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Adilur Rahman Khan Vs. Bangladesh, 2008, 37 CLC (HCD)
....hority and are of no legal effect. We are grateful to the members of the bar who have actively assisted us. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 3; 16 BLC (HCD) (2011) 100. ......al Original Jurisdiction) Present: Mir Hashmat Ali J Shamim Hasnain J Adilur Rahman Khan, son of Dr. Ashequr Rahman Khan, House No.35 (Ground Floor), Road No.117, Gulshan, Dhaka-1212 and others………………….Petitioners Vs. Bangladesh, Represented by the Secretary, Pres......ory for each state to take, to the highest extent possible within its domestic legal system, such measures as may be necessary to enable confiscation of proceeds of crime derived from offences or the property the value of which corresponds to that of such proceeds. 9. Further case of the petition......fied UN Convention against Corruption and that the impugned Ordinance has contravened obligations of Bangladesh under UN Convention, in particular Article 30 and 31 of the convention for prosecution, adjudication, sanction, freezing, seizure and confiscation. Whereas Article 30(2) of the U.N. Conven..Category: Constitutional Law | Date: | Hits: 264
Babul Vs. State, 2002, 31 CLC (HCD)
....esses in seizure list. Out of four seizure list witnesses only PW 2 had been placed by prosecution in witness box in support of case of recovery and seizure of weapons of offence and PW 2 had given a complete go-bye to prosecution case. Of course, he had been declared as hostile and cross-examined b......diction) Present: AK Badrul Huq J Babul..............................Appellant Vs. State..............................Respondent Judgment August 14, 2002. Results: Appeal stands allowed. Case Referred to- Kanta Proshad Vs. State, AIR 1961 Allahabad 438. Lawyers I......convict-appellant does not appear to have carried marks of true dispensation of justice and decision reached by Petitioner Special Tribunal does not seem to have been rested on correct approach and proper assessment of evidences, materials and circumstances brought on record. 41. The inevitable......and he is acquitted of the same and set at liberty at once if not wanted in any other case. Lower Court's Records be sent down at once. Ed. This Case is also Reported in: 57 DLR (2005) 158. ..Category: Criminal Law | Date: | Hits: 84
Abdul Quddus Vs. Syed Moinul Ahsan Sajjad, 2010, 39 CLC (HCD)
....ipt of this order. Office is directed to communicate the order at once. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 1, 15 BLC (HCD) (2010) 321, 16 BLC (HCD) (2011) 166. .....................Opposite party Judgment February 7, 2010. Result: The Rule is disposed of. Lawyers Involved: Mrs. Fauzia Karim Firoze, Advocate with Mr. Md. Tashaddak Hasan, Advocate and Mr. Khandaker Aminul Haque, Advocate − For the petitioner. Mr. Yusuf HossainHumayun, Advoca......y since 05-04-2009, children are in custody to the plaintiff and there is no allegation against their welfare. It is true that in Muslim Law father if alive is the natural guardian of the persons and property of his minor child. He does not require an order of the Court to support his right to act a......ipt of this order. Office is directed to communicate the order at once. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 1, 15 BLC (HCD) (2010) 321, 16 BLC (HCD) (2011) 166. ..Category: Family Law | Date: | Hits: 171
Category: Civil Law | Date: | Hits: 92
Category: Fiscal/Taxation Law | Date: | Hits: 138
Animal Protection Society Chittagong Vs. Laxman Chadra Das & others, 2003, 32 CLC (HCD)
