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Bangladesh Power Development Board & others Vs. Abu Bakar Siddique & anothers, 2009, 38 CLC (AD)

.... when there was dearth of qualified graduate Engineers in that case only a Sub-Assistant Engineer having obtained AMIE by prosecuting the studies with prior approval of the Board was appointed to the post of Assistant Engineer. The Writ-Petitioner joined the service on 25-8-1984 i.e. 2 years after t......9 of 2001 are hereby declared to have been passed without lawful authority and is of no legal effect. Accordingly, the appeals are allowed without any order as to costs. Ed.   ......9 of 2001 are hereby declared to have been passed without lawful authority and is of no legal effect. Accordingly, the appeals are allowed without any order as to costs. Ed.   ......9 of 2001 are hereby declared to have been passed without lawful authority and is of no legal effect. Accordingly, the appeals are allowed without any order as to costs. Ed.   ..

Category: Employment/Service Law | Date: 3 Jun, 2009 | Hits: 256

Bangladesh Power Development Board & others Vs. Abu Bakar Siddique & anothers, 2009, 38 CLC (HCD)

.... when there was dearth of qualified graduate Engineers in that case only a Sub-Assistant Engineer having obtained AMIE by prosecuting the studies with prior approval of the Board was appointed to the post of Assistant Engineer. The Writ-Petitioner joined the service on 25-8-1984 i.e. 2 years after t......ithout lawful authority and is of no legal effect. Accordingly, the appeals are allowed without any order as to costs. Ed. This Case is also Reported in: 15 BLC (AD) (2010) 214. ......ithout lawful authority and is of no legal effect. Accordingly, the appeals are allowed without any order as to costs. Ed. This Case is also Reported in: 15 BLC (AD) (2010) 214. ......ithout lawful authority and is of no legal effect. Accordingly, the appeals are allowed without any order as to costs. Ed. This Case is also Reported in: 15 BLC (AD) (2010) 214. ..

Category: Employment/Service Law | Date: 3 Jun, 2009 | Hits: 3

Emran Ahmed & 20 anothers Vs. Bangladesh and others, 2009, 38 CLC (HCD)

....oration, now Biman Bangladesh Air­lines Limited hereinafter referred to as Cadet Pilot on 5-3-1992 his training he was appointed as First Officer F-28 on 14-6-1994 and thereafter promoted to various posts and was last serving as First Officer DC-10 the highest satisfaction of the Biman author­ity.......iority, back wages and other privileges within 30 days of receipt of a copy of this Judgment. There will be no order as to costs. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 213. ......iority, back wages and other privileges within 30 days of receipt of a copy of this Judgment. There will be no order as to costs. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 213. ......iority, back wages and other privileges within 30 days of receipt of a copy of this Judgment. There will be no order as to costs. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 213. ..

Category: Employment/Service Law | Date: 2 Jun, 2009 | Hits: 35

Sheikh Md. Nurul Haque Vs. State and anoth­er, 2009, 38 CLC (HCD)

.... admit such receipt of notice. The case of the opposite party No.2 is that the legal notice under sec­tion 138 (1) (b) of the Negotiable Instruments act was issued on 03-05-2005 through regis­tered post with AD; that it is presumed as per the provision of law that the said notice has been duly ser......ds vacated. Send a copy of this order to the Metropolitan Magistrate, Khulna for compli­ance. Md. Ataur Rahman Khan J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 162. ......ds vacated. Send a copy of this order to the Metropolitan Magistrate, Khulna for compli­ance. Md. Ataur Rahman Khan J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 162. ......ds vacated. Send a copy of this order to the Metropolitan Magistrate, Khulna for compli­ance. Md. Ataur Rahman Khan J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 162. ..

Category: Banking Law | Date: 26 May, 2009 | Hits: 663

Bangladesh National Women Lawyers Association (BNWLA) Vs. Bangladesh and Others, 2009, 38 CLC (HCD)

....ficult task in public interest. There is no order as to costs. Quamrul Islam Siddiqui J.- I agree. Ed. This Case is also Reported in: 29 BLD (HCD) (2009) 415, 14 BLC (HCD)(2009) 694. ...... working for twenty years. She reported that male/female ratio is lopsided and the competition is uneven because of social condition and the way a girl child is treated from her birth. She has been a member of the Gender Committee for seven years and finds that crude harassment is much less than bef...... enforceable in law until suitable legislation is enacted to occupy the field. These Writ Petitions are disposed of, accordingly”. 50. In the above case the learned Solicitor General for the Union of India helped the Court in formulation of the guidelines. 51. In the backdrop of the pro...... 7 July, 2008 “সামাজিক প্রতিরোধ কমিটি,” (Social Resistance Committee), a platform of 47 right based organizations such as the petitioner, Bangladesh Mahila Parishad, Ain-O-Shalish Kendra, Bangladesh Mahila Samity arranged a press conference on the issue an..

