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Zahida Ahmed (Liza) Vs. Syed Noor Uddin Ahmed and another, 2009, 38 CLC (HCD)

.... There is no order as to costs. Quamrul Islam Siddiqui J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 168,  29 BLD (HCD) (2009) 375, 14 MLR (HCD) (2009) 465. ......1.2009 contacted the respon­dents by telephone but they refused to let the child speak to the petitioner. The High Court of Justice, Family Division, in London on 26.1.2009 was pleased to pass an order mak­ing the detenu child a ward of the Court and further directing respondent No.1 to retu......ui J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 168,  29 BLD (HCD) (2009) 375, 14 MLR (HCD) (2009) 465. ......sdiction) Present: Syed Mahmud Hossain J Quamrul Islam Siddique J Zahida Ahmed (Liza)……………………………Petitioner Vs. Syed Noor Uddin Ahmed and another………………..

Category: Family Law, Women and Children | Date: 16 Mar, 2009 | Hits: 182

Aysha Begum Vs. State, 2009, 38 CLC (HCD)

....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. ......ustody of her mother is immaterial. She has no choice. Her mother's shelter is the best place for her safe custody and in such case no person or organisation is authorised to question validity of the order in this regard…………………………(13) Case Referred to- Mostafa Kamal ......erintendent of Police Narayanganj for their information and necessary action. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 493. ......n Ali J. - This single judgment will dispose of both Criminal Appeal No. 6945 of 2008 and Criminal Miscellaneous Case No. 13454 of 2008. 2. Criminal Appeal No. 6945 of 2008 has been preferred by one Aysha Begum challenging the legality of order dated 5-10-2008 passed in Nari-o-Shishu Case No. 5..

Category: Women and Children | Date: 12 Mar, 2009 | Hits: 23

Mohammad Mosharraf Hossain Vs. Golam Mohamad and another, 2009, 38 CLC (AD)

....cision and there is no illegality or infirmity in the above decision so as to call for any interference. The petition is dismissed. Ed. This Case is also Reported in: 19 BLT (AD) (2011) 239. ......Not represented-Respondent No.1. Criminal Petition for Leave to Appeal No.475 of 2008. Judgment Md. Tafazzul Islam J. - This petition for leave to appeal is directed against the judgment and order dated 21.7.2008 of the High Court Division passed in Criminal Miscellaneous Case No.3417 of 20...... to call for any interference. The petition is dismissed. Ed. This Case is also Reported in: 19 BLT (AD) (2011) 239. ......ision (Civil) Present: MM Ruhul Amin CJ Mohammad Fazlul Karim J Md. Tafazzul Islam J Md. Joynul Abedin J Md. Abdul Matin J Mohammad Mosharraf Hossain…………………Petitioner (On bail) Vs. Golam Mohamad and another……………………Respondents Judgment ..

Category: Banking Law | Date: 26 Feb, 2009 | Hits: 150

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 ......nha J.— A nice and subtle law point is involved in this rule which is whether, an appeal is maintainable under Section 41 of the Artha Rin Ain, 2003 before the learned District Judge against an order of the Artha Rin Adalat in an execution proceeding by an aggrieved person who is neither the d......e learned Additional District Judge is set aside. Ed. This Case is also Reported in: 21 BLT (HCD) (2013) 16 ......lso Reported in: 21 BLT (HCD) (2013) 16 ..

Category: Civil Law, Procedural Law | Date: 18 Feb, 2009 | Hits: 1

Fahima Nasrin Vs. Government of Bangladesh and others, 2009, 38 CLC (HCD)

....w of the fact that the matter involves a child, we wish to remind all concerned that section 17 of the Children Act, 1974 provides that the picture, name and identity of a child offender shall not be published in the media and any such publication would be an offence under the said Act. Hence, the p......t, Kushtia. At the conclusion of the trial, the learned Judge came to a finding that an offence under section 302 of the Penal Code was proved beyond doubt and, in view of his youth, by Judgement and order dated 14.08.2006, Rony was sentenced in accordance with the provisions of sections 51 and 52 o......itted 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. ......preme Court High Court Division (Special Original Jurisdiction) Present: Md. Imman Ali J Sheikh Abdul Awal J Fahima Nasrin, daughter of Abul Hashem Mia........................Petitioner Vs. Government of Bangladesh and others..........................Respondents Judgmen..

