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Ms. Syeda Rizwana Hasan Vs. Bangladesh and others, 2010, 39 CLC (AD)
....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......e 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. Result......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..Category: Environmental Law | Date: 8 Nov, 2010 | Hits: 258
Shanik Chandra Barmon Vs. State and another, 2010, 39 CLC (HCD)
....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......6 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&..Category: Anti-Corruption Laws, Criminal Law | Date: 2 Nov, 2010 | Hits: 5
Redwan Ahmed Vs. Bangladesh, 2010, 39 CLC (HCD)
....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......Result: The Rule is discharged. Cases Referred to- Md. Nazimuddin Chairman Vs. Government of Bangladesh, 61 DLR 2009 81; 21 BLD (AD) 10; ACC Vs. Mohiuddin Khan Alamgir, 62 DLR (AD) 290 and 295; Habibur Rahman Mollah Vs. the State, 62 DLR (AD) 233; and Md. Nazimuddin Chairman Vs. Gover......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..Category: Anti-Corruption Laws | Date: 25 Oct, 2010 | Hits: 211
State Vs. Secretary, Ministry of Home Affairs (II), 2010, 39 CLC (HCD)
.... 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......nt: 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 25, 2010. Result: ......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 ..Category: Women and Children | Date: 25 Oct, 2010 | Hits: 141
British American Tobacco Bangladesh Company Ltd. Vs. Begum Shamsun Nahar, 2010, 39 CLC (AD)
.... 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......d............Petitioner Vs. Begum Shamsun Nahar.......................Respondent Judgment October 13, 2010. Result: The leave petition is dismissed. Words and phrases Sexual harassment in employment Sexual harassment in employment may be terme......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..Category: Women and Children | Date: 13 Oct, 2010 | Hits: 21
Deen Mohammad Vs. Bangladesh Bank and others, 2010, 39 CLC (HCD)
....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......l Original Jurisdiction) Present: Md. Anwarul Haque J Syed Abu Kowser Md. Dabirushshan J Deen Mohammad………………...................Petitioner Vs. Bangladesh Bank and others………………….Respondents Judgment October 12, 2010. Result: T......he 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, 1991 and/or such other or further order or orders passed as to this Court may seem fit and proper. 2. In short, the case of the p..Category: Banking Law | Date: 12 Oct, 2010 | Hits: 423
Ayub Ali Sheikh alias Buna Vs. State, 2010, 39 CLC (HCD)
....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......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 Yeasmin, Advocates-For the Appellants. Md. Mosharraf Hossain Sarder, Deputy Attorney-Ge......er section 28 of Nari-o-Shishu Nirjatan Daman Ain, 2000 (Ain) has been preferred by the Convict-Appellant namely Mr. Ayub Ali Sheikh @ Buna, challenging the legality and propriety of the judgment and order dated 18-2-2008 passed by the learned Judge Nari-o-Shishu Nirjatan Daman Tribunal, Rajbari in ..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)
....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...... ABM Khairul Haque CJ Md. Muzammel Hossain J SK Sinha J Kazi Mahmud J Nurul Majid Mahmood Humayun ....................Petitioner Vs. Brigadier General Hassan PSC (Rtd.) and others……Respondents Judgment October 7, 2010. Result: The lea......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 Division in Election Petition No.4 of 2009) Judg..Category: Civil Law, Election Law | Date: 7 Oct, 2010 | Hits: 8
Khurshed Alam Vs. Abul Kalam and others, 2010, 39 CLC (AD)
....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 ...... Syed Mahmud Hossain J Muhammad Imman Ali J Muhammad Mamtaz Uddin Ahmed J Md. Shamsul Huda J Khurshed Alam..............................Petitioner Vs. Abul Kalam and others………………………Respondents J......ucted 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, 2011 passed by the High Court Division in Civil Revision No. 2022 ..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)
....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......sh Limited, (formerly known as Sheba Telecom (Pvt) Limited)……………Petitioner Vs. National Board of Revenue, represented by its Chairman, Segunbagicha, Dhaka and others..........................Respondents Judgment October 7, 2010. Result: ......h under a valid license issued by Bangladesh Telecommunication Regulatory Commission and has duly obtained VAT registration from the national Board of Revenue as a Service Provider & Importer. In order to provide telecommunication services under its license the petitioner imports scratch cards, ..Category: Fiscal/Taxation Law | Date: 7 Oct, 2010 | Hits: 174
State Vs. Md. Sayab Ali, 2010, 39 CLC (AD)
....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......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 High Court Division in Death Reference No.125 of 2004 with C......rney 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 High Court Division in Death Reference No.125 of 2004 with Crimi..Category: Women and Children | Date: 7 Oct, 2010 | Hits: 126
Abul Kashem (Md.) Vs. Anti-Corruption Commission and others, 2010, 39 CLC (HCD)
