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Jamiul Hossain Vs. Government of Bangladesh & Others, 2011, 40 CLC (HCD)

....ed by the aforesaid draft record-of rights, respondent No.7 and others filed Objection Case Nos.4714 of 2000, 4715of 2000 and 12903 of 2000 before the Revenue-Officer under Rule 30 of the East Bengal State Acquisition and Tenancy Rules, 1955 (in brief, Tenancy Rules, 1955) against the Tashdik record......9. ......of issuance of Rule Nisi is, hereby, recalled and vacated. Let a copy of the judgment be communicated to the Respondents forthwith. Ed. This Case is also Reported in: 20 BLT (HCD) (2012) 49. ......es. In this summary proceeding, the High Court Division neither decides the complicated question of title nor the disputed question of fact.....................(34) Cases Referred to- Md. Aftab Ali Sheikh Vs. Director Land Records, Directorate of land records and surveys, Tejgaon, Dhaka and ot..

Category: Constitutional Law | Date: 15 Feb, 2011 | Hits: 176

Rupali Bank Ltd., Dhaka Vs. M/S. Brick Linkers Ltd. and Others, 2011, 40 CLC (AD)

....em. The appeal is dismissed with the above observations without any order as to costs. Ed. This Case is also Reported in: 31 BLD (AD) (2011) 92, 16 BLC (AD) (2000) 107, VIII ADC (2011) 523 ...... Appellate Division (Civil) Present ABM Khalrul Haque CJ Md. Muzammel Hossain J Surendra Kumar Sinha J Rupali Bank Ltd., Dhaka……………………………………Plaintiff Vs. M/S. Brick Linkers Ltd. and Others………………Respondent Judgment February 15, 20......em. The appeal is dismissed with the above observations without any order as to costs. Ed. This Case is also Reported in: 31 BLD (AD) (2011) 92, 16 BLC (AD) (2000) 107, VIII ADC (2011) 523 ......AD) 178. Lawyers Involved: Haron-or-Rashid, Advocate, instructed by Syed Mahbubar Rahman, Advocate-on-Record- For the Appellant. A.F.M. Meshbahuddin, Senior Advocate, instructed by Md. Nawab Ali, Advocate-on-Record- For Respondent Nos.1 & 2. Not Represented-For Respondent Nos. 3-6. Ci..

Category: Banking Law | Date: 15 Feb, 2011 | Hits: 189

Bangladesh National Women Lawyers Association Vs. Cabinet Secretary, Bangladesh Secretariat, Dhaka and others, 2011, 40 CLC (HCD)

....ture. It is further stated that respondent No. 3 is also taking steps to make people aware by making publicity so that maid-servants and other similarly placed working persons get protection from the State functionaries by making enforcement of fundamental rights in every sphere. 5. The learned a......diction) Present: Md. Imman Ali J Sheikh Hassan Arif J Bangladesh National Women Lawyers Association (BNWLA), represented by its Vice-President, Fahima Nasrin……….......Petitioner Vs. The Cabinet Division, Represented by Cabinet Secretary, Bangladesh Secretariat, Dhaka and oth......ARK (SCSD), CHILD DOMESTIC WORKERS – LIVING INSIDE ROOM AND OUTSIDE LAW AND ROLE OF GOVT. AND CIVIL SOCIETIES IN BANGLADESH , 36-37 (2009) [hereinafter SCSD REPORT ON CHILD DOMESTIC WORKERS]. ......IL SOCIETIES IN BANGLADESH , 36-37 (2009) [hereinafter SCSD REPORT ON CHILD DOMESTIC WORKERS]. ..

