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Nirmal Chandra Shaha Vs. The State and others, 2009, 38 CLC (HCD)
....liance to the Registrar of this Court. With the above directions and observations, the appeal is allowed. Naima Haider J. - I agree. This Case is also Reported in: 30 BLD (HCD) (2010) 584. ...... This Case is also Reported in: 30 BLD (HCD) (2010) 584. ......lawful guardian of his minor wife. She also pointed out that according to the Hindu Minority and Guardianship Act, 1966 (an Indian Statute), section 6(c) states that in the case of a married girl the natural guardian is the husband. She also pointed out from the commentary in Showkat Mahmood's "Guar..Category: Women and Children | Date: 14 Dec, 2009 | Hits: 150
Rezaul Kabir (Md.) and another Vs. Bangladesh and others, 2009, 38 CLC (HCD)
....ave been passed without any lawful authority and is of no legal effect. There will be no order as to costs. Ed. This Case is also Reported in: 67 DLR (HCD) (2015) 19 ......CD) (2015) 19 ......ugh in the appointment letters it has been stated that the employment of the petitioners may be cancelled without serving any show cause notice but the requirements of compliance of the rules of natural justice cannot be excluded nor can be excluded by a statutory provision. Furthermo..Category: Administrative Law, Employment/Service Law | Date: 22 Nov, 2009 | Hits: 3
State Vs. Secretary, Ministry of Law, Justice & Parliamentary Affairs and others, 2009, 38 CLC (HCD)
.... judgment is circulated to all Judicial Officers in the service of the Republic. Md. Fazlur Rahman J. - I agree. This Case is also Reported in: 30 BLD (HCD) (2010) 369; 15 MLR (HCD)(2010) 59. ...... 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......lication from the parents is necessary, and under that misconception ordered the girl to be held in safe custody, acted illegally and inhumanely in the facts and circumstances of the case. It is only natural that the best interests of a seven year old child can only be served when she is allowed to ..Category: Women and Children | Date: 3 Sep, 2009 | Hits: 198
Dr. Mohiuddin Khan Alamgir Vs. ACC and another, 2009, 38 CLC (HCD)
....d. Since the appellant is on bail, let him be released from the bail bond. Send down the lower Court records at once. Ed. This Case is also Reported in: 15 BLC (HCD) (2010) 107. ...... Court Division (Criminal Appellate Jurisdiction) Present: SM Dastagir Husain J Md. Raisuddin J Dr. Mohiuddin Khan Alamgir.................Convict-Appellant Vs. ACC and another....................Respondents Judgment July 13, 2009. Result: The a...... 110. The learned Additional Attorney-General submitted that the Parliament has not ratified the Ordinance which effected amendment in section 18 inserting sub-section (2) therein which suffered natural death. He submitted that the notice issued under section 26 of the said Act is void ab initi..Category: Anti-Corruption Laws | Date: 13 Jul, 2009 | Hits: 286
Agrani Bank Vs. Md. Abdul Khaleque & another, 2009, 38 CLC (HCD)
....dismissed, the judgment and the decree of the trial court is hereby set aside. Send down the L.C. record immediately. Md. Abu Tariq J.- I agree. Ed. This Case is also Reported in:...... No one appears-For the respondents. First Appeal No. 9 of 1997. Judgment Mashuque Hosain Ahmed J.- This appeal preferred by the plaintiff-appellant against the impugned judgment and decree dated 10.10.1995 passed by the Sub-Judge and Artha Rin Adalat, 2nd Court, Netrokona in Ar...... defendant has denied for getting the above memo considering the subsequent events as disclosed in the evidences on record. It transpired that the loanee defendant was put in helpless position due to natural calamities and due to fire in his house. The learned Trial Court also found that the plainti..Category: Banking Law | Date: 23 Jun, 2009 | Hits: 153
Emran Ahmed & 20 anothers Vs. Bangladesh and others, 2009, 38 CLC (HCD)
....iority, back wages and other privileges within 30 days of receipt of a copy of this Judgment. There will be no order as to costs. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 213. ......t High Court Division (Special Original Jurisdiction) Present: Tariq ul Hakim J Md. Azizul Haque J Emran Ahmed & 20 anothers…………….....Petitioners Vs. Bangladesh and others…………………Respondents Judgment June 2, 2009. Result: All the Rules ......iority, back wages and other privileges within 30 days of receipt of a copy of this Judgment. There will be no order as to costs. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 213. ..Category: Employment/Service Law | Date: 2 Jun, 2009 | Hits: 35
State Vs. Anjali Debi alias Monju Debi, 2009, 38 CLC (HCD)
