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....Civil Revision No.2219 of 2003.
Judgment
Syed Abu Kowser Md. Dabirush-Shan J.- This Rule was issued calling upon the opposite party No.1 to show cause as to why the judgment and decree dated 02.04.2003 and 08.04.2003 respectively passed by the learned Joint District Judge, 2 Court, Sa......ut referring the evidence on record reversed the judgment and decree passed by the trial court occasioning failure of justice which is liable to be set aside. In this connection I like to rely on the decision in the case of Ranjit Sarker and others Vs. Sree Sukhendu Bikash Biswas arid others re..
Category: Civil Law, Property Law | Date: 5 Aug, 2008 | Hits: 4
Md. Mafizur Rahman Tutu and others Vs. State, 2008, 37 CLC (HCD)
....tance of the accused petitioners, calling upon the opposite party to show cause as to why the proceedings of Session Trial Case No.273 of 2002, arising out of Bandar Police Station Case no 18(3) 2002 dated 19-03-2002 corresponding to G.R. Case No.338 of 2002 under section 22(ga) of the Narcotics Con......s the wide poser to investigate the offences punishable under the Act. Therefore, we are unable to accept the submissions advanced by the learned counsel for the petitioners. We have gone through the decisions of the case reported in 1985 BLD (AD) 278, as referred by the learned Counsel for the peti..Category: Criminal Law | Date: 31 Jul, 2008 | Hits: 92
Motahera Begum and others Vs. Abdul Monaf and others, 2008, 37 CLC (HCD)
....oners. Md. Alamgir Kabir- For the Defendant-Appellant-Opposite Parties. Civil Revision No. 6457 of 2002. Judgment Syed Abu Kowser Md. Dabirush-Shan J.-the judgment and decree dated 2.11.2002 and 9.11.2002 respectively passed by the learned Joint District Judge, 2nd Court, Co......not arrived at by the lower appellate court is final unless it is manifestly perverse. Next he submits that the lower appellate court was absolutely right and justified in arriving at its finding and decision in reversing the judgment and decree passed by the trial court because there is no misreadi..Category: Property Law | Date: 30 Jul, 2008 | Hits: 2
Md. Karamot Ali Alias Rafique Alias Rafiqul Islam Vs. The State, 2008, 37 CLC (HCD)
....of Criminal Procedure was issued at the instance 6f convict petitioner Md. Karamot Ali alias Rafique alias Rafiqul Islam calling upon the opposite party to show cause as to why the judgment and order dated 22.10.2006 passed by the learned Judge of the Special Tribunal No.1, Kushtia in Special Tribun......cess of the court. Therefore, he submits that to secure the ends of justice the conviction and sentence is liable to be quashed. In support of the contention learned advocate has referred to the decision in the case of Md. Jahangir Alam alias Zakir Vs. The State, reported in 10 MLR (AD) 335. In..Category: Criminal Law | Date: 30 Jul, 2008 | Hits: 5
State Vs. Metropolitan Police Commissioner, Khulna and others, 2008, 37 CLC (HCD)
.... it is they who are liable and not the child. 13. The Legislature should consider amending the Children Act, 1974 or formulating new laws giving effect to the provisions of the UNCRC, as is the mandate of that Convention upon the signatories. 14. The use of children as ‘drug mules’ should ......aling with the accused in the instant case. It is for the Court dealing with any particular case to consider all the relevant legal provisions and all the prevailing circumstances before reaching any decision on the issues raised in the case. 15. However, there still remains the question of the c..Category: Women and Children | Date: 22 Jul, 2008 | Hits: 147
Reckitt Benckiser (Bangladesh) Ltd. Vs. Oram Limited, Sale Centre, 2008, 37 CLC (HCD)
....twary- For the Opposite Party. Civil Revision No.4613 of 2007. Judgment Md. Abdul Wahhab Miah J.-This rule was issued calling upon the opposite party to show cause as to why order No.3 dated 16.8.2007 passed the District Judge, Dhaka in Arbitration Miscellaneous Case No.661 of 2007 sh......uddin Mahmud, a senior Advocate. The arbitrators gave the award on 12.10.2006. 3. Of the 3(three) arbitrators Mr. Justice K.M. Hasan gave a dissenting award and thus because of the majority decision the award went in favour of the opposite party. Thereafter, the present petitioner fil..Category: Alternative Dispute Resolution | Date: 13 Jul, 2008 | Hits: 18
Abdul Hannan Vs. State, 2008, 37 CLC (HCD)
....he State Respondent. Criminal Appeal No.1638 of 1995. Judgment Siddiqur Rahman Miah J. - This criminal appeal at the instance of Abdul Hannan is directed against the judgment and order dated 18-11-1986 passed by the learned Sessions Judge, Narayanganj in Sessions Case No. 4 of 1986 co...... and sentence is bad in law as well as on facts and circumstances of the case and, as such, the impugned judgment and order of conviction and sentence is liable to be set aside. 11. He cited the decisions in the case of State Vs. Mozam reported in 9 BLC 163; in the case of Mobarak Ali Gazi Vs. ..Category: Evidence Law | Date: 29 Jun, 2008 | Hits: 175
