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Nazrul Islam Talukder (Md.)Vs. Bangladesh & another, 2010, 39 CLC (HCD)

....utiny it is found that the petitioner does not have requisite qualification for being licenced as a Nikah Registrar. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 87.   ......utiny it is found that the petitioner does not have requisite qualification for being licenced as a Nikah Registrar. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 87.   ......utiny it is found that the petitioner does not have requisite qualification for being licenced as a Nikah Registrar. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 87.   ......utiny it is found that the petitioner does not have requisite qualification for being licenced as a Nikah Registrar. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 87.   ..

Category: Family Law | Date: 6 Dec, 2010 | Hits: 9

Syed Wahid Iqbal Vs. Bangladesh, 2010, 39 CLC (AD)

....not require any interference by this Division. Accordingly, the leave petition is dismissed. Ed. This Case is also Reported in: 65 DLR (AD) (2013) 308; 21 BLT (AD) (2013) 309. ......arties, perused the impugned judgment ad order passed by the High Court Division and also other materials available on record. 9. In the instant case it appears that the peti­tioner being the member of Dullah Begum South Para Krishi Samabaya Samity having come to know that the Election Comm......not require any interference by this Division. Accordingly, the leave petition is dismissed. Ed. This Case is also Reported in: 65 DLR (AD) (2013) 308; 21 BLT (AD) (2013) 309. ......not require any interference by this Division. Accordingly, the leave petition is dismissed. Ed. This Case is also Reported in: 65 DLR (AD) (2013) 308; 21 BLT (AD) (2013) 309. ..

Category: Civil Law | Date: 6 Dec, 2010 | Hits: 5

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

....the Code of Criminal Procedure has implicated her as an abettor of the alleged substantive offence punishable under section 409 of the Penal Code and in this perspective, it is quite illogical and preposterous to saddle her with any criminal liability under sections 409/109 of the Penal Code. 6......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. ......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. ......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)

....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. ......…..(20) Conversely, if the said class or group who are injured by the action do not wish to claim a right or relief against such inva­sion and accept such act or omission with­out protest, no member of the public or organisation making the relief has suffered a secondary public injury can ma......e of Bihar, AIR 1979 S.C. 1369 ; Khatri Vs. state of Bihar, AIR 1981 S.C. 928; BRAC Vs. Professor Mozaffar Ahmed, 54 DLR (AD) 36; Dr. Mohiuddin Farooque Vs. Bangladesh, 49 DLR (AD) 1; BALCO Employees Union (Regd) Vs. Union of India, 2001 AIR SCW 5135; S. P. Gupta Vs. Union of India, 1981 (Supp) SCC ......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)

....-6-2002 for an amount of Taka 10,00,000 and misappropriated the same without spending for the interest of Muktijoddha. 4. It was also stated in the alleged FIR that prior to resignation from the post of Chairman, Redwan Ahmed paid Taka 20, 00,000 to Kabir Ahmed and Shah Alam in presence of pres......ted in the alleged FIR that prior to resignation from the post of Chairman, Redwan Ahmed paid Taka 20, 00,000 to Kabir Ahmed and Shah Alam in presence of present Vice Chairman Shafiqul Islam Robi and member Sattar Shaheb of the Muktijoddha Council in presence of the informant but Kabir Ahmed and Sha......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. ......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

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

...."Lady Confidential Typist" vide Memo No.SE/1 dated 17-1-1985 with effect from 1-1-1985. After her appointment, considering her performance in service she was upgraded twice in 1996 and 2001 to the post of Secretary and Co­ordination Officer respectively. Since- 1986 the plaintiff was the sole p......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. ......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. ......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

Deen Mohammad Vs. Bangladesh Bank and others, 2010, 39 CLC (HCD)

....on 17(1) is a pre-condition to bring the "defaulter" within the scope of section 17(6) of the Act. In this regard he contends that the legislature has promulgated special law with a view to seize the post of Director of any other Bank when he is found to be defaulter as contemplated in section 17(1)......ereby vacated. Let a copy of the Judgment be sent to the concerned authority at once for information and necessary action. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 506. ......ereby vacated. Let a copy of the Judgment be sent to the concerned authority at once for information and necessary action. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 506. ......ereby vacated. Let a copy of the Judgment be sent to the concerned authority at once for information and necessary action. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 506. ..

Category: Banking Law | Date: 12 Oct, 2010 | Hits: 423

Nurul Majid Mahmood Humayun Vs. Brigadier General Hassan PSC (Rtd.) and others, 2010, 39 CLC (AD)

....ssues both of law and facts arise in the same suit and the court is of opinion that the suit or any part thereof may be disposed of on the issue of law, the court shall try those issues first and may postponed the settlement of the issues of fact until after the issues of law have been deter­min...... XIV, rule 2 of the Code of Civil Procedure, 1908. 2. The present respondent No.1 filed Election Petition No.4 of 2009 before the High Court Division stating, inter alia, that he being a veteran member of a political party, namely, Jatiyo Party was nominated by the Party on 17 November, 2008 fo......indings 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: 19 BLC (AD) (2013) 89. ......indings 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: 19 BLC (AD) (2013) 89. ..

