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

....-1986, having identification No.47396, and since then he was discharging his duty with full satisfaction of the authority of the Bangladesh Rifles. The petitioner, being a very religious person while posted with 30 Rifle Battalion. Bangladesh Rifles, Dhaka participated in BDR 'Qirat' and 'Azan' comp......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

Professor Dr. A.F.M. Ruhul Hoque and others Vs. Bangladesh and others, 2008, 37 CLC (HCD)

....�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......�্কে তাহাদের প্রতিবেদন দাখিল করিবেন। বিচারপতি মোঃ আবু তারিক.- আমি একমত। ......�্কে তাহাদের প্রতিবেদন দাখিল করিবেন। বিচারপতি মোঃ আবু তারিক.- আমি একমত। ..

Category: Constitutional Law | Date: 18 Nov, 2008 | Hits: 167

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

....not be declared to have been taken without any lawful authority and is of no legal effect 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......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. ......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. ......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. ..

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

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

....h that— (a) without even suing the principal debtor for repayment of the loan the creditor may seek to proceed against the guarantor; and (b) the guarantor's liability to repay may not be postponed until the principal debtor fails to repay the loan and that, accordingly, such guarantor......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)

....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. ......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)

....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. ......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......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. ......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)

....pposition sworn on 15-7-08. In the affidavit, it is asserted that the Ordinance is not inconsistent with the independence or separation of the judiciary but aimed at fair and sound appointment to the posts of the Supreme Court judges from amongst the qualified persons on the basis of objective satis...... 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...... of Orissa vs. Bhupendra Kumar (Gajendragadkar): AIR 1962 SC 945; Makhan Singh Tarsikka vs. State of Punjab: AIR 1964 SC 648; Mr Satpal & Co. vs. Governor of Delhi: AIR 1979 SC 1550; R K Garg vs. Union of India: AIR 1981 SC 2138; A K Roy vs. India: AIR 1982 SC 710, 725; Venkata Reddy vs. Andhra ......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)

....t after thorough examination and investigations the Medical Board diagnosed that the appellant has been suffering from: (1) Acute intracerebral haemorrhage in right thalamic and internal capsular (posterior limb) area with left sided hemiplegia (2) Hypertension (3) BHP and (4) Haemorrhoids. ......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)

.... on record but in the instant suit the appellate court without referring the evidence on record and without considering the evidence on record and by misreading of the evidence came to a wrong and preposterous finding occasioning failure of justice which is liable to be interfered by this court. The...... 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

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

....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. ......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

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. ......uld ensue only as the exception in unavoidable scenarios. 5. In dealing with the child, its custody, care, protection and wellbeing, the views of the child, its parents, guardians, extended family members as well as social welfare agencies must be considered. 6. Where the best interests of the......ves or unrelated foster families, if necessary on payment of costs for the child’s maintenance......................................(26) Cases Referred To- Indian Supreme Court in People’s Union for Civil Liberties Vs. Union of India, 1997 SCC (Cri) 434; Minister for Immigration and Ethni...... place on the specific direction of this Court was done satisfactorily and the age of Arifa has been prima-facie found to be above nine years. We may point out, at this juncture, that the local Union Parishad Chairman, being entrusted by law to keep a record of births and deaths, although it was a b..

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

Kazi Salahuddin Vs. Kazi Badruzzahedin (Dabir) and others, 2008, 37 CLC (AD)

....igh Court Division and other papers on record. 16. It appears that the High Court Division found that the order appointing the petitioner as mutwalli and removing the respondent from the post is illegal and without lawful authority and in so holding the High Court Division......e does not call for interference by this court. We find no merit in this petition which is accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 113. ......e does not call for interference by this court. We find no merit in this petition which is accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 113. ......e does not call for interference by this court. We find no merit in this petition which is accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 113. ..

Category: Trust/Waqf Law | Date: 22 Jul, 2008 | Hits: 166

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. ...... establishment of any local boards or agencies for managing any of the affairs of the company outside Bangladesh in any specified locality in Bangladesh and also to appoint any persons to be the members of such local Board or any managers or agents and fix their remuneration including the deleg......ellate Tribunal this Division can grant any relief to which any aggrieved party is entitled to under the Ordinance. It may be stated that the said cases arose under the provision of local government (Union Parishad) Ordinance, 1983 against the judgment passed by the District Judge as Election Tribun...... Tribunal this Division can grant any relief to which any aggrieved party is entitled to under the Ordinance. It may be stated that the said cases arose under the provision of local government (Union Parishad) Ordinance, 1983 against the judgment passed by the District Judge as Election Tribunal whi..

