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

....wdhury J Sontosh Kumar Shaha…………………………………………Petitioner Vs. Government of Bangladesh and others………………Respondents Judgment ......S. M. Emdadul Hoque Chowdhury J Sontosh Kumar Shaha…………………………………………Petitioner Vs. Government of Bangladesh and others………………Responde......     ...... February 5, 2009. Result: The Rule is made abso­lutes. Cases Referred to- The State Vs. Chief Editor of Manab Zamin and others, 2 LG 1; Secretary, Ministry of Finance Vs. Md. Masdar Hossain and others, 52 DLR (AD) 82; Shahida Khatoon Vs. Bangladesh, 3 BLC (AD) 155; Abdul..

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

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

.... Abdul Latif Howlader and others…………………………………………Petitioners Vs. Government of Bangladesh, represented by The Secretary, Ministry of Forrest and Environment, Bangladesh and others....... Ashfaqul Islam J Abdul Latif Howlader and others…………………………………………Petitioners Vs. Government of Bangladesh, represented by The Secretary, Ministry of Forrest and Environment......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.   ......ransmitted at once. Ed. This Case is also Reported in: 29 BLD (HCD) (2009) 280.   ..

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)

.... Present: Syed Mahmud Hossain J Quamrul Is­lam Siddiqui J Dr. Shipra Chaudhury and another………………Petitioners Vs. Government of Bangladesh and others…………Respondents Judgment January 19, 2009......riginal Jurisdiction) Present: Syed Mahmud Hossain J Quamrul Is­lam Siddiqui J Dr. Shipra Chaudhury and another………………Petitioners Vs. Government of Bangladesh and others…………Respondents Judgmen......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.   ...... (AD) 69; Apparel Export Promo­tion Council Vs. Chopra, AIR 1999 SC 625; Ms. Humaira 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-G..

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

Gour Netai Sri Sri Modan Mohan Das Bigraha Vs. Jahanara Islam Chowdhury and others, 2008, 37 CLC (HCD)

.... appellant is a third party and, as such, he has got no authority to challenge the ex parte decree. The suit having been decided on the merits up to the Appellate Division of the Supreme Court of Bangladesh in favor of the respondents and so this appeal can't be admitted." (underlined by me) ...... Supreme Court High Court 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 Decembe......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. ......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

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

.... Md. Fazlul Karim J  Md. Joynul Abedin J  James Finaly Pic. Chittagong……………………Appellant Vs. Government of Bangladesh and others ............Respondents Judgment December 17, 2008.  Resu......: MM Ruhul Amin CJ Md. Fazlul Karim J  Md. Joynul Abedin J  James Finaly Pic. Chittagong……………………Appellant Vs. Government of Bangladesh and others ............Respondents Judgment December 17......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. ......owed without any order as to costs. Ed. This Case is also Reported in: 19 BLC (AD) (2013) 79. ..

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

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

.... Md. Ashfaqul Islam J Nazimuddin (Md.) Chairman ……………………………… Accused-Petitioner Vs. Government of Bangladesh represented by the Secretary, Ministry of Law……………&hel...... Md. Imman Ali J Md. Ashfaqul Islam J Nazimuddin (Md.) Chairman ……………………………… Accused-Petitioner Vs. Government of Bangladesh represented by the Secretary, Ministry of Law……&hell...... 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. ......harged 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)

....uating fortunes of a corporate entity that has had to face the exigencies of sub-continental politics and state formation as evident in the Partition of the Sub-Continent in 1947 and the emergence of Bangladesh in 1971. It is evident that the vicissitudes of Pakistan’s internal politics, the i...... 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 Commercial Area, P.S. Motijheel, Dhaka and others…...... 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. ..

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

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

....rt Division (Special Original Jurisdiction) Present: Md. 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......me Court High Court Division (Special Original Jurisdiction) Present: Md. Imman Ali J Md. Ashfaqul Islam J Abul Kashem (Md.)……………………Petitioner Vs. Government of Bangladesh represented by the Secretary, Ministry of Local Government and C......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.  ......recalled. Ed. This Case is also Reported in:  61 DLR (HCD) (2009) 249.  ..

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

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

....ration and misconstruction of any evi­dence and materials on record and prayed for discharge of the rule. In support of his conten­tion he cited the decision in the case of Gov­ernment of Bangladesh, represented by the Deputy Commissioner, Jessore Vs. Ershad Ali Moral and others, reporte......al Jurisdiction) Present: Md. Mizanur Rahman Bhuiyan J Mosammat Kazi Shamsunnahar……………………………Petitioner Vs. Md. Ramjan Molla and others……………………......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. ......he 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)

....of significant amount of time, e.g. at the stage of trial where evidence of 17 witnesses have already been recorded by the trial Court. Cases Referred to- Abdul Hakim Vs. State, 45 DLR 352; Bangladesh Vs. Iqbal Hasan Mahmood, 60 DLR (AD) 147; Niamat Ali Sheikh. Vs. Begum Enayetur Noor, 199......ion (Criminal Appellate Jurisdiction) Present: Md. Anwarul Haque J Farah Mahbub J Habibur Rahman Molla ………………Accused-Petitioner Vs. State ………………............................Opposite ......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. ......d the Appellate Division Judgment here. Read the Criminal Petition for Leave to Appeal here. Supreme Court High Court Division (Criminal Appellate Jurisdiction) Present: Md. Anwarul Haque J Farah Mahbub J Habibur Rahman Molla …………&h..

