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Taj Nahar Begum Vs. Government of Bangladesh and others, 2008, 37 CLC (HCD)
....ias Sabid Miah, of Village Miapur, PS Sonaimuri, District Noakhali be set at liberty forthwith if not wanted in any other connection. Ed. This Case is also Reported in: 13 BLC (HCD) (2008) 843. ...... days. On 11-10-2000, pursuant to a memo dated 10-10-2000 of the Ministry of Home Affairs, the Officer-in-charge Begumgonj Police Station, Noakhali prayed for seven days' remand of the detenu and the prayer was allowed. The order dated 16-10-2000 shows that the confessional statement of the detenu w..Category: Criminal Law | Date: 20 Aug, 2008 | Hits: 20
Idrisur Rahman (Md) Vs. Bangladesh, 2008, 37 CLC (HCD)
....preme Court holding effective consultation (recommendation) with the Commission headed by the Chief Justice to protect the integrity of the Apex judiciary. 31. Considering the present system, an alternative mechanism be devised, which will ensure that competent and efficient personnel are appoi......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. ..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. ...... saving his life as there is no chance of early disposal of the appeal. 8. Mrs. Rona Naharin, the learned Assistant Attorney General appearing on behalf of the respondent State opposing the prayer for bail submits that the accused-appellant is being provided with proper treatment by the J..Category: Criminal Law | Date: 6 Aug, 2008 | Hits: 4
Category: Civil Law, Property Law | Date: 5 Aug, 2008 | Hits: 4
State Vs. Metropolitan Police Commissioner, Khulna and others, 2008, 37 CLC (HCD)
....s social welfare agencies must be considered. 6. Where the best interests of the child demands its separation from its parents, special protection and assistance must be provided and there must be alternative care for the child. 7. Steps must be taken to assist the parents to mend their ways a......tated in the F.I.R. that Arifa was 10 years old. The learned Magistrate, upon perusing the F.I.R. and the forwarding of the Investigating Officer, sent Arifa and Ripon to jail custody. Subsequently a prayer was made for their bail, which was opposed by the prosecution and rejected by the learned Mag..Category: Women and Children | Date: 22 Jul, 2008 | Hits: 147
Md. Abdul Jabber Biswas and others Vs. Aysha Khatoon and others, 2008, 37 CLC (HCD)
....er Court's Records immediately. However, there is no order as to costs. Ed. This Case is also Reported in: 29 BLD (HCD) (2009) 28. ......ucting residence therein, and thus the preemption proceeding is not maintainable. 5. After hearing the parties, the learned Assistant Judge by his judgment and order dated 10.11.2002 allowed the prayer for preemption. On appeal the said judgment and order of the learned Assistant Judge was affi..Category: Property Law | Date: 21 Jul, 2008 | Hits: 3
Md. Abdul Jabber Biswas Vs. Aysha Khatoon and others, 2008, 37 CLC (HCD)
.... the Lower Court's Records immediately. 13. However, there is no order as to costs. Ed. This Case is also Reported in: 29 BLD (HCD) (2009) 28. ......ucting residence therein, and thus the preemption proceeding is not maintainable. 5. After hearing the parties, the learned Assistant Judge by his judgment and order dated 10.11.2002 allowed the prayer for preemption. On appeal the said judgment and order of the learned Assistant Judge was affi..Category: Property Law, Tenancy Law | Date: 21 Jul, 2008 | Hits: 5
Reckitt Benckiser (Bangladesh) Ltd. Vs. Oram Limited, Sale Centre, 2008, 37 CLC (HCD)
.... (1) of section 42 of the Act but returned the application filed by the petitioner to it no appeal would lie before this court as contemplated in section 48 of the Act, so the petitioner had no other alternative but to file the revision application before this court and in the facts and circumstance......the opposite party. Thereafter, the present petitioner filed an application before the District Judge, Dhaka under section 42 read with section 43 of the Arbitration Act, 2001 (the Act) with the prayer for setting aside the award. The said application was registered as Miscellaneous Case N..Category: Alternative Dispute Resolution | Date: 13 Jul, 2008 | Hits: 18
Khairul Amin and others Vs. Md. Saidul Hoque & another, 2008, 37 CLC (HCD)
.... Code of Civil Procedure is not called for. Accordingly, this Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 252. ......t contending that the suit land was never mortgaged to him and that he did not execute any deed of re-conveyance and prayed for dismissal of the suit. 4. In the said suit the plaintiff made a prayer for comparison of the defendant's signature with the signature appearing on the deed of conv..Category: Evidence Law | Date: 19 Jun, 2008 | Hits: 8
City Bank Ltd. Vs. Artha Rin Adalat No.1 Dhaka and others, 2008, 37 CLC (HCD)
