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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. ......e Nisi was issued calling upon the respondents to show cause as to why the detenu Md. Belial Hossain, son of Farid Miah alias Sabid Miah now detained at Noakhali District Jail should not be brought before this Court so that this Court may satisfy itself that he is not being held in custody without l......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.
...... food.
Therefore, we have decided that till completion of the DAN test, the seven children shall remain in the interim custody of Bangladesh National Women Lawyers Association and Bangladesh Society for Enforcement of Human Rights represented by Mrs. Fauzia Karim Feroz and Ms. Alina Khan re................. Respondents
Judgment
August 14, 2008.
Result:
The Rule and the supplementary Rule are made absolute.
Words and Phrases
DNA
DNA stands for ‘Deoxyribonucleic Acid’, a molecule that contains all of our genetic information. By examini......
Therefore, we have decided that till completion of the DAN test, the seven children shall remain in the interim custody of Bangladesh National Women Lawyers Association and Bangladesh Society for Enforcement of Human Rights represented by Mrs. Fauzia Karim Feroz and Ms. Alina Khan respectively u..
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.
......ustry as they were the seller of the denationalized and
privatized enterprise Ms. Kuliarchar Ground Nut Mills Limited. The writ
petitioner thereafter was elected as Managing Director of the Company for the
period until otherwise decided by the Board. On 7-10-2000 the Board of
Directors of the co......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......োগে ভুলের কারণে মহা প্রলয় ঘটে গেছে which was circulated widely in national news media. Strong demand is being made from the Bar and from Civil Society for fair and impartial appointment of judges of the Supreme Court. Mr. Shafique Ahmed, the p......nce should not be declared to be void being ultra vires of Articles 7, 22, 94, 111 and 112 of the Constitution. 2. The Hon'ble Chief Justice by his order dated 18-6-08 constituted this Bench for hearing and disposal of the Rule. On 30-6-2008 when the Rule came up for hearing/ we issued a no......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. ......lant Vs. The State and another…………………………………………………………………Respondents Judgment August 6, 2008. Result: The application for bail is allowed. The Appellate Division in the case of ACC Vs. Barrister Mir Md. ......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
.... time of issuance of the rule is hereby vacated.
The 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) 135.
......Syed Abu Kowser Md. Dabirush-Shan J
S.M. Mohiuddin Hossain…………………………Petitioner
Vs.
Jalalabad Co-Operative Housing Society Limited and others………….Opposite Parties
Judgment
Augus......y passed by the learned Senior Assistant Judge, 5th Court, Sadar, Chittagong in Other Suit No.121 of 1992 should not be set aside.
2. The petitioner being sole plaintiff instituted the suit for permanent injunction in the Court of Senior Assistant Judge, 5th Court, Sadar, Chittagong on 19....... time of issuance of the rule is hereby vacated.
The 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) 135.
..
Category: Civil Law, Property Law | Date: 5 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. ......eing the suit should not be set aside. 2. The petitioner being plaintiffs instituted Other Suit No.45 of 1995 in the Court of the learned Senior Assistant Judge, Cox's Bazar praying a decree for declaration of title to the land measuring an area of 1.50 acres appertaining to R.S. Khati......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. ......urts as well as the other state departments, functionaries and agencies dealing with children, to keep in mind that the best interests of the child (accused or otherwise) must be considered first and foremost in dealing with all aspects concerning that child. 2. The parents of the children who ar......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)
....eported in: 29 BLD (HCD) (2009) 238. ...... 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. ......aka in Arbitration Miscellaneous Case No.661 of 2007 should not be set aside and or pass such other or further order or orders as to this court may seem fit and proper. 2. Short facts, necessary for disposal of this revision are that a dispute having been arisen out of two agreements dated 30.1...... 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)
