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Taj Nahar Begum Vs. Government of Bangladesh and others, 2008, 37 CLC (HCD)
.... of the CrPC has become meaningless as that statement was not recorded during committal proceeding under section 6 of the Act. 12. Admittedly, no committal proceeding has been initiated because of total lack of ignoÂrance of the Ministry of Home Affairs about the relevant provisions of the Act. ......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. ......as under: "Application of Act to non-treaty States.—(1) Where the Government consiÂders it expedient that the persons who, being accused or convicted of offences at places within, or within the jurisdiction of, a foreign State, are or are suspected to be in Bangladesh should be returned to tha..Category: Criminal Law | Date: 20 Aug, 2008 | Hits: 20
Ayub Ali alias Mukul Vs. State, 2008, 37 CLC (HCD)
....e said Taka 4,50,000 with Taka 50,000 as benefit of business to the informant but the accused-petitioner Ayub Ali did not pay the said amount. Later on, accused Ayub Ali and his younger brother Bokul totally denied their obligation to make payment of the said amount of money to the informant. On the......ting the loan money from the informant was made. The accused petitioner took the money from the informant as loan for business purpose and, as such, there is no ingredient of entrustment also. In the absence of such definite allegation it cannot be held that taking of money as loan and subsequent fa...... 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. ..Category: Criminal Law | Date: 14 Aug, 2008 | Hits: 28
....are biologically related as parent and child, their DNA profiles show predictable pattern of genetic inheritance.
19. In the case in hand, DNA Paternity Test could not be done because of the total non-cooperation of respondent Nos. 4 and 6, the alleged father and mother respectively.
......ected by the Chief Metropolitan Magistrate as well as by the Nari-O-Shishu Nirjatan Damon Adalat No. 4, Dhaka. Mrs. Anowara Rahman, wife of respondent No. 4, gave birth to seven children at a time in absence of any doctor and the news was published in different papers and electronic media.
......ate Maria Pulparampil Nee Feldman Vs. Dr. Chacko Pulparampil and Others, AIR 1970 Kerala (FB), it has been held as under:
“In using the writ of habeas corpus for the custody of infants the jurisdiction exercised by the court in deciding whether the custody should be entrusted with one or ..
Category: Women and Children | Date: 14 Aug, 2008 | Hits: 201
....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 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.
......udgment
August 12, 2008.
Result:
The
Rule is made absolute.
The Companies Act, 1994 (Act No. 18 of 1994); section 193
Refusal by the Registrar of the Joint Stock Companies and jurisdiction of the High Court Division
Section 193 of the Companies Act, 1994 has not been a..
Category: Company Law | Date: 12 Aug, 2008 | Hits: 18
Idrisur Rahman (Md) Vs. Bangladesh, 2008, 37 CLC (HCD)
....mendation of the Commission is clearly intended to establish the supremacy of the executive over the judiciary and undermine the independence of the judiciary. By giving the power to the President to totally disregard the recommendation of the Commission, the Ordinance, in fact, challenged the decis......tion of mind in promulgating the Ordinance [Venkata Reddy Vs. Andhra Pradesh: AIR 1985 SC 724; Nagraj Vs. Andhra Pradesh: AIR 1985 SC 551). Therefore, when an Ordinance is challenged on the ground of absence of emergency, the Court may start with a presumption of the existence of emergency as the ex...... completed by the President on the basis of recommendation made by the Prime Minister/Chief Adviser. This is the set legal norms which are being practiced till today and has become a tradition in our jurisdiction. The system may not be treated as opposed to the independence and undermining the digni..Category: Constitutional Law | Date: 7 Aug, 2008 | Hits: 236
Mohammad Nasim Vs. State and another, 2008, 37 CLC (HCD)
....ce the appelÂlant on 25.02.2007 through his lawyer submitÂted the statement of his wealth before the A.C.C., Dhaka where the appellant made false statements regarding his wealth and concealed his total income of Taka 1,26,82,678.51 and thereby committed offence, under Sections 26 and 27 of the ......od of 4(four) months to the satÂisfaction 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 satÂisfaction 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
.... 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.
