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Sheikh Md. Nurul Haque Vs. State and another, 2009, 38 CLC (HCD)
The Negotiable Instruments Act, 1881 (Act No. XXVI of 1881)
For non mentioning of receiving date of the legal notice in the petition of complaint, the case will not be rendered illegal when all other ingredients in filling the case is very much available in the materials on record……………………………………………(17)
The Code of Criminal Procedure, 1898 (Act No. V of 1898); section 561A
Non disclosure of the date of receipt of notice under section 138 (1) (b) of the Negotiable Instruments Act is a question of fact which will be decided at the time of trial after taking evidence and thus non-disclosure of date of receipt of notice and consequently the failure to disclose the cause of action can not render the proceedings under section 561A of the Code of Criminal Procedure liable to be quashed…………………………………(20)Ahmed Hossain alias Mohammad Hossain & others Vs. State, 2003, 32 CLC (HCD)
Bangladesh Water Development Board Vs. MR. Sikder, 2003, 32 CLC (HCD)
Habibur Rahman @ Md. Habibur Rahman & another Vs. Moborak Ali Rari & others, 1997, 26 CLC (HCD)
ATM Ali Reza Khan Vs. Bangladesh Election Commission and others, 1997, 26 CLC (HCD)
Chittagong Chamber of Commerce and Industry and another Vs. Government of Bangladesh and others, 2009, 38 CLC (HCD)
Sayeda Nasima Sarwar Vs. Government of Bangladesh, 2010, 39 CLC (HCD)
Maintainability of writ petition when there is alternative remedy
The evidence that the prosecution has in respect of their prima-facie satisfaction about the petitioner's involvement in aiding and abetting the principal accused may only be seen by the trial Court when the evidence is placed before it. At that stage the petitioner will have the opportunity to challenge the evidence produced by the prosecution in an application under section 241A of the Code of Criminal Procedure. . . When there is alternative remedy open to the accused petitioner, the writ is not maintainable………………………(9)
Fugitive from justice
When
the accused petitioner is alleged to have aided and abetted commission
of cognizable offence she is liable to appear before the appropriate
Court and surrender there. In the absence of such surrender she is a
fugitive from justice………………(10)
Sadek Hossain Khoka and others Vs. Election Commission for Bangladesh and others, 2008, 37 CLC (HCD)
Ali Azam Saial and others Vs. Joynal Abedin Saial and others, 2009, 38 CLC (HCD)
Zahida Ahmed (Liza) Vs. Syed Noor Uddin Ahmed and another, 2009, 38 CLC (HCD)
Custody of Child
The question of welfare will be dealt with by the Family Court which will take into account in whose custody the welfare of the child will be best protected. . . Under the writ jurisdiction, the High Court Division cannot decide the welfare of the child . . . The Family Court while deciding so must take into account the physical condition of the child as well as the law involved for deciding the question of custody. The age of the detenu can not be the sole basis for deciding the question of custody………………………………………(12)
The
detenu was illegally removed from the custody of his mother while he
was in the U.K. The law of U.K. does not permit such removal of a child
from the custody of his mother without her consent. Before adjudication
of the Family Suit the detenu must be restored to his earlier
custody…………………………………….(17)
Mahbubul Alam (Md.) Vs. Bangladesh, represented by the Secretary, Ministry of Information and others, 2009, 38 CLC (HCD)
Zafar Ahmed Vs. Mir Iftekharuddin & another, 2009, 38 CLC (HCD)
Md. Abdul Latif and others Vs. Mohammad Ali and others, 2008, 37 CLC (HCD)
Ruhul Amin Vs. State and another, 2007, 36 CLC (HCD)
Md. Farid Hossain Vs. State, 2007, 36 CLC (HCD)
Tabibullah and others Vs. Government of the People's Republic of Bangladesh and others, 2007, 36 CLC (HCD)
Intertek Testing Services International Limited and others Vs. National Board of Revenue, Dhaka & others, 2003, 32 CLC (HCD)
Daud Ali (Md.) and others Vs. State, 2003, 32 CLC (HCD)
Mohammad Ali Vs. Sukur Ali & others, 1985, 14 CLC (HCD)