Search Options
Judgment Advanced Search
A.B.M. Khaliquzzaman and others Vs. United Commercial Bank Ltd. and others, 2008, 37 CLC (HCD)
....or the years 2003 and 2004 as per a SEC directive dated 4.9.2005 which has already been declared by this Court in its judgment in Matter Nos.134 of 2005 and 149 of 2007 to have been issued without lawful authority. It is submitted furÂther that at that earlier date when the meetings for the yea......HCD) (2008) 635. ......d the said AGMs for the said years by 31.1.2008 upon preparing the requisite financial statements and having the same audited and approved for all the years concerned. Further to that judgment and order of this Court, the Board of Directors ("BOD") of the Bank decided on 26.12.2007 to hold the 2..Category: Company Law | Date: 11 Jun, 2008 | Hits: 43
Haji Nasirullah and another Vs. Government of Bangladesh and others, 2008, 37 CLC (HCD)
.... 2008. 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 t......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 ......on (in short, the Association) have been facing serious problems in carrying on their business. The Association through the petitioner had been looking for a piece of land at Jatrabari area of DCC in order to set up godowns for its members with sufficient space for loading and unloading of trucks wi..Category: Property Law | Date: 8 Jun, 2008 | Hits: 11
Tasmima Hossain Vs. Anti-Corruption Commission and others, 2008, 37 CLC (HCD)
....nding to Dhanmondi PS Case No.20 of 2007 dated 07.10.07 then pending before the Court of Chief Metropolitan Magistrate at Dhaka should not be declared to have been initiated and continued without any lawful authority and as such, of no legal effect and as to why the rule 15 of the Emergency Powers R......aqul Islam J Tasmima Hossain..................................................Petitioner Vs. Anti-Corruption Commission, represented by its Chairman, Head Office: 1 Segunbagicha, Dhaka and others……………………………........section 26 and 27 of the ACC Act, 2004 and rule 15ঘ(5) of the EP Rules, 2007 were wholly unwarranted, unauthorized and without jurisdiction since no notice either under section 26 of the ACC Act or order under rule 15ঘ of the EP Rules, 2007 was ever served upon the petitioner asking her to submi..Category: Anti-Corruption Laws, Criminal Law | Date: 8 Jun, 2008 | Hits: 7
Mst. Phulbanu @ Phul Vs. State, 2008, 37 CLC (HCD)
....tion he refers the case of Managing Director, Rupali Bank Limited and others Vs. Tafazal Hossain and others reported in 44 DLR (AD) 260 wherein it has been held: "Relation between general law and speÂcial law availability of remedy if any legal remedy is ordinarily available under both......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, ......he Police after investigation on 15-01-2006 submitted the charge sheet under secÂtions 406, 420 of the Penal Code accusing four accused including the petitioner and the learned Magistrate, by the order dated 19-03-2006 accepted the same. The case is now pending in the Court of Magistrate, First..Category: Procedural Law | Date: 5 Jun, 2008 | Hits: 4
Mst. Parvin Rahman Vs. Moniruzzaman and others, 2008, 37 CLC (AD)
....ari-O-Shishu Nirjatan Daman Ain, 2000 vide order dated 18.05.2003. 4. Mr. S.N. Goswami, learned Advocate, appearing for the petitioner submitted that the High Court Division committed an error of law in not given effect the apprehension expressed by the complainant appellants engage lawyers Mr. ...... Appellate Division (Criminal) Present: Mohammad Fazlul Karim J Md. Joynul Abedin J Md. Hassan Ameen J Mst. Parvin Rahman…………......Petitioner Vs. Moniruzzaman and others…………...Respondents Judgment June 5, 2008. Result The petition is di......epresented-For Respondent No. 2 Criminal Petition for Leave to Appeal No. 396 of 2007. Judgment Mohammad Fazlul Karim J.- Mst. Parvin Rahman seeks Leave to Appeal against the judgment and order dated 29.07.2007 passed by the High Court Division in Criminal Miscellaneous Case No.11881 of ..Category: Women and Children | Date: 5 Jun, 2008 | Hits: 109
