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Advocate Taimur Alam Khondaker Vs. Bangladesh and others, 2012, 41 CLC (HCD)

....nnexure-D it appears that on 12-5-2012 final voter list had been duly published by the Election Commission. The petitioner submit­ted nomination paper on 15-5-2012 (Annexure-F) for contesting the post of President. It also appears from Annexure-G that respondent No. 3 vide notice dated 15-5-2012......¿à¦·à¦¦) and Executive Council (কারà§à¦¯à¦¨à¦¿à¦°à§à¦¬à¦¾à¦¹à¦¿ পরিষদ) 4. The powers and functions of the General Council is constituted with the founder, general and life time members; and amongst others, it is to hold election of the Executive Council in every 3 (three) year......y;tration authority, as per the Constitution of the Federation. There will be no order as to costs. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 139     ......y;tration authority, as per the Constitution of the Federation. There will be no order as to costs. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 139     ..

Category: Administrative Law | Date: 29 Nov, 2012 | Hits: 6

Government of Bangladesh and oth¬ers Vs. Dr. Md. Nazrul Islam Bhuiyan and others, 2012, 41 CLC (AD)

....ioners having obtained Bachelor of Homeopathic degree in Medicine and Surgery (BHMS) from Bangladesh Homeopathic Medical College and Hospital under the University of Dhaka, filed applications for the posts of Lecturer of Government Homeopathic Degree College and Hospital, Mirpur, Dhaka pursuant to t......llants have been rendering their services without any pay and allowance till date with all sincerity, honesty and diligence to the full satisfaction of the students and the College authority. A three-member inspection team of the University of Dhaka consisting of the Dean of the Faculty of Pharmacy,......gh Trees House Ltd. (1947) 1 KB 130; Grihayan Limited Vs. Government of Bangladesh, 47 DLR (AD) 12; UP Power Corporation Ltd Vs. Sant Steels & Alloys (P) Ltd, AIR 2008 SC 693; Kasinka Trading Vs. Union of India (1995) 1 SCC 274 at page 283; Amrit Banaspati Co. Ltd. Vs. State of Punjab, AIR 1992 ......sed by a Division Bench of the High Court Division in Writ Petition No.29.19 of 2006 is hereby affirmed. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 255.     ..

Category: Civil Law | Date: 28 Nov, 2012 | Hits: 4

Government of Bangladesh and others Vs. Hamento Kumar Barmon and another, 2012, 41 CLC (AD)

....ting the same offence filed writ petitions and the Rules issued in those writ petitions were made absolute and pursuant to the directions given in those writ petitions, they were re-instated in their posts with back pay; some other terminated employees who were in the service of the Republic filed c......CA No.326 of 2008) replied to the charges brought against him stating, inter alia, that he was not connected with the alleged offence except taking part in the protest "by way including him as a member of the procession." 6.  In Writ Petition No.459 of 2005, it was further stated......we find no other alternative but to dis­miss the appeals. Accordingly, the appeals are dismissed; no order as to costs. Ed. This Case is also Reported in: 65 DLR (AD) (2013) 152. ......we find no other alternative but to dis­miss the appeals. Accordingly, the appeals are dismissed; no order as to costs. Ed. This Case is also Reported in: 65 DLR (AD) (2013) 152. ..

Category: Employment/Service Law | Date: 28 Nov, 2012 | Hits: 12

Esrarul Huq Chowdhury Vs. Md. Amir Hossain, Advocate and another, 2012, 41 CLC (AD)

.... 5 (five) years is set aside and that passed by the Tribunal in the complaint case is restored. Ed. This Case is also Reported in: 21 BLT (AD) (2013) 313,66 DLR (AD) (2014) 1.   ......gent of the client, the Advocate has to adhere to a standard of conduct which is befitting of his status and responsibility……………(24) In most jurisdictions, the members of the legal profession are conferred the status of privileged members of the community and ...... 5 (five) years is set aside and that passed by the Tribunal in the complaint case is restored. Ed. This Case is also Reported in: 21 BLT (AD) (2013) 313,66 DLR (AD) (2014) 1.   ...... 5 (five) years is set aside and that passed by the Tribunal in the complaint case is restored. Ed. This Case is also Reported in: 21 BLT (AD) (2013) 313,66 DLR (AD) (2014) 1.   ..

