Search Options
Judgment Advanced Search
Displaying 601-620 of 5867 results.
Mohammad Mosharraf Hossain Vs. Golam Mohamad and another, 2009, 38 CLC (AD)
....presented-Respondent No.1. Criminal Petition for Leave to Appeal No.475 of 2008. Judgment Md. Tafazzul Islam J. - This petition for leave to appeal is directed against the judgment and order dated 21.7.2008 of the High Court Division passed in Criminal Miscellaneous Case No.3417 of 2008, ar......0/-respectively in his favour and subsequently those cheques were dishonored on 28.8.2006 and 20.10.2006 respectively due to insufficient fund and then on 14.3.2007 the respondent No.1 served a legal notice upon the petitioner demanding payment and the petitioner received the said notice on 20.3.200......enior Advocate, instructed by Nurul Islam Bhiyan, Advocate-on-Record- For the Petitioner. Md. Nawab Ali, Advocate-on-Record-Respondent No.1 Not represented-Respondent No.1. Criminal Petition for Leave to Appeal No.475 of 2008. Judgment Md. Tafazzul Islam J. - This petition for leave t..Category: Banking Law | Date: 26 Feb, 2009 | Hits: 150
Fahima Nasrin Vs. Government of Bangladesh and others, 2009, 38 CLC (HCD)
.... jewellery from a young girl and thereafter killing her. He was charged under section 302 of the Penal Code and tried in Sessions Case No.43 of 2004 arising out of Bheramara Police Station Case No.12 dated 23.11.2003, corresponding to G.R. No.154 of 2003. It having been established that Rony was bel......ace throughout the Indian subcontinent. When a public-spirited citizen comes forward in aid of the hapless, it is a welcome gesture. When a responsible member of the Bar comes forward to bring to the notice of the Court erroneous interpretation of the law causing infringement of a citizen’s legal ......iae. Writ Petition No. 3646 of 2008. Judgment Md. Imman Ali J.- This application was filed by a learned member of the Supreme Court Bar under Article 102(2)(a)(i) of the Constitution in the form of a public interest litigation. Upon hearing the petitioner, Rule Nisi was issued calling upon..Category: Women and Children | Date: 11 Feb, 2009 | Hits: 189
A. J. M. Helal & others Vs. Bangladesh and others, 2009, 38 CLC (HCD)
....on 410 of the Code of Criminal Procedure and/or such other or further order or orders passed as to this Court may seem fit and proper. 3. Writ Petition No.3058 of 2008 is from judgment and order dated 12.02.2008 passed by the respondent No.3, Additional Metropolitan Sessions Judge, 1st Cou......nging prosecution against the drawer of the unpaid cheque. Under section 138 (c) of the Act, 30 days' time is given for payment of the amount due under the cheque from the date of receipt of notice regarding dishonour of cheque issued by the payee. The payee has to wait for 30 days anticipa......ing out of C.R. Case No.150 of 2006 (Bandor Zone) convicting the petitioner under section 138(1) of the Negotiable Instrument Act and sentencing him thereunder to suffer simple imprisonment for 6(six) months and to pay a fine of Tk. 12,30,600/-. 4. Writ petition No.6720 of 2008 is fro..Category: Corporate Law | Date: 9 Feb, 2009 | Hits: 5
AJM Helal Vs. Bangladesh and others, 2009, 38 CLC (HCD)
....certain pre-condition for bringing prosecution against the drawer of the unpaid cheque. Under section 138(c) of the Act, 30 days' time is given for payment of the amount due under the cheque from the date of receipt of notice regarding dishonor of cheque issued by the payee. The payee has to wait fo......on for bringing prosecution against the drawer of the unpaid cheque. Under section 138(c) of the Act, 30 days' time is given for payment of the amount due under the cheque from the date of receipt of notice regarding dishonor of cheque issued by the payee. The payee has to wait for 30 days anticipat...... appeal is a continuation of the suit/case and there is no dispute that in the society a class of borrowers or drawers in taking shelter of this principles of law deliberately used to drag the appeal for an indefinite period in order to hang the process of realization of loan money or unpaid cheque'..Category: Civil Law | Date: 9 Feb, 2009 | Hits: 45
