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Mahbub Ahmed Chowdhury Vs. Chief Election Commissioner and others, 2011, 40 CLC (AD)
....ention of the makers of the Constitution. Vide 41 DLR (AD) 165…………………(26) In Oxford's Advanced Learners Dictionary the word 'amendment' means a change or improvement that is made to a law or a document; the process of changing a law or a document. In KJ Aiyar's Judicial Di......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. ......he existing provisions of a statute . . . a law is amended when it is in whole or in part permitted to remain and something is added to, or taken from it, or it is in some way changed or altered in order to make it more complete or perfect or effective . . . an amendment is not the same as a repe......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. ..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)
....icate of title in favour of the decree holder-bank under section 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 plaint......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: ...... Writ Petition No. 8197 of 2010 Judgment Md. Ruhul Quddus J.- This Rule Nisi, at the instance of a legal heir of a judgment debtor in a mortgage decree, was issued calling in question orders dated 1.7.2009 and 6.9.2009 passed by the Artha Rin Adalat, Faridpur in Artha Rin Execution C......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)
....………………………………Petitioner Vs. The Judge, Artha Rin Adalat, Khulna and another………....Respondents Judgment January 19, 2011. Result The Rule is made absolute. Lawyers Involved: Abul Kalam Mainuddin, with Ms. Rehana Akhtar, Advocates......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: ......For the Respondent. Writ Petition No. 4236 of 2009. Judgment Md. Ruhul Quddus J. - This Rule, at the instance of a judgment-debtor in a mortgage decree, was issued calling in question order dated 12.11.2007 passed by the Judge, Artha Rin Adalat, Khulna in Artha Rin Execution Case No.......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)
....prisonment for two years more each. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 141.......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.......me 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 all the above named 5 accused persons inc......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)
....punishment of children, whether by parents or schools. ...... 63 DLR (2011) 643. An international organisation set up in 2001 to campaign for worldwide prohibition by law of all corporal punishment of children, whether by parents or schools. ......mercilessly beaten for laughing at another girl who had dropped her bag. This occurrence took place in a school in Demra, Dhaka not far from these Court premises. On the same day this Court passed an order directing the respondents No.1 to 7 to initiate immediate action to investigate the incident w...... 63 DLR (2011) 643. An international organisation set up in 2001 to campaign for worldwide prohibition by law of all corporal 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-Prisoners Judgment January 11, 2011. Cases Referred to- Dilawar Singh Vs. State of Delhi, AIR 2007 (SC) 3234 and Thulia Kali Vs. The State of Tamil Nadu, AIR 1973 (SC), 501; State of Maharashtra Vs. Raju Bhaskar Potphode, (2007) 11 Supreme Court Cas...... 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. ......arly when such statements are full of embellishment and contradictions, without corroboration in material particulars by reliable testimony, direct or circumstantial. Consequently, we set aside the order of conviction and sentence passed against the appellant and give him benefit of doubt. He st...... 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
....15) 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.
......
Md. Aftab Hossain, Advocate-on-Record—For the Respondent No. 2.
None Represented—For the Respondent Nos. 1 & 3-7.
Civil Appeal No. 237 of 2002
(From the judgment and order dated 4-6-2000 passed by the High Division in PMA No.95 of 1990)
Judgment
Md. Muzamm......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.
..
