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Bangladesh Jatiyo Mahila Ainjibi Samity (BJMAS) Vs. Ministry of Home Affairs and Others, 2008, 37 CLC (HCD)

....y Mrs. Fauzia Karim Feroz and Ms. Alina Khan respectively until further order. The new custodians are directed to take utmost care of the children who must be kept under the constant watch of a child specialist.   The Chairman, Forensic Medicine, Dhaka Medical College is directed to form a 3...... hence a court is in no case bound to deliver a child into the custody of any claimant or of any person, but should, in the exercise of a sound discretion, after a careful consideration of the facts, leave it in such custody as the welfare of the child at the time appears to require. In short, the c..

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)

....Cases 830, AIR 1947 Madras 322 that unless jurisdiction is provided in the Companies Act the petitioner cannot come to this Court for violation of any provisions of the Act. The Company Court has a special company jurisdiction and that jurisdiction has to be found from specific provisions of the......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)

....he Supreme Court being the apex judicial organ of the State is not empowered within our constitutional framework to appoint its own judges at its own initiative, rather the Constitution has laid down special provision for appointment of judges by the President following the Rules of Business (?). ......ressed its view in favour of justiciability of President's satisfaction in the matter of promulgating Ordinance by holding thus: "It is arguable that the 44th Constitution Amendment Act leaves no doubt that judicial review is not totally excluded in regard to the question relating to t..

Category: Constitutional Law | Date: 7 Aug, 2008 | Hits: 236

Mohammad Nasim Vs. State and another, 2008, 37 CLC (HCD)

....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

Md. Mafizur Rahman Tutu and others Vs. State, 2008, 37 CLC (HCD)

....n 1985 BLD (AD) 278 wherein it has been held: "Offence under the Drug Ordinance-Forum for investigation and trial- The proceedings before the Magistrate was without Jurisdiction inasmuch as special procedure has been provided for investi­gation of the offence by designated class of off......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)

....persons and lodged the Firs information Report. 3. After completion of investigation po­lice submitted charge sheet in the case against the petitioner and another under section 25B(2) of the special powers Act, 1974. 4. The accused petitioner and another were put on trial before the sp......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)

.... the child, its parents, guardians, extended family members as well as social welfare agencies must be considered. 6. Where the best interests of the child demands its separation from its parents, special protection and assistance must be provided and there must be alternative care for the child.......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

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. ......of 2008. (From the judgment and order dated 26.11.2007 passed by the High Court Division in Writ Petition No.5937 of 2003.) Judgment Md. Abdul Matin J.- This petition for leave to appeal is directed against the judgment and order dated 26.11.2007 passed by the High Cour..

Category: Trust/Waqf Law | Date: 22 Jul, 2008 | Hits: 166

Reckitt Benckiser (Bangladesh) Ltd. Vs. Oram Limited, Sale Centre, 2008, 37 CLC (HCD)

....mpowered the Directors to decide and fix up what pow­ers will be exercised by the Managing Direc­tors including the power to withdraw, alter or vary all or any of such powers. Article 131 has specially provided that all Board meetings shall be held in Bangladesh and the Directors shall be en......y;trict Judge by his order dated 25.7.2007 fixed 9.8.2007 for hearing the maintainability of the application and then the hearing was ad­journed to 16.8.2007 as the learned District Judge went on leave. On 16.8.2007 the oppo­site party entered appearance in the said arbi­tration miscella..

Category: Alternative Dispute Resolution | Date: 13 Jul, 2008 | Hits: 18

Khairul Amin and others Vs. Md. Saidul Hoque & another, 2008, 37 CLC (HCD)

.... Code of Civil Procedure is not called for. Accordingly, this Rule is discharged without any order as to costs. Ed. This Case is also Reported in:  61 DLR (HCD) (2009) 252. ...... Code of Civil Procedure is not called for. Accordingly, this Rule is discharged without any order as to costs. Ed. This Case is also Reported in:  61 DLR (HCD) (2009) 252. ..