Sontosh Kumar Shaha Vs. Government of Bangladesh and others, 2009, 38 CLC (HCD)
.... as to why the petitioner should not be posted as Joint District Judge (Previously Subordinate Judge) by maintaining seniority as per Panel of the year 2000, SI. No.37 of the promotion list dated 14.3.2000 (Annexure C-2) published in the official gazette, by implementing the order of withd......tion Committee (G.A. Committee) as per rule 3(d)(16) of the High Court Division Rules and why the Memo issued by the Respondent No.1, being Memo No.671-Bichar-1/4(d)/2000 dated 20.11.2003, show cause notice (Annexure-N) order of suspension and holding of Departmental Proceeding Case No.3 of 2000 and......fficial gazette, by implementing the order of withdrawal of suspension of the petitioner dated 26.4.2003 (Annexure-J) along with Memo No.218 dated 26.4.2004 (Annexure N-(9) by placing the same before the General Administration Committee (G.A. Committee) as per rule 3(d)(16) of the High Court Di..Category: Administrative Law, Constitutional Law | Date: 5 Feb, 2009 | Hits: 2
Abdul Latif Howlader and others Government of Bangladesh and others, 2009, 38 CLC (HCD)
....filed under Article 102(2)(a)(i)(ii) of the Constitution, calling upon the respondents to show cause as to why the impugned letter under Memo No.পবম/শা-২/বগ-২/২০০২/৭৯৬ dated 24.7.2007 (Annexure-F) issued by respondent No.4 should not be declared to have been passed wi......e being vacant posts of similar scale available. Let a copy of this judgment and order be transmitted at once. Ed. This Case is also Reported in: 29 BLD (HCD) (2009) 280. ......7.2007 (Annexure-F) issued by respondent No.4 should not be declared to have been passed without lawful authority and is of no legal effect. 2. The facts of the case, so far as are relevant for disposal of this Rule, are that the petitioners and 33 others were appointed as night guards and..Category: Administrative Law, Employment/Service Law | Date: 21 Jan, 2009 | Hits: 1
Dr. Shipra Chaudhury and another Vs. Government of Bangladesh and others, 2009, 38 CLC (HCD)
....espondent Nos.1 to 3, the detenu made arrangements to travel to Bangladesh just for one day, booking a ticket on a flight by Emirates Airways on 2.8.2008 with a confirmed return ticket to the UK dated 3.8.2008. However, on her arrival in Dhaka on 3.8.2008, the detenu again became scared apprehe...... issued on 27.10.2008. Respondent Nos.1 to 3 were directed to produce the detenu before this Court on 4.11.2008 at 10-30 A.M without fail. The Rule was made returnable within 1(one) week and the notices were served upon respondent Nos.1 to 5 by a special messenger of this Court at the cost of t......respondents to show cause as to why Dr. Humayra Abedin alias Dorothy, daughter of Mohammad Joynal Abedin, now being detained in the custody of respondent Nos.1 and 2 should not be brought before this Court so that it may satisfy itself that she is not being held in custody without lawful a..Category: Women and Children | Date: 19 Jan, 2009 | Hits: 10
Tashin Ali (Md.) Vs. Md. Shamsul Hoque and others, 2009, 38 CLC (HCD)
....sp; Md. Osman Ghani for Md. Nawab Ali, Advocates - For the Opposite Parties. Civil Revision No.1970 of 2002. Judgment AKM Asaduzzaman J.- This rule arising out of Judgment and order dated 21-3-2002 passed by the Additional District Judge, Kurigram in Miscellaneous Appeal No.63 of 1......shop upon his portion of land. The opposite party Nos.2-5 transferred 0.30 decimals of land by way of registered kabala dated 23-11-1994 in favour of the opposite party No.1 pre-emptee petitioner. No notice of transfer was send to the co-sharer and the said kabala was endorsed in volume on 3-12-1994...... Result: The rule is discharged. In a pre-emption case there is no scope to consider the title of either party. In order to determine the title, the party concerned is required to file a suit for declaration of title. In case the pre-emptor claimed to acquire the property by way of registere..Category: Property Law | Date: 15 Jan, 2009 | Hits: 38
....
