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StateVs. Noor Islam and others, 2011, 40 CLC (HCD)
....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.......tracted. It is well settled that once a confession has been found to be true and voluntary, the conviction of the confessing accused can be based on the said confession, even if it is retracted. This view of ours finds support from the decisions in the cases of Joygun Bibi Vs. The State reported in ..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)
....e provides a defence for the imposition of corporal punishment, thereby suggesting that corporal punishment such as those imposed by the parents or teachers are allowed by law. This in our view is an erroneous argument since section 89 does not at all relate to corporal punishment, as would be appar...... Secondary and Higher Education Directorate to inquire into the cases mentioned in the Rule and to report on an urgent basis. Also produced was a notice of a meeting to be held on 29.08.2010 with the view to drafting guidelines with regard to prevention of corporal punishment. On that very date, i.e..Category: Women and Children | Date: 13 Jan, 2011 | Hits: 248
State Vs. Alam, 2011, 40 CLC (HCD)
....eing a possible outcome of deliberate artful engineering by interested parties curiously eluded the Tribunal so much so that in recounting the facts and evidence before it, the Tribunal cursorily and erroneously recorded the stick's recovery taking on 25-12-2002. This problem is further compounded b...... of the identity of individuals who may brought down that suspended body and later placed it in the verandah. The condemned-prisoner's absconsion immediately after the occurrence, in the Tribunal's view further fortified the prosecution case in that he was found wanting in either trying to save hi..Category: Women and Children | Date: 11 Jan, 2011 | Hits: 176
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. ......aint. It is not a contract. Of course the marriage is necessarily the basis of social organization and the foundation of important legal rights and obligations. Codification of Hindu Law In view of the modern social dimensions the Hindu Community in this Country in respect of marriage, div..Category: Family Law, Hindu Law | Date: 6 Jan, 2011 | Hits: 15
....rther compensation calculated at the rate of bank interest prevalent at the time of the institution of the suit.
Ed.
This Case is also Reported in: 20 BLC (AD) (2015) 66.
......e industrial concern has failed to comply with the terms of any agreement with the Sangstha in the matter of the loan; or"
25. From the aforesaid discussions and findings we are of the view that the appellant as petitioner in the miscellaneous case by adducing both oral and docum..
Category: Business or Commercial Law, Labour and Industrial Law | Date: 13 Dec, 2010 | Hits: 10
Gulshan Club Ltd. Vs. Chairman, National Board of Revenue and another, 2010, 39 CLC (HCD)
....is discharged without any order as to cost. The order of stay granted earlier by this Court is hereby vacated and recalled. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 29. ...... that Chapter 8 deals with return and statement which mandates that whoever has a Tax Identification Number (TIN) is to file a return. He further submits that Gulshan Club does not come within the purview of section 44(1) so to claim any exemption from paying tax nor any exemption to that effect has..Category: Fiscal/Taxation Law | Date: 13 Dec, 2010 | Hits: 48
Mahfuzur Rahman and another Vs. Government of Bangladesh and others, 2010, 39 CLC (HCD)
.... Accordingly, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 171 ......2008 taken in its 35th Meeting from the office of the respondent No.5 and came to know about the reasons for cancellation of their admission to the university. Thereafter, the petitioners made review applications to the authority concerned for review of the impugned order dated 19-11 -2008 and ..Category: Administrative Law | Date: 9 Dec, 2010 | Hits: 2
Monir Hossain Md. (Moni) and another Vs. Md. Yousuf and others, 2010, 39 CLC (AD)
....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. ...... the defendants regularly paid the rent without any receipt upto 03-10-1994 and on that date the defendants obtained an acknowledgement in writing from the said attorney Tamizuddin; that in view of non-acceptance of the rent on 3-1-1995 the defendants remitted the rent by money order on 10..Category: Property Law, Tenancy Law | Date: 8 Dec, 2010 | Hits: 12
Nazrul Islam Talukder (Md.)Vs. Bangladesh & another, 2010, 39 CLC (HCD)
....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. ......ii) category 'C' whole municipality; Provided that this provision shall not affect a licence already issued for any ward; and (e) in other case, not more than one union." 5. In view of the said provision of law vide which a legal right has been accrued upon the petitioner he h..Category: Family Law | Date: 6 Dec, 2010 | Hits: 9
Syed Wahid Iqbal Vs. Bangladesh, 2010, 39 CLC (AD)
....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. ......কর্মচারীকে সংশ্লিষ্ট ধারার বিধান সাপেক্ষে অর্পণ করিতে পারিবেন।” 11. In view of section 7 of the Samabaya Samity Ain, 2001 excepting the powers and duties contained therei..Category: Civil Law | Date: 6 Dec, 2010 | Hits: 5
Hasna Ahmad Vs. State and another, 2010, 39 CLC (HCD)
....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. ......man next submits that the bid money to the tune of Taka 2,74,79,850 quoted by the petitioner was higher than the minimum price fixed by the valuation Committee vis-a-vis the case property and in this view of the matter, it cannot be said by any stretch of imagination that she influenced the tender p..Category: Anti-Corruption Laws | Date: 1 Dec, 2010 | Hits: 189
....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
......aw and only in accordance with law under Article 31 of the Constitution of the People's Republic of Bangladesh.
