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Aysha Begum and others Vs. Mozibur Rahman, 2010, 39 CLC (HCD)
....is allowed. The impugned order passed by the learned Joint District Judge is set aside. There shall, however be, no order as to cost. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 160. ......at since the death of his father in 1967 the kha schedule properties used to be managed by Abdul Gani, predecessor of defendant Nos.1-4, i.e., the appellants. Subsequently defendant No.9 (plaintiff's full brother) in connivance with defendant No.10, another full brother, and other defendants forcibl......rs. His mother was later added as defendant No.13. The appellants i.e. heir of Abdul Gani and the added defendant No.13 made their appearance in the suit but did not file written statement. At this stage the plaintiff filed an application under Order XL rule 1 of the Code of Civil Procedure, shortly..Category: Civil Law | Date: | Hits: 126
Shaukat Ali and another Vs. Chairman, Labour Court, Khulna and others, 1992, 21 CLC (HCD)
....f Labour (Standing Orders) Act, 1965. With the aforesaid observation the rules are discharged. There will be no order as to costs. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 410. ......ion with others recorded inflated figures of firewood for personal gain at the cost of the mill. The petitioner who appeared before the enquiry committee to face the charge made against him was given full opportunity to defend his case and he cross examined the prosecution witnesses who were examine......dents Judgment March 1, 1992. Result: The rules are discharged. Cases Referred to- Md. Waziullah and another Vs. Secretary, Bangladesh Shipping Corporation and others, 32 DLR 36; Manager, Zeal Bangladesh Sugar Mills Ltd. Vs. Chairman First Labor Court and another, 34 DLR 1. Lawy..Category: Labour and Industrial Law | Date: | Hits: 182
State Vs. Tutul & Fazlur Rahman @ Badal and others, 2011, 40 CLC (HCD)
....fan be discharged from his bail bond. Send down the Lower Court Records, along with a copy of this, judgment and order, at once. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 516. ......t to remain silent and not to incriminate himself. A mature person can assess pros and cons in waiving that right when making any confessional statement, but the immature child can not be expected to fully appreciate the outcome of his action in waiving the right to silence. At that age he would be ......a Mia (P.W.2) told him that on the same day i.e. 2.6.1998 at 7-30 P.M. they, along with his nephew victim Rony, were going by Rickshaw towards Jatrabari from Kazlarpar and when they reached near a garage some 5/6 unknown young men stopped their Rickshaw and abducted them with intent to kill them. At..Category: Criminal Law | Date: | Hits: 98
State Vs. Nazma Sarker @ Beauty and others, 2011, 40 CLC (HCD)
....ker even if the confessional statement of the condemned-prisoner Nazma Sarker @ Beauty is taken to be true and voluntary. Mr. Sircar further submits that the condemned prisoner Rokeya Begum is a poor woman who had been serving in the house of deceased Hanif Sarker as maid servant and she has been ma......"bat" measuring 9V&? each in length, one blood stained bed sheet, 2 blood stained pillow covers with two pillows and blood stained red printed shari, a blood stained Orna (Scarf), a blood stained full pant and a blue colored half handed vest lying beside the dead body of Hanif Sarker. The appell......hafali Begum and another Vs. The State, 1 BCR (1981) 105; State Vs. Nurul Islam, 31 BLD (HCD) ( 2011)285; 42 DLR. 187; 12 D.L.R.(SC) 156; 16 DLR (SC) 598; 19 DLR 819; 31 DLR 316; 32 DLR 227; 56 DLR, Page 124; 32 DLR (1980) 227; AIR 1954 (SC) 278. Lawyers Involved: Muhammad Jamiruddin Sircar wi..Category: Criminal Law | Date: | Hits: 99
Moslem Ahmed Sarker (Md.) alias Muslim Ahmed Vs. Abdul Khaleque and others, 1998, 27 CLC (HCD)
....ocedure. In the result, the Rule fails and it is discharged without my order as to costs. Let the LC records be sent down at once. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 616. ...... when the pre‑emptor is in loco parentis with the pre‑emptee and he plays a definite part in bringing about the disputed transfer, the principles of waiver, estoppel and acquiescence will come in full‑play. In the instant case, the pre‑emptee, of course, took such a plea in his written objec......ocedure. In the result, the Rule fails and it is discharged without my order as to costs. Let the LC records be sent down at once. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 616. ..Category: Property Law | Date: | Hits: 91
