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

....n the law office caused the delay in filing the revisional application, for which the Government should not suffer any loss and injury. It further appears that the subject matter of the suit involves public interest and the impugned judgment is a judgment of reversal. Court fees of Taka 2,415/= (two...... 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: ..

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

Hasna Ahmad Vs. State and another, 2010, 39 CLC (HCD)

....nipulated the tender for sale of the properties in Gulshan, Banani, Dhanmondi etc, for his own benefit and sold the same at a price less than market price thereby causing a huge financial loss to the public exchequer. Against this backdrop, a case under sections 409/109 of the Penal Code, 1860 read ......ion Act, 1947, now pending before the 3rd Court of the Special Judge, Dhaka are quashed so far as it relates to the petitioner. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 206. ..

Category: Anti-Corruption Laws | Date: 1 Dec, 2010 | Hits: 189

Ms. Syeda Rizwana Hasan Vs. Bangladesh and others, 2010, 39 CLC (AD)

....d with the observations. The Constitution of Bangladesh, Article 102. A Petition of Public Interest Litigation In considering a petition as PIL it is to be seen that where there is undoubtly public injury by the act or omission of the functionary of the State or a local authori­ty or publi......cute the officers responsible. The appeal is dismissed with the above observations without any order as to costs. Ed. This Case is also Reported in: 9 ADC (2012) 816, 18 BLC (AD) (2013) 54. ..

Category: Environmental Law | Date: 8 Nov, 2010 | Hits: 258

British American Tobacco Bangladesh Company Ltd. Vs. Begum Shamsun Nahar, 2010, 39 CLC (AD)

.... passed by the High Com Division in Civil Revision No.3544 of 2005) Judgment Md. Muzammel Hossain J.- This petition for leave to appeal under Article 103 of the Constitution of People's Republic of Bangladesh is directed against the judgment and order dated 19-8-2008 passed by a Divisio......dings and obser­vations we do not find any merit in the leave peti­tion. Accordingly, the leave petition is dismissed. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 80. ..

Category: Women and Children | Date: 13 Oct, 2010 | Hits: 21

Orascom Telecom Bangladesh Limited Vs. National Board of Revenue and others, 2010, 39 CLC (HCD)

....d Pratikar Chakma, Assistant Attorney General - For the respondent No. 4. Writ Petition No.3477 of 2010 (An application under Article 102(2)(a)(ii) of the Constitution of the People's Republic of Bangladesh.) Judgment Md. Ashfaqul Islam J. - At the instance of the petitioner......etitioner prefers appeal before the Tribunal, the limitation in preferring the appeal would not operate as a bar in that event. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 319. ..

Category: Fiscal/Taxation Law | Date: 7 Oct, 2010 | Hits: 174

Ain O Salish Kendra Vs. Bangladesh, 2010, 39 CLC (HCD)

....eed employment at a reasonable wage having regard to the quantity and quality of work; (c) the right to reasonable rest, recreation and leisure; and the right to social security, that is to say to public assistance in cases of undeserved want arising from unemployment, illness or disablement, or ...... (2011) HCD 36, 8LG (2011) HCD 1. ..

Category: Women and Children | Date: 5 Sep, 2010 | Hits: 261

Rehana Begum and another Vs. State, 2010, 39 CLC (HCD)

....sult, the appeal is dismissed. Send down the Lower Court Record at once. Communicate the order at once. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 75; 30 BLD (HCD) (2010) 448. ...... the prosecution case. 36. It has been recorded in the Judgment pronounced by the learned tribunal that at the time of trial the investigation officer (I.O) S.I. Mr. Zahidul Islam was on duty in a peace keeping mission at abroad and it was not possible to produce him before the Court before the m..

Category: Women and Children | Date: 1 Aug, 2010 | Hits: 227

Monir Hossain (Md.) and anothers Vs. Bangladesh and others, 2010, 39 CLC (AD)

....itive and prized one and in such competitive examination "Transparency in the recruitment process was also necessary not only for the service but also for the Commission in order to maintain the public confidence in such constitutional commission."……………&h......No.2081 of 2008. The petition is accordingly dismissed. Ed. This Case is also Reported in: 16 BLC (AD) (2011) 41, VIII ADC (2011) 404, 8 LG (AD) (2011) 141, 16 MLR (AD) (2011) 245. ..

