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Nazim Uddin Vs. Bangladesh and others, 2011, 40 CLC (HCD)

....of the above, the Rule is discharged. The order of stay passed at the time of issuance of the Rule is vacated. Nazmun Ara Sultana J.- I agree. Ed. This Case is also Reported in: ......of the above, the Rule is discharged. The order of stay passed at the time of issuance of the Rule is vacated. Nazmun Ara Sultana J.- I agree. Ed. This Case is also Reported in: ......of the above, the Rule is discharged. The order of stay passed at the time of issuance of the Rule is vacated. Nazmun Ara Sultana J.- I agree. Ed. This Case is also Reported in: ......n (Special Original Jurisdiction) Present: Nazmun Ara Sultana J Md. Ruhul Quddus J Nazim Uddin……………………...............................Petitioner Vs. Bangladesh and others ………………….................Respondents Judgment February ..

Category: Banking Law | Date: 9 Feb, 2011 | Hits: 162

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

....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. ......003 (2) DCR 332. Lawyers Involved: Md. Khurshid Alam Khan, Advocate—For the Petitioner. Md. Motaher Hossain, Advocate—For the Opposite-Party No. 2. Md. Shahidul Islam, Deputy Attorney-General—For the Opposite Party No.1 (State). Criminal Miscellaneous Case No. 5391 of 2010. J......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. ......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. ..

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

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

.... 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. ......dgment February 3, 2011. Result: The Rule is discharged. Lawyers Involved: Meah Mohammad Kausar Alam, Advocate—For the Petitioners. Md. Sohrowardi, Deputy Attorney-General—For the State-Opposite-Party. Hossain-al-Amin, Advocate—For the Opposite-Pa...... 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

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

....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.......For the respondent Judgment February 1, 2011. Result: The appeal is allowed. Lawyers Involved: Golam Abbas Chowdhury, Advocate - For the appellant. Biswojit Roy, Deputy Attorney General, with Md. Moniruzzaman, Assistant Attorney General with Kazi Md. Mahmudul Karim, Assistant A......re the Nari-O-Shishu Nirjatan Daman Tribunal, Barisal.) Judgment Syed Md. Ziaul Karim J. - By this appeal the appellant seeks bail in Nari-O-Shishu case no. 471 of 2010 arising out of Gournadi Police Station Case no. 13 dated 17-06-2010 corresponding to G.R. no. 116 of 2010 (Gournodi) under s......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)

.... 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.................................................Respondent Judgment January 31, 2011. Lawyers Involved: MA Shahid Choudhury, Advocate-For the Appellant. Md. Moniruzzaman, Assistant Attorney-General and Kazi Mahmudid Karim, Assistant Attorney-General-For the Respondent. Criminal Appeal ...... 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. ......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. ......arks, Dhaka that was communicated by letter dated 22.5.2006 accepting Opposition Case No.2131 of 2003. 2.  Facts relevant for disposal of this appeal are that the appellant’s agent in Bangladesh, Haji Abdul Maleque filed Application No.65372 in class-6 for registration of trade mark,..

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

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

....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.......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.......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....... his heirs: Md. Naimuddin and others, 35 DLR (AD) 31; 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...

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

Nasirul Islam Vs. Bangladesh and others, 2011, 40 CLC (HCD)

....d to take back his original title documents those have been annexed with the writ petition substituting photocopies thereof. Nazmun Ara Sultana J.- I agree. This Case is also Reported in: ......d to take back his original title documents those have been annexed with the writ petition substituting photocopies thereof. Nazmun Ara Sultana J.- I agree. This Case is also Reported in: ......t Ain, 2003. 2. Petitioner’s case, in short, is that he was the lawful owner-in-possession of .06 acres of land appertaining to Khatian No.746, Plot No.105 at Muza East Eash Dair under Fatulla Police Station of Narayanganj District, which he acquired from his father Nurul Islam Khan by way of......tion) Present: Nazmun Ara Sultana J Md. Ruhul Quddus J Nasirul Islam, since deceased substituted by his legal heirs Mrs. Mily Khan and others ............Petitioners Vs. Bangladesh and others ……………….........Respondents Judgment January 27, 2011. ..

Category: Banking Law | Date: 27 Jan, 2011 | Hits: 172

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

....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.   ......n Vs. State, 61 DLR 35;Abdul Haider Sikder Vs. State, 43 DLR (AD) 95. Lawyers Involved: ABM Waliur Rahman Khan, Advocate—For the Petitioner. Kazi M. Ejarul Haque, Deputy Attorney General with Md. Shafquat Hussain, Assistant Attorney General—For the Opposite-party. Cri......f local witnesses, namely, Abdul Karim, Md. Mazharul Sikder and Md. Israfil and recovered a revolver along with one round bullet from the right side of the waist of the petitioner. After that, the DB Police prepared a seizure list and took signature of the witnesses on it. On interrogation, the peti......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.   ..

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)

.... 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: ...... 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: ......nctionary of the state or of a local authority is not open to challenge under writ jurisdiction, unless it comes within the scope of article 102 of the constitution. No relief has been sought against Bangladesh Bank in respect of its inaction and a direction has been sought, instead, against a priva..

