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Major (Retd.) Nurullah and another Vs. State and Bother, 2011, 40 CLC (HCD)

....n view of foregoing narrative, the application is rejected summarily. Office is directed to communicate the order at once. Ed. This Case is also Reported in: 17 BLC (HCD) (2012) 831. ...... have gone through the record and given our anxious consideration to his submissions. 7. On going to materials on record it transpires that the first information report, statements of the victim recorded under section 22 of the Ain, charge sheet and other materials clearly disclose the offence ......ejected summarily. Office is directed to communicate the order at once. Ed. This Case is also Reported in: 17 BLC (HCD) (2012) 831. ......n view of foregoing narrative, the application is rejected summarily. Office is directed to communicate the order at once. Ed. This Case is also Reported in: 17 BLC (HCD) (2012) 831. ..

Category: Women and Children | Date: 8 Mar, 2011 | Hits: 90

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: ......ubmits that the victim is not a minor girl and is not a child as per definition of child given under section 2 (ta) of the Nari-O-Shishu Nirjatan Daman Ain, when the victim herself in her deposition, recorded under section 22 of the Nari-O-Shishu Nirjatan Daman Ain, as well as her statement recorded......ill 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: ...... 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: ..

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)

.... that the defendants were prevented by sufficient cause from attending the Court but the High Court Division did not accept those documents and delivered the judgment without considering the same and wrongly shifted the burden of proof on the defendants-petitioners and, as such, the judgment and dec......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. ...... 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

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. ......land. Subsequently, Begum Rahima Hossain sold out 1.25 acres of land to Ms. Hena Khatun by a deed of sale No.4329 dated 04.10.1961. However, the names of Ms. Hena Khatun and other original heirs were recorded and published in S.A Khatian No.942, but their names were recorded separately during Revisi......ed. 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

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: ...... 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: ..

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

Md.Hasanul Islam Hanif Vs. State, 2011, 40 CLC (HCD)

....et the lower Court's record with a copy of this judgment and order be sent down to the concerned Court at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 237.   ...... 3. The police produced the petitioner before the Court of learned Chief Metropolitan Magistrate who sent the petitioner to the custody on 10-9-2004. The police took up the case for investigation and recorded the statements of the witnesses under section 161 of the Code of Criminal Procedure. Having...... judgment and order be sent down to the concerned Court at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 237.   ......et the lower Court's record with a copy of this judgment and order be sent down to the concerned Court at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 237.   ..

Category: Evidence Law | Date: 26 Jan, 2011 | Hits: 7

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

....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. ...... and for redressing the same. 9. Government shall take immediate steps to formulate law or amend the existing law for incorporating specific provisions giving evidential value to the audio/video recorded statements of victims or witnesses of sexual harassment so that the perpetrators can be pun......reinabove. 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. ..

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

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

....to participate in the election, spe­cially when there is no provision in the constitu­tion to that effect, erred in law in discharging the Rule. He further asserts that the High Court Division by wrongly comparing the submission of nomination-paper of an independent candidate for election to th......nstitution and the RPO, 1972 and, as such, the High Court Division erred in law in discharging the Rule. Mr. Kibria then submits that the High Court Division by ignoring the fact that every citizen recorded as voter can participate in contesting the election held for the Parliament subject to the...... Ed. This Case is also Reported in: 65 DLR (AD) (2013) 283. ......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)

....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.......the alleged occurrence took place at the instance of condemned-prisoner, Noor Islam, husband of the victim, Shilpi Khatun and that all the condemned-prisoners voluntarily made confessional statements recorded under Section 164 of the Code of Criminal Procedure wherein they confessed that as per plan......efault 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

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. ......ion and placed in the verandah, the sequential link pertaining to who may have actually so strung the body up and again and at what time may have brought it down remains unexplained by wit­nesses, unrecorded in the records and unconsidered in the judgment. It is noted that in an attempt to supply t......ediately. 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

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

.... Accordingly, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 171           ......on-2004 through backstage maneuvers and underhand means and accordingly it recom­mended the cancellation of their admission from the university. Furthermore, the names of the petitioners were not recorded in the Optical Mark Reader (OMR.) sheets of the university for the said academ­ic sessi......to costs. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 171           ...... 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

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

....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. ......d 16 of 2007 pending in the 3rd Court of the Special Judge, Dhaka in view of the fact that those 3(three) alleged abettors have been specifically implicated in the statements of some of the witnesses recorded under section 164 of the Code of Criminal Procedure, but this panorama has been disregarded...... 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. ......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

Fatema Begum Vs. The Artha Rin Adalat, Narayangonj and others, 2010, 39 CLC (HCD)

....a” on 2.2.2010 and 4.2.2010 respectively. In response thereto he participated in the auction bid quoting Taka 26, 80,000/= and became the highest bidder. He deposited Taka 6, 70,000/= on 28.2.2010 (wrongly typed as 28.10.2010 in the affidavit-in-opposition) and paid rest of the consideration (Taka...... photo copies there for. The office is directed to send a copy of this judgment to the Artha Rin Adalat, Narayangonj at once. Nazmun Ara Sultana J. - I agree. This Case is also Reported in: ......end a copy of this judgment to the Artha Rin Adalat, Narayangonj at once. Nazmun Ara Sultana J. - I agree. This Case is also Reported in: ...... photo copies there for. The office is directed to send a copy of this judgment to the Artha Rin Adalat, Narayangonj at once. Nazmun Ara Sultana J. - I agree. This Case is also Reported in: ..

