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Monir Hossain Md. (Moni) and another Vs. Md. Yousuf and others, 2010, 39 CLC (AD)
...., 1st Court and Judge of the Small Causes Court, Faridpur in SCC Suit No.6 of 1996 is hereby restored. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 100. ......se No.3 of 1995; that on receipt of the notice of the said suit, the landlord contested the same by filing written objection wherein the factum of sale of the suit holding was disclosed for the first time; that thereafter the defendants sent the rent on 9-4-1995 by money order to the plaintiffs of t......ned Subordinate Judge, 1st Court and Judge of the Small Causes Court, Faridpur in SCC Suit No.6 of 1996 is hereby restored. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 100. ......ned Subordinate Judge, 1st Court and Judge of the Small Causes Court, Faridpur in SCC Suit No.6 of 1996 is hereby restored. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 100. ..Category: Property Law, Tenancy Law | Date: 8 Dec, 2010 | Hits: 12
Hasna Ahmad Vs. State and another, 2010, 39 CLC (HCD)
.... Present: Moyeenul Islam Chowdhury J AKM Abdul Hakim J Hasna Ahmad……………………………Petitioner Vs. State and another…………………………&hell......1947 and Rule 15 of the Emergency Power Rules, 2007 was initiated. The accused-petitioner was not named in the ejahar and that being so, she had no knowledge about the initiation of the case. At that time, she was abroad for medical treatment. However, after the lodgment of the ejahar with the conce......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. ......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
....ent
November 11, 2010.
Result:
The rule in Writ Petition No. 8681 of 2010 is made absolute.
The rule in Writ Petition No.7367 of 2010 is disposed of.
Whether Wrong Declaration by the Importer has negative Impact in Due Process of Law-
Although the importer gave wro......seizure should not be declared to be of without lawful authority and is of no legal effect and that why they should not be directed to release the said lentils. In the said writ petition, at the time of issuance of rule on 26-8-2010, an ad-interim order was passed by this court directing the De......ng days without fail upon receipt of the copy of this judgment. There will be no order as to costs.
Ed.
This Case is also Reported in: 65 DLR (HCD) (2013) 191
......ng days without fail upon receipt of the copy of this judgment. There will be no order as to costs.
Ed.
This Case is also Reported in: 65 DLR (HCD) (2013) 191
..
Category: Fiscal/Taxation Law | Date: 11 Nov, 2010 | Hits: 3
....ent
November 11, 2010.
Result:
The rule in Writ Petition No. 8681 of 2010 is made absolute.
The rule in Writ Petition No.7367 of 2010 is disposed of.
Whether Wrong Declaration by the Importer has negative Impact in Due Process of Law-
Although the importer gave wro......seizure should not be declared to be of without lawful authority and is of no legal effect and that why they should not be directed to release the said lentils. In the said writ petition, at the time of issuance of rule on 26-8-2010, an ad-interim order was passed by this court directing the De......ng days without fail upon receipt of the copy of this judgment. There will be no order as to costs.
Ed.
This Case is also Reported in: 65 DLR (HCD) (2013) 191
......ng days without fail upon receipt of the copy of this judgment. There will be no order as to costs.
Ed.
This Case is also Reported in: 65 DLR (HCD) (2013) 191
..
Category: Fiscal/Taxation Law | Date: 11 Nov, 2010 | Hits: 5
Fatema Begum Vs. The Artha Rin Adalat, Narayangonj and others, 2010, 39 CLC (HCD)
....un Ara Sultana J. - I agree. This Case is also Reported in: ...... photo copies there for. The office is directed to send a copy of this judgment to the Artha Rin Adalat, Narayangonj at once. Nazmun Ara Sultana J. - I agree. This Case is also Reported in: ......n deciding the point of controversy, the object of law is also to be looked into. The preamble, sections 2(Ga), 6(5) and other provisions of the Ain, 2003 strongly suggest that the law is enacted for recovery of loan from the defaulter loanee, i.e., the borrower, guarantor, mortgagor and the persons...... photo copies there for. The office is directed to send a copy of this judgment to the Artha Rin Adalat, Narayangonj at once. Nazmun Ara Sultana J. - I agree. This Case is also Reported in: ..Category: Banking Law | Date: 11 Nov, 2010 | Hits: 14
Ms. Syeda Rizwana Hasan Vs. Bangladesh and others, 2010, 39 CLC (AD)
....sible. 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. ......this layout plan the narrow strip of the lakeside land adjacent to Road No.20 be filled up and plots be reclaimed and allotted thereafter to new allottees for construction of residence. At the same time, the southern side of the lake would also be filled up for constructing a new Road No.22 and co......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. ......-a term used to mean actions filed by a member of the public to protect the human - rights of those disadvantaged sections who could not afford to move the High Court. The High Courts extended it’s arms so as to secure justice for the poor and weaker sections of the community who are not in a po..Category: Environmental Law | Date: 8 Nov, 2010 | Hits: 258