....est passed by the Artha Rin Adalat since there being specific provision in the statute for filing appeal against such judgment and decree passed…………………………….(20) Where an alternative statutory remedy is available, an application under Article 102 of the Constitution may......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)
.... daughter Radyna Karim which obliged the parties to execute a written agreement 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 Ra......ance on un-proven allegation by the judge While deciding a case, the learned judge must not rely upon un-proven allegation. Such an act of reliance on an unproven allegation for rejecting a prayer of a party of the litigation violates all norms of age old justice delivery system prevail..Category: Family Law | Date: 17 Jun, 2008 | Hits: 19
State Vs. Ershad Sheikh, 2008, 37 CLC (HCD)
....on 193 of the Code of Criminal Procedure. So in this case the conviction under section 11 (Ka) of the Ain cannot be converted to section 302 or 304 of the Penal Code. Therefore, there is no other alternative but to send the case to the Magistrate having jurisdiction to take cognizance of the off......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. ..Category: Women and Children | Date: 17 Jun, 2008 | Hits: 157
AKM Nazimuddin Vs. Md. Delwar Hossain and others, 2008, 37 CLC (HCD)
....ned Senior Assistant Judge, Sadar Court, Noakhali, in hereby affirmed. Send down the lower Court's record immediately. Ed. This Case is also Reported in: 13 BLC (HCD) (2008) 868. ......o the judgment of the Courts below and made the following points of argument: (i) the pre-emptor being an admitted co-sharer and having instituted the preemption case within limitation, the prayer seeking amendment of the plaint before the appellate Court allowing him to make deposit of th..Category: Property Law | Date: 11 Jun, 2008 | Hits: 12
Unilever Bangladesh Ltd. Vs. Chairman, National Board of Revenue and others, 2008, 37 CLC (HCD)
....he petitioner company as well as the same attempt shall ultimately effect the revenue collection of the country. The petitioner, being one of the highest tax payers of the country, finding no other alternative and efficacious remedy moved these writ petitions before this Court and obtained the p......s manufactured by the petitioner company as mentioned in both the Writ petitions. Communicate this order at once. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 156. ..Category: Fiscal/Taxation Law | Date: 11 Jun, 2008 | Hits: 9
Haji Nasirullah and another Vs. Government of Bangladesh and others, 2008, 37 CLC (HCD)
....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. ......st the objection from respondent No.3, the petitioner on 9.9.2007 submitted another objection to respondent No.2. Hearing the objection, respondent No.3 assured the petitioner of consideration of his prayer after obtaining a report from the concerned officers about the existence of the vast vacant a..Category: Property Law | Date: 8 Jun, 2008 | Hits: 11
Abul Kashem-al-Asad Vs. Abdul Muhib and others, 2008, 37 CLC (HCD)
....rt of Joint District Judge Second Court, Sylhet is rejected. No order as to costs. Communicate the order at once. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 502. ......s. Abdul Muhib and others……………… Opposite Parties Judgment May 28, 2008. Result: The Rule is made absolute. In considering an application or a prayer made by a party the court will see the contents of the application and it can give a relief ..Category: Procedural Law | Date: 28 May, 2008 | Hits: 5
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. ......e defendants along with the bailiff asked the plaintiffs to hand over vacant possession of the suit property to them and the same was continuing. 4. By amending the plaint 2 (two) prayers were added being prayers ka(1) and ka(2). The prayers are as under: (a) for a declarati..Category: Property Law | Date: 13 May, 2008 | Hits: 5
Abdul Alim @ Chutta and another Vs. State, 2008, 37 CLC (HCD)
....earned Magistrate by the order dated 2941-2007, rejected the said application considering that the petitioners were granted ad-interim bail by the High Court Division. He adds that finding no other alternative he filed the application for cancellation of bail before this Court. The learned Couns......udge, Habigonj, within two weeks. Accordingly, they surrendered on 29-06-2006 but the learned Session Judge by the order dated 03-07-2006 in Criminal Miscellaneous Case No.416 of 2006 rejected the prayer for bail in respect of the petitioners but however granted bail to other two accused. Therea..Category: Criminal Law | Date: 13 May, 2008 | Hits: 9
Kazi Ramimul Islam Vs. State, 2008, 37 CLC (HCD)
....y snatched away her sister, Shikha Rani, from her rickshaw and compelled the victim to get into the microbus and thereafter left the place towards Ashasuni. It is further stated that finding no other alternative, she informed the matter to TSI of Puraton Satkhira Police Camp; that the informant inte......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