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

....n (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, 2010 Result: ...... Accordingly, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 171 ......nd by that reason, they should not be allowed to enjoy its Fruit - In the instant case, it cannot be said that the petitioners had a validly acquired right rather by having recourse to fraud and forgery, they got themselves admitted to the university in collusion with some functionaries thereof...... 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

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

....reme Court High Court Division (Special Original Jurisdiction) Present: Farah Mahbub J Farid Ahmed J Nazrul Islam Talukder (Md.)...............Petitioner Vs. Bangladesh & another………………….........Respondents......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. ......sult: The Rule is made absolute. Issuance of Nikah Registrar licence on regular basis Rule 5A of Muslim Marriages and Divorces (Registration) Rules, 1975 provides that, a person acting for at least three years as Nikah Registrar on temporary basis under rule 5(1), shall, subject to th......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

Syed Wahid Iqbal Vs. Bangladesh, 2010, 39 CLC (AD)

....late Division (Civil) Present: ABM Khairul Haque CJ Md. Muzammel Hossain J SK Sinha J Syed Wahid Iqbal.................................Petitioner Vs. Bangladesh, represented by the Secretary, Ministry of Local Government, Rural Development and Co-op......not require any interference by this Division. Accordingly, the leave petition is dismissed. Ed. This Case is also Reported in: 65 DLR (AD) (2013) 308; 21 BLT (AD) (2013) 309. ...... Abdullah-al-Mamun, Advocate, instructed by Nurul Islam Bhuiyan, Advocate-on-Record—For the Respondent No.6. None Represented—For the Respondent Nos.1-5 & 7-9. Civil Petition for Leave to Appeal No.560 of 2010. (From the judgment and order dated 06.10.2009 passed by th......not require any interference by this Division. Accordingly, the leave petition is dismissed. Ed. This Case is also Reported in: 65 DLR (AD) (2013) 308; 21 BLT (AD) (2013) 309. ..

Category: Civil Law | Date: 6 Dec, 2010 | Hits: 5

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

.... 38; Nasiruddin Mahmud Vs. Momtazuddin Ahmed, 36 DLR (AD) 14; Shokrana Vs. State, 5 BLC 611; Ali Akkas Vs. Enayet Hossain, 17 BLD (AD) 44; Sher Ali Vs. State, 46 DLR (AD) 67; Solicitor, Government of Bangladesh Vs. AT Mridha, 26 DLR (SC) 17; State Vs. Abdul Wahab Shah Chowdhury, 51 DLR (AD) 242. ......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. ......cated upon conjectures, surmises and speculations. Her involvement in the case as an abettor entails a journey into the minds of the Investigating Officers concerned, an exercise fraught with uncalledfor and unwarranted consequence. Having regard to the facts and circumstances of the case, it transp......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

Shafiqul Islam (Md.) Vs. The Commissioner of Customs, Excise and VAT Rajshahi and others, 2010, 39 CLC (HCD)

....goods to be smuggled goods have been provided in section 2(s) of the said Act. Relevant portions of section 2(s) run as follows: "2(s) "Smuggle" means to bring into or take out of Bangladesh in breach of any prohibition or restriction for the time being in force; or evading ......ng days without fail upon receipt of the copy of this judgment. There will be no order as to costs. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 191 ...... by the Importer has negative Impact in Due Process of Law- Although the importer gave wrong declaration, as to the country of origin, since there are specific provisions in the Customs Act for dealing with wrong declaration by the importer at the entry point, the authority can not de......ng days without fail upon receipt of the copy of this judgment. There will be no order as to costs. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 191 ..

