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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. ......h Court Division (Special Original 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 ……………….........Re...... 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,..

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...... 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. ......llip;…………………Petitioner Vs. Government of Bangladesh, represented by the Cabinet Secretary of Cabinet Division, Bangladesh Secretariat, Dhaka and others……………………………&h......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..

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...... (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, 2011. Result: Civil Petit......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..

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......t: Nazmun Ara Sultana J Md. Ruhul Quddus J Md. Hamiduzzaman……………………………………..... Petitioner Vs. The Joint District Judge, Artha Rin Adalat, Faridpur and others….... Respondents Judgment January 20, 2011. Result The Rule is disc......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..

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

StateVs. Noor Islam and others, 2011, 40 CLC (HCD)

....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.......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.......CD) (2011) 141.......rted 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)

....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. ......ildren, 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....................

Category: Women and Children | Date: 13 Jan, 2011 | Hits: 248

State Vs. Alam, 2011, 40 CLC (HCD)

.... 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. ...... 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. ...... Alam......................................................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 Bhask......rt Division (Criminal Appellate Jurisdiction) Present: Syed Refaat Ahmed J Md. Habibul Gani J State.........................................................Appellant Vs. Alam......................................................Condemned-Prisoners Judgment..

Category: Women and Children | Date: 11 Jan, 2011 | Hits: 176

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...... is also Reported in: 66 DLR (AD) (2014) 104. ......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..

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.   ......ue 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 December 13, 2010.  Result: The ...... (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..

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)

....is to file a return. He further submits that Gulshan Club does not come within the purview of section 44(1) so to claim any exemption from paying tax nor any exemption to that effect has been made by Government in official gazette pursuant to section 44(4) of the Income Tax Ordinance. He has also dr......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. ......Original Jurisdiction) Present: Md. Ashfaqul Islam J SM Emdadul Hoque J Gulshan Club Ltd…………………………Petitioner Vs. Chairman, National Board of Revenue and another…………………………..Respondents Judgment December 13, 2010. Re......ourt High Court Division (Special Original Jurisdiction) Present: Md. Ashfaqul Islam J SM Emdadul Hoque J Gulshan Club Ltd…………………………Petitioner Vs. Chairman, National Board of Revenue and another…………………………..Respondents ..

Category: Fiscal/Taxation Law | Date: 13 Dec, 2010 | Hits: 48

Mahfuzur Rahman and another Vs. Government of Bangladesh and others, 2010, 39 CLC (HCD)

.... Court Division (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 ......n (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: ......       ...... High Court Division (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,..

Category: Administrative Law | Date: 9 Dec, 2010 | Hits: 2

Thana Nirbahi Officer, Pirgachha, Rangpur and others Vs. Md. Dulal Miah, 2010, 39 CLC (HCD)

....iding the instant Civil Rule, as it appears from the record and application for condonation of delay, are that the impugned judgment was passed on 8.1.2006 and the decree was signed on 15.1.2006. The Government Pleader filed application for certified copy of the same on 16.1.2006 and got it delivere...... the revisional application is hereby condoned. The office is directed to place the revisional application before an appropriate motion bench immediately. Ed. This Case is also Reported in: ......te motion bench immediately. Ed. This Case is also Reported in: ...... Ed. This Case is also Reported in: ..

Category: Procedural Law | Date: 8 Dec, 2010 | Hits: 180

Nazrul Islam Talukder (Md.)Vs. Bangladesh & another, 2010, 39 CLC (HCD)

....gible to be licensed as Nikah Registrar on regular basis if he fulfils the requisite qualification specified in rule 6 and his performance as Nikah Registrar on temporary basis is satisfactory to the Government." 4. The area for which a Nikah registrar may be licensed by the authority has ......reme Court High Court Division (Special Original Jurisdiction) Present: Farah Mahbub J Farid Ahmed J Nazrul Islam Talukder (Md.)...............Petitioner Vs. Bangladesh & another………………….........Respondents......llip;.........Respondents Judgment December 6, 2010. Result: The Rule is made absolute. Issuance of Nikah Registrar licence on regular basis Rule 5A of Muslim Marriages and Divorces (Registration) Rules, 1975 provides that, a person acting for at least three years as N......p; ..

Category: Family Law | Date: 6 Dec, 2010 | Hits: 9

Syed Wahid Iqbal Vs. Bangladesh, 2010, 39 CLC (AD)

....que 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-operative Division-5 Bangladesh Secretariat and others..............late 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-op......ain J SK Sinha J Syed Wahid Iqbal.................................Petitioner Vs. Bangladesh, represented by the Secretary, Ministry of Local Government, Rural Development and Co-operative Division-5 Bangladesh Secretariat and others............................................ Appellate 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..

