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Md. Zaved Khan Vs. Anti Corruption Commission and others, 2011, 40 CLC (HCD)

....ted 6-7-2010 in Permission Petition No.76 of 2010 passed by the learned Senior Special Judge-in-Charge, Dhaka where he has seized the account of Unipay 2U Bangladesh Ltd. lying in the City Bank Ltd., National Commerce and Credit Bank Ltd., BRAC Bank Ltd., Dutch Bangla Bank Ltd. and Mercantile Bank L......vided by law referred to above. So we are not ready to entertain the writ petition. Hence the application is summarily reject­ed. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 221. ......vided by law referred to above. So we are not ready to entertain the writ petition. Hence the application is summarily reject­ed. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 221. ......sion (Special Original Jurisdiction) Present: Md. Anwarul Haque J Md. Akram Hossain Chowdhury J Md. Zaved Khan…………………….Petitioner Vs. Anti Corruption Commission and others………………………..Respondents Order March 22, 2011. Result: The app..

Category: Criminal Law | Date: 22 Mar, 2011 | Hits: 75

Chunnu Vs. State, 2011, 40 CLC (HCD)

....icting and sentencing the Appellants. In the result, both the appeals are dismissed. Send down the lower Court record. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 127 ......icting and sentencing the Appellants. In the result, both the appeals are dismissed. Send down the lower Court record. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 127 ......icting and sentencing the Appellants. In the result, both the appeals are dismissed. Send down the lower Court record. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 127 ......smissed. Code of Criminal Procedure, 1898; Section 164(3) The appellant should not get any benefit from the acquittal of accused. In the instant case, the eye-witness versions of the P.W. 3 and P.W.11 and the said dying declaration of the deceased corroborated each other as to the particip..

Category: Procedural Law | Date: 15 Mar, 2011 | Hits: 6

Anwarul Alam (Md.) Vs. Pubali Bank Ltd and others, 2011, 40 CLC (HCD)

.... 4, Pubali Bank Limited, is a private bank company registered under the Companies Act, 1913 (Act No. VII of 1913). After independence, the said bank was nationalized by virtue of the Bangladesh Bank (Nationalisation) Order. 1972 (PO No.26 of 1972). Subsequently, vide Article 27A(1) of the Bangladesh...... it is liable to be discharged. 32. In the result, the Rule is discharged. There will be no order as to costs. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 448.   ...... it is liable to be discharged. 32. In the result, the Rule is discharged. There will be no order as to costs. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 448.   ......) Present: Farah Mahbub J   Farid Ahmed J Anwarul Alam (Md.)………………………..Petitioner Vs. Pubali Bank Ltd and others...............Respondent Judgment March 13, 2011. Result: The Rule is..

Category: Constitutional Law, Employment/Service Law | Date: 13 Mar, 2011 | Hits: 3

Professor Muhammad Yunus Vs. Bangladesh, 2011, 40 CLC (HCD)

....er, there would be no order as to costs. Md. Mamtazuddin Ahmed J. – I Agree. Gobinda Chandra Tagore J. – I Agree. Ed. This Case is also Reported in: 63 DLR (2011) (HCD) 260. ...... of the Bank as the age of superannuation being 60 years under the Grameen Bank Service Regulations, he has been holding the post even after exceeding 60 years of age by virtue of a resolution of the Board of Directors of the Bank and in this regard no approval was obtained from Bangladesh Bank as r......er, there would be no order as to costs. Md. Mamtazuddin Ahmed J. – I Agree. Gobinda Chandra Tagore J. – I Agree. Ed. This Case is also Reported in: 63 DLR (2011) (HCD) 260. ...... This Case is also Reported in: 63 DLR (2011) (HCD) 260. ..

