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Motahera Begum and others Vs. Abdul Monaf and others, 2008, 37 CLC (HCD)
.... was recorded in R.S. Plot No.106 an area of 1.39 acres and in R.S. Plot No.110 an area of 11 decimals in R.S. Khatian 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 aft......is also Reported in: 29 BLD (HCD) (2009) 402. ......ence to the evidence on record but in the instant suit the learned Joint District Judge without referring the evidence on record reverse the finding of the trial court which is absolutely wrong and illegal and as such liable to be interfered by this court. The learned Counsel finally submits th..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. ...... the Code of Criminal Procedure was issued at the instance 6f convict petitioner Md. Karamot Ali alias Rafique alias Rafiqul Islam calling upon the opposite party to show cause as to why the judgment and order dated 22.10.2006 passed by the learned Judge of the Special Tribunal No.1, Kushtia in Spec......ge sheet, evidence of the prosecution witnesses, Judgment and order of conviction and sentence and other materials on record submits that the prosecution failed to prove the case by adducing any legal evidence and no phensidyl as alleged by the prosecution was recovered from the possession..Category: Criminal Law | Date: 30 Jul, 2008 | Hits: 5
State Vs. Metropolitan Police Commissioner, Khulna and others, 2008, 37 CLC (HCD)
....tion and assistance must be provided and there must be alternative care for the child. 7. Steps must be taken to assist the parents to mend their ways and to provide a congenial atmosphere for the proper development of the child. 8. If a child is detained or placed in the care of someone other......pecial Original Jurisdiction) Present: Md. Imman Ali J Md. Emdadul Huq J The State.......................................Petitioner Vs. The Metropolitan Police Commissioner, Khulna and others..............Respondents Judgment July 22, 2008. Result: The Rule is disposed......girl of 8 years of age and under what provision of law she was arrested and detained in custody in the District Jail, Khulna and why the minor girl should not be paid compensation for her illegal arrest and detention, and why the compensation would not be directed to be paid from the perso..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. ...... Mohammad Fazlul Karim J Md. Joynul Abedin J Md. Abdul Matin J Kazi Salahuddin……………….......Petitioner Vs. Kazi Badruzzahedin (Dabir) and others........Respondents Judgment July 22, 2008. Lawyers Involved: ......7.08.2003 made by the respondent No.2 (Assistant Administrator) appointing the petitioner as Mutwalli of Khairuddin Kazi Wakf Estate, Dhaka to have been made without any lawful authority and of no legal effect. 2. Late Kazi Khairuddin and his son Badruzzahedin Dabir filed the Writ Petit..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)
....disputed holding and the preemption proceeding is not barred by limitation or by the principle of estoppel, waiver and acquiescence, nor suffers from any defect of parties, rather the courts below on proper consideration of the materials on records concurrently found that the preemptors are entitled......) 28. ......e pre-emptees as petitioners moved this court in revision and obtained the rule. 7. Mr. Abdul Awal Miah, learned advocate, appearing for the petitioners submits that the courts below committed illegality in allowing the application for preemption being failed to find that the preemption proceed..Category: Property Law | Date: 21 Jul, 2008 | Hits: 3
Md. Abdul Jabber Biswas Vs. Aysha Khatoon and others, 2008, 37 CLC (HCD)
....disputed holding and the preemption proceeding is not barred by limitation or by the principle of estoppel, waiver and acquiescence, nor suffers from any defect of parties, rather the courts below on proper consideration of the materials on records concurrently found that the preemptors are entitled...... (HCD) (2009) 28. ......e pre-emptees as petitioners moved this court in revision and obtained the rule. 7. Mr. Abdul Awal Miah, learned advocate, appearing for the petitioners submits that the courts below committed illegality in allowing the application for preemption being failed to find that the preemption proceed..Category: Property Law, Tenancy Law | Date: 21 Jul, 2008 | Hits: 5
Reckitt Benckiser (Bangladesh) Ltd. Vs. Oram Limited, Sale Centre, 2008, 37 CLC (HCD)
....16.8.2007 passed the District Judge, Dhaka in Arbitration Miscellaneous Case No.661 of 2007 should not be set aside and or pass such other or further order or orders as to this court may seem fit and proper. 2. Short facts, necessary for disposal of this revision are that a dispute having been ......p;……………….Opposite Party Judgment July 13, 2008. Result: The Rule is made absolute. Case Referred to- Punjab Ali Pramanik and others Vs. Mohd. Mokarram Hossain, 29 DLR (SC) 185. Lawyers Involved: Rafique-ul-Huq w......rators as prayed for by the petitioner before him. The concluding portion of the order passed by the learned District Judge is as under: "In the facts and circumstances of the case and legal position, I am of the opinion that application is not maintainable in its present form an..Category: Alternative Dispute Resolution | Date: 13 Jul, 2008 | Hits: 18
