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Mahbub Ahmed Chowdhury Vs. Chief Election Commissioner and others, 2011, 40 CLC (AD)
....he President promulgated the Representation of the People (Amendment) Ordinance, 2008 (Ordinance No.42 of 2008) by amending Representation of the People Order, 1972 (P.O. No.155 of 1972) which was published in the Official Gazette on 19-8-2008" giving its effect on the same date. Due to this ame......he existing provisions of a statute . . . a law is amended when it is in whole or in part permitted to remain and something is added to, or taken from it, or it is in some way changed or altered in order to make it more complete or perfect or effective . . . an amendment is not the same as a repe...... Ed. This Case is also Reported in: 65 DLR (AD) (2013) 283. ...... Supreme 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 J..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)
....ereafter the decree holder-bank filed Artha Rin Execution Case No.104 of 2005 in the Artha Rin Adalat, Faridpur on 19.6.2005. In course of proceedings in the said execution case, auction notices were published under section 33 (1) (4) of the Ain and attempts were made twice to sell the mortgaged pro...... Writ Petition No. 8197 of 2010 Judgment Md. Ruhul Quddus J.- This Rule Nisi, at the instance of a legal heir of a judgment debtor in a mortgage decree, was issued calling in question orders dated 1.7.2009 and 6.9.2009 passed by the Artha Rin Adalat, Faridpur in Artha Rin Execution C......e decree holder-bank after issuance of the certificate. Nazmun Ara Sultana J.- I agree. Ed. This Case is also Reported in: ...... High Court 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….... Respondent..Category: Banking Law | Date: 20 Jan, 2011 | Hits: 233
Mirza Ahsan Habib Vs. Judge, Artha Rin Adalat, Khulna and another, 2011, 40 CLC (HCD)
....r section 33 (5) of the Ain will, however, remain with the bank and may also be disposed of in accordance with law. Nazmun Ara Sultana J.- I agree. Ed. This Case is also Reported in: ......For the Respondent. Writ Petition No. 4236 of 2009. Judgment Md. Ruhul Quddus J. - This Rule, at the instance of a judgment-debtor in a mortgage decree, was issued calling in question order dated 12.11.2007 passed by the Judge, Artha Rin Adalat, Khulna in Artha Rin Execution Case No.......bank and may also be disposed of in accordance with law. Nazmun Ara Sultana J.- I agree. Ed. This Case is also Reported in: ......vision (Special Original Jurisdiction) Present: Nazmun Ara Sultana J Md. Ruhul Quddus J Mirza Ahsan Habib………………………………………………………Petitioner Vs. The Judge, Artha Rin Adalat, Khulna and another………....Respondents Judg..Category: Banking Law | Date: 19 Jan, 2011 | Hits: 305
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.......me are not at all true and voluntary. 6. The learned Judge of the Tribunal below having heard both the parties and considering the evidence and materials on record passed the impugned Judgment and order of conviction and sentence dated 4.5.2005 convicting all the above named 5 accused persons inc......efault 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.......lso Reported 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)
....f children, both boys and girls, studying in governmental and non-governmental primary and secondary educational institutions, including madrashas, in particular those reported in a series of reports published in national newspapers during 2010. Also impugned is the failure of the respondents to com......mercilessly beaten for laughing at another girl who had dropped her bag. This occurrence took place in a school in Demra, Dhaka not far from these Court premises. On the same day this Court passed an order directing the respondents No.1 to 7 to initiate immediate action to investigate the incident w......sation set up in 2001 to campaign for worldwide prohibition by law of all corporal punishment of children, whether by parents or schools. ...... Md. Imman 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. ......arly when such statements are full of embellishment and contradictions, without corroboration in material particulars by reliable testimony, direct or circumstantial. Consequently, we set aside the order of conviction and sentence passed against the appellant and give him benefit of doubt. He st......ediately. Send down the Lower Court Records. Communicate this Order at once. Ed. This Case is also Reported in: 16 BLC (2011) 816. ......at Ahmed J Md. Habibul Gani J State.........................................................Appellant Vs. Alam......................................................Condemned-Prisoners Judgment January 11, 2011. Cases Referred to- Dilawar Singh Vs. State of..Category: Women and Children | Date: 11 Jan, 2011 | Hits: 176
....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.
