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Radha Shyam Sarker Vs. Nani Gopal Sen being dead his heirs: Ashesh Kumer and others, 2009, 38 CLC (HCD)

.... order of stay granted earlier by this Court stands vacated. Office is directed to send down the record of the case at once. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 73. ...... order of stay granted earlier by this Court stands vacated. Office is directed to send down the record of the case at once. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 73. ...... order of stay granted earlier by this Court stands vacated. Office is directed to send down the record of the case at once. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 73. ...... order of stay granted earlier by this Court stands vacated. Office is directed to send down the record of the case at once. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 73. ..

Category: Tenancy Law | Date: 5 Jul, 2009 | Hits: 154

Human Rights & Peace for Bangladesh & others Vs.Govt of Bangladesh & Others, 2009, 38 CLC (HCD) [হিউম্যান রাইট্স এ্যান্ড পিস ফর বাংলাদেশ গং বনাম বাংলাদেশ গং, ২০০৯, ৩৮ সিএলসি (হাইকোর্ট ডিভিশন)]

....াকা মহানগরী বিরান হইয়া যাইবার সম্ভবনা রহিয়াছে। Ed. This Case is also Reported in: 17 BLT (HCD) (2009) 455 ...... temporary and permanent structures/buildings in the rivers,namely, Buriganga, Turag, Balu and Shitalakkha, till disposal of the Rule. Let a copy of this Rule be served upon the learned Attorney General of Bangladesh for his information and necessary steps in this regard. Since the matter ......াকা মহানগরী বিরান হইয়া যাইবার সম্ভবনা রহিয়াছে। Ed. This Case is also Reported in: 17 BLT (HCD) (2009) 455 ......and permanent structures/buildings in the rivers,namely, Buriganga, Turag, Balu and Shitalakkha, till disposal of the Rule. Let a copy of this Rule be served upon the learned Attorney General of Bangladesh for his information and necessary steps in this regard. Since the matter is of great..

Category: Environmental Law, Property Law | Date: 25 Jun, 2009 | Hits: 19

Sree Pintoo Pal Vs. State, 2009, 38 CLC (HCD)

....orthwith if not wanted in connection with any other case. 46. Send down the L.C.R with a copy of the Judgment at once. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 220. ......; Daler Sing Vs. State, 1955 Cr.L.J 614; Alkas Mia Vs. State, 25 DLR 378. Lawyers Involved: Abdur Razzaque Miah with Nazmul Karim - For the appellant. Sakila Rowshan, Deputy Attorney-General - For the State. Criminal Appeal No.3020 of 2004. Judgment Siddiqur Rahman M......cated the accused at the instance of the enemies of the accused and that no such occurrence took place at all. 21. P.W.3, Bipul Kumar Adikari, deposed that he heard the matter from Ochinta and Police recovered the victim from the house of accused Pintoo Pal. 22. In the cross examinatio......orthwith if not wanted in connection with any other case. 46. Send down the L.C.R with a copy of the Judgment at once. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 220. ..

Category: Women and Children | Date: 22 Jun, 2009 | Hits: 9

Bangladesh Power Development Board & others Vs. Abu Bakar Siddique & anothers, 2009, 38 CLC (AD)

....9 of 2001 are hereby declared to have been passed without lawful authority and is of no legal effect. Accordingly, the appeals are allowed without any order as to costs. Ed.   ......r which they were appointed and their service is regularized. Similarly the recruited employees, previous to the existing rules, are also being governed under the new rules. 16. Section 6 of the General Clauses Act provides that "Where this Act, or any Act of Parliament or Regulation made after......9 of 2001 are hereby declared to have been passed without lawful authority and is of no legal effect. Accordingly, the appeals are allowed without any order as to costs. Ed.   ...... ..

