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Abul Kashem (Md.) Vs. Government of Bangladesh and others, 2008, 37 CLC (HCD)
....olutely in accordance with law. 8. Mr. Md. Abdul Samad Kamal, the learned Deputy Attorney-General, appearing with Mrs. Nowazish Ara Begum, the learned Assistant Attorney-General, on the other hand, by filing affidavits-in-opposition in all the petitions on behalf of the respondent No. 2, op...... High Court Division (Special Original Jurisdiction) Present: Md. Imman Ali J Md. Ashfaqul Islam J Abul Kashem (Md.)……………………Petitioner Vs. Government of Bangladesh represented by the Secretary, Ministry of Local Government and Co-operativ......ithout any order as to cost. The order of stay granted earlier by this Court is hereby vacated and recalled. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 249. ..Category: Others | Date: 27 Nov, 2008 | Hits: 4
Habibur Rahman Molla Vs. State, 2008, 37 CLC (HCD)
....in the prescribed period of 60 days as contemplated in section 6A of the Criminal Law Amendment Act, 1958, on that score as well, the impugned proceeding is liable to be quashed. 7. On the other hand, Mr. Md. Khurshid Alam Khan, the learned Advocate appearing on behalf of the ACC, opposite part......d this leaves room for judicial discretion to interpret the particular provision as mandatory or directory with reference to the intent of the legislature. So the intention of the legislature is the governing and regulating factor, which has to be gathered not only from the phraseology of the provis......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. ..Category: Anti-Corruption Laws | Date: 20 Nov, 2008 | Hits: 157
Abdul Hai (Md.) Vs. Bangladesh and others, 2008, 37 CLC (HCD)
....ned high standard of professionalism and also good performance certificate and good name from the BDR authorities. While the writ petitioner was posted at Rangpur Sector Head Quarter, he was suddenly handed over a certificate of discharge from Service on 1-10-2001 informing him that he has been made......titioner Vs. Bangladesh and others……………Respondents Judgment November 18, 2008. Result: The Rule is disposed of. Case Referred to- Col. Md. Hashmat Ali (Retired) Vs. Government of Bangladesh, 47 DLR (AD) 1; Bangladesh Vs. Md. Abdur Rab, 33 DLR (AD) 143; Yeahia Khan V......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. ..Category: Employment/Service Law | Date: 18 Nov, 2008 | Hits: 33
Taj Nahar Begum Vs. Government of Bangladesh and others, 2008, 37 CLC (HCD)
.... Act, 1974 and that, as such, there is no scope for initiation of such a proceeding. 5. Mr. Razik-al-Jalil, learned Deputy Attorney-General appearing on behalf of respondent No.1, on the other hand, submits that the detenu committed murder in Kuwait as evidenced by his confessional statemen......(2008) 843. ......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
Ayub Ali alias Mukul Vs. State, 2008, 37 CLC (HCD)
.... Vs. Md Salauddin, 7 BLT (AD) 132 = 50 DLR (AD) 301; Abdul Karim Vs. Shamsul Alam, 45 DLR 578. Lawyers Involved Zainul Abedin with SM Mahbubul Islam, Advocates — For the Petitioner. Khandaker Diliruzzaman, Assistant Attorney- General — For State Opposite Party. Criminal Appea...... 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. ...... 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. ..Category: Criminal Law | Date: 14 Aug, 2008 | Hits: 28
.... 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 respondent No. 4 should not be directed to hand over the seven children described in paragraph No. 3 of the supplementary affidavit dated 18.6.......r 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 respondent No. 4 should not be directed to hand over the seven children described in paragraph No. 3 of the supplementary affidavit dated 18.6.2006,......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.