Category: Banking Law | Date: 8 Mar, 2011 | Hits: 438

Shammi Yasmin @ Suma alias Sreemoti Rafiqa Rani and others Vs. State, 2011, 40 CLC (HCD)

.... from today and for the time being the victim will remain as it is, in the safe custody. Communicate the order at once. AKM Zahirul Hoque, J.- I agree. Ed. This Case is also Reported in: ......ferred 2(two) separate appeals. 7. Mr. Ashok Kumar Banik, the learned advocate appearing for the appellant in Criminal Appeal No.4860 of 2010 on drawing our attention to the medical report of the Board submits that the victim is not a minor girl and is not a child as per definition of child give...... from today and for the time being the victim will remain as it is, in the safe custody. Communicate the order at once. AKM Zahirul Hoque, J.- I agree. Ed. This Case is also Reported in: ......al-For the opposite party. Criminal Appeal No. 4860 of 2010. With Criminal Appeal No. 5688 of 2010. Judgment AKM Asaduzzaman J. - Both the appeals since arisen out of the same judgment and order heard together and disposed of by a single judgment. 2. In both these appeals by the im..

Category: Women and Children | Date: 27 Feb, 2011 | Hits: 82

Hussain Fabrics Ltd. Represented by its Managing Director and another Vs. Haji Momena Khatun and others, 2011, 40 CLC (AD)

....ubstance hi the submis­sions of the learned Advocate for the petitioners. Accordingly, the leave petition is dismissed. Ed. This Case is also Reported in: 67 DLR (AD) (2015) 119. ...... of 2004. In the plaint the plaintiffs stated, inter alia, that the defen­dant No.1-petitioner No.1 being a private limited company got allotment of the scheduled property on 30-7-1985 and as per Board Resolution of the Company one Kazi Golam Hussain being the Chairman of the company on 19-3-199......ubstance hi the submis­sions of the learned Advocate for the petitioners. Accordingly, the leave petition is dismissed. Ed. This Case is also Reported in: 67 DLR (AD) (2015) 119. ......t High Court Division (Civil) Present: ABM Khairul Haque CJ Md. Muzammel Hossain J Surendra Kumar Sinha J Hussain Fabrics Ltd. Represented by its Managing Director and another………….Petitioners Vs. Haji Momena Khatun and others...

Category: Civil Law | Date: 17 Feb, 2011 | Hits: 5

Jamiul Hossain Vs. Government of Bangladesh & Others, 2011, 40 CLC (HCD)

....of issuance of Rule Nisi is, hereby, recalled and vacated. Let a copy of the judgment be communicated to the Respondents forthwith. Ed. This Case is also Reported in: 20 BLT (HCD) (2012) 49. ......y Rules, 1955 before the Settlement Officer who, on receiving the application and on considering the contents thereof, set aside the order passed under Rule 31 and formed a 5-member committee (Appeal Board) headed by a Charge Officer for hearing of the said 3 appeal cases. The said committee heard t...... was recorded in their names. 4. Being aggrieved by the aforesaid draft record-of rights, respondent No.7 and others filed Objection Case Nos.4714 of 2000, 4715of 2000 and 12903 of 2000 before the Revenue-Officer under Rule 30 of the East Bengal State Acquisition and Tenancy Rules, 1955 (in brief...... Others…………………………Respondents Judgment February 15, 2011. Result: The Rule is made absolute. The proceeding under article 102(2) of the Constitution is a summary one and it is mainly decided on the statements and documents annexed to the writ petition and the affida..

Category: Constitutional Law | Date: 15 Feb, 2011 | Hits: 176

Bangladesh National Women Lawyers Association Vs. Cabinet Secretary, Bangladesh Secretariat, Dhaka and others, 2011, 40 CLC (HCD)

....ereinafter SCSD REPORT ON CHILD DOMESTIC WORKERS]. ......very employer/service provider and domestic worker wherever applicable, shall within one month of the commencement of the employment of domestic worker, in the household, shall submit to the District Board or any person so authorized by the District Board, application along with prescribed fee, for ......ARK (SCSD), CHILD DOMESTIC WORKERS – LIVING INSIDE ROOM AND OUTSIDE LAW AND ROLE OF GOVT. AND CIVIL SOCIETIES IN BANGLADESH , 36-37 (2009) [hereinafter SCSD REPORT ON CHILD DOMESTIC WORKERS]. ......Lawyers Association (BNWLA), represented by its Vice-President, Fahima Nasrin……….......Petitioner Vs. The Cabinet Division, Represented by Cabinet Secretary, Bangladesh Secretariat, Dhaka and others .........Respondents Judgment February 15, 2011. Result: The Rule is made abs..

