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Md. Mannan Alias Mannan Khan Vs. State, 2008, 37 CLC (HCD)
....e petitioner. Send down the records, of this case at once with a copy of judgment for information and necessary action. Ed. This Case is also Reported in: 28 BLD (HCD) (2008) 664. ......e petitioner. Send down the records, of this case at once with a copy of judgment for information and necessary action. Ed. This Case is also Reported in: 28 BLD (HCD) (2008) 664. ..Category: Criminal Law | Date: 4 Jun, 2008 | Hits: 3
Abul Kashem-al-Asad Vs. Abdul Muhib and others, 2008, 37 CLC (HCD)
....rt of Joint District Judge Second Court, Sylhet is rejected. No order as to costs. Communicate the order at once. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 502. ......e higher court against the rejection of their prayer for allotting them the saham of late Abdus Sobhan we cannot but accept the submission of Mr. JN Dev that the instant suit being barred under the provisions of section 11 of the Code, the plaint is liable to be rejected. 8. The learned Sub..Category: Procedural Law | Date: 28 May, 2008 | Hits: 5
Hormuz Sikder & others Vs. Ayub Ali Sikder & others, 2008, 37 CLC (HCD)
....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. ......he filed a miscellaneous case being No.92 of 1990 for setting aside the order of dismissal passed in the said title suit which was also dismissed for default. Therefore, the suit was barred under the provisions of rule 9 of Order 9 of the Code. In the application it was also contended that as the su..Category: Property Law | Date: 26 May, 2008 | Hits: 3
Harmuj Sikder & others Vs. Ayub Ali Sikder & others, 2008, 37 CLC (HCD)
....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. ......filed a miscellaneous case being No.92 of 1990 for setting aside the order of dismissal passed in the said title suit which was also dismissed for default. Therefore, the suit was barred under the provisions of rule 9 of Order 9 of the Code. In the application it was also contended that as the s..Category: Property Law | Date: 26 May, 2008 | Hits: 7
Abul Kalam Azad (Md.) Vs. State and another, 2008, 37 CLC (HCD)
.... 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. ...... the credit of that account is insufficient to honour the cheque or that it exceeds the amount arranged to bank, such person shall be deemed to have committed and shall without prejudice to any other provisions of this Act, be punished with imprisonment for a term which may extend to one year or wit..Category: Banking Law | Date: 22 May, 2008 | Hits: 227
....a copy of this order be sent to the Election Commission at once for guidance and necessary action
Md. Ashfaqul Islam J.- I agree
Ed.
This Case is also Reported in: 60 DLR (HCD) (2008) 407.
...... the vital fact of their nationality. Any instruction for not enrolling Non-Bangladeshi persons in the voter list is lawful.
14. It is further stated that voter list is prepared in accordance with provisions laid down in the Electoral Roll Ordinance, 2007. Anybody whose name does not appear in th..
Category: Election Law | Date: 18 May, 2008 | Hits: 122
Zakir Hossain and another Vs. Md. Yousuf Kabir and others, 2008, 37 CLC (HCD)
....s confirmed. There will be no order as to costs. Send down the lower court's record immediately. Ed. This Case is also Reported in: 29 BLD (HCD) (2009) 347. ......erial statements made in the plaint and contending, inter alia, that the plaintiffs had no cause of action to file the suit. The suit was not maintainable in its present form and was barred under the provisions of section 42 of the Specific Relief Act as well as section 11 of the Code of Civil Proce..Category: Property Law | Date: 13 May, 2008 | Hits: 5
Jewel Cotton Spinning and Weaving Mills Ltd. Vs. Bangladesh & others, 2008, 37 CLC (HCD)
....at failed to dispose of the suit within the stipulated period and it continued more than 90 days. He further submits that the time as stipulated in section 17(1)(2) of the Artha Rin Adalat Ain is a mandatory one and, as such, the suit has already been abated and, as such, the impugned order and th......osed of within the time limit. Artha Rin Adalat is a civil Court having limited jurisdiction. Instant suit was filed in 1989 and it has crossed Artha Rin Adalat Ain, 1990 and now continuing under the provisions of Artha Rin Adalat Ain, 2003 and by the law it is the intention of the legislature to di..Category: Civil Law | Date: 24 Apr, 2008 | Hits: 62
Chairman, Bangladesh Water Development Board Vs. Md. Abdur Rahman, 2008, 37 CLC (HCD)
....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. ......7); section 42 Exclusion of jurisdiction of a Civil Court should not be readily inferred. Even if jurisdiction is so excluded, the Civil Courts have jurisdiction to examine cases whether the provisions of any Act have not been complied with when there is allegation of violation of the rules..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)
....ed. Communicate the order at once to the Court of learned Senior Assistant Judge, Sylhet for his information and necessary action. Ed. This Case is also Reported in: 14 MLR (HCD) (2009) 476. ...... with the paper annexed therewith and also examined the contents of the plaint as evidenced by Annexure "A" to the application. It appears that the defendant-petitioners sought for transfer under the provisions of section 24 of the Code on two counts. Firstly, defendant-petitioner Nos. 1-4 as high r..Category: Procedural Law | Date: 12 Apr, 2008 | Hits: 40
Bangladesh Institute of Planners Vs. Government of Bangladesh and others, 2008, 37 CLC (HCD)