17. This being so and regard being had to the above discussions, we are of the view that the action of the respondents customs authority in holding the goods in continued seizure ..
Category: Fiscal/Taxation Law | Date: 11 Nov, 2010 | Hits: 3
....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
......aw and only in accordance with law under Article 31 of the Constitution of the People's Republic of Bangladesh.
17. This being so and regard being had to the above discussions, we are of the view that the action of the respondents customs authority in holding the goods in continued seizure ..
Category: Fiscal/Taxation Law | Date: 11 Nov, 2010 | Hits: 5
Fatema Begum Vs. The Artha Rin Adalat, Narayangonj and others, 2010, 39 CLC (HCD)
.... 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: ......and and there is no cause of realisation against her. Such a person is not intended by the law to bear extra financial burden of 25% of the dcreetal amount as a pre-requisite to get relief. 16. In view of the above we find substance in the Rule. Accordingly, the Rule is made absolute. The impugne..Category: Banking Law | Date: 11 Nov, 2010 | Hits: 14
Ms. Syeda Rizwana Hasan Vs. Bangladesh and others, 2010, 39 CLC (AD)
....y revision of layout plan without first adopting an improvement scheme. The findings of the High Court Division that the alteration of the open space being not marked as public amenity is lawful is erroneous, inasmuch as, annexure-B to the writ petition, clearly shows that the said open space is l......cifying flow of a water body through the heart of the township popularly known as "Uttara Lake". While preparing the Master Plan of the UMT by the writ respondent No.2, this water body was kept to be viewed and purposes of a lake as an essential environmental component. A part of the water body ha..Category: Environmental Law | Date: 8 Nov, 2010 | Hits: 258
Shanik Chandra Barmon Vs. State and another, 2010, 39 CLC (HCD)
....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 ......sted employee of the Grameen Bank, but he misappropriated money of the Bank dishonestly. Therefore, the allegation attracts the ingredients of the offence under sec-tion408 of the Penal Code. In such view of the-matter, the case was maintainable. But the legal position is that an offence under secti..Category: Anti-Corruption Laws, Criminal Law | Date: 2 Nov, 2010 | Hits: 5
Redwan Ahmed Vs. Bangladesh, 2010, 39 CLC (HCD)
....ধিমালা, ২০০৭ (the Rules) held that sanction is required to be filed as the time of institution of the case (মামলা দায়েরের ক্ষেত্রে) on the erroneous under-standing that sanction shall also be required at the time of lodging an first inform......above. We, therefore, find substance in the contention of the learned Counsel for the respondent that no other sanctions of any kind have been prescribed under ACC, Act and Rules." 16. This view finds support in the case of ACC Vs. Dr. Mohiuddin Khan Alamgir 62 DLR (AD) 290. His Lordship J..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. ......e prisons in September, four are girls. We also find that three of the children in custody are in fact being held in “Safe Custody”, i.e. no offence is alleged against them. We have expressed our view in the past that a prison cannot ever be a place for safe custody. 7. Now let us conside..Category: Women and Children | Date: 25 Oct, 2010 | Hits: 141
British American Tobacco Bangladesh Company Ltd. Vs. Begum Shamsun Nahar, 2010, 39 CLC (AD)
....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. ......n under Order VII, rule 11 (a) and (d) read with section 151 of the Code of Civil Procedure for rejection of the plaint on the grounds, inter alia, that the word "defamation" falls within the purview of an action in person, but the plaintiff-respondent brought the case against the defendant-..Category: Women and Children | Date: 13 Oct, 2010 | Hits: 21
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. ......notice under section 17(1) is a pre-condition to bring the "defaulter" within the scope of section 17(6) of the Act. In this regard he contends that the legislature has promulgated special law with a view to seize the post of Director of any other Bank when he is found to be defaulter as contemplate..Category: Banking Law | Date: 12 Oct, 2010 | Hits: 423
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