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

.... Islam Talukder J.- This Rule was issued on an application under section 561A of the Code of Criminal Procedure calling upon the Opposite-party to show cause as to why the impugned judgment and order date 6-5-2009 passed by the learned Metropolitan Special Tribunal No.7, Dhaka in Metropolitan Specia......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

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

....h Samarendra Nath Biswash, Assistant Attorney General-For the respondent No.2. Writ Petition No. 8769 of 2010. Background: Sheikh Hassan Arif J.- 1. During a period from 2009 till date, this country has faced (and is still facing) a new social menace which has become widely known......03.11.2010): Rupali, a Hindu girl, was a student of class nine. She was kidnapped by a youth on the way to her private tutor and the youth put vermillion on her forehead – signifying Hindu marriage. Failing to tolerate the insult and social humiliation, Rupali protested by taking her life..

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

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

....f any law enacted by Parliament subject to the provisions of the Constitution which means it may do so relating to subjects within its legislative competence..................(13) It is the mandate of the Constitution under Article 135 that Parliament cannot enact any law which empowers an a......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

Md. Hamiduzzaman Vs. Joint District Judge, Artha Rin Adalat, Faridpur and others, 2011, 40 CLC (HCD)

....rit Petition No. 8197 of 2010 Judgment Md. Ruhul Quddus J.- This Rule Nisi, at the instance of a legal heir of a judgment debtor in a mortgage decree, was issued calling in question orders dated 1.7.2009 and 6.9.2009 passed by the Artha Rin Adalat, Faridpur in Artha Rin Execution Case No.......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: ..

Category: Banking Law | Date: 20 Jan, 2011 | Hits: 233

Mirza Ahsan Habib Vs. Judge, Artha Rin Adalat, Khulna and another, 2011, 40 CLC (HCD)

....e Respondent. Writ Petition No. 4236 of 2009. Judgment Md. Ruhul Quddus J. - This Rule, at the instance of a judgment-debtor in a mortgage decree, was issued calling in question order dated 12.11.2007 passed by the Judge, Artha Rin Adalat, Khulna in Artha Rin Execution Case No.319 of......r section 33 (5) of the Ain will, however, remain with the bank and may also be disposed of in accordance with law. Nazmun Ara Sultana J.- I agree. Ed. This Case is also Reported in: ..

Category: Banking Law | Date: 19 Jan, 2011 | Hits: 305

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

....or a week. Thereafter, on 31.10.2002 at 4-30 P.M. the accused Noor Islam got into a bus with the victim Shilpi Khatun from Jhoudanga Bus-stand for going to his own village of Nilkantha Nagar. On that-date, at about 6-30 P.M., the accused Noor Islam got down from the bus at Gadkhali Bus-stand with th......ation identified the dead body to be of his brother's daughter, Shilpi Khatun and found black marks on the throat of the deceased, Shilpi Khatun. Nearly, 1% months ago that Shilpi Khatun was given in marriage with the accused Noor Islam. After marriage Shilpi Khatun went to her father-in-law's house..

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)

....ation Boards under the Ministry of Education to monitor imposition of corporal punishment when inspecting the educational institutions and to submit a report with regard to it. 5. By an affidavit dated 18.08.2010 respondent No.1 supplied to this Court a copy of the aforementioned circular and al...... 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)

....ed the two accused to hurriedly grab Vanu's jewellery and other belongings and flee the scene of the crime. The investi­gation into the case led to the submission of the Charge Sheet being CS No. 66 dated 22-2-2003 under sections 11 (ka)/30 of the Act against three accused persons being the condemn...... lodged the First Informa­tion Report ("FIR") alleging, inter alia, that his daughter, the deceased Sharmin Banu alias Vanu and the condemned-prisoner being mar­ried since 1990 have had a turbulent marriage chiefly on account of the philandering Alam demanding dowry and subjecting Vanu to physical..

Category: Women and Children | Date: 11 Jan, 2011 | Hits: 176

Ramesh Chandra Adhikari Vs. Bulbuli, 2011, 40 CLC (AD)

....Md. Nawab Ali, Advocate-on-Record—For the Petitioner. None Represented—For the Respondent. Civil Petition for Leave to Appeal No. 431 of 2009. (From the judgment and decree dated 29-10-2008 passed by the High Court Division in Civil Revision No.2325 of 2005) Judgment ......e under the traditional Hindu Law is a holy union for the performance of religious duties. It is a sacrament for the purification of the body from inherited taint. It is not a contract. Of course the marriage is necessarily the basis of social organization and the foundation of important legal right..

Category: Family Law, Hindu Law | Date: 6 Jan, 2011 | Hits: 15

Bangladesh Shilpa Rin Sangstha (BS-RS) Vs. She Shipping Judgment Lines Limited and others, 2010, 39 CLC (AD)

.... Aftab Hossain, Advocate-on-Record—For the Respondent No. 2. None Represented—For the Respondent Nos. 1 & 3-7. Civil Appeal No. 237 of 2002 (From the judgment and order dated 4-6-2000 passed by the High Division in PMA No.95 of 1990) Judgment Md. Muzammel Hos......rther compensa­tion calculated at the rate of bank interest prevalent at the time of the institution of the suit. Ed. This Case is also Reported in: 20 BLC (AD) (2015) 66.   ..

