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Idrisur Rahman (Md) Vs. Bangladesh, 2008, 37 CLC (HCD)
....when the Rule came up for hearing/ we issued a notice as contemplated under Order XXVIIA of the Code of Civil Procedure to the Attorney-General to appear and assist the Court in the interpretation of relevant provisions of the Constitution for Appointment of Judges in the Supreme Court of Bangladesh...... 132; Sargodha Bhera Bus Service Ltd vs. Province of West Pakistan 11 DLR (SC) 285; and Secretary, Ministry of Finance vs Md. Masdar Hossain 52 DLR (AD) 82. He also submitted voluminous documents and papers containing talks, speeches and writings of eminent jurists and judges on the appointment of j...... Ahsanullah vs. Bangladesh 44 DLR 179; Venkata Reddy vs. Andhra Pradesh: AIR 1985 SC 724; Nagraj vs. Andhra Pradesh: AIR 1985 SC 551 A K Roy vs. India: AIR 1982 SC 710, 725, Peergada Kazi Shariatulla and others vs. Bangladesh in Writ Petition No. 2207 of 2008; M Shamsul Huque and others vs. Banglade......lhet, 1981 BLD 132; Sargodha Bhera Bus Service Ltd vs. Province of West Pakistan 11 DLR (SC) 285; and Secretary, Ministry of Finance vs Md. Masdar Hossain 52 DLR (AD) 82. He also submitted voluminous documents and papers containing talks, speeches and writings of eminent jurists and judges on the ap..Category: Constitutional Law | Date: 7 Aug, 2008 | Hits: 236
Mohammad Nasim Vs. State and another, 2008, 37 CLC (HCD)
....f admission in the Hospital till the date of submission of reports to this Court by the Medical Board on 04.08.2008 the condition of health of the accused-appellant remains stable. He explains the relevant medical terms used in the reports with the help of 'Taber's Cyclopedic Medical Dictionary'......ement. It is also asserted that he has been suffering from serious illness endangering life as reflected on various news items on different dates published in almost all the National Daily Newspapers (Annexure-X series) stating the critical condition of his health; that there is no access ......sent: Md. Muzammel Hossain J Syed AB Mahmudul Huq J Mohammad Nasim……………………………………………………………………….Appellant Vs. The State and another…………………………………………………………………Respondents ......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
Md. Mafizur Rahman Tutu and others Vs. State, 2008, 37 CLC (HCD)
...., the learned Advocate appearing for the petitioners seeks to impeach the impugned proceedings on the two fold arguments. Firstly, as per provisions laid down in sections 38, 39 and 44 of the Act and relevant Circulars, the Police has no authority to investigate the offence under the Act and only th......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. ...... 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
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. ...... defendants claimed for dismissal of the suit. 4. During the course of trial the learned Senior Assistant Judge, Cox's Bazar on consideration of the evidence on record and after perusing the papers and documents passed the decree in favour of the plaintiff by his judgment and decree da......is also Reported in: 29 BLD (HCD) (2009) 402. ...... claimed for dismissal of the suit. 4. During the course of trial the learned Senior Assistant Judge, Cox's Bazar on consideration of the evidence on record and after perusing the papers and documents passed the decree in favour of the plaintiff by his judgment and decree dated 28.1.19..Category: Property Law | Date: 30 Jul, 2008 | Hits: 2
Md. Karamot Ali Alias Rafique Alias Rafiqul Islam Vs. The State, 2008, 37 CLC (HCD)
....l evidence and no phensidyl as alleged by the prosecution was recovered from the possession of the convict petitioner and, thus, this is a case of no evidence. The learned advocate referring the relevant provision of law under section 25B(2) of the Special Powers Act submits that the offence is......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. ...... 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 the Special Tribunal No.1, Kushtia in Spec......oss-examination this P.W. stated that at the time of occurrence he was attached with the police station; This P.W. denied the defence suggestion that he did not examine any local people and seize any documents of the cycle. This P.W. further denied that he recorded the statements of the witnesses fi..Category: Criminal Law | Date: 30 Jul, 2008 | Hits: 5
State Vs. Metropolitan Police Commissioner, Khulna and others, 2008, 37 CLC (HCD)
