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Nadia Khalil Vs. Rudess Karim, 2008, 37 CLC (HCD)

....cel Mr. M. Amirul Islam upon taking this court through the pleading of the defendant-appellant-opposite party along with its annexures, strenuously argued that the submission of Mr. Nazrul Islam is totally mis­conceived one since the learned District Judge apparently did not rely upon the alleg...... 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.  ......on the case of Saleha Begum Vs. Dilruba Begum reported in 53 DLR 346 and the case of Irfan Sayed (Md.) Vs. Rukshana Matin and others re­ported in 1 BLC (AD)-67 and the decisions of the common law jurisdiction namely the case of Re Megrath (infant) 1893 Chancery 143 and Ragina Vs. Gyngull 1993 2..

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. ......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. ...... 7. Mr. Md. Khurshid Alam Khan, the learned Advocate appearing on behalf of the respondent No. 2, submits that the findings of the Labors Court cannot be upset by the High Court Division in writ jurisdiction. He further submits that in the instant case the Labors Court clearly found that the ch..

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. ......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. ......d to the police and made the confessional statement. The prosecution failed to prove causing death of the deceased for dowry. As the death of the deceased was not caused for dowry the Tribunal had no jurisdiction to try the case. It is a case under sec­tion 302 or 304 of the Penal Code triable by t..

Category: Women and Children | Date: 17 Jun, 2008 | Hits: 157

AKM Nazimuddin Vs. Md. Delwar Hossain and others, 2008, 37 CLC (HCD)

....rising two holdings were transferred by the Kabala deed dated 27-3-2002 but the pre-emptor initiated the pre-emption case against one of the hold­ings leaving out another holding. Admittedly, the total consideration money of the land was Taka 3,00,000 but the pre-emptor deposited Taka 1,50,000 a......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)

....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. ......th 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 same to the customs authority, but it appears that in the meanti..

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)

....nding that Agenda No.2 of the 22nd AGM of 10.1.2008 was not transacted, should the bonus shares for the 23rd AGM of 31.1.2008 be computed on a share capital of Tk. 50,63,46,737/-, that is, the sum total of Tk. 23,01,57,608/- + Tk. 6,90,47,282/- (being the 30% bonus shares given in the AGM held o......ontained in this section shall apply to transfer of security effected by the transferor and the transferee both of whom are entered as beneficial owners in the records of a depository." The absence of similar instances of essential linkages established between the two regimes in the Bang...... The general drift of Mr. Mahmud's argument has been that there is a missing link in and between our legislations constituting the de­pository and the company law regimes in that unlike in other jurisdictions, notably India where the law pertaining to companies, i.e., the Indian Companies Act,..

Category: Company Law | Date: 11 Jun, 2008 | Hits: 43

Haji Nasirullah and another Vs. Government of Bangladesh and others, 2008, 37 CLC (HCD)

....s with sufficient space for loading and unloading of trucks within the area of their godowns. After extensive search, the petitioner found out the land measuring an area of 1.41 acres in that area. A total of 119 members of the Association became interested in purchasing land in their own names but ......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. ......sed market can be established there. (5) No agreement was entered into between the Government and DCC under section 3(1) of the Ordinance and, as such the very acquisition is illegal and without jurisdiction. 8. Mr. Mahamudul Islam, learned Advocate appearing for the petitioner in Writ Pet..

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. ...... 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. ......7. It is however stated that the petitioner is now a fugitive and as such, she has got no right to seek any redress of any grievance against pending proceedings before the competent court of criminal jurisdiction. 8. Mr. Rafiq-ul Huq, learned senior advocate took us through the ACC Act, 2004 an..

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. ......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. ......ed the same. The case is now pending in the Court of Magistrate, First Class, Bogra. 4. On 07-09-2006 the accused petitioner filed an application before the learned Magis­trate to decide the jurisdiction for the institu­tion of the case. After hearing the learned Magistrate rejected the s..

Category: Procedural Law | Date: 5 Jun, 2008 | Hits: 4

Mannan alias Mannan Khan (Md.) Vs. State, 2008, 37 CLC (HCD)

....shed to the "Khan Brothers" of Kunjanagar Bazar within Nagarkanda Police Station and found that Md. Mannan, owner of Khan Brothers hoarded 141/2 barrels of diesel each containing 218 liters total 3161 liters amounting to Taka 1,04,313 and 14 barrels of kerosene each containing 218 liters t......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. ......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. ..

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. ......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. ......ior to insertion of Regulation 11A on 5.2.1984 by way of amendment, it shall not be applicable to them. On this score alone, the orders retiring the petitioners from service are illegal and without jurisdiction. 11. In this connection, reliance may be placed on the case of M.L. Begga Vs. C. ..

Category: Procedural Law | Date: 4 Jun, 2008 | Hits: 7

Md. Mannan Alias Mannan Khan Vs. State, 2008, 37 CLC (HCD)

.... they rushed to the "Khan brothers" of Kunjanagar bazar within Nagarkanda Police Station and found that Md. Mannan owner of Khan brothers hoarded 141/2 barrels of diesel each containing 218 liters total 3161 liters amounting to Tk. 1,04,313/- and 14 barrels of kerosene each containing 218 liters......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. ......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. ..

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. ......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. ......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. ..