Category: Others | Date: 28 Nov, 2012 | Hits: 23

Syeda Sajeda Chowdhury Vs. State, 2012, 41 CLC (HCD)

....ite. Since the said Writ Petition was withdrawn before the instant petition was filed, no legal complication arises. Farid Ahmed J. - I agree. Ed. This Case is also Reported in: ......the Code of Criminal Procedure, seeking quashment of the aforementioned proceeding are briefly, scripted below; The petitioner is a former Minister for Environment and Forest and is a presidium member of Bangladesh Awami League. On 15th November 2007, the Anti Corruption Commission (henc......ite. Since the said Writ Petition was withdrawn before the instant petition was filed, no legal complication arises. Farid Ahmed J. - I agree. Ed. This Case is also Reported in: ......ite. Since the said Writ Petition was withdrawn before the instant petition was filed, no legal complication arises. Farid Ahmed J. - I agree. Ed. This Case is also Reported in: ..

Category: Anti-Corruption Laws | Date: 28 Nov, 2012 | Hits: 77

Mohammad Ullah Ashraf Vs. Bangladesh and others, 2012, 41 CLC (HCD)

....thout any order as to cost. The order of stay granted at the time of issuance of the Rule is vacated. Mohammad Bazlur Rahman J. I agree. Ed. This Case is also Reported in: ......thout any order as to cost. The order of stay granted at the time of issuance of the Rule is vacated. Mohammad Bazlur Rahman J. I agree. Ed. This Case is also Reported in: ......nd Divorce (Registration) Rules, 1975. Under the new Rules the District Registrar issued a notice inviting applications for granting license of Nikah Registrar for some areas including the said Kadla Union. In response thereto the writ petitioner among others filed a fresh application for granting h......thout any order as to cost. The order of stay granted at the time of issuance of the Rule is vacated. Mohammad Bazlur Rahman J. I agree. Ed. This Case is also Reported in: ..

Category: Civil Law | Date: 28 Nov, 2012 | Hits: 109

Giasuddin-al-MamunVs.State and another, 2012, 41 CLC (HCD)

....said case, he placed before us paragraph Nos. 44 and 45 as reproduced below:-- “44. From the facts and circumstances of the instant case we are of the opinion that the principle of 'ex post facto' laws as embodied in Article 35(1) of the Constitution is not applicable in......ceeding is unwarranted in law and disapproved by the Appellate Division. Accordingly, the application is rejected summarily. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 41 ......, 37 DLR (AD) 135. Delowar Ali Khan Vs. Sajadul Hague, 38 DLR (AD) 52; Nil Ratan Sarker Vs. Lakshmi Narayan Ram, AIR 1965 (SC); Directorate of Enforcement Vs. Dipok Mahajon,(1994), 3(SCC) 440; State (Union of India) Vs. Ram Saran,(2003) 12 SCC 578; CP No. 10 of 2001, CRP No. 32 of 2011. Lawyers......ceeding is unwarranted in law and disapproved by the Appellate Division. Accordingly, the application is rejected summarily. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 41 ..

Category: Criminal Law | Date: 27 Nov, 2012 | Hits: 5

Government of Bangladesh & others Vs. Md. Ghulam Mustafa and others, 2012, 41 CLC (AD)

.... the High Court Division calling for our interference. With the above observations and directions the petition is dismissed. Ed. This Case is also Reported in: 65 DLR (AD) (2013) 85. ...... the High Court Division calling for our interference. With the above observations and directions the petition is dismissed. Ed. This Case is also Reported in: 65 DLR (AD) (2013) 85. ...... the High Court Division calling for our interference. With the above observations and directions the petition is dismissed. Ed. This Case is also Reported in: 65 DLR (AD) (2013) 85. ...... the High Court Division calling for our interference. With the above observations and directions the petition is dismissed. Ed. This Case is also Reported in: 65 DLR (AD) (2013) 85. ..

