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State Vs. Secretary, Ministry of Home Affairs, 2010, 39 CLC (HCD)

.... us, a suo-motu Rule was issued calling upon the Secretary, Ministry of Home Affairs to show cause as to how children aged 7, 9 and 14 years are kept in custody in a prison and why they should not be ordered to be released forthwith. At the same time an explanation was sought from the Inspector Gene......e Madak Drobya Niyantran Ain, 1990. The GRO told him that none appeared to pray for their bail or to take the accused into their custody. He then tried to find out about the Probation Officer and Non-Governmental Safe Custody. But since it was the weekend holiday none was available. He verbally orde..

Category: Women and Children | Date: 1 Mar, 2010 | Hits: 177

Dr. Md. Nazimuddin and others Vs. Md. Abdur Rahman Siddique and others, 2010, 39 CLC (HCD)

....¦â€¦â€¦â€¦Petitioners Vs. Md. Abdur Rahman Siddique and others………………………….Opposite Parties Judgment February 25, 2010. Result: The leave granting order is made absolute. The Bankruptcy Act, 1997 (Act No. 10 of 1997); section 3 ......ower Court's record at once. Let a copy of the judgment be transmitted to the Courts concerned at their respective station. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 305. ..

Category: Civil Law | Date: 25 Feb, 2010 | Hits: 7

Ayrin Akhter Lypi Vs. Bahadur Khan and another, 2010, 39 CLC (HCD)

.... 339 of 2004. Judgment Afzal Hossain Ahmed J. - This Rule, at the instance of the informant, Ayrin Akhter Lypi, was issued calling upon the opposite parties to show cause as to why the impugned order dated 13.11.2003 passed by the Judge of the Nari-O-Shishu Nirjatan Daman Tribunal, Barisal in ......subject to consent of the trial Court and that the Court would exercise its function judicially before giving such consent which implies that the Court will have to examine the materials on which the Government decides withdrawal of a case from prosecution...................................(11) C..

Category: Women and Children | Date: 27 Jan, 2010 | Hits: 156

Mosammat Rehana Akhter Vs. Rizia Begum and others, 2010, 39 CLC (HCD)

....No.1702 of 2007. Judgment Faruque Ahmed J. - This rule at the instance of the pre-emptee petitioner was issued calling upon the opposite party No.1 to show cause as to why the impugned judgment and order dated 04.04.2007 passed by the learned Joint District Judge, 2nd Court, Chittagong in Miscella......L.C. Records. The order of stay granted at the time of issuance of the rule is hereby vacated. Send down the L.C. Records immediately. Ed. This Case is also Reported in: 31 BLD (HCD) (2011) 422. ..

Category: Property Law | Date: 13 Jan, 2010 | Hits: 56

Farida Begum Minu and others Vs. Abdul Jabbar being dead his heirs Md. Nurul Amin and others, 2010, 39 CLC (HCD)

....l No.149 of 2002 affirming those dated 31.01.2002 passed by the learned Joint District Judge, 2nd Court, Dhaka in Title Suit No.278 of 1993 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. Short facts of the case are as f......ed in their names. Plaintiff No.1 and his brother Abdul Karim transferred 23 decimals land from the plot No.138 to Intezam and others and they have been owning and possessing that land. Thereafter Government of Bangladesh acquired 89 decimal land from the plot No.138 by L.A. Case No.159/61-62 Aw..

Category: Property Law | Date: 6 Jan, 2010 | Hits: 8

Nuvista Pharma Limited Vs. Chairman, National Board of Revenue & ors, 2010, 39 CLC (AD)

.... Murad Reza, Additional Attorney General, instructed bv B. Hossain, Advocate-on-Record—For the Respon­dents. Civil Petition for Leave to Appeal No.2592 of 2010. (From the judgment and order dated 27.10.2010 passed by the High Court Division in Writ Petition No.4968 of 2007.) Ju......ake any step for payment of the said arrears VAT liability or did not prefer any appeal. It appears that audit has been conducted by the audi­tors of the Local and Revenue Audit Directorate of the Government based on records such as price declaration, monthly returns and Mushak Challan, copy of..

Category: Business or Commercial Law | Date: 4 Jan, 2010 | Hits: 4

Paresh Chandra Biswas Vs. Sree Sree Shashan Kalimata Idol and others, 2009, 38 CLC (HCD)

....been using the suit property as his personal property and that the suit was instituted after compliance of for malities. The learned Additional District Judge thereupon came to the conclusion that in order to protect the image of the deity and its property, a committee should be constituted from the...... Sree Sree Kalimata were in possession of the same and with a view to remove any complication in future regarding the deity's title, the shebaits of the kalimata took pattan of the lands from the Government. The recitals in the deed clearly disclosed that the deity is a public debuttor which is ..

