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.....2 with the copy of the said ad-interim order and prayed for release of the goods as per direction of this court. However, the respondent No.2 having not released the goods, the petitioner filed contempt petition being No. 277 of 2010 before this court, but the same was not pressed. The petitio...... 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
......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
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. ......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
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. ......nnayan Kendra at Jessore which is not far away from those jails. If it was felt necessary to remand the children in custody, then they should have been sent to the KUK, Phulerhat, Jessoe. The learned Judges involved in those cases are hereby directed to consider, first of all, whether the children a..Category: Women and Children | Date: 25 Oct, 2010 | Hits: 141
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. ......rt moved this Court with this civil revision application and obtained the instant Rule. 10. Mr. Harendra Nath Nondy, the learned Advocate appearing for the petitioner submits that the learned Judges of the Courts below without assessing the evidence on record in accordance with law decreed ..Category: Procedural Law | Date: 10 Aug, 2010 | Hits: 4
AL-Arafah Islami Bank Limited Vs. M/S. Nobel Enterprise, 2010, 39 CLC (HCD)
....on Case No. of 2004 within four months from the date of receipt of this order. Office is directed to send down the record at once. Ed. This Case is also Reported in: 15 MLR (HCD) (2010) 351. ......ruptcy Court, Dhaka rejecting Civil Revision No.393 of 2004 and affirming those of dated 19-08-2004 and 23-08-2004 passed by learned Joint District Judge, third Court, Dhaka, rejecting an application for dismissing Money Execution Case No.01 of 2004 as not maintainable and to return the case record ......on Case No. of 2004 within four months from the date of receipt of this order. Office is directed to send down the record at once. Ed. This Case is also Reported in: 15 MLR (HCD) (2010) 351. ......s in the case of any order of transfer, either retry it or proceed from the point at which it was transferred or withdrawn. (3) For the purposes of this section, Courts of Additional and Assistant Judges shall be deemed to be subordinate to the District Court. (4) The Court trying any suit tra..Category: Procedural Law | Date: 12 Jul, 2010 | Hits: 28
Nazma Sarwar and others Vs. Government of Bangladesh and others, 2010, 39 CLC (HCD)
....ot entitled to obtain a judicial order defying the process of the Court. Besides, the learned Advocates who move applications for the fugitives shall also have to face the consequence of committing contempt of Court. This principle is being followed for over 60 years in this sub-continent. Referen......y of home Affairs, Bangladesh Secretariat, Ramna Dhaka and others...................Respondents Judgment May 6, 2010. Result: The Rule is discharged. Surrender before the court and fugitive from justice The principle of criminal jurisprudence is that the p......opy of this judgment be transmitted to the Court concerned at once. SM Emdadul Hoque J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 359; 17 MLR (HCD) (2012) 412. ......date he moved the writ petition. He was away from the country and craved permission of the Court to affirm affidavit on his behalf by one HBM Shoave Rahman. The permission was given and the learned Judges issued Rule Nisi as above. It is now settled that a fugitive from Justice is not entitled to ..Category: Procedural Law | Date: 6 May, 2010 | Hits: 109
Abdur Rouf Chowdhury (Md.) Vs. Mirza Shahabuddin Ispahani and others, 2010, 39 CLC (HCD)
..... 44. In the result, the appeal is dismissed. Send down the lower Court record. Communicate this order at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 323. ......nce came into existence some time after the disposal of the suit, the appellate Court would be justified in admitting the additional evidence even at the appellate stage, if the Court thinks that but for the additional evidence there would remain some inherent lacuna and defect in the evidence made ....... 44. In the result, the appeal is dismissed. Send down the lower Court record. Communicate this order at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 323. ......an be said to be altered by substitution of a new case altogether by reason of the amendment prayed for. Whatever changes were sought to be made were changes in form and not in substance. The learned Judges were not justified in rejecting the prayer for amendment of the application upon the view the..Category: Procedural Law | Date: 10 Mar, 2010 | Hits: 13
