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M/S. Ace Traders Vs. M. V. DIJENDRALAL and Others, 2011, 40 CLC (HCD)

....es Insurance Company Limited on contest and also against the defendant Nos.1, 2, 3, 5, 7, 9 and 10 ex parte. However, there shall be no order as to costs. Ed. This Case is also Reported in: ......or any advances, loan, or disbursements, is endangered by the exposure of insurable property to maritime perils; (c) Any liability to a third party may be incurred by the owner of, or other person interested in or responsible for, insurable property, by reason of maritime perils. “Maritime p......urisdiction)                 Present: AFM Abdur Rahman J       M/S. Ace Traders, Zerin Mansion 55, Motijheel Commercial Area, P. S. Motijheel, Dhaka-1000, represented by its proprietor......es Insurance Company Limited on contest and also against the defendant Nos.1, 2, 3, 5, 7, 9 and 10 ex parte. However, there shall be no order as to costs. Ed. This Case is also Reported in: ..

Category: Admiralty Law or Maritime Law | Date: 27 Apr, 2011 | Hits: 64

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

....j 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 equipped with dao, stick, cut rifle, iron rod and knife had appeared in front of her h......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: ......re released from their bail bonds. Send down the lower Court records. Naima Haider J.- I agree. This Case is also Reported in: ......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: ..

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

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

.... Division further directed the Election Commission to intimate the fact of completion of the said process through the office of the Registrar. The High Court Division also observed that the qualified persons who are, however, entitled to be enlisted in the electoral roll may have their names includ&......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. ......o 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

ATM Qamuzzaman Khan Vs. State and another, 2011, 40 CLC (HCD)

....minal liability. Because such a loss can be considered to have been caused in all possibilities due to misjudgment or lack of due care short of criminal intent and motive on the part of the person or persons who took the decision........................(39) Lawyers Involved: Main Uddin, Ad......s transacted or about to be transacted by hint, or having any connection with the official functions of himself or any public servant to whom he is subordinate, or from any person whom he knows to be interested in or related to the person so concerned, or (c)  if he dishonestly or fraudule......his order at once and send down the lower Court's records expeditiously. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 442. ......o discharged from his bail bond. Communicate this order at once and send down the lower Court's records expeditiously. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 442. ..

Category: Criminal Law | Date: 29 Mar, 2011 | Hits: 3

Md. Zaved Khan Vs. Anti Corruption Commission and others, 2011, 40 CLC (HCD)

....vided by law referred to above. So we are not ready to entertain the writ petition. Hence the application is summarily reject­ed. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 221. ......xure-A and A1 to the supplementary affidavit though it does not disclose his name in any way. The petitioner has to seek relief in the form of releasing the account of Unipay 2U Bangladesh Ltd. as an interested person, contemplated in Section 15 of the মানিলন্ডারিং প্র...... to entertain the writ petition. Hence the application is summarily reject­ed. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 221. ......vided by law referred to above. So we are not ready to entertain the writ petition. Hence the application is summarily reject­ed. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 221. ..

Category: Criminal Law | Date: 22 Mar, 2011 | Hits: 75

Zahidur Kazi and others Vs. State, 2011, 40 CLC (HCD)

..../30 of the Nari-O-Shishu Nirjatan Daman Ain, 2000, rejecting the prayer for bail of the appellants. 2. On 7.4.2010 one Sabeda Begum lodged an FIR with the Narail Police Station against 4 accused persons alleging that on 1.2.10 on the way back from her school informant daughter Sarmin Sultana wa......to cancel the bail, if the accused appellants misuse in any way the privilege of bail. Communicate the order. Md. Ashraful Kamal J. - I agree. Ed. This Case is also Reported in: ......e in any way the privilege of bail. Communicate the order. Md. Ashraful Kamal J. - I agree. Ed. This Case is also Reported in: ......to cancel the bail, if the accused appellants misuse in any way the privilege of bail. Communicate the order. Md. Ashraful Kamal J. - I agree. Ed. This Case is also Reported in: ..

