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Sree Pintoo Pal Vs. State, 2009, 38 CLC (HCD)
....orthwith if not wanted in connection with any other case. 46. Send down the L.C.R with a copy of the Judgment at once. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 220. ...... it can not fall back upon the accused. In a Criminal case, it is for the prosecution to bring the guilt home to the accused. 29. In approaching and answering to the points drawn up, cardinal principles of Criminal Jurisprudence in awarding conviction followed by sentence upon an indicted p......orthwith if not wanted in connection with any other case. 46. Send down the L.C.R with a copy of the Judgment at once. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 220. ..Category: Women and Children | Date: 22 Jun, 2009 | Hits: 9
Bangladesh Power Development Board & others Vs. Abu Bakar Siddique & anothers, 2009, 38 CLC (AD)
....9 of 2001 are hereby declared to have been passed without lawful authority and is of no legal effect. Accordingly, the appeals are allowed without any order as to costs. Ed. ......nbsp; there was no adequate qualified Assistant Engineer to cater the vacant post i.e. to fill up the existing vacant posts but when the authority got qualified Assistant Engineer the old principle was stopped. Since Engineers holding AMIE/BSc were available for promotion maintaining t......9 of 2001 are hereby declared to have been passed without lawful authority and is of no legal effect. Accordingly, the appeals are allowed without any order as to costs. Ed. ..Category: Employment/Service Law | Date: 3 Jun, 2009 | Hits: 256
Bangladesh Power Development Board & others Vs. Abu Bakar Siddique & anothers, 2009, 38 CLC (HCD)
....ithout lawful authority and is of no legal effect. Accordingly, the appeals are allowed without any order as to costs. Ed. This Case is also Reported in: 15 BLC (AD) (2010) 214. ......nbsp; there was no adequate qualified Assistant Engineer to cater the vacant post i.e. to fill up the existing vacant posts but when the authority got qualified Assistant Engineer the old principle was stopped. Since Engineers holding AMIE/BSc were available for promotion maintaining t......ithout lawful authority and is of no legal effect. Accordingly, the appeals are allowed without any order as to costs. Ed. This Case is also Reported in: 15 BLC (AD) (2010) 214. ..Category: Employment/Service Law | Date: 3 Jun, 2009 | Hits: 3
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. ...... was terminated in a different context we are of the view that the High Court Division has committed no error in declaring the action of the petitioner herein as not fair and reasonable. The accepted principle it that in taking action against an employee in any given situation the employer is to dem......suddenly he received the impugned order dated 8-4-2007 (Annexure B to the Writ Petition) informing him that his service was terminated and in lieu of the prior notice period he would be paid the said amount of pay. 3. In Writ Petition No.553 of 2009 it is stated that the petitioner was appointed ..Category: Employment/Service Law | Date: 2 Jun, 2009 | Hits: 35
Sheikh Md. Nurul Haque Vs. State and another, 2009, 38 CLC (HCD)
....ds vacated. Send a copy of this order to the Metropolitan Magistrate, Khulna for compliance. Md. Ataur Rahman Khan J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 162. ...... 23. In this connection we may also profitably refer the decision in the case of Ali Akkas Vs. Enayet Hossain and others reported in 17 BLD (AD) 44 wherein their Lordships held; "the settled principle of law is that to bring a case within the purview of section 561A for the purpose of quash......ion is tampered and forged and the complainant opposite party No.2 instituted the case under section 138 of the Negotiable Instruments Act using the said forged cheque to recover 3 three times of the amount as mentioned in the alleged cheque and to harass and humiliate the accused petitioner and tha..Category: Banking Law | Date: 26 May, 2009 | Hits: 663
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. ......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. ......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. ..Category: Women and Children | Date: 5 May, 2009 | Hits: 75
Sirajul Islam (Md) Vs. Tauhid Uddin Ahmed & another, 2009, 38 CLC (HCD)
....ay granted earlier stands vacated. Send a copy of this order to Metropolitan Assistant Sessions Judge, Court, Dhaka for compliance. Ed. This Case is also Reported in: 15 BLC (HCD) (2010) 39. ......proceeding is not liable to be quashed." 24. If the cause of action is matured during the pendency of the proceeding, the defect of pre-maturity of cause of action could be cured. Though the above principle is laid down in respect of a civil proceeding, we are of the view that the spirit of this ......eads as follows: "138. Dishonour of cheque for insufficiency, etc. of funds in the account.- (1) Where any cheque drawn by a person on an account maintained by him with a banker for payment of any amount of money to another person from out of that account is returned by the bank unpaid, either be..Category: Banking Law | Date: 4 May, 2009 | Hits: 280
