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Monir Hossain (Md.) and anothers Vs. Bangladesh and others, 2010, 39 CLC (AD)

.... any recommendation of a candidate for any posts do not acquire any right to the said posts………..(12) Cases Referred To- Shankarasan Vs. Union of India, (1991) 3 SCC 47; State of Haryana Vs. Subhash Chandra Marwala, (1974) 3 SCC 220; Neelima Shangla Vs. State of Haryana......Karim CJ Md. Abdul Matin J SAN Mominur Rahman J ABM Khairul Haque J MM. Hossain J SK Sinha J Monir Hossain (Md.) and anothers........................Petitioners Vs. Bangladesh and others........................................Respondents Judgment ......No.2081 of 2008. The petition is accordingly dismissed. Ed. This Case is also Reported in: 16 BLC (AD) (2011) 41, VIII ADC (2011) 404, 8 LG (AD) (2011) 141, 16 MLR (AD) (2011) 245. ......No.2081 of 2008. The petition is accordingly dismissed. Ed. This Case is also Reported in: 16 BLC (AD) (2011) 41, VIII ADC (2011) 404, 8 LG (AD) (2011) 141, 16 MLR (AD) (2011) 245. ..

Category: Employment/Service Law | Date: 11 Jul, 2010 | Hits: 104

Bangladesh Legal Aid and Services Trust and Others Vs. Government of Bangladesh and Others, 2010, 39 CLC (HCD)

..... Article 27 of the Constitution provides that all citizens are equal before law and are entitled to equal protection of law. Sub-Articles (1) and (2) Article 28 of the Constitution state that the State shall not discriminate against any citizen on grounds only of religion, race, caste, sex or pl......alahuddin Dolon……………………….Petitioner (In Writ Petition No. 754 of 2010). Mahbub Shafique and others………………………..Petitioners (In Writ Petition No. 4275 of 2010). Vs. Government of Bangladesh and Others………………………..Respondents. Judgment J...... Children's Affairs and the Inspector General of police by a special messenger of the Court at the costs of the office. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 61; 63 DLR (2011) 1....... Children's Affairs and the Inspector General of police by a special messenger of the Court at the costs of the office. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 61; 63 DLR (2011) 1...

Category: Women and Children | Date: 8 Jul, 2010 | Hits: 335

Chairman, National Board of Revenue (NBR) Vs. Advocate Zulhas Uddin Ahmed and others, 2010, 39 CLC (AD)

....;ল্যাব্রেটরি”. The writ-petitioners have misread the clause (a) of the 2nd schedule of the Act. 4. It appears that Article 18 of the Constitution which is in its fundamental State policy provides for; "(1) The State shall regard the raising of the level of nutrition a......ul Matin J Shah Abu Nayeem Mominur Rahman J Md. Muzammel Hossain J Surendra Kumar Sinha J The Chairman, National Board of Revenue (NBR), Shegunbagicha, Dhaka, Bangladesh............…Petitioner Vs. Advocate Zulhas Uddin Ahmed and others.............Respondents Judgment July 8, 2010. Result...... of the learned Assistant Attorney General appearing for the petitioners. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 15 MLR (AD) (2010) 457; 18 BLC (AD) (2013) 52. ...... of the learned Assistant Attorney General appearing for the petitioners. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 15 MLR (AD) (2010) 457; 18 BLC (AD) (2013) 52. ..

Category: Health Law | Date: 8 Jul, 2010 | Hits: 376

Dhirendra Nath Mondal Vs. Agrani Bank Ltd and others, 2010, 39 CLC (HCD)

....3 of 2001 is hereby affirmed. However, there will be no order as to costs. Send down the lower Court's record at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 301. ......on) Present: Quamrul Islam Siddiqui J         Borhanuddin J     Dhirendra Nath Mondal..................Appellant Vs.  Agrani Bank Ltd and others.............Respondents Judgment   &nb......3 of 2001 is hereby affirmed. However, there will be no order as to costs. Send down the lower Court's record at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 301. ......Adalat, which renders such decree void ab-initio. 7. Relating to jurisdiction of civil court ousted by express provisions of the other statutes the learned Advocate referred to the case of Yakub Ali Vs. Arabjan Bibi, reported in 5 DLR1; the case of Fazlur Rahman Vs. Abdul Jabbar Jamader, report..