Mrs. Nadira Rahman Vs. Sayed Amir Hossain, 1983, 12 CLC (HCD)
....d orders were passed and she is to continue as Mutwalli till she resigns or is removed in accordance with law. No order as to cost. Ed. This Case is also Reported in:35 DLR (HCD) (1983) 277. ......d orders were passed and she is to continue as Mutwalli till she resigns or is removed in accordance with law. No order as to cost. Ed. This Case is also Reported in:35 DLR (HCD) (1983) 277. ...... Hossain………………………………Opposite Party Judgment May 31, 1983. Result: The rule is made absolute. Cases Referred to- L.R.C. Vs. Duke of Westminster, 36 A.C. at page 1; Muhammad Swaleh and another Vs. Messers United Grain & Fodder Agencies, 16 DLR (SC) 155..Category: Trust/Waqf Law | Date: | Hits: 134
Rezaul Karim Vs. Rashida Begum and another, 1995, 24 CLC (HCD)
....87 pending in the Court of Thana Magistrate Keshabpur, District Jessore, passed at the time of issuance of the Rule is hereby vacated. Ed. This Case is also Reported in:48 DLR (HCD) (1996) 416. ...... stated that a Family Court shall have exclusive jurisdiction to entertain, try and dispose of any suit of specific five matters including maintenance. (underlined by us) 10. We are, therefore, in full agreement with the decision of the Division Bench reported in 47 DLR 18 wherein it has been hel......viding similar relief in a subsequent Act instead of repealing that provision in the previous Act. 9. In 42 DLR 450 learned single Judge gave the aforesaid decision upon wrongly comparing the language of section 26 of the Special Powers Act with that of section 3 of the Family Courts Ordinance wi..Category: Family Law | Date: | Hits: 133
Bazlur Rahman Sikder Vs. Tahera Begum Shamima, 1998, 27 CLC (HCD)
....f maintenance excessive or in any way contrary to law. We, therefore, find no merit in this application, which is summarily rejected. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 612. ......f maintenance excessive or in any way contrary to law. We, therefore, find no merit in this application, which is summarily rejected. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 612. ......e, in short, are that defendant‑petitioner Bazlur Rahman Sikder married plaintiff‑opposite party Mrs. Tahera Begum Shamima on 11‑5‑77 and that they have two sons out of the wedlock. This marriage was terminated by the husband through divorce on 3‑4‑94. After this divorce the wife filed F..Category: Family Law | Date: | Hits: 136
Signage Vs. Commissioner of Customs and others, 2010, 39 CLC (HCD)
.... no legal effect. And the rule issued in relation to the allocation of fixation of a separate service code is hereby discharged. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 137. ......address of Gulshan-2, Dhaka and it has VAT Identification No.5101059859 as procurement provider under code No.S-037.00 (Annexure-G of the writ petition). Having examined the impugned order itself carefully we understood that the respondent No.3 tried to describe the business of the petitioner runn......Case is also Reported in: 64 DLR (HCD) (2012) 137. ..Category: Fiscal/Taxation Law | Date: | Hits: 168
Bangladesh Legal Aid and Services Trust (BLAST) Vs. Bangladesh and others, 2010, 39 CLC (HCD)
....at the cost of the Office immediately for information and compliance with the same. However, there would be no order as to costs. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 124. ......at the cost of the Office immediately for information and compliance with the same. However, there would be no order as to costs. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 124. ......itioner No.1 Bangladesh Legal Aid and Services Trust (BLAST) is a legal aid and human rights organization committed to protecting and promoting human and fundamental rights of the poor and disadvantaged groups in keeping with the spirit of the Constitution, and striving to establish the Rule of la..Category: Labour and Industrial Law | Date: | Hits: 163
Md. Altab Hosen and others Vs. Md. Muhammad Ali and others, 2005, 34 CLC (HCD)
