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

....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. ......low from construing it in one way or the other………………………..(16) The Anti-Corruption Commission Rules, 2007; Rule 10 The Criminal Law Amendment Act, 1958 (Act No. XL of 1958); section 6A Since consequence has not been given u......Mobin, Deputy Attorney-General with Syed Md. Jabed Parvez, Assistant Attorney-General — For the State. Md. Khurshid Alam Khan, Advocate — For the ACC Opposite Party No. 2. Civil Order No. 11212 of 2008. Judgment Md. Anwarul Haque J. - The Rule was issued, at the insta..

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: ......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: ..

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

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. ......mat Ali (Retired) Vs. Government of Bangladesh, 47 DLR (AD) 1; Bangladesh Vs. Md. Abdur Rab, 33 DLR (AD) 143; Yeahia Khan Vs. Government of Bangladesh, Writ Petition No. 5284 of 2004 (unreported). Lawyers Involved: Munsurul Hoque Chowdhury with Md. Yousuf Ali, Advocates — for the petitioner....... in person and thereafter, if the BDR authority decides to impose punishment, it can impose punishment. The provision of section 6 of the said Ordinance is reproduced below: "Section 6 of the said Order, 1976. Inquiry:- (1) When a member is to be proceeded against any of the offences mentioned..

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। ......্কে তাহাদের প্রতিবেদন দাখিল করিবেন। বিচারপতি মোঃ আবু তারিক.- আমি একমত। ......্কে তাহাদের প্রতিবেদন দাখিল করিবেন। বিচারপতি মোঃ আবু তারিক.- আমি একমত। ..

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

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. ......mat Setara Begum..........Petitioner Vs. Al-Arafah Islami Bank Ltd. and others.............Respondents Judgment November 11, 2008. Result: The Rule is discharged. Lawyers Involved: A.R.M. Shahidul Islam, Advocate - For the petitioner Kazi Md. Nurul A......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. ......s made absolute without any 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, Advo......hat, he was appointed as Security Supervisor of Bangladesh Water Development Board by the office order dated 27-4-1981. Thereafter, he was promoted to the post of Zonal Intelligence Officer by Office Order dated 8-2-1986. While he was serving in that capacity with full satisfaction of all concerned ..

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. ......03 as a whole, it is obvious that the intention of the legislature is also to protect the right of the substituted heirs of mortgagor and guarantor……………………………………(18) Lawyers Involved: Hasan Foez Siddique, Advocate — For the Petitioner. No one appears —......ule is opposed by the respondent No. 2, Sonali Bank by filing affidavit-in-opposition, stating that the Sonali Bank Limited was established under the Provisions of Bangladesh Bank's (Nationalisation) Order, 1972 (President's Order No. 26 of 1972) in order to perform functions as prescribed in the sa..

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. ......wed. Even though the charge sheet was submitted, the charge was not framed and the completion of the trial is not likely to be soon. In such cases, bail can be granted ………….(8) Lawyers Involved: SK Rezaul Islam, Advocate — For the Appellant. Sved Md. Jabed Parvez, Ass...... 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

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. ......r(s) …………Defendants Judgment October 26, 2008. Result: The Applications are dismissed. Cases Referred to- "The Fanti" and " The Padre Island', [1990] 2 Lloyd's Law Report, 191; Imperial Bank Vs. London and St Katherine Docks Company, [1877] 5 Ch. D 195, 200; ...... 1 and 2. Admiralty suit Nos. 9 of 2006 with 2 of 2007. Judgment Syed Refaat Ahmed J. - These are two Applications filed on behalf of the defendant Nos. 1 and 2 in both cases under Order I, rule 10 (2) of the Code of Civil Procedure ("Code") for striking out the names of the defe..

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. ......of Bangladesh and others………............Respondents Judgment August 20, 2008. Result: The Rule is made absolute. Case Referred to- Abdul Abedin Abdul Vs. State, 53 DLR 109. Lawyers Involved: AM Mahbub Uddin, Advocate - For the Petitioner.  Razik-al-Jalil, Deputy......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. ..

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. ......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 Alam, 45 DLR 578. Lawyers Involved Zainul Abedin with SM Mahbubul Islam, Advocates — For the Petitioner. K...... 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. ..

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)

....or DNA test. The Nari-O-Shishu Nirjatan Case pending in the Court below shall proceed as usual.  Farid Ahmed J.- I agree.  This Case is also Reported in: 61 DLR (HCD) (2009) 371. ......ngladesh, 2001 BLD (AD) 69, Apparel Export Promotion Council v. Chopra, AIR 1999 SC 625, Marggarate Maria Pulparampil Nee Feldman Vs. Dr. Chacko Pulparampil and Others, AIR 1970 Kerala (FB).  Lawyers Involved:  Mrs. Fawzia Karim Firoze with Mrs. Rebaka Sultan and Mrs. Sathi Shajahan-......or DNA test. The Nari-O-Shishu Nirjatan Case pending in the Court below shall proceed as usual.  Farid Ahmed J.- I agree.  This Case is also Reported in: 61 DLR (HCD) (2009) 371. ..

