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Subrata Majumder @ Liton Vs. State, 2009, 38 CLC (HCD)

....hishu Nirjatan Daman Tribunal, Bagerhat who however is at liberty to cancel his bail if the privilege of bail is misused by him in future. Ed. This Case is also Reported in: 16 BLC (2011) 828. ......: AKM Fazlur Rahman J ATM Fazle Kabir J Subrata Majumder @ Liton...........................Appellant Vs. State……………………………….............................Opposite-party Judgment February 5, 2009. Lawyers Involved: AU Ahmed, Advocate—For the Appella..

Category: Women and Children | Date: 5 Feb, 2009 | Hits: 127

Dr. Shipra Chaudhury and another Vs. Government of Bangladesh and others, 2009, 38 CLC (HCD)

....rity and in an unlawful manner. 38. There is no order as to costs. I Agree Quamrul Islam Siddiqui J. Ed. This Case is also Reported in: 29 BLD (HCD) (2009) 183.   ......ation, Tejgaon were respectively impleaded as respondent Nos.6 and 7 and a supplementary Rule Nisi was issued upon them. On 19.1.2009, Dr. Khondoker Md. Abu Zalal filed an application for addition of party and that application was allowed too. 3. The facts leading to the issuance of the Rule Ni..

Category: Women and Children | Date: 19 Jan, 2009 | Hits: 10

Tashin Ali (Md.) Vs. Md. Shamsul Hoque and others, 2009, 38 CLC (HCD)

....ent of the Courts below are hereby affirmed. The order of stay passed earlier is hereby vacat­ed. Send down the LC records. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 220. ......que and others…………………..Opposite Parties Judgment January 15, 2009. Result: The rule is discharged. In a pre-emption case there is no scope to consider the title of either party. In order to deter­mine the title, the party concerned is required to file a suit for declara..

Category: Property Law | Date: 15 Jan, 2009 | Hits: 38

Gour Netai Sri Sri Modan Mohan Das Bigraha Vs. Jahanara Islam Chowdhury and others, 2008, 37 CLC (HCD)

....pect of possession until disposal of the aforesaid matter by the learned District Judge. Send down the record at once. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 141. ......tion with a case. On enquiry and upon receipt of information from the Court on the very same date, he came to know that on 19-12-84 one Majharul Islam Chowdhury, predecessor-in-interest of opposite party Nos. 1 to 4 instituted Title Suit No. 405 of 1984, which was dismissed on merit in the absen..

Category: Hindu Law | Date: 18 Dec, 2008 | Hits: 22

MM Ali Ispahani Vs. MM Ispahani Ltd., 2008, 37 CLC (HCD)

.... Trust is being handed back to the learned Advocate for the Respondent Nos. 1 to 6 today. There is no order as to costs. Ed. This Case is also Reported in: 29 BLD (HCD) (2009) 206. ......r No.1 is the son of MMI and the Petitioner Nos. 2 and 3 are the wife and son respectively of the Petitioner No.1. The Petitioner No. 1 has also a daughter name Mariam Ispahani who is, however, not a party to this case. This Court deems it prudent to begin with events internal to the Company t..

Category: Company Law | Date: 4 Dec, 2008 | Hits: 505

Dewan Joynal Abedin Vs. Husen Ahmed Khan and others, 2008, 37 CLC (HCD)

.... maintainable. I find no merit in this Rule. In the result, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 139. ......s 19 or 19A of the Code of Civil Procedure for re-admission of the appeal and should not move to the High Court Division in revisional jurisdiction. Where there are specific remedies available to a party under the Code, he cannot challenge the said order in revisional jurisdiction at his sweet w..

Category: Property Law | Date: 2 Dec, 2008 | Hits: 7

Mosammat Kazi Shamsunnahar Vs. Md. Ramjan Molla and others, 2008, 37 CLC (HCD)

....s discharged. The judgments and orders of the courts below are hereby affirmed. Send down the lower court records at once. Ed. This Case is also Reported in: 29 BLD (HCD) (2009) 391. ......ant Judge, Munshiganj, in Pre-emption Miscellaneous Case No.35 of 1999 allowing the said Mis­cellaneous Case. 2. The facts involved for disposal of the rule are as follows: The opposite party No.1 as petitioner filed a Pre-emption Case No.35 of 1999 be­fore the learned Senior Assis..