Category: Others | Date: 22 Nov, 2012 | Hits: 20

State Vs. Kazi Mahbub-uddin Ahmed, 2012, 41 CLC (AD)

....pose of detecting the real assailant normally a prudent man does, as soon as he had learnt that his wife was assassinated, that is to say, he intimated the police, arranged for holding inquest and post­mortem report examination and then brought the dead body at his residence and then buried the......in the judgment of the High Court Division which calls for our interference. The appeal is, therefore, dismissed. Ed. This Case is also Reported in: 18 BLC (AD) (2013) 210. ......in the judgment of the High Court Division which calls for our interference. The appeal is, therefore, dismissed. Ed. This Case is also Reported in: 18 BLC (AD) (2013) 210. ......in the judgment of the High Court Division which calls for our interference. The appeal is, therefore, dismissed. Ed. This Case is also Reported in: 18 BLC (AD) (2013) 210. ..

Category: Evidence Law | Date: 14 Nov, 2012 | Hits: 21

State Vs. Kazi Mahbubuddin Ahmed, 2012, 41 CLC (AD)

....pose of detecting the real assailant normally a prudent man does, as soon as he had learnt that his wife was assassinated, that is to say, he intimated the police, arranged for holding inquest and post-mortem report examination and then brought the dead body at his residence and then buried the ...... illegality in the judgment of the High Court Division which calls for our interference. The appeal is, therefore, dismissed. Ed. This Case is also Reported in: 18 MLR (AD) (2013) 135....... illegality in the judgment of the High Court Division which calls for our interference. The appeal is, therefore, dismissed. Ed. This Case is also Reported in: 18 MLR (AD) (2013) 135....... illegality in the judgment of the High Court Division which calls for our interference. The appeal is, therefore, dismissed. Ed. This Case is also Reported in: 18 MLR (AD) (2013) 135...

Category: Criminal Law | Date: 14 Nov, 2012 | Hits: 11

Shamsul Kabir Humayun Reza Vs. Anwarul Hasan and Others, 2012, 41 CLC (AD)

....05 from where it appeared that defendant No.3, Shamsul Kabir Humayun Reza joined the Design Department-1 of C & B in project circle No.2 as Assistant Engineer on 19-8-1952 and was promoted to the post of Executive Engineer (Design Department) and Building proj­ect circle on 19-7-1960. From t......ry of Housing and Works for giving back possession of his house (the suit plot). On such application, a Sub-Committee was formed with Joynal Abedin Farooqui as its Convener and Chairman, RAJUK as its member Secretary and they were requested to take necessary steps in the matter. The Sub-Committee de......etter for the inhabitants of Dhaka City." We find no merits in the petitions. Accordingly, the petitions are dismissed. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 37. ......etter for the inhabitants of Dhaka City." We find no merits in the petitions. Accordingly, the petitions are dismissed. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 37. ..

Category: Evidence Law, Property Law | Date: 12 Nov, 2012 | Hits: 37

Md. Mosharraf Ali Khan and others Vs. Assistant General Manager, Principal Office, Sonali Bank, Barisal of Bagura Road, Barisal City, District-Barisal and others, 2012, 41 CLC (HCD)

....of Sonali Bank Limited. The petitioner No.1 Md. Shah Alam joined as a typist of the Staff Administration Department of Head Office, Sonali Bank, Dhaka on 13.04.1976. Thereafter he was promoted to the post of Junior Clerk-cum-typist and then to the post of senior clerk on 01.03.1980. He had been serv......he Court       concerned immediately for information and necessary action. Ed. This Case is also Reported in: 21 BLT (HCD) (2013) 51.     ......tor could terminate the service of the plaintiffs. In fact; the concerned authority in accordance with law terminated the plaintiffs and they were sacked because of their illegal strike and the Trade Union activities. In violation of the Service Rules as well as conduct rules of Bank the plaintiffs ......he Court       concerned immediately for information and necessary action. Ed. This Case is also Reported in: 21 BLT (HCD) (2013) 51.     ..

