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Abdul Hai (Md.) Vs. Bangladesh and others, 2008, 37 CLC (HCD)

.... not in the interest of the BDR and accordingly that writ petitioner was discharged. But the fact is quite different in the instant case. The Sector Commander upon finding the guilt of the petitioner erroneously recommended for exercising power under section 8 of the Ordinance and accordingly commit......ve, subject to the provision of Article 45 of the Constitution, the High Court Division for enforcement of a fundamental right. There are however, certain constitutional limitations of the judicial review of an order passed or action taken against a member of a disciplined force in this country. Rea..

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

Mosammat Setara Begum Vs. Al-Arafah Islami Bank Ltd. and others, 2008, 37 CLC (HCD)

....w. Office is directed to communicate the order at once with a copy of judgment for information and necessary action. Ed. This Case is also Reported in: 14 MLR (HCD) (2009) 480. ......pposed by the bank by filing an affidavit-in-opposition contending, inter alia, that the learned Judge of the Adalat rightly conferred title of the petitioner's mortgaged property upon the bank, in view of the provisions laid down in section 33(7) of the Ain 2003. 8. Mr. A.R.M. Shahidul Isla..

Category: Civil Law | Date: 11 Nov, 2008 | Hits: 4

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

....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. ......er has been denied. So, we have no other alternative but to interfere with the matter of the petitioner. 11. Considering the facts and circumstances of the case and the discussion above, it is our view that the petitioner is entitled to get promotion to the post of Deputy Director according to Ru..

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)

....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. ......or the petitioner, seeks to impeach the impugned order on the ground that the petitioner is the heir of mortgagor Halima Khatun and he was added as defendant No. 4 during pendency of the suit. So, in view of Provisions laid down in section 34 (2) of the Ain 2003, the Court was not authorized to impo..

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

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

....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. ......tions the plaintiff in each Suit has primarily highlighted the fact that in issuing the Letters of Guarantee the two P&I clubs have by that reason automatically brought themselves under the purview of both statutory and common outlaw standards that define and govern the tripartite relationsh..

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)

....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. ......ention of the detenu in the custody under a warrant of arrest issued by a non-treaty state is not only illegal but also without jurisdiction. 17. Considering all aspects of the case, we are of the view that the detenu has been detained in custody pursuant to a warrant of arrest of a fugitive offe..

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

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

.... 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. ......f trust. He submits that there is nothing on record to show that the accused petitioner made any specific promise for payment by any specific date. As such, the allegation does not come within the purview of sections 406/420 of the Penal Code. 7. Mr. Zainul Abedin, in support of his contention ..

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)

....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. ...... Hossain has also given an undertaking that respondent No. 4 is ready and willing to take two members team of the petitioner’s Samity to Mount Elizabeth Hospital, Singapore at his own cost. In such view of the matter, we direct respondent No. 2 to undertake the DNA test at Mount Elizabeth Hospital..

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)

....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 have been issued without lawful authority and a mandamus is required to compel the respondent No. 1 to exercise his jurisdiction as available under section 193 of the Companies Act, 1994. In view of the discussion and reasoning as above, this Court finds merit in the Rule which is required..

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

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

....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. ......he executive branch of the Government, which was being exercised before introduction of this Ordinance. Inclusion of the members in the Commission from other organs of the state is not outside the purview of the constitutional scheme because each organ of the state is mutually intradependent with th..

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. ......ed-appellant has been suffering from "Acute intracerebral hemorrhage in right tha­lamic and interval capsule area with left sided hemiplegia and HTN" and gave treatment. Thereafter a six-Member Review Medical Board having met in ICU on 26.06.2008 ob­served the condition of appellant "clinicall..

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)

....ent Rule. 8. The learned Counsel Mr. Momotazuddin Ahmed with Mr. Md. Abu Taleb appearing on behalf of the plaintiff-respondent-petitioner submits that the appellate court is absolutely wrong and erroneous in reversing the judgment and decree passed by the learned Senior Assistant Judge, 5th Cou......, bamboo trees and also used to cultivate sea­sonal crops. Since the date of purchase of the "Ka" Schedule land the defendants have been trying to grab the property and for that end and view they started conspiracy. The plain­tiff resides away from the suit land and taking this adv..

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

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

....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. ......90); section 22(ga) The offences prescribed under the Narcotics Control Act, 1990 are cognizable offence and therefore, the Police has the wide power to investigate the offences under the Act in view of the provisions laid down in Chapter XIV of Part-V of the Code of Criminal Procedure. Section..

Category: Criminal Law | Date: 31 Jul, 2008 | Hits: 92

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

....arned Counsel Mr. Golam Rabbani with Mr. Ruhul Bari Sharif appearing on behalf of the plaintiff-respondent-petitioners submits that the learned Joint District, Cox's Bazar is absolutely wrong and erroneous in allowing the appeal and thereby reversing the judgment and decree passed by the learned...... The learned Counsel for the plaintiff-respondent-petitioner could not also point out any error or illegality or infirmity of law in the judgment passed by the lower ap­pellate Court. 14. In view of the discussion made above and the facts and circumstances of the case the impugned judgment ..

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.       ......he order of discharge the convict petitioner preferred an appeal and our Lord­ships of the apex court held. "Having regard to the above finding of the High Court Division, we are of the view that the ends of justice will be met if this application is disposed of with modifica­tion ..

Category: Criminal Law | Date: 30 Jul, 2008 | Hits: 5

State Vs. Metropolitan Police Commissioner, Khulna and others, 2008, 37 CLC (HCD)

....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. ......nsidered as a matter of course and detention/confinement should ensue only as the exception in unavoidable scenarios. 5. In dealing with the child, its custody, care, protection and wellbeing, the views of the child, its parents, guardians, extended family members as well as social welfare agenci..

Category: Women and Children | Date: 22 Jul, 2008 | Hits: 147

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

.... 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. ...... the same was this Division. And on the very day, the learned District Judge returned the said application to the present petitioner "for filing the same to the compe­tent court" on the view that the application was not maintainable as the central manage­ment of one of the two part..

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. ......by him alone." 33. Now let us see whether the prosecution has succeeded in proving the charge brought against the accused appellant, Abdul Hannan in the light of the provision of law and in view of evidence adduced by the prosecution. 34. In the instant case, the charge against the ac..

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

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

....he defendant by granting a cost of Taka 3,000 for the delay in the disposal of the suit. 1 therefore, find no illegality or infirmity in the impugned decision of the provisional Court resulting in erroneous decision occasioning failure of justice and interference under section 115(4) of the Code......ইগুলি প্রোক্ত প্রকারে উল্লেখিত দন্তখত সমূহের সাথে অসামনজস্যতাপূর্ন। In view of the aforesaid facts when the handwriting expert's opinion on the basis of scientific develo..

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.  ......d it was possible for the wit­nesses to see him in Court. The identifica­tion of the accused is, therefore, found to be unreliable." 10. We are in respectful agreement with the aforesaid view. Therefore, we are inclined to enlarge the petitioner Nos. 2 and 3 on bail. 11. Having re..

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