Category: Civil Law, Election Law | Date: 7 Oct, 2010 | Hits: 8

Khurshed Alam Vs. Abul Kalam and others, 2010, 39 CLC (AD)

.... Facts relevant to disposal of this petition for leave to appeal, in short, are that the Deputy Administrator of Waqf, Bangladesh by his order dated 30.05.2001 removed the present petitioner from the post of mutawalli of Abdul Aziz Sareng waqf and in his place appointed respondent No.1, Abul Kalam, ......the Ordinance read with the waqf deed made by the Waqif. With the above observation this petition for leave to appeal is dismissed. This Case is also Reported in: 17 MLR (AD) (2012) 233. ......the Ordinance read with the waqf deed made by the Waqif. With the above observation this petition for leave to appeal is dismissed. This Case is also Reported in: 17 MLR (AD) (2012) 233. ......the Ordinance read with the waqf deed made by the Waqif. With the above observation this petition for leave to appeal is dismissed. This Case is also Reported in: 17 MLR (AD) (2012) 233. ..

Category: Trust/Waqf Law | Date: 7 Oct, 2010 | Hits: 177

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

....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. ......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. ......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. ......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)

....s sub-section no account shall be taken of a space which is more than 4.25 metre above the level of the floor of the room. (3) If the Chief Inspector by order in writing so requires, thee shall be posted in each work-room of an establishment a notice specifying the maximum number of workers who m......নিরাপত্তা কাউন্সিল), which comprises of the Honourable Minister of the Ministry of Manpower and Expatriates Welfare and Foreign Employment and also includes 21 other members from various ministries as well as factory owners. This Committee was formed by way of gazet...... (2011) HCD 36, 8LG (2011) HCD 1. ...... (2011) HCD 36, 8LG (2011) HCD 1. ..

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

Ferdous Khan @ Alamgir Vs. Islami Bank Bangladesh Ltd. and another, 2010, 39 CLC (HCD)

....as required under section 138(1)(b) of the Act for payment of the amount due under the dishonored cheques, with in 30 (thirty) days from the date of receipt; that the notice was sent under registered post with acknowledgement due and the accused received the same on 10-3-2008, but the accused did no...... against the company and thereby to make it a co-accused at a subsequent stage. 14. The accused petitioner Ferdous Khan is not the drawer of the cheque and company is an entity distinct from its members (share-holders and the directors), as already decided in the Punjtih Ali's case, 29 DLR (SC)......d from his bail bond. The order of stay granted earlier by this Court shall stand vacated. Communicate the order at once. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 540. ......d from his bail bond. The order of stay granted earlier by this Court shall stand vacated. Communicate the order at once. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 540. ..

Category: Banking Law | Date: 1 Aug, 2010 | Hits: 657

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

....completed inquest, made arrangement for medical examination concerning rape as well as registered an U.D. Case No.39 of 2001 dated 29.07.2001 in connection with the suicide and sent the dead body for post mortem to the Sadar Hospital, Natore. Considering all these alongwith the post mortem report, t...... জোরপূর্বক তাহার সম্ভ্রম নষ্ট করিয়াছে সে আর বাঁচিয়া থাকিতে চায় না।” Thereafter the U.P. member Abdur Rashid and other neighbors came, having heard about this incident. The informant furthe......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. ......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

S.M. Saiful Hasan Vs. Director General, Bangladesh Sugarcane Research Institute and others, 2010, 39 CLC (HCD)

....on) on 5.4.1975 as an Assistant Field Agronomist. He was subsequently transferred to Carew and Company Sugar Mills on 4.3.1976 at the same pay scale. Thereafter, he was promoted on 1.1.1980 to the post of Publication Officer and was placed with the then Sugarcane Research and Training Institute ......SRI. That earlier the petitioner sent filthy and anonymous letters to different quarters including the office of the Prime Minister, Ministry of Agriculture, Ministry of Establishment, even to the members of the Management Board of BSRI which he admitted during the course of departmental proceed......here will be no order as to costs. The order of stay granted earlier by this court stands vacated. Zubayer Rahman Chowdhury J. - I agree. Ed. This Case is also Reported in: ......here will be no order as to costs. The order of stay granted earlier by this court stands vacated. Zubayer Rahman Chowdhury J. - I agree. Ed. This Case is also Reported in: ..

