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Habibur Rahman Molla Vs. State, 2008, 37 CLC (HCD)

....acated. Let a copy of this judgment and order along with the LCR be sent to the concerned Court at once. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 1, 29 BLD (HCD) (2009) 227. ......nd the said format given in the form…………(21) The Code of Criminal Procedure, 1898 (Act No. V of 1898); section 561A The application for quashment of the criminal proceeding under section 561A of the Code cannot be also entertained after the lapse of significant ..

Category: Anti-Corruption Laws | Date: 20 Nov, 2008 | Hits: 157

Professor Dr. A F M Ruhul Haq and Others Vs. Govt. of Bangladesh & Others, 2008, 37 CLC (HCD) [অধ্যাপক ড.এ, এফ, এম, রুহুল হক গং বনাম বাংলাদেশ গং, ২০০৯, ৩৭ সিএলসি (হাইকোর্ট ডিভিশন)]

....রতিবেদন দাখিল করিবেন। বিচারপতি মোঃ আবু তারিক.-আমি একমত। Ed. This Case is also Reported in: ......1 and 42 of the Constitution and/or such other or further order or orders passed as to this Court may seem fit and proper. Pending disposal of the Rule the respondents are hereby restrained from proceeding with the process of appointment of Professors and Associate Professors in the post of Bio..

Category: Civil Law, Employment/Service Law | Date: 18 Nov, 2008 | Hits: 3

Abdul Hai (Md.) Vs. Bangladesh and others, 2008, 37 CLC (HCD)

....y his all retirement benefits as he is entitled under the law prevailing up to date. However, there shall be no order as to costs. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 485. ......ty of the charge, he shall within twenty days of the receipt of the explanation, impose upon the accused the proposed penalty or any other lesser penalty under section 5." 18. It appears that upon proceeding under section 6 of the said Ordinance the authority may impose any penalty as provided in..

Category: Employment/Service Law | Date: 18 Nov, 2008 | Hits: 33

Professor Dr. A.F.M. Ruhul Hoque and others Vs. Bangladesh and others, 2008, 37 CLC (HCD)

....্কে তাহাদের প্রতিবেদন দাখিল করিবেন। বিচারপতি মোঃ আবু তারিক.- আমি একমত। ......1 and 42 of the Constitution and/or such other or further order or orders passed as to this Court may seem fit and proper. Pending disposal of the Rule the respondents are hereby restrained from proceeding with the process of appointment of Professors and Associate Professors in the post of Bio..

Category: Constitutional Law | Date: 18 Nov, 2008 | Hits: 167

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. ...... in custody without any lawful authority and that the Government did not take any step for the last 7 years in extradi­ting him to Kuwait in accordance with law. He further submits that no committal proceeding has been initiated under section 6 of the Extra­dition Act, 1974 and that, as such, ther..

Category: Criminal Law | Date: 20 Aug, 2008 | Hits: 20

Ayub Ali alias Mukul Vs. State, 2008, 37 CLC (HCD)

.... 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. ...... Judgment Sheikh Abdul Awal J. - This Rule was issued on an application under section 561A of the Code of Criminal Procedure calling upon the opposite party to show cause as to why the impugned proceeding of GR Case No. 77 of 2006 corresponding to TR No. 765 of 2006 arising out of Munshiganj P..

Category: Criminal Law | Date: 14 Aug, 2008 | Hits: 28

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

....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. ....... 4 and 6. Considering welfare of the children, we are of the opinion that they should remain in the custody of an organization, which can safeguard their life, welfare and safety.   24. In a proceeding like this, it is not the right of the parties but the rights of the children are at issue..

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

AKM Kamruzzaman Khan Vs. Registrar, Joint Stock Companies and Firms Dhaka and 6 others, 2008, 37 CLC (HCD)

....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. ......has called upon the respondent No.1, the Registrar, Joint Stock Companies and Firms, to show cause as to why the impugned letter dated 8-8-2006 directing the petitioner to take the shelter of legal proceeding should not be declared to have been issued without lawful authority and is of no legal ..

Category: Company Law | Date: 12 Aug, 2008 | Hits: 18

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

....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. ......nection with the affairs of the Republic or of a local authority to refrain from doing that which he is not permitted by law to do or to do that when he is required by law to do or declare any act or proceeding taken by a person performing functions in connection with the affairs of the Republic or ..

