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AJM Helal Vs. Bangladesh and others, 2009, 38 CLC (HCD)
....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. ......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......it petition when there is forum for seeking remedy against the impugned order/judgment……………………………………(42) Cases Referred to- Md. Nur Islam Vs. Agrani Bank, 1 MLR (AD) 373; Anisur Rahman Vs. Bangladesh, 12 BLC 22; AHN Kabir Vs. Bangladesh, 13 BLC 686; Akhter Hossa..Category: Civil Law | Date: 9 Feb, 2009 | Hits: 45
Sontosh Kumar Shaha Vs. Government of Bangladesh and others, 2009, 38 CLC (HCD)
....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. ...... 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 ...... The Rule is made absolutes. Cases Referred to- The State Vs. Chief Editor of Manab Zamin and others, 2 LG 1; Secretary, Ministry of Finance Vs. Md. Masdar Hossain and others, 52 DLR (AD) 82; Shahida Khatoon Vs. Bangladesh, 3 BLC (AD) 155; Abdul Bashar Vs. Bangladesh, 1 BLC (AD) 77; ..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)
....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. ......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......espondents Judgment January 21, 2009. Result: The Rule is made absolute. Case Referred to- Government of Bangladesh and others Vs. Jahangir Alam and others, 12 BLC (AD) 163. Lawyers Involved: Manzill Murshid, Advocate- For the Petitioners. Md. Abdus ..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)
.... too. 3. The facts leading to the issuance of the Rule Nisi, in brief, are: 4. The writ petition was filed by Dr. Shipra Chaudhry, a cousin of the detenu, and Ain O Salish Kendra, a society registered under the Societies Registration Act, 1860. The detenu is aged about 32 years and a ......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......llip;………Respondents Judgment January 19, 2009. Result: The Rule is made absolute. Cases Referred to- H.M. Ershad Vs. Bangladesh, 2001 BLD (AD) 69; Apparel Export Promotion Council Vs. Chopra, AIR 1999 SC 625; Ms. Humaira Mehmood Vs. T..Category: Women and Children | Date: 19 Jan, 2009 | Hits: 10
Tashin Ali (Md.) Vs. Md. Shamsul Hoque and others, 2009, 38 CLC (HCD)
....the title of either party. In order to determine the title, the party concerned is required to file a suit for declaration of title. In case the pre-emptor claimed to acquire the property by way of registered deed of Heba-bil-Ewaz from the heirs of the seller, who obtained the suit property throug......ent of the Courts below are hereby affirmed. The order of stay passed earlier is hereby vacated. Send down the LC records. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 220. ......ent of the Courts below are hereby affirmed. The order of stay passed earlier is hereby vacated. Send down the LC records. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 220. ..Category: Property Law | Date: 15 Jan, 2009 | Hits: 38
....foresaid Title Suit
No.405 of 1984 for specific performance of a contract. On 29-5-86 the suit was
decreed ex parte. In execution of the
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 o......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.
......es
Judgment
December 18, 2008.
Result:
The Rule is made absolute without any order
as to cost.
Case Referred to
Prodip Kumar Chkraborty Vs. Jamila Khatun
Bibi, 51 DLR (AD) 156.
Lawyers
Involved:
MI
Farooque with Subrata Chowdhury and Ruhul Quddus, Advocate..
Category: Hindu Law | Date: 18 Dec, 2008 | Hits: 22
Nazimuddin (Md.) Chairman Vs. Government of Bangladesh, 2008, 37 CLC (HCD)
....receiving of the case record the said Court took cognizance of the case under sections 26(2) and 27(1) of the ACC Act, 2004 read with rule 15 of Emergency Power Rules, 2007. 7. The Special Judge registered the case and fixed the date of hearing on 16-10-2008. The petitioner filed an application...... 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 the intent of the legislature has to be gathered from the whole of the statute……………(23) Case Referred to- Bangladesh Vs. Iqbal Hasan Mahmood, 60 DLR (AD) 147. Lawyers Involved: Mahbubur Rahman, Senior Advocate, Fahima Nasrin, Advocate &mdas..Category: Anti-Corruption Laws | Date: 4 Dec, 2008 | Hits: 149
MM Ali Ispahani Vs. MM Ispahani Ltd., 2008, 37 CLC (HCD)
....989 (Exhibit- ‘4 (2)’) it is evident that a large number of shareholders of the Company purportedly transferred their shares to the Hussainia Trust, a public trust created by a Trust Deed registered on 27.3.1964. It is shown that the objective of the Trust was subsequently modified by th......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......ce Co. Ltd. AIR 1991 Delhi; United Bank of India Vs. Naresh Kumar and others, AIR 1997 (SC), 3; Freeman Vs. Buckhurst Park Properties, [1964] 1 All E.R. 630; Tamizul Haque Vs. Shamsul Haque, 43 DLR (AD)(1991), 34. Lawyers Involved: Akhtar Imam, Senior Advocate with Ramzan Ali Sikder an..Category: Company Law | Date: 4 Dec, 2008 | Hits: 505
Abul Kashem (Md.) Vs. Government of Bangladesh and others, 2008, 37 CLC (HCD)
....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. ...... 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......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
Kamal Hossain (Md.) alias Md. Kamal Pramanik Vs. State, 2008, 37 CLC (HCD)
....hip. The victim girl being conscious refused his proposal. Then this appellant assured her that he would marry her by reciting the religious verses by Moulvi and afterwards their Kabinnama will be registered. Accordingly, in absence of the parents and other members of the victim's family, the ap......he LC records along with a copy of this judgment to the Tribunal concerned immediately for information and necessary action. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 505. ......he LC records along with a copy of this judgment to the Tribunal concerned immediately for information and necessary action. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 505. ..Category: Women and Children | Date: 23 Nov, 2008 | Hits: 7
....রতিবেদন দাখিল করিবেন।
বিচারপতি মোঃ আবু তারিক.-আমি একমত।
Ed.
