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Nazimuddin (Md.) Chairman Vs. Government of Bangladesh, 2008, 37 CLC (HCD)
....th Rule 15 of the Emergency Power Rules, 2007 corresponding to ACC GR Case No. 44 of 2008 now pending in the Special Judge Court No. 6, Sher-e-Bangla Nagar, Dhaka should not be declared to be without lawful authority and is of no legal effect. 2. Facts relevant for disposal of the Rule, in brie...... The Anti Corruption Commission Act, 2004 (Act No. V of 2004); Section 32 (1) & (2) The Anti Corruption Commission Rules, 2007; Rule 15 (2) 'Sanction' is an administrative act and isn’t subject to any judicial scrutiny……………..(21) ......try of Law……………………………Respondents Judgment December 4, 2008. Result: The Rule is discharged without any order as to cost. The Anti Corruption Commission Act, 2004 (Act No. V of 2004); Section 32 (1) ..Category: Anti-Corruption Laws | Date: 4 Dec, 2008 | Hits: 149
MM Ali Ispahani Vs. MM Ispahani Ltd., 2008, 37 CLC (HCD)
....m MMI by the petitioner No.1. (ii) 14,283 ordinary shares (pre-bonus) 35,707 ordinary shares (post-bonus) inherited from MMI by the petitioner No.1 having succeeded hereto in accordance with the laws of inheritance. (iii) 1,572 ordinary shares (pre-bonus) i.e. 3,930 ordinary shares (post-......ial Original Jurisdiction) Present: Syed Refaat Ahmed J MM Ali Ispahani, son of Late Mirza Mahmood Ispahani, resident of Flat No.4 Mansion, Ispahani Colony Maghbazar, P.S. Ramna, Dhaka and others….................... Petitioners. Vs. MM Ispahani Ltd., 14-15 Motijheel ...... of the rectification of the share register with the Respondent No. 7 Registrar, Joint Stock Companies and Firms, within 15 days from the date of the issuance of a certified copy of this judgment and order. It is further directed that the Respondent No.1 Company takes care for the names of the Petit..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. ...... High Court Division (Civil Revisional Jurisdiction) Present: SK Sinha J Dewan Joynal Abedin ………………………………… Petitioner Vs. Husen Ahmed Khan and others……………… Opposite Parties Judgment December 2, 2008. Result: ......……………… Petitioner Vs. Husen Ahmed Khan and others……………… Opposite Parties Judgment December 2, 2008. Result: The Rule is discharged without any order as to costs. The Code of Civil Procedure, 1908 (Act No. V of 1908); Order XLI, ..Category: Property Law | Date: 2 Dec, 2008 | Hits: 7
Abul Kashem (Md.) Vs. Government of Bangladesh and others, 2008, 37 CLC (HCD)
....mmad 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 to show cau......d. Imman Ali J Md. Ashfaqul Islam J Abul Kashem (Md.)……………………Petitioner Vs. Government of Bangladesh represented by the Secretary, Ministry of Local Government and Co-operatives and others………………Respondents Judgment November 27, 2008. ......y the Secretary, Ministry of Local Government and Co-operatives and others………………Respondents Judgment November 27, 2008. Result: The Rules are discharged without any order as to cost. Interpretation of statute A statute has to be interpreted in its literal..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. ...... Criminal Appeal No. 2970 of 2006. Judgment Md. Arayesuddin J. - Convict-appellant Md. Kamal Hossain alias Md. Kamal Pramanik has preferred this criminal appeal against the judgment and order, dated 3-5-2006, passed by the learned Nari-o- Shishu Nirjatan Daman Tribunal, Natore, in......minal Appeal No. 2970 of 2006. Judgment Md. Arayesuddin J. - Convict-appellant Md. Kamal Hossain alias Md. Kamal Pramanik has preferred this criminal appeal against the judgment and order, dated 3-5-2006, passed by the learned Nari-o- Shishu Nirjatan Daman Tribunal, Natore, in Nar..Category: Women and Children | Date: 23 Nov, 2008 | Hits: 7
Mosammat Kazi Shamsunnahar Vs. Md. Ramjan Molla and others, 2008, 37 CLC (HCD)