Category: Civil Law | Date: 7 Jun, 2010 | Hits: 6

Md. Sahab Uddin Vs. State and another, 2010, 39 CLC (HCD)

....HCD) (2012) 467. ......n: 17 MLR (HCD) (2012) 467. ......ult, the rule is discharged. The order of stay granted earlier by this Court shall stand vacated. Communicate the order at office. Ed. This Case is also Reported in: 17 MLR (HCD) (2012) 467. ......tion and that he cannot transfer this cheque to any other persons by negotiation……………………………(14) Lawyers Involved: Md. Fakhar Uddin, Advocate - For the petitioner. Md. Ali, Advocate - For the opposite party No.2. Criminal Miscellaneous Case No.23880 of 2009. Ju..

Category: Civil Law | Date: 30 May, 2010 | Hits: 43

Abul Hashem Vs. State, 2010, 39 CLC (HCD)

.... High Court Division (Criminal Appellate Jurisdiction) Present: AFM Abdur Rahman J SM Emdadul Hoque J Abul Hashem and 2 others....................Appellants Vs. State……………………………............. Court High Court Division (Criminal Appellate Jurisdiction) Present: AFM Abdur Rahman J SM Emdadul Hoque J Abul Hashem and 2 others....................Appellants Vs. State…………………………&helli......e set at liberty at once if not wanted in connection with any other case. Send down the LC records at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013)16.   ......vestigation Officer that accused Abdur Rahman by showing a dao threatened them or he told the Investigation Officer that accused Abdur Rahman, Salam and Yunus were sitting upon shore of pond of Abbas Ali. He further denied that no occurrence took place at the time, place and manner as he stated or a..

Category: Evidence Law | Date: 26 May, 2010 | Hits: 8

Commissioner of Customs and others Vs. M/S. Sunlit Fashion Limited, 2010, 39 CLC (AD)

.... order dated 2.11,2002 passed by the High Court Division is set aside. The appeal is allowed without any order as to cost. This Case is also Reported in: 16 MLR (AD) (2011) 54, VIII ADC (2011) 29. ...... Appellate Division (Civil) Present: MM Ruhul Amin CJ Md. Tafazzul Islam J Md. Abdul Matin J Md. Abdul Aziz J Commissioner of Customs and others……............Appellants Vs. M/S. Sunlit Fashion Limited..................................Respondent Judgment May 19...... order dated 2.11,2002 passed by the High Court Division is set aside. The appeal is allowed without any order as to cost. This Case is also Reported in: 16 MLR (AD) (2011) 54, VIII ADC (2011) 29. ...............Respondent Judgment May 19, 2010. Lawyers Involved: Mahbubey Alam, Attorney General, instructed by A.S.M. Khalequzzaman, Advocate-on-Record-For the Appellants. A. J. Mohammad Ali, Senior Advocate, instructed by Md. Nurul Islam Bhuiyan, Advocate-on-Record-For the Respondent. ..

Category: Fiscal/Taxation Law | Date: 19 May, 2010 | Hits: 63

Roshanally Mohamed Harji and another Vs. AKM Zakir Hossain and another, 2010, 39 CLC (HCD)

....ut any order as to costs. Sent down the lower Court record. Communicate this order at once. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 85; 20 BLT (HCD) (2012) 532 . ......ision (Civil Appellate Jurisdiction) Present: Sharif Uddin Chaklader J Md. Nuruzzaman J Roshanally Mohamed Harji and another……………………Defendant-Appellants Vs. AKM Zakir Hossain and another………………………Respondents Judgment May......ut any order as to costs. Sent down the lower Court record. Communicate this order at once. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 85; 20 BLT (HCD) (2012) 532 . ......…..(16) Cases Referred to- Nasima Akhter Vs. Md. Siraj Miah, 10 MLR (AD) 53 = 57 DLR (AD) 38; Hajee Lal Miah Vs. Nurul Amin, 10 MLR (AD) 249 = 57 DLR (AD) 64; Joynab Begum Vs. Shaheb Ali Akunji, 12 MLR 337; Shamsul Haque Vs. Sarafat Ali, 46 DLR 57; Reliable Jute Traders Vs. Sonali B..

