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Altaf Hossain and another Vs. State, 2011, 40 CLC (HCD)

....o.89 of 1995 is hereby set aside. The appellants are released from their bail bonds. Send down the lower Court records. Naima Haider J.- I agree. This Case is also Reported in: ......al, in brief, are that the informant Rokeya Begum (P.W.1) lodged an ejahar with Babuganj Police Station, Barisal on 24.4.1995 against the appellants and four others alleging inter alia that they were members of Sarbahara Party and used to commit robbery in different places. The accused persons being......ated him the same facts and added that appellant No.2 and the victim had gone together to Dhaka. 16. On the other hand D.W.1 Ranjan Ali Sharif (Beer Pratik), former Chairman of Dehergati Union Parishad stated that in the night of occurrence 2/3 persons went to him and informed that the ......im the same facts and added that appellant No.2 and the victim had gone together to Dhaka. 16. On the other hand D.W.1 Ranjan Ali Sharif (Beer Pratik), former Chairman of Dehergati Union Parishad stated that in the night of occurrence 2/3 persons went to him and informed that the victim..

Category: Women and Children | Date: 17 Apr, 2011 | Hits: 159

Kartic Das Gupta Vs. Election Commission of Bangladesh and others, 2011, 40 CLC (AD)

....ner failed to make out any such case. It is also necessary to state that in the election of Cox's Bazaar Pourashava of which the petitioner is a voter did not offer himself as a candidate for any post. Therefore, the High Court Division ought not to have entered into the merit of the writ petiti......we find no merit in the sub­missions of Mr. Ahsanul Karim. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 578, 19 BLC (AD) (2014) 113. ......we find no merit in the sub­missions of Mr. Ahsanul Karim. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 578, 19 BLC (AD) (2014) 113. ......we find no merit in the sub­missions of Mr. Ahsanul Karim. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 578, 19 BLC (AD) (2014) 113. ..

Category: Election Law | Date: 3 Apr, 2011 | Hits: 168

Nazmul Islam alias Nazu Vs. State, 2011, 40 CLC (HCD)

....levelled against him and he be set at liberty at once, if not wanted in other case. Send down the lower Court record at once. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 460.......onths. 11. On recall, she stated that on 24-9-2003 she gave birth of a son at Shahrasstee health complex, named him 'Abdullah'. 12. In her examination in cross she said that she could not remember the date when she disclosed the occurrence to her 'Bhabi'. She gave in notice to her 'Bhabi' ......rman called the father of the accused, who agreed in her favour to arrange marriage and also assured to solve the matter; but finally, avoided and a Salish was held on 5-9-2003 in the office of local Union Parishad, but failed to reach any solution. In the mean time she became pregnant of 8(eight) m......alled the father of the accused, who agreed in her favour to arrange marriage and also assured to solve the matter; but finally, avoided and a Salish was held on 5-9-2003 in the office of local Union Parishad, but failed to reach any solution. In the mean time she became pregnant of 8(eight) months ..

Category: Women and Children | Date: 21 Mar, 2011 | Hits: 165

Uniroyal Securities Ltd. Vs. Commissioner of Taxes, 2011, 40 CLC (HCD)

....any order as to cost. The Registrar of the Supreme Court is directed to take necessary steps under section 162 of the Ordinance. Ed. This Case is also Reported in: 63 DLR (2011) 676. ......ief Executive Officer of a stock exchange shall collect tax at the rate of [zero point zero five percent (0.05%) on the value of shares, debentures, mutual funds, bonds or securities, transacted by a member of a stock exchange at the time of payment for such trans­action.]" 10. Next se......any order as to cost. The Registrar of the Supreme Court is directed to take necessary steps under section 162 of the Ordinance. Ed. This Case is also Reported in: 63 DLR (2011) 676. ......any order as to cost. The Registrar of the Supreme Court is directed to take necessary steps under section 162 of the Ordinance. Ed. This Case is also Reported in: 63 DLR (2011) 676. ..

Category: Fiscal/Taxation Law | Date: 21 Mar, 2011 | Hits: 123

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

....-30 AM. He then informed the Rangpur Kotwali Police Station, whereupon police came and prepared inquest report in his presence which he proved as Exhibit-1. After inquest, the dead body was taken for post mortem examination and then he lodged the FIR on the same day at about 11-30 PM which he proved......as stated above. His injured brother was treated and bandaged at Syedpur Hospital but was later taken to the Rangpur Medical College Hospital being adviced by the doctor. His parents and other family members also came to see his injured brother when being asked by his mother he again said that the A......on 342 of the Code of Criminal Procedure to which the Appellants and others plead­ed not guilty, but the Appellant Chunnu submitted some papers, namely national certificates issued by the Syedpur Union Parishad Chairman and accused Alia produced two witnesses in his defence, namely D.W.1 and 2, ...... of the Code of Criminal Procedure to which the Appellants and others plead­ed not guilty, but the Appellant Chunnu submitted some papers, namely national certificates issued by the Syedpur Union Parishad Chairman and accused Alia produced two witnesses in his defence, namely D.W.1 and 2, who we..

