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

....te appearing for the petitioner in Writ Petition No.8333 of 2008 has submitted that the learned Additional Sessions Judge miserably failed to consider the defence case that the blank cheque and other goods were forcibly taken away from the accused about 2 (two) months before filing of the petition o......y provision of section 138A of the Act. The learned Advocate further submits that the learned Metropolitan Additional Sessions Judge, 1st Court, Chittagong on consideration of the entire materials on record rightly found the petitioner guilty under section 138 of the Act and sentenced him thereunder......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.   ..

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

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

....e appearing for the petitioner in Writ Petition No. 8333 of 2008 has submitted that the learned Additional Sessions Judge miserably failed to consider the defense case that the blank cheque and other goods were forcibly taken away from the accused about 2(two) months before filing of the petition of......y provision of section 138A of the Act. The learned Advocate further submits that the learned Metropolitan Additional Sessions Judge, 1st Court, Chittagong on consideration of the entire materials on record rightly found the petitioner guilty under section 138 of the Act and sentenced him there unde......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. ..

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

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

....ply the principle as distin­guished from the technical provisions of the Code of Civil Procedure to meet the exigencies of the situation in appropriate cases on the ground of Justice, enquiry and good conscience. In what situations the principles of the Code of Civil Proce­dure will be appli......ause notice upon the petitioner on 20.11.2003. Challenging the same the petitioner preferred Writ Petition No.7316 of 2003 and their Lordships in the High Court Division on motion hearing, called for record from the Respondent No.2, Registrar, Bangladesh Supreme Court to have a clarification on the ......e BCS examination, held in the year 1985, and was posted at Bogra on 30.1.1988. The subordinate judiciary is controlled by the Ministry of Law, government of Bangladesh. After his confirmation in the service and wonderful performance in discharging duties, he was posted as Senior Assistant Judge on ..

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)

....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.   ......No.1. 7. It is clear and admitted that the project in which the petitioners were engaged came to an end in the year 2001 and as a result 41 per­sons became displaced. It is apparent from the record that six persons were transferred to the revenue budget soon after the conclusion of the proj......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.   ..

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)

....nu again became scared apprehending that the respondents would pre­vent her from returning to the UK. She then booked a seat on another Emirates flight and decided to visit respondent No.2 to say good­bye on her way back to the U.K. The detenu's relationship with her parents had been inc......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.   ......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.   ..

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

Tashin Ali (Md.) Vs. Md. Shamsul Hoque and others, 2009, 38 CLC (HCD)

....ent of the Courts below are hereby affirmed. The order of stay passed earlier is hereby vacat­ed. Send down the LC records. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 220. ......ion. 4. The present petitioner as pre-emptee con­tested the case by filing written statement denying the material allegation in the pre-emption case alleg­ing, inter alia, that the case jote was recorded in the CS Khatian No.73 in the name of Genda Sheikh, Kadir Mahmood Sarker, Abdul Sheikh and......ent of the Courts below are hereby affirmed. The order of stay passed earlier is hereby vacat­ed. Send down the LC records. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 220. ..

Category: Property Law | Date: 15 Jan, 2009 | Hits: 38

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

....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. ......on extraneous consideration which resulted in an error occasioning failure of justice. 20. Mr. TH Khan, learned Senior Advocate for said opposite parties on the other hand, took me through the record of long protracted litigations they had to face after the decree passed in Title Suit No. 4......eity. No summons of the suit was ever served upon the deity. 7. Upon registration of the appeal and receipt of the application for condo nation of delay, the appellate Court issued notice for service upon aforesaid opposite parties. In pursuance thereof, the opposite parties appeared and op..

Category: Hindu Law | Date: 18 Dec, 2008 | Hits: 22

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

....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. ......d by the High Court Division which warrants interference with by this Division under Article 13 of the Constitution, therefore, the appeal is liable to be dismissed. 7.  It appears from the record that upon representation by the ships agents, Chittagong Port Authority agreed that as their ......;charging the Rule. 2. The facts of the case, in short, are that respondent, Chittagong Port Authority and other Shipping Agents realized crane charges from the appellant without providing crane services. The appellant paid the sum of 5,63,685.31 paisa between 17-4-1982 to 30-4-1995, both days ..

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

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

.... 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. ......ase to the Court of Metropolitan Special Judge, Dhaka who subsequently transferred the case to the Special Judge Court No. 6, Sher-e-Bangla Nagar, Dhaka for holding trial. After receiving of the case record the said Court took cognizance of the case under sections 26(2) and 27(1) of the ACC Act, 200...... 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. ..

Category: Anti-Corruption Laws | Date: 4 Dec, 2008 | Hits: 149

MM Ali Ispahani Vs. MM Ispahani Ltd., 2008, 37 CLC (HCD)

....es in October 1971 against the backdrop of a fairly unsettled political scenario evidenced in 1971 and directly affecting the Petitioners and the Respondents albeit under a façade of trust and goodwill as well as deference to the wishes and actions of the Three Patriarchs during their lifetim......ef Accountant in Chittagong, and as copied amongst others to the Petitioner No.1, as attesting to the currency of that situation at the time (Exhibit- ‘20’). Copies of the Company’s records as made available to the Petitioner No. 1 upon his request now revealed in particular that o...... 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

Dewan Joynal Abedin Vs. Husen Ahmed Khan and others, 2008, 37 CLC (HCD)

.... maintainable. I find no merit in this Rule. In the result, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 139. ......ice to 7th February, 2008, on which date, as the petitioner did not appear, the appeal was dismissed for default by the impugned order. The learned District Judge observed that after arrival of the record, the order was shown to the learned Advocate for the petitioner on 13th November, 2007 intim...... maintainable. I find no merit in this Rule. In the result, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 139. ..

