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

.............Petitioners Vs. Government of Bangladesh and others..............Respondents Judgment December 9, 2010 Result: The Rule is discharged. Applicability of the principle of 'locus penitentiae' under Section 21 of the General Clauses Act- The autho...... Accordingly, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 171           ......81 SC 818; Ziauddin Vs. Pakistan Defence Housing Authority, 1999 PLC 723; Enamul Huq (Md.) Vs. Jatiyo Bishwabiddaloy, 59 DLR 556; Unni Krishnan, JP Vs. State of Andhra Pradesh, AIR 1993 SC 2178. Lawyers Involved: Md. Ashad Ullah with Khaleda Sultana Noor Advocates—For the Petitioners..

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

Monir Hossain Md. (Moni) and another Vs. Md. Yousuf and others, 2010, 39 CLC (AD)

....ned Sub­ordinate Judge, 1st Court and Judge of the Small Causes Court, Faridpur in SCC Suit No.6 of 1996 is hereby restored. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 100. ......ned Sub­ordinate Judge, 1st Court and Judge of the Small Causes Court, Faridpur in SCC Suit No.6 of 1996 is hereby restored. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 100. ........................Respondents Judgment December 8, 2010.   Result: The appeal is allowed. Cases Referred to- Shamsuddin Ahmed Vs. Mohd Hassan, 31 DLR (AD) 155. Lawyers Involved: Nur Hossain Chawdhury, Advocate, instructed by Md. Nawab Ali, Advocate-on-Rec..

Category: Property Law, Tenancy Law | Date: 8 Dec, 2010 | Hits: 12

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

.... 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: ...... 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: ......nt: Md. Ruhul Quddus J Thana Nirbahi Officer, Pirgachha, Rangpur and others ... Petitioners Vs. Md. Dulal Miah……………………...Opposite party Judgment December 8, 2010. Lawyers Involved: No one appears for either of the parties. Civil Rule No. 41 (Con) of 2008 ..

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

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

....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.   ......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.   ......obligation to issue permanent Nikah registry licence to the petitioner in respect of the aforesaid ward...... ………………………….(8) Lawyers Involved: Md. Bakir Uddin Bhuiyan, Advocate—For the Petitioner. Kazi Zinat H..

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

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

....not require any interference by this Division. Accordingly, the leave petition is dismissed. Ed. This Case is also Reported in: 65 DLR (AD) (2013) 308; 21 BLT (AD) (2013) 309. ......not require any interference by this Division. Accordingly, the leave petition is dismissed. Ed. This Case is also Reported in: 65 DLR (AD) (2013) 308; 21 BLT (AD) (2013) 309. ......e Division-5 Bangladesh Secretariat and others.........................................Respondents Judgment December 6, 2010. Result: The leave petition is dismissed. Lawyers Involved: Abdul Matin Khasru, Senior Advocate, instructed by Md. Aftab Hossain, Advo..

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

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

....n of police report in a case, there is no scope for granting anticipatory or pre-arrest bail as has been held in the case of the State Vs. Abdul Wahab Shah Chowdhury reported in 51 DLR (AD) 242. This principle was not taken into consideration while granting pre-arrest bail to the petitioner in the p......ion Act, 1947, now pending before the 3rd Court of the Special Judge, Dhaka are quashed so far as it relates to the petitioner. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 206. ...... 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. Lawyers Involved: Md. Asaduzzaman with Imtiaz Uddin Ahmad Asif, Advocates - For the Petitioner...

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     ...... Kathmundu, Nepal for import of Red Whole Lentil under HS Code No.0713.40.90 (the said Lentils"). After arrival of the said lentils at the Banglaband Land Customs Station, Panchagar, the said DK International submitted bill of entry No.189 dated 30-6-2010 through C&F agent M/s Nayan Interna......it Petition No. 8681 of 2010 is made absolute. The rule in Writ Petition No.7367 of 2010 is disposed of. Whether Wrong Decla­ration by the Importer has negative Impact in Due Process of Law- Although the importer gave wrong declaration, as to the country of ori­gin, since ther..

