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

....n: 61 DLR (HCD) (2009) 371. ......bsp; (Special Original Jurisdiction)  Present:  Syed Mahmud Hossain J  Farid Ahmed J  Bangladesh Jatiyo Mahila Ainjibi Samity (BJMAS)....... ....Petitioner  Vs.  Ministry of Home Affairs and Others.............. Respondents  Judgment  ......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. ......(FB).  Lawyers Involved:  Mrs. Fawzia Karim Firoze with Mrs. Rebaka Sultan and Mrs. Sathi Shajahan-for the petitioner.  M. Sajawar Hossain-for respondent Nos.4 and 6.  Md. Asaduzzaman-for respondent No.5.  Mahmudul Islam-Amicus Curiae.  Writ Petition N..

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)

....tion 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 Bangladesh Supreme Court as provided in section 2(d) of the Companies Act, 1994. The provision of s...... Supreme Court High Court Division (Special Original Jurisdiction) Present: AFM Abdur Rahman J SM Emdadul Hoque J AKM Kamruzzaman Khan …………Petitioner Vs. Registrar, Joint Stock Companies and Firms Dhaka and 6 others …………Respondents ......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. ......mpany Bench to exercise any jurisdiction regarding any dispute arising out of the provision of section 193 of the Companies Act, 1994................................(13) Case Referred to- Md. Idris Vs. East Pakistan Timber Merchants Group, 20 DLR (SC) 335; Abdul Muhith Vs. Social Invest..

Category: Company Law | Date: 12 Aug, 2008 | Hits: 18

Idrisur Rahman (Md) Vs. Bangladesh, 2008, 37 CLC (HCD)

....A Rashid J Nazmun Ara Sultana J Md. Ashfaqul Islam J Idrisur Rahman (Md)……………………………Petitioner Vs. Bangladesh……………………………&h......t: MA Rashid J Nazmun Ara Sultana J Md. Ashfaqul Islam J Idrisur Rahman (Md)……………………………Petitioner Vs. Bangladesh…………………………&......absolutely against rationale. In the case of Kudrat-e-Elahi Panir, 44 DLR (AD) 319, the President's Ordinance making power was questioned on the plea of malafide and colourable exercise of power, Shahabuddin Ahmed CJ repelled the argument by holding at paragraph 36 as under: "The quest......d. This Case is also Reported in: 60 DLR (2008) 714. ..

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

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

....y his representative and subse­quently he submitted a supplementary state­ment of wealth to the A.C.C.; that he was the son of Ex-Prime Minister late M. Mansur Ali, a great hero and organizer of Bangladesh Lib­eration War, 1971; that he was an elected Member of Parliament for four terms and a......isdiction) Present: Md. Muzammel Hossain J Syed AB Mahmudul Huq J Mohammad Nasim……………………………………………………………………….Appellant Vs. The State and another…………………………………………………………â€......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. ......unicate the order. Ed. This Case is also Reported in: 28 BLD (HCD) (2008) 483. ..

Category: Criminal Law | Date: 6 Aug, 2008 | Hits: 4

S.M. Mohiuddin Hossain Vs. Jalalabad Co-Operative Housing Society Limited and others, 2008, 37 CLC (HCD)

.... time of issuance of the rule is hereby vacated. The 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) 135. ......(Civil Jurisdiction) Present: Syed Abu Kowser Md. Dabirush-Shan J S.M. Mohiuddin Hossain…………………………Petitioner Vs. Jalalabad Co-Operative Housing Society Limited and others………….O...... time of issuance of the rule is hereby vacated. The 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) 135. ......th a copy of the judgment. Ed. This Case is also Reported in: 29 BLD (HCD) (2009) 135. ..

Category: Civil Law, Property Law | Date: 5 Aug, 2008 | Hits: 4

Motahera Begum and others Vs. Abdul Monaf and others, 2008, 37 CLC (HCD)

....n No.1. The plaintiff’s predecessor was a sailor and that he had no land and property of his own. During the liberation war he was in West Pakistan and he was in service and after liberation of Bangladesh he came to Bangladesh. Since the predecessor of the plaintiffs have no land they improved......resent: Syed Abu Kowser Md. Dabirush-Shan J Motahera Begum and others…………………………………Petitioners Vs. Abdul Monaf and others……………………&hell......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. ......f the judgment. Ed. This Case is also Reported in: 29 BLD (HCD) (2009) 402. ..