This Case is also Reported in:
......;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......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
Abdul Hai (Md.) Vs. Bangladesh and others, 2008, 37 CLC (HCD)
....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. ......-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...... others……………Respondents Judgment November 18, 2008. Result: The Rule is disposed of. Case Referred to- Col. Md. Hashmat Ali (Retired) Vs. Government of Bangladesh, 47 DLR (AD) 1; Bangladesh Vs. Md. Abdur Rab, 33 DLR (AD) 143; Yeahia Khan Vs. Government of Bangladesh, Writ..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)
....্কে তাহাদের প্রতিবেদন দাখিল করিবেন। বিচারপতি মোঃ আবু তারিক.- আমি একমত। ......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......্কে তাহাদের প্রতিবেদন দাখিল করিবেন। বিচারপতি মোঃ আবু তারিক.- আমি একমত। ..Category: Constitutional Law | Date: 18 Nov, 2008 | Hits: 167
....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.
......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.
..
Category: Employment/Service Law | Date: 9 Nov, 2008 | Hits: 117
....
to this Court may seem fit and proper.
2. It has been asserted in the writ
petition that the petitioner is the Managing Director of R Zaman & Co. Ltd,
hereinafter called the "Companies", registered in Bangladesh on 8-4-1985 with the
Joint Stock Companies under the Company Act 1913. Thi......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)
....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. ......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......lip;….Respondents Judgment August 7, 2008. Result: The Rule is made absolute in part. Cases Referred to- Secretary, Ministry of Finance vs. Masdar Hossain 52 DLR (AD) 82; Ahsanullah vs. Bangladesh 44 DLR 179; Venkata Reddy vs. Andhra Pradesh: AIR 1985 SC 724; Nag..Category: Constitutional Law | Date: 7 Aug, 2008 | Hits: 236
Mohammad Nasim Vs. State and another, 2008, 37 CLC (HCD)
....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. ......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. ...... Judgment August 6, 2008. Result: The application for bail is allowed. The Appellate Division in the case of ACC Vs. Barrister Mir Md. Helaluddin and another, 60 DLR (AD) 57 held that "the appellate Court, in case of short-sentence not exceeding 3 years, when ..Category: Criminal Law | Date: 6 Aug, 2008 | Hits: 4
.....S. Plot No.95 is 1.37 acres and the area of land described in Schedule-"Ka" of the plaint is .37 decimals of land. Zafar Ahmed being owner in possession sold the same to the plaintiff by a registered kabala dated 30.08.1976 on proper consideration and put the plaintiff in possession ...... 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......ent
August 5, 2008.
Result:
The Rule is made absolute.
Cases Referred to-
Md. Afazuddin Vs. Moyezuddin Shaikh being dead his heirs Tahejuddin Shaikand and others, 5 BLD (AD) 54; Ranjit Sarker and others Vs. Sree Sukhendu Bikash Biswas arid others, 17 BLD (AD) 58; H..
Category: Civil Law, Property Law | Date: 5 Aug, 2008 | Hits: 4
Motahera Begum and others Vs. Abdul Monaf and others, 2008, 37 CLC (HCD)
....h Vide Settlement Case No.7 of 1973-74 settled the land of Schedule-3 in favour of the predecessor of the plaintiffs without receiving any salami. Subsequently an agreement was executed and registered in between the plaintiff’s predecessor and the Government of Bangladesh and th......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. ......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
Kazi Salahuddin Vs. Kazi Badruzzahedin (Dabir) and others, 2008, 37 CLC (AD)
....g eldest was appointed Mutwalli by his father Alimuddin but due to premature death of Kazi Nuruddin. Kazi Khairuddin son of deceased Nuruddin was appointed Mutwalli by his grand father Alimuddin by registered deed on 22.12.1960. 5. Being old and seriously sick Kazi Khairuddin, the Mutwa......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......itution and the same 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
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