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Nadia Khalil Vs. Rudess Karim, 2008, 37 CLC (HCD)
....e No. XVIII of 1985); section 16A Condition precedent for invoking section 16A Section 16A 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 ...... husband at 25 Park Road, Baridhara, Dhaka till mistrust, disagreement and suspicion cropped up in between the parties and allegations and counter allegations became the feature of the day. At one stage the wife Nadia Khalil left the husbands residence on 31.10.2007 along with her minor daughter......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)
....ioner Vs. Second Labor Court ……………………..........................................Respondents Judgment June 17, 2008. Result: The Rule is discharged without any order as to cost. Case Referred to- James Finally PLC Vs. Chairman 2nd Labors Court, 5......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)
....tated that the place of her work was half a mile away from her house. The house of the accused was at a little distance from her house. On the date of occurrence she did not narrate the occurrence to anybody of her village. No salish was held and no case was filed for demanding dowry by the accused.......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)
....with Probir Neogi, Advocate-For the Respondent No.3, (In Matter Nos.01, 10 and 11 of 2008). Md. Kabir Iqbal Hasan, Advocate-For the Added Respondent No.6, (In Matter No.01 of 2008). Company Matter No.01 of 2008 With Company Matter No.10 of 2008 With Company Matter No.11 of 2008 With C......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
Haji Nasirullah and another Vs. Government of Bangladesh and others, 2008, 37 CLC (HCD)
.... 10.4.2008. On query, the petitioner came to know that notices under sections 3, 4, 5 and 6 of the Ordinance were not issued/served upon the petitioner in L.A. Case No.01/2007-2008. Without executing any agreement according to section 15(1) of the Ordinance, the L.A case was started. Notices under s......ent. The basis of preparation of S.A. khatian in the name of the Government could not be satisfactorily established by either party. In such a state of Affairs, it cannot be conclusively said at this stage that the, khas land standing in the name of the Government in R.S. khatian belongs to the Gove......No.3071 of 2008 in addition to the grounds agitated by Mr. Khondker Mahabub Uddin Ahmed, submits that no notice under sections 3 and 6 of the Ordinance was served upon the petitioner and, as such the proceeding of the impugned L.A. Case so far as the petitioner is concerned is illegal and without ju..Category: Property Law | Date: 8 Jun, 2008 | Hits: 11
Tasmima Hossain Vs. Anti-Corruption Commission and others, 2008, 37 CLC (HCD)
....esponding to Dhanmondi PS Case No.20 of 2007 dated 07.10.07 then pending before the Court of Chief Metropolitan Magistrate at Dhaka should not be declared to have been initiated and continued without any lawful authority and as such, of no legal effect and as to why the rule 15 of the Emergency Powe...... 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. ......tion No.31 of 2008. Judgment Mohammad Abdur Rashid J.-The above Rule Nisi was issued asking the respondent Anti-corruption Commission to show cause as to why initiation and continuation of proceedings of ACC GR Case No.125 of 2007 corresponding to Dhanmondi PS Case No.20 of 2007 dated 07...Category: Anti-Corruption Laws, Criminal Law | Date: 8 Jun, 2008 | Hits: 7
Abul Kalam Azad (Md.) Vs. State and another, 2008, 37 CLC (HCD)
.... Vs. State and another……………….....Opposite parties Judgment May 22, 2008. Result: The Rule is made absolute. Words and phrases Any The word “any” used with singular countable nouns refers to one of a number of things or people when it does...... 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. ......s, when it stands in between two classes of people, things, another, etc. and in that case also, it represents one class. By any imagination 'any' cannot go beyond one. Law barred in initiating 'any' proceeding in which several cheques have been involved……………………………(12) The..Category: Banking Law | Date: 22 May, 2008 | Hits: 227
Mrs. Shahida Khatun and another Vs. Zafrul Hasan and State, 2008, 37 CLC (HCD)
....ers alleging, inter alia, that Nitol Motors Ltd. a business concern dealing in vehicle of different, models and in between 21-03-2000 to 20-05-2000, accused No.1 applied in prescribed form of the Company to purchase live trucks by installments, through the appointed dealers of the Company namely M/S...... denied further payment, thereby he committed the offence of criminal breach of trust arid cheating. He adds that trial of the case has already commenced, so the proceedings cannot be quashed at this stage. 6. Mr. Osman Gahi, the learned Assistant Attorney-General adopted the submissions advanc...... the rest instalments and subsequently denied further payment, thereby he committed the offence of criminal breach of trust arid cheating. He adds that trial of the case has already commenced, so the proceedings cannot be quashed at this stage. 6. Mr. Osman Gahi, the learned Assistant Attorney-..Category: Procedural Law | Date: 18 May, 2008 | Hits: 41
