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Mosammat Kazi Shamsunnahar Vs. Md. Ramjan Molla and others, 2008, 37 CLC (HCD)

.... Birendra Nath Kar Vs. Abdul Mannan Kazi and others, 10 BLC (AD) 157; Mozibar Rahman Molla and another Vs. Md. Rehazuddin and others, 8 BLC 479; Abdul Latif Vs. Rashid Ahmed and others, 2 BLC 73; Deputy Commissioner, Jessore Vs. Ershad Ali Moral and others, 25 BLD (AD) 161. Lawyers Involved......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. ......ent: Md. Mizanur Rahman Bhuiyan J Mosammat Kazi Shamsunnahar……………………………Petitioner Vs. Md. Ramjan Molla and others……………………………&h......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)

....(Crl) 147. Lawyers Involved: Abdul Matin Khasru with Sk Baharuk Islam with Motiur Rahman with Md. Habibur Rahman Mollah. Advocates — For the Accused Petitioner. ASM Abdul Mobin, Deputy Attorney-General with Syed Md. Jabed Parvez, Assistant Attorney-General — For the State......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 ......Lawyers Involved: Abdul Matin Khasru with Sk Baharuk Islam with Motiur Rahman with Md. Habibur Rahman Mollah. Advocates — For the Accused Petitioner. ASM Abdul Mobin, Deputy Attorney-General with Syed Md. Jabed Parvez, Assistant Attorney-General — For the State. Md. Khurs..

Category: Anti-Corruption Laws | Date: 20 Nov, 2008 | Hits: 157

Professor Dr. A F M Ruhul Haq and Others Vs. Govt. of Bangladesh & Others, 2008, 37 CLC (HCD) [অধ্যাপক ড.এ, এফ, এম, রুহুল হক গং বনাম বাংলাদেশ গং, ২০০৯, ৩৭ সিএলসি (হাইকোর্ট ডিভিশন)]

....re hereby restrained from proceeding with the process of appointment of Professors and Associate Professors in the post of Biochemistry and E.N.T. through the impugned advertisement. The learned Deputy Attorney General Mr. Razik Al-Jalil and Mr. Md. Bodruddoza the learned Advocate appearing for......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......ined from proceeding with the process of appointment of Professors and Associate Professors in the post of Biochemistry and E.N.T. through the impugned advertisement. The learned Deputy Attorney General Mr. Razik Al-Jalil and Mr. Md. Bodruddoza the learned Advocate appearing for respondent No.5..

Category: Civil Law, Employment/Service Law | Date: 18 Nov, 2008 | Hits: 3

Abdul Hai (Md.) Vs. Bangladesh and others, 2008, 37 CLC (HCD)

....and thereafter upon serving a notice demanding justice on 9-10-2002 preferred the instant writ petition and obtained the Rule on 22-6-2003. 4. Pursuant to the service of the Rule, the then learned Deputy Attorney-General Rajik Al Jalil entered appearance on behalf of the respondents and preferred......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. ......nment 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 No. 4081 of 2003 Judgment AFM Abdur Rahman ..

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)

....re hereby restrained from proceeding with the process of appointment of Professors and Associate Professors in the post of Biochemistry and E.N.T. through the impugned advertisement. The learned Deputy Attorney General Mr. Razik Al-Jalil and Mr. Md. Bodruddoza the learned Advocate appearing for......্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......ined from proceeding with the process of appointment of Professors and Associate Professors in the post of Biochemistry and E.N.T. through the impugned advertisement. The learned Deputy Attorney General Mr. Razik Al-Jalil and Mr. Md. Bodruddoza the learned Advocate appearing for respondent No.5..

Category: Constitutional Law | Date: 18 Nov, 2008 | Hits: 167

Khabiruddin Ahmed Vs. Government of the People's Republic of Bangladesh and others, 2008, 37 CLC (HCD)

....eclared to have been taken without any lawful authority and is of no legal effect and why a direction should not he given upon them to consider the case of the petitioner for promotion to the post of Deputy Director in General Administrative Cadre of Bangladesh Water Development Board as per provisi......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. ......cial 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. Result: The ......n taken without any lawful authority and is of no legal effect and why a direction should not he given upon them to consider the case of the petitioner for promotion to the post of Deputy Director in General Administrative Cadre of Bangladesh Water Development Board as per provision of Rules applica..