Category: Civil Law | Date: 6 Dec, 2010 | Hits: 5

Hasna Ahmad Vs. State and another, 2010, 39 CLC (HCD)

....e, 28 DLR (AD) 38; Nasiruddin Mahmud Vs. Momtazuddin Ahmed, 36 DLR (AD) 14; Shokrana Vs. State, 5 BLC 611; Ali Akkas Vs. Enayet Hossain, 17 BLD (AD) 44; Sher Ali Vs. State, 46 DLR (AD) 67; Solicitor, Government of Bangladesh Vs. AT Mridha, 26 DLR (SC) 17; State Vs. Abdul Wahab Shah Chowdhury, 51 DLR...... 38; Nasiruddin Mahmud Vs. Momtazuddin Ahmed, 36 DLR (AD) 14; Shokrana Vs. State, 5 BLC 611; Ali Akkas Vs. Enayet Hossain, 17 BLD (AD) 44; Sher Ali Vs. State, 46 DLR (AD) 67; Solicitor, Government of Bangladesh Vs. AT Mridha, 26 DLR (SC) 17; State Vs. Abdul Wahab Shah Chowdhury, 51 DLR (AD) 242. ......Present: Moyeenul Islam Chowdhury J AKM Abdul Hakim J Hasna Ahmad……………………………Petitioner Vs. State and another……………………………O......sdiction) Present: Moyeenul Islam Chowdhury J AKM Abdul Hakim J Hasna Ahmad……………………………Petitioner Vs. State and another………………………&h..

Category: Anti-Corruption Laws | Date: 1 Dec, 2010 | Hits: 189

Shafiqul Islam (Md.) Vs. The Commissioner of Customs, Excise and VAT Rajshahi and others, 2010, 39 CLC (HCD)

....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     ......goods to be smuggled goods have been provided in section 2(s) of the said Act. Relevant portions of section 2(s) run as follows: "2(s) "Smuggle" means to bring into or take out of Bangladesh in breach of any pro­hibition or restriction for the time being in force; or evading ...... J Sheikh Hassan Arif J Shafiqul Islam (Md.)………………...........Petitioner [In both Writ Petitions] Vs. The Commissioner of Customs, Excise and VAT Rajshahi and others........Respondents Judgment November 11, 2010. Result: ......ivil) Present: Mirza Hussain Haider J Sheikh Hassan Arif J Shafiqul Islam (Md.)………………...........Petitioner [In both Writ Petitions] Vs. The Commissioner of Customs, Excise and VAT Rajshahi and others........Respondents Jud..

Category: Fiscal/Taxation Law | Date: 11 Nov, 2010 | Hits: 3

Shafiqul Islam (Md.) Vs. The Commissioner of Customs, Excise and VAT Rajshahi and others, 2010, 39 CLC (HCD)

....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     ......goods to be smuggled goods have been provided in section 2(s) of the said Act. Relevant portions of section 2(s) run as follows: "2(s) "Smuggle" means to bring into or take out of Bangladesh in breach of any pro­hibition or restriction for the time being in force; or evading ...... J Sheikh Hassan Arif J Shafiqul Islam (Md.)………………...........Petitioner [In both Writ Petitions] Vs. The Commissioner of Customs, Excise and VAT Rajshahi and others........Respondents Judgment November 11, 2010. Result: ......ivil) Present: Mirza Hussain Haider J Sheikh Hassan Arif J Shafiqul Islam (Md.)………………...........Petitioner [In both Writ Petitions] Vs. The Commissioner of Customs, Excise and VAT Rajshahi and others........Respondents Jud..

Category: Fiscal/Taxation Law | Date: 11 Nov, 2010 | Hits: 5

Fatema Begum Vs. The Artha Rin Adalat, Narayangonj and others, 2010, 39 CLC (HCD)

.... 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: ......ngonj 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 Sh......iginal Jurisdiction) Present: Nazmun Ara Sultana J Md. Ruhul Quddus J Fatema Begum…………………………………………...Petitioner Vs. The Artha Rin Adalat, Narayangonj and others….............. Respondents Judgment November 11, 2010. Cases Referred to- V......rt High Court Division (Special Original Jurisdiction) Present: Nazmun Ara Sultana J Md. Ruhul Quddus J Fatema Begum…………………………………………...Petitioner Vs. The Artha Rin Adalat, Narayangonj and others….............. Respondents Judgment Nove..

Category: Banking Law | Date: 11 Nov, 2010 | Hits: 14

Ms. Syeda Rizwana Hasan Vs. Bangladesh and others, 2010, 39 CLC (AD)

....ession 'person aggrieved" means not only any person who is not only any person who is personally aggrieved but also one whose heart bleeds for his less fortunate fellow beings for a wrong done by the Government or a local authority in not fulfilling its constitu­tional or statutory obligations. It ...... Appellate 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......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...... Court Appellate 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 ..

Category: Environmental Law | Date: 8 Nov, 2010 | Hits: 258