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Sirajul Islam (Md) Vs. Tauhid Uddin Ahmed & another, 2009, 38 CLC (HCD)
....proceeding is not liable to be quashed." 24. If the cause of action is matured during the pendency of the proceeding, the defect of pre-maturity of cause of action could be cured. Though the above principle is laid down in respect of a civil proceeding, we are of the view that the spirit of this ......ay granted earlier stands vacated. Send a copy of this order to Metropolitan Assistant Sessions Judge, Court, Dhaka for compliance. Ed. This Case is also Reported in: 15 BLC (HCD) (2010) 39. ...... Vs. Abdul Hamid Bhuiyan, 60 DLR (AD) 195; Satya Narayan Podder Vs. State, 53 DLR 403; Abdur Rahman Vs. Moklis Ali, 31 DLR (AD) 118; Ali Akkas Vs. Enayet Hossain, 1997 BLD (AD) 44 = 2 BLC (AD) 16. Lawyers Involved: Abdul Jalil with Zahida Khatun, Advocates - For the Petitioner. Yusuf Hossai..Category: Banking Law | Date: 4 May, 2009 | Hits: 280
Zahed Hossain (Md.) Vs. State and another, 2009, 38 CLC (HCD)
..... In this connection we may also profitably refer the decision in the case of Ali Akkas Vs. Enayet Hossain reported in 1997 BLD (AD) 44 = 2 BLC (AD) 16 wherein their Lordships held: "The settled principle of law is that to bring a case within the purview of section 561A for the purpose of quash......t be quashed and the same may continue as well. I like to add the above few words in support of my learned brother and I agree. Ed. This Case is also Reported in:61 DLR (HCD) (2009) 386. ......, 16 DLR (SC) 233; KM Zakir Hussain Vs. State, 29 DLR (SC) 250; State Vs. Constable Lai Mia, 44 DLR (AD) 277; PLD 1962 Dacca 424 (DB); Makhan Lal Vs. State, 1965 (2) CrLJ 351 = AIR 1965 Cal 457. Lawyers Involved: AKM Foez with Nurul Huda Ansary. Advocate — For the Accused Petitione..Category: Procedural Law | Date: 29 Apr, 2009 | Hits: 135
Md. Alauddin Bepari Vs. Somola Khatoon & others, 2009, 38 CLC (HCD)
....ting the application under Order 7 Rule 11 of the Code of Civil Procedure is hereby set aside and the plaint of the suit is rejected. Ed. This Case is also Reported in: 14 MLR (HCD) (2009) 251. ......ting the application under Order 7 Rule 11 of the Code of Civil Procedure is hereby set aside and the plaint of the suit is rejected. Ed. This Case is also Reported in: 14 MLR (HCD) (2009) 251. ......…opposite parties Judgment April 21, 2009. Result: The Rule is made absolute. Case Referred to- M. Pentiah and others Vs. Muddala Veeramallappa and others, AIR, 1961 (SC) 1107. Lawyers Involved: Mahmudul Islam with Mr. A. M. Aminuddin and Munshi Moniruzzaman, Advocate - For..Category: Civil Law | Date: 21 Apr, 2009 | Hits: 91
Dr. M. A. Yahia Vs. Md. Abdul Quader and others, 2009, 38 CLC (AD)
....therefore, no substance, in the leave petition and the same is dismissed accordingly. Ed. Case is also Reported in: 14 MLR (AD) (2009) 235; 29 BLD (AD) (2009) 59; 14 BLC (AD) (2009) 109. ......therefore, no substance, in the leave petition and the same is dismissed accordingly. Ed. Case is also Reported in: 14 MLR (AD) (2009) 235; 29 BLD (AD) (2009) 59; 14 BLC (AD) (2009) 109. ..............................Petitioner Vs. Md. Abdul Quader and others....................Respondents Judgment April 15, 2009. Result: The leave petition is dismissed. Lawyers Involved: Moudud Ahmed, Senior Advocate, instructed by Md. Aftab Hossain, Advocate-on-R..Category: Property Law | Date: 15 Apr, 2009 | Hits: 36
Md. Abdur Rashid & others Vs. Most. Amena Khatun and others, 2009, 38 CLC (HCD)
.... is discharged, however, without any order as to costs. Send down the Lower Court Records at once. Ed. This Case is also Reported in: 29 BLD (HCD) (2009) 296. ...... is discharged, however, without any order as to costs. Send down the Lower Court Records at once. Ed. This Case is also Reported in: 29 BLD (HCD) (2009) 296. ......dgment April 13, 2009. Result: The Rule is discharged. Cases Referred to- Guru Charan Mondal and others Vs. Sree Bhaba Sindhu Sarkar and others, 1 EX File Plus (AD) 73. Lawyers Involved: Sasti Sarker with Khandaker Nozrul Islam- For the Petitioners. Md. Nurul..Category: Property Law | Date: 13 Apr, 2009 | Hits: 2
