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State Vs. Secretary, Ministry of Home Affairs, 2010, 39 CLC (HCD)
....rection that a copy be kept in the dossier of the two learned Magistrates concerned. Md. Abu Tariq J. - I agree. This Case is also Reported in: 16 MLR (AD) (2011) 254; 30 BLD (HCD) (2010) 265. ......of 1860); section 82 It is a tragedy that the law enforcing agencies are unaware of the fundamental laws of the country, namely s. 82 of the Penal Code, 1860. According to this section, any police personnel worthy of his badge cannot arrest a child below the age of nine years, since that child is..Category: Women and Children | Date: 1 Mar, 2010 | Hits: 177
Dr. Md. Nazimuddin and others Vs. Md. Abdur Rahman Siddique and others, 2010, 39 CLC (HCD)
....ower Court's record at once. Let a copy of the judgment be transmitted to the Courts concerned at their respective station. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 305. ...... 1997, the Insolvency Act No.3 of 1909 and Insolvency Act No.5 of 1990 were repealed. This Bankruptcy Act is a special legislation and provides for special procedure to be followed for declaring a person (loanee) as insolvent / bankrupt and the said Act appears to be a remedial Act for protectio..Category: Civil Law | Date: 25 Feb, 2010 | Hits: 7
Ayrin Akhter Lypi Vs. Bahadur Khan and another, 2010, 39 CLC (HCD)
....his judgment and order to the Court concerned for inf6rination and necessary action. Ed. This Case is also Reported in:19 BLT (HCD) (2011) 488; 15 MLR (HCD) (2010) 139; 30 BLD (HCD) (2010) 280. ......back door which remained open and placing a dagger on her chest got her down and asked her to agree to his sexual proposal but when she refused the accused-opposite party No.1 dealt fist blows on her person and forcibly got her down of the floor of her room and forcibly committed rape on her causing..Category: Women and Children | Date: 27 Jan, 2010 | Hits: 156
Nuvista Pharma Limited Vs. Chairman, National Board of Revenue & ors, 2010, 39 CLC (AD)
....der. In the premises we do not find any merit in the leave petition. In the result, the leave petition is dismissed. Ed. This Case is also Reported in: 65 DLR (AD) (2013) 302. ......f raw materials and, as such, there cannot be any basis for the liability for VAT arising in the first place. Mr. Hossain then submits that the respondent's act of retaining the Bank Guarantee and personal undertaking where there is no valid and specific claim for additional VAT against the peti..Category: Business or Commercial Law | Date: 4 Jan, 2010 | Hits: 4
Paresh Chandra Biswas Vs. Sree Sree Shashan Kalimata Idol and others, 2009, 38 CLC (HCD)
....he result, the appeal is dismissed with costs. The connected Rule is discharged. Send down the lower Court records at once. Ed. This Case is also Reported in:61 DLR (HCD) (2009) 679. ......l, a Debuttor is managed and administered and it is in an ideal sense that the dedicated property vests in an idol and in the nature of things the possession and management of it is entrusted to some person as Shebait. He is the person entitled to speak on behalf of the deity on earth and is endowed..Category: Others, Property Law | Date: 16 Dec, 2009 | Hits: 94
Nirmal Chandra Shaha Vs. The State and others, 2009, 38 CLC (HCD)
....liance to the Registrar of this Court. With the above directions and observations, the appeal is allowed. Naima Haider J. - I agree. This Case is also Reported in: 30 BLD (HCD) (2010) 584. ......et against the principal accused Probir Deb Nath under section 7 of the Nari-o-Shishu Nirjatan Daman Ain, 2000 (as amended in 2003). At the same time submitting final report against the other accused persons. 4. The victim Kona was ordered to be kept in safe custody and was initially detained in..Category: Women and Children | Date: 14 Dec, 2009 | Hits: 150
Rezaul Kabir (Md.) and another Vs. Bangladesh and others, 2009, 38 CLC (HCD)
