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

....ted. 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. ......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. ......, 2007 pending in the Court of Special Judge, Court No. 10, 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 fo......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)]

....গণ রায় প্রদানঃ নভেম্বর ১৮,২০০৮ Medical Council Act, 1973 Medical and Dental Council Act, 1980 (Act XVI of 1980)  Bangladesh Civil Service Recruitment Rules, 1981 উপরোক্ত আইনের প্রস......রতিবেদন দাখিল করিবেন। বিচারপতি মোঃ আবু তারিক.-আমি একমত। Ed. This Case is also Reported in: ......hout lawful authority and to be of no legal effect as being 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 t......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)

....rder as to costs. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 485. ......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. ...... Abdur Rahman J. - This Rule Nisi, dated 22-6-2003, issued at the instance of the writ petitioner Md. Abdul Hai, has called upon the respondent Bangladesh Rifles authority to show cause as to why the order dated 1-10-2001, disclosed in Annexure- C, issued by the respondent No.4 and the order dated 3......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

Professor Dr. A.F.M. Ruhul Hoque and others Vs. Bangladesh and others, 2008, 37 CLC (HCD)

.... ৭-৭-২০০৫ তারিখের এস.আর.ও. নং ২১১-আইন/২০০৫-সম(বিধি-৫)-৩১/০৪ এর প্রজ্ঞাপন মারফৎ Bangladesh Civil Service Recruitment Rules, 1981 এর সংশোধনীর মাধ্যমে ......্কে তাহাদের প্রতিবেদন দাখিল করিবেন। বিচারপতি মোঃ আবু তারিক.- আমি একমত। ......hout lawful authority and to be of no legal effect as being 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 t......্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)

.... Writ Petition No.9097 of 2006. Judgment Syed Md. Ziaul Karim J.- This Rule Nisi was issued, on an application under Article 102 of the Constitution of the People's Republic of Bangladesh, calling upon the respondents to show cause as to why the impugned order dated 24-08-2006 (An......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. ......rim J.- This Rule Nisi was issued, on an application under Article 102 of the Constitution of the People's Republic of Bangladesh, calling upon the respondents to show cause as to why the impugned order dated 24-08-2006 (Annexure-E to the writ petition) passed by the Artho Rin Adalat no.4, Dhaka......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)

....vice Rules. 1982. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 689. ...... For determining and fixing quota for appointment and promotion of Class 1 and 2 posts and also qualification for appointment of the said post a schedule (13 pages) was approved by the Board as an ad-interim arrangement and in serial No.72 of the said schedule educational qualification of the Depart......ioner Vs. Government of the People's Republic of Bangladesh and others………………………Respondents Judgment November 9, 2008. Result: The Rule is made absolute without any order as to cost. Cases Referred to-  Abdur Razzaque Zoarder Vs. Government of Bangladesh......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. ..

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)

....Md.) alias Babu ……………. Petitioner Vs. Artha Rin Adalat No. 1 Rajbari and others………………..Respondents Judgment November 5, 2008. Result: The Rule is made absolute without any order as to cost. The Artha Rin Adalat Ain, 2003 (Act No. VIII of 2003......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. ......……. Petitioner Vs. Artha Rin Adalat No. 1 Rajbari and others………………..Respondents Judgment November 5, 2008. Result: The Rule is made absolute without any order as to cost. The Artha Rin Adalat Ain, 2003 (Act No. VIII of 2003) Whether the prov......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)

....Case is also Reported in: 61 DLR (HCD) (2009) 807. ......rs we are inclined to grant bail to the accused appellant. 9. In the result, this appeal is allowed. Let the accused-appellant Md. Ziad Ali Gazi, son of late Shariatullah Gazi, be enlarged on ad interim bail to the satisfaction of the Special Tribunal No. 3, Satkhira before whom the case is pen...... Sved Md. Jabed Parvez, Assistant Attorney General — For the State Respondent. Criminal Appeal No. 5204 of 2008. Judgment Tariq-ul-Hakim J. - This appeal is directed against the order dated 24-7-2008 passed by the learned Judge, Special Tribunal No. 3, Satkhira in Special Tribu...... 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)

....urance Association Ltd. and other(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 Co......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. ......ame 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 claims made. It is at this juncture t......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. ..

