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MM Ali Ispahani Vs. MM Ispahani Ltd., 2008, 37 CLC (HCD)
.... Trust is being handed back to the learned Advocate for the Respondent Nos. 1 to 6 today. There is no order as to costs. Ed. This Case is also Reported in: 29 BLD (HCD) (2009) 206. ......stances of that case the Indian Supreme Court deemed it necessary to qualify the beneficial aspect of such relationship as accrues to the transferee ‘cestui que trust’ by holding that the principle of equity as enunciated above cannot, however, extend to cases were the transferee has not......az Rahman, Advocate-For the Respondents. Company Matter No. 40 of 1994. Judgment Syed Refaat Ahmed J.- This Application as filed in 1994 under Section 38 of the Companies Act, 1913 for a rectification of share register has finally come to be disposed of fourteen years later by thi...... Trust is being handed back to the learned Advocate for the Respondent Nos. 1 to 6 today. There is no order as to costs. Ed. This Case is also Reported in: 29 BLD (HCD) (2009) 206. ..Category: Company Law | Date: 4 Dec, 2008 | Hits: 505
Kamal Hossain (Md.) alias Md. Kamal Pramanik Vs. State, 2008, 37 CLC (HCD)
....he LC records along with a copy of this judgment to the Tribunal concerned immediately for information and necessary action. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 505. ......he LC records along with a copy of this judgment to the Tribunal concerned immediately for information and necessary action. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 505. .......................(10) Cases Referred to- Sohel Rana Vs. State, 57 DLR 591; Abed Ali Vs. State, 34 DLR 366. Lawyers Involved: Md. Faruk Hossain with Md. Salim Azad, Advocates — for the Appellant. ABM Mahbub Sumun, Assistant Attorney General, Shuchira Hossain, Assistant......t was proved against him. So, they submitted that there is no illegality in the impugned judgment and order which needs interference by this Court in appeal. 9. In this appeal, only point for determination is, whether the charge framed against the appellant under section 9 (1) of the Nari-o..Category: Women and Children | Date: 23 Nov, 2008 | Hits: 7
Mosammat Kazi Shamsunnahar Vs. Md. Ramjan Molla and others, 2008, 37 CLC (HCD)
....s discharged. The judgments and orders of the courts below are hereby affirmed. Send down the lower court records at once. Ed. This Case is also Reported in: 29 BLD (HCD) (2009) 391. ...... the courts below violated this aspect of mandatory provision of law that occasioned failure of justice. The aforesaid preemption case according to the learned advocate also was hit by principle of estoppels, waiver and acquiescence because the pre-emptor and the sellers being full br...... order dated 30.04.2000 passed by the learned Senior Assistant Judge, Munshiganj, in Pre-emption Miscellaneous Case No.35 of 1999 allowing the said Miscellaneous Case. 2. The facts involved for disposal of the rule are as follows: The opposite party No.1 as petitioner filed a Pre-empt......s discharged. The judgments and orders of the courts below are hereby affirmed. Send down the lower court records at once. Ed. This Case is also Reported in: 29 BLD (HCD) (2009) 391. ..Category: Property Law | Date: 20 Nov, 2008 | Hits: 2
....endants in general,
and the defendant Nos. 1 and 2 in particular, submit their Written Statements
positively by 4-1-2009.
Ed.
This Case is also
Reported in: 61 DLR (HCD) (2009) 244. ......ween a
guarantor, a creditor and the principal debtor. It has also been argued at
length that the issuance of the two Letters of Guarantee are not necessarily in
conflict with the "pay to be paid" principle for the simple reason
that these operate within separate conceptual and functional sphere......
Judgment
Syed
Refaat Ahmed J. -
These are two Applications filed on behalf of the defendant Nos. 1 and 2 in
both cases under Order I, rule 10 (2) of the Code of Civil Procedure
("Code") for striking out the names of the defendant Nos. 1 and 2
from each of the plaints in the two Suits.......endants in general,
and the defendant Nos. 1 and 2 in particular, submit their Written Statements
positively by 4-1-2009.
Ed.
This Case is also
Reported in: 61 DLR (HCD) (2009) 244. ..
Category: Admiralty Law or Maritime Law | Date: 26 Oct, 2008 | Hits: 17
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. ......ating an extradition process against him. Learned Deputy Attorney-General could not disown the fact of the unconscionable laches on the part of Government in the matter. This is certainly against the principle of human liberty. None should be detained in custody without any judicial proceeding in ......e Nisi was issued calling upon the respondents to show cause as to why the detenu Md. Belial Hossain, son of Farid Miah alias Sabid Miah now detained at Noakhali District Jail should not be brought before this Court so that this Court may satisfy itself that he is not being held in custody without l......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. ..Category: Criminal Law | Date: 20 Aug, 2008 | Hits: 20
....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.
