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

....th the relevant law, but in spite of repeated objection raised by Bangladesh Bank as evident from its reports annexed to the writ petition, the Grameen Bank authority, of which the petitioner was the Chief Executive, did not take any effective steps in this regard and in such constraining situation,......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

Executive Chairman, Bangladesh Export Processing Zones Authority (BEPZA) Vs. M/s. Abdul Mannan and anothers, 2011, 40 CLC (AD)

....the defendants in the 1st Court of Joint District Judge, Comilla praying decree for realization of Taka 5, 19,258.00 from the defendants-petitioners. The plaintiff’s case, in short, is that the Chief Engineer, Bangladesh Export Processing Zone Authority (BEPZA) issued work order being No. BEPZ......ation thereof, we do not find any merit in these two leave petitions. Accordingly, these leave petitions are dis­missed. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 86. ......ation thereof, we do not find any merit in these two leave petitions. Accordingly, these leave petitions are dis­missed. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 86. ..

Category: Civil Law | Date: 23 Feb, 2011 | Hits: 10

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

.... tried to dispos­sess the defendants from the land allotted to the defendant No.1 the company and finding no other way the defendant No.2 filed a petition case bearing No. 5877 of 2001 before the Chief Metropolitan Magistrate, Dhaka alleging, inter alia, that there is a possibility to break the ......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

Shah Alam (Md.) Vs. State and another, 2011, 40 CLC (HCD)

....above Sessions Case were also stayed. 3. The relevant facts for disposal of the Rule are that the added opposite-party No.2 Mohammad Kamal Uddin Chowdhury lodged a Petition of Complaint before the Chief Metropolitan Magistrate, Chittagong on 29-4-2009 against the accused-petitioner Mohammad Shah ......e trial Court shall proceed with the case in accordance with law. Send a copy of the judgment and order to the Court below at once. Ed. This Case is also Reported in: 63 DLR (HD) (2011) 137. ......e trial Court shall proceed with the case in accordance with law. Send a copy of the judgment and order to the Court below at once. Ed. This Case is also Reported in: 63 DLR (HD) (2011) 137. ..

Category: Banking Law | Date: 6 Feb, 2011 | Hits: 361

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

.... upon the opposite-parties to show cause as to why the impugned 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 o...... 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

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

....e arms and bullet in his possession. Hence, the FIR was lodged against the petitioner under sections 19A and 19(f) the Arms Act. 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 u......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.   ......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)

....on the other hand, submits that some effective steps have already been taken by different Ministries and law enforcing agencies pursuant to the decision of a meeting held on 04.11.2010 chaired by the Chief Secretary to the Prime Minister and another Inter-Ministerial Meting held on 10.11.2010 chaire......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. ......ndents Judgment January 26, 2011. Result: The Rule is made absolute. Cases Referred To- Muhammad Sharif Vs. State, 9 D.L.R (1957) S. C. 27; State Vs. Metropolitan Police Commissioner; Mohammad Ershad Vs. Bangladesh & others, 21 BLD (AD) 2001 –69; 60 DLR (2008)..

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

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

.... Appellate Division (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. ......ppellate Division (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. Res......Division (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: ..

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.......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

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. ...... 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. ......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

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

....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.   ......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.   ......refore, 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: "The liability to repay arises the ..

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

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. ......gla­desh is directed against the judgment and order dated 6-10-2009 passed by the High Court Division in Writ Petition No.5277 of 2008 dis­charging the Rule without interfering the forma­tion of Election Committee for holding Election of Tangail Central Co-operative Bank Ltd. 2. The facts......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)

....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. ......ner without any supporting incrimina­ting materials on record cannot be sustained at all. It seems that the implication of thepetitioner in this case as an abettor as found by the Anti-Corruption Commission during the investigation of the case is predicated upon conjectures, surmises and specula..

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

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

....re being protected in moving the High Court Division and also did not move on behalf of other less fortu­nate persons of the society who had no source or means to invoke writ jurisdic­tion. Learned Chief Justice concluded his argument observing as under: "So, the petitioner can not move the Hig......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. ......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

Shanik Chandra Barmon Vs. State and another, 2010, 39 CLC (HCD)

....nst the accused-petitioner under sections 408/420 of the Penal Code after recording initial statementof the complainant under section 200 of the Code of Criminal Proceeding procedure. Thereafter, the Chief Judicial Magistrate sent the case for trial and the accused-petitioner submitted an applicatio......ccordance with the aforesaid Rules, 2007. Send a copy of the judgment and order to the Court below immediately. Ed. This Case is also Reported in: 66 DLR (HCD) (2014) 114   ......allegation attracting the criminal offence. The learned Advocate, however, concedes that since the offence under section 408 of the Penal Code has been included as schedule offence of Anti-Corruption Commission Act, 2004, the complaint ought to have been sent to the Commission for investigation. Acc..

Category: Anti-Corruption Laws, Criminal Law | Date: 2 Nov, 2010 | Hits: 5

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

.... without juris­diction. On this point he referred to the decision reported in 21 BLD (AD) 10 (Para-9) wherein it has been held: "A member of the Election Commission acting as the Acting Chief Election Com missioner could not exercise the power of the Election Commission constituted und......ch is absolutely a coram non judice, i.e. without juris­diction. On this point he referred to the decision reported in 21 BLD (AD) 10 (Para-9) wherein it has been held: "A member of the Election Commission acting as the Acting Chief Election Com missioner could not exercise the power o......of Corruption Act 1947 was started against the petitioner and others. 5. The FIR has been lodged under section 409 of the Penal Code and the same being a scheduled offence of the Anti-Corruption Commission Act 2004 was investigated into by the Anti-Corruption Commission (herein after referred t..

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

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

....igonj. We find that one Jabbar Ali aged 15 is being held in connection with Gopalganj G.R. No.164 of 2009, Case No.16 dated 17.07.2009 under section 302 of the Penal Code, now pending in the Court of Chief Judicial Magistrate, Gopalgonj, who was initially held in custody at the Pulerhat Kishore Unna...... Chief Judicial Magistrate. Let a copy of this judgment be communicated to the respondents at once. Obaidul Hassan J. - I agree. This case is also Reported in: 8 LG (2011) HCD 293. ...... Chief Judicial Magistrate. Let a copy of this judgment be communicated to the respondents at once. Obaidul Hassan J. - I agree. This case is also Reported in: 8 LG (2011) HCD 293. ..

Category: Women and Children | Date: 25 Oct, 2010 | Hits: 141

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

....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

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.......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.......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