......o one of the members of that society. The plaintiff cannot file a suit before the Civil Court directly without lodging any complain before the Registrar of Co-Operative and the Civil Court has got no jurisdiction to take up a suit or legal proceedings against the Secretary of Co-Operative Society. T..
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. ......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. ......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. ..Category: Criminal Law | Date: 31 Jul, 2008 | Hits: 92
Motahera Begum and others Vs. Abdul Monaf and others, 2008, 37 CLC (HCD)
....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. ...... reversing the judgment and decree passed by the trial court because there is no misreading and non-consideration of the evidence on record which calls for no interference by this court in revisional jurisdiction. The learned Counsel further submits that the defendant after obtaining Patta..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. ......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. ...... police station. 20. This is not an appeal and there is little scope to evaluate the evidence in details like an appeal in a proceeding under section 561A of the Code of Criminal Procedure. This jurisdiction under section 561A of the Code can be invoked, if it can be shown that the case is one ..Category: Criminal Law | Date: 30 Jul, 2008 | Hits: 5
State Vs. Metropolitan Police Commissioner, Khulna and others, 2008, 37 CLC (HCD)
....to any remand home or place of safety either on 20.04.2008 or after she was produced before the Magistrate on 21.04.2008. Furthermore, it appears from the record that both the police officers were totally oblivious of the provisions of section 50 of the Act, 1974, which provides as follows: â€......d by law to keep a record of births and deaths, although it was a belated registration, proved Arifa’s birth registration, with supporting records from his office, which carries weight. Only in the absence of such evidence, or where doubt is raised about its authenticity, would it be necessary to ......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)
.... appoint anybody as Mutwalli from his own family. 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 responÂdent No.1 (petitioner No.......nd of Wakf Estate was shown as 1 katha that is .0150 ajutangsha and no explanaÂtion was offered where the rest .0382 ajuÂtangsha land of the said wakf had gone out of their possession and in the absence of any such explanation it is clear that the said .0382 ajutangsha was sold away and the wh......ourt Division relied upon annexure-I to the writ petition which is report of the inspector and other materials on record. 17. We find that the High Court Division has rightly exercised the jurisdiction vestÂed in it under Article 102 of the Constitution and the same does not call for in..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)
....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. ......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)
.... 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. ...... 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)
.... Reckit Benckiser PLC, U.K. To make a company subsidiary of another certain conditions as laid down in sub sections (2) (3) and (4) of section 2 of the Act, 1994 must be fulfilled. But those are totally absent in the instant case. A reading of articles 133 and 134 of the Articles of Associ...... 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. ......e filed before this court under section 115(1) of the Code. In support of his contention Mr. Islam has referred to sections 7 and 53 of the Act. Mr. Islam also submitted that this Division shall have jurisdiction to see the propriety of an order passed by the District Judge under section 42 of ..Category: Alternative Dispute Resolution | Date: 13 Jul, 2008 | Hits: 18
Abdul Hannan Vs. State, 2008, 37 CLC (HCD)
.... deposed that he did not see the killing of his father. 71. The so-called extra-judicial confession of the accused appellant is also tainted with artificiality and undue influence and therefore, totally unacceptable. 72. Thus the present case is an ideal one which the aged-long maxim "......n is brought on record and such a confession needs reliable corroboration. Courts have always treated extra-judicial confession as suspicious evidence and should be cautious against its action in the absence of corroborative evidence. 42. In the instant case, extra-judicial confession was not r......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)
.... 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. ...... 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. ...... 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)
....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. ......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)
..... 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. ......s and, as such, the instant case is barred under law. Secondly, the Tribunal withÂout considering the former facts and law fraÂmed charge under sections 11(kha), 11(kha)/30 of the Ain, 2000 without jurisdiction and, as such, the same are liable to be set aside. 7. Mr. Ziaur Rahman, the learne..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 withÂout 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. ......sult, the Rule is discharged withÂout 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. ......2004 and the City Bank Ltd (petitioner) not being a guarantor or mortgagor of the loan for recovery of which the Artha Rin Suit No.470 of 2004 was filed, the Adalat (respondent No.1) acted without jurisdiction under section 5(1) of the Ain, 2003 in proceeding against the petitioner-bank and in p..Category: Civil Law | Date: 17 Jun, 2008 | Hits: 7
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