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Md. Wahed Ali Vs. Ms. Moslema Khatun, 2008, 37 CLC (HCD)
.... 22. Office is directed to 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: 14 MLR (HCD) (2009) 427. ...... 2. Short facts leading to this Rule are that on 03-07-2002, the opposite party as plaintiff instituted Family Suit No.19 of 2002 in the Family Court of Basail, impleading the petitioner as defendant for dower and maintenance total for Tk. 2,70,000/-. 3. The plaintiff's case, put in a nutshell ar...... 22. Office is directed to 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: 14 MLR (HCD) (2009) 427. ....... Result: The Rule is discharged. Case Referred to- Akrab Ali and others Vs Zahiruddm Kari and others, 30 DLR (SC) 81; 43 DLR (AD) 82; 51 DLR (AD) 57; 19 BLD (AD) 156; 38 DLR (AD) 201. Lawyers Involved: Mujibur Rahman, Advocate - For the petitioner. Rafiqul Islam Mehedi, ..Category: Family Law | Date: | Hits: 180
STX Corporation Ltd. Vs. Meghna Group of Industries Limited and others, 2011, 41 CLC (HCD)
..... Accordingly, the application under secÂtion 7Ka of the Arbitration Act of 2001 is dismissed. Interim order, if any, be vacated. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 550. ......on 3 of the Arbitration Act, 2001, it is apparent that the intenÂtion of the legislature is that the scope of the Act is limited within the territory of Bangladesh, except that there is a scope to enforce an award passed in a foreign arbitration, pursuant to section 3(2) read with sections 45, 46 a....... Accordingly, the application under secÂtion 7Ka of the Arbitration Act of 2001 is dismissed. Interim order, if any, be vacated. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 550. ...... legislature and recourse to any other principle of interpretation is unnecesÂsary…………………………(21) Admittedly, while enacting the Act of 2001 our legislature followed the Model Law and the recÂommendations made by different authorities, but it is the parliament which is to en..Category: Alternative Dispute Resolution | Date: | Hits: 506
MA Gafur Vs. Registrar of Joint Stock Companies and Firms and others, 2012, 41 CLC (HCD)
.... for both sides. This matter shall stand disposed off upon receiving and accepting the affidavit of compliance as mentioned above. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 547. ......eral meetings may, by ordinary resolution, ratify what has been done. In those circumstances the Court will not allow a minority shareholder to bring an action perusing a matter which it is competent for the majority to approve on behalf of the company..............................................(8...... for both sides. This matter shall stand disposed off upon receiving and accepting the affidavit of compliance as mentioned above. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 547. ......a matter which it is competent for the majority to approve on behalf of the company..............................................(8) Cases Referred to- Foss Vs. Harbottle, (1843) 2 Hare 461. Lawyers Involved: AKM Badrudduza, Advocate - For the Petitioner. Raisuddin Ahmed, Advocate - F..Category: Company Law | Date: | Hits: 129
Soton @ Arif Hossain and another Vs. State, 1997, 26 CLC (HCD)
....e was no illegality in trying the petitioners in absentia. We find no substance in this Rule. This Rule is, therefore, discharged. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 593. ......s and Phrases Abscond and absconder The primary meaning of the word ‘abscond’ is to hide and when a person is hiding from the place of residence he is said to be absconder. In the Concise Oxford Dictionary the word "abscond" is defined as "depart secretly; flee from the law".....................e was no illegality in trying the petitioners in absentia. We find no substance in this Rule. This Rule is, therefore, discharged. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 593. ......d and produced before the trial Court by the police. One consequence of the rule of literal construction is that wide word should be given wide construction……………………………….(8) Lawyers Involved: Khondker Mahbub Hossain, Advocate ‑ For the Petitioner Syed Abu Kowser, As..Category: Criminal Law | Date: | Hits: 99
Mokbul Hossain Santu (Md.) Vs. Bangladesh and others, 1997, 26 CLC (HCD)
