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Abdul Hai (Md.) Vs. Bangladesh and others, 2008, 37 CLC (HCD)

....eferring paragraph 16 of the judgment passed by his Lordship Mr. Justice MH Rahman has attempted to rely upon the qualification made by his Lordship in the said judgment, which runs as follows: "A member of the disciplined force can be an aggrieved person and can also move, subject to the provisi......y his all retirement benefits as he is entitled under the law prevailing up to date. However, there shall be no order as to costs. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 485. ......y his all retirement benefits as he is entitled under the law prevailing up to date. However, there shall be no order as to costs. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 485. ..

Category: Employment/Service Law | Date: 18 Nov, 2008 | Hits: 33

United Edible Oils Ltd. Vs. London Steam Ship Owners' Mutual Insurance Association Ltd. and other(s), 2008, 37 CLC (HCD)

....are predicated on the fact that since the owners of the two concerned vessels, i.e. 'MT Asp heron' in Admiralty Suit No. 9 of 2006 and 'MT Champion Ventura' in Admiralty Suit No. 2 of 2007, are the members of the two P&I clubs as act as insurers and indemnifiers and the defendant No. 2 in ea......endants in general, and the defendant Nos. 1 and 2 in particular, submit their Written Statements positively by 4-1-2009. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 244. ......endants in general, and the defendant Nos. 1 and 2 in particular, submit their Written Statements positively by 4-1-2009. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 244. ..

Category: Admiralty Law or Maritime Law | Date: 26 Oct, 2008 | Hits: 17

Bangladesh Jatiyo Mahila Ainjibi Samity (BJMAS) Vs. Ministry of Home Affairs and Others, 2008, 37 CLC (HCD)

....ldren without the prior permission of the Court. It was further directed that respondent No. 4 would allow a visit by the petitioner to the seven children, through its representatives composed of two members once in a week. Another interim order relating to DNA test was passed on that date, which we......or DNA test. The Nari-O-Shishu Nirjatan Case pending in the Court below shall proceed as usual.  Farid Ahmed J.- I agree.  This Case is also Reported in: 61 DLR (HCD) (2009) 371. ......or DNA test. The Nari-O-Shishu Nirjatan Case pending in the Court below shall proceed as usual.  Farid Ahmed J.- I agree.  This Case is also Reported in: 61 DLR (HCD) (2009) 371. ..

Category: Women and Children | Date: 14 Aug, 2008 | Hits: 201

AKM Kamruzzaman Khan Vs. Registrar, Joint Stock Companies and Firms Dhaka and 6 others, 2008, 37 CLC (HCD)

....re the Registrar, on perusal of any document which a company is required to submit to him under the provisions of this Act, or on receipt of a written objection against any such documents from any member of the company, is of opinion that any information or explanation is necessary in order that......rcise any jurisdiction regarding any dispute arising out of the provision of section 193 of the Companies Act, 1994................................(13) Case Referred to- Md. Idris Vs. East Pakistan Timber Merchants Group, 20 DLR (SC) 335; Abdul Muhith Vs. Social Investment Bank Limited, ......to him under the provision of section 193 of the Companies Act, 1994. However, there shall be no order as to cost. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 226. ..

Category: Company Law | Date: 12 Aug, 2008 | Hits: 18

Idrisur Rahman (Md) Vs. Bangladesh, 2008, 37 CLC (HCD)

.... as additional judges, and judges of the High Court Division and judges of Appellate Division of the Supreme Court. 11. Section 3 of the Ordinance stipulates, the Commission will consist of nine members with the Chief Justice as Chairman and the Minister of Law, Justice and Parliamentary Affair......j vs Andhra Pradesh: AIR 1985 SC 551; DC Wadhwa vs. State of Bihar: AIR 1987 SC 579; Surajit Sengupta vs. Election Tribunal, Sylhet, 1981 BLD 132; Sargodha Bhera Bus Service Ltd. vs. Province of West Pakistan 11 DLR (SC) 285; Supreme Court Advocates-on-Record Association vs. Union of India AIR 268 S......e involves substantial questions of law as to the interpretation of the Constitution, which may be decided by the Appellate Division. Ed. This Case is also Reported in: 60 DLR (2008) 714. ..