Category: Property Law | Date: 12 May, 2010 | Hits: 133

Aftab Automobiles Ltd Vs. Superintendent Customs, Excise & VA, 2010, 39 CLC (HCD)

.... 33. The order of stay granted earlier by the court stands vacated. Communicate the judgment to the respondents at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 138. ......Jurisdiction) Present: Zinat Ara J         Syed Abu Kowser J Aftab Automobiles Ltd ........................................Petitioner Vs. Superintendent Customs, Excise & VAT & others……................Respon...... 33. The order of stay granted earlier by the court stands vacated. Communicate the judgment to the respondents at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 138. ......t take resort to invoke writ jurisdiction without exhausting the forum provided under section 9 (2 ka) of the VAT Act. ........ (27)    Lawyers Involved: Zakir Hossain Munshi with Ali Akbor Khan, Advocates—For the Petitioner. Israt Jahan, Assistant Attorney-General&mda..

Category: Fiscal/Taxation Law | Date: 10 May, 2010 | Hits: 6

Nazma Sarwar and others Vs. Government of Bangladesh and others, 2010, 39 CLC (HCD)

....ption Commission Vs. Mohammad Hossain and others, 61 DLR (AD) 17; The Anti-Corruption Commissioner Vs. Dr. H.B.M. Alamgir and others, 18 BLT (AD) 266; ACC Vs. HBM Iqbal, 15 BLC (AD) 44; Gul Hasan Vs. State, 21 DLR (SC) 109; Chand Shah Vs. Crown, PLD 1956 FC 43 = 8 DLR (FC) 24. Lawyers Involved......me Court High Court Division (Writ) Present: Md. Ashfaqul Islam J SM Emdadul Hoque J Nazma Sarwar, wife of A.T.M. Sarwar Hossain and others...............Appellants Vs. Government of Bangladesh repre­sented by the Secretary, Ministry of home Affairs, Banglade......opy of this judgment be trans­mitted to the Court concerned at once. SM Emdadul Hoque J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 359; 17 MLR (HCD) (2012) 412. ......opy of this judgment be trans­mitted to the Court concerned at once. SM Emdadul Hoque J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 359; 17 MLR (HCD) (2012) 412. ..

Category: Procedural Law | Date: 6 May, 2010 | Hits: 109

Sarwar Hossain Moni Vs. State and another, 2010, 39 CLC (HCD)

.... Court Division (Criminal Miscellaneous Jurisdiction) Present: Md. Fazlur Rahman J Syeda Afsar Jahan J Sarwar Hossain Moni……………………………Accused-Petitioner Vs. State and another…………………………Opposite Parties Judgment May 6, 2010. Re...... High Court Division (Criminal Miscellaneous Jurisdiction) Present: Md. Fazlur Rahman J Syeda Afsar Jahan J Sarwar Hossain Moni……………………………Accused-Petitioner Vs. State and another…………………………Opposite Parties Judgment May 6, 2010. ......ed to dispose of the case as expeditiously as possible. Let a copy of this order be communicated to the Court concerned immediately. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 510.......ed to dispose of the case as expeditiously as possible. Let a copy of this order be communicated to the Court concerned immediately. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 510...

Category: Banking Law | Date: 6 May, 2010 | Hits: 573

Amina Khatun and others Vs. State and others, 2010, 39 CLC (HCD)

.... High Court Division (Civil Appellate Jurisdiction) Present: Sharif Uddin ChakladerJ Md. Shawkat Hossain J Amina Khatun and others..................Appellants Vs. State and others..............................Respondents Judgment April 26, 2010. Re......Court High Court Division (Civil Appellate Jurisdiction) Present: Sharif Uddin ChakladerJ Md. Shawkat Hossain J Amina Khatun and others..................Appellants Vs. State and others..............................Respondents Judgment April 26, 2010......n Title Suit No.351 of 1994 is set-aside. Title Suit No.351 of 1994 is decreed. Send down the lower Court records at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 106. ......n Title Suit No.351 of 1994 is set-aside. Title Suit No.351 of 1994 is decreed. Send down the lower Court records at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 106. ..