Category: Women and Children | Date: 22 Mar, 2011 | Hits: 77

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

.... brother-in-law's house, on the way near the house of the convict, she was caught and raped by the convict. The convict then ensured her to marry and asked her not to disclose the matter to any other persons. At this the P.W.1 remained silent and did not disclose the fact. But subsequently she becam......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.......nce, 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.......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...

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

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

....sions as such to this effect in the Income Tax ordinance 1922. Therefore, it is our considerate view that this is a special privilege that has been given by the legisla­ture to a certain group of persons dealing with some particular business and in all fairness the legislature never wanted that ......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. ......rt 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)

....w below his right chest with a sharp knife while the Appellant Chunnu gave him a blow on his left-wrist with sharp knife. Accused Md. Alia @ Ali gave another blow on the right-wrist and other accused-persons also dealt different blows on him with hockey- sticks and other weapons carried by them. Upo......icting and sentencing the Appellants. In the result, both the appeals are dismissed. Send down the lower Court record. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 127 ......sult, both the appeals are dismissed. Send down the lower Court record. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 127 ......icting and sentencing the Appellants. In the result, both the appeals are dismissed. Send down the lower Court record. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 127 ..

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

Md. Nazim Vs. State, 2011, 40 CLC (HCD)

....ial Tribunal No.10, Dhaka for trial, who by the order dated 28.11.04 after taking cognizance framed charge under section 19A of the Arms Act against the petitioner, which was read over to the accused persons wherein he pleaded not guilty and claimed to be tried. 6. During trial the prosecution ex...... once if not wanted in connection with any other case. Send down the L.C. records at once along with the judgment. AKM Zahirul Haque J. - I agree. Ed. This Case is also Reported in: ......r case. Send down the L.C. records at once along with the judgment. AKM Zahirul Haque J. - I agree. Ed. This Case is also Reported in: ...... once if not wanted in connection with any other case. Send down the L.C. records at once along with the judgment. AKM Zahirul Haque J. - I agree. Ed. This Case is also Reported in: ..

Category: Women and Children | Date: 13 Mar, 2011 | Hits: 133

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

....shed under the Grameen Bank Ordinance, 1983. It appears from the pre-amble of the Ordinance that the purposes of establishing the Bank were to provide credit facilities and other services to landless persons in the rural areas and to provide for matters connected therewith or incidental thereto. ......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. ......din 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

Kazol and others Vs. State, 2011, 40 CLC (HCD)

....l and renumbered as Sessions Case No. 85 of 2005 wherein a charge was so framed against the appellants with other co-accused under section 302/34 of the Penal Code, which was read over to the accused persons, wherein they pleaded not guilty and claimed to be tried. 5. During trial the prosecution......e directed to set at liberty at once if not wanted in connection with any other case. Send down the L.C. records at once. AKM Zahirul Haque J.- I agree. Ed. This Case is also Reported in: ......ted in connection with any other case. Send down the L.C. records at once. AKM Zahirul Haque J.- I agree. Ed. This Case is also Reported in: ......e directed to set at liberty at once if not wanted in connection with any other case. Send down the L.C. records at once. AKM Zahirul Haque J.- I agree. Ed. This Case is also Reported in: ..

Category: Criminal Law | Date: 2 Mar, 2011 | Hits: 48

Shammi Yasmin @ Suma alias Sreemoti Rafiqa Rani and others Vs. State, 2011, 40 CLC (HCD)

....O-Shishu Nirjatan Daman Ain, 2000 (as amended 2003) 3. Prosecution case in short is that on 19.03.10 one Rabi alias Sree Rabi Malo lodged an FIR with the Pachbibi Police Station against 3 accused persons alleging inter alia that the informant’s daughter Rafiqa Rani is a student of Class –IX ...... 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: ......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)