Category: Property Law | Date: 2 Dec, 2008 | Hits: 7

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

....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. ......d and others, reported in 2 BLC-73. 5. Sheikh Muhd. Serajul Islam, the learned advocate for the opposite parties sub­mitted that the courts below on elaborate dis­cussion of materials on record, sifting the statements of the witnesses of both sides and on proper explanation of municipal......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)

....the stage of trial when sanctioning authority comes forward as prosecution witness to up port the sanction order, if challenged during course of trial. The instant case is now at that stage the where good number of witnesses have been examined, and cross-examined, as such we do not find any urge to ......riminal proceeding under section 561A of the Code cannot be also entertained after the lapse 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; Banglad......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. ..

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)]

....রতিবেদন দাখিল করিবেন। বিচারপতি মোঃ আবু তারিক.-আমি একমত। Ed. This Case is also Reported in: ......nd Mr. Md. Bodruddoza the learned Advocate appearing for respondent No.5 opposed the prayer for stay. Let the power filed by Mr. Md. Bodruddoza on behalf of the respondent no. 5 be kept with the record. The Rule is made returnable within 6(six) weeks.” ৪. প্রতীয়ম...... হইতেই International Code of Medical Ethics অন্যান্য নীতিসহ ঘোষনা করিয়াছে: i) I solemnly pledge myself to consecrate myself to the service of humanity; ii) The health of my patient will be my first consideration. ১৪. ..

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

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

.... served in various stations of the BDR and appeared in all the departmental examinations to obtain a promotion to the post of Lance Naik, he, having obtained high standard of professionalism and also good performance certificate and good name from the BDR authorities. While the writ petitioner was p......Chief Law Officer of the country, the learned Attorney-General, Mr. Md. Salahuddin Ahmed argued on behalf of the State. 6. By a supplementary affidavit, the writ petitioner has brought the fact on record that in a previous Writ Petition No. 749 of 1994 a Division Bench of this Court has decided t......-10-2001 informing him that he has been made চাকুরি থেকে বহিস্কার signed by the Sector Commander, Bangladesh Riffles, Rangpur, Respondent No.4 discharging him from service purported to be under Section 8 of the Bangladesh Rifles (Special Provisions) Ordinance 1976..

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)

....্কে তাহাদের প্রতিবেদন দাখিল করিবেন। বিচারপতি মোঃ আবু তারিক.- আমি একমত। ......nd Mr. Md. Bodruddoza the learned Advocate appearing for respondent No.5 opposed the prayer for stay. Let the power filed by Mr. Md. Bodruddoza on behalf of the respondent no. 5 be kept with the record. The Rule is made returnable within 6(six) weeks.” ৪. প্রতীয়মা...... হইতেই International Code of Medical Ethics অন্যান্য নীতিসহ ঘোষনা করিয়াছে: i) I solemnly pledge myself to consecrate myself to the service of humanity; ii) The health of my patient will be my first consideration. ১৪. ..

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

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

....ition of law. Therefore, the same stands rejected as having been devoid of any substance. On the contrary the submissions advanced by the learned Counsel for the bank prevails and appears to have a good deal of force. 15. Having considered the facts and circumstances of the case and foregoi......nt nos. 2-3 to oppose the Rule. 11. In order to appreciate the submissions advanced by the learned Counsels we have gone through the writ petition, affidavit-in-opposition, other materials on record and given our anxious consideration to their submissions, 12. Now the question calls for......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. ..

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)

....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. ......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. ......m 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 applicable to his service. 2. The short facts of the case of the petitioner, is that, he was appointed as Security Sup..

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)

....ion of law and, as such, the same stands rejected as having been devoid of any substance. On the contrary the legal plea taken by the learned Counsel for the petitioner prevails and appears to have a good deal of force. 20. Having considered the facts and circumstances of the case and foregoing......the suit mortgagor Halima Begum died, and the petitioner was added as defendant No. 4 as heir of Halima Begum, at the instance of the bank. The suit was decreed expert on consideration of evidence on record. When the petitioner failed to pay the decretal dues within sixty days, then the bank institu......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. ..

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

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

....ellant is totally innocent and he has been falsely implicated in this case and that the incriminating articles were not recovered from his house or in his possession. He further submits that the said goods were found in a place which was under the control or possession of said Kohinoor Begum who has......Mohammad Jabed Parvez, learned Assistant Attorney-General, opposes the prayer for bail. 7. Heard the learned Advocates, perused the FIR, the charge sheet, the seizure list and other materials on record. 8. It appears that although charge sheet has been submitted but charge has not yet been...... 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. ..

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