Category: Property Law | Date: 30 Jul, 2008 | Hits: 2

Md. Karamot Ali Alias Rafique Alias Rafiqul Islam Vs. The State, 2008, 37 CLC (HCD)

....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.       ......ourt Division (Criminal Jurisdiction) Present: Sheikh Rezowan Ali J Md. Rais Uddin J Md. Karamot Ali Alias Rafique Alias Rafiqul Islam………Petitioner Vs. The State…………………………&h......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.       ...... 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)

.... Supreme Court in People’s Union for Civil Liberties Vs. Union of India, 1997 SCC (Cri) 434; Minister for Immigration and Ethnic Affairs Vs. Teoh, (1995) 69 LJ 423, Hussain Muhammad Ershad Vs. Bangladesh 2001 BLD (AD)69=7 BLC (AD)67. Lawyers Involved: Ms. Fahima Nasrin, Advocate with Ms......D) 660. ......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. ......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. ......ion (Civil) Present: Mohammad Fazlul Karim J Md. Joynul Abedin J Md. Abdul Matin J Kazi Salahuddin……………….......Petitioner Vs. Kazi Badruzzahedin (Dabir) and others........Respondents Judgment J......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. ...... 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)

....eported in: 29 BLD (HCD) (2009) 238. ...... Reckitt Benckiser (Bangladesh) Ltd……………………………………………….Petitioner Vs. Oram Limited, Sale Centre……………………&h...... 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. ......gment 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)

....h any other case. Send down the lower Court's records along with a copy of judgment expeditiously. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 713, 29 BLD (HCD) (2009) 189. ......e case must be held to be no proper finding in the eye of law…………………………..(68) Cases Referred to-  Mobarak Ali Gazi Vs. State, 55 DLR 325; Babu Khan Vs. State, 55 DLR 547; Abdur Rashid Vs. State, 27 DLR (AD) 1; State......h any other case. Send down the lower Court's records along with a copy of judgment expeditiously. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 713, 29 BLD (HCD) (2009) 189. ...... is also Reported in: 61 DLR (HCD) (2009) 713, 29 BLD (HCD) (2009) 189. ..

Category: Evidence Law | Date: 29 Jun, 2008 | Hits: 175

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. ...... Supreme Court High Court Division (Civil Revisional Jurisdiction) Present: Bijan Kumar Das J Khairul Amin and others………………………….Petitioners Vs. Md. Saidul Hoque & another.............Opposite Parties Judgment June 19, 20...... 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. ......reme Court High Court Division (Civil Revisional Jurisdiction) Present: Bijan Kumar Das J Khairul Amin and others………………………….Petitioners Vs. Md. Saidul Hoque & another.............Opposite Parties Judgment June 19, 2008. ..

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

Shafiqul Islam (Md.) and others Vs. State, 2008, 37 CLC (HCD)

....hey misuse the privilege of bail in any manner whatsoever. Office is directed to communicate the order at once. Ed. This Case is also Reported in: 13 BLC (HCD) (2008) 915.  ...... Court Division (Criminal Miscellaneous Jurisdiction) Present: Md. Abdul Quddus J SM Ziaul Karim J Shafiqul Islam (Md.) and others.................Accused-Petitioners Vs. State………….......Opposite Party Judgment June 19, 2008. Result: ......hey misuse the privilege of bail in any manner whatsoever. Office is directed to communicate the order at once. Ed. This Case is also Reported in: 13 BLC (HCD) (2008) 915.  ......at once. Ed. This Case is also Reported in: 13 BLC (HCD) (2008) 915.  ..