Category: Women and Children | Date: 14 May, 2009 | Hits: 330

Sirajul Islam (Md) Vs. Tauhid Uddin Ahmed & another, 2009, 38 CLC (HCD)

....use of the process and is liable to be quashed. 6. Mr. Yusuf Hossain Humayun, the learned Advocate for the opposite party No.1, on the other hand, submits that notice was served through registered post with AD which was not denied by the accused petitioner; that the accused petitioner did not rep......ay granted earlier stands vacated. Send a copy of this order to Metropolitan Assistant Sessions Judge, Court, Dhaka for compliance. Ed. This Case is also Reported in: 15 BLC (HCD) (2010) 39. ......ay granted earlier stands vacated. Send a copy of this order to Metropolitan Assistant Sessions Judge, Court, Dhaka for compliance. Ed. This Case is also Reported in: 15 BLC (HCD) (2010) 39. ......ay granted earlier stands vacated. Send a copy of this order to Metropolitan Assistant Sessions Judge, Court, Dhaka for compliance. Ed. This Case is also Reported in: 15 BLC (HCD) (2010) 39. ..

Category: Banking Law | Date: 4 May, 2009 | Hits: 280

Zahed Hossain (Md.) Vs. State and another, 2009, 38 CLC (HCD)

....the opposite party No. 2 gave notice under section 138(1)(b) on 28-3-2006 to the accused-petitioner demanding payment of cheques amount of Taka 2,24,28,120 within 30 days of receipt by two registered post, one in the home address and another in the business address of the accord-petitioner but the n......t be quashed and the same may continue as well. I like to add the above few words in support of my learned brother and I agree. Ed. This Case is also Reported in:61 DLR (HCD) (2009) 386. ......t be quashed and the same may continue as well. I like to add the above few words in support of my learned brother and I agree. Ed. This Case is also Reported in:61 DLR (HCD) (2009) 386. ......t be quashed and the same may continue as well. I like to add the above few words in support of my learned brother and I agree. Ed. This Case is also Reported in:61 DLR (HCD) (2009) 386. ..

Category: Procedural Law | Date: 29 Apr, 2009 | Hits: 135

Chairman, Nawabgonj Pourashava represented by its Chairman Vs. Ms. Moyna Parvin and others, 2009, 38 CLC (AD)

....llow the writ petitioner to join her office within 15 days on receiving the copy of the judgment and order. 2. The facts, in short, are that the respondent came to know about the vacancy for the post of Assistant Tax Collector in the Nawabganj Paurashava through newspaper advertisement. Having ......igh Court Division does not suffer from any illegality and we find no substance in this petition which is accordingly dismissed. Ed. This Case is also Reported in: 18 BLT (AD) (2010) 275. ......igh Court Division does not suffer from any illegality and we find no substance in this petition which is accordingly dismissed. Ed. This Case is also Reported in: 18 BLT (AD) (2010) 275. ......igh Court Division does not suffer from any illegality and we find no substance in this petition which is accordingly dismissed. Ed. This Case is also Reported in: 18 BLT (AD) (2010) 275. ..

Category: Others | Date: 13 Apr, 2009 | Hits: 125

Fahima Nasrin Vs. Government of Bangladesh and others, 2009, 38 CLC (HCD)

....the Judiciary. Let the lower Court records be transmitted at once along with a copy of this judgment. Sheikh Abdul Awal J. - I agree. This Case is also Reported in: 61 DLR (HCD) (2009) 232. ......ate, Rokanuddin Mahmood, Senior Advocate and Md. Kurshid Alam Khan, Advocate-Amici Curiae. Writ Petition No. 3646 of 2008. Judgment Md. Imman Ali J.- This application was filed by a learned member of the Supreme Court Bar under Article 102(2)(a)(i) of the Constitution in the form of a publ......the Judiciary. Let the lower Court records be transmitted at once along with a copy of this judgment. Sheikh Abdul Awal J. - I agree. This Case is also Reported in: 61 DLR (HCD) (2009) 232. ......the Judiciary. Let the lower Court records be transmitted at once along with a copy of this judgment. Sheikh Abdul Awal J. - I agree. This Case is also Reported in: 61 DLR (HCD) (2009) 232. ..