Category: Employment/Service Law | Date: 9 Nov, 2008 | Hits: 117

Ziad Ali Gazi (Md.) Vs. State, 2008, 37 CLC (HCD)

.... satisfaction of the Special Tribunal No. 3, Satkhira before whom the case is pending for trial. Communicate the order at once. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 807. ...... satisfaction of the Special Tribunal No. 3, Satkhira before whom the case is pending for trial. Communicate the order at once. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 807. ......te………………………Respondent Judgment October 28, 2008. Result: The appeal is allowed. Even though the charge sheet was submitted, the charge was not framed and the completion of the trial is not likely to be soon. In such cases, bail can be granted ……......al is not likely to be soon. In such cases, bail can be granted ………….(8) Lawyers Involved: SK Rezaul Islam, Advocate — For the Appellant. Sved Md. Jabed Parvez, Assistant Attorney General — For the State Respondent. Criminal Appeal No. 5204 of 2008. Judgment Tari..

Category: Criminal Law | Date: 28 Oct, 2008 | Hits: 27

United Edible Oils Ltd. Vs. London Steam Ship Owners' Mutual Insurance Association Ltd. and other(s), 2008, 37 CLC (HCD)

....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. ......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. ...... (Admiralty Jurisdiction) Present: Syed Refaat Ahmed J United Edible Oils Ltd…………………plaintiff Vs. London Steam Ship Owners' Mutual Insurance Association Ltd. and other(s) …………Defendants Judgment October 26, 2008. Result: The Appl......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

Taj Nahar Begum Vs. Government of Bangladesh and others, 2008, 37 CLC (HCD)

....esult: The Rule is made absolute. Case Referred to- Abdul Abedin Abdul Vs. State, 53 DLR 109. Lawyers Involved: AM Mahbub Uddin, Advocate - For the Petitioner.  Razik-al-Jalil, Deputy Attorney-General - For the Respondents.  Writ Petition No.10466 of 2007. Judgment ......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......le is made absolute. Case Referred to- Abdul Abedin Abdul Vs. State, 53 DLR 109. Lawyers Involved: AM Mahbub Uddin, Advocate - For the Petitioner.  Razik-al-Jalil, Deputy Attorney-General - For the Respondents.  Writ Petition No.10466 of 2007. Judgment Syed Mahmud H..

Category: Criminal Law | Date: 20 Aug, 2008 | Hits: 20

Ayub Ali alias Mukul Vs. State, 2008, 37 CLC (HCD)

....……(9) Case Referred to- Syed Ali Mir Vs. Syed Omar Ali, 1990 BLD (AD) 168 = 42 DLR (AD) 240; Abdul Mannan Sarker Vs. State, 6 MLR 279 = 53 DLR 565; Habib Vs. State represented by the Deputy Commissioner, 52 DLR 105; Md. Rustam AH Mataubbar Vs. Md Salauddin, 7 BLT (AD) 132 = 50 DLR (...... in the Court of Magistrate, 1st Class. Cognizance Court No. 1, Munshiganj is hereby quashed. Communicate this Judgment at once. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 52. .........Opposite Party Judgment August 14, 2008. Result: The Rule is made absolute. At the time of taking loan no promise as to return of money within a specified time was made and no allegation of inducement for getting the loan money from the informant was made. The accused ......(AD) 301; Abdul Karim Vs. Shamsul Alam, 45 DLR 578. Lawyers Involved Zainul Abedin with SM Mahbubul Islam, Advocates — For the Petitioner. Khandaker Diliruzzaman, Assistant Attorney- General — For State Opposite Party. Criminal Appeal No. 18611 of 2006. Judgment She..

Category: Criminal Law | Date: 14 Aug, 2008 | Hits: 28

Bangladesh Jatiyo Mahila Ainjibi Samity (BJMAS) Vs. Ministry of Home Affairs and Others, 2008, 37 CLC (HCD)

....he judiciary. The Courts holding trial frequently sent the victims of violence to stay in the shelter home of BJMAS. After reading the news item of seven children’s delivery of the wife of a former Deputy Inspector General of Police (DIG) in a single instance of pregnancy a serious doubt was creat......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. ......)  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...... Courts holding trial frequently sent the victims of violence to stay in the shelter home of BJMAS. After reading the news item of seven children’s delivery of the wife of a former Deputy Inspector General of Police (DIG) in a single instance of pregnancy a serious doubt was created about their pa..