Category: Women and Children | Date: 15 Feb, 2011 | Hits: 265

Sohrab Hossain (Md.) & others Vs. State & another, 2011, 40 CLC (HCD)

.... of the Code. 11. For the discussions made above, we find no merit in the Rule. Accordingly, this Rule is discharged. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 215. ...... of the Code. 11. For the discussions made above, we find no merit in the Rule. Accordingly, this Rule is discharged. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 215. ...... of the Code. 11. For the discussions made above, we find no merit in the Rule. Accordingly, this Rule is discharged. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 215. ......gned procee­dings of CR Case No.4137 of 2009 under sections 138/140 of Negotiable Instruments Act, 1881, Now pending before the Court of Chief Metropolitan Magistrate, 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. ..

Category: Others | Date: 3 Feb, 2011 | Hits: 4

Nasirul Islam Vs. Bangladesh and others, 2011, 40 CLC (HCD)

....d to take back his original title documents those have been annexed with the writ petition substituting photocopies thereof. Nazmun Ara Sultana J.- I agree. This Case is also Reported in: ......d to take back his original title documents those have been annexed with the writ petition substituting photocopies thereof. Nazmun Ara Sultana J.- I agree. This Case is also Reported in: ......d to take back his original title documents those have been annexed with the writ petition substituting photocopies thereof. Nazmun Ara Sultana J.- I agree. This Case is also Reported in: ......h Court Division (Special Original Jurisdiction) Present: Nazmun Ara Sultana J Md. Ruhul Quddus J Nasirul Islam, since deceased substituted by his legal heirs Mrs. Mily Khan and others ............Petitioners Vs. Bangladesh and others ……………….........Re..

Category: Banking Law | Date: 27 Jan, 2011 | Hits: 172

Bangladesh National Women Lawyers Association (BNWLA) Vs. Government of Bangladesh, 2011, 40 CLC (HCD)

....HCD) (2011) 324, 18 BLC (HCD) (2013) 290. ......ns to be taken in the light of the directives/guidelines hereinabove. Md. Imman Ali J. - I agree. Ed. This Case is also Reported in: 31 BLD (HCD) (2011) 324, 18 BLC (HCD) (2013) 290. ......ns to be taken in the light of the directives/guidelines hereinabove. Md. Imman Ali J. - I agree. Ed. This Case is also Reported in: 31 BLD (HCD) (2011) 324, 18 BLC (HCD) (2013) 290. ......llip;…………………Petitioner Vs. Government of Bangladesh, represented by the Cabinet Secretary of Cabinet Division, Bangladesh Secretariat, Dhaka and others……………………………&h..

Category: Women and Children | Date: 26 Jan, 2011 | Hits: 246

Mahbub Ahmed Chowdhury Vs. Chief Election Commissioner and others, 2011, 40 CLC (AD)

....judgment and order passed by the High Court Division. Accordingly, the Civil Petition for Leave to Appeal is dismissed. Ed. This Case is also Reported in: 65 DLR (AD) (2013) 283. ......lves from the mother theory of corporate law i.e. theory of perpetual succession. If a company is estab­lished for a particular purpose and its existence is complemented by that purpose. When the Board of Director of a company or its Member does an act which is not within the purpose or object ......judgment and order passed by the High Court Division. Accordingly, the Civil Petition for Leave to Appeal is dismissed. Ed. This Case is also Reported in: 65 DLR (AD) (2013) 283. ...... (Civil) Present: ABM Khairul Haque CJ Md. Muzammel Hossain J SK Sinha J Mahbub Ahmed Chowdhury.......................Petitioner Vs. Chief Election Commissioner and others..........Respondents Judgment January 23, 2011. Result: Civil Petit..