Jaharlal Bandapadhya and others vs. Most. Begum Jahanara, 2009, 38 CLC (AD)
....ourt Division. In such view of the matter we find not substance in this appeal. The appeal is dismissed without any order as to cost. Ed. This Case is also Reported in: VII ADC (2010) 155. ......ourt Division. In such view of the matter we find not substance in this appeal. The appeal is dismissed without any order as to cost. Ed. This Case is also Reported in: VII ADC (2010) 155. ...... dead her heirs Suraya Hossain and others .........Respondents Judgment April 13, 2009. Case Referred To- Jahed Ali Mondal and others Vs. Jamini Kanta Dey and others 1987 BLD (AD) 156. Lawyers Involved: Md. Nawab Ali, Advocate-on-Record-For the Appellants. Mahmudul Islam, Senior..Category: Property Law | Date: 13 Apr, 2009 | Hits: 74
Abdus Sahid @ Shahid & others Vs. Anowara Begum & others, 2009, 38 CLC (HCD)
....eipt of this order. Send down the Lower Court Records at once. Ed. This Case is also Reported in: 29 BLD (HCD) (2009) 394. ......eipt of this order. Send down the Lower Court Records at once. Ed. This Case is also Reported in: 29 BLD (HCD) (2009) 394. ......…Opposite Parties Judgment April 9, 2009. Result: The Rule is discharged. Case Referred to- Ahejuddin Molla Vs. Hanufa Bibi and others, 26 D.L.R. (1974) 323. Lawyers Involved: Md. Faroque Ahmed with Anjuman-Ara Begum- For the Petitioners. M.A. Jabb..Category: Property Law | Date: 9 Apr, 2009 | Hits: 2
Zahida Ahmed (Liza) Vs. Syed Noor Uddin Ahmed and another, 2009, 38 CLC (HCD)
....'s relations in preference to the father. The Judgment of the learned District Judge was upheld upto the Appellate Division which, among other findings, held as under: "Indeed, the principle of Islamic Law (in the instant case, the rule of hizanat or guardianship of a minor child ......inor children, the paramount consideration is the welfare of the minor and not the legal right of this and that particular party." 15. The General Assembly of the United Nations adopted the International Convention of the Rights of the Child, 1989. The document is a binding treaty to which......aker Siddique Vs. S.M.A Bakar and others, 38 DLR (AD) 106; Rumana Afrin Vs. Fakir Ashrafuddin Ahmed and Others, (1996) 1 BLC 517; Abdul Jalil Vs. Sharon Laily Begum Jalil, (1998) 50 DLR (AD) 55. Lawyers Involved: Ms. Sara Hossain - For the petitioner. M. Ashraf Ali - For the responden..Category: Family Law, Women and Children | Date: 16 Mar, 2009 | Hits: 182
Aysha Begum Vs. State, 2009, 38 CLC (HCD)
....tion under section 491 of the Code of Criminal Procedure and dealt with custody of the victim minor girls in connection with Nari-o-Shishu Case. Learned Deputy Attorney-General has submitted that the principle for the purpose of determination of custody is practically the same. He has further endors......er to the Deputy Commissioner, Narayanganj and Superintendent of Police Narayanganj for their information and necessary action. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 493. ......……………(13) Case Referred to- Mostafa Kamal Vs. State, 58 DLR 453; Jharna Rani Saha Vs. Khondaker Zayedul Hoque, 52 DLR (AD) 66; Abdul Majid Sarker Vs. State, 55 DLR (AD) 1. LawyersInvolved: Md. Faruk Hossein with Md. Shakir Hossain, Advocates — For the Appellant. ..Category: Women and Children | Date: 12 Mar, 2009 | Hits: 23
Advance Sweater Industry Ltd Vs. Mohiuzzaman Chowdhury and others, 2009, 38 CLC (HCD)