Khairul Amin and others Vs. Md. Saidul Hoque & another, 2008, 37 CLC (HCD)
.... Revision No. 2586 of 2006. Judgment Bijan Kumar Das J. - Leave was granted and Rule issued calling upon the opposite party No. 1 to show cause as to why the impugned judgment and order dated 27-4-06 passed by 3rd Court of the learned Additional District Judge, Chittagong in Civil Rev......e provisional Court below has also compensated the defendant by granting a cost of Taka 3,000 for the delay in the disposal of the suit. 1 therefore, find no illegality or infirmity in the impugned decision of the provisional Court resulting in erroneous decision occasioning failure of justice a..Category: Evidence Law | Date: 19 Jun, 2008 | Hits: 8
Ahmed Hossain (Md.) and others Vs. Nasima Khatun and another, 2008, 37 CLC (HCD)
.... SM Ziaul Karim J.- By this appeal under section 28 of the Nari-o-Shishu Nirjatan Daman Ain, 2000 (briefly as Am, 2000), the accused appellants have challenged the legality and propriety of the order dated 5-8-2007, passed by the learned Judges of Nari-o-Shishu Nirjatan Daman Tribunal, Thakurgaon, i......unal is to be filed under the provision of the said section and the general provision of the Code of Criminal Procedure shall have no application in that respect." 23. In view of the aforesaid decisions, as Nari-o-Shishu Nirjatan Daman Ain, 2000 is a Special law. So, in view of the Provisions..Category: Women and Children | Date: 18 Jun, 2008 | Hits: 28
Nadia Khalil Vs. Rudess Karim, 2008, 37 CLC (HCD)
....cation under Section 115 (1) of the Code of Civil Procedure, the plaintiff-respondent-petitioner Nadia Khalil obtained this rule on 05.05.2008 challenging the legality and propriety of the order dated 27.4.2008 passed by the learned District Judge, Dhaka in Family Appeal No.32 of 2008, rejecti......ty, who then may be defamed in the society, which may perhaps out caste her from our religious conservative society. A court must not rely upon any untested allegation, in order to make a decisive decision, specially when the same has the effect of depicting a woman with unchastety coupled with ..Category: Family Law | Date: 17 Jun, 2008 | Hits: 19
Golam Md. Shiblee Vs. Second Labor Court, 2008, 37 CLC (HCD)
....iminal Appeal No. 4348 of 2003. Judgment SM Emdadul Hoque J. - In the instant writ petition the Rule was issued calling upon the respondent Nos. 1 and 2 to show cause as to why the decision dated 28-5-2003 passed by respondent No. 1 in Complaint Case No. 14 of 2002 shall not be declared to...... Criminal Appeal No. 4348 of 2003. Judgment SM Emdadul Hoque J. - In the instant writ petition the Rule was issued calling upon the respondent Nos. 1 and 2 to show cause as to why the decision dated 28-5-2003 passed by respondent No. 1 in Complaint Case No. 14 of 2002 shall not be de..Category: Labour and Industrial Law | Date: 17 Jun, 2008 | Hits: 30
State Vs. Ershad Sheikh, 2008, 37 CLC (HCD)
....-o-Shishu Nirjatan Daman Tribunal, for confirmation of sentence of death awarded by him to condemned-prisoner Ershad Sheikh convicting him under section 11 (ka) of the Ain by the judgment and order dated 23-11-2004 passed in Nari-o-Shishu Case No.219 of 2004. 2. Against that judgment and order ......nce another Division Bench of this Court held that causing death for dowry had not been proved and, therefore, trial by the Tribunal was vitiated for want of jurisdiction. It was further held the decisions in the case of Eunus Khan and Mannan Gazi were given per incuriam. Accordingly those decis..Category: Women and Children | Date: 17 Jun, 2008 | Hits: 157
AKM Nazimuddin Vs. Md. Delwar Hossain and others, 2008, 37 CLC (HCD)
....For Opposite-Party No.1. Civil Revision No.4817 of 2005. Judgment Shahidul Islam J.- By the Rule, the opposite party No.1 was called upon to show cause as to why the judgment and order dated 4-9-2005 passed in Miscellaneous Appeal No.72 of 2003 by the learned Additional District Judge...... before the appellate Court allowing him to make deposit of the balance consideration money was liable to be allowed and the appellate Court has committed an error of law resulting in an error in the decision occasioning a failure of justice in rejecting the prayer for amendment. (ii) the pre-e..Category: Property Law | Date: 11 Jun, 2008 | Hits: 12
A.B.M. Khaliquzzaman and others Vs. United Commercial Bank Ltd. and others, 2008, 37 CLC (HCD)