....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. ...... 11. Further case is that the post/office of Senior Planner is a Public Office according to Article 102(2)(b)(ii) of the Constitution and, as such, the respondents are to show cause under what provisions of law and under what authority they are holding the office of the Senior Planner. Though..Category: Civil Law | Date: 6 Apr, 2008 | Hits: 49
Khandaker Mahmud Hasan Vs. Amirul Islam, 2008, 37 CLC (HCD)
....hop premises within 4(four) months from date. Let a copy of the judgment along with LC record be send down at once. Ed. This Case is also Reported in: 28 BLD (HCD) (2008) 202. ......amily members and (b) bona fide requirement for rebuilding, the plaintiff-appellant has adequately stated his case in the plaint and has proved the same. The two Courts below failed to apply the provisions of proviso (e) to sub-section (1) of section 18 of the Ordinance, to the facts and circum..Category: Tenancy Law | Date: 27 Mar, 2008 | Hits: 13
Jaibar Ali Fakir Vs. State, 2008, 37 CLC (HCD)
....o the voluntaries of any confession recorded. Send down the lower Court records with a copy of this judgment, immediately. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 208. ...... the time when his confession was recorded under section 164 of the CrPC. 13. In view of the fact that the learned trial Judge opined that the accused was not a minor, it cannot be said that the provisions of section 66 of the Children Act were contravened. However, when the accused was claimin..Category: Women and Children | Date: 6 Mar, 2008 | Hits: 113
Jaibar Ali Fakir Vs. The State, 2008, 37 CLC (HCD)
....corded. Send down the lower Court records with a copy of this judgment, immediately. AFM Abdur Rahman J.-I agree. This Case is also Reported in: 16 MLR (HCD)(2013) 167. ......the time when his confession was recorded under section 164 of the Cr.P.C. 12. In view of the fact that the learned trial Judge opined that the accused was not a minor, it cannot be said that the provisions of section 66 of the Children Act were contravened. However, when the accused was claimin..Category: Women and Children | Date: 6 Mar, 2008 | Hits: 174
Farid Miah (Md.) Vs. State, 2008, 37 CLC (HCD)
....t Md. Farid Miah be set at liberty forthwith if not wanted in connection with any other case. Send down the LCR at once. Ed. This Case is also Reported in: 13 BLC (HCD) (2008) 903. ...... the points in issue. But it is left either for the prosecution or for the defence to establish its respective case by adducing the best available evidence and the Court is not empowered under the provisions of the Criminal Procedure Code to compel either the prosecution or the defence to examin..Category: Criminal Law | Date: 14 Feb, 2008 | Hits: 5
Sunirmal Chaudhuri Vs. Registrar of Joint Stock Companies & Firms, 2008, 37 CLC (HCD)
.... register the amendment copy of the Memorandum of Association of the Company within 90 (Ninety) days of the drawing up of this Order. Ed. This Case is also Reported in: 14 MLR (HCD) (2009) 432. ......ker has placed all relevant annexures in general and in particular the Objects Clause-III of the MOA and the minutes of the EGM held on 9.8.2007 (Annexure-'B') thus: "Resolved that pursuant to the provisions of Section 12 of the Companies Act, 1994, subject to the approval of the Registrar of Joi..Category: Company Law | Date: 12 Feb, 2008 | Hits: 123
Sefina Ferdousi @ Shimla and another Vs. Jaohar Kabir and others, 2008, 37 CLC (HCD)
....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. ......ther, even when a mother is given the custody. Section 17 of the Guardian of Wards Act provides as follows: "(i) In appointing or declaring the guardian of a minor, the Court shall, subject to the provisions of this section, be guided by what, consistently with the law to which the minor is subje..Category: Women and Children | Date: 3 Feb, 2008 | Hits: 142
Ilias (Md.) Vs. Md. Zahed Chowdhury (Paban), 2008, 37 CLC (HCD)
....lt for disposal of the suit. Hence this revision application. 8. Mr. MI Farooqui, the learned Advocate appearing for the petitioners, submitted that Order VII, rule 14(1) of the Code has made it mandatory on the part of the plaintiffs to produce the documents in Court at the time of presentatio......d the Court having allowed the said prayer gave direction upon the plaintiffs to file the documents which they failed to comply with, the suit was liable to be dismissed for non prosecution under the provisions of Order XI, rule 21 of the Code, but the Court below sat over the application filed by t..Category: Procedural Law | Date: 28 Jan, 2008 | Hits: 210
Sultana Hashem Vs. Government of Bangladesh and others, 2008, 37 CLC (HCD)
....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. ......to court in custody in connection with such allegation as mentioned in the General Diary No.909 cannot be detained for indefinite period." 29. Considering the facts and circumstances, provisions of law and the decisions as referred above, we are of the view the order of detention of..Category: Criminal Law | Date: 21 Jan, 2008 | Hits: 10
Humayun Hossain Khan Vs. Government of the People's Republic of Bangladesh, 2008, 37 CLC (HCD)
....ted. Artha Rin Adalat No.3, Dhaka is directed to dispose of the suit expeditiously. Communicate the Judgment at once. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 513. ...... (Annexure-G) passed by the learned Judge of the Artha Rin Adalat No.3, Dhaka in Artha Rin Suit No.32 of 2004 rejecting the prayer of the petitioner for disposal of the aforesaid suit by applying the provisions of section 47 of the Artha Rin Adalat Ain, 2003. 2. The averments made by the petiti..Category: Banking Law, Civil Law | Date: 8 Jan, 2008 | Hits: 9
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