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Habibur Rahman Molla Vs. State, 2008, 37 CLC (HCD)
....acated. Let a copy of this judgment and order along with the LCR be sent to the concerned Court at once. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 1, 29 BLD (HCD) (2009) 227. ......acated. Let a copy of this judgment and order along with the LCR be sent to the concerned Court at once. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 1, 29 BLD (HCD) (2009) 227. ......rocedure, 1898 (Act No. V of 1898); section 561A The application for quashment of the criminal proceeding under section 561A of the Code cannot be also entertained after the lapse of significant amount of time, e.g. at the stage of trial where evidence of 17 witnesses have already been recorded..Category: Anti-Corruption Laws | Date: 20 Nov, 2008 | Hits: 157
Akramuzzaman (Md.) alias Babu Vs. Artha Rin Adalat No. 1 Rajbari and others, 2008, 37 CLC (HCD)
....cate the order at once with a copy of judgment for information and necessary action to all respondents. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 638; 15 MLR (HCD) (2010) 1. ......cate the order at once with a copy of judgment for information and necessary action to all respondents. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 638; 15 MLR (HCD) (2010) 1. ......n of a sum of Taka 1,00,000 in favour of defendant No. 1 Messrs Mithila Traders. The defendant No. 3 Md. Abu Bakar stood as guarantor. After executing documents, the defendant No. 1 withdrew the said amount. The loan was cash credit hypo loan which stood at Taka 4,17,507 till 10-4-2004 Despite repea..Category: Civil Law | Date: 5 Nov, 2008 | Hits: 168
....endants in general,
and the defendant Nos. 1 and 2 in particular, submit their Written Statements
positively by 4-1-2009.
Ed.
This Case is also
Reported in: 61 DLR (HCD) (2009) 244. ......ween a
guarantor, a creditor and the principal debtor. It has also been argued at
length that the issuance of the two Letters of Guarantee are not necessarily in
conflict with the "pay to be paid" principle for the simple reason
that these operate within separate conceptual and functional sphere......t arrange such counter-security as may have been
required or does not indemnify the Association as aforesaid, the Association,
without prejudice to its other rights, shall be entitled to retain any amounts
which would otherwise be recoverable by such Assured, notwithstanding that the
same may ha..
Category: Admiralty Law or Maritime Law | Date: 26 Oct, 2008 | Hits: 17
Taj Nahar Begum Vs. Government of Bangladesh and others, 2008, 37 CLC (HCD)
....ias Sabid Miah, of Village Miapur, PS Sonaimuri, District Noakhali be set at liberty forthwith if not wanted in any other connection. Ed. This Case is also Reported in: 13 BLC (HCD) (2008) 843. ......ating an extradition process against him. Learned Deputy Attorney-General could not disown the fact of the unconscionable laches on the part of Government in the matter. This is certainly against the principle of human liberty. None should be detained in custody without any judicial proceeding in ......ias Sabid Miah, of Village Miapur, PS Sonaimuri, District Noakhali be set at liberty forthwith if not wanted in any other connection. Ed. This Case is also Reported in: 13 BLC (HCD) (2008) 843. ..Category: Criminal Law | Date: 20 Aug, 2008 | Hits: 20
Ayub Ali alias Mukul Vs. State, 2008, 37 CLC (HCD)
.... in the Court of Magistrate, 1st Class. Cognizance Court No. 1, Munshiganj is hereby quashed. Communicate this Judgment at once. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 52. ...... in the Court of Magistrate, 1st Class. Cognizance Court No. 1, Munshiganj is hereby quashed. Communicate this Judgment at once. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 52. ......business purpose on condition that after 1 year he will refund the said Taka 4,50,000 with Taka 50,000 as benefit of business to the informant but the accused-petitioner Ayub Ali did not pay the said amount. Later on, accused Ayub Ali and his younger brother Bokul totally denied their obligation to ..Category: Criminal Law | Date: 14 Aug, 2008 | Hits: 28
....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.