Category: Women and Children | Date: 15 Feb, 2011 | Hits: 265

Shah Alam (Md.) Vs. State and another, 2011, 40 CLC (HCD)

.... Division (Criminal Miscellaneous Jurisdiction) Present: Khondker Musa Khaled J Quazi Reza-ul-Hoque J Shah Alam (Md.)……………………......................Petitioner Vs. State and another……………………………………..Opposite-Parties Judgment Februa......h Court Division (Criminal Miscellaneous Jurisdiction) Present: Khondker Musa Khaled J Quazi Reza-ul-Hoque J Shah Alam (Md.)……………………......................Petitioner Vs. State and another……………………………………..Opposite-Parties Judgment ......e trial Court shall proceed with the case in accordance with law. Send a copy of the judgment and order to the Court below at once. Ed. This Case is also Reported in: 63 DLR (HD) (2011) 137. ......etitioner Vs. State and another……………………………………..Opposite-Parties Judgment February 6, 2011. Result: The Rule is discharged. Cases Referred to- Sher Ali Vs. State, 46 DLR (AD) 67; 17 BLD (AD) 44=2 BLC (AD) 16, 36 DLR (AD) 14; 28 DLR (AD) 38; Poonam ..

Category: Banking Law | Date: 6 Feb, 2011 | Hits: 361

Sohrab Hossain (Md.) & others Vs. State & another, 2011, 40 CLC (HCD)

....ision (Criminal Miscellaneous Jurisdiction) Present: Md. A Wahhab Miah J Md. Khasruzzaman J Sohrab Hossain (Md.) & others......................Petitioners Vs. State & another.............................................Opposite-Parties Judgment ......Court Division (Criminal Miscellaneous Jurisdiction) Present: Md. A Wahhab Miah J Md. Khasruzzaman J Sohrab Hossain (Md.) & others......................Petitioners Vs. State & another.............................................Opposite-Parties Judgm...... of the Code. 11. For the discussions made above, we find no merit in the Rule. Accordingly, this Rule is discharged. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 215. ...... of the Code. 11. For the discussions made above, we find no merit in the Rule. Accordingly, this Rule is discharged. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 215. ..

Category: Others | Date: 3 Feb, 2011 | Hits: 4

Aslam Khan Vs. Artha Rin Adalat, Moulvibazar and another, 2011, 40 CLC (HCD)

.... to the Manager, Sonali Bank Ltd., Bhairabganj Bazar Branch, Moulvibazar and also to the concerned executing Court. Nazmun Ara Sultana J.- I agree. Ed. This Case is also Reported in: ......sion (Special Original Jurisdiction) Present: Nazmun Ara Sultana J Md. Ruhul Quddus J Aslam Khan …………………………………………………....Petitioner Vs. Artha Rin Adalat, Moulvibazar and another ………...Respondents Judgment Februa...... to the Manager, Sonali Bank Ltd., Bhairabganj Bazar Branch, Moulvibazar and also to the concerned executing Court. Nazmun Ara Sultana J.- I agree. Ed. This Case is also Reported in: ......her ………...Respondents Judgment February 2, 2011. Result The Rule is discharged Lawyers Involved: Abdul Jalil, Advocate -For the Petitioner. Mohammad Ali, Advcoate-For the Respondent. Writ Petition No. 6198 of 2010. Judgment Md. Ruhul ..

Category: Banking Law | Date: 2 Feb, 2011 | Hits: 217

Md. Nasurullah alias Nasu Vs. Artha Rin Adalat No. 4, Dhaka and others, 2011, 40 CLC (HCD)

....perty. Lat a copy of the judgment be communicated to the concerned executing Court for future guidance as well. Nazmun Ara Sultana J.- I agree Ed. This Case is also Reported in: ......igh Court Division (Special Original Jurisdiction) Present: Nazmun Ara Sultana J Md. Ruhul Quddus J Md. Nasurullah alias Nasu ……………………….....Petitioner Vs. Artha Rin Adalat No. 4, Dhaka and others…………....Respondents Judgment Febr......perty. Lat a copy of the judgment be communicated to the concerned executing Court for future guidance as well. Nazmun Ara Sultana J.- I agree Ed. This Case is also Reported in: ......in Suit No.777 of 2004 in Artha Rin Adalat No.4, Dhaka for recovery of loan amounting to Taka 6,69,706/- (six lac sixty-nine thousand seven hundred six) only against the petitioner’s parents Taimur Ali and Nasira Bibi. The suit was ultimately decreed ex parte on 22.3.2005 (decree signed on 29.3.20..