....ave been passed without any lawful authority and is of no legal effect. There will be no order as to costs. Ed. This Case is also Reported in: 67 DLR (HCD) (2015) 19 ......made absolute. Prior Show Cause Notice With Adequate Explanation It is fundamental principle of administrative law that before any order is passed which is likely to adversely affect a person it is essential that he be given a reasonable opportunity to be heard prior passing such orde..Category: Administrative Law, Employment/Service Law | Date: 22 Nov, 2009 | Hits: 3
Md. Jubayer Vs. State and others, 2009, 38 CLC (HCD)
....der be sent to the Court concerned at once for information. Afzal Hossain Ahmed, J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 343; 15 MLR (HCD) (2010) 424 . ......gment November 09, 2009. Result: The Rule is made absolute. The Negotiable Instruments Act, 1881 (Act No. XXVI of 1881); sections 138 & 141 In order to make person liable under section 138, the payee of the cheque has to give a notice in writing to the dra..Category: Criminal Law | Date: 9 Nov, 2009 | Hits: 128
Zahirul Islam & others Vs. Government of Bangladesh others, 2009, 38 CLC (HCD)
....Dhaka prepared in the name of the petitioners to the settlement press for final publication. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 168 ......nspection. Under Rule 30, the Revenue Officer shall decide summarily in presence of the interested parties any objection regarding ownership or possession of land or of any interest in land. Any person aggrieved by such an order on any objection made under Rule 30 may appeal to the Revenue Offi..Category: Property Law, Tenancy Law | Date: 28 Oct, 2009 | Hits: 5
Dr. Mir Jamal Uddin and others Vs. Dr. Nawzesh Farid and others, 2009, 38 CLC (AD)
....consideration. Accordingly, the petitions are dismissed. Ed. This Case is also Reported in: 15 MLR (AD) (2010) 196, 15 BLC (AD) (2010) 161; VII ADC (2010) 560, 31 BLD (AD) (2011) 25. ......writ petitions. 3. The PSC as well as the successful candidates contested the Rules by filing affidavits-in-opposition. The main contention of the PSC is that it reserves the right to select any person from any running process of appointment and that in the case in hand, it recommended the name..Category: Employment/Service Law | Date: 14 Oct, 2009 | Hits: 118
Md. Rezaul Kabir Vs. State and another, 2009, 38 CLC (HCD)
....py of this judgment and order be sent to the Special Judge and Sessions Judge, Mymensingh for information and necessary action. Ed. This Case is also Reported in: 14 MLR (HCD) (2009) 482. ...... 15. Rule 16 of the Anti-Corruption Commission Rules, 2007 requires that with a view to preventing corruption, Officer empowered by the Commissioner in-charge, for the purpose to catch hold of any person or persons red handed connected with the offences specified in the schedule to the Act, may s..Category: Anti-Corruption Laws | Date: 11 Oct, 2009 | Hits: 10
State Vs. Secretary, Ministry of Law, Justice & Parliamentary Affairs and others, 2009, 38 CLC (HCD)
.... judgment is circulated to all Judicial Officers in the service of the Republic. Md. Fazlur Rahman J. - I agree. This Case is also Reported in: 30 BLD (HCD) (2010) 369; 15 MLR (HCD)(2010) 59. ...... age of eighteen years or, in exceptional cases, for a shorter period, the reasons for such shorter period to be recorded in writing, or (b) to be committed to the care of a relative or other fit persons on such bond, with or without surety, as the Court may require, such relative or fit person ..Category: Women and Children | Date: 3 Sep, 2009 | Hits: 198
Category: Property Law | Date: 25 Aug, 2009 | Hits: 3
Shamsul Hossain Vs. Anwar Hossain and others, 2009, 38 CLC (HCD)
....st Appeal No. 48 of 1999 with First Appeal No. 330 of 1999 are allowed. No costs. Send down the lower Court Records at once. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 74 ......and was recorded in the name of Rally Brothers'. Jute office staff quarters, collie shade and some of the staffs living in the staff quarters possession were delivered to defendant No.5. The persons living there are on permission from defendant No.5. Plaintiffs have no right, title, inter&s..Category: Property Law | Date: 20 Aug, 2009 | Hits: 3
