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Md. Tofazzel Hossain and others Vs. People's Republic of Bangladesh, 2010, 39 CLC (HCD)
....how cause as to why they should not be directed to exempt the petitioners from CIB report of the Bangladesh Bank and or pass such other or further order or orders as to this Court may deem fit and proper. Pending hearing of the Rule the Respondents were directed not to disturb the petitioners in......p;......No.6 and have no relation with the said firms and requested him to inform the Bangladesh Bank and take step to strike out them name from C/B ledger of Bangladesh Bank as defaulters which was done illegally. But the Respondent paid no heed to the prayers of the petitioners. Accordingly the petiti..Category: Civil Law | Date: 16 Mar, 2010 | Hits: 7
Abdur Rouf Chowdhury (Md.) Vs. Mirza Shahabuddin Ispahani and others, 2010, 39 CLC (HCD)
....registered by defendant No.1, purportedly on behalf of plaintiff, is/are of no legal effect and not binding on the plaintiff, a decree declaring plaintiffs right, title and possession in the schedule property, a decree for khas possession of the schedule property, a decree for permanent injunction u......bsp; AKM Abdul Hakim J Abdur Rouf Chowdhury (Md.) & others……................ Appellants Vs. Mirza Shahabuddin Ispahani and others...................Respondents Judgment March 10, 2010. Result: ......r of 1993 and further declaring transfer permission in Memo No.RAJUK/ESTATE/270 (2) Stha dated 25-1-1995 issued by Deputy Director (Estate), Rajdhani Unnayan Kartipakha, Dhaka as void, ineffective, illegal and not binding on the plaintiff. Also for a decree for declaring any and all sale deed(s) exe..Category: Procedural Law | Date: 10 Mar, 2010 | Hits: 13
Sheikh Hasina Wazed Vs. Government of Bangladesh, 2010, 39 CLC (HCD)
....s given a free hand in the decisions taking process, pertaining to such matters, and if the sword of prosecution is kept hanging over it’s head, no government will be able to perform its duties properly. 13. Mr. Yousuf Hussain Humayun advancing similar profferments added that the Governme...... Original Jurisdiction) Present: AHM Shamsuddin Choudhury J Borhanuddin J Sheikh Hasina Wazed, alias, Sheikh Hasina, former Prime Minister of Bangladesh, wife of Dr. Wazed Ali Mia and daughter of the Father of the Nation Late Bangabandhu Sheikh Mujibur Rahman Sudha Sadan, House N......e charge sheet, disclose any offence known to any penal law of the country. It has also been alleged that there was no material before the Court below to frame the charge, and as such, the same was illegal, without lawful authority, ultra vires the penal law of the country and is, therefore liable t..Category: Anti-Corruption Laws | Date: 9 Mar, 2010 | Hits: 228
Sheikh Hasina Vs. Bangladesh & others, 2010, 39 CLC (HCD)
....ral that in exercising the said power, the executive organ of the Republic is indispensably required to rely on certain degree of discretion. Unless it is evident that discretion was exercised with improper motive or illegally, they cannot be impeached in any forum other than the Parliament. 14......eported in: ......ation, who were lucky enough to miraculously survive the diabolic holocaust of 15th August 1975, and to tarnish her image to the right thinking people worldwide, initiated the said criminal case, the legality of which has been questioned by this petition. It has been asserted that since a decision a..Category: Anti-Corruption Laws | Date: 4 Mar, 2010 | Hits: 102
Sheikh Hasina Vs. Bangladesh and others, 2010, 39 CLC (HCD)
....ral that in exercising the said power, the executive organ of the Republic is indispensably required to rely on certain degree of discretion. Unless it is evident that discretion was exercised with improper motive or illegally, they can not be impeached in any forum other than the Parliament. 1......Reported in: ......tion, who were lucky enough to miraculously survive the diabolic holocaust of 15th August 1975, and to tarnish her image to the right thinking people world wide, initiated the said criminal case, the legality of which has been questioned by this petition. It has been asserted that since a decision a..Category: Anti-Corruption Laws | Date: 4 Mar, 2010 | Hits: 131
....ses were registered. By the two writ petitions before us the petitioners seek to challenge the cognizance taken by the Court since the case was not started after obtaining requisite sanction from the proper authority.
