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Mohammad Nasim Vs. State and another, 2008, 37 CLC (HCD)
....) years and to pay a fine of Tk. 10,00,000/- in default to suffer rigorous imprisonment for 1(one) year and also confisÂcated the properties acquired through imÂproper means, disproportionate to lawful source of income in the name of the appellant and both the sentences shall run consecuÂtive......sent: Md. Muzammel Hossain J Syed AB Mahmudul Huq J Mohammad Nasim……………………………………………………………………….Appellant Vs. The State and another…………………………………………………………………Respondents ......Muzammel Hossain J.- This is an application for bail on behalf of the accused-appellant-Mohammad Nasim. 2. The accused-appellant preferred the instant appeal against the impugned judgment and order dated 08.10.2007 passed by the learned Special Judge, Special Court No.1, Dhaka in Special Ca..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.
......Md. Dabirush-Shan J
S.M. Mohiuddin Hossain…………………………Petitioner
Vs.
Jalalabad Co-Operative Housing Society Limited and others………….Opposite Parties
Judgment
August 5, 2008.
......tiff has been in exclusive possession and the name of the plaintiff has been mutated by separating the jama in Mutation Case No.2649/1991-92 and his name was also recorded in the B.S. Khatian by order dated 09.06.1992. The plaintiff for his exclusive use constructed the boundary walls in all si..
Category: Civil Law, Property Law | Date: 5 Aug, 2008 | Hits: 4
Md. Mafizur Rahman Tutu and others Vs. State, 2008, 37 CLC (HCD)
....olice of the offences punishable under this Act will not override by any provisions under this Act. for this reason, an application for quashing the proceedings are not the correct exposition of law. Case Referred to- Kali Pada Sana Vs. The State, 1985 BLD (AD) 278. Lawyers Invol...... 7 LG (HCD) (2010) 78, 29 BLD (HCD) (2009) 30. ......e under this Act by the Police. He adds that the first information report clearly discloses the offence under section 22(ga) of the Act. So the proceedings cannot be quashed at this stage. 7. In order to appreciate the submissions advanced by the learned Counsel's, we have gone through the ..Category: Criminal Law | Date: 31 Jul, 2008 | Hits: 92
Motahera Begum and others Vs. Abdul Monaf and others, 2008, 37 CLC (HCD)
....in favour of the defendant No.5. Thereafter 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 ......is also Reported in: 29 BLD (HCD) (2009) 402. ......g been concluded on finding of facts as such no interference is called for in revision under Section 115(1) of the Code of Civil Procedure. In the result, the rule is discharged without and order as to the costs. Lower Courts record be sent down at once with a copy of the judgment. ..Category: Property Law | Date: 30 Jul, 2008 | Hits: 2
Md. Karamot Ali Alias Rafique Alias Rafiqul Islam Vs. The State, 2008, 37 CLC (HCD)
....sidyl as alleged by the prosecution was recovered from the possession of the convict petitioner and, thus, this is a case of no evidence. The learned advocate referring the relevant provision of law under section 25B(2) of the Special Powers Act submits that the offence is punishable with impri...... 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...... 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 Special ..Category: Criminal Law | Date: 30 Jul, 2008 | Hits: 5
State Vs. Metropolitan Police Commissioner, Khulna and others, 2008, 37 CLC (HCD)
....ation of the child within the family and so as to enable him/her to assume a constructive role in society. 12. Due consideration must be given to the fact that children come into conflict with the law due to failure of their parents/ guardians or the State to provide adequate facilities for their......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......n accordance with section 66 of the Children Act, 1974 (the Act, 1974). In due course we received a further report from the CMM under Memo No. KMM-113/08-488 dated 12.06.2008 along with copies of the order sheet of G.R. No. 559/2008, deposition of witnesses examined by him in the course of the inqui..Category: Women and Children | Date: 22 Jul, 2008 | Hits: 147
Kazi Salahuddin Vs. Kazi Badruzzahedin (Dabir) and others, 2008, 37 CLC (AD)
