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Taj Nahar Begum Vs. Government of Bangladesh and others, 2008, 37 CLC (HCD)

....ode of Cri­minal Procedure for a period above 5 years for initiating an extradition process against him. Learned Deputy Attorney-General could not disown the fact of the unconscionable laches on the part of Government in the matter. This is certainly against the principle of human liberty. None sho......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)

.... Criminal Appeal No. 18611 of 2006. Judgment Sheikh Abdul Awal J. - This Rule was issued on an application under section 561A of the Code of Criminal Procedure calling upon the opposite party to show cause as to why the impugned proceeding of GR Case No. 77 of 2006 corresponding to TR ......nt of money to the informant. On these allegations, Munshiganj Police Station Case No. 3 dated 2-3- 2006 under sections 406/420 of the Penal Code was started. 3. Police after completion of usual investigation submitted charge sheet against the accused petitioner under sections 406/420 of the Pe..

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)

....(20)  Application of International Conventions in Bangladesh The courts of Bangladesh will not enforce those Covenants as treaties and conventions, even if ratified by the State, are not part of the corpus juris of the State unless these are incorporated in the municipal legislation. Ho......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

AKM Kamruzzaman Khan Vs. Registrar, Joint Stock Companies and Firms Dhaka and 6 others, 2008, 37 CLC (HCD)

....are holders of the company are submitting conflicting returns regarding the existing share holders and Directors of the Company, the respondent No.1 will not accept any of the returns filed by the parties and asked the writ petitioner and the respondent No.2 to resolve the matter in between them......n the application of the Registrar and upon notice to the company, make an order on the company for production of such document as in its opinion may reasonably be required by the Registrar for his investigation and allow the Registrar for inspection thereof on such terms and conditions as it thi..

Category: Company Law | Date: 12 Aug, 2008 | Hits: 18

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

....;………………………………….Respondents Judgment August 7, 2008. Result: The Rule is made absolute in part. Cases Referred to- Secretary, Ministry of Finance vs. Masdar Hossain 52 DLR (AD) 82;......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)

....27th July,2008 stating that according to the doctors, Nasim has been kept under 72 hours constant observation and his condition is critical in the I.C.U. and he is fighting for life; that the left part of his body has been fully paralysed; that a Six-Member Medical Board constituted in the Lab A...... approached to the Jail Authority to know about the condition of his health and treatment yet they remain silent to give any information. Mr. Islam also submits that after thorough examination and investigations the Medical Board diagnosed that the appellant has been suffering from: (1) Acute in..

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)

....r. H.S. Deb Brahman-For the Opposite Party No.1. 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 respectiv...... 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. Mafizur Rahman Tutu and others Vs. State, 2008, 37 CLC (HCD)

.... Pada Sana Vs. The State, 1985 BLD (AD) 278. Lawyers Involved: Md. Fakhar Uddin, Advocate - For the accused-petitioners.  Helaluddin, Assistant Attorney General - For the opposite party.  Criminal Miscellaneous Case No.7645 of 2002. Judgment Syed Md. Ziaul Kar...... to investigate the offences under the Act in view of the provisions laid down in Chapter XIV of Part-V of the Code of Criminal Procedure. Sections 42 ক ক and 44 of the Act provides the manner of investigation of the offences punishable under this Act by the Police. On careful scrutiny of the pr..

Category: Criminal Law | Date: 31 Jul, 2008 | Hits: 92

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

....n an ap­plication under section 561A of the Code 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...... bottlefuls of Indian phensidyl from the said sack. Thereafter the informant prepared seizure list, apprehended the accused persons and lodged the Firs information Report. 3. After completion of investigation po­lice submitted charge sheet in the case against the petitioner and another unde..

Category: Criminal Law | Date: 30 Jul, 2008 | Hits: 5

State Vs. Metropolitan Police Commissioner, Khulna and others, 2008, 37 CLC (HCD)

....s..............Respondents Judgment July 22, 2008. Result: The Rule is disposed of with observations. 1. It is the duty of this Court and all other Courts as well as the other state departments, functionaries and agencies dealing with children, to keep in mind that the best interests......a was a 10 year old child and accordingly she must be dealt with under the provisions of the Act, 1974. Having said that, he prayed that the accused be kept in jail custody till the conclusion of the investigation and he strongly opposed her release on bail. So much for the knowledge of the Children..

