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Tasmima Hossain Vs. Anti-Corruption Commission and others, 2008, 37 CLC (HCD)
.... authority and as such, of no legal effect and accordingly, quashed so far the petitioner is concerned. Communicate at once. Ed. This Case is also Reported in: 29 BLD (HCD) (2009) 1. ......under section 26 of the ACC Act, 2004 and order under rule 15ঘ of the EP Rules, 2007 was ever served upon the petitioner asking her to submit statements of her assets. If it is so, then the precise questions that are facing us are whether any offence was disclosed against the petitioner under sect......uch, of no legal effect and as to why the rule 15 of the Emergency Powers Rules, 2007 should not be declared be ultra vires of the Emergency Powers Ordinance, 2007 and the Constitution. 2. Short facts for disposal of the Rule are that the petitioner is the wife of Anwar Hossain Monju, former Mi..Category: Anti-Corruption Laws, Criminal Law | Date: 8 Jun, 2008 | Hits: 7
Mst. Phulbanu @ Phul Vs. State, 2008, 37 CLC (HCD)
....w Judicial Magistrate, Bogra, will proceed in accordance with law. Office is directed to communicate the order at once. Ed. This Case is also Reported in: 28 BLD (HCD) (2008) 350. ......w Judicial Magistrate, Bogra, will proceed in accordance with law. Office is directed to communicate the order at once. Ed. This Case is also Reported in: 28 BLD (HCD) (2008) 350. ......out of Sherpur Police Station Case No.11 dated 29-09-2005 under sections 406, 420 of the Penal Code, now pending in the Court of Magistrate, First Class, Bogra, should not be quashed. 2. Short facts leading to this Rule are that on 29-09-2005 one Abbas Ali as informant lodged a first inform..Category: Procedural Law | Date: 5 Jun, 2008 | Hits: 4
Mannan alias Mannan Khan (Md.) Vs. State, 2008, 37 CLC (HCD)
....f the petitioner. Send down the records of this case at once with a copy of judgment for information and necessary action. Ed. This Case is also Reported in: 13 BLC (HCD) (2008) 863. ......f the petitioner. Send down the records of this case at once with a copy of judgment for information and necessary action. Ed. This Case is also Reported in: 13 BLC (HCD) (2008) 863. ......atement must be in conformity with the probability. In a case like this the evidence of P.W.1 calls for corroboration as a rule of prudence, but we do not find any such corroboration. In view of such facts, the evidence of P.W.1 is vulnerable to the credibility. 28. On close analysis of th..Category: Criminal Law | Date: 4 Jun, 2008 | Hits: 2
Md. Emdad Hossain and another Vs. Bangladesh Biman Corporation and others, 2008, 37 CLC (HCD)
....nt, the petitioner obtained this Rule from this Court. 7. Respondent Nos.1 and 2 have filed an affidavit-in-opposition denying all the material allegations made in both the Writ Petitions. The identical stand of these respondents in both the Writ Petitions is that under Regulation 11A(1) of ......82 of 2007. Judgment Syed Mahmud Hossain J.-Writ Petition Nos.479 of 2007 and 5182 of 2007 were heard together and are being disposed of by this common judgment as they do involve common questions of laws and facts. 2. The petitioners of both the Writ Petitions have challenged the......ment Syed Mahmud Hossain J.-Writ Petition Nos.479 of 2007 and 5182 of 2007 were heard together and are being disposed of by this common judgment as they do involve common questions of laws and facts. 2. The petitioners of both the Writ Petitions have challenged the order retiring them f..Category: Procedural Law | Date: 4 Jun, 2008 | Hits: 7
Md. Mannan Alias Mannan Khan Vs. State, 2008, 37 CLC (HCD)
....e petitioner. Send down the records, of this case at once with a copy of judgment for information and necessary action. Ed. This Case is also Reported in: 28 BLD (HCD) (2008) 664. ......e petitioner. Send down the records, of this case at once with a copy of judgment for information and necessary action. Ed. This Case is also Reported in: 28 BLD (HCD) (2008) 664. ......ment must be in conformity with the probability. In a case like this the evidence of P.W.1 calls for corroboration as a rule of prudence, but we do not find any such corroboration. In view of such facts the evidence of P.W.1 is vulnerable to the credibility. 28. On close analysis of th..Category: Criminal Law | Date: 4 Jun, 2008 | Hits: 3
Abul Kashem-al-Asad Vs. Abdul Muhib and others, 2008, 37 CLC (HCD)