Category: Procedural Law | Date: 28 May, 2008 | Hits: 5

Hormuz Sikder & others Vs. Ayub Ali Sikder & others, 2008, 37 CLC (HCD)

....ties Judgment May 26, 2008. Result: The Rule is discharged. It is an admitted legal position that there is no limitation for filing a suit for partition and unless there is a total ouster of the right of a co-sharer from the ejmali property he shall be deemed to be in ejmali......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.       ......rities as aforesaid. The cause of action for a partition suit being recurring one, the dismissed (sic) of a partition suit for default does not bar again a suit for partition". 7. In Indian jurisdiction in the case of Kannikandath Kizhe Purakkal Vella's son, Thayyam Vs. Kannikandath Ki..

Category: Property Law | Date: 26 May, 2008 | Hits: 3

Harmuj Sikder & others Vs. Ayub Ali Sikder & others, 2008, 37 CLC (HCD)

....for partition subsists even after dismissal of the earlier suit for default under rule 8 of Order 9 of the Code. There is no limitation for filing a suit for partition and unless there is a total ouster of the right of a co-sharer from the ejmali property he shall be deemed to be in ejmal......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.  ......es as aforesaid. The cause of action for a partition suit being recurring one, the dismissal (sic) of a partition suit for default does not bar again a suit for partition". 7. In Indian jurisdiction in the case of Kannikandath Kizhe Purakkal Vella's son, Thayyam Vs. Kannikandath Kizhe..

Category: Property Law | Date: 26 May, 2008 | Hits: 7

Abul Kalam Azad (Md.) Vs. State and another, 2008, 37 CLC (HCD)

.... Metro Sessions Case No. 152 of 2007 pending in the court of Metropolitan Assistant Sessions Judge, 5th Court, Dhaka is quashed. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 91. ...... Metro Sessions Case No. 152 of 2007 pending in the court of Metropolitan Assistant Sessions Judge, 5th Court, Dhaka is quashed. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 91. ...... Metro Sessions Case No. 152 of 2007 pending in the court of Metropolitan Assistant Sessions Judge, 5th Court, Dhaka is quashed. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 91. ..

Category: Banking Law | Date: 22 May, 2008 | Hits: 227

Mohd. Showkot Ali Vs. National Board of Revenue and others, 2008, 37 CLC (HCD)

....ed, it was registered as Dhaka-Metro Ga-11-4387. Said Mirza Azam then, on 26.12.06 transferred the jeep to the Metro Spinning Mills Limited upon receipt of part payment of taka 13,00,000.00 out of total price of taka 39,00,000.00. It was acknowledged by said Mirza Azam that after the change of o......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. ......he date of importation of the vehicle on 13.03.03 the petitioner incurred no criminal liability, initiation and cognizance of the case against the petitioner was therefore unauthorized and without jurisdiction. 6. He submitted that the transfer of vehicle after the prescribed period of thre..

Category: Criminal Law | Date: 18 May, 2008 | Hits: 3

Mrs. Shahida Khatun and another Vs. Zafrul Hasan and State, 2008, 37 CLC (HCD)

....mpany namely M/S Dad Motors, Pabna and M/S Aliv Motors, Chuadanga. The accused No.2 delivered the form to the Company. The value of each truck was decided at a consideration of Tk. 13,95,000/- with a total sum of Tk.69,75,000/-. Accordingly on 29-05-2000, a tripartite agreement was signed between th....... 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. ....... 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. ..

Category: Procedural Law | Date: 18 May, 2008 | Hits: 41

Md. Sadaqat Khan (Fakku) and 10 others Vs. Chief Election Commissioner, Bangladesh Election Commission, 2008, 37 CLC (HCD)

....a copy of this order be sent to the Election Commission at once for guidance and necessary action Md. Ashfaqul Islam J.- I agree Ed. This Case is also Reported in: 60 DLR (HCD) (2008) 407. ......l Islam Miah also prayed for direction upon the Election Commission for registration of the Urdu-speaking people en block. The petitioners do not appear to represent all such people. Secondly, in the absence of any law, no citizen can be forced to register as a voter and the Election Commission also......a copy of this order be sent to the Election Commission at once for guidance and necessary action Md. Ashfaqul Islam J.- I agree Ed. This Case is also Reported in: 60 DLR (HCD) (2008) 407. ..

Category: Election Law | Date: 18 May, 2008 | Hits: 122

Zakir Hossain and another Vs. Md. Yousuf Kabir and others, 2008, 37 CLC (HCD)

....ffs having demanded taka 2,00,000/00 (two lacs) more Hajee Selim di­rected the defendants to pay them taka 1,50,000/00 more and taka 10,000/00 as the costs for transporting the goods, that is, in total taka 16,60,000/00. In the shalish (as used in the additional written statement) it was fur­......t No.2) the terrorists being armed with fire arms such as pistol, re­volver, kata rifle, pipe gun and lathi attacked them and they out of fear of life left the area; taking the advantage of their absence the de­fendants looted away the furniture's, orna­ments, money and the other art......s con­firmed. There will be no order as to costs. Send down the lower court's record immediately. Ed. This Case is also Reported in: 29 BLD (HCD) (2009) 347.   ..

Category: Property Law | Date: 13 May, 2008 | Hits: 5