Category: Employment/Service Law | Date: 3 Jun, 2009 | Hits: 256

Bangladesh Power Development Board & others Vs. Abu Bakar Siddique & anothers, 2009, 38 CLC (HCD)

....ithout lawful authority and is of no legal effect. Accordingly, the appeals are allowed without any order as to costs. Ed. This Case is also Reported in: 15 BLC (AD) (2010) 214. ......r which they were appointed and their service is regularized. Similarly the recruited employees, previous to the existing rules, are also being governed under the new rules. 16. Section 6 of the General Clauses Act provides that "Where this Act, or any Act of Parliament or Regulation made after......ithout lawful authority and is of no legal effect. Accordingly, the appeals are allowed without any order as to costs. Ed. This Case is also Reported in: 15 BLC (AD) (2010) 214. ...... ..

Category: Employment/Service Law | Date: 3 Jun, 2009 | Hits: 3

Emran Ahmed & 20 anothers Vs. Bangladesh and others, 2009, 38 CLC (HCD)

....ce was terminated and in lieu of prior notice period he would be paid the said amount of pay. 6. In Writ Petition No.2091 of 2008 it is stat­ed that the petitioner was appointed in Biman as Store Inspector on 23-6-1983 and last he was serv­ing as store Inspector officer with highest satisfac­t......iority, back wages and other privileges within 30 days of receipt of a copy of this Judgment. There will be no order as to costs. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 213. ......iority, back wages and other privileges within 30 days of receipt of a copy of this Judgment. There will be no order as to costs. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 213. ......upreme Court High Court Division (Special Original Jurisdiction) Present: Tariq ul Hakim J Md. Azizul Haque J Emran Ahmed & 20 anothers…………….....Petitioners Vs. Bangladesh and others…………………Respondents Judgment June 2, 2009. Result: All..

Category: Employment/Service Law | Date: 2 Jun, 2009 | Hits: 35

Sheikh Md. Nurul Haque Vs. State and anoth­er, 2009, 38 CLC (HCD)

....ds vacated. Send a copy of this order to the Metropolitan Magistrate, Khulna for compli­ance. Md. Ataur Rahman Khan J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 162. ...... is liable to be quashed. 17. Since the notice was issued through registered post with AD on 03-05-2005, so it can be legally presumed that the notice has been served properly as per article 17 of General Clauses Act. The accused petitioner no where in his entire petition mentioned that he did no......ds vacated. Send a copy of this order to the Metropolitan Magistrate, Khulna for compli­ance. Md. Ataur Rahman Khan J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 162. ......ds vacated. Send a copy of this order to the Metropolitan Magistrate, Khulna for compli­ance. Md. Ataur Rahman Khan J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 162. ..

Category: Banking Law | Date: 26 May, 2009 | Hits: 663

Ehtesamur Rahman Vs. The State & Others, 2009, 38 CLC (HCD)

....formation and necessary action. Ed. This Case is also Reported in: 29 BLD (HCD) (2009) 399.                 ......an and others Vs. Nurul Islam Chowdhury, 35 DLR (AD) 127. Lawyers Involved: Md. Ahsanullah, Advocate-For the Petitioner. Md. Abdul Khaleque with Fazilatunnesa Bappy, Assistant Attorney-General-For the State. Criminal Revision No.1033 of 2006. Judgment A.T.M. Fazle Kabir......cord of Non-FIR case No.77 of 2001 was sent back to the Court of Metropoli­tan Magistrate after making the Rule absolute in Criminal Revision No.262 of 2004. The Deputy Commissioner, Metropolitan Police, Dhaka filed an application before the Metro­politan Magistrate, behind the knowledge of ......formation and necessary action. Ed. This Case is also Reported in: 29 BLD (HCD) (2009) 399.                 ..