.... and declaring order dated 27.08.2003 made by the respondent No.2 (Assistant Administrator) appointing the petitioner as Mutwalli of Khairuddin Kazi Wakf Estate, Dhaka to have been made without any lawful authority and of no legal effect. 2. Late Kazi Khairuddin and his son Badruzzahedi...... 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: ......by Zahirul Islam, Advocate-on-Record-For Respondent No. 1. Not represented- Respondent Nos. 2-3. Civil Petition for Leave to Appeal No. 136 of 2008. (From the judgment and order dated 26.11.2007 passed by the High Court Division in Writ Petition No.5937 of 2003.) ..Category: Trust/Waqf Law | Date: 22 Jul, 2008 | Hits: 166
Md. Abdul Jabber Biswas and others Vs. Aysha Khatoon and others, 2008, 37 CLC (HCD)
....er Court's Records immediately. However, there is no order as to costs. Ed. This Case is also Reported in: 29 BLD (HCD) (2009) 28. ......) 28. ......el Hoque Bhuiyan with A. K. M. Salauddin Khan- For the Opposite Parties. Civil Revision No.4641 of 2005. Judgment Md. Miftah Uddin Choudhury J.-This rule arises out of the judgment and order dated 13.09. 2005 passed by the learned Joint District Judge, First Court, Patuakhali, in Misc..Category: Property Law | Date: 21 Jul, 2008 | Hits: 3
Md. Abdul Jabber Biswas Vs. Aysha Khatoon and others, 2008, 37 CLC (HCD)
.... the Lower Court's Records immediately. 13. However, there is no order as to costs. Ed. This Case is also Reported in: 29 BLD (HCD) (2009) 28. ...... (HCD) (2009) 28. ......el Hoque Bhuiyan with A. K. M. Salauddin Khan- For the Opposite Parties. Civil Revision No.4641 of 2005. Judgment Md. Miftah Uddin Choudhury J.-This rule arises out of the judgment and order dated 13.09. 2005 passed by the learned Joint District Judge, First Court, Patuakhali, in Misc..Category: Property Law, Tenancy Law | Date: 21 Jul, 2008 | Hits: 5
Reckitt Benckiser (Bangladesh) Ltd. Vs. Oram Limited, Sale Centre, 2008, 37 CLC (HCD)
....der section 151 of the Code the revision application is quite maintainable, consequently this Division has the jurisdiction to see as to whether the learned District Judge committed any error of law resulting in an error occasioning failure of justice in passing the same. 7. Since the poin......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......nd Anwar Patwary- For the Opposite Party. Civil Revision No.4613 of 2007. Judgment Md. Abdul Wahhab Miah J.-This rule was issued calling upon the opposite party to show cause as to why order No.3 dated 16.8.2007 passed the District Judge, Dhaka in Arbitration Miscellaneous Case No.661..Category: Alternative Dispute Resolution | Date: 13 Jul, 2008 | Hits: 18
Abdul Hannan Vs. State, 2008, 37 CLC (HCD)
.... all the circumstances under which confession was made and to ascertain whether it is true and voluntary……………………(49) Principle of criminal law The cherished principles or golden thread of proof beyond reasonable doubt which runs throu......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...... For the State Respondent. Criminal Appeal No.1638 of 1995. Judgment Siddiqur Rahman Miah J. - This criminal appeal at the instance of Abdul Hannan is directed against the judgment and order dated 18-11-1986 passed by the learned Sessions Judge, Narayanganj in Sessions Case No. 4 of 1..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. ...... is also Reported in: 61 DLR (HCD) (2009) 252. ......…………………….Petitioners Vs. Md. Saidul Hoque & another.............Opposite Parties Judgment June 19, 2008. Result: The Rule is discharged without any order as to costs. Lawyers Involved: Saifur Rahman, Advocate — For the Petitioner. ..Category: Evidence Law | Date: 19 Jun, 2008 | Hits: 8
Shafiqul Islam (Md.) and others Vs. State, 2008, 37 CLC (HCD)
....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. ......(2008) 915. ....... Mr. Shakhawat Hossain, the learned Advocate appearing for the accused-petiÂtioners, supports the Rule and at the very outset, submits that the petitioners preferred this application against the order of refusal of bail dated 24-2-2008. He adds that the petiÂtioner No.1 Md. Shafiqul Islam sub..Category: Criminal Law | Date: 19 Jun, 2008 | Hits: 2
Ahmed Hossain (Md.) and others Vs. Nasima Khatun and another, 2008, 37 CLC (HCD)
....re the Nari-o-Shishu Nirjatan Daman Tribunal, Thakurgaon and the same was also summarily rejected on 15-11-2006. SuppresÂsing these facts the complainant filed the instant case which is barred under law. After hearing, the learned Tribunal by the order dated 5-8-2007 framed charge under sections 11......d in: 13 BLC (HCD) (2008) 828. ......t SM Ziaul Karim J.- By this appeal under section 28 of the Nari-o-Shishu Nirjatan Daman Ain, 2000 (briefly as Am, 2000), the accused appellants have challenged the legality and propriety of the order dated 5-8-2007, passed by the learned Judges of Nari-o-Shishu Nirjatan Daman Tribunal, Thakurg..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)
