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State Vs. Secretary, Ministry of Home Affairs, 2010, 39 CLC (HCD)
.... Railway Police to search for the relatives of the minor children. Since it was nightfall, considering the welfare of the children, he personally arranged for some food for them and, finding no other alternative, sent them to the District Jail to be kept in safe custody in the children’s ward with......nd 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 Code, ......rection that a copy be kept in the dossier of the two learned Magistrates concerned. Md. Abu Tariq J. - I agree. This Case is also Reported in: 16 MLR (AD) (2011) 254; 30 BLD (HCD) (2010) 265. ..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)
.... the Joint District Judge, 1st Court, Noagaon being the executing Court is bound to hand over delivery of possession through process of Court and with the help of police forces and he got no other alternative but to execute the decree as per order 21 Rule 95 of the Code of Civil Procedure. The s......………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 ......ower Court's record at once. Let a copy of the judgment be transmitted to the Courts concerned at their respective station. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 305. ..Category: Civil Law | Date: 25 Feb, 2010 | Hits: 7
....on to maintain as it is.
3. On the other hand Dhaka City Corporation has filed
Affidavit-in-opposition admitting their misdeed which touched the public
religious sentiment and finding no other alternative they had to stop the road
construction work more.
4. Mr. Manzill Murshid , the lea......d in:
......onstruct a boundary wall which has been
demolished by the contractor within such period.
Stay granted earlier by this court is
hereby vacated.
Ed.
This Case
is also Reported in:
..
Category: Constitutional Law | Date: 17 Nov, 2009 | Hits: 6
State Vs. Secretary, Ministry of Law, Justice & Parliamentary Affairs and others, 2009, 38 CLC (HCD)
....াড়ি, সিলেট প্রেরন করা হোক।" 8. He states that since no prayer was made by the parents or nearest relatives of the victim seeking her custody, he had no alternative but to send her to the approved home managed and controlled by the Ministry of Social We......olice Commissioner, 60 DLR 660; State Vs. Md. Roushan Mondal @ Hashem, 59 DLR 72; Fahima Nasrin Vs. Government of Bangladesh and others, 61 DLR 232. Lawyers Involved: Dr. Naim Ahmed, Advocate-For Aparajeyo-Bangladesh. Ms. Fahima Nasrin, Advocate-For Bangladesh National Women Lawyers Assoc...... 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. ..Category: Women and Children | Date: 3 Sep, 2009 | Hits: 198
Sheikh Mashuk Rahman Vs. State and another, 2009, 38 CLC (HCD)
....proved by adducing evidence before the trial Court. Mens rea need not be proved, nor the accused in entitled to the presumption of innocence in such a case. Nor the availability of civil or any other alternative forum would stand as a bar in launching a prosecution under section 138 of the NI Act, 1...... Referred To- Nizamuddin Mahmood Vs. Abdul Hamid Bhuiyan and others, 60 DLR (AD)195; SW Palanitkar Vs. State of Bihar, 2002 SCC (Cri) 129. Lawyers Involved: Md. Abul Hossain, Advocate-For the Petitioner MA Muntakim, Advocate - For the Opposite Parties. Civil Miscellaneous Ca......ult the Rule is discharged. The order of stay granted earlier by this court is hereby vacated. Communicate the order. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 28. ..Category: Banking Law | Date: 16 Aug, 2009 | Hits: 190
Shafiullah Chowdhury and others Vs. State, 2009, 38 CLC (HCD)
.... the Rule is hereby vacated. Communicate copy of this judgment to the concerned Court where the case is pending. Ed. This Case is also Reported in: 14 MLR (HCD) (2009) 490. ...... Procedure, 1898 (Act No. V of 1898); section 561A Quashment of criminal proceeding involving civil matter A criminal proceeding can be quashed if the allegations made in the First Information Report and the charge sheet or the petition of complaint do not constitute any criminal of......pute arose out of a contract for sale of the case land in between the informant and the accused petitioner No.1 and if there is any breach of contract, it is a civil liability, for which the proper remedy lies in the civil court. He submits that in fact the informant as plaintiff instituted Titl..Category: Procedural Law | Date: 12 Aug, 2009 | Hits: 8