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)

....me Court 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 ......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. ......he 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 Magis­trate, Noakhali. The detenu has since been confined in ......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)

....Ayub Ali alias Mukul ……………..Accused Petitioner Vs. State ……………….......................Opposite Party Judgment August 14, 2008. Result: The Rule is made absolute. At the time of taking loan no promise as to return of money within a specified...... 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. ......2006 for discharge. The Trial Magistrate upon hearing the parties framed charge against the accused-petitioner in rejecting the application under section 241A of the Code of Criminal Procedure by his order dated 5-11-2006. 5. The accused-petitioner being aggrieved and dissatisfied with the proc...... 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)

....sp;61 DLR (HCD) (2009) 371. ......on of the Court. It was further directed that respondent No. 4 would allow a visit by the petitioner to the seven children, through its representatives composed of two members once in a week. Another interim order relating to DNA test was passed on that date, which we will consider in the body of th......n a single instance of pregnancy a serious doubt was created about their parenthood in the mind of the general public. It was alleged that the DIG’s wife used to procure children of various ages in order to traffic them out of the country as gathered from various newspapers. Meanwhile, the news re......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)

....s Case is also Reported in: 61 DLR (HCD) (2009) 226. ......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. ......rising out of  to exercise power under the provision of section 193. Section 2(d) of the Companies Act, 1994, which conferred power upon the Company Bench, has categorically provided that in order to exercise power in respect of adjudicating any dispute respecting any company express and 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)

....hid J Nazmun Ara Sultana J Md. Ashfaqul Islam J Idrisur Rahman (Md)……………………………Petitioner Vs. Bangladesh……………………………&hellip...... containing talks, speeches and writings of eminent jurists and judges on the appointment of judges in different nations. 66. Mr. Abdul Matin Khasru submitted that the Caretaker Government is an interim government meaning that they cannot do what an elected government can do. They will perform ......2008) hereinafter referred to as the Ordinance should not be declared to be void being ultra vires of Articles 7, 22, 94, 111 and 112 of the Constitution. 2. The Hon'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 t......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. ..

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

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

....in: 28 BLD (HCD) (2008) 483. ......t ends of justice would be met if the accused-appellant be enlarged on bail. 15. In the result, the application for bail is allowed. Let the accused-appellant Mohammad Nasim be enlarged on ad-interim bail for a period of 4(four) months to the sat­isfaction of the learned Chief Metropolitan......Muzammel Hossain J.- This is an application for bail on behalf of the accused-appellant-Mohammad Nasim. 2. The accused-appellant preferred the instant appeal against the impugned judgment and order dated 08.10.2007 passed by the learned Special Judge, Special Court No.1, Dhaka in Special Ca......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)

....ion) Present: Syed Abu Kowser Md. Dabirush-Shan J S.M. Mohiuddin Hossain…………………………Petitioner Vs. Jalalabad Co-Operative Housing Society Limited and others………….Opposite Parties ...... 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. ......tiff has been in exclusive possession and the name of the plaintiff has been mutated by separating the jama in Mutation Case No.2649/1991-92 and his name was also re­corded in the B.S. Khatian by order dated 09.06.1992. The plaintiff for his exclusive use constructed the boundary walls in all si...... 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. ..

Category: Civil Law, Property Law | Date: 5 Aug, 2008 | Hits: 4

Md. Mafizur Rahman Tutu and others Vs. State, 2008, 37 CLC (HCD)

....this Act will not override by any provisions under 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 - ......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. ......e under this Act by the Police. He adds that the first information report clearly discloses the offence under section 22(ga) of the Act. So the proceedings cannot be quashed at this stage. 7. In order to appreciate the submissions advanced by the learned Counsel's, we have gone through the ......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)

....o.110 of Mouza-Kaligonj, Police Station-Moheshkhali, District-Cox's Bazar stat­ing in a nut shell that the suit jote belonged to Zaminder Khirod Chandra Roy and others under whom Sahar Ali, Asad Ali Mia were the rioty tenants. The R.S. Khatian was pre­pared in their names finally Sahar A......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. ......g been concluded on finding of facts as such no inter­ference is called for in revision under Section 115(1) of the Code of Civil Procedure. In the result, the rule is discharged without and order as to the costs. Lower Courts record be sent down at once with a copy of the judgment. ......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. ..

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

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

....974 and sentencing him thereunder to suffer imprisonment for 7 years and to pay a fine of Taka 5000/- in de­fault, to suffer imprisonment for 6 months more should not be quashed. 2. Events leading to issuance of this Rule, in short, are that one Obaidur Rahman, Sub-Inspector, in charge of K......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.       ...... Code of Criminal Procedure was issued at the instance 6f convict petitioner Md. Karamot Ali alias Rafique alias Rafiqul Islam calling upon the opposite party to show cause as to why the judgment and order dated 22.10.2006 passed by the learned Judge of the Special Tribunal No.1, Kushtia in Special ......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)

.... Md. Emdadul Huq J. - I agree. This Case is also Reported in: 60 DLR (HCD) 660. ......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. ......n accordance with section 66 of the Children Act, 1974 (the Act, 1974). In due course we received a further report from the CMM under Memo No. KMM-113/08-488 dated 12.06.2008 along with copies of the order sheet of G.R. No. 559/2008, deposition of witnesses examined by him in the course of the inqui......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