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Dr. Mohiuddin Khan Alamgir Vs. ACC and another, 2009, 38 CLC (HCD)
....nd lawyers for preparing a statement of assets pursuant to the direction made in the said notice. The appellant prepared his statement of assets within less than an hour in presence of the Jailor and handed it over to his brother Dr. Burhan Uddin Khan Jahangir on 20-2-2007 for reaching the same to t......Service in 1965. Thereafter, he did his PhD. He served with distinction as a teacher of Dhaka University, Banks, Consultant of different international organisations and after his retirement from the government service as Secretary, he served the country as State Minister as technocrat. He became act......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. ..Category: Anti-Corruption Laws | Date: 13 Jul, 2009 | Hits: 286
Most. Abu Tara Vs. Md. Abdur Rahim Khan and others, 2009, 38 CLC (HCD)
....nama and the signature of defendant No.1 was upon the plaintiff. But the plaintiff did not take any steps to prove the signature of the defendant No.1 Most. Abu Tara by examining the signature by the hand writing expert as such the vital document of Bainanama was not proved and the suit was rightly ......ssessing the suit land through tenants as well as by her family members for more than 12 years by erecting 8 semi pucca rooms and taking electric, water and gas connection and by paying rents to the Government. That in the last survey attested Khatian No.44975 has been correctly prepared in the name...... 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. ..Category: Evidence Law | Date: 25 Jun, 2009 | Hits: 42
Sree Pintoo Pal Vs. State, 2009, 38 CLC (HCD)
....isonment for life and to pay a fine of Taka 5000/= in default to suffer rigorous imprisonment for 6(six) months more. 2. The prosecution story, in brief, is that, on 25.06.2002 at 16.10 hours Chandan Adikari as informant lodged FIR with the Manda police station against the appellant Pintoo P......ely 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 over to him in open Court to which the accused pleaded not guilty and claimed to be tried. 5. ......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. ..Category: Women and Children | Date: 22 Jun, 2009 | Hits: 9
Emran Ahmed & 20 anothers Vs. Bangladesh and others, 2009, 38 CLC (HCD)
....everal years, they cannot be terminated from service suddenly by taking recourse to a provision i.e. Regulation 52 (1) without assigning any reason. This clearly shows administrative arbitrary high handedness and cannot be justified simply on the plea that it is termination simpliciter and does no......s been further submitted by the learned Advocates that Biman Bangladesh Airlines Limited is a public body within the meaning of the said Service Regulations and 100% shares of Biman are owned by the Government. He therefore, submits that Bangladesh Biman Airlines Limited is not a private company o...... only is the corporation a Government company of which all the shares are owned by the central Government and two State Governments but is a Government company which is under the complete control and management of the central Government. It is nothing but the Government operating behind the corpor..Category: Employment/Service Law | Date: 2 Jun, 2009 | Hits: 35
Sheikh Md. Nurul Haque Vs. State and another, 2009, 38 CLC (HCD)
....omplaint before the Court of Chief Metropolitan Magistrate, Khulna Contending, inter alia, that the complainant was a business man maintaining business for long time with reputation that on the other hand, the accused petitioner used to purchase goods (construction materials) from him by cash or b......he date of cheque in question is tampered and forged and the complainant opposite party No.2 instituted the case under section 138 of the Negotiable Instruments Act using the said forged cheque to recover 3 three times of the amount as mentioned in the alleged cheque and to harass and humiliate the ......ds vacated. Send a copy of this order to the Metropolitan Magistrate, Khulna for compliance. Md. Ataur Rahman Khan J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 162. ..Category: Banking Law | Date: 26 May, 2009 | Hits: 663
Bangladesh National Women Lawyers Association (BNWLA) Vs. Bangladesh and Others, 2009, 38 CLC (HCD)
....sexual harassment by the manager and one of the supervisors of the factory. The supervisor would touch her shoulder and back while passing by her station. At times, he would bend over her and put his hand on her shoulder and try to reach her bosom. Golapi had no where to go as the manager himself wa......Division (Special Original Jurisdiction) Present: Syed Mahmud Hossain J Quamrul Islam Siddiqui J Bangladesh National Women Lawyers Association (BNWLA)...... the petitioner Vs. Government of Bangladesh and Others...... the respondents Judgment May 14, 2009. Cases Ref...... which 80% are female are involved in this sector. The organizational structure, culture, job situation, and the power relationship are such that women workers remain more or less at the mercy of the management, which is almost 100% male. The females are at the lowest rung of the hierarchy with high..Category: Women and Children | Date: 14 May, 2009 | Hits: 330