Zahed Hossain (Md.) Vs. State and another, 2009, 38 CLC (HCD)
....t be quashed and the same may continue as well. I like to add the above few words in support of my learned brother and I agree. Ed. This Case is also Reported in:61 DLR (HCD) (2009) 386. ....... In this connection we may also profitably refer the decision in the case of Ali Akkas Vs. Enayet Hossain reported in 1997 BLD (AD) 44 = 2 BLC (AD) 16 wherein their Lordships held: "The settled principle of law is that to bring a case within the purview of section 561A for the purpose of quash......ut again the cheques were dishonored for insufficient fund. Thereafter the opposite party No. 2 gave notice under section 138(1)(b) on 28-3-2006 to the accused-petitioner demanding payment of cheques amount of Taka 2,24,28,120 within 30 days of receipt by two registered post, one in the home address..Category: Procedural Law | Date: 29 Apr, 2009 | Hits: 135
Md. Alauddin Bepari Vs. Somola Khatoon & others, 2009, 38 CLC (HCD)
....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. ......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. ...... money the plaintiff will pay Tk. 30,00,000/- to the Bank and pay the remaining money to the defendant. The plaintiff requested the defendant to execute and register the deed on accepting the balance amount of conciliated money but the defendant refused to execute the deed and hence the plaintiff fi..Category: Civil Law | Date: 21 Apr, 2009 | Hits: 91
Dr. M. A. Yahia Vs. Md. Abdul Quader and others, 2009, 38 CLC (AD)
....y his letter dated 26.06.1981 modified the order of allotment in respect of quantum of said plot from 376 to 375 square yards and the amount of 'Salami' from Tk.50,625 to Tk.50,625 if paid in installments. Meanwhile, a Sub-Divisional Engineer of the Housing Estate delivered joint possession ......therefore, no substance, in the leave petition and the same is dismissed accordingly. Ed. Case is also Reported in: 14 MLR (AD) (2009) 235; 29 BLD (AD) (2009) 59; 14 BLC (AD) (2009) 109. ......erent dates by treasury 'Challan'. Said respondent No.7, by his letter dated 26.06.1981 modified the order of allotment in respect of quantum of said plot from 376 to 375 square yards and the amount of 'Salami' from Tk.50,625 to Tk.50,625 if paid in installments. Meanwhile, a Sub-Div..Category: Property Law | Date: 15 Apr, 2009 | Hits: 36
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. ......'s relations in preference to the father. The Judgment of the learned District Judge was upheld upto the Appellate Division which, among other findings, held as under: "Indeed, the principle of Islamic Law (in the instant case, the rule of hizanat or guardianship of a minor child ......e seven years of age. According to Muslim law his father (respondent No.1) is entitled to retain the child in his custody. Moreover, according to section 17 of the Guardian and Wards Act, 1890 the paramount consideration will be the welfare of the minor. Since the petitioner is a lone mother in the ..Category: Family Law, Women and Children | Date: 16 Mar, 2009 | Hits: 182
Aysha Begum Vs. State, 2009, 38 CLC (HCD)
....er to the Deputy Commissioner, Narayanganj and Superintendent of Police Narayanganj for their information and necessary action. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 493. ......tion under section 491 of the Code of Criminal Procedure and dealt with custody of the victim minor girls in connection with Nari-o-Shishu Case. Learned Deputy Attorney-General has submitted that the principle for the purpose of determination of custody is practically the same. He has further endors......er to the Deputy Commissioner, Narayanganj and Superintendent of Police Narayanganj for their information and necessary action. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 493. ..Category: Women and Children | Date: 12 Mar, 2009 | Hits: 23
Advance Sweater Industry Ltd Vs. Mohiuzzaman Chowdhury and others, 2009, 38 CLC (HCD)
....de absolute without any order as to costs. The impugned judgment and order of the learned Additional District Judge is set aside. Ed. This Case is also Reported in: 21 BLT (HCD) (2013) 16 ......de absolute without any order as to costs. The impugned judgment and order of the learned Additional District Judge is set aside. Ed. This Case is also Reported in: 21 BLT (HCD) (2013) 16 ......s.3-5. The decree holder thereupon put the decree into execution on 15th July, 2001 in Artha Rin Execution Case No.509 of 2005 before the Artha Rin Adalat No.4, Dhaka for realization of the decreetal amount. The mortgaged property was ultimately sold in auction and the opposite party No.1 purchased ..Category: Civil Law, Procedural Law | Date: 18 Feb, 2009 | Hits: 1