Category: Constitutional Law | Date: 7 Aug, 2008 | Hits: 236

Mohammad Nasim Vs. State and another, 2008, 37 CLC (HCD)

....a, that the Anti-Corruption Commis­sion on 18.02.2007 vide it's Memo No. Duduk / 70-2007 (Anu:2) / 648 asked the pre­sent appellant to submit statement of wealth acquired by him and other family members and in compliance to the said notice the appel­lant on 25.02.2007 through his lawyer submi......od of 4(four) months to the sat­isfaction of the learned Chief Metropolitan Magistrate, Dhaka. Communicate the order. Ed. This Case is also Reported in: 28 BLD (HCD) (2008) 483. ......od of 4(four) months to the sat­isfaction of the learned Chief Metropolitan Magistrate, Dhaka. Communicate the order. Ed. This Case is also Reported in: 28 BLD (HCD) (2008) 483. ..

Category: Criminal Law | Date: 6 Aug, 2008 | Hits: 4

S.M. Mohiuddin Hossain Vs. Jalalabad Co-Operative Housing Society Limited and others, 2008, 37 CLC (HCD)

.... also pur­chased .37 decimals of land from the said Zafar Ahmed and entered into an agreement with the defendant No.1 in order to develop the land after cutting hill and the plaintiff be­came member of the society and in lieu of two plots of the society he had relinquished his claim over .37...... time of issuance of the rule is hereby vacated. The lower courts record be sent down at once with a copy of the judgment. Ed. This Case is also Reported in: 29 BLD (HCD) (2009) 135. ...... time of issuance of the rule is hereby vacated. The lower courts record be sent down at once with a copy of the judgment. Ed. This Case is also Reported in: 29 BLD (HCD) (2009) 135. ..

Category: Civil Law, Property Law | Date: 5 Aug, 2008 | Hits: 4

Motahera Begum and others Vs. Abdul Monaf and others, 2008, 37 CLC (HCD)

....ule is discharged without and order as to the costs. Lower Courts record be sent down at once with a copy of the judgment. Ed. This Case is also Reported in: 29 BLD (HCD) (2009) 402. ...... R.S. Plot No.110 an area of 11 decimals in R.S. Khatian No.1. The plaintiff’s predecessor was a sailor and that he had no land and property of his own. During the liberation war he was in West Pakistan and he was in service and after liberation of Bangladesh he came to Bangladesh. Since the p......ule is discharged without and order as to the costs. Lower Courts record be sent down at once with a copy of the judgment. Ed. This Case is also Reported in: 29 BLD (HCD) (2009) 402. ..

Category: Property Law | Date: 30 Jul, 2008 | Hits: 2

Md. Karamot Ali Alias Rafique Alias Rafiqul Islam Vs. The State, 2008, 37 CLC (HCD)

....ion that the ac­cused petitioner was not arrested with the phensidyl from the place of occurrence and at the time as alleged by the prosecution. 13. P.W.2 Constable Md. Keramat Ali who was a member of the patrol party stated that they arrested the accused persons and on search recovered 100......tion with any other case. 24. Send down LCR along with a copy of the judgment at once. Ed. This Case is also Reported in: 29 BLD (HCD) (2009) 250.       ......tion with any other case. 24. Send down LCR along with a copy of the judgment at once. Ed. This Case is also Reported in: 29 BLD (HCD) (2009) 250.       ..

Category: Criminal Law | Date: 30 Jul, 2008 | Hits: 5

Nadia Khalil Vs. Rudess Karim, 2008, 37 CLC (HCD)

....he plaintiff who duly married the plaintiff Nadia Khalil on 18.7.2001 and since then she was residing in the defendant's joint family residence at 25 Park Road, Baridhara Dhaka, where other family members including the parents and brother of the husband also lived. The plaintiff gave birth to a ......ir lordship while considering the point of welfare of the minor. 47. In the case of Rahimullah Chowdhury Vs. Mrs. Sayeda Helali Begum and others reported in 20 DLR (SC) 1 the Supreme Courts of Pakistan on the question of custody of minor child held as under; "Paramount consideration i...... However, there shall be no order as to costs. Let a copy of the judgment be sent down to the courts below at once. Ed. This Case is also Reported in: 28 BLD (HCD) (2008) 599.  ..