......
Md. Aftab Hossain, Advocate-on-Record—For the Respondent No. 2.
None Represented—For the Respondent Nos. 1 & 3-7.
Civil Appeal No. 237 of 2002
(From the judgment and order dated 4-6-2000 passed by the High Division in PMA No.95 of 1990)
Judgment
Md. Muzamm.......
Ed.
This Case is also Reported in: 20 BLC (AD) (2015) 66.
......
AKM Nazrul Islam, Senior Advocate instructed by Syed Mahbubar Rahman, Advocate-on-Record—For the Appellant.
Md. Aftab Hossain, Advocate-on-Record—For the Respondent No. 2.
None Represented—For the Respondent Nos. 1 & 3-7.
Civil Appeal No. 237 of 2002
(F..
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 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. ......sioner of Taxes, Company Circle No.7, Zone-3, Dhaka has assessed taxes of the petitioner from 1996-97 up to 2006-2007 against which appeal was filed before the Tax Appellate Tribunal which upheld the order of the Respondent No.2 and the petitioner by reference moved the High Court Division against t......of stay granted earlier by this Court is hereby vacated and recalled. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 29. ...... Supreme Court 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…………………………..Re..Category: Fiscal/Taxation Law | Date: 13 Dec, 2010 | Hits: 48
Mahfuzur Rahman and another Vs. Government of Bangladesh and others, 2010, 39 CLC (HCD)
....াতক কোর্সের ছাত্র-ছাত্রী ভর্তি অধ্যাদেশ, they were found eligible for admission. The university by its Memo No. 953 dated 21-3-2004 published the result of the Admission Test. Having been qualified in the Admission Test, the petitio...... 2010 Result: The Rule is discharged. Applicability of the principle of 'locus penitentiae' under Section 21 of the General Clauses Act- The authority competent to make an order has the power to undo the same; but the order cannot be withdrawn or rescinded once it has tak......to costs. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 171 ......reme Court 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 ..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. ....... 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). Ju......eby restored. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 100. ...... Nur Hossain Chawdhury, Advocate, instructed by Md. Nawab Ali, Advocate-on-Record—For the Appellants. 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 judg..Category: Property Law, Tenancy Law | Date: 8 Dec, 2010 | Hits: 12
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. ......yan, Advocate-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) Jud...... is also Reported in: 65 DLR (AD) (2013) 308; 21 BLT (AD) (2013) 309. ......eme Court 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 D..Category: Civil Law | Date: 6 Dec, 2010 | Hits: 5
Hasna Ahmad Vs. State and another, 2010, 39 CLC (HCD)
....e wife of one Engineer Afsaruddin Ahmad, an ex-Member of Parliament, Bangladesh. She is a Director of Bastu Shilpi Group of Companies, a conglomerate of 6(six) companies. However, a tender notice was published in the Daily Ittefaq on 23-6-2004 for sale of numerous RAJUK properties. In response to th......08. A Division Bench of the High Court Division granted her ad-interim anticipatory bail for a period of 6(six) months. Be that as it may, she could not obtain the certified copy of the bail-granting order and, as such, she could not furnish bail bond before the 3rd Court of the Special Judge, Dhaka...... 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. ......neous Jurisdiction) Present: Moyeenul Islam Chowdhury J AKM Abdul Hakim J Hasna Ahmad……………………………Petitioner Vs. State and another……………………..Category: Anti-Corruption Laws | Date: 1 Dec, 2010 | Hits: 189
....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
......lawful authority and is of no legal effect and that why they should not be directed to release the said lentils. In the said writ petition, at the time of issuance of rule on 26-8-2010, an ad-interim order was passed by this court directing the Deputy Commissioner, Customs, Excise and Vat, Hilli Cus......o order as to costs.
Ed.
This Case is also Reported in: 65 DLR (HCD) (2013) 191
......t
High Court Division
(Civil)
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..
Category: Fiscal/Taxation Law | Date: 11 Nov, 2010 | Hits: 3
....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
......lawful authority and is of no legal effect and that why they should not be directed to release the said lentils. In the said writ petition, at the time of issuance of rule on 26-8-2010, an ad-interim order was passed by this court directing the Deputy Commissioner, Customs, Excise and Vat, Hilli Cus......o order as to costs.
