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Bangladesh National Women Lawyers Association (BNWLA) Vs. Bangladesh and Others, 2009, 38 CLC (HCD)
....ficult task in public interest. There is no order as to costs. Quamrul Islam Siddiqui J.- I agree. Ed. This Case is also Reported in: 29 BLD (HCD) (2009) 415, 14 BLC (HCD)(2009) 694. ......2. The facts leading to the issuance of the Rule, in brief, are: Bangladesh National Women Lawyers Association (BNWLA) was formed in 1979 by a group of women lawyers with an aim and objective to empower the women and children of their rights. 3. At present there are no legislative provisions ......i J Bangladesh National Women Lawyers Association (BNWLA)...... the petitioner Vs. Government of Bangladesh and Others...... the respondents Judgment May 14, 2009. Cases Referred to- H.M. Ershad v. Bangladesh, 2001 BLD (AD) 69; Apparel Export Promotion Council v. Chopra, AIR ......ficult task in public interest. There is no order as to costs. Quamrul Islam Siddiqui J.- I agree. Ed. This Case is also Reported in: 29 BLD (HCD) (2009) 415, 14 BLC (HCD)(2009) 694. ..Category: Women and Children | Date: 14 May, 2009 | Hits: 330
Zahed Hossain (Md.) Vs. State and another, 2009, 38 CLC (HCD)
....an have widened the range of its scope. Now the Courts have been facing intricate problems in this sphere and more new problems are coming avoiding repayment of loan money. Borrowers borrow loan from financial institutions and from individuals but delay to repay the same. 30. More so, sometimes...... section 325 of the Criminal Procedure Code. In terms of sub-section (1) of section 325 of the Criminal Procedure Code, whenever a Magistrate is of the opinion that accused is guilty and that he is empowered to give, he may record his opinion and forward the accused to the Chief Metropolitan Magistr......… Accused Petitioner Vs. State and another …………………………Opposite Parties Judgment April 29, 2009. Result: The Rule is discharged. Case Referred to- Ahsan Habib Chowdhury Vs. Multidrive Ltd, 14 BLC 66; Ruby Leather Exports Vs. K Venu (1995)......t be quashed and the same may continue as well. I like to add the above few words in support of my learned brother and I agree. Ed. This Case is also Reported in:61 DLR (HCD) (2009) 386. ..Category: Procedural Law | Date: 29 Apr, 2009 | Hits: 135
Md. Alauddin Bepari Vs. Somola Khatoon & others, 2009, 38 CLC (HCD)
....ting the application under Order 7 Rule 11 of the Code of Civil Procedure is hereby set aside and the plaint of the suit is rejected. Ed. This Case is also Reported in: 14 MLR (HCD) (2009) 251. ...... filing the suit for specific performance of the contract". 11. Mr. Mahmudul Islam, the learned Advocate for the petitioner submits that the aforesaid new Section 21A of the Act confers an express power couched in a negative form and negative words are clearly prohibitory and are ordinarily used ...... Court High Court Division (Civil Appellate Jurisdiction) Present: Afzal Hossain Ahmed J Md. Abdus Samad J Md. Alauddin Bepari…………………….Appellant Vs. Somola Khatoon & others……………………opposite parties Judgment April 21, 2009. Result: ......ting the application under Order 7 Rule 11 of the Code of Civil Procedure is hereby set aside and the plaint of the suit is rejected. Ed. This Case is also Reported in: 14 MLR (HCD) (2009) 251. ..Category: Civil Law | Date: 21 Apr, 2009 | Hits: 91
Jaharlal Bandapadhya and others vs. Most. Begum Jahanara, 2009, 38 CLC (AD)
....endant No.1 was an eminent pleader of Barisal Bar and he sent plaintiffs brother to England for higher education and defendant No.2 was an employee of B.M. College and that they had never fallen in financial crisis, that the plaintiff was all along a bharatia in different areas of Barisal Town and......on by both the defendants and therefore their sons the present appellants are bound by such admission being agents of the original defendants claiming through them. 18. It further appears that the power of attorney filed by Abdur Razzak Howlader was not authenticated as required under Section 18 ......st. Begum Jahanara as the plaintiff filed the above mentioned Title Suit against the appellant for Specific Performance of Contract, contending, inter alia, that the suit property originally belonged to Nishi Kanta Bandapadhya, the predecessor and father of the defendant Nos.1 and 2 Shayama Kanta ......ourt Division. In such view of the matter we find not substance in this appeal. The appeal is dismissed without any order as to cost. Ed. This Case is also Reported in: VII ADC (2010) 155. ..Category: Property Law | Date: 13 Apr, 2009 | Hits: 74