Category: Family Law | Date: 17 Jun, 2008 | Hits: 19

A.B.M. Khaliquzzaman and others Vs. United Commercial Bank Ltd. and others, 2008, 37 CLC (HCD)

....tset has been that of the maintainability of these Applica­tions given that objections have been raised by the Respondents as to the lotus standi of the Petitioners as to their declared status as members of the Bank to file these Applica­tions as proceed inter alia, under Section 81(2) of the ......ng up of this Order and to report the compliance thereof within 1(one) week thereafter. There is no order as to costs. Ed. This Case is also Reported in: 28 BLD (HCD) (2008) 635. ......ng up of this Order and to report the compliance thereof within 1(one) week thereafter. There is no order as to costs. Ed. This Case is also Reported in: 28 BLD (HCD) (2008) 635. ..

Category: Company Law | Date: 11 Jun, 2008 | Hits: 43

Mohd. Showkot Ali Vs. National Board of Revenue and others, 2008, 37 CLC (HCD)

....l authority and as such, of no legal effect and is accordingly, quashed for the ends of justice. Communicate at once. Ed. This Case is also Reported in: 28 BLD (HCD) (2008) 455. ......l authority and as such, of no legal effect and is accordingly, quashed for the ends of justice. Communicate at once. Ed. This Case is also Reported in: 28 BLD (HCD) (2008) 455. ......l authority and as such, of no legal effect and is accordingly, quashed for the ends of justice. Communicate at once. Ed. This Case is also Reported in: 28 BLD (HCD) (2008) 455. ..

Category: Criminal Law | Date: 18 May, 2008 | Hits: 3

Md. Sadaqat Khan (Fakku) and 10 others Vs. Chief Election Commissioner, Bangladesh Election Commission, 2008, 37 CLC (HCD)

....a copy of this order be sent to the Election Commission at once for guidance and necessary action Md. Ashfaqul Islam J.- I agree Ed. This Case is also Reported in: 60 DLR (HCD) (2008) 407. ......ve Rule as residents of Football Ground Camp at Mirpur excepting petitioner No. 3, resident of Non-local Relief Camp at Mirpur. 3. Their common case, in short, is that before and after creation of Pakistan on 14 August 1947, the ancestors of the petitioners as well as other Urdu-speaking Muslims ......s of 2007. A coordinating meeting was held at Mirpur Uddyan School on 10-11-07 at the invitation of the Commissioner of Ward No. 3 of Dhaka City Corporation in presence of High Officers of Bangladesh Army, District and Thana Election Officers, Local Assistant Registration Officers, Supervisors, Data..

Category: Election Law | Date: 18 May, 2008 | Hits: 122

Zakir Hossain and another Vs. Md. Yousuf Kabir and others, 2008, 37 CLC (HCD)

.... the suit property to the defendants within 30 (thirty) days. As the plaintiffs did not agree to hand over possession of the suit property as per direction given by this Division Hajee Selim, a local member of the parliament mediated the matter and in presence of Alhaj Kazi Md. Masum, Commissioner o......ll the suit property allegedly entered into by one Rasheda Begum, wife of Salimuddin of 321, Lalbag Road, Dhaka on 12.08.92 with the defendants was the basis of the said decree. Rasheda Begum went to Pakistan Via Nepal after liberation of Bangladesh, so the alleged bainapatra was fraudulent and was ......s con­firmed. There will be no order as to costs. Send down the lower court's record immediately. Ed. This Case is also Reported in: 29 BLD (HCD) (2009) 347.   ..

Category: Property Law | Date: 13 May, 2008 | Hits: 5

Chairman, Bangladesh Water Development Board Vs. Md. Abdur Rahman, 2008, 37 CLC (HCD)

....he Courts below stand maintained. Send down the lower Court's record and a copy of the judgment and order to the Court concerned. Ed. This Case is also Reported in:61 DLR (HCD) (2009) 42. ......for a decree for declaration that he is entitled to get gratuity, pension and other service benefit as a regular Government employee. 3. The case of the plaintiff is that he joined the then West Pakistan Water and Power Development Board on 15-12-1961 as Regulator Khalashi and on attaining the ......he Courts below stand maintained. Send down the lower Court's record and a copy of the judgment and order to the Court concerned. Ed. This Case is also Reported in:61 DLR (HCD) (2009) 42. ..

