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Monir Hossain Md. (Moni) and another Vs. Md. Yousuf and others, 2010, 39 CLC (AD)
.... Md. Aftab Hossain, Advocate-on-Record—For the Respondent Nos.2 & 3. None Represented—For the Respondent No.1. Civil Appeal No.271 of 2002. (From the judgment and order dated 20.08.2000 passed by the High Court Division in Civil Revision No.2948 of 1999). Judgment......ol Act, 1991 read with section 23 of the Contract Act, 1872 in consequence of which the status of the tenants becomes that of a monthly tenant. In support of his contention he has cited the decision reported in 31 DLR (AD) 155. He then submits that the learned Single Judge of the High Cour..Category: Property Law, Tenancy Law | Date: 8 Dec, 2010 | Hits: 12
Nazrul Islam Talukder (Md.)Vs. Bangladesh & another, 2010, 39 CLC (HCD)
....) of the Muslim Marriages and Divorces (Registration) Rules, 1975 issued by the Senior Assistant Secretary Ministry of Law, Justice and Parliamentary Affairs being Memo No.96-Bichar-7/2N-12/2002 dated 27 January, 2004. In pursuant to the said approval respondent No.2, the District Registrar, Dh......utiny it is found that the petitioner does not have requisite qualification for being licenced as a Nikah Registrar. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 87. ..Category: Family Law | Date: 6 Dec, 2010 | Hits: 9
Syed Wahid Iqbal Vs. Bangladesh, 2010, 39 CLC (AD)
....dvocate-on-Record—For the Respondent No.6. None Represented—For the Respondent Nos.1-5 & 7-9. Civil Petition for Leave to Appeal No.560 of 2010. (From the judgment and order dated 06.10.2009 passed by the High Court Division in Writ Petition No.5277 of 2008) Judgment ...... and circumstances, we are of the view that the High Court Division having considered all the materials on record and the submissions advanced on behalf of both the parties arrived at a correct decision which does not require any interference by this Division. Accordingly, the leave pet..Category: Civil Law | Date: 6 Dec, 2010 | Hits: 5
Hasna Ahmad Vs. State and another, 2010, 39 CLC (HCD)
...., Dhaka. Subsequently, she filed the present Miscellaneous Case under section 561A of the Code of Criminal Procedure and secured pre-arrest bail on 27-8-2008. Pursuant to the order of pre-arrest bail dated 27-8-2008 passed in the instant Miscellaneous Case, she surrendered before the 3rd Court of th......nce against her is a good ground for quashing the proceedings of the case so far as it relates to her. 12. In support of the above submissions, Mr. Md. Asaduzzaman has drawn our attention to the decisions in the cases of Abdul Quader Chowdhury Vs. State, 28 DLR (AD) 38, Nasiruddin Mahmud Vs. Mo..Category: Anti-Corruption Laws | Date: 1 Dec, 2010 | Hits: 189
Fatema Begum Vs. The Artha Rin Adalat, Narayangonj and others, 2010, 39 CLC (HCD)
....M.A. Samad with M.G.H. Ruhullah, Advocate-For Respondent No.4. Writ Petition No.6819 of 2010. Judgment Md. Ruhul Quddus J. - This Rule Nisi was issued to examine the validity of order No.76 dated 10.3.2010 (annexe-C to the writ petition) passed by the Artha Rin Adalat, Narayangonj summaril......ific remedy under the law. However, the writ petitioner had remedy under Order XXI rule 90 of the Code, which she did not avail. In support of his submission, the learned Counsel cited one unreported decision of the Appellate Division passed in Civil Appeal No.151 of 2008 and also cited the case of ..Category: Banking Law | Date: 11 Nov, 2010 | Hits: 14
Ms. Syeda Rizwana Hasan Vs. Bangladesh and others, 2010, 39 CLC (AD)
.... 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.) Judgment S......icial intervention is necessary for the protection of the sanctity of democratic institutions-independence of judiciary, existence of grievances redressal forums; and d) Where administrative decision related to development are harmful to the resources such as air or water. 12. In BRAC Vs..Category: Environmental Law | Date: 8 Nov, 2010 | Hits: 258
Redwan Ahmed Vs. Bangladesh, 2010, 39 CLC (HCD)
