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State Vs. Ershad Sheikh, 2008, 37 CLC (HCD)
....y be sole basis of conviction of the accused. Thus the prosecution could prove the charge under section 11(ka) of the Ain against the accused beyond all shadow of doubt. The learned Judge rightly and legally convicted and sentenced the accused. There is no reason for interference with such convictio......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. ..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)
....ree AGMs to be 10.1.2008, and the BOD must correspondingly and concomitantly not only take a fresh decision regarding the entitlement to dividends and attendance at the said meetings but must of legal necessity also re-fix the earlier Record Date of 25.9.2005. It is asserted that the earlier......he very outset has been that of the maintainability of these Applications given that objections have been raised by the Respondents as to the lotus standi of the Petitioners as to their declared status as members of the Bank to file these Applications as proceed inter alia, under Section 81(2..Category: Company Law | Date: 11 Jun, 2008 | Hits: 43
Haji Nasirullah and another Vs. Government of Bangladesh and others, 2008, 37 CLC (HCD)
....n 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 to be illegal and without lawful Authority. 2. The facts of Writ Petition No.1448 of 2008, in brief, ar......ed. No order as to costs. The Rule issued in Writ Petition No.3071 of 2008 is discharged without any order as to costs. Ed. This Case is also Reported in: 29 BLD (HCD) (2009) 7. ..Category: Property Law | Date: 8 Jun, 2008 | Hits: 11
Tasmima Hossain Vs. Anti-Corruption Commission and others, 2008, 37 CLC (HCD)
....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 Rules, 2007 should not be declared be...... 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. ..Category: Anti-Corruption Laws, Criminal Law | Date: 8 Jun, 2008 | Hits: 7
Mst. Phulbanu @ Phul Vs. State, 2008, 37 CLC (HCD)
....i 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 special law availability of remedy if any legal remedy is ordinarily available under both general law and special law, the remedy prescribed......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. ..Category: Procedural Law | Date: 5 Jun, 2008 | Hits: 4
Mannan alias Mannan Khan (Md.) Vs. State, 2008, 37 CLC (HCD)
.... Osman Gani, 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 pas......f the petitioner. 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: 13 BLC (HCD) (2008) 863. ..Category: Criminal Law | Date: 4 Jun, 2008 | Hits: 2
Md. Emdad Hossain and another Vs. Bangladesh Biman Corporation and others, 2008, 37 CLC (HCD)
....vision held that the order of retirement from service made in respect of the appellant according to the provision of Regulation 11A(2) of the Regulations was without lawful authority and was of no legal effect. He further submits that Regulation No.11A was added to the Regulations on February 5,......ervice are declared to have been passed without lawful authority having no legal effect. There is no order as to costs. Ed. This Case is also Reported in: 28 BLD (HCD) (2008) 461. ..Category: Procedural Law | Date: 4 Jun, 2008 | Hits: 7
Md. Mannan Alias Mannan Khan Vs. State, 2008, 37 CLC (HCD)
....man Gani, Assistant Attorney General-For the Respondent. Criminal Appeal No. 3627 of 2007. Judgment Syed Md. 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 26-07-2007 passed......e petitioner. 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: 28 BLD (HCD) (2008) 664. ..Category: Criminal Law | Date: 4 Jun, 2008 | Hits: 3
Abul Kashem-al-Asad Vs. Abdul Muhib and others, 2008, 37 CLC (HCD)
....f law resulting in an error in rejecting the application filed by the defendant/ petitioner under Order VII, rule 11 of the Code. In this regard we like to observe that by now it is a well settled legal proposition that in considering an application or a prayer made by a party the court will see......rt of Joint District Judge Second Court, Sylhet is rejected. No order as to costs. Communicate the order at once. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 502. ..Category: Procedural Law | Date: 28 May, 2008 | Hits: 5
Hormuz Sikder & others Vs. Ayub Ali Sikder & others, 2008, 37 CLC (HCD)
....llip;…………………………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 tot......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. ..Category: Property Law | Date: 26 May, 2008 | Hits: 3
Harmuj Sikder & others Vs. Ayub Ali Sikder & others, 2008, 37 CLC (HCD)