Category: Women and Children | Date: 14 Aug, 2008 | Hits: 201

Idrisur Rahman (Md) Vs. Bangladesh, 2008, 37 CLC (HCD)

....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. ......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. ...... Ahsanullah vs. Bangladesh 44 DLR 179; Venkata Reddy vs. Andhra Pradesh: AIR 1985 SC 724; Nagraj vs. Andhra Pradesh: AIR 1985 SC 551 A K Roy vs. India: AIR 1982 SC 710, 725, Peergada Kazi Shariatulla and others vs. Bangladesh in Writ Petition No. 2207 of 2008; M Shamsul Huque and others vs. Banglade...... vs. Union of India AIR 268 SC. Lawyers Involved: M Amir-ul-Islam, with Dr Shahdeen Malik and Idrisur Rahman, Advocates—For the Petitioner. Salahuddin Ahmed, Additional Attorney-General (as he then was) with Md Zafar Imam, Assistant Attorney-General and Monjurul Alam, Assistant..

Category: Constitutional Law | Date: 7 Aug, 2008 | Hits: 236

Mohammad Nasim Vs. State and another, 2008, 37 CLC (HCD)

....uired through im­proper means, disproportionate to lawful source of income in the name of the appellant and both the sentences shall run consecu­tively. 3. The informant, Md. Akter Hossain, Deputy Director, Anti-Corruption Commis­sion (A.C.C.), Head Office, Dhaka on 22.03.2007 lodged an ......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. ......sent: Md. Muzammel Hossain J Syed AB Mahmudul Huq J Mohammad Nasim……………………………………………………………………….Appellant Vs. The State and another…………………………………………………………………Respondents ......ith Shafique Ahmed, M. Enayetur Rahim, Nurul Islam, Advocate-For the Appellant. Khan Saifur Rahman with Md. Abdus Salam, Advocate-For the Respondent No.2. Rona Naharin, Assistant Attorney-General, Md. Yamin Newaj Khan, Assistant Attorney-General-For the State. Criminal Appeal No.28..

Category: Criminal Law | Date: 6 Aug, 2008 | Hits: 4

S.M. Mohiuddin Hossain Vs. Jalalabad Co-Operative Housing Society Limited and others, 2008, 37 CLC (HCD)

....the suit land and taking this advantage the darwans and other employ­ees of the plaintiff have been threatening to dispossess by the defendant for which the plaintiff submitted application to the Deputy Commissioner, Police Commissioner and other authorities informing about the illegal activitie...... 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. ......Md. Dabirush-Shan J S.M. Mohiuddin Hossain…………………………Petitioner Vs. Jalalabad Co-Operative Housing Society Limited and others………….Opposite Parties Judgment August 5, 2008. ...... 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

Md. Mafizur Rahman Tutu and others Vs. State, 2008, 37 CLC (HCD)

....ance with law. Office is directed to communicate the order at once. Md. Abdul Quddus J.-I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 78, 29 BLD (HCD) (2009) 30. ......ance with law. Office is directed to communicate the order at once. Md. Abdul Quddus J.-I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 78, 29 BLD (HCD) (2009) 30. ...... 7 LG (HCD) (2010) 78, 29 BLD (HCD) (2009) 30. ......Case Referred to- Kali Pada Sana Vs. The State, 1985 BLD (AD) 278. Lawyers Involved: Md. Fakhar Uddin, Advocate - For the accused-petitioners.  Helaluddin, Assistant Attorney General - For the opposite party.  Criminal Miscellaneous Case No.7645 of 2002. Judgm..