Shanik Chandra Barmon Vs. State and another, 2010, 39 CLC (HCD)
.... (Criminal Miscellaneous Jurisdiction) Present: Khondker Musa Khaled J Md. AzizulHaque J Shanik Chandra Barmon..............................Accused-Petitioner Vs. State and another………………………................... Chandra Borman, who was an employee of the Grameen Bank. During the years 2003-2006, he was entrusted with the responsibility of collecting installments from the members of the Grameen Bank. At that time, he misappropriated a total amount of Taka 65,886 from the collection. A departmental proceedin......through the grounds taken in the application for quashment. It is stated that the Bank authority has no power to start a criminal case against the employee of the Grameen Bank for the purpose of recovery of defalcated amount. So initiation of the criminal proceeding is an abuse of process of th......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)
.... 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. Government of Bangladesh, 29 BLD 559; Banglade......ision, however, on consideration sub-rule (7) of rule 15 of the দূর্নীতি দমন বিধিমালা, ২০০৭ (the Rules) held that sanction is required to be filed as the time of institution of the case (মামলা দায়েরের ক্ষেত্রে) on ......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. ......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
British American Tobacco Bangladesh Company Ltd. Vs. Begum Shamsun Nahar, 2010, 39 CLC (AD)
.... find any merit in the leave petition. Accordingly, the leave petition is dismissed. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 80. ......and the physical and emotional well-being of working woman. Victim suffers from insomnia, depression, nervousness, fear, feeling of powerlessness and other symptoms of psychological harm which sometimes lead to a complete emotional breakdown. In consequence of this emotional breakdown and so......dings 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: 66 DLR (AD) (2014) 80. ......dings 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: 66 DLR (AD) (2014) 80. ..Category: Women and Children | Date: 13 Oct, 2010 | Hits: 21
Deen Mohammad Vs. Bangladesh Bank and others, 2010, 39 CLC (HCD)
.... Cases Referred to- Md. Yaqub Vs. Bangladesh Bank, 5 MLR (AD) 137; MA Khaleque Vs. Bangladesh Bank, 5 BLC (AD) 85. Lawyers Involved: Rokonuddin Mahmud with Mustafizur Rahman Khan, Advocates - For the Petitioner. Md. Khurshid Alam Khan for Nahid Mahtab, Advocate - For the Responde......n the Bank. 13. The aforesaid view has also been mandated by the Appellate Division reported in 5 MLR (AD) 137 which also gives fundamental guideline which is also quoted below: "In the meantime the lending Bank, upon the prayers of the petitioners, gave a proposal to the Bangladesh Bank f......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. ......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. ..Category: Banking Law | Date: 12 Oct, 2010 | Hits: 423
Ayub Ali Sheikh alias Buna Vs. State, 2010, 39 CLC (HCD)
....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....... Tribunal framed charge against the convict-appellant under Section 9(1) of the Ain, by order dated 17-8-2005. However since the accused was absconded the charge could not be explained to him at that time. Later on, when he has surrendered before the Court, the Tribunal explained the charge to the a......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...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)
....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. ...... it is the duty of the Court to try that issue first at the earliest opportunity so that the Court may not be unnecessarily bogged down in a complicated trial of the issue of fact requiring much time and involving heavy expenditure. The mandatory provision as contained in the aforesaid Rul......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. ......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 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. ......(2) of section 32. 6. Therefore, we find nothing wrong with the finding of the learned Judge of the High Court Division. Besides, factually, the leave petition has become infructuous by lapse of time, as the period of 2 (two) years for which respondent No.1 was appointed as the official mutawal......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. ......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)
.... Md. Ashfaqul Islam J SM Emdadul Hoque J Orascom Telecom Bangladesh Limited, (formerly known as Sheba Telecom (Pvt) Limited)……………Petitioner Vs. National Board of Revenue, represented by its Chairman, Segunbagicha, Dhaka and others..................... argument the learned Advocate further submits that the impugned order has been issued under section 55(3) of the Act, 1991 demanding a huge amount of money from the petitioner by giving only 10 days time which is contrary to the provisions of Section 55(3) of the VAT Act, 1991 in as much as it requ......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. ..Category: Fiscal/Taxation Law | Date: 7 Oct, 2010 | Hits: 174
State Vs. Md. Sayab Ali, 2010, 39 CLC (AD)
