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Major (Retd.) Nurullah and another Vs. State and Bother, 2011, 40 CLC (HCD)

....n view of foregoing narrative, the application is rejected summarily. Office is directed to communicate the order at once. Ed. This Case is also Reported in: 17 BLC (HCD) (2012) 831. ......stant application. 5. The learned Counsel appearing for the petitioners submits that the allegations as embodied in the first information report will come within the purview of section 59 of the Bangladesh Army Act. So the proceedings under the Ain, 2000 is an abuse of the process of the Court ...... (Criminal Miscellaneous Jurisdiction) Present: Syed Md. Ziaul Karim J ANM Bashir Ullah J Major (Retd.) Nurullah and another…………………………….Petitioners Vs. State and Bother………………………………........................Opposite partie...... the order at once. Ed. This Case is also Reported in: 17 BLC (HCD) (2012) 831. ..

Category: Women and Children | Date: 8 Mar, 2011 | Hits: 90

Professor Muhammad Yunus Vs. Bangladesh, 2011, 40 CLC (HCD)

.... The petitioner, Professor Muhammad Yunus has preferred the instant writ petition under Article 102(2)(a) read with Article 44 of the Constitution of the People’s Republic of Bangladesh against the Government of Bangladesh, Bangladesh Bank, Grameen Bank and 13 others challenging the order issued v......pecial Original Jurisdiction) Present: Md. Mamtaz Uddin Ahmed J Gobinda Chandra Tagore J Professor Muhammad Yunus …………………....................Petitioner Vs. Bangladesh represented by the Secretary, Bank and Financial Institutions Division, Ministry of Finan......n (Special Original Jurisdiction) Present: Md. Mamtaz Uddin Ahmed J Gobinda Chandra Tagore J Professor Muhammad Yunus …………………....................Petitioner Vs. Bangladesh represented by the Secretary, Bank and Financial Institutions Division, Ministry...... Chandra Tagore J. – I Agree. Ed. This Case is also Reported in: 63 DLR (2011) (HCD) 260. ..

Category: Banking Law | Date: 8 Mar, 2011 | Hits: 438

Executive Chairman, Bangladesh Export Processing Zones Authority (BEPZA) Vs. M/s. Abdul Mannan and anothers, 2011, 40 CLC (AD)

....ation thereof, we do not find any merit in these two leave petitions. Accordingly, these leave petitions are dis­missed. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 86. ......o Reported in: 66 DLR (AD) (2014) 86. ......sion (Civil) Present: ABM Khairul Haque CJ Md Muzammel Hossain J SK Sinha J Executive Chairman, Bangladesh Export Processing Zones Authority (BEPZA)......Petitioner Vs. M/s. Abdul Mannan and anothers.................Respondents Judgment February 23, ......R (AD) 4 = 55 DLR (AD) 23; State of UP Vs. Janki Saran Kailash Chandra, AIR 1973 SC 2071; Popular Biscuit Limited Vs. Beximco Bremer Export Cantor Brand, 4 ADC (2007) 743. Lawyers Involved: Md. Bodruddoza, Advocate, instructed by Md. Nawab Ali, Advocate-on-Record—For the Petitioner N..

Category: Civil Law | Date: 23 Feb, 2011 | Hits: 10

Hussain Fabrics Ltd. Represented by its Managing Director and another Vs. Haji Momena Khatun and others, 2011, 40 CLC (AD)