....ent to Begum Amirun Nesa, the then Judge of Nari-o-Shishu Nirjatan Daman Tribunal, Pabna, immediately at her present posting. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 738. ......…............................Appellant Vs. Anjali Debi alias Monju Debi………….Condemned Prisoner Judgment May 5, 2009. Result: The Death Reference is rejected and connected Criminal Appeal with the Jail Appeal is allowed. The Nari-o-Shishu Nirjata......om the year 1983 up to 2003, special laws have been promulgated by the Government for safety of woman's body, but there is no achievement, rather parallel laws are running in Bangladesh. Principle of natural justice speaks that when there are two parallel laws, harsh law should not be applied to an ..Category: Women and Children | Date: 5 May, 2009 | Hits: 75
Zahida Ahmed (Liza) Vs. Syed Noor Uddin Ahmed and another, 2009, 38 CLC (HCD)
.... There is no order as to costs. Quamrul Islam Siddiqui J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 168, 29 BLD (HCD) (2009) 375, 14 MLR (HCD) (2009) 465. ...... Hossain J Quamrul Islam Siddique J Zahida Ahmed (Liza)……………………………Petitioner Vs. Syed Noor Uddin Ahmed and another……………………………&......he Muslims living there. But the British Prime Minister Gordon Brown believed that British law should be based on British values. (Internet edition of BBC news dated 7.2.2008). Father is not even the natural guardian in U.K where Children Act, 1989 in section 2(4) provides that the rule of law that ..Category: Family Law, Women and Children | Date: 16 Mar, 2009 | Hits: 182
....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.
......)
Present:
Syed Mahmud Hossain J
Farid Ahmed J
Bangladesh Jatiyo Mahila Ainjibi Samity (BJMAS)....... ....Petitioner
Vs.
Ministry of Home Affairs and Others.............. Respondents
Judgment
August 14, 2008.
Result:&nb......as the welfare of the child at the time appears to require. In short, the child’s welfare is the supreme consideration, irrespective of the rights and wrongs of its contending parents, although the natural rights of the parents are entitled to due consideration.”
31. The above paragraph..
Category: Women and Children | Date: 14 Aug, 2008 | Hits: 201
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. ......pecial Original Jurisdiction) Present: Md. Imman Ali J Md. Emdadul Huq J The State.......................................Petitioner Vs. The Metropolitan Police Commissioner, Khulna and others..............Respondents Judgment July 22, 2008. Result: The Rule is disposed......en to assist the parents to mend their ways and to provide a congenial atmosphere for the proper development of the child. 8. If a child is detained or placed in the care of someone other than the natural parents, its detention or placement must be reviewed at short intervals with a view to handi..Category: Women and Children | Date: 22 Jul, 2008 | Hits: 147
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. ......p;……………….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 Involved: Rafique-ul-Huq w......e which control and manage the affairs of the company. We also like to observe that the directors of a company are not the agents or representatives of the share holders of the company. A person both natural and juridical may hold share of a company but because of such holding of shares in the compa..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. ......Confession 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 o...... on the basis of the most cogent and reliable evidence and that his judgment does not suffer from any misreading and non-reading of evidence. He further submits that all the prosecution witnesses are natural, probable and competent witnesses and there are no internal points of falsehood in their evi..Category: Evidence Law | Date: 29 Jun, 2008 | Hits: 175
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. ......) Custody of a minor child In order to ascertaining the custody of a minor child the paramount consideration is the welfare of the child, apart from the legal rights of the father and mother………….(39) Cases Referred to- Abdul Jalil and others Vs. Mrs. Sharon La...... stay on in England till she return to Dacca on receipt of summons of a case. The learned District Judge has allowed the interim custody of the children to them on the ground that the mother was naturally more tender and more qualified to cherish a child during infancy but the learned Judge ap..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. ......ent No. 2. Criminal Appeal No. 4348 of 2003. Judgment SM Emdadul Hoque J. - In the instant writ petition the Rule was issued calling 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 C......er passed 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 Em..Category: Labour and Industrial Law | Date: 17 Jun, 2008 | Hits: 30
