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State Vs. Tajul Sheikh @ Md. Tajul Shaikh and others, 2010, 39 CLC (HCD)
....ul Houque of village Dakhin Ujanchar, Makhon Baburpara, Police Station-Goalandu Ghat, District-Rajbari be stayed till disposal of the appeal. Ed. This Case is also Reported in:9 ADC (2012) 895. ......ul Houque of village Dakhin Ujanchar, Makhon Baburpara, Police Station-Goalandu Ghat, District-Rajbari be stayed till disposal of the appeal. Ed. This Case is also Reported in:9 ADC (2012) 895. ............................................Petitioner Vs. Tajul Sheikh @ Md. Tajul Shaikh and others...................Respondents Order September 28, 2010. Result: Leave is granted. Lawyers Involved: Biswajit Dev Nath, Deputy Attorney General, instructed by Sufia Khatun, Advocat..Category: Criminal Law | Date: 28 Sep, 2010 | Hits: 15
Ain O Salish Kendra Vs. Bangladesh, 2010, 39 CLC (HCD)
....blic. Art.20. Work as a right and duty.- (1) Work is a right, a duty and a matter of honour for every citizen who is capable of working, and everyone shall be paid for his work on the basis of the principle "from each according to his abilities to each according to his work". (2) The State sha......2007-2008 there are 5.05 million working children between the age of 5 to 14 years, the total number of children being 35.06 million in that age group. It is as well to mention here the provisions of International Labour Organisation (ILO) Convention No.182, which Bangladesh ratified on 12.03.2001. ...... Vs. Bangladesh, 21 BLD (AD) 69 and State Vs. Metropolitan Police Commissioner, 60 DLR 660; M.C. Mehta Vs. State of T.N. and others, (1996) 6 Supreme Court Cases 756; State Vs. Secretary, Ministry of Law Justice and Parliamentary Affairs and others, 30 BLD 369. Lawyers Involved: Dr. Naim Ahmed..Category: Women and Children | Date: 5 Sep, 2010 | Hits: 261
Hasura Begum Vs. Bangladesh and others, 2010, 39 CLC (HCD)
....nt be communicated to the IGP and to the Ministry of Home Affairs and other respondents at once. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 195; 30 BLD (HCD) (2010) 481. ......nt be communicated to the IGP and to the Ministry of Home Affairs and other respondents at once. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 195; 30 BLD (HCD) (2010) 481. ......amp; 13) Cases Referred to- Ramesh Kumari Vs. State (NCT of Delhi), AIR 2006 Supreme Court 1322; State of Haryana and others Vs. Ch. Bhajan Lal and others, AIR 1992 Supreme Court 604. Lawyers Involved: Md. Sultan Uddin, Advocate - For the petitioner. Syed Haider Ali, Advocate -..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)
...., their said right can not be taken away without hearing them. The petitioners should not be prejudiced just because of the latches or negligence on the part of the Sonali Bank. It is a time honoured principle that law is for vigilant and not for indolent. 15. The Artha Rin Adalat Ain, 200......eous Case No. 390 of 2008 (arising out of Artha Rin case No. 291 of 2003) is without lawful authority and is of no legal effect. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 205 ......s.................Responded Judgment August 23, 2010. Result: The rule is made absolute. Cases Referred to- Abul Khair Miah Vs. Abdul Latif Sarker, 32 DLR (AD) 167. Lawyers Involved: Mahmudul Islam with Md. Asaduzzaman with Anita Rahman and Nazia Kabir, Advoca..Category: Banking Law | Date: 23 Aug, 2010 | Hits: 2
Abdur Rashid Gazi Vs. Nur Ali Gazi and others, 2010, 39 CLC (HCD)