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

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

....writ petition, this court, upon hearing the submissions of the learned senior members of the bar present in the court, on the same day issued the following four interim directions: “i) the Inspector General of Police (IGP) is hereby directed to take immediate steps to apprehend all stalke......f India, (1995) 1SCC 14); BNWLA Vs. Bangladesh 14 BLC (2009). Lawyers Involved: Ms. Fahima Nasrin with Ms. Salma Ali, Advocates-For the petitioner. Md. Motaher Hossain, Deputy Attorney General with Samarendra Nath Biswash, Assistant Attorney General-For the respondent No.2. Writ ........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. Bangladesh & others, 21 BLD (AD) 2001 –69; 60 DLR......n: 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)

....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. ...... has been established in England in the case of Ashby Railway Carnage andiron Co. Ltd. Vs. Rich (1875 LR 7 HL 653) and subsequently this theory was strengthened and applied in the case of Attorney General Vs. Great Eastern Railway Co. 34. The word "ultra" means beyond and the word "vires" m......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. ...... 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 Bangladesh, 41 DLR (AD) 165; Ashby Railway Carriage and Iron Co. Ltd Vs. Rich (1875 LR 7 HL 653); B..

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

Md. Hamiduzzaman Vs. Joint District Judge, Artha Rin Adalat, Faridpur and others, 2011, 40 CLC (HCD)

....e may be, which have been deposited by them in favour of the decree holder-bank after issuance of the certificate. Nazmun Ara Sultana J.- I agree. Ed. This Case is also Reported in: ......e may be, which have been deposited by them in favour of the decree holder-bank after issuance of the certificate. Nazmun Ara Sultana J.- I agree. Ed. This Case is also Reported in: ......e may be, which have been deposited by them in favour of the decree holder-bank after issuance of the certificate. Nazmun Ara Sultana J.- I agree. Ed. This Case is also Reported in: ......tion 33(7) of the Artha Rin Adalat Ain, 2003 (herein after referred to ‘the Ain’) in respect of the mortgaged property. 2. Facts leading to this writ petition, in short, are that Islami Bank Bangladesh Ltd., Khulna Branch as plaintiff instituted Artha Rin Suit No.10 of 2004 in the Artha Rin..

Category: Banking Law | Date: 20 Jan, 2011 | Hits: 233

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.......oygun 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. Lawyers Involved: Md. Salim, Deputy Attorney-General with Md. Ensan Uddin Sheikh, and Md. Nurul Islam Matubber, Assistant Attorney-Generals - For......and are disposed of by this Judgment. 2. The prosecution case, in short, is as follows:- One Md. Rajbul Hossain, on 1.11.2002 at 12-15 hours, being informant lodged ejahar with the Jhikorgachha Police Station to the effect that having gone to the house of his sister Monoara she informed him th......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...

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)

....institutions. The Managing Committee of the schools were directed to identify the teachers who mete out corporal punishment and to take punitive action against them. The circular further directed the Inspectors under the Offices, Departments and Education Boards under the Ministry of Education to mo......vocate-For the respondent Nos. 21 and 35. Md. Tashadduk Hasan, Advocate-For the respondent No.37. M. Wali-ul Islam, Advocate-For the respondent No. 41. Md. Motahar Hossain, Deputy Attorney General with Samarendra Nath Biswas, Assistant Attorney General and Md. Jahangir Alam, Assistant Att......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, Advocate with Ms. Aantee ......oral 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)

.... condemned-prisoner and his brother Amanat to hang the corpse only to be thwarted by the assemblage of the eye-witnesses and others Highlighted is the fact, however, that the P.W.10, Shahidullah, Sub-Inspector of Police stated in his deposition on the terms that, “মৃত দেহটি ......rs Involved: M Amir-ul-Islam, Senior Advocate with Sheikh Rafiqul Islam, Ms Sultana Nasrin, Md. Taslim Uddin, Advocates—For the condemned-prisoner. Bhishmadev Chakrabarty, Deputy Attorney-General with Atiqur Haque (Salim) Assistant Attorney-General—For the State. Death Reference N......isoner and his brother Amanat to hang the corpse only to be thwarted by the assemblage of the eye-witnesses and others Highlighted is the fact, however, that the P.W.10, Shahidullah, Sub-Inspector of Police stated in his deposition on the terms that, “মৃত দেহটি স্বা...... 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. ..

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. ......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. ......osed that he has no enmity with the defendant-petitioner and P.W.4 also corroborated the plaintiff-respondent's statement in respect of compromise agreement in the Office of the Superintendent of Police where the defendant and other witnesses were present. The defendant did not deny the fact of ...... Court Division in Civil Revision No.2325 of 2005) Judgment Md. Muzammel Hossain J.- This petition for leave to appeal under Article 103 of the Consti­tution of People's Republic of Bangladesh is direct­ed against the judgment and decree dated 29-10-2008 passed by a Single Benc..

Category: Family Law, Hindu Law | Date: 6 Jan, 2011 | Hits: 15

Bangladesh Shilpa Rin Sangstha (BS-RS) Vs. She Shipping Judgment Lines Limited and others, 2010, 39 CLC (AD)

....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.   ......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.   ......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.   ......) (2015) 66.   ..

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. ......ult: The Rule is discharged. Lawyers Involved: Masood R. Sobhan with Fatema S. Chowdhury and AFM Saiful Karim, Advocate - For the Petitioner.  Murad Reza, Additional Attorney-General, Md. Abdur Rahim Bhuiyan, Deputy Attorney-General with SM Moniruzzaman, K.M. Masud Rumy, Pra......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. ......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. ..

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           ......thers..............Respondents Judgment December 9, 2010 Result: The Rule is discharged. Applicability of the principle of 'locus penitentiae' under Section 21 of the General Clauses Act- The authority competent to make an order has the power to undo the same; b...... Accordingly, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 171           ......n (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, 2010 Result: ..

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