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Khairul Amin and others Vs. Md. Saidul Hoque & another, 2008, 37 CLC (HCD)
....000 for the delay in the disposal of the suit. 1 therefore, find no illegality or infirmity in the impugned decision of the provisional Court resulting in erroneous decision occasioning failure of justice and interference under section 115(4) of the Code of Civil Procedure is not called for. ......ed standard signature of the defendant and found dissimilarity in the defendant's signature with the signature of the defendant appearing on the written statement and the Vokalatnama. The plaintiff accordingly filed an application for a fresh examination of the handwriting of the defendant with h......…………….Petitioners Vs. Md. Saidul Hoque & another.............Opposite Parties Judgment June 19, 2008. Result: The Rule is discharged without any order as to costs. Lawyers Involved: Saifur Rahman, Advocate — For the Petitioner. Md. Ba...... 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. ..Category: Evidence Law | Date: 19 Jun, 2008 | Hits: 8
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. ....... 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. ......Accused Appellants Vs. Nasima Khatun and another……………………….....Respondents Judgment June 18, 2008. Result: The appeal is allowed. Cases Referred to- Managing Director, Rupali Bank Vs. Tafazal Hossain, 44 DLR (AD) 260; Wolverhampton New Wate......re the Nari-o-Shishu Nirjatan Daman Tribunal, Thakurgaon and the same was also summarily rejected on 15-11-2006. Suppressing these facts the complainant filed the instant case which is barred under law. After hearing, the learned Tribunal by the order dated 5-8-2007 framed charge under sections 11..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. ......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. ...... Artha Rin Adalat since there being specific provision in the statute for filing appeal against such judgment and decree passed…………………………….(20) Where an alternative statutory remedy is available, an application under Article 102 of the Constitution may not be entertain......Artha Rin Suit No.470 of 2004. 2. Material fact relevant for disposal of this Rule is that the petitioner is a Public Company Ltd by shares and is engaged in the business of banking as per law of the land having its registered office at 10, Dilkusha C/A (Jiban Bima Tower), Dhaka. The pe..Category: Civil Law | Date: 17 Jun, 2008 | Hits: 7
Nadia Khalil Vs. Rudess Karim, 2008, 37 CLC (HCD)
....case, the learned judge must not rely upon un-proven allegation. Such an act of reliance on an unproven allegation for rejecting a prayer of a party of the litigation violates all norms of age old justice delivery system prevailing in human civilization. This reliance somehow amounts to indica......ision of the said section, is absent before the family Judge and as such the order of the family judge was a palpable illegality which the learned District Judge, Dhaka, correctly appreciated and accordingly stayed the said order at the initiation of the Family Appeal No.32 of 2008 which, bein...... The Family Courts Ordinance 1985 (Ordinance No. XVIII of 1985); section 16A Condition precedent for invoking section 16A Section 16A of the Ordinance has empowered the family court to exercise discretion in respect of passing any interim order since the exercise of power under th......sequently allowing the father Mr. Rudess Karim to retain the custody of the minor girl Radyna Karim with him erroneously, failed to consider the point that as per the Hanafi School of Mohammedan law the mother is entitled to the full custody of the girl child until the minor attain the puber..Category: Family Law | Date: 17 Jun, 2008 | Hits: 19
Golam Md. Shiblee Vs. Second Labor Court, 2008, 37 CLC (HCD)
....d by the petitioner which is illegal and without lawful authority. He further submits that the Labors Court only can see whether the Inquiry Officer acted unfairly or against the principle of natural justice or did not follow the procedure laid down in sub-section (1) of section 18 of the Employment......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. ....... Second Labor Court ……………………..........................................Respondents Judgment June 17, 2008. Result: The Rule is discharged without any order as to cost. Case Referred to- James Finally PLC Vs. Chairman 2nd Labors Court, 57 DLR (AD) 19......ing upon the respondent Nos. 1 and 2 to show cause as to why the 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 petitio..Category: Labour and Industrial Law | Date: 17 Jun, 2008 | Hits: 30
State Vs. Ershad Sheikh, 2008, 37 CLC (HCD)
