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Nazimuddin (Md.) Chairman Vs. Government of Bangladesh, 2008, 37 CLC (HCD)

.... and discussions as made above, we do not find any merit in this Rule which is accordingly, discharged without any order as to cost. This Case is also Reported in: 61 DLR (HCD) (2009) 81. ......t contention of Mr. Ajmalul Hossain is that the sanction in the instant case is coram non judice as it was accorded by the NBR in its meeting presided over by its Chairman who was not a member of the Board and further, that the sanction is also bad in law as it was given without giving prior notice ...... and discussions as made above, we do not find any merit in this Rule which is accordingly, discharged without any order as to cost. This Case is also Reported in: 61 DLR (HCD) (2009) 81. ...... The Anti Corruption Commission Act, 2004 (Act No. V of 2004); Section 32 (1) & (2) The Anti Corruption Commission Rules, 2007; Rule 15 (2) 'Sanction' is an administrative act and isn’t subject to any judicial scrutiny……………..(21) ..

Category: Anti-Corruption Laws | Date: 4 Dec, 2008 | Hits: 149

MM Ali Ispahani Vs. MM Ispahani Ltd., 2008, 37 CLC (HCD)

....tral Calcutta, AIR 1959 (SC), 775 R. Mathalone Vs. Bombay Life Assurance Co. Ltd. AIR 1953 (SC), 385; Ebrahimi Vs. Westbourne Galleries Ltd. [1973] AC 360, [1972] 2 All ER 492, M/s. Nibro Limited Vs. National Insurance Co. Ltd. AIR 1991 Delhi; United Bank of India Vs. Naresh Kumar and others, AIR 1......e Petitioner No. 1 and 3,000 shares transferred to his daughter in 1971, was done fraudulently. Given that the Respondent Nos. 2 to 6 at the time of the making of this request were the members of the Board of Directors of the Hussainia Trust and also members of the Board of Directors of the Company ...... Trust is being handed back to the learned Advocate for the Respondent Nos. 1 to 6 today. There is no order as to costs. Ed. This Case is also Reported in: 29 BLD (HCD) (2009) 206. ......ial Original Jurisdiction) Present: Syed Refaat Ahmed J MM Ali Ispahani, son of Late Mirza Mahmood Ispahani, resident of Flat No.4 Mansion, Ispahani Colony Maghbazar, P.S. Ramna, Dhaka and others….................... Petitioners. Vs. MM Ispahani Ltd., 14-15 Motijheel ..

Category: Company Law | Date: 4 Dec, 2008 | Hits: 505

Khabiruddin Ahmed Vs. Government of the People's Republic of Bangladesh and others, 2008, 37 CLC (HCD)

....ving promotion to the post of Deputy Director as per provision of Bangladesh Water Development Board (Employees) Service Rules. 1982. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 689. ......t and why a direction should not he given upon them to consider the case of the petitioner for promotion to the post of Deputy Director in General Administrative Cadre of Bangladesh Water Development Board as per provision of Rules applicable to his service. 2. The short facts of the case of the pet......ving promotion to the post of Deputy Director as per provision of Bangladesh Water Development Board (Employees) Service Rules. 1982. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 689. ......cial Original Jurisdiction) Present: AFM Abdur Rahman J SM Emdadul Hoque J Khabiruddin Ahmed…………………….Petitioner Vs. Government of the People's Republic of Bangladesh and others………………………Respondents Judgment November 9, 2008. Result: The ..

Category: Employment/Service Law | Date: 9 Nov, 2008 | Hits: 117

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

....d stated that till 2-30 p.m. she was not given any food.  Therefore, we have decided that till completion of the DAN test, the seven children shall remain in the interim custody of Bangladesh National Women Lawyers Association and Bangladesh Society for Enforcement of Human Rights represente......n children at a time in absence of any doctor and the news was published in different papers and electronic media.  Those news reports did not reflect the actual state of affairs. The Medical Board constituted for DNA test directed respondent Nos. 4 and 6 to appear before the Board for test ......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. ......)  Present:  Syed Mahmud Hossain J  Farid Ahmed J  Bangladesh Jatiyo Mahila Ainjibi Samity (BJMAS)....... ....Petitioner  Vs.  Ministry of Home Affairs and Others.............. Respondents  Judgment  August 14, 2008.  Result:&nb..