....ment. 2. The facts of all these cases may be traced back to the time when on 4.9.2005 the Bank in compliance with a directive of the Securities and Exchange Commission ("SEC") issued a notice dated 13.9.2005 for holding the 20th 21st and 22nd AGMs on 3.10.2005 for the years 2003, 2004 and 2......g notices to be issued afresh, it is submitted that a new Record Date must correspondingly be resolved upon afresh and the SEC Notification of 26.11.2001 shall have to be read in light of a fresh decision so taken. It is further submitted that any bar operating under Condition 2 of the said ..Category: Company Law | Date: 11 Jun, 2008 | Hits: 43
Haji Nasirullah and another Vs. Government of Bangladesh and others, 2008, 37 CLC (HCD)
....hittagong highway where a whole sale market for vegetables has been functioning. Plot No.5003 is contiguous to plot No.4805. All of a sudden, the petitioner came to know about the service of a notice dated 12.7.2007 under the signature of respondent No.6 on behalf of respondent No.7 under section 3 ......Commissioner (Land) took step for recovery of the khas land measuring 6.30 acres of R.S. plot No.2357. Respondent No.9 issued a letter to the Deputy Commissioner by memo dated 25.5.1998 informing the decision of the National Economic Committee regarding (1) the use of Government khas land in impleme..Category: Property Law | Date: 8 Jun, 2008 | Hits: 11
Tasmima Hossain Vs. Anti-Corruption Commission and others, 2008, 37 CLC (HCD)
....sued asking the respondent Anti-corruption Commission to show cause as to why initiation and continuation of proceedings of ACC GR Case No.125 of 2007 corresponding to Dhanmondi PS Case No.20 of 2007 dated 07.10.07 then pending before the Court of Chief Metropolitan Magistrate at Dhaka should not be......rom interfering with the orders of lower court since the accused were found to be fugitive from justice as they were not in custody after conviction and sentence. There cannot be two opinions on such decision but such authority would be of no help for the Commission in the case before us. 31. F..Category: Anti-Corruption Laws, Criminal Law | Date: 8 Jun, 2008 | Hits: 7
Mst. Phulbanu @ Phul Vs. State, 2008, 37 CLC (HCD)
.... at the instance of accused petitioner, calling upon the opposite party to show cause asto why the proceedings of G.R. Case No.102 of 2005 (Sherpur) arising out of Sherpur Police Station Case No.11 dated 29-09-2005 under sections 406, 420 of the Penal Code, now pending in the Court of Magistrate,......tions contain the ingredients under the Penal Code, the complainant's case before the Magistrate cannot be stifled by quashing." 13. We are in respectful agreement with the aforesaid decision. 14. We have gone through the decision reported in 44 DLR (AD) 260 as referred by the..Category: Procedural Law | Date: 5 Jun, 2008 | Hits: 4
Mannan alias Mannan Khan (Md.) Vs. State, 2008, 37 CLC (HCD)
....l No.3627 of 2007. Judgment SM Ziaul Karim J.- By this Appeal, the convict appellant has challenged the legality and propriety of the judgment and order of conviction and sentence dated 26-7-2007 passed by the learned Additional Sessions Judge, First Court and Special Tribunal No......er financial or otherwise. Secondly, the learned Judge of the Tribunal failed to weigh and sift the evidence on record as required by law and evidently fell in an error in coming to his ultimate decision occasioning failure of justice. 10. Mr. Osman Gani, the learned Assistant Attorney-Gen..Category: Criminal Law | Date: 4 Jun, 2008 | Hits: 2
Md. Emdad Hossain and another Vs. Bangladesh Biman Corporation and others, 2008, 37 CLC (HCD)
.... Corporation and others…………………………………… Respondents Judgment June 4, 2008. Result: The Rules are made absolute. Amendment of a plaint dates back to the filing of the suit. But the amendment of a substantive law by way of repeal or ad......ent of substantive law by way of repeal or addition is not retrospective unless expressly laid down or by necessary implication inferred. 17. The learned Advocate for the petitioner cites the decision in the case of Capt. Mir Mazharul Huq Vs. Bangladesh Biman Corporation and Others (2008) 1..Category: Procedural Law | Date: 4 Jun, 2008 | Hits: 7
Abul Kashem-al-Asad Vs. Abdul Muhib and others, 2008, 37 CLC (HCD)
....the Opposite Parties. Civil Revision No. 2670 of 2004. Judgment MA Wahhab Miah J.- This Rule was issued calling upon opposite parties No. 1-6 to show cause as to why the orders dated 17-4-2002 and 17-4-2003 passed by the Joint District Judge, Second Court, Sylhet in Title Sui......d and the decree passed in the earlier Suit was executed and the relevant papers also having been filed by a first which the plaintiff did not deny no further evidence was necessary to come lo the decision that the suit was barred under the principle of res judicata, so the court below committed ..Category: Procedural Law | Date: 28 May, 2008 | Hits: 5
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