Category: Property Law | Date: 20 Nov, 2008 | Hits: 2

Habibur Rahman Molla Vs. State, 2008, 37 CLC (HCD)

....acated. Let a copy of this judgment and order along with the LCR be sent to the concerned Court at once. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 1, 29 BLD (HCD) (2009) 227. ......Act, 1958, on that score as well, the impugned proceeding is liable to be quashed. 7. On the other hand, Mr. Md. Khurshid Alam Khan, the learned Advocate appearing on behalf of the ACC, opposite party No. 2, has strongly opposed the Rule alleging, inter alias, that the provisions, laid down in ..

Category: Anti-Corruption Laws | Date: 20 Nov, 2008 | Hits: 157

Akramuzzaman (Md.) alias Babu Vs. Artha Rin Adalat No. 1 Rajbari and others, 2008, 37 CLC (HCD)

....cate the order at once with a copy of judgment for information and necessary action to all respondents. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 638; 15 MLR (HCD) (2010) 1. ...... opposition, and other materials on record and given our anxious consideration to their submissions. 13. Admittedly, at the time of institution of the suit the petitioner was not impleaded as a party. He is the son of defendant No. 2 Halima Begum, who was the mortgagor of the land in question...

Category: Civil Law | Date: 5 Nov, 2008 | Hits: 168

United Edible Oils Ltd. Vs. London Steam Ship Owners' Mutual Insurance Association Ltd. and other(s), 2008, 37 CLC (HCD)

....endants in general, and the defendant Nos. 1 and 2 in particular, submit their Written Statements positively by 4-1-2009. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 244. ......g such losses in consequence of the acts of an insured member for which the member is liable. Rather, the nature of such indemnity insurance is that the insured member must first satisfy the third party claim as a necessary precondition to seeking reimbursement in respect of such payment from th..

Category: Admiralty Law or Maritime Law | Date: 26 Oct, 2008 | Hits: 17

Ayub Ali alias Mukul Vs. State, 2008, 37 CLC (HCD)

.... in the Court of Magistrate, 1st Class. Cognizance Court No. 1, Munshiganj is hereby quashed. Communicate this Judgment at once. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 52. ...... Criminal Appeal No. 18611 of 2006. Judgment Sheikh Abdul Awal J. - This Rule was issued on an application under section 561A of the Code of Criminal Procedure calling upon the opposite party to show cause as to why the impugned proceeding of GR Case No. 77 of 2006 corresponding to TR ..

Category: Criminal Law | Date: 14 Aug, 2008 | Hits: 28

Bangladesh Jatiyo Mahila Ainjibi Samity (BJMAS) Vs. Ministry of Home Affairs and Others, 2008, 37 CLC (HCD)

....or DNA test. The Nari-O-Shishu Nirjatan Case pending in the Court below shall proceed as usual.  Farid Ahmed J.- I agree.  This Case is also Reported in: 61 DLR (HCD) (2009) 371. ......e Rule was not issued upon Mrs. Anwara Rahman, the alleged mother of seven children. Consequently, the Rule was treated as not heard. Subsequently, the petitioner filed an application for addition of party and for issuance of supplementary Rule. Accordingly, supplementary Rule was issued on Mrs. Anw..

Category: Women and Children | Date: 14 Aug, 2008 | Hits: 201

AKM Kamruzzaman Khan Vs. Registrar, Joint Stock Companies and Firms Dhaka and 6 others, 2008, 37 CLC (HCD)

....to him under the provision of section 193 of the Companies Act, 1994. However, there shall be no order as to cost. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 226. ......ase. This Court has already noted that the aforesaid provision of section 193 of the Companies Act, 1994 has clearly required the Registrar of the Joint Stock Companies to hold an enquiry when one party of a Company files a document and another party of the said Company files an objection agains..

Category: Company Law | Date: 12 Aug, 2008 | Hits: 18

Idrisur Rahman (Md) Vs. Bangladesh, 2008, 37 CLC (HCD)

....iament then appropriate provision as to the advice of Prime Minister may be incorporated in that Act. 166. It needs to be mentioned here that this impugned Ordinance is a new law. Some lacuna or defects may be in this new law which may surface when actions start to be taken under this law. It i......ower of the Republic shall subject to Article 58D(1) be exercised by or on the authority of the Chief Adviser in accordance with the advice of such Government. 91. Under Article 58D(1), the Non-party Caretaker Government shall discharge its functions as an interim government and shall carry on..

