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

....was discharging his duty with full satisfaction of the authority of the Bangladesh Rifles. The petitioner, being a very religious person while posted with 30 Rifle Battalion. Bangladesh Rifles, Dhaka participated in BDR 'Qirat' and 'Azan' competition and obtained championship in the year 1989, 1992 ......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. ......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

Professor Dr. A.F.M. Ruhul Hoque and others Vs. Bangladesh and others, 2008, 37 CLC (HCD)

....°ā§āϕ⧇ āϤāĻžāĻšāĻžāĻĻ⧇āϰ āĻĒā§āϰāϤāĻŋāĻŦ⧇āĻĻāύ āĻĻāĻžāĻ–āĻŋāϞ āĻ•āϰāĻŋāĻŦ⧇āύāĨ¤ āĻŦāĻŋāϚāĻžāϰāĻĒāϤāĻŋ āĻŽā§‹āσ āφāĻŦ⧁ āϤāĻžāϰāĻŋāĻ•.- āφāĻŽāĻŋ āĻāĻ•āĻŽāϤāĨ¤ ......°ā§āϕ⧇ āϤāĻžāĻšāĻžāĻĻ⧇āϰ āĻĒā§āϰāϤāĻŋāĻŦ⧇āĻĻāύ āĻĻāĻžāĻ–āĻŋāϞ āĻ•āϰāĻŋāĻŦ⧇āύāĨ¤ āĻŦāĻŋāϚāĻžāϰāĻĒāϤāĻŋ āĻŽā§‹āσ āφāĻŦ⧁ āϤāĻžāϰāĻŋāĻ•.- āφāĻŽāĻŋ āĻāĻ•āĻŽāϤāĨ¤ ......°ā§āϕ⧇ āϤāĻžāĻšāĻžāĻĻ⧇āϰ āĻĒā§āϰāϤāĻŋāĻŦ⧇āĻĻāύ āĻĻāĻžāĻ–āĻŋāϞ āĻ•āϰāĻŋāĻŦ⧇āύāĨ¤ āĻŦāĻŋāϚāĻžāϰāĻĒāϤāĻŋ āĻŽā§‹āσ āφāĻŦ⧁ āϤāĻžāϰāĻŋāĻ•.- āφāĻŽāĻŋ āĻāĻ•āĻŽāϤāĨ¤ ..

Category: Constitutional Law | Date: 18 Nov, 2008 | Hits: 167

Akramuzzaman (Md.) alias Babu Vs. Artha Rin Adalat No. 1 Rajbari and others, 2008, 37 CLC (HCD)

....ion for imp leading the petitioner as defendant No. 4 which was allowed on 20-6-2004. 4. Eventually, the learned Judge of the Adalat by the judgment and decree dated 9-9-2004 decreed the suit ex parte. 5. The bank, then put the decree in execution in Execution Case No. 13 of 2005 against t......cate the order at once with a copy of judgment for information and necessary action to all respondents. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 638; 15 MLR (HCD) (2010) 1. ...... Adalat No. 1, Rajbari (briefly as Adalat), impleading (1) Messrs Mithila Traders, represented by its proprietor Anjira Akhter, (2) Halima Begum and (3) Md. Abu Bakar as defendants for realisation of loan of Taka 4,17,507 along with interest thereon @ 12.50% per annum till realisation of decretal du..

Category: Civil Law | Date: 5 Nov, 2008 | Hits: 168

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

....as act as insurers and indemnifiers and the defendant No. 2 in each case acts as the commercial correspondent of each of the P&I clubs there is no reason why these defendants should be added as parties to the Suits given that they are not at all connected with the alleged causes of action and......s liable. Rather, the nature of such indemnity insurance is that the insured member must first satisfy the third party claim as a necessary precondition to seeking reimbursement in respect of such payment from the club. That Mr. Hafizullah submits is how the "pay to be paid" mechanism as reflect......estment and Commerce Bank Ltd Vs. Chittagong Steel Mills Limited reported in 55 DLR 417 that collectively establish that— (a) without even suing the principal debtor for repayment of the loan the creditor may seek to proceed against the guarantor; and (b) the guarantor's liability to r..

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)

....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. ......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 ...... benefit of business to the informant but the accused-petitioner Ayub Ali did not pay the said amount. Later on, accused Ayub Ali and his younger brother Bokul totally denied their obligation to make payment of the said amount of money to the informant. On these allegations, Munshiganj Police Statio......d Petitioner Vs. State â€Ļâ€Ļâ€Ļâ€Ļâ€Ļâ€Ļ.......................Opposite Party Judgment August 14, 2008. Result: The Rule is made absolute. At the time of taking loan no promise as to return of money within a specified time was made and no allegation of induceme..

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. ......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......ioner out of which they received Taka 42,00,000 from the writ petitioner in three installments. On 10-6-2005 the respondent Nos. 3, 4 and 5 served a legal notice upon the writ petitioner demanding payment of Taka 78,00,000 within 30-6-2005 against the due consideration money of the sale of the s......to him under the provision of section 193 of the Companies Act, 1994. However, there shall be no order as to cost. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 226. ..

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. ......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......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. ......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)

....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. ...... the suit plot from the time of his predecessor Jafar Ahmed for public use. The defendants have no right title and interest and also possession in any man­ner in the suit land. The plaintiff took loan from Agrani Bank, Agrabad Hotel Branch by mortgaging the "Ka" Schedule land. The de&s..

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......ance with law. Office is directed to communicate the order at once. Md. Abdul Quddus J.-I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 78, 29 BLD (HCD) (2009) 30. ......ance with law. Office is directed to communicate the order at once. Md. Abdul Quddus J.-I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 78, 29 BLD (HCD) (2009) 30. ..

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......Special Powers Act for recov­ery of 100 bottlefuls of phensidyl from him but while punishing him he sentenced him to suffer imprisonment for 7 years and to pay a fine of Taka 5000/- in default of payment of fine to suffer imprisonment for 6 months more. It is an established principle of law that......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)

....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......safe homes/prisons to be placed in an atmosphere where the child may be guided in more congenial surroundings within a family unit, either with relatives or unrelated foster families, if necessary on payment of costs for the child’s maintenance......................................(26) Cases R......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)

....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. ...... 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, ......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. ......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

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

....ul Islam (Md.) and others.................Accused-Petitioners Vs. Stateâ€Ļâ€Ļâ€Ļâ€Ļ.......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......hey misuse the privilege of bail in any manner whatsoever. Office is directed to communicate the order at once. Ed. This Case is also Reported in: 13 BLC (HCD) (2008) 915.  ......hey misuse the privilege of bail in any manner whatsoever. Office is directed to communicate the order at once. Ed. This Case is also Reported in: 13 BLC (HCD) (2008) 915.  ..

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......sult, the Rule is discharged with­out any order as to cost. The order of stay granted earlier by this Court stands vacated. Ed. This Case is also Reported in: 13 BLC (HCD) (2008) 911. ......ondent No.2, Agrani Bank as a plaintiff instituted the Artha Rin Suit No.470 of 2004 in the Artha Rin Adalat No.1, Dhaka (hereinafter referred to as "the Adalat") (respondent No.1) for recovery of loan amounting to Taka 46,26,59,843 impleading the petitioner as defen­dant No.7. The defendants d..

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.  ...... 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.......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. ......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. ..

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