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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. ......p;…Opposite Parties Judgment May 26, 2008. Result: The Rule is discharged. It is an admitted legal position that there is no limitation for filing a suit for partition and unless there is a total ouster of the right of a co-sharer from the ejmali property he shall be ......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. ......s not bar a subsequent suit; the reason is that, even after the dismissal of the former suit, the jointness continues and there is a continuing cause of action...………(6) Public policy demand that a co-sharer who is enjoying more land than his share should part away with..

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. ......ction to bring a suit for partition subsists even after dismissal of the earlier suit for default under rule 8 of Order 9 of the Code. There is no limitation for filing a suit for partition and unless there is a total ouster of the right of a co-sharer from the ejmali property he shall be......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. ......n being continuing and recurring it shall continue unless the other co-sharers give the plaintiff his due share partitioning the suit land by metes and bounds………………(6) Public policy is equivalent to "policy of the law". And "policy of the law" cannot be to deprive a..

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. ......ourt Division (Criminal Revisional Jurisdiction) Present: Sharifuddin Chaklader J Md. Emdadul Haque Azad J Abul Kalam Azad (Md.)……….......Petitioner Vs. State and another……………….....Opposite parties Judgment May 22, 2008. Result: ...... 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. ...... 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. ..

Category: Banking Law | Date: 22 May, 2008 | Hits: 227

Mohd. Showkot Ali Vs. National Board of Revenue and others, 2008, 37 CLC (HCD)

....Rashid J Md. Ashfaqul Islam J Mohd. Showkot Ali………………………………………………………….Petitioner Vs. National Board of Revenue, Represented by its Chairman, Segunabagicha, Dhaka and others…………………………………………………�......am J Mohd. Showkot Ali………………………………………………………….Petitioner Vs. National Board of Revenue, Represented by its Chairman, Segunabagicha, Dhaka and others……………………………………………………………………………........l authority and as such, of no legal effect and is accordingly, quashed for the ends of justice. Communicate at once. Ed. This Case is also Reported in: 28 BLD (HCD) (2008) 455. ......l authority and as such, of no legal effect and is accordingly, quashed for the ends of justice. Communicate at once. Ed. This Case is also Reported in: 28 BLD (HCD) (2008) 455. ..

Category: Criminal Law | Date: 18 May, 2008 | Hits: 3

Md. Sadaqat Khan (Fakku) and 10 others Vs. Chief Election Commissioner, Bangladesh Election Commission, 2008, 37 CLC (HCD)

....a copy of this order be sent to the Election Commission at once for guidance and necessary action Md. Ashfaqul Islam J.- I agree Ed. This Case is also Reported in: 60 DLR (HCD) (2008) 407. ...... in: 60 DLR (HCD) (2008) 407. ...... 2B of PO No. 149 of 1972 shall be citizen of Bangladesh. In the acquisition of such citizenship, the laws have made no discrimination in any way on the ground of ethnicity, language, sex etc. 34. Members of the Urdu-speaking people, wherever they live in Bangladesh, if they answer the above qual......a copy of this order be sent to the Election Commission at once for guidance and necessary action Md. Ashfaqul Islam J.- I agree Ed. This Case is also Reported in: 60 DLR (HCD) (2008) 407. ..

Category: Election Law | Date: 18 May, 2008 | Hits: 122

Zakir Hossain and another Vs. Md. Yousuf Kabir and others, 2008, 37 CLC (HCD)

....s confirmed. There will be no order as to costs. Send down the lower court's record immediately. Ed. This Case is also Reported in: 29 BLD (HCD) (2009) 347. ......d in: 29 BLD (HCD) (2009) 347. ......s confirmed. There will be no order as to costs. Send down the lower court's record immediately. Ed. This Case is also Reported in: 29 BLD (HCD) (2009) 347. ......hammad Ali further submitted that the sale certificate allegedly issued in favour of Ali Ahmed does not tally with form 28 and rule 74 printed and framed respectively under the rules framed under the Public Demands Recovery Act, so the auction was doubtful and by such auction purchase no title ..

