Search Options
Judgment Advanced Search
Ahmed Hossain (Md.) and others Vs. Nasima Khatun and another, 2008, 37 CLC (HCD)
....e Code of Criminal Procedure. Therefore, we hold that filing of the Second fresh complaint before the Tribunal is barred under law and the learned Tribunal without considering the law, in our view, erroneously framed charge against the appellants. 24. Having regard to the facts, the grounds u......ment of special Tribunal is to be filed under the provision of the said section and the general provision of the Code of Criminal Procedure shall have no application in that respect." 23. In view of the aforesaid decisions, as Nari-o-Shishu Nirjatan Daman Ain, 2000 is a Special law. So, in ..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)
....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. ......ecree." 19. In the case of Bangladesh Agricultural Development Corporation (BADC) Vs. Artha Rin Adalat reported in 59 DLR (AD) 6, it has been laid down in the following terms: "In view of the decisions quoted above we are led to irresistible conclusion that there being specific ..Category: Civil Law | Date: 17 Jun, 2008 | Hits: 7
Nadia Khalil Vs. Rudess Karim, 2008, 37 CLC (HCD)
....all those allegations are subjected to prove at the time of trial but on the next breath the learned District Judge relied on such aspersions and decided the question of custody of the minor girl erroneously that she will be better cared and her welfare will be better maintained under the custo......ate Division in the case of Sharon Laily Begum, on considering the welfare of the minor child, allowed interim custody of the minor child to the mother which this court is also inclined to do in view of best possibility of rendering welfare to the minor girl Radyna Karim. But as the parties we..Category: Family Law | Date: 17 Jun, 2008 | Hits: 19
Golam Md. Shiblee Vs. Second Labor Court, 2008, 37 CLC (HCD)
....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. ......ion by doing the act stepping out of its jurisdiction. He further referred the case of Mohd Abdun Noor Vs. Platinum Jute Mills Limited reported in Bangladesh Supreme Court Reports (1978) 467, Similar view has been taken by their Lordships but in the instant case we find that in the impugned judgment..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. ......e was a trial in the wrong forum the responsibility must lie with the prosecution. But that does not also mean that an accused can never be tried for a second time by an appropriate Court. The better view is that when it is found after a full trial that there was a miss-trial or trial without jurisd..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. ......tor was not co-sharer to the schedule 1 land transferred by the deed under preemption and further pointed out, that no sale price has been mentioned separately holding-wise. He submitted that in view of the said fact the pre-emptor had no option but to make deposit of the entire consideration m..Category: Property Law | Date: 11 Jun, 2008 | Hits: 12
Unilever Bangladesh Ltd. Vs. Chairman, National Board of Revenue and others, 2008, 37 CLC (HCD)
....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. ......titioner can invoke such other jurisdictions and can intimate the same to the customs authority, but it appears that in the meantime different goods of the same brands shall be imported and, in our view, the other remedies in such circumstances are alternative but not efficacious ones rather cau..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)
....e, this Court finds that driven by a misconception of applicable law and proceeding on the wrong premise by relying on the SEC's opinion of 9.12.2007, the BOD of the Bank exercised its jurisdiction erroneously under Regulation 46(2) of the 2003 Regulations in maintaining the Record Date of 25.9.2......pearing therein is to be understood in relation to the definition of the word as provided under Section 32. On the other hand, Mr. Mahmud submits, the Depository Regime does not bring under its purview or does not provide for a similar register of a company's members. Pointing to the provisions ..Category: Company Law | Date: 11 Jun, 2008 | Hits: 43
Haji Nasirullah and another Vs. Government of Bangladesh and others, 2008, 37 CLC (HCD)
....ed. No order as to costs. The Rule issued in Writ Petition No.3071 of 2008 is discharged without any order as to costs. Ed. This Case is also Reported in: 29 BLD (HCD) (2009) 7. ......rs of the Association was acquired. (4) ভূমি প্রশাসন ম্যানুয়েল 2nd part provides that the land used for carrying on business should be kept outside the purview of acquisition when khas land is available. The proposal for acquiring land belonging to privat..Category: Property Law | Date: 8 Jun, 2008 | Hits: 11
Tasmima Hossain Vs. Anti-Corruption Commission and others, 2008, 37 CLC (HCD)
.... authority and as such, of no legal effect and accordingly, quashed so far the petitioner is concerned. Communicate at once. Ed. This Case is also Reported in: 29 BLD (HCD) (2009) 1. ......through a constituted attorney cannot be maintainable. In support, he cited Monsur Ali (Md.) and other Vs. State, (2003) 55 DLR (AD) 131 and Alamgir (Md.) Vs. State, (1998) 3 BLC (AD) 72. 14. In view of the facts as stated in the writ petition as well as in the affidavit-in-opposition, there is..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. ...... rejected as having been devoid of any substance. On the contrary, the legal plea taken by the learned Assistant Attorney General prevails and appears to have a good deal of force. 15. In view of discussions made above and the preponderant judicial views emerging out of the authority r..Category: Procedural Law | Date: 5 Jun, 2008 | Hits: 4
