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Md. Chand Miah and others Vs. Md. Ibrahim and others, 2006, 35 CLC (HCD)

....posite party Nos.6-14. Civil Revision No.3257 of 2001. Judgment Syed Mohammad Ziaul Karim J.- This Rule was issued calling upon opposite party Nos.1-5 to show cause as to why the Order dated 09-05-2001 passed by the learned Subordinate Judge, Third Court, Dhaka in Title Suit No.138 of......ficulties in comparing her LTI's with the LTI's of the register. He adds that the learned Subordinate Judge without considering the same committed an error of law resulting in an error in the decision occasioning failure of justice. 9. No one appears on behalf of opposite party Nos.1 -5..

Category: Evidence Law | Date: 8 Aug, 2006 | Hits: 25

Mst. Kabita Khatun Vs. Md. Tarikul Islam (minor) and others, 2006, 35 CLC (HCD)

....hman Miah, Advocate-For the Opposite Party. Civil Revision No.794 of 2003. Judgment Md. Abdul Matin J.-In this rule at the instance of the defendant-petitioner the judgment and decree dated 26.10.2002 passed by Additional District Judge, Magura in Title Appeal No.09 of 200 allowing t......mpugned judgment and decree are set aside and this those of the trial Court are confirmed there shall be no order as to costs. Ed. This Case is also Reported in: 27 BLD (HCD) (2007) 225. ..

Category: Women and Children | Date: 7 Aug, 2006 | Hits: 127

R.K. Jute Mills Ltd. Vs. Government of Bangladesh and others, 2006, 35 CLC (HCD)

....eral-For the Respondents. Writ Petition No.1681 of 1995. Judgment Syed Amirul Islam J.-This Rule was is­sued calling upon the respondents to show cause as to why the demand notice dated 02.11.88 on the petitioner for Tk. 40,77,953.00 as excise and Regulatory duty (Annexure-E) and....... The Rule is discharged without any order as to costs. The order of stay granted earlier by this Court is hereby vacated. Ed. This Case is also Reported in: 26 BLD (HCD) (2007) 579. ..

Category: Business or Commercial Law | Date: 3 Aug, 2006 | Hits: 5

Nani Gopal Hazra Vs. Sree Nagendar Nath Roy and others, 2006, 35 CLC (HCD)

....994. Judgment Siddiqur Rahman Miah J.-This appeal at the instance of petitioner, Nani Gopal Hazra, under section 229 of the Succession Act of 1925 is directed against the judgment and order dated 29.09.1988 passed by the learned District Judge, Rajshahi, in Misc. Case No.188 of 1982 dismis......to Hindu Law and that if the will offends against the Hindu law of inheritance and succession, no probate can be granted as it will be repugnant and void. 43. This view also finds support from a decision of the privy council in the case of Sapher and another Vs. Administrator Gen­eral of Be..

Category: Hindu Law, Property Law | Date: 19 Jul, 2006 | Hits: 15

Nirmalandu Nath Majumder Vs. State, 2006, 35 CLC (HCD)

....t Attorney-General-For the Oppo­site Party. Civil Revision No.3521 of 2003. Judgment Zinat Ara J.-This Civil Revision is about the legality and propriety of the judgment and decree dated 24.5.2003 passed by the Addi­tional District Judge, Netrokona in Other Class Appeal No.256......oes not entitle the plaintiff to get a decree………………………….(9 & 10) The appellate court is the final court of facts and the decision on question of facts by the appellate court can not be interfered with by the High Court Di..

Category: Procedural Law | Date: 2 Jul, 2006 | Hits: 3

Syed Jasimuddin and others Vs. Moulana Abu Musa Siddique & others, 2006, 35 CLC (HCD)

.... Civil Revision No. 5241 of 2002. Judgment Moyeenul Islam Chowdhury J. - This Rule was issued calling upon the opposite parties to show cause as to why the impugned judgment and decree dated 31-7-2002 passed by the Senior Assistant Judge and SCC Judge, Raozan Chittagong in SCC Suit No......1997, that is to say, on the very date of issuance of the notices under section 106 of the Transfer of Property Act. In support of this submission, Mr. ASM Kamal Amroohi Chowdhury has referred to the decisions in the cases of Begum Fazilatunnessa Vs. Nowshad Ali reported in 29 DLR 314. Abdus Sattar ..

Category: Civil Law | Date: 2 Jul, 2006 | Hits: 4

Abdul Mannan Khan (Md.) Vs. Bangladesh and others, 2006, 35 CLC (HCD)

..... Being aggrieved by the aforesaid judg­ment and order the respondent No.4 preferred Criminal Appeal No.1132 of 1993 before the High Court Division. The High Court Division by the judgment and order dated 24-8-2000 dismissed the aforesaid criminal appeal and reduced the sentence of 7 years simple i...... prefer to suffer imprisonment for a fixed term in lieu of payment of the fine and, as such, the fine must be realised from him in all normal circum­stances. In this context, Mr. Haque refers to the decisions of the cases of Ali Hossain Vs. State reported in 52 DLR 282 and Rowshan Ali Vs. State rep..