Category: Employment/Service Law | Date: 18 Jul, 2010 | Hits: 5

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

....cess not transparent The PSC after consideration of the pros and cons of the matter was of the opinion that the recruitment process was not transparent. The High Court Division observed that the posts were competitive and prized one and in such competitive examination "Transparency in the ......any respect for disagreeing with the advice of the Commission". It is asserted that the impugned order of cancellation of viva-voce was made in accordance with law. It is further stated that one member of the PSC (Dr. Mahfuzur Rahman) was involved in a graft suspect case initiated by the Anti-C......legitimate expectation. Therefore any recommendation of a candidate for any posts do not acquire any right to the said posts………..(12) Cases Referred To- Shankarasan Vs. Union of India, (1991) 3 SCC 47; State of Haryana Vs. Subhash Chandra Marwala, (1974) 3 SCC 220; Nee......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)

....x. Doctor found injuries on her body. The injuries mentioned by the doctor as found by the Deputy Commissioner are quoted below: "Description of injuries: one oblique swelling at Rt. lumber region posterior size 2" X 1/2” weapons used: Blunt weapon. Age of hurts: 12-15 hours back. Nature of hur......earn from a newspaper report published in "The Daily Prothom Alo" on 24.5.2009 that a woman in Noagoan village, Biteshor Union, Daudkandi Upazila, Comilla had been subjected to 39 lashes by community members, allegedly following a village salish in which certain persons had purported to pronounce th...... for direction. A few of them are stated below: 5. The petitioners came to learn from a newspaper report published in "The Daily Prothom Alo" on 24.5.2009 that a woman in Noagoan village, Biteshor Union, Daudkandi Upazila, Comilla had been subjected to 39 lashes by community members, allegedly fo......r orders passed as to this Court may seem fit and proper. 3. This Writ Petition has been filed by petitioner No.1 Bangladesh Legal Aid and Services Trust (BLAST), petitioner No.2 Bangladesh Mahila Parishad, petitioner No.3 Ain-O-Salish Kendra (ASK), petitioner No. 4 BRAC and petitioner No. 5 Nije..

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

Abul Hashem Vs. State, 2010, 39 CLC (HCD)

.... and prepared the seizure list and in the mean­time, the Officer-in-Charge of Kasba Police Station prepared the inquest report and sent the dead body to the Brahmanbaria Sadar Hospital morgue for post-mortem examination. The Investigation officer examined the witnesses and recorded their stateme......may be killed by another persons and not by the present appellants even the defence had given suggestion that the place of occur­rence is a border area and a smuggling Zone and the deceased was a member of the said smuggling party and for their internal enmity he may be killed by the enmities of......, Brahmanbaria against accused Abul Hashem for the allegation of illicit relationship with Parveen Akhter, wife of his brother. Abdul Hakim who was in abroad and the said matter was compromised by Ex-Union council Chairman, Advocate Anisul Hoque who gave serious punishment. This P.W. further deposed......re list. He proved his signature in the seizure list as marked Exhibit No.7. In cross-examination by the defence this P.W. stated that he was a candidate of the post of chairman in the previous Union Parishad election. He denied the defence suggestion that he is the party man of the informant and th..

Category: Evidence Law | Date: 26 May, 2010 | Hits: 8

Roshanally Mohamed Harji and another Vs. AKM Zakir Hossain and another, 2010, 39 CLC (HCD)

.... the formal agreement and intimated his readiness to pay of the balance consideration, but defendant No.1 deferred the matter on different pleas. On 12-3-1998 plaintiff send a letter under registered post requesting defendant No.1 to execute and register the necessary deed of sale within 15 days of ......is learned advocate, Mr. Salamat Khan got legal notice published in the Daily Ittefaq dated 6-4-1998 disclosing the agreement and warned concerned person not to deal with defendant No.1 or his family members as regards land in suit. Against this legal notice, defendant No.1 also served a legal notic......ut any order as to costs. Sent down the lower Court record. Communicate this order at once. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 85; 20 BLT (HCD) (2012) 532 . ......ut any order as to costs. Sent down the lower Court record. Communicate this order at once. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 85; 20 BLT (HCD) (2012) 532 . ..

Category: Property Law | Date: 12 May, 2010 | Hits: 133

Abu Borhan Khan Khokon Vs. The State & another, 2010, 39 CLC (HCD)

....ledge of such receipt of notices. Moreover the case of the complainant is that the legal notices under section 138 (1) (h) of the Negotiable Instruments act was issued on 2.11.2006 through registered post with AD: that it is presumed as per the provision of law that the said notices have been duly s...... The order of stay granted earlier shall stands vacated. Send a copy of this judgment to the Court concerned for compliance. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 300....... The order of stay granted earlier shall stands vacated. Send a copy of this judgment to the Court concerned for compliance. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 300....... The order of stay granted earlier shall stands vacated. Send a copy of this judgment to the Court concerned for compliance. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 300...

Category: Banking Law | Date: 25 Apr, 2010 | Hits: 177

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

....5. It is stated that the accused-petitioner was appointed as Inspector on 10.10.1977 by Collector, Customs and Excise, Dhaka as the Second Class Gazetted Officer and thereafter he was promoted to the post of Superintendent by order of the Government as First Class Non-Cadre Gazetted Officer. He was ......ing to pecuniary interest of the Government or to prevent the infraction of any law for the protection of the pecuniary interests of the Government. A line is required to be drawn between the general members of the community and certain classes of persons in the service or pay roll of the government......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. ......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