Mannan alias Mannan Khan (Md.) Vs. State, 2008, 37 CLC (HCD)
....ept 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 occasioning failure of ju......ni, Assistant Attorney-General - For the Respondent. Criminal Appeal No.3627 of 2007. Judgment SM Ziaul Karim J.- By this Appeal, the convict appellant has challenged the legality and propriety of the judgment and order of conviction and sentence dated 26-7-2007 passed by th......or the Respondent. Criminal Appeal No.3627 of 2007. Judgment SM Ziaul Karim J.- By this Appeal, the convict appellant has challenged the legality and propriety of the judgment and order of conviction and sentence dated 26-7-2007 passed by the learned Additional Sessions Judg..Category: Criminal Law | Date: 4 Jun, 2008 | Hits: 2
Md. Emdad Hossain and another Vs. Bangladesh Biman Corporation and others, 2008, 37 CLC (HCD)
....dents Judgment June 4, 2008. Result: The Rules are made absolute. Amendment of a plaint dates back to the filing of the suit. But the amendment of a substantive law by way of repeal or addition cannot date back to the date of its legislation unless expressly ......ioner (In Writ Petition No. 479 of 2007) Suheli Mahmood………………………………………..Petitioner (In Writ Petition No. 5182 of 2007) Vs. Bangladesh Biman Corporation and others…………………………………… Respondents Judgment June 4, 2008. ......7 were heard together and 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 Corporatio..Category: Procedural Law | Date: 4 Jun, 2008 | Hits: 7
Md. Mannan Alias Mannan Khan Vs. State, 2008, 37 CLC (HCD)
....t 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 deciÂsion occasioning failure of just...... Assistant Attorney General-For the Respondent. Criminal Appeal No. 3627 of 2007. Judgment Syed Md. Ziaul Karim J.- By this ApÂpeal, the convict appellant has challenged the legality and propriety of the judgment and order of conviction and sentence dated 26-07-2007 passed by the l...... Respondent. Criminal Appeal No. 3627 of 2007. Judgment Syed Md. Ziaul Karim J.- By this ApÂpeal, the convict appellant has challenged the legality and propriety of the judgment and order of conviction and sentence dated 26-07-2007 passed by the learned Additional SesÂsion Judge,..Category: Criminal Law | Date: 4 Jun, 2008 | Hits: 3
Abul Kashem-al-Asad Vs. Abdul Muhib and others, 2008, 37 CLC (HCD)
.... Rule is made absolute. In considering an application or a prayer made by a party the court will see the contents of the application and it can give a relief under the appropriate law even if a wrong provision of law is quoted or mentioned………………………….(8) ...... (Civil Revisional Jurisdiction) Present: MA Wahhab Miah J Afzal Hossain Ahmed J Abul Kashem-al-Asad……………………… Petitioner Vs. Abdul Muhib and others……………… Opposite Parties Judgment May 28, 2008. Result: Th......€” For the Opposite Parties. Civil Revision No. 2670 of 2004. Judgment MA Wahhab Miah J.- This Rule was issued calling upon opposite parties No. 1-6 to show cause as to why the orders dated 17-4-2002 and 17-4-2003 passed by the Joint District Judge, Second Court, Sylhet in Ti..Category: Procedural Law | Date: 28 May, 2008 | Hits: 5
Hormuz Sikder & others Vs. Ayub Ali Sikder & others, 2008, 37 CLC (HCD)
....ling a fresh suit within the meaning of the said rule of the Code, so the plaint was liable to be rejected. But the learned Additional District Judge totally failed to consider the said provisions of law and thus committed error of law resulting in an error occasioning failure of justice in pass­......p;…Opposite Parties Judgment May 26, 2008. Result: The Rule is discharged. It is an admitted legal position that there is no limitation for filing a suit for partition and unless there is a total ouster of the right of a co-sharer from the ejmali property he shall be ...... Islam-For the Opposite Party No.1. Civil Revision No. 2171 of 2005. Judgment Md. Abdul Wahhab Miah J.-This rule was issued calling upon opposite party No.1 to show cause as to why the order dated 12.03.2005 passed by the Additional District Judge, Munshigonj in Civil Revision No.15 o..Category: Property Law | Date: 26 May, 2008 | Hits: 3