Mst. Parvin Rahman Vs. Moniruzzaman and others, 2008, 37 CLC (AD)
....above, we find no substance in the submissions of the learned Advocate for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 16 BLT (AD) (2008) 311.......y in the Court and other places but on that ground it is not proper to transfer the case if the cases is transferred it will cause hardship to the accused opposite parties to conduct the case. In view of the above, we find no substance in the submissions of the learned Advocate for the petitione..Category: Women and Children | Date: 5 Jun, 2008 | Hits: 109
Mannan alias Mannan Khan (Md.) Vs. State, 2008, 37 CLC (HCD)
....f the petitioner. Send down the records of this case at once with a copy of judgment for information and necessary action. Ed. This Case is also Reported in: 13 BLC (HCD) (2008) 863. ...... least his statement must be in conformity with the probability. In a case like this the evidence of P.W.1 calls for corroboration as a rule of prudence, but we do not find any such corroboration. In view of such facts, the evidence of P.W.1 is vulnerable to the credibility. 28. On close a..Category: Criminal Law | Date: 4 Jun, 2008 | Hits: 2
Md. Emdad Hossain and another Vs. Bangladesh Biman Corporation and others, 2008, 37 CLC (HCD)
....ervice are declared to have been passed without lawful authority having no legal effect. There is no order as to costs. Ed. This Case is also Reported in: 28 BLD (HCD) (2008) 461. ...... Rahman Khan, learned Advocates appearing for respondent Nos.1 and 2 submit that the judgment delivered in the case of Capt. Mir Mazharul Huq Vs. Bangladesh Biman Corporation and Others is under review in Civil Review Petition No.25 of 2008 and that till disposal of that Civil Review Petition, t..Category: Procedural Law | Date: 4 Jun, 2008 | Hits: 7
Md. Mannan Alias Mannan Khan Vs. State, 2008, 37 CLC (HCD)
....e petitioner. Send down the records, of this case at once with a copy of judgment for information and necessary action. Ed. This Case is also Reported in: 28 BLD (HCD) (2008) 664. ......ast his statement must be in conformity with the probability. In a case like this the evidence of P.W.1 calls for corroboration as a rule of prudence, but we do not find any such corroboration. In view of such facts the evidence of P.W.1 is vulnerable to the credibility. 28. On close a..Category: Criminal Law | Date: 4 Jun, 2008 | Hits: 3
Abul Kashem-al-Asad Vs. Abdul Muhib and others, 2008, 37 CLC (HCD)
....rt of Joint District Judge Second Court, Sylhet is rejected. No order as to costs. Communicate the order at once. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 502. ......িচার্য বিষয় গঠনের জন্য রহিল। 4. Thereafter on 28-4-2002 defendant No. 1 petitioner filed an application under section 151 of the Code for reviewing the order dated 17-4-2002. The learned Joint District Judge by his order dated 17-4-2003 re..Category: Procedural Law | Date: 28 May, 2008 | Hits: 5
Hormuz Sikder & others Vs. Ayub Ali Sikder & others, 2008, 37 CLC (HCD)
....s from the date of receipt of this judgment. There will be no order as to costs. Ed. This Case is also Reported in: 29 BLD (HCD) (2009) 271. ...... revision application under section 115(4) of the Code and obtained the present rule by way of leave. 4. Mr. Faruque Ahmed, the learned Advocate appearing for the petitioners argued that in view of the assertions made in the plaint that earlier the plaintiff filed another suit for partitio..Category: Property Law | Date: 26 May, 2008 | Hits: 3
Harmuj Sikder & others Vs. Ayub Ali Sikder & others, 2008, 37 CLC (HCD)
....preferably within 6(six) months from the date of receipt of this judgment. There will be no order as to costs. Ed. This Case is also Reported in: 28 BLD (HCD) (2008) 457. ......ent revision application under section 115(4) of the Code and obtained the present rule by way of leave. 4. Mr. Faruque Ahmed, the learned Advocate appearing for the petitioners argued that in view of the assertions made in the plaint that earlier the plaintiff filed another suit for partit..Category: Property Law | Date: 26 May, 2008 | Hits: 7
Mohd. Showkot Ali Vs. National Board of Revenue and others, 2008, 37 CLC (HCD)
....l authority and as such, of no legal effect and is accordingly, quashed for the ends of justice. Communicate at once. Ed. This Case is also Reported in: 28 BLD (HCD) (2008) 455. ......tation created no offence under any law of the land and continuation of the case against the petitioner was therefore serious abuse of the process of the Court. 7. He lastly submitted that in view of the Notification being SRO No.58 dated 25.04.07 on repeal of the Notification being SRO No...Category: Criminal Law | Date: 18 May, 2008 | Hits: 3
Mrs. Shahida Khatun and another Vs. Zafrul Hasan and State, 2008, 37 CLC (HCD)
..... 19. Office is directed to send down the record of the case with a copy of Judgment for information and necessary action. Ed. This Case is also Reported in: 17 MLR (HCD) (2012) 463. ...... for the purpose of continuation of the proceedings against respondent." 14. Moreover we find that the trial of the case has already commenced and the complainant was examined as, P.W.1, in such view of the facts, quashing of the proceedings is not permissible. 15. In the case of Golam Sar..Category: Procedural Law | Date: 18 May, 2008 | Hits: 41