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Md. Abdur Rashid & others Vs. Most. Amena Khatun and others, 2009, 38 CLC (HCD)
.... is discharged, however, without any order as to costs. Send down the Lower Court Records at once. Ed. This Case is also Reported in: 29 BLD (HCD) (2009) 296. ......nd also for declaration that the Heba-bil-ewaz deeds being Nos.4080 of 1997 and 4266 of 1997 are fraudulent, forged, collusive, and not binding upon the plaintiffs. 3. Plaintiff Nos.1-5 are full brothers and the sole defendant is their sister and the plaintiff No.6 is their mother. Th...... is discharged, however, without any order as to costs. Send down the Lower Court Records at once. Ed. This Case is also Reported in: 29 BLD (HCD) (2009) 296. ..Category: Property Law | Date: 13 Apr, 2009 | Hits: 2
Jaharlal Bandapadhya and others vs. Most. Begum Jahanara, 2009, 38 CLC (AD)
....ourt Division. In such view of the matter we find not substance in this appeal. The appeal is dismissed without any order as to cost. Ed. This Case is also Reported in: VII ADC (2010) 155. ......with a direction for comparison of the signatures of the defendants appearing in the disputed agreement with those in the written statement and after remand the trial Court upon hearing the parties fully decreed the suit. Against which, the defendant No.1 (petitioner No.1) preferred Title appeal N...... case is that during the liberation war, defendants left this country for India leaving the suit property in the care of their family cook Sukh Ranzan Chakraborty, and that the suit property was damaged by the Pakistani Army and after liberation war in June, 1971 defendant No.2 came back and repai..Category: Property Law | Date: 13 Apr, 2009 | Hits: 74
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. ......on. Their case, in short, is that the detenu was not diagnosed with psychological or mental disability.He had been studying at the school with other students for the last six years. The detenu successfully passed the exams in previous years after competing with the other students. After his coming t......elfare 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……&hel..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. ......f Mostafa Kamal Vs. State, reported in 58 DLR 453 and has submitted that the mother of a victim girl is entitled to such custody. 9. Mr. Md. Shohrawardi, the learned Deputy Attorney-General, has fully supported the submission of the learned Advocate for the appellant. In addition, he has submit......plication for bail under section 498 of the Code cannot be entertained………………………(12) Custody of a minor in Nari-o-Shishu case As the victim is a minor, around 15 years of age, her unwillingness to go to the custody of her mother is immaterial. She has no choice. Her moth..Category: Women and Children | Date: 12 Mar, 2009 | Hits: 23
Fahima Nasrin Vs. Government of Bangladesh and others, 2009, 38 CLC (HCD)
....the Judiciary. Let the lower Court records be transmitted at once along with a copy of this judgment. Sheikh Abdul Awal J. - I agree. This Case is also Reported in: 61 DLR (HCD) (2009) 232. ......6 (the Rules). She submitted that the MoSW failed to appreciate and did not properly apply the provisions of the Act and illegally ordered the transfer of Rony to the District Jail, where he was unlawfully detained, until enlarged on bail by this Court. 8. The learned Deputy Attorney General, Mr.......interest litigation. Upon hearing the petitioner, Rule Nisi was issued calling upon the respondents No.1-8 to show cause as to why the detenu shall not be released and discharged on his attaining the age of 18 years in accordance with the provisions of section 67 of the Children Act, 1974. 2. Th..Category: Women and Children | Date: 11 Feb, 2009 | Hits: 189
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. ......edly obtained approval from the Supreme Court as to initiation of departmental proceeding against the petitioner without actually having any approval from neither the G.A. Committee nor from the full Court of the High Court Division and only got a nod from the honorable Chief Justice of Ba......েশ করা হইল। স্বাঃঅঃ ২৭-৮-২০০০ অতিরিক্ত রেজিষ্ট্রার। 17. From the said record at page 23 this Court finds another note sheet initiated by the Additional Registrar of the High Court D..Category: Administrative Law, Constitutional Law | Date: 5 Feb, 2009 | Hits: 2
Dr. Shipra Chaudhury and another Vs. Government of Bangladesh and others, 2009, 38 CLC (HCD)
....e for the petitioners, cites the case of Ms. Humaira Mehmood Vs. The State, PLD 1999 Lahore 494, in which it is held as under: "It was Islam which declared equality between a man and a woman. In matters of marriage a woman was given equal right to choose her life partner. After obtain......tted that on 24.11.2008, an application for stay was moved before the learned Chamber Judge of the Appellate Division, who, without passing any interim order, posted the matter for hearing before the full Court on 6.1.2009. Therefore, the learned Advocate for respondent Nos.1-3 prayed for adjournmen......, are: 4. The writ petition was filed by Dr. Shipra Chaudhry, a cousin of the detenu, and Ain O Salish Kendra, a society registered under the Societies Registration Act, 1860. The detenu is aged about 32 years and a doctor by profession. She has been living and working in the United Kingdo..Category: Women and Children | Date: 19 Jan, 2009 | Hits: 10
....t proceedings
arising out of the said ex parte
decree until 22-4-08 when the police came to the temple.