Shafiullah Chowdhury and others Vs. State, 2009, 38 CLC (HCD)
.... the Rule is hereby vacated. Communicate copy of this judgment to the concerned Court where the case is pending. Ed. This Case is also Reported in: 14 MLR (HCD) (2009) 490. ......6.1.2006 under section 420/406/34 of the Penal Code was registered against the accused petitioners. On conclusion of investigation police submitted charge sheet on 30.4.2006 against all the accused persons under section 420/406/34 of the Penal Code. The accused petitioner Nos.1 and 3 voluntarily..Category: Procedural Law | Date: 12 Aug, 2009 | Hits: 8
Dr. Mohiuddin Khan Alamgir Vs. ACC and another, 2009, 38 CLC (HCD)
....d. Since the appellant is on bail, let him be released from the bail bond. Send down the lower Court records at once. Ed. This Case is also Reported in: 15 BLC (HCD) (2010) 107. ......appellant was in jail, all the information was not readily available with him, he did not have access to nitty-gritty of information as to his assets. As such, the appellant had requested to give him personal hearing so that the appellant can clarify and explain his statement of assets. The appellan..Category: Anti-Corruption Laws | Date: 13 Jul, 2009 | Hits: 286
Most. Abu Tara Vs. Md. Abdur Rahim Khan and others, 2009, 38 CLC (HCD)
.... rule is discharged without any order as to costs. Lower Courts records be sent down at once with a copy of the Judgment. Ed. This Case is also Reported in: 17 MLR (HCD) (2012) 449. ......1 Abu Tara put in the Bainanama and the specimen signature put by her in front of the Court was identical. The learned Court was fully empowered to compare and tally the signature and hand writing of person if disputed under Section 73 of the Evidence Act. In this connection I like to cite the decis..Category: Evidence Law | Date: 25 Jun, 2009 | Hits: 42
Sree Pintoo Pal Vs. State, 2009, 38 CLC (HCD)
....orthwith if not wanted in connection with any other case. 46. Send down the L.C.R with a copy of the Judgment at once. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 220. .......07.2002 under section 9(1) of the Nari-O-Shishu Nirjatan Daman Ain, 2000. 4. The case ultimately came to the Judge, Nari-O-Shishu Nirjatan Daman Tribunal who framed charge against the accused person under section 9 (1) of the Nari-O-Shishu Nirjatan Daman Ain, 2000 and the charges were read ..Category: Women and Children | Date: 22 Jun, 2009 | Hits: 9
Bangladesh Power Development Board & others Vs. Abu Bakar Siddique & anothers, 2009, 38 CLC (AD)
....9 of 2001 are hereby declared to have been passed without lawful authority and is of no legal effect. Accordingly, the appeals are allowed without any order as to costs. Ed. ......thority also decided that any Assistant Technical Officer or any Sub-Assistant Engineer (Diploma holder) on passing the AMIE Examination completely will be re-imbursement in the post incurred by such person in taking approved course for the examination. The Authority will also contribute Rs.150 for ..Category: Employment/Service Law | Date: 3 Jun, 2009 | Hits: 256
Bangladesh Power Development Board & others Vs. Abu Bakar Siddique & anothers, 2009, 38 CLC (HCD)
....ithout lawful authority and is of no legal effect. Accordingly, the appeals are allowed without any order as to costs. Ed. This Case is also Reported in: 15 BLC (AD) (2010) 214. ......thority also decided that any Assistant Technical Officer or any Sub-Assistant Engineer (Diploma holder) on passing the AMIE Examination completely will be re-imbursement in the post incurred by such person in taking approved course for the examination. The Authority will also contribute Rs.150 for ..Category: Employment/Service Law | Date: 3 Jun, 2009 | Hits: 3