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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....... 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.......ithout allegation made to police, is not rare. 15. In the case of State of Himachal Pradesh Vs. Premsing, 2009 CrLJ (SC) 786, it has been held that— "so far as the delay in lodging the FIR in question is concerned, the delay in a case of sexual assault, cannot be equated with the case involv..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)
....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. ......ismissed. Ed. This Case is also Reported in: 19 BLC (AD) (2013) 89. ......is not maintainable as the Respondent No.1 was not a contesting candidate or a candidate at all. Under Article 49(1) of the Representation of the People Order, 1972, no election can be called in question except by an election petition presented by "a candidate for that election in accordan..Category: Civil Law, Election Law | Date: 7 Oct, 2010 | Hits: 8
Khurshed Alam Vs. Abul Kalam and others, 2010, 39 CLC (AD)
....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. ......this petition for leave to appeal is dismissed. This Case is also Reported in: 17 MLR (AD) (2012) 233. ......vision. 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 mutawalli of the waqf in question expired long long before. However, since the tenure of the official mutawalli has already e..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. ......on 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. ......ring on 05.01.2010 which was duly attended by the petitioner (Annexure-E). 11. About 108 days after the aforesaid hearing, the Respondents issued the impugned order alleging that the products in question were unlawfully supplied to Ring Distribution. The petitioner being aggrieved by the said o..Category: Fiscal/Taxation Law | Date: 7 Oct, 2010 | Hits: 174
Abul Kashem (Md.) Vs. Anti-Corruption Commission and others, 2010, 39 CLC (HCD)
....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. ......o have been passed without lawful authority and is of no legal effect. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 67. ......2. We have heard the learned Counsel for the petitioner and the respondents at length and considered their submissions. We have perused the application and supplementary affidavit carefully. The only question that falls for consideration in this Rule is whether on the selfsame allegations which were..Category: Anti-Corruption Laws | Date: 5 Oct, 2010 | Hits: 182
Ain O Salish Kendra Vs. Bangladesh, 2010, 39 CLC (HCD)
.... (2011) HCD 36, 8LG (2011) HCD 1. ...... জননী তার মুখ চেয়ে রয়।" Roughly translated, it means that children are not the assets of their mothers alone; rather they are assets of the nation. So, our motherland expects from them as much a mother expects from her child. Hence, just like a mother, a nation ...... ......the child being engaged in any employment. Explanation.- In this section, ‘guardian’ includes any person having legal custody of or control over a child. 36. Disputes as to age.- (1) If any question arises as to whether any person is a child or an adolescent, the question shall, in the abs..Category: Women and Children | Date: 5 Sep, 2010 | Hits: 261
Prime Global Ltd and others Vs. Artha Ain Adalat No.4, Dhaka and others, 2010, 39 CLC (HCD)
....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 ....... 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 ......is regard she refers to a decision of our Appellate Division in Abul Khair Miah Vs. Abdul LatifSarker reported in 32 DLR (AD) 167, wherein our apex Court held that if fraud is proved then there is no question for limitation and it will run from the date when fraud was detected. 8. Perused the w..Category: Banking Law | Date: 23 Aug, 2010 | Hits: 2
Abdur Rashid Gazi Vs. Nur Ali Gazi and others, 2010, 39 CLC (HCD)
....s Court may seem fit and proper. 2. Opposite party No.1 as plaintiff instituted the suit against the petitioner as defendant for declaration of title to, measuring 1.32 acres, confirmation of possession and for permanent injunction over the suit land as described in the schedule to the plai......ty No.1 as plaintiff instituted the suit against the petitioner as defendant for declaration of title to, measuring 1.32 acres, confirmation of possession and for permanent injunction over the suit land as described in the schedule to the plaint. 3. The plaintiffs case in short is that the ......s' records immediately. Ed. This Case is also Reported in: 18 BLT (HCD) (2010) 315. ...... criteria in a benami transaction, but in the absence of an unambiguous ownership consideration of other relevant circumstances become important in a case where ownership is disputed. The disputed question of benami cannot be determined only in the consideration of source of consideration money,..Category: Procedural Law | Date: 10 Aug, 2010 | Hits: 4
Ferdous Khan @ Alamgir Vs. Islami Bank Bangladesh Ltd. and another, 2010, 39 CLC (HCD)
