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MM Ali Ispahani Vs. MM Ispahani Ltd., 2008, 37 CLC (HCD)
....ve share transfers remained outstanding, the emergence of Bangladesh in December 1971 led to the Company and most of its sister companies to be taken over by the Government of Bangladesh as abandoned properties in early-1972 under President’s Order No. 16 of 1972. It is noted that the Company ......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 .......1992 the Petitioner No. 1 addressed a letter to the Company putting it on notice of his right to some 14,283 shares of his late father MMI by way of transmission, given that the other five surviving legal heirs of MMI had relinquished their rights to these shares in favour of the Petitioner No. 1 (..Category: Company Law | Date: 4 Dec, 2008 | Hits: 505
Dewan Joynal Abedin Vs. Husen Ahmed Khan and others, 2008, 37 CLC (HCD)
....er of the lower appellate Court in dismissing the appeal for default. Learned Advocate for the petitioner submits that this is an inadvertent mistake on his part in not advising his client to file proper application either under rules 19 or 19A of Order XLI, of the Code of Civil Procedure and ac...... High Court Division (Civil Revisional Jurisdiction) Present: SK Sinha J Dewan Joynal Abedin ………………………………… Petitioner Vs. Husen Ahmed Khan and others……………… Opposite Parties Judgment December 2, 2008. Result: ......e lower appellate Court. I cannot direct the petitioner to file proper application to the lower appellate Court. It is his discretion to choose the forum. I find that this revision petition is not legally maintainable. I find no merit in this Rule. In the result, the Rule is discharged wit..Category: Property Law | Date: 2 Dec, 2008 | Hits: 7
Abul Kashem (Md.) Vs. Government of Bangladesh and others, 2008, 37 CLC (HCD)
....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. ......Samabi Adhidaptor, Dhaka and the Chairman, Election Commission, Sonar Bangla Samabai Cotton Mills Ltd. canceling the nomination paper of the petitioners should not be declared to have been passed illegally, without jurisdiction and without lawful authority and is of no legal effect. 3. The ..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. ...... 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......o suffer rigorous imprisonment for six months more. The father was acquitted, as no charge under sections 9(1)/30 of the aforesaid Act was proved against him. So, they submitted that there is no illegality in the impugned judgment and order which needs interference by this Court in appeal. ..Category: Women and Children | Date: 23 Nov, 2008 | Hits: 7
Mosammat Kazi Shamsunnahar Vs. Md. Ramjan Molla and others, 2008, 37 CLC (HCD)
....present rule. 4. Mr. Kazi Abdul Khaleque, the learned advocate for the petitioner submitted that both the courts below committed gross illegality in violating the clear provision of law that the properties transferred through exchange deed was non pre-emptable under section 96(10) of the State ......ent: Md. Mizanur Rahman Bhuiyan J Mosammat Kazi Shamsunnahar……………………………Petitioner Vs. Md. Ramjan Molla and others……………………………&h......ional application before this court and obtained the present rule. 4. Mr. Kazi Abdul Khaleque, the learned advocate for the petitioner submitted that both the courts below committed gross illegality in violating the clear provision of law that the properties transferred through exchange de..Category: Property Law | Date: 20 Nov, 2008 | Hits: 2
Habibur Rahman Molla Vs. State, 2008, 37 CLC (HCD)
....0, Dhaka calling upon the opposite 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 3-10-200...... 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 ......, the framing of charge for commission of offence alleged to have been committed within the period of more than one year punishable under sections 26(2) and 27(1) of the ACC Ain, 2004 is absolutely illegal and liable to be quashed. Moreover, trial of the case has not also been concluded within the p..Category: Anti-Corruption Laws | Date: 20 Nov, 2008 | Hits: 157
....ng violative of the petitioners fundamental rights as guaranteed under Articles 27, 31 and 42 of the Constitution and/or such other or further order or orders passed as to this Court may seem fit and proper.