....ements against, the complaint made against him of being owner of a wealth of hundreds of crore of Taka in the office of Respondent No.3 (Annexure-C) should not be declared to have been passed without lawful authority and is of no legal effect. 2. Briefly the facts necessary for disposal of the ......t Division (Special Original Jurisdiction) Present: Md. Ashfaqul Islam J SM Emdadul Hoque J Abul Kashem (Md.)............Petitioner Vs. Anti-Corruption Commission and others.....................Respondents Judgment October 5, 2010. Result: Th......own the procedures for inquiry wherein a time limit is given within the framework of which inquiry has to be completed and that being not complied with in the case of the petitioner the impugned order for inquiry dated 30-9-2009 (Annexure-C) is absolutely in violation of the said rules which sh..Category: Anti-Corruption Laws | Date: 5 Oct, 2010 | Hits: 182
State Vs. Tajul Sheikh @ Md. Tajul Shaikh and others, 2010, 39 CLC (HCD)
....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......airul Haque J Md. Muzammel Hossain J Surendra Kumar Sinha J The State...................................................................Petitioner Vs. Tajul Sheikh @ Md. Tajul Shaikh and others...................Respondents Order September 28, 2010. Result: Leave is gra...... 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 High Court Division in Criminal Appeal No.2005 of 2000.) Orde..Category: Criminal Law | Date: 28 Sep, 2010 | Hits: 15
Ain O Salish Kendra Vs. Bangladesh, 2010, 39 CLC (HCD)
....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...... ......n view of such stories regarding children toiling in the ‘bidi’ factories in Rangpur the petitioners, Ain O Salish Kendra (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, hygieni..Category: Women and Children | Date: 5 Sep, 2010 | Hits: 261
Hasura Begum Vs. Bangladesh and others, 2010, 39 CLC (HCD)
....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...... Hassan J Hasura Begum……………………Petitioner Vs. Bangladesh, represented by the Secretary, Ministry of Home Affairs, Government of the People's Republic of Bangladesh and others………………………Respondents Judgment August 24, 2010. Resu......man Tribunal being Petition Case No.46 of 2010 under section 7/9(1)/30 of the Nari-o-Shishu Nirjatan Daman Ain, 2000. 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 i..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)
....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, ......ed in: 65 DLR (HCD) (2013) 205 ......Bank refused to return personal guarantee and mortgaged property. 4. At one stage, in the course of trial, the petitioner tried to exclude their names from the case, whereupon the Adalat by order dated 22-4-2004 rejected their prayer. As against this, the petitioners moved Writ Petition No..Category: Banking Law | Date: 23 Aug, 2010 | Hits: 2
Abdur Rashid Gazi Vs. Nur Ali Gazi and others, 2010, 39 CLC (HCD)
....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...... ......2002 affirming the judgment and decree dated 5.3.2002 passed by the learned Assistant Judge, Kaligonj, Satkhira in Title Suit No.6 of 1999 should not be set 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 ..Category: Procedural Law | Date: 10 Aug, 2010 | Hits: 4
Ferdous Khan @ Alamgir Vs. Islami Bank Bangladesh Ltd. and another, 2010, 39 CLC (HCD)
....08, but both these cheques were dishonored on the same date i.e. on 26-2-2008, due to insufficiency of fund; that demand notice was served on 02-3-2008 at the business address of the accused by the lawyer of the bank, as required under section 138(1)(b) of the Act for payment of the amount due und......n) Present: Salma Masud Chowdhury J Md. Rezaul Hasan J Ferdous Khan @ Alamgir………………………......................Petitioner Vs. Islami Bank Bangladesh Ltd. and another………………………Opposite party Judgment August 1, 2010. Result......under section 138 and 140 of the Negotiable Instruments Act, now pending in the Court of Metropolitan Magistrate Amali Adalat No.4, Chittagong, should not be quashed and/or pass such other or further order or orders as to this Court may seem fit and proper. 2. The facts leading to filing of thi..Category: Banking Law | Date: 1 Aug, 2010 | Hits: 657
Rehana Begum and another Vs. State, 2010, 39 CLC (HCD)
....after the accused Rehana Begum hooked the door by putting a chain from outside. The accuseds raped his daughter Asma Khatun by force and to commit rape on her by force the accuseds had torn out the salawore and kamiz worn, at the time, by his daughter. Hearing the sound of resistance Abdul Jalil Mol......so Reported in: 16 MLR (HCD) (2011) 75; 30 BLD (HCD) (2010) 448. ......Md. Mosharraf Hossain Sarder, Deputy Attorney General with Ms. Yesmin Begum Bithi, Assistant Attorney General- For the respondent. Criminal Appeal No. 3870 of 2005. (From the Judgment and order dated 25.7.2005 passed by the judge, Nari-O-Shishu Nirjatan Daman tribunal, Natore in Nari-O-S..Category: Women and Children | Date: 1 Aug, 2010 | Hits: 227
Md. Zahirul Islam Vs. Adamjee Jute Mills Ltd., 2010, 39 CLC (HCD)
....hafiuddin, the learned Advocate submits that the cause of action for the suit arose firstly on 11.9.82 but the suit was filed on 6.7.1986 and in that view of the matter the suit was clearly barred by law of limitation but the Courts below having failed to appreciate this simple question of law and t......dgment July 20, 2010. Result: The Rule is made absolute. In a suit for causing losses or damages, the plaintiff is required to give specific instance of damages suffered by him and the exact loss caused to him for which the defendant is liable to be called upon to answer his d...... iii) Quality loss at Mills----------------Tk. 80,950.00 iv) Value of short receipt and quality----------------Tk. 98,189.37 3. It has been also stated that the defendant deliberately in order to misappropriate the money of plaintiff-Adamjee Jute Mills Corporation caused the aforesaid f..Category: Limitation Law | Date: 20 Jul, 2010 | Hits: 38
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