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Idrisur Rahman (Md) Vs. Bangladesh, 2008, 37 CLC (HCD)
.... 7, 2008. Result: The Rule is made absolute in part. Cases Referred to- Secretary, Ministry of Finance vs. Masdar Hossain 52 DLR (AD) 82; Ahsanullah vs. Bangladesh 44 DLR 179; Venkata Reddy vs. Andhra Pradesh: AIR 1985 SC 724; Nagraj vs. Andhra Pradesh: AIR 1985 SC 551 A K Roy vs......inister/Chief Adviser). 22. For that reason, the criteria for appointment of judges of the Supreme Court were severely criticized and questioned. Accordingly, to mitigate this pain for the first time a check and balance has been introduced in promulgating the Ordinance. The Ordinance has empowe......e involves substantial questions of law as to the interpretation of the Constitution, which may be decided by the Appellate Division. Ed. This Case is also Reported in: 60 DLR (2008) 714. ......e involves substantial questions of law as to the interpretation of the Constitution, which may be decided by the Appellate Division. Ed. 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)
.... Present: Md. Muzammel Hossain J Syed AB Mahmudul Huq J Mohammad Nasim……………………………………………………………………….Appellant Vs. The State and another…………………………………………………………………Responden......kh Mujib Medical University (BSMMU) Hospital, Dhaka and thereafter he was shifted to Lab Aid Specialised Hospital (LASH). Dhaka on 06.07.2008; that again he suffered brain hemorrhage for the second time on 24.06.2008 and since then he has been in I.C.U. in the Hospital without any improvement. ......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
....Present:
Syed Abu Kowser Md. Dabirush-Shan J
S.M. Mohiuddin Hossain…………………………Petitioner
Vs.
Jalalabad Co-Operative Housing Society Limited and others………….Opposite Parties
Judgm......laintiffs new constructed wall and house. On measurement of the area of land it was found correct that there was a path way from North to South by the eastern side of the suit plot from the time of his predecessor Jafar Ahmed for public use. The defendants have no right title and interest ...... 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.
...... 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.
..
Category: Civil Law, Property Law | Date: 5 Aug, 2008 | Hits: 4
Motahera Begum and others Vs. Abdul Monaf and others, 2008, 37 CLC (HCD)
....lip;………………………Opposite Parties Judgment July 30, 2008. Result: The Rule is discharged. Cases Referred to- Fatema Khatun Vs. Faizal Mia, 21 B.L.D.(H.C) 14; Khurshid Ali and others Vs. Noorjahan Bewa and oth&s......f a conflict between the old Record of right and the recent record of right, recent record of right would prevail in as much as presumption of the record of right loses its weight with the passage of time and entry in the subsequent khatian." 9. The learned Counsel finally submits that the......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. ......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. ..Category: Property Law | Date: 30 Jul, 2008 | Hits: 2
Md. Karamot Ali Alias Rafique Alias Rafiqul Islam Vs. The State, 2008, 37 CLC (HCD)
.... (Criminal Jurisdiction) Present: Sheikh Rezowan Ali J Md. Rais Uddin J Md. Karamot Ali Alias Rafique Alias Rafiqul Islam………Petitioner Vs. The State………………………………&......but examined none as defence witness. 6. The defence case as it appears from the trend of cross examination of the prosecution witnesses, was that there was no such occurrence in the place, time and manner as alleged by the prosecution and the accused petitioner is innocent and he has been......at there was no such occurrence in the place, time and manner as alleged by the prosecution and the accused petitioner is innocent and he has been falsely implicated in the case by showing false recovery of those phensidyls at the instance of local influencial persons who have enmity with the p......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)
..... - I agree. This Case is also Reported in: 60 DLR (HCD) 660. ......their attainment of suitability to get custody of the child. 9. When dealing with children, detention and imprisonment shall be used only as a measure of last resort and for the shortest period of time, particularly keeping in view the age and gender of the child. 10. If detention is inevitabl......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. ......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)