Pending disposal of the Rule the respondents are hereby restrained from proceeding with......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......the notification bearing No. BaSoKoKoSo/Unit-6/Sorasori-2/2006(1-81) 94 dated 28.05.2006 issued by respondent no. 3 should not be declared as have been issued without lawful authority and to be of no legal effect as being violative of the petitioners fundamental rights as guaranteed under Articles 2..
Category: Civil Law, Employment/Service Law | Date: 18 Nov, 2008 | Hits: 3
Abdul Hai (Md.) Vs. Bangladesh and others, 2008, 37 CLC (HCD)
....rvice of Bangladesh Rifles should not be declared to have been made without lawful authority and is of no legal effect and/or pass such other or further order/orders as to this Court may seem fit and proper. 2. It has been asserted in the writ petition that the writ petitioner was appointed as Se...... 485. ......disclosed in Annexure-F discharging and affirming such discharge of the petitioner from the Service of Bangladesh Rifles should not be declared to have been made without lawful authority and is of no legal effect and/or pass such other or further order/orders as to this Court may seem fit and proper..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)
....ng violative of the petitioners fundamental rights as guaranteed under Articles 27, 31 and 42 of the Constitution and/or such other or further order or orders passed as to this Court may seem fit and proper. Pending disposal of the Rule the respondents are hereby restrained from proceeding with......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......the notification bearing No. BaSoKoKoSo/Unit-6/Sorasori-2/2006(1-81) 94 dated 28.05.2006 issued by respondent no. 3 should not be declared as have been issued without lawful authority and to be of no legal effect as being violative of the petitioners fundamental rights as guaranteed under Articles 2..Category: Constitutional Law | Date: 18 Nov, 2008 | Hits: 167
Mosammat Setara Begum Vs. Al-Arafah Islami Bank Ltd. and others, 2008, 37 CLC (HCD)
.... the impugned order dated 24-08-2006 (Annexure-E to the writ petition) passed by the Artho Rin Adalat no.4, Dhaka, in Artho Execution Case no.60 of 2006, conferring title of petitioner's mortgaged property upon the decree holder bank, should not be declared to have been made without lawful autho......urt 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 11, 2008. Result: The Rule......n Artho Execution Case no.60 of 2006, conferring title of petitioner's mortgaged property upon the decree holder bank, should not be declared to have been made without lawful authority and is of no legal effect. 2. Short facts leading to this Rule are that on 21-04-2005 respondent No.1 Al-Ar..Category: Civil Law | Date: 11 Nov, 2008 | Hits: 4
....laxing their educational qualification, whereas they have only SSC, I.Com and HSC Degree respectively. Thereafter, the petitioner submitted an application to the Director General of the Board through proper channel on 16- 4-2004 for giving him promotion to the post of Deputy Director in considering ......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 ......s to show cause as to why the action of the respondents in not considering the case of the petitioner for promotion should not be declared 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 petitione..
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)
....-9-2004 decreed the suit ex parte. 5. The bank, then put the decree in execution in Execution Case No. 13 of 2005 against the petitioner. Consequently, all steps were taken to sell the mortgaged property in auction but with no effect. Then, on 6-10-2005 at the instance of the bank the Court iss......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......rtha Rin Adalat No. 1, Rajbari, in Artha Rin Execution Case No. 13 of 2005 arising out of Artha Rin Suit No. 45 of 2004, should not be declared to have been made without lawful authority and is of no legal effect. 2. Short facts leading to this Rule are that on 29-4-2004, the respondent No. 2, ..Category: Civil Law | Date: 5 Nov, 2008 | Hits: 168
....that of the principal debtor,
i.e. defendant Nos. 3 and 4;
b. the plaintiff has recourse to relief
against the defendant Nos. 1 and 2; and
c. the defendant Nos. 1 and 2 are necessary
and proper parties to the suit and, as such, their presence is required for
effectual and complete adju......
(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...... Suits have been filed by the
same entity as plaintiff being aggrieved by the short landing of Crude Degummed
Soya Bean Oil. Such a state of affairs led the plaintiff in both the Suits to
initiate legal proceedings and to obtain orders of arrest of the concerned
vessels as security for the claim..