...... Others Vs. Sharon Laily Begum Jalil 1998 BLD (AD) 22 = 50 DLR 55 and also in the case of Farhana Vs. Samudra Eiazul Haque and Others (2008) 60 DLR 12. The facts of those cases are different. But the principle enunciated in those cases that a Writ Petition in the form of habeas corpus is maintainabl................. Respondents
Judgment
August 14, 2008.
Result:
The Rule and the supplementary Rule are made absolute.
Words and Phrases
DNA
DNA stands for ‘Deoxyribonucleic Acid’, a molecule that contains all of our genetic information. By examini......D18S51 Penta E, D5S818, D13S317, D7S820, D16S539, CSF1PO, Penta D, vWA, D8S1179, TPOX and FGA) were amplified using specific oligonucleotide primers. One additional locus Amelogenin was also used for determination of sex (Male=XY; Female=XX.) DNA analysis was carried out on a 3100 avant Genetic Anal..
Category: Women and Children | Date: 14 Aug, 2008 | Hits: 201
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. ......ises upon which, the writ petition was made, in short, are that the separation and independence of the judiciary from the executive and legislative organs have been the cornerstone of the fundamental principles of State policy as enshrined in Article 22 of the Constitution. The Constitution in numbe......nce should not be declared to be void being ultra vires of Articles 7, 22, 94, 111 and 112 of the Constitution. 2. The Hon'ble Chief Justice by his order dated 18-6-08 constituted this Bench for hearing and disposal of the Rule. On 30-6-2008 when the Rule came up for hearing/ we issued a no......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
Motahera Begum and others Vs. Abdul Monaf and others, 2008, 37 CLC (HCD)
....ule is discharged without and order as to the costs. 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) 402. ......y right and justified in allowing the appeal and thereby reversing the judgment and decree passed by the trial court and hence no interference is called for by this court. 11. By now the settled principle of law in exercising the revisional power under Section 115 of the Code of Civil Procedure......eing the suit should not be set aside. 2. The petitioner being plaintiffs instituted Other Suit No.45 of 1995 in the Court of the learned Senior Assistant Judge, Cox's Bazar praying a decree for declaration of title to the land measuring an area of 1.50 acres appertaining to R.S. Khati......ule is discharged without and order as to the costs. 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) 402. ..Category: Property Law | Date: 30 Jul, 2008 | Hits: 2
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. ......t while punishing him he sentenced him to suffer imprisonment for 7 years and to pay a fine of Taka 5000/- in default of payment of fine to suffer imprisonment for 6 months more. It is an established principle of law that punishment must commensurate with the gravity of the offence. For recovery of ......o Bheramara Police Station Case No.12 dated 20.01.2004 convicting the accused petitioner under section 25B(2) of the Special Powers Act, 1974 and sentencing him thereunder to suffer imprisonment for 7 years and to pay a fine of Taka 5000/- in default, to suffer imprisonment for 6 months mo......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. ..Category: Criminal Law | Date: 30 Jul, 2008 | Hits: 5
State Vs. Metropolitan Police Commissioner, Khulna and others, 2008, 37 CLC (HCD)
....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. ......nd that courts should not ignore the international obligations, which a country undertakes. If domestic laws are not clear enough or there is nothing therein, the national courts should draw upon the principles incorporated in the international instruments. If domestic law is inconsistent with inter......urts as well as the other state departments, functionaries and agencies dealing with children, to keep in mind that the best interests of the child (accused or otherwise) must be considered first and foremost in dealing with all aspects concerning that child. 2. The parents of the children who ar......, except when competent authorities subject to judicial review determine, in accordance with applicable law and procedures, that such separation is necessary for the best interests of the child. Such determination may be necessary in a particular case such as one involving abuse or neglect of the ch..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. ......4. The purchasers pre-emptees contested the case by filing written objection denying the material allegations and stating that the preemption application suffers from defect of parties, barred by the principle waiver, estoppel and acquiescence, the preemptors were tendered to purchase the land under......ite party Nos.1-3 as preemptors filed the Preemption Miscellaneous Case No.33 of 2000 under section 96 of the State Acquisition and Tenancy Act in the court of the learned Assistant Judge, Patuakhali for preemption. 3. The claim of the preemptors is in brief that they are co-shares by inheritan......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. ..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. ......4. The purchasers pre-emptees contested the case by filing written objection denying the material allegations and stating that the preemption application suffers from defect of parties, barred by the principle waiver, estoppel and acquiescence, the preemptors were tendered to purchase the land under......ite party Nos.1-3 as preemptors filed the Preemption Miscellaneous Case No.33 of 2000 under section 96 of the State Acquisition and Tenancy Act in the court of the learned Assistant Judge, Patuakhali for preemption. 