.....8.1994 and having its registration No.36. As per circular issued by the Government a Managing Committee was formed with 11 (eleven) members of which the plaintiffs was the secretary. One man and one woman from amongst the persons interested in education and doner were also-included as members of th......e plaintiff in charge of his duties as headmaster. 4. That application was contested by the defendant Nos.1-4 and 6-10 by filing Written Objection contending, inter alia, that the committee was lawfully framed. The school was registered as Non-Government School on 8.8.1994 having Registration No.......with the defendant Nos.1-10 and approved by the defendant No.12 dated 18.12.03 to be illegal, unlawful, void and not binding upon the plaintiff contending, inter alia, that the people of Shalaudi village of Baruhadia union under police station Pakundia, Distsrict Kishorganj established a primary sch..Category: Civil Law | Date: | Hits: 107
Mohammad Badiuzzaman Vs. Bangladesh and Others, 2010, 39 CLC (HCD)
....f 1998, to be stayed. Accordingly, the prayer is refused. There is no order as to costs. Moyeenul Islam Chowdhury J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 208. ......that are admittedly in the process of being implemented. Upon a consideration of the same it is evident that certain administrative, political and legal pathways are yet to evolve or be followed to fully implement these provisions. The pursuit of those pathways, particularly with regard to the eff......y, the Shanti Bahini, an armed wing of the PCJSS was formed on 7 January 1973 that, after the assassination of Prime Minister Sheikh Mujibur Rahman in August 1975 became a clandestine organization engaged in armed insurgency against the Government. 13. This Court notes that subsequent development..Category: Constitutional Law | Date: | Hits: 314
Md. Nurussafa Vs. State and another, 2012, 41 CLC (HCD)
....been stated above, the Rule is discharged. The Court below is directed to deal with the fugitive petitioner in accordance with law. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 80. ......been stated above, the Rule is discharged. The Court below is directed to deal with the fugitive petitioner in accordance with law. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 80. ...... should submit to the process of justice before he can claim the right of audience provided in lawas well as the judicial convention, which is very much effective in the Court of law. Enunciating the age-old maxim that a man who seeks justice from the Court of law must come before the Court to agita..Category: Criminal Law | Date: | Hits: 99
Abdur Jabbar Sheikh Vs. Md Rafiqul Islam and others, 2010, 39 CLC (HCD)
....side and that of the trial court is restored. However, there shall be no order as to cost. Send the LCR back to the courts below. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 470. ......perly negotiated the entire sale. The talk of sale was held at the suit hut in presence of the plaintiff. He paid Taka 18,000.00 to the seller Raja Kha and obtained a binapatra on 01.01.1979 with the full knowledge of the plaintiff. The plaintiff thereafter admitted the defendant No.3 as his landl......LR (HCD) (2011) 470. ..Category: Property Law | Date: | Hits: 119
AKM Fayekuzzaman Vs. State and another, 2010, 39 CLC (HCD)
....ce, if any, if she wished under actual facts. Let a copy of this Judgment be sent to the trial Court at once for necessary action. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 37. ...... Court that there is no ground for proceeding so that frivolous cases and cases of no evidence do not Occupy the time of the Court and innocent persons are subjected to the rigorous and expenses of a full scale trial. 21. The Role of High Court Division is to see whether things are done rightly. ...... 1,50,00,000 on the blank cheque and filed the case under section 138 of the Negotiable Instruments Act for illegal gain. This fraudulent conduct of the complainant party Rejina Begum cannot be encouraged allowing to proceed her case under section 138 of the Negotiable Instruments Act. The Negotiabl..Category: Criminal Law | Date: | Hits: 99
Eddystone Broadcast Vs. Government of Bangladesh & Others, 2010, 39 CLC (HCD)
