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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. ......tion of the dead body opined that death of the deceased was due to asphyxia resulting from strangulation. Next day on 22-4-2004 the accused was arrested. On 23-4-2004 he made a confessional statement recorded by the Magistrate under section 164 of the Code of Criminal Procedure. Police after investi......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. ..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. ...... support of their respective cases. The deed by which the land under pre-emption was executed and registered was marked as Exhibit Chha (ছ). 5. Upon consideration of the evidences on record, the learned Senior Assistant Judge dismissed the pre-emption case holding the same to be bar...... which reads thus: Right of Pre-emption.—(1) If a portion or share of a holding of a raiyat it transferred, one or more co-sharer tenants of the holding may, within four months of the service of the notice given under section 89, or, if no notice has been served under section 89, wit..Category: Property Law | Date: 11 Jun, 2008 | Hits: 12
A.B.M. Khaliquzzaman and others Vs. United Commercial Bank Ltd. and others, 2008, 37 CLC (HCD)
....ng up of this Order and to report the compliance thereof within 1(one) week thereafter. There is no order as to costs. Ed. This Case is also Reported in: 28 BLD (HCD) (2008) 635. ......Dividend for the year 2006 Dear Sir With Reference to your letter No.DSE-LC-83/2007 dated December 2006 captioned subject we are pleased to clarify the issues as under: 1. Declared record date for the year 2006 is 16.01.2008. The shareholders whose names will appear in Members L......ement entered into between the Depository and the Depository-Participant. An investor, through a Depository-Participant, may enter into an agreement with the Depository for a availing his services. A Depository-Participant (DP) is the representative (agent) of the Depository in th..Category: Company Law | Date: 11 Jun, 2008 | Hits: 43
Haji Nasirullah and another Vs. Government of Bangladesh and others, 2008, 37 CLC (HCD)
....clear that prior to 19.7.2007, Mr. Md. Ishaque Mia was competent to issue notice under section 3 of the Ordinance. As a result, the submission of the learned Advocate for the petitioner does not hold good. 35. Mr. Mahmudul Islam, learned Advocate for the petitioner of Writ Petitioner No.3071 of......half of respondent No.7 under section 3 of The Requisition and Acquisition of Immovable Property Ordinance, 1982 (in short, the Ordinance). The notice was served on Mr. A. Samad, an owner of the land recorded in R.S. plot No.2357. The notice disclosed the intention of the Government for acquisition ...... the side of Dhaka-Chittagong highway where a whole sale market for vegetables has been functioning. Plot No.5003 is contiguous to plot No.4805. All of a sudden, the petitioner came to know about the service of a notice dated 12.7.2007 under the signature of respondent No.6 on behalf of respondent N..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. ...... of such order fails to submit statements or information in writing in accordance therewith or submits any statement or information that appears to be baseless or false or he submits books, accounts, record, declaration or return or any document or any statement which is for appropriate reason consi...... statement of her assets. 9. He submitted that in the facts and circumstances of the case, lodging of the FIR and initiation of the criminal proceedings against the petitioner in connection with service of notice under section 26 of the ACC Act and/or rule 15ঘ(5) of the EP Rules, 2007 upon he..Category: Anti-Corruption Laws, Criminal Law | Date: 8 Jun, 2008 | Hits: 7
Mst. Phulbanu @ Phul Vs. State, 2008, 37 CLC (HCD)
....ounsel for the petitioner, stands 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......the learned Counsels we have gone through the first information report, charge sheet, the application filed by the accused before the learned Magistrate, the relevant orders, other materials on record and given our anxious consideration to their submissions. 9. On going to the materia......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
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.......rcumstances of these appears a reasonable apprehension in the mind of the complainant that she will not get a fair trial or that she may be deprived to defend at the trial. 6. It appears from the record that allegation is that the accused opposite parties are very powerful men in the locality an......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...Category: Women and Children | Date: 5 Jun, 2008 | Hits: 109
Mannan alias Mannan Khan (Md.) Vs. State, 2008, 37 CLC (HCD)
