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Bangladesh Power Development Board & others Vs. Abu Bakar Siddique & anothers, 2009, 38 CLC (AD)

....enior Advocate with Azizul Huq Advocate, instructed by Md. Aftab Hossain, Advocate-on Record-For the Respondents (As added). Civil Appeal Nos. 341-358 of 2003. (From the judgment and order dated the 16th day of March, 2003 passed by the High Court Division in Writ Petition Nos.2977, 2975,......50 for purchase of text books and necessary examination fees for the candidates only once for such examination. Assistant Technical Officers and Diploma holders should individually inform of this decision of the Authority by the wings concerned. 9. It appears from the circular providing tha..

Category: Employment/Service Law | Date: 3 Jun, 2009 | Hits: 256

Bangladesh Power Development Board & others Vs. Abu Bakar Siddique & anothers, 2009, 38 CLC (HCD)

Category: Employment/Service Law | Date: 3 Jun, 2009 | Hits: 3

Emran Ahmed & 20 anothers Vs. Bangladesh and others, 2009, 38 CLC (HCD)

....ere heard together and are being disposed of by this single Judgment. In all the matters Rules Nisi were issued calling upon the respondents to show cause as to why the impugned orders of termination dated 8-4-2007, 14-12-2006, 4-2-2007, 27-3-2007, 24-10-2007, 20-1-2007, 30-10-2007, 14-11-2007, 15-4......erefore, submits that Bangladesh Biman Airlines Limited is not a private company or Organization but a public limited company which is totally governed and owned by the Government and, as such, its decisions and orders are amenable under the writ jurisdiction of this Court and therefore, the insta..

Category: Employment/Service Law | Date: 2 Jun, 2009 | Hits: 35

Sheikh Md. Nurul Haque Vs. State and another, 2009, 38 CLC (HCD)

....�……………Opposite Parties Judgment May 26, 2009. Result: The Rule is discharged. 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 al......the proceedings initiated against the petitioner when it proves that the alleged cheque has been issued by him and it was bounced from his bank. 19. In this connection we may profitably refers the decision in the case of Nizamuddin Mahmood Vs. Abdul Hamid Bhuiyan and another reported in 60 DLR (A..

Category: Banking Law | Date: 26 May, 2009 | Hits: 663

Ehtesamur Rahman Vs. The State & Others, 2009, 38 CLC (HCD)

.... Judgment A.T.M. Fazle Kabir J.-This Rule was issued at the instance of petitioner Ehtesamur Rahman calling upon the opposite parties to show cause as to why the impugned judgment and order dated 27.07.2006 passed by the Metropolitan Magistrate, Dhaka in Motijheel P.S. Non-F.I.R. Case No.7......d in 37 DLR 316 that “moving the High Court Division direct without approaching the Sessions Judge as provided in section 439A from the order passed by the Magistrate not valid". The above decision has lent support from the observations made by their Lordships of the Appellate Division in..

Category: Procedural Law | Date: 19 May, 2009 | Hits: 1

Bangladesh National Women Lawyers Association (BNWLA) Vs. Bangladesh and Others, 2009, 38 CLC (HCD)

....ent on campus finally exploded as a public issue at Jahangirnagar University (J.U). Since then, a section of progressive teachers have been campaigning for a formal policy on sexual harassment and to date there has been no step in the right direction towards approving such a policy. In May......r Chief Justice of India and Former Chairman, National Human Rights Commission. 46. Mr. Alok Bhasin referred to a definition of sexual harassment at page Nos. 9 and 10, which was mentioned in the decision in the Canadian case of Canadian Pacific Ltd. and B.M.W.E. (Parker) as under: “While ..

Category: Women and Children | Date: 14 May, 2009 | Hits: 330

State Vs. Anjali Debi alias Monju Debi, 2009, 38 CLC (HCD)

....t in a trial under special law, till judgment pronounced by the Apex Court of the country, the accused is kept inside custody. 26. From the aforesaid discussions, we find the judgment and order dated 15-6-2005 passed by the learned Judge of Nari-o-Shishu Nirjatan Daman Tribunal, Pabna in Nari-......aks that when there are two parallel laws, harsh law should not be applied to an accused as the accused has a right for fair trial which cannot be possible under harsh law. 24. In our unreported decision, i.e. in the case of Md. Abdul Latif alias Ruad Vs. State, Criminal Appeal No. 1687 of 1998..

