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Bangladesh National Women Lawyers Association (BNWLA) Vs. Bangladesh and Others, 2009, 38 CLC (HCD)

.... Rajendra Medical College, AIR 1973 SC 1260. Lawyers Involved: Mrs. Fawzia Karim Firoze with Mrs. Seema Zahur, Ms. Rebeka Sultana and Ms. Sathi Shahjahan-for the petitioner. Razik Al-Jail, Deputy Attorney General-for respondent No. 3. Dr. Rafiqur Rahman, Senior Advocate-for respondent ......ficult task in public interest. There is no order as to costs. Quamrul Islam Siddiqui J.- I agree. Ed. This Case is also Reported in: 29 BLD (HCD) (2009) 415, 14 BLC (HCD)(2009) 694. ......iginal Jurisdiction) Present: Syed Mahmud Hossain J Quamrul Islam Siddiqui J Bangladesh National Women Lawyers Association (BNWLA)...... the petitioner Vs. Government of Bangladesh and Others...... the respondents Judgment May 14, 2009. Cases Referred to- H.M. Ershad......l College, AIR 1973 SC 1260. Lawyers Involved: Mrs. Fawzia Karim Firoze with Mrs. Seema Zahur, Ms. Rebeka Sultana and Ms. Sathi Shahjahan-for the petitioner. Razik Al-Jail, Deputy Attorney General-for respondent No. 3. Dr. Rafiqur Rahman, Senior Advocate-for respondent No. 7. Mahmud..

Category: Women and Children | Date: 14 May, 2009 | Hits: 330

State Vs. Anjali Debi alias Monju Debi, 2009, 38 CLC (HCD)

....ent to Begum Amirun Nesa, the then Judge of Nari-o-Shishu Nirjatan Daman Tribunal, Pabna, immediately at her present posting. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 738. ......ent to Begum Amirun Nesa, the then Judge of Nari-o-Shishu Nirjatan Daman Tribunal, Pabna, immediately at her present posting. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 738. ......…............................Appellant Vs. Anjali Debi alias Monju Debi………….Condemned Prisoner Judgment May 5, 2009.  Result: The Death Reference is rejected and connected Criminal Appeal with the Jail Appeal is allowed.   The Nari-o-Shishu Nirjata......s Ruad Vs. State, Criminal Appeal No. 1687 of 1998 (unreported). Lawyers Involved: Md. Khurshid Alam Khan, Advocate — For the Appellant. Md. Masud Hasan Chowdhury, Assistant Attorney General — For the State. Death Reference No.82 of 2005 with Criminal Appeal No. 2368 of 2005 ..

Category: Women and Children | Date: 5 May, 2009 | Hits: 75

Sirajul Islam (Md) Vs. Tauhid Uddin Ahmed & another, 2009, 38 CLC (HCD)

....ay granted earlier stands vacated. Send a copy of this order to Metropolitan Assistant Sessions Judge, Court, Dhaka for compliance. Ed. This Case is also Reported in: 15 BLC (HCD) (2010) 39. ......ay granted earlier stands vacated. Send a copy of this order to Metropolitan Assistant Sessions Judge, Court, Dhaka for compliance. Ed. This Case is also Reported in: 15 BLC (HCD) (2010) 39. ...... Act against the accused petitioner Md. Sirajul Islam alleging, inter alia, that the complainant, Tauhid Uddin Ahmed, owes the accused petitioner Taka 3,00,000 (three lac) in connection with business and for the purpose of payment of the said dues, the accused petitioner gave a cheque on 4-10-2005 f....... Since the notice was issued through registered post with AD which was tendered by the accused petitioner, so it can be legally presumed that the notice has been served properly as per article 17 of General Clauses Act. The accused petitioner nowhere in his entire petition mentioned that he did not..

Category: Banking Law | Date: 4 May, 2009 | Hits: 280

Zahed Hossain (Md.) Vs. State and another, 2009, 38 CLC (HCD)

....t be quashed and the same may continue as well. I like to add the above few words in support of my learned brother and I agree. Ed. This Case is also Reported in:61 DLR (HCD) (2009) 386. ......t be quashed and the same may continue as well. I like to add the above few words in support of my learned brother and I agree. Ed. This Case is also Reported in:61 DLR (HCD) (2009) 386. ......ion (Criminal Miscellaneous Jurisdiction) Present: Siddiqur Rahman Miah J Md. Ataur Rahman Khan J Zahed Hossain (Md.) …………… Accused Petitioner Vs. State and another …………………………Opposite Parties Judgment April 29, 2009. R......t be quashed and the same may continue as well. I like to add the above few words in support of my learned brother and I agree. Ed. This Case is also Reported in:61 DLR (HCD) (2009) 386. ..