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)
.... 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. ......sioner of Taxes, Company Circle No.7, Zone-3, Dhaka has assessed taxes of the petitioner from 1996-97 up to 2006-2007 against which appeal was filed before the Tax Appellate Tribunal which upheld the order of the Respondent No.2 and the petitioner by reference moved the High Court Division against t......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)
.... (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: The ...... Accordingly, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 171 ...... 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; but the order cannot be withdrawn or rescinded once it has tak...... 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)
....all Causes Court Suit No.6 of 1996. 2. The facts of the case, in brief, are that the appellants as plaintiffs filed SCC Suit No.4 of 1995 in the Court of Assistant Judge and SCC Judge, Faridpur Sadar against the respondents as defendants for a decree for ejectment. Subsequently, the case w......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. ....... Md. Aftab Hossain, Advocate-on-Record—For the Respondent Nos.2 & 3. None Represented—For the Respondent No.1. Civil Appeal No.271 of 2002. (From the judgment and order dated 20.08.2000 passed by the High Court Division in Civil Revision No.2948 of 1999). Ju......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. ..Category: Property Law, Tenancy Law | Date: 8 Dec, 2010 | Hits: 12
Syed Wahid Iqbal Vs. Bangladesh, 2010, 39 CLC (AD)
....Division (Civil) Present: ABM Khairul Haque CJ Md. Muzammel Hossain J SK Sinha J Syed Wahid Iqbal.................................Petitioner Vs. Bangladesh, represented by the Secretary, Ministry of Local Government, Rural Development and Co-operati......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. ......yan, Advocate-on-Record—For the Respondent No.6. None Represented—For the Respondent Nos.1-5 & 7-9. Civil Petition for Leave to Appeal No.560 of 2010. (From the judgment and order dated 06.10.2009 passed by the High Court Division in Writ Petition No.5277 of 2008) Jud......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)
....d in: 16 BLC (HCD) (2011) 206. ...... to Bangladesh and surrendered before the High Court Division for anticipatory bail in Criminal Miscellaneous No.13898 of 2008 on 18-8-2008. A Division Bench of the High Court Division granted her ad-interim anticipatory bail for a period of 6(six) months. Be that as it may, she could not obtain the......08. A Division Bench of the High Court Division granted her ad-interim anticipatory bail for a period of 6(six) months. Be that as it may, she could not obtain the certified copy of the bail-granting order and, as such, she could not furnish bail bond before the 3rd Court of the Special Judge, Dhaka......s of the case, so far as it relates to her………………………(31) After submission of police report in a case, there is no scope for granting anticipatory or pre-arrest bail as has been held in the case of the State Vs. Abdul Wahab Shah Chowd..Category: Anti-Corruption Laws | Date: 1 Dec, 2010 | Hits: 189
....
Vs.
The Commissioner of Customs, Excise and VAT Rajshahi and others........Respondents
Judgment
November 11, 2010.
Result:
The rule in Writ Petition No. 8681 of 2010 is made absolute.
The rule in Writ Petition No.7367 of 2010 is disposed of.
Whether Wrong Decl......shy;out lawful authority and is of no legal effect and that why they should not be directed to release the said lentils. In the said writ petition, at the time of issuance of rule on 26-8-2010, an ad-interim order was passed by this court directing the Deputy Commissioner, Customs, Excise and Vat, H......lawful authority and is of no legal effect and that why they should not be directed to release the said lentils. In the said writ petition, at the time of issuance of rule on 26-8-2010, an ad-interim order was passed by this court directing the Deputy Commissioner, Customs, Excise and Vat, Hilli Cus......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
..
Category: Fiscal/Taxation Law | Date: 11 Nov, 2010 | Hits: 3
....
Vs.
The Commissioner of Customs, Excise and VAT Rajshahi and others........Respondents
Judgment
November 11, 2010.
Result:
The rule in Writ Petition No. 8681 of 2010 is made absolute.
The rule in Writ Petition No.7367 of 2010 is disposed of.
Whether Wrong Decl......shy;out lawful authority and is of no legal effect and that why they should not be directed to release the said lentils. In the said writ petition, at the time of issuance of rule on 26-8-2010, an ad-interim order was passed by this court directing the Deputy Commissioner, Customs, Excise and Vat, H......lawful authority and is of no legal effect and that why they should not be directed to release the said lentils. In the said writ petition, at the time of issuance of rule on 26-8-2010, an ad-interim order was passed by this court directing the Deputy Commissioner, Customs, Excise and Vat, Hilli Cus......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
..