Category: Women and Children | Date: 5 May, 2009 | Hits: 75

Sirajul Islam (Md) Vs. Tauhid Uddin Ahmed & another, 2009, 38 CLC (HCD)

....ed the case record to the Metropolitan Assistant Sessions Judge, 5th Court, Dhaka for trial who perused the record and framed charge against the accused petitioner. 4. Being aggrieved by the order dated 29-6-2006 the accused petitioner preferred this application under section 561A of the Code of ...... the proceedings initiated against the petitioner when it proves that the alleged cheque has been issued by him and it was bounced from his bank. 17. In this connection we may profitably refer the decision in the case of Nizamuddin Mahmood Vs. Abdul Hamid Bhuiyan, reported in 60 DLR (AD) 195 wher..

Category: Banking Law | Date: 4 May, 2009 | Hits: 280

Zahed Hossain (Md.) Vs. State and another, 2009, 38 CLC (HCD)

....J Chittagong Enterprise business establish meant, the accused-petitioner used to purchase sugar on cash as well as on credit and the accused petitioner purchased 480 metric tons of sugar on different dates by different DO (delivery order) on credit from the complainant, the accused-petitioner issued......ng. Complainant issued a single notice for 8 (eight) dishonored cheques and initiated a single proceeding for which there is no definite cause of action filing the case. In this connection he cited a decision, in the case of Ahsan Habib Chowdhury Vs. Multidrive Ltd. reported in 14 BLC 66 and in the ..

Category: Procedural Law | Date: 29 Apr, 2009 | Hits: 135

Md. Alauddin Bepari Vs. Somola Khatoon & others, 2009, 38 CLC (HCD)

....sion No.1745 of 2006. Judgment Afzal Hossain Ahmed J.- This Rule, at the instance of the defendant-petitioner, was issued calling upon the opposite party No.1 to show cause as to why the order dated 26.4.2006 passed by the learned Joint District Judge, 1st Court, Narayanganj in Title Suit. No......ney of the contract and the deficit Court fees without rejecting the plaint under Order 7 Rule 11 (d) of the Code of Civil Procedure and thereby committed an error of law resulting in an error in the decision occasioning failure of justice and as such the impugned Judgment and order is not sustainab..

Category: Civil Law | Date: 21 Apr, 2009 | Hits: 91

Dr. M. A. Yahia Vs. Md. Abdul Quader and others, 2009, 38 CLC (AD)

....tructed by Md. Nawab Ali, Advocate-on-Record-Respondent Nos. 1-2. Not represented-Respondent Nos. 3, 5-7. Civil Petition for Leave Appeal No. 1460 of 2008. (From the judgment and order dated 13.07.2008 passed by the High Court Division in Writ Petition No.5022 of 2005). Judgment ......the writ-petitioners filed the petition challenging the said cancellation. The added respondent No. 9 petitioner not being the officer of the National Housing Authority had no part to play for taking decision in the said cancellation. Hence the question of responsibility of respondent No.9 for cance..

Category: Property Law | Date: 15 Apr, 2009 | Hits: 36

Md. Abdur Rashid & others Vs. Most. Amena Khatun and others, 2009, 38 CLC (HCD)

....nt Afzal Hossain Ahmed J.-This Rule, at the instance of the plaintiff-respondent-petitioners, was issued calling upon the opposite party No.1 to show cause as to why the judgment and decree dated 19.9.2004 (decree signed on 29.9.2004) passed by the learned Additional District Judge, 1st Co......e Court below without appreciating the evidence adduced by the plaintiffs most illegally allowed the appeal dismissing the suit and thereby committed an error of law resulting in an error in the decision occasioning failure of justice and as such the same is not sustainable in law. 10..

Category: Property Law | Date: 13 Apr, 2009 | Hits: 2

Jaharlal Bandapadhya and others vs. Most. Begum Jahanara, 2009, 38 CLC (AD)

....with him) instructed by Syed Mahbubar Rahman, Advocate-on-Record-For Respondent Nos.1 (a)-1(k). Not represented-Respondent Nos.-2-9. Civil Appeal No.19 of 2006. (From the judgment and order dated 05.02.2003 passed by the High Court Division in Civil Revision No.662 of 1999.) Judgment ......ed that the High Court Division acted illegally in not holding that the plaintiff-respondent did not produce adequate and conclusive evidence in respect of framing of issues in the suit and its decision in upholding the judgment of the trial court has occasioned a failure of justice, which is ..

