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....igh Court Division does not suffer from any illegality and we find no substance in this petition which is accordingly dismissed.
Ed.
This Case is also Reported in: 18 BLT (AD) (2010) 275.
......resent petitioner has filed this petition for leave to appeal.
9. Heard the learned Counsel and perused the petition and the impugned judgment and order of the High Court Division and other papers on record.
10. It appears that long before assuming the office by the present petitioner......
MM Ruhul Amin CJ
Abdul Matin J
Md. Abdul Aziz J
Chairman, Nawabgonj Pourashava represented by its Chairman……Petitioner (In both cases)
Vs.
Ms. Moyna Parvin and others................Respondents (In Civil Petition No. 2048 of 2008)
Muzlema Khatun and o......igh Court Division does not suffer from any illegality and we find no substance in this petition which is accordingly dismissed.
Ed.
This Case is also Reported in: 18 BLT (AD) (2010) 275.
..
Category: Others | Date: 13 Apr, 2009 | Hits: 125
Jaharlal Bandapadhya and others vs. Most. Begum Jahanara, 2009, 38 CLC (AD)
....ndants submitted written statement admitting the execution of the agreement and the plaintiff’s case and the written statement dated 12.02.1973 was executed in Calcutta and authenticated by the relevant officer of Bangladesh Embassy in Calcutta. In this written statement there was admission of......ter, defendant No.2 getting the scent of further troubles took shelter in the house of the plaintiff in Chakher and there plaintiff took some signatures of the defendants upon a number of blank stamp papers for the purpose of taking care of the suit property by her and thereafter the plaintiff fra......t any order as to cost. Ed. This Case is also Reported in: VII ADC (2010) 155. ...... upon the defendants to prove their particular fact that their signatures were extorted. This onus' they failed to prove. Consequently, the evidence adduced by the plaintiffs as to execution of the documents, which also themselves record the contract, stands. In the circumstances, trial courts' ..Category: Property Law | Date: 13 Apr, 2009 | Hits: 74
Abdus Sahid @ Shahid & others Vs. Anowara Begum & others, 2009, 38 CLC (HCD)
.... the learned Advocates of both the sides, perused the revisional application, the impugned judgment and order, judgment and decree passed in Title Suit No.50 of 2001 and Appeal No.218 of 2002 and the relevant papers filed with the revisional application. 9. Records show that the opposite partie......ned Advocates of both the sides, perused the revisional application, the impugned judgment and order, judgment and decree passed in Title Suit No.50 of 2001 and Appeal No.218 of 2002 and the relevant papers filed with the revisional application. 9. Records show that the opposite parties i.e. re......hellip;……………Opposite Parties Judgment April 9, 2009. Result: The Rule is discharged. Case Referred to- Ahejuddin Molla Vs. Hanufa Bibi and others, 26 D.L.R. (1974) 323. Lawyers Involved: Md. Faroque Ahmed with Anjuman-Ara Beg......eipt of this order. Send down the Lower Court Records at once. Ed. This Case is also Reported in: 29 BLD (HCD) (2009) 394. ..Category: Property Law | Date: 9 Apr, 2009 | Hits: 2
Aysha Begum Vs. State, 2009, 38 CLC (HCD)
....nj with a prayer for ad interim bail. It deserves mention here that the other Division Bench of this Court granted the said victim an ad interim pre-arrest bail till framing of charge. 4. Facts, relevant for the purpose of disposal of both the appeal and the Rule, in short, are that appellant A......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 ......a student of lass-VIII of the said school. Learned Advocate has tried to impress upon us that, in fact, a student of Class-VIII, in usual course, cannot be above 14/15 years of age. All the aforesaid documents, he submits, have clearly made out a prima facie case that she is a minor, a few months ab..Category: Women and Children | Date: 12 Mar, 2009 | Hits: 23
Mohammad Mosharraf Hossain Vs. Golam Mohamad and another, 2009, 38 CLC (AD)
....cision and there is no illegality or infirmity in the above decision so as to call for any interference. The petition is dismissed. Ed. This Case is also Reported in: 19 BLT (AD) (2011) 239. ......gh Court Division, after hearing, discharged the Rule. 2. We have heard the learned counsel and perused the petition, the impugned judgment and order of the High Court Division and other connected papers. 3. As it appears the High Court Division discharged the Rule holding that the petitioner ......l Amin CJ Mohammad Fazlul Karim J Md. Tafazzul Islam J Md. Joynul Abedin J Md. Abdul Matin J Mohammad Mosharraf Hossain…………………Petitioner (On bail) Vs. Golam Mohamad and another……………………Respondents Judgment February 26, 2009. Result: The p......cision and there is no illegality or infirmity in the above decision so as to call for any interference. The petition is dismissed. Ed. This Case is also Reported in: 19 BLT (AD) (2011) 239. ..Category: Banking Law | Date: 26 Feb, 2009 | Hits: 150
