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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.         ......er and the said file was placed before the honorable Chief Justice who accorded his approval by endorsing his opinion হ্যাঁ at the bottom of the note sheet dated 27.8.2000. 12. Now the question arose whether the aforesaid approval of the Hon'ble Chief Jus­tice of Bangladesh by......able members of the General Administration Committee wrongly considered the said circu­lar which is not effective in the case of the petitioner. 36. Upon meticulous examination of the entire facts and circumstances in respect of suspension, initiation of departmental pro­ceeding along w..

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.   ......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.   ......২/বগ-২/২০০২/৭৯৬ dated 24.7.2007 (Annexure-F) issued by respondent No.4 should not be declared to have been passed without lawful authority and is of no legal effect. 2. The facts of the case, so far as are rele­vant for disposal of this Rule, are that the petitioners a..

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)

....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.   ...... Nos.6 and 7 and a supplementary Rule Nisi was issued upon them. On 19.1.2009, Dr. Khondoker Md. Abu Zalal filed an application for addition of party and that application was allowed too. 3. The facts leading to the issuance of the Rule Nisi, in brief, are: 4. The writ petition was filed b..

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)

....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. ......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. ......learned District Judge was well founded in dismissing the appeal of the petitioner upon purported rejection of the prayer for condo nation of delay. 24. In order to dispose of such issue, the facts that are relevant, in brief, are that the petitioner on 24-4-08 presented the aforesaid appea..

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. ......e "applicability of the limitation has not been mentioned in the said circular. It appears that the realized amount is a deposit and in the lawful custody of the Port Authority and, as such, the question of limitation relating to refund under rule 70 of the Jetty Rules does not arise at all and......l Karim J. - The Appeal, by leave, is directed against the judgment and order dated 24-2-1997 passed by the High Court Division in Writ Petition No.2595 of 1990 dis­charging the Rule. 2. The facts of the case, in short, are that respondent, Chittagong Port Authority and other Shipping Agent..

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. ......eard the learned Counsels for both the sides at length and perused the petition, FIR, charge sheet, impugned order of sanction and other annexure appended to the petition carefully. 13. The moot question that falls for consideration before this Division in this writ petition is, whether the ini...... 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)

.... 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. ......icial for the Petitioner No.1 transferee ‘cestui que trust’. That principle would equally inure to the benefit of Mariam Ispahani as the transferee of 3,000 ordinary shares from MAHI. The question that now remains is whether in the facts and circumstances of this case in general, and wha......rteen years later by this Court under circumstances where it now falls under the purview of Section 43 of the Companies Act, 1994 (“the Act”). 2. This Matter arises in the context of facts and issues pertaining to the Respondent No.1 M.M. Ispahani Ltd. (“the Company”) th..

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

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.  ......y, Alhaj Mohammad Abul Kashem, Abu Saleh Chowdhury, Md. Kabirul Islam and Anowarul Islam Khan and others respectively are heard together and disposed of by the same judgment as they involved common question of law. 2. In all these writ petitions, Rule was issued calling upon the respondents......td. 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 facts necessary for the disposal of the Rules, in brief, are that the petitioners are engaged with ..

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. ......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. ......peril and this appellant though knew the fate of the victim girl, took that opportunity of free consent and mixing which does not fall within the purview of any legal action. Considering all these facts and circumstances of this case we find that the charge brought against the convict-appellant ..

Category: Women and Children | Date: 23 Nov, 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. ......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 judgment and order dated 30.04.2000 passed by the learned Senior Assistant Judge, Munshiganj, in Pre-emption Miscellaneous Case No.35 of 1999 allowing the said Mis­cellaneous Case. 2. The facts involved for disposal of the rule are as follows: The opposite party No.1 as petitioner f..

Category: Property Law | Date: 20 Nov, 2008 | Hits: 2

Habibur Rahman Molla Vs. State, 2008, 37 CLC (HCD)

....tried." 8. In support of it the learned Advocate has also referred another decision of a case Wadud Vs. State reported in 48 DLR (AD) 6 where their Lordships of our Apex Court have given an identical view referred to above. 9. The learned Advocate appearing on behalf of the ACC furthe......g on behalf of the ACC further goes to point out that the sanction as required under section 32(1) of the Anti-Corruption Commission Ain, 2004 has been duly obtained in the present case and, as such, question of "mechanical sanction" as alleged by the accused petitioner does not, at all, a......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 3-10-2007 one Syed Ahmed, Assistan..

