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AKM Kamruzzaman Khan Vs. Registrar, Joint Stock Companies and Firms Dhaka and 6 others, 2008, 37 CLC (HCD)

....nt 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. 7 Government of Bangladesh represented by the Secretary, Ministry of Industry as they were the seller......e matter in between them privately or in legal proceeding. Challenging the said impugned order the writ petitioner preferred the instant writ petition and obtained the Rule. 4. Pursuant to the service of the Rule the learned Advocate Mr. KM Hafizul Alam entered appearance on behalf of the r..

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

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

....mendation of the Commission to the President, which, in other words, mean that the meeting of the Commission and whether it should recommend names for appointment as judges is to be determined by the Government through its Ministry. 13. Under section 4(4) of the Ordinance five members out of ni......ditions of persons holding constitutional posts such as the judges of the Supreme Court may be determined by law along with remuneration and privileges. Qualification and other terms and condition of service of the judges of the Supreme Court may be determined by law under Article 95 as well as Arti..

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

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

....ganizer of Bangladesh Lib­eration War, 1971; that he was an elected Member of Parliament for four terms and also a Minister of Home, Post and Telecommuni­cations and Housing and Works during the Government of Awami League; that on 24.06.2008 he had suffered brain haemor­rhage in Central Jail,......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)

....y walls in all sides of the "Ka" Schedule land and also put barbed wires on the wall running from North to West and north to south and the plaintiff also has his own path way connecting the Government Road. The plaintiff also constructed a tinshed semi pacca house having iron pillars at th......amid instituted a suit claiming 67½ deci­mals of land against the defendant as plaintiff in the Court of Assistant Judge in 1987 being Other Suit No.70 of 1987 and the plaintiff inspite of service of summons did not appear in that suit but defendant contest the suit and ultimately the sui..

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

Motahera Begum and others Vs. Abdul Monaf and others, 2008, 37 CLC (HCD)

....13-21, the defendant No.22 and in favour of the defendant No.5. Thereaf­ter settled the rest land i.e. the land of Sched­ule-3 land to the plaint remained as khas land which was vested to the Government by due operation of law. During S.A. operation the said land was recorded in R.S. Plot No......ea of 11 decimals in R.S. Khatian No.1. The plaintiff’s predecessor was a sailor and that he had no land and property of his own. During the liberation war he was in West Pakistan and he was in service and after liberation of Bangladesh he came to Bangladesh. Since the predecessor of the plain..

Category: Property Law | Date: 30 Jul, 2008 | Hits: 2

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

....of safety. The question is whether there is any such place suitable for a girl just over 9 years old. We are told that there is no place of safety or remand centre or safe home maintained by the Government in Khulna, but that there is such a place in Bagerhat, which is about 18 Kilometres away.......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. ..

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

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

.... got its share in the petitioner company and two of its Directors one of the rank of additional secretary and another of the rank of joint secretary of the Ministry of Industries are nominated by the Government, so the employees of the com­pany are public servants within the meaning of section 2...... 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. ..

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

Ahmed Hossain (Md.) and others Vs. Nasima Khatun and another, 2008, 37 CLC (HCD)

....i Bank Vs. Tafazal Hossain, 44 DLR (AD) 260; Wolverhampton New Waterworks Co. Vs. Hawkesford, 6 CBN 6.336; House of Lords in Nevile Vs. London Express Newspaper, 1991 AC 368; Jogesh Chandra Dutta Vs. Government of Bangladesh, 30 DLR 219; Rafiqul Alam Vs. Mostafa Kamal, 42 DLR (AD) 137; Kamruzzaman V....... Accordingly, the accused appellants are discharged from the charge. Office is directed to communicate the order at once. Ed. This Case is also Reported in: 13 BLC (HCD) (2008) 828. ..

Category: Women and Children | Date: 18 Jun, 2008 | Hits: 28

Nadia Khalil Vs. Rudess Karim, 2008, 37 CLC (HCD)

.... However, there shall be no order as to costs. Let a copy of the judgment be sent down to the courts below at once. Ed. This Case is also Reported in: 28 BLD (HCD) (2008) 599.  ......ighly dissat­isfied by the order of rejection as aforesaid the mother-plaintiff-respondent-petitioner pre­ferred the instant revisional application and obtained the rule. 10. Pursuant to the service of the rule the learned Advocate Mrs. Rabeya Bhuiyan ap­peared on behalf of the defendant..

Category: Family Law | Date: 17 Jun, 2008 | Hits: 19

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

....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. ......ale and export thereof. 3. The case of the respondent No. 2 is, that he was a permanent worker in the Consolidated Tea and Lands Co. (Bangladesh) Ltd (Finals Swine Group) and he has rendered his service for 15 years with sincerity acclaiming confidence of the 2nd party and his basic pay is Taka..