....t abundantly clear that no suit or application challenging any order passed or any action taken in the acquisition proceeding under the Ordinance would be maintainable. In this respect, the ouster is complete. But such provision of ouster cannot be read to say that general jurisdiction of a Civil Co..............Respondents Judgment October 22, 2003. Result: The appeal is allowed. Lawyers Involved: Subrata Chowdhury, Advocate ‑ For the Appellant. Mahbubay Alam with AM Aminuddin and Samarendra Nath Biswas, Advocates ‑ For Respondent No. 1. Firojur Rohman, Assistant Attorne......sition was not for a public purpose. 14. Close reading of the Ordinance makes it clear that section 7 of the Ordinance Empowers the Deputy Commissioner to make an award of the compensation for the property acquired and/or apportionment of said compensation among all the persons known or believed ......he deposit account of the Public Account of the Republic as provided under section 10(2) of the Ordinance. Send down the record at once. Ed. This Case is also Reported in: 56 DLR (2004) 522. ..Category: Property Law | Date: | Hits: 61
Abdur Rashid Chowdhury Vs. CA Hamid and Co. Ltd. and others, 2005, 34 CLC (HCD)
....he register of members of the company. Respondent No.2, Registrar, is directed to rectify the share register of the company, accordingly. Ed. This Case is also Reported in: 57 DLR (2005) 148. ......(2005) 148. ......nd did not bind the company, and had not the effect of getting rid of the resolutions previously passed by the board. Under these circumstances I come to the conclusion that the applicants were never properly put on the list of members, and were entitled to have their names removed." In re Sly, S......he register of members of the company. Respondent No.2, Registrar, is directed to rectify the share register of the company, accordingly. Ed. This Case is also Reported in: 57 DLR (2005) 148. ..Category: Company Law | Date: | Hits: 232
Rafiqul Alam (Md.) MD Dhaka Mercantile Co‑operative Bank Ltd. Vs. State, 2004, 33 CLC (HCD)
.... is hereby quashed. The petitioner is discharged from the bail bond. The order of stay granted earlier by this court is hereby vacated. Ed. This Case is also Reported in: 57 DLR (2005) 145. ......rst information report with the Gulshan Police Station against the petitioner alleging, inter alia, that on 16-2‑2002 he had misappropriated Taka 1,80,000, that during the period between 2‑9‑96 and 5‑6‑2000 he had misappropriated Taka 6,51,015 by withdrawing from the bank and that a portio......kes any payment in violation of the Act or Rules or that the Society has sustained loss by reason of his act or fails to record in the cash book any amount or misappropriates any money or retains any property of the society, the Registrar shall hold an enquiry in that regard. Clause (N) is relevant ...... is hereby quashed. The petitioner is discharged from the bail bond. The order of stay granted earlier by this court is hereby vacated. Ed. This Case is also Reported in: 57 DLR (2005) 145. ..Category: Criminal Law | Date: | Hits: 89
Safiqur Rahman (Md.) and others Vs. Ambia Khatoon and others, 2004, 33 CLC (HCD)
.... Case No.5 of 1998 as passed at the time of the issuance of the Rule for a period of 3(three) months and subsequently extended is vacated. Ed. This Case is also Reported in: 57 DLR (2005) 143. ...... This Case is also Reported in: 57 DLR (2005) 143. ......, Noakhali in Miscellaneous Case No.39 of 2001 arising out of Miscellaneous Case No.5 of 1998 should not be set aside or such order or further order or orders passed as to this Court may seem fit and proper. 2. The opposite parties Nos.1‑7 as pre‑emptors instituted Miscellaneous Case No.5 of ...... Case No.5 of 1998 as passed at the time of the issuance of the Rule for a period of 3(three) months and subsequently extended is vacated. Ed. This Case is also Reported in: 57 DLR (2005) 143. ..Category: Property Law | Date: | Hits: 52
SMA Matin Sarker Vs. Bangladesh Jute Mills Association and another, 2004, 33 CLC (HCD)
....judgment be sent to the Secretary, Ministry of Law, for his perusal and necessary action and the Secretary, Law Reforms Commission, Dhaka. Ed. This Case is also Reported in: 57 DLR (2005) 128. ......Court High Court Division (Original Civil Jurisdiction) Present: Syed Amirul Islam J SMA Matin Sarker.............................Petitioner Vs. Bangladesh Jute Mills Association and another...................Respondents Judgment March 28, 2004. Results: The applicat......an Nair, 40 Mad 302 (303); Varjivandas Vs. Maganlal, AIR 193 7 Bom 382. 21. It has been held that an uncertain sum cannot be included in the word 'debt'. Thus, an uncertain right in an ascertained property cannot be the subject of assignment. But a claim for rent to fall due in future is an actio......judgment be sent to the Secretary, Ministry of Law, for his perusal and necessary action and the Secretary, Law Reforms Commission, Dhaka. Ed. This Case is also Reported in: 57 DLR (2005) 128. ..Category: Employment/Service Law | Date: | Hits: 144