....702 of 1987 and a leather belt having 12 cartridges which were seized by a seizure list on 3‑8‑93, to the petitioner immediately. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 591. ......, 1997. Result: The Rule is made absolute. The Arms Act, 1878 (Act No. IX of 1878); section 26 Under section 26 of the Arms Act, the District Magistrate is not empowered to issue an order for seizure of arms. Only the Government is empowered to seize arms of any person and to detain the ......702 of 1987 and a leather belt having 12 cartridges which were seized by a seizure list on 3‑8‑93, to the petitioner immediately. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 591. ......issue an order for seizure of arms. Only the Government is empowered to seize arms of any person and to detain the same for such time as it thinks necessary for the public safety……………(8) Lawyers Involved: Nitai Roy Chowdhury with Begum Khaleda, Advocates ‑ For the Petitioner. Ka..Category: Criminal Law | Date: | Hits: 77
National Bank Ltd. Vs. Provashi International Ltd. and others, 2010, 39 CLC (HCD)
....der as to costs. The Judgment and decree passed by the trial Court is hereby affirmed. Send down the lower Court records at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 229. ......dgment December 12, 2010. Result: The appeal is dismissed. Jurisdiction of the Artha Rin Adalat The Artha Rin Adalat Ordinance came into effect on 31-7-1989 establishing special Courts for adjudication of the recovery of loans claimed by the financial institutions. This Ordinance was ......der as to costs. The Judgment and decree passed by the trial Court is hereby affirmed. Send down the lower Court records at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 229. ......46 DLR (AD) 174; Pubali Bank Ltd. Vs. Md. Mamnur Rahman, 54 DLR 458; Bangladesh Jatiya Somabaya Bank Vs. Md. Obaidul Akbar, BCR 1982 (AD) 18; DP Goenka Vs. Governor-General of Pakistan, 7 DLR 134. Lawyers Involved: ASM Abdul Razzaque with Fahad Mahmood Khan, Advocates - For the Plaintiff-appel..Category: Civil Law | Date: | Hits: 106
Nurul Islam Shaikha and others Vs. Shahadat Hossain & others, 2011, 40 CLC (HCD)
....t Nos.1, 3, 5 and 6 exparte against the rest. No order as to cost. Send down the LC records along with a copy of this Judgment. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 222. ...... Parties Judgment March 14, 2011. Result: The Rule is made absolute. Heba-bil-Ewaz In case of a Heba-bil-Ewaz, a transfer takes place from the owner of a property to the transferee for some consideration, which is not exactly the price in the traditional sense as in the case of a ......t Nos.1, 3, 5 and 6 exparte against the rest. No order as to cost. Send down the LC records along with a copy of this Judgment. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 222. ......Vs. Fulsom Bibi, CWN Vol. 36, page-486; Sarifuddin Mohiuddin Vs. Mohiuddin Mahmud, India law Reports, Vol. LIV-Calcutta Series-page-754; Ranee Khujooroonissa Vs. Roushan Jehan, (1876) LR.31 A.291. Lawyers Involved: Md. Abdul Haque, Advocate - For petitioners. Sufia Khatun, Advocate - For th..Category: Property Law | Date: | Hits: 139
Md. Shahidul Islam Vs. Most. Anwara Begum, 2007, 36 CLC (HCD)
....aside and the Family Suit No.75 of 2004 is dismissed. 19. Send down the L.C. Records at once. Md. Abdul Wahhab Miah J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 114. ...... 11, 2007. Result: The Rule is made absolute. Muslim marriage is a socio-religious contract between a man and a woman and as such signatures of the parÂties in the 'Kabinnama' are essential for proving marriage. No amount of oral eviÂdence can cure the deficiency and no amount of oral evi......aside and the Family Suit No.75 of 2004 is dismissed. 19. Send down the L.C. Records at once. Md. Abdul Wahhab Miah J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 114. ......ma' according to law, the alleged marriage being flatly denied by the defendant.....................(15) Case Referred to- Khodeja Begum & others Vs. Md. Sadeq Sarkar, 50 DLR (1998) 181. Lawyers Involved: Md. Nurul Amin with Md. Abdur Razzak - For the petitioner. Pankaj Kuma..Category: Family Law | Date: | Hits: 140
Foyez Ahmed Vs. State, 2012, 41 CLC (HCD)