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

AKM Nazimuddin Vs. Md. Delwar Hossain and others, 2008, 37 CLC (HCD)

....ned Senior Assistant Judge, Sadar Court, Noakhali, in hereby affirmed. Send down the lower Court's record immediately. Ed. This Case is also Reported in: 13 BLC (HCD) (2008) 868. ...... which reads thus: Right of Pre-emption.—(1) If a portion or share of a holding of a raiyat it trans­ferred, one or more co-sharer tenants of the holding may, within four months of the service of the notice given under section 89, or, if no notice has been served under section 89, wit..

Category: Property Law | Date: 11 Jun, 2008 | Hits: 12

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

....ah­man, Secretary, Board of Directors and others...............................................Respondents (In Matter Nos.01, 10 and 11 of 2008) Registrar of Joint Stock Companies and Firms, Government of Bangladesh, 24-25 Dilkusha C/A, Dhaka-1000 and another...............Respondents (In ......ement entered into between the Depository and the Depository-Participant. An investor, through a Depository-Participant, may enter into an agree­ment with the Depository for a avail­ing his services. A Depository-Participant (DP) is the representative (agent) of the Depository in th..

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

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

....llip;………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. Re...... the side of Dhaka-Chittagong highway where a whole sale market for vegetables has been functioning. Plot No.5003 is contiguous to plot No.4805. All of a sudden, the petitioner came to know about the service of a notice dated 12.7.2007 under the signature of respondent No.6 on behalf of respondent N..

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

Tasmima Hossain Vs. Anti-Corruption Commission and others, 2008, 37 CLC (HCD)

....tra vires of the Emergency Powers Ordinance, 2007 and the Constitution. 2. Short facts for disposal of the Rule are that the petitioner is the wife of Anwar Hossain Monju, former Minister of the Government of the People's Republic of Bangladesh. She is a business lady and an individual tax-...... statement of her assets. 9. He submitted that in the facts and circumstances of the case, lodging of the FIR and initiation of the criminal proceedings against the petitioner in connection with service of notice under section 26 of the ACC Act and/or rule 15ঘ(5) of the EP Rules, 2007 upon he..

Category: Anti-Corruption Laws, Criminal Law | Date: 8 Jun, 2008 | Hits: 7

Mst. Phulbanu @ Phul Vs. State, 2008, 37 CLC (HCD)

....e two fold arguments. Firstly, the allegations made in the first information report will come within the mischief of section 23 of The Emi­gration Ordinance, 1982 (Ordinance No. XXIX of 1982). The Government by Notifica­tion already constituted Special Court for the purpose of trial of all off......w Judicial Magistrate, Bogra, will proceed in accordance with law. Office is directed to communicate the order at once. Ed. This Case is also Reported in: 28 BLD (HCD) (2008) 350. ..

Category: Procedural Law | Date: 5 Jun, 2008 | Hits: 4

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

....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. ...... are being disposed of by this common judgment as they do involve common questions of laws and facts. 2. The petitioners of both the Writ Petitions have challenged the order retiring them from service according to Regulation 11A (2) of the Bangladesh Biman Corporation Employees (Service) Re..

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

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

....ious abuse of the process of the Court. 7. He lastly submitted that in view of the Notification being SRO No.58 dated 25.04.07 on repeal of the Notification being SRO No.37 dated 02.04.07 the Government re-fixed under section 4(1) of the Criminal Law Amendment Act, 1958 the local and terri......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

Md. Sadaqat Khan (Fakku) and 10 others Vs. Chief Election Commissioner, Bangladesh Election Commission, 2008, 37 CLC (HCD)

....ims left their home in India and immigrated to the then East Pakistan, settled and started business in different districts. They were recognized as citizens of erstwhile Pakistan and many of them got Government Service in the then East Pakistan. 4. In course of time, many of them who came from th......o. 3831 of 2001. He solicited an urgent decision in the matter of citizenship of these people. He reasoned that after introduction of National Identity Card as a condition for delivery of a number of services, these people may lose access to many services they currently enjoy. Even renewal of a rick..

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

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

....chased land on 20.01.1954 through court. Ali Ahmed being in possession of the auction purchased land (hereinafter re­ferred to as the suit property) for more than 12 years mutated his name in the Government record and paid rents accordingly; S.A. Khatian being No.197 and R.S. Khatian being No.12......Rules framed under section 38 of the Act have provided the details as to how the notice under section 7 of the Act shall be served. Section 8 of the Act has clearly stipulated that from and after the service of notice of any certificate under section 7 of the Act upon a certificate debtor any privat..

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

Jewel Cotton Spinning and Weaving Mills Ltd. Vs. Bangladesh & others, 2008, 37 CLC (HCD)

....retary, Ministry of Law & others............Respondents Judgment April 24, 2008. Result: The Rule is discharged. Case Referred to- Bangladesh Marine Fisheries Association Vs. Government of Bangladesh, 52 DLR 273. Lawyers Involved: Shahed Alam, Advocate - For the Petiti...... of the suit. He further submits that according to sub-section (1), section 17, the suit has to be disposed of within 90 days, if the defendant fails to appear before the Court within 30 days despite service of summons and if the defendant appears within maximum period of 30 days after submitting wr..

Category: Civil Law | Date: 24 Apr, 2008 | Hits: 62