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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. ......cated upon conjectures, surmises and speculations. Her involvement in the case as an abettor entails a journey into the minds of the Investigating Officers concerned, an exercise fraught with uncalledfor and unwarranted consequence. Having regard to the facts and circumstances of the case, it transp......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. ...... Vs. Enayet Hossain, 17 BLD (AD) 44; Sher Ali Vs. State, 46 DLR (AD) 67; Solicitor, Government of Bangladesh Vs. AT Mridha, 26 DLR (SC) 17; State Vs. Abdul Wahab Shah Chowdhury, 51 DLR (AD) 242. Lawyers Involved: Md. Asaduzzaman with Imtiaz Uddin Ahmad Asif, Advocates - For the Petitioner...

Category: Anti-Corruption Laws | Date: 1 Dec, 2010 | Hits: 189

Shafiqul Islam (Md.) Vs. The Commissioner of Customs, Excise and VAT Rajshahi and others, 2010, 39 CLC (HCD)

....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     ...... by the Importer has negative Impact in Due Process of Law- Although the importer gave wrong declaration, 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 de......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     ......it Petition No. 8681 of 2010 is made absolute. The rule in Writ Petition No.7367 of 2010 is disposed of. Whether Wrong Decla­ration by the Importer has negative Impact in Due Process of Law- Although the importer gave wrong declaration, as to the country of ori­gin, since ther..

Category: Fiscal/Taxation Law | Date: 11 Nov, 2010 | Hits: 3

Shafiqul Islam (Md.) Vs. The Commissioner of Customs, Excise and VAT Rajshahi and others, 2010, 39 CLC (HCD)

....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     ...... by the Importer has negative Impact in Due Process of Law- Although the importer gave wrong declaration, 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 de......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     ......it Petition No. 8681 of 2010 is made absolute. The rule in Writ Petition No.7367 of 2010 is disposed of. Whether Wrong Decla­ration by the Importer has negative Impact in Due Process of Law- Although the importer gave wrong declaration, as to the country of ori­gin, since ther..

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: ......ibed in schedule-1 of the writ petition). The petitioner, her brother and sisters inherited the said property after the demise of their father Dudu Mian and have been enjoying and possessing the same for more than twelve years without any interruption. She (petitioner) came to know from a reliable s...... 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: ...... November 11, 2010. Cases Referred to- Victor Rodrix and others Vs. The 4th Artha Rin Court, Dhaka and others; Md. Delwar Hossain Vs. Bangladesh and others 24 BLD (HC) 323; 24 BLD (HC) 323. Lawyers Involved: Abdur Razzaq with Shahjada Al-Amin Kabir, Advocates-For the Petitioner. M. S..

Category: Banking Law | Date: 11 Nov, 2010 | Hits: 14

Ms. Syeda Rizwana Hasan Vs. Bangladesh and others, 2010, 39 CLC (AD)

....cute the officers responsible. The appeal is dismissed with the above observations without any order as to costs. Ed. This Case is also Reported in: 9 ADC (2012) 816, 18 BLC (AD) (2013) 54. ......ly the underprivileged or the poor who are unable to come to Court due to illiteracy or monetary helplessness, a petition on their behalf will be wel­comed. The litigation must have been ini­tiated for the benefit of the poor or any number of people who have been suffering the common injury but th......cute the officers responsible. The appeal is dismissed with the above observations without any order as to costs. Ed. This Case is also Reported in: 9 ADC (2012) 816, 18 BLC (AD) (2013) 54. ......981 (Supp) SCC 87; Janata Dal Vs. H.S. Chowdhury, (1992) 4 SCC 305; Unnayan Kartipakha and another Vs. Moshiul Islam, 53 DLR (AD) 79; Mushiul Islam (53 DLR (AD) 79); Parvin Akter (7 BLC (AD) 167). Lawyers Involved: Fida M. Kamal, Senior Advocate, instruct­ed by Mrs. Nahid Sultana, Advocate-on..

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   ......r any other order passed as this Court may deem fit and proper. 2. By the same Rule issuing order, all pro­ceedings of the above mentioned CR Case was also stayed. 3. The relevant facts for disposal of the Rule are that the opposite party No. 2 Md. Rafiqul Islam, Branch Manager, Gramee......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   ......r……………………….......................Opposite-Parties Judgment November 2, 2010. Result: The Rule is made absolute. Lawyers Involved: None appears—For the Petitioner. Abdur  Rezaque Khan with &nb..

