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Bangladesh Jatiyo Mahila Ainjibi Samity (BJMAS) Vs. Ministry of Home Affairs and Others, 2008, 37 CLC (HCD)

....Mahmudul Islam-Amicus Curiae.  Writ Petition No. 5359 of 2006.  Judgment  Syed Mahmud Hossain J.- In this application under Article 102 of the Constitution of the People’s Republic of Bangladesh, a Rule Nisi was issued calling upon the respondents to show cause as to why re......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. ..

Category: Women and Children | Date: 14 Aug, 2008 | Hits: 201

Idrisur Rahman (Md) Vs. Bangladesh, 2008, 37 CLC (HCD)

....ntimation while Mr. Mahmudul Islam declined to receive the notice of request issued by the Court. 5. The petitioner is stated to be an Advocate of the Supreme Court and made the writ petition in public interest to uphold the supremacy of the Constitution for ensuring the independence and separa......nd this Constitution and to maintain its supremacy as the embodiment of the will of the people of Bangladesh so that we may prosper in freedom and may make our full contribution towards international peace and cooperation in keeping with the progressive aspirations of mankind;" We, the judges o..

Category: Constitutional Law | Date: 7 Aug, 2008 | Hits: 236

S.M. Mohiuddin Hossain Vs. Jalalabad Co-Operative Housing Society Limited and others, 2008, 37 CLC (HCD)

..... On meas­urement of the area of land it was found cor­rect that there was a path way from North to South by the eastern side of the suit plot from the time of his predecessor Jafar Ahmed for public use. The defendants have no right title and interest and also possession in any man­ner i...... time of issuance of the rule is hereby vacated. The 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) 135. ..

Category: Civil Law, Property Law | Date: 5 Aug, 2008 | Hits: 4

State Vs. Metropolitan Police Commissioner, Khulna and others, 2008, 37 CLC (HCD)

....l safeguards and care including appropriate legal protection before as well as after birth.” In Article 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 legislat......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. ..

Category: Women and Children | Date: 22 Jul, 2008 | Hits: 147

Kazi Salahuddin Vs. Kazi Badruzzahedin (Dabir) and others, 2008, 37 CLC (AD)

....e does not call for interference by this court. We find no merit in this petition which is accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 113. ......e does not call for interference by this court. We find no merit in this petition which is accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 113. ..

Category: Trust/Waqf Law | Date: 22 Jul, 2008 | Hits: 166

Reckitt Benckiser (Bangladesh) Ltd. Vs. Oram Limited, Sale Centre, 2008, 37 CLC (HCD)

....ts Directors one of the rank of additional secretary and another of the rank of joint secretary of the Ministry of Industries are nominated by the Government, so the employees of the com­pany are public servants within the meaning of section 21 of the Penal Code and moreso, the petitioner compan...... 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)

....p;………………………..............(63) If a guilty person goes unpunished and stands acquitted, justice delivery system shall break down and public shall lose confidence in the judicial system which has also got public accountability. . . &l......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)

....er affects the community at large, all people of the State are governed by it. While the 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 kn....... 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. ......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

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.  ......id­ing with him and the wife Nadia Khalil prayed to get back the custody of the minor daughter Radyna Karim. 14. The husband Mr. Rudess Karim mar­ried the wife Nadia Khalil on 18.7.2001 and peaceful conjugal life was continuing for which the girl child Radyna Karim born, on 24.9.2002, out..

Category: Family Law | Date: 17 Jun, 2008 | Hits: 19

A.B.M. Khaliquzzaman and others Vs. United Commercial Bank Ltd. and others, 2008, 37 CLC (HCD)

.... Civil Petition for Leave to Appeal No.727 of 2005 there has undoubtedly been many transfers of shares in the Bank. In this regard it is noted that the Bank being a listed company whose shares are publicly traded at the DSEL the trade in the Bank's shares must unavoidably have continued over 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)

......Respondents Judgment June 12, 2008. Result: Writ Petition No.1448 of 2008 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 ......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

Mst. Phulbanu @ Phul Vs. State, 2008, 37 CLC (HCD)

.... affects the community at large, all people of the state are governed by it. While the former relates to and affects particular persons or things, if operates upon a selected class, rather than the public gener­ally. Relation between a general law and a special law is Government by the prin­cip......w Judicial Magistrate, Bogra, will proceed in accordance with law. Office is directed to communicate the order at once. Ed. This Case is also Reported in: 28 BLD (HCD) (2008) 350. ..

