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Abdur Rouf Chowdhury (Md.) Vs. Mirza Shahabuddin Ispahani and others, 2010, 39 CLC (HCD)
..... 44. In the result, the appeal is dismissed. Send down the lower Court record. Communicate this order at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 323. ...... Shahabuddin Ispahani and others...................Respondents Judgment March 10, 2010. Result: The appeal is dismissed. Amendment of Pleadings In exercising this power the Supreme Court would be reluctant to allow an amendment which would have the effect of tota..............Respondents Judgment March 10, 2010. Result: The appeal is dismissed. Amendment of Pleadings In exercising this power the Supreme Court would be reluctant to allow an amendment which would have the effect of totally altering the nature of the suit or of t....... 44. In the result, the appeal is dismissed. Send down the lower Court record. Communicate this order at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 323. ..Category: Procedural Law | Date: 10 Mar, 2010 | Hits: 13
Sheikh Hasina Wazed Vs. Government of Bangladesh, 2010, 39 CLC (HCD)
....squo;s entirety, but so far as the same relates to the Petitioner only. There will, however, be no order as to costs. Borhanuddin J.- I agree. Ed. This Case is also Reported in: ......imordial figure of the Republic’s oldest political party, was not before the learned Court below at the time of the charge hearing because of her ailment. She was only represented by her duly empowered lawyer Ms. Shahara Khatun. The charge was therefore framed in her absence. 7. In impugn......dhury Advocates - For the Petitioner. Mr. M. A. Aziz Khan, Advocate - For the Respondent No. 4. Writ Petition No.7250 of 2008. Judgment A.H.M. Shamsuddin Choudhury J.- With a view to impugn charges framed by the learned Divisional Special Judge, Dhaka, under Section 242 of the Co......squo;s entirety, but so far as the same relates to the Petitioner only. There will, however, be no order as to costs. Borhanuddin J.- I agree. Ed. This Case is also Reported in: ..Category: Anti-Corruption Laws | Date: 9 Mar, 2010 | Hits: 228
Sheikh Hasina Vs. Bangladesh & others, 2010, 39 CLC (HCD)
....ption Act 1947, is set aside, so far as the same relates to the instant Petitioner only. There is no order on cost. Borhanuddin J. - I agree. Ed. This Case is also Reported in: ......te the investigating officer (the respondent no 6 herein) on the progression of investigation process (2) the Chairman of the Anti Corruption Commission, henceforth, the Commission, by himself had no power whatsoever to take any decision like the one that prompted the respondent no5 to issue the imp......wn Court ex p Hutchinson, 1988 QB 384; R Vs. Devizes Justices ex p Lee; DPP Vs. Head, 1959 AC 83; R Vs. Smith, 1984 Cr. L. R. 630; R Vs. Oxford Crown Court ex p Smith, 1989 2 Admin Law Report; Boddington Vs. British Transport Police; R Vs. Chief Constable of Merseyside ex p Calveley, 1986 Q.B. 424; ......ption Act 1947, is set aside, so far as the same relates to the instant Petitioner only. There is no order on cost. Borhanuddin J. - I agree. Ed. This Case is also Reported in: ..Category: Anti-Corruption Laws | Date: 4 Mar, 2010 | Hits: 102
Sheikh Hasina Vs. Bangladesh and others, 2010, 39 CLC (HCD)
....uption Act 1947, is set aside, so far as the same relates to the instant Petitioner only. There is no order on cost. Borhanuddin J. - I agree. Ed. This Case is also Reported in: ......te the investigating officer (the respondent no 6 herein) on the progression of investigation process (2) the Chairman of the Anti Corruption Commission, henceforth, the Commission, by himself had no power whatsoever to take any decision like the one that prompted the respondent no 5 to issue the im......gladesh, Bangladesh Secretariate, Secretariate Building, Ramna, Dhaka and others......... Respondents Judgment March 4, 2010. Result: The Rule is made absolute. Case Referred to- R Vs. Lowle 1759; Groenvelt Vs. burwell, 1700 1 Ld. Raym 454; R Vs. Herefordshire Magistrat......uption Act 1947, is set aside, so far as the same relates to the instant Petitioner only. There is no order on cost. Borhanuddin J. - I agree. Ed. This Case is also Reported in: ..Category: Anti-Corruption Laws | Date: 4 Mar, 2010 | Hits: 131
....les is hereby vacated. Bail of the petitioners is cancelled.