.... was put on trial in the Nari-o-Shishu Nirjatan Daman Tribunal, Faridpur, where charge under section 11 (ka) of the Ain was framed against the accused, to which accused pleaded innocence and demanded justice. 5. The defence case as it appears from the trend of cross-examination of the prosecution......nt) Ordinance, 1983 for causing death for dowry by the Special Tribunal. In appeal against that judgment and order a Division Bench of this Court found that causing death for dowry was not proved and accordingly the case was sent for fresh trial of the offence punishable under section 302 or 304 of ......Appellant Vs. Ershad Sheikh……………………Condemned-Prisoner Judgment June 17, 2008. Result: The reference is rejected. The jail appeal is allowed. Cases Referred to- State Vs. Mannan Gazi, 6 BLC 187; Asiman Begum Vs. State, 51 DLR (AD) 18; 51 DLR (AD) 18; Abd......llage five years before the occurrence. On their wedlock Sumi gave birth of a daughter named Tanjera. Accused Ershad with his wife Sumi and daughter Tanjera used to live in the house of his mother-in-law, informant Amena. The accused was a mason by profession. On 21-4-2004 in the morning the accus..Category: Women and Children | Date: 17 Jun, 2008 | Hits: 157
AKM Nazimuddin Vs. Md. Delwar Hossain and others, 2008, 37 CLC (HCD)
....ng him to make deposit of the balance consideration money was liable to be allowed and the appellate Court has committed an error of law resulting in an error in the decision occasioning a failure of justice in rejecting the prayer for amendment. (ii) the pre-emptor being a co-sharer in respect......t the opposite party also submitted an application under Order XXXIX, rule 7 of the Code of Civil Procedure for holding local inspection to ascertain the nature of the land under pre-emption and accordingly, an Advocate Commissioner was appointed who submitted report contending, inter alia, tha......hers…………………………..Opposite Parties Judgment June 11, 2008. Result: The Rule is discharged. Cases Referred to- Akhterun Nessa Vs. Habibullah, 31 DLR (AD) 91; Karimunessa Begum Chowdhurani Vs. Niranjan C......r seeking amendment of the plaint before the appellate Court allowing him to make deposit of the balance consideration money was liable to be allowed and the appellate Court has committed an error of law resulting in an error in the decision occasioning a failure of justice in rejecting the prayer f..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. ......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. ......oner Vs. Chairman, National Board of Revenue and others………………Respondents Judgment June 11, 2008. Result: These Rules are made absolute without any order as to cost. Lawyers Involved: Omar Sadat, Advocate — For the Petitioner. Sathika Hu...... 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 2006 Rule was issued ca..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. ......05 and 149 of 2007 that circumstances were altered greatly at the time of the disposal of those two Maters from those that were prevailing when those Matters were admitted for hearing and submit accordingly that there is no reason why a similar appreciation of facts and circumstances may not e...........Petitioner (In Matter No.05 of 2008) Vs. United Commercial Bank Ltd., 60 Motijheel Commercial Area, Dhaka represented by Mirza Mohammad Rofiqur Rahman, Secretary, Board of Directors and others...............................................Respondents (In Matter Nos.01, 10 and......or the years 2003 and 2004 as per a SEC directive dated 4.9.2005 which has already been declared by this Court in its judgment in Matter Nos.134 of 2005 and 149 of 2007 to have been issued without lawful authority. It is submitted further that at that earlier date when the meetings for the yea..Category: Company Law | Date: 11 Jun, 2008 | Hits: 43
Haji Nasirullah and another Vs. Government of Bangladesh and others, 2008, 37 CLC (HCD)
....ed. No order as to costs. The Rule issued in Writ Petition No.3071 of 2008 is discharged without any order as to costs. Ed. This Case is also Reported in: 29 BLD (HCD) (2009) 7. ...... query, the petitioner came to know that notices under sections 3, 4, 5 and 6 of the Ordinance were not issued/served upon the petitioner in L.A. Case No.01/2007-2008. Without executing any agreement according to section 15(1) of the Ordinance, the L.A case was started. Notices under sections 3 and ...... Vs. Government of Bangladesh and others............Respondents Judgment June 12, 2008. Result: Writ Petition No.1448 of 2008 and 3071 are disposed of. Cases Referred to- M. A. Salam Vs. Government of the People's Republic of Bangladesh represented by the Se...... 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.1/2007-2008 t..Category: Property Law | Date: 8 Jun, 2008 | Hits: 11
Tasmima Hossain Vs. Anti-Corruption Commission and others, 2008, 37 CLC (HCD)