Fahima Nasrin Vs. Government of Bangladesh and others, 2009, 38 CLC (HCD)
....he Act. 13. Mr. Islam submitted that in view of his earlier submission with regard to the sentence of imprisonment being not proper or appropriate, the application of section 67 of the Act is not relevant. However, he went on to submit that under the provisions of 67 of the Act the government ca......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......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
Sontosh Kumar Shaha Vs. Government of Bangladesh and others, 2009, 38 CLC (HCD)
.... 7. The petitioner is a judicial officer recruited in BCS (judicial) Cadre as government servant serving in the subordinate judiciary as Senior Assistant Judge and posted at Chuadanga at the relevant time and as such he is amenable to the provision of Government Servant (Discipline and Appe......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......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
Subrata Majumder @ Liton Vs. State, 2009, 38 CLC (HCD)
....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. ......d the above submission of the learned Advocates and perused the FIR the charge sheet, the confession statements of co-accused Moktar Hossain and Kamal Hossain Howlader, the impugned order and other papers annexed with the bail application. 6. We find substance in the above submissions of the ......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......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. ..Category: Women and Children | Date: 5 Feb, 2009 | Hits: 127
....t Judge was well founded in dismissing the
appeal of the petitioner upon purported rejection of the prayer for condo
nation of delay.
24. In order to dispose of such issue, the
facts that are relevant, in brief, are that the petitioner on 24-4-08 presented
the aforesaid appeal as next frien......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.
......Division
(Civil
Revisional Jurisdiction)
Present:
Md.
Abdur Rashid J
Gour Netai Sri Sri Modan Mohan Das
Bigraha…………… Petitioner
Vs.
Jahanara Islam Chowdhury and
others………...Opposite Parties
Judgment
December 18, 2008.
Result:
The ......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
Nazimuddin (Md.) Chairman Vs. Government of Bangladesh, 2008, 37 CLC (HCD)
....g to ACC 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 Ba......stay. 8. Mr. Mahbubur Rahman, the learned Senior Advocate appearing with Mrs. Fahima Nasrin, the learned Advocate for the petitioner after taking us through the entire petition, and the relevant papers appended to it and also various provisions of ACC Act 2004 and ACC Rules, 2007, mainly mooted...... 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)
.... and also that MAI had passed way in 1986 the Petitioner No.1 now requested for prompt action and on his part assured the production of the original share transfer forms against receipt by him of the relevant share scrips held by the Company. The response elicited from the Company came in the form o......hani Park Moghbazar, Dhaka. Dear Sir, With reference to your letter dated 20th April, 1993 this is to inform you that the Directors have declined to register the transfer, hence the papers sent under cover of your above letter are returned herewith. Thanking you, Yours ......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 ......s sister Mariam Ispahani in 1989 having transferred to him by way of an oral gift her 3,000 ordinary shares received in October 1971 from MAHI. Thereafter, the Petitioner No. 3 presented the required documents including an affidavit dated 16.8.2004 sworn by Mariam Ispahani confirming the oral gift, ..Category: Company Law | Date: 4 Dec, 2008 | Hits: 505
Abul Kashem (Md.) Vs. Government of Bangladesh and others, 2008, 37 CLC (HCD)
....Constitution and obtained the present Rule and stay. 6. Mr. Shafique Ahmed, the learned Senior Advocate appearing for all the petitioners, after taking us through the impugned order and other relevant papers appended to the petitions, mainly argued that the petitioners had never fulfilled ......11-2008. After declaration of the election schedule the petitioners decided to contest for the post of membership of the Managing Committees of the said Mills and accordingly, they filed nomination papers on 25-9-2008. The election committee rejected the nomination papers of the petitioners agai......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
Habibur Rahman Molla Vs. State, 2008, 37 CLC (HCD)
....te parties to show cause as to why the case, referred above, shall not be quashed and/or such other or further order or orders passed as to this Court may seem fit and proper. 2. In short, facts relevant for disposal of this Rule are as follows: On 3-10-2007 one Syed Ahmed, Assistant Dire......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
.... সংযুক্ত করা হয়ঃ
(h) Officers having 18 years service in Medical Service Institutions with at least 12 years teaching experience and post-graduate degree/diploma in the relevant subject as recognised by the BMDC.
