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Ayub Ali alias Mukul Vs. State, 2008, 37 CLC (HCD)
.... of money within a specified time was made and no allegation of inducement for getting the loan money from the informant was made. The accused petitioner took the money from the informant as loan for business purpose and, as such, there is no ingredient of entrustment also. In the absence of such de...... August 14, 2008. Result: The Rule is made absolute. At the time of taking loan no promise as to return of money within a specified time was made and no allegation of inducement for getting the loan money from the informant was made. The accused petitioner took the money from th...... 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. ..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.
......
Ministry of Home Affairs and Others.............. Respondents
Judgment
August 14, 2008.
Result:
The Rule and the supplementary Rule are made absolute.
Words and Phrases
DNA
DNA stands for ‘Deoxyribonucleic Acid’, a molecule that contains al......n Bangladesh
The courts of Bangladesh will not enforce those Covenants as treaties and conventions, even if ratified by the State, are not part of the corpus juris of the State unless these are incorporated in the municipal legislation. However, the court can look into these conventions and cove......cle 3(1) of the Convention provides “In all actions concerning children, whether undertaken by public or private social welfare institution, courts of law, administrative authorities or legislative bodies, the best interests of the child shall be a primary consideration.”
26. Our courts..
Category: Women and Children | Date: 14 Aug, 2008 | Hits: 201
....umstances of the case to the
government.
(6) If it is represented to the Registrar
on materials placed before him by any member, contributory, creditor or any
other person interested that the business of a company is being carried on in
fraud of its members, creditors or persons dealing wit......o adjudicate any question arising out
of to exercise power
under the provision of section 193. Section 2(d) of the Companies Act, 1994,
which conferred power upon the Company Bench, has categorically provided that
in order to exercise power in respect of adjudicating any dispute respecting......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.
......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.
..
Category: Company Law | Date: 12 Aug, 2008 | Hits: 18
Idrisur Rahman (Md) Vs. Bangladesh, 2008, 37 CLC (HCD)
....ide the channel of the Ministry of Law as an executive branch of the State violating said Rules of Business. Moreover, serial No. 30, item No. 14 of Schedule I of the Rules of Business (allocation of business) provides that the matters relating to the administration of justice be dealt with by the M...... SC 710, 725, Peergada Kazi Shariatulla and others vs. Bangladesh in Writ Petition No. 2207 of 2008; M Shamsul Huque and others vs. Bangladesh and others in Writ Petition 4300 of 2008; Bhagat vs Emperor: AIR 1931 PC 111; Emperor vs. Bencari Lai (Lord Chancellor): AIR 1945 PC 48; Lakhi Narayan Das vs...... very limited for the executive, which is transient in nature. This is a residual legislative power delegated by the Constitution to the President. 53. Doctrine of separation of power has been incorporated in our Constitution. The Constitution vests the executive power of Republic in the execut......d 112. 72. Article 102 has incorporated the concept of the judicial review by this Division of administrative actions or omissions of the executive, legislature and other statutory and/or public bodies or authorities. In a proper case, this Division is empowered, inter alia, to direct a person ..Category: Constitutional Law | Date: 7 Aug, 2008 | Hits: 236
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. ...... 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 otherwise) must be considered first and foremost in dealing with all aspects concerning that chil......lating 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 be made an offence and incorporated in the Children Act, making the parents/ guardians of any child used for carrying drugs c......e 3(1) it is stated as follows: “In all actions concerning children, whether undertaken by public or private social welfare institutions, courts of law, administrative authorities or legislative bodies, the best interests of the child shall be a primary consideration” [emphasis added] Arti..Category: Women and Children | Date: 22 Jul, 2008 | Hits: 147
Reckitt Benckiser (Bangladesh) Ltd. Vs. Oram Limited, Sale Centre, 2008, 37 CLC (HCD)
