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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: ......e, sections 2(Ga), 6(5) and other provisions of the Ain, 2003 strongly suggest that the law is enacted for recovery of loan from the defaulter loanee, i.e., the borrower, guarantor, mortgagor and the persons placed in similar position. In the present case the petitioner is in no way connected with t..

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

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. ...... justiciable. If grievances of those people are unredressed due to poverty, lack of education, helplessness, social dis­ability, only then the Court would enter­tain a petition if a public spirited person or organisation comes to Court on their behalf. In other words, more clearly the underprivile..

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. ......luding the said Taka 20 lakh amongst them never returned or deposited the said amount of Taka 50 lakh to the Council. The audit authority recommended for taking appropriate action against the accused persons but no action was taken by the Council Authority to cover up their own illegal act. Upon abo..

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

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. ......an's chances of economic prospects by reducing her performance at job. So sexual harassment definitely gives birth of a liability under the law of tort……………………………..(12) A person can be liable for tort as well and damages may be claimed against him for such wrong doing ..

Category: Women and Children | Date: 13 Oct, 2010 | Hits: 21

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

....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. ......re subsequent re-schedulement of loan will never absolve the liability of the petitioner, as fixed under section 17(6) of the Act, and as such there is no scope to declare the petitioner as qualified person to be a Director of the Bank Company. 5. Mr. Rokanuddin Mahmud the learned Senior Advoca..

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

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....... 500/-, awarded in favour of the convict. 17. We find that the P.W.1 is not an eye wit­ness. However, in a case like rape it is not expected that the offence would be committed in presence of any person. Rather, it would be committed secretly avoiding the risk of being noticed by anybody. As suc..

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. ......ccording to Article 49(1) of the RPO,1972 only a "candi­date" can file an election petition and as per definition provided in Article 2(ii) of the RPO 1972 "candidate" means a person proposed as a candidate for election as a member. In view of the said provisions of law the H..

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

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. ...... maintainability issue. Even in the decision of the Dhaka Ware House Ltd. and another as cited by Mr. Mahmud it has been observed: "In spite of an alternative statutory remedy, an aggrieved person may take recourse to Article 102 of the Constitution where the vires of a statute or a statut..

Category: Fiscal/Taxation Law | Date: 7 Oct, 2010 | Hits: 174

State Vs. Md. Sayab Ali, 2010, 39 CLC (AD)

....kuchi, District-Serajgonj in connection with the case and to admit him on bail to his satisfaction if he makes any prayer in that regard. Ed. This Case is also Reported in: VIII ADC (2011) 256. ......5. There is no dispute that victim Sheuli Begum died in the house of the accused-respondent as a result of injuries. Dr. Md. Akramuzzaman (P.W.8) performing autopsy found as many as 5 injuries on the person of the victim and opined that the death was due to shock and hemorrhage at a result of injuri..

Category: Women and Children | Date: 7 Oct, 2010 | Hits: 126

Abul Kashem (Md.) Vs. Anti-Corruption Commission and others, 2010, 39 CLC (HCD)

....h and after a prolonged enquiry, the respondent No.1 finally submitted a report to respondent No.4 Director, Anti-Corruption Commission, Divisional Office, Dhaka and respondent No.5 Director General (Inquiry and Investigation) Anti-Corruption Commission, Segun Bagicha, Dhaka on 22-4-2009 and 26-4-20......ined in service in March, 2003 and on 25 June, 2003 the petitioner resigned from his service. Thus the petitioner was in active service only for a few months. 3. In the year 1990-1991 one unknownperson made a complaint against the petitioner in Anti-Corruption Bureau which after enquiry was fou..

Category: Anti-Corruption Laws | Date: 5 Oct, 2010 | Hits: 182

State Vs. Tajul Sheikh @ Md. Tajul Shaikh and others, 2010, 39 CLC (HCD)

....ul Houque of village Dakhin Ujanchar, Makhon Baburpara, Police Station-Goalandu Ghat, District-Rajbari be stayed till disposal of the appeal. Ed. This Case is also Reported in:9 ADC (2012) 895. ......d not accept the mar­riage, and that thereafter the accused started to torture her. It was also found from the evidence on record that the doctor performing autopsy though found external injuries on person of the victims, opined that the deaths were nat­ural on the influence of the accused and aft..

Category: Criminal Law | Date: 28 Sep, 2010 | Hits: 15

Ain O Salish Kendra Vs. Bangladesh, 2010, 39 CLC (HCD)

.... (2011) HCD 36, 8LG (2011) HCD 1. ......cent” someone between the age of 16 to 18 years and an “adult” as someone who has completed the age of 18 years and a “child” as anyone who has not completed the age of 16 years. A “young person” is one who is a child or an adolescent. He pointed out that section 66 of the Factories Ac..

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

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. ......o this Court within fourteen days the progress of the search for the missing vic­tim.  The Investigating Officer (IO) was further directed to appear before this Court and place his report in person.  4. In due course the reports from the IGP and subsequently a report from the DG of ..

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. ...... benami transaction source of purchase money is an important criteria but it is not conclusive. The initial presumption in the case of a transfer concluded by a registered deed is in favour of the person whose name appears as the transferee in the deed, but this presumption is rebuttable. Source..

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

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

....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. ...... private company limited by shares, who is the draw­er of the cheques singed on its behalf by its Managing Director, who is the accused petitioner before us. The drawer of a cheque may be a natural person or a juristic person (i.e. a body corporate). Issuing of a demand notice, giving thirty days ..

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

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. ......der dated 25.07.2005 passed by the learned Judge of Nari-O-Shishu Nirjatan Daman Tribunal, in the Nari-O-Shishu Case No.324 of 2003 convicting the accused-appellant Nos.1 and 2 with two other accused persons under section 9(3)/30 and 9(3) of the Nari-O-Shishu Nirjatan Daman Ain, 2000 respectively an..

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)

....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: ......f audi alteram partem is applied even though the statute is silent about the application of the same and that the said concept has also been recognised in the Constitution giving protection to the persons in the service of the Republic. However, while deciding the issue whether an employee of a ..

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

AL-Arafah Islami Bank Limited Vs. M/S. Nobel Enterprise, 2010, 39 CLC (HCD)

....on Case No. of 2004 within four months from the date of receipt of this order. Office is directed to send down the record at once. Ed. This Case is also Reported in: 15 MLR (HCD) (2010) 351. ......d it, or by the Court to which it is sent for execution. 39. (1) The Court which passed a decree may, on the application of the decree-holder, sent it for execution to another Court- (a) if the person against whom the decree is passed actually and voluntarily resides or carries on business, or..

Category: Procedural Law | Date: 12 Jul, 2010 | Hits: 28

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

....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. ......fere the opinion expressed by experts unless allegations of mala fide are made out and established. Now the question is whether the PSC conducted fair tests and examinations for selection of suitable persons. In this regard the High Court Division on consideration of the materials on record came to ..

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)

.... Children's Affairs and the Inspector General of police by a special messenger of the Court at the costs of the office. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 61; 63 DLR (2011) 1.......Lawyers Involved: Ms. Sara Hossain, Advocate - For the petitioners (In Writ Petition Nos. 5863 of 2009 and Writ Petition No. 754 of 2010). Mr. Mahbub Shafique, Advocate - For the petitioner-in-person (In Writ Petition No. 4275 of 2010). Writ Petition No. 5863 of 2009 with Writ Pet..

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