....de absolute without any order as to costs. The impugned judgment and order of the learned Additional District Judge is set aside. Ed. This Case is also Reported in: 21 BLT (HCD) (2013) 16 ......de absolute without any order as to costs. The impugned judgment and order of the learned Additional District Judge is set aside. Ed. This Case is also Reported in: 21 BLT (HCD) (2013) 16 ......hiuzzaman Chowdhury and others……………………Opposite parties Judgment February 18, 2009. Result: The rule is made absolute. Lawyers Involved: Mohammad Hossain—For the petitioner Md. Tamizuddin—For the o..Category: Civil Law, Procedural Law | Date: 18 Feb, 2009 | Hits: 1
Fahima Nasrin Vs. Government of Bangladesh and others, 2009, 38 CLC (HCD)
....the Judiciary. Let the lower Court records be transmitted at once along with a copy of this judgment. Sheikh Abdul Awal J. - I agree. This Case is also Reported in: 61 DLR (HCD) (2009) 232. ......provide for them. We are also obliged to implement various beneficial provisions of international conventions, covenants and treaties, such as the UN Convention on the Rights of the Child (UNCRC) and International Covenant on Civil and Political Rights (ICCPR), of which Bangladesh is a signatory. We......State 7 BLC 409; Hussain Mohammad Ershad Vs. Bangladesh, 2001 BLD (AD) 69 =7 BLC (AD) 67; State Vs. Metropolitan Police Commissioner, 60 DLR 660; State Vs. Md. Roushan Mondal @ Hashem, 59 DLR 72. Lawyers Involved: Ms. Fahima Nasrin, Advocate-In person. Md. Abdus Samad Kamal, Deputy Attorne..Category: Women and Children | Date: 11 Feb, 2009 | Hits: 189
A. J. M. Helal & others Vs. Bangladesh and others, 2009, 38 CLC (HCD)
....al method. The law is by now well settled that the appeal is a continuation of the suit/case and there is no dispute that in the society a class of borrowers or drawers in taking shelter of this principles of law deliberately used to drag the appeal for an indefinite period in order to hang the......surrender their respective bail bond within 2 (two) months from date. Communicate this judgment at once. Ed. This Case is also Reported in: 29 BLD (HCD) (2009) 264. ......; 2 BLC (AD) 87; 26 BLD (AD) 172; 59 DLR (AD) 26; 17 BLD (AD) 35; 1 MLR (AD) 66; 48 DLR (AD) 6; 52 DLR 4; 52 DLR (AD) 122; 44 DLR (AD) 260; 10 BLD (AD) 190; 26 BLD (AD) 250; 2 BLC 49; 8 MLR 404. Lawyers Involved: Md. Belayet Hossain, Advocate-For the Petitioner (In Writ Petition No.3058 of..Category: Corporate Law | Date: 9 Feb, 2009 | Hits: 5
AJM Helal Vs. Bangladesh and others, 2009, 38 CLC (HCD)
.... section 138 of the Negotiable Instruments Act The appeal is a continuation of the suit/case and there is no dispute that in the society a class of borrowers or drawers in taking shelter of this principles of law deliberately used to drag the appeal for an indefinite period in order to hang the......rs are directed to surrender their respective bail bond within 2(two) months from date. Communicate this judgment at once. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 479. ...... 2 BLC (AD) 35; 1 MLR (AD) 66 = 48 DLR (AD) 6; 2 BLC 49; 52 DLR 4; 52 DLR (AD) 122; 44 DLR (AD) 260; 1990 BLD (AD) 190 = 42 DLR (AD) 219; 2006 BLD (AD) 250 = 59 DLR (AD) 68; MLR 404 = 56 DLR 31. Lawyers Involved: Md. Belayet Hossain, Advocate — For Petitioner (In Writ Petition No. 3058 o..Category: Civil Law | Date: 9 Feb, 2009 | Hits: 45
Sontosh Kumar Shaha Vs. Government of Bangladesh and others, 2009, 38 CLC (HCD)
....tioner did not prefer any Civil Petition for leave to appeal to the Appellate Division and the petitioner again filed the instant writ petition against the same cause which is not maintainable on the principle of res-judicata. It has been further asserted by the respondent No.2 that the General Admi......s judgment at their end. 72. However, there shall be no order as to costs. Ed. This Case is also Reported in: 29 BLD (HCD) (2009) 301. ......34 DLR (AD) 125; Moshtaque Ahmed Vs. Bangladesh, 34 DLR (AD) 222; Helaluddin Ahmed Vs. Bangladesh, 45 DLR (AD) 1; Mujibur Rahman (Md.) Vs. Government of Bangladesh, 44 DLR (AD) 111 Paragraph 77. Lawyers Involved: Moinul Hosein with Md. Shamim Ul-Alam, Hasan M. S. Azim and A. K. M. Zahirul ..Category: Administrative Law, Constitutional Law | Date: 5 Feb, 2009 | Hits: 2