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)
....f the Act have effect in relation to that State. 13. It seems that the provision of section 4 of the Act escaped the notice of the Ministry of Home Affairs. After more than 7 years it would not be proper to give an opportunity allowing the Government to initiate a committal proceeding under sec......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......e Officer-in-Charge received several memoranda from the Ministry of Home Affairs, Government of Bangladesh through the Deputy Commissioner, Noakhali to arrest the detenu. The detention was declared illegal by the High Court Division as evidenced by the order dated 11-1-2001 of the Court of Magistr..Category: Criminal Law | Date: 20 Aug, 2008 | Hits: 20
....ghts. Since the seven children are helpless and their actual parents are not available, we are inclined to keep them in the custody of Bangladesh Jatiyo Mohila Ainjibi Samity which is willing to take proper care of the children at their cost. The children shall remain in shelter home of Bangladesh J......)
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......si was heard on merit.
3. The facts leading to the issuance of the Rule, in brief, are:
The Bangladesh Jatiyo Mohila Ainjibi Samity (in short, BJMAS) is a group of lawyers providing legal aid to women and children. In 1979, BJMAS started trafficking research, advocacy, providing sh..
Category: Women and Children | Date: 14 Aug, 2008 | Hits: 201
....93 of
the Companies Act, 1994 and to take appropriate step on hearing the petitioners
and the respondent No.2 and/or to pass such other or further order or orders as
to this Court may seem fit and proper.
2. It has been asserted in the writ
petition that the petitioner is the Managing Direc......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......Khan, has called upon the respondent No.1, the Registrar, Joint
Stock Companies and Firms, to show cause as to why the impugned letter dated
8-8-2006 directing the petitioner to take the shelter of legal proceeding
should not be declared to have been issued without lawful authority and is of
no ..
Category: Company Law | Date: 12 Aug, 2008 | Hits: 18
Idrisur Rahman (Md) Vs. Bangladesh, 2008, 37 CLC (HCD)
....nged on the ground of absence of emergency, the Court may start with a presumption of the existence of emergency as the executive's assertion of the existence of emergency should be given due and proper weight. Every casual and passing challenge to the existence of the necessary circumstances ca...... 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......em No. 14 of Schedule I of the Rules of Business (allocation of business) provides that the matters relating to the administration of justice be dealt with by the Ministry of Law. 25. From this legal point of view, the Ministry of Law has to render secretarial assistance to the office of the P..Category: Constitutional Law | Date: 7 Aug, 2008 | Hits: 236
Mohammad Nasim Vs. State and another, 2008, 37 CLC (HCD)
.... there under to suffer rigorous imprisonment for a period of 10(ten) years and to pay a fine of Tk. 10,00,000/- in default to suffer rigorous imprisonment for 1(one) year and also confiscated the properties acquired through improper means, disproportionate to lawful source of income in the na......sent: Md. Muzammel Hossain J Syed AB Mahmudul Huq J Mohammad Nasim……………………………………………………………………….Appellant Vs. The State and another…………………………………………………………………Respondents ......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. ..Category: Criminal Law | Date: 6 Aug, 2008 | Hits: 4
....t of Senior Assistant Judge, 5th Court, Sadar, Chittagong on 19.11.1992 being Other Suit No.3 of 1995 with a prayer for permanent injunction and the restrain to defendants from entering into the suit property and not to evict plaintiff and not to do any harm to the properties and houses therein......Md. Dabirush-Shan J
S.M. Mohiuddin Hossain…………………………Petitioner
Vs.
Jalalabad Co-Operative Housing Society Limited and others………….Opposite Parties
Judgment
August 5, 2008.
......laintiff 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 activities of the defendants. The plaintiff also got his land measured through Additional Depu..
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. ...... 7 LG (HCD) (2010) 78, 29 BLD (HCD) (2009) 30. ......a good deal of force. 10. Having considered the facts and circumstances of the case and foregoing narrative, we are of the view that the continuation of the proceedings suffers from no legal infirmity, which calls for no interference by the Court. Thus the Rule having no merit fails. ..Category: Criminal Law | Date: 31 Jul, 2008 | Hits: 92
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