Category: Constitutional Law | Date: 23 Jan, 2011 | Hits: 11

StateVs. Noor Islam and others, 2011, 40 CLC (HCD)

....nce to pay a fine of Tk. 1,00,000/- each, in default to pay the fine, they are to suffer rigorous imprisonment for two years more each. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 141.......h is also a strong circumstance to show that he was concerned with the commission of the alleged gang-rape with murder. 24. P.W.18 Dr. A.R.M. Mostayeen Billah was one of the members of the Medical Board who held the Post Mortem Examination upon the dead body of Shilpi Khatun and he put his signat......nce to pay a fine of Tk. 1,00,000/- each, in default to pay the fine, they are to suffer rigorous imprisonment for two years more each. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 141.......CD) (2011) 141...

Category: Women and Children | Date: 13 Jan, 2011 | Hits: 195

Bangladesh Legal Aid and Services Trust Vs. Secretary, Ministry of Education, 2011, 40 CLC (HCD)

.... 63 DLR (2011) 643. An international organisation set up in 2001 to campaign for worldwide prohibition by law of all corporal punishment of children, whether by parents or schools. ......corporal punishment of children. 3. Pending hearing of the Rule, the respondents No.1 to 16, being high government officials of the Ministry of Education and other related Ministries and Education Boards, were directed to submit a report to this Court with regard to the measures taken by them to ...... 63 DLR (2011) 643. An international organisation set up in 2001 to campaign for worldwide prohibition by law of all corporal punishment of children, whether by parents or schools. ......ildren, whether by parents or schools. ..

Category: Women and Children | Date: 13 Jan, 2011 | Hits: 248

Ramesh Chandra Adhikari Vs. Bulbuli, 2011, 40 CLC (AD)

....find any merit in the leave petition. Accordingly, the leave petition is dismissed with cost of Taka 5,000 (five thousand). Ed. This Case is also Reported in: 66 DLR (AD) (2014) 104. ......find any merit in the leave petition. Accordingly, the leave petition is dismissed with cost of Taka 5,000 (five thousand). Ed. This Case is also Reported in: 66 DLR (AD) (2014) 104. ......find any merit in the leave petition. Accordingly, the leave petition is dismissed with cost of Taka 5,000 (five thousand). Ed. This Case is also Reported in: 66 DLR (AD) (2014) 104. ...... is also Reported in: 66 DLR (AD) (2014) 104. ..

Category: Family Law, Hindu Law | Date: 6 Jan, 2011 | Hits: 15

Bangladesh Shilpa Rin Sangstha (BS-RS) Vs. She Shipping Judgment Lines Limited and others, 2010, 39 CLC (AD)

....wn in future. An accruing debt, therefore, is a debt not yet actually payable, but a debt which is represented by an exist­ing obligation." 15. The Supreme Court of India in the case of National Royan Corporation Ltd Vs. Commissioner of Income Tax, AIR 1997 SC 3487 held as under: "......y person liable for payment of that loan fails to repay the loan by the due date or in compliance with the notice under Article 32, an officer of the Sangstha generally or specially authorised by the Board in this behalf, may apply to the District Judge within the local limits of whose jurisdiction ......rther compensa­tion calculated at the rate of bank interest prevalent at the time of the institution of the suit. Ed. This Case is also Reported in: 20 BLC (AD) (2015) 66.   ......ue CJ Md. Muzammel Hossain J SK Sinha J      Bangladesh Shilpa Rin Sangstha (BS-RS)...............Appellant Vs. She Shipping Judgment Lines Limited and others............Respondents Judgment December 13, 2010.  Result: The ..

