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....cial Original Jurisdiction)
Present:
AFM Abdur Rahman J
SM Emdadul Hoque J
Khabiruddin Ahmed…………………….Petitioner
Vs.
Government of the People's Republic of Bangladesh and others………………………Respondents
Judgment
November 9, 2008.
Result:
The ......laxing their educational qualification, whereas they have only SSC, I.Com and HSC Degree respectively. Thereafter, the petitioner submitted an application to the Director General of the Board through proper channel on 16- 4-2004 for giving him promotion to the post of Deputy Director in considering ..
Category: Employment/Service Law | Date: 9 Nov, 2008 | Hits: 117
Akramuzzaman (Md.) alias Babu Vs. Artha Rin Adalat No. 1 Rajbari and others, 2008, 37 CLC (HCD)
....n (Special Original Jurisdiction) Present: Zinat Ara J SM Ziaul Karim J Akramuzzaman (Md.) alias Babu ……………. Petitioner Vs. Artha Rin Adalat No. 1 Rajbari and others………………..Respondents Judgment November 5, 2008. Result: Th......-9-2004 decreed the suit ex parte. 5. The bank, then put the decree in execution in Execution Case No. 13 of 2005 against the petitioner. Consequently, all steps were taken to sell the mortgaged property in auction but with no effect. Then, on 6-10-2005 at the instance of the bank the Court iss..Category: Civil Law | Date: 5 Nov, 2008 | Hits: 168
....
(Admiralty
Jurisdiction)
Present:
Syed
Refaat Ahmed J
United Edible Oils Ltd…………………plaintiff
Vs.
London Steam Ship Owners'
Mutual Insurance Association Ltd. and other(s) …………Defendants
Judgment
October 26, 2008.
Result:
The
Appl......that of the principal debtor,
i.e. defendant Nos. 3 and 4;
b. the plaintiff has recourse to relief
against the defendant Nos. 1 and 2; and
c. the defendant Nos. 1 and 2 are necessary
and proper parties to the suit and, as such, their presence is required for
effectual and complete adju..
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)
....rt High Court Division (Special Original Jurisdiction) Present: Syed Mahmud Hossain J Farid Ahmed J Taj Nahar Begum..................Petitioner Vs. Government of Bangladesh and others………............Respondents Judgment August 20, 2008. Result: The Rule i......f the Act have effect in relation to that State. 13. It seems that the provision of section 4 of the Act escaped the notice of the Ministry of Home Affairs. After more than 7 years it would not be proper to give an opportunity allowing the Government to initiate a committal proceeding under sec..Category: Criminal Law | Date: 20 Aug, 2008 | Hits: 20
....)
Present:
Syed Mahmud Hossain J
Farid Ahmed J
Bangladesh Jatiyo Mahila Ainjibi Samity (BJMAS)....... ....Petitioner
Vs.
Ministry of Home Affairs and Others.............. Respondents
Judgment
August 14, 2008.
Result:&nb......ghts. Since the seven children are helpless and their actual parents are not available, we are inclined to keep them in the custody of Bangladesh Jatiyo Mohila Ainjibi Samity which is willing to take proper care of the children at their cost. The children shall remain in shelter home of Bangladesh J..
Category: Women and Children | Date: 14 Aug, 2008 | Hits: 201
....n
(Special
Original Jurisdiction)
Present:
AFM
Abdur Rahman J
SM
Emdadul Hoque J
AKM Kamruzzaman Khan …………Petitioner
Vs.
Registrar, Joint Stock Companies and Firms
Dhaka and 6 others …………Respondents
Judgment
August 12, 2008.
Resul......93 of
the Companies Act, 1994 and to take appropriate step on hearing the petitioners
and the respondent No.2 and/or to pass such other or further order or orders as
to this Court may seem fit and proper.
2. It has been asserted in the writ
petition that the petitioner is the Managing Direc..