Category: Banking Law | Date: 11 Nov, 2010 | Hits: 14

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

.... per provisions of the Act the respondent No.2 has been authorised to undertake improve­ment by relaying out of the land of any area. Mr. Fida M. Kamal, however, argued that this section 40 has been wrongly applied by the High Court Division and this alteration has been made in violation of section......he UMT, the writ respondent No.3 conducted investigation in the said area and submitted its report dated 3 September, 1996 which is supportive of the allegations of the residents. The said report has recorded the fact of deviation from the original Master Plan and factual­ly supported the concern o...... to costs. Ed. This Case is also Reported in: 9 ADC (2012) 816, 18 BLC (AD) (2013) 54. ......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

Redwan Ahmed Vs. Bangladesh, 2010, 39 CLC (HCD)

....il already granted to him by this Division. The order of stay granted earlier by this Court is hereby vacated and recalled. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 70. ......fence of the Anti-Corruption Commission Act 2004 was investigated into by the Anti-Corruption Commission (herein after referred to as ACC). The ACC investigated into the case and during investigation recorded the statement of the witnesses, collected the material on record, and after investigation s...... of stay granted earlier by this Court is hereby vacated and recalled. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 70. ......il already granted to him by this Division. The order of stay granted earlier by this Court is hereby vacated and recalled. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 70. ..

Category: Anti-Corruption Laws | Date: 25 Oct, 2010 | Hits: 211

Ayub Ali Sheikh alias Buna Vs. State, 2010, 39 CLC (HCD)

....ss his detention is required in connection with any other case. Send down the Lower Court Record at once. Communicate the order at once. Ed. This Case is also Reported in: 63 DLR (2011) 55.......occurrence. P.W.9, SI Abul Khair Sikder, the First Investigation Officer (IO), during his examination in chief, stated that on 29-8-2004 he was working under Rajbari Police Station. SI Ahsan Habib recorded the FIR as per statement of the informant Farida. Thereafter he was entrusted with the duty...... any other case. Send down the Lower Court Record at once. Communicate the order at once. Ed. This Case is also Reported in: 63 DLR (2011) 55.......ss his detention is required in connection with any other case. Send down the Lower Court Record at once. Communicate the order at once. Ed. This Case is also Reported in: 63 DLR (2011) 55...

Category: Women and Children | Date: 11 Oct, 2010 | Hits: 154

Hasura Begum Vs. Bangladesh and others, 2010, 39 CLC (HCD)

....nt be communicated to the IGP and to the Ministry of Home Affairs and other respondents at once.  Ed.  This Case is also Reported in: 63 DLR (HCD) (2011) 195; 30 BLD (HCD) (2010) 481. ......portunity to note down our views with regard to the refusal of the OC of Motijheel Police Station to record the information of a cognizable offence allegedly given to him on 17-11-2009 which was then recorded as a GD Entry No.1482 dated 17-11-2009. It is also alleged that another attempt to file a w......ome Affairs and other respondents at once.  Ed.  This Case is also Reported in: 63 DLR (HCD) (2011) 195; 30 BLD (HCD) (2010) 481. ......nt be communicated to the IGP and to the Ministry of Home Affairs and other respondents at once.  Ed.  This Case is also Reported in: 63 DLR (HCD) (2011) 195; 30 BLD (HCD) (2010) 481. ..

Category: Women and Children | Date: 24 Aug, 2010 | Hits: 187

Abdur Rashid Gazi Vs. Nur Ali Gazi and others, 2010, 39 CLC (HCD)

....he time of issuance of the Rule is hereby recalled and vacated. Send down the lower Courts' records immediately. Ed. This Case is also Reported in: 18 BLT (HCD) (2010) 315. ......n Bibi from whom the defendant No.1 purchased the land measuring 0.92 acres by a registered kabala dated 6.5.1969. Defendant No.1 further purchased 0.50 acres of land from Rabeya Khatun, the S.A. recorded tenant of S.A. Khatian No.92 on 21.6.1969 by a registered kabala. It was his further case......s' records immediately. Ed. This Case is also Reported in: 18 BLT (HCD) (2010) 315. ......he time of issuance of the Rule is hereby recalled and vacated. Send down the lower Courts' records immediately. Ed. This Case is also Reported in: 18 BLT (HCD) (2010) 315. ..

Category: Procedural Law | Date: 10 Aug, 2010 | Hits: 4

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. ...... she informed the police about the fact that the victim came back at about 1.30 p.m. She denied the suggestion that Asma willingly drunk poison. She further stated during cross that her statement was recorded by police and that “আসমা ঘটনাস্থল অর্থাৎ রেহা......e 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. ......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. ..

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

Dhirendra Nath Mondal Vs. Agrani Bank Ltd and others, 2010, 39 CLC (HCD)

....3 of 2001 is hereby affirmed. However, there will be no order as to costs. Send down the lower Court's record at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 301. ......3 of 2001 is hereby affirmed. However, there will be no order as to costs. Send down the lower Court's record at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 301. ......) (2013) 301. ......3 of 2001 is hereby affirmed. However, there will be no order as to costs. Send down the lower Court's record at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 301. ..

Category: Civil Law | Date: 7 Jun, 2010 | Hits: 6