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....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...... 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
....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
....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......t-I and II and identified the accused persons on the dock. In cross-examination he denied the defence suggestion that the accused petitioner was not arrested with the phensidyl from the place of occurrence and at the time as alleged by the prosecution. 13. P.W.2 Constable Md. Keramat Ali w..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 ...... and then. But there is nothing on record to indicate that they at all considered her bail. Actions of the Police It is stated in the F.I.R., lodged by a police officer at 14.15 on the date of occurrence (20.04.2008) that accused Arifa was 10 years old. Thus S.I. Ashim Kumar Das, who arrested..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...... his above named employees were catching fish in the pond of Kamaruddin after erecting a 'Dara' (temporary shed) on the bank of the pond. It is further stated that about 15/20 days before the occurrence, the deceased along with his son Ansar Ali, came to the pond of Kamaruddin with the inten..Category: Evidence Law | Date: 29 Jun, 2008 | Hits: 175
Shafiqul Islam (Md.) and others Vs. State, 2008, 37 CLC (HCD)
....lling upon the opposite party to show cause as to why the accused petitioners should not be enlarged on bail in Session Case No.76 of 2007 arising out of Thakurgaon Police Station Case No.14 dated 14-2-2007 corresponding to GR Case No.440 of 2007 under sections 395, 397 of the Penal Code, ...... report named accused and nothing was recovered from them. He adds that only allegation against them is, that they were identified by the informant in TI Parade. To that effect he submits that the occurrence took place on 13-2-2007 and the petitioner Nos. 2 and 3 were arrested by the Police on 2..Category: Criminal Law | Date: 19 Jun, 2008 | Hits: 2
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......ts filed an application under section 265C of the Code of Criminal Procedure for discharging them from the charge stating, inter alia, that earlier over the selfsame date, time, place and manner of occurrence, on 22-11-2006 the complainant filed a petition of complaint being MP Case No.495 of 2006..Category: Women and Children | Date: 18 Jun, 2008 | Hits: 28
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
Golam Md. Shiblee Vs. Second Labor Court, 2008, 37 CLC (HCD)
....iminal Appeal No. 4348 of 2003. Judgment SM Emdadul Hoque J. - In the instant writ petition the Rule was issued calling upon the respondent Nos. 1 and 2 to show cause as to why the decision dated 28-5-2003 passed by respondent No. 1 in Complaint Case No. 14 of 2002 shall not be declared to......t by this Court under writ jurisdiction. He further submits that the charge brought against the petitioner was not proved, even admittedly, there was no participation of the petitioner in the alleged occurrence, and the offence, if any, was done by his brother whereas the domestic inquiry proposed t..Category: Labour and Industrial Law | Date: 17 Jun, 2008 | Hits: 30
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 ......f by this judgment. 3. This prosecution case, in short, is that deceased Sumi, daughter of informant Amena @ Kala Buri was given in marriage to accused Ershad of same village five years before the occurrence. On their wedlock Sumi gave birth of a daughter named Tanjera. Accused Ershad with his wi..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
Mannan alias Mannan Khan (Md.) Vs. State, 2008, 37 CLC (HCD)
....l No.3627 of 2007. Judgment SM Ziaul Karim J.- By this Appeal, the convict appellant has challenged the legality and propriety of the judgment and order of conviction and sentence dated 26-7-2007 passed by the learned Additional Sessions Judge, First Court and Special Tribunal No......nd 14 barrels of kerosene from the shop of Md. Abdul Mannan, owner of "Khan Brothers" under Nagarkanda Police Station in presence of witnesses. During investigation, he visited the place of occurrence, prepared sketch map with index. He proved the same as Exhibits 4 and 5 and his signature..Category: Criminal Law | Date: 4 Jun, 2008 | Hits: 2
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