Category: Fiscal/Taxation Law | Date: | Hits: 140
Lalit Kumar Roy and 2 others Vs. Krishnapada Biswas & others, 2002, 31 CLC (HCD)
....as of the following view: "For the reasons we have given we think the logical consequence of the doctrine of surrender, which means a self-effacement of the widow and amounts to a civil death and complete extinguishment of the title of the widow in her husband's estate, is that all prior alienat......This Case is also Reported in: 57 DLR (2005) 80. ......re or incidents of widow's estate and/or the rights and obligations of such widow are now well settled. A Hindu widow or a limited heir like her is not a tenant-for-life. She becomes the owner of the property left by her husband, by way of inheritance. Her rights to the estate are absolute but only ......held. Order of status quo as granted at the time of issue of the Rule on 16-8-99 is recalled and vacated. Send down the records at once. Ed. This Case is also Reported in: 57 DLR (2005) 80. ..Category: Property Law | Date: | Hits: 64
Category: Fiscal/Taxation Law | Date: | Hits: 122
Abdur Razzaque (Md) Vs. State, 2003, 32 CLC (HCD)
....ted on the question of rape. Mazeda clearly stated in her evidence that she put up strong resistance to the accused and struggled all the while. We find no evidence on record to find that the accused completely overpowered her by physical assaults or instant threat of life to neutralize her power of......zaque (Md).....Appellant Vs. State……………………………Respondent Judgment November 9, 2003. Result: The appeal is allowed in part. Cases Referred to- Gopi Shanker and others Vs. State (Rajasthan), 1967 CrLJ 922; Lahore High Court Vs. Emperor, AIR 1933 Lahore 1002......ngs and decision In the context of the arguments advanced by the learned advocates of the contending parties it is now necessary for us to scrutinise the material evidence on record to arrive at a proper decision in the case. 8. PW 1 Mazeda Khatun, aged about 16 years and a student of class si......ly, accused-appellant Abdur Razzaque is sentenced thereunder to suffer RI for ten (10) years. Send down the lower Court records at once. Ed. This Case is also Reported in: 56 DLR (2004) 510. ..Category: Criminal Law | Date: | Hits: 94
Padma Oil Co. Ltd. Vs. SM Nurul Islam and others, 2002, 31 CLC (HCD)
.... as to cost. The order of stay granted at the time of issuance of the Rule stands vacated. Send down the lower Court records at once. Ed. This Case is also Reported in: 56 DLR (2004) 505. ......004) 505. ......istant Judge, 5th Additional Court, Dhaka in Title Suit No. 146 of 1997 decreeing the suit, should not be set aside and or pass such other or further order or orders as to this Court may deem fit and proper. 2. The opposite party No. 1 as plaintiff filed Title Suit No. 285 of 1995 in the Court of...... as to cost. The order of stay granted at the time of issuance of the Rule stands vacated. Send down the lower Court records at once. Ed. This Case is also Reported in: 56 DLR (2004) 505. ..Category: Employment/Service Law | Date: | Hits: 122
Mehedi Hasan Vs. State, 2011, 40 CLC (HCD)
....tioner is concerned. The accused is released from the bail bond. Stay granted shall stand vacated. Communicate the order at once. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 361....... Result: The Rule is made absolute. Lawyers Involved: Yousuf Hossain Humayun, Senior Advocate with Ahsanul Karim, Advocate with Khairul Alam Chowdhury, Advocate with Aminul Haque, Advocate and Tanvir Hossain Khan, Advocate - For the petitioner. Md. Mosharraf Hossain Sarder, Deputy Atto......on 409/109 of the Penal Code, now pending in the Court of Special Judge, Court No.3, Dhaka, should not be quashed and/or such other or further order or orders passed as to this Court may seem fit and proper. 2. Prosecution case is that one Mr. Saiful Alam, Assistant Director of the Anti-Corruptio......tioner is concerned. The accused is released from the bail bond. Stay granted shall stand vacated. Communicate the order at once. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 361...Category: Administrative Law | Date: | Hits: 173