Harmuj Sikder & others Vs. Ayub Ali Sikder & others, 2008, 37 CLC (HCD)
....nue unless the other co-sharers give the plaintiff his due share partitioning the suit land by metes and bounds………………(6) Public policy is equivalent to "policy of the law". And "policy of the law" cannot be to deprive a person from his legitimate share in the ejmali......ction to bring a suit for partition subsists even after dismissal of the earlier suit for default under rule 8 of Order 9 of the Code. There is no limitation for filing a suit for partition and unless there is a total ouster of the right of a co-sharer from the ejmali property he shall be......Islam-For the Opposite Party No.1. Civil Revision No.2171 of 2005. Judgment Md. Abdul Wahhab Miah J.- This rule was issued calling upon opposite party No.1 to show cause as to why the order dated 12.03.2005 passed by the Additional District Judge, Munshigonj in Civil Revision No.15..Category: Property Law | Date: 26 May, 2008 | Hits: 7
Abul Kalam Azad (Md.) Vs. State and another, 2008, 37 CLC (HCD)
....ingular countable nouns refers to one of a number of things or people when it does not matter which one. [Oxford Advanced Learner's Dictionary, Sixth Edition]. "Any" has been interpreted in different laws as to the intents of the statutes or the law. In the Law Lexicon by Pramantha Aiyar and has bee......ourt Division (Criminal Revisional Jurisdiction) Present: Sharifuddin Chaklader J Md. Emdadul Haque Azad J Abul Kalam Azad (Md.)……….......Petitioner Vs. State and another……………….....Opposite parties Judgment May 22, 2008. Result: ...... Metro Sessions Case No. 152 of 2007 pending in the court of Metropolitan Assistant Sessions Judge, 5th Court, Dhaka is quashed. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 91. ..Category: Banking Law | Date: 22 May, 2008 | Hits: 227
Mohd. Showkot Ali Vs. National Board of Revenue and others, 2008, 37 CLC (HCD)
.... 409 read with section 109 of the Penal Code and section 5(2) of the Prevention of Corruption Act, 1947 now pending before the Senior Special Judge at Dhaka should not be declared to be without any lawful authority and of no lawful authority. 2. Short facts for disposal of the Rule are that......am J Mohd. Showkot Ali………………………………………………………….Petitioner Vs. National Board of Revenue, Represented by its Chairman, Segunabagicha, Dhaka and others……………………………………………………………………………........of Corruption Act, 1947, rule 15 of the Emergency Powers Rules, 2007 and section 156 of the Customs Act, 1969. 4. Upon receipt of the charge sheet, the Metropolitan Senior Special Judge by his order dated 22.11.07 took cognizance of offences under section 409 read with section 109 of the Pe..Category: Criminal Law | Date: 18 May, 2008 | Hits: 3
Mrs. Shahida Khatun and another Vs. Zafrul Hasan and State, 2008, 37 CLC (HCD)
....Penal Code is constituted but the complainant disowned such facts. Such facts absolutely the defence materials and still the same are not the part of the record. Be that as it may, the proposition of law is now well settled that on the basis of the defence plea or materials, the criminal proceedings......ase is also Reported in: 17 MLR (HCD) (2012) 463. ......Rule was issued, on an application under section 561A of the Code of Criminal Procedure, at the instance of accused petitioners, calling upon the opposite parties to show cause as to why the impugned order dated 08-01-2004 passed by the learned Magistrate, First Class Jessore, in C.R. Case No.549 of..Category: Procedural Law | Date: 18 May, 2008 | Hits: 41
Category: Election Law | Date: 18 May, 2008 | Hits: 122
Zakir Hossain and another Vs. Md. Yousuf Kabir and others, 2008, 37 CLC (HCD)