Category: Procedural Law | Date: 19 May, 2009 | Hits: 1

Bangladesh National Women Lawyers Association (BNWLA) Vs. Bangladesh and Others, 2009, 38 CLC (HCD)

....ficult task in public interest. There is no order as to costs. Quamrul Islam Siddiqui J.- I agree. Ed. This Case is also Reported in: 29 BLD (HCD) (2009) 415, 14 BLC (HCD)(2009) 694. ......l College, AIR 1973 SC 1260. Lawyers Involved: Mrs. Fawzia Karim Firoze with Mrs. Seema Zahur, Ms. Rebeka Sultana and Ms. Sathi Shahjahan-for the petitioner. Razik Al-Jail, Deputy Attorney General-for respondent No. 3. Dr. Rafiqur Rahman, Senior Advocate-for respondent No. 7. Mahmud......ficult task in public interest. There is no order as to costs. Quamrul Islam Siddiqui J.- I agree. Ed. This Case is also Reported in: 29 BLD (HCD) (2009) 415, 14 BLC (HCD)(2009) 694. ......rted in: 29 BLD (HCD) (2009) 415, 14 BLC (HCD)(2009) 694. ..

Category: Women and Children | Date: 14 May, 2009 | Hits: 330

State Vs. Anjali Debi alias Monju Debi, 2009, 38 CLC (HCD)

....ent to Begum Amirun Nesa, the then Judge of Nari-o-Shishu Nirjatan Daman Tribunal, Pabna, immediately at her present posting. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 738. ......s Ruad Vs. State, Criminal Appeal No. 1687 of 1998 (unreported). Lawyers Involved: Md. Khurshid Alam Khan, Advocate — For the Appellant. Md. Masud Hasan Chowdhury, Assistant Attorney General — For the State. Death Reference No.82 of 2005 with Criminal Appeal No. 2368 of 2005 ......me and saved the woman. On interrogation, the said woman disclosed that she abducted the child for sending him abroad. Thereafter, the informant lodged the FIR at 12-30 AM of 17-3-2002. 3. Pabna Police Station took up the investigation of the case and on completion of the investigation, submitt......e. It can be seen that from the year 1983 up to 2003, special laws have been promulgated by the Government for safety of woman's body, but there is no achievement, rather parallel laws are running in Bangladesh. Principle of natural justice speaks that when there are two parallel laws, harsh law sho..

Category: Women and Children | Date: 5 May, 2009 | Hits: 75

Sirajul Islam (Md) Vs. Tauhid Uddin Ahmed & another, 2009, 38 CLC (HCD)

....ay granted earlier stands vacated. Send a copy of this order to Metropolitan Assistant Sessions Judge, Court, Dhaka for compliance. Ed. This Case is also Reported in: 15 BLC (HCD) (2010) 39. ....... Since the notice was issued through registered post with AD which was tendered by the accused petitioner, so it can be legally presumed that the notice has been served properly as per article 17 of General Clauses Act. The accused petitioner nowhere in his entire petition mentioned that he did not......ay granted earlier stands vacated. Send a copy of this order to Metropolitan Assistant Sessions Judge, Court, Dhaka for compliance. Ed. This Case is also Reported in: 15 BLC (HCD) (2010) 39. ......ay granted earlier stands vacated. Send a copy of this order to Metropolitan Assistant Sessions Judge, Court, Dhaka for compliance. Ed. This Case is also Reported in: 15 BLC (HCD) (2010) 39. ..

Category: Banking Law | Date: 4 May, 2009 | Hits: 280

Zahed Hossain (Md.) Vs. State and another, 2009, 38 CLC (HCD)

....t be quashed and the same may continue as well. I like to add the above few words in support of my learned brother and I agree. Ed. This Case is also Reported in:61 DLR (HCD) (2009) 386. ......t be quashed and the same may continue as well. I like to add the above few words in support of my learned brother and I agree. Ed. This Case is also Reported in:61 DLR (HCD) (2009) 386. ......t be quashed and the same may continue as well. I like to add the above few words in support of my learned brother and I agree. Ed. This Case is also Reported in:61 DLR (HCD) (2009) 386. ...... common to notes, bills and cheques which has confined its application to the three kinds of Instruments stated hereinbefore. 29. Many changes in the political and economic life of the people of Bangladesh, especially after the advent of independence, have taken place which has invested the sta..