4. Learned advocate Mr. Md. Abdur Razzak appearing on behalf of the petitione......hellip;…………………………………Petitioner (In Writ Petition No. 7195 of 2008)
Vs.
Anti Corruption Commission and others……………………………&h......o.3, Dhaka and the impugned Memo No.C-25/2007 (Tadanta-2)/8386 dated 20.9.2007 issued by respondent No.2 should not be declared to have been initiated and issued without lawful authority and is of no legal effect."
2. Pending disposal of the Rule the proceedings of the Special Cases impugn..
Category: Anti-Corruption Laws | Date: 4 Mar, 2010 | Hits: 145
State Vs. Secretary, Ministry of Home Affairs, 2010, 39 CLC (HCD)
....s the Rule is disposed of. 36. Let a copy of this judgment be communicated to the Secretary, Ministry of Home Affairs; Secretary, Ministry of Social Welfare; IGP with the direction to ensure that proper training is imparted upon all police officers; Director General, Judicial Administration Trai......Jurisdiction) Present: Md. Imman Ali J Md. Abu Tariq J The State..............................Petitioner Vs. The Secretary, Ministry of Home Affairs, Bangladesh Secretariat, Dhaka and others....Respondents. Judgment March 1, 2010. Result: The Rule is disposed of with...... never be compensated, but the officials concerned who have perpetrated such anguish and misery upon the children must be made to realise that what they have done is morally wrong and also palpably illegal………………………….(32) The Children Act, 1974 (Act No. XXXIX of 1974); sections..Category: Women and Children | Date: 1 Mar, 2010 | Hits: 177
Ayrin Akhter Lypi Vs. Bahadur Khan and another, 2010, 39 CLC (HCD)
....irjatan Daman Case No.128 of 2001 arising out of Bakerganj P.S. Case No.05 dated 11.7.2001 should not be set aside and/or such other further order or orders passed as to this Court might seem fit and proper. 2. Facts necessary for disposal of this Rule, briefly, be put thus: The informant-peti......Division (Criminal Revisional Jurisdiction) Present: Afzal Hossain Ahmed J Md. Abdul Hye J Ayrin Akhter Lypi……………………………………Petitioner Vs. Bahadur Khan and another………………….Opposite Parties Judgment January 27, 2010. Result: Th......o.1 suddenly attacked her and snatched away her wearing ornaments, namely, Chain, Bracelet, earring, tops all made of gold valued at Tk.10,000/- for which the informant made attempt to take resort to legal shelter but could not take because of their threat of death. On 12.6.2001 at about 4-30 P.M..Category: Women and Children | Date: 27 Jan, 2010 | Hits: 156
Mosammat Rehana Akhter Vs. Rizia Begum and others, 2010, 39 CLC (HCD)
.... District Judge, 2nd Court, Chittagong in Miscellaneous (Pre-emption) Appeal No.218 of 2005 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 of the case are as follows:- The pre-emptor opposite party No.1 filed Preem......LD (HCD) (2011) 422. ......L.C. Records. The order of stay granted at the time of issuance of the rule is hereby vacated. Send down the L.C. Records immediately. Ed. This Case is also Reported in: 31 BLD (HCD) (2011) 422. ..Category: Property Law | Date: 13 Jan, 2010 | Hits: 56
....passed by the learned Joint District Judge, 2nd Court, Dhaka in Title Suit No.278
of 1993 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 of the case are as
follows:-
The opposite party Nos. 1 and 2 as
p......iately.
Ed.
This Case is also Reported in: 30 BLD (HCD)
(2010) 424.
......, Dhaka, against the defendants petitioners and the
opposite party Nos. 3-9, praying for declaration of title in respect of Ka
schedule land and further declaration that Kha schedule Heba deed is illegal,
void, inoperatives, not binding upon plaintiffs and for recovery of khas
possession in resp..