Category: Women and Children | Date: 22 Jul, 2008 | Hits: 147

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

....mirul Islam with, Tania Amir and Anwar Patwary- 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 Arbitra...... 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)

.... ground of conviction. It may be used only as a corroborative piece of evidence. The rule of prudence does not require that each and every circumstances mentioned in the confession with regard to the participation of the accused person in the crime must be separately and independently corroborated, ......nnan brought them to the pond of Munshi of Laskardi and brought out the headless body of his father from one pond and the head from another pond. Hence this case. 3. SI Abul Hossain took up the investigation and therefore visited the place of occurrence, prepared sketch map with separate index..

Category: Evidence Law | Date: 29 Jun, 2008 | Hits: 175

Shafiqul Islam (Md.) and others Vs. State, 2008, 37 CLC (HCD)

....ul Islam (Md.) and others.................Accused-Petitioners Vs. State………….......Opposite Party Judgment June 19, 2008. Result: The Rule is made absolute in part. Case Referred to- Angur Vs. State, 1989 BLD 485 = 41 DLR 66. Lawyers Involve......from Thakurgaon by motor­cycle and reached at Daspara, then some unknown dacoits attacked him and took away his motorcycle along with other belongings worth Taka 1,04,500. 3. The Police after investigation, on 15-11-2007 submitted charge sheet accusing eight accused including the petitione..

Category: Criminal Law | Date: 19 Jun, 2008 | Hits: 2

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

....he Consti­tution against the judgment and decree passed by the Artha Rin Adalat An application under Article 102 of the Consti­tution does not lie against the judgment and decree whether ex parte or on contest passed by the Artha Rin Adalat since there being specific provision in the stat......ion as raised by Mr. MR Hasan with regard to the facts of the Artho Rin suit and ex parte decree may have some substances but such facts are disputed and highly controver­sial in nature requiring investigation for proof, it does not fall appropriately within the writ jurisdiction of this Court...

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

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

....t" should be avail­able prima facie, before the court. Undoubt­edly this frustrating element is a condition precedent for invoking the provision of Sec­tion 16A of the Ordinance i.e. unless the party seeking to invoke the provision satisfies the family Court, by affidavit or otherwise prima f...... 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

Golam Md. Shiblee Vs. Second Labor Court, 2008, 37 CLC (HCD)

....that he was a permanent worker in the Consolidated Tea and Lands Co. (Bangladesh) Ltd (Finals Swine Group) and he has rendered his service for 15 years with sincerity acclaiming confidence of the 2nd party and his basic pay is Taka 840. The petitioner Company framed charge against the respondent No.......abindra Robi Das attacked him and assaulted said Chowkidar Gongaram on 19-6-2002. Accordingly, the respondent No. 2 filed his written reply to the concerned authority on 25-6-2002. During the time of investigation the petitioner denied the allegation brought against him and prayed for mercy for the ..

Category: Labour and Industrial Law | Date: 17 Jun, 2008 | Hits: 30

State Vs. Ershad Sheikh, 2008, 37 CLC (HCD)

.... sift the evidence on record. 10. P.W.1 Dr. Sohel Mahmud is the doctor, who held post mortem examination of the dead body of the deceased. He stated that on 22-4-2004 as the Lecturer of Forensic Department of Faridpur Medical College Hospital he held mortem examination of the dead body of decease......rangulation. Next day on 22-4-2004 the accused was arrested. On 23-4-2004 he made a confessional statement recorded by the Magistrate under section 164 of the Code of Criminal Procedure. Police after investigation of the case submitted charge sheet under section 11(ka) of the Ain against the accused..

Category: Women and Children | Date: 17 Jun, 2008 | Hits: 157

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

....the Petitioner. Mahbubey Alam with Abul Kalam Chowdhury, Advocates - 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 M......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)

....fixing the Re­cord Date was taken in conjunction to a deci­sion fixing the date of the earlier scheduled but abortive meetings under Condition 1 of the said Notification to be held in 2005 being particularly conscious of the entitlement to dividends at the time. The BOD cannot, there­fore, de......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)

.... No.2357, an area measuring 6.30 acres is the khas land of the Government. On 3.4.2008, the officials of DCC went to the location and demarcated the area by hoisting red flags at four points covering partial Kacha Bazar and partial Iron and Steel Market. Only 5.0102 acres of land have been proposed ......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