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

Abdul Hannan Vs. State, 2008, 37 CLC (HCD)

....stigation and therefore visited the place of occurrence, prepared sketch map with separate index, prepared inquest report and thereafter sent the dead body of the deceased Afazuddin to the morgue for post mortem, arrested the accused Hannan and recorded the statements of the witnesses under section ......h any other case. Send down the lower Court's records along with a copy of judgment expeditiously. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 713, 29 BLD (HCD) (2009) 189. ......nan went to Kamaruddin's pond and he (Hannan) brought out the dead body from the pond of Kamaruddin and the head from the pond of Manaruddin. 22. P.W. 9, Haridas, is a Chowkidar of Brahmandi Union Parishad. He testified that about 5/7 years back on 5th or 7th Magh, Kamaruddin informed him t......nt to Kamaruddin's pond and he (Hannan) brought out the dead body from the pond of Kamaruddin and the head from the pond of Manaruddin. 22. P.W. 9, Haridas, is a Chowkidar of Brahmandi Union Parishad. He testified that about 5/7 years back on 5th or 7th Magh, Kamaruddin informed him that th..

Category: Evidence Law | Date: 29 Jun, 2008 | Hits: 175

Golam Md. Shiblee Vs. Second Labor Court, 2008, 37 CLC (HCD)

....rs (Standing Orders) Act, 1965 vide order dated 3-9-2002 and consequently, discharged him from the service on the same day while the complainant respondent No. 2 sent his grievance through registered post on 14-3- 2002 to the authority praying for reinstating him, but the authority did not pay heed ......terfere with the findings of the Labors Court. In the result, the Rule is discharged however, without any order as to cost. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 49. ......terfere with the findings of the Labors Court. In the result, the Rule is discharged however, without any order as to cost. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 49. ......terfere with the findings of the Labors Court. In the result, the Rule is discharged however, without any order as to cost. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 49. ..

Category: Labour and Industrial Law | Date: 17 Jun, 2008 | Hits: 30

State Vs. Ershad Sheikh, 2008, 37 CLC (HCD)

....ame day in the afternoon at 5-05 PM the informant lodged First Information Report with the local police station. Police making inquest of the dead body of the deceased sent the same to the morgue for post mortem examination. The doctor who held post mortem examination of the dead body opined that de......vidence recorded by the Tribunal. Send down the lower Court's records with a copy of this judgment for information and compliance. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 183. ......vidence recorded by the Tribunal. Send down the lower Court's records with a copy of this judgment for information and compliance. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 183. ......vidence recorded by the Tribunal. Send down the lower Court's records with a copy of this judgment for information and compliance. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 183. ..

Category: Women and Children | Date: 17 Jun, 2008 | Hits: 157

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

....11 of 2008 to declare the maintaining of the Record Date as 25.9.2005 as illegal and for a direction upon the BOD of the Bank to prepare the fresh balance sheet showing the paid up capital at the post-2002 AGM level and fix the Record Date fifteen days prior to the holding of the 20th, 21st an......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

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

....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. ......ecause of increase of population and vehicles in Dhaka City Corporation (in short, DCC), the Government imposed restrictions on plying trucks within the city from morning to 8/9 p.m. As a result, the members of English Road Iron and Steel Merchants Association (in short, the Association) have been f......deo of the land to be acquired shall be made along with all structures and trees thereon by the Deputy Commissioner in presence of the requiring person, local elites and elected representative of the Union or the Municipality within the local limits of which the land is situated". 37. From......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. ..

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

Md. Emdad Hossain and another Vs. Bangladesh Biman Corporation and others, 2008, 37 CLC (HCD)

....or Purser, Flight Service. By an order dated 11.11.1990, the petitioner was promoted as Purser. On 26.7.1978, the petitioner was confirmed as Chief Purser. Later, the petitioner was promoted to the post of Manager, Flight Service on 8.9.2005. Lastly, the petitioner was placed as Manager, Flight S......ervice are declared to have been passed without lawful authority having no legal effect. There is no order as to costs. Ed. This Case is also Reported in: 28 BLD (HCD) (2008) 461. ...... Hyd 35; Modi Food Products Ltd. Vs. Commissioner of Sales Tax, AIR 1956 Allahabad 35; Mominur Rahman and Others Vs. Chowdhury Md. Mahfuzul Islam and Others, 23 BLD (AD) 147; Bhagat Ram Sharma Vs. Union of India and Others, AIR 1988 SC 740; Bangladesh Biman Corporation and Others Vs. Md. Yousuf ......ervice are declared to have been passed without lawful authority having no legal effect. There is no order as to costs. Ed. This Case is also Reported in: 28 BLD (HCD) (2008) 461. ..

Category: Procedural Law | Date: 4 Jun, 2008 | Hits: 7

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. ......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

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