Category: Company Law | Date: 12 Aug, 2008 | Hits: 18
Idrisur Rahman (Md) Vs. Bangladesh, 2008, 37 CLC (HCD)
.... Ahsanullah vs. Bangladesh 44 DLR 179; Venkata Reddy vs. Andhra Pradesh: AIR 1985 SC 724; Nagraj vs. Andhra Pradesh: AIR 1985 SC 551 A K Roy vs. India: AIR 1982 SC 710, 725, Peergada Kazi Shariatulla and others vs. Bangladesh in Writ Petition No. 2207 of 2008; M Shamsul Huque and others vs. Banglade......nged on the ground of absence of emergency, the Court may start with a presumption of the existence of emergency as the executive's assertion of the existence of emergency should be given due and proper weight. Every casual and passing challenge to the existence of the necessary circumstances ca..Category: Constitutional Law | Date: 7 Aug, 2008 | Hits: 236
Mohammad Nasim Vs. State and another, 2008, 37 CLC (HCD)
....sent: Md. Muzammel Hossain J Syed AB Mahmudul Huq J Mohammad Nasim……………………………………………………………………….Appellant Vs. The State and another…………………………………………………………………Respondents ...... there under to suffer rigorous imprisonment for a period of 10(ten) years and to pay a fine of Tk. 10,00,000/- in default to suffer rigorous imprisonment for 1(one) year and also confiscated the properties acquired through improper means, disproportionate to lawful source of income in the na..Category: Criminal Law | Date: 6 Aug, 2008 | Hits: 4
....Md. Dabirush-Shan J
S.M. Mohiuddin Hossain…………………………Petitioner
Vs.
Jalalabad Co-Operative Housing Society Limited and others………….Opposite Parties
Judgment
August 5, 2008.
......t of Senior Assistant Judge, 5th Court, Sadar, Chittagong on 19.11.1992 being Other Suit No.3 of 1995 with a prayer for permanent injunction and the restrain to defendants from entering into the suit property and not to evict plaintiff and not to do any harm to the properties and houses therein..
Category: Civil Law, Property Law | Date: 5 Aug, 2008 | Hits: 4
Motahera Begum and others Vs. Abdul Monaf and others, 2008, 37 CLC (HCD)
....is also Reported in: 29 BLD (HCD) (2009) 402. ...... was recorded in R.S. Plot No.106 an area of 1.39 acres and in R.S. Plot No.110 an area of 11 decimals in R.S. Khatian No.1. The plaintiff’s predecessor was a sailor and that he had no land and property of his own. During the liberation war he was in West Pakistan and he was in service and aft..Category: Property Law | Date: 30 Jul, 2008 | Hits: 2
State Vs. Metropolitan Police Commissioner, Khulna and others, 2008, 37 CLC (HCD)
....pecial Original Jurisdiction) Present: Md. Imman Ali J Md. Emdadul Huq J The State.......................................Petitioner Vs. The Metropolitan Police Commissioner, Khulna and others..............Respondents Judgment July 22, 2008. Result: The Rule is disposed......tion 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 and to provide a congenial atmosphere for the proper development of the child. 8. If a child is detained or placed in the care of someone other..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)
....) 28. ......disputed holding and the preemption proceeding is not barred by limitation or by the principle of estoppel, waiver and acquiescence, nor suffers from any defect of parties, rather the courts below on proper consideration of the materials on records concurrently found that the preemptors are entitled..Category: Property Law | Date: 21 Jul, 2008 | Hits: 3
Md. Abdul Jabber Biswas Vs. Aysha Khatoon and others, 2008, 37 CLC (HCD)
.... (HCD) (2009) 28. ......disputed holding and the preemption proceeding is not barred by limitation or by the principle of estoppel, waiver and acquiescence, nor suffers from any defect of parties, rather the courts below on proper consideration of the materials on records concurrently found that the preemptors are entitled..Category: Property Law, Tenancy Law | Date: 21 Jul, 2008 | Hits: 5
