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Motahera Begum and others Vs. Abdul Monaf and others, 2008, 37 CLC (HCD)
....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. ......not arrived at by the lower appellate court is final unless it is manifestly perverse. Next he submits that the lower appellate court was absolutely right and justified in arriving at its finding and decision in reversing the judgment and decree passed by the trial court because there is no misreadi..Category: Property Law | Date: 30 Jul, 2008 | Hits: 2
Md. Karamot Ali Alias Rafique Alias Rafiqul Islam Vs. The State, 2008, 37 CLC (HCD)
....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. ......cess of the court. Therefore, he submits that to secure the ends of justice the conviction and sentence is liable to be quashed. In support of the contention learned advocate has referred to the decision in the case of Md. Jahangir Alam alias Zakir Vs. The State, reported in 10 MLR (AD) 335. In..Category: Criminal Law | Date: 30 Jul, 2008 | Hits: 5
State Vs. Metropolitan Police Commissioner, Khulna and others, 2008, 37 CLC (HCD)
.... In Article 3(1) it is stated as follows: “In all actions concerning children, whether undertaken by public or private social welfare institutions, courts of law, administrative authorities or legislative bodies, the best interests of the child shall be a primary consideration” [emphasis ad......aling with the accused in the instant case. It is for the Court dealing with any particular case to consider all the relevant legal provisions and all the prevailing circumstances before reaching any decision on the issues raised in the case. 15. However, there still remains the question of the c..Category: Women and Children | Date: 22 Jul, 2008 | Hits: 147
Reckitt Benckiser (Bangladesh) Ltd. Vs. Oram Limited, Sale Centre, 2008, 37 CLC (HCD)
.... 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. ......uddin Mahmud, a senior Advocate. The arbitrators gave the award on 12.10.2006. 3. Of the 3(three) arbitrators Mr. Justice K.M. Hasan gave a dissenting award and thus because of the majority decision the award went in favour of the opposite party. Thereafter, the present petitioner fil..Category: Alternative Dispute Resolution | Date: 13 Jul, 2008 | Hits: 18
Abdul Hannan Vs. State, 2008, 37 CLC (HCD)
....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. ...... and sentence is bad in law as well as on facts and circumstances of the case and, as such, the impugned judgment and order of conviction and sentence is liable to be set aside. 11. He cited the decisions in the case of State Vs. Mozam reported in 9 BLC 163; in the case of Mobarak Ali Gazi Vs. ..Category: Evidence Law | Date: 29 Jun, 2008 | Hits: 175
Khairul Amin and others Vs. Md. Saidul Hoque & another, 2008, 37 CLC (HCD)
.... Code of Civil Procedure is not called for. Accordingly, this Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 252. ......e provisional Court below has also compensated the defendant by granting a cost of Taka 3,000 for the delay in the disposal of the suit. 1 therefore, find no illegality or infirmity in the impugned decision of the provisional Court resulting in erroneous decision occasioning failure of justice a..Category: Evidence Law | Date: 19 Jun, 2008 | Hits: 8
Ahmed Hossain (Md.) and others Vs. Nasima Khatun and another, 2008, 37 CLC (HCD)
....LR (AD) 137. 21. In the case of Kamruzzaman Vs. State reported in 1990 BLD (AD) 190 where-in it has been held: "While interpreting the provisions of a General Statute and a Special Statute, legislative intent to bring about harmonious construction should be effected in order to remove an......unal is to be filed under the provision of the said section and the general provision of the Code of Criminal Procedure shall have no application in that respect." 23. In view of the aforesaid decisions, as Nari-o-Shishu Nirjatan Daman Ain, 2000 is a Special law. So, in view of the Provisions..Category: Women and Children | Date: 18 Jun, 2008 | Hits: 28
Nadia Khalil Vs. Rudess Karim, 2008, 37 CLC (HCD)
.... 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. ......ty, who then may be defamed in the society, which may perhaps out caste her from our religious conservative society. A court must not rely upon any untested allegation, in order to make a decisive decision, specially when the same has the effect of depicting a woman with unchastety coupled with ..Category: Family Law | Date: 17 Jun, 2008 | Hits: 19
Golam Md. Shiblee Vs. Second Labor Court, 2008, 37 CLC (HCD)
....terfere with the findings of the Labors Court. In the result, the Rule is discharged however, without any order as to cost. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 49. ...... Criminal 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 de..Category: Labour and Industrial Law | Date: 17 Jun, 2008 | Hits: 30
AKM Nazimuddin Vs. Md. Delwar Hossain and others, 2008, 37 CLC (HCD)
....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. ...... before the appellate Court allowing him to make deposit of the balance consideration money was liable to be allowed and the appellate Court has committed an error of law resulting in an error in the decision occasioning a failure of justice in rejecting the prayer for amendment. (ii) the pre-e..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)