Judgment
Md.
Abdur Rashid J. -
This Rule was obtained on behalf of the above deity upon making a revision
application under section 115(1) of the Code of Civil Procedure against an
order dated 1-6-08 passed by the District Judge at Dhaka in Title Appeal No.
140 of 2008, which dismissed......et of the deity. No summons of the suit was ever served upon the
deity.
7. Upon registration of the appeal and
receipt of the application for condo nation of delay, the appellate Court
issued notice for service upon aforesaid opposite parties. In pursuance
thereof, the opposite parties appe......an
order dated 1-6-08 passed by the District Judge at Dhaka in Title Appeal No.
140 of 2008, which dismissed the appeal upon rejection of the application made
under section 5 of the Limitation Act for condonation of delay and affirmed the
ex parte decree dated 29-5-86.
2. Case of the petiti..
Category: Hindu Law | Date: 18 Dec, 2008 | Hits: 22
James Finaly Pic. Chittagong Vs. Government of Bangladesh and others, 2008, 37 CLC (AD)
....ondent No.2. Osman Gani, Deputy Attorney-General instructed by Md. Sajjadul Huq, Advocate-on-Record—For Respondent No.1. Civil Appeal No.202 of 2001. (From the judgment and order dated the 24th day of February, 1997 passed by the High Court Division in Writ Petition No.2595 of 1......the submissions of the learned Advocate for the appellant. Accordingly, the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 19 BLC (AD) (2013) 79. ......-6-1985 both days inclusive though no crane service was provided to the appellant. On the representation of the appellant by circular No.113 of 85 dated 8-6-1985 Chittagong Port Authority informed all concerned that no hire charges be realized would be refunded to the respective port user ..Category: Civil Law | Date: 17 Dec, 2008 | Hits: 7
Nazimuddin (Md.) Chairman Vs. Government of Bangladesh, 2008, 37 CLC (HCD)
.... this Rule was issued calling upon the respondents to show cause as to why the continuation of the proceedings of the Special Case No. 20 of 2008 arising out of Ramna Model Police Station Case No. 52 dated 30-3-2008 under section 27(1) of the Anti-Corruption Commission Act, 2004 read with Rule 15 of......agar, Dhaka. Thereafter he was implicated in a case under Arms Act being Keranigonj Police Station Case No. 48 dated 28 was in jail, Anti-Corruption Commission, respondent No. 2, Head Office issued a notice upon the petitioner being Memo No. দুদক/২২০-২০০৭ (অনুঃ২) ৮......GR Case No. 44 of 2008 now pending in the Special Judge Court No. 6, Sher-e-Bangla Nagar, Dhaka should not be declared to be without lawful authority and is of no legal effect. 2. Facts relevant for disposal of the Rule, in brief, are that the petitioner was arrested by Rapid Action Battalion-1..Category: Anti-Corruption Laws | Date: 4 Dec, 2008 | Hits: 149
MM Ali Ispahani Vs. MM Ispahani Ltd., 2008, 37 CLC (HCD)
....o.1 M.M. Ispahani Ltd. (“the Company”) that straddle several decades of corporate history that follows a historical timeline beginning the second decade of the 20th century to the present date. It is also simultaneously a case of the fluctuating fortunes of a corporate entity that has ha......ies’). It is here that yet another development within the Company comes to light by reason that at this juncture on 2.8.1992 the Petitioner No. 1 addressed a letter to the Company putting it on notice of his right to some 14,283 shares of his late father MMI by way of transmission, given that ......az Rahman, Advocate-For the Respondents. Company Matter No. 40 of 1994. Judgment Syed Refaat Ahmed J.- This Application as filed in 1994 under Section 38 of the Companies Act, 1913 for a rectification of share register has finally come to be disposed of fourteen years later by thi..Category: Company Law | Date: 4 Dec, 2008 | Hits: 505