....rt of Joint District Judge Second Court, Sylhet is rejected. No order as to costs. Communicate the order at once. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 502. ......r again by declaring their title to the portion in the Suit land as claimed by them. It is true that in some cases it may so happen that without taking evidence it may not be possible to decide the question as to when a Suit is barred by the principle of res judicator. But in the instant case th...... the principle of res judicata within the meaning of section 11 of the Code and, as such, the plaint was liable to be rejected, but the learned Joint District Judge failed to consider the apparent facts as stated in the application for rejection of the plaint which were supported by the documen..Category: Procedural Law | Date: 28 May, 2008 | Hits: 5
Hormuz Sikder & others Vs. Ayub Ali Sikder & others, 2008, 37 CLC (HCD)
....s from the date of receipt of this judgment. There will be no order as to costs. Ed. This Case is also Reported in: 29 BLD (HCD) (2009) 271. ......rived of his legal right of getting his due share in the ejmali property and in the instant case there being no previous partition of the suit land by metes and bounds amongst the co-sharers the question of rejection of the plaint does not arise at all and the learned Joint District Judge ......s from the date of receipt of this judgment. There will be no order as to costs. Ed. This Case is also Reported in: 29 BLD (HCD) (2009) 271. ..Category: Property Law | Date: 26 May, 2008 | Hits: 3
Harmuj Sikder & others Vs. Ayub Ali Sikder & others, 2008, 37 CLC (HCD)
....preferably within 6(six) months from the date of receipt of this judgment. There will be no order as to costs. Ed. This Case is also Reported in: 28 BLD (HCD) (2008) 457. ......eprived of his legal right of getting his due share in the ejmali property and in the instant case there being no previous partition of the suit land by metes and bounds amongst the co-sharers the question of rejection of the plaint does not arise at all and the learned Joint District Judge righ......preferably within 6(six) months from the date of receipt of this judgment. There will be no order as to costs. Ed. This Case is also Reported in: 28 BLD (HCD) (2008) 457. ..Category: Property Law | Date: 26 May, 2008 | Hits: 7
Abul Kalam Azad (Md.) Vs. State and another, 2008, 37 CLC (HCD)
.... Metro Sessions Case No. 152 of 2007 pending in the court of Metropolitan Assistant Sessions Judge, 5th Court, Dhaka is quashed. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 91. ......has been held that "any director in Rule-3 need not be same who verified a pleading or on whom summons has been served. He can be any one of the directors who will be in a position to answer material questions relating to the suit. In the case of Rambhan Vs. Vinkar Co-operative Society, Cheda AIR 19...... Metro Sessions Case No. 152 of 2007 pending in the court of Metropolitan Assistant Sessions Judge, 5th Court, Dhaka is quashed. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 91. ..Category: Banking Law | Date: 22 May, 2008 | Hits: 227
Mohd. Showkot Ali Vs. National Board of Revenue and others, 2008, 37 CLC (HCD)
....l authority and as such, of no legal effect and is accordingly, quashed for the ends of justice. Communicate at once. Ed. This Case is also Reported in: 28 BLD (HCD) (2008) 455. ......l authority and as such, of no legal effect and is accordingly, quashed for the ends of justice. Communicate at once. Ed. This Case is also Reported in: 28 BLD (HCD) (2008) 455. ......) of the Prevention of Corruption Act, 1947 now pending before the Senior Special Judge at Dhaka should not be declared to be without any lawful authority and of no lawful authority. 2. Short facts for disposal of the Rule are that one Mirza Azam, Member of Parliament, in short, MP importe..Category: Criminal Law | Date: 18 May, 2008 | Hits: 3
Mrs. Shahida Khatun and another Vs. Zafrul Hasan and State, 2008, 37 CLC (HCD)
..... 19. Office is directed to send down the record of the case with a copy of Judgment for information and necessary action. Ed. This Case is also Reported in: 17 MLR (HCD) (2012) 463. ...... no prosecution would lie. Since according to the petition of complaint the accused petitioner totally denied the receipt of trucks under agreement and refused to pay the outstanding instalments. The question of civil liability does not arise. 10. In the case, Abdur Rahim @ ANM Abdur Rahim Vs. ......Class Jessore, in C.R. Case No.549 of 2003 framing charge under sections 406, 420 of the Penal Code, now pending in the Court of Magistrate, First Class, Jessore, should not be quashed. 2. Short facts leading to this Rule are that the opposite party No.1 as complainant filed C.R. Case No.549 of..Category: Procedural Law | Date: 18 May, 2008 | Hits: 41
....a copy of this order be sent to the Election Commission at once for guidance and necessary action
Md. Ashfaqul Islam J.- I agree
Ed.