Category: Procedural Law | Date: 29 Apr, 2009 | Hits: 135

Dr. M. A. Yahia Vs. Md. Abdul Quader and others, 2009, 38 CLC (AD)

.... news clipping of two national dailies, namely, 'Daily Manabzamin' dated 31.08.2001 and 'Daily Matribhomi', which carried a legal notice issued under the signature of respondent No.4, Deputy Director canceling the lease in respect of the petitioners only under Clause 23(1) of the lea......therefore, no substance, in the leave petition and the same is dismissed accordingly. Ed. Case is also Reported in: 14 MLR (AD) (2009) 235; 29 BLD (AD) (2009) 59; 14 BLC (AD) (2009) 109. ......ion (Civil) Present: MM Ruhul Amin CJ Md. Abdul Matin J Md. Abdul Aziz J Dr. M. A. Yahia.......................................Petitioner Vs. Md. Abdul Quader and others....................Respondents Judgment April 15, 2009. Result: The ......therefore, no substance, in the leave petition and the same is dismissed accordingly. Ed. Case is also Reported in: 14 MLR (AD) (2009) 235; 29 BLD (AD) (2009) 59; 14 BLC (AD) (2009) 109. ..

Category: Property Law | Date: 15 Apr, 2009 | Hits: 36

Md. Abdur Rashid & others Vs. Most. Amena Khatun and others, 2009, 38 CLC (HCD)

.... is discharged, however, without any order as to costs. Send down the Lower Court Records at once. Ed. This Case is also Reported in: 29 BLD (HCD) (2009) 296.     ...... is discharged, however, without any order as to costs. Send down the Lower Court Records at once. Ed. This Case is also Reported in: 29 BLD (HCD) (2009) 296.     ......Ahmed J Md. Abdur Rashid & others……………………………………Petitioners Vs. Most. Amena Khatun and others…………………………Respondent...... is discharged, however, without any order as to costs. Send down the Lower Court Records at once. Ed. This Case is also Reported in: 29 BLD (HCD) (2009) 296.     ..

Category: Property Law | Date: 13 Apr, 2009 | Hits: 2

Zahida Ahmed (Liza) Vs. Syed Noor Uddin Ahmed and another, 2009, 38 CLC (HCD)

.... There is no order as to costs. Quamrul Islam Siddiqui J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 168,  29 BLD (HCD) (2009) 375, 14 MLR (HCD) (2009) 465. ...... There is no order as to costs. Quamrul Islam Siddiqui J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 168,  29 BLD (HCD) (2009) 375, 14 MLR (HCD) (2009) 465. ...... Hossain J Quamrul Islam Siddique J Zahida Ahmed (Liza)……………………………Petitioner Vs. Syed Noor Uddin Ahmed and another……………………………&......led that in matters concerning the custody of the minor children, the paramount consideration is the welfare of the minor and not the legal right of this and that particular party." 15. The General Assembly of the United Nations adopted the International Convention of the Rights of the Chi..

Category: Family Law, Women and Children | Date: 16 Mar, 2009 | Hits: 182

Aysha Begum Vs. State, 2009, 38 CLC (HCD)

....ayedul Hoque, 52 DLR (AD) 66; Abdul Majid Sarker Vs. State, 55 DLR (AD) 1. LawyersInvolved: Md. Faruk Hossein with Md. Shakir Hossain, Advocates — For the Appellant. Md. Shohrawardi, Deputy Attorney General — For the State-Respondent. Criminal Appeal No.6945 of 2008 with Misc......er to the Deputy Commissioner, Narayanganj and Superintendent of Police Narayanganj for their information and necessary action. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 493. ......t Vs. State ……………….................................Respondent Judgment March 12, 2009. Result: The Rule in Criminal Misc. Case No.13454 of 2008 is discharged and Criminal Appeal No. 6945 of 2008 is allowed. Ad interim bail in Nari-o-Shishu case ...... DLR (AD) 66; Abdul Majid Sarker Vs. State, 55 DLR (AD) 1. LawyersInvolved: Md. Faruk Hossein with Md. Shakir Hossain, Advocates — For the Appellant. Md. Shohrawardi, Deputy Attorney General — For the State-Respondent. Criminal Appeal No.6945 of 2008 with Miscellaneous Case N..

Category: Women and Children | Date: 12 Mar, 2009 | Hits: 23

Fahima Nasrin Vs. Government of Bangladesh and others, 2009, 38 CLC (HCD)

.... Vs. Government of Bangladesh and others..........................Respondents Judgment February 11, 2009. Result: The Rule is made absolute.  Cases Referred To- State Vs. Deputy Commissioner, Satkhira 45 DLR 643; Munna Vs. State 7 BLC 409; Hussain Mohammad Ershad Vs. Ban......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. ......pecial 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. Result: The......tropolitan Police Commissioner, 60 DLR 660; State Vs. Md. Roushan Mondal @ Hashem, 59 DLR 72. Lawyers Involved: Ms. Fahima Nasrin, Advocate-In person. Md. Abdus Samad Kamal, Deputy Attorney General, with Ms. Nowazish Ara Begum, Assistant Attorney General-For the respondents. Mahmudul I..

