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

....cute the officers responsible. The appeal is dismissed with the above observations without any order as to costs. Ed. This Case is also Reported in: 9 ADC (2012) 816, 18 BLC (AD) (2013) 54. ......cute the officers responsible. The appeal is dismissed with the above observations without any order as to costs. Ed. This Case is also Reported in: 9 ADC (2012) 816, 18 BLC (AD) (2013) 54. ......; Parvin Akter (7 BLC (AD) 167). Lawyers Involved: Fida M. Kamal, Senior Advocate, instruct­ed by Mrs. Nahid Sultana, Advocate-on-Record—For the Appellant. Morad Reza, Additional Attorney General, instructed by Mrs. Sufia Khatun, Advocate-on-Record—For Respondent No.1. A. F. Hasan A......cute the officers responsible. The appeal is dismissed with the above observations without any order as to costs. Ed. This Case is also Reported in: 9 ADC (2012) 816, 18 BLC (AD) (2013) 54. ..

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

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. ...... with the Sonali Bank, Moghbazar Branch, Dhaka by the Muktijoddha Council. 3. In the year 2002 while the then Chair­man, Mr. Redwan Ahmed and the then Finance Secretary (at present Secretary General) Shah Alam Chowdhury of Muktijoddha Council were the custodian of the Muktijoddha Coun­c......At the instance of the petitioner 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..

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

State Vs. Secretary, Ministry of Home Affairs (II), 2010, 39 CLC (HCD)

.... with observations. Cases Referred To- State Vs. Secretary, Ministry of Law, Justice & Parliamentary Affairs and others, 29 BLD 656. Lawyers Involved: Md. Motaher Hossain, Deputy Attorney General with Samarendra Nath Biswas, Assistant Attorney General & Md. Jahangir A......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 report to this Court within two weeks specifying where the 145 child......ns. Cases Referred To- State Vs. Secretary, Ministry of Law, Justice & Parliamentary Affairs and others, 29 BLD 656. Lawyers Involved: Md. Motaher Hossain, Deputy Attorney General with Samarendra Nath Biswas, Assistant Attorney General & Md. Jahangir Alam, Assistant A...... 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. ..

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

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. ......) ৬/৪/০৬ ৪৮.৭০ ৫৮.৩৮ ৪/১০/০৬ ৫৮.৩৮ SS General খ) ৪/৭/০৬ গ) ৩/৮/০৬ ......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. ..

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

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

....Al-Amin Vs. State 51 DLR 154. Lawyers Involved: Alhaj ABM Nurul Islam, Senior Advocate with Md. Giasuddin Ahmed and Elida Yeasmin, Advocates-For the Appellants. Md. Mosharraf Hossain Sarder, Deputy Attorney-General with Yesmin Begum Bithi, Assistant Attorney-General-For the Respondent. C......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.......e 51 DLR 154. Lawyers Involved: Alhaj ABM Nurul Islam, Senior Advocate with Md. Giasuddin Ahmed and Elida Yeasmin, Advocates-For the Appellants. Md. Mosharraf Hossain Sarder, Deputy Attorney-General with Yesmin Begum Bithi, Assistant Attorney-General-For the Respondent. Criminal Appeal N...... months more. 2. The prosecution case, in short, is that one Mosammat Farida Khatun wife of Md. Tota Miah of village Pabla, PS District-Rajbari lodged a First Information Report (FIR) with Rajbari Police Station, on 29-8-2004, alleging that on 14-8-2004, at about 5-00 PM, her daughter Mosammat Li..

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)

....ion. The present respondent No.1 and his agents raised objection verbally with regard to the acceptance of the nomination paper of the pres­ent petitioner to which the Returning Officer, i.e. the Deputy Commissioner of Narsingdi (Respondent No.6) did not pay any heed. Consequently, the responden......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. ......(Civil) Present: ABM Khairul Haque CJ Md. Muzammel Hossain J SK Sinha J Kazi Mahmud J Nurul Majid Mahmood Humayun ....................Petitioner Vs. Brigadier General Hassan PSC (Rtd.) and others……Respondents Judgment October 7, 2010.......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. ..

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

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

....ch, 2011 passed by the High Court Division in Civil Revision No. 2022 of 2007 making the Rule absolute. 2. Facts relevant to disposal of this petition for leave to appeal, in short, are that the Deputy Administrator of Waqf, Bangladesh by his order dated 30.05.2001 removed the present petitione......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. ......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. ..

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. ......e and VAT Commissionarate, Chittagong (unreported decision). Lawyers Involved: Rokon Uddin Mahmud with, Md. Asaduzzaman, Advocates - For the petitioner. Murad Reza, Additional Attorney General, S.M. Moniruzzaman and Pratikar Chakma, Assistant Attorney General - For the respondent No. ......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. ..

