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Md. Mafizur Rahman Tutu and others Vs. State, 2008, 37 CLC (HCD)
....2 under section 22(ga) of the Narcotics Control Act, 1990 (briefly as Act), pending in the Court of Metropolitan assistant Session Judge, Fifth Court, Chittagong, should not be quashed. 2. Short facts leading to this Rule are that on 19-03-2002, Sergeant, Md. Tarek Ahmed of Bandar Police Statio...... 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)
.... the rule should be made absolute. 8. On the other hand the learned Counsel Mr. Md. Alamgir Kabir appearing on behalf of the defendant-appellant-opposite parties submits that the finding of facts whether concurrent or not arrived at by the lower appellate court is final unless it is m......is also Reported in: 29 BLD (HCD) (2009) 402. ......rom that plot and with these averments the defendants claimed for dismissal of the suit. 4. During the course of trial the learned Senior Assistant Judge, Cox's Bazar on consideration of the evidence on record and after perusing the papers and documents passed the decree in favour of the pl..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......d obtained the present Rule. 9. Mr. Hasan Foez Siddique appearing with Mr. Md. Kabirul Islam, the learned Advocate 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 ma&sh..Category: Criminal Law | Date: 30 Jul, 2008 | Hits: 5
State Vs. Metropolitan Police Commissioner, Khulna and others, 2008, 37 CLC (HCD)
....R. No. 559/2008, deposition of witnesses examined by him in the course of the inquiry to ascertain the age of Arifa and also other supporting documents in relation to the assessment of age. 4. The facts of the case, in brief, are that on 20.04.2008 a young girl by the name of Arifa, daughter of R......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...... were issued by order of this Court dated 14.5.2008 that proper steps were taken in accordance with section 66(1) of the Act to ascertain the age of the girl, by holding a full-fledged inquiry, where evidence in respect of her age was given by a number of persons. 10. The earliest reference to a..Category: Women and Children | Date: 22 Jul, 2008 | Hits: 147
Kazi Salahuddin Vs. Kazi Badruzzahedin (Dabir) and others, 2008, 37 CLC (AD)
.... whole price money was misappropriated by said Kazi Khairuddin and his son Badruzzahedin Dabir without spending a single farthing for the Wakf Estate. The inquiry report also disclosed the above facts as correct. 13. After hearing the parties the High Court Division by the impug...... 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: ......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)
....istrict 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 arisen out of two agre......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...... 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)
.... in the confession with regard to the participation of the accused person in the crime must be separately and independently corroborated, nor is it essential that the corroboration must come from the facts and circumstances discovered after the confession was made…………&hel......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...... of the extra-judicial confession………………………(42) Extra-judicial confession made before a person in authority cannot be relied upon as evidence without any independent corroboration………………&helli..Category: Evidence Law | Date: 29 Jun, 2008 | Hits: 175
Khairul Amin and others Vs. Md. Saidul Hoque & another, 2008, 37 CLC (HCD)
....রোক্ত প্রকারে উল্লেখিত দন্তখত সমূহের সাথে অসামনজস্যতাপূর্ন। In view of the aforesaid facts when the handwriting expert's opinion on the basis of scientific developed opportunity is av...... 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)
....found to be unreliable." 10. We are in respectful agreement with the aforesaid view. Therefore, we are inclined 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 a......(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)
....an Daman Tribunal, Thakurgaon, in Nari-o-Shishu Case No.181 of 2006, framing charge under sections 11(kha), 11(kha)/30 of the Ain, 2000, (amendment 2003) against the accused appellants. 2. Short facts leading to this appeal are that on 23-11-2006 the respondent No.1 as complainant filed a petit......d 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. ..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)
.... he criticised the impugned ex parte judgment and decree dated 3-10-2004 on various grounds. 6. Firstly, Mr. Hasan submits that the learned Judge of the Adalat, under misconception of law and facts, most illegally without applying judicial mind passed the impugned ex parte decree against ......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: ......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)
....photographs and the report submitted on behalf of the appellant that respondent is leading an immoral fast life. The profile shows that the respondent is habituated with Alcohol. However, all these facts may be proved at the time of trial. The respondent is living separately with Rajeeb Samdani ......) 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......by the mother and three days by the father, has been an interim arrangement till the question of permanent custody of the said minor girl is decided in the Family Suit No.415 of 2008 upon adducing evidence regarding the allegations and counter allegations and as such the learned District Judge..Category: Family Law | Date: 17 Jun, 2008 | Hits: 19