....e for consideration generally and should not prejudice the Court in any way when dealing 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 i......pt was made to appoint a probation officer, which is the requirement of section 50, as quoted above. The Commissioner of Khulna Metropolitan Police sent his explanation along with supporting papers stating inter alia that departmental action is being taken against the officers concerned. In......pecial Original Jurisdiction) Present: Md. Imman Ali J Md. Emdadul Huq J The State.......................................Petitioner Vs. The Metropolitan Police Commissioner, Khulna and others..............Respondents Judgment July 22, 2008. Result: The Rule is disposed......ated 12.06.2008 along with copies of the order sheet of G.R. No. 559/2008, deposition of witnesses examined by him in the course of the inquiry to ascertain the age of Arifa and also other supporting documents in relation to the assessment of age. 4. The facts of the case, in brief, are that on 2..Category: Women and Children | Date: 22 Jul, 2008 | Hits: 147
Kazi Salahuddin Vs. Kazi Badruzzahedin (Dabir) and others, 2008, 37 CLC (AD)
....e does not call for interference by this court. We find no merit in this petition which is accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 113. ......he petitioner has filed this petition for leave to appeal. 15. Heard the learned Advocate and perused the petition and the impugned judgment and order of the High Court Division and other papers on record. 16. It appears that the High Court Division found that the order appoint...... Mohammad Fazlul Karim J Md. Joynul Abedin J Md. Abdul Matin J Kazi Salahuddin……………….......Petitioner Vs. Kazi Badruzzahedin (Dabir) and others........Respondents Judgment July 22, 2008. Lawyers Involved: ......e does not call for interference by this court. We find no merit in this petition which is accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 113. ..Category: Trust/Waqf Law | Date: 22 Jul, 2008 | Hits: 166
Reckitt Benckiser (Bangladesh) Ltd. Vs. Oram Limited, Sale Centre, 2008, 37 CLC (HCD)
.... (ঈ) কোন বিদেশী রাষ্ট্রের সরকার হয়; 16. In the facts and circumstances of the instant case sub clause (B) of clause (M) of section 2 is relevant. A reading of sub clause (B) along with clause (ga) prima facie shows that to make an arbit...... 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. ......p;……………….Opposite Party Judgment July 13, 2008. Result: The Rule is made absolute. Case Referred to- Punjab Ali Pramanik and others Vs. Mohd. Mokarram Hossain, 29 DLR (SC) 185. Lawyers Involved: Rafique-ul-Huq w...... 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)
....sion is made; (ii) The manner in which it is made; (iii) The person to whom it is made along with the rules of caution. 47. According to this section, a confession by an accused is irrelevant if it is caused by inducement, threat or promise. A confession is relevant— (i) ....... He should be given a brief similar to that prepared for public prosecutor and it would be convenient if the two briefs were prepared together. He should be supplied free of cost, with copies of all papers as per this Rule 6 of LR Manual. The accused is not only entitled to get legal assistance but......Confession Before a confession can be accepted in evidence, it must be established by cogent evidence that what were the exact words used by the accused. Even if so much is established, prudence and justice demand that such evidence cannot be made the sole ground of conviction. It may be used o......ajawar Hossain, the learned Advocate for the appellant, took us through the first information report, charge sheet, charge so framed, the deposition of the prosecution witnesses, impuged judgment and documents available in the paper book and submits that the appellant, Abdul Hannan is innocent and h..Category: Evidence Law | Date: 29 Jun, 2008 | Hits: 175
City Bank Ltd. Vs. Artha Rin Adalat No.1 Dhaka and others, 2008, 37 CLC (HCD)
....eliminary decree signed on 13-10-2004) as contained in "Annexure-D and D-1" to the writ petition passed by the Artha Rin Adalat No.1, Dhaka in Artha Rin Suit No.470 of 2004. 2. Material fact relevant for disposal of this Rule is that the petitioner is a Public Company Ltd by shares and i......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. ......ion (Special Original Jurisdiction) Present: Zinat Ara J Sheikh Abdul Awal J City Bank Ltd…………………………Petitioner Vs. Artha Rin Adalat No.1 Dhaka and others………………………..Respondents Judgment June 17, 2008. Result: ......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. ..Category: Civil Law | Date: 17 Jun, 2008 | Hits: 7