Category: Women and Children | Date: 11 Feb, 2009 | Hits: 189

A. J. M. Helal & others Vs. Bangladesh and others, 2009, 38 CLC (HCD)

....Petition No.5716 of 2008). Md. Shahajada, Advocate-For the Pe­titioner (In Writ Petition No.3524 of 2008). M. Faruque, Advocate-For the Re­spondent No.3. Md. Abdus Samad Kamal, Deputy Attorney-General-For the Government-Respondents (In all cases) Writ Petition No.3058 of ......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.   ......lip;……………………………………………………Petitioner Vs. Bangladesh and others……………………………&h...... of 2008). Md. Shahajada, Advocate-For the Pe­titioner (In Writ Petition No.3524 of 2008). M. Faruque, Advocate-For the Re­spondent No.3. Md. Abdus Samad Kamal, Deputy Attorney-General-For the Government-Respondents (In all cases) Writ Petition No.3058 of 2008, Writ Petit..

Category: Corporate Law | Date: 9 Feb, 2009 | Hits: 5

AJM Helal Vs. Bangladesh and others, 2009, 38 CLC (HCD)

.... of the Negotiable Instruments Act was promulgated on 9-2-2006 and the same cannot be applicable retrospectively as those cases were filed prior to the said law came into force. 31. In reply Mr. Deputy Attorney-General relying on the decisions reported in 2 BLC (AD) 87, 8 MLR 404 = 56 DLR 31 an......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. ...... 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: These Rules ar......le Instruments Act was promulgated on 9-2-2006 and the same cannot be applicable retrospectively as those cases were filed prior to the said law came into force. 31. In reply Mr. Deputy Attorney-General relying on the decisions reported in 2 BLC (AD) 87, 8 MLR 404 = 56 DLR 31 and 13 BLC 686 has..

Category: Civil Law | Date: 9 Feb, 2009 | Hits: 45

Sontosh Kumar Shaha Vs. Government of Bangladesh and others, 2009, 38 CLC (HCD)

....e­tition No.7316 of 2003. It appears from the case record of the Writ Petition No.7316 of 2003 that upon requisition from a Division Bench of this Court, dated 22.03.2004, to submit a report, the Deputy Registrar-1 (DR-1), Bangladesh Supreme Court sent the report on 04.04.2004 to the said Divisi......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.         ...... Sontosh Kumar Shaha…………………………………………Petitioner Vs. Government of Bangladesh and others………………Respondents Judgment February 5......graph 77. Lawyers Involved: Moinul Hosein with Md. Shamim Ul-Alam, Hasan M. S. Azim and A. K. M. Zahirul Haque, Advocate- For the Peti­tioner. Md. Iqbal Hossain, Assistant Attorney General- For Re­spondents No.3. Writ Petition No. 2438 of 2004. Judgment A.F.M. A..

Category: Administrative Law, Constitutional Law | Date: 5 Feb, 2009 | Hits: 2

Subrata Majumder @ Liton Vs. State, 2009, 38 CLC (HCD)

....…………………………….............................Opposite-party Judgment February 5, 2009. Lawyers Involved: AU Ahmed, Advocate—For the Appellant. Zahirul Haque Zahir, Deputy Attorney-General—For the State. Criminal Appeal No. 3921 of 2008. Judgment AKM Faz......hishu Nirjatan Daman Tribunal, Bagerhat who however is at liberty to cancel his bail if the privilege of bail is misused by him in future. Ed. This Case is also Reported in: 16 BLC (2011) 828. ......tted rape upon her, spread fire on her body caused her death. After recovery of the dead body her father lodged FIR with Rampal Police Station. During investigation of the case accused Moktar Hossain and Kamal Hossain Howlader made confessional statements recorded under section 164 of the Code of Cr......……………….............................Opposite-party Judgment February 5, 2009. Lawyers Involved: AU Ahmed, Advocate—For the Appellant. Zahirul Haque Zahir, Deputy Attorney-General—For the State. Criminal Appeal No. 3921 of 2008. Judgment AKM Fazlur Rahman J. - ..

Category: Women and Children | Date: 5 Feb, 2009 | Hits: 127

Abdul Latif Howlader and others Government of Bangladesh and others, 2009, 38 CLC (HCD)

....red to- Government of Bangladesh and others Vs. Jahangir Alam and others, 12 BLC (AD) 163. Lawyers Involved: Manzill Murshid, Advocate- For the Petitioners. Md. Abdus Samad Kamal, Deputy Attorney-General- For the Respondents. Writ Petition No. 6816 of 2007. Judgment ......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.   ......LD (HCD) (2009) 280.   ......ernment of Bangladesh and others Vs. Jahangir Alam and others, 12 BLC (AD) 163. Lawyers Involved: Manzill Murshid, Advocate- For the Petitioners. Md. Abdus Samad Kamal, Deputy Attorney-General- For the Respondents. Writ Petition No. 6816 of 2007. Judgment Md. Imman Ali ..