....andra Saha, 36 DLR (AD) 220; Muhammad Siddiq Muhammad Umar Vs. Australasia Bank Ltd, PLD 1966 SC 684; Arjan Singh Vs. Kartar Singh, 1951 AIR SC 193; Syed Abdul Khader Vs. Rami Reddy, AIR 1979 SC 553; Government of Bangladesh Vs. Noorjahan Khan, 8 BLT (AD) 1. Lawyers Involved: Abdul Wadud B...... DLR (AD) 220; Muhammad Siddiq Muhammad Umar Vs. Australasia Bank Ltd, PLD 1966 SC 684; Arjan Singh Vs. Kartar Singh, 1951 AIR SC 193; Syed Abdul Khader Vs. Rami Reddy, AIR 1979 SC 553; Government of Bangladesh Vs. Noorjahan Khan, 8 BLT (AD) 1. Lawyers Involved: Abdul Wadud Bhuiyan, Senior......BM Khairul Haque CJ Md. Muzammel Hossain J Surendra Kumar Sinha J Hussain Fabrics Ltd. Represented by its Managing Director and another………….Petitioners Vs. Haji Momena Khatun and others............Respondents Judgment    &...... leave petition is dismissed. Ed. This Case is also Reported in: 67 DLR (AD) (2015) 119. ..

Category: Civil Law | Date: 17 Feb, 2011 | Hits: 5

Sanjoy Roy Vs. Bangladesh and others, 2011, 40 CLC (HCD)

....d as being not maintainable. The order of stay passed by this Court at the time of issuance of the Rule is vacated. Nazmun Ara Sultana J.- I agree. Ed. This Case is also Reported in: ...... Division (Special Original Jurisdiction) Present: Nazmun Ara Sultana J Md. Ruhul Quddus J Sanjoy Roy ………………………………………..Petitioner Vs. Bangladesh and others ……….............Respondents Judgment February 17, 2011. R......igh Court Division (Special Original Jurisdiction) Present: Nazmun Ara Sultana J Md. Ruhul Quddus J Sanjoy Roy ………………………………………..Petitioner Vs. Bangladesh and others ……….............Respondents Judgment February 17, 201......zmun Ara Sultana J.- I agree. Ed. This Case is also Reported in: ..

Category: Banking Law | Date: 17 Feb, 2011 | Hits: 174

Abu Hanifa (Md.) Vs. Md. Shafiul Bashar and others, 2011, 40 CLC (AD)

....eing heard. When any person is given the temporary licence to perform the responsibilities of a Nikah Registrar, he will be entitled to have a licence of a Nikah Registrar on regular basis from the Government after satisfactory performance as Nikah Registrar at least for three years. If there is a......dgment and order dated 1-11-2003 passed by a Division Bench of the High Court Division in Writ Petition No.7505 of 2002 is hereby affirmed. Ed. This Caseis also Reported in: 65 DLR (AD) (2013) 243. ......d in: 65 DLR (AD) (2013) 243. ......ivision in Writ Petition No.7505 of 2002 is hereby affirmed. Ed. This Caseis also Reported in: 65 DLR (AD) (2013) 243. ..

Category: Civil Law | Date: 15 Feb, 2011 | Hits: 8

Jamiul Hossain Vs. Government of Bangladesh & Others, 2011, 40 CLC (HCD)

....reme Court High Court Division (Special Original Jurisdiction) Present: Syed Mahmud Hossain J Md. Nazrul Islam Talukder J Jamiul Hossain……………………Petitioner Vs. Government of Bangladesh & Others…………………………Respondents Judgment Februa...... High Court Division (Special Original Jurisdiction) Present: Syed Mahmud Hossain J Md. Nazrul Islam Talukder J Jamiul Hossain……………………Petitioner Vs. Government of Bangladesh & Others…………………………Respondents Judgment February 15, 2011. ......9. ......spondents forthwith. Ed. This Case is also Reported in: 20 BLT (HCD) (2012) 49. ..