Category: Procedural Law | Date: 5 Jun, 2008 | Hits: 4

Hormuz Sikder & others Vs. Ayub Ali Sikder & others, 2008, 37 CLC (HCD)

....r. Mr. Faruque Ahmed further submitted that besides the said provi­sions of the Code filing of the instant suit af­ter long gap of the dismissal of the earlier par­tition suit was against public policy and was also impairing to the upliftment and develop­ment to have been undertaken ......s from the date of receipt of this judgment. There will be no order as to costs. Ed. This Case is also Reported in:  29 BLD (HCD) (2009) 271.       ..

Category: Property Law | Date: 26 May, 2008 | Hits: 3

Harmuj Sikder & others Vs. Ayub Ali Sikder & others, 2008, 37 CLC (HCD)

....……(6) Public policy is equivalent to "policy of the law". And "policy of the law" cannot be to deprive a person from his legitimate share in the ejmali property. The aim of public policy shall always be to ensure and safeguard the legal right of a person which might have ......preferably within 6(six) months from the date of receipt of this judgment. There will be no order as to costs. Ed. This Case is also Reported in: 28 BLD (HCD) (2008) 457.  ..

Category: Property Law | Date: 26 May, 2008 | Hits: 7

Md. Sadaqat Khan (Fakku) and 10 others Vs. Chief Election Commissioner, Bangladesh Election Commission, 2008, 37 CLC (HCD)

....er holding an inter-ministerial meeting with all relevant government agencies with the participation of Election Commission. 25. We wanted to hear the Attorney-General upon urgent issue of immense public importance and the communication of the Election Commission but he preferred not to appear. M......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)

....very Act, 1913 (the Act) must have been served after observing the other requirements as mandated in sections 4, 5 and 6 of the Act. The said provisions of the Act deal with filing of certificate for public demand payable to the Collector, requisition for certificate in other cases and the filing of......tiffs being minors their father Abdul Majid as their natural guardian took over the possession of the transferred land. Thus the plaintiffs being the 16 annas owners of the suit property have been in peaceful possession thereof. Defendants having no right, title, interest and possession in the suit ..

Category: Property Law | Date: 13 May, 2008 | Hits: 5

Abdul Alim @ Chutta and another Vs. State, 2008, 37 CLC (HCD)

....ody if they misuse the privilege of bail in any manner whatsoever. Office is directed to communicate the order at once. Ed. This Case is also Reported in: 15 MLR (HCD) (2010) 476. ......ody if they misuse the privilege of bail in any manner whatsoever. Office is directed to communicate the order at once. Ed. This Case is also Reported in: 15 MLR (HCD) (2010) 476. ..

Category: Criminal Law | Date: 13 May, 2008 | Hits: 9

Kazi Ramimul Islam Vs. State, 2008, 37 CLC (HCD)

....shift the grain out of chaff. A Judge does not preside over a criminal trial merely to see that no innocent person is punished. A judge, also presides to see that guilty man does not escape. Both are public duties. Law therefore, cannot afford any favour other than truth and only truth. 32. In th......ul Islam is discharged from his respective bail bond. Send down the lower Court records along with a copy of Judgment expeditiously. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 6. ..

Category: Women and Children | Date: 4 May, 2008 | Hits: 151

Kazi Ranimul Islam Vs. State, 2008, 37 CLC (HCD)

....shift the grain out of chaff. A Judge does not preside over a criminal trial merely to see that no innocent person is punished. A judge, also presides to see that guilty man does not escape. Both are public duties. Law therefore, cannot afford any favour other than truth and only truth. 32. In th......imul Islam is discharged from his respective bail bond. Send down the lower Court records along with a copy of judgment expeditiously. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 6...

Category: Women and Children | Date: 4 May, 2008 | Hits: 8