....y;deshi Company as given in various clauses of section 2 of the Companies Act, 1994 (the Act, 1994) it would appear that it is the Board of Directors of the company which controls the affairs and the business of the company. Mr. Huq by referring to article 131 made further specific submission that t...... Referred to- Punjab Ali Pramanik and others Vs. Mohd. Mokarram Hossain, 29 DLR (SC) 185. Lawyers Involved: Rafique-ul-Huq with Ahsanul Karim, Faheemul Huq and Khairul Alam Chowdhury- For the Petitioner. Amirul Islam with, Tania Amir and Anwar Patwary- For the Opposite Party. ...... was filed to show that the central control and management of the petitioner company is used to be exercised by Reckitt Benckiser PLC U.K. It is an admitted fact that the petitioner company is incorporated in Bangladesh having its registered office here and the "Memorandum and Articles of ...... 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)
....informant, used to purchase ponds to rear fish in those ponds and used to sell the fish; that the accused Hannan, Ashabuddin alias Ashad and Baten were the employees of the deceased Afazuddin in that business; that the informant's father used to sell fish to the accused, Abdus Salam, who was a A......llip;……....................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 co......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. ......sion made by the convict appellant is not admissible in evidence since it has not been corroborated by any other witness. In this regard, he referred to section 24 of the Evidence Act. This section embodies that extra-judicial confession made before the authority where there remains some sort of con..Category: Evidence Law | Date: 29 Jun, 2008 | Hits: 175
City Bank Ltd. Vs. Artha Rin Adalat No.1 Dhaka and others, 2008, 37 CLC (HCD)
....s and is engaged in the business of banking as per law of the land having its registered office at 10, Dilkusha C/A (Jiban Bima Tower), Dhaka. The petitioner-City Bank Ltd has been doing banking business by its various branches throughout the country. Respondent No.2, Agrani Bank as a plaintif......stitution against the judgment and decree passed by the Artha Rin Adalat An application under Article 102 of the Constitution does not lie against the judgment and decree whether ex parte or on contest passed by the Artha Rin Adalat since there being specific provision in the statute fo......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. ......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. ..Category: Civil Law | Date: 17 Jun, 2008 | Hits: 7
Golam Md. Shiblee Vs. Second Labor Court, 2008, 37 CLC (HCD)
....er but at his instigation his younger brother assaulted complainant Gongaram which is undoubtedly a dishonesty on his part which comes under the definition of misconduct and also against the rules of business and customs prevailing in the Tea Garden and is punishable under section 17(3)(b) and (g) o......al Original Jurisdiction) Present: Mir Hashmat Ali J SM Emdadul Hoque J Golam Md. Shiblee, Manager Jaghcharra Tea Estate ……………………Petitioner Vs. Second Labor Court ……………………..........................................Respondents Judgment......e case is, that the petitioner is the Manager of Jaghcharra Tea Estate, an establishment of the Consolidated Tea and Lands Co (Bangladesh) Limited (Finals Swine Group), a limited liability company, incorporated in Bangladesh, under the Companies Act, 1913 having its registered office in Bangladesh o......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
A.B.M. Khaliquzzaman and others Vs. United Commercial Bank Ltd. and others, 2008, 37 CLC (HCD)
.... more in agreement with the intention of the legislature to introduce the depository regime in this country to address issues of investors' security and in the interest of exigency of commerce and business. In any case, and upon a careful analysis of the 1999 Act and 2003 Regulations it is evide......ibagh Chowdhury Para, Dhaka-1217 and others.................................................Petitioners (In Matter No.01 of 2008) A.K.M. Golam Boholul, Son of late Abdul Aziz Ahmed 572, 2nd Floor, Uttar Shahjahanpur, Dhaka-1217 and another.......................Petitioners (In Matter No.10 o......n or inertia currently disentitles even these direct account-holding individuals from bringing these Applications before this Court. Here Mr. Mahmud has drawn a distinction between the concepts of corporate rights and corporate benefits and submits that while suffering from the disability in the......ng up of this Order and to report the compliance thereof within 1(one) week thereafter. There is no order as to costs. Ed. This Case is also Reported in: 28 BLD (HCD) (2008) 635. ..Category: Company Law | Date: 11 Jun, 2008 | Hits: 43
Haji Nasirullah and another Vs. Government of Bangladesh and others, 2008, 37 CLC (HCD)