Category: Constitutional Law | Date: 15 Feb, 2011 | Hits: 176

Rupali Bank Ltd., Dhaka Vs. M/S. Brick Linkers Ltd. and Others, 2011, 40 CLC (AD)

....em. The appeal is dismissed with the above observations without any order as to costs. Ed. This Case is also Reported in: 31 BLD (AD) (2011) 92, 16 BLC (AD) (2000) 107, VIII ADC (2011) 523 ......€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦Plaintiff Vs. M/S. Brick Linkers Ltd. and Others………………Respondent Judgment February 15, 2011. Case Referred To- Sarder Jan-e Alam Vs. Arab Bangladesh Bank Ltd., 4 BLC (AD) 178. Lawyers Involved: Haron-or-Rashid, Advocate, instructed ...... Appellate Division (Civil) Present ABM Khalrul Haque CJ Md. Muzammel Hossain J Surendra Kumar Sinha J Rupali Bank Ltd., Dhaka……………………………………Plaintiff Vs. M/S. Brick Linkers Ltd. and Others………………Respondent Judgment February 15, 20......s. Ed. This Case is also Reported in: 31 BLD (AD) (2011) 92, 16 BLC (AD) (2000) 107, VIII ADC (2011) 523 ..

Category: Banking Law | Date: 15 Feb, 2011 | Hits: 189

Bangladesh National Women Lawyers Association Vs. Cabinet Secretary, Bangladesh Secretariat, Dhaka and others, 2011, 40 CLC (HCD)

.... union who are sent away from the locality for the purpose of being engaged in any employment. If any middleman is involved, then his/her name and other details must be entered in the register. 7. Government is directed to ensure mandatory registration of all domestic workers by all employers eng......7 (2009) [hereinafter SCSD REPORT ON CHILD DOMESTIC WORKERS]. ......diction) Present: Md. Imman Ali J Sheikh Hassan Arif J Bangladesh National Women Lawyers Association (BNWLA), represented by its Vice-President, Fahima Nasrin……….......Petitioner Vs. The Cabinet Division, Represented by Cabinet Secretary, Bangladesh Secretariat, Dhaka and oth......T. AND CIVIL SOCIETIES IN BANGLADESH , 36-37 (2009) [hereinafter SCSD REPORT ON CHILD DOMESTIC WORKERS]. ..

Category: Women and Children | Date: 15 Feb, 2011 | Hits: 265

Nazim Uddin Vs. Bangladesh and others, 2011, 40 CLC (HCD)

....of the above, the Rule is discharged. The order of stay passed at the time of issuance of the Rule is vacated. Nazmun Ara Sultana J.- I agree. Ed. This Case is also Reported in: ......n (Special Original Jurisdiction) Present: Nazmun Ara Sultana J Md. Ruhul Quddus J Nazim Uddin……………………...............................Petitioner Vs. Bangladesh and others ………………….................Respondents Judgment February ......t Division (Special Original Jurisdiction) Present: Nazmun Ara Sultana J Md. Ruhul Quddus J Nazim Uddin……………………...............................Petitioner Vs. Bangladesh and others ………………….................Respondents Judgment ......zmun Ara Sultana J.- I agree. Ed. This Case is also Reported in: ..

Category: Banking Law | Date: 9 Feb, 2011 | Hits: 162

Kanin (India)(P) Ltd. Vs. Registrar of Trade Marks, Dhaka and another, 2011, 40 CLC (HCD)

....ment be communicated and the record be sent back to the Registrar of Trade Marks, Dhaka immediately. Nazmun Ara Sultana J.- I agree. This Case is also Reported in: 18 BLC (HCD) (2013) 44. ......arks, Dhaka that was communicated by letter dated 22.5.2006 accepting Opposition Case No.2131 of 2003. 2.  Facts relevant for disposal of this appeal are that the appellant’s agent in Bangladesh, Haji Abdul Maleque filed Application No.65372 in class-6 for registration of trade mark,...... Present: Nazmun Ara Sultana J Md. Ruhul Quddus J Kanin (India) (P) Ltd. ……………………...............................Appellant Vs. The Registrar of Trade Marks, Dhaka and another …….....Respondents Judgm......gree. This Case is also Reported in: 18 BLC (HCD) (2013) 44. ..

