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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. ...... Present: Afzal Hossain Ahmed J Md. Abdus Samad J Md. Rezaul Kabir………………………..Accused-petitioner Vs. The State and another…………………………..Opposit......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. ......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. ..

Category: Anti-Corruption Laws | Date: 11 Oct, 2009 | Hits: 10

Abdul Latif alias Kahinur alias Kahin and other Vs. State, 2009, 38 CLC (HCD)

.... and narrated the incident to her brother, sister-in-law, and others and a salish was held but the accused persons did not appear and subsequently she lodged a complaint with the local Union Parishad Chairman but with no result and thereafter she went to the local police station and was adviced to f......11) 245. ......ection with any other case. Send down the lower Court records and a copy of the judgment and order to the Court concerned. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 245. ......ection with any other case. Send down the lower Court records and a copy of the judgment and order to the Court concerned. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 245. ..

Category: Women and Children | Date: 6 Oct, 2009 | Hits: 116

State Vs. Secretary, Ministry of Law, Justice & Parliamentary Affairs and others, 2009, 38 CLC (HCD)

.... live up to its promises to set up a Children’s Commission/Children’s Ombudsman. Alternatively, a National Juvenile Justice Forum, which are in vogue in certain countries, may be set up under the Chairmanship of a senior sitting Supreme Court Judge. The practical benefit would be that the Forum ...... Md. Fazlur Rahman J State......................................................................................Petitioner Vs. Secretary, Ministry of Law, Justice & Parliamentary Affairs and others ..........Respondents Judgment September 3, 2009. Result: The Rule is dispose...... 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. ......ained to remind the media once again that disclosing the identity of minor accused and victims is prohibited under section 17 of the Children Act, 1974 and is punishable under section 46 of that Act. Publication of identity is also prohibited under section 14(1) of the Nari-o-Shishu Nirjatan Daman A..

Category: Women and Children | Date: 3 Sep, 2009 | Hits: 198

Tobarak Ali Bepari Vs. Hachen Kha Being Dead His Heirs 1(A) Razzak Kha and others, 2009, 38 CLC (HCD)

....tion money along with the compensation, so deposited by the pre-emptor. Send down the lower Courts records immediately. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 318. ......urt Division (Civil) Present: Md. Mamtaz Uddin Ahmed J Tobarak Ali Bepari…………………………Petitioner Vs. Hachen Kha Being Dead His Heirs 1(A) Razzak Kha and others…………………….Opposite Parties Judgment August 25, 2009. Result......tion money along with the compensation, so deposited by the pre-emptor. Send down the lower Courts records immediately. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 318. ......tion money along with the compensation, so deposited by the pre-emptor. Send down the lower Courts records immediately. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 318. ..

Category: Property Law | Date: 25 Aug, 2009 | Hits: 3

Dr. Mohiuddin Khan Alamgir Vs. ACC and another, 2009, 38 CLC (HCD)

....In cross-examination, he stated that before going to Kachua he did not take SP Chandpur with them. He could not remember the name of the Union where he had gone. He did not ask for any Union Parishad Chairman or Ward Member to accompany them nor he saw any name as "Al Ashek Falak" in the n...... Court Division (Criminal Appellate Jurisdiction) Present: SM Dastagir Husain J Md. Raisuddin J Dr. Mohiuddin Khan Alamgir.................Convict-Appellant Vs. ACC and another....................Respondents Judgment July 13, 2009. Result: The a...... Abedin. He denied that he did not forward the property statement to the Anti-Corruption Commission. He forwarded the Additional Property Statement on 2-5-2007. He heard that Major Khandker Hasan and Members of Task Force on 7-4-2007 met with Dr. Aiamgir. He was on leave on that date to meet the det......Mr. Karim submitted that the prosecution merely relied on conjecture and it prosecuted the appellant without any evidence. 30. Mr. Karim submitted the Commission employed officers of Ministry of Public Works to evaluate the cost of Setara Bhaban, Sultana Bhaban, both situated at Gulbahar, PS Ka..

Category: Anti-Corruption Laws | Date: 13 Jul, 2009 | Hits: 286

Human Rights & Peace for Bangladesh & others Vs.Govt of Bangladesh & Others, 2009, 38 CLC (HCD) [হিউম্যান রাইট্স এ্যান্ড পিস ফর বাংলাদেশ গং বনাম বাংলাদেশ গং, ২০০৯, ৩৮ সিএলসি (হাইকোর্ট ডিভিশন)]

....াকা মহানগরী বিরান হইয়া যাইবার সম্ভবনা রহিয়াছে। Ed. This Case is also Reported in: 17 BLT (HCD) (2009) 455 ......esult: রুলটি খরচা ব্যতিরেকে এ্যাব্সলিউট্ করা হইল। এই রীট্ মোকাদ্দমাটি Continuing mandamus হিসাবে অব্যাহত থাকিবে। বাংলাদেশ......াকা মহানগরী বিরান হইয়া যাইবার সম্ভবনা রহিয়াছে। Ed. This Case is also Reported in: 17 BLT (HCD) (2009) 455 ......াকা মহানগরী বিরান হইয়া যাইবার সম্ভবনা রহিয়াছে। Ed. This Case is also Reported in: 17 BLT (HCD) (2009) 455 ..