Zahida Ahmed (Liza) Vs. Syed Noor Uddin Ahmed and another, 2009, 38 CLC (HCD)
....n, Islamic Sharia law does not have any application in the U.K although Dr. Rowan Williams, the Archbishop of Canterbury, suggested adopting parts of Islamic Sharia law to resolve martial disputes or financial matters of the Muslims living there. But the British Prime Minister Gordon Brown believed ...... There is no order as to costs. Quamrul Islam Siddiqui J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 168, 29 BLD (HCD) (2009) 375, 14 MLR (HCD) (2009) 465. ......lip;………………………………Respondents Judgment March 16, 2009. Result: The Rule is made absolute. Custody of Child The question of welfare will be dealt with by the Family Court which will take i...... There is no order as to costs. Quamrul Islam Siddiqui J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 168, 29 BLD (HCD) (2009) 375, 14 MLR (HCD) (2009) 465. ..Category: Family Law, Women and Children | Date: 16 Mar, 2009 | Hits: 182
Advance Sweater Industry Ltd Vs. Mohiuzzaman Chowdhury and others, 2009, 38 CLC (HCD)
....r in the proceedings of the suit. In case of filing of an appeal by the judgment debtor he is required to deposit the 50% of the decreetal amount and in case of filing the appeal by the decree-holder financial organization, it does not require to deposit half of the decreetal amount. As auction purc......de absolute without any order as to costs. The impugned judgment and order of the learned Additional District Judge is set aside. Ed. This Case is also Reported in: 21 BLT (HCD) (2013) 16 ......e Artha Rin Ain, 2003 before the learned District Judge against an order of the Artha Rin Adalat in an execution proceeding by an aggrieved person who is neither the decree holder nor the judgment debtor, the valuation of the subject matter exceeds Tk.5,00,000/-. 2. Opposite party No.2 obtained......de absolute without any order as to costs. The impugned judgment and order of the learned Additional District Judge is set aside. Ed. This Case is also Reported in: 21 BLT (HCD) (2013) 16 ..Category: Civil Law, Procedural Law | Date: 18 Feb, 2009 | Hits: 1
Fahima Nasrin Vs. Government of Bangladesh and others, 2009, 38 CLC (HCD)
....the Judiciary. Let the lower Court records be transmitted at once along with a copy of this judgment. Sheikh Abdul Awal J. - I agree. This Case is also Reported in: 61 DLR (HCD) (2009) 232. ......physical damage and avoiding their stigmatisation and the situation where they become hardened criminals. 17. With regard to the provision of section 67 of the Act, Mr. Mahmood submitted that the power to discharge from a certified institute or approved home would only apply if the offender was ...... Vs. Metropolitan Police Commissioner, 60 DLR 660; State Vs. Md. Roushan Mondal @ Hashem, 59 DLR 72. Lawyers Involved: Ms. Fahima Nasrin, Advocate-In person. Md. Abdus Samad Kamal, Deputy Attorney General, with Ms. Nowazish Ara Begum, Assistant Attorney General-For the respondents. Mah......the Judiciary. Let the lower Court records be transmitted at once along with a copy of this judgment. Sheikh Abdul Awal J. - I agree. This Case is also Reported in: 61 DLR (HCD) (2009) 232. ..Category: Women and Children | Date: 11 Feb, 2009 | Hits: 189
Sontosh Kumar Shaha Vs. Government of Bangladesh and others, 2009, 38 CLC (HCD)
....s judgment at their end. 72. However, there shall be no order as to costs. Ed. This Case is also Reported in: 29 BLD (HCD) (2009) 301. ......e 3 (d) of the High Court Division Rules. 13. Article 116 of the Bangladesh Constitution runs as follows; Constitution of Bangladesh: "Article-116: The control (including the power of posting, promotion and grant of leave) and discipline of persons employed in the judicial s...... ......Judiciary, has called upon the respondents to show cause as to why the petitioner should not be posted as Joint District Judge (Previously Subordinate Judge) by maintaining seniority as per Panel of the year 2000, SI. No.37 of the promotion list dated 14.3.2000 (Annexure C-2) published in ..Category: Administrative Law, Constitutional Law | Date: 5 Feb, 2009 | Hits: 2