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. ......rs…………….....Petitioners Vs. Bangladesh and others…………………Respondents Judgment June 2, 2009. Result: All the Rules are made absolute. The Bangladesh Biman Corporation Employee (Service) Regulations, 1979; Regulation 52(1) Regulation 52 (1) gives the Bi......he procedure of Appeal under Regulation 59 of the aforesaid Regulation and in the instant case since the petitioners did not bother to file any appeal under the said Regulation and exhaust the said remedy, the instant Rules are not maintainable. It is further stated that termination of the petitio..Category: Employment/Service Law | Date: 2 Jun, 2009 | Hits: 35
Md. Babul Hossain Mollah and others Vs. Hasneara Begum and others, 2009, 38 CLC (HCD)
....fice is directed to send down the records of the case at once with a copy of judgment for information and necessary action. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 312. ......isions of the Code cannot be invoked. It is well settled that where decree in question was granted on merit, it means that the defendants filed written statement and examined plaintiff witnesses before absenting themselves. Defendants had not challenged such decree on merit, therefore decree in ......inst defendant Scope of Order IX Rule 13 of the Code of Civil Procedure, 1908 In any suit which is decreed on contest, if there is any express provision of appeal, the defendants have the remedy by way of filing appeal under Order 41 of the Code of Civil Procedure, 1908 and other provi..Category: Procedural Law | Date: 28 May, 2009 | Hits: 3
Bangladesh National Women Lawyers Association (BNWLA) Vs. Bangladesh and Others, 2009, 38 CLC (HCD)
.... 3. At present there are no legislative provisions to address sexual harassment of women and girl children and in the absence of the legislative provisions the need to find out an effective and/or alternative mechanism to cater the need is an urgent social imperative. On 7 July, 2008 “সাম......... the petitioner Vs. Government of Bangladesh and Others...... the respondents Judgment May 14, 2009. Cases Referred to- H.M. Ershad v. Bangladesh, 2001 BLD (AD) 69; Apparel Export Promotion Council v. Chopra, AIR 1999 SC 625; Micari V. Mann, 481 N.Y S. 2d 967 (Sup, Ct. 1984);......ficult task in public interest. There is no order as to costs. Quamrul Islam Siddiqui J.- I agree. Ed. This Case is also Reported in: 29 BLD (HCD) (2009) 415, 14 BLC (HCD)(2009) 694. ..Category: Women and Children | Date: 14 May, 2009 | Hits: 330
Md. Alauddin Bepari Vs. Somola Khatoon & others, 2009, 38 CLC (HCD)
....t No.1 of 1877) under Act No.27 of 2004 incorporating a new Section 21A which came into play with effect from 1st July, 2005 and the same being a mandatory provision of law the plaintiff had no other alternative but to have deposited the balance amount of the consideration of the contract in the Cou......e Referred to- M. Pentiah and others Vs. Muddala Veeramallappa and others, AIR, 1961 (SC) 1107. Lawyers Involved: Mahmudul Islam with Mr. A. M. Aminuddin and Munshi Moniruzzaman, Advocate - For the petitioner. Rabi Shankar Chakravorty, Advocate - For opposite parties. Civ......ting the application under Order 7 Rule 11 of the Code of Civil Procedure is hereby set aside and the plaint of the suit is rejected. Ed. This Case is also Reported in: 14 MLR (HCD) (2009) 251. ..Category: Civil Law | Date: 21 Apr, 2009 | Hits: 91
Fahima Nasrin Vs. Government of Bangladesh and others, 2009, 38 CLC (HCD)