Category: Banking Law | Date: 2 Feb, 2011 | Hits: 175

Md. Tota Howlader Vs. State, 2011, 40 CLC (HCD)

....upreme Court High Court Division (Criminal Appellate Jurisdiction) Present: Syed Md. Ziaul Karim J ANM Bashir Ullah J Md. Tota Howlader ...........Accused Appellant Vs. The State..................For the respondent Judgment February 1, 2011. Result: The appeal......011) 355.......f the appellant if he misuses the privilege of bail in any manner what so ever. Office is directed to communicate the order at once. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 355.......f the appellant if he misuses the privilege of bail in any manner what so ever. Office is directed to communicate the order at once. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 355...

Category: Women and Children | Date: 1 Feb, 2011 | Hits: 178

Shamsunnur Rahman Vs. State, 2011, 40 CLC (HCD)

....gh Court Division (Criminal Appellate Jurisdiction) Present: Syed Md. Ziaul Karim J ANM Bashir Ullah J Shamsunnur Rahman………….......................Accused-Appellant Vs. State......................................................Respondent Judgment January 31, 20......t High Court Division (Criminal Appellate Jurisdiction) Present: Syed Md. Ziaul Karim J ANM Bashir Ullah J Shamsunnur Rahman………….......................Accused-Appellant Vs. State......................................................Respondent Judgment January...... In view of the foregoing narrative the petition of appeal is rejected. Office is directed to communicate the judgment and order at once. Ed. This Case is also Reported in: 16 BLC (2011) 895....... In view of the foregoing narrative the petition of appeal is rejected. Office is directed to communicate the judgment and order at once. Ed. This Case is also Reported in: 16 BLC (2011) 895...

Category: Women and Children | Date: 31 Jan, 2011 | Hits: 127

Kanin (India)(P) Ltd. Vs. Registrar of Trade Marks, Dhaka and another, 2011, 40 CLC (HCD)

....ment be communicated and the record be sent back to the Registrar of Trade Marks, Dhaka immediately. Nazmun Ara Sultana J.- I agree. This Case is also Reported in: 18 BLC (HCD) (2013) 44. ...... Present: Nazmun Ara Sultana J Md. Ruhul Quddus J Kanin (India) (P) Ltd. ……………………...............................Appellant Vs. The Registrar of Trade Marks, Dhaka and another …….....Respondents Judgm......ment be communicated and the record be sent back to the Registrar of Trade Marks, Dhaka immediately. Nazmun Ara Sultana J.- I agree. This Case is also Reported in: 18 BLC (HCD) (2013) 44. ......ment be communicated and the record be sent back to the Registrar of Trade Marks, Dhaka immediately. Nazmun Ara Sultana J.- I agree. This Case is also Reported in: 18 BLC (HCD) (2013) 44. ..

Category: Intellectual Property Law | Date: 30 Jan, 2011 | Hits: 183

Mosharraf Hossain (Md.) and others Vs. Akhtar Hossain, 2011, 40 CLC (HCD)

....1; Pushpa Rani Saha Fodder Vs. Rash Mohan Saha being dead his heirs, Kartick Chowdhury Saha and others, 10 MLR (AD) 345; Abdul Jalil Vs. Islami Bank Bangladesh Limited, 53 DLR (AD) 12; Nizamuddin Vs. State, 30 DLR 49. Lawyers Involved: Md. Nazrul Islam, Advocate - For the Appellants. ......h Court Division (Civil Revisional Jurisdiction) Present: Sharif Uddin Chaklader J Md. Nuruzzaman J Mosharraf Hossain (Md.) and others…………………….Appellants Vs. Akhtar Hossain………………………..Respondent Judgment January 27, 2011. ......e suit No.308 of 2009 expeditiously in accordance with law. Send down the lower Court record. Communicate this order at once. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 218.......�…….Appellants Vs. Akhtar Hossain………………………..Respondent Judgment January 27, 2011. Result: The appeal is allowed. Cases Referred to- Jabed Ali Vs. Abu Shaikh, being dead his heirs: Md. Naimuddin and others, 35 DLR (AD) 31; Pushpa Rani Saha..

