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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....... of 2009 is set aside. We are directing the learned Joint District Judge, 1st Court, Dhaka to dispose of Title 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) (2......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...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: ......under Fatulla Police Station of Narayanganj District, which he acquired from his father Nurul Islam Khan by way of a registered deed of Heba-bil-Ewaz dated 23.8.2001. After so transfer he mutated the record in his name and has been paying the rents to the revenue office. All on a sudden Bangladesh S......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: ..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. ...... 3. The police produced the petitioner before the Court of learned Chief Metropolitan Magistrate who sent the petitioner to the custody on 10-9-2004. The police took up the case for investigation and recorded the statements of the witnesses under section 161 of the Code of Criminal Procedure. Having......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
....the same age because of cultural difference and/or the relationship of the person doing the teasing. Teasing of younger sister-in-law is a common phenomenon in Bangladesh and is generally accepted in good grace. Sometimes the same teasing in Bangladesh may cause different degree of harm to the girls......tory for the internet users in the Cyber Cafes to produce photo identity card. The Government will make it compulsory for the cyber café service providers to seek identity cards from users and record their names and addresses as well as login time and duration of use including the number of t...... occurrences/ incidences of sexual harassment in the concerned district and the steps taken to punish the perpetrators and to prevent recurrence;
6. After consultation with the cyber café service providers, the Government shall, within a reasonable time, make it mandatory for the interne..
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. ......nstitution and the RPO, 1972 and, as such, the High Court Division erred in law in discharging the Rule. Mr. Kibria then submits that the High Court Division by ignoring the fact that every citizen recorded as voter can participate in contesting the election held for the Parliament subject to the......t is the mandate of the Constitution under Article 135 that Parliament cannot enact any law which empowers an authority subordinate to an authority by which a person who holds any civil post in the service of the Republic shall be dismissed or reduced in rank, inasmuch as, no law shall be made by..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: ......perty mortgaged by his predecessor-in-interest, with issuance of certificate of title in favour of the bank. 7. We have examined the writ petition, affidavit-in-opposition and other materials on record. It appears from the order sheet of the execution case, that notice under section 30 of the A......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: ..Category: Banking Law | Date: 20 Jan, 2011 | Hits: 233
Mirza Ahsan Habib Vs. Judge, Artha Rin Adalat, Khulna and another, 2011, 40 CLC (HCD)
....r section 33 (5) of the Ain will, however, remain with the bank and may also be disposed of in accordance with law. Nazmun Ara Sultana J.- I agree. Ed. This Case is also Reported in: ......ুরুপ মামলা আদালত কার্যার্থে গ্রহন না করিয়া সরাসরি খারিজ করিবে”। 7. It appears from the record that the first execution case was disposed of on 4.8.2005 and the second execution case was f......r section 33 (5) of the Ain will, however, remain with the bank and may also be disposed of in accordance with law. Nazmun Ara Sultana J.- I agree. Ed. This Case is also Reported in: ..Category: Banking Law | Date: 19 Jan, 2011 | Hits: 305
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.......threat and coercion upon them and the same are not at all true and voluntary. 6. The learned Judge of the Tribunal below having heard both the parties and considering the evidence and materials on record passed the impugned Judgment and order of conviction and sentence dated 4.5.2005 convicting a......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)
....ew, reading section 89 together with section 91 would expose the error in the interpretation relied upon by Global Initiative. Section 89 and 91 provide as follows: “89. Nothing which is done in good faith for the benefit of a person under twelve years of age, or of unsound mind, by or by conse......volving cruel, humiliating and degrading punishments and to prosecute and punish those found responsible and also provide redress to those affected. Both the petitioners have a long established track record in undertaking public interest litigation for securing the rights of the most marginalised an......e equivalent of Class-V and above and has 9 regional offices. In addition there is the Ebtedayee Section which deals with students in classes equivalent to Class-I to IV. Finally, he told us that the service conditions of the teachers in the Secondary, Higher Secondary and Higher Education is covere..Category: Women and Children | Date: 13 Jan, 2011 | Hits: 248
State Vs. Alam, 2011, 40 CLC (HCD)
.... 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. ......-Shishu Case No.51 of 2003. This has necessarily attracted the provisions of section 374 of the Code of Criminal Procedure ("the Code") requiring such sentence to be confirmed by this Court. The case record together with the Judgment having been, therefore, sent to this Court, this Court registered ...... 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. ......Division is liable to be set-aside. 9. We have heard the learned Advocate appearing for the petitioner, perused the impugned judgment and decree of the High Court Division and other materials on record. 10. The pertinent question in this case is whether the defendant-petitioner had married......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. ..Category: Family Law, Hindu Law | Date: 6 Jan, 2011 | Hits: 15
....tion with the respondent No.1 had imported the secondhand re-conditioned engines and that they shall remain responsible for any damage for unsatisfactory performance of the engines and make good the loss from their own resources and accordingly shall make repayment of BSRS loan strictly in......ve rightly held that collusion existed between the appellant and the respondent No. 5 and the respondent No.2 has nothing to do in respect of loan money of the appellant. The learned Advocate-on-record appearing for the respondent No. 2 finally submits that the trial Court and the High Court Di......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.