State Vs. Anjali Debi alias Monju Debi, 2009, 38 CLC (HCD)
.... judgment is backed by emotion, not by reasoning, as such, the impugned judgment is liable to be set aside. 5. Mr. Md. Masud Hasan Chowdhury, the learned Assistant Attorney-General, on the other hand, submits that, trafficking of children having been proved against the condemned prisoner, only ...... applied in a case when there is possibility of acquittal or the fact does not invite any harsh sentence. It can be seen that from the year 1983 up to 2003, special laws have been promulgated by the Government for safety of woman's body, but there is no achievement, rather parallel laws are running ......ent to Begum Amirun Nesa, the then Judge of Nari-o-Shishu Nirjatan Daman Tribunal, Pabna, immediately at her present posting. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 738. ..Category: Women and Children | Date: 5 May, 2009 | Hits: 75
Sirajul Islam (Md) Vs. Tauhid Uddin Ahmed & another, 2009, 38 CLC (HCD)
....uch, the proceeding against the accused petitioner is abuse of the process and is liable to be quashed. 6. Mr. Yusuf Hossain Humayun, the learned Advocate for the opposite party No.1, on the other hand, submits that notice was served through registered post with AD which was not denied by the acc......ay granted earlier stands vacated. Send a copy of this order to Metropolitan Assistant Sessions Judge, Court, Dhaka for compliance. Ed. This Case is also Reported in: 15 BLC (HCD) (2010) 39. ......ay granted earlier stands vacated. Send a copy of this order to Metropolitan Assistant Sessions Judge, Court, Dhaka for compliance. Ed. This Case is also Reported in: 15 BLC (HCD) (2010) 39. ..Category: Banking Law | Date: 4 May, 2009 | Hits: 280
Zahed Hossain (Md.) Vs. State and another, 2009, 38 CLC (HCD)
.... Vol. 86, Page 943. Accordingly, he submits that the present Rule may be absolute for ends of justice. 5. Mr. Khurshid Alain Khan, the learned Advocate for the opposite party No. 2, on the other hand, submits that the accused-petitioner issued 8 (eight) cheques in favor of the opposite party No...... cheque and his filing of one case for so many dishonored cheques is not permissible. 40. In this connection, we like to mention that Negotiable Instruments Act is a special Law. It will prevail over general law like CrPC. Filing of case in respect of dishonored cheque is guided by the provisio......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. Abdur Rashid & others Vs. Most. Amena Khatun and others, 2009, 38 CLC (HCD)
.... The Rule is discharged. Cases Referred to- Guru Charan Mondal and others Vs. Sree Bhaba Sindhu Sarkar and others, 1 EX File Plus (AD) 73. Lawyers Involved: Sasti Sarker with Khandaker Nozrul Islam- For the Petitioners. Md. Nurul Amin with Md. Amimul Ehsan- For Opposite ...... aforesaid Heba-bil-ewaz deeds got the suit jama mutated in her name vide Mutation Case No.298/9-2/97-98 and 299/9-2/97-98 and since then has been possessing the suit land by paying rent to the Government. It is further contended that the plaintiffs without having any right title and interest i...... is discharged, however, without any order as to costs. Send down the Lower Court Records at once. Ed. This Case is also Reported in: 29 BLD (HCD) (2009) 296. ..Category: Property Law | Date: 13 Apr, 2009 | Hits: 2
Jaharlal Bandapadhya and others vs. Most. Begum Jahanara, 2009, 38 CLC (AD)
....e-petition. 6. The learned Advocate appearing for the petitioner, contended that the learned Single Judge of the High Court Division acted illegally in taking into consideration the opinion of the hand writing expert (P.W.1) in deciding the genuineness of the agreement dated 15.01.1971 for sale o......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. ......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)
.... paramount consideration and that the petitioner being the mother is entitled to his custody till she remarries. 10. Mr. Md. Ashraf Ali, learned Advocate for respondent Nos.1 and 2, on the other hand, submits that admittedly the child detenu is aged about ten years and that according to the Moh......ister telephoned respondent No.2 who informed her that neither respondent No.1 nor the child was there and that he did not know their whereabouts. On 1.1.2009, respondent No.1 informed the petitioner over telephone that he is a Bangladeshi and that according to Bangladesh law the child was his and r.......2.1998. The petitioner is the mother of the detenu child. She has been residing in London, England for the last 6 years. Currently, she has been enrolled in two years' diploma course in business management and marketing at London Reading College, London, England. She has also been employed..Category: Family Law, Women and Children | Date: 16 Mar, 2009 | Hits: 182
Aysha Begum Vs. State, 2009, 38 CLC (HCD)