Category: Property Law | Date: 6 Jan, 2010 | Hits: 8
Nuvista Pharma Limited Vs. Chairman, National Board of Revenue & ors, 2010, 39 CLC (AD)
.... the respondent and furnished unconditional Bank Guarantee as per provision of section 59 of the VAT Act and Rule 12 of VAT Rule for changing the name and ownership of the company and got the same properly approved with the respondent authorities and various other authorities. It appears from th...... Murad Reza, Additional Attorney General, instructed bv B. Hossain, Advocate-on-Record—For the Respondents. Civil Petition for Leave to Appeal No.2592 of 2010. (From the judgment and order dated 27.10.2010 passed by the High Court Division in Writ Petition No.4968 of 2007.) ...... capability of the company which amounted to duress. The respondents cannot claim VAT for more than last three years as per provision of section 55 of the Value Added Tax Act, 1991 and they are illegally claiming the additional VAT in violation of section 55 of the aforesaid Act. The claim o..Category: Business or Commercial Law | Date: 4 Jan, 2010 | Hits: 4
Paresh Chandra Biswas Vs. Sree Sree Shashan Kalimata Idol and others, 2009, 38 CLC (HCD)
....bruary 16, 2009. Result: The appeal is dismissed with costs and connected Rule is discharged. A religious endowment which is known as Debuttor and which arises on dedication or gift of property to an idol, a Debuttor is managed and administered and it is in an ideal sense that the ded......so Reported in:61 DLR (HCD) (2009) 679. ......ip;……………(13) The relation of a Shebait in regard to the debuttor property is not that of a trustee to trust property under the English law. In English Law, the legal estate in the trust property vests in the trustee who holds it for the benefit of the Cestui Q..Category: Others, Property Law | Date: 16 Dec, 2009 | Hits: 94
Nirmal Chandra Shaha Vs. The State and others, 2009, 38 CLC (HCD)
....the application dated 13.12.2009, the Bangladesh National Woman Lawyer's Association (BNWLA) stated that Kanamika @ Kona Shah a passed her S.S.C. examination in the year, 2009 and she was not getting proper education facilities in the present safe custody and that she should be transferred to the Pr...... This Case is also Reported in: 30 BLD (HCD) (2010) 584. ......helter Home of BNWLA, since that would be a better place for the victim girl to reside and stay for her education until her husband could take care of her according to law as the Hindu husband is the legal guardian of his wife whether minor or major. It is further stated that BNWLA as a human rights..Category: Women and Children | Date: 14 Dec, 2009 | Hits: 150
Government of Bangladesh Vs. Syed Md. Belayet Hossain, 2009, 38 CLC (HCD)
....the respondent, like others, will also be entitled to get his salary as Principal. We have heard the learned counsels and perused the records. We are of the view that the High Court Division on proper consideration of the materials on record arrived at a correct finding and accordingly the abo......d Fazlul Karim J Md. Tafazzul Islam J Md. Joynul Abedin J Surendra Kumar Sinha J The Government of the People's Republic of Bangladesh, represented by the Secretary, Ministry of Education and another..............................Petitioners Vs. Syed Md. Belayet Hossain ..................াপকের অভিজ্ঞতা প্রয়োজন। অভিজ্ঞতার সনদ পেশ করতে অনুরোধ করা হল। The above endorsement has got no legal basis because as per Circular No. শাঃ১১/বিবিধ-৫/৯৪/(অংশ-৬)..Category: Employment/Service Law | Date: 10 Dec, 2009 | Hits: 159
Rezaul Kabir (Md.) and another Vs. Bangladesh and others, 2009, 38 CLC (HCD)
....ity to be heard should not be declared to have been issued without any lawful authority and is of no legal effect and/or pass such other or further order or orders as this Court may seem fit and proper . 2. All these Rules concern common question of laws and facts and are being dispos......CD) (2015) 19 ......ling the appointment of the Petitioners without giving any notice for showing cause or any opportunity to be heard should not be declared to have been issued without any lawful authority and is of no legal effect and/or pass such other or further order or orders as this Court may seem fit and p..Category: Administrative Law, Employment/Service Law | Date: 22 Nov, 2009 | Hits: 3
.... new road through the
Azimpur Graveyard by destroying thousands of graves should not be declared
illegal and without lawful authority and/or pass such other order as to this
court may seem fit and proper.
