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

....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. ......d as a sanction required under section 32(1) for the purpose of taking cognizance by the Court. 10. Basing on these arguments on the point of sanction the learned Counsel further submitsthat the decision reported in Md. Nazimuddin Chairman Vs. Government of Bangladesh, 61 DLR 2009 81 is not app..

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

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

.... 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. ......retary comprising Secretaries of various Ministries and others in order to look into the condition of children being held within the prisons. Ms. Fahima Nasrin submits that in fact as a result of the decision in that Suo Motu Rule the number of the children held within the prisons was reduced from a..

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

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

....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. ......ich would not go to abjure the liability of payment of the outstanding loan so as to restore his right of directorship of the said Bank. 8. In support of his contention Mr. Khan has referred the decision in the case Md. Yaqub Vs. Bangladesh Bank reported in 5 MLR (AD) 137 where their lordships ..

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

Nurul Majid Mahmood Humayun Vs. Brigadier General Hassan PSC (Rtd.) and others, 2010, 39 CLC (AD)

....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. ......he same constituency, on 12-12-2008 Returning Officer issued a letter against him stating that on the basis of "Paripatra 13Ka" dated 11-12-2008 issued by the respondent No.3 they had taken decision to exclude his name from the Election List as they could not allocate him any symbol. The s..

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

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

....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. ......adesh Telecom (Pvt.) Ltd. Vs. T & T Board and others, 48 DLR (AD) 20; Trading Corporation of Bangladesh (TCB) Vs. The Commissioner, Customs, Excise and VAT Commissionarate, Chittagong (unreported decision). Lawyers Involved: Rokon Uddin Mahmud with, Md. Asaduzzaman, Advocates - For the..

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

Abul Kashem (Md.) Vs. Anti-Corruption Commission and others, 2010, 39 CLC (HCD)

....order as to cost. The order impugned against is declared to have been passed without lawful authority and is of no legal effect. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 67. ......;same matter is malafide, illegal and unautho­rized which is liable to be declared without jurisdiction and is of no legal effect. In support of his contention the learned Counsel reliance in the decision of Anti-Corruption Commission Vs. Abul Kalam Shamsuddin 14 MLR (AD) 153 and also Niranjan M..

Category: Anti-Corruption Laws | Date: 5 Oct, 2010 | Hits: 182

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

....ely to be hazardous or to interfere with the child’s education, or to be harmful to the child’s health or physical, mental, spiritual, moral or social development. 2. States Parties shall take legislative, administrative, social and educational measures to ensure the implementation of the pre......any person is a child or an adolescent, the question shall, in the absence of a certificate as to the age of such person granted by a registered medical practitioner, be referred by the Inspector for decision to a registered medical practitioner. (2) A certificate as to age of a person granted by..

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

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

....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. ......riminal Procedure (CrPC). Had the police done so at the ear­liest time then possibly an investigation undertaken immediately could have been more fruitful in recov­ering the girl. By reference to a decision in the case of Ramesh Kumari Vs. State (NCT of Delhi), AIR 2006 Supreme Court 1322 he submi..

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

Prime Global Ltd and others Vs. Artha Ain Adalat No.4, Dhaka and others, 2010, 39 CLC (HCD)

....eous Case No. 390 of 2008 (arising out of Artha Rin case No. 291 of 2003) is without lawful authority and is of no legal effect. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 205 ......publication was not done in accordance with the trial Court order inasmuch as, the notices of the suit were pub­lished in two news papers not ordered by the Adalat. In this regard she refers to a decision of our Appellate Division in Abul Khair Miah Vs. Abdul LatifSarker reported in 32 DLR (AD) ..

Category: Banking Law | Date: 23 Aug, 2010 | Hits: 2

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

....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. ......cing cogent evidence, either oral or documentary. So, he submits that both the Courts below without assessing the evidence properly decreed the suit. He in support of his contention referred to the decisions in the case of Noorjahan Begum Vs. Mahmudur Rahman Mullick and others, reported in 34 DL..

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

Rehana Begum and another Vs. State, 2010, 39 CLC (HCD)

....sult, the appeal is dismissed. Send down the Lower Court Record at once. Communicate the order at once. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 75; 30 BLD (HCD) (2010) 448. ......d foundation for conviction, more so if some assurance for it is available from the medical evidence. We respectfully agree with the views noted above. 23. Measured by the standard, in view of the decisions referred here to before, we have not found, upon scrutiny of the evidence and the material..

Category: Women and Children | Date: 1 Aug, 2010 | Hits: 227

Md. Zahirul Islam Vs. Adamjee Jute Mills Ltd., 2010, 39 CLC (HCD)

....ntiff opposite party's suit is dismissed. Let a copy of the judgment along with lower Court's record be sent down at once. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 420. ...... submits that the suit is not barred by law of limitation inasmuch as it is apparent from the plaint that the last cause of action for filing the suit on 25.8.1985. 10. He finally relying on the decision reported in 7 MLR 132 submits that from the averments of the plaint clearly show that how t..