Category: Others, Property Law | Date: 16 Dec, 2009 | Hits: 94

Nirmal Chandra Shaha Vs. The State and others, 2009, 38 CLC (HCD)

....Appeal No.6036 of 2009. Judgment Md. Imman Ali J.- This appeal arises out of an application filed by the father of Kanamika @ Kona Shaha for her custody, which was rejected by the impugned order dated 6.07.2009 passed by the learned Judge of the Nari-o-Shishu Nirjatan Daman Tribunal, Laxm......liance to the Registrar of this Court. With the above directions and observations, the appeal is allowed. Naima Haider J. - I agree. This Case is also Reported in: 30 BLD (HCD) (2010) 584. ..

Category: Women and Children | Date: 14 Dec, 2009 | Hits: 150

Government of Bangladesh Vs. Syed Md. Belayet Hossain, 2009, 38 CLC (HCD)

.... the petitioners.       Syed Mahbubar Rahman, Advocate-on-Record-For the Respondent.  Civil Petition for Leave to Appeal No.1889 of 2009. (From the judgment and order dated 11.08.2009 passed by the High Court Division in Writ Petition No.9788 of 2007). Order......rted in: 15 MLR (AD) (2010) 512. ..

Category: Employment/Service Law | Date: 10 Dec, 2009 | Hits: 159

Md. Saiful Islam and others Vs. State and another, 2009, 38 CLC (HCD)

....nder section 200 of the Code of Criminal Procedure. On the same date the Tribunal took cognizance of offence against the accused-petitioner and issued warrant of arrest against him by the impugned order dated 19.06.2002 under section 17(1) of Nari-O-Shishu Nirjatan Daman Ain, 2000. The learned T...... 2000 pending in the Nari-O-Shishu Nirjatan Daman Tribunal, Sirajgonj is hereby quashed. Communicate the order at once. Ed. This Case is also Reported in: 15 MLR (HCD) (2010) 420. ..

Category: Women and Children | Date: 8 Dec, 2009 | Hits: 14

Rezaul Kabir (Md.) and another Vs. Bangladesh and others, 2009, 38 CLC (HCD)

.... November 22, 2009. Result: The Rules are made absolute. Prior Show Cause Notice With Adequate Explanation It is fundamental principle of administra­tive law that before any order is passed which is likely to adversely affect a person it is essential that he be given a reas......s 'irregularities' in the appointments of more than 100 people of Barisal City Corporation . Thereafter the Respondent No. 2, Senior Assistant Secretary (Poura), Section- 1, Ministry of Local Government, Rural Development and Co-opera­tives, Local Government Division by Memo dated 4-10-2..

Category: Administrative Law, Employment/Service Law | Date: 22 Nov, 2009 | Hits: 3

Human Right and Peace for Bangladesh (HRPB) and another Vs. The Mayor, Dhaka City Corporation and others, 2009, 38 CLC (HCD)

......Petitioner. Vs. The Mayor, Dhaka City Corporation and other.....................Respondents. Judgment November 17, 2009. Result: The Rule is made absolute without any order as to costs. Lawyers Involved: Md. Manzill Murshid, Advocate - For the Petitioner. ...... we have gone through the provision laid down in section 125 of the Dhaka City Corporation Ordinance, 1983 which is quoted below :- “125. (1) The Corporation may and if so required be the Government shall, provide suitable places for the burial and burning of the dead, and shall take ne..

Category: Constitutional Law | Date: 17 Nov, 2009 | Hits: 6

Md. Jubayer Vs. State and others, 2009, 38 CLC (HCD)

....arties Judgment November 09, 2009. Result: The Rule is made absolute. The Negotiable Instruments Act, 1881 (Act No. XXVI of 1881); sections 138 & 141 In order to make person liable under section 138, the payee of the cheque has to give a notice in wri......€¦â€¦â€¦â€¦â€¦..(21) Cases Referred to- Kanchana Kamalnathan Vs. Nagaraj, (1996) 84 Company Cases 959 Mad.; State Vs. Moyezuddin Sikder and others, 60 DLR (AD) 82; Mujibur Rahman (Md) Vs. Government of Bangladesh and others, 44 DLR (AD) 111; Zafar-ul-Ahsan Vs. The Republic of Pakistan, P..

Category: Criminal Law | Date: 9 Nov, 2009 | Hits: 128

Zahirul Islam & others Vs. Government of Bangladesh others, 2009, 38 CLC (HCD)

....uth Road by starting LA Case Nos.8/65-66 through the ADC (LA) Dhaka. Subsequently the aforesaid 2.19 acre of land was de-requisitioned by notice dated 24th April 1968. 5. The land covered by the order of derequisi­tion as well as of 4 DP Khatians as mentioned above were wrongly recorded in ...... Present: Md. Ashfaqul Islam J Md. Moinul Islam Chowdhury J Zahirul Islam & others………………………Petitioners Vs. Government of Bangladesh others................Respondents Judgment October 28, 2009. ..