....stances. Among other circumstances possession of the property has held to be very important." Relying on this decision, Appellate Division in the subsequent cases also followed the said principles. The learned Advocate for the petitioner also relied on those decisions which are simila......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. ......nd others Vs. Lutfe Ali Chowdhury and others, 49 DLR (AD) 73 = 2 BLC (AD) 33= 17 BLD (AD) 66; Bina Rani Dey and another Vs. Santosh Chandra Dey,51 DLR (AD) 81 = 21 BLD (AD) 99; 34 DLR (AD) 61. Lawyers Involved: Harendra Nath Nondy, Advocate - For the Petitioner. Bivash Chandra Bis..Category: Procedural Law | Date: 10 Aug, 2010 | Hits: 4
Ferdous Khan @ Alamgir Vs. Islami Bank Bangladesh Ltd. and another, 2010, 39 CLC (HCD)
....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. ......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. ......another………………………Opposite party Judgment August 1, 2010. Result: The Rule is made absolute. Case Referred to- Punjtih Ali's case, 29 DLR (SC) 185. Lawyers Involved: Nikhilesh Dutta, Advotae - For the Petitioner Shaheen Ahmed, Advocate - ..Category: Banking Law | Date: 1 Aug, 2010 | Hits: 657
Rehana Begum and another Vs. State, 2010, 39 CLC (HCD)
....sult, the appeal is dismissed. Send down the Lower Court Record at once. Communicate the order at once. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 75; 30 BLD (HCD) (2010) 448. ......sult, the appeal is dismissed. Send down the Lower Court Record at once. Communicate the order at once. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 75; 30 BLD (HCD) (2010) 448. ......; 2009 Cr.L.J. 788 (SC) A; Sharad Birdhichand Sarda Vs. State of Maharashtra, (1984) 4 SCC 116: 1984 SCC (Cri) 487; Ratan Singh Vs. State of Hariyana Prodesh, (1997) 4 SCC 161: 1997 SCC (Crl) 525. Lawyers Involved: Md. Shamsuddin, Advocate - For the appellants. Md. Mosharraf Hossain Sarder..Category: Women and Children | Date: 1 Aug, 2010 | Hits: 227
Md. Zahirul Islam Vs. Adamjee Jute Mills Ltd., 2010, 39 CLC (HCD)
....ntiff opposite party's suit is dismissed. Let a copy of the judgment along with lower Court's record be sent down at once. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 420. ......ntiff opposite party's suit is dismissed. Let a copy of the judgment along with lower Court's record be sent down at once. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 420. ......tance of damages suffered by him and the exact loss caused to him for which the defendant is liable to be called upon to answer his demand.............(17) Case Referred to- 7 MLR 13. Lawyers Involved: A.K.M. Shafiuddin, Advocate - For the petitioner. Jamaluddin Ahmed..Category: Limitation Law | Date: 20 Jul, 2010 | Hits: 38
....
Hence, protection under Article 135 of the Constitution cannot be extended to
him for being outside the class of “persons in the service of the Republic”. There
is no such requirement and the principle of natural justice to serve a show
cause notice is also not applicable if that is exclude......here will be no
order as to costs. The order of stay granted earlier by this court stands
vacated.
Zubayer Rahman Chowdhury J. - I agree.
Ed.
This Case is also
Reported in:
......DLR (AD) 1 at paragraph 7 BSI;
Corporation Vs. Mahbub Hossain, 29 DLR (SC), 41; Bangladesh Parjatan
Corporation Vs. Shahid Hossain Bhuiyan and others, 43 DLR (AD), 154 para-743
DLR (AD), 154.
Lawyers Involved
Dr. Shahdeen Malik, Advocate-For the
Petitioner.
Md. Riyazuddin Khan-For..