...... Others Vs. Sharon Laily Begum Jalil 1998 BLD (AD) 22 = 50 DLR 55 and also in the case of Farhana Vs. Samudra Eiazul Haque and Others (2008) 60 DLR 12. The facts of those cases are different. But the principle enunciated in those cases that a Writ Petition in the form of habeas corpus is maintainabl......n Laily Begum Jalil, 1998 BLD (AD) 21=50 DLR (AD) 55 and Farhana Azad Vs. Samudra Ejazul Haque and others, (2008) 60 DLR 12.
(3) In such a writ petition, the welfare of the children is of paramount consideration and the children must be kept in a custody where their welfare is well safeguar..
Category: Women and Children | Date: 14 Aug, 2008 | Hits: 201
....ner on 30-5-2004 stipulating the transfer of
their shares at a price of Taka 1,20,00,000 in favor of the writ petitioner out
of which they received Taka 42,00,000 from the writ petitioner in three
installments. On 10-6-2005 the respondent Nos. 3, 4 and 5 served a legal notice
upon the writ petit......to him under the provision of section
193 of the Companies Act, 1994.
However, there shall be no order as to
cost.
Ed.
This Case is also Reported in: 61 DLR (HCD) (2009) 226.
......e said respondents observing the condition of Clause No. 3
of the sale agreement dated 30-5-2005. At this stage the respondent No. 7, the
government functionary, claimed most arbitrarily additional amount of money
against the sale proceed of Kuliarchar Ground Nut Mills to the company which
compe..
Category: Company Law | Date: 12 Aug, 2008 | Hits: 18
Idrisur Rahman (Md) Vs. Bangladesh, 2008, 37 CLC (HCD)
....e involves substantial questions of law as to the interpretation of the Constitution, which may be decided by the Appellate Division. Ed. This Case is also Reported in: 60 DLR (2008) 714. ......ises upon which, the writ petition was made, in short, are that the separation and independence of the judiciary from the executive and legislative organs have been the cornerstone of the fundamental principles of State policy as enshrined in Article 22 of the Constitution. The Constitution in numbe......of three members who are not judges, undermines, negates and diminishes the role, prestige and standing of judges of the High Court Division by subjecting them to the scrutiny of others, which is tantamount to destroying the scheme of separation of organs of the state, which is central to the indepe..Category: Constitutional Law | Date: 7 Aug, 2008 | Hits: 236
Motahera Begum and others Vs. Abdul Monaf and others, 2008, 37 CLC (HCD)
....ule is discharged without and order as to the costs. Lower Courts record be sent down at once with a copy of the judgment. Ed. This Case is also Reported in: 29 BLD (HCD) (2009) 402. ......y right and justified in allowing the appeal and thereby reversing the judgment and decree passed by the trial court and hence no interference is called for by this court. 11. By now the settled principle of law in exercising the revisional power under Section 115 of the Code of Civil Procedure......ule is discharged without and order as to the costs. Lower Courts record be sent down at once with a copy of the judgment. Ed. This Case is also Reported in: 29 BLD (HCD) (2009) 402. ..Category: Property Law | Date: 30 Jul, 2008 | Hits: 2
Md. Karamot Ali Alias Rafique Alias Rafiqul Islam Vs. The State, 2008, 37 CLC (HCD)
....tion with any other case. 24. Send down LCR along with a copy of the judgment at once. Ed. This Case is also Reported in: 29 BLD (HCD) (2009) 250. ......t while punishing him he sentenced him to suffer imprisonment for 7 years and to pay a fine of Taka 5000/- in default of payment of fine to suffer imprisonment for 6 months more. It is an established principle of law that punishment must commensurate with the gravity of the offence. For recovery of ......tion with any other case. 24. Send down LCR along with a copy of the judgment at once. Ed. This Case is also Reported in: 29 BLD (HCD) (2009) 250. ..Category: Criminal Law | Date: 30 Jul, 2008 | Hits: 5
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. ......nd that courts should not ignore the international obligations, which a country undertakes. If domestic laws are not clear enough or there is nothing therein, the national courts should draw upon the principles incorporated in the international instruments. If domestic law is inconsistent with inter......ght agree to take the girl into their custody at their risk and responsibility. In this respect fostering might be a realistic alternative. 24. Thus at all times the Court must bear in mind the paramountcy of the best interests of the child. In the facts of the instant case it appears that a prob..Category: Women and Children | Date: 22 Jul, 2008 | Hits: 147
Md. Abdul Jabber Biswas and others Vs. Aysha Khatoon and others, 2008, 37 CLC (HCD)