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. ......uhith Vs. Social Investment Bank Limited, 54 DLR 306; 19 DLR 735; 20 DLR (SC) 335; 28 DLR (SC) 102; 44 DLR 452; AIR 1936 Allahabad, (Full Bench) 830; 79 Company Cases 830; AIR 1947 Madras 322. Lawyers Involved: Nasim Khan, Advocate — For the Petitioner. Shafique Ahmed, Mahbub S......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

Idrisur Rahman (Md) Vs. Bangladesh, 2008, 37 CLC (HCD)

....e involves substantial questions of law as to the interpretation of the Constitution, which may be decided by the Appellate Division. Ed. This Case is also Reported in: 60 DLR (2008) 714. ......ection Tribunal, Sylhet, 1981 BLD 132; Sargodha Bhera Bus Service Ltd. vs. Province of West Pakistan 11 DLR (SC) 285; Supreme Court Advocates-on-Record Association vs. Union of India AIR 268 SC. Lawyers Involved: M Amir-ul-Islam, with Dr Shahdeen Malik and Idrisur Rahman, Advocates—F......'ble Chief Justice by his order dated 18-6-08 constituted this Bench for hearing and disposal of the Rule. On 30-6-2008 when the Rule came up for hearing/ we issued a notice as contemplated under Order XXVIIA of the Code of Civil Procedure to the Attorney-General to appear and assist the Court i..

Category: Constitutional Law | Date: 7 Aug, 2008 | Hits: 236

Mohammad Nasim Vs. State and another, 2008, 37 CLC (HCD)

....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. ......utory period of 90 days for disposal of the appeal..............................(13 & 14) Case Referred to- A.C.C. Vs. Barrister Mir Md. Helaluddin and another, 60 DLR (AD) 57. Lawyers Involved: M. Amirul Islam with Shafique Ahmed, M. Enayetur Rahim, Nurul Islam, Advocat......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

S.M. Mohiuddin Hossain Vs. Jalalabad Co-Operative Housing Society Limited and others, 2008, 37 CLC (HCD)

.... time of issuance of the rule is hereby vacated. The lower courts record be sent down at once with a copy of the judgment. Ed. This Case is also Reported in: 29 BLD (HCD) (2009) 135. ......rker and oth­ers Vs. Sree Sukhendu Bikash Biswas arid others, 17 BLD (AD) 58; Hussain Ahmed Chowdhury alias Ahmed Hossain Chowdhury and others Vs. Md. Nurul Amin and others, 47 DLR (AD) 162. Lawyers Involved: Momotazuddin Ahmed with Md. Abu Taleb-For the Plaintiff-Respondent-Petitioner...... appellate court while re­versing the judgment of the trial court is re­quired to reverse the material findings of the trial court with reference to the material evi­dence on record under Order-41, Rule-31 but in the instant suit the lower appellate court without referring the evidence o..

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. ......er this Act. for this reason, an application for quashing the proceedings are not the cor­rect exposition of law. Case Referred to- Kali Pada Sana Vs. The State, 1985 BLD (AD) 278. Lawyers Involved: Md. Fakhar Uddin, Advocate - For the accused-petitioners.  Helaludd......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. ..

Category: Criminal Law | Date: 31 Jul, 2008 | Hits: 92

Motahera Begum and others Vs. Abdul Monaf and others, 2008, 37 CLC (HCD)

....ule is discharged without and order as to the costs. Lower Courts record be sent down at once with a copy of the judgment. Ed. This Case is also Reported in: 29 BLD (HCD) (2009) 402. ......, 21 B.L.D.(H.C) 14; Khurshid Ali and others Vs. Noorjahan Bewa and oth­ers, 15 B.L.D. (A.D) 82; Hazari Bala Sana and another Vs. Niron alias Nironjan Mondal and others, 17 B.L.D. (A.D) 295. Lawyers Involved: Golam Rabbani with Ruhul Bari Sharif- For the Plaintiff-Respondent-Petitioner......and illegal and as such liable to be interfered by this court. The learned Counsel finally sub­mits that the lower appellate court without taking into consideration of the legal provi­sion of Order-XLI, Rule-31 came to wrong and erroneous finding and acted illegally in reversing the judgment..

Category: Property Law | Date: 30 Jul, 2008 | Hits: 2

Md. Karamot Ali Alias Rafique Alias Rafiqul Islam Vs. The State, 2008, 37 CLC (HCD)

....tion with any other case. 24. Send down LCR along with a copy of the judgment at once. Ed. This Case is also Reported in: 29 BLD (HCD) (2009) 250.       ......hellip;……State Judgment July 30, 2008. Result: The Rule is discharged. Case Referred to- Md. Jahangir Alam alias Zakir Vs. The State, 10 MLR (AD) 335. Lawyers Involved: Hasan Foez Siddique with Md. Kabirul Islam, Advocates- For the Accused Petiti......tion with any other case. 24. Send down LCR along with a copy of the judgment at once. Ed. This Case is also Reported in: 29 BLD (HCD) (2009) 250.       ..

Category: Criminal Law | Date: 30 Jul, 2008 | Hits: 5

State Vs. Metropolitan Police Commissioner, Khulna and others, 2008, 37 CLC (HCD)

....y the Department of Social Services.  With the above observations and directions the Rule is disposed of. Md. Emdadul Huq J. - I agree. This Case is also Reported in: 60 DLR (HCD) 660. ...... Liberties Vs. Union of India, 1997 SCC (Cri) 434; Minister for Immigration and Ethnic Affairs Vs. Teoh, (1995) 69 LJ 423, Hussain Muhammad Ershad Vs. Bangladesh 2001 BLD (AD)69=7 BLC (AD)67. Lawyers Involved: Ms. Fahima Nasrin, Advocate with Ms. Habibunnesa, Advocate-For Arifa. Joynul......y the Department of Social Services.  With the above observations and directions the Rule is disposed of. Md. Emdadul Huq J. - I agree. This Case is also Reported in: 60 DLR (HCD) 660. ..

Category: Women and Children | Date: 22 Jul, 2008 | Hits: 147