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

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

................................Petitioner Vs. Md. Sayab Ali …………………………………………........Respondent Order October 7, 2010. Lawyers Involved: Motahar Hossain, Deputy Attorney General, instructed by B. Hossain, Advocate-on-Record-For the Petitioner. Not Rep......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. ..................Petitioner Vs. Md. Sayab Ali …………………………………………........Respondent Order October 7, 2010. Lawyers Involved: Motahar Hossain, Deputy Attorney General, instructed by B. Hossain, Advocate-on-Record-For the Petitioner. Not Represented-For the......jatan Daman Bishesh Adalat now the Nari-o-Shishu Nirjatan Daman Tribunal, Sirajgonj, is directed to secure the arrest of accused-respondent Md. Sayab Ali@ Babu, S/o Abdul Wahab Akanda, Village-Bawra, Police Station-Belkuchi, District-Serajgonj in connection with the case and to admit him on bail to ..

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

Abul Kashem (Md.) Vs. Anti-Corruption Commission and others, 2010, 39 CLC (HCD)

....rruption Commission, Segun Bagicha, Dhaka on 22-4-2009 and 26-4-2009 holding that the allegations against the petitioner could not be established. 6. Thereafter on 16-6-2009, the respondent No.2 Deputy Director and Enquiry officer Anti-Corruption Commission, Dhaka again issued another notice up......order as to cost. The order impugned against is declared to have been passed without lawful authority and is of no legal effect. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 67. ......his wealth and after a prolonged enquiry, the respondent No.1 finally submitted a report to respondent No.4 Director, Anti-Corruption Commission, Divisional Office, Dhaka and respondent No.5 Director General (Inquiry and Investigation) Anti-Corruption Commission, Segun Bagicha, Dhaka on 22-4-2009 an......order as to cost. The order impugned against is declared to have been passed without lawful authority and is of no legal effect. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 67. ..

Category: Anti-Corruption Laws | Date: 5 Oct, 2010 | Hits: 182

State Vs. Tajul Sheikh @ Md. Tajul Shaikh and others, 2010, 39 CLC (HCD)

....titioner 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, Advocate-on-Record—For the Petitioner. Nah......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. ...... 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, Advocate-on-Record—For the Petitioner. Nahida Sultana, Adv......rder dated 22nd February, 2010 of the High Court Division so far it relates to respondent No.1 Tajul Sheikh @ Md. Tajul Shaikh son of Doctor Nurul Houque of village Dakhin Ujanchar, Makhon Baburpara, Police Station-Goalandu Ghat, District-Rajbari be stayed till disposal of the appeal. Ed. This..

Category: Criminal Law | Date: 28 Sep, 2010 | Hits: 15

Ain O Salish Kendra Vs. Bangladesh, 2010, 39 CLC (HCD)

....mentary Affairs and others, 30 BLD 369. Lawyers Involved: Dr. Naim Ahmed, Advocate with Abu Obaidur Rahman, Advocate & Ms. Abanti Nurul, Advocat-For the petitioners. Md. Motaher Hossain, Deputy Attorney General with Samarendra Nath Biswas, Assistant Attorney General & Md. Jahangir A......e submits that in all these cases the children are engaged in work detrimental to their health only for the additional income needed by the family for their survival. 6. Respondent No.2, the Chief Inspector of Factories entered appearance by filing affidavit-in-opposition. In his affidavit-in-opp......and others, 30 BLD 369. Lawyers Involved: Dr. Naim Ahmed, Advocate with Abu Obaidur Rahman, Advocate & Ms. Abanti Nurul, Advocat-For the petitioners. Md. Motaher Hossain, Deputy Attorney General with Samarendra Nath Biswas, Assistant Attorney General & Md. Jahangir Alam, Assistant A......ers….............Respondents Judgment September 5, 2010. Result: The Rule is made absolute. Cases Referred To- HM Ershad 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 Cas..

Category: Women and Children | Date: 5 Sep, 2010 | Hits: 261

Hasura Begum Vs. Bangladesh and others, 2010, 39 CLC (HCD)

.... and others, AIR 1992 Supreme Court 604.  Lawyers Involved: Md. Sultan Uddin, Advocate - For the petitioner. Syed Haider Ali, Advocate - For the respondent No.6. Md. Motaher Hossain, Deputy Attorney General with Samarendra Nath Biswas, Assistant Attorney General and Md. Jahangir Ala......heel Police authority to CID or DB for proper investigation and/or such other or further order or orders passed as to this Court may seem fit and proper."  2. Pending hearing of the Rule, the Inspector General of Police (respondent No.2), Officer-in-Charge of the Motijheel Police Station (re...... 1992 Supreme Court 604.  Lawyers Involved: Md. Sultan Uddin, Advocate - For the petitioner. Syed Haider Ali, Advocate - For the respondent No.6. Md. Motaher Hossain, Deputy Attorney General with Samarendra Nath Biswas, Assistant Attorney General and Md. Jahangir Alam, Assistant Att......VIII of 2000); sections 7/9(1)/30 When any information, either verbally made before the police, or in writing, regarding a cognizable offence is brought to the notice of the Officer-in-charge of a Police Station then the officer is duty bound to record the information on the spe­cific form in ot..

Category: Women and Children | Date: 24 Aug, 2010 | Hits: 187

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. ......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. ..