Dewan Joynal Abedin Vs. Husen Ahmed Khan and others, 2008, 37 CLC (HCD)
.... Abul Kashem Bhuiyan, Advocate — For Opposite Party No. 1. Civil Revision No. 3255 of 2008. Judgment SK Sinha J. - This Rule at the instance of the pre-emptee is against an order dated 7th February, 2008 of the learned District Judge, Brahmanbaria in Miscellaneous Appeal No.57 ......rned District Judge dismissed the appeal on default. 3. It is contended that the pre-emptee petitioner has no knowledge about the tendency of the appeal before the learned District Judge as no notice has been served upon him and, as a result, the appeal has been dismissed for default by the ......d under rule 17 of Order XLI of the Code of Civil Procedure, the petitioner should avail the specific remedy by way of an application under Order XLI, rules 19 or 19A of the Code of Civil Procedure for re-admission of the appeal and should not move to the High Court Division in revisional jurisd..Category: Property Law | Date: 2 Dec, 2008 | Hits: 7
Habibur Rahman Molla Vs. State, 2008, 37 CLC (HCD)
.... Rule was issued, at the instance of the petitioner Habibur Rahman Mollah, the accused of Special Case No. 10 of 2008 arising out of GR Case No. 119 of 2007 corresponding to Ramna Model PS Case No. 6 dated 3-10-2007 under sections 26(2)/27(1) of the Anti-Corruption Ain, 2004 read with section 15 Gha......r, Anti-Corruption Commission lodged an FIR with Ramna Model Police Station alleging, inter alia, that the accused-petitioner Habibur Rahman Mollah, Ex-Member of Parliament, having been served with a notice under Memo No. Dudak 103-2007/(Anu-2)/3152 dated 29-5-2007 submitted a statement of his asset......the concerned Court at once. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 1, 29 BLD (HCD) (2009) 227. ..Category: Anti-Corruption Laws | Date: 20 Nov, 2008 | Hits: 157
Abdul Hai (Md.) Vs. Bangladesh and others, 2008, 37 CLC (HCD)
....d. Yousuf Ali, Advocates — for the petitioner. Salahuddin Ahmed, Attorney General — for the Respondents. Writ Petition No. 4081 of 2003 Judgment AFM Abdur Rahman J. - This Rule Nisi, dated 22-6-2003, issued at the instance of the writ petitioner Md. Abdul Hai, has called upon the re....... The writ petitioner again filed an application unsuccessfully before the Director General, Bangladesh Rifles, on 24-7-2002 praying for reconsideration of his discharge and thereafter upon serving a notice demanding justice on 9-10-2002 preferred the instant writ petition and obtained the Rule on 2...... Abdur Rab, 33 DLR (AD) 143; Yeahia Khan Vs. Government of Bangladesh, Writ Petition No. 5284 of 2004 (unreported). Lawyers Involved: Munsurul Hoque Chowdhury with Md. Yousuf Ali, Advocates — for the petitioner. Salahuddin Ahmed, Attorney General — for the Respondents. Writ Petition..Category: Employment/Service Law | Date: 18 Nov, 2008 | Hits: 33
....vision of Rules applicable to his service. 2. The short facts of the case of the petitioner, is that, he was appointed as Security Supervisor of Bangladesh Water Development Board by the office order dated 27-4-1981. Thereafter, he was promoted to the post of Zonal Intelligence Officer by Office Ord...... Enamul Haque whose names were appearing at serial Nos.46 and 47 of the said seniority list which is a clear discrimination done by the respondents, for which the petitioner through his lawyer sent a notice for demanding justice to the respondent Nos. 2-5 but with no result.