Ed.
This Case is also Reported in: 65 DLR (HCD) (2013) 191
......t
High Court Division
(Civil)
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..
Category: Fiscal/Taxation Law | Date: 11 Nov, 2010 | Hits: 5
Fatema Begum Vs. The Artha Rin Adalat, Narayangonj and others, 2010, 39 CLC (HCD)
....ver, respondent No.2 denied the material facts of the writ petition in an evasive manner. 6. Respondent No. 4 filed his affidavit–in-opposition stating, inter alia, that the auction notices were published in two dailies namely “The Daily Amar Desh” and “The Daily Shitalakkha” on 2.2.201......t No. 2. 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, Narayang......end 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: ......reme Court 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..Category: Banking Law | Date: 11 Nov, 2010 | Hits: 14
Ms. Syeda Rizwana Hasan Vs. Bangladesh and others, 2010, 39 CLC (AD)
....ter plan includes maps and such descriptive matters to illustrate the sites of proposed roads, public and other buildings, fields, parks, pleasure grounds and other open spaces. A master plan must be published in the official gazette by the Government after it has been prepared by the authority. The......ocate, 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.) Judgmen...... to costs. Ed. This Case is also Reported in: 9 ADC (2012) 816, 18 BLC (AD) (2013) 54. ......petition if a public spirited person or organisation comes to Court on their behalf. In other words, more clearly the underprivileged or the poor who are unable to come to Court due to illiteracy or monetary helplessness, a petition on their behalf will be welcomed. The litigation must have been i..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 ......use as to why the proceedings of CR Case No.54 of 2008 under section 408 of the Penal Code, now pending in the Court of Senior Judicial Magistrate, Nilphamari, should not be quashed or any other order passed as this Court may deem fit and proper. 2. By the same Rule issuing order, all pro&...... a copy of the judgment and order to the Court below immediately. Ed. This Case is also Reported in: 66 DLR (HCD) (2014) 114 ...... High Court Division (Criminal Miscellaneous Jurisdiction) Present: Khondker Musa Khaled J Md. AzizulHaque J Shanik Chandra Barmon..............................Accused-Petitioner Vs. State and another……………………..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. ......Special Judge, Dhaka. 24. We, therefore, hold that this writ petition does not merit any substance which should be discharged outright. 25. In the result, the Rule is discharged without any order as to cost. However, during trial the petitioner shall continue on bail already granted to him...... of stay granted earlier by this Court is hereby vacated and recalled. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 70. ......HCD) (2011) 70. ..Category: Anti-Corruption Laws | Date: 25 Oct, 2010 | Hits: 211
State Vs. Secretary, Ministry of Home Affairs (II), 2010, 39 CLC (HCD)
....ant Attorney General & Md. Jahangir Alam, Assistant Attorney General-For the respondents. Suo Motu Rule No.15 of 2010. Judgment Md. Imman Ali J. - A report in the Daily Star published on 29.09.2010 under the caption “Keep child prisoners in correction centres instead of j......d on that date directing the Secretary, Ministry of Home Affairs and the Inspector General of Prisons to report to this Court within two weeks specifying where the 145 children were being held and by order of what authority they were being so held. The Secretary, Ministry of Social Welfare was also ...... communicated to the respondents at once. Obaidul Hassan J. - I agree. This case is also Reported in: 8 LG (2011) HCD 293. ...... Supreme Court High Court Division (Special Original Jurisdiction) Present: Md. Imman Ali J Obaidul Hassan J The State.....................................Petitioner Vs. The Secretary, Ministry of Home Affairs, Bangladesh Secretariat, Dhaka and oth..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. ......d Jamiruddin 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) Judgm......ed. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 80. ......e Court Appellate Division (Civil) Present: ABM Khairul Haque CJ Md. Muzammel Hossain J SK Sinha J British American Tobacco Bangladesh Company Ltd............Petitioner Vs. Begum Shamsun Nahar.......................Respondent Judgment Octobe..Category: Women and Children | Date: 13 Oct, 2010 | Hits: 21
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