Category: Environmental Law, Property Law | Date: 25 Jun, 2009 | Hits: 19

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. ......Present: Syed Abu Kowser Md. Dabirush Shan J Most. Abu Tara……………………Defendant-Respondent Petitioner Vs. Md. Abdur Rahim Khan and others……………………….Plaintiff-Appella...... 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. ...... 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

Agrani Bank Vs. Md. Abdul Khaleque & another, 2009, 38 CLC (HCD)

....dismissed, the judgment and the decree of the trial court is hereby set aside. Send down the L.C. record immediately. Md. Abu Tariq J.- I agree. Ed. This Case is also Reported in:...... No one appears-For the respondents. First Appeal No. 9 of 1997. Judgment Mashuque Hosain Ahmed J.- This appeal preferred by the plaintiff-appellant against the impugned judgment and decree dated 10.10.1995 passed by the Sub-Judge and Artha Rin Adalat, 2nd Court, Netrokona in Ar......dismissed, the judgment and the decree of the trial court is hereby set aside. Send down the L.C. record immediately. Md. Abu Tariq J.- I agree. Ed. This Case is also Reported in:......dismissed, the judgment and the decree of the trial court is hereby set aside. Send down the L.C. record immediately. Md. Abu Tariq J.- I agree. Ed. This Case is also Reported in:..

Category: Banking Law | Date: 23 Jun, 2009 | Hits: 153

Sree Pintoo Pal Vs. State, 2009, 38 CLC (HCD)

....arge sheet against the accused Pintoo Pal. 24. In the cross-examination he stated that he can not show by any paper as to who were present at the time of recovery of the victim and that local Chairman, Member and Choukider were not present at the time of recovery. He denied the defene sugg......……………………………………Opposite Party Judgment June 22, 2009. Result: The appeal is allowed. Presumption of innocence The fundamental and basic presumption in the administration of Criminal law and justice delivery system is that th......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. ......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

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.   ......M Zahir, Senior Advocate with Azizul Huq Advocate, instructed by Md. Aftab Hossain, Advocate-on Record-For the Respondents (As added). Civil Appeal Nos. 341-358 of 2003. (From the judgment and order dated the 16th day of March, 2003 passed by the High Court Division in Writ Petition Nos.2......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.   ......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.   ..

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. ......M Zahir, Senior Advocate with Azizul Huq Advocate, instructed by Md. Aftab Hossain, Advocate-on Record-For the Respondents (As added). Civil Appeal Nos. 341-358 of 2003. (From the judgment and order dated the 16th day of March, 2003 passed by the High Court Division in Writ Petition Nos.2......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. ......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. ..

Category: Employment/Service Law | Date: 3 Jun, 2009 | Hits: 3

Emran Ahmed & 20 anothers Vs. Bangladesh and others, 2009, 38 CLC (HCD)

....s and cannot be justified simply on the plea that it is termination simpliciter and does not attract any stigma........................................(46) Case Referred to- Md. Arif Sultan Vs. Chairman, Dhaka Electric Supply Authority, 28 BLD 332; 60 DLR 1; Conferee Ltd. Vs. Titas Gas Transmi......t High Court Division (Special Original Jurisdiction) Present: Tariq ul Hakim J Md. Azizul Haque J Emran Ahmed & 20 anothers…………….....Petitioners Vs. Bangladesh and others…………………Respondents Judgment June 2, 2009. Result: All the Rules ......iority, back wages and other privileges within 30 days of receipt of a copy of this Judgment. There will be no order as to costs. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 213. ......n of the People's Republic of Bangladesh and the petitioners as public servants having a legitimate expectation to continue in serv­ice till the age of fifty seven years under the provi­sion of the Public Servants (Retirement) Act, 1974 and the impugned orders have been issued malafide and are a c..

Category: Employment/Service Law | Date: 2 Jun, 2009 | Hits: 35

Md. Babul Hossain Mollah and others Vs. Hasneara Begum and others, 2009, 38 CLC (HCD)

....fice is directed to send down the records of the case at once with a copy of judgment for information and necessary action. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 312. ...... This Case is also Reported in: 30 BLD (HCD) (2010) 312. ......fice is directed to send down the records of the case at once with a copy of judgment for information and necessary action. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 312. ......fice is directed to send down the records of the case at once with a copy of judgment for information and necessary action. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 312. ..

