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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.......a Khatun submitted the First Information Report on 29-8-2004 and that the date of alleged occurrence of rape was 14-8-2004. As such we find that was delay of 13 days in lodging the FIR. We are of the view that in a case containing allegation of rape delay in lodging the FIR is not necessarily fatal ..

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. ......o so, as a result the party symbol which is the prop­erty of the party was not allocated to him because the party had submitted the list to the Election Commission in respect of 48 seats only. In view of the aforesaid facts, the Respondent No.1 was not given a symbol and, as such, he did not con..

Category: Civil Law, Election Law | Date: 7 Oct, 2010 | Hits: 8

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. ......ficacious and effective remedy. Section 42 (4) says that if an appeal is filed it has to be disposed of within 9 months after accepting the appeal for hearing, if not, the appeal stands allowed. This view of ours finds support in the decision of Bengal Glass Works Ltd. Vs. Member, NBR and others 9 M..

Category: Fiscal/Taxation Law | Date: 7 Oct, 2010 | Hits: 174

State Vs. Tajul Sheikh @ Md. Tajul Shaikh and others, 2010, 39 CLC (HCD)

....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. ......ivision that the prosecution had failed to prove beyond doubt that the victims were living in the house of the accused at the time of occurrence are sufficient grounds to acquit them of the charge in view of the fact that the respondents failed to dislodge the prosecution case that the victim Sufia ..

Category: Criminal Law | Date: 28 Sep, 2010 | Hits: 15

Ain O Salish Kendra Vs. Bangladesh, 2010, 39 CLC (HCD)

.... (2011) HCD 36, 8LG (2011) HCD 1. ......etween the ages of 8-16 years. An editorial in the Daily Protham Alo dated 04.10.2003 also speaks of 10,000 children working in the ‘bidi’ factories in Haragacha who have lost their childhood. In view of such stories regarding children toiling in the ‘bidi’ factories in Rangpur the petitione..

Category: Women and Children | Date: 5 Sep, 2010 | Hits: 261

Hasura Begum Vs. Bangladesh and others, 2010, 39 CLC (HCD)

....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. ...... place his report in person.  4. In due course the reports from the IGP and subsequently a report from the DG of RAB were received giving details of what steps had been taken by them with the view to recovering the missing vic­tim. The investigating officer also submitted his report. A..

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)

....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 ......y;as it was very much known to Sonali bank that it had to deposit same only to save the interim order passed by the High Court Division in its Writ Petition No. 3434 of 2007. Therefore, we are of the view that by above suppression and deceitful conduct, Sonali Bank committed fraud upon the Adalat be..

Category: Banking Law | Date: 23 Aug, 2010 | Hits: 2

Abdur Rashid Gazi Vs. Nur Ali Gazi and others, 2010, 39 CLC (HCD)

....he time of issuance of the Rule is hereby recalled and vacated. Send down the lower Courts' records immediately. Ed. This Case is also Reported in: 18 BLT (HCD) (2010) 315. ......ions of Indian jurisdiction and came to the conclusion as stated herein before. 18. Considering the decisions mentioned herein before settled by the Appellate Division, I am of the considered view that the plaintiff proved the motive behind the purchase of the suit land in the benami of hi..

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. ......ce, no Court of Session shall take cognizance of any offences as a Court of original jurisdiction unless the accused has been sent to it by a Magistrate duly empowered in that behalf." Hence, in view of the fact that no provision being made in the Act for directly taking cognizance by the Court..

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. ......ore us is to consider as to whether the impugned Judgment and order passed by the tribunal is sustainable in the eye of law or whether the same are liable to be set-aside on the grounds as well as in view of the evidence and materials on record of this case. 11. To arrive at the conclusion, we ha..

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. ......e petitioner submits that both the Courts below having failed to appreciate that the claim of the plaintiff as made in the plaint does not constitute the cause of action for money suit inasmuch as in view of the averments made in the plaint that the defendant as an employee of plaintiff-Adamjee Jute..

