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Mosammat Kazi Shamsunnahar Vs. Md. Ramjan Molla and others, 2008, 37 CLC (HCD)
....he lower court records at once. Ed. This Case is also Reported in: 29 BLD (HCD) (2009) 391. ......Kazi and others, 10 BLC (AD) 157; Mozibar Rahman Molla and another Vs. Md. Rehazuddin and others, 8 BLC 479; Abdul Latif Vs. Rashid Ahmed and others, 2 BLC 73; Deputy Commissioner, Jessore Vs. Ershad Ali Moral and others, 25 BLD (AD) 161. Lawyers Involved: Kazi Abdul Khaleque- For the Peti......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. ......ent: Md. Mizanur Rahman Bhuiyan J Mosammat Kazi Shamsunnahar……………………………Petitioner Vs. Md. Ramjan Molla and others……………………………&h..Category: Property Law | Date: 20 Nov, 2008 | Hits: 2
Habibur Rahman Molla Vs. State, 2008, 37 CLC (HCD)
....d the Appellate Division Judgment here. Read the Criminal Petition for Leave to Appeal here. Supreme Court High Court Division (Criminal Appellate Jurisdiction) Present: Md. Anwarul Haque J Farah Mahbub J Habibur Rahman Molla …………&h......ere evidence of 17 witnesses have already been recorded by the trial Court. Cases Referred to- Abdul Hakim Vs. State, 45 DLR 352; Bangladesh Vs. Iqbal Hasan Mahmood, 60 DLR (AD) 147; Niamat Ali Sheikh. Vs. Begum Enayetur Noor, 1993 BLD (AD) 11 = 42 DLR (AD) 250; Wadud Vs. State, 48 DLR (AD......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. ...... Result: The Rule is discharged. Interpretation of Statute The language of the statute is not always a decisive factor in determining whether the particular provision of a statute is mandatory or directory. The language of the statute cannot always be faultless, and this leaves room ..Category: Anti-Corruption Laws | Date: 20 Nov, 2008 | Hits: 157
Abdul Hai (Md.) Vs. Bangladesh and others, 2008, 37 CLC (HCD)
.... This Case is also Reported in: 61 DLR (HCD) (2009) 485. .......)……………Petitioner Vs. Bangladesh and others……………Respondents Judgment November 18, 2008. Result: The Rule is disposed of. Case Referred to- Col. Md. Hashmat Ali (Retired) Vs. Government of Bangladesh, 47 DLR (AD) 1; Bangladesh Vs. Md. Abdur Rab, 33 DLR (AD)......y his all retirement benefits as he is entitled under the law prevailing up to date. However, there shall be no order as to costs. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 485. ...... 485. ..Category: Employment/Service Law | Date: 18 Nov, 2008 | Hits: 33
Ziad Ali Gazi (Md.) Vs. State, 2008, 37 CLC (HCD)
....Reported in: 61 DLR (HCD) (2009) 807. ......e is also Reported in: 61 DLR (HCD) (2009) 807. ...... satisfaction of the Special Tribunal No. 3, Satkhira before whom the case is pending for trial. Communicate the order at once. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 807. ......te………………………Respondent Judgment October 28, 2008. Result: The appeal is allowed. Even though the charge sheet was submitted, the charge was not framed and the completion of the trial is not likely to be soon. In such cases, bail can be granted ……..Category: Criminal Law | Date: 28 Oct, 2008 | Hits: 27
Ayub Ali alias Mukul Vs. State, 2008, 37 CLC (HCD)
....o- Syed Ali Mir Vs. Syed Omar Ali, 1990 BLD (AD) 168 = 42 DLR (AD) 240; Abdul Mannan Sarker Vs. State, 6 MLR 279 = 53 DLR 565; Habib Vs. State represented by the Deputy Commissioner, 52 DLR 105; Md. Rustam AH Mataubbar Vs. Md Salauddin, 7 BLT (AD) 132 = 50 DLR (AD) 301; Abdul Karim Vs. Shamsul ...... also Reported in: 61 DLR (HCD) (2009) 52. ...... 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. .........Opposite Party Judgment August 14, 2008. Result: The Rule is made absolute. At the time of taking loan no promise as to return of money within a specified time was made and no allegation of inducement for getting the loan money from the informant was made. The accused ..Category: Criminal Law | Date: 14 Aug, 2008 | Hits: 28
Mohammad Nasim Vs. State and another, 2008, 37 CLC (HCD)
....unicate the order. Ed. This Case is also Reported in: 28 BLD (HCD) (2008) 483. ...... in the wealth statement submitted by his representative and subsequently he submitted a supplementary statement of wealth to the A.C.C.; that he was the son of Ex-Prime Minister late M. Mansur Ali, a great hero and organizer of Bangladesh Liberation War, 1971; that he was an elected Member......od of 4(four) months to the satisfaction of the learned Chief Metropolitan Magistrate, Dhaka. Communicate the order. Ed. This Case is also Reported in: 28 BLD (HCD) (2008) 483. ......sent: Md. Muzammel Hossain J Syed AB Mahmudul Huq J Mohammad Nasim……………………………………………………………………….Appellant Vs. The State and another…………………………………………………………………Respondents ..Category: Criminal Law | Date: 6 Aug, 2008 | Hits: 4