Category: Procedural Law | Date: 28 May, 2009 | Hits: 3

Ehtesamur Rahman Vs. The State & Others, 2009, 38 CLC (HCD)

....formation and necessary action. Ed. This Case is also Reported in: 29 BLD (HCD) (2009) 399.                 ......ded with cases on the plea that the higher court has also concurrent jurisdiction to try the same case………(12) Cases Referred to- Alhaj Rahimuddin Shah Vs. Sirajul Islam and others, 37 DLR 316; Shafiqur Rahman and others Vs. Nurul Islam Chowdhury, 35 DLR (AD) 127. ......formation and necessary action. Ed. This Case is also Reported in: 29 BLD (HCD) (2009) 399.                 ......formation and necessary action. Ed. This Case is also Reported in: 29 BLD (HCD) (2009) 399.                 ..

Category: Procedural Law | Date: 19 May, 2009 | Hits: 1

Bangladesh National Women Lawyers Association (BNWLA) Vs. Bangladesh and Others, 2009, 38 CLC (HCD)

....d as a human being. 45. “Law Relating to Sexual Harassment AT Work” 1st Edition-2007 by Mr. Alok Bhasin included a foreword by Mr. Justice J.S. Verma, Former Chief Justice of India and Former Chairman, National Human Rights Commission. 46. Mr. Alok Bhasin referred to a definition of sexu......iginal 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 Referred to- H.M. Ershad......ficult task in public interest. There is no order as to costs. Quamrul Islam Siddiqui J.- I agree. Ed. This Case is also Reported in: 29 BLD (HCD) (2009) 415, 14 BLC (HCD)(2009) 694. ......ficult task in public interest. There is no order as to costs. Quamrul Islam Siddiqui J.- I agree. Ed. This Case is also Reported in: 29 BLD (HCD) (2009) 415, 14 BLC (HCD)(2009) 694. ..

Category: Women and Children | Date: 14 May, 2009 | Hits: 330

Sirajul Islam (Md) Vs. Tauhid Uddin Ahmed & another, 2009, 38 CLC (HCD)

....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. ...... Act against the accused petitioner Md. Sirajul Islam alleging, inter alia, that the complainant, Tauhid Uddin Ahmed, owes the accused petitioner Taka 3,00,000 (three lac) in connection with business and for the purpose of payment of the said dues, the accused petitioner gave a cheque on 4-10-2005 f......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)

....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. ......ion (Criminal Miscellaneous Jurisdiction) Present: Siddiqur Rahman Miah J Md. Ataur Rahman Khan J Zahed Hossain (Md.) …………… Accused Petitioner Vs. State and another …………………………Opposite Parties Judgment April 29, 2009. R......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. ......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

Dr. M. A. Yahia Vs. Md. Abdul Quader and others, 2009, 38 CLC (AD)

....r Clause 23(1) of the lease deed Hence they filed the writ petition challenging the impugned cancellation and obtained Rule. 3. Respondent No.2, the National Housing Authority represented by its Chairman appeared and filed an affidavit-in-opposition. In his affidavit-in-opposition, it is mainly......ion (Civil) Present: MM Ruhul Amin CJ Md. Abdul Matin J Md. Abdul Aziz J Dr. M. A. Yahia.......................................Petitioner Vs. Md. Abdul Quader and others....................Respondents Judgment April 15, 2009. Result: The ......therefore, no substance, in the leave petition and the same is dismissed accordingly. Ed. Case is also Reported in: 14 MLR (AD) (2009) 235; 29 BLD (AD) (2009) 59; 14 BLC (AD) (2009) 109. ......therefore, no substance, in the leave petition and the same is dismissed accordingly. Ed. Case is also Reported in: 14 MLR (AD) (2009) 235; 29 BLD (AD) (2009) 59; 14 BLC (AD) (2009) 109. ..

Category: Property Law | Date: 15 Apr, 2009 | Hits: 36

Chairman, Nawabgonj Pourashava represented by its Chairman Vs. Ms. Moyna Parvin and others, 2009, 38 CLC (AD)

....Ed. This Case is also Reported in: 18 BLT (AD) (2010) 275. ...... MM Ruhul Amin CJ Abdul Matin J Md. Abdul Aziz J Chairman, Nawabgonj Pourashava represented by its Chairman……Petitioner (In both cases) Vs. Ms. Moyna Parvin and others................Respondents (In Civil Petition No. 2048 of 2008) Muzlema Khatun and o......igh Court Division does not suffer from any illegality and we find no substance in this petition which is accordingly dismissed. Ed. This Case is also Reported in: 18 BLT (AD) (2010) 275. ......igh Court Division does not suffer from any illegality and we find no substance in this petition which is accordingly dismissed. Ed. This Case is also Reported in: 18 BLT (AD) (2010) 275. ..

Category: Others | Date: 13 Apr, 2009 | Hits: 125

Jaharlal Bandapadhya and others vs. Most. Begum Jahanara, 2009, 38 CLC (AD)

....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. ......t 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. ......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