.... of eighteen years.” 25. Hence section 52 is the substantive provision of law which provides for punishment of a child upon conviction of an offence and section 53 provides an even more lenient alternative at the discretion of the Court in a fit case. Perhaps these two sections should have bee......Vs. Metropolitan Police Commissioner, 60 DLR 660; State Vs. Md. Roushan Mondal @ Hashem, 59 DLR 72. Lawyers Involved: Ms. Fahima Nasrin, Advocate-In person. Md. Abdus Samad Kamal, Deputy Attorney General, with Ms. Nowazish Ara Begum, Assistant Attorney General-For the respondents. Mahm...... and norms, it is also our duty to ensure that we act with equanimity when dealing with cases of children. Efforts must be made to explore the root causes of the children’s deviant behaviour and to remedy that. They are to be given all the benefit that our Constitution and the law of the land prov..Category: Women and Children | Date: 11 Feb, 2009 | Hits: 189
A. J. M. Helal & others Vs. Bangladesh and others, 2009, 38 CLC (HCD)
....surrender their respective bail bond within 2 (two) months from date. Communicate this judgment at once. Ed. This Case is also Reported in: 29 BLD (HCD) (2009) 264. ......LD (AD) 35; 1 MLR (AD) 66; 48 DLR (AD) 6; 52 DLR 4; 52 DLR (AD) 122; 44 DLR (AD) 260; 10 BLD (AD) 190; 26 BLD (AD) 250; 2 BLC 49; 8 MLR 404. Lawyers Involved: Md. Belayet Hossain, Advocate-For the Petitioner (In Writ Petition No.3058 of 2008). Kamruzzaman Bhuiyan, Advocate-For the Res......this bunch of argument also fails. 40. Mere allegation of violation of provisions of law can not give rise to any cause of action for filing a writ petition where there is forum for seeking remedy against the impugned order/judgment. 41. In view of the above provisions of law and..Category: Corporate Law | Date: 9 Feb, 2009 | Hits: 5
AJM Helal Vs. Bangladesh and others, 2009, 38 CLC (HCD)
....rs are directed to surrender their respective bail bond within 2(two) months from date. Communicate this judgment at once. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 479. ......M Helal…………....................Petitioner Vs. Bangladesh and others.........Respondents Judgment February 9, 2009. Result: These Rules are discharged without any order as to costs. Reasons behind amendment of section 138 of the Negotiable Instruments Act......on of provisions of law and writ jurisdiction Mere allegation of violation of provisions of law cannot give rise to any cause of action for filing a writ petition when there is forum for seeking remedy against the impugned order/judgment……………………………………(42) Cases ..Category: Civil Law | Date: 9 Feb, 2009 | Hits: 45
Sontosh Kumar Shaha Vs. Government of Bangladesh and others, 2009, 38 CLC (HCD)
....s judgment at their end. 72. However, there shall be no order as to costs. Ed. This Case is also Reported in: 29 BLD (HCD) (2009) 301. ......ellip;……………Respondents Judgment February 5, 2009. Result: The Rule is made absolutes. Cases Referred to- The State Vs. Chief Editor of Manab Zamin and others, 2 LG 1; Secretary, Ministry of Finance Vs. Md. Masdar Hossain and othe......itioner and since the suspension is not punishment, the petitioner being a public servant in the republic is not entitled to file that writ petition under Article 102 of the Constitution and his remedy, if any, lies in the administrative tribunal as per the decision made in the case of Sec..Category: Administrative Law, Constitutional Law | Date: 5 Feb, 2009 | Hits: 2
Dr. Shipra Chaudhury and another Vs. Government of Bangladesh and others, 2009, 38 CLC (HCD)
.... 9. The petitioner sought assistance of the administration and the police to rescue the detenu from the illegal detention of respondent Nos.1 to 3, but to no avail. 10. Finding no other alternative, petitioners filed the instant Writ Petition and obtained the present Rule Nisi. ......p;…Respondents Judgment January 19, 2009. Result: The Rule is made absolute. Cases Referred to- H.M. Ershad Vs. Bangladesh, 2001 BLD (AD) 69; Apparel Export Promotion Council Vs. Chopra, AIR 1999 SC 625; Ms. Humaira Mehmood Vs. The State, PLD 1999 ......rity and in an unlawful manner. 38. There is no order as to costs. I Agree Quamrul Islam Siddiqui J. Ed. This Case is also Reported in: 29 BLD (HCD) (2009) 183. ..Category: Women and Children | Date: 19 Jan, 2009 | Hits: 10
MM Ali Ispahani Vs. MM Ispahani Ltd., 2008, 37 CLC (HCD)