6. He asserted that aforesaid plaintiff
obtained the ex parte decree by using
LTI of a woman, namely, Giribal who was neither owner of the temple property
nor Shebayet of the deity. No s...... By an order dated 25-6-06 this Division discharged both the Rules
and vacated the order of stay of further proceeding of Title Execution No. 20
of 1986. Against said order Digendra Sarker unsuccessfully made a petition for
leave lo appeal being CP No. 992 of 2006 before the Appellate Division, w......pect of possession
until disposal of the aforesaid matter by the learned District Judge.
Send down the record at once.
Ed.
This Case is also Reported in: 61 DLR (HCD) (2009) 141.
..
Category: Hindu Law | Date: 18 Dec, 2008 | Hits: 22
Kamal Hossain (Md.) alias Md. Kamal Pramanik Vs. State, 2008, 37 CLC (HCD)
....he LC records along with a copy of this judgment to the Tribunal concerned immediately for information and necessary action. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 505. ......idences and convicted the appellant under section 9 (1) of the Nari-o-Shishu Nirjatan Daman Ain, 2000 to suffer imprisonment for life. He submitted that the victim girl is an adult and she had the full knowledge how a Muslim marriage is performed. She has elder sister who has been married and he......ce of the members of his family, this convict grew intimacy with his daughter and he proposed her to establish physical relationship. The victim girl refused the proposal and said that before marriage there cannot be any physical relationship with the convict. This convict assured her that at fi..Category: Women and Children | Date: 23 Nov, 2008 | Hits: 7
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. ......lure 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 brothers were the parties in the negotiation of transfer of the suit land to the petitioner whi......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. ..Category: Property Law | Date: 20 Nov, 2008 | Hits: 2
Abdul Hai (Md.) Vs. Bangladesh and others, 2008, 37 CLC (HCD)
....y his all retirement benefits as he is entitled under the law prevailing up to date. However, there shall be no order as to costs. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 485. ......en asserted in the writ petition that the writ petitioner was appointed as Sepoy in the Bangladesh Rifles on 31-7-1986, having identification No.47396, and since then he was discharging his duty with full satisfaction of the authority of the Bangladesh Rifles. The petitioner, being a very religious ......y his all retirement benefits as he is entitled under the law prevailing up to date. However, there shall be no order as to costs. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 485. ..Category: Employment/Service Law | Date: 18 Nov, 2008 | Hits: 33
Mosammat Setara Begum Vs. Al-Arafah Islami Bank Ltd. and others, 2008, 37 CLC (HCD)
....w. Office is directed to communicate the order at once with a copy of judgment for information and necessary action. Ed. This Case is also Reported in: 14 MLR (HCD) (2009) 480. ......er conferred under section 33(7) of the Ain 2003 passed an order conferring title of the petitioner's mortgaged property upon the bank and directed to issue a certificate to that effect. We are in full agreement with the impugned order of the Artho Rin Adalat. 14. Moreover we find that the ......o why the impugned order dated 24-08-2006 (Annexure-E to the writ petition) passed by the Artho Rin Adalat no.4, Dhaka, in Artho Execution Case no.60 of 2006, conferring title of petitioner's mortgaged property upon the decree holder bank, should not be declared to have been made without lawful ..Category: Civil Law | Date: 11 Nov, 2008 | Hits: 4
....ving promotion to the post of Deputy Director as per provision of Bangladesh Water Development Board (Employees) Service Rules. 1982.