Category: Criminal Law | Date: 31 Jul, 2008 | Hits: 92

Md. Karamot Ali Alias Rafique Alias Rafiqul Islam Vs. The State, 2008, 37 CLC (HCD)

.... Md. Jahangir Alam alias Zakir Vs. The State, 10 MLR (AD) 335. Lawyers Involved: Hasan Foez Siddique with Md. Kabirul Islam, Advocates- For the Accused Petitioner. Abu Bakar Siddique, Deputy Attorney-General- For the State. Criminal Miscellaneous Case No.7586 of 2007. Judgm......tion with any other case. 24. Send down LCR along with a copy of the judgment at once. Ed. This Case is also Reported in: 29 BLD (HCD) (2009) 250.       ...... the Code of Criminal Procedure was issued at the instance 6f convict petitioner Md. Karamot Ali alias Rafique alias Rafiqul Islam calling upon the opposite party to show cause as to why the judgment and order dated 22.10.2006 passed by the learned Judge of the Special Tribunal No.1, Kushtia in Spec......lam alias Zakir Vs. The State, 10 MLR (AD) 335. Lawyers Involved: Hasan Foez Siddique with Md. Kabirul Islam, Advocates- For the Accused Petitioner. Abu Bakar Siddique, Deputy Attorney-General- For the State. Criminal Miscellaneous Case No.7586 of 2007. Judgment Md. Rai..

Category: Criminal Law | Date: 30 Jul, 2008 | Hits: 5

State Vs. Metropolitan Police Commissioner, Khulna and others, 2008, 37 CLC (HCD)

....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. ......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. ......pecial Original Jurisdiction) Present: Md. Imman Ali J Md. Emdadul Huq J The State.......................................Petitioner Vs. The Metropolitan Police Commissioner, Khulna and others..............Respondents Judgment July 22, 2008. Result: The Rule is disposed......l with child offenders and children generally. With these observations, the explanation forwarded by the learned CMM is also accepted. 29. Let a copy of this order be communicated to the Inspector General of Police, Metropolitan Police Commissioner, Khulna, Director General, Department of Social ..

Category: Women and Children | Date: 22 Jul, 2008 | Hits: 147

Reckitt Benckiser (Bangladesh) Ltd. Vs. Oram Limited, Sale Centre, 2008, 37 CLC (HCD)

.... 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. ...... 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. ......p;……………….Opposite Party  Judgment July 13, 2008. Result: The Rule is made absolute. Case Referred to- Punjab Ali Pramanik and others Vs. Mohd. Mokarram Hossain, 29 DLR (SC) 185. Lawyers Involved: Rafique-ul-Huq w......ll such powers and do all such acts and things as may be exercised or done by the Company and are not hereby or by statute law expressly directed or required to be exercised or done by the Company in General Meeting but subject nevertheless to the provisions of any statute law and of these presents ..

Category: Alternative Dispute Resolution | Date: 13 Jul, 2008 | Hits: 18

Abdul Hannan Vs. State, 2008, 37 CLC (HCD)

....h any other case. Send down the lower Court's records along with a copy of judgment expeditiously. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 713, 29 BLD (HCD) (2009) 189. ......h any other case. Send down the lower Court's records along with a copy of judgment expeditiously. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 713, 29 BLD (HCD) (2009) 189. ......Confession Before a confession can be accepted in evidence, it must be established by cogent evidence that what were the exact words used by the accused. Even if so much is established, prudence and justice demand that such evidence cannot be made the sole ground of conviction. It may be used o......5; Asiman Begum Vs. State, 51 DLR (AD) 18. Lawyers Involved  Kazi Sajawar Hossain with Tofique Sajawar, Advocates — For the Appellant. SM Shahjahan Kabir, Assistant Attorney General — For the State Respondent. Criminal Appeal No.1638 of 1995. Judgment S..

Category: Evidence Law | Date: 29 Jun, 2008 | Hits: 175

Shafiqul Islam (Md.) and others Vs. State, 2008, 37 CLC (HCD)

....hey misuse the privilege of bail in any manner whatsoever. Office is directed to communicate the order at once. Ed. This Case is also Reported in: 13 BLC (HCD) (2008) 915.  ......hey misuse the privilege of bail in any manner whatsoever. Office is directed to communicate the order at once. Ed. This Case is also Reported in: 13 BLC (HCD) (2008) 915.  ......(2008) 915.  ...... Case Referred to- Angur Vs. State, 1989 BLD 485 = 41 DLR 66. Lawyers Involved: Md. Shakhawat Hossain, Advocate - For the Accused-Petitioners. Qsman Gani, Assistant Attorney-General - For the Opposite Party. Criminal Miscellaneous Case No.5094 of 2008. Judgment ..

Category: Criminal Law | Date: 19 Jun, 2008 | Hits: 2