৪৯. একই ভাবে সহযোগী ......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)
....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. ......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. ......r, it appears, that Form-E appended as Annexure (C)-1 to the writ petition, was filled in by the authority and thereafter the certificate Annexure-E was issued by the said Sector Commander. These two documents Annexure-C and C(1) were handed over to the writ petitioner but the Annexure-1, appended t..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)
.... সংযুক্ত করা হয়ঃ (d) Officers having 18 years service in Medical Service Institutions with at least 12 years teaching experience and post-graduate degree/diploma in the relevant subject as recognised by the BMDC. ৪৯. একই ভাবে সহযোগী ......্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
Akramuzzaman (Md.) alias Babu Vs. Artha Rin Adalat No. 1 Rajbari and others, 2008, 37 CLC (HCD)
....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. ......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......rayer of defendant No. 1, the bank sanctioned loan of a sum of Taka 1,00,000 in favour of defendant No. 1 Messrs Mithila Traders. The defendant No. 3 Md. Abu Bakar stood as guarantor. After executing documents, the defendant No. 1 withdrew the said amount. The loan was cash credit hypo loan which st..Category: Civil Law | Date: 5 Nov, 2008 | Hits: 168
Taj Nahar Begum Vs. Government of Bangladesh and others, 2008, 37 CLC (HCD)
....ed during committal proceeding under section 6 of the Act. 12. Admittedly, no committal proceeding has been initiated because of total lack of ignorance of the Ministry of Home Affairs about the relevant provisions of the Act. Although there was no extradition treaty with Kuwait, the Government......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
....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.
......ir parenthood in the mind of the general public. It was alleged that the DIG’s wife used to procure children of various ages in order to traffic them out of the country as gathered from various newspapers. Meanwhile, the news regarding the paternity of the seven children created suspicion amongst ......)
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......of the child shall be the paramount consideration.”
25. The General Assembly of the United Nations adopted the International Convention of the Rights of the Child on November 20, 1989. The documents is a binding treaty to which 176 nations including Bangladesh became “state parties”. ..
Category: Women and Children | Date: 14 Aug, 2008 | Hits: 201
....reafter the writ petitioner submitted an application before the
respondent No. 7 on 2-5-2006 praying for execution of the deed of sale of
Kuliarchar Ground Nut Mills in favor of the Company. At the relevant time the
respondent Nos. 2-6 without any permission of the Board of Directors of the
comp......the Board meeting for more than three consecutive meetings. The
writ petitioner later submitted the return on 17-7-2006 to the Joint Stock
Companies along with resolution of the company and further papers in respect of
the existing share holders and Directors of the company.
3. On 20-7-2006 ......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......planation.- (1) Where
the Registrar, on perusal of any document which a company is required to submit
to him under the provisions of this Act, or on receipt of a written objection
against any such documents from any member of the company, is of opinion that
any information or explanation is nece..
Category: Company Law | Date: 12 Aug, 2008 | Hits: 18
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