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)

....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. ......ernment and the company Later 400 shares of the company Messrs R Zaman and Company Limited of different share holders have been sold and transferred to the writ petitioner under the approval of the Board of Directors of the Company dated 1-4-1995 which was further approved by the respondent No. ......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. ......n (Special Original Jurisdiction) Present: AFM Abdur Rahman J SM Emdadul Hoque J AKM Kamruzzaman Khan …………Petitioner Vs. Registrar, Joint Stock Companies and Firms Dhaka and 6 others …………Respondents Judgment August 12, 2008. Resul..

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

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

....ecutive has accepted the judicially devised procedure for appointment of judges of superior Courts. But I want to remind the learned advocates that in India also an endeavour was made to constitute a National Judicial Commission for selecting competent persons for appointment to the post of judges o......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. ......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. ...... Ahsanullah vs. Bangladesh 44 DLR 179; Venkata Reddy vs. Andhra Pradesh: AIR 1985 SC 724; Nagraj vs. Andhra Pradesh: AIR 1985 SC 551 A K Roy vs. India: AIR 1982 SC 710, 725, Peergada Kazi Shariatulla and others vs. Bangladesh in Writ Petition No. 2207 of 2008; M Shamsul Huque and others vs. Banglade..

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

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

.... without any improve­ment. It is also asserted that he has been suf­fering from serious illness endangering life as reflected on various news items on different dates published in almost all the National Daily Newspapers (Annexure-X series) stat­ing the critical condition of his health; that ......ars, when the appeal could not be disposed of within 90 working days for no fault of the appellant and/or in the case of serious illness endangering life to be certified by duly constituted Medical Board, may consider the matter of granting bail in an appropriate case in an appeal." In this obse......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. ......sent: Md. Muzammel Hossain J Syed AB Mahmudul Huq J Mohammad Nasim……………………………………………………………………….Appellant Vs. The State and another…………………………………………………………………Respondents ..

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)

.... 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. ......puty Commissioner, Police Commissioner and other authorities informing about the illegal activities of the defendants. The plaintiff also got his land measured through Additional Deputy Commissioner, Revenue and the de­fendants threatened to demolish the plaintiffs new constructed wall and house......Md. Dabirush-Shan J S.M. Mohiuddin Hossain…………………………Petitioner Vs. Jalalabad Co-Operative Housing Society Limited and others………….Opposite Parties Judgment August 5, 2008. ..

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

State Vs. Metropolitan Police Commissioner, Khulna and others, 2008, 37 CLC (HCD)

....y the Department of Social Services.  With the above observations and directions the Rule is disposed of. Md. Emdadul Huq J. - I agree. This Case is also Reported in: 60 DLR (HCD) 660. ......y the Department of Social Services.  With the above observations and directions the Rule is disposed of. Md. Emdadul Huq J. - I agree. This Case is also Reported in: 60 DLR (HCD) 660. ......y the Department of Social Services.  With the above observations and directions the Rule is disposed of. Md. Emdadul Huq J. - I agree. This Case is also Reported in: 60 DLR (HCD) 660. ......pecial Original Jurisdiction) Present: Md. Imman Ali J Md. Emdadul Huq J The State.......................................Petitioner Vs. The Metropolitan Police Commissioner, Khulna and others..............Respondents Judgment July 22, 2008. Result: The Rule is disposed..

Category: Women and Children | Date: 22 Jul, 2008 | Hits: 147

Reckitt Benckiser (Bangladesh) Ltd. Vs. Oram Limited, Sale Centre, 2008, 37 CLC (HCD)

.... of the either of the parties. The office is directed to send a copy of this judgment to the court below immedi­ately. Ed. This Case is also Reported in: 29 BLD (HCD) (2009) 238. ......les are read to­gether along with the definition of the Bangla­deshi Company as given in various clauses of section 2 of the Companies Act, 1994 (the Act, 1994) it would appear that it is the Board of Directors of the company which controls the affairs and the business of the company. Mr. Hu...... of the either of the parties. The office is directed to send a copy of this judgment to the court below immedi­ately. Ed. This Case is also Reported in: 29 BLD (HCD) (2009) 238. ......p;……………….Opposite Party  Judgment July 13, 2008. Result: The Rule is made absolute. Case Referred to- Punjab Ali Pramanik and others Vs. Mohd. Mokarram Hossain, 29 DLR (SC) 185. Lawyers Involved: Rafique-ul-Huq w..