Category: Banking Law | Date: 1 Aug, 2010 | Hits: 657

Rehana Begum and another Vs. State, 2010, 39 CLC (HCD)

....CC (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, Deputy Attorney General with Ms. Yesmin Begum Bithi, Assistant Attorney General- For the respondent.......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. ......tan 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, Deputy Attorney General with Ms. Yesmin Begum Bithi, Assistant Attorney General- For the respondent.  Crimin......suffer rigorous imprisonment for life and to pay a fine of Tk. 1,00,000/- each. 2. The prosecution case started upon an ejaher lodged on 29.07.2001 by the informant (P.W.1) Md. Afsar Ali, with the Police Station Gurudaspur, District-Natore, alleging, amongst others, that on 27.07.2001, at about 1..

Category: Women and Children | Date: 1 Aug, 2010 | Hits: 227

S.M. Saiful Hasan Vs. Director General, Bangladesh Sugarcane Research Institute and others, 2010, 39 CLC (HCD)

....and was placed with the then Sugarcane Research and Training Institute (now, Bangladesh Sugarcane Research Institute) (in short, BSRI). That the petitioner was subsequently promoted to the post of Deputy Chief Publication Officer on 19.7.1986 on ad-hoc basis and later he was regularised with eff......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: ...... (Special Original Jurisdiction) Present: Zubayer Rahman Chowdhury J Farah Mahbub J S.M. Saiful Hasan……………….....................Petitioner Vs. Director General, Bangladesh Sugarcane Research Institute and others…......Respondents Judgment J......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: ..

Category: Employment/Service Law | Date: 18 Jul, 2010 | Hits: 5

General Manager, Meghna Petroleum Ltd. and others Vs. Sultan Ahmed and others, 2010, 39 CLC (AD)

.... disposed of in the High Court Division expeditiously. This appeal is disposed off with the above observations and directions. Ed. This Case is also Reported in: 20 BLC (AD) (2015) 1 ...... disposed of in the High Court Division expeditiously. This appeal is disposed off with the above observations and directions. Ed. This Case is also Reported in: 20 BLC (AD) (2015) 1 ......l Karim CJ   Md. Abdul Matin J   Shah Abu Nayeem J   Mominur Rahman J    ABM Khairul Haque J Md. Muzammel Hossain J Surendra Kumar Sinha J General Manager, Meghna Petroleum Ltd. and others ..........Appellants Vs. Sultan Ahmed an...... disposed of in the High Court Division expeditiously. This appeal is disposed off with the above observations and directions. Ed. This Case is also Reported in: 20 BLC (AD) (2015) 1 ..

Category: Constitutional Law | Date: 13 Jul, 2010 | Hits: 4

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. ...... section 44A(1) of the Code, we are to take the aid of Sections 2(4), 3, 15, 24, 38 and 39 of the Code, sections 3, 10, 18, 20 and 21 of the Civil Courts Act (briefly as Act) and section 3(15) of the General Clauses Act, 1897. Sections 3 and 10 of the Act read as hereunder: "3. There shall be ......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. ..

Category: Procedural Law | Date: 12 Jul, 2010 | Hits: 28

Monir Hossain (Md.) and anothers Vs. Bangladesh and others, 2010, 39 CLC (AD)

....uddin Dolon), instructed by Zahirul Islam, Advocate-on-Record—For the Petitioner (In Civil Petition No.2081 of 2008). Murad Reza, Additional Attorney General (with Akram Hossain Chowdhury, Deputy- Attorney-General, instructed by ASM Khalequzzaman, Advocate-on-Record—For the Responde......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. ......Dr. M Zahir, Senior Advocate (with Salauddin Dolon), instructed by Zahirul Islam, Advocate-on-Record—For the Petitioner (In Civil Petition No.2081 of 2008). Murad Reza, Additional Attorney General (with Akram Hossain Chowdhury, Deputy- Attorney-General, instructed by ASM Khalequzzaman, 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. ..

Category: Employment/Service Law | Date: 11 Jul, 2010 | Hits: 104

Bangladesh Legal Aid and Services Trust and Others Vs. Government of Bangladesh and Others, 2010, 39 CLC (HCD)

...., Ain-o-Salish Kendra (ASK) was also impleaded as the co-petitioner No.2 on 7.2.2010 with the consent of the original petitioner. On the date of issuance of the Rule, we directed respondent No.3, the Deputy Commissioner, Brahmanbaria and respondent No.4, the Officer-in-Charge, Kasba Police Station, ...... Petitions. 53. Let a copy of the judgment be communicated to the Ministry of Local Government and Rural Development, the Ministry of Home Affairs, Ministry of Women and Children's Affairs and the Inspector General of police by a special messenger of the Court at the costs of the office. Ed. ......men has held that violence against women "impairs or nullifies the enjoyment by women of human rights and fundamental freedoms under general international law. e) The Human Rights Committee in its General Comment No.7 has stressed that the prohibition on torture and other ill-treatment, "must ext...... with the consent of the original petitioner. On the date of issuance of the Rule, we directed respondent No.3, the Deputy Commissioner, Brahmanbaria and respondent No.4, the Officer-in-Charge, Kasba Police Station, Brahmanbaria to produce the victim before this Court on 24.1.2010. In obedience of t..

Category: Women and Children | Date: 8 Jul, 2010 | Hits: 335