....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. ...... 12. It was further stated that the petitioner No.1 in the writ petition aged about 90 years was seriously sick for about 12 years and was totally unable to look after the wakf estate during this time the respondent No.1 (petitioner No.2 in writ petition) worked for the Wakf Estate. The Wakf ......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. ......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. ..Category: Trust/Waqf Law | Date: 22 Jul, 2008 | Hits: 166
Md. Abdul Jabber Biswas and others Vs. Aysha Khatoon and others, 2008, 37 CLC (HCD)
.... (Civil Jurisdiction) Present: Md. Miftah Uddin Choudhury J Md. Abdul Jabber Biswas and others…………………Petitioners Vs. Aysha Khatoon and others…………………………&hel......lowed the prayer for preemption with concurrent findings which deserve no interference by this revisional court. 10. In the result, this rule is discharged. The order of stay granted at the time of issuance of the rule is hereby recalled and vacated. Send down the Lower Court's Re......er Court's Records immediately. However, there is no order as to costs. Ed. This Case is also Reported in: 29 BLD (HCD) (2009) 28. ......er Court's Records immediately. However, there is no order as to costs. Ed. This Case is also Reported in: 29 BLD (HCD) (2009) 28. ..Category: Property Law | Date: 21 Jul, 2008 | Hits: 3
Md. Abdul Jabber Biswas Vs. Aysha Khatoon and others, 2008, 37 CLC (HCD)
....t: Md. Miftah Uddin Choudhury J Md. Abdul Jabber Biswas and others…………………………… Petitioners Vs. Aysha Khatoon and others…………………………&hel......s allowed the prayer for preemption with concurrent findings which deserve no interference by this revisional court. In the result, this rule is discharged. The order of stay granted at the time of issuance of the rule is hereby recalled and vacated. Send down the Lower Court's Re...... the Lower Court's Records immediately. 13. However, there is no order as to costs. Ed. This Case is also Reported in: 29 BLD (HCD) (2009) 28. ...... the Lower Court's Records immediately. 13. However, there is no order as to costs. Ed. This Case is also Reported in: 29 BLD (HCD) (2009) 28. ..Category: Property Law, Tenancy Law | Date: 21 Jul, 2008 | Hits: 5
Reckitt Benckiser (Bangladesh) Ltd. Vs. Oram Limited, Sale Centre, 2008, 37 CLC (HCD)
....ram Hossain, 29 DLR (SC) 185. Lawyers Involved: Rafique-ul-Huq with Ahsanul Karim, Faheemul Huq and Khairul Alam Chowdhury- For the Petitioner. Amirul Islam with, Tania Amir and Anwar Patwary- For the Opposite Party. Civil Revision No.4613 of 2007. Judgment Md. Abdul Wa......istrict Judge on the application filed by the opposite party under section 151 of the Code. 11. Section 7 of the Act has provided that notwithstanding anything contained in any other law for the time being in force where any of the parties to the arbitration agreement resorts to a legal proceed...... 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. ...... 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. ..Category: Alternative Dispute Resolution | Date: 13 Jul, 2008 | Hits: 18
Abdul Hannan Vs. State, 2008, 37 CLC (HCD)
....ng with a copy of judgment expeditiously. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 713, 29 BLD (HCD) (2009) 189. ...... criminal law The cherished principles or golden thread of proof beyond reasonable doubt which runs through the web of our law field should be respected and should be given due importance at the time of appreciation of evidence……………………&hel......din and Baten killed the victim and that as per his direction, the dead body and head were recovered from the ponds. 40. Now let us see how far the assertion of the extra-judicial confession and recovery of dead body and head has been proved. 41. Mr. Kazi Sajawar Hossain, the learned Advoc......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. ..Category: Evidence Law | Date: 29 Jun, 2008 | Hits: 175
Khairul Amin and others Vs. Md. Saidul Hoque & another, 2008, 37 CLC (HCD)
....amp; another.............Opposite Parties Judgment June 19, 2008. Result: The Rule is discharged without any order as to costs. Lawyers Involved: Saifur Rahman, Advocate — For the Petitioner. Md. Bashiruddin Mia with Sk Rezaul Islam, Advocates — For the Op...... 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. ...... favor of defendant No. 1, who executed an agreement to recover the suit land written by the selfsame deed writer within 3 years on repayment of the consideration money and upon repeated demand to recovery the suit land on accepting the consideration money, the defendant refused and the plaintif...... 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