Ed.
This Case is also Reported in: 61 DLR (HCD) (2009) 689.
......Development Board by the office order dated 27-4-1981. Thereafter, he was promoted to the post of Zonal Intelligence Officer by Office Order dated 8-2-1986. While he was serving in that capacity with full satisfaction of all concerned he was again promoted to the post of Assistant Director (Security...... has been approved made by the authority. For determining and fixing quota for appointment and promotion of Class 1 and 2 posts and also qualification for appointment of the said post a schedule (13 pages) was approved by the Board as an ad-interim arrangement and in serial No.72 of the said schedul..
Category: Employment/Service Law | Date: 9 Nov, 2008 | Hits: 117
....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.
......ate, DNA test could not be performed and there was news item that the office of respondent No. 2-3 was providing support to respondent No. 4. The petitioner believed that the children were being unlawfully detained by respondent No. 4 for unlawful gain. The petitioner apprehended that respondent No....... (DIG) in a single instance of pregnancy a serious doubt was created about their parenthood in the mind of the general public. It was alleged that the DIG’s wife used to procure children of various ages in order to traffic them out of the country as gathered from various newspapers. Meanwhile, the..
Category: Women and Children | Date: 14 Aug, 2008 | Hits: 201
....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.
......r on receipt of a written objection
against any such documents from any member of the company, is of opinion that
any information or explanation is necessary in order that such document may
afford full particulars of the matter to which it purports to relate, he may,
by a written order, call on ......rs which the petitioner replied on 27-6-2005, agreeing to pay the said
money subject to the 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..
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. ......ated by the Appellate Division in now famous case of the Secretary, Ministry of Finance vs Masdar Hossain 52 DLR (AD) 82 in which the Appellate Division issued 12 directives for ensuring complete and full separation and independence of the judiciary from the executive and legislative organs of the S......t has got no power to advise for making such an Ordinance and the President acted beyond his constitutional power in making such Ordinance. 42. Dr. Shahdeen Malik submitted that the process envisaged by the Ordinance is subversive of the independence of the judiciary with a view to consolidate ..Category: Constitutional Law | Date: 7 Aug, 2008 | Hits: 236
Mohammad Nasim Vs. State and another, 2008, 37 CLC (HCD)
....od of 4(four) months to the satisfaction of the learned Chief Metropolitan Magistrate, Dhaka. Communicate the order. Ed. This Case is also Reported in: 28 BLD (HCD) (2008) 483. ......t according to the doctors, Nasim has been kept under 72 hours constant observation and his condition is critical in the I.C.U. and he is fighting for life; that the left part of his body has been fully paralysed; that a Six-Member Medical Board constituted in the Lab Aid Hospital opined that Mo......Parliament for four terms and also a Minister of Home, Post and Telecommunications and Housing and Works during the Government of Awami League; that on 24.06.2008 he had suffered brain haemorrhage in Central Jail, Kashimpur, Gazipur and the left side of his body including the left hand and l..Category: Criminal Law | Date: 6 Aug, 2008 | Hits: 4
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. ......efault 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 100 bottle full of phensidyl sentence of 7 years imprisonment which is the maximum limit awarded to the convict......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. ......ly after specific directions were issued by order of this Court dated 14.5.2008 that proper steps were taken in accordance with section 66(1) of the Act to ascertain the age of the girl, by holding a full-fledged inquiry, where evidence in respect of her age was given by a number of persons. 10....... Judgment July 22, 2008. Result: The Rule is disposed of with observations. 1. It is the duty of this Court and all other Courts as well as the other state departments, functionaries and agencies dealing with children, to keep in mind that the best interests of the child (accused or oth..Category: Women and Children | Date: 22 Jul, 2008 | Hits: 147
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. ...... was made…………………….(48) The Court should apply two tests: Is it voluntary? Is it true? It is the duty of the Court to enquire very carefully into all the circumstances under which confession was made and to ascertain whether it is true.........................Respondent Judgment June 29, 2008. Result: The Appeal is allowed. Extra-judicial confession Extra-judicial confession if not recorded in the own language of the accused raises doubt about the genuineness of the extra-judicial confession…&helli..Category: Evidence Law | Date: 29 Jun, 2008 | Hits: 175
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