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Md. Emdad Hossain and another Vs. Bangladesh Biman Corporation and others, 2008, 37 CLC (HCD)

.... Corporation and others…………………………………… Respondents Judgment June 4, 2008. Result: The Rules are made absolute. Amendment of a plaint dates back to the filing of the suit. But the amendment of a substantive law by way of repeal or ad......ervice are declared to have been passed without lawful authority having no legal effect. There is no order as to costs. Ed. This Case is also Reported in: 28 BLD (HCD) (2008) 461. ..

Category: Procedural Law | Date: 4 Jun, 2008 | Hits: 7

Md. Mannan Alias Mannan Khan Vs. State, 2008, 37 CLC (HCD)

.... No. 3627 of 2007. Judgment Syed Md. 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 26-07-2007 passed by the learned Additional Ses­sion Judge, first Court and Special Tribunal......iesel and 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 exhts.4 and 5 and his signature a..

Category: Criminal Law | Date: 4 Jun, 2008 | Hits: 3

Hormuz Sikder & others Vs. Ayub Ali Sikder & others, 2008, 37 CLC (HCD)

....-For the Opposite Party No.1. Civil Revision No. 2171 of 2005. Judgment Md. Abdul Wahhab Miah J.-This rule was issued calling upon opposite party No.1 to show cause as to why the order dated 12.03.2005 passed by the Additional District Judge, Munshigonj in Civil Revision No.15 of 2004......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.       ..

Category: Property Law | Date: 26 May, 2008 | Hits: 3

Harmuj Sikder & others Vs. Ayub Ali Sikder & others, 2008, 37 CLC (HCD)

....For the Opposite Party No.1. Civil Revision No.2171 of 2005. Judgment Md. Abdul Wahhab Miah J.- This rule was issued calling upon opposite party No.1 to show cause as to why the order dated 12.03.2005 passed by the Additional District Judge, Munshigonj in Civil Revision No.15 of 20......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.  ..

Category: Property Law | Date: 26 May, 2008 | Hits: 7

Abul Kalam Azad (Md.) Vs. State and another, 2008, 37 CLC (HCD)

....actual commission is alone punishable. In the case of Yeshwant Sitaram Desai Vs. Jaisingaro A Rane, AIR 1974 Goa-4, 'any' under section 81 of Representation of the People Act, 1951 interpreted a candidate, not a candidate in the entire process of election of parliament or assembly. In section 82(b) ...... 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)

....d Abdur Rashid J.-The above Rule NISI was issued asking the respondents to show cause as to why initiation and continuation of Special Case No.153 of 2007 arising out of Gulshan PS Case No.41(3)07 dated 10.03.07 corresponding to GR Case No.178 of 2007 under section 409 read with section 109 of t......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

Mrs. Shahida Khatun and another Vs. Zafrul Hasan and State, 2008, 37 CLC (HCD)

....as issued, on an application under section 561A of the Code of Criminal Procedure, at the instance of accused petitioners, calling upon the opposite parties to show cause as to why the impugned order dated 08-01-2004 passed by the learned Magistrate, First Class Jessore, in C.R. Case No.549 of 2003 ...... those averments. On pen the petition of complaint, we find that-there is an-averment that the accused failed to pay outstanding instalments in terms of tripartite agreement. Moreover, on the date of occurrence the accused denied also receipt of the trucks under agreement and refused to pay outstand..

Category: Procedural Law | Date: 18 May, 2008 | Hits: 41

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

.... after liberation of Bangladesh, they are citizens of this country by birth and otherwise and they are therefore entitled to be enrolled in the electoral rolls and registered as voters. On the prayer dated 05-02-76 of Mrs. Rajibun Nessa, mother of petitioner No. 2 and 6 and grandmother of petitioner......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)

.... M.I. Farooqui with Md. Ruhul Quddus- For the Respondents. First Appeal No.181 of 2004. Judgment Md. Abdul Wahhab Miah J.-This first appeal is directed against the judgment and decree dated 31.03.2004 passed by the learned Joint District Judge, 2nd Court, Dhaka in Title Suit No.59 of......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.   ..

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

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

.... upon the Deputy Commissioner, Habigonj to show cause as to why the accused petitioners should not be enlarged on bail in G.R. Case No.116 of 2006 arising out of Madhabpur Police Station Case No.09 dated 09-05-2006 under sections 323, 302, 149 of the Penal Code, now pending in the Court of Magis......গঞ্জ তাং ০২/০৯/০৭ইং।” 9. The learned Counsel submits that the aforesaid report is absolutely vague and there is no mention of time, place and manner of occurrence in respect of threatening the informant and his family 3 members. He lastly submits that..

