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Nadia Khalil Vs. Rudess Karim, 2008, 37 CLC (HCD)
....ut 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 interferÂence with her modesty. If a women is purÂportedly ad......reement on 24.12.2007, stipulating the joint custody of the daughter Radyna Karim through which the minor daughter commenced alternatively residing with her both parents. The agreement worked peacefully till 8.2.2008 when Radyna Karim was dropped by the wife to the house of the husband and to co......y court shall not exercise its discretionary power under the section in favour of the seekÂing party. The legislature has incorporated this condition precedent in this section in orÂder to discourage vexatious petition, filed beÂfore the family court with an aim to get the substantive relief b..Category: Family Law | Date: 17 Jun, 2008 | Hits: 19
State Vs. Ershad Sheikh, 2008, 37 CLC (HCD)
....vidence recorded by the Tribunal. Send down the lower Court's records with a copy of this judgment for information and compliance. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 183. ......esponsibility must lie with the prosecution. But that does not also mean that an accused can never be tried for a second time by an appropriate Court. The better view is that when it is found after a full trial that there was a miss-trial or trial without jurisdiction, the Court of appeal before dir......ail appeal have been heard together and are being disposed of by this judgment. 3. This prosecution case, in short, is that deceased Sumi, daughter of informant Amena @ Kala Buri was given in marriage to accused Ershad of same village five years before the occurrence. On their wedlock Sumi gave b..Category: Women and Children | Date: 17 Jun, 2008 | Hits: 157
Abul Kalam Azad (Md.) Vs. State and another, 2008, 37 CLC (HCD)
.... 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. ......tion 259 does not mean all the business and trade specified therein, but, in Bihar Panchayet Election Rule-1979 under Rule-2 (G) means all. In the case of Beerappa Vs. State of Mysore, AIR 1965- 227 (full Bench), a case under Bombay Municipal Boroughs Act, Act 18 of 1925, in section 11 A(2) 'any' ha...... 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
....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.
......ly divided into two categories:
(i) those who swore their allegiance to Pakistan and had in writing expressed their desire to take up residence in that country; and
(ii) those who were of minor age at the time of liberation of Bangladesh and were not mature enough to express any preference as ..
Category: Election Law | Date: 18 May, 2008 | Hits: 122
Zakir Hossain and another Vs. Md. Yousuf Kabir and others, 2008, 37 CLC (HCD)
....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. ......hare as his wife and the remaining 12 annas share because of the 'Doctrine of Return'. Khatibunnesa being the 16 annas owner of the suit property died on 10.02.78 leaving behind her only full brother Abdul Mannan who inherited the entire property of his deceased sister. While Abdul......erefrom. The defendants are very powerful and rich persons having so many 'goondas' at their disposal and they might dispossess the plaintiffs at any time causing irreparable loss and damage to them. The cause of action for the suit arose on 21.10.93 when the defendants along with ..Category: Property Law | Date: 13 May, 2008 | Hits: 5
Kazi Ramimul Islam Vs. State, 2008, 37 CLC (HCD)
....s succeeded in proving the allegation levelled against the accused appellant Islam. 36. Aforesaid provision of section 4(kha) i.e.(b)/9 is as follows: ''4. Penalty of kidnapping or abduction of woman for unlawful or immoral purposes, etc.- Whoever kidnaps or abducts any woman of any age..........pire the confidence in the mind of the Court. 80. In this case, there is no corroboration of the prosecution witnesses by the evidence of independent witnesses. Moreover, the evidence of P.Ws. are full of contradictions, inconsistencies and omissions and there is also a departure from the fact as......that accordingly he made a conspiracy with Abdur Rahman, Kazi Islam, Dolan and Kumu that on 25-3-1995 they would abduct the victim and counsel her to marry Niranjan Karmaker after shifting her at village Budhahata. It is further stated that getting such information, the informant and local commissio..Category: Women and Children | Date: 4 May, 2008 | Hits: 151
Kazi Ranimul Islam Vs. State, 2008, 37 CLC (HCD)
....s succeeded in proving the allegation levelled against the accused appellant Islam. 36. Aforesaid provision of section 4(kha) i.e.(b)/9 is as follows: ''4. Penalty of kidnapping or abduction of woman for unlawful or immoral purposes, etc.- Whoever kidnaps or abducts any woman of any age.............pire the confidence in the mind of the Court. 80. In this case, there is no corroboration of the prosecution witnesses by the evidence of independent witnesses. Moreover, the evidence of P.Ws. are full of contradictions, inconsistencies and omissions and there is also a departure from the fact as......that accordingly he made a conspiracy with Abdur Rahman, Kazi Islam, Dolan and Kumu that on 25-3-1995 they would abduct the victim and counsel her to marry Niranjan Karmaker after shifting her at village Budhahata. It is further stated that getting such information, the informant and local commissio..Category: Women and Children | Date: 4 May, 2008 | Hits: 8