Category: Procedural Law | Date: 29 Apr, 2009 | Hits: 135

Md. Abdur Rashid & others Vs. Most. Amena Khatun and others, 2009, 38 CLC (HCD)

.... is discharged, however, without any order as to costs. Send down the Lower Court Records at once. Ed. This Case is also Reported in: 29 BLD (HCD) (2009) 296.     ...... is discharged, however, without any order as to costs. Send down the Lower Court Records at once. Ed. This Case is also Reported in: 29 BLD (HCD) (2009) 296.     ...... is discharged, however, without any order as to costs. Send down the Lower Court Records at once. Ed. This Case is also Reported in: 29 BLD (HCD) (2009) 296.     ...... is discharged, however, without any order as to costs. Send down the Lower Court Records at once. Ed. This Case is also Reported in: 29 BLD (HCD) (2009) 296.     ..

Category: Property Law | Date: 13 Apr, 2009 | Hits: 2

Jaharlal Bandapadhya and others vs. Most. Begum Jahanara, 2009, 38 CLC (AD)

....ourt Division. In such view of the matter we find not substance in this appeal. The appeal is dis­missed without any order as to cost. Ed. This Case is also Reported in: VII ADC (2010) 155. ......ourt Division. In such view of the matter we find not substance in this appeal. The appeal is dis­missed without any order as to cost. Ed. This Case is also Reported in: VII ADC (2010) 155. ......ourt Division. In such view of the matter we find not substance in this appeal. The appeal is dis­missed without any order as to cost. Ed. This Case is also Reported in: VII ADC (2010) 155. ......with ulterior motive she converted them as a written statement by the defendant No.1 admitting the contract and prayed for dis­missal for the suit. 4. The defendant No.3, the People's Republic of Bangladesh contested the suit by filing written statement contending, inter alia, that the suit is n..

Category: Property Law | Date: 13 Apr, 2009 | Hits: 74

Zahida Ahmed (Liza) Vs. Syed Noor Uddin Ahmed and another, 2009, 38 CLC (HCD)

.... There is no order as to costs. Quamrul Islam Siddiqui J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 168,  29 BLD (HCD) (2009) 375, 14 MLR (HCD) (2009) 465. ......led that in matters concerning the custody of the minor children, the paramount consideration is the welfare of the minor and not the legal right of this and that particular party." 15. The General Assembly of the United Nations adopted the International Convention of the Rights of the Chi......r telephone that he is a Bangladeshi and that according to Bangladesh law the child was his and refused to let her to speak to the child. The petitioner made a missing child complaint with the Barnet Police Station, which was recorded as Case No. 08MIS031027. The police there­upon questioned Mr.......or the respondents.  Writ Petition No.1344 of 2009. Judgment Syed Mahmud Hossain J.- In this appli­cation under Article 102 of the Constitution of the People's Republic of Bangladesh, a Rule Nisi has been issued calling upon the respon­dents to show cause as to why th..

Category: Family Law, Women and Children | Date: 16 Mar, 2009 | Hits: 182

Aysha Begum Vs. State, 2009, 38 CLC (HCD)

....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. ...... DLR (AD) 66; Abdul Majid Sarker Vs. State, 55 DLR (AD) 1. LawyersInvolved: Md. Faruk Hossein with Md. Shakir Hossain, Advocates — For the Appellant. Md. Shohrawardi, Deputy Attorney General — For the State-Respondent. Criminal Appeal No.6945 of 2008 with Miscellaneous Case N...... Miscellaneous Case No. 13454 of 2008 has been preferred by victim Nurun Nahar Auntu under section 498 of the Code of Criminal Procedure seeking anticipatory bail in connection with Narayanganj Model Police Station Case No. 20 dated 26-7-2008 under sections 7/30 of the Nari-o-Shishu Nirjatan Daman A......tim Nurun Nahar Auntu is her daughter. Both she and her husband along with their aforesaid victim daughter had been living at Kuwait. Before 6 months of the occurrence she sent her victim daughter to Bangladesh to her maternal grandmother's house to prosecute her studies by staying with her. At the ..