Category: Women and Children | Date: 11 Feb, 2009 | Hits: 189

A. J. M. Helal & others Vs. Bangladesh and others, 2009, 38 CLC (HCD)

....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.   ......In all these Rules the respondents were called upon to show cause as to why the sec­tion 138A of the Negotiable Instrument (amendment) Act, 2006 putting an embargo in filing of appeal against the order of conviction and sentence under sub-section (1) of section 138 of the Negotiable Instrument A...... from date. Communicate this judgment at once. Ed. This Case is also Reported in:  29 BLD (HCD) (2009) 264.   ...... A. J. M. Helal…………………………………………………………Petitioner Vs. Bangladesh and others…………………&hel..

Category: Corporate Law | Date: 9 Feb, 2009 | Hits: 5

AJM Helal Vs. Bangladesh and others, 2009, 38 CLC (HCD)

....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. ......M Helal…………....................Petitioner Vs. Bangladesh and others.........Respondents Judgment February 9, 2009. Result: These Rules are discharged without any order as to costs. Reasons behind amendment of section 138 of the Negotiable Instruments Act......thin 2(two) months from date. Communicate this judgment at once. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 479. ......09) 479. ..

Category: Civil Law | Date: 9 Feb, 2009 | Hits: 45

Sontosh Kumar Shaha Vs. Government of Bangladesh and others, 2009, 38 CLC (HCD)

....d not be posted as Joint District Judge (Previ­ously Subordinate Judge) by maintaining sen­iority as per Panel of the year 2000, SI. No.37 of the promotion list dated 14.3.2000 (Annexure C-2) published in the official gazette, by implementing the order of withdrawal of sus­pension of the......y Subordinate Judge) by maintaining sen­iority as per Panel of the year 2000, SI. No.37 of the promotion list dated 14.3.2000 (Annexure C-2) published in the official gazette, by implementing the order of withdrawal of sus­pension of the petitioner dated 26.4.2003 (Annexure-J) along with Mem......no order as to costs. Ed. This Case is also Reported in: 29 BLD (HCD) (2009) 301.         ......an J S. M. Emdadul Hoque Chowdhury J Sontosh Kumar Shaha…………………………………………Petitioner Vs. Government of Bangladesh and others……………&helli..

Category: Administrative Law, Constitutional Law | Date: 5 Feb, 2009 | Hits: 2

Subrata Majumder @ Liton Vs. State, 2009, 38 CLC (HCD)

....hishu Nirjatan Daman Tribunal, Bagerhat who however is at liberty to cancel his bail if the privilege of bail is misused by him in future. Ed. This Case is also Reported in: 16 BLC (2011) 828. ......te—For the Appellant. Zahirul Haque Zahir, Deputy Attorney-General—For the State. Criminal Appeal No. 3921 of 2008. Judgment AKM Fazlur Rahman J. - This appeal is directed against the order dated 13-5-2008 passed by the Nari-o-Shishu Nirjatan Daman Tribunal, Bagerhat (hereinafter cal.....................Opposite-party Judgment February 5, 2009. Lawyers Involved: AU Ahmed, Advocate—For the Appellant. Zahirul Haque Zahir, Deputy Attorney-General—For the State. Criminal Appeal No. 3921 of 2008. Judgment AKM Fazlur Rahman J. - This appeal is directed against ...... bail, which was rejected by the Tribunal. Against that order the appellant preferred this appeal. 3. Mr. AU Ahmed, the learned Advocate appearing on behalf of the appellant submits that the petitioner was not named in the FIR. He has been included in the charge-sheet as one of the accused only t..