Shafiqul Islam (Md.) and others Vs. State, 2008, 37 CLC (HCD)
....ion (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: The Rule ......that effect he submits that the occurrence took place on 13-2-2007 and the petitioner Nos. 2 and 3 were arrested by the Police on 28-5-2007 and 8-5-2007 respectively. Subsequently, in between this time on many occasions the petitioners were produced before the Court and informant had the probabi......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. ......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. ..Category: Criminal Law | Date: 19 Jun, 2008 | Hits: 2
Ahmed Hossain (Md.) and others Vs. Nasima Khatun and another, 2008, 37 CLC (HCD)
....charge. Office is directed to communicate the order at once. Ed. This Case is also Reported in: 13 BLC (HCD) (2008) 828. ......raming charge the appellants filed an application under section 265C of the Code of Criminal Procedure for discharging them from the charge stating, inter alia, that earlier over the selfsame date, time, place and manner of occurrence, on 22-11-2006 the complainant filed a petition of complaint be....... 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. ....... 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)
.... 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. ......ountry. Respondent No.2, Agrani Bank as a plaintiff instituted the Artha Rin Suit No.470 of 2004 in the Artha Rin Adalat No.1, Dhaka (hereinafter referred to as "the Adalat") (respondent No.1) for recovery of loan amounting to Taka 46,26,59,843 impleading the petitioner as defendant No.7. The ......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)
.... 16A of the Ordinance has empowered the family court to exercise discretion in respect of passing any interim order since the exercise of power under the said section has been made subject to the satisfaction of the court. It also empowers the family court to pass any order as it deems fit, de......gave birth to a girl child on 24.9.2002 named Radyna Karim. Thereafter disagreement, mistrust and suspicion cropped up in between the plaintiff and her husband and the same aggravated by passing of time. The plaintiff having felt her life miserable left the house of the defendant on 31.10.2007 a...... 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. ...... 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. ..Category: Family Law | Date: 17 Jun, 2008 | Hits: 19
Golam Md. Shiblee Vs. Second Labor Court, 2008, 37 CLC (HCD)
....t any order as to cost. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 49. ......rother Rabindra Robi Das attacked him and assaulted said Chowkidar Gongaram on 19-6-2002. Accordingly, the respondent No. 2 filed his written reply to the concerned authority on 25-6-2002. During the time of investigation the petitioner denied the allegation brought against him and prayed for mercy ......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)
....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. ......er to the house of the informant and in the dwelling hut caused her death for dowry by strangulation coiling a piece of plastic made rope on her neck and leaving her body on the chowki fled away. Sometime after a neighbour named Jeba coming to that house found the dead body of the deceased lying on ......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)
....11, 2008. Result: The Rule is discharged. Cases Referred to- Akhterun Nessa Vs. Habibullah, 31 DLR (AD) 91; Karimunessa Begum Chowdhurani Vs. Niranjan Chowdhury, 43 DLR (AD) 108; Jatindra Kumar Chakrabarti Vs. Chandra Kumar, 38 CWN 616; Nurul Hossain Mallik Vs. Mihilal Sheikh, AI......রাদালতের এলাকায় অত্র নালিশী রুজু করা গেল।” 14. On perusal of the 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 com......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. ......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. ..Category: Property Law | Date: 11 Jun, 2008 | Hits: 12
Unilever Bangladesh Ltd. Vs. Chairman, National Board of Revenue and others, 2008, 37 CLC (HCD)
....ourt 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 June 11, 2008. ......country. 8. Section 50 of the Customs Act 1969 deals with the provisions related to prohibition of import of goods which are prohibited under the different laws in force in the country for the time being. Admittedly the petitioner can invoke such other jurisdictions and can intimate the sam......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
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