Golam Md. Shiblee Vs. Second Labor Court, 2008, 37 CLC (HCD)
....he 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 Jaghcharra Tea Estate, an establishment ......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...... authority discharged 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 directe..Category: Labour and Industrial Law | Date: 17 Jun, 2008 | Hits: 30
State Vs. Ershad Sheikh, 2008, 37 CLC (HCD)
....here was a miss-trial or trial without jurisdiction, the Court of appeal before directing a fresh trial by an appropriate Court should also see to whether such direction should at all be given in the facts and circumstances of a particular case. For example, if it is found that there was no legal ev......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 ...... cause the death of the deceased for dowry. 6. At the trial in order to substantiate the charge the prosecution examined thirteen witnesses. The confessional statement of accused was admitted into evidence and marked as exhibit. After closing of the prosecution evidence the accused was examined..Category: Women and Children | Date: 17 Jun, 2008 | Hits: 157
AKM Nazimuddin Vs. Md. Delwar Hossain and others, 2008, 37 CLC (HCD)
....ade subsequently though within the period of limitation that would be sufficient in compliance of the law." 22. In the case of Babu Hoque Vs. Lal Jan Bibi reported in 8 DLR 362 where in the facts of the case that the pre-emptor and his brother were owners of the land transferred and the pr...... Present: SAN Mominur Rahman J Shahidul Islam J AKM Nazimuddin………………………Petitioner Vs. Md. Delwar Hossain and others…………………………..Opposite......nding huge amount of money and that the pre-emption as sought was not maintainable. 4. The learned Senior Assistant Judge being trial Court framed appropriate issues and both the parties adduced evidence in support of their respective cases. The deed by which the land under pre-emption was..Category: Property Law | Date: 11 Jun, 2008 | Hits: 12
Unilever Bangladesh Ltd. Vs. Chairman, National Board of Revenue and others, 2008, 37 CLC (HCD)
....Lakme brand" finished products and/or empty "Lakme brand" packaging materials into Bangladesh and/or pass such other or further order or orders as to this Court may seem fit and proper. 4. The facts leading to the issuance of these Rules are, that the petitioner a company registered under th......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)
....tings (AGMs) of United Commercial Bank Limited (hereinafter referred to as "the Bank"). It is in that light that these four Applications are now being disposed of by a common judgment. 2. The facts of all these cases may be traced back to the time when on 4.9.2005 the Bank in compliance wi......HCD) (2008) 635. ......y-Participant) create a pledge or hypothecation in respect of the security owned by him through the Depository. An entry in the records of the depository to the above effect shall be the evidence of the pledge or hypothecation." 11. This Court notes that the references to the ..Category: Company Law | Date: 11 Jun, 2008 | Hits: 43
Haji Nasirullah and another Vs. Government of Bangladesh and others, 2008, 37 CLC (HCD)
.... Judgment Syed Mahmud Hossain J.-Writ Petition Nos.1448 of 2008 and 3071 of 2008 having been 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 ille......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 ......ing his .64 acre of land from acquisition proposal. In reply to the application, the DCC stated that the land in question was acquired by respondent No.1 after complying with the provisions of law as evidenced by Annexure-C1 dated 10.4.2008. On query, the petitioner came to know that notices under s..Category: Property Law | Date: 8 Jun, 2008 | Hits: 11
Tasmima Hossain Vs. Anti-Corruption Commission and others, 2008, 37 CLC (HCD)
....uch, of no legal effect and as to why the rule 15 of the Emergency Powers Rules, 2007 should not be declared be ultra vires of the Emergency Powers Ordinance, 2007 and the Constitution. 2. Short facts for disposal of the Rule are that the petitioner is the wife of Anwar Hossain Monju, former Mi......aqul Islam J Tasmima Hossain..................................................Petitioner Vs. Anti-Corruption Commission, represented by its Chairman, Head Office: 1 Segunbagicha, Dhaka and others……………………………........ 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. ..Category: Anti-Corruption Laws, Criminal Law | Date: 8 Jun, 2008 | Hits: 7
Mst. Phulbanu @ Phul Vs. State, 2008, 37 CLC (HCD)
....out of Sherpur Police Station Case No.11 dated 29-09-2005 under sections 406, 420 of the Penal Code, now pending in the Court of Magistrate, First Class, Bogra, should not be quashed. 2. Short facts leading to this Rule are that on 29-09-2005 one Abbas Ali as informant lodged a first inform......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, ......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. ..Category: Procedural Law | Date: 5 Jun, 2008 | Hits: 4
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