Category: Property Law | Date: 27 Jan, 2011 | Hits: 95

Md.Hasanul Islam Hanif Vs. State, 2011, 40 CLC (HCD)

....rt Division (Criminal Miscellaneous Jurisdiction) Present: Syed Mahmud Hossain J Md. Nazrul Islam Talukder J Md.Hasanul Islam Hanif.................Petitioner Vs. State............................................Opposite-Party Judgment January 26, 2011...... High Court Division (Criminal Miscellaneous Jurisdiction) Present: Syed Mahmud Hossain J Md. Nazrul Islam Talukder J Md.Hasanul Islam Hanif.................Petitioner Vs. State............................................Opposite-Party Judgment January......et the lower Court's record with a copy of this judgment and order be sent down to the concerned Court at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 237. ...... Special Tribunal No.7, Dhaka in Metro Special Tribunal Case No.1468 of 2004 is hereby quashed. 12. Let the convict-petitioner, Hasanul Islam Hanif alias Galcuta Hanif alias Hanif, son of Haider Ali of Village-Rajapara, Police Station-Naria, District-Shariatpur be set at liberty at once if he i..

Category: Evidence Law | Date: 26 Jan, 2011 | Hits: 7

M/S A-Z Knit Wears Ltd. and another Vs. City Bank Ltd. and others, 2011, 40 CLC (HCD)

.... notice. Although the inaction of Bangladesh Bank has been challenged in this writ petition, any relief whatsoever against such inaction has not been sought for. Mere inaction of a functionary of the State or of a local authority is not open to challenge under writ jurisdiction, unless it comes with......: ...... without any order as to costs. The order of restraint granted at the time of issuance of the Rule is hereby vacated. Nazmun Ara Sultana J. I agree. Ed. This Case is also Reported in: ...... without any order as to costs. The order of restraint granted at the time of issuance of the Rule is hereby vacated. Nazmun Ara Sultana J. I agree. Ed. This Case is also Reported in: ..

Category: Banking Law | Date: 26 Jan, 2011 | Hits: 185

Bangladesh National Women Lawyers Association (BNWLA) Vs. Government of Bangladesh, 2011, 40 CLC (HCD)

....hellip;………………..Respondents Judgment January 26, 2011. Result: The Rule is made absolute. Cases Referred To- Muhammad Sharif Vs. State, 9 D.L.R (1957) S. C. 27; State Vs. Metropolitan Police Commissioner; Mohammad Ershad Vs. Bang......r of BNWLA, Monico Mona Tower (1st & 2nd Floor), 48/3, West Agargaon, Shere Bangla Nagar, Dhaka-1207…………………………Petitioner Vs. Government of Bangladesh, represented by the Cabinet Secretary of Cabinet Division, Banglad......ns to be taken in the light of the directives/guidelines hereinabove. Md. Imman Ali J. - I agree. Ed. This Case is also Reported in: 31 BLD (HCD) (2011) 324, 18 BLC (HCD) (2013) 290. ......Ed. This Case is also Reported in: 31 BLD (HCD) (2011) 324, 18 BLC (HCD) (2013) 290. ..

Category: Women and Children | Date: 26 Jan, 2011 | Hits: 246

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

....egal vacuum in the statute and thereby making the statute unworkable………………….(38, 40) Cases Referred to- Kudrat-e-Elahi Panir Vs. Ahsanullah 44 DLR (AD) 319; Sajjan Singh Vs. State of Rajesthan AIR 1965 SC 845; Anwar Hossain Chowdhury Vs. Government of People's Republic of ......eme Court Appellate Division (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......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. ......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. ..

Category: Constitutional Law | Date: 23 Jan, 2011 | Hits: 11

StateVs. Noor Islam and others, 2011, 40 CLC (HCD)

....ars more each. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 141.......rted in: 16 MLR (HCD) (2011) 141.......nce to pay a fine of Tk. 1,00,000/- each, in default to pay the fine, they are to suffer rigorous imprisonment for two years more each. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 141.......he Jail Appeal Nos. 1060 of 2005, 1061 of 2005, 1062 of 2005 and 1063 of 2005 are dismissed with modification of sentences. Cases Referred to- Joygun Bibi Vs. The State, 12 DLR (SC) 157; Hozrat Ali and Abdur Rahman Vs. the State, 42 DLR (HCD) (1990) 177; Abdur Rouf and others Vs. 38 DLR 197. ..