Dr. Shipra Chaudhury and another Vs. Government of Bangladesh and others, 2009, 38 CLC (HCD)
.... consent. 26. Article 25 occurring in Part II (Fundamental Principles of State Policy) of the Constitution states, amongst others, that the state shall respect for international law and the principles enunciated in the United Nations Charter. 27. The framers of the Constitution w......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. ......es Referred to- H.M. Ershad Vs. Bangladesh, 2001 BLD (AD) 69; Apparel Export Promotion Council Vs. Chopra, AIR 1999 SC 625; Ms. Humaira Mehmood Vs. The State, PLD 1999 Lahore 494. Lawyers Involved: Sara Hossain-For the petitioners. Md. Ruhul Quddus with Md. Toufiq Inam-..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. ......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. ......to be void and illegal, a Court taking the case for pre-emption cannot ignore and deny the existence of Rent suit as well the title and status of the pre-emptor as claimed.....................(12) Lawyers Involved: Golam Rabbani, Advocate - For the Petitioner. Md. Osman Ghani for Md. ..Category: Property Law | Date: 15 Jan, 2009 | Hits: 38
....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.
......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.
......nt
December 18, 2008.
Result:
The Rule is made absolute without any order
as to cost.
Case Referred to
Prodip Kumar Chkraborty Vs. Jamila Khatun
Bibi, 51 DLR (AD) 156.
Lawyers
Involved:
MI
Farooque with Subrata Chowdhury and Ruhul Quddus, Advocates — For the ..
Category: Hindu Law | Date: 18 Dec, 2008 | Hits: 22
Nazimuddin (Md.) Chairman Vs. Government of Bangladesh, 2008, 37 CLC (HCD)
....thout giving prior notice to the respondent has also no substance. The process of sanction is an administrative act and is not subject to any judicial scrutiny." (Underlined by us). 21. The principle of law of the above case in respect of sanction can be well inferred in the present case, ...... and discussions as made above, we do not find any merit in this Rule which is accordingly, discharged without any order as to cost. This Case is also Reported in: 61 DLR (HCD) (2009) 81. ......an ……………………………… Accused-Petitioner Vs. Government of Bangladesh represented by the Secretary, Ministry of Law……………………………Responden..Category: Anti-Corruption Laws | Date: 4 Dec, 2008 | Hits: 149
MM Ali Ispahani Vs. MM Ispahani Ltd., 2008, 37 CLC (HCD)
....stances of that case the Indian Supreme Court deemed it necessary to qualify the beneficial aspect of such relationship as accrues to the transferee ‘cestui que trust’ by holding that the principle of equity as enunciated above cannot, however, extend to cases were the transferee has not...... 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. ......elhi; United Bank of India Vs. Naresh Kumar and others, AIR 1997 (SC), 3; Freeman Vs. Buckhurst Park Properties, [1964] 1 All E.R. 630; Tamizul Haque Vs. Shamsul Haque, 43 DLR (AD)(1991), 34. Lawyers Involved: Akhtar Imam, Senior Advocate with Ramzan Ali Sikder and Abdullah Mahmood Has..Category: Company Law | Date: 4 Dec, 2008 | Hits: 505
Abul Kashem (Md.) Vs. Government of Bangladesh and others, 2008, 37 CLC (HCD)
....ithout any order as to cost. The order of stay granted earlier by this Court is hereby vacated and recalled. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 249. ......ithout any order as to cost. The order of stay granted earlier by this Court is hereby vacated and recalled. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 249. ......e A statute has to be interpreted in its literal meaning after going through the entire provision itself when it is viewed in the context of a particular situation...................(15) Lawyers Involved: Md. Shafique Ahmed with Zaman Akter, Advocates — For the Petitions. (In a..Category: Others | Date: 27 Nov, 2008 | Hits: 4
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