Category: Evidence Law | Date: 19 Jun, 2008 | Hits: 8

Ahmed Hossain (Md.) and others Vs. Nasima Khatun and another, 2008, 37 CLC (HCD)

....out taking the recourse laid down in section 28 of the Ain, 2000; filed a fresh complaint being the instant case. 14. The Nari-o-Shishu Nirjatan Daman Ain, 2000 is undoubtedly, a "Special Law" A special law means a law enacted for special cases, in special circumstances in contra­distinction t....... Accordingly, the accused appellants are discharged from the charge. Office is directed to communicate the order at once. Ed. This Case is also Reported in: 13 BLC (HCD) (2008) 828. ..

Category: Women and Children | Date: 18 Jun, 2008 | Hits: 28

City Bank Ltd. Vs. Artha Rin Adalat No.1 Dhaka and others, 2008, 37 CLC (HCD)

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

....en may be defamed in the society, which may perhaps out caste her from our religious conservative society. A court must not rely upon any untested allegation, in order to make a decisive decision, specially when the same has the effect of depicting a woman with unchastety coupled with interfer­...... these facts may be proved at the time of trial. The respondent is living separately with Rajeeb Samdani being disclosed by the appellant. There is also every possibility that the respondent might leave the country with the child. So for better care and welfare of the minor girl Radyna the order..

Category: Family Law | Date: 17 Jun, 2008 | Hits: 19

Golam Md. Shiblee Vs. Second Labor Court, 2008, 37 CLC (HCD)

....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

State Vs. Ershad Sheikh, 2008, 37 CLC (HCD)

....vidence recorded by the Tribunal. Send down the lower Court's records with a copy of this judgment for information and compliance. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 183. ......vidence recorded by the Tribunal. Send down the lower Court's records with a copy of this judgment for information and compliance. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 183. ..

Category: Women and Children | Date: 17 Jun, 2008 | Hits: 157

AKM Nazimuddin Vs. Md. Delwar Hossain and others, 2008, 37 CLC (HCD)

....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. ...... said statements it appears that the pre-emptor at the time of institution of the pre-emption case has deposited partial consideration money along with compensation at his own risk and without taking leave of the Court abandoning his right of pre-emption in respect of one of the holdings. 15. I..

Category: Property Law | Date: 11 Jun, 2008 | Hits: 12

Unilever Bangladesh Ltd. Vs. Chairman, National Board of Revenue and others, 2008, 37 CLC (HCD)

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

....ng up of this Order and to report the compliance thereof within 1(one) week thereafter. There is no order as to costs. Ed. This Case is also Reported in: 28 BLD (HCD) (2008) 635. ......ng up of this Order and to report the compliance thereof within 1(one) week thereafter. There is no order as to costs. Ed. This Case is also Reported in: 28 BLD (HCD) (2008) 635. ..

Category: Company Law | Date: 11 Jun, 2008 | Hits: 43

Haji Nasirullah and another Vs. Government of Bangladesh and others, 2008, 37 CLC (HCD)

....ed. No order as to costs. The Rule issued in Writ Petition No.3071 of 2008 is discharged without any order as to costs. Ed. This Case is also Reported in: 29 BLD (HCD) (2009) 7. ......ed. No order as to costs. The Rule issued in Writ Petition No.3071 of 2008 is discharged without any order as to costs. Ed. This Case is also Reported in: 29 BLD (HCD) (2009) 7. ..

Category: Property Law | Date: 8 Jun, 2008 | Hits: 11

Tasmima Hossain Vs. Anti-Corruption Commission and others, 2008, 37 CLC (HCD)

.... 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. ......r the Arms Act, 1878 challenged an action of the authority canceling his license to possess arms and ammunition. 30. In the cases of Monsur Ali and Alamgir relied upon by Md. Khorshid Alam Khan, leave was refused by the Appellate Division against orders of this Division passed in revision and m..

Category: Anti-Corruption Laws, Criminal Law | Date: 8 Jun, 2008 | Hits: 7