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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. ......n for the purpose of trial under this Act, but the power to investigate by the police of the offences punishable under this Act will not override by any provisions under this Act. for this reason, an application for quashing the proceedings are not the correct exposition of law. Case Refer..Category: Criminal Law | Date: 31 Jul, 2008 | Hits: 92
Motahera Begum and others Vs. Abdul Monaf and others, 2008, 37 CLC (HCD)
....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. ......ggrieved by and dissatisfied with the judgment and decree passed by the learned Joint District Judge, 2nd Court, Cox's Bazar, the plaintiff-respondent-petitioners preferred the instant revisional application before the High Court Division under Section-115 of the Code of Civil Procedure and ob&s..Category: Property Law | Date: 30 Jul, 2008 | Hits: 2
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. ......e similar question was raised against the judgment and order of conviction where sentence was passed for imprisonment for life. In the reported decision, the convict-petitioner preferred an application under section 561A of the Code of Criminal Procedure against the impugned judgment and o..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. ......report to this Court under Memo No.KMM-133/08-92 dated 30.04.2008 states that on 21.04.08 the case papers were placed before the Additional Chief Metropolitan Magistrate in charge. Since there was no application for bail when the accused was produced before the Court, in the usual course the Court f..Category: Women and Children | Date: 22 Jul, 2008 | Hits: 147
Kazi Salahuddin Vs. Kazi Badruzzahedin (Dabir) and others, 2008, 37 CLC (AD)
....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. ......f the Mosque to submit a representation to the Wakf Office for appointing the petitioner as Mutwalli who is a maternal uncle of writ petitioner No.2 and on 22.04.2003 the petitioner submitted an application to the Wakf Office for getting appointment as Mutwalli. 8. The respondent No.4..Category: Trust/Waqf Law | Date: 22 Jul, 2008 | Hits: 166
Md. Abdul Jabber Biswas and others Vs. Aysha Khatoon and others, 2008, 37 CLC (HCD)
....er Court's Records immediately. However, there is no order as to costs. Ed. This Case is also Reported in: 29 BLD (HCD) (2009) 28. ......land under preemption without serving statutory notice upon them by a kabala dated 17.04.2000. They came to know about such transfer on 08.05.2000 and after obtaining the copy of the kabala filed the application of preemption by depositing the consideration money along with its 10% under 96 of the E..Category: Property Law | Date: 21 Jul, 2008 | Hits: 3
Md. Abdul Jabber Biswas Vs. Aysha Khatoon and others, 2008, 37 CLC (HCD)
.... the Lower Court's Records immediately. 13. However, there is no order as to costs. Ed. This Case is also Reported in: 29 BLD (HCD) (2009) 28. ......land under preemption without serving statutory notice upon them by a kabala dated 17.04.2000. They came to know about such transfer on 08.05.2000 and after obtaining the copy of the kabala filed the application of preemption by depositing the consideration money along with its 10% under 96 of the E..Category: Property Law, Tenancy Law | Date: 21 Jul, 2008 | Hits: 5
Reckitt Benckiser (Bangladesh) Ltd. Vs. Oram Limited, Sale Centre, 2008, 37 CLC (HCD)
.... 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. ......) arbitrators Mr. Justice K.M. Hasan gave a dissenting award and thus because of the majority decision the award went in favour of the opposite party. Thereafter, the present petitioner filed an application before the District Judge, Dhaka under section 42 read with section 43 of the Arbitratio..Category: Alternative Dispute Resolution | Date: 13 Jul, 2008 | Hits: 18
Abdul Hannan Vs. State, 2008, 37 CLC (HCD)
....earing for the appellant. 84. The trial having been without complying with the legal provision of law, under normal circumstances, it would be incumbent upon this Court to send the case back for fresh trial by the appropriate Court. 85. However, on the evidence and materials on record, we ......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. ..Category: Evidence Law | Date: 29 Jun, 2008 | Hits: 175
Khairul Amin and others Vs. Md. Saidul Hoque & another, 2008, 37 CLC (HCD)
....nd found dissimilarity in the defendant's signature with the signature of the defendant appearing on the written statement and the Vokalatnama. The plaintiff accordingly filed an application for a fresh examination of the handwriting of the defendant with his handwriting appearing on the deed of...... of the defendant and found dissimilarity in the defendant's signature with the signature of the defendant appearing on the written statement and the Vokalatnama. The plaintiff accordingly filed an application for a fresh examination of the handwriting of the defendant with his handwriting appea..Category: Evidence Law | Date: 19 Jun, 2008 | Hits: 8
Shafiqul Islam (Md.) and others Vs. State, 2008, 37 CLC (HCD)
....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. ......etitioners. Qsman Gani, Assistant Attorney-General - For the Opposite Party. Criminal Miscellaneous Case No.5094 of 2008. Judgment SM Ziaul Karim J. - This Rule was issued, on an application under section 498 of the Code of Criminal Procedure, calling upon the opposite party to..Category: Criminal Law | Date: 19 Jun, 2008 | Hits: 2