Category: Women and Children | Date: 5 Feb, 2009 | Hits: 127

Abdul Latif Howlader and others Government of Bangladesh and others, 2009, 38 CLC (HCD)

....e being vacant posts of similar scale available. Let a copy of this judgment and order be transmitted at once. Ed. This Case is also Reported in: 29 BLD (HCD) (2009) 280.   ...... and others, 12 BLC (AD) 163. The learned D.A.G. submits that there are admittedly vacant posts, but the petitioners must qualify in their individual capacity upon fulfilling the required criteria in order to be employed in those posts. He submits that the Bangladesh Forest Research In­stitute, ......a copy of this judgment and order be transmitted at once. Ed. This Case is also Reported in: 29 BLD (HCD) (2009) 280.   ...... J Md. Ashfaqul Islam J Abdul Latif Howlader and others…………………………………………Petitioners Vs. Government of Bangladesh, represented by The Secretary, Ministry of Forrest and ..

Category: Administrative Law, Employment/Service Law | Date: 21 Jan, 2009 | Hits: 1

Dr. Shipra Chaudhury and another Vs. Government of Bangladesh and others, 2009, 38 CLC (HCD)

....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.   ......ate appearing on behalf of respondent No.1 to 3, submitted that respondent Nos.1-3 had taken steps for filing a 'Leave Petition' before the Appellate Division of the Supreme Court against the order directing them to produce the detenu before this Court. On 26.11.2008, the learned Advocate fo...... as to costs. I Agree Quamrul Islam Siddiqui J. Ed. This Case is also Reported in: 29 BLD (HCD) (2009) 183.   ...... (Special Original Jurisdiction) Present: Syed Mahmud Hossain J Quamrul Is­lam Siddiqui J Dr. Shipra Chaudhury and another………………Petitioners Vs. Government of Bangladesh and others…………Respondents ..

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. ......hers…………………..Opposite Parties Judgment January 15, 2009. Result: The rule is discharged. In a pre-emption case there is no scope to consider the title of either party. In order to deter­mine the title, the party concerned is required to file a suit for declaration of ti......n the LC records. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 220. ......4 DLR (HCD) (2012) 220. ..

Category: Property Law | Date: 15 Jan, 2009 | Hits: 38

Gour Netai Sri Sri Modan Mohan Das Bigraha Vs. Jahanara Islam Chowdhury and others, 2008, 37 CLC (HCD)

....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. ......…………… Petitioner Vs. Jahanara Islam Chowdhury and others………...Opposite Parties Judgment 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 DL......ioner. TH Khan with Mahbubur Rahman and Md. Ahasan, Advocates — For the Opposite Parties. Civil Revision No. 2022 of 2008. Judgment Md. Abdur Rashid J. - This Rule was obtained on behalf of the above deity upon making a revision application under section 115(1) of the Co...... ..

Category: Hindu Law | Date: 18 Dec, 2008 | Hits: 22

James Finaly Pic. Chittagong Vs. Government of Bangladesh and others, 2008, 37 CLC (AD)

....the submissions of the learned Advocate for the appellant. Accordingly, the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 19 BLC (AD) (2013) 79. ......r Respondent No.2. Osman Gani, Deputy Attorney-General instructed by Md. Sajjadul Huq, Advocate-on-Record—For Respondent No.1. Civil Appeal No.202 of 2001. (From the judgment and order dated the 24th day of February, 1997 passed by the High Court Division in Writ Petition No.259......ppeal is allowed without any order as to costs. Ed. This Case is also Reported in: 19 BLC (AD) (2013) 79. ......der dated 24-2-1997 of the High Court Division and for appropriate direc­tions. 6. Mr. Habibul Islam Bhuiyan, learned Counsel, appearing for the respondent No.2 submitted that the writ-petitioner having claimed no relief against Chittagong Port Authorities, the High Court Division Was justi..

Category: Civil Law | Date: 17 Dec, 2008 | Hits: 7

Nazimuddin (Md.) Chairman Vs. Government of Bangladesh, 2008, 37 CLC (HCD)

.... 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. ......try of Law……………………………Respondents Judgment December 4, 2008. Result: The Rule is discharged without any order as to cost. The Anti Corruption Commission Act, 2004 (Act No. V of 2004); Section 32 (1) ......n this Rule which is accordingly, discharged without any order as to cost. This Case is also Reported in: 61 DLR (HCD) (2009) 81. ...... Present: Md. Imman Ali J Md. Ashfaqul Islam J Nazimuddin (Md.) Chairman ……………………………… Accused-Petitioner Vs. Government of Bangladesh represented by the Secretary, Ministry of Law…&he..