3. Thus, the petition......- This Rule at the instance of the petitioner Khabiruddin Ahmed is directed against the respondents to show cause as to why the action of the respondents in not considering the case of the petitioner for promotion should not be declared to have been taken without any lawful authority and is of no le..
Category: Employment/Service Law | Date: 9 Nov, 2008 | Hits: 117
....lah's submission, for example, that the obligations under the two
Letters of Guarantee must not be interpreted as being immediate upon issuance
of the Letters but must rather be seen at the present date as yet to mature
thereby negating any justification for the P&I clubs to be imp leaded in
......the following terms:
"The liability of the surety is coextensive with that
of the principal debtor, unless it is otherwise provide by the contract."
8. Further, this Court has taken notice
that in Imperial Bank Vs. London and St Katherine Docks Company, reported
in [1877]
5 Ch.
......
Judgment
Syed
Refaat Ahmed J. -
These are two Applications filed on behalf of the defendant Nos. 1 and 2 in
both cases under Order I, rule 10 (2) of the Code of Civil Procedure
("Code") for striking out the names of the defendant Nos. 1 and 2
from each of the plaints in the two Suits...
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)
...., she is entitled to file the instant Writ Petition. On 3-10-2000, the Officer-in-Charge of Sonaimuri Police Station, District Noakhali arrested the detenu from his house in connection with GD No.104 dated 3-10-2000 of Begumgonj Police Station under section 54 of the Code of Criminal Procedure (CrPC...... (3) Notification be made in the official gazette directing that the provision of the Act have effect in relation to that State. 13. It seems that the provision of section 4 of the Act escaped the notice of the Ministry of Home Affairs. After more than 7 years it would not be proper to give an op......e Nisi was issued calling upon the respondents to show cause as to why the detenu Md. Belial Hossain, son of Farid Miah alias Sabid Miah now detained at Noakhali District Jail should not be brought before this Court so that this Court may satisfy itself that he is not being held in custody without l..Category: Criminal Law | Date: 20 Aug, 2008 | Hits: 20
Ayub Ali alias Mukul Vs. State, 2008, 37 CLC (HCD)
....edure calling upon the opposite party to show cause as to why the impugned proceeding of GR Case No. 77 of 2006 corresponding to TR No. 765 of 2006 arising out of Munshiganj Police Station Case No. 3 dated 2-3-2006 under sections 406/420 of the Penal Code pending in the Court of Magistrate, 1st Clas...... in the Court of Magistrate, 1st Class. Cognizance Court No. 1, Munshiganj is hereby quashed. Communicate this Judgment at once. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 52. ...... 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 inducement for getting the loan money from the informant was made. The accused petitioner took the money from t..Category: Criminal Law | Date: 14 Aug, 2008 | Hits: 28
....isi was issued calling upon the respondents to show cause as to why respondent No. 4 should not be directed to hand over the seven children described in paragraph No. 3 of the supplementary affidavit dated 18.6.2006, to the custody of the Bangladesh Jatiyo Mahila Ainjibi Samity (the petitioner herei......arrive at a correct decision as to the custody of the seven children, we are of the opinion that prior to pronouncement of the judgment there should be a DNA test.
It has been brought to our notice that the alleged mother (respondent No. 6) has been in jail custody on the charge that she cl................. Respondents
Judgment
August 14, 2008.
Result:
The Rule and the supplementary Rule are made absolute.
Words and Phrases
DNA
DNA stands for ‘Deoxyribonucleic Acid’, a molecule that contains all of our genetic information. By examini..
Category: Women and Children | Date: 14 Aug, 2008 | Hits: 201
54885284918084709203918391788537866487118062343786638033848181798653845685064126