Sheikh Hasina Vs. Bangladesh & others, 2010, 39 CLC (HCD)
.... than the Founding Father of this Nation, in the FIR, the informants demonstrated highest and inexpiable audacity and disparagement, reflective of vicious reprehensibility, haughtiness, scornfulness, contempt and reprobation, leading us to infer that they were prompted by ill nurtured malice aforeth......ungipara, District-Gopalganj, Presently at Sudha Sadan, House No.54, Road No.5, Dhanmondi Residential Area, Dhaka.....................Petitioner Vs. Bangladesh, represented by the Secretary for Ministry, Cabinet Division, Government of the People’s Republic of Bangladesh, Bangladesh ......ption Act 1947, is set aside, so far as the same relates to the instant Petitioner only. There is no order on cost. Borhanuddin J. - I agree. Ed. This Case is also Reported in: ......ption Act 1947, is set aside, so far as the same relates to the instant Petitioner only. There is no order on cost. Borhanuddin J. - I agree. Ed. This Case is also Reported in: ..Category: Anti-Corruption Laws | Date: 4 Mar, 2010 | Hits: 102
Sheikh Hasina Vs. Bangladesh and others, 2010, 39 CLC (HCD)
.... than the Founding Father of this Nation, in the FIR, the informants demonstrated highest and inexpiable audacity and disparagement, reflective of vicious reprehensibility, haughtiness, scornfulness, contempt and reprobation, leading us to infer that they were prompted by ill nurtured malice aforeth......nd Upazilla: Tungipara, District-Gopalganj, Presently at Sudha Sadan, House No.54, Road No.5, Dhanmondi Residential Area, Dhaka...... Petitioner Vs. Bangladesh, represented by the Secretary for Ministry, Cabinet Division, Government of the People’s Republic of Bangladesh, Bangladesh ......uption Act 1947, is set aside, so far as the same relates to the instant Petitioner only. There is no order on cost. Borhanuddin J. - I agree. Ed. This Case is also Reported in: ......uption Act 1947, is set aside, so far as the same relates to the instant Petitioner only. There is no order on cost. Borhanuddin J. - I agree. Ed. This Case is also Reported in: ..Category: Anti-Corruption Laws | Date: 4 Mar, 2010 | Hits: 131
Paresh Chandra Biswas Vs. Sree Sree Shashan Kalimata Idol and others, 2009, 38 CLC (HCD)
....he result, the appeal is dismissed with costs. The connected Rule is discharged. Send down the lower Court records at once. Ed. This Case is also Reported in:61 DLR (HCD) (2009) 679. ......e deity on earth and is endowed with authority to deal with all its temporal affairs. In a Hindu religious endowment, the entire ownership of the dedicated property vests in the trustee, who holds it for the benefit of Cestui Que trust. The entire ownership of the dedicated property is transferred t......he result, the appeal is dismissed with costs. The connected Rule is discharged. Send down the lower Court records at once. Ed. This Case is also Reported in:61 DLR (HCD) (2009) 679. ......he result, the appeal is dismissed with costs. The connected Rule is discharged. Send down the lower Court records at once. Ed. This Case is also Reported in:61 DLR (HCD) (2009) 679. ..Category: Others, Property Law | Date: 16 Dec, 2009 | Hits: 94
State Vs. Secretary, Ministry of Law, Justice & Parliamentary Affairs and others, 2009, 38 CLC (HCD)
.... judgment is circulated to all Judicial Officers in the service of the Republic. Md. Fazlur Rahman J. - I agree. This Case is also Reported in: 30 BLD (HCD) (2010) 369; 15 MLR (HCD)(2010) 59. ......, 1974 and section 14(1) of the Nari-o-Shishu Nirjatan Daman Ain, 2000] was allegedly raped by her neighbour and distant relative [identity withheld]. The parents of the girl, after getting treatment for her from a local clinic, took her for better treatment to the Osmani Medical College Hospital, S...... judgment is circulated to all Judicial Officers in the service of the Republic. Md. Fazlur Rahman J. - I agree. This Case is also Reported in: 30 BLD (HCD) (2010) 369; 15 MLR (HCD)(2010) 59. ......munity leaders and local government officials must be aware and sensitised to the needs of children in contact with the law. 2. Initial training and all subsequent refreshers training/courses for Judges, Judicial Magistrates and Executive Magistrates should include the concept and practice of Ju..Category: Women and Children | Date: 3 Sep, 2009 | Hits: 198
State Vs. Anjali Debi alias Monju Debi, 2009, 38 CLC (HCD)