....of the case and the evidence oral and documentary on record and in law. 32. Having regard to the facts, the legal plea taken by the learned Counsel for the defence prevails and appears to have a good deal of force. On the contrary, we failed to discover any merit in the submissions advance......e that the appellant kept the diesel and kerosene for the purposes other than gain whether financial or otherwise. Secondly, the learned Judge of the Tribunal failed to weigh and sift the evidence on record as required by law and evidently fell in an error in coming to his ultimate decision occ......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. ...... are being disposed of by this common judgment as they do involve common questions of laws and facts. 2. The petitioners of both the Writ Petitions have challenged the order retiring them from service according to Regulation 11A (2) of the Bangladesh Biman Corporation Employees (Service) Re..Category: Procedural Law | Date: 4 Jun, 2008 | Hits: 7
Md. Mannan Alias Mannan Khan Vs. State, 2008, 37 CLC (HCD)
....e case and the evidence oral and documentary on record and in law. 32. Having regard to the facts the legal plea taken by the learned Counsel for the defence prevails and appears to have a good deal of force. On the contrary we failed to discover any merit in the submissions advanced by ......that the appellant kept the diesel and kerosene for the purposes other than gain whether financial or otherwise. Secondly the learned Judge of the Tribunal failed to weigh and sift the evidence on record as required by law and evidently fell in an error in coming to his ultimate decision occas......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
Mrs. Shahida Khatun and another Vs. Zafrul Hasan and State, 2008, 37 CLC (HCD)
.... High Court Division refused, to quash the proceeding." 16. Having regard to the facts, the submissions advanced by the learned Counsel for the opposite party No.1 prevails and appears to have a good deal of force. On the contrary we failed to discover any merit in the instant application for q......reciate the submissions advanced by the learned Counsels, we have gone through the grounds taken in the instant application, under section 241A of the Code of Criminal Procedure, other materials on 2 record and given our anxious consideration to their submissions. 8. On going to the materials o....... 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
....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.
...... Division made the Rule absolute declaring the Notification issued without any lawful authority and was of no legal effect on the view, inter alia, that,
“Be that as it may, there is nothing on record to show that the petitioner who is a citizen of Bangladesh has incurred any disqualification ......o. 3831 of 2001. He solicited an urgent decision in the matter of citizenship of these people. He reasoned that after introduction of National Identity Card as a condition for delivery of a number of services, these people may lose access to many services they currently enjoy. Even renewal of a rick..
Category: Election Law | Date: 18 May, 2008 | Hits: 122
Zakir Hossain and another Vs. Md. Yousuf Kabir and others, 2008, 37 CLC (HCD)
.... property forcibly on 16.09.97 and evicted the plaintiffs and their men therefrom and looted away the household articles worth taka 6,00,000/00. In the similar way the defendants also looted away the goods from 10 (ten) family rooms and 13 (thirteen) shops in the suit property and took possession th...... on 20.01.1954 through court. Ali Ahmed being in possession of the auction purchased land (hereinafter referred to as the suit property) for more than 12 years mutated his name in the Government record and paid rents accordingly; S.A. Khatian being No.197 and R.S. Khatian being No.1248 were pre......Rules framed under section 38 of the Act have provided the details as to how the notice under section 7 of the Act shall be served. Section 8 of the Act has clearly stipulated that from and after the service of notice of any certificate under section 7 of the Act upon a certificate debtor any privat..Category: Property Law | Date: 13 May, 2008 | Hits: 5
Abdul Alim @ Chutta and another Vs. State, 2008, 37 CLC (HCD)
....y the learned Assistant Attorney-General as the same are devoid of any substance. On the contrary the submissions advanced by the learned Counsel for the petitioners prevails and appears to have a good deal of force. 15. In view of the discussions made above and the preponderant judicial vi......complaint, the complainant himself on 10-04-2006, made allegation in the Madhabpur Police Station in respect of death of his sister wherein he did not mention any name of the accused. The same was recorded as Madhabpur Police Station U.D. Case No.05 dated 10-04-2006, and considering the material......ody if they 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: 15 MLR (HCD) (2010) 476. ..Category: Criminal Law | Date: 13 May, 2008 | Hits: 9
Shrimp and Fish Processing Plant Ltd. Vs. National Bank Limited and others, 2008, 37 CLC (HCD)