Category: Business or Commercial Law, Labour and Industrial Law | Date: 13 Dec, 2010 | Hits: 10

Gulshan Club Ltd. Vs. Chairman, National Board of Revenue and another, 2010, 39 CLC (HCD)

....2 by filing affidavit in opposition, on the other hand, opposes the Rule on several grounds. Firstly, the learned Additional Attorney-General sub­mits that imposition of tax is a constitutional man­date expressly designed in Article 83 of the Constitution which has no ambiguity whatsoever. Article......is discharged without any order as to cost. The order of stay granted earlier by this Court is hereby vacated and recalled. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 29. ..

Category: Fiscal/Taxation Law | Date: 13 Dec, 2010 | Hits: 48

Monir Hossain Md. (Moni) and another Vs. Md. Yousuf and others, 2010, 39 CLC (AD)

.... Md. Aftab Hossain, Advocate-on-Record—For the Respondent Nos.2 & 3. None Represented—For the Respondent No.1. Civil Appeal No.271 of 2002. (From the judgment and order dated 20.08.2000 passed by the High Court Division in Civil Revision No.2948 of 1999). Judgment......ned Sub­ordinate Judge, 1st Court and Judge of the Small Causes Court, Faridpur in SCC Suit No.6 of 1996 is hereby restored. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 100. ..

Category: Property Law, Tenancy Law | Date: 8 Dec, 2010 | Hits: 12

Nazrul Islam Talukder (Md.)Vs. Bangladesh & another, 2010, 39 CLC (HCD)

....) of the Muslim Marriages and Divorces (Registration) Rules, 1975 issued by the Senior Assistant Secretary Ministry of Law, Justice and Parlia­mentary Affairs being Memo No.96-Bichar-7/2N-12/2002 dated 27 January, 2004. In pursuant to the said approval respondent No.2, the District Registrar, Dh......utiny it is found that the petitioner does not have requisite qualification for being licenced as a Nikah Registrar. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 87.   ..

Category: Family Law | Date: 6 Dec, 2010 | Hits: 9

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

.... instructed by Md. Zahirul Islam, Advocate-on-Record—For Respondent Nos.5-7 (as added respon­dent). Ex-prate-For Respondent No.3. Civil Appeal No.200 of 2004. (From the judgment and order dated 17.2.2004 passed by the High Court Division in Writ Petition No.948 of 1997.) Judgment S......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

Redwan Ahmed Vs. Bangladesh, 2010, 39 CLC (HCD)

....itioner Redwan Ahmed, this Rule Nisi was issued calling upon the respondents to show cause as to why the proceeding of Metro Bishesh Case No.133 of 2007 arising out of Ramna Police Station Case No.40 dated 15-2-2007 filed under section 409 of the Penal Code 1860, in respect of an offence allegedly c......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. ..

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

State Vs. Secretary, Ministry of Home Affairs (II), 2010, 39 CLC (HCD)

....e Daily Star published on 29.09.2010 under the caption “Keep child prisoners in correction centres instead of jails” was brought to the notice of this Court and a Suo Muto Rule was issued on that date directing the Secretary, Ministry of Home Affairs and the Inspector General of Prisons to repor...... Chief Judicial Magistrate. Let a copy of this judgment be communicated to the respondents at once. Obaidul Hassan J. - I agree. This case is also Reported in: 8 LG (2011) HCD 293. ..

Category: Women and Children | Date: 25 Oct, 2010 | Hits: 141

British American Tobacco Bangladesh Company Ltd. Vs. Begum Shamsun Nahar, 2010, 39 CLC (AD)

....ruddin Sircar, Senior Advocate, instructed by Md. Aftab Hossain, Advocate-on-Record—For the Respondent. Civil Petition for Leave to Appeal Nos.2410 of 2009. (From the judgment and order dated 19-8-2008 passed by the High Com Division in Civil Revision No.3544 of 2005) Judgment ......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. ..

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

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

.... Article 102 of the Constitution of the People's Republic of Bangladesh this Rule Nisi was issued calling upon the respondents to show cause as to why the impugned Memo No. BRPD(R-2)651/9(3) Kha/2009 dated 24-3-2009 under the signature of respondent No.3 (Annexure-A to the writ petition) shall not b......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. ..

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

Ayub Ali Sheikh alias Buna Vs. State, 2010, 39 CLC (HCD)

....tion 28 of Nari-o-Shishu Nirjatan Daman Ain, 2000 (Ain) has been preferred by the Convict-Appellant namely Mr. Ayub Ali Sheikh @ Buna, challenging the legality and propriety of the judgment and order dated 18-2-2008 passed by the learned Judge Nari-o-Shishu Nirjatan Daman Tribunal, Rajbari in the Na......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...

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)

.... Shahidul Huq, Advocate-on-Record—For the Respondent No.1. None Represented—For the Respondent Nos.2-15. Civil Petition for Leave to Appeal No.308 of 2010. (From the order dated 31-1-2010 passed by the High Court Division in Election Petition No.4 of 2009) Judgment ......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. ..

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