This Case is also Reported in: 60 DLR (HCD) (2008) 407.
......f Bangladesh, in connection with his letter dated 11-06-07 that a letter dated 14-06-07 under the signature of the Chief Election Commissioner was sent to the Chief Adviser for urgent decision on the question of said Urdu-speaking people. A copy of said letter of the Chief Election Commissioner was ...... not to appear. Mr. Deputy Attorney-General who appeared, ultimately told us that nothing happenned upon such requisition of the Election Commission.
26. Now, the issue that arose on the aforesaid facts and deserves consideration is, whether or not Urdu-speaking living in different camps set up b..
Category: Election Law | Date: 18 May, 2008 | Hits: 122
Zakir Hossain and another Vs. Md. Yousuf Kabir and others, 2008, 37 CLC (HCD)
....s confirmed. There will be no order as to costs. Send down the lower court's record immediately. Ed. This Case is also Reported in: 29 BLD (HCD) (2009) 347. ......sion. The leave petition was dismissed by the Appellate Division observing as under: "The learned Subordinate Judge in dismissing the suit, interalia, found that since complicated question of law as well as facts was involved in the suit a simple suit for permanent injunction was......s dismissed by the Appellate Division observing as under: "The learned Subordinate Judge in dismissing the suit, interalia, found that since complicated question of law as well as facts was involved in the suit a simple suit for permanent injunction was not maintainable and ..Category: Property Law | Date: 13 May, 2008 | Hits: 5
Abdul Alim @ Chutta and another Vs. State, 2008, 37 CLC (HCD)
....ody if they 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: 15 MLR (HCD) (2010) 476. ......ody if they 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: 15 MLR (HCD) (2010) 476. ...... of the State an application for cancellation of bail of the petitioners and for discharge of the Rule was filed. 3. Both sides are heard together and disposed of by this Judgment. Short facts leading to this Rule are that on 12-04-2006 Md. Jamal Miah as complainant filed a Petition of..Category: Criminal Law | Date: 13 May, 2008 | Hits: 9
Shrimp and Fish Processing Plant Ltd. Vs. National Bank Limited and others, 2008, 37 CLC (HCD)
....he order of stay granted earlier by this Court stands vacated. Communicate the order to the Adalat concerned at once. Ed. This Case is also Reported in: 28 BLD (HCD) (2008) 503. ...... 8. Mr. M. Saleem Ullah, finally contends that whether the transaction made in between the parties comes within the definition of loan as per provision of section 2 (kha) of the Ain is a disputed question of fact requiring evidence to be decided does not fall within the ambit of writ jurisdicti......s Court and obtained the present Rule. 6. Mr. Rokan Uddin Mahmud, the learned Advocate appearing for the petitioner submits that the learned Judge of the Adalat under misconception of law and facts without appreciating the matter from a correct angle most illegally and mechanically passed..Category: Procedural Law | Date: 4 May, 2008 | Hits: 9
Kazi Ramimul Islam Vs. State, 2008, 37 CLC (HCD)
....ul Islam is discharged from his respective bail bond. Send down the lower Court records along with a copy of Judgment expeditiously. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 6. ......iranjan has not been proved and as such, the charge of abetment against the accused appellant Ranimul Islam does not stand. 56. In the case of abduction, conspiracy before abduction is a pertinent question. It is alleged that accused Niranjan made conspiracy with the accused appellant Ranimul Isl......ation of the P.Ws. and the suggestions put forward on his behalf is that he is innocent and he has been falsely implicated in the case out of previous enmity and grudge. 8. On consideration of the facts and circumstances of the case and evidence on record, the learned Judge, was pleased to award ..Category: Women and Children | Date: 4 May, 2008 | Hits: 151