Zakir Hossain and another Vs. Md. Yousuf Kabir and others, 2008, 37 CLC (HCD)
.... fraudulent and was not legally enforceable in respect of the suit property, Rasheda Begum had no right, title, interest and possession in the suit property. Therefore, the defendants did not acquire any title to the suit property either on the basis of the bainapatra or their alleged purchase. The ......y to them along with interest at the rate of 16% stating, inter alia, that during the pendency of the suit the plaintiffs became major on 07.10.95 and 15.10.96 respectively. While the suit was at the stage of peremptory hearing the defendants having understood that they would be defeated in the suit......Court allowed the prayer. The plaintiffs having lost up to the highest court of the country filed an application under Order XXI, rule 99 of the Code of Civil Procedure just to block the further proceedings of Title Execution Case No.3 of 1980. The application was rejected on 23.01.94 on c..Category: Property Law | Date: 13 May, 2008 | Hits: 5
Kazi Ramimul Islam Vs. State, 2008, 37 CLC (HCD)
....d read it over to him in open Court to which he pleaded not guilty and demanded trial. 5. The prosecution examined 7 witnesses who were cross-examined by the defence and the defence did not adduce any evidence. 6. After close of the examination of the prosecution witnesses, the accused appella......ld him that she came there with her Dulabhai (brother-in-law) named Niranjan who went to a person for collecting sale proceeds of ornament and that the accused Islam is her Dulabhai's friend. At this stage, this witness was declared hostile. In the cross-examination by the prosecution, he stated tha......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
Kazi Ranimul Islam Vs. State, 2008, 37 CLC (HCD)
....d read it over to him in open Court to which he pleaded not guilty and demanded trial. 5. The prosecution examined 7 witnesses who were cross-examined by the defence and the defence did not adduce any evidence. 6. After close of the examination of the prosecution witnesses, the accused appella......ld him that she came there with her Dulabhai (brother-in-law) named Niranjan who went to a person for collecting sale proceeds of ornament and that the accused Islam is her Dulabhai's friend. At this stage, this witness was declared hostile. In the cross-examination by the prosecution, he stated tha......imul 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: 8
Chairman, Bangladesh Water Development Board Vs. Md. Abdur Rahman, 2008, 37 CLC (HCD)
....oners Vs. Md. Abdur Rahman ………………............................................Opposite Parties Judgment April 24, 2008. Result: The Rule is discharged without any order as to cost. The Code of Civil Procedure, 1908 (Act No. 5 of 1908); section 9 The......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. ......er the provisions of Payment of Wages Act for realization of his benefits consequent upon retirement. He submits that if a remedy has been provided under any other law, it created an implied bar to a proceeding under the Code of Civil Procedure, before the Civil Court. In support to his contention, ..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)
....er Section 24 of the Code of Civil Procedure (hereinafter called 'the Code') for withdrawal of Title Suit No.56 of 1998 from the Court of learned Senior Assistant Judge, Sylhet for transferring it to any other competent Court of jurisdiction in Dhaka. 2. The plaintiff opposite party instituted, t...... the parties and after notice to the parties and-after hearing such of them as desire to be heard, or of its own motion without such notice, the (High Court Division) or the District Court may at any stage. (a) transfer any suit, appeal or other proceeding pending before it for trial or disposal ......after hearing such of them as desire to be heard, or of its own motion without such notice, the (High Court Division) or the District Court may at any stage. (a) transfer any suit, appeal or other proceeding pending before it for trial or disposal to any Court sub-ordinate to it and competent to ..Category: Procedural Law | Date: 12 Apr, 2008 | Hits: 40
Bangladesh Institute of Planners Vs. Government of Bangladesh and others, 2008, 37 CLC (HCD)
............................. (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 requisite qualificatio......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. ......d a public office, franchise or liberty, to inquire by what authority he supported his claim/in order that the right to the office or franchise might be determined. Broadly stated, the quo warranto proceeding affords a judicial inquiry in which any person holding an independent, substantive, publi..Category: Civil Law | Date: 6 Apr, 2008 | Hits: 49