Category: Employment/Service Law | Date: 11 Jul, 2010 | Hits: 104

Bangladesh Legal Aid and Services Trust and Others Vs. Government of Bangladesh and Others, 2010, 39 CLC (HCD)

....0). Writ Petition No. 5863 of 2009 with Writ Petition No.754 of 2010 and Writ Petition No. 4275 of 2010. (An application under Article 102 of the Constitution of the People's Republic of Bangladesh.) Judgment Syed Mahmud Hossain J.- Writ Petition Nos. 5863 of 2009, 754 o...... Children's Affairs and the Inspector General of police by a special messenger of the Court at the costs of the office. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 61; 63 DLR (2011) 1...

Category: Women and Children | Date: 8 Jul, 2010 | Hits: 335

Chairman, National Board of Revenue (NBR) Vs. Advocate Zulhas Uddin Ahmed and others, 2010, 39 CLC (AD)

....4. It appears that Article 18 of the Constitution which is in its fundamental State policy provides for; "(1) The State shall regard the raising of the level of nutrition and the improvement of public health as among its primary duties, and in particular shall adopt effective measures to preve......des for protection providing not to deprive a citizen's life and personal liberty except in accordance with law. Providing thereby that a citizen is to be allowed to maintain a smooth health care and peaceful life and assist maintenance thereof providing all the amenities including health and medica..

Category: Health Law | Date: 8 Jul, 2010 | Hits: 376

Aftab Automobiles Ltd Vs. Superintendent Customs, Excise & VA, 2010, 39 CLC (HCD)

....g to Taka 42,11,059 and claimed that amount. (v) Respondent No.2 not being a Vat officer had no authority to examine the docu­ments of the petitioner-company as the petitioner is not a "public enterprise" as defended in the Audit Code and such examination was not covered by the de...... 33. The order of stay granted earlier by the court stands vacated. Communicate the judgment to the respondents at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 138. ..

Category: Fiscal/Taxation Law | Date: 10 May, 2010 | Hits: 6

Kazi Md. Abdul Basit Vs. State, 2010, 39 CLC (HCD)

....Division committed illegality in passing the impugned judgment and order dated 10.02.2009 in discharging the Rule and failed to appreciate that no court shall take cognizance of the offence against a public servant under Section 25B(1) of the Special Powers Act, 1974 without the prior sanction of th......r arrived at a correct decision which does not require any interference by this Court. Accordingly, the leave petition is dismissed. This Case is also Reported in: 17 MLR (AD) (2012) 219. ..

Category: Criminal Law | Date: 13 Apr, 2010 | Hits: 119

Md. Tofazzel Hossain and others Vs. People's Republic of Bangladesh, 2010, 39 CLC (HCD)

.... Jurisdiction) Present: Md. Imman Ali J Md. Abu Tariq J Md. Tofazzel Hossain, Son of Late Hajee Asraf Ali and others……………………..Petitioner Vs. People's Republic of Bangladesh, represented by its Secretary, Ministry of Finance, Bangladesh Secretariat, R......f this Judgment and order. Ad interim direction granted earlier at the time of issuance of the Rule is hereby vacated. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 235. ..

Category: Civil Law | Date: 16 Mar, 2010 | Hits: 7

Sheikh Hasina Wazed Vs. Government of Bangladesh, 2010, 39 CLC (HCD)

....Sudha Sadan, House No.54, Road No.5, Dhanmondi Residential Area, Dhaka……………………......Petitioner Vs. Government of the People’s Republic of Bangladesh, represented by the Secretary for Ministry of Home Affairs, Bangladesh Secretar......squo;s entirety, but so far as the same relates to the Petitioner only. There will, however, be no order as to costs. Borhanuddin J.- I agree. Ed. This Case is also Reported in: ..

