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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. ..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.......sp;
The costs of the test will be borne by Ms. Alina Khan, Advocate Supreme Court and Executive Director, Bangladesh Society for the Enforcement of Human Rights”.
15. It is important to note that the Sibling DNA Test was done under the supervision of this Court. All the seven children ..
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......d any law so made to the extent of such inconsistency be void, (underlined by me) The above limitation in the making of any law either by Parliament or President is clear and unambiguous, and must be noted to be absolute. 87. Concept of separation of the powers of the Republic is also incorpor..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......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...... 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.
..
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......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 ......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 ......shall specify the date of such appearance.” The police, it appears, acted in violation of the provisions of the Act. At least, there appears to be no indication that they were aware of the above-noted provisions of law or made any attempt to comply with the requirements. The police station is t..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. ..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. ..Category: Property Law, Tenancy Law | Date: 21 Jul, 2008 | Hits: 5
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 ......ence of impressions that it creates on the mind of the judge…………........................(67) In arriving at the proper conclusions, the Court is also required to take note of the attending circumstances of the case which at times become a determining factor in judgin..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......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...... 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......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......ner shareholder in that case successfully secured an intervention by this Court in restraining the Bank from holding the AGMs for the years 2003, 2004 and 2005. Further, this Court has also taken note of an Order of stay passed on 28.9.2005 by the Appellate Division in Provisional Civil Petitio..Category: Company Law | Date: 11 Jun, 2008 | Hits: 43
Haji Nasirullah and another Vs. Government of Bangladesh and others, 2008, 37 CLC (HCD)
....Sankar Gopal Chatterjee and Others Vs. The Additional Commissioner, Dhaka Division and Others, (1989) 41 DLR 326; Bangladesh, represented by the Secretary, Ministry of Land Administration Vs. Subash Chandra Das and Others, (1994) 46 DLR (AD) 63. Lawyers Involved: Khondker Mahabubuddin Ahme......ed. No order as to costs. The Rule issued in Writ Petition No.3071 of 2008 is discharged without any order as to costs. Ed. This Case is also Reported in: 29 BLD (HCD) (2009) 7. ..Category: Property Law | Date: 8 Jun, 2008 | Hits: 11
Tasmima Hossain Vs. Anti-Corruption Commission and others, 2008, 37 CLC (HCD)
....e time. In support, he cited Shafiqul Islam Shimul (Md.) Vs. Bangladesh, (2004) 56 DLR 239. 11. Mr. Md. Khorshid Alam Khan, learned advocate on behalf of respondent No.1, Commission on the other hand submitted that after the petitioner submitted the statements of assets of her husband no furthe...... 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. ..Category: Anti-Corruption Laws, Criminal Law | Date: 8 Jun, 2008 | Hits: 7
Md. Emdad Hossain and another Vs. Bangladesh Biman Corporation and others, 2008, 37 CLC (HCD)
....until that power is expressly conferred by the parent enactment. In the case of Modi Food Products Ltd. Vs. Commissioner of Sales Tax, AIR 1956 Allahabad 35, similar view was taken. In the case in hand, Service Regulations of Biman being subordinate delegated legislation cannot have retrospectiv.......5182 of 2007 was appointed as Flight Stewardess on 29.3.1974. Regulation 11A was added to the Regulations on 5.2.1984 after both the petitioners joined the service of the Biman. It is important to note here that Regulations made under the authority of an Act/Ordinance cannot have retrospective e..Category: Procedural Law | Date: 4 Jun, 2008 | Hits: 7
Hormuz Sikder & others Vs. Ayub Ali Sikder & others, 2008, 37 CLC (HCD)
....as such, the impugned order is liable to be set aside and the plaint be rejected. 5. Mr. Sheikh Muhd. Serajul Islam, the learned Advocate appearing for the plaintiff-opposite party, on the other hand, submitted that the cause of action for a suit for partition is continuous, in other words, rec......s from the date of receipt of this judgment. There will be no order as to costs. Ed. This Case is also Reported in: 29 BLD (HCD) (2009) 271. ..Category: Property Law | Date: 26 May, 2008 | Hits: 3
Harmuj Sikder & others Vs. Ayub Ali Sikder & others, 2008, 37 CLC (HCD)
....such, the impugned order is liable to be set aside and the plaint be rejected. 5. Mr. Sheikh Muhd. Serajul Islam, the learned Advocate appearing for the plaintiff-opposite party, on the other hand, submitted that the cause of action for a suit for partition is continuous, in other words, re......preferably within 6(six) months from the date of receipt of this judgment. There will be no order as to costs. Ed. This Case is also Reported in: 28 BLD (HCD) (2008) 457. ..Category: Property Law | Date: 26 May, 2008 | Hits: 7
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