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     ...... Kathmundu, Nepal for import of Red Whole Lentil under HS Code No.0713.40.90 (the said Lentils"). After arrival of the said lentils at the Banglaband Land Customs Station, Panchagar, the said DK International submitted bill of entry No.189 dated 30-6-2010 through C&F agent M/s Nayan Interna......it Petition No. 8681 of 2010 is made absolute. The rule in Writ Petition No.7367 of 2010 is disposed of. Whether Wrong Decla­ration by the Importer has negative Impact in Due Process of Law- Although the importer gave wrong declaration, as to the country of ori­gin, since ther..

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: ...... 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: ...... 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 Shahjada Al-Amin Kabir, Advocates-For the Petitioner. M. S..

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

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

....tional or statutory obligations. It does not, however, extend to a person who is an interloper and interferes with things which do not concern him. This approach is in keeping with the constitutional principles that are being evolved in the recent times in differ­ent countries." 15. In BALCO Emp......lot plots, approve building constructions, create recreational and other civic facilities, infrastructure plans for the Dhaka City. The UMT situated at both sides of Dhaka-Tongi highway adjoining the International Airport was developed as a Model Town for residential purposes in the early 1980 by th......981 (Supp) SCC 87; Janata Dal Vs. H.S. Chowdhury, (1992) 4 SCC 305; Unnayan Kartipakha and another Vs. Moshiul Islam, 53 DLR (AD) 79; Mushiul Islam (53 DLR (AD) 79); Parvin Akter (7 BLC (AD) 167). Lawyers Involved: Fida M. Kamal, Senior Advocate, instruct­ed by Mrs. Nahid Sultana, Advocate-on..

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

Shanik Chandra Barmon Vs. State and another, 2010, 39 CLC (HCD)

....ccordance with the aforesaid Rules, 2007. Send a copy of the judgment and order to the Court below immediately. Ed. This Case is also Reported in: 66 DLR (HCD) (2014) 114   ......ccordance with the aforesaid Rules, 2007. Send a copy of the judgment and order to the Court below immediately. Ed. This Case is also Reported in: 66 DLR (HCD) (2014) 114   ......r……………………….......................Opposite-Parties Judgment November 2, 2010. Result: The Rule is made absolute. Lawyers Involved: None appears—For the Petitioner. Abdur  Rezaque Khan with &nb..

Category: Anti-Corruption Laws, Criminal Law | Date: 2 Nov, 2010 | Hits: 5

Redwan Ahmed Vs. Bangladesh, 2010, 39 CLC (HCD)

....il already granted to him by this Division. The order of stay granted earlier by this Court is hereby vacated and recalled. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 70. ......il already granted to him by this Division. The order of stay granted earlier by this Court is hereby vacated and recalled. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 70. ......ain Mollah Vs. State, 45 DLR (AD) 175; Title Suit Baliah Vs. Title Suit Rangachari, AIR 1969 (SC) 701; and Md. Nizamuddin Vs. State, 30 DLR 49 (FB); Abul Kalam Khan Vs. Riza Morshed, 5 BLC 2000. Lawyers Involved: Rokanuddin Mahmood, Zafar Imam and Golam Rasul, Advocates - For the Petitione..

Category: Anti-Corruption Laws | Date: 25 Oct, 2010 | Hits: 211

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. ...... 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. ...........................Respondents Judgment October 25, 2010. Result: The Rule is disposed of with observations. Cases Referred To- State Vs. Secretary, Ministry of Law, Justice & Parliamentary Affairs and others, 29 BLD 656. Lawyers Involved: Md. M..

Category: Women and Children | Date: 25 Oct, 2010 | Hits: 141

British American Tobacco Bangladesh Company Ltd. Vs. Begum Shamsun Nahar, 2010, 39 CLC (AD)

....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. ......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. ......int……………………………..(13) Cases Referred to- Abul Khair Vs. Pubali Bank, 53 DLR (AD) 62; Vishaka Vs. State of Rajasthan, AIR 1997 SC 3011 and Bangladesh National Women Lawyers Association (BNWLA) Vs. Bangladesh, 14 BLC 694 at page 706. Lawyers Involved: Sig..