Let a copy of this judgment and order be transmitted at once.
Ed.
This Case is also Reported in: 30 BLD (HCD) (2010) 409.
......ioner in Writ Petition No.7243 or 2008 filed an application for the issuance of a supplementary Rule on the ground that Rule 15 of the And Corruption Commission Rules, 2007, purportedly delegates the power of the Commission to any Commissioner approved by the Commission, whereas the parent Act, name......ruption Commission Rules, 2007; Rule 15 (2)
When a Form is given for the purpose of conveying the sanction, then there cannot be any question of the sanction being mechanical. It is per se bound to be mechanical and in conformity with the format of Form 3……………......les is hereby vacated. Bail of the petitioners is cancelled.
Let a copy of this judgment and order be transmitted at once.
Ed.
This Case is also Reported in: 30 BLD (HCD) (2010) 409.
..
Category: Anti-Corruption Laws | Date: 4 Mar, 2010 | Hits: 145
State Vs. Secretary, Ministry of Home Affairs, 2010, 39 CLC (HCD)
....rection that a copy be kept in the dossier of the two learned Magistrates concerned. Md. Abu Tariq J. - I agree. This Case is also Reported in: 16 MLR (AD) (2011) 254; 30 BLD (HCD) (2010) 265. ...... who causes arrest of any child to inform the parents of the child and also under section 50 of the Act to immediately inform the Probation Officer. Moreover, the police are totally ignorant of their power to enlarge children on bail under section 48 of the Act even in cases of serious offences, whi...... The Penal Code, 1860 (XLV of 1860); section 82 It is a tragedy that the law enforcing agencies are unaware of the fundamental laws of the country, namely s. 82 of the Penal Code, 1860. According to this section, any police personnel worthy of his badge cannot arrest a child below the age of nin......rection that a copy be kept in the dossier of the two learned Magistrates concerned. Md. Abu Tariq J. - I agree. This Case is also Reported in: 16 MLR (AD) (2011) 254; 30 BLD (HCD) (2010) 265. ..Category: Women and Children | Date: 1 Mar, 2010 | Hits: 177
Dr. Md. Nazimuddin and others Vs. Md. Abdur Rahman Siddique and others, 2010, 39 CLC (HCD)
..... X of 1897); section 5 Whether the Bankruptcy Act, 1997 is a retrospective legislation? The purpose of promulgation of the Bankruptcy Act was only for easy disposal of loan cases between financial institution granting loan and the loanee. After promulgation of Bankruptcy Act 1997, the......ower Court's record at once. Let a copy of the judgment be transmitted to the Courts concerned at their respective station. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 305. ...... promulgation of Bankruptcy Act 1997, the Insolvency Act No.3 of 1909 and Insolvency Act No.5 of 1990 were repealed. This Bankruptcy Act is a special legislation and provides for special procedure to be followed for declaring a person (loanee) as insolvent / bankrupt and the said Act appears to ......ower Court's record at once. Let a copy of the judgment be transmitted to the Courts concerned at their respective station. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 305. ..Category: Civil Law | Date: 25 Feb, 2010 | Hits: 7