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. ...... 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. ......) Custody of a minor child In order to ascertaining the custody of a minor child the paramount consideration is the welfare of the child, apart from the legal rights of the father and mother………….(39) Cases Referred to- Abdul Jalil and others Vs. Mrs. Sharon La......ppearance in the said appeal and filed an application praying for vacating the order of stay of the impugned order against which the father-appellant preferred written objection, along with some documents and also some photographs annexed to it, making aspersions on the character of the moth..Category: Family Law | Date: 17 Jun, 2008 | Hits: 19
AKM Nazimuddin Vs. Md. Delwar Hossain and others, 2008, 37 CLC (HCD)
....Case filed under section 96 of the State Acquisition and Tenancy Act, should not be set aside and or pass such other or further order or orders as to this Court may seem fit and proper. 2. Facts relevant for disposal of the Rule are that admittedly the pre-emptor being a co-sharer sought pre-em......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. ...... Present: SAN Mominur Rahman J Shahidul Islam J AKM Nazimuddin………………………Petitioner Vs. Md. Delwar Hossain and others…………………………..Opposite......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
Unilever Bangladesh Ltd. Vs. Chairman, National Board of Revenue and others, 2008, 37 CLC (HCD)
....are, that the petitioner a company registered under the laws of the land operating in Bangladesh and engaged in the manufacturing of commodities mentioned above which are duly registered as per the relevant law of the land and paying regular tax. Duties and other charges in accordance with law. T......s manufactured by the petitioner company as mentioned in both the Writ petitions. Communicate this order at once. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 156. ......al Original Jurisdiction) Present: Mirza Hussain Haider J Mamnoon Rahman J Unilever Bangladesh Ltd. …………….Petitioner Vs. Chairman, National Board of Revenue and others………………Respondents Judgment June 11, 2008. Result: These R......s manufactured by the petitioner company as mentioned in both the Writ petitions. Communicate this order at once. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 156. ..Category: Fiscal/Taxation Law | Date: 11 Jun, 2008 | Hits: 9
A.B.M. Khaliquzzaman and others Vs. United Commercial Bank Ltd. and others, 2008, 37 CLC (HCD)
....008. nevertheless, restrained the Bank at the said AGMs in considering the common Agenda No.1 in all three notices for such meetings pertaining to receipt and adoption of Audited Accounts for the relevant years and further restrained the Bank from approving any dividend as recommended by the B......al Civil Petition for Leave to Appeal No.727 of 2005 thus: "Annual General Meetings of the United Commercial Bank Ltd. for the years 2002, 2003 and 2004 as per notices published in the newspapers on 13th September, 2005 scheduled to be held on 03.10.2005 is stayed till hearing of the Ma......HCD) (2008) 635. ......hold and conduct the 23rd AGM afresh by 30.9.2008. 31. This Court hereby directs the Registrar, Joint Stock Companies and Firms to accept all necessary and required returns, reports and documents, including the relevant 'Schedule-X Annual Summary of Share Capital' to be filed by the..Category: Company Law | Date: 11 Jun, 2008 | Hits: 43
Tasmima Hossain Vs. Anti-Corruption Commission and others, 2008, 37 CLC (HCD)
.... Commission, it was submitted that the petitioner could be prosecuted as an abettor of her husband under section 109 of the Penal Code. We find such submission was not based on sound understanding of relevant laws. First, none of the above offences could be abetted by any other person and as such, a...... 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. ......aqul Islam J Tasmima Hossain..................................................Petitioner Vs. Anti-Corruption Commission, represented by its Chairman, Head Office: 1 Segunbagicha, Dhaka and others……………………………........ amongst other for constitution of an offence under the section are, (i) receipt of an order in writing; (ii) upon receipt of such order, if one fails to submit statements or information or documents as was asked for in the order; or (iii) submits statements or information or document..Category: Anti-Corruption Laws, Criminal Law | Date: 8 Jun, 2008 | Hits: 7
