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Abdul Hai (Md.) Vs. Bangladesh and others, 2008, 37 CLC (HCD)

....d. Yousuf Ali, Advocates — for the petitioner. Salahuddin Ahmed, Attorney General — for the Respondents. Writ Petition No. 4081 of 2003 Judgment AFM Abdur Rahman J. - This Rule Nisi, dated 22-6-2003, issued at the instance of the writ petitioner Md. Abdul Hai, has called upon the re......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

United Edible Oils Ltd. Vs. London Steam Ship Owners' Mutual Insurance Association Ltd. and other(s), 2008, 37 CLC (HCD)

....lah's submission, for example, that the obligations under the two Letters of Guarantee must not be interpreted as being immediate upon issuance of the Letters but must rather be seen at the present date as yet to mature thereby negating any justification for the P&I clubs to be imp leaded in ......endants in general, and the defendant Nos. 1 and 2 in particular, submit their Written Statements positively by 4-1-2009. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 244. ..

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)

...., she is entitled to file the instant Writ Petition. On 3-10-2000, the Officer-in-Charge of Sonaimuri Police Station, District Noakhali arrested the detenu from his house in connection with GD No.104 dated 3-10-2000 of Begumgonj Police Station under section 54 of the Code of Criminal Procedure (CrPC......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)

....edure calling upon the opposite party to show cause as to why the impugned proceeding of GR Case No. 77 of 2006 corresponding to TR No. 765 of 2006 arising out of Munshiganj Police Station Case No. 3 dated 2-3-2006 under sections 406/420 of the Penal Code pending in the Court of Magistrate, 1st Clas...... referred to the first information report, charge sheet in order to show that the allegation made therein, even if admitted, does not constitute any criminal offence either of cheating or of criminal breach of trust. He submits that there is nothing on record to show that the accused petitioner made..

Category: Criminal Law | Date: 14 Aug, 2008 | Hits: 28

Bangladesh Jatiyo Mahila Ainjibi Samity (BJMAS) Vs. Ministry of Home Affairs and Others, 2008, 37 CLC (HCD)

....isi 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, to the custody of the Bangladesh Jatiyo Mahila Ainjibi Samity (the petitioner herei......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. ..

Category: Women and Children | Date: 14 Aug, 2008 | Hits: 201

Idrisur Rahman (Md) Vs. Bangladesh, 2008, 37 CLC (HCD)

....hereinafter referred to as the Ordinance should not be declared to be void being ultra vires of Articles 7, 22, 94, 111 and 112 of the Constitution. 2. The Hon'ble Chief Justice by his order dated 18-6-08 constituted this Bench for hearing and disposal of the Rule. On 30-6-2008 when the Rul......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)

....el Hossain J.- This is an application for bail on behalf of the accused-appellant-Mohammad Nasim. 2. The accused-appellant preferred the instant appeal against the impugned judgment and order dated 08.10.2007 passed by the learned Special Judge, Special Court No.1, Dhaka in Special Case No.......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

S.M. Mohiuddin Hossain Vs. Jalalabad Co-Operative Housing Society Limited and others, 2008, 37 CLC (HCD)

....Civil Revision No.2219 of 2003. Judgment Syed Abu Kowser Md. Dabirush-Shan J.- This Rule was issued calling upon the op­posite party No.1 to show cause as to why the judgment and decree dated 02.04.2003 and 08.04.2003 respectively passed by the learned Joint District Judge, 2 Court, Sa...... 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

Md. Karamot Ali Alias Rafique Alias Rafiqul Islam Vs. The State, 2008, 37 CLC (HCD)

....of Criminal Procedure was issued at the instance 6f convict petitioner Md. Karamot Ali alias Rafique alias Rafiqul Islam calling upon the opposite party to show cause as to why the judgment and order dated 22.10.2006 passed by the learned Judge of the Special Tribunal No.1, Kushtia in Special Tribun......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)

.... it is they who are liable and not the child. 13. The Legislature should consider amending the Children Act, 1974 or formulating new laws giving effect to the provisions of the UNCRC, as is the mandate of that Convention upon the signatories. 14. The use of children as ‘drug mules’ should ......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

Reckitt Benckiser (Bangladesh) Ltd. Vs. Oram Limited, Sale Centre, 2008, 37 CLC (HCD)

....twary- For the Opposite Party. Civil Revision No.4613 of 2007. Judgment Md. Abdul Wahhab Miah J.-This rule was issued calling upon the opposite party to show cause as to why order No.3 dated 16.8.2007 passed the District Judge, Dhaka in Arbitration Miscellaneous Case No.661 of 2007 sh...... 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. ..