....azal 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 Vs. State, 1990....... 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. ...... June 18, 2008. Result: The appeal is allowed. Cases Referred to- Managing Director, Rupali 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 Chandr....... 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
City Bank Ltd. Vs. Artha Rin Adalat No.1 Dhaka and others, 2008, 37 CLC (HCD)
....ector, Rupali Bank Limited Vs. Tafazzal Hosaain, 44 DLR (AD) 260; Mir Motiur Rahman Vs. Artha Rin Adalat, 15 BLT (AD) 267; Arfanuddin Akank Vs. Artha Rin Adalat, 15 BLT 343; Sujit Kumar Mondal Vs. Bangladesh, 13 BLC 391. Lawyers Involved: MR Hasan, Advocate - For the Petitioner. ......sult, the Rule is discharged without any order as to cost. The order of stay granted earlier by this Court stands vacated. Ed. This Case is also Reported in: 13 BLC (HCD) (2008) 911. ......nder Article 102 of the Constitution does not lie against the judgment and decree whether ex parte or on contest passed by the Artha Rin Adalat since there being specific provision in the statute for filing appeal against such judgment and decree passed…………………………….(20) ......sult, the Rule is discharged without any order as to cost. The order of stay granted earlier by this Court stands vacated. Ed. This Case is also Reported in: 13 BLC (HCD) (2008) 911. ..Category: Civil Law | Date: 17 Jun, 2008 | Hits: 7
Nadia Khalil Vs. Rudess Karim, 2008, 37 CLC (HCD)
....of the suit and to produce Radyna Karim before the court and the other praying for injunction against the defendant-father of the minor girl, restraining him from taking away the minor girl out of Bangladesh. The defendant Mr. Rudess Karim after taking adjournments on some occasions did not pr...... 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. ...... Judgment June 17, 2008. Result: The Rule is made absolute. The Family Courts Ordinance 1985 (Ordinance No. XVIII of 1985); section 16A Condition precedent for invoking section 16A Section 16A of the Ordinance has empowered the family court to exer...... 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. ..Category: Family Law | Date: 17 Jun, 2008 | Hits: 19
Golam Md. Shiblee Vs. Second Labor Court, 2008, 37 CLC (HCD)
.... Judgment June 17, 2008. Result: The Rule is discharged without any order as to cost. Case Referred to- James Finally PLC Vs. Chairman 2nd Labors Court, 57 DLR (AD) 196: Bangladesh Supreme Court Reports (1978) 467: 32 DLR 36: 34 DLR 1; Mostafa Miah Vs. First Labor Court......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. ......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 840. Th......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. ..Category: Labour and Industrial Law | Date: 17 Jun, 2008 | Hits: 30
Unilever Bangladesh Ltd. Vs. Chairman, National Board of Revenue and others, 2008, 37 CLC (HCD)
.... DLR (HCD) (2009) 156. ......s manufactured by the petitioner company as mentioned in both the Writ petitions. Communicate this order at once. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 156. ......law of the land and paying regular tax. Duties and other charges in accordance with law. That some persons and companies importing and also trying to further import low quality goods mentioned as aforesaid manufactured by other foreign companies in violation of the provision of section 50 of the......s manufactured by the petitioner company as mentioned in both the Writ petitions. Communicate this order at once. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 156. ..Category: Fiscal/Taxation Law | Date: 11 Jun, 2008 | Hits: 9
A.B.M. Khaliquzzaman and others Vs. United Commercial Bank Ltd. and others, 2008, 37 CLC (HCD)
....tary, 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 Matter No.05 o......ng up of this Order and to report the compliance thereof within 1(one) week thereafter. There is no order as to costs. Ed. This Case is also Reported in: 28 BLD (HCD) (2008) 635. ......f 2008. Judgment Syed Refaat Ahmed J.- These are four Applications variously filed under Sections 81(2) and 85(3) of the Companies Act, 1994 ("the Act") that proceed on a common premise for the holding of the 20th, 21st, 22nd, and 23rd Annual General Meetings (AGMs) of United Commerci......ng up of this Order and to report the compliance thereof within 1(one) week thereafter. There is no order as to costs. Ed. This Case is also Reported in: 28 BLD (HCD) (2008) 635. ..Category: Company Law | Date: 11 Jun, 2008 | Hits: 43
Haji Nasirullah and another Vs. Government of Bangladesh and others, 2008, 37 CLC (HCD)
