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Fahima Nasrin Vs. Government of Bangladesh and others, 2009, 38 CLC (HCD)

....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 below the age of 16 years at the time of trial, the trial took place in the Court of Sessions Judge and Juvenile Court, Kushtia. At t......the Judiciary. Let the lower Court records be transmitted at once along with a copy of this judgment. Sheikh Abdul Awal J. - I agree. This Case is also Reported in: 61 DLR (HCD) (2009) 232. ..

Category: Women and Children | Date: 11 Feb, 2009 | Hits: 189

A. J. M. Helal & others Vs. Bangladesh and others, 2009, 38 CLC (HCD)

....months and to pay a fine of Tk.33,74,337/-. He finally adds that by now it has been well settled specially in Artho Rin Adalat Ain that the provision for depositing 50% of the decreetal amount at the time of preferring appeal is well maintained and it cannot be said that the defaulters have lost the......surrender their respective bail bond within 2 (two) months from date. Communicate this judgment at once. Ed. This Case is also Reported in:  29 BLD (HCD) (2009) 264.   ..

Category: Corporate Law | Date: 9 Feb, 2009 | Hits: 5

AJM Helal Vs. Bangladesh and others, 2009, 38 CLC (HCD)

....g the said view in mind the legislature in applying their wisdom made amendment in section 138 of the Negotiable Instruments Act providing to deposit not less than 50% of the dishonored cheque at the time of filing an appeal in the Court which awarded the sentence………………………………......rs are directed to surrender their respective bail bond within 2(two) months from date. Communicate this judgment at once. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 479. ..

Category: Civil Law | Date: 9 Feb, 2009 | Hits: 45

Sontosh Kumar Shaha Vs. Government of Bangladesh and others, 2009, 38 CLC (HCD)

....not be de­clared to have been made without lawful au­thority and to be of no legal effect and/or to pass such other or further order or orders as to this Court may seem fit and proper. At the time of issuance of the rule the petitioner ob­tained an order of stay of the operation of the i......s judgment at their end. 72. However, there shall be no order as to costs. Ed. This Case is also Reported in: 29 BLD (HCD) (2009) 301.         ..

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)

.... posts specified in the said memo. It was mentioned in the said memo that approval of the Ministry of Finance was to be taken in due course, and accordingly their salaries were approved. In course of time, out of the 41 persons dis­placed by the termination of the Forest Re­sources Managemen......ied. Subsequently, out of the remaining 17, apart from the seven petitioners and one other, who has become insane, the remaining displaced employees were transferred into vacant posts of the same pay scale under the revenue budget. The Bangladesh Forest Research Institute, Chittagong has all along r..

Category: Administrative Law, Employment/Service Law | Date: 21 Jan, 2009 | Hits: 1

Tashin Ali (Md.) Vs. Md. Shamsul Hoque and others, 2009, 38 CLC (HCD)

....mption cannot ignore and deny the existence of Rent suit as well the title and status of the pre-emptor as claimed. 13. Both the Courts below concurrently found that the case was filed well within time and there is no legal impediment to allow the pre-emption and, as such, both the Courts below c......ent of the Courts below are hereby affirmed. The order of stay passed earlier is hereby vacat­ed. Send down the LC records. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 220. ..

Category: Property Law | Date: 15 Jan, 2009 | Hits: 38

Gour Netai Sri Sri Modan Mohan Das Bigraha Vs. Jahanara Islam Chowdhury and others, 2008, 37 CLC (HCD)

....protect the property of the deity, he presented aforesaid appeal as next friend of the deity before the District Judge at Dhaka against said ex parte decree dated 29-5-86. As the appeal was out of time by 8007 days, he also made an application under section 5 of the Limitation Act, 1908 for cond......pect of possession until disposal of the aforesaid matter by the learned District Judge. Send down the record at once. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 141. ..

Category: Hindu Law | Date: 18 Dec, 2008 | Hits: 22

James Finaly Pic. Chittagong Vs. Government of Bangladesh and others, 2008, 37 CLC (AD)

....ort Authority or its officers whereas the respondent No.2 caused their appearance in the instant writ petition; that the High Court Division erred in not allow­ing the prayer of the appellant for time to amend the prayer portion of the petition of inclusion of the name of the other respondents f......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. ..

Category: Civil Law | Date: 17 Dec, 2008 | Hits: 7

Nazimuddin (Md.) Chairman Vs. Government of Bangladesh, 2008, 37 CLC (HCD)

.... Central Jail. 3. As the petitioner was in the jail custody he could not furnish the statement of assets pursuant to the aforesaid notice issued by the respondent No. 2 upon him within the given time of seven days and later on 9-10-2008 he prayed to the respondent No. 2 for extension of time to...... and discussions as made above, we do not find any merit in this Rule which is accordingly, discharged without any order as to cost. This Case is also Reported in: 61 DLR (HCD) (2009) 81. ..

Category: Anti-Corruption Laws | Date: 4 Dec, 2008 | Hits: 149

MM Ali Ispahani Vs. MM Ispahani Ltd., 2008, 37 CLC (HCD)

....arises in the context of facts and issues pertaining to the Respondent No.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 simultaneou...... Trust is being handed back to the learned Advocate for the Respondent Nos. 1 to 6 today. There is no order as to costs. Ed. This Case is also Reported in: 29 BLD (HCD) (2009) 206. ..