Category: Women and Children | Date: 11 Feb, 2009 | Hits: 189

A. J. M. Helal & others Vs. Bangladesh and others, 2009, 38 CLC (HCD)

....ner in Writ Petition No.5530 of 2008 took Tk.4, 00,000/- from the respondent No.4 as loan and later on, the complainant Md. Delwar Hossain respondent No.4, demanded the money when the petitioner gave post dated cheque amounting to Tk. 4, 00,000/- infavour of the respondent No.4 on 20.12.2004 and the......surrender their respective bail bond within 2 (two) months from date. Communicate this judgment at once. Ed. This Case is also Reported in:  29 BLD (HCD) (2009) 264.   ......surrender their respective bail bond within 2 (two) months from date. Communicate this judgment at once. Ed. This Case is also Reported in:  29 BLD (HCD) (2009) 264.   ......surrender their respective bail bond within 2 (two) months from date. Communicate this judgment at once. Ed. This Case is also Reported in:  29 BLD (HCD) (2009) 264.   ..

Category: Corporate Law | Date: 9 Feb, 2009 | Hits: 5

AJM Helal Vs. Bangladesh and others, 2009, 38 CLC (HCD)

....r in Writ Petition No. 5530 of 2008 took Taka 4,00,000 from the respondent No. 4 as loan and later on, the complainant Md. Delwar Hossain-respondent No. 4, demanded the money when the petitioner gave post-dated cheque amounting to Taka 4,00,000 in favor of the respondent No. 4 on 20-12-2004 and ther......rs are directed to surrender their respective bail bond within 2(two) months from date. Communicate this judgment at once. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 479. ......rs are directed to surrender their respective bail bond within 2(two) months from date. Communicate this judgment at once. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 479. ......rs are directed to surrender their respective bail bond within 2(two) months from date. Communicate this judgment at once. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 479. ..

Category: Civil Law | Date: 9 Feb, 2009 | Hits: 45

Sontosh Kumar Shaha Vs. Government of Bangladesh and others, 2009, 38 CLC (HCD)

.... at the instance of the writ petitioner Sontosh Kumar Saha, a Senior Assistant Judge of the Subordinate Judiciary, has called upon the respondents to show cause as to why the petitioner should not be posted as Joint District Judge (Previ­ously Subordinate Judge) by maintaining sen­iority as ......oposal from the Supreme Court. Annexure-N(4) manifest that the said two let­ters as aforesaid, were considered by the General Administration Committee, in its meeting on 23.5.2002, where the members of the Gen­eral Administration Committee refused to recommend such proposal and adopt th......s judgment at their end. 72. However, there shall be no order as to costs. Ed. This Case is also Reported in: 29 BLD (HCD) (2009) 301.         ......s judgment at their end. 72. However, there shall be no order as to costs. Ed. This Case is also Reported in: 29 BLD (HCD) (2009) 301.         ..

Category: Administrative Law, Constitutional Law | Date: 5 Feb, 2009 | Hits: 2

Abdul Latif Howlader and others Government of Bangladesh and others, 2009, 38 CLC (HCD)

....33 others were appointed as night guards and boatmen in a project of the Bangladesh Forest Research Institute, Chittagong on various dates in 1990, 1993, 1996 and 1997. When the project concluded the post of the petitioners were transferred to the Revenue Budget vide Memo of the Ministry of Establis......e being vacant posts of similar scale available. Let a copy of this judgment and order be transmitted at once. Ed. This Case is also Reported in: 29 BLD (HCD) (2009) 280.   ......e being vacant posts of similar scale available. Let a copy of this judgment and order be transmitted at once. Ed. This Case is also Reported in: 29 BLD (HCD) (2009) 280.   ......e being vacant posts of similar scale available. Let a copy of this judgment and order be transmitted at once. Ed. This Case is also Reported in: 29 BLD (HCD) (2009) 280.   ..

Category: Administrative Law, Employment/Service Law | Date: 21 Jan, 2009 | Hits: 1

Dr. Shipra Chaudhury and another Vs. Government of Bangladesh and others, 2009, 38 CLC (HCD)

....ed by us. The learned Advocate also submitted that on 24.11.2008, an application for stay was moved before the learned Chamber Judge of the Appellate Division, who, without passing any interim order, posted the matter for hearing before the full Court on 6.1.2009. Therefore, the learned Advocate for...... save in accordance with law. Those inalienable fundamental rights enshrined in the Constitution cannot not only be taken away by anybody including the parents of the detenu. 23. Bangladesh is a member of United Nations and is a signatory to the "Convention on the Elimination of all Forms ......rity and in an unlawful manner. 38. There is no order as to costs. I Agree Quamrul Islam Siddiqui J. Ed. This Case is also Reported in: 29 BLD (HCD) (2009) 183.   ......rity and in an unlawful manner. 38. There is no order as to costs. I Agree Quamrul Islam Siddiqui J. Ed. This Case is also Reported in: 29 BLD (HCD) (2009) 183.   ..