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

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

.... 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.   ...... on the basis of having at any time been in the service of Pakistan, purports to claim any right to employment in the service of the Republic, but does not include any person who— (i) is a member of any defence service, (ii) is a teacher or employee of any Univer­sity, (iii)...... 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.   ..

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

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

....ondent No.3 addressing to respondent No.4, Chairman of Grameen Bank. 2. In the impugned order dated 27.02.2011, it has been judged that it is not valid for the petitioner to continue holding the post of Managing Director of Grameen Bank and in view thereof he is not the lawful Managing Director......k who shall be appointed by the Board with the prior approval of the Bangladesh Bank. (2)The Board shall constitute a Selection committee consisting of not less than three and not more than five members for the purpose of selecting a candidate for appointment as Managing Director. (3) In s......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. ......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. ..

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

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

....The defendant Nos. 1-2-petitioners con­tested the suit denying the statements made in the plaint stating, inter alia, that as per Memorandum and Articles of Association of the company there is no post of Chairman of the defendant No. 1-petitioner-company rather there is a post of Managing Direct......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. ......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. ......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. ..

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

Abu Hanifa (Md.) Vs. Md. Shafiul Bashar and others, 2011, 40 CLC (AD)

.... formalities required under Rule 5 of the Muslim Marriages and Divorces (Registration) Rules, 1975 and that a temporary appointed Nikah Registrar can have a legitimate expectation to continue in that post until a permanent Nikah Registrar is appointed and that a temporary Nikah Registrar cannot be r......dgment and order dated 1-11-2003 passed by a Division Bench of the High Court Division in Writ Petition No.7505 of 2002 is hereby affirmed. Ed. This Caseis also Reported in: 65 DLR (AD) (2013) 243. ......oner filed Writ Petition No.7505 of 2002 before the High Court Division stating, inter alia, that the writ-petitioner-respondent No.1 was appointed as tem­porary Nikah Registrar for No.12, Rangasree Union by the District Registrar, Barisal, vide Memo No.47dated 18-1-1995 considering his educational......dgment and order dated 1-11-2003 passed by a Division Bench of the High Court Division in Writ Petition No.7505 of 2002 is hereby affirmed. Ed. This Caseis also Reported in: 65 DLR (AD) (2013) 243. ..

Category: Civil Law | Date: 15 Feb, 2011 | Hits: 8

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. ......der Rule 42 of the Tenancy 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. T......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. ......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. ..

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)

....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]. ......mes of need. She points out that there is no record maintained by anyone with regard to the women and children employed in the domestic sector and it so happens on many occasions that even the family members of the children are unable to trace their whereabouts until it is too late. She submits that....... 33. So far as monitoring of the movement of domestic workers, particularly child workers, is concerned, a form of registration at source, i.e. by the existing local government set-up, namely the Union Parishad, would also help to reduce trafficking in persons as well as death and disappearance.......3. So far as monitoring of the movement of domestic workers, particularly child workers, is concerned, a form of registration at source, i.e. by the existing local government set-up, namely the Union Parishad, would also help to reduce trafficking in persons as well as death and disappearance. There..

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

Promoda Sundari Sen Kalyan Trust Vs. Momtaz Zafar Ahmed and Others, 2011, 40 CLC (HCD)

....rder as to cost Let a copy of the Judgment along with lower Court's record be sent down at once. Ed. This Case is also Reported in: 68 DLR (HCD) (2016) 53     ......rder as to cost Let a copy of the Judgment along with lower Court's record be sent down at once. Ed. This Case is also Reported in: 68 DLR (HCD) (2016) 53     ......to differ with the view taken by the two Courts below. 32. In this connection we may refer to the view of Mr. Murshed, CJ as given in the case of Burmah Eastern Ltd. Vs. Burmah Eastern Employees Union reported in 18 DLR 709 which reads as follows: "Turning, now, to the plaint in ......rder as to cost Let a copy of the Judgment along with lower Court's record be sent down at once. Ed. This Case is also Reported in: 68 DLR (HCD) (2016) 53     ..

Category: Banking Law | Date: 9 Feb, 2011 | Hits: 2

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

.... complaint and this cheque also was dishonoured on 6-9-2009 for insufficient fund having been presented on the same date of issue. Then again the bank issued a legal notice on 29-9-2009 by registered post with acknowledgment due requesting the accused to make payment of the amount of the dishonoured...... 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. ..