....ave petition was dismissed by the Appellate Division observing as under: "The learned Subordinate Judge in dismissing the suit, interalia, found that since complicated question of law as well as facts was involved in the suit a simple suit for permanent injunction was not main&sh......d in: 29 BLD (HCD) (2009) 347. ......laintiffs filed Civil Revision No.76 of 1987 before this Division, but the rule was discharged on 27.05.92 and thus decree passed by the appellate court was upheld. Against the judgment and order passed in the said civil revision the plaintiffs filed Petition For Leave To Appeal No.297 of ..Category: Property Law | Date: 13 May, 2008 | Hits: 5
Abdul Alim @ Chutta and another Vs. State, 2008, 37 CLC (HCD)
....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. ...... is also Reported in: 15 MLR (HCD) (2010) 476. ...... 4. Earlier the petitioners along with other two co-accused namely Ali Akbar and Ali Hossain surrendered before the High Court Division with an application for anticipatory bail and the Court by order dated 18-06-2006 passed in Criminal Miscellaneous Case No.8837 of 2006 directed them to surre..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)
....by the respondent No.3, Artha Rin Adalat, Chittagong (Annexure-C) rejecting an application under Order VII rule 10 read with section 151 of the CPC should not be declared to have been made without lawful authority and is of no legal effect. 2. The fact in brief is that the respondent No.2,......lso Reported in: 28 BLD (HCD) (2008) 503. ......considering the materials on record by Order No.11 dated 31.05.2003 rejected the said application under Order VII rule 10 read with section 151 of the CPC. 5. Being aggrieved by the aforesaid order dated 31.05.2003 passed by the respondent No.3, Artha Rin Adalat, Chittagong the petiÂtioner..Category: Procedural Law | Date: 4 May, 2008 | Hits: 9
Kazi Ramimul Islam Vs. State, 2008, 37 CLC (HCD)
....3-1995 and rushed to Puratan Satkhira police camp and interrogated Shikha Rani; that on interrogation, she admitted that at about 9-15 PM when the victim along with her sister Shikha Rani, brother-in-law Niranjan Karmakar, brother Ratan Karmakar and brother's wife Molina Rani were returning home aft......e, 1991 BLD 11; State Vs. Manu Miah, 54 DLR (AD) 60; State Vs. Kabel Mollah, 55 DLR 108; Abraham Vs. State, 58 DLR 598; Rahij Vs. State, 1984 BLD 44 = 35 DLR 439; Abdur Rashid Vs. State, 8 BLC 513; Ananda Vs. State, 41 DLR 533; State Vs. Sabir Mia, 11 BLT 294, 8 BLC 235; Nannu Gazi Vs. Awlad Hossain......instance of Kazi Ramimul Islam under section 4 (Kha)/9 of the Cruelty to Women (Deterrent Punishment) Ordinance, 1983 (hereinafter referred to as 'the Ordinance') is directed against the Judgment and order dated 14-10-1998 passed by the learned Judge, Tribunal No.4, Satkhira (hereinafter referred to..Category: Women and Children | Date: 4 May, 2008 | Hits: 151
Kazi Ranimul Islam Vs. State, 2008, 37 CLC (HCD)
....3-1995 and rushed to Puratan Satkhira police camp and interrogated Shikha Rani; that on interrogation, she admitted that at about 9-15 PM when the victim along with her sister Shikha Rani, brother-in-law Niranjan Karmakar, brother Ratan Karmakar and brother's wife Molina Rani were returning home aft......e, 1991 BLD 11; State Vs. Manu Miah, 54 DLR (AD) 60; State Vs. Kabel Mollah, 55 DLR 108; Abraham Vs. State, 58 DLR 598; Rahij Vs. State, 1984 BLD 44 = 35 DLR 439; Abdur Rashid Vs. State, 8 BLC 513; Ananda Vs. State, 41 DLR 533; State Vs. Sabir Mia 11 BLT 294 = 8 BLC 235; Nannu Gazi Vs. Awlad Hossain......instance of Kazi Ramimul Islam under section 4 (Kha)/9 of the Cruelty to Women (Deterrent Punishment) Ordinance, 1983 (hereinafter referred to as 'the Ordinance') is directed against the judgment and order dated 14-10-1998 passed by the learned Judge, Tribunal No.4, Satkhira (hereinafter referred to..Category: Women and Children | Date: 4 May, 2008 | Hits: 8