Category: Women and Children | Date: 12 Mar, 2009 | Hits: 23

Fahima Nasrin Vs. Government of Bangladesh and others, 2009, 38 CLC (HCD)

.... whatsoever in any electronic, print or other media. 41. Let a copy of this judgment and order be communicated to the Ministry of Social Welfare, the Ministry of Women and Children Affairs and the Inspector General of Police. The Registrar, Supreme Court is directed to send a copy of the judgment......tropolitan Police Commissioner, 60 DLR 660; State Vs. Md. Roushan Mondal @ Hashem, 59 DLR 72. Lawyers Involved: Ms. Fahima Nasrin, Advocate-In person. Md. Abdus Samad Kamal, Deputy Attorney General, with Ms. Nowazish Ara Begum, Assistant Attorney General-For the respondents. Mahmudul I...... Cases Referred To- State Vs. Deputy Commissioner, Satkhira 45 DLR 643; Munna Vs. State 7 BLC 409; Hussain Mohammad Ershad Vs. Bangladesh, 2001 BLD (AD) 69 =7 BLC (AD) 67; State Vs. Metropolitan Police Commissioner, 60 DLR 660; State Vs. Md. Roushan Mondal @ Hashem, 59 DLR 72. Lawyers Invol......sion (Special 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. Res..

Category: Women and Children | Date: 11 Feb, 2009 | Hits: 189

A. J. M. Helal & others Vs. Bangladesh and others, 2009, 38 CLC (HCD)

....surrender their respective bail bond within 2 (two) months from date. Communicate this judgment at once. Ed. This Case is also Reported in:  29 BLD (HCD) (2009) 264.   ...... of 2008). Md. Shahajada, Advocate-For the Pe­titioner (In Writ Petition No.3524 of 2008). M. Faruque, Advocate-For the Re­spondent No.3. Md. Abdus Samad Kamal, Deputy Attorney-General-For the Government-Respondents (In all cases) Writ Petition No.3058 of 2008, Writ Petit......surrender their respective bail bond within 2 (two) months from date. Communicate this judgment at once. Ed. This Case is also Reported in:  29 BLD (HCD) (2009) 264.   ......hellip;………………………………………………………Petitioner Vs. Bangladesh and others………………………&hellip..

Category: Corporate Law | Date: 9 Feb, 2009 | Hits: 5

AJM Helal Vs. Bangladesh and others, 2009, 38 CLC (HCD)

....rs are directed to surrender their respective bail bond within 2(two) months from date. Communicate this judgment at once. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 479. ......le Instruments Act was promulgated on 9-2-2006 and the same cannot be applicable retrospectively as those cases were filed prior to the said law came into force. 31. In reply Mr. Deputy Attorney-General relying on the decisions reported in 2 BLC (AD) 87, 8 MLR 404 = 56 DLR 31 and 13 BLC 686 has......rs are directed to surrender their respective bail bond within 2(two) months from date. Communicate this judgment at once. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 479. ...... Court High Court Division (Special Original Jurisdiction) Present: Md. Imman Ali J Sheikh Abdul Awal J AJM Helal…………....................Petitioner Vs. Bangladesh and others.........Respondents Judgment February 9, 2009. Result: The..

Category: Civil Law | Date: 9 Feb, 2009 | Hits: 45

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

....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.         ......graph 77. Lawyers Involved: Moinul Hosein with Md. Shamim Ul-Alam, Hasan M. S. Azim and A. K. M. Zahirul Haque, Advocate- For the Peti­tioner. Md. Iqbal Hossain, Assistant Attorney General- For Re­spondents No.3. Writ Petition No. 2438 of 2004. Judgment A.F.M. A......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.         ......wdhury J Sontosh Kumar Shaha…………………………………………Petitioner Vs. Government of Bangladesh and others………………Respondents Judgment ..

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