Category: Property Law | Date: 26 Apr, 2010 | Hits: 9

Abu Borhan Khan Khokon Vs. The State & another, 2010, 39 CLC (HCD)

....rt Division (Criminal Miscellaneous Jurisdiction) Present: Siddiqur Rahman Miah J Krishna Debnath J Abu Borhan Khan Khokon……………………Petitioner Vs. The State & another………………………Opposite parties Judgment April 25, 2010. ...... High Court Division (Criminal Miscellaneous Jurisdiction) Present: Siddiqur Rahman Miah J Krishna Debnath J Abu Borhan Khan Khokon……………………Petitioner Vs. The State & another………………………Opposite parties Judgment April...... The order of stay granted earlier shall stands vacated. Send a copy of this judgment to the Court concerned for compliance. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 300.......……………Opposite parties Judgment April 25, 2010. Result: The Rule is discharged. Case Referred to- Nizamuddin Mahmood Vs. Abdul Hamid Bhuiyan, 60 DLR (AD) 195, Ali Akkas Vs. Enayet Hossain and others, 17 BLD (AD) 44. Lawyers Involved: None appears - ..

Category: Banking Law | Date: 25 Apr, 2010 | Hits: 177

Sheikh Hasina Vs. State and another, 2010, 39 CLC (HCD)

.... High Court Division (Criminal Miscellaneous Jurisdiction) Present: Md. Shamsul Huda J Abu Bakar Siddiquee J Sheikh Hasina................Accused-Petitioner Vs. State and another..............Opposite-Parties Judgment April 22, 2010. Result: ......e Court High Court Division (Criminal Miscellaneous Jurisdiction) Present: Md. Shamsul Huda J Abu Bakar Siddiquee J Sheikh Hasina................Accused-Petitioner Vs. State and another..............Opposite-Parties Judgment April 22, 2010. Re...... now pending in the Court of Divisional Special Judge, Dhaka is quashed in respect of the petitioner. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 22; 30 BLD (HCD) (2010) 429 ....... now pending in the Court of Divisional Special Judge, Dhaka is quashed in respect of the petitioner. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 22; 30 BLD (HCD) (2010) 429 ...

Category: Criminal Law | Date: 22 Apr, 2010 | Hits: 107

Kazi Md. Abdul Basit Vs. State, 2010, 39 CLC (HCD)

....) Present Mohammad Fazlul Karim CJ Md. Muzammel Hossain J Surendra Kumer Sinha J Kazi Md. Abdul Basit..........................................Petitioner Vs. The State.........................................................Respondent Judgment April 13...... (Criminal) Present Mohammad Fazlul Karim CJ Md. Muzammel Hossain J Surendra Kumer Sinha J Kazi Md. Abdul Basit..........................................Petitioner Vs. The State.........................................................Respondent Judgment......r arrived at a correct decision which does not require any interference by this Court. Accordingly, the leave petition is dismissed. This Case is also Reported in: 17 MLR (AD) (2012) 219. ......IR 1949 FC1; Swesh Kumar Bhikamchand Jain Vs. Pandey Ajay Bhushan, AIR 1998 SC 1524; P.K Pradhan Vs. State, AIR 2001 SC 2547; Abdul Awal (Md.) and another Vs. State, 50 DLR (HCD) 483; A.S.I. Md. Ayub Ali Sarder and another Vs. the State, 26 BLD (AD) 23; F.M. Mohiuddin Rashiduzzaman Vs. Bahauddin Ahm..