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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. ......eference cases on the above issue as evidence by Annexure-'C' series to the petition have been pending before this Division against the assessment of different years we are left with no choice but to record our observations that anything in detail addressing and touching upon the different argum......itled to receive as dividend or receive a share of it in any other way. Its members have appointed the employees including cooks, waiters, security guards and other staffs for their own benefit and services for which the members availing them pay for, including consumption of food and drinks out o..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 ......on-2004 through backstage maneuvers and underhand means and accordingly it recommended the cancellation of their admission from the university. Furthermore, the names of the petitioners were not recorded in the Optical Mark Reader (OMR.) sheets of the university for the said academic sessi...... Accordingly, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 171 ..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. ......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. ......to do but as they did not act according to their promise and did neither pay any rent nor enter into any agreement and thus became defaulter; that the plaintiffs after duly terminating the tenancy by service of notice under section 106 of the Transfer of Property Act, 1882 filed the suit for a decre..Category: Property Law, Tenancy Law | Date: 8 Dec, 2010 | Hits: 12
Thana Nirbahi Officer, Pirgachha, Rangpur and others Vs. Md. Dulal Miah, 2010, 39 CLC (HCD)
.... the revisional application is hereby condoned. The office is directed to place the revisional application before an appropriate motion bench immediately. Ed. This Case is also Reported in: ......ttorney General is also found absent and therefore, the matter is taken up for disposal in absence of the parties. 3. The facts relevant for deciding the instant Civil Rule, as it appears from the record and application for condonation of delay, are that the impugned judgment was passed on 8.1.20...... the revisional application is hereby condoned. The office is directed to place the revisional application before an appropriate motion bench immediately. Ed. This Case is also Reported in: ..Category: Procedural Law | Date: 8 Dec, 2010 | Hits: 180
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. ...... 8. We have heard the learned Counsel for both the parties, perused the impugned judgment ad order passed by the High Court Division and also other materials available on record. 9. In the instant case it appears that the petitioner being the member of Dullah Beg......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. ..Category: Civil Law | Date: 6 Dec, 2010 | Hits: 5
Hasna Ahmad Vs. State and another, 2010, 39 CLC (HCD)
....xt submits that the facts disclosed in the charge-sheet having no tangible basis at all do not constitute any offence against the petitioner and the nondisclosure of any offence against her is a good ground for quashing the proceedings of the case so far as it relates to her. 12. In suppor......947 (Act No. II of 1947); Section 5(2) A mere vague and nebulous statement in the charge-sheet about the alleged abetment of the petitioner without any supporting incriminating materials on record cannot be sustained at all. It seems that the implication of thepetitioner in this case as an......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
...., as to the country of origin, since there are specific provisions in the Customs Act for dealing with wrong declaration by the importer at the entry point, the authority can not detain the goods without due process of law.
There are no cogent reason for detaining the goods in questio......d not be directed to release the said goods immediately. This court, at the time of issuance of rule in this writ petition, on 31-10-2010, directed respondent Nos. 1 and 2 to certify and transmit the records of concerned Customs Case No.581 of 2010 within 7 days by special messenger and fixed on 8-1......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
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Category: Fiscal/Taxation Law | Date: 11 Nov, 2010 | Hits: 3
...., as to the country of origin, since there are specific provisions in the Customs Act for dealing with wrong declaration by the importer at the entry point, the authority can not detain the goods without due process of law.
There are no cogent reason for detaining the goods in questio......d not be directed to release the said goods immediately. This court, at the time of issuance of rule in this writ petition, on 31-10-2010, directed respondent Nos. 1 and 2 to certify and transmit the records of concerned Customs Case No.581 of 2010 within 7 days by special messenger and fixed on 8-1......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
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Category: Fiscal/Taxation Law | Date: 11 Nov, 2010 | Hits: 5
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