Category: Constitutional Law | Date: 7 Aug, 2008 | Hits: 236

S.M. Mohiuddin Hossain Vs. Jalalabad Co-Operative Housing Society Limited and others, 2008, 37 CLC (HCD)

.... 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. ......r. H.S. Deb Brahman-For the Opposite Party No.1. Civil Revision No.2219 of 2003. Judgment Syed Abu Kowser Md. Dabirush-Shan J.- This Rule was issued calling upon the op­posite party No.1 to show cause as to why the judgment and decree dated 02.04.2003 and 08.04.2003 respectiv..

Category: Civil Law, Property Law | Date: 5 Aug, 2008 | Hits: 4

Md. Mafizur Rahman Tutu and others Vs. State, 2008, 37 CLC (HCD)

....ance with law. Office is directed to communicate the order at once. Md. Abdul Quddus J.-I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 78, 29 BLD (HCD) (2009) 30. ...... Pada Sana Vs. The State, 1985 BLD (AD) 278. Lawyers Involved: Md. Fakhar Uddin, Advocate - For the accused-petitioners.  Helaluddin, Assistant Attorney General - For the opposite party.  Criminal Miscellaneous Case No.7645 of 2002. Judgment Syed Md. Ziaul Kar..

Category: Criminal Law | Date: 31 Jul, 2008 | Hits: 92

Md. Karamot Ali Alias Rafique Alias Rafiqul Islam Vs. The State, 2008, 37 CLC (HCD)

....tion with any other case. 24. Send down LCR along with a copy of the judgment at once. Ed. This Case is also Reported in: 29 BLD (HCD) (2009) 250.       ......n an ap­plication under section 561A of 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..

Category: Criminal Law | Date: 30 Jul, 2008 | Hits: 5

State Vs. Metropolitan Police Commissioner, Khulna and others, 2008, 37 CLC (HCD)

....y the Department of Social Services.  With the above observations and directions the Rule is disposed of. Md. Emdadul Huq J. - I agree. This Case is also Reported in: 60 DLR (HCD) 660. ...... latter case the applicability of the UNCRC was in issue. Mason CJ stated the position as follows: “It is well established that the provisions of an international treaty to which Australia is a party do not form part of Australian law unless those provisions have been validly incorporated into..

Category: Women and Children | Date: 22 Jul, 2008 | Hits: 147

Md. Abdul Jabber Biswas and others Vs. Aysha Khatoon and others, 2008, 37 CLC (HCD)

....cquisition and Tenancy Act. 4. The purchasers pre-emptees contested the case by filing written objection denying the material allegations and stating that the preemption application suffers from defect of parties, barred by the principle waiver, estoppel and acquiescence, the preemptors were te......ourt, Patuakhali, in Miscellaneous Appeal No.86 of 2002, affirming those dated 10.11.2002, passed by the learned Assistant Judge, Patuakhali, in Miscellaneous Case No.33 of 2000. 2. The opposite party Nos.1-3 as preemptors filed the Preemption Miscellaneous Case No.33 of 2000 under section 96 o..

Category: Property Law | Date: 21 Jul, 2008 | Hits: 3

Md. Abdul Jabber Biswas Vs. Aysha Khatoon and others, 2008, 37 CLC (HCD)

....cquisition and Tenancy Act. 4. The purchasers pre-emptees contested the case by filing written objection denying the material allegations and stating that the preemption application suffers from defect of parties, barred by the principle waiver, estoppel and acquiescence, the preemptors were te......ourt, Patuakhali, in Miscellaneous Appeal No.86 of 2002, affirming those dated 10.11.2002, passed by the learned Assistant Judge, Patuakhali, in Miscellaneous Case No.33 of 2000. 2. The opposite party Nos.1-3 as preemptors filed the Preemption Miscellaneous Case No.33 of 2000 under section 96 o..

Category: Property Law, Tenancy Law | Date: 21 Jul, 2008 | Hits: 5