Category: Alternative Dispute Resolution | Date: 13 Jul, 2008 | Hits: 18

Abdul Hannan Vs. State, 2008, 37 CLC (HCD)

....he State Respondent. Criminal Appeal No.1638 of 1995. Judgment Siddiqur Rahman Miah J. - This criminal appeal at the instance of Abdul Hannan is directed against the judgment and order dated 18-11-1986 passed by the learned Sessions Judge, Narayanganj in Sessions Case No. 4 of 1986 co......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

Ahmed Hossain (Md.) and others Vs. Nasima Khatun and another, 2008, 37 CLC (HCD)

.... SM Ziaul Karim J.- By this appeal under section 28 of the Nari-o-Shishu Nirjatan Daman Ain, 2000 (briefly as Am, 2000), the accused appellants have challenged the legality and propriety of the order dated 5-8-2007, passed by the learned Judges of Nari-o-Shishu Nirjatan Daman Tribunal, Thakurgaon, i....... Accordingly, the accused appellants are discharged from the charge. Office is directed to communicate the order at once. Ed. This Case is also Reported in: 13 BLC (HCD) (2008) 828. ..

Category: Women and Children | Date: 18 Jun, 2008 | Hits: 28

City Bank Ltd. Vs. Artha Rin Adalat No.1 Dhaka and others, 2008, 37 CLC (HCD)

....n Miah, Advocate - For the Respondent No.2. Writ Petition No.699 of 2005. Judgment Sheikh Abdul Awal J.- This Rule called in question the legality of the ex parte judgment and decree dated 3-10-2004 (preliminary dec­ree signed on 13-10-2004) as contained in "Annexure-D and D-1" to......te submits that the respondent No.2, plaintiff-bank is not legally entitled to take advantage of its own inaction for not mortgaging the subject landed property or in not taking action for alleged breach of unregistered tripartite agreement that is neither a mortgage nor creates any charge on th..

Category: Civil Law | Date: 17 Jun, 2008 | Hits: 7

Nadia Khalil Vs. Rudess Karim, 2008, 37 CLC (HCD)

....cation under Section 115 (1) of the Code of Civil Procedure, the plaintiff-respondent-petitioner Nadia Khalil obtained this rule on 05.05.2008 challenging the legality and pro­priety of the order dated 27.4.2008 passed by the learned District Judge, Dhaka in Family Appeal No.32 of 2008, rejecti...... 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)

....-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 and order ......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

AKM Nazimuddin Vs. Md. Delwar Hossain and others, 2008, 37 CLC (HCD)

....For Opposite-Party No.1. Civil Revision No.4817 of 2005. Judgment Shahidul Islam J.- By the Rule, the opposite party No.1 was called upon to show cause as to why the judgment and order dated 4-9-2005 passed in Miscellaneous Appeal No.72 of 2003 by the learned Additional District Judge......ned Senior Assistant Judge, Sadar Court, Noakhali, in hereby affirmed. Send down the lower Court's record immediately. Ed. This Case is also Reported in: 13 BLC (HCD) (2008) 868. ..

Category: Property Law | Date: 11 Jun, 2008 | Hits: 12

A.B.M. Khaliquzzaman and others Vs. United Commercial Bank Ltd. and others, 2008, 37 CLC (HCD)

....ment. 2. The facts of all these cases may be traced back to the time when on 4.9.2005 the Bank in compliance with a directive of the Securities and Exchange Commission ("SEC") issued a notice dated 13.9.2005 for holding the 20th 21st and 22nd AGMs on 3.10.2005 for the years 2003, 2004 and 2......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

Haji Nasirullah and another Vs. Government of Bangladesh and others, 2008, 37 CLC (HCD)

....hittagong highway where a whole sale market for vegetables has been functioning. Plot No.5003 is contiguous to plot No.4805. All of a sudden, the petitioner came to know about the service of a notice dated 12.7.2007 under the signature of respondent No.6 on behalf of respondent No.7 under section 3 ......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

Md. Emdad Hossain and another Vs. Bangladesh Biman Corporation and others, 2008, 37 CLC (HCD)

.... Corporation and others…………………………………… Respondents Judgment June 4, 2008. Result: The Rules are made absolute. Amendment of a plaint dates back to the filing of the suit. But the amendment of a substantive law by way of repeal or ad......ervice are declared to have been passed without lawful authority having no legal effect. There is no order as to costs. Ed. This Case is also Reported in: 28 BLD (HCD) (2008) 461. ..

Category: Procedural Law | Date: 4 Jun, 2008 | Hits: 7