....er Court's Records immediately. However, there is no order as to costs. Ed. This Case is also Reported in: 29 BLD (HCD) (2009) 28. ......4. The purchasers pre-emptees contested the case by filing written objection denying the material allegations and stating that the preemption application suffers from defect of parties, barred by the principle waiver, estoppel and acquiescence, the preemptors were tendered to purchase the land under......er Court's Records immediately. However, there is no order as to costs. Ed. This Case is also Reported in: 29 BLD (HCD) (2009) 28. ..Category: Property Law | Date: 21 Jul, 2008 | Hits: 3
Md. Abdul Jabber Biswas Vs. Aysha Khatoon and others, 2008, 37 CLC (HCD)
.... the Lower Court's Records immediately. 13. However, there is no order as to costs. Ed. This Case is also Reported in: 29 BLD (HCD) (2009) 28. ......4. The purchasers pre-emptees contested the case by filing written objection denying the material allegations and stating that the preemption application suffers from defect of parties, barred by the principle waiver, estoppel and acquiescence, the preemptors were tendered to purchase the land under...... the Lower Court's Records immediately. 13. However, there is no order as to costs. Ed. This Case is also Reported in: 29 BLD (HCD) (2009) 28. ..Category: Property Law, Tenancy Law | Date: 21 Jul, 2008 | Hits: 5
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. ......ed Kingdom and it holds almost absolute majority (82.9%) of the share holder of respondent. The documents on record show that the nature of business of respondent-o.p. is similar to that of U.K. principle the U.K. entity appoints majority of the board of directors as senior employees. The ...... 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. ..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. ......under which confession was made and to ascertain whether it is true and voluntary……………………(49) Principle of criminal law The cherished principles or golden thread of proof beyond reasonable doubt which runs through the web of our law f......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. ..Category: Evidence Law | Date: 29 Jun, 2008 | Hits: 175
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. ...... former relates to and affects particular persons or things; it operates upon a selected class, rather than the public generally. Relation between a general law and a special law is Government by the principle known as "Genemlia specialibus non derogant" which in English means "general words do not ....... 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. ..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. ......er has an alternative and efficacious remedy by way of appeal.........The petition is dismissed." 18. In the case of Gazi M Towfic Vs. Agrani Bank reported in 54 DLR (AD) 6, where the principle has been laid down in the following terms: "The law is now settled that since sp......t No.2, Agrani Bank as a plaintiff instituted the Artha Rin Suit No.470 of 2004 in the Artha Rin Adalat No.1, Dhaka (hereinafter referred to as "the Adalat") (respondent No.1) for recovery of loan amounting to Taka 46,26,59,843 impleading the petitioner as defendant No.7. The defendants did no..Category: Civil Law | Date: 17 Jun, 2008 | Hits: 7
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. ......ire Family Suit No.415 of 2008 deciding that the father's custody is the better custody for the minor girl Radyna Karim which can not be sustained as the same is made contrary to the age old principle of justice delivery system. 19. In a bid to reply the argument of Mr. A.K.M. Nazrul......liance 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 indicate disqualification of a party as to custody of a minor. In such circumstances, if..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. ......aside the order 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......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. ..Category: Labour and Industrial Law | Date: 17 Jun, 2008 | Hits: 30
State Vs. Ershad Sheikh, 2008, 37 CLC (HCD)
....vidence recorded by the Tribunal. Send down the lower Court's records with a copy of this judgment for information and compliance. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 183. ......annot be held at the moment that fresh trial by competent Court will be useless exercise. There is no extenuating circumstance for taking a lenient view in exonerating the accused. So, in view of the principle of law enunciated in the afore-mentioned case [51 DLR (AD) 18] in the instant case fresh t...... of causing death of the deceased for dowry. 30. So, the act of causing death of the deceased does not come within the mischief of section 11 (ka) of the Ain. It is an offence of culpable homicide amounting to murder or not amounting to murder punishable under section 302 or 304 of the Penal Code..Category: Women and Children | Date: 17 Jun, 2008 | Hits: 157
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