Zakir Hossain and another Vs. Md. Yousuf Kabir and others, 2008, 37 CLC (HCD)
....n the suit property and after taking possession of the suit land those were demolished are also admitted by the D.Ws. apart from the evidence of the p.ws. particularly, p.w.3, an independent and disinterested witness as already discussed hereinbefore. Therefore, we find no reason to disbelieve ......d in: 29 BLD (HCD) (2009) 347. ......he 16 annas owner, by a registered heba-bil-ewaj dated 29.11.79 being No.45060 transferred the suit property in favour of the plaintiffs. The plaintiffs being minors their father Abdul Majid as their natural guardian took over the possession of the transferred land. Thus the plaintiffs being the 16 ..Category: Property Law | Date: 13 May, 2008 | Hits: 5
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. ......e, 1991 BLD 11; State Vs. Manu Miah, 54 DLR (AD) 60; State Vs. Kabel Mollah, 55 DLR 108; Abraham Vs. State, 58 DLR 598; Rahij Vs. State, 1984 BLD 44 = 35 DLR 439; Abdur Rashid Vs. State, 8 BLC 513; Ananda Vs. State, 41 DLR 533; State Vs. Sabir Mia, 11 BLT 294, 8 BLC 235; Nannu Gazi Vs. Awlad Hossain......on the basis of the most cogent and reliable evidence and that his Judgment does not suffer from any mis-reading and non-reading of evidence. He further submits that all the prosecution witnesses are natural, probable and competent witnesses and there is no internal points of falsehood in their evid..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.......e, 1991 BLD 11; State Vs. Manu Miah, 54 DLR (AD) 60; State Vs. Kabel Mollah, 55 DLR 108; Abraham Vs. State, 58 DLR 598; Rahij Vs. State, 1984 BLD 44 = 35 DLR 439; Abdur Rashid Vs. State, 8 BLC 513; Ananda Vs. State, 41 DLR 533; State Vs. Sabir Mia 11 BLT 294 = 8 BLC 235; Nannu Gazi Vs. Awlad Hossain......on the basis of the most cogent and reliable evidence and that his judgment does not suffer from any mis-reading and non-reading of evidence. He further submits that all the prosecution witnesses are natural, probable and competent witnesses and there is no internal points of falsehood in their evid..Category: Women and Children | Date: 4 May, 2008 | Hits: 8
Jaibar Ali Fakir Vs. State, 2008, 37 CLC (HCD)
....o the voluntaries of any confession recorded. Send down the lower Court records with a copy of this judgment, immediately. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 208. ...... Fakir…………………………Appellant Vs. State…………………………...........Respondent Judgment March 6, 2008. Result: The Criminal Appeal is allowed and the Jail Appeal is accordingly disposed. The Children Act, 1974 (Act No. XXXIX of 1974), se......g themselves in crimes or, even more unfortunate for all involved, confessing to crimes they did not even commit." 16. According to child witness expert Richard Leo, "[a] false confession is the natural consequence of police toughness on young adults." Police tactics, including the use of leadi..Category: Women and Children | Date: 6 Mar, 2008 | Hits: 113
Jaibar Ali Fakir Vs. The State, 2008, 37 CLC (HCD)
....corded. Send down the lower Court records with a copy of this judgment, immediately. AFM Abdur Rahman J.-I agree. This Case is also Reported in: 16 MLR (HCD)(2013) 167. .............Appellant Vs. The State.............................................Respondent Judgment March 6, 2008. Reselt: Criminal Appeal No.4953 of 1991 is allowed. The judgment and order of conviction and sentence is set aside. Jail Appeal No.4954 of 1991 is disposed. ......themselves in crimes or, even more unfortunate for all involved, confessing to crimes they did not even commit.” 15. According to child witness expert Richard Leo, “[a] false confession is the natural consequence of police toughness on young adults.” Police tactics, including the use of lea..Category: Women and Children | Date: 6 Mar, 2008 | Hits: 174
Farid Miah (Md.) Vs. State, 2008, 37 CLC (HCD)
....t. He further submits that prosecution hopelessly failed to prove the ingredients of sections 392/411 of the Penal Code against the appellant beyond any shadow of reasonable doubt by adducing disinterested, independent and eyewitnesses of the occurrence and, as such, the impugned judgment......tion 101 of the Evidence Act, in which it is stated that the prosecution is bound to prove the case beyond all reasonable doubt. In a criminal case the courts require even a higher decree of proof and all material evidence, particularly those in favour of the accused, should be placed before the......t Md. Farid Miah be set at liberty forthwith if not wanted in connection with any other case. Send down the LCR at once. Ed. This Case is also Reported in: 13 BLC (HCD) (2008) 903. ..Category: Criminal Law | Date: 14 Feb, 2008 | Hits: 5
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