....ent to Begum Amirun Nesa, the then Judge of Nari-o-Shishu Nirjatan Daman Tribunal, Pabna, immediately at her present posting. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 738. ......section 6(1) would be complete when the victim is totally under control of the accused. Unless the victim be totally under the control of the perpetrator or till that stage comes, no one could gather for what purpose the victim was taken by the perpetrator. And total control could not be seen unless......ent to Begum Amirun Nesa, the then Judge of Nari-o-Shishu Nirjatan Daman Tribunal, Pabna, immediately at her present posting. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 738. ......r career, and there are suggestions that she is insane, such a woman has been sentenced to death, although the Judge has an option to award a lesser sentence i.e. a sentence of imprisonment for life. Judges are sitting for doing justice, not for passing sentence of death. Death sentence is a se..Category: Women and Children | Date: 5 May, 2009 | Hits: 75
Dr. M. A. Yahia Vs. Md. Abdul Quader and others, 2009, 38 CLC (AD)
....therefore, no substance, in the leave petition and the same is dismissed accordingly. Ed. Case is also Reported in: 14 MLR (AD) (2009) 235; 29 BLD (AD) (2009) 59; 14 BLC (AD) (2009) 109. ......n-Record-For Respondent No. 4. A. Y. Moshiuzzaman, Advocate, instructed by Md. Nawab Ali, Advocate-on-Record-Respondent Nos. 1-2. Not represented-Respondent Nos. 3, 5-7. Civil Petition for Leave Appeal No. 1460 of 2008. (From the judgment and order dated 13.07.2008 passed by the ......therefore, no substance, in the leave petition and the same is dismissed accordingly. Ed. Case is also Reported in: 14 MLR (AD) (2009) 235; 29 BLD (AD) (2009) 59; 14 BLC (AD) (2009) 109. ......ion of condition No.3 of the lease deed dated 22.02.1982 and violation of conditions at F and J of the deed of partition executed on 05.05.1985 amongst four allottees. 5. The learned Judges of the High Court Division upon hearing the parties made the Rule absolute vide judgment and ..Category: Property Law | Date: 15 Apr, 2009 | Hits: 36
Fahima Nasrin Vs. Government of Bangladesh and others, 2009, 38 CLC (HCD)
....the Judiciary. Let the lower Court records be transmitted at once along with a copy of this judgment. Sheikh Abdul Awal J. - I agree. This Case is also Reported in: 61 DLR (HCD) (2009) 232. ......iae. Writ Petition No. 3646 of 2008. Judgment Md. Imman Ali J.- This application was filed by a learned member of the Supreme Court Bar under Article 102(2)(a)(i) of the Constitution in the form of a public interest litigation. Upon hearing the petitioner, Rule Nisi was issued calling upon......the Judiciary. Let the lower Court records be transmitted at once along with a copy of this judgment. Sheikh Abdul Awal J. - I agree. This Case is also Reported in: 61 DLR (HCD) (2009) 232. ......ned there without lawful authority. 5. The petitioner pointed out that there have been serious violations of the provisions of the Act by the police who apprehended the accused and by the learned Judges who dealt with him during the course of trial. She added that it is evident from the charge s..Category: Women and Children | Date: 11 Feb, 2009 | Hits: 189
Sontosh Kumar Shaha Vs. Government of Bangladesh and others, 2009, 38 CLC (HCD)
....s judgment at their end. 72. However, there shall be no order as to costs. Ed. This Case is also Reported in: 29 BLD (HCD) (2009) 301. ......fficial gazette, by implementing the order of withdrawal of suspension of the petitioner dated 26.4.2003 (Annexure-J) along with Memo No.218 dated 26.4.2004 (Annexure N-(9) by placing the same before the General Administration Committee (G.A. Committee) as per rule 3(d)(16) of the High Court Di......s judgment at their end. 72. However, there shall be no order as to costs. Ed. This Case is also Reported in: 29 BLD (HCD) (2009) 301. ......on Rules provides as follows; High Court Division Rules: Part-1, Chapter-1: "Rules-3: The General Administration Committee shall have power, generally without reference to all the Judges- (a) to dispose of all c..Category: Administrative Law, Constitutional Law | Date: 5 Feb, 2009 | Hits: 2
Dr. Shipra Chaudhury and another Vs. Government of Bangladesh and others, 2009, 38 CLC (HCD)
....rity and in an unlawful manner. 38. There is no order as to costs. I Agree Quamrul Islam Siddiqui J. Ed. This Case is also Reported in: 29 BLD (HCD) (2009) 183. ......respondents to show cause as to why Dr. Humayra Abedin alias Dorothy, daughter of Mohammad Joynal Abedin, now being detained in the custody of respondent Nos.1 and 2 should not be brought before this Court so that it may satisfy itself that she is not being held in custody without lawful a......rity and in an unlawful manner. 38. There is no order as to costs. I Agree Quamrul Islam Siddiqui J. Ed. This Case is also Reported in: 29 BLD (HCD) (2009) 183. ......rity and in an unlawful manner. 38. There is no order as to costs. I Agree Quamrul Islam Siddiqui J. Ed. This Case is also Reported in: 29 BLD (HCD) (2009) 183. ..Category: Women and Children | Date: 19 Jan, 2009 | Hits: 10