Category: Limitation Law | Date: 20 Jul, 2010 | Hits: 38

S.M. Saiful Hasan Vs. Director General, Bangladesh Sugarcane Research Institute and others, 2010, 39 CLC (HCD)

....here will be no order as to costs. The order of stay granted earlier by this court stands vacated. Zubayer Rahman Chowdhury J. - I agree. Ed. This Case is also Reported in: ......issue agreed to the recommendation of the inquiry committee and decided to cancel the promotion of the petitioner and also to recover monetary benefits, if so received by him. Pursuant to the said decision, the respondent no.1 issued the order of cancellation of promotion of the petitioner. That..

Category: Employment/Service Law | Date: 18 Jul, 2010 | Hits: 5

Abeda Khatun and others Vs. Md. Idris Mia and others, 2010, 39 CLC (HCD)

....order of stay granted at the time of issuance of the Rule is hereby vacated. Send down the lower Court's record at once. Ed. This Case is also Reported in: 18 BLT (HCD) (2010) 308. ...... of the Court and as such the appellate Court below did not commit any error of law. 6. Heard the learned advocates at length, perused the revisional application, lower Court's record and the decision cited by the learned Advocate for the petitioner. 7. On perusal of the record it app..

Category: Procedural Law | Date: 14 Jul, 2010 | Hits: 3

Monir Hossain (Md.) and anothers Vs. Bangladesh and others, 2010, 39 CLC (AD)

....No.2081 of 2008. The petition is accordingly dismissed. Ed. This Case is also Reported in: 16 BLC (AD) (2011) 41, VIII ADC (2011) 404, 8 LG (AD) (2011) 141, 16 MLR (AD) (2011) 245. ......s tainted by nepotism, corruption, and political influence. The recommendation of the PSC in respect of selection and appointment of the writ petitioners to different posts is not itself a final decision. The Government is not bound to accept the recommendation of the PSC. Therefore, the writ p..

Category: Employment/Service Law | Date: 11 Jul, 2010 | Hits: 104

Bangladesh Legal Aid and Services Trust and Others Vs. Government of Bangladesh and Others, 2010, 39 CLC (HCD)

.... Children's Affairs and the Inspector General of police by a special messenger of the Court at the costs of the office. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 61; 63 DLR (2011) 1.......bjected to whipping, lashing and beating in imposition and execution of certain penalties, by private individuals acting without any authority of law. Apart from the status of Fatwas which is pending decision in the Appellate Division, imposition and execution of punishment by private persons is for..

Category: Women and Children | Date: 8 Jul, 2010 | Hits: 335

Abul Hashem Vs. State, 2010, 39 CLC (HCD)

....e set at liberty at once if not wanted in connection with any other case. Send down the LC records at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013)16.   ......vidence to secure conviction of the accused. The accused is entitled to get all benefits of doubt till the prosecution succeeds in proving it case convincingly. This propo­sition supported by the decision of the case of the Dala Miah Vs. State reported in 14 BLD 477. Wherein their lordships held..

Category: Evidence Law | Date: 26 May, 2010 | Hits: 8

Roshanally Mohamed Harji and another Vs. AKM Zakir Hossain and another, 2010, 39 CLC (HCD)

....ut any order as to costs. Sent down the lower Court record. Communicate this order at once. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 85; 20 BLT (HCD) (2012) 532 . ......stence of a contract for execution and registration, as such, the learned Judge committed to illegality in decreeing the suit. 11. Learned Advocate in support of his sub­missions, relied on the decision of Nasima Akhter Vs. Md. Siraj Miah, 10 MLR (AD) 53 = 57 DLR (AD) 38 where it has been held..

Category: Property Law | Date: 12 May, 2010 | Hits: 133

Most. Johura Begum alias Mosammat Johara Begum Vs. Alhaj Abdur Rob Bhuiyan and others, 2010, 39 CLC (HCD)

....ndant Nos.1-3 Md. Nurul Haque Sheikh is added as defendant No.5 in the suit. Let a copy of this Judgment be sent down at once. This Case is also Reported in: 17 MLR (HCD) (2012) 409. ......ion that, in the facts and circumstances of the case, the opposite party No.1 is a necessary party to be impleaded in the suit." 10. The present case is fully covered by the above quoted decision. In exceptional facts and circumstance the presence of a stranger to the contract is neces..

Category: Procedural Law | Date: 9 May, 2010 | Hits: 4

Nazma Sarwar and others Vs. Government of Bangladesh and others, 2010, 39 CLC (HCD)

....opy of this judgment be trans­mitted to the Court concerned at once. SM Emdadul Hoque J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 359; 17 MLR (HCD) (2012) 412. ......it petition did not surrender before the trial Court and he is a fugitive from justice. The learned Advocate submits that the Rule is not maintainable. In support of his contention he referred to the decision of the Anti-Corruption Commission Vs. Mohammad Hossain and others 61 DLR (AD) 17, The Anti-..

Category: Procedural Law | Date: 6 May, 2010 | Hits: 109