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Category: Women and Children | Date: 14 Aug, 2008 | Hits: 201
Idrisur Rahman (Md) Vs. Bangladesh, 2008, 37 CLC (HCD)
....n the Supreme Court of Bangladesh. 3. We also requested Senior Advocates Mr. Shafique Ahmed, the President of the Supreme Court Bar Association, Mr. TH Khan, Dr. Kamal Hossain, Mr. Rafiqul Huq, Khandaker Mahbubuddin Ahmad, Mr. Mahmudul Islam, Ajmalul Hossain, QC to assist the Court as Amicus Cu......la vs. State of Rajasthan: AIR 1951 SC 467; State of Orissa vs. Bhupendra Kumar (Gajendragadkar): AIR 1962 SC 945; Makhan Singh Tarsikka vs. State of Punjab: AIR 1964 SC 648; Mr Satpal & Co. vs. Governor of Delhi: AIR 1979 SC 1550; R K Garg vs. Union of India: AIR 1981 SC 2138; A K Roy vs. India......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)
.... Housing and Works during the Government of Awami League; that on 24.06.2008 he had suffered brain haemorrhage in Central Jail, Kashimpur, Gazipur and the left side of his body including the left hand and leg have become paralyzed and his left ear and left eye-sight have been damaged; that at f......anizer of Bangladesh Liberation War, 1971; that he was an elected Member of Parliament for four terms and also a Minister of Home, Post and Telecommunications and Housing and Works during the Government of Awami League; that on 24.06.2008 he had suffered brain haemorrhage in Central Jail, ......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. ..Category: Criminal Law | Date: 6 Aug, 2008 | Hits: 4
....oved the said plan on 25.10.1976 and gave permission to cut hill of the extended area. Zafar Ahmed sold 1(one) acre of land out of R.S. Plot No.95 by kabala dated 31.08.1976 to the defendant No.1 and handed over possession accordingly and B.S. Khatian has been published in his name. The plainti...... is .37 decimals of land. Zafar Ahmed being owner in possession sold the same to the plaintiff by a registered kabala dated 30.08.1976 on proper consideration and put the plaintiff in possession over the "Ka" Schedule land and since then the plaintiff has been in exclusive possession ...... time of issuance of the rule is hereby vacated.
The 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) 135.
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Category: Civil Law, Property Law | Date: 5 Aug, 2008 | Hits: 4
Motahera Begum and others Vs. Abdul Monaf and others, 2008, 37 CLC (HCD)
....S. Khatian No.117, M.R.R. Khatian No.1, Plot No.110 of Mouza-Kaligonj, Police Station-Moheshkhali, District-Cox's Bazar stating in a nut shell that the suit jote belonged to Zaminder Khirod Chandra Roy and others under whom Sahar Ali, Asad Ali Mia were the rioty tenants. The R.S. Khatian wa......3-21, the defendant No.22 and in favour of the defendant No.5. Thereafter settled the rest land i.e. the land of Schedule-3 land to the plaint remained as khas land which was vested to the Government by due operation of law. During S.A. operation the said land was recorded in R.S. Plot No.......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)
....he sentence is modified to 10(ten) years rigorous imprisonment and to pay a fine 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 ......m and Md. Alamgir were found going by two bicycles. The informant saw that a sack was fastened with back side of a cycle and the informant stopped them. After searching the sack the informant recovered 100 bottlefuls of Indian phensidyl from the said sack. Thereafter the informant prepared seiz......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)
....r development of the child. 8. If a child is detained or placed in the care of someone other than the natural parents, its detention or placement must be reviewed at short intervals with a view to handing back custody to its parents or guardians, subject to their attainment of suitability to get ......Children Act, making the parents/ guardians of any child used for carrying drugs criminally liable. 15. The State must make provision for diversion of child offenders from the formal placement in government safe homes/prisons to be placed in an atmosphere where the child may be guided in more con......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. ..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)
....he learned Assistant Judge, Patuakhali for preemption. 3. The claim of the preemptors is in brief that they are co-shares by inheritance in the holding of the land under preemption. On the other hand the purchasers pre-emptees are strangers therein. The seller pre-emptee is their step brother a......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. ......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)