...., the Indian Companies Act, 1956 has been duly amended through the vehicle of the Depositories Related Laws (Amendment) Act, 1997 upon the introduction of the Depositories Act, 1996. No similar legislative initiative has been taken in Bangladesh since the introduction of the 1999 Act, there......g notices to be issued afresh, it is submitted that a new Record Date must correspondingly be resolved upon afresh and the SEC Notification of 26.11.2001 shall have to be read in light of a fresh decision so taken. It is further submitted that any bar operating under Condition 2 of the said ..Category: Company Law | Date: 11 Jun, 2008 | Hits: 43
Haji Nasirullah and another Vs. Government of Bangladesh and others, 2008, 37 CLC (HCD)
....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. ......Commissioner (Land) took step for recovery of the khas land measuring 6.30 acres of R.S. plot No.2357. Respondent No.9 issued a letter to the Deputy Commissioner by memo dated 25.5.1998 informing the decision of the National Economic Committee regarding (1) the use of Government khas land in impleme..Category: Property Law | Date: 8 Jun, 2008 | Hits: 11
Tasmima Hossain Vs. Anti-Corruption Commission and others, 2008, 37 CLC (HCD)
.... 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. ......rom interfering with the orders of lower court since the accused were found to be fugitive from justice as they were not in custody after conviction and sentence. There cannot be two opinions on such decision but such authority would be of no help for the Commission in the case before us. 31. F..Category: Anti-Corruption Laws, Criminal Law | Date: 8 Jun, 2008 | Hits: 7
Mst. Phulbanu @ Phul Vs. State, 2008, 37 CLC (HCD)
....w Judicial Magistrate, Bogra, will proceed in accordance with law. Office is directed to communicate the order at once. Ed. This Case is also Reported in: 28 BLD (HCD) (2008) 350. ......tions contain the ingredients under the Penal Code, the complainant's case before the Magistrate cannot be stifled by quashing." 13. We are in respectful agreement with the aforesaid decision. 14. We have gone through the decision reported in 44 DLR (AD) 260 as referred by the..Category: Procedural Law | Date: 5 Jun, 2008 | Hits: 4
Mannan alias Mannan Khan (Md.) Vs. State, 2008, 37 CLC (HCD)
....f the 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: 13 BLC (HCD) (2008) 863. ......er financial or otherwise. Secondly, the learned Judge of the Tribunal failed to weigh and sift the evidence on record as required by law and evidently fell in an error in coming to his ultimate decision occasioning failure of justice. 10. Mr. Osman Gani, the learned Assistant Attorney-Gen..Category: Criminal Law | Date: 4 Jun, 2008 | Hits: 2
Md. Emdad Hossain and another Vs. Bangladesh Biman Corporation and others, 2008, 37 CLC (HCD)
....mplication inferred. In this connection, reliance may be had on the case of Bhagat Ram Sharma Vs. Union of India and Others, AIR 1988 SC 740 wherein it is held as under: "It is a matter of legislative practice to provide while enacting an amending law that an existing provision shall be ......ent of substantive law by way of repeal or addition is not retrospective unless expressly laid down or by necessary implication inferred. 17. The learned Advocate for the petitioner cites the decision in the case of Capt. Mir Mazharul Huq Vs. Bangladesh Biman Corporation and Others (2008) 1..Category: Procedural Law | Date: 4 Jun, 2008 | Hits: 7
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. ......d and the decree passed in the earlier Suit was executed and the relevant papers also having been filed by a first which the plaintiff did not deny no further evidence was necessary to come lo the decision that the suit was barred under the principle of res judicata, so the court below committed ..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. ......by the defendants in their application filed under Order 7, rule 11 of the Code, so the learned Subordinate Judge ought to have rejected the said application without keeping the same pending for decision at the peremptory hearing of the suit. 11. In the result the Rule is discharged. The a..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. ......ed by the defendants in their application filed under Order 7, rule 11 of the Code, so the learned Subordinate Judge ought to have rejected the said application without keeping the same pending for decision at the peremptory hearing of the suit. 11. In the result the rule is discharged. The..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. ......; Tolaram Mulchand Vs. Shop Inspector, Nagar Palika. AIR 1959 MP-382; Md. Sharifuddin Vs. RP Singh, AIR 1961 (SC) 1312; Md. Yeasin Vs. State, Criminal Miscellaneous Case No. 15742 of 2004 (unreported decision). Lawyers Involved: Bhishmadev Chakraborty, Advocate — For the Petitioner. ..Category: Banking Law | Date: 22 May, 2008 | Hits: 227
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