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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. ......sion investigated the case and having found a prima facie case, the Investigating Officer submitted charge-sheet against 13(thirteen) persons including the petitioner under the relevant provisions by law on 20-9-2007. On hearing about the pendency of the case in the 3rd Court of the Special Judge, D..

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     ......y;gin, 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 question pur­chased by the petit..

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     ......y;gin, 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 question pur­chased by the petit..

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: ......tha Rin Adalat Ain, 2003 in Mortgage Decree Execution Case No.25 of 2001 (arising out of Mortgage Suit No.72 of 1996). 2. The petitioner’s case in short is that her father late Dudu Mian was the lawful owner in possession of 8.04 decimals of land out of 20 decimals appertaining to C.S. Khatian ..

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. ......ents who made several repre­sentations to the appropriate authorities and agencies including the respondent Nos.2 and 3, the Department of Environments for taking effective meas­ures against such unlawful, irregular, environmentally hazardous and arbitrary deci­sion and action of the said writ re..

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   ......rate shall send the petition of complaint to the Durnity Daman Commission in accordance with procedure laid down under Rules 13(3) of the Durnity Daman Bidhimala, 2007 to deal with in accordance with law. 11. Accordingly, the Rule is made absolute. The impugned proceeding is hereby quashed from..

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. ......mmitted 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 authority, in as much as the transfer, as made, is in violation of Rule-18ka of the Emergency..

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. ...... that according to the report of the Ministry of Social Welfare there are six Safe Homes under the control and supervision of the Ministry of Social Welfare which house female children. 5. The law relating to custody of children, who have come into conflict with the law, is to be found in the..

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. ...... of weight, nausea and fatigue may occur. It hinders a woman's chances of economic prospects by reducing her performance at job. So sexual harassment definitely gives birth of a liability under the law of tort……………………………..(12) A person can be liable for tort as well an..

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. ......e as to why the impugned Memo No. BRPD(R-2)651/9(3) Kha/2009 dated 24-3-2009 under the signature of respondent No.3 (Annexure-A to the writ petition) shall not be declared to have been issued without lawful authority and is of no legal effect and ultra vires section 17(6) of the Bank Company Act, 19..

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.......ilty, the accused replied in the negative. He has also refused to adduce any evidence in support of his defence. 8. The learned Tribunal after hearing the par­ties represented by their respective lawyers and hav­ing assessed the evidence on record, have found the accused guilty of the charges b..

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. ......tion Disputes" of the RPO 1972. The Respondent No.1was nominat­ed by Jatiyo Party, which is a registered political party having a registered and reserved symbol "PLOUGH". Under the law and Rules, as amended, prior to the elections the parties are permitted to jointly and severally..

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. ......ng in holding that the application filed before the Administrator of Waqf was not filed under section 32 of the Ordinance. When Mr. Zulfiqur Bulbul Chowdhury was confronted with the said provision of law he found it difficult to give reply. 5. We have gone through the provisions of sub-section ..

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. ......ondent No.2 under section 55(3) of the VAT Act, 1991 directing the petitioner to pay an amount of Tk.49,04,42,405.00 within a period of ten days should not be declared to have been issued without any lawful authority and is of no legal effect. 2. The back ground leading to the issuance of the R..

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. ......fe suc­cumbed to injuries and that in the absence of proper explanation no person other than her husband, the accused-respondent, is responsible for the death of the victim which is the statement of law settled by this Court, but the High Court Division on a misconception of law shifted the onus up..

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. ......th and that the other respon­dents screened the assailant by helping him to disappear the evidence of death. 5. It is contended on behalf of the peti­tioner that the High Court Division erred in law in acquitting the accused-respon­dents of the charges despite the fact that the prosecution has..

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. ......he fundamental rights guaranteed under Articles 27 and 31 of the Constitution and why they should not be directed to discharge their legal duties to ensure compliance with the aforesaid provisions of law. It was further prayed that the respondents No.3, 4 and 5 be directed to provide cost of medical..

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. ......After recording the statement of the petitioner the learned Judge of the Tribunal ordered that the petition be treated as a First Information Report (FIR) and the case be start­ed in accordance with law and directed the OC of Motijheel Police Station to submit a report. The petitioner prayed before..

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 ......xure-G) setting-aside the judgment and decree dated 7-8-2008 (Annexure-D and 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, ..

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. ......ction under section 115 of the Code of Civil Procedure unless it can be shown that those are based upon misreading or non-consideration of evidence or founded on misconception or misapplication of law or on misinterpretation of any material document or otherwise perverse being contrary to eviden..

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