2. The petitioner have filed this writ petition as public
interest litigation where th......lso Reported in:
......ed calling upon the respondents to show
cause as to why the step of the respondents to construct a new road through the
Azimpur Graveyard by destroying thousands of graves should not be declared
illegal and without lawful authority and/or pass such other order as to this
court may seem fit and p..
Category: Constitutional Law | Date: 17 Nov, 2009 | Hits: 6
Md. Jubayer Vs. State and others, 2009, 38 CLC (HCD)
....essions Judge and Joint Metropolitan Sessions Judge (in-charge), Second Court, Chittagong should not be quashed and/or such other or further order or orders passed as to this Court might seem fit and proper. 2. In short, the facts relevant for disposal of this Rule are as follows: One A.K.......urt High Court Division (Criminal) Present: Afzal Hossain Ahmed J Md. Abdus Samad J Md. Jubayer…………………………..Accused-Petitioner Vs. The State and others…………………………….Opposite Parties Judgment November 09, 2009. ...... Thereafter, the complainants presented the cheque to the Bank concerned for encashment on 29.05.2007, but it was also dishonoured for insufficient fund. 3. Thereafter, the complainants served a legal notice upon the accused-petitioner by registered post on 25.06.2007 demanding the money in que..Category: Criminal Law | Date: 9 Nov, 2009 | Hits: 128
Zahirul Islam & others Vs. Government of Bangladesh others, 2009, 38 CLC (HCD)
....Dhaka prepared in the name of the petitioners to the settlement press for final publication. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 168 ......nts Judgment October 28, 2009. Result: this Rule is made absolute. Cases Referred to- Romisa Khanam Vs. Bangladesh 61 DLR 18; Md. Abtab Ali Sheikh Vs. Director of Land Records, 58 DLR 397=11 MLR 226; Capital Co-operative Housing Society Ltd Vs. Bangladesh 45 DLR 2......, 2850, 2857, 2858, 2859 and 3025 of 1999 with a reference to Miscellaneous Case No. 760 of 2002 (Annexure-E, E (1), E(2), E(3), E(4), E(5), E(6) and E(7) should not be declared to have been passed illegally and without lawful authority and why direction should not be issued to send the draft public..Category: Property Law, Tenancy Law | Date: 28 Oct, 2009 | Hits: 5
Dr. Mir Jamal Uddin and others Vs. Dr. Nawzesh Farid and others, 2009, 38 CLC (AD)
....unctions as may be prescribed by law. 16. A nation cannot rise without the services of its men so that it can build its infrastructure. The PSC is charged with the delicate task of selecting the proper persons for the right job. The persons who would undertake the nation-building process in eve...... Present: MM Ruhul Amin CJ Mohammad Fazlul Karim J Md. Joynul Abedin J Md. Abdul Matin J Shah Abu Nayeem Mominur Rahman J ABM Khairul Haque J Dr. Mir Jamal Uddin and others..................Petitioners (In Civil Petition No.1158-59 of 2009) Dr. Shafiuddin A......st the vacant posts existing at the time of advertisement and also on the subsequent vacant posts on the requisition of the concerned Ministry of the Government, as such, the said recommendations are legal and valid as those were made against vacant posts. Secondly, the writ-petitioners who particip..Category: Employment/Service Law | Date: 14 Oct, 2009 | Hits: 118
Md. Rezaul Kabir Vs. State and another, 2009, 38 CLC (HCD)
....ruption Act, 1947, now pending in the Court of Special Judge and Sessions Judge, Mymensingh should not be quashed and/or passed such other or further order or orders as to this Court may seem fit and proper. 2. Facts necessary for disposal of this Rule, briefly, be put thus:- One Ruhul Quddus K...... Present: Afzal Hossain Ahmed J Md. Abdus Samad J Md. Rezaul Kabir………………………..Accused-petitioner Vs. The State and another…………………………..Opposit......2) of the Prevention of Corruption Act, 1947. The Joint Forces, on search, also recovered two Air Coolers each having 11/2 tones capacity which the said Upazila Nirbahi Officer set in his Office by illegal means which the Joint Forces also seized in presence of the witnesses by preparing seizure lis..Category: Anti-Corruption Laws | Date: 11 Oct, 2009 | Hits: 10
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