Nazimuddin (Md.) Chairman Vs. Government of Bangladesh, 2008, 37 CLC (HCD)
.... and discussions as made above, we do not find any merit in this Rule which is accordingly, discharged without any order as to cost. This Case is also Reported in: 61 DLR (HCD) (2009) 81. ...... and discussions as made above, we do not find any merit in this Rule which is accordingly, discharged without any order as to cost. This Case is also Reported in: 61 DLR (HCD) (2009) 81. ......w……………………………Respondents Judgment December 4, 2008. Result: The Rule is discharged without any order as to cost. The Anti Corruption Commission Act, 2004 (Act No. V of 2004); Section 32 (1) & (2)...... and discussions as made above, we do not find any merit in this Rule which is accordingly, discharged without any order as to cost. This Case is also Reported in: 61 DLR (HCD) (2009) 81. ..Category: Anti-Corruption Laws | Date: 4 Dec, 2008 | Hits: 149
MM Ali Ispahani Vs. MM Ispahani Ltd., 2008, 37 CLC (HCD)
.... Trust is being handed back to the learned Advocate for the Respondent Nos. 1 to 6 today. There is no order as to costs. Ed. This Case is also Reported in: 29 BLD (HCD) (2009) 206. ......he United Kingdom. It is stated that only after the Petitioner No.1 returned to Bangladesh from Karachi in September 1991 upon his father’s death on 1.9.1991 did he sense a notable shift in the power structure having already taken place within the Company with the Bangladesh-based MAI-branch o......others………………………..Respondents Judgment December 4, 2008. Result: The Application is disposed of. Cases Referred to- M/s. Howrah Trading Co. Ltd. Vs. Commissioner of Income-Tax, Central Calcutta, AIR 1959 (SC...... Trust is being handed back to the learned Advocate for the Respondent Nos. 1 to 6 today. There is no order as to costs. Ed. This Case is also Reported in: 29 BLD (HCD) (2009) 206. ..Category: Company Law | Date: 4 Dec, 2008 | Hits: 505
Habibur Rahman Molla Vs. State, 2008, 37 CLC (HCD)
....acated. Let a copy of this judgment and order along with the LCR be sent to the concerned Court at once. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 1, 29 BLD (HCD) (2009) 227. ......e understood to mean a "criminal Court". To have this view, we may safely rely upon the decision of the case of Bangladesh Vs. Iqbal Hasan Mahmood reported in 60 DLR (AD) 147. Moreover, the power conferred under section 561A of the Code cannot be lightly exercised in order to defeat and de......ned Court at once. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 1, 29 BLD (HCD) (2009) 227. ......acated. Let a copy of this judgment and order along with the LCR be sent to the concerned Court at once. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 1, 29 BLD (HCD) (2009) 227. ..Category: Anti-Corruption Laws | Date: 20 Nov, 2008 | Hits: 157
Category: Civil Law, Employment/Service Law | Date: 18 Nov, 2008 | Hits: 3
Abdul Hai (Md.) Vs. Bangladesh and others, 2008, 37 CLC (HCD)
....y his all retirement benefits as he is entitled under the law prevailing up to date. However, there shall be no order as to costs. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 485. ...... Hoque Chowdhury vehemently argues that the provision of section 8 of the Bangladesh Rifles (Special Provisions) Ordinance 1976, being the provision for dismissal simpliciter, the BDR authority was empowered to discharge any of its employee, without assigning any reason which clearly indicates that ......Hoque J Abdul Hai (Md.)……………Petitioner Vs. Bangladesh and others……………Respondents Judgment November 18, 2008. Result: The Rule is disposed of. Case Referred to- Col. Md. Hashmat Ali (Retired) Vs. Government of Bangladesh, 47 DLR (AD) 1; Bangladesh Vs. Md......y his all retirement benefits as he is entitled under the law prevailing up to date. However, there shall be no order as to costs. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 485. ..Category: Employment/Service Law | Date: 18 Nov, 2008 | Hits: 33