Category: Women and Children | Date: 19 Jan, 2009 | Hits: 10

Gour Netai Sri Sri Modan Mohan Das Bigraha Vs. Jahanara Islam Chowdhury and others, 2008, 37 CLC (HCD)

....pect of possession until disposal of the aforesaid matter by the learned District Judge. Send down the record at once. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 141. ......e decree, he got a sale deed No. 64 dated 6-1-87 executed and registered by the Court in Title Execution Case No. 20 of 1986. 9. It is further stated that one Digendra Sarker claiming to be a member of the managing committee of the temple challenged the ex parte decree in Title Suit No. 20......pect of possession until disposal of the aforesaid matter by the learned District Judge. Send down the record at once. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 141. ......pect of possession until disposal of the aforesaid matter by the learned District Judge. Send down the record at once. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 141. ..

Category: Hindu Law | Date: 18 Dec, 2008 | Hits: 22

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. ......e upon the petitioner being Memo No. দুদক/২২০-২০০৭ (অনুঃ২) ৮৭১৩ dated 27-9-2007 directing him to submit the statement of assets belonging to him and his family members as well as the sources of acquiring such properties within seven days from the date of recei...... 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. ...... 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. ..

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

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

....erated thus: “(i) 2.215 preference shares (at the rate of 100 per share) inherited from MMI by the petitioner No.1. (ii) 14,283 ordinary shares (pre-bonus) 35,707 ordinary shares (post-bonus) inherited from MMI by the petitioner No.1 having succeeded hereto in accordance with the......i, son of MAI, assembled at a meeting in London where the Respondent No. 2 is stated to have regretted his failure to correct an outstanding “imbalance” in the shareholdings of the family members in the said Company. The Respondent No. 2 is stated to have assured the Petitioner No. 1 and...... 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. ...... 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. ..

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

Abul Kashem (Md.) Vs. Government of Bangladesh and others, 2008, 37 CLC (HCD)

.... 4. Tenure of the Managing Committee of the said Sonar Bangla Samabai Cotton Mills Ltd. expired on 23-11-2008. After declaration of the election schedule the petitioners decided to contest for the post of membership of the Managing Committees of the said Mills and accordingly, they filed nominat......fect. 3. The facts necessary for the disposal of the Rules, in brief, are that the petitioners are engaged with the co-operative society named the Sonar Bangla Samabai Cotton Mills Ltd as the members of its Managing Committee. All activities of the Cooperative Society are guided by Samabai ......ithout 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:  61 DLR (HCD) (2009) 249.  ......ithout 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:  61 DLR (HCD) (2009) 249.  ..

Category: Others | Date: 27 Nov, 2008 | Hits: 4

Habibur Rahman Molla Vs. State, 2008, 37 CLC (HCD)

....acated. Let a copy of this judgment and order along with the LCR be sent to the concerned Court at once. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 1, 29 BLD (HCD) (2009) 227. ......ate has further urged that the "sanction" required under section 32(1) of the ACC Act is to be accorded by "Commission" as defined under section 2(Ka) of the Ain, 2004, not by any member of the said Commission. Moreover, the alleged "sanction" annexed with the police re......acated. Let a copy of this judgment and order along with the LCR be sent to the concerned Court at once. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 1, 29 BLD (HCD) (2009) 227. ......acated. Let a copy of this judgment and order along with the LCR be sent to the concerned Court at once. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 1, 29 BLD (HCD) (2009) 227. ..

Category: Anti-Corruption Laws | Date: 20 Nov, 2008 | Hits: 157

Professor Dr. A F M Ruhul Haq and Others Vs. Govt. of Bangladesh & Others, 2008, 37 CLC (HCD) [অধ্যাপক ড.এ, এফ, এম, রুহুল হক গং বনাম বাংলাদেশ গং, ২০০৯, ৩৭ সিএলসি (হাইকোর্ট ডিভিশন)]

....;Let a Rule Nisi issue calling upon the Respondents to show cause, why S.R.O. No. 211-Ain/2005/SoMo(Bidhi-5)-31/04 dated 7.7.2005 (Annexure-A) amending the provisions regarding qualifications for the post of Professor and Associate Professor under the Bangladesh Civil Service (Health Cadre) in Bangl......ছেদ নিুরূপঃ 7. Officers, Committees and employees of the Council- (1) The Council shall --- (a) .............................. (b)constitute from amongst its members an Executive Committee, and such other Committees for general or special purposes as the Cou......রতিবেদন দাখিল করিবেন। বিচারপতি মোঃ আবু তারিক.-আমি একমত। Ed. This Case is also Reported in: ......রতিবেদন দাখিল করিবেন। বিচারপতি মোঃ আবু তারিক.-আমি একমত। Ed. This Case is also Reported in: ..

Category: Civil Law, Employment/Service Law | Date: 18 Nov, 2008 | Hits: 3