Category: Women and Children | Date: 13 Oct, 2010 | Hits: 21

Deen Mohammad Vs. Bangladesh Bank and others, 2010, 39 CLC (HCD)

....ereby vacated. Let a copy of the Judgment be sent to the concerned authority at once for information and necessary action. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 506. ......ereby vacated. Let a copy of the Judgment be sent to the concerned authority at once for information and necessary action. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 506. ......gment October 12, 2010. Result: The Rule is discharged. Cases Referred to- Md. Yaqub Vs. Bangladesh Bank, 5 MLR (AD) 137; MA Khaleque Vs. Bangladesh Bank, 5 BLC (AD) 85. Lawyers Involved: Rokonuddin Mahmud with Mustafizur Rahman Khan, Advocates - For the Petitioner..

Category: Banking Law | Date: 12 Oct, 2010 | Hits: 423

Ayub Ali Sheikh alias Buna Vs. State, 2010, 39 CLC (HCD)

....ss his detention is required in connection with any other case. Send down the Lower Court Record at once. Communicate the order at once. Ed. This Case is also Reported in: 63 DLR (2011) 55.......ss his detention is required in connection with any other case. Send down the Lower Court Record at once. Communicate the order at once. Ed. This Case is also Reported in: 63 DLR (2011) 55.......lt: The appeal is allowed. Cases Referred to- State of Himachal Pradesh Vs. Premsing, 2009 CrLJ (SC) 786; Sheikh Zakir Vs. State of Bihar, AIR 1983 (SC) 911; Al-Amin Vs. State 51 DLR 154. Lawyers Involved: Alhaj ABM Nurul Islam, Senior Advocate with Md. Giasuddin Ahmed and Elida Yeasm..

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)

....indings 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: 19 BLC (AD) (2013) 89. ......indings 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: 19 BLC (AD) (2013) 89. ......r SS Khanna Vs. Brig. FJ Dillon, AIR 1964 SC 497;Tara Kant Banerjee Vs. Puddo Money Dossee, (1865) 10 MIA 476:5 WR 63; Jugannath Rac-Dani Vs. Ram Bharosa, LR 60IA 49; 37 CWN 321; AIR 1933 PC 33. Lawyers Involved: Muhammad Mohsen Rashid, Advocate, instructed by Syed Mahbubar Rahman, Advocat..

Category: Civil Law, Election Law | Date: 7 Oct, 2010 | Hits: 8

Khurshed Alam Vs. Abul Kalam and others, 2010, 39 CLC (AD)

....the Ordinance read with the waqf deed made by the Waqif. With the above observation this petition for leave to appeal is dismissed. This Case is also Reported in: 17 MLR (AD) (2012) 233. ......the Ordinance read with the waqf deed made by the Waqif. With the above observation this petition for leave to appeal is dismissed. This Case is also Reported in: 17 MLR (AD) (2012) 233. ...... Vs. Abul Kalam and others………………………Respondents Judgment October 7, 2010. Result: The appeal is dismissed. Lawyers Involved: Zulfiqur Bulbul Chowdhury, Advocate instructed by Syed Mahbubar Rahman, Advoc..

Category: Trust/Waqf Law | Date: 7 Oct, 2010 | Hits: 177

Orascom Telecom Bangladesh Limited Vs. National Board of Revenue and others, 2010, 39 CLC (HCD)

....etitioner prefers appeal before the Tribunal, the limitation in preferring the appeal would not operate as a bar in that event. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 319. ......etitioner prefers appeal before the Tribunal, the limitation in preferring the appeal would not operate as a bar in that event. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 319. ......vt.) 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 petitioner. ..

Category: Fiscal/Taxation Law | Date: 7 Oct, 2010 | Hits: 174

State Vs. Md. Sayab Ali, 2010, 39 CLC (AD)

....kuchi, District-Serajgonj in connection with the case and to admit him on bail to his satisfaction if he makes any prayer in that regard. Ed. This Case is also Reported in: VIII ADC (2011) 256. ......kuchi, District-Serajgonj in connection with the case and to admit him on bail to his satisfaction if he makes any prayer in that regard. Ed. This Case is also Reported in: VIII ADC (2011) 256. ......J The State ...................................................Petitioner Vs. Md. Sayab Ali …………………………………………........Respondent Order October 7, 2010. Lawyers Involved: Motahar Hossain, Deputy Attorney General, instructed by B. Hossain, Advocate-on..

Category: Women and Children | Date: 7 Oct, 2010 | Hits: 126