÂdents. Civil Petition for Leave to Appeal No.2592 of 2010. (From the judgment and order dated 27.10.2010 passed by the High Court Division in Writ Petition No.4968 of 2007.) ...... Murad Reza, Additional Attorney General, instructed bv B. Hossain, Advocate-on-Record—For the ResponÂdents. Civil Petition for Leave to Appeal No.2592 of 2010. (From the judgment and order dated 27.10.2010 passed by the High Court Division in Writ Petition No.4968 of 2007.) Ju..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)
....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......so Reported in:61 DLR (HCD) (2009) 679. ......been using the suit property as his personal property and that the suit was instituted after compliance of for malities. The learned Additional District Judge thereupon came to the conclusion that in order to protect the image of the deity and its property, a committee should be constituted from the..Category: Others, Property Law | Date: 16 Dec, 2009 | Hits: 94
Nirmal Chandra Shaha Vs. The State and others, 2009, 38 CLC (HCD)
.... 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...... This Case is also Reported in: 30 BLD (HCD) (2010) 584. ......Appeal No.6036 of 2009. Judgment Md. Imman Ali J.- This appeal arises out of an application filed by the father of Kanamika @ Kona Shaha for her custody, which was rejected by the impugned order dated 6.07.2009 passed by the learned Judge of the Nari-o-Shishu Nirjatan Daman Tribunal, Laxm..Category: Women and Children | Date: 14 Dec, 2009 | Hits: 150
Government of Bangladesh Vs. Syed Md. Belayet Hossain, 2009, 38 CLC (HCD)
....§ŕ§©(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......d Fazlul Karim J Md. Tafazzul Islam J Md. Joynul Abedin J Surendra Kumar Sinha J The Government of the People's Republic of Bangladesh, represented by the Secretary, Ministry of Education and another..............................Petitioners Vs. Syed Md. Belayet Hossain .................. the petitioners. Syed Mahbubar Rahman, Advocate-on-Record-For the Respondent. Civil Petition for Leave to Appeal No.1889 of 2009. (From the judgment and order dated 11.08.2009 passed by the High Court Division in Writ Petition No.9788 of 2007). Order..Category: Employment/Service Law | Date: 10 Dec, 2009 | Hits: 159
Md. Saiful Islam and others Vs. State and another, 2009, 38 CLC (HCD)
.... 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......LR (HCD) (2010) 420. ......nder section 200 of the Code of Criminal Procedure. On the same date the Tribunal took cognizance of offence against the accused-petitioner and issued warrant of arrest against him by the impugned order dated 19.06.2002 under section 17(1) of Nari-O-Shishu Nirjatan Daman Ain, 2000. The learned T..Category: Women and Children | Date: 8 Dec, 2009 | Hits: 14
Rezaul Kabir (Md.) and another Vs. Bangladesh and others, 2009, 38 CLC (HCD)
....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......CD) (2015) 19 ...... 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 that he be given a reas..Category: Administrative Law, Employment/Service Law | Date: 22 Nov, 2009 | Hits: 3
....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......lso Reported in:
........Petitioner.
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.
..
