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

....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. ...... more than one candidate and if more than one candidate are nominated, the name of one nominated candidate shall be sent to the Returning Officer in writing before the scrutiny of the nomination papers. (3b) Every nomination paper under clause (2) shall be delivered along with an affidav...... (Civil) Present: ABM Khairul Haque CJ Md. Muzammel Hossain J SK Sinha J Mahbub Ahmed Chowdhury.......................Petitioner Vs. Chief Election Commissioner and others..........Respondents Judgment January 23, 2011. Result: Civil Petit...... may profitably refer to Clause 3(a) and (3b) of Article 12 of the RPO, 1972 which reads as under: "(3a) Every nomination paper under clause (2) shall be delivered along with the following documents namely: (a) in the case of an independent candidate a list of signature of one perc..

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)

....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: ......e High Court Division and kept the execution case stayed for two years, but ultimately allowed it to be discharged for default. In the execution proceeding auction notices were published in four news papers, and attempts were made twice to sell the mortgaged property. As no bidder had participated i......t: Nazmun Ara Sultana J Md. Ruhul Quddus J Md. Hamiduzzaman……………………………………..... Petitioner Vs. The Joint District Judge, Artha Rin Adalat, Faridpur and others….... Respondents Judgment January 20, 2011. Result The Rule is disc......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)

....tion is a mixed question of law and facts. In the present case the fact i.e. the date of disposal of the first execution case and that of filing the second execution case is admitted. These facts are relevant to resolve the issue of limitation in view of section 28 (3) of the Ain, which runs as foll......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: ......nt: Nazmun Ara Sultana J Md. Ruhul Quddus J Mirza Ahsan Habib………………………………………………………Petitioner Vs. The Judge, Artha Rin Adalat, Khulna and another………....Respondents Judgment January 19, 2011. Result The Rule i......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

Bangladesh Legal Aid and Services Trust Vs. Secretary, Ministry of Education, 2011, 40 CLC (HCD)

....s which were highlighted in the writ petition. 13. On 08.11.2010 the respondent No.16 filed an affidavit giving details of some action which has been taken in particular cases upon inquiry by the relevant officer. 14. On 09.11.2010 the respondent No.1 filed a further affidavit in compliance ......girls, studying in governmental and non-governmental primary and secondary educational institutions, including madrashas, in particular those reported in a series of reports published in national newspapers during 2010. Also impugned is the failure of the respondents to comply with their statutory a......ildren, whether by parents or schools. ...... 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

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

....find any merit in the leave petition. Accordingly, the leave petition is dismissed with cost of Taka 5,000 (five thousand). Ed. This Case is also Reported in: 66 DLR (AD) (2014) 104. ......find any merit in the leave petition. Accordingly, the leave petition is dismissed with cost of Taka 5,000 (five thousand). Ed. This Case is also Reported in: 66 DLR (AD) (2014) 104. ...... is also Reported in: 66 DLR (AD) (2014) 104. ......macy of children born out of the lawful marriage if from the time of the alleged marriage both the parties are recognized by all persons concerned as man and wife and also described in important documents and on important occasions. It has been held in the case of Chellammal Vs. Ranganatham Pil..

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

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

....e university authority committed gross illegalities in cancelling the admission of the petitioner on, 19-11-2008 and subsequently affirming the same on 27-12-2008. 6. The photocopies of the relevant OMR sheets have been annexed to the Supplementary Affidavit-in-Opposition dated 12-8-2010 f......ue and cry about illegal admission of some students including the petitioners to the university in that academic session and a news item was accordingly published in this regard in different newspapers. Ultimately a six-member committee was formed by the university authority to inquire into the...... ......ted by the petitioners in collusion with some functionaries of the university. It has already been found in the inquiry report that the admission forms and other related matters are all spurious documents and accordingly, the inquiry committee came to the definite finding that the petition..