....r those being claimed even after MAHI’s demise in 1981 by his successors-in-interests, no satisfactory explanation has been forthcoming either as to the actual existence of such gifts or in the alternative as to why upon MAHI’s death in 1981 his shares, as were ostensibly being held by w......mar and others, AIR 1997 (SC), 3; Freeman Vs. Buckhurst Park Properties, [1964] 1 All E.R. 630; Tamizul Haque Vs. Shamsul Haque, 43 DLR (AD)(1991), 34. Lawyers Involved: Akhtar Imam, Senior Advocate with Ramzan Ali Sikder and Abdullah Mahmood Hasan, Advocates- For the Petitioners. ...... Trust is being handed back to the learned Advocate for the Respondent Nos. 1 to 6 today. There is no order as to costs. Ed. This Case is also Reported in: 29 BLD (HCD) (2009) 206. ..Category: Company Law | Date: 4 Dec, 2008 | Hits: 505
Dewan Joynal Abedin Vs. Husen Ahmed Khan and others, 2008, 37 CLC (HCD)
.... maintainable. I find no merit in this Rule. In the result, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 139. ......……………… Petitioner Vs. Husen Ahmed Khan and others……………… Opposite Parties Judgment December 2, 2008. Result: The Rule is discharged without any order as to costs. The Code of Civil Procedure, 1908 (Act No. V of 1908); Order XLI, ......edure, 1908 (Act No. V of 1908); Order XLI, rules 17, 19, 19A When an appeal is dismissed under rule 17 of Order XLI of the Code of Civil Procedure, the petitioner should avail the specific remedy by way of an application under Order XLI, rules 19 or 19A of the Code of Civil Procedure for..Category: Property Law | Date: 2 Dec, 2008 | Hits: 7
Kamal Hossain (Md.) alias Md. Kamal Pramanik Vs. State, 2008, 37 CLC (HCD)
....serious and at once she was taken to the local clinic where the doctor advised that if immediate abortion is not caused, it would be difficult to save the life of the victim girl. Finding no other alternative informant agreed to the proposal and in the clinic abortion was caused. Thereafter info......................(10) Cases Referred to- Sohel Rana Vs. State, 57 DLR 591; Abed Ali Vs. State, 34 DLR 366. Lawyers Involved: Md. Faruk Hossain with Md. Salim Azad, Advocates — for the Appellant. ABM Mahbub Sumun, Assistant Attorney General, Shuchira Hossain, Assistant ......he LC records along with a copy of this judgment to the Tribunal concerned immediately for information and necessary action. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 505. ..Category: Women and Children | Date: 23 Nov, 2008 | Hits: 7
Abdul Hai (Md.) Vs. Bangladesh and others, 2008, 37 CLC (HCD)
....lar activity, especially in the religious affairs. The allegation brought against him, since not been proved before the BDR authority under a proper proceeding, the writ petitioner is entitled to the alternative option provided in section 8 of the ordnance i.e. change of his discharge from service i......l. Md. Hashmat Ali (Retired) Vs. Government of Bangladesh, 47 DLR (AD) 1; Bangladesh Vs. Md. Abdur Rab, 33 DLR (AD) 143; Yeahia Khan Vs. Government of Bangladesh, Writ Petition No. 5284 of 2004 (unreported). Lawyers Involved: Munsurul Hoque Chowdhury with Md. Yousuf Ali, Advocates — for the ...... country. Reading clause (5) of Article 102, Article 134 and Article 45 of the Constitution together, I am of the view that a member of any disciplined force of Bangladesh will not be entitled to any remedy under Article 102 if he is aggrieved (1) by any decision of a Court or tribunal established u..Category: Employment/Service Law | Date: 18 Nov, 2008 | Hits: 33
....motion by the respondent but the case of the petitioner was not considered by the respondent which is a clear discrimination by which the right of the petitioner has been denied. So, we have no other alternative but to interfere with the matter of the petitioner.
11. Considering the facts and cir......ioner
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......ving promotion to the post of Deputy Director as per provision of Bangladesh Water Development Board (Employees) Service Rules. 1982.
Ed.
This Case is also Reported in: 61 DLR (HCD) (2009) 689.
..
Category: Employment/Service Law | Date: 9 Nov, 2008 | Hits: 117
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