Category: Constitutional Law | Date: 17 Nov, 2009 | Hits: 6
Md. Jubayer Vs. State and others, 2009, 38 CLC (HCD)
....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 quesÂtion in accordance with law. 29. In the cases of S A Sultan Vs. The State and another reported 44 DLR (AD) 139, Aminur ......urt High Court Division (Criminal) Present: Afzal Hossain Ahmed J Md. Abdus Samad J Md. Jubayer…………………………..Accused-Petitioner Vs. The State and others…………………………….Opposite Parties Judgment November 09, 2009. ......arties 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 wri..Category: Criminal Law | Date: 9 Nov, 2009 | Hits: 128
Zahirul Islam & others Vs. Government of Bangladesh others, 2009, 38 CLC (HCD)
....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......nts Judgment October 28, 2009. Result: this Rule is made absolute. Cases Referred to- Romisa Khanam Vs. Bangladesh 61 DLR 18; Md. Abtab Ali Sheikh Vs. Director of Land Records, 58 DLR 397=11 MLR 226; Capital Co-operative Housing Society Ltd Vs. Bangladesh 45 DLR 2......uth Road by starting LA Case Nos.8/65-66 through the ADC (LA) Dhaka. Subsequently the aforesaid 2.19 acre of land was de-requisitioned by notice dated 24th April 1968. 5. The land covered by the order of derequisition as well as of 4 DP Khatians as mentioned above were wrongly recorded in ..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)
.... 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...... Present: MM Ruhul Amin CJ Mohammad Fazlul Karim J Md. Joynul Abedin J Md. Abdul Matin J Shah Abu Nayeem Mominur Rahman J ABM Khairul Haque J Dr. Mir Jamal Uddin and others..................Petitioners (In Civil Petition No.1158-59 of 2009) Dr. Shafiuddin A......epresented-Respondent Nos.1-2, 5-6, 8-11. (In Civil Petition No.1225 of 2009) Civil Petition For Leave To Appeal Nos.1158-1162 and 1172, 1177, 1183 and 1225 of 2009. (From the Judgment and order dated 23.07.2008 passed by the High Court Division in Writ Petition Nos.2094, 2396, 3365, 361,..Category: Employment/Service Law | Date: 14 Oct, 2009 | Hits: 118
Md. Rezaul Kabir Vs. State and another, 2009, 38 CLC (HCD)
....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...... Present: Afzal Hossain Ahmed J Md. Abdus Samad J Md. Rezaul Kabir………………………..Accused-petitioner Vs. The State and another…………………………..Opposit......de read with Section 5(2) of the Prevention of Corruption Act, 1947, now pending in the Court of Special Judge and Sessions Judge, Mymensingh should not be quashed and/or passed such other or further order or orders as to this Court may seem fit and proper. 2. Facts necessary for disposal of th..Category: Anti-Corruption Laws | Date: 11 Oct, 2009 | Hits: 10
Md. Mainul Haque Bhuyan Vs. Md. Akkas Miah, 2009, 38 CLC (HCD)
.... 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......of the Code. Order VII Rule 11 of the Code prescribed the circumstances when a plaint would be liable to be rejected. In the cause title of the application of this case, the provisions of Sections 13 and 28 were found and relief is prayed for under section 27 of House Rent Control Act, 1991 have bee...... Md. Delwar Hossain J.- This Rule upon an application under section 115(1) of the Code of Civil Procedure was issued calling upon the opposite party to show cause as to why the impugned judgment and order dated 11.4.2007 passed by the learned Joint District Judge, Fifth Court, Dhaka in Miscellaneou..Category: Tenancy Law | Date: 6 Oct, 2009 | Hits: 127
Abdul Latif alias Kahinur alias Kahin and other Vs. State, 2009, 38 CLC (HCD)
.... 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......11) 245. ......am Siddique, Assistant Attorney-General - For the Respondent. Criminal Appeal No.1944 of 2002. Judgment Salma Masud Chowdhury J.- This appeal is directed against the judgment and order dated 17-6-2002 passed by the Nari-o-Shishu Nirjatan Daman, Bishesh Adalat No.3, Naogaon in Na..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)
....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...... Md. Fazlur Rahman J State......................................................................................Petitioner Vs. Secretary, Ministry of Law, Justice & Parliamentary Affairs and others ..........Respondents Judgment September 3, 2009. Result: The Rule is dispose......tting treatment for her from a local clinic, took her for better treatment to the Osmani Medical College Hospital, Sylhet and, thereafter, took her to the Osmani Nagar Police Station on 27.03.2009 in order to lodge a First Information Report (F.I.R.). Police, after recording the case, sent the girl ..Category: Women and Children | Date: 3 Sep, 2009 | Hits: 198
....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......urt Division
(Civil)
Present:
Md. Mamtaz Uddin Ahmed J
Tobarak Ali Bepari…………………………Petitioner
Vs.
Hachen Kha Being
Dead His Heirs 1(A) Razzak Kha and others…………………….Opposite Parties
Judgment
August 25, 2009.
Result...... The Rule was
issued at the instance of the pre-emptee on the following terms:
"Let the
records be called for and a Rule issue calling upon the opposite parties to
show cause as to why the order dated 31.1.1976 passed by the learned District
Judge, Faridpur in Misc. Appeal No.138 of 1975..
Category: Property Law | Date: 25 Aug, 2009 | Hits: 3
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