....d from his bail bond. The order of stay granted earlier by this Court shall stand vacated. Communicate the order at once. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 540. ......d from his bail bond. The order of stay granted earlier by this Court shall stand vacated. Communicate the order at once. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 540. ......rlier by this Court shall stand vacated. Communicate the order at once. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 540. ......ively by the Court of Sessions, the learned Magistrate had no jurisdiction to take cognizance and, as such, the initiation of the case is without any jurisdiction. He next submits that, the cheque in question being issued on behalf of the company, namely Bagdad Exim Corporation Ltd, a private compan..Category: Banking Law | Date: 1 Aug, 2010 | Hits: 657
Rehana Begum and another Vs. State, 2010, 39 CLC (HCD)
....sult, the appeal is dismissed. Send down the Lower Court Record at once. Communicate the order at once. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 75; 30 BLD (HCD) (2010) 448. ......sult, the appeal is dismissed. Send down the Lower Court Record at once. Communicate the order at once. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 75; 30 BLD (HCD) (2010) 448. ......e Lower Court Record at once. Communicate the order at once. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 75; 30 BLD (HCD) (2010) 448. ...... as the witnesses who themselves have heard the statements made by the victim about committing rape on her and her intention to terminate her life because of the rape committed on her. 21. Now the question is that, as argued by the learned advocate for the convict-appellant, whether the testimony..Category: Women and Children | Date: 1 Aug, 2010 | Hits: 227
Md. Zahirul Islam Vs. Adamjee Jute Mills Ltd., 2010, 39 CLC (HCD)
....ntiff opposite party's suit is dismissed. Let a copy of the judgment along with lower Court's record be sent down at once. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 420. ......ntiff opposite party's suit is dismissed. Let a copy of the judgment along with lower Court's record be sent down at once. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 420. ...... down at once. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 420. ......rose firstly on 11.9.82 but the suit was filed on 6.7.1986 and in that view of the matter the suit was clearly barred by law of limitation but the Courts below having failed to appreciate this simple question of law and thereby most illegally decreed the suit in favour of the plaintiff and as such t..Category: Limitation Law | Date: 20 Jul, 2010 | Hits: 38
....here will be no
order as to costs. The order of stay granted earlier by this court stands
vacated.
Zubayer Rahman Chowdhury J. - I agree.
Ed.
This Case is also
Reported in:
......here will be no
order as to costs. The order of stay granted earlier by this court stands
vacated.
Zubayer Rahman Chowdhury J. - I agree.
Ed.
This Case is also
Reported in:
......er by this court stands
vacated.
Zubayer Rahman Chowdhury J. - I agree.
Ed.
This Case is also
Reported in:
......d others Vs. Mohammad
Abdul Mannan reported in 46 DLR (AD 1. Moreso, he submits
that the impugned order of termination does not involve any stigma, rather it
is a termination semplicitar. As such, question of giving opportunity of being
heard does not arise at all. In this connection, he has ref..
Category: Employment/Service Law | Date: 18 Jul, 2010 | Hits: 5
Mohi Ahmed Chowdhury Vs. Kashipur Tea Estate Company Limited and others, 2010, 39 CLC (HCD)
....ssal for default. In the result, this application is rejected. Md. Fazlur Rahman J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 309; 18 BLT (HCD) (2010) 415. ......ssal for default. In the result, this application is rejected. Md. Fazlur Rahman J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 309; 18 BLT (HCD) (2010) 415. ...... Ed. This Case is also Reported in: 7 LG (HCD) (2010) 309; 18 BLT (HCD) (2010) 415. ...... for hearing (Rule 17), and where the notices of the appeal could not be served for the failure of appellant to deposit cost, then appellant may apply for readmission of the appeal. But the pertinent question is that when decree has been drawn up whether such appeal can be readmitted on setting asid..Category: Procedural Law | Date: 18 Jul, 2010 | Hits: 140
Abeda Khatun and others Vs. Md. Idris Mia and others, 2010, 39 CLC (HCD)
....order of stay granted at the time of issuance of the Rule is hereby vacated. Send down the lower Court's record at once. Ed. This Case is also Reported in: 18 BLT (HCD) (2010) 308. ......aneous Case No.1 of 2000 in the Court of Senior Assistant Judge, Additional Court, Comilla under Order 9 Rule 13 of the Code of Civil Procedure stating that she is a co-sharer in the suit schedule land but no notice/summons of the Partition Suit and Title Appeal was served upon her. In the said ...... down the lower Court's record at once. Ed. This Case is also Reported in: 18 BLT (HCD) (2010) 308. ......order of stay granted at the time of issuance of the Rule is hereby vacated. Send down the lower Court's record at once. Ed. This Case is also Reported in: 18 BLT (HCD) (2010) 308. ..Category: Procedural Law | Date: 14 Jul, 2010 | Hits: 3
Ziaur Rahman (Md.) Vs. Artha Rin Adalat & others, 2010, 39 CLC (HCD)