Category: Property Law | Date: 13 May, 2008 | Hits: 5

Abdul Alim @ Chutta and another Vs. State, 2008, 37 CLC (HCD)

....ody if they 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: 15 MLR (HCD) (2010) 476. ...... is also Reported in: 15 MLR (HCD) (2010) 476. ......ody if they 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: 15 MLR (HCD) (2010) 476. ......��…………………………Opposite party Judgment May 13, 2008. Result: The Rule is made absolute. Cases Referred to- Harun Howlader Vs. The State, 36 DLR 21; The Public Prosecutor Vs. George Williams alias Victor, AIR (38) 1951 Madras 1042-1952 Criminal Law Jou..

Category: Criminal Law | Date: 13 May, 2008 | Hits: 9

Kazi Ramimul Islam Vs. State, 2008, 37 CLC (HCD)

....ul Islam is discharged from his respective bail bond. Send down the lower Court records along with a copy of Judgment expeditiously. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 6. ......e, 1991 BLD 11; State Vs. Manu Miah, 54 DLR (AD) 60; State Vs. Kabel Mollah, 55 DLR 108; Abraham Vs. State, 58 DLR 598; Rahij Vs. State, 1984 BLD 44 = 35 DLR 439; Abdur Rashid Vs. State, 8 BLC 513; Ananda Vs. State, 41 DLR 533; State Vs. Sabir Mia, 11 BLT 294, 8 BLC 235; Nannu Gazi Vs. Awlad Hossain......ul Islam is discharged from his respective bail bond. Send down the lower Court records along with a copy of Judgment expeditiously. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 6. ......ul Islam is discharged from his respective bail bond. Send down the lower Court records along with a copy of Judgment expeditiously. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 6. ..

Category: Women and Children | Date: 4 May, 2008 | Hits: 151

Kazi Ranimul Islam Vs. State, 2008, 37 CLC (HCD)

....imul Islam is discharged from his respective bail bond. Send down the lower Court records along with a copy of judgment expeditiously. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 6.......e, 1991 BLD 11; State Vs. Manu Miah, 54 DLR (AD) 60; State Vs. Kabel Mollah, 55 DLR 108; Abraham Vs. State, 58 DLR 598; Rahij Vs. State, 1984 BLD 44 = 35 DLR 439; Abdur Rashid Vs. State, 8 BLC 513; Ananda Vs. State, 41 DLR 533; State Vs. Sabir Mia 11 BLT 294 = 8 BLC 235; Nannu Gazi Vs. Awlad Hossain......imul Islam is discharged from his respective bail bond. Send down the lower Court records along with a copy of judgment expeditiously. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 6.......imul Islam is discharged from his respective bail bond. Send down the lower Court records along with a copy of judgment expeditiously. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 6...

Category: Women and Children | Date: 4 May, 2008 | Hits: 8

Jewel Cotton Spinning and Weaving Mills Ltd. Vs. Bangladesh & others, 2008, 37 CLC (HCD)

....espondent No.2 in Artha Rin Adalat Case No.40 of 2004 should not be declared to have been passed without lawful authority and is of no legal effect. 2. The petitioner, a company represented by its Chairman, filed instant writ petition challenging the Judgment and order dated 16-2-2005 passed by A......s also Reported in: 13 BLC (HCD) (2008) 572. ......d with cost. The trial Court is directed to dispose of the suit preferably within three months from the date of receipt of the order. Ed. This Case is also Reported in: 13 BLC (HCD) (2008) 572. ......d with cost. The trial Court is directed to dispose of the suit preferably within three months from the date of receipt of the order. Ed. This Case is also Reported in: 13 BLC (HCD) (2008) 572. ..

Category: Civil Law | Date: 24 Apr, 2008 | Hits: 62

Chairman, Bangladesh Water Development Board Vs. Md. Abdur Rahman, 2008, 37 CLC (HCD)

....ed. Ed. This Case is also Reported in:61 DLR (HCD) (2009) 42. ...... excluded, the Civil Courts have jurisdiction to examine cases whether the provisions of any Act have not been complied with when there is allegation of violation of the rules or procedures, maladies and arbitrariness. Civil Court under section 9 of the Code of Civil Procedure is competent to entert......he Courts below stand maintained. Send down the lower Court's record and a copy of the judgment and order to the Court concerned. Ed. This Case is also Reported in:61 DLR (HCD) (2009) 42. ......he Courts below stand maintained. Send down the lower Court's record and a copy of the judgment and order to the Court concerned. Ed. This Case is also Reported in:61 DLR (HCD) (2009) 42. ..