....to "policy of the law". And "policy of the law" cannot be to deprive a person from his legitimate share in the ejmali property. The aim of public policy shall always be to ensure and safeguard the legal right of a person which might have accrued to him under a statute as well as under the perso......preferably within 6(six) months from the date of receipt of this judgment. There will be no order as to costs. Ed. This Case is also Reported in: 28 BLD (HCD) (2008) 457. ..Category: Property Law | Date: 26 May, 2008 | Hits: 7
Abul Kalam Azad (Md.) Vs. State and another, 2008, 37 CLC (HCD)
.... for Taka 3,50,000; the complainant placed all those cheques for encashment one by one on 9-8-2006, 10-8-2006 and 22.8-2006 but the cheques were dishonored for insufficient fund. The complainant sent legal notice through his learned Lawyer for payment of those cheques' amount. The petitioner gave re...... 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)
....rising out of Gulshan PS Case No.41(3)07 dated 10.03.07 corresponding to GR Case No.178 of 2007 are hereby declared to have been taken and continued without any lawful authority and as such, of no legal effect and is accordingly, quashed for the ends of justice. Communicate at once. ......l authority and as such, of no legal effect and is accordingly, quashed for the ends of justice. Communicate at once. Ed. This Case is also Reported in: 28 BLD (HCD) (2008) 455. ..Category: Criminal Law | Date: 18 May, 2008 | Hits: 3
Category: Election Law | Date: 18 May, 2008 | Hits: 122
Zakir Hossain and another Vs. Md. Yousuf Kabir and others, 2008, 37 CLC (HCD)
...., Dhaka on 12.08.92 with the defendants was the basis of the said decree. Rasheda Begum went to Pakistan Via Nepal after liberation of Bangladesh, so the alleged bainapatra was fraudulent and was not legally enforceable in respect of the suit property, Rasheda Begum had no right, title, interest and......s confirmed. There will be no order as to costs. Send down the lower court's record immediately. Ed. This Case is also Reported in: 29 BLD (HCD) (2009) 347. ..Category: Property Law | Date: 13 May, 2008 | Hits: 5
Shrimp and Fish Processing Plant Ltd. Vs. National Bank Limited and others, 2008, 37 CLC (HCD)
.... 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, National Bank Ltd. as plainti......he order of stay granted earlier by this Court stands vacated. Communicate the order to the Adalat concerned at once. Ed. This Case is also Reported in: 28 BLD (HCD) (2008) 503. ..Category: Procedural Law | Date: 4 May, 2008 | Hits: 9
Kazi Ramimul Islam Vs. State, 2008, 37 CLC (HCD)
.... Court did not apply his judicial mind in analysing the deposition of P.Ws. and their cross-examinations and that the learned trial Court has based his Judgment on surmises and conjectures and not on legal evidence on record. He further submits that the prosecution has miserably failed to prove the ......ul Islam is discharged from his respective bail bond. Send down the lower Court records along with a copy of Judgment expeditiously. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 6. ..Category: Women and Children | Date: 4 May, 2008 | Hits: 151
Kazi Ranimul Islam Vs. State, 2008, 37 CLC (HCD)
....Court did not apply his judicial mind in analysing the deposition of P.W.s. and their cross-examinations and that the learned trial Court has based his judgment on surmises and conjectures and not on legal evidence on record. He further submits that the prosecution has miserably failed to prove the ......imul Islam is discharged from his respective bail bond. Send down the lower Court records along with a copy of judgment expeditiously. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 6...Category: Women and Children | Date: 4 May, 2008 | Hits: 8
Jewel Cotton Spinning and Weaving Mills Ltd. Vs. Bangladesh & others, 2008, 37 CLC (HCD)
....o why the impugned Judgment and order dated 16-2-2005 passed by respondent No.2 in Artha Rin Adalat Case No.40 of 2004 should not be declared to have been passed without lawful authority and is of no legal effect. 2. The petitioner, a company represented by its Chairman, filed instant writ petiti......d with cost. The trial Court is directed to dispose of the suit preferably within three months from the date of receipt of the order. Ed. This Case is also Reported in: 13 BLC (HCD) (2008) 572. ..Category: Civil Law | Date: 24 Apr, 2008 | Hits: 62
Chairman, Bangladesh Water Development Board Vs. Md. Abdur Rahman, 2008, 37 CLC (HCD)
....g upon this Court, unless it is shown that there are misreading or non consideration of material evidence on record in arriving at such finding. The judgments of the Courts below are not tainted with legal infirmity and perversity justifying interference by this Court. After examining the record of ......he Courts below stand maintained. Send down the lower Court's record and a copy of the judgment and order to the Court concerned. Ed. This Case is also Reported in:61 DLR (HCD) (2009) 42. ..Category: Employment/Service Law | Date: 24 Apr, 2008 | Hits: 50