Paresh Chandra Biswas Vs. Sree Sree Shashan Kalimata Idol and others, 2009, 38 CLC (HCD)
....he result, the appeal is dismissed with costs. The connected Rule is discharged. Send down the lower Court records at once. Ed. This Case is also Reported in:61 DLR (HCD) (2009) 679. ......public debuttor property. It has been observed by the judicial committee in Prosonna Kumari Debya Vs. Golap Chand Baboo, (1875) LR 2 IA 145 "that the person so entrusted must, of necessity, be empowered to do whatever may be required for the service of the idol and for the benefit and preservat......p;…...Respondents Judgment February 16, 2009. Result: The appeal is dismissed with costs and connected Rule is discharged. A religious endowment which is known as Debuttor and which arises on dedication or gift of property to an idol, a Debuttor is managed and adminis......he result, the appeal is dismissed with costs. The connected Rule is discharged. Send down the lower Court records at once. Ed. This Case is also Reported in:61 DLR (HCD) (2009) 679. ..Category: Others, Property Law | Date: 16 Dec, 2009 | Hits: 94
Rezaul Kabir (Md.) and another Vs. Bangladesh and others, 2009, 38 CLC (HCD)
.... if the Corporation did not find their service satisfactory they could well have refrained from giving any work to the Petitioners and in that case the Petitioners would not have been entitled to any financial benefit. But instead of doing that they have gone one steps further in canceling their app...... the Respondent No. 3, Barisal City Corporation, by filing Affidavit-in-Opposition denying the material allegations. It has been stated that the then Mayor of the said City Corporation was not empowered/authorized to take any decision to recruit employees since the organogram for the City Corpo......t: The Rules are made absolute. Prior Show Cause Notice With Adequate Explanation It is fundamental principle of administrative law that before any order is passed which is likely to adversely affect a person it is essential that he be given a reasonable opportunity to be heard p......ave been passed without any lawful authority and is of no legal effect. There will be no order as to costs. Ed. This Case is also Reported in: 67 DLR (HCD) (2015) 19 ..Category: Administrative Law, Employment/Service Law | Date: 22 Nov, 2009 | Hits: 3
....onstruct a boundary wall which has been
demolished by the contractor within such period.
Stay granted earlier by this court is
hereby vacated.
Ed.
This Case
is also Reported in:
......lace shall vest in the
Corporation, and the Corporation shall take all measures necessary for the proper
maintenance and administration thereof.”
8. The above provisions of law has only empowered the Dhaka
city Corporation to take necessary measure for proper maintenance and
administra......ner.
Vs.
The Mayor, Dhaka City Corporation and other.....................Respondents.
Judgment
November 17, 2009.
Result:
The Rule is made absolute without any order as to costs.
Lawyers Involved:
Md. Manzill
Murshid, Advocate - For the Petitioner.
M.A.......onstruct a boundary wall which has been
demolished by the contractor within such period.
Stay granted earlier by this court is
hereby vacated.
Ed.
This Case
is also Reported in:
..