Kazi Ranimul Islam Vs. State, 2008, 37 CLC (HCD)
....imul Islam is discharged from his respective bail bond. Send down the lower Court records along with a copy of judgment expeditiously. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 6.......iranjan has not been proved and as such, the charge of abetment against the accused appellant Ranimul Islam does not stand. 56. In the case of abduction, conspiracy before abduction is a pertinent question. It is alleged that accused Niranjan made conspiracy with the accused appellant Ranimul Isl......tion of the P.W.s. and the suggestions put forward on his behalf is that he is innocent and he has been falsely implicated in the case out of previous enmity and grudge. 8. On consideration of the facts and circumstances of the case and evidence on record, the learned Judge, was pleased to award ..Category: Women and Children | Date: 4 May, 2008 | Hits: 8
Jewel Cotton Spinning and Weaving Mills Ltd. Vs. Bangladesh & others, 2008, 37 CLC (HCD)
....d with cost. The trial Court is directed to dispose of the suit preferably within three months from the date of receipt of the order. Ed. This Case is also Reported in: 13 BLC (HCD) (2008) 572. ......ntiff not to file the documents as prayed for by the defendants holding that if the suit is not disposed of within stipulated time, the suit under Artha Rin Adalat Ain does not abate. 14. The moot question arises in the instant suit is, that whether the stipulated time for disposal of a suit as......tiff in filing the documents. 3. The respondent No.4, Bank filed Other Class Suit No.59 of 1989. Subsequently, renumbered as 40 of 2004 now pending before the Artha Rin Adalat, Natore. 4. Short facts of the case of the plaintiff-respondent No.4 is that petitioner obtained loan against sancti..Category: Civil Law | Date: 24 Apr, 2008 | Hits: 62
Chairman, Bangladesh Water Development Board Vs. Md. Abdur Rahman, 2008, 37 CLC (HCD)
....he Courts below stand maintained. Send down the lower Court's record and a copy of the judgment and order to the Court concerned. Ed. This Case is also Reported in:61 DLR (HCD) (2009) 42. ......r the plaintiff is an employee or not were decided by the Courts below and these findings of facts already arrived by the Courts below initially, would not be interfered by the provisional Court. The question whether the plaintiff was a worker under the labor law or is an employee of the Board is co...... Md. Khalilur Rahman, the learned Advocate for the opposite party, files a counter affidavit and submits that the plaintiff has succeeded to prove his case before the Courts below and considering the facts, circumstance and evidence on record, the trial Court decreed the suit and the lower appellate..Category: Employment/Service Law | Date: 24 Apr, 2008 | Hits: 50
M. Shafuqul Alam and others Vs. Qazi Rafiq Ahmed and others, 2006, 35 CLC (HCD)
....ed. Communicate the order at once to the Court of learned Senior Assistant Judge, Sylhet for his information and necessary action. Ed. This Case is also Reported in: 14 MLR (HCD) (2009) 476. ...... plain reading of the above section, it appears that the relief as contemplated under this provision of law is one of discretionary nature which depends on the satisfaction of the Court. Now the only question that calls for determination by this Court is as to whether the defendant-petitioners have ......ed. Communicate the order at once to the Court of learned Senior Assistant Judge, Sylhet for his information and necessary action. Ed. This Case is also Reported in: 14 MLR (HCD) (2009) 476. ..Category: Procedural Law | Date: 12 Apr, 2008 | Hits: 40
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