Chairman, Bangladesh Water Development Board Vs. Md. Abdur Rahman, 2008, 37 CLC (HCD)
....he Courts below stand maintained. Send down the lower Court's record and a copy of the judgment and order to the Court concerned. Ed. This Case is also Reported in:61 DLR (HCD) (2009) 42. ......he Courts below stand maintained. Send down the lower Court's record and a copy of the judgment and order to the Court concerned. Ed. This Case is also Reported in:61 DLR (HCD) (2009) 42. ......as a regular Government employee. 3. The case of the plaintiff is that he joined the then West Pakistan Water and Power Development Board on 15-12-1961 as Regulator Khalashi and on attaining the age of 57 years on 5-1-1996 he retired from service and defendant No. 4 issued a letter for treating..Category: Employment/Service Law | Date: 24 Apr, 2008 | Hits: 50
Bangladesh Institute of Planners Vs. Government of Bangladesh and others, 2008, 37 CLC (HCD)
....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. ......t. (1).............................. (2) No person shall be appointed to a specified post unless he has the requisite qualification, and in the case of direct recruitment, he is also within the age limit, if any, laid down in the schedule for the post." 5. In such circumstances the requisit..Category: Civil Law | Date: 6 Apr, 2008 | Hits: 49
Khandaker Mahmud Hasan Vs. Amirul Islam, 2008, 37 CLC (HCD)
....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. ......ated by the learned S.S.C. Judge. 26. It is true Sub-section (1) of section 18 of the Premises Rent Control Ordinance protects a tenant from eviction "as long as the tenant pays rent to the full extent allowable by this Ordinance and performs the conditions of the tenancy". This prote......regard. 22. In the case Chand Miah Sawdagar Vs. AMA Rahamn reported in 43 DLR (AD) 225, it has been laid down that: "The plaintiff-appellant was not required to adopt the language of the statute to make out a case for rebuilding of the suit house. Whether "addition, alte..Category: Tenancy Law | Date: 27 Mar, 2008 | Hits: 13
Jaibar Ali Fakir Vs. State, 2008, 37 CLC (HCD)
....o the voluntaries of any confession recorded. Send down the lower Court records with a copy of this judgment, immediately. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 208. ......o remain silent and not to incriminate himself. A mature person can assess the pros and cons in waiving that right when making any confessional statement, but the immature child cannot be expected to fully appreciate the outcome of his action in waiving the right to silence. At that age when he woul......ldren Act, 1974 (Act No. XXXIX of 1974), section 66 The Code of Criminal Procedure, 1898 (Act No. V of 1898), sections 164, 342 The Constitution of Bangladesh, 1972, article 35 (4) The age of the accused at the time of the occurrence and at the time of the alleged confessional stateme..Category: Women and Children | Date: 6 Mar, 2008 | Hits: 113
Jaibar Ali Fakir Vs. The State, 2008, 37 CLC (HCD)
....corded. Send down the lower Court records with a copy of this judgment, immediately. AFM Abdur Rahman J.-I agree. This Case is also Reported in: 16 MLR (HCD)(2013) 167.    .......26 of 1984. Initially charge was framed on 2.8.84 against the four accused persons, although the case was not ready due to the fact that accused Dudum was absconding and the formalities had not been fully complied. Subsequently, charge was framed again on 16.3.85 under sections 302/109 of the Penal......tion with a case there and returned to Joypurhat and since that time there has been no trace of him. Subsequently, on 19.2.81 his dead body was recovered from a well at the Baroshibaloy Mondir in village Belamla. U.D. Case No.1 dated 19.2.81 was recorded by one Jotish Chandra Mohonta (P.W.3). The po..Category: Women and Children | Date: 6 Mar, 2008 | Hits: 174
Mrs. Rehan Parvin @ Shohely Parvin Vs. State and another, 2008, 37 CLC (AD)
....n view the above, we find no substance in the submissions of the learned Advocate for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 21 BLT (AD) (2013)11.......n view the above, we find no substance in the submissions of the learned Advocate for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 21 BLT (AD) (2013)11.......¦â€¦...Petitioner Vs. The State and another………………………………...........Respondents Judgment February 19, 2008. Result: The petition is dismissed. When the matter is at the stage of taking deposition, the case should not be quashed unless the same is on preposterous facts ap..Category: Procedural Law | Date: 19 Feb, 2008 | Hits: 6
Abdul Khaleque and others Vs. Akhtaruzzaman Mia and others, 2008, 37 CLC (HCD)
....rder of stay as granted at the time of the issuance of the rule is vacated. Send down the lower court records. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 193. ...... by filing a written statement contending that Kabul Bibi was the owner in possession of 105 acres of land and while in such possession she made a gift of the said property in 1946 in favour of her full brother Nazir Hussain and subsequently Nazir Hussain executed a Wasiyatnama (Will) in favour o......rder of stay as granted at the time of the issuance of the rule is vacated. Send down the lower court records. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 193. ..Category: Property Law | Date: 18 Feb, 2008 | Hits: 7
Sefina Ferdousi @ Shimla and another Vs. Jaohar Kabir and others, 2008, 37 CLC (HCD)
