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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.  ......of the Ordinance has empowered the family court to exercise discretion in respect of passing any interim order since the exercise of power under the said section has been made subject to the satisfaction of the court. It also em­powers the family court to pass any order as it deems fit, despite..

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. ......aside the judgment and order of conviction and sentence the case was sent to the concerned Magistrate authorized to take cognizance of the offence punishable under the Penal Code for taking necessary action in accordance with law. 38. In the case of State Vs. Md. Abu Taher, 56 DLR 556, Nari-o-Shi..

Category: Women and Children | Date: 17 Jun, 2008 | Hits: 157

Tasmima Hossain Vs. Anti-Corruption Commission and others, 2008, 37 CLC (HCD)

.... 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. ......it statements of the assets both moveable and immoveable in his name and in the 'Benami' of his wife and other dependents within 7 working days of receipt thereof. He was also warned of legal action to be taken against him under section 26(2) of said Act if he failed to submit the statements..

Category: Anti-Corruption Laws, Criminal Law | Date: 8 Jun, 2008 | Hits: 7

Mannan alias Mannan Khan (Md.) Vs. State, 2008, 37 CLC (HCD)

....f the petitioner. Send down the records of this case at once with a copy of judgment for information and necessary action. Ed. This Case is also Reported in: 13 BLC (HCD) (2008) 863. ......rected to pass an order to release the forfeited diesel and kerosene in favour of the petitioner. Send down the records of this case at once with a copy of judgment for information and necessary action. Ed. This Case is also Reported in: 13 BLC (HCD) (2008) 863. ..

Category: Criminal Law | Date: 4 Jun, 2008 | Hits: 2

Md. Mannan Alias Mannan Khan Vs. State, 2008, 37 CLC (HCD)

....e petitioner. Send down the records, of this case at once with a copy of judgment for information and necessary action. Ed. This Case is also Reported in: 28 BLD (HCD) (2008) 664. ...... to pass an order to release the forfeited diesel and kero­sene in favour of the petitioner. Send down the records, of this case at once with a copy of judgment for information and necessary action. Ed. This Case is also Reported in: 28 BLD (HCD) (2008) 664. ..

Category: Criminal Law | Date: 4 Jun, 2008 | Hits: 3

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

....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.       ......pages that the cause of ac­tion for filing a suit for partition arises when the other co-sharer or co-sharers refuse the plaintiff to give his due share from the ejmali property. And the cause of action for filing a suit for partition being continuing and recur­ring it shall continue unless ..

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

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

....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.  ......arty Judgment May 26, 2008. Result: The Rule is discharged. The Code of Civil Procedure, 1908 (Act No. V of 1908); Order 9, rule 8 Whether the cause of action to bring a suit for partition subsists even after dismissal of the earlier suit for default ..

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

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. ......tually it would be Taka 1,04,000. The accused petitioner after receiving the legal notice did not take any step to pay the cheque money. Hence, the petition of complaint filed on 1-10-2006 for taking action against the accused petitioner under section 138 of the Negotiable Instruments Act, 1881. ..

Category: Banking Law | Date: 22 May, 2008 | Hits: 227

Mrs. Shahida Khatun and another Vs. Zafrul Hasan and State, 2008, 37 CLC (HCD)

..... 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. ......The proceedings of C.R. Case No.549 of 2003 shall proceed in accordance with law. 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

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

....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. ......d in the electoral rolls and accordingly, give them National Identity Card without any further delay. Let 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) (20..

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.   ......ts 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 the bailiff asked the plai..

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

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. ......the rules or procedures, maladies and arbitrariness. Civil Court under section 9 of the Code of Civil Procedure is competent to entertain a suit and can well investigate the propriety of the order or action complained of as in the present case. Civil Courts always can assume jurisdiction to consider..

Category: Employment/Service Law | Date: 24 Apr, 2008 | Hits: 50

M. Shafuqul Alam and others Vs. Qazi Rafiq Ahmed and others, 2006, 35 CLC (HCD)

...., Courts of Additional and Assistant Judges shall be deemed to be subordinate to the District Court, (4) The Court trying any suit transferred or withdrawn under this section from a Court of Small Causes shall, for the purposes of such suit, be deemed to be a Court of Small Causes. 7. From a p......reafter, the defendant-opposite parties moved this Court and obtained the present rule. Mrs. Afrin Mohiuddin, the learned Advocate appearing for the defendant-petitioners submits that the cause of action of the suit arises in Dhaka and admittedly the defendant-petitioner Nos. 1-4 as the responsib..

Category: Procedural Law | Date: 12 Apr, 2008 | Hits: 40

Syed Tipu Sultan Vs. Secretary, Ministry of Home Affairs, Government of Bangladesh and others, 2008, 37 CLC (HCD)

.... 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. ......license can only be cancelled for the security of the public peace, and not for public safety. Public safety and security of public peace are not the same. The Government is only empowered to take action for seizure and/or ammuni­tion or military-stores and detention of the arms for the purpose..

Category: Arms Law | Date: 10 Apr, 2008 | Hits: 10

Most. Rafika Begum Vs. Md. Mohammad Ali Sheikh being dead his heirs Most. Asia Bewa and others, 2008, 37 CLC (HCD)

....ance of the Rule is hereby vacated. The lower courts records be sent down at once with a copy of the judgment. Ed. This Case is also Reported in: 28 BLD (HCD) (2008) 488.  ......in the case of Akhlasur Rahman and others Vs. Safurullah and others reported in 14 BLD(AD) 20 wherein it has been held:- "When the pre-emptor took a leading part in bringing about the transaction by attest­ing the sellers in sailing the land and en­couraged the buyers purchasing it and..

Category: Property Law | Date: 9 Apr, 2008 | Hits: 4

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. ......title to it, the issue of the writ of quo warranto ousts him from that office. In other words, the procedure of quo warranto confers jurisdiction and authority on the judi­ciary to control executive action in the matters of making appointment to public offices against the relevant statutory provisi..

Category: Civil Law | Date: 6 Apr, 2008 | Hits: 49

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. ......te 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 would be deemed not to have the mental c..

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.       ......ion of the gravity of situations in which they find themselves. So much so that it is an accepted phenomenon that children will act impetuously and do not always appropriate the consequences of their actions, criminal or otherwise. In a situation when they are under apprehension they are liable to p..

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.......s protection by way of setting aside the said impugned order. The learned Advocate further submitted that once any money is given to a partner of a marriage it belongs him/her and none can bring any action under Section 420 of the Penal Code; that the petition case has been filed stating the petiti..

Category: Procedural Law | Date: 19 Feb, 2008 | Hits: 6

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. ......nitial order of detention and grounds In case of an initial order of detention, the facts and materials must co­exist with the order of detention and the grounds of detention and the satisfaction or the opinion of the detaining authority must be based on such facts and materials. Ab­sen..

Category: Criminal Law | Date: 21 Jan, 2008 | Hits: 10