Idrisur Rahman (Md) Vs. Bangladesh, 2008, 37 CLC (HCD)
....e involves substantial questions of law as to the interpretation of the Constitution, which may be decided by the Appellate Division. Ed. This Case is also Reported in: 60 DLR (2008) 714. ......nce should not be declared to be void being ultra vires of Articles 7, 22, 94, 111 and 112 of the Constitution. 2. The Hon'ble Chief Justice by his order dated 18-6-08 constituted this Bench for hearing and disposal of the Rule. On 30-6-2008 when the Rule came up for hearing/ we issued a no......e involves substantial questions of law as to the interpretation of the Constitution, which may be decided by the Appellate Division. Ed. This Case is also Reported in: 60 DLR (2008) 714. ......ntemplated under Order XXVIIA of the Code of Civil Procedure to the Attorney-General to appear and assist the Court in the interpretation of relevant provisions of the Constitution for Appointment of Judges in the Supreme Court of Bangladesh. 3. We also requested Senior Advocates Mr. Shafique A..Category: Constitutional Law | Date: 7 Aug, 2008 | Hits: 236
Ahmed Hossain (Md.) and others Vs. Nasima Khatun and another, 2008, 37 CLC (HCD)
..... Accordingly, the accused appellants are discharged from the charge. Office is directed to communicate the order at once. Ed. This Case is also Reported in: 13 BLC (HCD) (2008) 828. ...... June 18, 2008. Result: The appeal is allowed. Cases Referred to- Managing Director, Rupali Bank Vs. Tafazal Hossain, 44 DLR (AD) 260; Wolverhampton New Waterworks Co. Vs. Hawkesford, 6 CBN 6.336; House of Lords in Nevile Vs. London Express Newspaper, 1991 AC 368; Jogesh Chandr....... Accordingly, the accused appellants are discharged from the charge. Office is directed to communicate the order at once. Ed. This Case is also Reported in: 13 BLC (HCD) (2008) 828. ......er section 28 of the Nari-o-Shishu Nirjatan Daman Ain, 2000 (briefly as Am, 2000), the accused appellants have challenged the legality and propriety of the order dated 5-8-2007, passed by the learned Judges of Nari-o-Shishu Nirjatan Daman Tribunal, Thakurgaon, in Nari-o-Shishu Case No.181 of 2006, f..Category: Women and Children | Date: 18 Jun, 2008 | Hits: 28
Nadia Khalil Vs. Rudess Karim, 2008, 37 CLC (HCD)
.... However, there shall be no order as to costs. Let a copy of the judgment be sent down to the courts below at once. Ed. This Case is also Reported in: 28 BLD (HCD) (2008) 599. ...... Judgment June 17, 2008. Result: The Rule is made absolute. The Family Courts Ordinance 1985 (Ordinance No. XVIII of 1985); section 16A Condition precedent for invoking section 16A Section 16A of the Ordinance has empowered the family court to exer...... However, there shall be no order as to costs. Let a copy of the judgment be sent down to the courts below at once. Ed. This Case is also Reported in: 28 BLD (HCD) (2008) 599. ...... However, there shall be no order as to costs. Let a copy of the judgment be sent down to the courts below at once. Ed. This Case is also Reported in: 28 BLD (HCD) (2008) 599. ..Category: Family Law | Date: 17 Jun, 2008 | Hits: 19
M. Shafuqul Alam and others Vs. Qazi Rafiq Ahmed and others, 2006, 35 CLC (HCD)
....ed. Communicate the order at once to the Court of learned Senior Assistant Judge, Sylhet for his information and necessary action. Ed. This Case is also Reported in: 14 MLR (HCD) (2009) 476. ......Judgment Sheikh Abdul Awal J.- This rule was issued at the instance of the defendant-petitioners upon an application under Section 24 of the Code of Civil Procedure (hereinafter called 'the Code') for withdrawal of Title Suit No.56 of 1998 from the Court of learned Senior Assistant Judge, Sylhet ......ed. Communicate the order at once to the Court of learned Senior Assistant Judge, Sylhet for his information and necessary action. Ed. This Case is also Reported in: 14 MLR (HCD) (2009) 476. ......s in the case of any order of transfer, either retry it or proceed from the point at which it was transferred or withdrawn. (3) For the purposes of this section, Courts of Additional and Assistant Judges shall be deemed to be subordinate to the District Court, (4) The Court trying any suit tra..Category: Procedural Law | Date: 12 Apr, 2008 | Hits: 40
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