Category: Business or Commercial Law, Labour and Industrial Law | Date: 13 Dec, 2010 | Hits: 10

Gulshan Club Ltd. Vs. Chairman, National Board of Revenue and another, 2010, 39 CLC (HCD)

....rt Division (Special Original Jurisdiction) Present: Md. Ashfaqul Islam J SM Emdadul Hoque J Gulshan Club Ltd…………………………Petitioner Vs. Chairman, National Board of Revenue and another…………………………..Respondents Judgment ......on (Special Original Jurisdiction) Present: Md. Ashfaqul Islam J SM Emdadul Hoque J Gulshan Club Ltd…………………………Petitioner Vs. Chairman, National Board of Revenue and another…………………………..Respondents Judgment December ......Special Original Jurisdiction) Present: Md. Ashfaqul Islam J SM Emdadul Hoque J Gulshan Club Ltd…………………………Petitioner Vs. Chairman, National Board of Revenue and another…………………………..Respondents Judgment December 13, 2010.......Original Jurisdiction) Present: Md. Ashfaqul Islam J SM Emdadul Hoque J Gulshan Club Ltd…………………………Petitioner Vs. Chairman, National Board of Revenue and another…………………………..Respondents Judgment December 13, 2010. Re..

Category: Fiscal/Taxation Law | Date: 13 Dec, 2010 | Hits: 48

Thana Nirbahi Officer, Pirgachha, Rangpur and others Vs. Md. Dulal Miah, 2010, 39 CLC (HCD)

.... the revisional application is hereby condoned. The office is directed to place the revisional application before an appropriate motion bench immediately. Ed. This Case is also Reported in: ...... the revisional application is hereby condoned. The office is directed to place the revisional application before an appropriate motion bench immediately. Ed. This Case is also Reported in: ...... the same on 16.1.2006 and got it delivered on 28.2.2006. He sent the case record to the Deputy Commissioner, Rangpur and after observing the official formalities, the Additional Deputy Commissioner (Revenue), Rangpur sent the record to the Solicitor Wing, Ministry of Law, Justice and Parliamentary ......te motion bench immediately. Ed. This Case is also Reported in: ..

Category: Procedural Law | Date: 8 Dec, 2010 | Hits: 180

Shafiqul Islam (Md.) Vs. The Commissioner of Customs, Excise and VAT Rajshahi and others, 2010, 39 CLC (HCD)

....ng days with­out fail upon receipt of the copy of this judgment. There will be no order as to costs. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 191     ......ng days with­out fail upon receipt of the copy of this judgment. There will be no order as to costs. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 191     ......ng days with­out fail upon receipt of the copy of this judgment. There will be no order as to costs. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 191     ...... J Sheikh Hassan Arif J Shafiqul Islam (Md.)………………...........Petitioner [In both Writ Petitions] Vs. The Commissioner of Customs, Excise and VAT Rajshahi and others........Respondents Judgment November 11, 2010. Result: ..

Category: Fiscal/Taxation Law | Date: 11 Nov, 2010 | Hits: 3

Shafiqul Islam (Md.) Vs. The Commissioner of Customs, Excise and VAT Rajshahi and others, 2010, 39 CLC (HCD)

....ng days with­out fail upon receipt of the copy of this judgment. There will be no order as to costs. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 191     ......ng days with­out fail upon receipt of the copy of this judgment. There will be no order as to costs. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 191     ......ng days with­out fail upon receipt of the copy of this judgment. There will be no order as to costs. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 191     ...... J Sheikh Hassan Arif J Shafiqul Islam (Md.)………………...........Petitioner [In both Writ Petitions] Vs. The Commissioner of Customs, Excise and VAT Rajshahi and others........Respondents Judgment November 11, 2010. Result: ..

Category: Fiscal/Taxation Law | Date: 11 Nov, 2010 | Hits: 5