Category: Criminal Law | Date: 13 Apr, 2010 | Hits: 119

Md. Amzad Hossain Sarder alias Bhojey and others Vs. State, 2010, 39 CLC (HCD)

.... Siddiquee J Md. Amzad Hossain Sarder alias Bhojey and others……………………………….Accused-Petitioner Vs. The State……………………………&hellip...... Abu Bakar Siddiquee J Md. Amzad Hossain Sarder alias Bhojey and others……………………………….Accused-Petitioner Vs. The State…………………………&h......not inclined to interfere with the impugned order. In the result, the rule is discharged. Communicate the order forthwith. Ed. This Case is also Reported in: 17 MLR (HCD) (2012) 416. ......not inclined to interfere with the impugned order. In the result, the rule is discharged. Communicate the order forthwith. Ed. This Case is also Reported in: 17 MLR (HCD) (2012) 416. ..

Category: Evidence Law | Date: 12 Apr, 2010 | Hits: 8

Md. Osman Gani alias Faruq Mia Vs. Deputy Commissioner and others, 2010, 39 CLC (HCD)

..... Office is directed to communicate the order at once. Syed Md. Ziaul Karim J.- I Agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 179; 18 BLT (HCD) (2010) 311 . ......LT (HCD) (2010) 311 . ....... Office is directed to communicate the order at once. Syed Md. Ziaul Karim J.- I Agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 179; 18 BLT (HCD) (2010) 311 . ....... Office is directed to communicate the order at once. Syed Md. Ziaul Karim J.- I Agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 179; 18 BLT (HCD) (2010) 311 . ..

Category: Procedural Law | Date: 6 Apr, 2010 | Hits: 111

Sayeda Nasima Sarwar Vs. Government of Bangladesh, 2010, 39 CLC (HCD)

....opriate Court and surrender there. In the absence of such surrender she is a fugitive from justice………………(10) Cases Referred to- Salma Shahadat Vs. State, 14 BLC 26; Bangladesh Vs. Tan Kheng Hock, 31 DLR (AD) 69; Anti Corruption Commission and othe......ent: Md. Imman Ali J Md. Abu Tariq J Sayeda Nasima Sarwar, wife of Majibar Rahman Sarwar…………………………Petitioner Vs. Government of Bangladesh, Represented by the Secretary, Ministry of Home Affairs, Banglade...... by this Court at the time of issuance of the Rule is hereby vacated. Let a copy of this judgment be communicated at once. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 350. ......communicated at once. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 350. ..

Category: Anti-Corruption Laws | Date: 22 Mar, 2010 | Hits: 103

Safiat Sobhan Vs. Anti-Corruption Commission and others, 2010, 39 CLC (HCD)

.... Dhaka Vs. Shamima Begum, Civil Petition for Leave to Appeal No.1656, 1658-59 of 2008; Anti Corruption Commission Vs. Md. Hasan, Civil Petition for Leave to Appeal No.1432 of 2008; Salma Shahadat Vs. State, 14 BLC 26; CPLA No.1432 of 2008; ACC Vs. Mahmud Hossain, 61 DLR (AD) 17; CPLA No. 22 of 2010....... Court Division (Special Original Jurisdiction) Present: Md. Imman Ali J Md. Abu Tariq J Safiat Sobhan………………….Petitioner Vs. Anti-Corruption Commission and others………Respondent Judgment ...... by this Court at the time of issuance of the Rule is hereby vacated. Let a copy of this Judgment be communicated at once. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 511. ......communicated at once. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 511. ..

Category: Anti-Corruption Laws | Date: 22 Mar, 2010 | Hits: 189

Md. Tofazzel Hossain and others Vs. People's Republic of Bangladesh, 2010, 39 CLC (HCD)

....f this Judgment and order. Ad interim direction granted earlier at the time of issuance of the Rule is hereby vacated. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 235. ...... (Special Original Jurisdiction) Present: Md. Imman Ali J Md. Abu Tariq J Md. Tofazzel Hossain, Son of Late Hajee Asraf Ali and others……………………..Petitioner Vs. People's Republic of Bangladesh, represented by its Secretary, Ministry of Finance, Bangla......f this Judgment and order. Ad interim direction granted earlier at the time of issuance of the Rule is hereby vacated. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 235. ......by vacated. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 235. ..

Category: Civil Law | Date: 16 Mar, 2010 | Hits: 7