Abdul Hannan Vs. State, 2008, 37 CLC (HCD)
....ting the evidence in its entirety solely on the ground that the same is not acceptable in respect of some of the accused……………………..(65) The proper procedure for appreciation of evidence of a witness is in its entirety and not to bank on a p......Confession Before a confession can be accepted in evidence, it must be established by cogent evidence that what were the exact words used by the accused. Even if so much is established, prudence and justice demand that such evidence cannot be made the sole ground of conviction. It may be used o......s in its entirety and not to bank on a particular portion of it, ignoring the rest. Evidence of a witness in his cross-examination is as good as that of his examination in chief while considering the legal incidence and the essence of impressions that it creates on the mind of the judge…&hell..Category: Evidence Law | Date: 29 Jun, 2008 | Hits: 175
Khairul Amin and others Vs. Md. Saidul Hoque & another, 2008, 37 CLC (HCD)
....assed by the learned Senior Assistant Judge (in-charge), Sitakunda in other Suit No. 2 of 1998 should not be set aside and or pass such or further order or orders as to this Court may seem fit and proper. 2. The opposite party No.1 as plaintiff instituted Other Suit No.2 of 1998 before the ...... is also Reported in: 61 DLR (HCD) (2009) 252. ...... the dispute involved in the suit. The provisional Court below has also compensated the 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 deci..Category: Evidence Law | Date: 19 Jun, 2008 | Hits: 8
Ahmed Hossain (Md.) and others Vs. Nasima Khatun and another, 2008, 37 CLC (HCD)
....aint, there is no bar to file a fresh complaint as it appears in the Code of Criminal Procedure, without preferring appeal under the Ain, 2000, so the impugned order of framing charge is just and proper. 8. Mr. Osman Gani, the learned Assistant Attorney-General, appearing for the State resp......d in: 13 BLC (HCD) (2008) 828. ...... No.4453 of 2007. Judgment SM Ziaul Karim J.- By this appeal under section 28 of the Nari-o-Shishu Nirjatan Daman Ain, 2000 (briefly as Am, 2000), the accused appellants have challenged the legality and propriety of the order dated 5-8-2007, passed by the learned Judges of Nari-o-Shishu Ni..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)
....thority. 10. Fifthly, the learned Advocate submits that the respondent No.2, plaintiff-bank is not legally entitled to take advantage of its own inaction for not mortgaging the subject landed property or in not taking action for alleged breach of unregistered tripartite agreement that is ne......ion (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 Judgment June 17, 2008. Result: ...... - For the Petitioner. Md. Mozibur Rahman Miah, Advocate - For the Respondent No.2. Writ Petition No.699 of 2005. Judgment Sheikh Abdul Awal J.- This Rule called in question the legality of the ex parte judgment and decree dated 3-10-2004 (preliminary decree signed on 13-10..Category: Civil Law | Date: 17 Jun, 2008 | Hits: 7
Nadia Khalil Vs. Rudess Karim, 2008, 37 CLC (HCD)
....t happens in our everyday life through eve teasing. Every court, therefore, when adjudicating family suit should be cautious in this respect. …………(36) Family suit is different from property suit The family suit having involved some humanly element is a bit different from......) Custody of a minor child In order to ascertaining the custody of a minor child the paramount consideration is the 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 La......……………………(38) Custody of a minor child In order to ascertaining the custody of a minor child the paramount consideration is the welfare of the child, apart from the legal rights of the father and mother………….(39) Cases Referred to- Abdul Jalil an..Category: Family Law | Date: 17 Jun, 2008 | Hits: 19
Golam Md. Shiblee Vs. Second Labor Court, 2008, 37 CLC (HCD)
.... respondent No. 2 under section 17(3) (b) (g) of the Employment of Labors (Standing Orders) Act, 1965 where clause (b) provides the offence of threat and in connection with the employer's business or property. Allegation brought against the respondent that he uprooted the bamboo plant 10/12 in numbe......ent No. 2. Criminal Appeal No. 4348 of 2003. Judgment SM Emdadul Hoque J. - In the instant writ petition the Rule was issued calling upon the respondent Nos. 1 and 2 to show cause as to why the decision dated 28-5-2003 passed by respondent No. 1 in Complaint C...... and 2 to show cause as to why the decision dated 28-5-2003 passed by respondent No. 1 in Complaint Case No. 14 of 2002 shall not be declared to have been passed without lawful authority and is of no legal effect. 2. The short facts of the case is, that the petitioner is the Manager of Jaghchar..Category: Labour and Industrial Law | Date: 17 Jun, 2008 | Hits: 30
State Vs. Ershad Sheikh, 2008, 37 CLC (HCD)