Category: Anti-Corruption Laws | Date: 20 Nov, 2008 | Hits: 157

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

....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. ......e 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 the similar question making the Rule absolute. The learned Senior Counsel Mr. Munsurul Hoque Chowdhury while tak......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. ..

Category: Employment/Service Law | Date: 18 Nov, 2008 | Hits: 33

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

....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. ......dvanced 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 consideration whether the impugned order dated 24-08-2006 was passed in accordan...... 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-Arafa Islami Bank Ltd. Moulvi ..

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. ...... 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 Supervisor of Bangladesh ..

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)

....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. ......missions. 13. Admittedly, at the time of institution of the suit the petitioner was not impleaded as a party. He is the son of defendant No. 2 Halima Begum, who was the mortgagor of the land in question. After the death of mortgagor Halima Khatun, the petitioner was imp leaded as defendant No.......ri, 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, Sonali Bank, Rajbari Branch ..

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

United Edible Oils Ltd. Vs. London Steam Ship Owners' Mutual Insurance Association Ltd. and other(s), 2008, 37 CLC (HCD)

....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. ......ure to highlight the distinctive features and dynamics of the workings of P&I clubs in general as succinctly encapsulated in the following observations of Lord Brandon of Oakbrook; "The question arises in this way. It is the long established practice of ship owners to enter their ship...... pertaining to the right acquired by third parties against a P&I club under a contract of indemnity between the P&I club and their members and that the application of that decision to these facts and circumstances is at best misconceived. It is evident that in The "Fantail" and the "Padr..

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)

....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. ......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. ...... Noakhali District Jail should not be brought before this Court so that this Court may satisfy itself that he is not being held in custody without lawful authority or in an unlawful manner. 2. The facts leading to the issuance of the Rule, in brief, are: The petitioner is the wife of the deten..

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. ...... 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. ......force in the submission of Mr. Zainul Abedin, the learned Advocate for the petitioner. The decisions cited by the learned Assistant Attorney-General for the opposite party are distinguishable on facts. 11. In view of the discussions made above, we are constrained to hold that the continuat..

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

Bangladesh Jatiyo Mahila Ainjibi Samity (BJMAS) Vs. Ministry of Home Affairs and Others, 2008, 37 CLC (HCD)

....iological siblings.  Y-CHROMOSOME ANALYSIS  The genetic material in humans is arranged into 46 chromosomes, grouped themselves into 23 pairs. In 22 pairs, both members are essentially identical, known as authosomes. The 23rd pair is different. In females this pair has two like chromo......ivision should recall and vacate its order so far as it relates to DNA test in Singapore. There is no allegation that the children were brought from any other place or from any person and as such the question of trafficking or keeping those children illegally for immoral purpose was absolutely witho......ed on Mrs. Anwara Rahman, added respondent No. 6 who also appeared by filing a vokalatnama and affidavit-in-opposition before this Court. After that, the Rule Nisi was heard on merit.  3. The facts leading to the issuance of the Rule, in brief, are:  The Bangladesh Jatiyo Mohila Ainj..

Category: Women and Children | Date: 14 Aug, 2008 | Hits: 201

AKM Kamruzzaman Khan Vs. Registrar, Joint Stock Companies and Firms Dhaka and 6 others, 2008, 37 CLC (HCD)

....to him under the provision of section 193 of the Companies Act, 1994. However, there shall be no order as to cost. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 226. ......eme Court as provided in section 2(d) of the Companies Act, 1994. The provision of section 193 has not conferred any jurisdiction upon the Company Bench of the High Court Division to adjudicate any question arising out of  to exercise power under the provision of section 193. Section 2(d) o......to him under the provision of section 193 of the Companies Act, 1994. However, there shall be no order as to cost. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 226. ..

Category: Company Law | Date: 12 Aug, 2008 | Hits: 18