Category: Company Law | Date: 4 Dec, 2008 | Hits: 505

Abul Kashem (Md.) Vs. Government of Bangladesh and others, 2008, 37 CLC (HCD)

....o 2005) was not in existence and for that reason the petitioners cannot be debarred from contesting the election of the Managing Committee of the Sonar Bangla Samabai Cotton Mills Ltd for the third time which is absolutely in accordance with law. 8. Mr. Md. Abdul Samad Kamal, the learned De......ithout any order as to cost. The order of stay granted earlier by this Court is hereby vacated and recalled. Ed. This Case is also Reported in:  61 DLR (HCD) (2009) 249.  ..

Category: Others | Date: 27 Nov, 2008 | Hits: 4

Kamal Hossain (Md.) alias Md. Kamal Pramanik Vs. State, 2008, 37 CLC (HCD)

....ought a bearded man (fake Moulvi) who recited some Quranic verses to the couple and then declared that their marriage has been performed and they can lead their lives as husband and wife. From that time, this convict beyond the knowledge of everybody used to mix with the victim freely and due to ......he LC records along with a copy of this judgment to the Tribunal concerned immediately for information and necessary action. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 505. ..

Category: Women and Children | Date: 23 Nov, 2008 | Hits: 7

Habibur Rahman Molla Vs. State, 2008, 37 CLC (HCD)

....endment Act, 1958 (Act No. XL of 1958); section 6A Since consequence has not been given under Rule 10 of the ACC Rules, 2007 or section 6A of the Act, 1958 in case of failure to oblige the "time-limit" as such the accused cannot derive any benefit out of it………&hel......acated. Let a copy of this judgment and order along with the LCR be sent to 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)

....ral Rajik Al Jalil entered appearance on behalf of the respondents and preferred affidavit-in-opposition on behalf of the respondent No. 2, the Director General of the Bangladesh Rifles. 5. At the time of hearing of the Rule the learned Advocate Mr. Md. Yousuf Ali represented the writ petitioner,......y his all retirement benefits as he is entitled under the law prevailing up to date. However, there shall be no order as to costs. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 485. ..

Category: Employment/Service Law | Date: 18 Nov, 2008 | Hits: 33

Khabiruddin Ahmed Vs. Government of the People's Republic of Bangladesh and others, 2008, 37 CLC (HCD)

....ent in exercise of power conferred by Article 33 of the Bangladesh Water and Power Development Boards Order, 1972 (PO 59 of 1972) and the said Rules is existing and enforceable till today. In the meantime Bangladesh Water Development Board Act, 2000 came into force by repealing the PO 59 of 1972. Bu......Promotion in certain cadres.— (1) Posts in the cadre of Chief Engineers, Additional Chief Engineers and Superintending Engineers and Directors, Additional Directors and posts with equivalent pay scales and such other posts as may be specifically notified as such by the Board, from time to time,..

Category: Employment/Service Law | Date: 9 Nov, 2008 | Hits: 117

Akramuzzaman (Md.) alias Babu Vs. Artha Rin Adalat No. 1 Rajbari and others, 2008, 37 CLC (HCD)

....their submissions we have gone through the writ petition, affidavit-in opposition, and other materials on record and given our anxious consideration to their submissions. 13. Admittedly, at the time of institution of the suit the petitioner was not impleaded as a party. He is the son of defend......cate the order at once with a copy of judgment for information and necessary action to all respondents. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 638; 15 MLR (HCD) (2010) 1. ..

Category: Civil Law | Date: 5 Nov, 2008 | Hits: 168

Ziad Ali Gazi (Md.) Vs. State, 2008, 37 CLC (HCD)

....reen colour polythene similar to the polythene earlier seized with the Phensidyl suspecting Ziad Ali to be the owner of the said seized Phensidyl. The informant, unable to arrest the appellant at the time lodged the instant case against the accused-appellant and another unknown person under section ...... satisfaction of the Special Tribunal No. 3, Satkhira before whom the case is pending for trial. Communicate the order at once. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 807. ..

Category: Criminal Law | Date: 28 Oct, 2008 | Hits: 27

United Edible Oils Ltd. Vs. London Steam Ship Owners' Mutual Insurance Association Ltd. and other(s), 2008, 37 CLC (HCD)

.... provide on behalf of an Assured, security to prevent arrest or obtain release from arrest or otherwise in respect of an entered Ship and if it does such Assured shall upon first demand made at any time by the Association in writing arrange such counter-security (which expression may in the Asso......endants in general, and the defendant Nos. 1 and 2 in particular, submit their Written Statements positively by 4-1-2009. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 244. ..

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)

....as allowed. The order dated 16-10-2000 shows that the confessional statement of the detenu was recorded by a Metropolitan Magis­trate Dhaka and the detenu was confined in custody in Dhaka for a long time. Later, he was again taken back to Noakhali. From the affidavit-in-opposition, it appears that ......ias Sabid Miah, of Village Miapur, PS Sonaimuri, District Noakhali be set at liberty forthwith if not wanted in any other connection. Ed. This Case is also Reported in: 13 BLC (HCD) (2008) 843. ..

Category: Criminal Law | Date: 20 Aug, 2008 | Hits: 20

Ayub Ali alias Mukul Vs. State, 2008, 37 CLC (HCD)

....¦â€¦â€¦..Accused Petitioner Vs. State ……………….......................Opposite Party Judgment 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 allegat...... 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. ..

Category: Criminal Law | Date: 14 Aug, 2008 | Hits: 28