Category: Employment/Service Law | Date: 24 Apr, 2008 | Hits: 50

M. Shafuqul Alam and others Vs. Qazi Rafiq Ahmed and others, 2006, 35 CLC (HCD)

....ed. Communicate the order at once to the Court of learned Senior Assistant Judge, Sylhet for his information and necessary action. Ed. This Case is also Reported in: 14 MLR (HCD) (2009) 476. ......e is also Reported in: 14 MLR (HCD) (2009) 476. ......ed. Communicate the order at once to the Court of learned Senior Assistant Judge, Sylhet for his information and necessary action. Ed. This Case is also Reported in: 14 MLR (HCD) (2009) 476. ......ed. Communicate the order at once to the Court of learned Senior Assistant Judge, Sylhet for his information and necessary action. Ed. This Case is also Reported in: 14 MLR (HCD) (2009) 476. ..

Category: Procedural Law | Date: 12 Apr, 2008 | Hits: 40

Syed Tipu Sultan Vs. Secretary, Ministry of Home Affairs, Government of Bangladesh and others, 2008, 37 CLC (HCD)

.... ammunition to the petitioner within a period of seven days of receipt of this order, positively. Communicate at once. Ed. This Case is also Reported in: 28 BLD (HCD) (2008) 624. ......Road, Chakbazar, PS-Pachlaish, Chittagong……………………………………………….Petitioner Vs. Secretary, Ministry of Home Affairs, Government of Bangladesh, Ramna, Dhaka and others………………………………………………………………………..Respon...... ammunition to the petitioner within a period of seven days of receipt of this order, positively. Communicate at once. Ed. This Case is also Reported in: 28 BLD (HCD) (2008) 624. ......tion for surrender of the arms, does not authorize the Deputy Commissioner to cancel the license. The license can only be cancelled for the security of the public peace, and not for public safety. Public safety and security of public peace are not the same. The Government is only empowered to ta..

Category: Arms Law | Date: 10 Apr, 2008 | Hits: 10

Bangladesh Institute of Planners Vs. Government of Bangladesh and others, 2008, 37 CLC (HCD)

....on on 2-4-2001 Daily Prothom Alo and on 17-7-2006 'Daily Ittefaq, but no candidates were available for direct recruitment to filling the said post. Consequently, the committee constituted under the Chairmanship of the Secretary, Ministry of Housing and Public Works under the provisions of Rule 3......sion (Special Original jurisdiction) Present: Mir Hashmat Ali J SM Emdadul Hoque J Bangladesh Institute of Planners......................Petitioner Vs. Government of Bangladesh and others........................Respondents Judgment April 6, 2008. Result: The Rule ......nner in the department. Considering the facts and circumstances of the case, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 13 BLC (HCD) (2008) 494. ......e respondent Nos. 5, 6, 7 and 8 to show cause as to why and under what authority they are holding the posts of Senior Planners of the Urban Development Directorate under the Ministry of Housing and Public Works. 2. The petitioner 'Bangladesh Institute of Planners' is a Registered Society, Regis..

Category: Civil Law | Date: 6 Apr, 2008 | Hits: 49

Khandaker Mahmud Hasan Vs. Amirul Islam, 2008, 37 CLC (HCD)

....hop premises within 4(four) months from date. Let a copy of the judgment along with LC record be send down at once. Ed. This Case is also Reported in: 28 BLD (HCD) (2008) 202. ...... Ed. This Case is also Reported in: 28 BLD (HCD) (2008) 202. ......hop premises within 4(four) months from date. Let a copy of the judgment along with LC record be send down at once. Ed. This Case is also Reported in: 28 BLD (HCD) (2008) 202. ......hop premises within 4(four) months from date. Let a copy of the judgment along with LC record be send down at once. Ed. This Case is also Reported in: 28 BLD (HCD) (2008) 202. ..