Category: Property Law | Date: 13 Apr, 2009 | Hits: 74

Abdus Sahid @ Shahid & others Vs. Anowara Begum & others, 2009, 38 CLC (HCD)

....t Afzal Hossain Ahmed J.-This Rule, at the instance of the plaintiff-appellant-petitioners, was issued calling upon the opposite party Nos.1-6 to show cause as to why the judgment and order dated 16.2.2005 passed in Miscellaneous Case No.9 of 2004 (under Order 41 Rule 21 of the Code of Civ......r I hold that the respondents are entitled to contest the appeal even though service of summons on them had been dispensed with under the Court's order. This view also finds support from the decision in the case of Ahejuddin Molla Vs. Hanufa Bibi and others reported in 26 D.L.R. (1974)..

Category: Property Law | Date: 9 Apr, 2009 | Hits: 2

Zahida Ahmed (Liza) Vs. Syed Noor Uddin Ahmed and another, 2009, 38 CLC (HCD)

....rtial disputes or financial matters of the 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 ...... 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. ..

Category: Family Law, Women and Children | Date: 16 Mar, 2009 | Hits: 182

Aysha Begum Vs. State, 2009, 38 CLC (HCD)

....th Criminal Appeal No. 6945 of 2008 and Criminal Miscellaneous Case No. 13454 of 2008. 2. Criminal Appeal No. 6945 of 2008 has been preferred by one Aysha Begum challenging the legality of order dated 5-10-2008 passed in Nari-o-Shishu Case No. 545 of 2008 by the learned Nari-o-Shishu Nirjatan D......14 years of age. In his estimate the learned tribunal below failed to consider the same. He submits for allowing the appeal releasing the victim to the custody of her appellant mother. He has cited a decision in the case of Mostafa Kamal Vs. State, reported in 58 DLR 453 and has submitted that the m..

Category: Women and Children | Date: 12 Mar, 2009 | Hits: 23

Mohammad Mosharraf Hossain Vs. Golam Mohamad and another, 2009, 38 CLC (AD)

....presented-Respondent No.1. Criminal Petition for Leave to Appeal No.475 of 2008. Judgment Md. Tafazzul Islam J. - This petition for leave to appeal is directed against the judgment and order dated 21.7.2008 of the High Court Division passed in Criminal Miscellaneous Case No.3417 of 2008, ar......y began and prosecution witnesses are being examined, is not permissible. 4. We are of the view that the High Court Division on proper consideration of the materials on record arrived at a correct decision and there is no illegality or infirmity in the above decision so as to call for any interfe..

Category: Banking Law | Date: 26 Feb, 2009 | Hits: 150

Fahima Nasrin Vs. Government of Bangladesh and others, 2009, 38 CLC (HCD)

.... jewellery from a young girl and thereafter killing her. He was charged under section 302 of the Penal Code and tried in Sessions Case No.43 of 2004 arising out of Bheramara Police Station Case No.12 dated 23.11.2003, corresponding to G.R. No.154 of 2003. It having been established that Rony was bel......guardian and is being detained without lawful authority, we have no hesitation to assume jurisdiction to adjudicate the legality or otherwise of the detention. In this regard we take support from the decision in case of State Vs. Deputy Commissioner, Satkhira and others reported in 45 DLR 643, where..

Category: Women and Children | Date: 11 Feb, 2009 | Hits: 189

A. J. M. Helal & others Vs. Bangladesh and others, 2009, 38 CLC (HCD)

....on 410 of the Code of Criminal Procedure and/or such other or further order or orders passed as to this Court may seem fit and proper. 3. Writ Petition No.3058 of 2008 is from judgment and order dated 12.02.2008 passed by the respondent No.3, Additional Metropolitan Sessions Judge, 1st Cou......s well maintained and it cannot be said that the defaulters have lost their fundamental right as guaranteed by the Constitution. 14. Mr. M. Faruque in support of his submission has relied on the decisions reported in 2 BLC (AD) 87, 26 BLD (AD) 172, 59 DLR (AD) 26, 13 BLC 686, 17 BLD (AD) 3..

Category: Corporate Law | Date: 9 Feb, 2009 | Hits: 5

AJM Helal Vs. Bangladesh and others, 2009, 38 CLC (HCD)

....certain pre-condition for bringing prosecution against the drawer of the unpaid cheque. Under section 138(c) of the Act, 30 days' time is given for payment of the amount due under the cheque from the date of receipt of notice regarding dishonor of cheque issued by the payee. The payee has to wait fo......is well maintained and it cannot be said that the defaulters have lost their fundamental right as guaranteed by the Constitution. 14. Mr. M Faruque in support of his submission has relied on the decisions reported in 2 BLC (AD) 87, 2006 BLD (AD) 172 = 59 DLR (AD) 26, 13 BLC 686, 1997 BLD (AD) 3..

Category: Civil Law | Date: 9 Feb, 2009 | Hits: 45

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