Category: Administrative Law | Date: 9 Dec, 2010 | Hits: 2

Thana Nirbahi Officer, Pirgachha, Rangpur and others Vs. Md. Dulal Miah, 2010, 39 CLC (HCD)

....party, but no one appears to oppose the Rule. The learned Assistant Attorney General is also found absent and therefore, the matter is taken up for disposal in absence of the parties. 3. The facts relevant for deciding the instant Civil Rule, as it appears from the record and application for cond...... the revisional application is hereby condoned. The office is directed to place the revisional application before an appropriate motion bench immediately. Ed. This Case is also Reported in: ......te motion bench immediately. Ed. This Case is also Reported in: ...... the revisional application is hereby condoned. The office is directed to place the revisional application before an appropriate motion bench immediately. Ed. This Case is also Reported in: ..

Category: Procedural Law | Date: 8 Dec, 2010 | Hits: 180

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

.... Marriages and Divorces (Registration) Act, 1974 and Rule 5A of the Muslim Marriages and Divorces (Registration) Rules, 1975 in respect of Ward No.100 of the Dhaka City Corporation. 2. The facts relevant for disposal of this Rule, in short, are that the petitioner was accorded approval under se......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. ......llip;.........Respondents Judgment December 6, 2010. Result: 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 N......t-in-reply the petitioner has denied the material facts as stated in affidavit-in-opposition by the respondent No.1. 8. Heard the learned Advocate of both the parties and perused the records and documents as annexed to the application, affidavit-in-opposition and the affidavit-in-reply. The pet..

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

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

....on in Writ Petition No.5277 of 2008 discharging the Rule without interfering the formation of Election Committee for holding Election of Tangail Central Co-operative Bank Ltd. 2. The facts relevant for disposal of the case, in short, are that the present petitioner filed Writ Petition No......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. ......ain J SK Sinha J Syed Wahid Iqbal.................................Petitioner Vs. Bangladesh, represented by the Secretary, Ministry of Local Government, Rural Development and Co-operative Division-5 Bangladesh Secretariat and others............................................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)

....l Code read with section 5(2) of the Prevention of Corruption Act, 1947 pending in the 3rd Courtof the Special Judge, Dhaka should not be quashed so far as it relates to the petitioner. 2. Facts relevant for the purpose of disposal of the Rule may be briefly stated as follows: The accused-......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. ......Present: Moyeenul Islam Chowdhury J AKM Abdul Hakim J Hasna Ahmad……………………………Petitioner Vs. State and another……………………………O......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)

....oms Station, Hakimpur Dinajpur and Godown Officer, Customs Godown Hilli, Dinajpur (respondent No.2 and 6 respectively) to release the said lentils upon scrutiny of the import documents and other relevant documents within 7(seven) days if the claim of the petitioner be found indisputable. 3......e Godown Officer, Hilli and submitted an application on 21-8-2010 (Annexure-G) before the Deputy Commissioner of Customs, Hilli Customs Station, Hakimpur, Dinajpur (respondent No.2) with all relevant papers claiming the ownership of the said lentils and prayed for release of the said goods, but no a...... J Sheikh Hassan Arif J Shafiqul Islam (Md.)………………...........Petitioner [In both Writ Petitions] Vs. The Commissioner of Customs, Excise and VAT Rajshahi and others........Respondents Judgment November 11, 2010. Result: ...... and Vat, Hilli Customs Station, Hakimpur Dinajpur and Godown Officer, Customs Godown Hilli, Dinajpur (respondent No.2 and 6 respectively) to release the said lentils upon scrutiny of the import documents and other relevant documents within 7(seven) days if the claim of the petitioner be found ..

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

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

....ously aggrieved by the aforesaid unlawful acts of the said respondents appealed to the writ petitioner for appropriate legal assistance. After conducting necessary field investigation, scrutinizing relevant papers and analysing laws, the writ petitioner, being satisfied with the truth of the alleg......rieved by the aforesaid unlawful acts of the said respondents appealed to the writ petitioner for appropriate legal assistance. After conducting necessary field investigation, scrutinizing relevant papers and analysing laws, the writ petitioner, being satisfied with the truth of the allegations is......e 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. Result......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

Shanik Chandra Barmon Vs. State and another, 2010, 39 CLC (HCD)

....ot be quashed or any other order passed as this Court may deem fit and proper. 2. By the same Rule issuing order, all proceedings of the above mentioned CR Case was also stayed. 3. The relevant facts for disposal of the Rule are that the opposite party No. 2 Md. Rafiqul Islam, Branch ......ccordance with the aforesaid Rules, 2007. Send a copy of the judgment and order to the Court below immediately. Ed. This Case is also Reported in: 66 DLR (HCD) (2014) 114 ......6 DLR (HCD) (2014) 114 ......ccordance with the aforesaid Rules, 2007. Send a copy of the judgment and order to the Court below immediately. Ed. This Case is also Reported in: 66 DLR (HCD) (2014) 114 ..

