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Taj Nahar Begum Vs. Government of Bangladesh and others, 2008, 37 CLC (HCD)
....nced to suffer imprisonment for life by a Criminal Court of Kuwait. Therefore, it is necessary to confine him in jail so that in due course, he can be extradited to Kuwait authority. In order to keep good relation with the Government of Kuwait, it is necessary to extradite detenu to the Kuwait autho......20-7-2006, the District Magistrate accepted the bail bond but the detenu was kept in custody in connection with Felony Case No.132 of 1999 (Kuwait). Kazi Miraj Hossain, Metropolitan Magistrate, Dhaka recorded statement of detenu Belial under section 164 of the CrPC on 12-6-2000. In the confessional ......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. ..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. ......et in order to show that the allegation made therein, even if admitted, does not constitute any criminal offence either of cheating or of criminal breach of trust. He submits that there is nothing on record to show that the accused petitioner made any specific promise for payment by any specific dat...... 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
....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.
......ales this pair has two like chromosomes in the form of XX, while in males it comprise one X and one Y, two very dissimilar chromosomes. A male child’s Y-chromosome thus represents a unique a unique record of his paternal inheritance. A male child will therefore share the same Y- chromosome haploty......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.
..
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.
......e matter in between them privately or in legal proceeding.
Challenging the said impugned order the writ petitioner preferred the instant
writ petition and obtained the Rule.
4. Pursuant to the service of the Rule the
learned Advocate Mr. KM Hafizul Alam entered appearance on behalf of the
r..
Category: Company Law | Date: 12 Aug, 2008 | Hits: 18
Idrisur Rahman (Md) Vs. Bangladesh, 2008, 37 CLC (HCD)
.... of the Constitution, which could only be done by Parliament. 49. Mr. Rafiqul Hoque submitted that the approach in making the Ordinance for providing a mechanism for appointment of judges may be good but the Caretaker Government has got no authority to make any policy decision. Nor they could m......ration. After receipt of any such request from the President for reconsideration, the Commission shall speedily reconsider and send its reconsidered recommendation or early recommendation for reasons recorded to the President. If the President wants to reject the recommendation of the Commission, he......ditions of persons holding constitutional posts such as the judges of the Supreme Court may be determined by law along with remuneration and privileges. Qualification and other terms and condition of service of the judges of the Supreme Court may be determined by law under Article 95 as well as Arti..Category: Constitutional Law | Date: 7 Aug, 2008 | Hits: 236
Mohammad Nasim Vs. State and another, 2008, 37 CLC (HCD)
....o opined that he is dependent of personal daily activities and he needs intensive physiotherapy in advanced rehabilitation centre. It is also asserted that to save his life beside best treatment a good and healthy environment free from any mental pressure and the family support is essential. On ......h the application for bail is liable to be rejected. 10. We have perused the application for bail, impugned judgment and order dated 08.10.2007, Supplementary-Affidavit with Annexures, Medical records including the reports of the Medical Board and other materials on record. From the medical ......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. ..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.
...... and not to do any harm to the properties and houses therein.
3. The suit of the plaintiff case is that the land described in Schedule-"Ka" of the plaint was belonged to the R. S. record of tenant and on successive transfer ultimately Zafar Ahmed became owner by purchase and......amid instituted a suit claiming 67½ decimals of land against the defendant as plaintiff in the Court of Assistant Judge in 1987 being Other Suit No.70 of 1987 and the plaintiff inspite of service of summons did not appear in that suit but defendant contest the suit and ultimately the sui..