.... Let the records of the Mobile Court along with a copy of this Judgment be sent down at once for information and necessary guidance. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 257. ......scribed sentence to him on the basis of his plea of guilty under the Ain………………………..(11 & 13) There is no provision whatsoever within the four corners of the Mobile Court Ain for lodgment of a written complaint with the Executive Magistrate and detainÂing an accused in poli...... Let the records of the Mobile Court along with a copy of this Judgment be sent down at once for information and necessary guidance. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 257. ......yatullah Vs. Miah Ghulam Ahmed, PLD 1984 SC 369; Abdul Quader Chowdhury Vs. State, 28 DLR (AD) 38; Ali Akkas Vs. Enayet Hossain, 17 BLD (AD) 44 = 2 BLC (AD) 16; Sher Ali Vs. State, 46 DLR (AD) 67. Lawyers Involved: Md. Khurshid Alam Khan, Advocate - For the Petitioner. Md. Khurshedul ..Category: Criminal Law | Date: | Hits: 81
Md. Mosarraf Hossain Mondol Vs. Md. Elias Hossain Mollick and others, 2007, 36 CLC (HCD)
....anted earlier by this Court stands vacated. 29. Send down the lower Court's record at once with a copy of Judgment for information. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 107. ......g to this Rule are that on 31.07.1985, the petitioner as plaintiff instituted Title Suit No.155 of 1985 in the Court of senior Assistant Judge Moheshpur, impleading the opposite parties as defendants for declaration that all proceedings of certificate case No.68370/60-61 are fraudulent, colluÂsive,......anted earlier by this Court stands vacated. 29. Send down the lower Court's record at once with a copy of Judgment for information. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 107. ...... Kalam Biswas @ Md. Abul Kalam Basiruddin @ Abul Kalam Azad and another, 39 DLR(AD)237; Srimati Nirode Bala Deb Roy Vs. Monmohan Datta and others, 6 DLR559; Amina Khatun Vs. Anser Ali, 40 DLR 389. Lawyers Involved: Md. Asaduzzaman, Advocate with Md. Raziuddin Sarwar, Advocate - For the petitio..Category: Procedural Law | Date: | Hits: 114
Uzzal and Golam Rasul alias Mamun Vs. State, 2006, 35 CLC (HCD)
.... forthwith if not wanted in connection with any other case. Lower Court records be sent down at once with a copy of the Judgment. Ed. This Case is also Reported in: 15 MLR (HCD) (2010) 311. ......n Special Tribunal No.9, Dhaka in Metropolitan Special Tribunal Case No.650 of 2001 finding them guilty under section 19(f) of the Arms Act and sentencing each of them to suffer rigorous imprisonment for 10(ten) years under section 19A thereof. 2. Since both the appeals have arisen out of the sam...... forthwith if not wanted in connection with any other case. Lower Court records be sent down at once with a copy of the Judgment. Ed. This Case is also Reported in: 15 MLR (HCD) (2010) 311. ....... The State…………………Opposite party Judgment February 6, 2006. Result: The appeals are allowed. Case Referred to - Moshfiqul Islam Bilu Vs. the state, 52 DLR 593. Lawyers Involved: Md. Kalimullah Mazumder, Advocate - For the appellant in Criminal Appeal No.222..Category: Criminal Law | Date: | Hits: 78
State Vs. Md. Mobarak and others, 2008, 37 CLC (HCD)
....sions Judge. 137. Send down the L.C. records at once. 138. Send a copy of the judgment to the trial Judge at his present place. Ed. This Case is also Reported in: 18 BLT (HCD) (2010) 138. ......o.141 of 2005, Criminal Appeal No.378 of 2005, Jail Appeal No.294 of 2006 and Jail Appeal No.1338 of 2004 are allowed. The Code of Criminal Procedure, 1898 (Act No. V of 1898); section 154 An information becomes First Information Report when it fulfills some conditions:- (i) it should be an in......sions Judge. 137. Send down the L.C. records at once. 138. Send a copy of the judgment to the trial Judge at his present place. Ed. This Case is also Reported in: 18 BLT (HCD) (2010) 138. ...... othersVs.The State, 15 BLD (AD) 54; State Vs.Paran Ch. Baroi BCR 1982 page 293; Bala Krishna Vs. The State of Orissa, 1971 AIR (SC) 804; Thulia Kali Vs. The State of Tamil Nadu, 1973 AIR (SC) 501 Lawyers Involved: Idris Khan, Deputy Attorney-General with Mir Shafiqul Islam, Assistant Attorney..Category: Criminal Law | Date: | Hits: 89
....ever, without any order as to costs.