3. The claim of the preemptors is in brief that they are co-shares by inheritan...... 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. ..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. ......ed Kingdom and it holds almost absolute majority (82.9%) of the share holder of respondent. The documents on record show that the nature of business of respondent-o.p. is similar to that of U.K. principle the U.K. entity appoints majority of the board of directors as senior employees. The ......aka in Arbitration Miscellaneous Case No.661 of 2007 should not be set aside and or pass such other or further order or orders as to this court may seem fit and proper. 2. Short facts, necessary for disposal of this revision are that a dispute having been arisen out of two agreements dated 30.1...... 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)
....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. ......under which confession was made and to ascertain whether it is true and voluntary……………………(49) Principle of criminal law The cherished principles or golden thread of proof beyond reasonable doubt which runs through the web of our law f......ge of the accused raises doubt about the genuineness of the extra-judicial confession………………………(42) Extra-judicial confession made before a person in authority cannot be relied upon as evidence without any independent corroboration&h......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)
..... 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. ...... 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 known as "Genemlia specialibus non derogant" which in English means "general words do not ...... June 18, 2008. Result: The appeal is allowed. Cases Referred to- Managing Director, Rupali Bank Vs. Tafazal Hossain, 44 DLR (AD) 260; Wolverhampton New Waterworks Co. Vs. Hawkesford, 6 CBN 6.336; House of Lords in Nevile Vs. London Express Newspaper, 1991 AC 368; Jogesh Chandr....... 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. ......er has an alternative and efficacious remedy by way of appeal.........The petition is dismissed." 18. In the case of Gazi M Towfic Vs. Agrani Bank reported in 54 DLR (AD) 6, where the principle has been laid down in the following terms: "The law is now settled that since sp......nder Article 102 of the Constitution does not lie against the judgment and decree whether ex parte or on contest passed by the Artha Rin Adalat since there being specific provision in the statute for filing appeal against such judgment and decree passed…………………………….(20) ......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. ......ire Family Suit No.415 of 2008 deciding that the father's custody is the better custody for the minor girl Radyna Karim which can not be sustained as the same is made contrary to the age old principle of justice delivery system. 19. In a bid to reply the argument of Mr. A.K.M. Nazrul...... Judgment June 17, 2008. Result: The Rule is made absolute. The Family Courts Ordinance 1985 (Ordinance No. XVIII of 1985); section 16A Condition precedent for invoking section 16A Section 16A of the Ordinance has empowered the family court to exer...... 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. ..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. ......aside the order passed by the petitioner which is illegal and without lawful authority. He further submits that the Labors Court only can see whether the Inquiry Officer acted unfairly or against the principle of natural justice or did not follow the procedure laid down in sub-section (1) of section......export thereof. 3. The case of the respondent No. 2 is, that he was a permanent worker in the Consolidated Tea and Lands Co. (Bangladesh) Ltd (Finals Swine Group) and he has rendered his service for 15 years with sincerity acclaiming confidence of the 2nd party and his basic pay is Taka 840. Th......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. ..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. ......annot be held at the moment that fresh trial by competent Court will be useless exercise. There is no extenuating circumstance for taking a lenient view in exonerating the accused. So, in view of the principle of law enunciated in the afore-mentioned case [51 DLR (AD) 18] in the instant case fresh t......of Criminal Procedure read with section 29 of the Nari-o-Shishu Nirjatan Daman Ain, 2000 (hereinafter referred as the Ain) submitted by the learned Judge of the Nari-o-Shishu Nirjatan Daman Tribunal, for confirmation of sentence of death awarded by him to condemned-prisoner Ershad Sheikh convicting ......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
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. ......red those shares. Arguing that predicated on the fact that an intervention by this Court in the form of an order condoning the delay in holding of AGMs operates under the "condonation reversion" principle and that a condonation of delay has the primary retrospective effect of a company's inter......f 2008. Judgment Syed Refaat Ahmed J.- These are four Applications variously filed under Sections 81(2) and 85(3) of the Companies Act, 1994 ("the Act") that proceed on a common premise for the holding of the 20th, 21st, 22nd, and 23rd Annual General Meetings (AGMs) of United Commerci......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
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