Category: Anti-Corruption Laws, Criminal Law | Date: 2 Nov, 2010 | Hits: 5

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

....of the petitioner after taking us with the petition, supplementary affidavit made exhaustive and strenuous argument touching upon various provisions of the Anti-Corruption Commission Act 2004 and its relevant Rules asserting that the instant proceeding against the petitioner is absolutely without ju......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. ......Result: The Rule is discharged. Cases Referred to- Md. Nazimuddin Chairman Vs. Government of Bangladesh, 61 DLR 2009 81; 21 BLD (AD) 10; ACC Vs. Mohiuddin Khan Alamgir, 62 DLR (AD) 290 and 295; Habibur Rahman Mollah Vs. the State, 62 DLR (AD) 233; and Md. Nazimuddin Chairman Vs. Gover......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

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.......Premsing, 2009 CrLJ (SC) 786; Sheikh Zakir Vs. State of Bihar, AIR 1983 (SC) 911; Al-Amin Vs. State 51 DLR 154. Lawyers Involved: Alhaj ABM Nurul Islam, Senior Advocate with Md. Giasuddin Ahmed and Elida Yeasmin, Advocates-For the Appellants. Md. Mosharraf Hossain Sarder, Deputy Attorney-Ge......ed into the matter. He sent the victim for recording her statement in the Court and also sent her to the doctor for examination. He has recorded statement of the witness. He has also considered the documents in connection with the first investigation and having found a prima facie case against the..

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)

.... candidature and the legal consequences of all these facts are evidently mixed question of law and facts and these are to be decided in the light of the evidence to be led by the parties and the relevant laws. 11. In the case of Major SS Khanna Vs. Brig. FJ Dillon, AIR 1964 SC 497, Supreme......Election Tribunal in accordance with the Ruling of this Division reported in 42 DLR (AD) 137. Respondent No.1 then filed Election Petition No.4 of 2009 before the High Court Division without original papers because of the refusal of the Returning Officer to provide him certified copies of all t...... ABM Khairul Haque CJ Md. Muzammel Hossain J SK Sinha J Kazi Mahmud J Nurul Majid Mahmood Humayun ....................Petitioner Vs. Brigadier General Hassan PSC (Rtd.) and others……Respondents Judgment October 7, 2010. Result: The lea......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)

....e to appeal has been filed against the judgment and order dated the 1st day of March, 2011 passed by the High Court 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 Administrat......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. ...... Syed Mahmud Hossain J Muhammad Imman Ali J Muhammad Mamtaz Uddin Ahmed J Md. Shamsul Huda J Khurshed Alam..............................Petitioner Vs. Abul Kalam and others………………………Respondents J......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)

....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. ......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. ......sh Limited, (formerly known as Sheba Telecom (Pvt) Limited)……………Petitioner Vs. National Board of Revenue, represented by its Chairman, Segunbagicha, Dhaka and others..........................Respondents Judgment October 7, 2010. Result: ......n Division went to visit the office of Ring Distribution on 26.4.2007 and found 4,65,906 pieces of SIM cards and 81,88,327 numbers of scratch cards that belonged to the petitioner. They asked for VAT documents to Ring Distribution who failed to show proper documentation and the officials seized the ..

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

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

....obtained the present Rule. 8. Mr. Moudud Ahmed, the learned senior Advocate appearing with Mr. Md. Abul Kalam Patwary, the learned Advocate for the petitioner after placing the petition and relevant Annexures with it and the supplementary affidavit mainly argued that the petitioner had alr......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. ......t Division (Special Original Jurisdiction) Present: Md. Ashfaqul Islam J SM Emdadul Hoque J Abul Kashem (Md.)............Petitioner Vs. Anti-Corruption Commission and others.....................Respondents Judgment October 5, 2010. Result: Th......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. ..

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

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