....thin the city from morning to 8/9 p.m. As a result, the members of English Road Iron and Steel Merchants Association (in short, the Association) have been facing serious problems in carrying on their business. The Association through the petitioner had been looking for a piece of land at Jatrabari a...... and 3071 are disposed of. Cases Referred to- M. A. Salam Vs. Government of the People's Republic of Bangladesh represented by the Secretary, Ministry of Land Administration and Land Reforms and Others, (2001) 6 MLR (AD) 184; Noel Gregory Mendes Vs. Deputy Commissioner, Chittagong and ......ed. No order as to costs. The Rule issued in Writ Petition No.3071 of 2008 is discharged without any order as to costs. Ed. This Case is also Reported in: 29 BLD (HCD) (2009) 7. ......ed. No order as to costs. The Rule issued in Writ Petition No.3071 of 2008 is discharged without any order as to costs. Ed. This Case is also Reported in: 29 BLD (HCD) (2009) 7. ..Category: Property Law | Date: 8 Jun, 2008 | Hits: 11
Tasmima Hossain Vs. Anti-Corruption Commission and others, 2008, 37 CLC (HCD)
....tution. 2. Short facts for disposal of the Rule are that the petitioner is the wife of Anwar Hossain Monju, former Minister of the Government of the People's Republic of Bangladesh. She is a business lady and an individual tax-payer. She is one of the Directors of the Ittefaq Group of Publi......pecial Original Jurisdiction) Present: Mohammad Abdur Rashid J Md. Ashfaqul Islam J Tasmima Hossain..................................................Petitioner Vs. Anti-Corruption Commission, represented by its Chairman, Head Office: 1 Segunbagicha, Dhaka and others&hel......tion but by dint of clause (2) of article 152, 'person' under section 3(39) of the General Clauses Act, 1897 would mean to include any company or association or body of individuals, whether incorporated or not. Such person need not be personally aggrieved by the action or omission which he/s...... authority and as such, of no legal effect and accordingly, quashed so far the petitioner is concerned. Communicate at once. Ed. This Case is also Reported in: 29 BLD (HCD) (2009) 1. ..Category: Anti-Corruption Laws, Criminal Law | Date: 8 Jun, 2008 | Hits: 7
Abul Kalam Azad (Md.) Vs. State and another, 2008, 37 CLC (HCD)
....ali Chamber of Commerce Rules of Tribunal of Arbitration and means one or more out of several and includes all. As per Bihar and Urishya Municipal Act, 1972 'any' in section 259 does not mean all the business and trade specified therein, but, in Bihar Panchayet Election Rule-1979 under Rule-2 (G) me......alam Azad (Md.)……….......Petitioner Vs. State and another……………….....Opposite parties Judgment May 22, 2008. Result: The Rule is made absolute. Words and phrases Any The word “any” used with singular countable nouns refers to one o...... Metro Sessions Case No. 152 of 2007 pending in the court of Metropolitan Assistant Sessions Judge, 5th Court, Dhaka is quashed. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 91. ...... Metro Sessions Case No. 152 of 2007 pending in the court of Metropolitan Assistant Sessions Judge, 5th Court, Dhaka is quashed. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 91. ..Category: Banking Law | Date: 22 May, 2008 | Hits: 227
Mrs. Shahida Khatun and another Vs. Zafrul Hasan and State, 2008, 37 CLC (HCD)
....ainant filed C.R. Case No.549 of 2003 in the Court of Magistrate, First Class, Jessore under sections 406, 420 of the Penal Code against the petitioners alleging, inter alia, that Nitol Motors Ltd. a business concern dealing in vehicle of different, models and in between 21-03-2000 to 20-05-2000, ac......q and another, 43 DLR (AD) 173; Rahela Khatun Vs. Abul Hossain and others, 48 DLR (AD) 213; Golam Sarwar Hiro Vs. The State and another, 13 MLR (AD) 103. Lawyers Involved: No one appears - For the accused-petitioners. S. M. Shafiqul Islam Babul, Advocate with S.M. Humayun Kabir Chowd....... 19. Office is directed to send down the record of the case with a copy of Judgment for information and necessary action. Ed. This Case is also Reported in: 17 MLR (HCD) (2012) 463. ....... 19. Office is directed to send down the record of the case with a copy of Judgment for information and necessary action. Ed. This Case is also Reported in: 17 MLR (HCD) (2012) 463. ..Category: Procedural Law | Date: 18 May, 2008 | Hits: 41
.... creation of Pakistan on 14 August 1947, the ancestors of the petitioners as well as other Urdu-speaking Muslims left their home in India and immigrated to the then East Pakistan, settled and started business in different districts. They were recognized as citizens of erstwhile Pakistan and many of ...... Khan and others Vs. Bangladesh and others of writ petition No. 3831 of 2001; Mukhtar Ahmed Vs. Bangladesh, (1982) 34 DLR 29.
Lawyers Involved:
Md. Rafiqul Islam Miah with Md. Hafizur Rahman - For the Petitioners.
Azim Khair Manna, Deputy Attorney General, with Md. Zafar Imam, Assistant Att......a copy of this order be sent to the Election Commission at once for guidance and necessary action
Md. Ashfaqul Islam J.- I agree
Ed.
This Case is also Reported in: 60 DLR (HCD) (2008) 407.
......a copy of this order be sent to the Election Commission at once for guidance and necessary action
Md. Ashfaqul Islam J.- I agree
Ed.
This Case is also Reported in: 60 DLR (HCD) (2008) 407.
..