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)

....maira Mehmood Vs. The State, PLD 1999 Lahore 494. Lawyers Involved: Sara Hossain-For the petitioners. Md. Ruhul Quddus with Md. Toufiq Inam-For Respondent Nos.1-3. Razik-Al-Jalil, Deputy Attorney-General-For Respon­dent No.4. Md. Abdur Rouf-For Respondent No.9. Writ......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.   ......) 183.   ....... The State, PLD 1999 Lahore 494. Lawyers Involved: Sara Hossain-For the petitioners. Md. Ruhul Quddus with Md. Toufiq Inam-For Respondent Nos.1-3. Razik-Al-Jalil, Deputy Attorney-General-For Respon­dent No.4. Md. Abdur Rouf-For Respondent No.9. Writ Petition No.797..

Category: Women and Children | Date: 19 Jan, 2009 | Hits: 10

James Finaly Pic. Chittagong Vs. Government of Bangladesh and others, 2008, 37 CLC (AD)

.... Md. Nawab Ali, Advocate-on-Record—For the Appellant. Habibul Islam Bhuiyan, Senior Advocate instructed by Md. Sajjadul Huq, Advocate-on-Record—For Respondent No.2. Osman Gani, Deputy Attorney-General instructed by Md. Sajjadul Huq, Advocate-on-Record—For Respondent No.1......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...... Advocate-on-Record—For the Appellant. Habibul Islam Bhuiyan, Senior Advocate instructed by Md. Sajjadul Huq, Advocate-on-Record—For Respondent No.2. Osman Gani, Deputy Attorney-General instructed by Md. Sajjadul Huq, Advocate-on-Record—For Respondent No.1. Civil App..

Category: Civil Law | Date: 17 Dec, 2008 | Hits: 7

Nazimuddin (Md.) Chairman Vs. Government of Bangladesh, 2008, 37 CLC (HCD)

....issued by the Commission in the format prescribed in Form-3 of the ACC Rule, 2007. 9. His another branch of argument is that the charge sheet submitted on 14-9-2008 by the Investigation Officer, Deputy Assistant Director, Anti- Corruption Commission under the reference of sanction (অনুম...... 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)

.... 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. ...... 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 ......17. At the very outset this Court has had to consider the submission on behalf of the Petitioners as to the propriety and the standing of the Respondent No. 3 in his capacity as Vice-Chairman and the General Manager (Finance)-cum-Company Secretary Mr. N.U.M. Humayun to swear certain of the affidavit..

Category: Company Law | Date: 4 Dec, 2008 | Hits: 505

Abul Kashem (Md.) Vs. Government of Bangladesh and others, 2008, 37 CLC (HCD)

....articular situation...................(15) Lawyers Involved: Md. Shafique Ahmed with Zaman Akter, Advocates — For the Petitions. (In all Writ Petitioners) Md. Abdus Samad Kamal, Deputy Attorney General with Nowazish Ara Begum, Assistant Attorney General — For Respondent No. ......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. ......ion...................(15) Lawyers Involved: Md. Shafique Ahmed with Zaman Akter, Advocates — For the Petitions. (In all Writ Petitioners) Md. Abdus Samad Kamal, Deputy Attorney General with Nowazish Ara Begum, Assistant Attorney General — For Respondent No. 2. Writ Pe..

Category: Others | Date: 27 Nov, 2008 | Hits: 4

Kamal Hossain (Md.) alias Md. Kamal Pramanik Vs. State, 2008, 37 CLC (HCD)

....he LC records along with a copy of this judgment to the Tribunal concerned immediately for information and necessary action. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 505. ......he LC records along with a copy of this judgment to the Tribunal concerned immediately for information and necessary action. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 505. ...... Criminal Appeal No. 2970 of 2006. Judgment Md. Arayesuddin J. - Convict-appellant Md. Kamal Hossain alias Md. Kamal Pramanik has preferred this criminal appeal against the judgment and order, dated 3-5-2006, passed by the learned Nari-o- Shishu Nirjatan Daman Tribunal, Natore, in....... State, 57 DLR 591; Abed Ali Vs. State, 34 DLR 366. Lawyers Involved: Md. Faruk Hossain with Md. Salim Azad, Advocates — for the Appellant. ABM Mahbub Sumun, Assistant Attorney General, Shuchira Hossain, Assistant Attorney General — for the State Respondent. Criminal A..

Category: Women and Children | Date: 23 Nov, 2008 | Hits: 7