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

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

....using sexual harassment or of arousing apprehension of sexual harassment in the female and (b) that includes any of the following: i) following the female; ii) contacting the female by post, telephone, fax, text message (SMS/MMS/blogging/twitting), email or other electronic communicat......ls/colleges and other public places wherever necessary. In view of the horrific turn of such events as highlighted in the writ petition, this court, upon hearing the submissions of the learned senior members of the bar present in the court, on the same day issued the following four interim direction......9; 60 DLR (2008); Bangladesh National Women Lawyers Association (BNWLA) Vs. Bangladesh 14 BLC 2009 694; Vishaka Vs. State of Rahasthan AIR 1997 SC 3011; Delhi Domestic Working Women’s Forum Vs. Union of India, (1995) 1SCC 14); BNWLA Vs. Bangladesh 14 BLC (2009). Lawyers Involved: Ms.......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. ..

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

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

.....(13) It is the mandate of the Constitution under Article 135 that Parliament cannot enact any law which empowers an authority subordinate to an authority by which a person who holds any civil post in the service of the Republic shall be dismissed or reduced in rank, inasmuch as, no law shal......)  probable sources of his income; (f)  a statement of property or rebt of his own or his dependents; (g) what promises he made before an elec­tion in which he was elected as a member in the past, and how many of those prom­ises were fulfilled; and (h) the amount of lo......ction, the name of a candidate of a political party, has to be included in the panel nominated by the Central Parliamentary Body of the party from the panels prepared by the mem­bers of the Ward, Union, Thana, Upazila or District Committee, as the case may be of the con­cerned constituency. Ar......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. ..

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

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

....ation upon the dead body of Shilpi Khatun and he put his signature on the Post Mortem Report, marked as Ext.9. It appears from the deposition of P.W.18 as well as from the Post Mortem Report that the post mortem upon the dead body of Shilpi Khatun was conducted by a Board of three Medical Officers o......eption of the case which 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 Khatu......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.......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...

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)

....ent media, namely Radio, Television, private TV Channels and the daily newspapers with regard to the prohibition of corporal punishment. In addition, UNICEF would be requested to produce leaflets and posters in this regard. 7. On 05.09.2010 the petitioner filed a supplementary affidavit with nar......of any guidelines and circulars relating to corporal punishment. She also points out that there is a District Development Co-ordination Committee which is chaired by the Deputy Commissioner and whose membership comprises other government officials as well as NGO workers. She submits that this commit......ment January 13, 2011. Cases Referred to- Bangladesh Legal Aid and Services Trust and others Vs. Government of Bangladesh and others; Parents Forum for Meaningful Education and Another Vs. Union of India and another, AIR 2001 (Delhi) 212; F.C. Mullin Vs. Administrator, Union Territory of ...... 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. ..

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

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

.... Nari-o-Shishu Nirjatan Daman Tribunal, Kushtia immediately. Send down the Lower Court Records. Communicate this Order at once. Ed. This Case is also Reported in: 16 BLC (2011) 816. ......ded the Tribunal to the pre­judice of the condemned-prisoner otherwise falsely implicated in a concocted case. This also blinded the Tribunal to the unnaturally passive role of the deceased's family members whom the evidence adduced portray as mute by­standers unable to come to the rescue and aid ...... Nari-o-Shishu Nirjatan Daman Tribunal, Kushtia immediately. Send down the Lower Court Records. Communicate this Order at once. Ed. This Case is also Reported in: 16 BLC (2011) 816. ...... Nari-o-Shishu Nirjatan Daman Tribunal, Kushtia immediately. Send down the Lower Court Records. Communicate this Order at once. Ed. This Case is also Reported in: 16 BLC (2011) 816. ..

Category: Women and Children | Date: 11 Jan, 2011 | Hits: 176

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. ......f the constitutional philos­ophy of social integrity and national unity, right to equality assured by the human rights and the Constitution of India, on marriage of a man and a woman, they become members of the family and entitled to the social status as married couple, recognition per se is not......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. ..

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

Mahfuzur Rahman and another Vs. Government of Bangladesh and others, 2010, 39 CLC (HCD)

.... are intertwined and inseparable from each other. After considering the review applications of the petitioners, the university Syndicate undoubted­ly made the decision dated 27-12-2008. In such a posture of things, it cannot be said that they were condemned unheard while making the decision on 2......admission of some students including the petitioners to the university in that academic ses­sion and a news item was accordingly published in this regard in different newspapers. Ultimately a six-member committee was formed by the university authority to inquire into the allegation of illegal ad......ngh AIR 1989 SC 823; Randir Singh Vs. State of Rajasthan, 1992(2) ESC 435 (Raj); Lord Atkin in R Vs. Electricity Commissioners, (1924) 1 KB 171; Ridge Vs. Baldwan 1964 AC 40; Council of Civil Service Union Vs. Minister for the Civil Service (1984) 3 All ER 935; Swadeshi Cotton Mills Vs. India, AIR 1...... Accordingly, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 171           ..

Category: Administrative Law | Date: 9 Dec, 2010 | Hits: 2