Professor Dr. A.F.M. Ruhul Hoque and others Vs. Bangladesh and others, 2008, 37 CLC (HCD)
....্কে তাহাদের প্রতিবেদন দাখিল করিবেন। বিচারপতি মোঃ আবু তারিক.- আমি একমত। ......impugned advertisement. The learned Deputy Attorney General Mr. Razik Al-Jalil and Mr. Md. Bodruddoza the learned Advocate appearing for respondent No.5 opposed the prayer for stay. Let the power filed by Mr. Md. Bodruddoza on behalf of the respondent no. 5 be kept with the record. Th......ারিখে প্রতিবাদীগণ বরাবরে নিন্মলিখিত Rule NISI জারী করেনঃ “Let a Rule Nisi issue calling upon the Respondents to show cause, why S.R.O. No. 211-Ain/2005/SoMo(Bidhi-5)-31/04 dated 7.7.2005 (Annexure-A) amending ......্কে তাহাদের প্রতিবেদন দাখিল করিবেন। বিচারপতি মোঃ আবু তারিক.- আমি একমত। ..Category: Constitutional Law | Date: 18 Nov, 2008 | Hits: 167
Mosammat Setara Begum Vs. Al-Arafah Islami Bank Ltd. and others, 2008, 37 CLC (HCD)
....w. Office is directed to communicate the order at once with a copy of judgment for information and necessary action. Ed. This Case is also Reported in: 14 MLR (HCD) (2009) 480. ......le the mortgaged property in auction, then the right and possession of the mortgaged property will be vested upon the bank. Consequently at the instance of the bank the Adalat rightly by exercising power conferred under section 33(7) of the Ain 2003 passed an order conferring title of the petiti...... Judgment Syed Md. Ziaul Karim J.- This Rule Nisi was issued, on an application under Article 102 of the Constitution of the People's Republic of Bangladesh, calling upon the respondents to show cause as to why the impugned order dated 24-08-2006 (Annexure-E to the writ petition) passe......w. Office is directed to communicate the order at once with a copy of judgment for information and necessary action. Ed. This Case is also Reported in: 14 MLR (HCD) (2009) 480. ..Category: Civil Law | Date: 11 Nov, 2008 | Hits: 4
Category: Employment/Service Law | Date: 9 Nov, 2008 | Hits: 117
Category: Women and Children | Date: 14 Aug, 2008 | Hits: 201
Category: Company Law | Date: 12 Aug, 2008 | Hits: 18
Idrisur Rahman (Md) Vs. Bangladesh, 2008, 37 CLC (HCD)
....e involves substantial questions of law as to the interpretation of the Constitution, which may be decided by the Appellate Division. Ed. This Case is also Reported in: 60 DLR (2008) 714. ......sident to reject the recommendation of the Commission is clearly intended to establish the supremacy of the executive over the judiciary and undermine the independence of the judiciary. By giving the power to the President to totally disregard the recommendation of the Commission, the Ordinance, in ......hellip;……………………….Respondents Judgment August 7, 2008. Result: The Rule is made absolute in part. Cases Referred to- Secretary, Ministry of Finance vs. Masdar Hossain 52 DLR (AD) 82; Ahsanullah vs. Bangladesh......e involves substantial questions of law as to the interpretation of the Constitution, which may be decided by the Appellate Division. Ed. This Case is also Reported in: 60 DLR (2008) 714. ..Category: Constitutional Law | Date: 7 Aug, 2008 | Hits: 236
Mohammad Nasim Vs. State and another, 2008, 37 CLC (HCD)
....od of 4(four) months to the satisfaction of the learned Chief Metropolitan Magistrate, Dhaka. Communicate the order. Ed. This Case is also Reported in: 28 BLD (HCD) (2008) 483. ......perusal of the Medical Report it appears that the accused-appellant Nasim has been suffering from serious illness endangering life. 12. Section 3Ka of the Emergency Powers Ordinance, 2007 empowers the Government to make Rules to bring offences under other laws within the mischief of the R......n case of short-sentence not exceeding 3 years, when the appeal could not be disposed of within 90 working days for no fault of the appellant and/or in the case of serious illness endangering life to be certified by duly constituted Medical Board, may consider the matter of granting bail in an a......od of 4(four) months to the satisfaction of the learned Chief Metropolitan Magistrate, Dhaka. Communicate the order. Ed. This Case is also Reported in: 28 BLD (HCD) (2008) 483. ..Category: Criminal Law | Date: 6 Aug, 2008 | Hits: 4