....le 102(2) of the Constitution and obtained the above Rule on 07.01.08, when no process of any Court was ever issued against her and it would be wrong to say that the petitioner was 'fugitive from justice' at the time. In support, he cited Shafiqul Islam Shimul (Md.) Vs. Bangladesh, (2004) 56...... citizen of Bangladesh only. 28. A Division Bench of this Division in the case of Shafiqul Islam Shimul held that- "Moreover an action taken without lawful authority can be challenged, according to us, by an aggrieved person on an application under Article 102 of the Constitution, and......p;…………………….......................Respondents Judgment June 08, 2008. Result: The Rule is made absolute. Cases Referred to- Shafiqul Islam Shimul (Md.) Vs. Bangladesh, (2004) 56 DLR 239; Monsur Ali (Md.) and other V......nding to Dhanmondi PS Case No.20 of 2007 dated 07.10.07 then pending before the Court of Chief Metropolitan Magistrate at Dhaka should not be declared to have been initiated and continued without any lawful authority and as such, of no legal effect and as to why the rule 15 of the Emergency Powers R..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. ...... the promise of sending someone abroad on employment, the allegation prima facie attracts the mischief of the Penal Code. The Special Court under The Emigration Ordinance, 1982 is not authorised to try any offence either under section 406 or under section 420 of the Penal Code far less exclu......tion he refers the case of Managing Director, Rupali Bank Limited and others Vs. Tafazal Hossain and others reported in 44 DLR (AD) 260 wherein it has been held: "Relation between general law and special law availability of remedy if any legal remedy is ordinarily available under both..Category: Procedural Law | Date: 5 Jun, 2008 | Hits: 4
Mst. Parvin Rahman Vs. Moniruzzaman and others, 2008, 37 CLC (AD)
.... Advocate for the complainant petitioner may take steps in the concern tribunal for their security in the Court and other places but on that ground it is not proper to transfer the case but old maxim justice should not only be done, but should manifestly and undoubtedly be seen to be done.’ The le......above, we find no substance in the submissions of the learned Advocate for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 16 BLT (AD) (2008) 311.......Mahbubar Rahman, Advocate-on-Record- For the Petitioner. Bivash Chandra Biswas, Advocate-on-Record- For Respondent No. 1. None represented-For Respondent No. 2 Criminal Petition for Leave to Appeal No. 396 of 2007. Judgment Mohammad Fazlul Karim J.- Mst. Parvin Rahman seeks Leave......ari-O-Shishu Nirjatan Daman Ain, 2000 vide order dated 18.05.2003. 4. Mr. S.N. Goswami, learned Advocate, appearing for the petitioner submitted that the High Court Division committed an error of law in not given effect the apprehension expressed by the complainant appellants engage lawyers Mr. ..Category: Women and Children | Date: 5 Jun, 2008 | Hits: 109
Mannan alias Mannan Khan (Md.) Vs. State, 2008, 37 CLC (HCD)
....dly, the learned Judge of the Tribunal failed to weigh and sift the evidence on record as required by law and evidently fell in an error in coming to his ultimate decision occasioning failure of justice. 10. Mr. Osman Gani, the learned Assistant Attorney-General appearing for the respon&sh......Special Tribunal Case No.17 of 2007 arising out of Nagarkanda Police Station Case No.7 dated 22-1-2007 corresponding to GR Case No.7 of 2007 is hereby set aside. The appellant is found not guilty and accordingly he is acquitted of the charge under section 25(1) Part-II of the Special Powers Act.........Convict-Appellant Vs. State.......................................................Respondent Judgment June 4, 2008. Result: The appeal is allowed. Case Referred to- Md. Amir Hossain Vs. State, 28 DLR 371. Lawyers Involved: Syed Mizanur Rahman, Ad......ept the diesel and kerosene for the purposes other than gain whether financial or otherwise. Secondly, the learned Judge of the Tribunal failed to weigh and sift the evidence on record as required by law and evidently fell in an error in coming to his ultimate decision occasioning failure of ju..Category: Criminal Law | Date: 4 Jun, 2008 | Hits: 2
Md. Emdad Hossain and another Vs. Bangladesh Biman Corporation and others, 2008, 37 CLC (HCD)
....ervice are declared to have been passed without lawful authority having no legal effect. There is no order as to costs. Ed. This Case is also Reported in: 28 BLD (HCD) (2008) 461. ......g 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 from service according to Regulation 11A (2) of the Bangladesh Biman Corporation Employees (Service) Regulations......on and others…………………………………… Respondents Judgment June 4, 2008. Result: The Rules are made absolute. Amendment of a plaint dates back to the filing of the suit. But the amendment of a substantive law by way of repeal or addition cann......dents Judgment June 4, 2008. Result: The Rules are made absolute. Amendment of a plaint dates back to the filing of the suit. But the amendment of a substantive law by way of repeal or addition cannot date back to the date of its legislation unless expressly ..Category: Procedural Law | Date: 4 Jun, 2008 | Hits: 7
Md. Mannan Alias Mannan Khan Vs. State, 2008, 37 CLC (HCD)