.... the plain­tiff, not being the owner and possessor and having no right, title, interest and possession over the assets of Hussain Fabrics Ltd. got 10 Ansars posted there­in. Some unscrupulous persons had tried to dispos­sess the defendants from the land allotted to the defendant No.1 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. ...... 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)

....free-of charge, and all objections shall as far as practicable, he made in such forms. Along with the original objection, the objector shall file a copy or copies of the same for service on all other persons who, in the opinion of the Revenue-Officer are materially interested in the case. The Revenu...... made in such forms. Along with the original objection, the objector shall file a copy or copies of the same for service on all other persons who, in the opinion of the Revenue-Officer are materially interested in the case. The Revenue-Officer shall issue notice informing the objector and all other ......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

Rupali Bank Ltd., Dhaka Vs. M/S. Brick Linkers Ltd. and Others, 2011, 40 CLC (AD)

....ue to the plaintiff, together with such amount as may have been adjudged due in respect of subsequent costs, charges, expenses and interest, and the balance, if any, be paid to the defendant or other persons entitled to receive the same. 8. Sub-rule (2) provides "The Court may, on good cause show......em. The appeal is dismissed with the above observations without any order as to costs. Ed. This Case is also Reported in: 31 BLD (AD) (2011) 92, 16 BLC (AD) (2000) 107, VIII ADC (2011) 523 ......Case is also Reported in: 31 BLD (AD) (2011) 92, 16 BLC (AD) (2000) 107, VIII ADC (2011) 523 ......em. The appeal is dismissed with the above observations without any order as to costs. Ed. This Case is also Reported in: 31 BLD (AD) (2011) 92, 16 BLC (AD) (2000) 107, VIII ADC (2011) 523 ..

Category: Banking Law | Date: 15 Feb, 2011 | Hits: 189

Bangladesh National Women Lawyers Association Vs. Cabinet Secretary, Bangladesh Secretariat, Dhaka and others, 2011, 40 CLC (HCD)

....at she may be self-reliant in future. It is further stated that respondent No. 3 is also taking steps to make people aware by making publicity so that maid-servants and other similarly placed working persons get protection from the State functionaries by making enforcement of fundamental rights in e...... the government. 5. The cases relating to the violence upon the domestic workers must be monitored and prosecution of the perpetrators must be ensured by the government. We note with dismay the disinterested and sometimes motivated way in which the prosecution conducts the investigation and trial......OM AND OUTSIDE LAW AND ROLE OF GOVT. AND CIVIL SOCIETIES IN BANGLADESH , 36-37 (2009) [hereinafter SCSD REPORT ON CHILD DOMESTIC WORKERS]. ...... the houses do so from early morning till late at night and even children are obliged to do all the work of any adult. She further submits that as a result the children are deprived of their right to education and to enjoy their childhood. Children of tender years are engaged in hazardous work not s..

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

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

....mitted that another person as mentioned in section 138 of the Act indicates other than the drawer himself and in the instant case the "Drawee" and the "Drawer" being two different persons and the cheque having been dishonoured on presentation for encashment the offence under sect...... 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. ......ve, 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)

....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. ......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. ......reinabove. Md. Imman Ali J. - I agree. Ed. This Case is also Reported in: 31 BLD (HCD) (2011) 324, 18 BLC (HCD) (2013) 290. ......ress the issue of sexual abuse, sexual harassment, eve-teasing, stalking in order to protect and safeguard the rights of the women and girls in our society in their homes and on their way to and from educational institutions/schools/colleges and other public places wherever necessary. In view of the..

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

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

....y inserting, in accordance with the provisions of this Order, in the ballot box, a ballot paper in the prescribed form." 10. Moreover, Article 27 enumerates detailed provisions about the persons who are entitled to cast their votes by postal ballot and the procedures applicable theret......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. ...... Ed. This Case is also Reported in: 65 DLR (AD) (2013) 283. ......ered along with an affidavit signed by the candidate which shall include the following information and partic­ulars, namely— (a)  an attested copy of the certificate of his highest educational qualification; (b) whether at present he is accused of any criminal offence or not..

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