....Artha Rin Suit No.470 of 2004. 2. Material fact relevant for disposal of this Rule is that the petitioner is a Public ComÂpany Ltd by shares and is engaged in the busiÂness of banking as per law of the land having its registered office at 10, Dilkusha C/A (Jiban Bima Tower), Dhaka. The pe......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: ......ested in it in passing the decree in preliminary form and against the writ petitioner in exercising of jurisdiction under section 5(2) and 5(3) and section 6(5) of the Ain, 2003, hence the impugned order and decree are without lawful authority. 10. Fifthly, the learned Advocate submits that..Category: Civil Law | Date: 17 Jun, 2008 | Hits: 7
Nadia Khalil Vs. Rudess Karim, 2008, 37 CLC (HCD)
....sequently allowing the father Mr. Rudess Karim to retain the cusÂtody of the minor girl Radyna Karim with him erroneously, failed to consider the point that as per the Hanafi School of Mohammedan law the mother is entitled to the full custody of the girl child until the minor attain the puÂber......) CusÂtody of a minor child In order to ascertaining the cusÂtody of a minor child the paramount considÂeration 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......f 1985); section 16A Condition precedent for invoking section 16A Section 16A of the Ordinance has empowered the family court to exercise discretion in respect of passing any interim order since the exercise of power under the said section has been made subject to the satisfaction ..Category: Family Law | Date: 17 Jun, 2008 | Hits: 19
Golam Md. Shiblee Vs. Second Labor Court, 2008, 37 CLC (HCD)
....ing 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 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 petitio......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......r Vs. Second Labor Court ……………………..........................................Respondents Judgment June 17, 2008. Result: The Rule is discharged without any order as to cost. Case Referred to- James Finally PLC Vs. Chairman 2nd Labors Court, 57 DL..Category: Labour and Industrial Law | Date: 17 Jun, 2008 | Hits: 30
State Vs. Ershad Sheikh, 2008, 37 CLC (HCD)
....llage five years before the occurrence. On their wedlock Sumi gave birth of a daughter named Tanjera. Accused Ershad with his wife Sumi and daughter Tanjera used to live in the house of his mother-in-law, informant Amena. The accused was a mason by profession. On 21-4-2004 in the mornÂing the accus......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 secÂtion 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 ......e Nari-o-Shishu Nirjatan Daman Tribunal, for confirmation of sentence of death awarded by him to condemned-prisoner Ershad Sheikh convicting him under secÂtion 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 and ..Category: Women and Children | Date: 17 Jun, 2008 | Hits: 157
AKM Nazimuddin Vs. Md. Delwar Hossain and others, 2008, 37 CLC (HCD)
....r seeking amendment of the plaint before the appellate Court allowing him to make deposit of the balance consideration money was liable to be allowed and the appellate Court has committed an error of law resulting in an error in the decision occasioning a failure of justice in rejecting the prayer f...... Present: SAN Mominur Rahman J Shahidul Islam J AKM Nazimuddin………………………Petitioner Vs. Md. Delwar Hossain and others…………………………..Opposite......tes - For Opposite-Party No.1. Civil Revision No.4817 of 2005. Judgment Shahidul Islam J.- By the Rule, the opposite party No.1 was called upon to show cause as to why the judgment and order dated 4-9-2005 passed in Miscellaneous Appeal No.72 of 2003 by the learned Additional District..Category: Property Law | Date: 11 Jun, 2008 | Hits: 12
Unilever Bangladesh Ltd. Vs. Chairman, National Board of Revenue and others, 2008, 37 CLC (HCD)
.... 8885 of 2006 with 8885 of 2006. Judgment Mamnoon Rahman J. - Both these Rules were heard together and disposed of by this single judgment as they do involve similar question of fact and law as well as the petitioner is same. 2. In Writ Petition No.8679 of 2006 Rule was issued ca......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......€¦.Petitioner Vs. Chairman, National Board of Revenue and others………………Respondents Judgment June 11, 2008. Result: These Rules are made absolute without any order as to cost. Lawyers Involved: Omar Sadat, Advocate — For the Petitioner. Sa..Category: Fiscal/Taxation Law | Date: 11 Jun, 2008 | Hits: 9
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