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Subrata Majumder @ Liton Vs. State, 2009, 38 CLC (HCD)

....at liberty to cancel his bail if the privilege of bail is misused by him in future. Ed. This Case is also Reported in: 16 BLC (2011) 828. ......hishu Nirjatan Daman Tribunal, Bagerhat who however is at liberty to cancel his bail if the privilege of bail is misused by him in future. Ed. This Case is also Reported in: 16 BLC (2011) 828. ...... is that the accused persons including the appellant on the night of occurrence abducted the victim Barnali. Then some of them committed rape upon her, spread fire on her body caused her death. After recovery of the dead body her father lodged FIR with Rampal Police Station. During investigation of ......hishu Nirjatan Daman Tribunal, Bagerhat who however is at liberty to cancel his bail if the privilege of bail is misused by him in future. Ed. This Case is also Reported in: 16 BLC (2011) 828. ..

Category: Women and Children | Date: 5 Feb, 2009 | Hits: 127

Abdul Latif Howlader and others Government of Bangladesh and others, 2009, 38 CLC (HCD)

....orted in: 29 BLD (HCD) (2009) 280.   ...... 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......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.   ......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.   ..

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)

....is made abso­lute. Cases Referred to- H.M. Ershad Vs. Bangla­desh, 2001 BLD (AD) 69; Apparel Export Promo­tion Council Vs. Chopra, AIR 1999 SC 625; Ms. Humaira Mehmood Vs. The State, PLD 1999 Lahore 494. Lawyers Involved: Sara Hossain-For the petitioners. Md. Ruh......rity and in an unlawful manner. 38. There is no order as to costs. I Agree Quamrul Islam Siddiqui J. Ed. This Case is also Reported in: 29 BLD (HCD) (2009) 183.   ......a.m. without fail. Notices were duly served upon the respon­dents but they neither appeared nor produced the detenu before the Court. 17. Afterwards, the petitioners filed an application for recovery and production of the detenu. On 10.11.2008, we directed the In­spector General of Poli......rity and in an unlawful manner. 38. There is no order as to costs. I Agree Quamrul Islam Siddiqui J. Ed. This Case is also Reported in: 29 BLD (HCD) (2009) 183.   ..

Category: Women and Children | Date: 19 Jan, 2009 | Hits: 10

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

.... 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 registered deed of ......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. ......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)

....…...Opposite Parties Judgment December 18, 2008. Result: The Rule is made absolute without any order as to cost. Case Referred to Prodip Kumar Chkraborty Vs. Jamila Khatun Bibi, 51 DLR (AD) 156. Lawyers Involved: MI Farooque with Subrata Chowdhury and Ru......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. ......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)

....rned 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. ......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. ......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)

.... cost. The Anti Corruption Commission Act, 2004 (Act No. V of 2004); Section 32 (1) & (2) The Anti Corruption Commission Rules, 2007; Rule 15 (2) 'Sanction' is an administrative act and isn’t subject to any judicial scrutiny……………........ 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. ...... 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)

....o order as to costs. Ed. This Case is also Reported in: 29 BLD (HCD) (2009) 206. ......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. ...... 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)

....i J Md. Ashfaqul Islam J Abul Kashem (Md.)……………………Petitioner Vs. Government of Bangladesh represented by the Secretary, Ministry of Local Government and Co-operatives and others………………Respondents Judgment November 27, 2008. Result: ......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.  ......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)

.... immediately for information and necessary action. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 505. ......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. ......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)

....py 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. ......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. ......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)

....(Md.)……………Petitioner Vs. Bangladesh and others……………Respondents Judgment November 18, 2008. Result: The Rule is disposed of. Case Referred to- Col. Md. Hashmat Ali (Retired) Vs. Government of Bangladesh, 47 DLR (AD) 1; Bangladesh Vs. Md. Abdur Rab, 33 DLR (......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. ......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)

.... Cases Referred to-  Abdur Razzaque Zoarder Vs. Government of Bangladesh, 58 DLR 245; Udayan Garments (Pvt) Ltd. Vs. Bangladesh, 59 DLR 615. Lawyers Involved:  Md. Oziullah, Advocate — For the Petitioner. Md. Zainul Abedin, Advocate — For the Respondents. Writ Petition......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......ving promotion to the post of Deputy Director as per provision of Bangladesh Water Development Board (Employees) Service Rules. 1982. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 689. ......ving promotion to the post of Deputy Director as per provision of Bangladesh Water Development Board (Employees) Service Rules. 1982. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 689. ..

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)

....nts. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 638; 15 MLR (HCD) (2010) 1. ......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......ed heirs of the principal debtors enjoy the right and privilege and are exempted from suffering civil imprisonment. The legislature promulgated Artha Rin Adalat Ain 2003 (Act VIII of 2003) for speedy recovery of debts from the defaulting borrowers. The intention of the legislature is also to protect......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)

....whom the case is pending for trial. Communicate the order at once. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 807. ......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. ...... 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)

....ly by 4-1-2009. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 244. ...... 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. ......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)

.... Vs. Government of Bangladesh and others………............Respondents Judgment August 20, 2008. Result: The Rule is made absolute. Case Referred to- Abdul Abedin Abdul Vs. State, 53 DLR 109. Lawyers Involved: AM Mahbub Uddin, Advocate - For the Petitioner.  Ra......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. ......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)

....h Court Division (Criminal Miscellaneous Jurisdiction) Present: Tariq-ul-Hakim J Sheikh Abdul Awal J Ayub Ali alias Mukul ……………..Accused Petitioner Vs. State ……………….......................Opposite Party Judgment August 14, 2008. ......¦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. ...... 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

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

....LR (HCD) (2009) 371. ...... was rejected by the Chief Metropolitan Magistrate as well as by the Nari-O-Shishu Nirjatan Damon Adalat No. 4, Dhaka. Mrs. Anowara Rahman, wife of respondent No. 4, gave birth to seven children at a time in absence of any doctor and the news was published in different papers and electronic media.&n......or DNA test. The Nari-O-Shishu Nirjatan Case pending in the Court below shall proceed as usual.  Farid Ahmed J.- I agree.  This Case is also Reported in: 61 DLR (HCD) (2009) 371. ......or DNA test. The Nari-O-Shishu Nirjatan Case pending in the Court below shall proceed as usual.  Farid Ahmed J.- I agree.  This Case is also Reported in: 61 DLR (HCD) (2009) 371. ..

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)

....Act No. 18 of 1994); section 193 Refusal by the Registrar of the Joint Stock Companies and jurisdiction of the High Court Division Section 193 of the Companies Act, 1994 has not been articulated as a provision, which comes under the ambit of the Company Bench of the High Court Division of......he writ petitioner submitted an application before the respondent No. 7 on 2-5-2006 praying for execution of the deed of sale of Kuliarchar Ground Nut Mills in favor of the Company. At the relevant time the respondent Nos. 2-6 without any permission of the Board of Directors of the company start......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. ......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