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James Finaly Pic. Chittagong Vs. Government of Bangladesh and others, 2008, 37 CLC (AD)
.... Md. Fazlul Karim J Md. Joynul Abedin J James Finaly Pic. Chittagong……………………Appellant Vs. Government of Bangladesh and others ............Respondents Judgment December 17, 2008. Resu......the submissions of the learned Advocate for the appellant. Accordingly, the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 19 BLC (AD) (2013) 79. ......Fazlul Karim J Md. Joynul Abedin J James Finaly Pic. Chittagong……………………Appellant Vs. Government of Bangladesh and others ............Respondents Judgment December 17, 2008. Result: Th......the submissions of the learned Advocate for the appellant. Accordingly, the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 19 BLC (AD) (2013) 79. ..Category: Civil Law | Date: 17 Dec, 2008 | Hits: 7
Nazimuddin (Md.) Chairman Vs. Government of Bangladesh, 2008, 37 CLC (HCD)
.... Md. Ashfaqul Islam J Nazimuddin (Md.) Chairman ……………………………… Accused-Petitioner Vs. Government of Bangladesh represented by the Secretary, Ministry of Law……………&hel...... 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. ...... The Anti Corruption Commission Act, 2004 (Act No. V of 2004); Section 32 (1) & (2) The Anti Corruption Commission Rules, 2007; Rule 15 (2) 'Sanction' is an administrative act and isn’t subject to any judicial scrutiny……………..(21) ...... 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)
....uating fortunes of a corporate entity that has had to face the exigencies of sub-continental politics and state formation as evident in the Partition of the Sub-Continent in 1947 and the emergence of Bangladesh in 1971. It is evident that the vicissitudes of Pakistan’s internal politics, the i...... 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. ......ial Original Jurisdiction) Present: Syed Refaat Ahmed J MM Ali Ispahani, son of Late Mirza Mahmood Ispahani, resident of Flat No.4 Mansion, Ispahani Colony Maghbazar, P.S. Ramna, Dhaka and others….................... Petitioners. Vs. MM Ispahani Ltd., 14-15 Motijheel ...... 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)
....rt Division (Special Original Jurisdiction) Present: Md. Imman Ali J Md. Ashfaqul Islam J Abul Kashem (Md.)……………………Petitioner Vs. Government of Bangladesh represented by the Secretary, Ministry of Local Government and Co-operatives and others......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. ......d. Imman Ali J Md. Ashfaqul Islam J Abul Kashem (Md.)……………………Petitioner Vs. Government of Bangladesh represented by the Secretary, Ministry of Local Government and Co-operatives and others………………Respondents Judgment November 27, 2008. ......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
Mosammat Kazi Shamsunnahar Vs. Md. Ramjan Molla and others, 2008, 37 CLC (HCD)
....ration and misconstruction of any evidence and materials on record and prayed for discharge of the rule. In support of his contention he cited the decision in the case of Government of Bangladesh, represented by the Deputy Commissioner, Jessore Vs. Ershad Ali Moral and others, reporte......s discharged. The judgments and orders of the courts below are hereby affirmed. Send down the lower court records at once. Ed. This Case is also Reported in: 29 BLD (HCD) (2009) 391. ......ent: Md. Mizanur Rahman Bhuiyan J Mosammat Kazi Shamsunnahar……………………………Petitioner Vs. Md. Ramjan Molla and others……………………………&h......s discharged. The judgments and orders of the courts below are hereby affirmed. Send down the lower court records at once. Ed. This Case is also Reported in: 29 BLD (HCD) (2009) 391. ..Category: Property Law | Date: 20 Nov, 2008 | Hits: 2
Habibur Rahman Molla Vs. State, 2008, 37 CLC (HCD)
....of significant amount of time, e.g. at the stage of trial where evidence of 17 witnesses have already been recorded by the trial Court. Cases Referred to- Abdul Hakim Vs. State, 45 DLR 352; Bangladesh Vs. Iqbal Hasan Mahmood, 60 DLR (AD) 147; Niamat Ali Sheikh. Vs. Begum Enayetur Noor, 199......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. ...... Result: The Rule is discharged. Interpretation of Statute The language of the statute is not always a decisive factor in determining whether the particular provision of a statute is mandatory or directory. The language of the statute cannot always be faultless, and this leaves room ......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
....ীগণ
রায় প্রদানঃ
নভেম্বর ১৮,২০০৮
Medical Council Act, 1973
Medical and Dental Council Act, 1980 (Act XVI of 1980)
Bangladesh Civil Service Recruitment Rules, 1981
উপরোক্ত আইনের প্......রতিবেদন দাখিল করিবেন।
বিচারপতি মোঃ আবু তারিক.-আমি একমত।
Ed.