....obtained the present rule. 4. Mr. Kazi Abdul Khaleque, the learned advocate for the petitioner submitted that both the courts below committed gross illegality in violating the clear provision of law that the properties transferred through exchange deed was non pre-emptable under section 96(10) ......ent: Md. Mizanur Rahman Bhuiyan J Mosammat Kazi Shamsunnahar……………………………Petitioner Vs. Md. Ramjan Molla and others……………………………&h....... Sheikh Muhd. Serajul Islam- For the Opposite Parties. Civil Revision No. 5848 of 2002. Judgment Md. Mizanur Rahman Bhuiyan J.-This rule is directed against the judgment and order dated 28.08.2002 passed by the learned Joint District Judge, 1st Court, Munshiganj, in Miscell..Category: Property Law | Date: 20 Nov, 2008 | Hits: 2
Habibur Rahman Molla Vs. State, 2008, 37 CLC (HCD)
....4 is precondition for taking cognizance of the offence as described in the schedule of the Ain. Even though no reason has been assigned for its satisfaction, the can be treated sanction in the eye of law…………………………..(18) The ...... Result: The Rule is discharged. Interpretation of Statute The language of the statute is not always a decisive factor in determining whether the particular provision of a statute is mandatory or directory. The language of the statute cannot always be faultless, and this leaves room ......, 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..Category: Anti-Corruption Laws | Date: 20 Nov, 2008 | Hits: 157
....ciate Professor as advertised in the notification bearing No. BaSoKoKoSo/Unit-6/Sorasori-2/2006(1-81) 94 dated 28.05.2006 issued by respondent no. 3 should not be declared as have been issued without lawful authority and to be of no legal effect as being violative of the petitioners fundamental righ......lip;…………প্রতিবাদীগণ
রায় প্রদানঃ
নভেম্বর ১৮,২০০৮
Medical Council Act, 1973
Medical and Dental Council Act, 1980 (Act XVI of 1980)
Bangladesh Civil Service Recruitment Rules......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..
Category: Civil Law, Employment/Service Law | Date: 18 Nov, 2008 | Hits: 3
Abdul Hai (Md.) Vs. Bangladesh and others, 2008, 37 CLC (HCD)
....d the order dated 31-10-2001, disclosed in Annexure-F discharging and affirming such discharge of the petitioner from the Service of Bangladesh Rifles should not be declared to have been made without lawful authority and is of no legal effect and/or pass such other or further order/orders as to this...... 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..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)
....ciate Professor as advertised in the notification bearing No. BaSoKoKoSo/Unit-6/Sorasori-2/2006(1-81) 94 dated 28.05.2006 issued by respondent no. 3 should not be declared as have been issued without lawful authority and to be of no legal effect as being violative of the petitioners fundamental righ......ssue calling upon the Respondents to show cause, why S.R.O. No. 211-Ain/2005/SoMo(Bidhi-5)-31/04 dated 7.7.2005 (Annexure-A) amending the provisions regarding qualifications for the post of Professor and Associate Professor under the Bangladesh Civil Service (Health Cadre) in Bangladesh Civil Servic......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..Category: Constitutional Law | Date: 18 Nov, 2008 | Hits: 167
Mosammat Setara Begum Vs. Al-Arafah Islami Bank Ltd. and others, 2008, 37 CLC (HCD)
....tho Rin Adalat no.4, Dhaka, in Artho Execution Case no.60 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-......urt Division (Special Original Jurisdiction) Present: Zinat Ara J Syed Md. Ziaul Karim J Mosammat Setara Begum..........Petitioner Vs. Al-Arafah Islami Bank Ltd. and others.............Respondents Judgment November 11, 2008. Result: The Rule......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..Category: Civil Law | Date: 11 Nov, 2008 | Hits: 4
....irected against the respondents to show cause as to why the action of the respondents in not considering the case of the petitioner for promotion should not be declared to have been taken without any lawful authority and is of no legal effect and why a direction should not he given upon them to cons......cial Original Jurisdiction)
Present:
AFM Abdur Rahman J
SM Emdadul Hoque J
Khabiruddin Ahmed…………………….Petitioner
Vs.