Reckitt Benckiser (Bangladesh) Ltd. Vs. Oram Limited, Sale Centre, 2008, 37 CLC (HCD)
....p;……………….Opposite Party Judgment July 13, 2008. Result: The Rule is made absolute. Case Referred to- Punjab Ali Pramanik and others Vs. Mohd. Mokarram Hossain, 29 DLR (SC) 185. Lawyers Involved: Rafique-ul-Huq w......16.8.2007 passed the District Judge, Dhaka 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 ..Category: Alternative Dispute Resolution | Date: 13 Jul, 2008 | Hits: 18
Abdul Hannan Vs. State, 2008, 37 CLC (HCD)
....Confession Before a confession can be accepted in evidence, it must be established by cogent evidence that what were the exact words used by the accused. Even if so much is established, prudence and justice demand that such evidence cannot be made the sole ground of conviction. It may be used o......ting the evidence in its entirety solely on the ground that the same is not acceptable in respect of some of the accused……………………..(65) The proper procedure for appreciation of evidence of a witness is in its entirety and not to bank on a p..Category: Evidence Law | Date: 29 Jun, 2008 | Hits: 175
Khairul Amin and others Vs. Md. Saidul Hoque & another, 2008, 37 CLC (HCD)
.... is also Reported in: 61 DLR (HCD) (2009) 252. ......assed by the learned Senior Assistant Judge (in-charge), Sitakunda in other Suit No. 2 of 1998 should not be set aside and or pass such or further order or orders as to this Court may seem fit and proper. 2. The opposite party No.1 as plaintiff instituted Other Suit No.2 of 1998 before the ..Category: Evidence Law | Date: 19 Jun, 2008 | Hits: 8
Ahmed Hossain (Md.) and others Vs. Nasima Khatun and another, 2008, 37 CLC (HCD)
....d in: 13 BLC (HCD) (2008) 828. ......aint, there is no bar to file a fresh complaint as it appears in the Code of Criminal Procedure, without preferring appeal under the Ain, 2000, so the impugned order of framing charge is just and proper. 8. Mr. Osman Gani, the learned Assistant Attorney-General, appearing for the State resp..Category: Women and Children | Date: 18 Jun, 2008 | Hits: 28
Nadia Khalil Vs. Rudess Karim, 2008, 37 CLC (HCD)
....) Custody of a minor child In order to ascertaining the custody of a minor child the paramount consideration is the welfare of the child, apart from the legal rights of the father and mother………….(39) Cases Referred to- Abdul Jalil and others Vs. Mrs. Sharon La......t happens in our everyday life through eve teasing. Every court, therefore, when adjudicating family suit should be cautious in this respect. …………(36) Family suit is different from property suit The family suit having involved some humanly element is a bit different from..Category: Family Law | Date: 17 Jun, 2008 | Hits: 19
State Vs. Ershad Sheikh, 2008, 37 CLC (HCD)
....f the Nari-o-Shishu Nirjatan Daman Tribunal, for confirmation of sentence of death awarded by him to condemned-prisoner Ershad Sheikh convicting him under section 11 (ka) of the Ain by the judgment and order dated 23-11-2004 passed in Nari-o-Shishu Case No.219 of 2004. 2. Against that judgment ......ক্ষের নিকট দাবীকৃত অর্থ, সামগ্রী বা অন্যবিধ সম্পদ; অথবা (আ)..…… 28. The money or article or any property demanded by the bridegroom or his father, mother or anybody directly related with the bride..Category: Women and Children | Date: 17 Jun, 2008 | Hits: 157
AKM Nazimuddin Vs. Md. Delwar Hossain and others, 2008, 37 CLC (HCD)
.... Present: SAN Mominur Rahman J Shahidul Islam J AKM Nazimuddin………………………Petitioner Vs. Md. Delwar Hossain and others…………………………..Opposite......he Miscellaneous Case filed under section 96 of the State Acquisition and Tenancy Act, 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. Facts relevant for disposal of the Rule are that admittedly the pre-emptor being a c..Category: Property Law | Date: 11 Jun, 2008 | Hits: 12
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