....j in connection with the case and to admit him on bail to his satisfaction if he makes any prayer in that regard. Ed. This Case is also Reported in: VIII ADC (2011) 256. ......rt of its case has examined 12 witnesses and the defence examined 4 witnesses. The defence case as disclosed from the evidence of its witnesses is that the accused-respondent was not at home at the time of the death of his wife and that nobody knew how his wife succumbed to injuries. The Bishesh A......kuchi, District-Serajgonj in connection with the case and to admit him on bail to his satisfaction if he makes any prayer in that regard. Ed. This Case is also Reported in: VIII ADC (2011) 256. ......kuchi, District-Serajgonj in connection with the case and to admit him on bail to his satisfaction if he makes any prayer in that regard. Ed. This Case is also Reported in: VIII ADC (2011) 256. ..Category: Women and Children | Date: 7 Oct, 2010 | Hits: 126
Abul Kashem (Md.) Vs. Anti-Corruption Commission and others, 2010, 39 CLC (HCD)
....i-Corruption Commission Vs. Abul Kalam Shamsuddin, 14 MLR (AD) 153; Niranjan Mitra Vs. Monju Dey, 8 BLC (AD) 142; Md. Jahangir Hossain Howlader Vs. CMM, Dhaka, 26 BLD 83 = 58 DLR 106; Mohammad Abdus Sattar Khan Vs. State, 30 BLD 181. Lawyers Involved: Moudud Ahmed, Senior Advocate with Abu......sain Howlader Vs. CMM, Dhaka 26 BLD 83 = 58 DLR 106. 9. Mr. Ahmed further submits that Anti-Corruption Commission Rules 2007 in chapter III clearly laid down the procedures for inquiry wherein a time limit is given within the framework of which inquiry has to be completed and that being no......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. ......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
State Vs. Tajul Sheikh @ Md. Tajul Shaikh and others, 2010, 39 CLC (HCD)
....hin Ujanchar, Makhon Baburpara, Police Station-Goalandu Ghat, District-Rajbari be stayed till disposal of the appeal. Ed. This Case is also Reported in:9 ADC (2012) 895. ......ufia Khatun was not the wife of the principal accused Tajul Islam, that the baby was not born in the wedlock and that Sufia Khatun and the baby were not living with the accused respondent No.1 at the time of occurrence. It is finally contended that the High Court Division upon a superficial consider......ul Houque of village Dakhin Ujanchar, Makhon Baburpara, Police Station-Goalandu Ghat, District-Rajbari be stayed till disposal of the appeal. Ed. This Case is also Reported in:9 ADC (2012) 895. ......ul Houque of village Dakhin Ujanchar, Makhon Baburpara, Police Station-Goalandu Ghat, District-Rajbari be stayed till disposal of the appeal. Ed. This Case is also Reported in:9 ADC (2012) 895. ..Category: Criminal Law | Date: 28 Sep, 2010 | Hits: 15
Ain O Salish Kendra Vs. Bangladesh, 2010, 39 CLC (HCD)
....presented by its Executive Director and another………………………........Petitioners Vs. Bangladesh, represented by the Secretary, Ministry of Labour and Manpower, Bangladesh Secretariat, Dhaka and others….............Respondents Judgment September 5, 2010. Result: The......garettes by 8:1. 4. Dr. Naim Ahmed, learned advocate appearing on behalf of the petitioners submitted that the provisions regarding the conditions of work within the factories were at the relevant time found in sections 12 to 20 of the Factories Act, 1965. The law was repealed by the Labour Act 2...... (2011) HCD 36, 8LG (2011) HCD 1. ...... (2011) HCD 36, 8LG (2011) HCD 1. ..Category: Women and Children | Date: 5 Sep, 2010 | Hits: 261
Hasura Begum Vs. Bangladesh and others, 2010, 39 CLC (HCD)
....nt of the People's Republic of Bangladesh and others………………………Respondents Judgment August 24, 2010. Result: The Rule is disposed of. The Nari-o-Shishu Nirjatan Daman Ain, 2000 (Act No. VIII of 2000); sections 7/9(1)/30 When any information, either verb......ts and also upon considering the facts and circumstances of the case, in view of the failure of the Investigating Officer to make recovery of the missing victim girl, and in view of the long lapse of time in recovering the victim, an order was passed on 6-7-2010 directing the IGP to take steps to ...... of the case concerning the disappearance of victim Bithi. 3. The IGP and the Director-General (DG) of Rapid Action Battalion (RAB) were also directed to take immediate steps to ensure the recovery of victim Bithi and to report to this Court within fourteen days the progress of the sear......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. ..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)
.... (Special Original Jurisdiction) Present: Nazmun Ara Sultana J Sheikh Hassan Arif J Prime Global Ltd and others.........................Petitioners Vs. Artha Ain Adalat No.4, Dhaka and others.................Responded Judgment August 23, 2010. Result:......refrained from contesting the same before the appropriate forum. Further, no cogent reason has been given by Sonali Bank in its application for restoration as to why its panel lawyer took such a long time to check the records of the suit. Thus, the decision of our Appellate Division as reported in 3......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 ......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 ..Category: Banking Law | Date: 23 Aug, 2010 | Hits: 2
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