Noor Alam Vs. Sonali Bank and others, 2011, 40 CLC (HCD)
....m other defendant Nos. 1-2 in accordance with law. Let a copy of this judgment along with lower Court's record be sent down at once. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 332.......332....... letter dated 15-9-1980 also prayed to the plaintiff Bank to issue a Bank Guarantee for TK 6,50,000/- on behalf of the defendant No. 1 of which defendant No.2 is the proprietor offering his immovable property measuring 7½ Khathas of land with three storied residential building situated thereon und......m other defendant Nos. 1-2 in accordance with law. Let a copy of this judgment along with lower Court's record be sent down at once. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 332...Category: Procedural Law | Date: | Hits: 107
Md. Ismail Hossain Vs. Al-haj Syedur Rahman Molla and another, 2009, 38 CLC (HCD)
....irection made above. Communicate a copy of this judgment to the House Rent Controller, Narayanganj at once. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 327, 15 BLC (HCD) (2010) 342.......) 342.......t and House Rent Controller, Narayanganj in House Rent Case No.7 of 2005 rejecting the case should not be set aside and/or pass such other or further order or orders as to this Court may seem fit and proper. 2. Petitioner, a tenant filed the case on 5.9.2005 for depositing the monthly rent in the......irection made above. Communicate a copy of this judgment to the House Rent Controller, Narayanganj at once. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 327, 15 BLC (HCD) (2010) 342...Category: Property Law | Date: | Hits: 105
Md. Abdul Bari and others Vs. Government of Bangladesh and others, 2010, 39 CLC (HCD)
....period of 3(three) or 5 (five) years in different capacities. Subsequently, their contractual periods were extended or renewed for further periods. In this way, some of the petitioners have already completed about 15 (fifteen) years of service in BFCC. However, initially the petitioners were paid ...... (HD) (2011) 27; 30 BLD (HCD) (2010) 465. ......tees formed from time to time with all Biman service facilities and allowances including retirement benefits and/or such other or further order or orders passed as to this Court may seem fit and proper. 2. The petitioner’s case, as set out in the Writ Petition, in short, is as follow...... be answered either in the affirmative or in the negative. 32. In this context, the Annexure-'D', 'G'; 'G-1' and 'E' to the Writ Petition appear to be very vital documents for the purpose of adjudication of the Rule. Annexure-'D' to the Writ Petition is the Organization Order No.13 of 1989 ..Category: Employment/Service Law | Date: | Hits: 145
Sheikh Hasina Wazed @ Sheikh Hasina Vs. State and another, 2010, 39 CLC (HCD)
....giving able assistance to this Court in the matter of disposing the rule in an effective manner. Send down the Lower Court records. Ed. This Case is also Reported in: 63 DLR (HD) (2011) 40. ......vision (Criminal Miscellaneous Jurisdiction) Present: Md. Shamsul Huda J AB Siddiquee J Sheikh Hasina Wazed alias Sheikh Hasina..................Accused-Petitioner Vs. State and another..................................................Opposite-Parties Judgment March......al Register Case No.160 of 2007, now pending in the Court of Special Judge, Court No.2 Dhaka, should not be quashed and or pass such other or further order or orders as to this Court may seem fit and proper. 2. The prosecution case, in short, is that one MM Shabbir Hassan, Deputy Director, Anti-......giving able assistance to this Court in the matter of disposing the rule in an effective manner. Send down the Lower Court records. Ed. This Case is also Reported in: 63 DLR (HD) (2011) 40. ..Category: Criminal Law | Date: | Hits: 126