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

....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. ......BM Khairul Haque CJ Md. Muzammel Hossain J Surendra Kumar Sinha J Hussain Fabrics Ltd. Represented by its Managing Director and another………….Petitioners Vs. Haji Momena Khatun and others............Respondents Judgment    &......s. CP Joshi, AIR 2011 SC 1127; LRs Vs. Bishun Narain Inter College, AIR 1987 SC 1242; Bachhaj Nahar Vs. Nilima Mandal, AIR 2009 SC 1103; Sunil Krishna Banik Vs. Kailash Chandra Saha, 36 DLR (AD) 220; Muhammad Siddiq Muhammad Umar Vs. Australasia Bank Ltd, PLD 1966 SC 684; Arjan Singh Vs. Kartar Sing......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)

....ed by the aforesaid draft record-of rights, respondent No.7 and others filed Objection Case Nos.4714 of 2000, 4715of 2000 and 12903 of 2000 before the Revenue-Officer under Rule 30 of the East Bengal State Acquisition and Tenancy Rules, 1955 (in brief, Tenancy Rules, 1955) against the Tashdik record......9. ......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. ......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

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

....ture. 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 every sphere. 5. The learned a......diction) Present: Md. Imman Ali J Sheikh Hassan Arif J Bangladesh National Women Lawyers Association (BNWLA), represented by its Vice-President, Fahima Nasrin……….......Petitioner Vs. The Cabinet Division, Represented by Cabinet Secretary, Bangladesh Secretariat, Dhaka and oth......ARK (SCSD), CHILD DOMESTIC WORKERS – LIVING INSIDE ROOM AND OUTSIDE LAW AND ROLE OF GOVT. AND CIVIL SOCIETIES IN BANGLADESH , 36-37 (2009) [hereinafter SCSD REPORT ON CHILD DOMESTIC WORKERS]. ......ARK (SCSD), CHILD DOMESTIC WORKERS – LIVING INSIDE ROOM AND OUTSIDE LAW AND ROLE OF GOVT. AND CIVIL SOCIETIES IN BANGLADESH , 36-37 (2009) [hereinafter SCSD REPORT ON CHILD DOMESTIC WORKERS]. ..

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

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

.... Division (Criminal Miscellaneous Jurisdiction) Present: Khondker Musa Khaled J Quazi Reza-ul-Hoque J Shah Alam (Md.)……………………......................Petitioner Vs. State and another……………………………………..Opposite-Parties Judgment Februa......h Court Division (Criminal Miscellaneous Jurisdiction) Present: Khondker Musa Khaled J Quazi Reza-ul-Hoque J Shah Alam (Md.)……………………......................Petitioner Vs. State and another……………………………………..Opposite-Parties Judgment ......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)

....ision (Criminal Miscellaneous Jurisdiction) Present: Md. A Wahhab Miah J Md. Khasruzzaman J Sohrab Hossain (Md.) & others......................Petitioners Vs. State & another.............................................Opposite-Parties Judgment ......Court Division (Criminal Miscellaneous Jurisdiction) Present: Md. A Wahhab Miah J Md. Khasruzzaman J Sohrab Hossain (Md.) & others......................Petitioners Vs. State & another.............................................Opposite-Parties Judgm...... 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. Tota Howlader Vs. State, 2011, 40 CLC (HCD)

....upreme Court High Court Division (Criminal Appellate Jurisdiction) Present: Syed Md. Ziaul Karim J ANM Bashir Ullah J Md. Tota Howlader ...........Accused Appellant Vs. The State..................For the respondent Judgment February 1, 2011. Result: The appeal......011) 355.......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.......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...

Category: Women and Children | Date: 1 Feb, 2011 | Hits: 178

Shamsunnur Rahman Vs. State, 2011, 40 CLC (HCD)

....gh Court Division (Criminal Appellate Jurisdiction) Present: Syed Md. Ziaul Karim J ANM Bashir Ullah J Shamsunnur Rahman………….......................Accused-Appellant Vs. State......................................................Respondent Judgment January 31, 20......t High Court Division (Criminal Appellate Jurisdiction) Present: Syed Md. Ziaul Karim J ANM Bashir Ullah J Shamsunnur Rahman………….......................Accused-Appellant Vs. State......................................................Respondent Judgment January...... In view of the foregoing narrative the petition of appeal is rejected. Office is directed to communicate the judgment and order at once. Ed. This Case is also Reported in: 16 BLC (2011) 895....... In view of the foregoing narrative the petition of appeal is rejected. Office is directed to communicate the judgment and order at once. Ed. This Case is also Reported in: 16 BLC (2011) 895...