Category: Property Law, Tenancy Law | Date: 28 Oct, 2009 | Hits: 5

Dr. Mir Jamal Uddin and others Vs. Dr. Nawzesh Farid and others, 2009, 38 CLC (AD)

....epresented-Respondent Nos.1-2, 5-6, 8-11. (In Civil Petition No.1225 of 2009) Civil Petition For Leave To Appeal Nos.1158-1162 and 1172, 1177, 1183 and 1225 of 2009. (From the Judgment and order dated 23.07.2008 passed by the High Court Division in Writ Petition Nos.2094, 2396, 3365, 361,...... of Professors, Associate Professors and Assistant Professors in different disciplines in various Medical Colleges, Hospitals and Institutes under the Ministry of Health, Family Planning and Welfare, Government of Bangladesh. In the said notification, PSC specifically stated the number of posts to b..

Category: Employment/Service Law | Date: 14 Oct, 2009 | Hits: 118

Md. Rezaul Kabir Vs. State and another, 2009, 38 CLC (HCD)

....de read with Section 5(2) of the Prevention of Corruption Act, 1947, now pending in the Court of Special Judge and Sessions Judge, Mymensingh should not be quashed and/or passed such other or further order or orders as to this Court may seem fit and proper. 2. Facts necessary for disposal of th......amount of Tk. 15,500/- from the possession of the said Upazila Nirbahi Officer on searching his body for which he could not give any satisfactory answer. The said Upazila Nirbahi Officer being a high Government Official received the said amount of money, as bribe, and thereby-committed an offence pu..

Category: Anti-Corruption Laws | Date: 11 Oct, 2009 | Hits: 10

Md. Mainul Haque Bhuyan Vs. Md. Akkas Miah, 2009, 38 CLC (HCD)

.... Md. Delwar Hossain J.- This Rule upon an application under section 115(1) of the Code of Civil Procedure was issued calling upon the opposite party to show cause as to why the impugned judgment and order dated 11.4.2007 passed by the learned Joint District Judge, Fifth Court, Dhaka in Miscellaneou...... Order. Let a copy of the judgment be sent to the Assistant Judge, Second Court and House Rent Controller, Dhaka at once. Ed. This Case is also Reported in: 14 MLR (HCD) (2009) 425. ..

Category: Tenancy Law | Date: 6 Oct, 2009 | Hits: 127

Abdul Latif alias Kahinur alias Kahin and other Vs. State, 2009, 38 CLC (HCD)

....am Siddique, Assistant Attorney-General - For the Respondent.  Criminal Appeal No.1944 of 2002. Judgment Salma Masud Chowdhury J.- This appeal is directed against the judgment and order dated 17-6-2002 passed by the Nari-o-Shishu Nirjatan Daman, Bishesh Adalat No.3, Naogaon in Na......ection with any other case. Send down the lower Court records and a copy of the judgment and order to the Court concerned. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 245. ..

Category: Women and Children | Date: 6 Oct, 2009 | Hits: 116

State Vs. Secretary, Ministry of Law, Justice & Parliamentary Affairs and others, 2009, 38 CLC (HCD)

....tting treatment for her from a local clinic, took her for better treatment to the Osmani Medical College Hospital, Sylhet and, thereafter, took her to the Osmani Nagar Police Station on 27.03.2009 in order to lodge a First Information Report (F.I.R.). Police, after recording the case, sent the girl ......hu Nirjatan Daman Tribunal, Sirajgonj in Nari-o-Shishu Case No.764 of 2006; State Vs. Metropolitan Police Commissioner, 60 DLR 660; State Vs. Md. Roushan Mondal @ Hashem, 59 DLR 72; Fahima Nasrin Vs. Government of Bangladesh and others, 61 DLR 232. Lawyers Involved: Dr. Naim Ahmed, Advocate-F..

Category: Women and Children | Date: 3 Sep, 2009 | Hits: 198

Tobarak Ali Bepari Vs. Hachen Kha Being Dead His Heirs 1(A) Razzak Kha and others, 2009, 38 CLC (HCD)

.... The Rule was issued at the instance of the pre-emptee on the following terms: "Let the records be called for and a Rule issue calling upon the opposite parties to show cause as to why the order dated 31.1.1976 passed by the learned District Judge, Faridpur in Misc. Appeal No.138 of 1975......tion money along with the compensation, so deposited by the pre-emptor. Send down the lower Courts records immediately. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 318. ..

Category: Property Law | Date: 25 Aug, 2009 | Hits: 3