Category: Alternative Dispute Resolution | Date: 13 Jul, 2008 | Hits: 18

City Bank Ltd. Vs. Artha Rin Adalat No.1 Dhaka and others, 2008, 37 CLC (HCD)

.... of a statute or a statutory provision is challenged, where the alternative remedy is not efficacious or ade­quate…………………………(22) Cases Referred to- Zahirul Islam Vs. National Bank Ltd., 46 DLR (AD) 191; Gazi M Towfic Vs. Agrani Bank, 54 DLR (AD) 6; BADC Vs. Artha ......sult, the Rule is discharged with­out any order as to cost. The order of stay granted earlier by this Court stands vacated. Ed. This Case is also Reported in: 13 BLC (HCD) (2008) 911. ......sult, the Rule is discharged with­out any order as to cost. The order of stay granted earlier by this Court stands vacated. Ed. This Case is also Reported in: 13 BLC (HCD) (2008) 911. ......ion (Special Original Jurisdiction) Present: Zinat Ara J Sheikh Abdul Awal J City Bank Ltd…………………………Petitioner Vs. Artha Rin Adalat No.1 Dhaka and others………………………..Respondents Judgment June 17, 2008. Result: ..

Category: Civil Law | Date: 17 Jun, 2008 | Hits: 7

Unilever Bangladesh Ltd. Vs. Chairman, National Board of Revenue and others, 2008, 37 CLC (HCD)

....Court Division (Special Original Jurisdiction) Present: Mirza Hussain Haider J Mamnoon Rahman J Unilever Bangladesh Ltd. …………….Petitioner Vs. Chairman, National Board of Revenue and others………………Respondents Judgment June 11, 2008.......ision (Special Original Jurisdiction) Present: Mirza Hussain Haider J Mamnoon Rahman J Unilever Bangladesh Ltd. …………….Petitioner Vs. Chairman, National Board of Revenue and others………………Respondents Judgment June 11, 2008. Res...... (Special Original Jurisdiction) Present: Mirza Hussain Haider J Mamnoon Rahman J Unilever Bangladesh Ltd. …………….Petitioner Vs. Chairman, National Board of Revenue and others………………Respondents Judgment June 11, 2008. Result: ......al Original Jurisdiction) Present: Mirza Hussain Haider J Mamnoon Rahman J Unilever Bangladesh Ltd. …………….Petitioner Vs. Chairman, National Board of Revenue and others………………Respondents Judgment June 11, 2008. Result: These R..

Category: Fiscal/Taxation Law | Date: 11 Jun, 2008 | Hits: 9

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

....nder the Companies Act, 1956, and which has been granted a certificate of registra­tion under sub-section (1A) of section 12 of the Securities and Exchange Board of India Act, 1992. Presently the National Securities Depository Limited (NSDL) is the company which has been authorized to function .........................Petitioner (In Matter No.05 of 2008) Vs. United Commercial Bank Ltd., 60 Motijheel Commercial Area, Dhaka repre­sented by Mirza Mohammad Rofiqur Rah­man, Secretary, Board of Directors and others...............................................Respondents (In Matter ......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. ......HCD) (2008) 635. ..

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

Haji Nasirullah and another Vs. Government of Bangladesh and others, 2008, 37 CLC (HCD)

....nd) took step for recovery of the khas land measuring 6.30 acres of R.S. plot No.2357. Respondent No.9 issued a letter to the Deputy Commissioner by memo dated 25.5.1998 informing the decision of the National Economic Committee regarding (1) the use of Government khas land in implementing the develo......ed. No order as to costs. The Rule issued in Writ Petition No.3071 of 2008 is discharged without any order as to costs. Ed. This Case is also Reported in: 29 BLD (HCD) (2009) 7. ......ed. No order as to costs. The Rule issued in Writ Petition No.3071 of 2008 is discharged without any order as to costs. Ed. This Case is also Reported in: 29 BLD (HCD) (2009) 7. ......lip;Petitioner (In Writ Petition No.1448 of 2008) Md. Hasan...................................................Petitioner (In Writ Petition No.3071 of 2008) Vs. Government of Bangladesh and others............Respondents Judgment June 12, 2008. Result: Writ Petition ..