....ondly the learned Judge of the Tribunal failed to weigh and sift the evidence on record as required by law and evidently fell in an error in coming to his ultimate decision occasioning failure of justice. 10. Mr. Osman Gani, the learned Assistant Attorney General appearing for the resp......Tribunal Case No.17 of 2007 arising out of Nagarkanda Police Station Case No.07 dated 22-01-2007 corresponding to G.R. Case No.07 of 2007 is hereby set aside. The appellant is found not guilty and accordingly he is acquitted of the charge under section 25(1) Part-II of the Special Powers Act, ......e………………………………………………………………………………..Respondent Judgment June 4, 2008. Result: The Appeal is allowed. Case Referred to- Md. Amir Hossain Vs. The State, 28 DLR 371. Lawyers Involved: Syed Mizanur Rahma......t the diesel and kerosene for the purposes other than gain whether financial or otherwise. Secondly the learned Judge of the Tribunal failed to weigh and sift the evidence on record as required by law and evidently fell in an error in coming to his ultimate decision occasioning failure of just..Category: Criminal Law | Date: 4 Jun, 2008 | Hits: 3
Abul Kashem-al-Asad Vs. Abdul Muhib and others, 2008, 37 CLC (HCD)
....s stated in the application for rejection of the plaint which were supported by the documents filed before him by first and thus committed error of law resulting in an error occasioning failure of justice in passing the impugned orders and, as such, the same are liable to be set aside and the pl......en statement. In the said Suit saham was given to Abdus Sobhan who was defendant No. 2 and after his death present defendants Nos. 1 and 2 filed application for substituting them in his place and accordingly, they were substituted as defendants No. 2 (ka) and 2 (kha) and the share allotted to s......ner. No one appears — For the Opposite Parties. Civil Revision No. 2670 of 2004. Judgment MA Wahhab Miah J.- This Rule was issued calling upon opposite parties No. 1-6 to show cause as to why the orders dated 17-4-2002 and 17-4-2003 passed by the Joint District Judg...... Rule is made absolute. In considering an application or a prayer made by a party the court will see the contents of the application and it can give a relief under the appropriate law even if a wrong provision of law is quoted or mentioned………………………….(8) ..Category: Procedural Law | Date: 28 May, 2008 | Hits: 5
Hormuz Sikder & others Vs. Ayub Ali Sikder & others, 2008, 37 CLC (HCD)
....was liable to be rejected. But the learned Additional District Judge totally failed to consider the said provisions of law and thus committed error of law resulting in an error occasioning failure of justice in passing the impugned order. Mr. Faruque Ahmed further submitted that besides the sai......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. ......ties Judgment May 26, 2008. Result: The Rule is discharged. It is an admitted legal position that there is no limitation for filing a suit for partition and unless there is a total ouster of the right of a co-sharer from the ejmali property he shall be deemed to be in ejmali......ling a fresh suit within the meaning of the said rule of the Code, so the plaint was liable to be rejected. But the learned Additional District Judge totally failed to consider the said provisions of law and thus committed error of law resulting in an error occasioning failure of justice in pass..Category: Property Law | Date: 26 May, 2008 | Hits: 3
Harmuj Sikder & others Vs. Ayub Ali Sikder & others, 2008, 37 CLC (HCD)
.... liable to be rejected. But the learned Additional District Judge totally failed to consider the said provisions of law and thus committed error of law resulting in an error occasioning failure of justice in passing the impugned order. Mr. Faruque Ahmed further submitted that besides the said pr......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. ...... Judgment May 26, 2008. Result: The Rule is discharged. The Code of Civil Procedure, 1908 (Act No. V of 1908); Order 9, rule 8 Whether the cause of action to bring a suit for partition subsists even after dismissal of the earlier suit for default under r......nue unless the other co-sharers give the plaintiff his due share partitioning the suit land by metes and bounds………………(6) Public policy is equivalent to "policy of the law". And "policy of the law" cannot be to deprive a person from his legitimate share in the ejmali..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. ......Any" has been interpreted in different laws as to the intents of the statutes or the law. In the Law Lexicon by Pramantha Aiyar and has been interpreted as word 'any' may have one of several meanings according to the circumstances, it may mean all, each, every, some or one or more out of several. It..........Opposite parties Judgment May 22, 2008. Result: The Rule is made absolute. Words and phrases Any The word “any” used with singular countable nouns refers to one of a number of things or people when it does not matter which one. [Oxford Advanced Learner's......ingular countable nouns refers to one of a number of things or people when it does not matter which one. [Oxford Advanced Learner's Dictionary, Sixth Edition]. "Any" has been interpreted in different laws as to the intents of the statutes or the law. In the Law Lexicon by Pramantha Aiyar and has bee..Category: Banking Law | Date: 22 May, 2008 | Hits: 227
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