....ioner's tender in accordance with law in the light of the findings made in the body of the Judgment. There is no order as to costs. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 7. ......to Respondent No.2 authorizing its local agent ASBL International Division to submit a tender in response to the invitation of tender dated 25-7-2007 and to subsequently sign the contract extending full guarantee and warranty in accordance with general condition (GCC) clause-32. The petitioner t...... are: The petitioner, Eddystone Broadcast, is a company incorporated under the Companies Act, 1985 with the Registrar of Companies for England and Wales. The petitioner entered into a commercial agency agreement with ASBL International Division on 13-3-2007 and appointed ASBL International Divi..Category: Others | Date: | Hits: 127
Sohel Monir Vs. State, 1996, 25 CLC (HCD)
....pon the appellant is hereby set aside and the appellant is acquitted of the charge. The appellant is discharged from his bail bond. Ed. This case is also Reported in:49 DLR (HCD) (1997) 407. ......or by any Court other than (High Court Division)……………………………the whole of such examination, including every question put to him and every answer given by him, shall be recorded in full, in the language in which he is examined, or, if that is not practicable, in the language of th......mant noticed that the said passenger was behaving in an abnormal manner without reporting to the transit desk and looking around in search of someone. He then kept his brief‑case and other hand baggage on the floor and went up to the first floor through the stair‑case. The informant followed him..Category: Criminal Law | Date: | Hits: 100
State Vs. Kamal Ahmed, 1997, 26 CLC (HCD)
....d appellant Mofazzal Ali Haider @ Md. Haider Ali under section 120B of the Penal Code is set aside and he is acquitted of that charge. Ed. This case is also Reported in:49 DLR (HCD) (1997) 381. ......n of 2nd and 3rd lumbar vertebra back side, size ¾”x ¾”x abdominal cavity and one echaimosis present just below the umbilicus size 1" x 1". On dissection the abdomen, abdominal cavity was found full of ante‑mortem blood clot at the level of ambitioas. One bullet was found in the abdominal ca......siders chased the robbers who tried to flee riding Motor Cycle, but lost the control of the same when it hit the speed breaker on the road and they fell down. Thereafter one of the dacoits somehow managed to escape but the people chased the other two, one of whom i.e. condemned prisoner Kamal Ahmed ..Category: Criminal Law | Date: | Hits: 131
Md. Nazrul Islam Mollah alias Nazrul Islam Mollah Vs. State and another, 2009, 38 CLC (HCD)
....scharged. Stay granted earlier by this Court at the time of issuance of the Rule is hereby vacated. Md. Abdus Samad J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 103. ......scharged. Stay granted earlier by this Court at the time of issuance of the Rule is hereby vacated. Md. Abdus Samad J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 103. ......ated the entire amount of money given to him by the informant. Mr. Talukder further submits that when the F.I.R. discloses the offence as alleged, the petitioner can not seek for any relief at this stage before framing of the charge and as such the Rule is liable to be discharged. 8. Mr. Khandake..Category: Criminal Law | Date: | Hits: 108
Md. Aktar Hossain and others Vs. Capital Tower (Pvt.) Ltd. and others, 2008, 37 CLC (HCD)
....der inform the Respondent No.10, Registrar of the same and send him a certified copy of the same. 17. There is no order as to costs. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 265. ......with the primary objectives to purchase land, construct residential and/or commercial structures on the same and thereafter to offer the same by way of sale to the public at large as otherwise more fully described in the Objects Clause of the Memorandum of Association (Annexure-‘A’). The probl......on land acquired by the Company in Mirpur, Dhaka for which the Company entered into a contractual relationship with a construction company, M/s. Technopole Construction Company, i.e., a Contractor engaged by the Company in the construction process, upon the said construction company being a successf..Category: Company Law | Date: | Hits: 177
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