Category: Anti-Corruption Laws, Criminal Law | Date: 2 Nov, 2010 | Hits: 5

Redwan Ahmed Vs. Bangladesh, 2010, 39 CLC (HCD)

....il already granted to him by this Division. The order of stay granted earlier by this Court is hereby vacated and recalled. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 70. ......7 filed under section 409 of the Penal Code 1860, in respect of an offence allegedly committed on 11-6-2002 read with Section 5(2) of the Prevention of Corruption Act, 1947, nowon transfer, pending before the learned Special Judge Court No.2, Dhaka, should not be declared to be without lawful author......il already granted to him by this Division. The order of stay granted earlier by this Court is hereby vacated and recalled. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 70. ......ain Mollah Vs. State, 45 DLR (AD) 175; Title Suit Baliah Vs. Title Suit Rangachari, AIR 1969 (SC) 701; and Md. Nizamuddin Vs. State, 30 DLR 49 (FB); Abul Kalam Khan Vs. Riza Morshed, 5 BLC 2000. Lawyers Involved: Rokanuddin Mahmood, Zafar Imam and Golam Rasul, Advocates - For the Petitione..

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. ......dren aged up to 18 years who were held in custody within the different prisons of this country during August 2010. A further Memo No. পিডি/পরি- 25/2010/2567(2) dated 03.10.2010 has been forwarded to this Court giving details of a total of 121 children up to the age of 18 years held in ...... 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. ...........................Respondents Judgment October 25, 2010. Result: The Rule is disposed of with observations. Cases Referred To- State Vs. Secretary, Ministry of Law, Justice & Parliamentary Affairs and others, 29 BLD 656. Lawyers Involved: Md. M..

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. ...... Sexual harassment in employment Sexual harassment in employment may be termed as any attention of a sexual nature in the context of work situation which has the effect of making a woman uncomfortable on the job, impeding her ability to do the work or interfering with her employment opportu......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. ......int……………………………..(13) Cases Referred to- Abul Khair Vs. Pubali Bank, 53 DLR (AD) 62; Vishaka Vs. State of Rajasthan, AIR 1997 SC 3011 and Bangladesh National Women Lawyers Association (BNWLA) Vs. Bangladesh, 14 BLC 694 at page 706. Lawyers Involved: Sig..

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. ...... 5 MLR (AD) 137; MA Khaleque Vs. Bangladesh Bank, 5 BLC (AD) 85. Lawyers Involved: Rokonuddin Mahmud with Mustafizur Rahman Khan, Advocates - For the Petitioner. Md. Khurshid Alam Khan for Nahid Mahtab, Advocate - For the Respondent No 1. Writ Petition No.5524 of 2009. Judgm......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. ......gment October 12, 2010. Result: The Rule is discharged. Cases Referred to- Md. Yaqub Vs. Bangladesh Bank, 5 MLR (AD) 137; MA Khaleque Vs. Bangladesh Bank, 5 BLC (AD) 85. Lawyers Involved: Rokonuddin Mahmud with Mustafizur Rahman Khan, Advocates - For the Petitioner..

Category: Banking Law | Date: 12 Oct, 2010 | Hits: 423

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.......nal, Rajbari in the Nari-o-Shishu Case No.336 of 2004, convicting the appel­lant under section 9(1) of the Nari-o-Shishu Nirjatan Daman Ain, 2003 and sentencing him to suffer rig­orous imprisonment for life and to pay a fine of Taka 10,000 in default to suffer rigorous imprisonment for 6(six) mont......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.......lt: The appeal is allowed. Cases Referred to- State of Himachal Pradesh Vs. Premsing, 2009 CrLJ (SC) 786; Sheikh Zakir Vs. State of Bihar, AIR 1983 (SC) 911; Al-Amin Vs. State 51 DLR 154. Lawyers Involved: Alhaj ABM Nurul Islam, Senior Advocate with Md. Giasuddin Ahmed and Elida Yeasm..

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. ....... Qamrul Islam Siddique, Advocate, instructed by AKM Shahidul Huq, Advocate-on-Record—For the Respondent No.1. None Represented—For the Respondent Nos.2-15. Civil Petition for Leave to Appeal No.308 of 2010. (From the order dated 31-1-2010 passed by the High Court Di......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. ......r SS Khanna Vs. Brig. FJ Dillon, AIR 1964 SC 497;Tara Kant Banerjee Vs. Puddo Money Dossee, (1865) 10 MIA 476:5 WR 63; Jugannath Rac-Dani Vs. Ram Bharosa, LR 60IA 49; 37 CWN 321; AIR 1933 PC 33. Lawyers Involved: Muhammad Mohsen Rashid, Advocate, instructed by Syed Mahbubar Rahman, Advocat..

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. ...... For the Petitioner. M. Amirul Islam, Senior Advocate instructed by Md. Aftab Hossain, Advocate-on-Record-For Respondent No. 1. None represented-For Respondent No. 2. Civil Petition for Leave to Appeal No. 859 of 2011. (From the judgment and order dated the 1st day of March, 2......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. ...... Vs. Abul Kalam and others………………………Respondents Judgment October 7, 2010. Result: The appeal is dismissed. Lawyers Involved: Zulfiqur Bulbul Chowdhury, Advocate instructed by Syed Mahbubar Rahman, Advoc..