Category: Intellectual Property Law | Date: 30 Jan, 2011 | Hits: 183

Mosharraf Hossain (Md.) and others Vs. Akhtar Hossain, 2011, 40 CLC (HCD)

....e suit No.308 of 2009 expeditiously in accordance with law. Send down the lower Court record. Communicate this order at once. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 218....... his heirs: Md. Naimuddin and others, 35 DLR (AD) 31; Pushpa Rani Saha Fodder Vs. Rash Mohan Saha being dead his heirs, Kartick Chowdhury Saha and others, 10 MLR (AD) 345; Abdul Jalil Vs. Islami Bank Bangladesh Limited, 53 DLR (AD) 12; Nizamuddin Vs. State, 30 DLR 49. Lawyers Involved: Md.......h Court Division (Civil Revisional Jurisdiction) Present: Sharif Uddin Chaklader J Md. Nuruzzaman J Mosharraf Hossain (Md.) and others…………………….Appellants Vs. Akhtar Hossain………………………..Respondent Judgment January 27, 2011. ......nce. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 218...

Category: Property Law | Date: 27 Jan, 2011 | Hits: 95

Nasirul Islam Vs. Bangladesh and others, 2011, 40 CLC (HCD)

....d to take back his original title documents those have been annexed with the writ petition substituting photocopies thereof. Nazmun Ara Sultana J.- I agree. This Case is also Reported in: ......tion) Present: Nazmun Ara Sultana J Md. Ruhul Quddus J Nasirul Islam, since deceased substituted by his legal heirs Mrs. Mily Khan and others ............Petitioners Vs. Bangladesh and others ……………….........Respondents Judgment January 27, 2011. ...... Jurisdiction) Present: Nazmun Ara Sultana J Md. Ruhul Quddus J Nasirul Islam, since deceased substituted by his legal heirs Mrs. Mily Khan and others ............Petitioners Vs. Bangladesh and others ……………….........Respondents Judgment January 27,....... Nazmun Ara Sultana J.- I agree. This Case is also Reported in: ..

Category: Banking Law | Date: 27 Jan, 2011 | Hits: 172

M/S A-Z Knit Wears Ltd. and another Vs. City Bank Ltd. and others, 2011, 40 CLC (HCD)

....wer. She, however, admits that Bangladesh Bank may initiate any investigation only for the common interest of the depositors, or to bring discipline in banking sector only under instruction of the Government or on its own motion. 7. We have perused the writ petition, supplementary affidavit, t......nctionary of the state or of a local authority is not open to challenge under writ jurisdiction, unless it comes within the scope of article 102 of the constitution. No relief has been sought against Bangladesh Bank in respect of its inaction and a direction has been sought, instead, against a priva......: ......vacated. Nazmun Ara Sultana J. I agree. Ed. This Case is also Reported in: ..

Category: Banking Law | Date: 26 Jan, 2011 | Hits: 185

Bangladesh National Women Lawyers Association (BNWLA) Vs. Government of Bangladesh, 2011, 40 CLC (HCD)

....A, Monico Mona Tower (1st & 2nd Floor), 48/3, West Agargaon, Shere Bangla Nagar, Dhaka-1207…………………………Petitioner Vs. Government of Bangladesh, represented by the Cabinet Secretary of Cabinet Division, Bangladesh Secre......n: 31 BLD (HCD) (2011) 324, 18 BLC (HCD) (2013) 290. ......r of BNWLA, Monico Mona Tower (1st & 2nd Floor), 48/3, West Agargaon, Shere Bangla Nagar, Dhaka-1207…………………………Petitioner Vs. Government of Bangladesh, represented by the Cabinet Secretary of Cabinet Division, Banglad......ree. Ed. This Case is also Reported in: 31 BLD (HCD) (2011) 324, 18 BLC (HCD) (2013) 290. ..

