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Sohrab Hossain (Md.) & others Vs. State & another, 2011, 40 CLC (HCD)
.... 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. ......, Dhaka should not be quashed and/or pass such other or further order or orders as to this Court may seem fit and proper. 2. Fact leading to the issuance of the Rule, in short, are that opposite-party No.2 as complainant filed a petition of complaint before the Chief Metropolitan Magistrate, Dh..Category: Others | Date: 3 Feb, 2011 | Hits: 4
Md. Nasurullah alias Nasu Vs. Artha Rin Adalat No. 4, Dhaka and others, 2011, 40 CLC (HCD)
....perty. Lat a copy of the judgment be communicated to the concerned executing Court for future guidance as well. Nazmun Ara Sultana J.- I agree Ed. This Case is also Reported in: ......n him, and also directed the parties to maintain status quo in respect of possession and position of the property in question. Thereafter respondent Nos. 5-7 filed another application for addition of party claiming themselves as subsequent purchasers from the auction purchaser, which was also allowe..Category: Banking Law | Date: 2 Feb, 2011 | Hits: 175
Md. Tota Howlader Vs. State, 2011, 40 CLC (HCD)
....f the appellant if he misuses the privilege of bail in any manner what so ever. Office is directed to communicate the order at once. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 355......., Advocate - For the appellant. Biswojit Roy, Deputy Attorney General, with Md. Moniruzzaman, Assistant Attorney General with Kazi Md. Mahmudul Karim, Assistant Attorney General - For the opposite party. Criminal Appeal No. 6672 of 2010 (Arising out of the Nari-O-Shishu Nirjatan Case No. 47..Category: Women and Children | Date: 1 Feb, 2011 | Hits: 178
Kanin (India)(P) Ltd. Vs. Registrar of Trade Marks, Dhaka and another, 2011, 40 CLC (HCD)
....ment be communicated and the record be sent back to the Registrar of Trade Marks, Dhaka immediately. Nazmun Ara Sultana J.- I agree. This Case is also Reported in: 18 BLC (HCD) (2013) 44. .......(8) Decision of Registrar no bar for appeal If a person whether juristic or natural is aggrieved by a decision of the Registrar of Trade Marks, can prefer an appeal in spite of being not a party in the original proceeding. A person aggrieved is never prohibited to present an appeal agains..Category: Intellectual Property Law | Date: 30 Jan, 2011 | Hits: 183
Mosharraf Hossain (Md.) and others Vs. Akhtar Hossain, 2011, 40 CLC (HCD)
....e suit No.308 of 2009 expeditiously in accordance with law. Send down the lower Court record. Communicate this order at once. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 218.......িষেধাজ্ঞা আরোপ করিয়া অপর এক ডিক্রী দিতে বিজ্ঞ আদালতের মর্জি হয়।” 3. Defendant opposite party No.1 who is full brother of the plaintiffs, in order to contest the suit, filed written statem..Category: Property Law | Date: 27 Jan, 2011 | Hits: 95
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: ...... papers and documents annexed therewith. There is no averment in the writ petition that the petitioner did not mortgage the property in favour of the respondent-bank, or no statement whether he was a party in the Artha Rin Suit, or any summon was served upon him in the suit, if any; or whether the s..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. ......volved: ABM Waliur Rahman Khan, Advocate—For the Petitioner. Kazi M. Ejarul Haque, Deputy Attorney General with Md. Shafquat Hussain, Assistant Attorney General—For the Opposite-party. Criminal Miscellaneous Case No.12955 of 2009. Judgment Md. Nazrul Islam Talukd..Category: Evidence Law | Date: 26 Jan, 2011 | Hits: 7
Mahbub Ahmed Chowdhury Vs. Chief Election Commissioner and others, 2011, 40 CLC (AD)
....d that amendment of a statute may have various meaning depending upon its context. Dictionary meaning of the word 'amendment' is change for a purpose of effecting improvement or removing any defect. The Appellate Division quoted with approval the definition of amendment stated in Crawford'...... submits that the High Court Division by not taking into consideration that there is no specific provision in the Constitution that the candidate must belong to a particular or specific political party, nor an independent candidate has been debarred to participate in the election and that t..Category: Constitutional Law | Date: 23 Jan, 2011 | Hits: 11
Md. Hamiduzzaman Vs. Joint District Judge, Artha Rin Adalat, Faridpur and others, 2011, 40 CLC (HCD)
....e may be, which have been deposited by them in favour of the decree holder-bank after issuance of the certificate. Nazmun Ara Sultana J.- I agree. Ed. This Case is also Reported in: ......55,468.00 (four crore one lac fifty-five thousand four hundred sixty-eight) only. The defaulting-borrower, Md. Aminuzzaman, Proprietor of M/S M. A. Zaman and his mother Mrs. Khodeja Zaman being third party mortgager were made defendant Nos.1 and 2 respectively in the suit. Although defendant No.1 (M..Category: Banking Law | Date: 20 Jan, 2011 | Hits: 233
Bangladesh Legal Aid and Services Trust Vs. Secretary, Ministry of Education, 2011, 40 CLC (HCD)