Category: Limitation Law | Date: 20 Jul, 2010 | Hits: 38

S.M. Saiful Hasan Vs. Director General, Bangladesh Sugarcane Research Institute and others, 2010, 39 CLC (HCD)

....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: ......ded therein, as such the provisions as contained in Chapter VII of the Regulations, 1989 has no manner of application in the present case so far giving show cause notice is concerned. Moreover, in view of the decision of the case of Bangladesh Bank and others Vs. Mohammad Abdul Mannan reported i..

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. ......t 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 aside the decree. It is my consid­ered view application for readmission of appeal under Rule 19 is applicable till decree is not drawn up a..

Category: Procedural Law | Date: 18 Jul, 2010 | Hits: 140

General Manager, Meghna Petroleum Ltd. and others Vs. Sultan Ahmed and others, 2010, 39 CLC (AD)

.... disposed of in the High Court Division expeditiously. This appeal is disposed off with the above observations and directions. Ed. This Case is also Reported in: 20 BLC (AD) (2015) 1 ......inst erring persons of the autonomous body. An order of transfer is not an action affecting, altering or infringing upon right to office one holds and while exercising jurisdiction of judicial review the High Court Division cannot sit over the internal administrative actions taken an autonomous..

Category: Constitutional Law | Date: 13 Jul, 2010 | Hits: 4

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. ......e said Act. In the absence of any provision under section 138 or 141 of the said Act, 1881, prescribing as to what particulars should be contained in a petition of complaint, we are of the considered view, that mere non-mentioning of the date of issuing of the notice under section 138 (1) (b) of the..

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. ......said decree and as such the case record is required to be returned, which were rejected by the trial Court and affirmed in revision by the impugned order. No one appears to support the Rule. 4. In view of the fact this is an old revision and arose out of an order, we are inclined to take it up fo..

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. ...... in respect of manufacturing, distributing, selling and marketing of their respective product fairness cream with trade mark "Fair & Lovely" and "Fair & Care". 10. In view of the foregoing narrative, the appeal is disposed of. The parties are directed to maintain sta..

Category: Intellectual Property Law | Date: 11 Jul, 2010 | Hits: 269

Chairman, National Board of Revenue (NBR) Vs. Advocate Zulhas Uddin Ahmed and others, 2010, 39 CLC (AD)

.... of the learned Assistant Attorney General appearing for the petitioners. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 15 MLR (AD) (2010) 457; 18 BLC (AD) (2013) 52. ...... intent and spirit thereof is to provide minimum health care/medical service to the citizens in order to maintain and improve public health being the primary duty and obligation of the State. In that view of the matter, the imposition of VAT on the impugned medical services is not warranted and cont..

Category: Health Law | Date: 8 Jul, 2010 | Hits: 376

Dhirendra Nath Mondal Vs. Agrani Bank Ltd and others, 2010, 39 CLC (HCD)

....3 of 2001 is hereby affirmed. However, there will be no order as to costs. Send down the lower Court's record at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 301. ......sed, fraudulent and mala fide devices are being practiced for obtaining an 'immune' decree from Artha Rin Adalat as a tool to oppress persons and fetching unlawful gain out of such decree. In view of the same the learned Advocate submits that time has ripen enough to examine the extent of &#..

Category: Civil Law | Date: 7 Jun, 2010 | Hits: 6

Md. Sahab Uddin Vs. State and another, 2010, 39 CLC (HCD)

....ult, the rule is discharged. The order of stay granted earlier by this Court shall stand vacated. Communicate the order at office. Ed. This Case is also Reported in: 17 MLR (HCD) (2012) 467. ......bduction is not subject matter of this rule. The said case has no relevance to the impugned proceedings and there is no legal scope to connect that case in the disposal of the instant rule. 16. In view of our findings and observation recorded above, we do not find any merit in the rule and the ru..

Category: Civil Law | Date: 30 May, 2010 | Hits: 43