Category: Employment/Service Law | Date: 24 Apr, 2008 | Hits: 50

Sultana Hashem Vs. Government of Bangladesh and others, 2008, 37 CLC (HCD)

....ch a person cannot be de­tained for indefinite period. In the said case the High Court Division observed; "The provision of Rule 16(2) is enabling provision conferring the power upon every member of law and order forces to arrest any person concerned in committing any cogniza­ble offen......served: "This Court has pointed out that whatever may have been the position under the English law or the Government of India Act, 1935, the position under the present Constitution of Pakistan is wholly different, for, by Article 98 (2)b(i) of the Constitution, a duty has been cast ......haka now detained in Dhaka Central Jail, be set at liberty at once, if not wanted in connection with any other case or cases. Ed. This Case is also Reported in: 28 BLD (HCD) (2008) 668. ..

Category: Criminal Law | Date: 21 Jan, 2008 | Hits: 10

Durga Prasad Singh Hazari Vs. Commissioner of Taxes, 2007, 36 CLC (HCD)

....ny property, assessee was bound as head of such undivided family to disclose income of the entire family. The assessee had no right to file separate returns in the name of wife and sons. Ownership of members of an undivided family under Mitakashara School of Hindu law shall apply in case of enjoymen......estions of law formulated in the negative and in favour of the assessee and against the respondent. No cost. Communicate at once. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 397. ......estions of law formulated in the negative and in favour of the assessee and against the respondent. No cost. Communicate at once. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 397. ..

Category: Fiscal/Taxation Law | Date: 12 Dec, 2007 | Hits: 5

Al Haj A.B.M. Mohiuddin Chowdhury Vs. State, 2007, 36 CLC (HCD)

....lowing day i.e. 8.3.2007 he was handed over thee Panchalish police station with report that accused petitioner is elected Mayor, President of Chittagong Metropolitan city Awami League, an influential member of Central Committee of Awami League and Divisional Awami League Co-ordinator. He is an activ......of late Al-haj Hossain Ahmed Chowdhury be enlarged on bail to the satisfaction of the Chief Metropolitan Magistrate, Chittagong. Ed. This Case is also Reported in: 28 BLD (HCD) (2008) 23. ......of late Al-haj Hossain Ahmed Chowdhury be enlarged on bail to the satisfaction of the Chief Metropolitan Magistrate, Chittagong. Ed. This Case is also Reported in: 28 BLD (HCD) (2008) 23. ..

Category: Criminal Law | Date: 2 Dec, 2007 | Hits: 3

Bengal Glass Works Limited Vs. Customs, Excise and VAT Appellate Tribunal, Jotsna Complex, 2007, 36 CLC (HCD)

....78,40,997.85 by crediting the sum to the Current Account of the petitioner. Send down the lower court's record at once. Ed. This Case is also Reported in: 28 BLD (HCD) (2008) 18. ......78,40,997.85 by crediting the sum to the Current Account of the petitioner. Send down the lower court's record at once. Ed. This Case is also Reported in: 28 BLD (HCD) (2008) 18. ......78,40,997.85 by crediting the sum to the Current Account of the petitioner. Send down the lower court's record at once. Ed. This Case is also Reported in: 28 BLD (HCD) (2008) 18. ..

Category: Fiscal/Taxation Law | Date: 26 Nov, 2007 | Hits: 9

Mrs. Zakia Doha Vs. Rajdhani Unnayan Kartipakha, 2007, 36 CLC (HCD)

....hout any order as to costs. 40. Let the lower Court records along with a copy of this judgment be sent down at once. Ed. This Case is also Reported in: 29 BLD (HCD) (2009)  254. ......he petitioner on 14.10.1970 under the Mohammedan Law. Mrs. Atia Siddiqui did not make any written declaration of the alleged oral gift either. However, during the War of Liberation, 1971, she went to Pakistan and lived there. She did never come back to Bangladesh. So the ease property was legally an......hout any order as to costs. 40. Let the lower Court records along with a copy of this judgment be sent down at once. Ed. This Case is also Reported in: 29 BLD (HCD) (2009)  254. ..

Category: Abandoned Properties Law | Date: 15 Nov, 2007 | Hits: 6