Ahmed Hossain (Md.) and others Vs. Nasima Khatun and another, 2008, 37 CLC (HCD)
.... complainant earlier filed two Criminal cases and the same were dismissed after following due course of law but the complainant without seeking her redress under section 28 of the Ain, 2000 filed a fresh complaint before the Tribunal suppressing the former facts and, as such, the instant case ...... matter for judicial enquiry by a Magistrate and after obtaining report took cognisance of the offence against the appellants. 4. Eventually on the date of framing charge the appellants filed an application under section 265C of the Code of Criminal Procedure for discharging them from the cha..Category: Women and Children | Date: 18 Jun, 2008 | Hits: 28
City Bank Ltd. Vs. Artha Rin Adalat No.1 Dhaka and others, 2008, 37 CLC (HCD)
....with an ill motive as well as having got prior knowledge of the liabilities of the respondent No.3, Mainamoti Textile Mills Ltd towards this respondent-Bank (plaintiff-bank) motively sanctioned fresh loan in neither obtaining any clearance from the plaintiff-bank (respondent No.2) nor bothe...... June 17, 2008. Result: The Rule is discharged. Application of Article 102 of the Constitution against the judgment and decree passed by the Artha Rin Adalat An application under Article 102 of the Constitution does not lie against the judgment and decree wh..Category: Civil Law | Date: 17 Jun, 2008 | Hits: 7
Nadia Khalil Vs. Rudess Karim, 2008, 37 CLC (HCD)
.... 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. ......not get the minor daughter on 10.2.2008, she lodged the Family Suit No.415 of 2008 on 5.3.2008 with the aforesaid prayer. 4. During the pendency of the said family suit the plaintiff filed an application under the provision of Section 16A of the Family Courts Ordinance, 1985 praying for on ..Category: Family Law | Date: 17 Jun, 2008 | Hits: 19
State Vs. Ershad Sheikh, 2008, 37 CLC (HCD)
.... the Court of Session. The Tribunal acted without jurisdiction. There was miss-trial. So the conviction cannot be converted under section 302 or 304 of the Penal Code. The case should be sent for fresh trial by the Court of Session. 9. In order to appreciate the above submissions advanced b......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
AKM Nazimuddin Vs. Md. Delwar Hossain and others, 2008, 37 CLC (HCD)
....ned Senior Assistant Judge, Sadar Court, Noakhali, in hereby affirmed. Send down the lower Court's record immediately. Ed. This Case is also Reported in: 13 BLC (HCD) (2008) 868. ......judgment and order dated 4-9-2005 dismissed the appeal and affirmed the judgment of the trial Court. 7. It may be mentioned here that during pendency of the appeal the pre-emptor came up with an application under Order VI, rule 17 of the Code of Civil Procedure seeking for amendment of the pre-..Category: Property Law | Date: 11 Jun, 2008 | Hits: 12
Unilever Bangladesh Ltd. Vs. Chairman, National Board of Revenue and others, 2008, 37 CLC (HCD)
....s manufactured by the petitioner company as mentioned in both the Writ petitions. Communicate this order at once. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 156. ......t efficacious ones rather causing regular damage to the local industry as well as causing loss to the revenue which, in our view, is irreparable in nature. 9. The other provisions namely, the application under the Trade Marks Act, etc. though are alternative remedies available for the petit..Category: Fiscal/Taxation Law | Date: 11 Jun, 2008 | Hits: 9
A.B.M. Khaliquzzaman and others Vs. United Commercial Bank Ltd. and others, 2008, 37 CLC (HCD)
....ances may not equally underpin the favourable disposal of these Applications. Giving these circumstances, and since the above referred meetings along with those for later years are now to be held afresh requiring notices to be issued afresh, it is submitted that a new Record Date must correspond......ive a cohesive and conjunctive interpretation to this two regimes and, (b) to what extent within that general exercise of interpretation and in applying the notion of the precedence and relative application of laws certain of the provisions of one regime can be said to prevail over the other. ..Category: Company Law | Date: 11 Jun, 2008 | Hits: 43
Haji Nasirullah and another Vs. Government of Bangladesh and others, 2008, 37 CLC (HCD)
....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. ......urpose of development of Jatrabari Wholesale Kacha Bazar of DCC. The petitioner was taken aback as no notice was served upon him under sections 3, 5, 6 and 7 of the Ordinance. The petitioner filed an application to the Mayor, DCC for releasing his .64 acre of land from acquisition proposal. In reply..Category: Property Law | Date: 8 Jun, 2008 | Hits: 11
Tasmima Hossain Vs. Anti-Corruption Commission and others, 2008, 37 CLC (HCD)
.... 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. ......seek any redress or remedy under the criminal administration of justice. But such concept 'fugitive from justice' we are afraid could be pressed into operation or resorted to in respect of an application made under article 102 of the Constitution. 27. Under article 102(2) of the Constit..Category: Anti-Corruption Laws, Criminal Law | Date: 8 Jun, 2008 | Hits: 7