....cond marriage in hurry before the expiry of the execution period of divorce proceeding. Even thereafter she allegedly divorced that 2nd husband and her attitude of living the life as an irresponsible woman. So welfare of the child would not be safe and ensured in the custody of the petitioner. The p......wer Court's Record to the Courts below at once. Communicate the judgment to the Courts below immediately. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 434; 61 DLR (HCD) (2009) 86. ......ompetent to be the guardian of such minor...............................(20) Custody and guardianship of child The mother is entitled to the custody of her male child until he has completed the age of seven years and if her female child until she has attained puberty. The right continues thoug..Category: Women and Children | Date: 3 Feb, 2008 | Hits: 142
Abdul Latif (Md.) Vs. Mohammad Ali, 2008, 37 CLC (HCD)
....rts below stand maintained. Send down the lower Court records and a copy of the judgment and order to the Court concerned. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 804. ......ach under the superior landlord and they were in ejmali possession of the suit jot and while possessing the same, Jaharuddin died leaving behind one son plaintiff No. 1. Sona Bibi died leaving behind full sister, Sundari Bewa and thereafter Sundari Bewa died leaving behind two sons, defendant Nos. 2......le and a suit for possession, as the jurisdiction of a Civil Court in case of a Partition Suit could not be placed at the mercy of every profligate defendant to render the Court a mere ministerial agent only to carry into effect the wishes of the parties in case where there were no matters of co..Category: Property Law | Date: 28 Jan, 2008 | Hits: 31
Sultana Hashem Vs. Government of Bangladesh and others, 2008, 37 CLC (HCD)
....haka now detained in Dhaka Central Jail, be set at liberty at once, if not wanted in connection with any other case or cases. Ed. This Case is also Reported in: 28 BLD (HCD) (2008) 668. ......riod order of detention is very much reÂstricted and can only be done subject to apÂproval of the Advisory Board constitute as per Article 33 of the Constitution. This is also the view taken by a full bench of the High Court Division in an unreported decision in Writ PeÂtition No.463 of 2002 ......legal…………………………….(7) Repetition of legal text only means non application of mind by the detaining authority Where the grounds of detention merely repeat the language of the law and nothing else, it portray non application of mind by the detaining authority.…â..Category: Criminal Law | Date: 21 Jan, 2008 | Hits: 10
Mostafa alias Masta Vs. State, 2008, 37 CLC (HCD)
....ant. Thus it appears that P.Ws., 1, 2, and 4 are closely related and P.W.-3, Anowara Begum who is also related to the complainant, has been set up as chance witness. Because it is not probable that a woman of distant place would come to the place of occurrence during the relevant time to graze goats......is witness cannot be relied upon and it is not safe to convict accused on the basis of the evidence of such interested and partisan witnesses. 36. Moreover, the evidence of these witÂnesses are full of contradictions and inconsistencies. It is stated in the complaint that occurrence took place......he informant's mother; that the accused Abdul Aziz is the brother-in-law of accused Mustafa and in connection with this relationship the accused persons used to visit informant's house; that at one stage a bad look of accused Mostafa fell upon Shaneka Begum and that the accused Abdul Aziz started in..Category: Women and Children | Date: 16 Jan, 2008 | Hits: 27
Md. Amin-Ullah, Advocate and another Vs. Bangladesh and others, 2008, 37 CLC (HCD)
.... rule is discharged without any order as to cost. The order of injunction granted at the time of issuance of the rule stands vacated. Ed. This Case is also Reported in: 14 MLR (HCD) (2009) 264. ......he papers including plot index vide Memo No.Sha-8/Rajuk-65/93/319 dated 12.11.96 to the Ministry of Land (respondent No.1) for making arrangement to release the land measuring 5.92 acres of land with full particulars of the land of Mouza Badda, J.L. No.291 and since then the matter has been pending ...... rule is discharged without any order as to cost. The order of injunction granted at the time of issuance of the rule stands vacated. Ed. This Case is also Reported in: 14 MLR (HCD) (2009) 264. ..Category: Property Law | Date: 9 Jan, 2008 | Hits: 20
Humayun Hossain Khan Vs. Government of the People's Republic of Bangladesh, 2008, 37 CLC (HCD)
....ted. Artha Rin Adalat No.3, Dhaka is directed to dispose of the suit expeditiously. Communicate the Judgment at once. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 513. ......he suit. The provisions of section 47 were given effect one year after the date of commencement of the Ain, 2003 in order to give an opportunity to the financial institutions to realize the loan with full interest. This clearly proves that legislature had no intention that the provisions of section ......9;) in order to complete the unfinished construction of his house on Plot No.45, Road No.7, Sector-4 of Uttara Model Town, Dhaka (hereinafter referred to as 'the house'). Accordingly, he mortgaged the house in terms of a mortgage deed registered on 6-5-1990 in favor of the Bank. The petition..Category: Banking Law, Civil Law | Date: 8 Jan, 2008 | Hits: 9
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