Category: Constitutional Law | Date: 17 Nov, 2009 | Hits: 6
Zahirul Islam & others Vs. Government of Bangladesh others, 2009, 38 CLC (HCD)
....Dhaka prepared in the name of the petitioners to the settlement press for final publication. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 168 ......rights has been finally published for every village included in such area and such notification shall be conclusive proof of such publication. Chapter VIII of said Rules, 1955 deals with general power of Revenue Officer in revising record-of-rights under section 144 of the State Acquisition and......rul Islam & others………………………Petitioners Vs. Government of Bangladesh others................Respondents Judgment October 28, 2009. Result: this Rule is made absolute. Cases Referred to- Rom......Dhaka prepared in the name of the petitioners to the settlement press for final publication. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 168 ..Category: Property Law, Tenancy Law | Date: 28 Oct, 2009 | Hits: 5
Md. Rezaul Kabir Vs. State and another, 2009, 38 CLC (HCD)
....py of this judgment and order be sent to the Special Judge and Sessions Judge, Mymensingh for information and necessary action. Ed. This Case is also Reported in: 14 MLR (HCD) (2009) 482. ......inance, 2007 and Emergency Power Rules, 2007 had been in force and that the law enforcing agencies, under the Emergency Power Rules, 14 and 15, with a view to prevent corruption, were vested with the power to arrest, inquire and investigate such cases. He further submits that there is no infirmity o......………..Accused-petitioner Vs. The State and another…………………………..Opposite parties Judgment October 11, 2009. Result: The Rule is made absolute. Trap cases......py of this judgment and order be sent to the Special Judge and Sessions Judge, Mymensingh for information and necessary action. Ed. This Case is also Reported in: 14 MLR (HCD) (2009) 482. ..Category: Anti-Corruption Laws | Date: 11 Oct, 2009 | Hits: 10
State Vs. Secretary, Ministry of Law, Justice & Parliamentary Affairs and others, 2009, 38 CLC (HCD)
.... judgment is circulated to all Judicial Officers in the service of the Republic. Md. Fazlur Rahman J. - I agree. This Case is also Reported in: 30 BLD (HCD) (2010) 369; 15 MLR (HCD)(2010) 59. ...... country to enable proper and effective implementation of section 50 of the Children Act. Similarly, places of safety must be set up, at least one in every district and local health clinics must be empowered for the purpose of medical examination of victims so that the need to detain victims in cust......tary, Ministry of Law, Justice & Parliamentary Affairs and others ..........Respondents Judgment September 3, 2009. Result: The Rule is disposed of with observation. Cases Referred to- Hussain Muhammad Ershad Vs. Bangladesh and others, 21 BLD (AD) 69; The State Vs. Tasiruddin, ...... judgment is circulated to all Judicial Officers in the service of the Republic. Md. Fazlur Rahman J. - I agree. This Case is also Reported in: 30 BLD (HCD) (2010) 369; 15 MLR (HCD)(2010) 59. ..Category: Women and Children | Date: 3 Sep, 2009 | Hits: 198
Shafiullah Chowdhury and others Vs. State, 2009, 38 CLC (HCD)
.... the Rule is hereby vacated. Communicate copy of this judgment to the concerned Court where the case is pending. Ed. This Case is also Reported in: 14 MLR (HCD) (2009) 490. ......rores in total as earnest money out of the consideration money in cash, by cheques and pay orders. Subsequently, the accused petitioner No.1 being of old age executed and registered an irrevocable power of attorney on 25.5.2000 infavour of the complainant for maintenance of the said land. The co......sembles certain other nature of case, that is, if it discloses a civil case e.g. non execution and registration of sale deed of a case land……………………………(9) Case Referred to- Akamuddin Ahmed Vs. The State, 27 DLR (AD) 175; Abdul Karim Vs. Shamsul Alam, 45 DLR 578; ...... the Rule is hereby vacated. Communicate copy of this judgment to the concerned Court where the case is pending. Ed. This Case is also Reported in: 14 MLR (HCD) (2009) 490. ..Category: Procedural Law | Date: 12 Aug, 2009 | Hits: 8
Dr. Mohiuddin Khan Alamgir Vs. ACC and another, 2009, 38 CLC (HCD)
.... Krishna Roy 2/3 times. He does not know Sharmin Ferdousi. No one recorded his statement. He denied that on 17-4-2006 Sharmin Ferdousi recorded his statement. Further, he stated that Amanat is called financial instrument. IFIC Bank has financial instrument. 55. P.W. 6 is Md. Rezaul Karim, Head ......d in his Statement of Assets with the said Commission; that the appellant allegedly did not show the valid source of income of those FDRs and he at various times and places by exercising abuse of his power acquired movable and immovable properties and thus committed offence under sections 26 and 27 ...... released from the bail bond. Send down the lower Court records at once. Ed. This Case is also Reported in: 15 BLC (HCD) (2010) 107. ......d. Since the appellant is on bail, let him be released from the bail bond. Send down the lower Court records at once. Ed. This Case is also Reported in: 15 BLC (HCD) (2010) 107. ..Category: Anti-Corruption Laws | Date: 13 Jul, 2009 | Hits: 286