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. ......D) (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. ......vt.) Ltd. Vs. T & T Board and others, 48 DLR (AD) 20; Trading Corporation of Bangladesh (TCB) Vs. The Commissioner, Customs, Excise and VAT Commissionarate, Chittagong (unreported decision). Lawyers Involved: Rokon Uddin Mahmud with, Md. Asaduzzaman, Advocates - For the petitioner. ..

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

State Vs. Md. Sayab Ali, 2010, 39 CLC (AD)

....kuchi, District-Serajgonj in connection with the case and to admit him on bail to his satisfaction if he makes any prayer in that regard. Ed. This Case is also Reported in: VIII ADC (2011) 256. ......7, 2010. Lawyers Involved: Motahar Hossain, Deputy Attorney General, instructed by B. Hossain, Advocate-on-Record-For the Petitioner. Not Represented-For the Respondent. Criminal Petition for Leave to Appeal No.52 of 2009. (From the judgment and order dated 30.6.2008 passed by the Hig......kuchi, District-Serajgonj in connection with the case and to admit him on bail to his satisfaction if he makes any prayer in that regard. Ed. This Case is also Reported in: VIII ADC (2011) 256. ......J The State ...................................................Petitioner Vs. Md. Sayab Ali …………………………………………........Respondent Order October 7, 2010. Lawyers Involved: Motahar Hossain, Deputy Attorney General, instructed by B. Hossain, Advocate-on..

Category: Women and Children | Date: 7 Oct, 2010 | Hits: 126

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. ......: Biswajit Dev Nath, Deputy Attorney General, instructed by Sufia Khatun, Advocate-on-Record—For the Petitioner. Nahida Sultana, Advocate-on-Record—For the Respondents. Criminal Petition for Leave to Appeal No.215 of 2010. (From the judgment and order dated 22.2.2010 passed by the Hi......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. ............................................Petitioner Vs. Tajul Sheikh @ Md. Tajul Shaikh and others...................Respondents Order September 28, 2010. Result: Leave is granted. Lawyers Involved: Biswajit Dev Nath, Deputy Attorney General, instructed by Sufia Khatun, Advocat..

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. ......ra (ASK) and Aparajeyo Bangladesh filed the instant writ petition seeking an order from this Court declaring the continuous failure of the respondents to ensure healthy, hygienic and safe work place, for the workers within the ‘bidi’ factories of respondents No.3 to 5 in accordance with the prov...... (2011) HCD 36, 8LG (2011) HCD 1. ...... Vs. Bangladesh, 21 BLD (AD) 69 and State Vs. Metropolitan Police Commissioner, 60 DLR 660; M.C. Mehta Vs. State of T.N. and others, (1996) 6 Supreme Court Cases 756; State Vs. Secretary, Ministry of Law Justice and Parliamentary Affairs and others, 30 BLD 369. Lawyers Involved: Dr. Naim Ahmed..

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. ......¦Respondents  Judgment August 24, 2010.  Result: The Rule is disposed of. The Nari-o-Shishu Nirjatan Daman Ain, 2000 (Act No. VIII of 2000); sections 7/9(1)/30 When any information, either verbally made before the police, or in writing, regarding a cognizable offence is ......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. ......amp; 13) Cases Referred to- Ramesh Kumari Vs. State (NCT of Delhi), AIR 2006 Supreme Court 1322; State of Haryana and others Vs. Ch. Bhajan Lal and others, AIR 1992 Supreme Court 604.  Lawyers Involved: Md. Sultan Uddin, Advocate - For the petitioner. Syed Haider Ali, Advocate -..

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 ......nd D1) passed in Artha Rin Case No. 293 of 2003 by the said respondent should not be declared to have been passed without any lawful authority and is of no legal effect. 2. Short facts, relevant for disposal of the rule, are that Uttara Bank Ltd., Gulshan Branch, Dhaka (Respondent No.3) filed A......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 ......s.................Responded Judgment August 23, 2010. Result: The rule is made absolute. Cases Referred to- Abul Khair Miah Vs. Abdul Latif Sarker, 32 DLR (AD) 167. Lawyers Involved: Mahmudul Islam with Md. Asaduzzaman with Anita Rahman and Nazia Kabir, Advoca..

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. ......t aside and/or pass such other or further order or orders as to this 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 inj......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. ......nd others Vs. Lutfe Ali Chowdhury and others, 49 DLR (AD) 73 = 2 BLC (AD) 33= 17 BLD (AD) 66; Bina Rani Dey and another Vs. Santosh Chandra Dey,51 DLR (AD) 81 = 21 BLD (AD) 99; 34 DLR (AD) 61. Lawyers Involved: Harendra Nath Nondy, Advocate - For the Petitioner. Bivash Chandra Bis..

Category: Procedural Law | Date: 10 Aug, 2010 | Hits: 4