Category: Tenancy Law | Date: 27 Mar, 2008 | Hits: 13

Jaibar Ali Fakir Vs. State, 2008, 37 CLC (HCD)

....o the voluntaries of any confession recorded. Send down the lower Court records with a copy of this judgment, immediately. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 208. ...... Fakir…………………………Appellant Vs. State…………………………...........Respondent Judgment March 6, 2008. Result: The Criminal Appeal is allowed and the Jail Appeal is accordingly disposed. The Children Act, 1974 (Act No. XXXIX of 1974), se......o the voluntaries of any confession recorded. Send down the lower Court records with a copy of this judgment, immediately. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 208. ......o the voluntaries of any confession recorded. Send down the lower Court records with a copy of this judgment, immediately. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 208. ..

Category: Women and Children | Date: 6 Mar, 2008 | Hits: 113

Jaibar Ali Fakir Vs. The State, 2008, 37 CLC (HCD)

....corded. Send down the lower Court records with a copy of this judgment, immediately. AFM Abdur Rahman J.-I agree. This Case is also Reported in: 16 MLR (HCD)(2013) 167. .............Appellant Vs. The State.............................................Respondent Judgment March 6, 2008. Reselt: Criminal Appeal No.4953 of 1991 is allowed. The judgment and order of conviction and sentence is set aside. Jail Appeal No.4954 of 1991 is disposed. ......corded. Send down the lower Court records with a copy of this judgment, immediately. AFM Abdur Rahman J.-I agree. This Case is also Reported in: 16 MLR (HCD)(2013) 167. ......corded. Send down the lower Court records with a copy of this judgment, immediately. AFM Abdur Rahman J.-I agree. This Case is also Reported in: 16 MLR (HCD)(2013) 167. ..

Category: Women and Children | Date: 6 Mar, 2008 | Hits: 174

Kazi Ali Ahmed Vs. Mohammad Nurunnabi and others, 2008, 37 CLC (HCD)

....Court at the time of issuance of 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: 30 BLD (HCD) (2010) 300. ......dgment here. Supreme Court High Court Division (Civil) Present: Syed Abu Kowser Md. Dabirush-Shan J Kazi Ali Ahmed………………………Petitioner Vs. Mohammad Nurunnabi and others……………………………..Opposite Parties Judgment March 5, 2008. Resu......Court at the time of issuance of 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: 30 BLD (HCD) (2010) 300. ......Court at the time of issuance of 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: 30 BLD (HCD) (2010) 300. ..

Category: Property Law | Date: 5 Mar, 2008 | Hits: 28

Mrs. Rehan Parvin @ Shohely Parvin Vs. State and another, 2008, 37 CLC (AD)

....n view the above, we find no substance in the submissions of the learned Advocate for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 21 BLT (AD) (2013)11....... Court Appellate Division (Criminal) Present: Mohammad Fazlul Karim J Md. Joynul Abedin J Md.Hassan Ameen J Mrs. Rehan Parvin @ Shohely Parvin…………………...Petitioner Vs. The State and another………………………………...........Respondents Judgment February 19, 2008. ......n view the above, we find no substance in the submissions of the learned Advocate for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 21 BLT (AD) (2013)11.......n view the above, we find no substance in the submissions of the learned Advocate for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 21 BLT (AD) (2013)11...

Category: Procedural Law | Date: 19 Feb, 2008 | Hits: 6

Sunirmal Chaudhuri Vs. Registrar of Joint Stock Companies & Firms, 2008, 37 CLC (HCD)

.... register the amendment copy of the Memorandum of Association of the Company within 90 (Ninety) days of the drawing up of this Order. Ed. This Case is also Reported in: 14 MLR (HCD) (2009) 432. ......ent Syed Refaat Ahmed J.- This is an Application under Section 12 read with Section 13 of the Companies Act, 1994 ("the Act") for a confirmation of the alteration of the Objects Clause of the Memorandum of Association ("MOA") of Bayer Crop Science Limited ("the Company"). 2. This Court notes a...... register the amendment copy of the Memorandum of Association of the Company within 90 (Ninety) days of the drawing up of this Order. Ed. This Case is also Reported in: 14 MLR (HCD) (2009) 432. ...... register the amendment copy of the Memorandum of Association of the Company within 90 (Ninety) days of the drawing up of this Order. Ed. This Case is also Reported in: 14 MLR (HCD) (2009) 432. ..

Category: Company Law | Date: 12 Feb, 2008 | Hits: 123

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