Category: Criminal Law | Date: 25 May, 2006 | Hits: 43

Md. Didarul Hasan Vs. State, 2006, 35 CLC (HCD)

....in, 2000 there is no scope for granting anticipatory bail. In the result, this rule is made absolute with this observation. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 65. ......t the accused petitioner misuse the privilege of bail, in that case the learned Chief Metropolitan Magistrate shall be at liberty to cancel the bail of the accused petitioner. Before parting with the decision we must make it clear that in any case under Nari-O-Shishu Nirjatan Daman Ain, 2000 which b..

Category: Women and Children | Date: 25 May, 2006 | Hits: 26

Mostafa Kamal Vs. State, 2006, 35 CLC (HCD)

....cial Development Effort (ISDE) an NGO and General Secretary of Jatiya Mahila Ainjibi Parishad is the appellant in Criminal Appeal No.3726 of 2005 and both the appeals are directed against order No.15 dated 2.7.2005 passed by Nari-O-Shishu Nirjatan Daman Tribunal No.2, Chittagong in Nari-O-Shishu Cas......that in case the victim is unwilling to go with her mother she would stay in safe custody of Mohila-O-Shishu Kishori Nirapad Abason, Farhadabad, Hathajari, Chittagong until further order relying upon decision of the Appellate Division in the case of Khairunnessa Vs. Illy Begum reported in 48 DLR (AD..

Category: Women and Children | Date: 10 May, 2006 | Hits: 6

National Securities and Consultant Ltd. Vs. Chairman, Securities and Exchange Commission, 2006, 35 CLC (HCD)

.... enquiry under Section 21 of the Securities and Exchange Ordinance, 1969 and the Enquiry Report submitted on 31.10.2000 (Annexure-H) by the Enquiry Committee formed by the respondent vide his order dated 27.06.2000 against the petitioner and its former Directors M/s. Khan Mohammed Ekramullah, Sy......ose intendment and the relevant provisions of the Securities and Exchange Ordi­nance, 1969, Securities and Exchange Com­mission Act, 1993 and the Rules and Regula­tions framed thereunder. In the decision of the case of Shinepukur Holdings Ltd. Vs. Secu­rity Exchange Commission reported in 50 ..

Category: Business or Commercial Law | Date: 9 May, 2006 | Hits: 6

Hasmot Ali and others Vs. Chairman, 3rd Labour Court, Dhaka and others, 2006, 35 CLC (HCD)

.... Judgment Md. Muzammel Hossain J.- Rules in Writ Petition Nos.1405 to 1410 of 2004, 1696-1697 & 1699-1700 of 2004, 1695 and 1698 of 2004 have arisen out of a single judgment and decision dated 3.03.2004 passed by the Chairman, 3rd Labour Court, Dhaka in I.R.O. Case Nos.23 of 2001, 24 o...... 2004. Judgment Md. Muzammel Hossain J.- Rules in Writ Petition Nos.1405 to 1410 of 2004, 1696-1697 & 1699-1700 of 2004, 1695 and 1698 of 2004 have arisen out of a single judgment and decision dated 3.03.2004 passed by the Chairman, 3rd Labour Court, Dhaka in I.R.O. Case Nos.23 of 2..

Category: Labour and Industrial Law | Date: 27 Apr, 2006 | Hits: 9

Bangladesh Legal Aid and Services Trust (BLAST) Vs. State and four others, 2006, 35 CLC (HCD)

....t the list of defaulter Members of the Parliament of the 5th Parliament and 7th Parliament mentioning the year wise arrear amount due from each of the defaulter Members within 4 (four) weeks from the date of receipt of this notice. The Rule is made returnable within 6(six) weeks from date.” ......nt. In the result, the Rule is made absolute but without any orders as to cost. Ed. This Case is also Reported in: 60 DLR (2008) 176; 16 BLT (HCD)(2008) 40; 13 MLR (HCD) (2008) 233. ..

Category: Constitutional Law | Date: 27 Apr, 2006 | Hits: 131

Md. Zulfikar Mahmud Vs. National University and others, 2006, 35 CLC (HCD)

.... Judgment ATM Fazle Kabir J.- This Rule Nisi was issued at the instance of sole petitioner Md. Zulfikar Mahmud calling upon the re­spondents to show cause as to why the order of suspension dated 10.06.2004 as in Annexure-A and the notice dated 21.03.2005 to show cause as in Annexure- '......ed by the Registrar-in-charge of the National University who is not the competent authority as such the im­pugned orders so passed by him are without jurisdiction. The learned Advocate referred a decision in the case of Registrar, Supreme Court of Bangladesh Vs. Md. Sofiuddin and another reporte..

