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Fahima Nasrin Vs. Government of Bangladesh and others, 2009, 38 CLC (HCD)
....sion (Special Original Jurisdiction) Present: Md. Imman Ali J Sheikh Abdul Awal J Fahima Nasrin, daughter of Abul Hashem Mia........................Petitioner Vs. Government of Bangladesh and others..........................Respondents Judgment February 11, 2009. Res......the Judiciary. Let the lower Court records be transmitted at once along with a copy of this judgment. Sheikh Abdul Awal J. - I agree. This Case is also Reported in: 61 DLR (HCD) (2009) 232. ......iae. Writ Petition No. 3646 of 2008. Judgment Md. Imman Ali J.- This application was filed by a learned member of the Supreme Court Bar under Article 102(2)(a)(i) of the Constitution in the form of a public interest litigation. Upon hearing the petitioner, Rule Nisi was issued calling upon......the Judiciary. Let the lower Court records be transmitted at once along with a copy of this judgment. Sheikh Abdul Awal J. - I agree. This Case is also Reported in: 61 DLR (HCD) (2009) 232. ..Category: Women and Children | Date: 11 Feb, 2009 | Hits: 189
A. J. M. Helal & others Vs. Bangladesh and others, 2009, 38 CLC (HCD)
....hellip;………………………………………………………Petitioner Vs. Bangladesh and others………………………&hellip......surrender their respective bail bond within 2 (two) months from date. Communicate this judgment at once. Ed. This Case is also Reported in: 29 BLD (HCD) (2009) 264. ......ing out of C.R. Case No.150 of 2006 (Bandor Zone) convicting the petitioner under section 138(1) of the Negotiable Instrument Act and sentencing him thereunder to suffer simple imprisonment for 6(six) months and to pay a fine of Tk. 12,30,600/-. 4. Writ petition No.6720 of 2008 is fro......surrender their respective bail bond within 2 (two) months from date. Communicate this judgment at once. Ed. This Case is also Reported in: 29 BLD (HCD) (2009) 264. ..Category: Corporate Law | Date: 9 Feb, 2009 | Hits: 5
AJM Helal Vs. Bangladesh and others, 2009, 38 CLC (HCD)
.... Court High Court Division (Special Original Jurisdiction) Present: Md. Imman Ali J Sheikh Abdul Awal J AJM Helal…………....................Petitioner Vs. Bangladesh and others.........Respondents Judgment February 9, 2009. Result: The......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. ...... appeal is a continuation of the suit/case and there is no dispute that in the society a class of borrowers or drawers in taking shelter of this principles of law deliberately used to drag the appeal for an indefinite period in order to hang the process of realization of loan money or unpaid cheque'......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. ..Category: Civil Law | Date: 9 Feb, 2009 | Hits: 45
Sontosh Kumar Shaha Vs. Government of Bangladesh and others, 2009, 38 CLC (HCD)
....wdhury J Sontosh Kumar Shaha…………………………………………Petitioner Vs. Government of Bangladesh and others………………Respondents Judgment ......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. ......fficial gazette, by implementing the order of withdrawal of suspension of the petitioner dated 26.4.2003 (Annexure-J) along with Memo No.218 dated 26.4.2004 (Annexure N-(9) by placing the same before the General Administration Committee (G.A. Committee) as per rule 3(d)(16) of the High Court Di......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. ..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)
.... Abdul Latif Howlader and others…………………………………………Petitioners Vs. Government of Bangladesh, represented by The Secretary, Ministry of Forrest and Environment, Bangladesh and others......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. ......7.2007 (Annexure-F) issued by respondent No.4 should not be declared to have been passed without lawful authority and is of no legal effect. 2. The facts of the case, so far as are relevant for disposal of this Rule, are that the petitioners and 33 others were appointed as night guards and......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. ..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)
.... Present: Syed Mahmud Hossain J Quamrul Islam Siddiqui J Dr. Shipra Chaudhury and another………………Petitioners Vs. Government of Bangladesh and others…………Respondents Judgment January 19, 2009......rity and in an unlawful manner. 38. There is no order as to costs. I Agree Quamrul Islam Siddiqui J. Ed. This Case is also Reported in: 29 BLD (HCD) (2009) 183. ......respondents to show cause as to why Dr. Humayra Abedin alias Dorothy, daughter of Mohammad Joynal Abedin, now being detained in the custody of respondent Nos.1 and 2 should not be brought before this Court so that it may satisfy itself that she is not being held in custody without lawful a......rity and in an unlawful manner. 38. There is no order as to costs. I Agree Quamrul Islam Siddiqui J. Ed. This Case is also Reported in: 29 BLD (HCD) (2009) 183. ..Category: Women and Children | Date: 19 Jan, 2009 | Hits: 10
....
appellant is a third party and, as such, he has got no authority to challenge
the ex parte decree. The suit
having been decided on the merits up to the Appellate Division of the Supreme
Court of Bangladesh
in favor of the respondents and so this appeal can't be admitted."