Category: Property Law | Date: 8 Jun, 2008 | Hits: 11

Hormuz Sikder & others Vs. Ayub Ali Sikder & others, 2008, 37 CLC (HCD)

....s from the date of receipt of this judgment. There will be no order as to costs. Ed. This Case is also Reported in:  29 BLD (HCD) (2009) 271.       ......s from the date of receipt of this judgment. There will be no order as to costs. Ed. This Case is also Reported in:  29 BLD (HCD) (2009) 271.       ......Divi­sion Bench of this court held to the effect: "The plaintiffs are not debarred from fill­ing (sic) the instant suit for partition even if they were unsuccessful (sic) before the Revenue authorities as aforesaid. The cause of action for a partition suit being recurring one, the ......p;…Opposite Parties Judgment May 26, 2008. Result: The Rule is discharged. It is an admitted legal position that there is no limitation for filing a suit for partition and unless there is a total ouster of the right of a co-sharer from the ejmali property he shall be ..

Category: Property Law | Date: 26 May, 2008 | Hits: 3

Harmuj Sikder & others Vs. Ayub Ali Sikder & others, 2008, 37 CLC (HCD)

....preferably within 6(six) months from the date of receipt of this judgment. There will be no order as to costs. Ed. This Case is also Reported in: 28 BLD (HCD) (2008) 457.  ......preferably within 6(six) months from the date of receipt of this judgment. There will be no order as to costs. Ed. This Case is also Reported in: 28 BLD (HCD) (2008) 457.  ......r, and a Division Bench of this court held to the effect: "The plaintiffs are not debarred from filling (sic) the instant suit for partition even if they were unsuccessful (sic) before the Revenue authorities as aforesaid. The cause of action for a partition suit being recurring one, the......ction to bring a suit for partition subsists even after dismissal of the earlier suit for default under rule 8 of Order 9 of the Code. There is no limitation for filing a suit for partition and unless there is a total ouster of the right of a co-sharer from the ejmali property he shall be..

Category: Property Law | Date: 26 May, 2008 | Hits: 7

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

....isdiction) Present: Mohammad Abdur Rashid J Md. Ashfaqul Islam J Mohd. Showkot Ali………………………………………………………….Petitioner Vs. National Board of Revenue, Represented by its Chairman, Segunabagicha, Dhaka and others………â€......) Present: Mohammad Abdur Rashid J Md. Ashfaqul Islam J Mohd. Showkot Ali………………………………………………………….Petitioner Vs. National Board of Revenue, Represented by its Chairman, Segunabagicha, Dhaka and others………………â€......esent: Mohammad Abdur Rashid J Md. Ashfaqul Islam J Mohd. Showkot Ali………………………………………………………….Petitioner Vs. National Board of Revenue, Represented by its Chairman, Segunabagicha, Dhaka and others…………………………......am J Mohd. Showkot Ali………………………………………………………….Petitioner Vs. National Board of Revenue, Represented by its Chairman, Segunabagicha, Dhaka and others……………………………………………………………………………....

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)

.... of the Chief Election Commissioner was also annexed hereto as Annexure-B. Thereafter, various news clippings on the conditions of the Urdu-speaking people that appeared on different occasions in the National media were annexed to the writ petition. 7. It is also stated that registration of voter......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. ......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. ...... in: 60 DLR (HCD) (2008) 407. ..

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

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

....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.   ......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.   ......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.   ......d in: 29 BLD (HCD) (2009) 347.   ..

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

Shrimp and Fish Processing Plant Ltd. Vs. National Bank Limited and others, 2008, 37 CLC (HCD)

....iginal Jurisdiction) Present: Zinat Ara J Sheikh Abdul Awal J Shrimp and Fish Processing Plant Ltd……………………………....................Petitioner Vs. National Bank Limited and others…………………………………....................Responde......he order of stay granted earlier by this Court stands vacated. Communicate the order to the Adalat concerned at once. Ed. This Case is also Reported in: 28 BLD (HCD) (2008) 503. ......he order of stay granted earlier by this Court stands vacated. Communicate the order to the Adalat concerned at once. Ed. This Case is also Reported in: 28 BLD (HCD) (2008) 503. ......lso Reported in: 28 BLD (HCD) (2008) 503. ..

Category: Procedural Law | Date: 4 May, 2008 | Hits: 9