....itioner Redwan Ahmed, this Rule Nisi was issued calling upon the respondents to show cause as to why the proceeding of Metro Bishesh Case No.133 of 2007 arising out of Ramna Police Station Case No.40 dated 15-2-2007 filed under section 409 of the Penal Code 1860, in respect of an offence allegedly c......d as a sanction required under section 32(1) for the purpose of taking cognizance by the Court. 10. Basing on these arguments on the point of sanction the learned Counsel further submitsthat the decision reported in Md. Nazimuddin Chairman Vs. Government of Bangladesh, 61 DLR 2009 81 is not app..Category: Anti-Corruption Laws | Date: 25 Oct, 2010 | Hits: 211
State Vs. Secretary, Ministry of Home Affairs (II), 2010, 39 CLC (HCD)
....e Daily Star published on 29.09.2010 under the caption “Keep child prisoners in correction centres instead of jails” was brought to the notice of this Court and a Suo Muto Rule was issued on that date directing the Secretary, Ministry of Home Affairs and the Inspector General of Prisons to repor......retary comprising Secretaries of various Ministries and others in order to look into the condition of children being held within the prisons. Ms. Fahima Nasrin submits that in fact as a result of the decision in that Suo Motu Rule the number of the children held within the prisons was reduced from a..Category: Women and Children | Date: 25 Oct, 2010 | Hits: 141
British American Tobacco Bangladesh Company Ltd. Vs. Begum Shamsun Nahar, 2010, 39 CLC (AD)
....ruddin 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) Judgment ......dings and observations we do not find any merit in the leave petition. Accordingly, the leave petition is dismissed. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 80. ..Category: Women and Children | Date: 13 Oct, 2010 | Hits: 21
Deen Mohammad Vs. Bangladesh Bank and others, 2010, 39 CLC (HCD)
.... Article 102 of the Constitution of the People's Republic of Bangladesh this Rule Nisi was issued calling upon the respondents to show cause 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 b......ich would not go to abjure the liability of payment of the outstanding loan so as to restore his right of directorship of the said Bank. 8. In support of his contention Mr. Khan has referred the decision in the case Md. Yaqub Vs. Bangladesh Bank reported in 5 MLR (AD) 137 where their lordships ..Category: Banking Law | Date: 12 Oct, 2010 | Hits: 423
Ayub Ali Sheikh alias Buna Vs. State, 2010, 39 CLC (HCD)
....tion 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 the Na...... a case containing allegation of rape delay in lodging the FIR is not necessarily fatal in all cases inasmuch as the victim and her family may be in a state of dilemma in lodging the FIR because of indecision considering future of the victim or out of fear of social humiliation or due to lack of cou..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)
.... 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) Judgment ......he same constituency, on 12-12-2008 Returning Officer issued a letter against him stating that on the basis of "Paripatra 13Ka" dated 11-12-2008 issued by the respondent No.3 they had taken decision to exclude his name from the Election List as they could not allocate him any symbol. The s..Category: Civil Law, Election Law | Date: 7 Oct, 2010 | Hits: 8
Orascom Telecom Bangladesh Limited Vs. National Board of Revenue and others, 2010, 39 CLC (HCD)
.... Md. Ashfaqul Islam J. - At the instance of the petitioner Orascom Telecom Bangladesh Limited, this Rule Nisi was issued calling upon the respondents to show cause as to why the Order No.37/Mushok/10 dated 18.4.2010 issued vide Memo No.4-Mushok/8 (568) Sheba Telecom/Atok/Bichar/2007/3364(5) dated 19......adesh Telecom (Pvt.) Ltd. Vs. T & T Board and others, 48 DLR (AD) 20; Trading Corporation of Bangladesh (TCB) Vs. The Commissioner, Customs, Excise and VAT Commissionarate, Chittagong (unreported decision). Lawyers Involved: Rokon Uddin Mahmud with, Md. Asaduzzaman, Advocates - For the..Category: Fiscal/Taxation Law | Date: 7 Oct, 2010 | Hits: 174
Abul Kashem (Md.) Vs. Anti-Corruption Commission and others, 2010, 39 CLC (HCD)