Category: Employment/Service Law | Date: 18 Jul, 2010 | Hits: 5
Sonali Bank Vs. Sheikh Anis Uddin Ahmed, 2010, 39 CLC (HCD)
....or the loss but on such application which does not disclose the particulars even to the date of knowledge of the date of death of the deceased, for unexplained unknown reason according to the broad principle of law of limitation, the vested right accrued to the other side after prescribed period o......d. Consequently Appeal from Original Decree No.841 of 1991 is dismissed. No costs. Send down the lower Court records at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 188. ...... to the other side after prescribed period of limitation cannot be wiped out. On such type of application unusual long delay of 9 years 5 months 5 days cannot be condoned………………(4) Lawyers Involved: No one appears. Civil Rule No.379 (f) of 2002 with First Appeal No. 841 of 1..Category: Civil Law | Date: 15 Jul, 2010 | Hits: 49
Abeda Khatun and others Vs. Md. Idris Mia and others, 2010, 39 CLC (HCD)
....joy the benefit of the decree obtained beyond her knowledge and thereby she will be deprived of her fundamental and legal right to enjoy the property as an admitted co-share. 9. It is settled principle of law that a proceeding under section 151 of the Code of Civil procedure cannot be taken......order of stay granted at the time of issuance of the Rule is hereby vacated. Send down the lower Court's record at once. Ed. This Case is also Reported in: 18 BLT (HCD) (2010) 308. ......te. Cases Referred to- Harunor Rashid Talukder Vs Md. Mahbubur Rahman Talukder and others, 1 MLR (AD) 286; Punjab Ali Pramanik and others Vs. Mohd. Mokarram Hossain, 29 DLR (SC) 185. Lawyers Involved: Md. Ashraful Alam, Advocate - For the Petitioner. Shamsuddin Babul wit..Category: Procedural Law | Date: 14 Jul, 2010 | Hits: 3
Ziaur Rahman (Md.) Vs. Artha Rin Adalat & others, 2010, 39 CLC (HCD)
....law and in the light of observations made above. The order of stay granted at the time of issuance of rule stands vacated. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 189. ......law and in the light of observations made above. The order of stay granted at the time of issuance of rule stands vacated. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 189. ......n also his right to challenge that order before the High Court Division cannot be denied on the plea that he did not surrender before the Court which passed that order………………(13) Lawyers Involved: Pankaj Kumar Kundu, Advocate - For the Petitioner. Jahangir Alam, Advoc..Category: Civil Law | Date: 14 Jul, 2010 | Hits: 48
ATM Salim Chowdhury Vs. State, 2010, 39 CLC (HCD)
....anted earlier by this Court shall stand vacated. Communicate the order at once. Salma Masud Chowdhury J. - I agree. Ed. This Case is also Reported in: 31 BLD (HCD) (2011) 494. ......anted earlier by this Court shall stand vacated. Communicate the order at once. Salma Masud Chowdhury J. - I agree. Ed. This Case is also Reported in: 31 BLD (HCD) (2011) 494. ......te party Judgment July 13, 2010. Cases Referred To- Nizamuddin Mahmood Vs. Abdul Hamid Bhuiyan and another, 60 DLR (AD) (2008) 195; Shamsul Alam Vs. State, 60 DLR (2008) 677. Lawyers Involved: Munshi Moniruzzaman, Advocate-For the petitioner. Zoglul Haider Afric, A..Category: Banking Law | Date: 13 Jul, 2010 | Hits: 187
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. ......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. ......d……………………………Petitioner Vs. M/S. Nobel Enterprise………………………………..Opposite party Judgment July 12, 2010. Result: The Rule is discharged. Lawyers Involved: No one appears - For the petitioner. Mohammad Imtiaz Farooq Advocate, with ..Category: Procedural Law | Date: 12 Jul, 2010 | Hits: 28
Kohinoor Chemical Co. (BD) Limited Vs. Unilever Bangladesh Limited, 2010, 39 CLC (HCD)
....in nature and no manufacturer of cosmetic product can claim monopoly over such word and the Court below granted temporary injunction relying upon the similarity of the trade mark which is against the principle of law. 6. The learned Advocate appearing for the respondent opposes the appeal and s...... aforesaid observations Civil Rule No.931 (FM) of 2009 is disposed of. Office is directed to communicate the order at once. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 60. ......ellip;………Respondent Judgment July 11, 2010. Result: The appeal is disposed of. The Civil Rule No.931 (FM) of 2009 is disposed of with observations. Lawyers Involved: Gazi Md. Neamat Hossain, Advocate - For the Appellant. KS Salauddi..Category: Intellectual Property Law | Date: 11 Jul, 2010 | Hits: 269
Monir Hossain (Md.) and anothers Vs. Bangladesh and others, 2010, 39 CLC (AD)
....No.2081 of 2008. The petition is accordingly dismissed. Ed. This Case is also Reported in: 16 BLC (AD) (2011) 41, VIII ADC (2011) 404, 8 LG (AD) (2011) 141, 16 MLR (AD) (2011) 245. ......No.2081 of 2008. The petition is accordingly dismissed. Ed. This Case is also Reported in: 16 BLC (AD) (2011) 41, VIII ADC (2011) 404, 8 LG (AD) (2011) 141, 16 MLR (AD) (2011) 245. ......ia, (1991) 3 SCC 47; State of Haryana Vs. Subhash Chandra Marwala, (1974) 3 SCC 220; Neelima Shangla Vs. State of Haryana, (1986) 4 SCC 268; Jatendra Kumar Vs. State of Punjab, (1985) 1 SCC 122. Lawyers Involved: Abdur Rob Chowdhury, Senior Advocate (with Salauddin Dolon), instructed by Za..Category: Employment/Service Law | Date: 11 Jul, 2010 | Hits: 104
....tment or punishment. This obligation is contained in a number of international treaties binding on Bangladesh. The universally recognized prohibition of torture or other ill-treatment is also a basic principle of customary international law.