....he learned Assistant Judge, Patuakhali for preemption. 3. The claim of the preemptors is in brief that they are co-shares by inheritance in the holding of the land under preemption. On the other hand the purchasers pre-emptees are strangers therein. The seller pre-emptee is their step brother a...... 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. ...... 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. ......ct, when an appeal is preferred under section 48 thereof but no appeal having been provided for against the impugned one under the said provision of the Act this court has no jurisdiction to sit over the order passed by the learned District Judge and the rule is liable to be discharged on ......ode and moreso, the petitioner company being a listed company its regulating authority is the Security and Exchange Commission of the government of Bangladesh how can it be said that the central management and control of the company is in U.K. as found by the learned District Judge. Mr. Huq las..Category: Alternative Dispute Resolution | Date: 13 Jul, 2008 | Hits: 18
Abdul Hannan Vs. State, 2008, 37 CLC (HCD)
....gue for post mortem, arrested the accused Hannan and recorded the statements of the witnesses under section 161 of the Code of Criminal Procedure. Thereafter he was transferred to elsewhere and so he handed over the case docket to SI Abeduzzaman, who on receipt of the post-mortem report perused the ......rd to the participation of the accused person in the crime must be separately and independently corroborated, nor is it essential that the corroboration must come from the facts and circumstances discovered after the confession was made……………………......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
City Bank Ltd. Vs. Artha Rin Adalat No.1 Dhaka and others, 2008, 37 CLC (HCD)
....3-10-2004) and, as such, at any rate the ex parte judgment and decree should be liable to be declared to have been passed without lawful authority and are of no legal effect. 13. On the other hand, Mr. Md. Mozibur Rahman Miah, the learned Advocate appearing for the respondent-Bank, by filin......try. Respondent No.2, Agrani Bank as a plaintiff instituted the Artha Rin Suit No.470 of 2004 in the Artha Rin Adalat No.1, Dhaka (hereinafter referred to as "the Adalat") (respondent No.1) for recovery of loan amounting to Taka 46,26,59,843 impleading the petitioner as defendant No.7. The def......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)
....rangement and allowed the same to operate till disposal of Family Appeal No.32 of 2008 and Family Suit No.415 of 2008 for which the impugned order is liable to be set aside. 23. On the other hand the learned Senior Counsel Mr. M. Amirul Islam argued that the petition under Section 16A of t...... service of the rule the learned Advocate Mrs. Rabeya Bhuiyan appeared on behalf of the defendant-appellant-opposite-party and preferred counter affidavit against the revisional application controverting the several allegations as made in the revisional application and brought counter alle...... 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
State Vs. Ershad Sheikh, 2008, 37 CLC (HCD)
.... dowry. In the previous night of occurrence also he was paid Taka 400 on demand. In cross-examination he admitted that the accused never demanded money to the informant in his presence. 14. P.W.5 Khandaker Muzaffar Hossain Bablu deposed that the police seized a hammer and a piece of rope from the......umi and daughter Tanjera used to live in the house of his mother-in-law, informant Amena. The accused was a mason by profession. On 21-4-2004 in the morning the accused demanded dowry of Taka 2000, over which he had altercation with the deceased. Thereafter the informant went out to work as a labo......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)
...........Respondents (In Matter No.05 of 2008) Judgment June 11, 2008. Result: Applications are disposed of with directions and observations. Cases Referred to- Satish Chandra Banik Vs. Dhaka Jute Mills Ltd., PLD 1968, Dacca, 610; Ghyasuddin Ahmed Vs. Faruque, 38 DLR......hman, Secretary, Board of Directors and others...............................................Respondents (In Matter Nos.01, 10 and 11 of 2008) Registrar of Joint Stock Companies and Firms, Government of Bangladesh, 24-25 Dilkusha C/A, Dhaka-1000 and another...............Respondents (In M......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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