Abul Hasnat Nurul Kabir Vs. Government of Bangladesh and others, 2008, 37 CLC (HCD)
....politan Magistrate, Dhaka showing the date of occurrence as 8.5.2005, 30.9.2005, 10.10.2005, 23.10.2005 and 25.10.2005. The petitioner by profession is a businessman, who had a deal with the said company to have financial accommodation under a contact dated 8.11.2004 for an amount of Tk. 10,00,000/-...... not find any substance in this Rule. Accordingly, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 29 BLD (HCD) (2009) 275. ......d Hossain J.-In this application under Article 102 of the Constitution of the People's Republic of Bangladesh, a Rule Nisi was issued calling upon the respondents to show cause as to why the proceeding of Metropolitan Sessions Case No.933 of 2006 under section 138 of the Negotiable Instru&s..Category: Criminal Law, Procedural Law | Date: 12 Mar, 2008 | Hits: 5
Mrs. Rehan Parvin @ Shohely Parvin Vs. State and another, 2008, 37 CLC (AD)
....ously affected the petitioner's authority and lawful obligation and requires this Court'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......……...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 ......is directed against the judgment and order dated 30.01.2006 passed by the High Court Division in Criminal Miscellaneous Case No.3845 of 2005 discharging the Rule and vacating the order of stay of the proceedings of C.R. Case No.1549C of 2004dated 02.06.2004 filed under Sections 406/420 of the Penal ..Category: Procedural Law | Date: 19 Feb, 2008 | Hits: 6
Farid Miah (Md.) Vs. State, 2008, 37 CLC (HCD)
....e but as it is the earliest recorded version, the same may be looked into for the purpose of comparing the same with the deposition made in the court. During trial, if prosecution witnesses made any deviation from the first information report story it makes the prosecution case doubtful castin...... police called him from his house and told that they arrested a dacoit named Farid and police took his signature in a blank paper and that he did not see the committing of dacoity. 19. At this stage of his deposition, he was declared hostile and he was cross-examined by the prosecution. In h......contest between two parties and declare at the end of the combat who has won and who has lost or is there not any legal duty of his own, independent of the parties, to play an active role in the proceedings in finding out the truth and administering justice? It is a well accepted and settled p..Category: Criminal Law | Date: 14 Feb, 2008 | Hits: 5
Sefina Ferdousi @ Shimla and another Vs. Jaohar Kabir and others, 2008, 37 CLC (HCD)
....Whether the case is maintainable in its present form and forum. ii) Whose custody will cause the most welfare for the said minor. iii) Whether the petitioner can get the relief as per prayer or any other relief in a different way. 7. Both the parties adduced evidence both oral as well as do......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. ......mother petitioner can not consider the welfare of the son while she divorced the opposite party (father) and entered into second 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 l..Category: Women and Children | Date: 3 Feb, 2008 | Hits: 142
Nabab Khan Vs. Commissioner of Taxes, 2008, 37 CLC (HCD)
....ribunal in ITA No. 4319 of 2001-2002 in respect of assessment year 1998-99. 2. The assessed who presented the above reference is stated to be the proprietor of a firm namely Ms. Nabab and Company. He is engaged in the business of construction as a contractor, security guard supply, wholesal...... the assessed. 14. Secondly, sub-section (5) of section 93 of the Ordinance clearly enables the concerned income tax authority to start or initiate the proceeding from the stage next preceding the stage at which such annulment, setting aside, cancellation or modification...... finally the total of the assessed. 14. Secondly, sub-section (5) of section 93 of the Ordinance clearly enables the concerned income tax authority to start or initiate the proceeding from the stage next preceding the stage at which such annulment, setting aside, cancell..Category: Fiscal/Taxation Law | Date: 22 Jan, 2008 | Hits: 13
Sultana Hashem Vs. Government of Bangladesh and others, 2008, 37 CLC (HCD)
.... of detention bad in law and such an order cannot be justified in the eye of law, because, on account of vagueness of the grounds of detentions the detenu has been deprived of his right to submit any effective representation against his detention and explain his position.…………………......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. ......gle material available a regular case might have been initiated against the detenu by this time, but on perusal of the writ petition as well as affidavit in opposition we do not find that any such proceeding is pending against the detenu which clearly shows that there is no substantial material ..Category: Criminal Law | Date: 21 Jan, 2008 | Hits: 10
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