Category: Women and Children | Date: 13 Jan, 2011 | Hits: 195

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

....Territory of Delhi and others MANU/SC/0517/1981; Bandhua Mukti Morcha Vs. Union of India and others MANU/SC/0552/1997:[1997]2SCR379; Hussain Muhammad Ershad Vs. Bangladesh and others, 21 BLD (AD) 69; State Vs. Metropolitan Police Commissioner, 60 DLR 660. Lawyers Involved: Ms. Sara Hossain, Ad......an Ali J Sheikh Hassan Arif J Bangladesh Legal Aid and Services Trust (BLAST), represented by its Deputy Director (Legal Aid), Farida Yeasmin and another…………….........Petitioners Vs. Secretary, Ministry of Education, Bangladesh Secretariat, Dhaka and others........................ 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. ......ide prohibition by law of all corporal punishment of children, whether by parents or schools. ..

Category: Women and Children | Date: 13 Jan, 2011 | Hits: 248

State Vs. Alam, 2011, 40 CLC (HCD)

....s Case is also Reported in: 16 BLC (2011) 816. ......rt Division (Criminal Appellate Jurisdiction) Present: Syed Refaat Ahmed J Md. Habibul Gani J State.........................................................Appellant Vs. Alam......................................................Condemned-Prisoners Judgment...... Nari-o-Shishu Nirjatan Daman Tribunal, Kushtia immediately. Send down the Lower Court Records. Communicate this Order at once. Ed. This Case is also Reported in: 16 BLC (2011) 816. ...... 2005 with Criminal Appeal No.3531 of 2005 with Jail Appeal No. 970 of 2005. Judgment Syed Refaat Ahmed J. - The condemned-prisoner Alam, Son of late Kiran @ Keramat Ali has been convicted under section 11 (ka) of the Nari-o-Shishu Nirjatan Daman Act, 2000 ("the Act..

Category: Women and Children | Date: 11 Jan, 2011 | Hits: 176

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

.... 1963 SC 933; Chunilal Vs. Surajram (1909) 33 Bom. 433; Kally Churn Vs. Dukhee (1880) ILR 5 Cal.692; Utpal Kanti Das Vs. Monju Rani Das, 17 BLD (AD) 289 = 50 DLR (AD) 47; Bhaurao Shankar Lokhande Vs. State of Maharashtra, AIR 1965 SC 1564. Lawyers Involved: Abul Kalam Mainuddin, Advocate, ......me Court Appellate Division (Civil) Present: ABM Khairul Haque CJ Md. Muzammel Hossain J SK Sinha J Ramesh Chandra Adhikari........................Petitioner Vs. Bulbuli................................................Respondent Judgment Januar......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. ......ju Rani Das, 17 BLD (AD) 289 = 50 DLR (AD) 47; Bhaurao Shankar Lokhande Vs. State of Maharashtra, AIR 1965 SC 1564. Lawyers Involved: Abul Kalam Mainuddin, Advocate, instructed by Md. Nawab Ali, Advocate-on-Record—For the Petitioner. None Represented—For the Respondent. ..

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)

.... BLD (AD) 25 = 40 DLR (AD) 52; Sanatan Gauda Vs. Berhampur University, AIR 1990 SC 1075; Ashok Chand Singhvi Vs. University of Jodhpur, 172 Mahfuzur Rahman Vs. Bangh AIR 1989 SC 823; Randir Singh Vs. State of Rajasthan, 1992(2) ESC 435 (Raj); Lord Atkin in R Vs. Electricity Commissioners, (1924) 1 K...... High Court Division (Special Original Jurisdiction) Present: Moyeenul Islam Chowdhury J Naima Haider J Mahfuzur Rahman and another......................Petitioners Vs. Government of Bangladesh and others..............Respondents Judgment December 9,...... Accordingly, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 171 ......ty by resorting to fraud and forgery and the same could not be detected at the initial stage; but in the long run it was detected by the six-member inquiry committee headed by Professor Dr Md. Hazrat Ali, Dean of the Faculty of Agriculture of the university and on the basis of the report of the inqu..

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

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