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

Md. Mafizur Rahman Tutu and others Vs. State, 2008, 37 CLC (HCD)

....e of trial under this Act, but the power to investigate by the police of the offences punishable under this Act will not override by any provisions under this Act. for this reason, an application for quashing the proceedings are not the cor­rect exposition of law. Case Referred to- Kal......der this Act, but the power to investigate by the police of the offences punishable under this Act will not override by any provisions under this Act. for this reason, an application for quashing the proceedings are not the cor­rect exposition of law. Case Referred to- Kali Pada Sana V..

Category: Criminal Law | Date: 31 Jul, 2008 | Hits: 92

Md. Karamot Ali Alias Rafique Alias Rafiqul Islam Vs. The State, 2008, 37 CLC (HCD)

....tion with any other case. 24. Send down LCR along with a copy of the judgment at once. Ed. This Case is also Reported in: 29 BLD (HCD) (2009) 250.       ......e of Tk.5,000/- in default to suffer rigorous imprisonment for 6(six) months more." 10. On the other hand, Mr. Abu Bakar Siddique, the learned Deputy Attorney Gen­eral submits that in a proceeding under sec­tion 561A of the Code of Criminal Procedure, this Court can interfere when ..

Category: Criminal Law | Date: 30 Jul, 2008 | Hits: 5

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.         ......disabilities, they further claimed that they are also co-sharers in the holding wherein they have been enjoying and possessing .97 acre of land constructing residence therein, and thus the preemption proceeding is not maintainable. 5. After hearing the parties, the learned Assistant Judge by hi..

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.       ......disabilities, they further claimed that they are also co-sharers in the holding wherein they have been enjoying and possessing .97 acre of land constructing residence therein, and thus the preemption proceeding is not maintainable. 5. After hearing the parties, the learned Assistant Judge by hi..

Category: Property Law, Tenancy Law | Date: 21 Jul, 2008 | Hits: 5

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

.... 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. ......n by the arbitrators keeping in view the nature of the transaction being commercial. Mr. Amirul Islam further submitted that if the provisions of the Code are allowed to be resorted in an arbitration proceeding then the whole scheme and pur­pose of the new Act shall be frustrated. Mr. Islam poin..

Category: Alternative Dispute Resolution | Date: 13 Jul, 2008 | Hits: 18

Abdul Hannan Vs. State, 2008, 37 CLC (HCD)

....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. ......the morgue. 18. P.W. 5 is Abdur Rouf. He testified that on the night following 24-1-1980 at about 7-00/8-00 PM on receipt of the news, he went to Laskardi village and saw that the villagers were proceeding towards the pond along with accused Hannan and that he also accompanied them and that acc..

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)

....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. ...... guarantor or mortgagor of the loan for recovery of which the Artha Rin Suit No.470 of 2004 was filed, the Adalat (respondent No.1) acted without jurisdiction under section 5(1) of the Ain, 2003 in proceeding against the petitioner-bank and in passing the impugned ex parts judgment and decree ag..

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.  ......n present on behalf of the plaintiff-respondent-petitioner. Both the learned Senior Council argued on their respective cases. 13. Upon perusing the materials on record it appears that in this proceeding one Nadia Khalil and her Ex-husband Mr. Rudess Karim is litigating in order to get the c..

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

Golam Md. Shiblee Vs. Second Labor Court, 2008, 37 CLC (HCD)

....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. ......arrived at is not a ground to hold that the enquiry was inappropriate or unfair." Wherein their Lordships further held that "in the instant case, we do not find any such finding regarding the enquiry proceeding held by the domestic Tribunal or that the Authority has exceeded its jurisdiction/power g..

Category: Labour and Industrial Law | Date: 17 Jun, 2008 | Hits: 30

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. ......herefore trial by the Bishesh Adalat was vitiated and accordingly setting aside the judgment and order of conviction and sen­tence sent the case to the Magistrate having power to take cognizance for proceeding with the case in accordance with the provisions of the Code of Criminal Procedure. 39...

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

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

....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. ...... 9. In response the learned Advocate for the Petitioners in Matter Nos.1 and 10 of 2008 Dr. M. Zahir, and whose arguments in this regard and otherwise have been adopted in the course of these proceedings by the learned Advocate for the Petitioners in Matter No.11 of 2008 Mr. Khandoker Mahbu..

Category: Company Law | Date: 11 Jun, 2008 | Hits: 43