....ule Nisi was issued calling upon the respondent No.2 to show cause as to why the Impugned Notice passed by the Respondent No.3 vide Memo No. দুদক/সজেকা/ঢাকা-২/১০৯৭ dated 30-9-2009 directingthe petitioner to submit statements against, the complaint made against him......;same matter is malafide, illegal and unauthorized which is liable to be declared without jurisdiction and is of no legal effect. In support of his contention the learned Counsel reliance in the decision of Anti-Corruption Commission Vs. Abul Kalam Shamsuddin 14 MLR (AD) 153 and also Niranjan M..Category: Anti-Corruption Laws | Date: 5 Oct, 2010 | Hits: 182
Ain O Salish Kendra Vs. Bangladesh, 2010, 39 CLC (HCD)
....d workers are carrying on work within the ‘bidi’ factories of Haragacha in Rangpur under inhuman conditions. The children are between the ages of 8-16 years. An editorial in the Daily Protham Alo dated 04.10.2003 also speaks of 10,000 children working in the ‘bidi’ factories in Haragacha who......any person is a child or an adolescent, the question shall, in the absence of a certificate as to the age of such person granted by a registered medical practitioner, be referred by the Inspector for decision to a registered medical practitioner. (2) A certificate as to age of a person granted by..Category: Women and Children | Date: 5 Sep, 2010 | Hits: 261
Hasura Begum Vs. Bangladesh and others, 2010, 39 CLC (HCD)
.... cousin, Jahirul Islam went to Motijheel Police Station to lodge an information about her disappearance, but the police, instead of filing a regular case lodged a General Diary being GD Entry No.1482 dated 17-11-2009. Thereafter, on 6-2-2010 the girl's mother went to the Motijheel Police Station for......riminal Procedure (CrPC). Had the police done so at the earliest time then possibly an investigation undertaken immediately could have been more fruitful in recovering the girl. By reference to a decision in the case of Ramesh Kumari Vs. State (NCT of Delhi), AIR 2006 Supreme Court 1322 he submi..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)
....ent No.3. Writ Petition No. 7916 of 2008. Judgment Sheikh Hassan Arif J.— This rule was issued calling upon the respondents to show cause as to why the impugned Order dated 17-4-2008 passed in Miscellaneous Case No. 390 of 2008 (arising out of Artha Rin Case No. 293 ......publication was not done in accordance with the trial Court order inasmuch as, the notices of the suit were published in two news papers not ordered by the Adalat. In this regard she refers to a decision of our Appellate Division in Abul Khair Miah Vs. Abdul LatifSarker reported in 32 DLR (AD) ..Category: Banking Law | Date: 23 Aug, 2010 | Hits: 2
Abdur Rashid Gazi Vs. Nur Ali Gazi and others, 2010, 39 CLC (HCD)
....n J.- This Rule upon an application under section 115(1) of the Code of Civil Procedure was issued on 5.7.2004 calling upon the opposite party No.1 to show cause as to why the judgment and decree dated 22.02.2004 passed by the learned District Judge, Satkhira in Title Appeal No.61 of 2002 affir......cing cogent evidence, either oral or documentary. So, he submits that both the Courts below without assessing the evidence properly decreed the suit. He in support of his contention referred to the decisions in the case of Noorjahan Begum Vs. Mahmudur Rahman Mullick and others, reported in 34 DL..Category: Procedural Law | Date: 10 Aug, 2010 | Hits: 4
Ferdous Khan @ Alamgir Vs. Islami Bank Bangladesh Ltd. and another, 2010, 39 CLC (HCD)
.... behalf of Bagdad Exim Corporation Ltd., as its Managing Director, each cheque for Tk. 240,28,588.00. These two cheques were deposited on 26-2-2008, 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 ......d from his bail bond. The order of stay granted earlier by this Court shall stand vacated. Communicate the order at once. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 540. ..Category: Banking Law | Date: 1 Aug, 2010 | Hits: 657
Rehana Begum and another Vs. State, 2010, 39 CLC (HCD)
....sharraf 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-Shishu ......d foundation for conviction, more so if some assurance for it is available from the medical evidence. We respectfully agree with the views noted above. 23. Measured by the standard, in view of the decisions referred here to before, we have not found, upon scrutiny of the evidence and the material..Category: Women and Children | Date: 1 Aug, 2010 | Hits: 227
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