Category: Employment/Service Law | Date: 18 Apr, 2006 | Hits: 2

Rabya Khatun Vs. State and another, 2006, 35 CLC (HCD)

....5. Judgment S.K. Sinha J.-Convict Rabiya Khatun preferred this appeal under section 420 of the Code of Criminal Procedure, briefly, the Code, from the judgment and order of convic­tion dated 15.1.2005 of the Metropolitan Ad­ditional Sessions Judge, 4th Court, Dhaka in Metropolitan......n Additional Sessions Judge no­ticed that the prosecution did not examine the seizure list witnesses and also did not produce the alamats in Court, he convicted, the appel­lant relying on the decision in Abdur Razzaque Talukder Vs. The State, 51 DLR 83, wherein it has been held that if the e..

Category: Criminal Law | Date: 18 Apr, 2006 | Hits: 10

Hazi Afsar Uddin Mina and others Vs. Alhaj Sk. Sultan Ali and others, 2006, 35 CLC (HCD)

....posite parties in the Civil Revision Petition laid under section 115 of the Code of Civil Procedure (For short The Code). 2. By this Civil Revision Petition an exception has been taken to an order dated November 9, 1987 handed down by learned Assistant Judge, Bagerhat Sadar in the above stated su...... report compliance of the order of this Court to Registrar of Supreme Court of Bangladesh immediately after the disposal of the Suit. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 303. ..

Category: Procedural Law | Date: 18 Apr, 2006 | Hits: 29

Delwar Hossain Vs. State and others, 2006, 35 CLC (HCD)

....ate. Md. Quayyum Chowdhury, Advocate - For the Respondent Nos.2, 3, & 4. Criminal Appeal No.4654 of 2005. Judgment Md. Abdul Hye J.- This appeal is directed against the order dated 05.10.2005 passed by Nari-O-Shihu Nirjatan Daman Tribunal No.2, Dhaka in Nari-O-Shishu Case No......e basis of the materials on record and in accordance with law. Stay order passed earlier be recalled. Observations made above will not stand as bar in the way of learned Court below to take decision freely and fairly in accordance with law upon materials on record. Ed. This Case ..

Category: Women and Children | Date: 17 Apr, 2006 | Hits: 24

Ershadul Vs. State, 2006, 35 CLC (HCD)

....inul Islam, (Sanu) Deputy Attorney-General-For the Respondent. Criminal Appeal No.3643 of 2005. Judgment Salma Masud Chowdhury J.-This ap­peal arises against the judgment and order dated 27.7.2005 passed by the Special Tribu­nal Judge No.1, Kurigram in Special Tribunal Case No......ith any other case. Send down the lower courts records along with a copy of the judgment and order to the court concerned. Ed. This Case is also Reported in: 26 BLD (HCD) (2007) 490. ..

Category: Criminal Law | Date: 6 Apr, 2006 | Hits: 5

Government of Bangladesh Vs. Kalimuddin Pramanic and others, 2006, 35 CLC (HCD)

....nt Syed Mahmud Hossain J.-This Rule was issued on an application for revision filed by defendant No.1. under section 115 (1) of the Code of Civil Procedure (the Code) against judgment and decree dated 21.4.1990 passed by the learned Additional District Judge, 1st Court, Bogra in Other Class (O.......t plot Nos.794 and 2546/2583 to anybody. No order as to costs. Send down the L.C. record with a copy of the judgment. Ed. This Case is also Reported in: 29 BLD (HCD) (2009) 131. ..

Category: Property Law, Tenancy Law | Date: 28 Mar, 2006 | Hits: 4

Ms. Ok Kyung Oh Vs. State, 2006, 35 CLC (HCD)

....Respondent Nos. 2 & 3.  Criminal Appeal No.1756 of 2005. Judgment Md. Abdul Hye J.- This Criminal appeal at the instance of complainant Ms. OK Kyung Oh is directed against the order dated 20.3.2005 passed by the learned Nari-O-Shishu Nirjatan Daman Tribunal Gazipur, in Nari-O-Shish......ng the complaint petition without holding trial and as such the impugned order is liable to be set aside and the appeal should be allowed. In this connection the learned Advocate has referred to some decisions reported in AIR 1928 Pama 359, 18 DLR (1966) page 295 and Pakistan Criminal Law Journal, L..

Category: Women and Children | Date: 22 Mar, 2006 | Hits: 84

Kishore Kumar Dutta Vs. State, 2006, 35 CLC (HCD)

....rsons Bhupal Chandra Dutta, Binoy Dutta, Pronoy Dutta and Bijoya Dutta not guilty of charge staged against them and pronounced a verdict of acquittal upon them. Judgment of conviction and sentence is dated 6.3.2004. 20. Judgment of conviction and sentence now stands out to be the subject matter......ch is a sentence prescribed for offence of attempt to cause injury under part II of section 11(Kha) of The Ain of 2000. Tribunal misdirected itself in its approach and committed a patent error in the decision. Judgment of conviction and sentence having suffered from legal infirmity got no leg to sta..

Category: Women and Children | Date: 20 Feb, 2006 | Hits: 127