Motahera Begum and others Vs. Abdul Monaf and others, 2008, 37 CLC (HCD)
....f the judgment. Ed. This Case is also Reported in: 29 BLD (HCD) (2009) 402. ......ip;……Opposite Parties Judgment July 30, 2008. Result: The Rule is discharged. Cases Referred to- Fatema Khatun Vs. Faizal Mia, 21 B.L.D.(H.C) 14; Khurshid Ali and others Vs. Noorjahan Bewa and others, 15 B.L.D. (A.D) 82; Hazari Bala Sana and another ......ule is discharged without and order as to the costs. 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) 402. ......is also Reported in: 29 BLD (HCD) (2009) 402. ..Category: Property Law | Date: 30 Jul, 2008 | Hits: 2
Md. Karamot Ali Alias Rafique Alias Rafiqul Islam Vs. The State, 2008, 37 CLC (HCD)
.... is also Reported in: 29 BLD (HCD) (2009) 250. ...... This Case is also Reported in: 29 BLD (HCD) (2009) 250. ......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. ...... 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..Category: Criminal Law | Date: 30 Jul, 2008 | Hits: 5
State Vs. Metropolitan Police Commissioner, Khulna and others, 2008, 37 CLC (HCD)
....the Rule is disposed of. Md. Emdadul Huq J. - I agree. This Case is also Reported in: 60 DLR (HCD) 660. ......s disposed of. Md. Emdadul Huq J. - I agree. This Case is also Reported in: 60 DLR (HCD) 660. ......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. ......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..Category: Women and Children | Date: 22 Jul, 2008 | Hits: 147
Kazi Salahuddin Vs. Kazi Badruzzahedin (Dabir) and others, 2008, 37 CLC (AD)
.... Ed. This Case is also Reported in: VI ADC (2009) 113. ...... Kazi Badruzzahedin (Dabir) and others........Respondents Judgment July 22, 2008. Lawyers Involved: Kazi Abdul Khaleque, Advocate, instructed by Md. Nawab Ali, Advocate-on-Record-For the Petitioner. A. F. M. Meshbahuddin, Senior Advocate, instru......e does not call for interference by this court. We find no merit in this petition which is accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 113. ...... 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: ..Category: Trust/Waqf Law | Date: 22 Jul, 2008 | Hits: 166
Reckitt Benckiser (Bangladesh) Ltd. Vs. Oram Limited, Sale Centre, 2008, 37 CLC (HCD)
....gment to the court below immediately. Ed. This Case is also Reported in: 29 BLD (HCD) (2009) 238. ......hellip;………………….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: Raf...... of the either of the parties. The office is directed to send a copy of this judgment to the court below immediately. Ed. This Case is also Reported in: 29 BLD (HCD) (2009) 238. ......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..Category: Alternative Dispute Resolution | Date: 13 Jul, 2008 | Hits: 18
Abdul Hannan Vs. State, 2008, 37 CLC (HCD)
.... is also Reported in: 61 DLR (HCD) (2009) 713, 29 BLD (HCD) (2009) 189. ......unding the case must be held to be no proper finding in the eye of law…………………………..(68) Cases Referred to- Mobarak Ali Gazi Vs. State, 55 DLR 325; Babu Khan Vs. State, 55 DLR 547; Abdur Rashid Vs. State, 27 DLR (AD)......h any other case. Send down the lower Court's records along with a copy of judgment expeditiously. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 713, 29 BLD (HCD) (2009) 189. ......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..Category: Evidence Law | Date: 29 Jun, 2008 | Hits: 175
Shafiqul Islam (Md.) and others Vs. State, 2008, 37 CLC (HCD)
....at once. Ed. This Case is also Reported in: 13 BLC (HCD) (2008) 915. ......ule, having merit, succeeds. 12. In the result, the Rule is made absolute in part. The petitioner No.2 Md. Mamun, son of Md. Nurul Islam Kashai of village Muslim Nagar and Petitioner No.3 Md. Ali, son of late Sayed Ali of village Rahimanpur Maral Doba, Police Station and District Thakurgaon......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. ..Category: Criminal Law | Date: 19 Jun, 2008 | Hits: 2
Nadia Khalil Vs. Rudess Karim, 2008, 37 CLC (HCD)
.... 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 Laily Begum Jalil, 18 BLD (AD) 21; Md. Abu Baker Siddique Vs. S.M.A. Bakar and ors., 38 DLR (AD) 106; Rahimullah Chowdhury Vs. Mrs. Sa......s entitled to custody of minor children below seven years in preference to the father." 52. In the case of Mst. Zohra Begum Vs. Sh. Latif Ahmad Munawwar reported in 17 DLR (WP) 134, Yaqub Ali, J sitting singly in the Lahore High Court held as under; "A father is natural guardian...... However, there shall be no order as to costs. Let a copy of the judgment be sent down to the courts below at once. Ed. This Case is also Reported in: 28 BLD (HCD) (2008) 599. ......) Custody of a minor child In order to ascertaining the custody of a minor child the paramount consideration 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..Category: Family Law | Date: 17 Jun, 2008 | Hits: 19