....hellip;…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. Result: Wri...... such power. It is a condition precedent. It cannot be whittled down by any device." 26. In the above case, the land was proposed to be acquired for Sub-Divisional Co-operative Multipurpose Society Ltd., Kishoregonj, a private body engaged in profit earning businesses. In the instant case,......8 and 3071 are disposed of. Cases Referred to- M. A. Salam Vs. Government of the People's Republic of Bangladesh represented by the Secretary, Ministry of Land Administration and Land Reforms and Others, (2001) 6 MLR (AD) 184; Noel Gregory Mendes Vs. Deputy Commissioner, Chittagong and......ed. No order as to costs. The Rule issued in Writ Petition No.3071 of 2008 is discharged without any order as to costs. Ed. This Case is also Reported in: 29 BLD (HCD) (2009) 7. ..Category: Property Law | Date: 8 Jun, 2008 | Hits: 11
Tasmima Hossain Vs. Anti-Corruption Commission and others, 2008, 37 CLC (HCD)
....;……….......................Respondents Judgment June 08, 2008. Result: The Rule is made absolute. Cases Referred to- Shafiqul Islam Shimul (Md.) Vs. Bangladesh, (2004) 56 DLR 239; Monsur Ali (Md.) and other Vs. State, (2003) 55 DLR (AD) 131; Alamgir...... authority and as such, of no legal effect and accordingly, quashed so far the petitioner is concerned. Communicate at once. Ed. This Case is also Reported in: 29 BLD (HCD) (2009) 1. ......i-corruption Commission to show cause as to why initiation and continuation of proceedings of ACC GR Case No.125 of 2007 corresponding to Dhanmondi PS Case No.20 of 2007 dated 07.10.07 then pending before the Court of Chief Metropolitan Magistrate at Dhaka should not be declared to have been initiat...... authority and as such, of no legal effect and accordingly, quashed so far the petitioner is concerned. Communicate at once. Ed. This Case is also Reported in: 29 BLD (HCD) (2009) 1. ..Category: Anti-Corruption Laws, Criminal Law | Date: 8 Jun, 2008 | Hits: 7
Mst. Phulbanu @ Phul Vs. State, 2008, 37 CLC (HCD)
....g money etc., for providing foreign employment.- Whoever for providing or securing, or on the pretext of providing or securing, to or for any person, employment in any country beyond the limits of Bangladesh- (a) being a recruiting agent, charges fee in addition to the prescribed amount; ......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. ......nal Code. The Special Court under The Emigration Ordinance, 1982 is not authorised to try any offence either under section 406 or under section 420 of the Penal Code far less exclusively. The informant has the option to activate prosecution of the accused under The Emigration Ordinance, 19......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)
....…………………. Petitioner (In Writ Petition No. 479 of 2007) Suheli Mahmood………………………………………..Petitioner (In Writ Petition No. 5182 of 2007) Vs. Bangladesh Biman Corporation and others…………………………………… Respondents ......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. ......ager, Flight Service on 8.9.2005. Lastly, the petitioner was placed as Manager, Flight Service (Briefing) on 11.10.2005. The petitioner was born on 6.1.1957, that is, he has another 7 years left before his retirement in the ordinary course of his service. The petitioner received the impugned ord......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. ..Category: Procedural Law | Date: 4 Jun, 2008 | Hits: 7
Abul Kalam Azad (Md.) Vs. State and another, 2008, 37 CLC (HCD)
.... Metro Sessions Case No. 152 of 2007 pending in the court of Metropolitan Assistant Sessions Judge, 5th Court, Dhaka is quashed. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 91. ......ding or on whom summons has been served. He can be any one of the directors who will be in a position to answer material questions relating to the suit. In the case of Rambhan Vs. Vinkar Co-operative Society, Cheda AIR 1966 (Bom) 187, a case under section 91 (1) of Maharashtra Co-operative Society A......ule is made absolute. Words and phrases Any The word “any” used with singular countable nouns refers to one of a number of things or people when it does not matter which one. [Oxford Advanced Learner's Dictionary, Sixth Edition]. "Any" has been interpreted in different laws as ...... Metro Sessions Case No. 152 of 2007 pending in the court of Metropolitan Assistant Sessions Judge, 5th Court, Dhaka is quashed. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 91. ..Category: Banking Law | Date: 22 May, 2008 | Hits: 227
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