Category: Fiscal/Taxation Law | Date: 11 Nov, 2010 | Hits: 3

Shafiqul Islam (Md.) Vs. The Commissioner of Customs, Excise and VAT Rajshahi and others, 2010, 39 CLC (HCD)

Category: Fiscal/Taxation Law | Date: 11 Nov, 2010 | Hits: 5

Fatema Begum Vs. The Artha Rin Adalat, Narayangonj and others, 2010, 39 CLC (HCD)

....ngonj and others….............. Respondents Judgment November 11, 2010. Cases Referred to- Victor Rodrix and others Vs. The 4th Artha Rin Court, Dhaka and others; Md. Delwar Hossain Vs. Bangladesh and others 24 BLD (HC) 323; 24 BLD (HC) 323. Lawyers Involved: Abdur Razzaq with Sh...... 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: ......ibed in schedule-1 of the writ petition). The petitioner, her brother and sisters inherited the said property after the demise of their father Dudu Mian and have been enjoying and possessing the same for more than twelve years without any interruption. She (petitioner) came to know from a reliable s...... 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: ..

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

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

.... 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 8, 2010......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. ......ly the underprivileged or the poor who are unable to come to Court due to illiteracy or monetary helplessness, a petition on their behalf will be welcomed. The litigation must have been initiated for the benefit of the poor or any number of people who have been suffering the common injury but th......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)

....Supreme Court High Court Division (Special Original Jurisdiction) Present: Md. Ashfaqul Islam J SM Emdadul Hoque J Redwan Ahmed................Petitioner Vs. Bangladesh..............Respondents Judgment October 25, 2010. Result: The Rule ......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. ......7 filed under section 409 of the Penal Code 1860, in respect of an offence allegedly committed on 11-6-2002 read with Section 5(2) of the Prevention of Corruption Act, 1947, nowon transfer, pending before the learned Special Judge Court No.2, Dhaka, should not be declared to be without lawful author......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)

....inal Jurisdiction) Present: Md. Imman Ali J Obaidul Hassan J The State.....................................Petitioner Vs. The Secretary, Ministry of Home Affairs, Bangladesh Secretariat, Dhaka and others ......................Respondents Judgment Oct...... 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. ......dren aged up to 18 years who were held in custody within the different prisons of this country during August 2010. A further Memo No. পিডি/পরি- 25/2010/2567(2) dated 03.10.2010 has been forwarded to this Court giving details of a total of 121 children up to the age of 18 years held in ...... 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)

.... DLR (AD) (2014) 80. ......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. ...... Sexual harassment in employment Sexual harassment in employment may be termed as any attention of a sexual nature in the context of work situation which has the effect of making a woman uncomfortable on the job, impeding her ability to do the work or interfering with her employment opportu......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)

....on (Special Original Jurisdiction) Present: Md. Anwarul Haque J Syed Abu Kowser Md. Dabirushshan J Deen Mohammad………………...................Petitioner Vs. Bangladesh Bank and others………………….Respondents Judgment October 12, 2010. ......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. ...... 5 MLR (AD) 137; MA Khaleque Vs. Bangladesh Bank, 5 BLC (AD) 85. Lawyers Involved: Rokonuddin Mahmud with Mustafizur Rahman Khan, Advocates - For the Petitioner. Md. Khurshid Alam Khan for Nahid Mahtab, Advocate - For the Respondent No 1. Writ Petition No.5524 of 2009. Judgm......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)

....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.......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.......nal, Rajbari in the Nari-o-Shishu Case No.336 of 2004, convicting the appellant under section 9(1) of the Nari-o-Shishu Nirjatan Daman Ain, 2003 and sentencing him to suffer rigorous imprisonment for life and to pay a fine of Taka 10,000 in default to suffer rigorous imprisonment for 6(six) mont......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)

....Court Division in Election Petition No.4 of 2009) Judgment Md. Muzammel Hossain J. - This petition for leave to appeal under Article 103 of the Constitution of People's Republic of Bangladesh is directed against the order dated 31-1-2010 passed by the High Court Division in Electi......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. ....... Qamrul Islam Siddique, Advocate, instructed by AKM 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 Di......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

Khurshed Alam Vs. Abul Kalam and others, 2010, 39 CLC (AD)