.... 63 DLR (2011) 643. An international organisation set up in 2001 to campaign for worldwide prohibition by law of all corporal punishment of children, whether by parents or schools. ......principles of international human rights law provide that every individual has a right to respect for his/her human dignity, physical integrity, and equal protection under the law. Bangladesh being a party to the Convention on the Rights of the Child (CRC), 1989, the International Covenant on Civil ..Category: Women and Children | Date: 13 Jan, 2011 | Hits: 248
State Vs. Alam, 2011, 40 CLC (HCD)
....dy 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 that defect, the PW 6 provides a digressional account events, differing substantially from other testim...... 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. ......okes the departed souls of the ancestors and make offerings to them to get their blessings. (b) In the evening when the bridegroom comes in a procession to the bride's place the bridal party is received with great hospitality and the bridegroom is given a ceremonious recepti..Category: Family Law, Hindu Law | Date: 6 Jan, 2011 | Hits: 15
Mahfuzur Rahman and another Vs. Government of Bangladesh and others, 2010, 39 CLC (HCD)
....2008. As the earlier order dated 19-11-2008 virtually merged with the subsequent decision of the university Syndicate taken on 27-12-2008 on the review applications (Annexure-T series), the defect/irregularity/illegality affecting the order dated 19-11-2008 was cured. This is more so hi vi...... fair hearing is now of universal application whenever a decision affecting the rights or interest of a man is made. But such a notice is not required where the action does not affect the complaining party. 31. From an overview of the above-mentioned decisions of various jurisdictions and extra..Category: Administrative Law | Date: 9 Dec, 2010 | Hits: 2
Thana Nirbahi Officer, Pirgachha, Rangpur and others Vs. Md. Dulal Miah, 2010, 39 CLC (HCD)
.... 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: ...... High Court Division (Civil) Present: Md. Ruhul Quddus J Thana Nirbahi Officer, Pirgachha, Rangpur and others ... Petitioners Vs. Md. Dulal Miah……………………...Opposite party Judgment December 8, 2010. Lawyers Involved: No one appears for either of the part..Category: Procedural Law | Date: 8 Dec, 2010 | Hits: 180
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. ...... Vs. Momtazuddin Ahmed, 36 DLR (AD) 14 and Shokrana Vs. State, 5 BLC 611. 13. Per contra, Mr. Korunamoy Chakma, the learned Deputy Attorney-General appearing on behalf of the State-opposite-party No.1 submits that although the petitioner is not named in the FIR, but admittedly she has been..Category: Anti-Corruption Laws | Date: 1 Dec, 2010 | Hits: 189
Fatema Begum Vs. The Artha Rin Adalat, Narayangonj and others, 2010, 39 CLC (HCD)
.... 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: ......g to maintain status quo (vide annexe-D to the writ petition). She, however, has no objection if respondent No.2 (bank) realises its loan by selling the land of respondent No.3. She is not a “third party” within the meaning of section 32(2) of the Ain, 2003. 5. Respondent No.2 i.e., the decre..Category: Banking Law | Date: 11 Nov, 2010 | Hits: 14
Shanik Chandra Barmon Vs. State and another, 2010, 39 CLC (HCD)
....t be noted here that the petition of complaint containing specific allegation against an employee of the Grameen Bank under section 408 of the penal Code should not be thrown away for such legal defect giving opportunity to the offender to go scot-free. In such view of the matter, the learned M...... fit and proper. 2. By the same Rule issuing order, all proceedings of the above mentioned CR Case was also stayed. 3. The relevant facts for disposal of the Rule are that the opposite party No. 2 Md. Rafiqul Islam, Branch Manager, Grameen Bank, Deemla, Nilphamari, filed a Petition of..Category: Anti-Corruption Laws, Criminal Law | Date: 2 Nov, 2010 | Hits: 5
British American Tobacco Bangladesh Company Ltd. Vs. Begum Shamsun Nahar, 2010, 39 CLC (AD)
....f the Code of Civil Procedure, 1908…………………………(13) The power to reject a plaint should not be exercised hastily without affording opportunity to the plaintiff to cure the defect or to amend the plaint. A plaint cannot be rejected for defect of parties because such an ex...... resulting in some substantial and particular damage to some person beyond that which is suffered by the public generally; and gives rise to an action for damages at the suit of the injured party." 11. Sexual harassment in employment may be termed as any attention of a sexual na..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.......from the trend of the cross-examination, the defence case appears to be that the convict has been falsely implicated in this case out of enmity because of imposing fine of Taka 500 upon the informant party in a Salish; that the victim was tutored, that victim's father did not file the FIR against th..Category: Women and Children | Date: 11 Oct, 2010 | Hits: 154
Nurul Majid Mahmood Humayun Vs. Brigadier General Hassan PSC (Rtd.) and others, 2010, 39 CLC (AD)
....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. ......de 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 for the 9th National Par..Category: Civil Law, Election Law | Date: 7 Oct, 2010 | Hits: 8