....law and in the light of observations made above. The order of stay granted at the time of issuance of rule stands vacated. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 189. ......law and in the light of observations made above. The order of stay granted at the time of issuance of rule stands vacated. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 189. ......order of stay granted at the time of issuance of rule stands vacated. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 189. ......cate - For the Petitioner. Jahangir Alam, Advocate - For the Respondent No.2. Writ Petition No. 6396 of 2008. Judgment Nazmun Ara Sultana J.- This Rule Nisi was issued calling in question the orders dated 25-04-2007 and 23-07-2008 passed by the Artha Rin Adalat, Chapai Nababgonj..Category: Civil Law | Date: 14 Jul, 2010 | Hits: 48
ATM Salim Chowdhury Vs. State, 2010, 39 CLC (HCD)
....anted earlier by this Court shall stand vacated. Communicate the order at once. Salma Masud Chowdhury J. - I agree. Ed. This Case is also Reported in: 31 BLD (HCD) (2011) 494. ......anted earlier by this Court shall stand vacated. Communicate the order at once. Salma Masud Chowdhury J. - I agree. Ed. This Case is also Reported in: 31 BLD (HCD) (2011) 494. ...... Communicate the order at once. Salma Masud Chowdhury J. - I agree. Ed. This Case is also Reported in: 31 BLD (HCD) (2011) 494. ......ds as taken in the petition filed under section 561A as to whether the notice has been served and as to non-mentioning the date of service of the notice or the date of receiving of the notice are all questions of fact and that the complainant petitioner, as of right, is entitled to adduce evidence t..Category: Banking Law | Date: 13 Jul, 2010 | Hits: 187
AL-Arafah Islami Bank Limited Vs. M/S. Nobel Enterprise, 2010, 39 CLC (HCD)
....on Case No. of 2004 within four months from the date of receipt of this order. Office is directed to send down the record at once. Ed. This Case is also Reported in: 15 MLR (HCD) (2010) 351. ......on Case No. of 2004 within four months from the date of receipt of this order. Office is directed to send down the record at once. Ed. This Case is also Reported in: 15 MLR (HCD) (2010) 351. ......ioner. Mohammad Imtiaz Farooq Advocate, with Iftekhar Jonaed, Advocate - For the opposite party. Civil Revision No.472 of 2006. Judgment Syed Md. Ziaul Karim J.- This Rule, at the instance of Judgment-debtor petitioner calls in question the legality and propriety of the Judgment ...... Iftekhar Jonaed, Advocate - For the opposite party. Civil Revision No.472 of 2006. Judgment Syed Md. Ziaul Karim J.- This Rule, at the instance of Judgment-debtor petitioner calls in question the legality and propriety of the Judgment and order dated 21-09-2005 passed by learned Add..Category: Procedural Law | Date: 12 Jul, 2010 | Hits: 28
Kohinoor Chemical Co. (BD) Limited Vs. Unilever Bangladesh Limited, 2010, 39 CLC (HCD)
.... aforesaid observations Civil Rule No.931 (FM) of 2009 is disposed of. Office is directed to communicate the order at once. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 60. ...... aforesaid observations Civil Rule No.931 (FM) of 2009 is disposed of. Office is directed to communicate the order at once. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 60. ......This Case is also Reported in: 16 BLC (HCD) (2011) 60. ......ates - For the Respondent. FMA No. 328 of 2009 with Civil Rule No. 931(FM) of 2009. Judgment Syed Md. Ziaul Karim J.- This appeal, at the instance of defendant appellant calls in question the legality and propriety of the judgment and order dated 10-11-2009 passed by learned Add..Category: Intellectual Property Law | Date: 11 Jul, 2010 | Hits: 269
Monir Hossain (Md.) and anothers Vs. Bangladesh and others, 2010, 39 CLC (AD)
....No.2081 of 2008. The petition is accordingly dismissed. Ed. This Case is also Reported in: 16 BLC (AD) (2011) 41, VIII ADC (2011) 404, 8 LG (AD) (2011) 141, 16 MLR (AD) (2011) 245. ......No.2081 of 2008. The petition is accordingly dismissed. Ed. This Case is also Reported in: 16 BLC (AD) (2011) 41, VIII ADC (2011) 404, 8 LG (AD) (2011) 141, 16 MLR (AD) (2011) 245. ......(AD) (2011) 41, VIII ADC (2011) 404, 8 LG (AD) (2011) 141, 16 MLR (AD) (2011) 245. ......e High Court Division noticed various news reports produced for consideration and observed that in writ jurisdiction, it could not consider them to judge the reasonableness of the decision. Only question is whether the decision taken could be referred to or based on any materials. The cancellat..Category: Employment/Service Law | Date: 11 Jul, 2010 | Hits: 104
.... Children's Affairs and the Inspector General of police by a special messenger of the Court at the costs of the office.
Ed.
This Case is also Reported in: 16 MLR (HCD) (2011) 61; 63 DLR (2011) 1.......the schedules thereto.
28. Imposition and execution of extra-judicial penalties including those in the name of execution of Fatwa is bereft of any legal pedigree and has no sanction in laws of the land.
29. Article 31 of the Constitution states:
"Right to protection of law.- To enjoy the pr......e by a special messenger of the Court at the costs of the office.
Ed.
This Case is also Reported in: 16 MLR (HCD) (2011) 61; 63 DLR (2011) 1.......
Judgment
Syed Mahmud Hossain J.- Writ Petition Nos. 5863 of 2009, 754 of 2010 and 4275 of 2010 have been heard together and are being disposed of by this common judgment as they do involve common questions of law and facts.
2. In Writ Petition No. 5863 of 2009 a Rule Nisi was issued on the fo..
Category: Women and Children | Date: 8 Jul, 2010 | Hits: 335
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