The order of stay granted at the time of issuance of the Rule is hereby recalled and vacated.
Ed.
This Case is also Reported in: 18 BLT (HCD) (2010) 289.
...... of Kawkhali Upazilla Parishad under Pirojpur District in the Upazilla Parishad election held on 22.1.2009. The respondent No.4, a defeated candidate as petitioner filed Election Case No.01 of 2009 before the Election Tribunal, Pirojpur on the allegation that the petitioner made a false statement in......ever, without any order as to costs.
The order of stay granted at the time of issuance of the Rule is hereby recalled and vacated.
Ed.
This Case is also Reported in: 18 BLT (HCD) (2010) 289.
......nal on conclusion of the trial of the Election Case. But there is no scope to prefer any appeal against any interlocutory order passed by the Election Tribunal…………………………..(12)
Lawyers Involved:
Md. Fazlur Rahman, Advocate - For the Petitioner.
Riaz Uddin Khan, Advocate ..
Category: Election Law | Date: | Hits: 600
Md. Joinaul Abedin Mintu Vs. Joint District Judge, 3rd Court Tangail and others, 2010, 39 CLC (HCD)
....to have been made without lawful authority and in an unlawful manner and is of no legal effect. Communicate this judgment at once. Ed. This Case is also Reported in: 18 BLT (HCD) (2010) 277. ......o sell the mortgage property in auction first under the provision of Section 33(1)(2)(3) of the Artha Rin Adalat Ain, 2003, and in case of failure to sell the property in auction the subsequent steps for issuance of certificate and possession to the decree holder may be taken if the decree holder ba......to have been made without lawful authority and in an unlawful manner and is of no legal effect. Communicate this judgment at once. Ed. This Case is also Reported in: 18 BLT (HCD) (2010) 277. ......pplication for execution of the decree, the order of the court for issuing certificate of transfer the mortgaged property for realizing the decretal dues will be patently unlawful………….(7) Lawyers Involved: Rafiqul Islam Mehedi, Advocate - For the petitioner. Idris Khan, Advocate - ..Category: Civil Law | Date: | Hits: 174
Azam Ali and another Vs. Akram Ali and others, 2010, 39 CLC (HCD)
....of status quo granted at the time of issuance of the Rule is hereby re-called and vacated. 20. Send down the lower Courts records. Ed. This Case is also Reported in: 18 BLT (HCD) (2010) 273. ......uce documentary evidence. Without doing so, he participated in the hearing of the argument of the suit. After delivery of the judgment and decree if the suit is sent back on remand to the trial Court for fresh trial giving chance to the defendant to adduce evidence it will give him an indulgence to ......of status quo granted at the time of issuance of the Rule is hereby re-called and vacated. 20. Send down the lower Courts records. Ed. This Case is also Reported in: 18 BLT (HCD) (2010) 273. ......wed to adduce evidence after delivery of the judgment and decree passed by the trial Court inasmuch as that will give him an indulgence to fill up the lacuna..…………………..(14 & 16) Lawyers Involved: S.N. Goswami, Advocate with Afsana Begum, Advocate - For the petitioners. No..Category: Procedural Law | Date: | Hits: 99
Md. Isahaque Ali and others Vs. State, 2007, 36 CLC (HCD)
.... bail by this Division, are discharged from the respective bail bond. Send down the L.C.R at once. Md. Rezaul Haque J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 93. ...... that in a case involving severe punishment or life imprisonment, courts require even a higher degree of proof and all material evidence particularly those in favour of the accused should be placed before the court. It is a course not obligatory on the pubÂlic Prosecutor to examine any number of wi...... bail by this Division, are discharged from the respective bail bond. Send down the L.C.R at once. Md. Rezaul Haque J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 93. ......d. Jamaluddin and others Vs. the State, 14 BLD (HC) 94; Hatesingh Bhagost Shingh Vs. State of Modhya Bharat, AIR 1953 (SC) 468; Shamer Bala Changule Vs. The State of Maharastra, AIR 1976 (SC) 557. Lawyers Involved: S. N. Goswami - For the Appellants. Mrs. Umme Kulsum Begum, Deputy Att..Category: Criminal Law | Date: | Hits: 84
....6 of 1980 is hereby set aside and the suit is dismissed.