Most. Abu Tara Vs. Md. Abdur Rahim Khan and others, 2009, 38 CLC (HCD)
.... rule is discharged without any order as to costs. Lower Courts records be sent down at once with a copy of the Judgment. Ed. This Case is also Reported in: 17 MLR (HCD) (2012) 449. ......nce came to his finding that the signature of the defendant No.1 Abu Tara put in the Bainanama and the specimen signature put by her in front of the Court was identical. The learned Court was fully empowered to compare and tally the signature and hand writing of person if disputed under Section 73 o...... The rule is discharged. The finding of facts whether concurrent or not arrived at by the lower appellate Court is final unless it is manifestly perverse.............(12) Cases Referred to- Mustari Bibi and others Vs. Md. Yusuf and others, 12 BLC (AD) 42; Ishaque (Md.) Vs. Ekramul...... rule is discharged without any order as to costs. Lower Courts records be sent down at once with a copy of the Judgment. Ed. This Case is also Reported in: 17 MLR (HCD) (2012) 449. ..Category: Evidence Law | Date: 25 Jun, 2009 | Hits: 42
Bangladesh Power Development Board & others Vs. Abu Bakar Siddique & anothers, 2009, 38 CLC (AD)
....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. ......ployees) Service Rules, 1982, the aforesaid position of the service of the reluctant officers was being governed by substitute notification dated 18-2-1982 being No. SRO 74-L/82 issued in exercise of power conferred by the Bangladesh Water and Power Development Board's Order, 1972 (PO No. 59 of 1972......972, 2973 and 2989 of 2001 making the Rule absolute. 2. The facts involved in the cases, in short, are that the respondents in the writ petitions made a prayers for direction upon the appellants to allow the benefit of one step out of turn promotion in accordance with the circular dated 11-8-19......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)
....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. ......ployees) Service Rules, 1982, the aforesaid position of the service of the reluctant officers was being governed by substitute notification dated 18-2-1982 being No. SRO 74-L/82 issued in exercise of power conferred by the Bangladesh Water and Power Development Board's Order, 1972 (PO No. 59 of 1972......972, 2973 and 2989 of 2001 making the Rule absolute. 2. The facts involved in the cases, in short, are that the respondents in the writ petitions made a prayers for direction upon the appellants to allow the benefit of one step out of turn promotion in accordance with the circular dated 11-8-19......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)
....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. ...... ample discretion in terminating the services of an employee as it desires without assigning any reason by giving him a mere three prior months notice or the salary for the said period. However, such power shall only be used sparingly and with fairness. Every employee entering into service has a leg......ut assigning any reason by giving him a mere three prior months notice or the salary for the said period. However, such power shall only be used sparingly and with fairness. Every employee entering into service has a legitimate expectation to continue in the service till achieving the age of super......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
Ehtesamur Rahman Vs. The State & Others, 2009, 38 CLC (HCD)
....formation and necessary action. Ed. This Case is also Reported in: 29 BLD (HCD) (2009) 399. ......Purana Paltan until any order is passed by the Assistant Judge 4th court Dhaka in Title Suit No.92 of 1999. 3. The petitioner filed a written statement claiming ownership of the property through power of Attorney dated 25.04.1987 from his wife Israt Jahan who became the owner of the said proper...... 19, 2009. Result: The Rule is discharged. It is the general rules of procedure that every case whether Civil or Criminal shall be instituted in the Court of the lowest grade competent to try it. The rule of procedure has got imperative force to comply with it which cannot be ove......formation and necessary action. Ed. This Case is also Reported in: 29 BLD (HCD) (2009) 399. ..Category: Procedural Law | Date: 19 May, 2009 | Hits: 1
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