Category: Criminal Law | Date: 19 Jun, 2008 | Hits: 2

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

....azal Hossain, 44 DLR (AD) 260; Wolverhampton New Waterworks Co. Vs. Hawkesford, 6 CBN 6.336; House of Lords in Nevile Vs. London Express Newspaper, 1991 AC 368; Jogesh Chandra Dutta Vs. Government of Bangladesh, 30 DLR 219; Rafiqul Alam Vs. Mostafa Kamal, 42 DLR (AD) 137; Kamruzzaman Vs. State, 1990...... Court Division (Criminal Appellate Jurisdiction) Present: Md. Abdul Quddus J SM Ziaul Karim J Ahmed Hossain (Md.) and others……………………Accused Appellants Vs. Nasima Khatun and another……………………….....Respondents Judgment Ju....... 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. ......mmunicate 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)

....ector, Rupali Bank Limited Vs. Tafazzal Hosaain, 44 DLR (AD) 260; Mir Motiur Rahman Vs. Artha Rin Adalat, 15 BLT (AD) 267; Arfanuddin Akank Vs. Artha Rin Adalat, 15 BLT 343; Sujit Kumar Mondal Vs. Bangladesh, 13 BLC 391. Lawyers Involved: MR Hasan, Advocate - For the Petitioner. ...... Supreme Court High Court Division (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 Judgmen......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. ......Adalat, 15 BLT (AD) 267; Arfanuddin Akank Vs. Artha Rin Adalat, 15 BLT 343; Sujit Kumar Mondal Vs. Bangladesh, 13 BLC 391. Lawyers Involved: MR Hasan, Advocate - For the Petitioner. Md. Mozibur Rahman Miah, Advocate - For the Respondent No.2. Writ Petition No.699 of 2005. ..

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

Nadia Khalil Vs. Rudess Karim, 2008, 37 CLC (HCD)

....of the suit and to produce Radyna Karim before the court and the other praying for injunction against the defendant-father of the minor girl, restraining him from taking away the minor girl out of Bangladesh. The defendant Mr. Rudess Karim after taking ad­journments on some occasions did not pr......me Court High Court Division (Civil Jurisdiction) Present: AFM Abdur Rahman J Nadia Khalil, Daughter of Khalilur Rahman Chowdhury………………………Petitioner Vs. Rudess Karim, Son of Rafiul Karim…………………………………………………...... 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.  ...... 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 Laily Begum Jalil, 18 BLD (AD) 21; Md. Abu Baker Siddique Vs. S.M.A. Bakar and ors., 38 DLR (AD) 106; Rahimullah Chowdhury Vs. Mrs. Sa..

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

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

.... Judgment June 17, 2008. Result: The Rule is discharged without any order as to cost. Case Referred to- James Finally PLC Vs. Chairman 2nd Labors Court, 57 DLR (AD) 196: Bangladesh Supreme Court Reports (1978) 467: 32 DLR 36: 34 DLR 1; Mostafa Miah Vs. First Labor Court......ivision (Special Original Jurisdiction) Present: Mir Hashmat Ali J SM Emdadul Hoque J Golam Md. Shiblee, Manager Jaghcharra Tea Estate ……………………Petitioner Vs. Second Labor Court ……………………..........................................Respon......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. ......ase 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. ...... 63 DLR (HCD) (2011) 183. ......e stated that on 22-4-2004 as the Lecturer of Forensic Department of Faridpur Medical College Hospital he held mortem examination of the dead body of deceased Sumi brought and identified by Constable Shahadat Hossain and found one circular transverse ligature mark, 1" wide on the middle of the neck,......n Begum Vs. State, 51 DLR (AD) 18; 51 DLR (AD) 18; Abdur Rahman Vs. State, 51 DLR (AD) 33; Firoz Miah Vs. State, 51 DLR 37; State Vs. Eunus Kha, 5 BLC 353; State Vs. Bahar Miah, 56 DLR 454; State Vs. Md. Abu Taher, 56 DLR 556; Abdul Kader Vs. State, 11 BLC 669; 44 DLR (AD) 260. Lawyers Involved: ..

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. ......vil Revisional Jurisdiction) Present: SAN Mominur Rahman J Shahidul Islam J AKM Nazimuddin………………………Petitioner Vs. Md. Delwar Hossain and others…………………&helli......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. ......ional Jurisdiction) Present: SAN Mominur Rahman J Shahidul Islam J AKM Nazimuddin………………………Petitioner Vs. Md. Delwar Hossain and others……………………&hellip..

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

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

.... DLR (HCD) (2009) 156. ...... Court High Court Division (Special Original Jurisdiction) Present: Mirza Hussain Haider J Mamnoon Rahman J Unilever Bangladesh Ltd. …………….Petitioner Vs. Chairman, National Board of Revenue and others………………Respondents Judgment ......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