Category: Women and Children | Date: 26 Jan, 2011 | Hits: 246

Mahbub Ahmed Chowdhury Vs. Chief Election Commissioner and others, 2011, 40 CLC (AD)

....nnery powers of legislation which are limited by other provisions of the Constitution as discussed above. Moreover, the powers of Parliament cannot be restricted by an obligation undertaken by the Government. The competence of a Parliament to enact any law is to be determined with reference to t...... Cases Referred to- Kudrat-e-Elahi Panir Vs. Ahsanullah 44 DLR (AD) 319; Sajjan Singh Vs. State of Rajesthan AIR 1965 SC 845; Anwar Hossain Chowdhury Vs. Government of People's Republic of Bangladesh, 41 DLR (AD) 165; Ashby Railway Carriage and Iron Co. Ltd Vs. Rich (1875 LR 7 HL 653); B......eme Court Appellate Division (Civil) Present: ABM Khairul Haque CJ Md. Muzammel Hossain J SK Sinha J Mahbub Ahmed Chowdhury.......................Petitioner Vs. Chief Election Commissioner and others..........Respondents Judgment January 23......ppeal 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)

....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: ......tion 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 plaintiff instituted Artha Rin Suit No.10 of 2004 in the Artha Rin......urt Division (Special Original Jurisdiction) Present: Nazmun Ara Sultana J Md. Ruhul Quddus J Md. Hamiduzzaman……………………………………..... Petitioner Vs. The Joint District Judge, Artha Rin Adalat, Faridpur and others….... Respondents Jud......mun Ara Sultana J.- I agree. Ed. This Case is also Reported in: ..

Category: Banking Law | Date: 20 Jan, 2011 | Hits: 233

Bangladesh Legal Aid and Services Trust Vs. Secretary, Ministry of Education, 2011, 40 CLC (HCD)

....esh Secretariat, Dhaka and others.......................................Respondents Judgment January 13, 2011. Cases Referred to- Bangladesh Legal Aid and Services Trust and others Vs. Government of Bangladesh and others; Parents Forum for Meaningful Education and Another Vs. Union of......oral punishment of children, whether by parents or schools. ......an Ali J Sheikh Hassan Arif J Bangladesh Legal Aid and Services Trust (BLAST), represented by its Deputy Director (Legal Aid), Farida Yeasmin and another…………….........Petitioners Vs. Secretary, Ministry of Education, Bangladesh Secretariat, Dhaka and others........................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

Ramesh Chandra Adhikari Vs. Bulbuli, 2011, 40 CLC (AD)

....find any merit in the leave petition. Accordingly, the leave petition is dismissed with cost of Taka 5,000 (five thousand). Ed. This Case is also Reported in: 66 DLR (AD) (2014) 104. ...... Court Division in Civil Revision No.2325 of 2005) Judgment Md. Muzammel Hossain J.- This petition for leave to appeal under Article 103 of the Consti­tution of People's Republic of Bangladesh is direct­ed against the judgment and decree dated 29-10-2008 passed by a Single Benc......me Court Appellate Division (Civil) Present: ABM Khairul Haque CJ Md. Muzammel Hossain J SK Sinha J Ramesh Chandra Adhikari........................Petitioner Vs. Bulbuli................................................Respondent Judgment Januar......of Taka 5,000 (five thousand). Ed. This Case is also Reported in: 66 DLR (AD) (2014) 104. ..

Category: Family Law, Hindu Law | Date: 6 Jan, 2011 | Hits: 15

Bangladesh Shilpa Rin Sangstha (BS-RS) Vs. She Shipping Judgment Lines Limited and others, 2010, 39 CLC (AD)

....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.   ......) (2015) 66.   ...... (Civil) Present: ABM Khairul Haque CJ Md. Muzammel Hossain J SK Sinha J      Bangladesh Shilpa Rin Sangstha (BS-RS)...............Appellant Vs. She Shipping Judgment Lines Limited and others............Respondents Judgment De......tution 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