Government of the People's Republic of Bangladesh and others………………………Respondents
Judgment
November 9, 2008.
Result:
The ......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..
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)
.... by the learned Judge of the Artha Rin Adalat No. 1, Rajbari, 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-......n (Special Original Jurisdiction) Present: Zinat Ara J SM Ziaul Karim J Akramuzzaman (Md.) alias Babu ……………. Petitioner Vs. Artha Rin Adalat No. 1 Rajbari and others………………..Respondents Judgment November 5, 2008. Result: Th......……. 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..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. ......te………………………Respondent Judgment October 28, 2008. Result: The appeal is allowed. 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 ……...... 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..Category: Criminal Law | Date: 28 Oct, 2008 | Hits: 27
.... primarily highlighted the fact that in issuing the
Letters of Guarantee the two P&I clubs have by that reason automatically
brought themselves under the purview of both statutory and common outlaw
standards that define and govern the tripartite relationship between a
guarantor, a creditor a......
(Admiralty
Jurisdiction)
Present:
Syed
Refaat Ahmed J
United Edible Oils Ltd…………………plaintiff
Vs.
London Steam Ship Owners'
Mutual Insurance Association Ltd. and other(s) …………Defendants
Judgment
October 26, 2008.
Result:
The
Appl......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..
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)
....n, son of Farid Miah alias Sabid Miah now detained at 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 b......rt 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 Rule i......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 ..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. .........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 time was made and no allegation of inducement for getting the loan money from the informant was made. The accused ......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..Category: Criminal Law | Date: 14 Aug, 2008 | Hits: 28
.... 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 Ainjibi Samity (in short, BJMAS) is a group of lawyers providing legal aid to women and children. In 1979, BJMAS started trafficking research, advo......)
Present:
Syed Mahmud Hossain J
Farid Ahmed J
Bangladesh Jatiyo Mahila Ainjibi Samity (BJMAS)....... ....Petitioner
Vs.
Ministry of Home Affairs and Others.............. Respondents
Judgment
August 14, 2008.
Result:&nb......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..
Category: Women and Children | Date: 14 Aug, 2008 | Hits: 201
....k Companies and Firms, to show cause as to why the impugned letter dated
8-8-2006 directing the petitioner to take the shelter of legal proceeding
should not be declared to have been issued without lawful authority and is of
no legal effect and why a direction should not be given to the responden......n
(Special
Original Jurisdiction)
Present:
AFM
Abdur Rahman J
SM
Emdadul Hoque J
AKM Kamruzzaman Khan …………Petitioner
Vs.
Registrar, Joint Stock Companies and Firms
Dhaka and 6 others …………Respondents
Judgment
August 12, 2008.
Resul......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..
Category: Company Law | Date: 12 Aug, 2008 | Hits: 18
Idrisur Rahman (Md) Vs. Bangladesh, 2008, 37 CLC (HCD)
....ticles such as Article 94(4) and 116A mandates the independence of judiciary. Independence of judiciary and supremacy are further consolidated by the Constitution in Article 111 by providing that the law declared by the Supreme Court of Bangladesh is binding on all Courts subordinate to it and that ...... Ahsanullah vs. Bangladesh 44 DLR 179; Venkata Reddy vs. Andhra Pradesh: AIR 1985 SC 724; Nagraj vs. Andhra Pradesh: AIR 1985 SC 551 A K Roy vs. India: AIR 1982 SC 710, 725, Peergada Kazi Shariatulla and others vs. Bangladesh in Writ Petition No. 2207 of 2008; M Shamsul Huque and others vs. Banglade......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..Category: Constitutional Law | Date: 7 Aug, 2008 | Hits: 236
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