This Case is also Reported in:
......lip;…………প্রতিবাদীগণ
রায় প্রদানঃ
নভেম্বর ১৮,২০০৮
Medical Council Act, 1973
Medical and Dental Council Act, 1980 (Act XVI of 1980)
Bangladesh Civil Service Recruitment Rules......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)
....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. ...... 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)
....রা ৭-৭-২০০৫ তারিখের এস.আর.ও. নং ২১১-আইন/২০০৫-সম(বিধি-৫)-৩১/০৪ এর প্রজ্ঞাপন মারফৎ Bangladesh Civil Service Recruitment Rules, 1981 এর সংশোধনীর মাধ্যম......্কে তাহাদের প্রতিবেদন দাখিল করিবেন। বিচারপতি মোঃ আবু তারিক.- আমি একমত। ......ssue 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 Bangladesh Civil Servic......্কে তাহাদের প্রতিবেদন দাখিল করিবেন। বিচারপতি মোঃ আবু তারিক.- আমি একমত। ..Category: Constitutional Law | Date: 18 Nov, 2008 | Hits: 167
Mosammat Setara Begum Vs. Al-Arafah Islami Bank Ltd. and others, 2008, 37 CLC (HCD)
....-3. Writ Petition No.9097 of 2006. Judgment Syed Md. Ziaul Karim J.- This Rule Nisi was issued, on an application under Article 102 of the Constitution of the People's Republic of Bangladesh, calling upon the respondents to show cause as to why the impugned order dated 24-08-200......w. Office is directed to communicate the order at once with a copy of judgment for information and necessary action. Ed. This Case is also Reported in: 14 MLR (HCD) (2009) 480. ......urt Division (Special Original Jurisdiction) Present: Zinat Ara J Syed Md. Ziaul Karim J Mosammat Setara Begum..........Petitioner Vs. Al-Arafah Islami Bank Ltd. and others.............Respondents Judgment November 11, 2008. Result: The Rule......w. Office is directed to communicate the order at once with a copy of judgment for information and necessary action. Ed. This Case is also Reported in: 14 MLR (HCD) (2009) 480. ..Category: Civil Law | Date: 11 Nov, 2008 | Hits: 4
....ion
(Special Original Jurisdiction)
Present:
AFM Abdur Rahman J
SM Emdadul Hoque J
Khabiruddin Ahmed…………………….Petitioner
Vs.
Government of the People's Republic of Bangladesh and others………………………Respondents
Judgment
November 9, 2008.
Resu......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.
......cial Original Jurisdiction)
Present:
AFM Abdur Rahman J
SM Emdadul Hoque J
Khabiruddin Ahmed…………………….Petitioner
Vs.
Government of the People's Republic of Bangladesh and others………………………Respondents
Judgment
November 9, 2008.
Result:
The ......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
Akramuzzaman (Md.) alias Babu Vs. Artha Rin Adalat No. 1 Rajbari and others, 2008, 37 CLC (HCD)
.... No. 2. Writ Petition No. 5635 of 2007 Judgment SM Ziaul Karim J. - This Rule Nisi was issued, on an application under Article 102 (2) of the Constitution of the People's Republic of Bangladesh, calling upon the respondents to show cause as to why the order No. 38 dated 10-4-2007 pa......cate the order at once with a copy of judgment for information and necessary action to all respondents. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 638; 15 MLR (HCD) (2010) 1. ......n (Special Original Jurisdiction) Present: Zinat Ara J SM Ziaul Karim J Akramuzzaman (Md.) alias Babu ……………. Petitioner Vs. Artha Rin Adalat No. 1 Rajbari and others………………..Respondents Judgment November 5, 2008. Result: Th......cate the order at once with a copy of judgment for information and necessary action to all respondents. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 638; 15 MLR (HCD) (2010) 1. ..Category: Civil Law | Date: 5 Nov, 2008 | Hits: 168
....rt. By that reason this Court is satisfied that the P&I clubs in both
the suits have properly been imp leaded as defendant No. 1 in each Suit and by
necessity leading to their correspondents in Bangladesh being imp leaded as
parties as well. That being the case, this Court finds no hindrance ......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. ......