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. ......al method. The law is by now well settled that the appeal is a continuation of the suit/case and there is no dispute that in the society a class of borrowers or drawers in taking shelter of this principles of law deliberately used to drag the appeal for an indefinite period in order to hang the......le Instrument (amendment) Act, 2006 putting an embargo in filing of appeal against the order of conviction and sentence under sub-section (1) of section 138 of the Negotiable Instrument Act unless an amount of money not less than 50% of the cheque amount is deposited in the Court shall not be declar..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. ...... section 138 of the Negotiable Instruments Act The appeal is a continuation of the suit/case and there is no dispute that in the society a class of borrowers or drawers in taking shelter of this principles of law deliberately used to drag the appeal for an indefinite period in order to hang the...... process of realization of loan money or unpaid cheque's money for an indefinite period in which the payee or the holder of the cheque not only suffers a lot also the process of realization of cheque amount or loan money falls into dark. Keeping the said view in mind the legislature in applying thei..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. ......tioner did not prefer any Civil Petition for leave to appeal to the Appellate Division and the petitioner again filed the instant writ petition against the same cause which is not maintainable on the principle of res-judicata. It has been further asserted by the respondent No.2 that the General Admi......sion of Rule-3 (d) of the High Court Division mandates that such proposal must be placed before the G.A. Committee, the approval of the Hon'ble Chief Justice through endorsing হ্যাঁ tentamounts to as an approval to place the said proposal for suspension of the petitioner to the G.A. Co..Category: Administrative Law, Constitutional Law | Date: 5 Feb, 2009 | Hits: 2
James Finaly Pic. Chittagong Vs. Government of Bangladesh and others, 2008, 37 CLC (AD)
....the submissions of the learned Advocate for the appellant. Accordingly, the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 19 BLC (AD) (2013) 79. ......the submissions of the learned Advocate for the appellant. Accordingly, the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 19 BLC (AD) (2013) 79. ......-1982 to 30-4-1995, both days inclusive, on account of crane charges though no such crane service was provided to the appellant during that period. Similarly the appellant also paid crane charge amounting to Taka 1, 01,257.50 between 12-6-1985 both days inclusive though no crane service wa..Category: Civil Law | Date: 17 Dec, 2008 | Hits: 7
Nazimuddin (Md.) Chairman Vs. Government of Bangladesh, 2008, 37 CLC (HCD)
.... and discussions as made above, we do not find any merit in this Rule which is accordingly, discharged without any order as to cost. This Case is also Reported in: 61 DLR (HCD) (2009) 81. ......thout giving prior notice to the respondent has also no substance. The process of sanction is an administrative act and is not subject to any judicial scrutiny." (Underlined by us). 21. The principle of law of the above case in respect of sanction can be well inferred in the present case, ...... and discussions as made above, we do not find any merit in this Rule which is accordingly, discharged without any order as to cost. This Case is also Reported in: 61 DLR (HCD) (2009) 81. ..Category: Anti-Corruption Laws | Date: 4 Dec, 2008 | Hits: 149
MM Ali Ispahani Vs. MM Ispahani Ltd., 2008, 37 CLC (HCD)
.... 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. ......stances of that case the Indian Supreme Court deemed it necessary to qualify the beneficial aspect of such relationship as accrues to the transferee ‘cestui que trust’ by holding that the principle of equity as enunciated above cannot, however, extend to cases were the transferee has not...... 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
Mosammat Kazi Shamsunnahar Vs. Md. Ramjan Molla and others, 2008, 37 CLC (HCD)
....s discharged. The judgments and orders of the courts below are hereby affirmed. Send down the lower court records at once. Ed. This Case is also Reported in: 29 BLD (HCD) (2009) 391. ...... the courts below violated this aspect of mandatory provision of law that occasioned failure of justice. The aforesaid preemption case according to the learned advocate also was hit by principle of estoppels, waiver and acquiescence because the pre-emptor and the sellers being full br......ioner opposite party No.1 being the co-sharer of the khatian of the suit land is entitled to pre-empt the said suit land. Hence he has filed this miscellaneous case. He again submitted that huge amount the purchaser petitioner spent in the suit land for establishment of paltry firm, constr..Category: Property Law | Date: 20 Nov, 2008 | Hits: 2
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