....urt Division in Civil Revision No. 2022 of 2007 making the Rule absolute. 2. Facts relevant to disposal of this petition for leave to appeal, in short, are that the Deputy Administrator of Waqf, Bangladesh by his order dated 30.05.2001 removed the present petitioner from the post of mutawalli o......the Ordinance read with the waqf deed made by the Waqif. With the above observation this petition for leave to appeal is dismissed. This Case is also Reported in: 17 MLR (AD) (2012) 233. ...... For the Petitioner. M. Amirul Islam, Senior Advocate instructed by Md. Aftab Hossain, Advocate-on-Record-For Respondent No. 1. None represented-For Respondent No. 2. Civil Petition for Leave to Appeal No. 859 of 2011. (From the judgment and order dated the 1st day of March, 2......the Ordinance read with the waqf deed made by the Waqif. With the above observation this petition for leave to appeal is dismissed. This Case is also Reported in: 17 MLR (AD) (2012) 233. ..

Category: Trust/Waqf Law | Date: 7 Oct, 2010 | Hits: 177

Orascom Telecom Bangladesh Limited Vs. National Board of Revenue and others, 2010, 39 CLC (HCD)

....ported in: 16 MLR (HCD) (2011) 319. ......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. ......D) (2011) 319. ......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. ..

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

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

....risdiction) Present: Md. Imman Ali J Obaidul Hassan J Ain O Salish Kendra (ASK), represented by its Executive Director and another………………………........Petitioners Vs. Bangladesh, represented by the Secretary, Ministry of Labour and Manpower, Bangladesh Secretariat, D...... (2011) HCD 36, 8LG (2011) HCD 1. ......ra (ASK) and Aparajeyo Bangladesh filed the instant writ petition seeking an order from this Court declaring the continuous failure of the respondents to ensure healthy, hygienic and safe work place, for the workers within the ‘bidi’ factories of respondents No.3 to 5 in accordance with the prov...... (2011) HCD 36, 8LG (2011) HCD 1. ..

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

Hasura Begum Vs. Bangladesh and others, 2010, 39 CLC (HCD)

....upreme Court High Court Division (Special Original Jurisdiction) Present: Md. Imman Ali J Obaidul Hassan J Hasura Begum……………………Petitioner Vs. Bangladesh, represented by the Secretary, Ministry of Home Affairs, Government of the People's Repub......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. ......�Respondents Judgment August 24, 2010. Result: The Rule is disposed of. The Nari-o-Shishu Nirjatan Daman Ain, 2000 (Act No. VIII of 2000); sections 7/9(1)/30 When any information, either verbally made before the police, or in writing, regarding a cognizable offence is ......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. ..

Category: Women and Children | Date: 24 Aug, 2010 | Hits: 187

Abdur Rashid Gazi Vs. Nur Ali Gazi and others, 2010, 39 CLC (HCD)

.... Noorjahan Begum Vs. Mahmudur Rahman Mullick and others, 34 DLR (AD) 61; Santosh Kumar Dey Vs. Hiron Chandra, 15 BLD 221; Nur Mohammad Khan and others Vs. Government of the People's Republic of Bangladesh and others, 42 DLR 434; Rupe Jahan Begum and others Vs. Lutfe Ali Chowdhury and others, ......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. ......t aside and/or pass such other or further order or orders as to this Court may seem fit and proper. 2. Opposite party No.1 as plaintiff instituted the suit against the petitioner as defendant for declaration of title to, measuring 1.32 acres, confirmation of possession and for permanent inj......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. ..

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

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

....eous Jurisdiction) Present: Salma Masud Chowdhury J Md. Rezaul Hasan J Ferdous Khan @ Alamgir………………………......................Petitioner Vs. Islami Bank Bangladesh Ltd. and another………………………Opposite party Judgment August 1, 20......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. ......ntry and that the Agrabad Branch is one of them; that the accused is the managing director of Bagdad Exim Corporation Ltd. a private company limited shares; that on the application of the accused for loan, to run its business, the payee Bank sanctioned loan in the name of the company of the ac......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. ..

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

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