....al Procedure preferred by victim Nurun Nahar Auntu in Criminal Misc. Case No. 13454 of 2008 in which she was granted bail was quite inept and we have no option but to discharge the rule. On the other hand, while we consider that there are adequate materials before us (which we have discussed at leng......ut 7-45 in the morning accused Mintu along with several other accused kidnapped the victim when she appeared at the school gate. The aforesaid occurrence was intimated to her by her mother and sister over telephone to Kuwait. Then she came to Bangladesh from Kuwait and tried to contact the accused b......er to the Deputy Commissioner, Narayanganj and Superintendent of Police Narayanganj for their information and necessary action. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 493. ..Category: Women and Children | Date: 12 Mar, 2009 | Hits: 23
Fahima Nasrin Vs. Government of Bangladesh and others, 2009, 38 CLC (HCD)
....he learned Judge does not say that the offender was to be sent to prison upon attaining the age of 18 years and, hence, that may not be read into the Court’s order. She submitted that, on the other hand, section 67 of the Act provides for discharge of any inmate of any certified institute or appro......gh Court Division (Special Original Jurisdiction) Present: Md. Imman Ali J Sheikh Abdul Awal J Fahima Nasrin, daughter of Abul Hashem Mia........................Petitioner Vs. Government of Bangladesh and others..........................Respondents Judgment February 11,......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)
....tmental proceeding being No.3 of 2000 and 4 of 2000 can not be sustained under the Constitutional guarantee as embodied under Article 27 of the Bangladesh Constitution. 9. On the other hand the learned Assistant Attorney General Mr. Md. Iqbal Hossain upon referring the endorsement হ......dul Hoque Chowdhury J Sontosh Kumar Shaha…………………………………………Petitioner Vs. Government of Bangladesh and others………………Respondents J......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. ..Category: Administrative Law, Constitutional Law | Date: 5 Feb, 2009 | Hits: 2
Abdul Latif Howlader and others Government of Bangladesh and others, 2009, 38 CLC (HCD)
....e being vacant posts of similar scale available. Let a copy of this judgment and order be transmitted at once. Ed. This Case is also Reported in: 29 BLD (HCD) (2009) 280. ...... Islam J Abdul Latif Howlader and others…………………………………………Petitioners Vs. Government of Bangladesh, represented by The Secretary, Ministry of Forrest and Environment, Banglade......e being vacant posts of similar scale available. Let a copy of this judgment and order be transmitted at once. Ed. This Case is also Reported in: 29 BLD (HCD) (2009) 280. ..Category: Administrative Law, Employment/Service Law | Date: 21 Jan, 2009 | Hits: 1
Dr. Shipra Chaudhury and another Vs. Government of Bangladesh and others, 2009, 38 CLC (HCD)
.... Court of England is annexed to this order. The Police Commissioner, Dhaka is directed to ensure her safe journey to the British High Commission. A Court Keeper of this Court is directed to handover the detenu to the British High Commission. The detenu also stated her versio......risdiction) Present: Syed Mahmud Hossain J Quamrul Islam Siddiqui J Dr. Shipra Chaudhury and another………………Petitioners Vs. Government of Bangladesh and others…………Respondents Judgment Jan......rity and in an unlawful manner. 38. There is no order as to costs. I Agree Quamrul Islam Siddiqui J. Ed. This Case is also Reported in: 29 BLD (HCD) (2009) 183. ..Category: Women and Children | Date: 19 Jan, 2009 | Hits: 10
Category: Hindu Law | Date: 18 Dec, 2008 | Hits: 22
Nazimuddin (Md.) Chairman Vs. Government of Bangladesh, 2008, 37 CLC (HCD)
.... is coram non judice. 10. Mr. MA Aziz Khan, the learned Advocate, appearing on behalf of the respondent No. 2, the Anti-Corruption Commission, by filing an affidavit in- opposition, on the other hand, vehemently opposes the Rule by submitting that the submissions of the learned Counsel for the ......Imman Ali J Md. Ashfaqul Islam J Nazimuddin (Md.) Chairman ……………………………… Accused-Petitioner Vs. Government of Bangladesh represented by the Secretary, Ministry of Law………&hellip...... 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)
....to 1971 and who, seeing no prospect of his return to this country in the post-1971 period, is said to have gifted all his shares prior to 1971 to the Hussainia Trust. To that end MAHI is said to have handed over all his shares scrips to MAI who was both a founder trustee of the Hussainia Trust and a......cture of the Company. The growing fortunes of the Company led to it emerging as the parent company to a progressively expanding group of companies engaged in the commercial and industrial sectors all over British India. The Company is said to have been converted from a private to a public limited co...... this request were the members of the Board of Directors of the Hussainia Trust and also members of the Board of Directors of the Company they, thereby, secured to themselves the absolute control and management of the two entities for their own benefit notwithstanding the existence of the share tran..Category: Company Law | Date: 4 Dec, 2008 | Hits: 505