Category: Fiscal/Taxation Law | Date: 11 Nov, 2010 | Hits: 5
Fatema Begum Vs. The Artha Rin Adalat, Narayangonj and others, 2010, 39 CLC (HCD)
.... and others….............. Respondents Judgment 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 Shahjad...... 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: ......t No. 2. M.A. Samad with M.G.H. Ruhullah, Advocate-For Respondent No.4. Writ Petition No.6819 of 2010. Judgment Md. Ruhul Quddus J. - This Rule Nisi was issued to examine the validity of order No.76 dated 10.3.2010 (annexe-C to the writ petition) passed by the Artha Rin Adalat, Narayang...... 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: ..Category: Banking Law | Date: 11 Nov, 2010 | Hits: 14
Ms. Syeda Rizwana Hasan Vs. Bangladesh and others, 2010, 39 CLC (AD)
....pellate Division (Civil) Present: ABM Khairul Haque CJ Md. Muzammel Hossain J Surendra Kumar Sinha J Ms. Syeda Rizwana Hasan...............................Appellant Vs. Bangladesh and others...................................Respondents Judgment November 8, 2010. ......here is a tendency of filing petitions in the nature of PIL and the High Court Division has been entertaining such petitions without satisfying the criteria for entertaining such petitions and making interim orders preventing the Government or the local authority in undertaking development works o......ocate, instructed by Md. Zahirul Islam, Advocate-on-Record—For Respondent Nos.5-7 (as added respondent). Ex-prate-For Respondent No.3. Civil Appeal No.200 of 2004. (From the judgment and order dated 17.2.2004 passed by the High Court Division in Writ Petition No.948 of 1997.) Judgmen......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. ..Category: Environmental Law | Date: 8 Nov, 2010 | Hits: 258
Shanik Chandra Barmon Vs. State and another, 2010, 39 CLC (HCD)
.... State and another……………………….......................Opposite-Parties Judgment November 2, 2010. Result: The Rule is made absolute. Lawyers Involved: None appears—For the Petitioner. Abdur Re......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 ......use as to why the proceedings of CR Case No.54 of 2008 under section 408 of the Penal Code, now pending in the Court of Senior Judicial Magistrate, Nilphamari, should not be quashed or any other order passed as this Court may deem fit and proper. 2. By the same Rule issuing order, all pro&......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 ..Category: Anti-Corruption Laws, Criminal Law | Date: 2 Nov, 2010 | Hits: 5
Redwan Ahmed Vs. Bangladesh, 2010, 39 CLC (HCD)
.... Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 70. ......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. ......Special Judge, Dhaka. 24. We, therefore, hold that this writ petition does not merit any substance which should be discharged outright. 25. In the result, the Rule is discharged without any order as to cost. However, during trial the petitioner shall continue on bail already granted to him......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. ..Category: Anti-Corruption Laws | Date: 25 Oct, 2010 | Hits: 211
State Vs. Secretary, Ministry of Home Affairs (II), 2010, 39 CLC (HCD)
....Jurisdiction) Present: Md. Imman Ali J Obaidul Hassan J The State.....................................Petitioner Vs. The Secretary, Ministry of Home Affairs, Bangladesh Secretariat, Dhaka and others ......................Respondents Judgment October ...... 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. ......d on that date directing the Secretary, Ministry of Home Affairs and the Inspector General of Prisons to report to this Court within two weeks specifying where the 145 children were being held and by order of what authority they were being so held. The Secretary, Ministry of Social Welfare was also ...... 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. ..Category: Women and Children | Date: 25 Oct, 2010 | Hits: 141
British American Tobacco Bangladesh Company Ltd. Vs. Begum Shamsun Nahar, 2010, 39 CLC (AD)
....(AD) (2014) 80. ......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. ......d Jamiruddin Sircar, Senior Advocate, instructed by Md. Aftab Hossain, Advocate-on-Record—For the Respondent. Civil Petition for Leave to Appeal Nos.2410 of 2009. (From the judgment and order dated 19-8-2008 passed by the High Com Division in Civil Revision No.3544 of 2005) Judgm......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. ..Category: Women and Children | Date: 13 Oct, 2010 | Hits: 21
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