Golam Md. Shiblee Vs. Second Labor Court, 2008, 37 CLC (HCD)
....ase is also Reported in: 61 DLR (HCD) (2009) 49. ......ny order as to cost. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 49. ......terfere with the findings of the Labors Court. In the result, the Rule is discharged however, without any order as to cost. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 49. ......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..Category: Labour and Industrial Law | Date: 17 Jun, 2008 | Hits: 30
State Vs. Ershad Sheikh, 2008, 37 CLC (HCD)
....n Begum Vs. State, 51 DLR (AD) 18; 51 DLR (AD) 18; Abdur Rahman Vs. State, 51 DLR (AD) 33; Firoz Miah Vs. State, 51 DLR 37; State Vs. Eunus Kha, 5 BLC 353; State Vs. Bahar Miah, 56 DLR 454; State Vs. Md. Abu Taher, 56 DLR 556; Abdul Kader Vs. State, 11 BLC 669; 44 DLR (AD) 260. Lawyers Involved: ...... seizure list, Exhibit 3 and indemnified his signature, Exhibit 3/1 therein. In cross-examination he admitted that the accused never demanded money to the deceased in his presence. 13. P.W.4 Md. Alim Molla stated that on the date of occurrence at 11-00/12-00 noon while he was in his shop receiv......vidence recorded by the Tribunal. Send down the lower Court's records with a copy of this judgment for information and compliance. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 183. ......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 section 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 ..Category: Women and Children | Date: 17 Jun, 2008 | Hits: 157
A.B.M. Khaliquzzaman and others Vs. United Commercial Bank Ltd. and others, 2008, 37 CLC (HCD)
....er No.01 of 2008) A.K.M. Golam Boholul, Son of late Abdul Aziz Ahmed 572, 2nd Floor, Uttar Shahjahanpur, Dhaka-1217 and another.......................Petitioners (In Matter No.10 of 2008) Md. Salim Hossain, Son of Md. Giasuddin Howlader, 58/4 North Manik Nagar, Dhaka-1203 and another........ of Md. Giasuddin Howlader, 58/4 North Manik Nagar, Dhaka-1203 and another.........................................Petitioners (In Matter No.11 of 2008) M. A. Sabur, Son of late Al Haj Rahman Ali, House No.25A, Road No.96, Gulshan-2, Dhaka...........................................................ng up of this Order and to report the compliance thereof within 1(one) week thereafter. There is no order as to costs. Ed. This Case is also Reported in: 28 BLD (HCD) (2008) 635. ......HCD) (2008) 635. ..Category: Company Law | Date: 11 Jun, 2008 | Hits: 43
Tasmima Hossain Vs. Anti-Corruption Commission and others, 2008, 37 CLC (HCD)
....nce. Ed. This Case is also Reported in: 29 BLD (HCD) (2009) 1. ................Respondents Judgment June 08, 2008. Result: The Rule is made absolute. Cases Referred to- Shafiqul Islam Shimul (Md.) Vs. Bangladesh, (2004) 56 DLR 239; Monsur Ali (Md.) and other Vs. State, (2003) 55 DLR (AD) 131; Alamgir (Md.) Vs. State, (1998) 3 BLC (AD) 72...... authority and as such, of no legal effect and accordingly, quashed so far the petitioner is concerned. Communicate at once. Ed. This Case is also Reported in: 29 BLD (HCD) (2009) 1. ......aqul Islam J Tasmima Hossain..................................................Petitioner Vs. Anti-Corruption Commission, represented by its Chairman, Head Office: 1 Segunbagicha, Dhaka and others……………………………....Category: Anti-Corruption Laws, Criminal Law | Date: 8 Jun, 2008 | Hits: 7
Mst. Phulbanu @ Phul Vs. State, 2008, 37 CLC (HCD)
....e the order at once. Ed. This Case is also Reported in: 28 BLD (HCD) (2008) 350. ......er sections 406, 420 of the Penal Code, now pending in the Court of Magistrate, First Class, Bogra, should not be quashed. 2. Short facts leading to this Rule are that on 29-09-2005 one Abbas Ali as informant lodged a first information report with the Sherpur Police Station against four acc......w Judicial Magistrate, Bogra, will proceed in accordance with law. Office is directed to communicate the order at once. Ed. This Case is also Reported in: 28 BLD (HCD) (2008) 350. ......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, ..Category: Procedural Law | Date: 5 Jun, 2008 | Hits: 4
Hormuz Sikder & others Vs. Ayub Ali Sikder & others, 2008, 37 CLC (HCD)
.... Ed. This Case is also Reported in: 29 BLD (HCD) (2009) 271. ......n Ahmed J Hormuz Sikder & others…………………………………………Petitioners Vs. Ayub Ali Sikder & others………………………&hell......s from the date of receipt of this judgment. There will be no order as to costs. Ed. This Case is also Reported in: 29 BLD (HCD) (2009) 271. ......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 ..Category: Property Law | Date: 26 May, 2008 | Hits: 3
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