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

Shrimp and Fish Processing Plant Ltd. Vs. National Bank Limited and others, 2008, 37 CLC (HCD)

....dvocate-For the Respondent Nos.1-2. Writ Petition No.4603 of 2003 Judgment Sheikh Abdul Awal J.- In this Rule Nisi the respondents were called upon to show cause as to why Order No.11 dated 31.05.2003 passed by the respondent No.3, Artha Rin Adalat, Chittagong (Annexure-C) rejecting......he order of stay granted earlier by this Court stands vacated. Communicate the order to the Adalat concerned at once. Ed. This Case is also Reported in: 28 BLD (HCD) (2008) 503. ..

Category: Procedural Law | Date: 4 May, 2008 | Hits: 9

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

....ce of Kazi Ramimul Islam under section 4 (Kha)/9 of the Cruelty to Women (Deterrent Punishment) Ordinance, 1983 (hereinafter referred to as 'the Ordinance') is directed against the Judgment and order dated 14-10-1998 passed by the learned Judge, Tribunal No.4, Satkhira (hereinafter referred to as th......Niranjon Karmaker did so for the purpose of marrying her against her will. So the informant lodged the first information report. 3. Sl Ataur Rahman, took up the investigation, visited the place of occurrences prepared sketch map with separate index of the place of occurrence, examined the witness..

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

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

....ce of Kazi Ramimul Islam under section 4 (Kha)/9 of the Cruelty to Women (Deterrent Punishment) Ordinance, 1983 (hereinafter referred to as 'the Ordinance') is directed against the judgment and order dated 14-10-1998 passed by the learned Judge, Tribunal No.4, Satkhira (hereinafter referred to as th......Niranjon Karmaker did so for the purpose of marrying her against her will. So the informant lodged the first information report. 3. SI Ataur Rahman, took up the investigation, visited the place of occurrences prepared sketch map with separate index of the place of occurrence, examined the witness..

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

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

....nt Nos. 3 and 4.  Writ Petition No.2547 of 2005. Judgment Mir Hashmat Ali J. - This Rule was issued calling up on the respondents to show cause as to why the impugned Judgment and order dated 16-2-2005 passed by respondent No.2 in Artha Rin Adalat Case No.40 of 2004 should not be decla......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

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

....plaintiff opposite party instituted, the aforesaid Title Suit No.56 of 1998 in the Court of learned Senior Assistant Judge, Sylhet for declaration that the order of dismissal from service of the bank dated 12.04.1997 passed by the defendant-petitioner No.1 is illegal, void and not binding upon him a......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)

....ashid J.- The above Rule NISI was issued against cancella­tion of the license for holding arms and also seizure of the licensed pistol of the petitioner along with ammunition pursuant to an order dated 27.03.02 of respondent No.2, the Dep­uty Commissioner at Chittagong at the in­stance of the...... 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. ..

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

Most. Rafika Begum Vs. Md. Mohammad Ali Sheikh being dead his heirs Most. Asia Bewa and others, 2008, 37 CLC (HCD)

....Revision No.593 of 2004. 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 impugned judgment and order dated 5.2.2004 passed by the learned Joint District Judge, 2nd Court, Gaibandha in Miscellaneous Ap......ance of the Rule is hereby vacated. The lower courts records be sent down at once with a copy of the judgment. Ed. This Case is also Reported in: 28 BLD (HCD) (2008) 488.  ..

Category: Property Law | Date: 9 Apr, 2008 | Hits: 4

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

....te-For the Opposite Party. Civil Revision No. 49 of 2001. Judgment Sheikh Abdul Awal J.- By this Rule the opposite party was called upon to show cause as to why the judgment and decree dated 05.09.2000 (decree signed on 14.09.2000) passed by the Subordinate Judge, 1st Court, Dhaka in ......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

Abul Hasnat Nurul Kabir Vs. Government of Bangladesh and others, 2008, 37 CLC (HCD)

....ule is discharged. Accuser’s right to file appeal under section 410 of the Cr PC was taken away- Under section 410 of the Cr PC the accused could file the appeal with 60 days from the date of conviction excluding the time requisite for obtaining certified copy of the judgment. But un......e Rule, in brief are: Respondent No.3 as the complainant lodged a complaint against the petitioner on 20.11.2005 in the Court of the Chief Metro­politan Magistrate, Dhaka showing the date of occurrence as 8.5.2005, 30.9.2005, 10.10.2005, 23.10.2005 and 25.10.2005. The petitioner by professi..

Category: Criminal Law, Procedural Law | Date: 12 Mar, 2008 | Hits: 5

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

....h Jail Appeal No. 4954 of 1991 (Dhaka). Judgment Md. Imman Ali J. - This appeal preferred by appellant Jaibar Ali Fakir is directed against the judgment and order of conviction and sentence dated 23-9-85 passed by the learned Additional Sessions Judge-in-Charge of Sessions Judge's Court, J......), section 66 The Code of Criminal Procedure, 1898 (Act No. V of 1898), sections 164, 342 The Constitution of Bangladesh, 1972, article 35 (4) The age of the accused at the time of the occurrence and at the time of the alleged confessional statement should be kept in mind. It is an ac..

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