Category: Election Law | Date: 18 May, 2008 | Hits: 122
Zakir Hossain and another Vs. Md. Yousuf Kabir and others, 2008, 37 CLC (HCD)
....eady for peremptory hearing. Defendant's story of delivery of possession by the plaintiffs also appear to us against the common course of natural events, human conduct and public and private business in relation to the facts of the case as articulated in section 114 of the Evidence Act. If ......ellip;……………Respondents Judgment May 13, 2008. Result: The appeal is dismissed. Lawyers Involved: A.J. Mohammad Ali with Bilkis Jahan- For the Appellants. M.I. Farooqui with Md. Ruhul Quddus- For the Respondents. First Appeal ......s of the compromise. We have seen the alleged writing of Mr. Abdul Majid as to the receipt of taka 16,60,000/00 allegedly paid to him by the defendants as a settlement to leave the suit property as incorporated in the additional paper book. It is to be noted that original money receipt was......s confirmed. There will be no order as to costs. Send down the lower court's record immediately. Ed. This Case is also Reported in: 29 BLD (HCD) (2009) 347. ..Category: Property Law | Date: 13 May, 2008 | Hits: 5
....ner along with ammunition pursuant
to an order dated 27.03.02 of respondent No.2, the Deputy Commissioner at
Chittagong at the instance of the petitioner.
2. The petitioner
is stated to a businessman and permanent resident in the city of Chittagong.
Upon an application, said respond......………..Respondents
Judgment
April 10, 2008.
Result:
The Rule is made
absolute.
The Arms Act, 1878 (Act No. IX of 1878);
section 26
Deputy Commissioner or Officer-in-charge
of a police station is not government for the purpose of cancellation of arm...... ammunition to the petitioner within a period of seven days of receipt of
this order, positively.
Communicate at
once.
Ed.
This Case
is also Reported in: 28 BLD (HCD) (2008) 624.
...... ammunition to the petitioner within a period of seven days of receipt of
this order, positively.
Communicate at
once.
Ed.
This Case
is also Reported in: 28 BLD (HCD) (2008) 624.
..
Category: Arms Law | Date: 10 Apr, 2008 | Hits: 10
Bangladesh Institute of Planners Vs. Government of Bangladesh and others, 2008, 37 CLC (HCD)
....860 by the Registrar of Joint Stock Companies under Serial No.S-542/13 of 1974-1975 and having its Registered Office in Dhaka and its motto is to promote and advance the Art and Science, practice and business of physical planning in all its branches throughout Bangladesh and also to promote efficien......hmed and others, AIR 1961 (Punjab) 105; Ramesh K Sharma Vs. Rajsthan CS, AIR 2001 (SC) 262; SK A Rashid Vs. Bangladesh, 29 DLR 362; Prem N Sharma Vs. Lucknow University, AIR (1959) All 618; R Vs. Sepyor, (1916) 1 KB 595. Lawyers Involved: Mainul Hosein, with Hassan MS Azim, Advocates - For th......nner in the department. Considering the facts and circumstances of the case, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 13 BLC (HCD) (2008) 494. ......nner in the department. Considering the facts and circumstances of the case, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 13 BLC (HCD) (2008) 494. ..Category: Civil Law | Date: 6 Apr, 2008 | Hits: 49
Khandaker Mahmud Hasan Vs. Amirul Islam, 2008, 37 CLC (HCD)
....o an absurd situation. The right of bona fide requirement is always with landlord but he is under legal obligation to prove that he needs the premises for such requirement. Expansion of existing business of a landlord run in a shop room adjacent to the shop room let out to a tenant involves ele......fer of Property Act, 1882 (Act No. IV of 1882); section 106 Once a tenancy comes into an existence the tenant cannot convert his tenancy into a permanent one by doing any act adverse to the landlord.......................(37) Cases Referred to- Chand Miah Sawdagar Vs. AMA Rahamn......hop premises within 4(four) months from date. Let a copy of the judgment along with LC record be send down at once. Ed. This Case is also Reported in: 28 BLD (HCD) (2008) 202. ......hop premises within 4(four) months from date. Let a copy of the judgment along with LC record be send down at once. Ed. This Case is also Reported in: 28 BLD (HCD) (2008) 202. ..Category: Tenancy Law | Date: 27 Mar, 2008 | Hits: 13
Abul Hasnat Nurul Kabir Vs. Government of Bangladesh and others, 2008, 37 CLC (HCD)
....0.11.2005 in the Court of the Chief Metropolitan Magistrate, Dhaka showing the date of occurrence as 8.5.2005, 30.9.2005, 10.10.2005, 23.10.2005 and 25.10.2005. The petitioner by profession is a businessman, who had a deal with the said company to have financial accommodation under a contact da......file appeal under section 410 of the Cr PC was taken away- Under section 410 of the Cr PC the accused could file the appeal with 60 days from the date of conviction excluding the time requisite for obtaining certified copy of the judgment. But under the Ain an accused after conviction has to fi...... not find any substance in this Rule. Accordingly, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 29 BLD (HCD) (2009) 275. ...... not find any substance in this Rule. Accordingly, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 29 BLD (HCD) (2009) 275. ..Category: Criminal Law, Procedural Law | Date: 12 Mar, 2008 | Hits: 5
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