....he order of stay granted earlier by this Court stands vacated. Communicate the order to the Adalat concerned at once. Ed. This Case is also Reported in: 28 BLD (HCD) (2008) 503. ......ation of loan as defined in section 2 (kha) of the Artha Rin Adalat Ain, 1990 hereinafter referred 'the Ain, 1990). 4. The Adalat upon hearing the parties and on considering the materials on record by Order No.11 dated 31.05.2003 rejected the said application under Order VII rule 10 read ......he order of stay granted earlier by this Court stands vacated. Communicate the order to the Adalat concerned at once. Ed. This Case is also Reported in: 28 BLD (HCD) (2008) 503. ..Category: Procedural Law | Date: 4 May, 2008 | Hits: 9
Kazi Ramimul Islam Vs. State, 2008, 37 CLC (HCD)
....sly prejudiced. The essence of section 342 of the Code of Criminal Procedure is to enable the accused to apprehend the allegations and evidence levelled against him for the purpose of affording him a good defence. 70. The examination of the accused under section 342 of the Code is not a mere form......t information report. 3. Sl Ataur Rahman, took up the investigation, visited the place of occurrences prepared sketch map with separate index of the place of occurrence, examined the witnesses and recorded their statements under section 161 of the Code of Criminal Procedure. He also produced the ......ul Islam is discharged from his respective bail bond. Send down the lower Court records along with a copy of Judgment expeditiously. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 6. ..Category: Women and Children | Date: 4 May, 2008 | Hits: 151
Kazi Ranimul Islam Vs. State, 2008, 37 CLC (HCD)
....sly prejudiced. The essence of section 342 of the Code of Criminal Procedure is to enable the accused to apprehend the allegations and evidence levelled against him for the purpose of affording him a good defence. 70. The examination of the accused under section 342 of the Code is not a mere form......t information report. 3. SI Ataur Rahman, took up the investigation, visited the place of occurrences prepared sketch map with separate index of the place of occurrence, examined the witnesses and recorded their statements under section 161 of the Code of Criminal Procedure. He also produced the ......imul Islam is discharged from his respective bail bond. Send down the lower Court records along with a copy of judgment expeditiously. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 6...Category: Women and Children | Date: 4 May, 2008 | Hits: 8
Jewel Cotton Spinning and Weaving Mills Ltd. Vs. Bangladesh & others, 2008, 37 CLC (HCD)
....d with cost. The trial Court is directed to dispose of the suit preferably within three months from the date of receipt of the order. Ed. This Case is also Reported in: 13 BLC (HCD) (2008) 572. ...... the plaintiff, failed to appear on the date fixed by the Adalat, the suit shall not be dismissed but the Adalat shall pass judgment and order on consideration of the paper and documents available on record. He further submits that sub-sections 2 and 3 of section 14 and subsection 6 of section 19 ...... of the suit. He further submits that according to sub-section (1), section 17, the suit has to be disposed of within 90 days, if the defendant fails to appear before the Court within 30 days despite service of summons and if the defendant appears within maximum period of 30 days after submitting wr..Category: Civil Law | Date: 24 Apr, 2008 | Hits: 62
Chairman, Bangladesh Water Development Board Vs. Md. Abdur Rahman, 2008, 37 CLC (HCD)
....he Courts below stand maintained. Send down the lower Court's record and a copy of the judgment and order to the Court concerned. Ed. This Case is also Reported in:61 DLR (HCD) (2009) 42. ......vocate for the opposite party, files a counter affidavit and submits that the plaintiff has succeeded to prove his case before the Courts below and considering the facts, circumstance and evidence on record, the trial Court decreed the suit and the lower appellate Court affirmed the judgment passed ......n the Court of Assistant Judge, Sadar, Kurigram impleading the petitioner Nos. 1-4 as defendant Nos. 1-4 and prayed for a decree for declaration that he is entitled to get gratuity, pension and other service benefit as a regular Government employee. 3. The case of the plaintiff is that he joine..Category: Employment/Service Law | Date: 24 Apr, 2008 | Hits: 50
M. Shafuqul Alam and others Vs. Qazi Rafiq Ahmed and others, 2006, 35 CLC (HCD)
....ed. Communicate the order at once to the Court of learned Senior Assistant Judge, Sylhet for his information and necessary action. Ed. This Case is also Reported in: 14 MLR (HCD) (2009) 476. ......ed. Communicate the order at once to the Court of learned Senior Assistant Judge, Sylhet for his information and necessary action. Ed. This Case is also Reported in: 14 MLR (HCD) (2009) 476. ......in Dhaka. 2. The plaintiff opposite party instituted, the aforesaid Title Suit No.56 of 1998 in the Court of learned Senior Assistant Judge, Sylhet for declaration that the order of dismissal from service of the bank dated 12.04.1997 passed by the defendant-petitioner No.1 is illegal, void and no..Category: Procedural Law | Date: 12 Apr, 2008 | Hits: 40
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