(Admiralty
Jurisdiction)
Present:
Syed
Refaat Ahmed J
United Edible Oils Ltd…………………plaintiff
Vs.
London Steam Ship Owners'
Mutual Insurance Association Ltd. and other(s) …………Defendants
Judgment
October 26, 2008.
Result:
The
Appl......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
Taj Nahar Begum Vs. Government of Bangladesh and others, 2008, 37 CLC (HCD)
....Supreme Court High Court Division (Special Original Jurisdiction) Present: Syed Mahmud Hossain J Farid Ahmed J Taj Nahar Begum..................Petitioner Vs. Government of Bangladesh and others………............Respondents Judgment August 20, 2008. Result: ......ias Sabid Miah, of Village Miapur, PS Sonaimuri, District Noakhali be set at liberty forthwith if not wanted in any other connection. Ed. This Case is also Reported in: 13 BLC (HCD) (2008) 843. ......rt High Court Division (Special Original Jurisdiction) Present: Syed Mahmud Hossain J Farid Ahmed J Taj Nahar Begum..................Petitioner Vs. Government of Bangladesh and others………............Respondents Judgment August 20, 2008. Result: The Rule i......ias Sabid Miah, of Village Miapur, PS Sonaimuri, District Noakhali be set at liberty forthwith if not wanted in any other connection. Ed. This Case is also Reported in: 13 BLC (HCD) (2008) 843. ..Category: Criminal Law | Date: 20 Aug, 2008 | Hits: 20
....n: 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.
......)
Present:
Syed Mahmud Hossain J
Farid Ahmed J
Bangladesh Jatiyo Mahila Ainjibi Samity (BJMAS)....... ....Petitioner
Vs.
Ministry of Home Affairs and Others.............. Respondents
Judgment
August 14, 2008.
Result:&nb......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
....tion of the High Court Division
Section 193 of the Companies Act, 1994 has not been articulated as a provision,
which comes under the ambit of the Company Bench of the High Court Division of
Bangladesh Supreme Court as provided in section 2(d) of the Companies Act,
1994. The provision of s......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.
......n
(Special
Original Jurisdiction)
Present:
AFM
Abdur Rahman J
SM
Emdadul Hoque J
AKM Kamruzzaman Khan …………Petitioner
Vs.
Registrar, Joint Stock Companies and Firms
Dhaka and 6 others …………Respondents
Judgment
August 12, 2008.
Resul......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)
....A Rashid J Nazmun Ara Sultana J Md. Ashfaqul Islam J Idrisur Rahman (Md)……………………………Petitioner Vs. Bangladesh……………………………&h......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. ...... Ahsanullah vs. Bangladesh 44 DLR 179; Venkata Reddy vs. Andhra Pradesh: AIR 1985 SC 724; Nagraj vs. Andhra Pradesh: AIR 1985 SC 551 A K Roy vs. India: AIR 1982 SC 710, 725, Peergada Kazi Shariatulla and others vs. Bangladesh in Writ Petition No. 2207 of 2008; M Shamsul Huque and others vs. Banglade......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)
....y his representative and subsequently he submitted a supplementary statement of wealth to the A.C.C.; that he was the son of Ex-Prime Minister late M. Mansur Ali, a great hero and organizer of Bangladesh Liberation War, 1971; that he was an elected Member of Parliament for four terms and a......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. ......sent: Md. Muzammel Hossain J Syed AB Mahmudul Huq J Mohammad Nasim……………………………………………………………………….Appellant Vs. The State and another…………………………………………………………………Respondents ......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
Motahera Begum and others Vs. Abdul Monaf and others, 2008, 37 CLC (HCD)
....n 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 plaintiffs have no land they improved......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. ......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
State Vs. Metropolitan Police Commissioner, Khulna and others, 2008, 37 CLC (HCD)
.... Supreme Court in People’s Union for Civil Liberties Vs. Union of India, 1997 SCC (Cri) 434; Minister for Immigration and Ethnic Affairs Vs. Teoh, (1995) 69 LJ 423, Hussain Muhammad Ershad Vs. Bangladesh 2001 BLD (AD)69=7 BLC (AD)67. Lawyers Involved: Ms. Fahima Nasrin, Advocate with Ms......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. ......pecial Original Jurisdiction) Present: Md. Imman Ali J Md. Emdadul Huq J The State.......................................Petitioner Vs. The Metropolitan Police Commissioner, Khulna and others..............Respondents Judgment July 22, 2008. Result: The Rule is disposed......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
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