Category: Anti-Corruption Laws | Date: 4 Dec, 2008 | Hits: 149

MM Ali Ispahani Vs. MM Ispahani Ltd., 2008, 37 CLC (HCD)

.... 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. ...... of the rectification of the share register with the Respondent No. 7 Registrar, Joint Stock Companies and Firms, within 15 days from the date of the issuance of a certified copy of this judgment and order. It is further directed that the Respondent No.1 Company takes care for the names of the Petit...... 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. ...... Syed Refaat Ahmed J MM Ali Ispahani, son of Late Mirza Mahmood Ispahani, resident of Flat No.4 Mansion, Ispahani Colony Maghbazar, P.S. Ramna, Dhaka and others….................... Petitioners. Vs. MM Ispahani Ltd., 14-15 Motijheel Commercial Area, P.S. Motijheel, Dhaka and ot..

Category: Company Law | Date: 4 Dec, 2008 | Hits: 505

Dewan Joynal Abedin Vs. Husen Ahmed Khan and others, 2008, 37 CLC (HCD)

.... maintainable. I find no merit in this Rule. In the result, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 139. ......¦â€¦â€¦â€¦â€¦â€¦â€¦ Petitioner Vs. Husen Ahmed Khan and others……………… Opposite Parties Judgment December 2, 2008. Result: The Rule is discharged without any order as to costs. The Code of Civil Procedure, 1908 (Act No. V of 1908); Order XLI, ......o costs. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 139. ...... ..

Category: Property Law | Date: 2 Dec, 2008 | Hits: 7

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.  ......y the Secretary, Ministry of Local Government and Co-operatives and others………………Respondents Judgment November 27, 2008. Result: The Rules are discharged without any order as to cost. Interpretation of statute A statute has to be interpreted in its literal......r by this Court is hereby vacated and recalled. Ed. This Case is also Reported in:  61 DLR (HCD) (2009) 249.  ...... Supreme Court High Court Division (Special Original Jurisdiction) Present: Md. Imman Ali J Md. Ashfaqul Islam J Abul Kashem (Md.)……………………Petitioner Vs. Government of Bangladesh represented by the Secretary, Ministry of Local Governm..

Category: Others | Date: 27 Nov, 2008 | Hits: 4

Kamal Hossain (Md.) alias Md. Kamal Pramanik Vs. State, 2008, 37 CLC (HCD)

....he LC records along with a copy of this judgment to the Tribunal concerned immediately for information and necessary action. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 505. ......minal Appeal No. 2970 of 2006. Judgment Md. Arayesuddin J. - Convict-appellant Md. Kamal Hossain alias Md. Kamal Pramanik has preferred this criminal appeal against the judgment and order, dated 3-5-2006, passed by the learned Nari-o- Shishu Nirjatan Daman Tribunal, Natore, in Nar......l concerned immediately for information and necessary action. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 505. ......ecame pregnant. Then the appellant requested the victim girl to make abortion which was refused. Thereafter appellant and his father took recourse of administering herbal medicine to the victim and one day both the father and son went to the house of the informant with some sweets. Within the sw..

Category: Women and Children | Date: 23 Nov, 2008 | Hits: 7

Mosammat Kazi Shamsunnahar Vs. Md. Ramjan Molla and others, 2008, 37 CLC (HCD)

....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. ....... Sheikh Muhd. Serajul Islam- For the Op­posite Parties. Civil Revision No. 5848 of 2002. Judgment Md. Mizanur Rahman Bhuiyan J.-This rule is directed against the judgment and order dated 28.08.2002 passed by the learned Joint District Judge, 1st Court, Munshiganj, in Miscell...... 20, 2008. Result: The Rule is discharged. Cases Referred to- Birendra Nath Kar Vs. Abdul Mannan 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, Je......l Revisional Jurisdiction) Present: Md. Mizanur Rahman Bhuiyan J Mosammat Kazi Shamsunnahar……………………………Petitioner Vs. Md. Ramjan Molla and others………………&helli..

Category: Property Law | Date: 20 Nov, 2008 | Hits: 2