Category: Women and Children | Date: 31 Jan, 2011 | Hits: 127

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. ...... Present: Nazmun Ara Sultana J Md. Ruhul Quddus J Kanin (India) (P) Ltd. ……………………...............................Appellant Vs. The Registrar of Trade Marks, Dhaka and another …….....Respondents Judgm...... the Trade Marks Act or the rules made thereunder.  ...............(11)       Lawyers Involved: Mohammad Moazzam Hussain, Advocate-For the Appellant. Muhammad Ohiullah, Advocate-For the Respondent. Trade Mark Appeal No.6 of 2006. Judgment ......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. ..

Category: Intellectual Property Law | Date: 30 Jan, 2011 | Hits: 183

Mosharraf Hossain (Md.) and others Vs. Akhtar Hossain, 2011, 40 CLC (HCD)

....1; Pushpa Rani Saha Fodder Vs. Rash Mohan Saha being dead his heirs, Kartick Chowdhury Saha and others, 10 MLR (AD) 345; Abdul Jalil Vs. Islami Bank Bangladesh Limited, 53 DLR (AD) 12; Nizamuddin Vs. State, 30 DLR 49. Lawyers Involved: Md. Nazrul Islam, Advocate - For the Appellants. ......h Court Division (Civil Revisional Jurisdiction) Present: Sharif Uddin Chaklader J Md. Nuruzzaman J Mosharraf Hossain (Md.) and others…………………….Appellants Vs. Akhtar Hossain………………………..Respondent Judgment January 27, 2011. ......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.......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...

Category: Property Law | Date: 27 Jan, 2011 | Hits: 95

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

....rt Division (Criminal Miscellaneous Jurisdiction) Present: Syed Mahmud Hossain J Md. Nazrul Islam Talukder J Md.Hasanul Islam Hanif.................Petitioner Vs. State............................................Opposite-Party Judgment January 26, 2011...... High Court Division (Criminal Miscellaneous Jurisdiction) Present: Syed Mahmud Hossain J Md. Nazrul Islam Talukder J Md.Hasanul Islam Hanif.................Petitioner Vs. State............................................Opposite-Party Judgment January......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

M/S A-Z Knit Wears Ltd. and another Vs. City Bank Ltd. and others, 2011, 40 CLC (HCD)

.... notice. Although the inaction of Bangladesh Bank has been challenged in this writ petition, any relief whatsoever against such inaction has not been sought for. Mere inaction of a functionary of the State or of a local authority is not open to challenge under writ jurisdiction, unless it comes with......: ...... without any order as to costs. The order of restraint granted at the time of issuance of the Rule is hereby vacated. Nazmun Ara Sultana J. I agree. Ed. This Case is also Reported in: ...... without any order as to costs. The order of restraint granted at the time of issuance of the Rule is hereby vacated. Nazmun Ara Sultana J. I agree. Ed. This Case is also Reported in: ..

Category: Banking Law | Date: 26 Jan, 2011 | Hits: 185

Bangladesh National Women Lawyers Association (BNWLA) Vs. Government of Bangladesh, 2011, 40 CLC (HCD)

....hellip;………………..Respondents 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. Bang......r of BNWLA, Monico Mona Tower (1st & 2nd Floor), 48/3, West Agargaon, Shere Bangla Nagar, Dhaka-1207…………………………Petitioner Vs. Government of Bangladesh, represented by the Cabinet Secretary of Cabinet Division, Banglad......ip;………………………..Respondents 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; Moha......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. ..

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

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

....egal vacuum in the statute and thereby making the statute unworkable………………….(38, 40) Cases Referred to- Kudrat-e-Elahi Panir Vs. Ahsanullah 44 DLR (AD) 319; Sajjan Singh Vs. State of Rajesthan AIR 1965 SC 845; Anwar Hossain Chowdhury Vs. Government of People's Republic of ......eme Court 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......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. ......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. ..