Send down the lower Court records at once.
Md. Arayes Uddin J.- I agree.
Ed.
This Case is also Reported in: 7 LG (HCD) (2010) 176.
......te Judge (now Joint District Judge) 2nd Court, Chittagong in Money Suit No.6 of 1980, (re-numbered as Money Suit No.603 of 1984) decreeing the suit against the defendant appellants.
2. Short facts for disposal of the appeal are that the plaintiff is a Limited Company and carries on the business o......6 of 1980 is hereby set aside and the suit is dismissed.
Send down the lower Court records at once.
Md. Arayes Uddin J.- I agree.
Ed.
This Case is also Reported in: 7 LG (HCD) (2010) 176.
......¦â€¦â€¦â€¦â€¦â€¦Respondent
Judgment
February 11, 2009.
Result:
The appeal is allowed.
Cases Referred to-
9 BLC (2004) 218; 11 BLC (2006) 83; 5 BLC (2000) 579; BCR 1990 (HCD) 194.
Lawyers Involved:
Md. Ohiullah, Advocate - For the appellant.
Momtazuddin Ahmed with Ms...
Category: Admiralty Law or Maritime Law | Date: | Hits: 486
Mohin Uddin (Md.) Vs. State, 2008, 37 CLC (HCD)
.... and sentence is hereby upheld. Send down the original case records at once with the copy of the judgment for taking necessary action. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 35. ......ence, there must be mens rea or unity knowledge............................(32) Whenever some ammunition are also recovered together with some arms, categorized in section 19A, the trial Court or, for that matter, the tribunal must frame charges under section 19A as well as 19(f) of the Arms Act ...... and sentence is hereby upheld. Send down the original case records at once with the copy of the judgment for taking necessary action. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 35. ......…………….(47) Case Referred to- Nurul Islam Vs. State, 1988 BLD 106; SM Kamal Vs. State, 6 BLC 113; Starland Vs. Director of Public Prosecution, 1944 AC 315(1994) = 2 All ER 13 (HL). Lawyers Involved Md. Ismail with Shihab Uddin Mahmud, Advocates — For the Appellant. Umme Ku..Category: Criminal Law | Date: | Hits: 92
....05 (Annexure-C) is hereby declared to have been issued without lawful authority and, as such, of no legal effect. Communicate at once.
Ed.
This Case is also Reported in:61 DLR (HCD) (2009) 734.
......authority authorized to apply. The VAT Act is a comprehensive tax law. It has defined the tax to be paid as VAT on the specified sales and/or services. Similarly, it has laid down elaborate procedure for realization of the tax and punishment for any violation or omission. The concerned authority is,......05 (Annexure-C) is hereby declared to have been issued without lawful authority and, as such, of no legal effect. Communicate at once.
Ed.
This Case is also Reported in:61 DLR (HCD) (2009) 734.
......n cannot deny or refuse to exercise its jurisdiction under Article 102 of the Constitution to strike down such unauthorized exercise of statutory power........................................(15)
Lawyers Involved:
Mahmudul Islam with Md. Mizanul Haque Chowdhury, Advocates — For the Petition..
Category: Fiscal/Taxation Law | Date: | Hits: 131
....a copy of this judgment and order be sent to the Hon'ble Prime Minister for perusal and necessary action as per our observations made above.
Ed.
This Case is also Reported in:55 DLR (2003) 171.
......ublic interest and if any action of the government official is challenged, the challenger is required to prove such allegations………………………….(18)
The State property may be in the form of legal right and in the nature of privilege. The government largesse known as privileges is n......a copy of this judgment and order be sent to the Hon'ble Prime Minister for perusal and necessary action as per our observations made above.
Ed.
This Case is also Reported in:55 DLR (2003) 171.
......ociety, should not be interfered with by a Court of law. An act of State and an act of executive of State are not the same. A decision of the State may not be permitted to be challenged in a Court of Law but the implementation of such decision by the executive authority of the State without due dili..
Category: Others | Date: | Hits: 113
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