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)]

....ীগণ রায় প্রদানঃ নভেম্বর ১৮,২০০৮ Medical Council Act, 1973 Medical and Dental Council Act, 1980 (Act XVI of 1980)  Bangladesh Civil Service Recruitment Rules, 1981 উপরোক্ত আইনের প্......রতিবেদন দাখিল করিবেন। বিচারপতি মোঃ আবু তারিক.-আমি একমত। Ed. This Case is also Reported in: ......রতিবেদন দাখিল করিবেন। বিচারপতি মোঃ আবু তারিক.-আমি একমত। Ed. This Case is also Reported in: ......ss 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 opposed the prayer for stay. ..

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

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

....HCD) (2009) 485. ......1 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. ...... This Case is also Reported in: 61 DLR (HCD) (2009) 485. ..

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)

....রা ৭-৭-২০০৫ তারিখের এস.আর.ও. নং ২১১-আইন/২০০৫-সম(বিধি-৫)-৩১/০৪ এর প্রজ্ঞাপন মারফৎ Bangladesh Civil Service Recruitment Rules, 1981 এর সংশোধনীর মাধ্যম......্কে তাহাদের প্রতিবেদন দাখিল করিবেন। বিচারপতি মোঃ আবু তারিক.- আমি একমত। ......্কে তাহাদের প্রতিবেদন দাখিল করিবেন। বিচারপতি মোঃ আবু তারিক.- আমি একমত। ......ss 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 opposed the prayer for stay. ..

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

Mosammat Setara Begum Vs. Al-Arafah Islami Bank Ltd. and others, 2008, 37 CLC (HCD)

....-3. Writ Petition No.9097 of 2006. Judgment Syed Md. Ziaul Karim J.- This Rule Nisi was issued, on an application under Article 102 of the Constitution of the People's Republic of Bangladesh, calling upon the respondents to show cause as to why the impugned order dated 24-08-200...... Supreme Court High Court Division (Special Original Jurisdiction) Present: Zinat Ara J Syed Md. Ziaul Karim J Mosammat Setara Begum..........Petitioner Vs. Al-Arafah Islami Bank Ltd. and others.............Respondents Judgment November ......w. Office is directed to communicate the order at once with a copy of judgment for information and necessary action. Ed. This Case is also Reported in: 14 MLR (HCD) (2009) 480. ...... This Case is also Reported in: 14 MLR (HCD) (2009) 480. ..

Category: Civil Law | Date: 11 Nov, 2008 | Hits: 4

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

....ion (Special 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. Resu......(2009) 689. ......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. ...... order as to cost. Cases Referred to-  Abdur Razzaque Zoarder Vs. Government of Bangladesh, 58 DLR 245; Udayan Garments (Pvt) Ltd. Vs. Bangladesh, 59 DLR 615. Lawyers Involved:  Md. Oziullah, Advocate — For the Petitioner. Md. Zainul Abedin, Advocate — For the Respondent..

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

Akramuzzaman (Md.) alias Babu Vs. Artha Rin Adalat No. 1 Rajbari and others, 2008, 37 CLC (HCD)

.... No. 2. Writ Petition No. 5635 of 2007 Judgment SM Ziaul Karim J. - This Rule Nisi was issued, on an application under Article 102 (2) of the Constitution of the People's Republic of Bangladesh, calling upon the respondents to show cause as to why the order No. 38 dated 10-4-2007 pa...... ......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. ...... 61 DLR (HCD) (2009) 638; 15 MLR (HCD) (2010) 1. ..

Category: Civil Law | Date: 5 Nov, 2008 | Hits: 168

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. ......e Court High Court Division (Criminal Appellate Jurisdiction) Present: Tariq-ul-Hakim J Sheikh Abdul Awal J Ziad Ali Gazi (Md.)………………..Accused-Appellant Vs. State………………………Respondent Judgment October 28, 2008. Result...... 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. ......Reported in: 61 DLR (HCD) (2009) 807. ..

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)

....rt. By that reason this Court is satisfied that the P&I clubs in both the suits have properly been imp leaded as defendant No. 1 in each Suit and by necessity leading to their correspondents in Bangladesh being imp leaded as parties as well. That being the case, this Court finds no hindrance ...... (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. ...... Vs. Chittagong Steel Mills Limited, 55 DLR 417; Bank of Bihar Limited Vs. Dr. Damodar Prasad, 1969 AIR (SC) 297. Lawyers Involved: Karishma Jahan, Advocate — For the Plaintiffs. Md. Hafizullah, Senior Advocate with Md. Ohiullah, Al-Amin Sarker and Nasreen Hafiz, Advocates — ..

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)

....Supreme Court 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: ......C (HCD) (2008) 843. ......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. ......ud Hossain J.- In this application under Article 102 of the Constitution of the People's Republic of Bangladesh, a Rule Nisi was issued calling upon the respondents to show cause as to why the detenu Md. Belial Hossain, son of Farid Miah alias Sabid Miah now detained at Noakhali District Jail should..

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

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

.... 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. ......rt High Court Division (Criminal Miscellaneous Jurisdiction) Present: Tariq-ul-Hakim J Sheikh Abdul Awal J Ayub Ali alias Mukul ……………..Accused Petitioner Vs. State ……………….......................Opposite Party Judgment August 14,...... 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. ......o- 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 (AD) 301; Abdul Karim Vs. Shamsul ..

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