Category: Civil Law, Property Law | Date: 5 Aug, 2008 | Hits: 4
Md. Mafizur Rahman Tutu and others Vs. State, 2008, 37 CLC (HCD)
....taken in the application for quashing are not the correct exposition of law. On the contrary the submissions advanced by the learned Counsel for the opposite party prevails and appears to have a good deal of force. 10. Having considered the facts and circumstances of the case and fore......ssions advanced by the learned Counsel's, we have gone through the application under section 561A of the Code of Criminal Procedure, the first information report, charge sheet, other materials on record and given our anxious consideration to their submissions. 8. On going to the materials o......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. ......ter settled the rest land i.e. the land of Schedule-3 land to the plaint remained as khas land which was vested to the Government by due operation of law. During S.A. operation the said land 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......ea 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 after liberation of Bangladesh he came to Bangladesh. Since the predecessor of the plain..Category: Property Law | Date: 30 Jul, 2008 | Hits: 2
Md. Karamot Ali Alias Rafique Alias Rafiqul Islam Vs. The State, 2008, 37 CLC (HCD)
....hibit-2/3'. The defence declined to cross examine him. 17. P.W.6 Shah Kamal stated that the occurrence took place in the last year and one sack was recovered but he did not see what the goods were inside the sack. 18. P.W.7 Bashir Pramanik and P.W.8 Fakir were tendered. The defenc......vocate for the convict petitioner, after taking us through the FIR, charge 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 p......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. ..Category: Criminal Law | Date: 30 Jul, 2008 | Hits: 5
State Vs. Metropolitan Police Commissioner, Khulna and others, 2008, 37 CLC (HCD)
....should be ringing in the minds of the Judge to remind him that provisions of the Children Act are applicable. He should immediately consider all possible means of releasing the child, unless there is good reason to keep her/him in detention. Here the learned Additional Chief Metropolitan Magistrate ......lls within the provision of section 83 of the said Code would have to be considered by the Court. Therefore, the police cannot be faulted for not releasing her there and then. But there is nothing on record to indicate that they at all considered her bail. Actions of the Police It is stated i......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)
....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. ......oner has filed this petition for leave to appeal. 15. Heard the learned Advocate and perused the petition and the impugned judgment and order of the High Court Division and other papers on record. 16. It appears that the High Court Division found that the order appointing the pe......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. ..Category: Trust/Waqf Law | Date: 22 Jul, 2008 | Hits: 166
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. ......rs that Reckitt Benckiser PLC U.K. is a foreign entity registered and situated in United Kingdom and it holds almost absolute majority (82.9%) of the share holder of respondent. The documents on record show that the nature of business of respondent-o.p. is similar to that of U.K. principle the ...... 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. ..Category: Alternative Dispute Resolution | Date: 13 Jul, 2008 | Hits: 18
Abdul Hannan Vs. State, 2008, 37 CLC (HCD)
....he proper procedure for appreciation of evidence of a witness is 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 im......………....................Respondent Judgment June 29, 2008. Result: The Appeal is allowed. Extra-judicial confession Extra-judicial confession if not recorded in the own language of the accused raises doubt about the genuineness of the extra-judicial......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. ......d his handwriting appearing on the written statement and Vokalatnama by the handwriting expert. 5. The trial Court found that the handwriting expert has already submitted a report which is on record and there is no scope for a further comparison of the handwriting of the defendant. Accordi...... 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)
....ned to enlarge the petitioner Nos. 2 and 3 on bail. 11. Having regard to the facts, the submissions advanced by the learned Counsel for the accused petitioners prevail and appears to have a good deal of force. Thus, the Rule, having merit, succeeds. 12. In the result, the Rule is mad......issions advanced by the learned Counsels, we have gone through the application for bail, first information report, charge sheet, the procedure of TI Parade, impugned order, the other materials on record and given our anxious consideration to their submissions. 9. On going to the materials ......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)
....correct exposition of law. Therefore, the same is repelled as devoid of any substance. On the contrary, the legal plea taken by the learned Counsel for the appellants prevails and appears to have a good deal of force. 25. In view of the discussion made above and the preponderant judicial view......ch is also barred under law. 9. In order to appreciate the submissions advanced by the learned Counsels, we have gone through the complaint of three cases, the impugned order, other materials on record and given our anxious consideration to their submissions. 10. On going to the materials ....... 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. ..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. ......te appearing for the petitioner, in the course of argument, has taken us through the writ petition, supplementary affidavits, plaint of the Artha Rin Suit No.470 of 2004 and other materials on record including the impugned ex parte judgment and decree dated 3-10-2004 and thereafter he critic......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. ..Category: Civil Law | Date: 17 Jun, 2008 | Hits: 7
Nadia Khalil Vs. Rudess Karim, 2008, 37 CLC (HCD)
....amount to granting full relief to the plaintiff of the Family Suit No.415 of 2008 before the adjudication of the said suit and as such the order of stay as passed by the learned District Judge was good enough and the refusal to set aside the same is perfect as well and therefore this rule must b......Advocate Mr. Md. Shohwardi remain present on behalf of the plaintiff-respondent-petitioner. Both the learned Senior Council argued on their respective cases. 13. Upon perusing the materials on record it appears that in this proceeding one Nadia Khalil and her Ex-husband Mr. Rudess Karim is ......ighly dissatisfied by the order of rejection as aforesaid the mother-plaintiff-respondent-petitioner preferred the instant revisional application and obtained the rule. 10. Pursuant to the service of the rule the learned Advocate Mrs. Rabeya Bhuiyan appeared on behalf of the defendant..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. ......ischarged him from his service by his letter dated 3-9-2002. 5. The case was heard by the 2nd Labors Court, Chittagong. The Labors Court after hearing the parties and considering the evidence on record set aside the impugned Memo by his judgment and order dated 28-5-2003 and directed to reinsta......ale and export thereof. 3. The case of the respondent No. 2 is, that he was a permanent worker in the Consolidated Tea and Lands Co. (Bangladesh) Ltd (Finals Swine Group) and he has rendered his service for 15 years with sincerity acclaiming confidence of the 2nd party and his basic pay is Taka..Category: Labour and Industrial Law | Date: 17 Jun, 2008 | Hits: 30
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