(underlined by me)
......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.
......an
order dated 1-6-08 passed by the District Judge at Dhaka in Title Appeal No.
140 of 2008, which dismissed the appeal upon rejection of the application made
under section 5 of the Limitation Act for condonation of delay and affirmed the
ex parte decree dated 29-5-86.
2. Case of the petiti......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.
..
Category: Hindu Law | Date: 18 Dec, 2008 | Hits: 22
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. ......-6-1985 both days inclusive though no crane service was provided to the appellant. On the representation of the appellant by circular No.113 of 85 dated 8-6-1985 Chittagong Port Authority informed all concerned that no hire charges be realized would be refunded to the respective port user ......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. ......GR Case No. 44 of 2008 now pending in the Special Judge Court No. 6, Sher-e-Bangla Nagar, Dhaka should not be declared to be without lawful authority and is of no legal effect. 2. Facts relevant for disposal of the Rule, in brief, are that the petitioner was arrested by Rapid Action Battalion-1...... 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. ......az Rahman, Advocate-For the Respondents. Company Matter No. 40 of 1994. Judgment Syed Refaat Ahmed J.- This Application as filed in 1994 under Section 38 of the Companies Act, 1913 for a rectification of share register has finally come to be disposed of fourteen years later by thi...... 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......n of law. 2. In all these writ petitions, Rule was issued calling upon the respondents to show cause as to why the order dated 6-10-2008 passed by the respondent No. 2 Registrar Co-operative Society Samabi Adhidaptar, Samabi Bhaban affirming the order dated 25-9-2008 passed by the responde......e nomination paper of the petitioners should not be declared to have been passed illegally, without jurisdiction and without lawful authority and is of no legal effect. 3. The facts necessary for the disposal of the Rules, in brief, are that the petitioners are engaged with the co-operative......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. ...... order dated 30.04.2000 passed by the learned Senior Assistant Judge, Munshiganj, in Pre-emption Miscellaneous Case No.35 of 1999 allowing the said Miscellaneous Case. 2. The facts involved for disposal of the rule are as follows: The opposite party No.1 as petitioner filed a Pre-empt......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. ......the concerned Court at once. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 1, 29 BLD (HCD) (2009) 227. ......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:
......1980)
Bangladesh Civil Service Recruitment Rules, 1981
উপরোক্ত আইনের প্রস্তাবনা নিুরূপঃ
“..............to provide for the constitution of a Medical and Dental Council, for regulating registration of medical practit......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. ...... Abdur Rab, 33 DLR (AD) 143; Yeahia Khan Vs. Government of Bangladesh, Writ Petition No. 5284 of 2004 (unreported). Lawyers Involved: Munsurul Hoque Chowdhury with Md. Yousuf Ali, Advocates — for the petitioner. Salahuddin Ahmed, Attorney General — for the Respondents. Writ Petition......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। ...... “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) ......্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. ...... to this Rule are that on 21-04-2005 respondent No.1 Al-Arafa Islami Bank Ltd. Moulvi Bazar Branch, (briefly as Bank) instituted Artho Rin Suit No.67 of 2005 impleading the petitioner as defendant for realization of Tk.25,06,408/- with interest till 19-04-2005. 3. Eventually the suit was dec......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.
......- This Rule at the instance of the petitioner Khabiruddin Ahmed is directed against the respondents to show cause as to why the action of the respondents in not considering the case of the petitioner for promotion should not be declared to have been taken without any lawful authority and is of no le......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. ......of the principal debtor is co-extensive with that of the guarantor or mortgagor. The creditor is at liberty to pursue either the principal debtor or guarantor or mortgagor according to his sweet will for realization of his dues or he can proceed against both of them simultaneously. Moreover, the lia......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. ......
Judgment
Syed
Refaat Ahmed J. -
These are two Applications filed on behalf of the defendant Nos. 1 and 2 in
both cases under Order I, rule 10 (2) of the Code of Civil Procedure
("Code") for striking out the names of the defendant Nos. 1 and 2
from each of the plaints in the two Suits.......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
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