Mst. Phulbanu @ Phul Vs. State, 2008, 37 CLC (HCD)
..... We took it as exception. Suppression of such material facts is not desirable and as such the same is highly deprecated. 11. At the very outset and for the convenience of understanding, the relevant Provisions prescribed in sections 23 and 26 of The Emigration Ordinance, 1982, which are......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. ......cial Court, the informant's case before the Magistrate cannot be stifled by quashing…………………………….(12) Cases Referred to- Managing Director, Rupali Bank Limited and others Vs. Tafazal Hossain and others, 44 DLR (AD) 260; Noor Jahan Begum an another Vs. State, ......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. ..Category: Procedural Law | Date: 5 Jun, 2008 | Hits: 4
Mannan alias Mannan Khan (Md.) Vs. State, 2008, 37 CLC (HCD)
....e sheet against the accused. 21. These are all of the evidence on record adduced by the prosecution to prove the charge. 22. At the very outset and for the convenience of understanding relevant provisions of law prescribed in sections 2(e) and 25(1) of the Special Powers Act, 1974 whi......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. ......ni, Assistant Attorney-General - For the Respondent. Criminal Appeal 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 th......ing to Taka 1,00.716, for the purpose of creating artificial crisis and wrongful gain. On interrogation, the accused Abdul Mannan could not provide any satisfactory answer or could not show any valid documents. Thereafter SI Md. Anwar Hossain (P.W.12) seized those articles in presence of the witness..Category: Criminal Law | Date: 4 Jun, 2008 | Hits: 2
Md. Mannan Alias Mannan Khan Vs. State, 2008, 37 CLC (HCD)
....sheet against the accused. 21. These are all of the evidence on record adduced by the prosecution to prove the charge. 22. At the very outset and for the convenience of understanding relevant Provisions of law prescribed in sections 2(e) and 25(1) of the Special Powers Act, 1974 wh......e 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: 28 BLD (HCD) (2008) 664. ...... Assistant Attorney General-For the Respondent. Criminal Appeal 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 l...... Tk.1,00,716/-, for the purpose of creating artificial crisis and wrongful gain. On interrogation the accused Abdul Mannan could not provide any satisfactory answer or could not show any valid documents. Thereafter S.I. Md. Anwar Hossain (P.W.12) seized those articles in presence of the witn..Category: Criminal Law | Date: 4 Jun, 2008 | Hits: 3
Abul Kashem-al-Asad Vs. Abdul Muhib and others, 2008, 37 CLC (HCD)
.... Suit wherein the present plaintiffs were very much parties and their prayer for saham as the heirs of late Abdus Sobhan was rejected 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 evide......rein the present plaintiffs were very much parties and their prayer for saham as the heirs of late Abdus Sobhan was rejected 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 n...... (Civil Revisional Jurisdiction) Present: MA Wahhab Miah J Afzal Hossain Ahmed J Abul Kashem-al-Asad……………………… Petitioner Vs. Abdul Muhib and others……………… Opposite Parties Judgment May 28, 2008. Result: Th...... the final decree passed on 29-5- 88 in Title (Partition) Suit No. 206 of 1970 other reports of the Advocate Commissioner submitted on various dates, writ of execution of the decree, firstly of the documents filed before the court below on 8- 5-82 in support of the application for rejection of th..Category: Procedural Law | Date: 28 May, 2008 | Hits: 5
Mrs. Shahida Khatun and another Vs. Zafrul Hasan and State, 2008, 37 CLC (HCD)
..... 19. Office is directed to send down the record of the case with a copy of Judgment for information and necessary action. Ed. This Case is also Reported in: 17 MLR (HCD) (2012) 463. ....... 19. Office is directed to send down the record of the case with a copy of Judgment for information and necessary action. Ed. This Case is also Reported in: 17 MLR (HCD) (2012) 463. ......ase is also Reported in: 17 MLR (HCD) (2012) 463. ......losed in the petition of complaint or in evidence taken in inquiry by the Magistrate, no offence disclosed on the basis of prosecution materials. The respondent may have in his possession a number of documents to disprove the complaint but as those materials are not yet the part of the materials on ..Category: Procedural Law | Date: 18 May, 2008 | Hits: 41
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