....ক্ষের নিকট দাবীকৃত অর্থ, সামগ্রী বা অন্যবিধ সম্পদ; অথবা (আ)..…… 28. The money or article or any property demanded by the bridegroom or his father, mother or anybody directly related with the bride......f the Nari-o-Shishu Nirjatan Daman Tribunal, for confirmation of sentence of death awarded by him to condemned-prisoner Ershad Sheikh convicting him under section 11 (ka) of the Ain by the judgment and order dated 23-11-2004 passed in Nari-o-Shishu Case No.219 of 2004. 2. Against that judgment ......y be sole basis of conviction of the accused. Thus the prosecution could prove the charge under section 11(ka) of the Ain against the accused beyond all shadow of doubt. The learned Judge rightly and legally convicted and sentenced the accused. There is no reason for interference with such convictio..Category: Women and Children | Date: 17 Jun, 2008 | Hits: 157
AKM Nazimuddin Vs. Md. Delwar Hossain and others, 2008, 37 CLC (HCD)
....he Miscellaneous Case filed under section 96 of the State Acquisition and Tenancy Act, should not be set aside and or pass such other or further order or orders as to this Court may seem fit and proper. 2. Facts relevant for disposal of the Rule are that admittedly the pre-emptor being a c...... Present: SAN Mominur Rahman J Shahidul Islam J AKM Nazimuddin………………………Petitioner Vs. Md. Delwar Hossain and others…………………………..Opposite......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)
....Letter of Credit to import the above named products of the petitioner and/or empty UBL packaging into Bangladesh and/or pass such other or further order or orders as to this Court may seem fit and proper. 3. In Writ Petition No.8885 of 2006 Rule was issued calling upon the respondents No.1 ......al 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. Result: These R......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
A.B.M. Khaliquzzaman and others Vs. United Commercial Bank Ltd. and others, 2008, 37 CLC (HCD)
....Rokanuddin Mahmud appearing for the Petitioner in Matter No.5 of 2008 in stressing on the fact that the Petitioner in this case is driven purely by altruistic and objective considerations of the proper implementation of the law, points out that the Bank may have been a tad overzealous in rel......HCD) (2008) 635. ......ree AGMs to be 10.1.2008, and the BOD must correspondingly and concomitantly not only take a fresh decision regarding the entitlement to dividends and attendance at the said meetings but must of legal necessity also re-fix the earlier Record Date of 25.9.2005. It is asserted that the earlier..Category: Company Law | Date: 11 Jun, 2008 | Hits: 43
Haji Nasirullah and another Vs. Government of Bangladesh and others, 2008, 37 CLC (HCD)
....007 under section 6 of the Ordinance from respondent No.6, on behalf of respondent No.3, directing the members of the samity to appear before him and for giving statements about their interest in the property and fixing the next date for 25.11.2007. Respondent No.6 on behalf of respondent No.3 issue......lip;Petitioner (In Writ Petition No.1448 of 2008) Md. Hasan...................................................Petitioner (In Writ Petition No.3071 of 2008) Vs. Government of Bangladesh and others............Respondents Judgment June 12, 2008. Result: Writ Petition ......n heard together are disposed of by this common judgment as they involve common questions of laws and facts. In both the Writ Petitions the petitioners challenged the L.A. Case No.1/2007-2008 to be illegal and without lawful Authority. 2. The facts of Writ Petition No.1448 of 2008, in brief, ar..Category: Property Law | Date: 8 Jun, 2008 | Hits: 11
Tasmima Hossain Vs. Anti-Corruption Commission and others, 2008, 37 CLC (HCD)
....pon receipt of any information and after holding necessary inquiry thereon if it is satisfied that any person or any other person on behalf of such person is found to be in possession or owner of any property disproportionate to lawful source, to issue an order in writing directing such person to su......aqul Islam J Tasmima Hossain..................................................Petitioner Vs. Anti-Corruption Commission, represented by its Chairman, Head Office: 1 Segunbagicha, Dhaka and others……………………………........2007 dated 07.10.07 then pending before the Court of Chief Metropolitan Magistrate at Dhaka should not be declared to have been initiated and continued without any lawful authority and as such, of no legal effect and as to why the rule 15 of the Emergency Powers Rules, 2007 should not be declared be..Category: Anti-Corruption Laws, Criminal Law | Date: 8 Jun, 2008 | Hits: 7
Mst. Phulbanu @ Phul Vs. State, 2008, 37 CLC (HCD)
....w Judicial Magistrate, Bogra, will proceed in accordance with law. Office is directed to communicate the order at once. Ed. This Case is also Reported in: 28 BLD (HCD) (2008) 350. ......cial Court, the informant's case before the Magistrate cannot be stifled by quashing…………………………….(12) Cases Referred to- Managing Director, Rupali Bank Limited and others Vs. Tafazal Hossain and others, 44 DLR (AD) 260; Noor Jahan Begum an another Vs. State, ......i Bank Limited and others Vs. Tafazal Hossain and others reported in 44 DLR (AD) 260 wherein it has been held: "Relation between general law and special law availability of remedy if any legal remedy is ordinarily available under both general law and special law, the remedy prescribed..Category: Procedural Law | Date: 5 Jun, 2008 | Hits: 4
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