Category: Anti-Corruption Laws | Date: 9 Mar, 2010 | Hits: 228

Sheikh Hasina Vs. Bangladesh & others, 2010, 39 CLC (HCD)

...., Road No.5, Dhanmondi Residential Area, Dhaka.....................Petitioner Vs. Bangladesh, represented by the Secretary for Ministry, Cabinet Division, Government of the People’s Republic of Bangladesh, Bangladesh Secretariat, Secretariat Building, Ramna, Dhaka and others...............ption Act 1947, is set aside, so far as the same relates to the instant Petitioner only. There is no order on cost. Borhanuddin J. - I agree. Ed. This Case is also Reported in: ..

Category: Anti-Corruption Laws | Date: 4 Mar, 2010 | Hits: 102

Sheikh Hasina Vs. Bangladesh and others, 2010, 39 CLC (HCD)

....n, House No.54, Road No.5, Dhanmondi Residential Area, Dhaka...... Petitioner Vs. Bangladesh, represented by the Secretary for Ministry, Cabinet Division, Government of the People’s Republic of Bangladesh, Bangladesh Secretariate, Secretariate Building, Ramna, Dhaka and others.............uption Act 1947, is set aside, so far as the same relates to the instant Petitioner only. There is no order on cost. Borhanuddin J. - I agree. Ed. This Case is also Reported in: ..

Category: Anti-Corruption Laws | Date: 4 Mar, 2010 | Hits: 131

Humayun Khan @ Md. Humayun Khan and another Vs. Anti Corruption Commission and Others, 2010, 39 CLC (HCD)

....te, and Alfazuddln Vs. State, 45 DLR 352; Syed Mustafuzur Rahman Vs. State, 53 DLR 125; Bayazid (Md.) Vs. State, 61 DLR 772; Habibur Rahman Molla Vs. State, 61 DLR 1; Government of the People's Republic of Bangladesh Vs. Iqbal Hasan Mahmood alias Iqbal Hasan Mahmood Tuku, 60 DLR (AD) 147; Anti C......les is hereby vacated. Bail of the petitioners is cancelled. Let a copy of this judgment and order be transmitted at once. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 409. ..

Category: Anti-Corruption Laws | Date: 4 Mar, 2010 | Hits: 145

State Vs. Secretary, Ministry of Home Affairs, 2010, 39 CLC (HCD)

....e done is morally wrong and also palpably illegal………………………….(32) The Children Act, 1974 (Act No. XXXIX of 1974); sections 17, 46 Section 17 of the Children Act prohibits the publicity in relation to any child who is involved in any case or proceeding in any Court under the ......rection that a copy be kept in the dossier of the two learned Magistrates concerned. Md. Abu Tariq J. - I agree. This Case is also Reported in: 16 MLR (AD) (2011) 254; 30 BLD (HCD) (2010) 265. ..

Category: Women and Children | Date: 1 Mar, 2010 | Hits: 177

Ayrin Akhter Lypi Vs. Bahadur Khan and another, 2010, 39 CLC (HCD)

....his judgment and order to the Court concerned for inf6rination and necessary action. Ed. This Case is also Reported in:19 BLT (HCD) (2011) 488; 15 MLR (HCD) (2010) 139; 30 BLD (HCD) (2010) 280. ......his judgment and order to the Court concerned for inf6rination and necessary action. Ed. This Case is also Reported in:19 BLT (HCD) (2011) 488; 15 MLR (HCD) (2010) 139; 30 BLD (HCD) (2010) 280. ..

Category: Women and Children | Date: 27 Jan, 2010 | Hits: 156

Paresh Chandra Biswas Vs. Sree Sree Shashan Kalimata Idol and others, 2009, 38 CLC (HCD)

.... endowed with property, and it is a valid religious trust to dedicate property for perpetuating the worship of an idol. That the idol is a household or family idol and is not meant for worship by the public does not make it any less and valid object of charitable trust." The distinction which i......he result, the appeal is dismissed with costs. The connected Rule is discharged. Send down the lower Court records at once. Ed. This Case is also Reported in:61 DLR (HCD) (2009) 679. ..

Category: Others, Property Law | Date: 16 Dec, 2009 | Hits: 94