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

StateVs. Noor Islam and others, 2011, 40 CLC (HCD)

....ars more each. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 141.......rted 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

Bangladesh Legal Aid and Services Trust Vs. Secretary, Ministry of Education, 2011, 40 CLC (HCD)

....Territory of Delhi and others MANU/SC/0517/1981; Bandhua Mukti Morcha Vs. Union of India and others MANU/SC/0552/1997:[1997]2SCR379; Hussain Muhammad Ershad Vs. Bangladesh and others, 21 BLD (AD) 69; State Vs. Metropolitan Police Commissioner, 60 DLR 660. Lawyers Involved: Ms. Sara Hossain, Ad......an Ali J Sheikh Hassan Arif J Bangladesh Legal Aid and Services Trust (BLAST), represented by its Deputy Director (Legal Aid), Farida Yeasmin and another…………….........Petitioners Vs. Secretary, Ministry of Education, Bangladesh Secretariat, Dhaka and others........................AIR 2001 (Delhi) 212; F.C. Mullin Vs. Administrator, Union Territory of Delhi and others MANU/SC/0517/1981; Bandhua Mukti Morcha Vs. Union of India and others MANU/SC/0552/1997:[1997]2SCR379; Hussain Muhammad Ershad Vs. Bangladesh and others, 21 BLD (AD) 69; State Vs. Metropolitan Police Commissione...... 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. ..

Category: Women and Children | Date: 13 Jan, 2011 | Hits: 248

State Vs. Alam, 2011, 40 CLC (HCD)

....s Case is also Reported in: 16 BLC (2011) 816. ......rt Division (Criminal Appellate Jurisdiction) Present: Syed Refaat Ahmed J Md. Habibul Gani J State.........................................................Appellant Vs. Alam......................................................Condemned-Prisoners Judgment...... 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)

.... 1963 SC 933; Chunilal Vs. Surajram (1909) 33 Bom. 433; Kally Churn Vs. Dukhee (1880) ILR 5 Cal.692; Utpal Kanti Das Vs. Monju Rani Das, 17 BLD (AD) 289 = 50 DLR (AD) 47; Bhaurao Shankar Lokhande Vs. State of Maharashtra, AIR 1965 SC 1564. Lawyers Involved: Abul Kalam Mainuddin, Advocate, ......me Court Appellate Division (Civil) Present: ABM Khairul Haque CJ Md. Muzammel Hossain J SK Sinha J Ramesh Chandra Adhikari........................Petitioner Vs. Bulbuli................................................Respondent Judgment Januar......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

Mahfuzur Rahman and another Vs. Government of Bangladesh and others, 2010, 39 CLC (HCD)

.... BLD (AD) 25 = 40 DLR (AD) 52; Sanatan Gauda Vs. Berhampur University, AIR 1990 SC 1075; Ashok Chand Singhvi Vs. University of Jodhpur, 172 Mahfuzur Rahman Vs. Bangh AIR 1989 SC 823; Randir Singh Vs. State of Rajasthan, 1992(2) ESC 435 (Raj); Lord Atkin in R Vs. Electricity Commissioners, (1924) 1 K...... High Court Division (Special Original Jurisdiction) Present: Moyeenul Islam Chowdhury J Naima Haider J Mahfuzur Rahman and another......................Petitioners Vs. Government of Bangladesh and others..............Respondents Judgment December 9,...... Accordingly, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 171           ...... Accordingly, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 171           ..

Category: Administrative Law | Date: 9 Dec, 2010 | Hits: 2

Hasna Ahmad Vs. State and another, 2010, 39 CLC (HCD)

.... Present: Moyeenul Islam Chowdhury J AKM Abdul Hakim J Hasna Ahmad……………………………Petitioner Vs. State and another…………………………&he......sdiction) Present: Moyeenul Islam Chowdhury J AKM Abdul Hakim J Hasna Ahmad……………………………Petitioner Vs. State and another………………………&h......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. ..

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

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

....icle 102. A Petition of Public Interest Litigation In considering a petition as PIL it is to be seen that where there is undoubtly public injury by the act or omission of the functionary of the State or a local authori­ty or public authority or executive excess causes a legal injury to a spec...... Court Appellate Division (Civil) Present: ABM Khairul Haque CJ Md. Muzammel Hossain J Surendra Kumar Sinha J Ms. Syeda Rizwana Hasan...............................Appellant Vs. Bangladesh and others...................................Respondents Judgment November ......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