b) Article 7 of the International Covenant on Civil and......dicial penalties involves a breach of its obligations under the Constitution and international law to ensure the right to freedom from cruel, inhuman and degrading treatment or punishment.
42. The International Legal Prohibition of Torture or Other III-Treatment is binding on Bangladesh.
“a)......ngladesh and Others………………………..Respondents.
Judgment
July 8, 2010.
Result:
Rules are made absolute.
Case Referred to-
HM. Ershad v. Bangladesh, 2001 BLD (AD) 69.
Lawyers Involved:
Ms. Sara Hossain, Advocate - For the petitioners (In Writ Petition Nos. 5863 of..
Category: Women and Children | Date: 8 Jul, 2010 | Hits: 335
....dly a less developed country in the world and so in consideration of the level of the economic development of the state, imposition of VAT is very much appropriate and not in violation of fundamental principle of state policy of this Constitution. The learned Assistant Attorney General further submi...... of the learned Assistant Attorney General appearing for the petitioners.
Accordingly, the petition is dismissed.
Ed.
This Case is also Reported in: 15 MLR (AD) (2010) 457; 18 BLC (AD) (2013) 52.
......e (NBR), Shegunbagicha, Dhaka, Bangladesh............…Petitioner
Vs.
Advocate Zulhas Uddin Ahmed and others.............Respondents
Judgment
July 8, 2010.
Result:
The petition is dismissed.
Lawyers Involved:
S. M. Moniruzzaman, Assistant Attorney-General instructed by Mrs. Sufia Khatun, A..
Category: Health Law | Date: 8 Jul, 2010 | Hits: 376
Dhirendra Nath Mondal Vs. Agrani Bank Ltd and others, 2010, 39 CLC (HCD)
....3 of 2001 is hereby affirmed. However, there will be no order as to costs. Send down the lower Court's record at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 301. ......3 of 2001 is hereby affirmed. However, there will be no order as to costs. Send down the lower Court's record at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 301. ......Rule 13 of the Civil Procedure Code, the judgment and order of Artha Rin Adalat can be challenged by depositing 50% of the decretal amount. ....... (6) Writ Jurisdiction can not be invoked Law is now settled since special provision of appeal has been made against the decree passed by the ..Category: Civil Law | Date: 7 Jun, 2010 | Hits: 6
Abul Hashem Vs. State, 2010, 39 CLC (HCD)
....on miserably failed to prove the case against the appellants, beyond all reasonable doubt and, as such, the learned trial Court ought to have acquitted the appellants but without considering the said principle of law illegally convicted the appellants. The learned Senior Counsel further submits that......e set at liberty at once if not wanted in connection with any other case. Send down the LC records at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013)16. ......owdhury Vs. State, 11 BLD (AD) 2=42 DLR (AD) 253; State Vs. Musa 15 BLD 169=1 BLC 467; Momin Alais Mominul Hoq Vs. State, 16 BLD 246=48 DLR 282; Abdul Bahar alias Abul Bahar Vs. State, 5 BLD 84. Lawyers Involved: Anisul Haque with Sk Baharul Islam, Advocates—For the Appellants. ..Category: Evidence Law | Date: 26 May, 2010 | Hits: 8
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