Category: Civil Law | Date: 8 Nov, 2012 | Hits: 4

Advocate Asaduzzaman Siddiqui Vs. Bangladesh and others, 2012, 41 CLC (HCD)

....on Bench of this Court which directed respondent Nos. 4 and 8 to appear in person on 08.11.2012 and, in view of the fact that the said Rule issuing Bench is not in seisin, the instant Rule has been posted in the Cause List by this Court at the instance of the petitioner. 6. Mr. Murshid next ......the case in accordance with law and it shall be at liberty to consider the submission of the learned advocate Mr. Manzill Murshid as discussed above. Ed. This Case is also Reported in: ...... fact that, in the case at land, the victim herself has lodged the F.I.R. before issuance of the instant Rule and the principle accused, i.e., respondent No. 5, who is the Chairman of the concerned Union Parishad and alleged to have conducted the Shalish, and respondent No. 8, who have allegedly ......that, in the case at land, the victim herself has lodged the F.I.R. before issuance of the instant Rule and the principle accused, i.e., respondent No. 5, who is the Chairman of the concerned Union Parishad and alleged to have conducted the Shalish, and respondent No. 8, who have allegedly beate..

Category: Women and Children | Date: 8 Nov, 2012 | Hits: 10

Anti Corruption Commission Vs. Md. Obaidul Karim and another, 2012, 41 CLC (AD)

....ment and order dated 25.09.2012 passed by the High Court Division in Criminal Miscellaneous Case No.19433 of 2012 be stayed till disposal of the appeal. Ed. This Case is also Reported in: ......ment and order dated 25.09.2012 passed by the High Court Division in Criminal Miscellaneous Case No.19433 of 2012 be stayed till disposal of the appeal. Ed. This Case is also Reported in: ......ment and order dated 25.09.2012 passed by the High Court Division in Criminal Miscellaneous Case No.19433 of 2012 be stayed till disposal of the appeal. Ed. This Case is also Reported in: ......ment and order dated 25.09.2012 passed by the High Court Division in Criminal Miscellaneous Case No.19433 of 2012 be stayed till disposal of the appeal. Ed. This Case is also Reported in: ..

Category: Anti-Corruption Laws | Date: 4 Nov, 2012 | Hits: 611

The State Vs. Moru Bhuiyan, 2012, 41 CLC (HCD)

....ound the wound describe above legislated washing." He opined that death was due to shocked caused by above mention injury which were ante mortem and homicidal in nature." He proved the post mortem as Exhbts.6 and his signature on it (Exhbt.6/1). In cross-examination he stated tha......eal No.2408 of 2007 and Jail Appeal No.535 of 2007 are allowed. 29. The office is directed to send down the records at once. Ed. This Case is also Reported in: 21 BLT (HCD) (2013) 42 ......eal No.2408 of 2007 and Jail Appeal No.535 of 2007 are allowed. 29. The office is directed to send down the records at once. Ed. This Case is also Reported in: 21 BLT (HCD) (2013) 42 ......eal No.2408 of 2007 and Jail Appeal No.535 of 2007 are allowed. 29. The office is directed to send down the records at once. Ed. This Case is also Reported in: 21 BLT (HCD) (2013) 42 ..

Category: Criminal Law | Date: 18 Oct, 2012 | Hits: 7

Mayor, Dhaka City Corporation Vs. Dhaka Metropolitan Rickshaw Samity, 2012, 41 CLC (HCD)

....ion North and South and (5) the Inspector General of Police immediately on their appropriate addresses. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 518.     ......from creating obstruction for putting rickshaws for which they have been per­mitted to run on the streets of Dhaka. The plaintiff further stated that in order to improve the condi­tion of the members of Dhaka Metropolitan Rickshaw Drivers the Welfare Samity started a "Rickshaw Project&q......ion North and South and (5) the Inspector General of Police immediately on their appropriate addresses. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 518.     ......ion North and South and (5) the Inspector General of Police immediately on their appropriate addresses. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 518.     ..

Category: Administrative Law, Civil Law | Date: 17 Oct, 2012 | Hits: 3

Dr. Khandaker Mosharraf Hossain Vs. State, 2012, 41 CLC (HCD)

....ections 26(2) and 27(1) of the Anti-Corruption Commission Act, 2004 and that those allegations cannot be brushed aside and the same can only be thrashed out during the trial of the case and in such a posture of things, the impugned proceedings should not be quashed. 11. He then submits that the...... with law. Let the lower Court's record along with a copy of this judgment be sent down at once. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 1.     ...... with law. Let the lower Court's record along with a copy of this judgment be sent down at once. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 1.     ...... with law. Let the lower Court's record along with a copy of this judgment be sent down at once. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 1.     ..

Category: Anti-Corruption Laws | Date: 16 Oct, 2012 | Hits: 20

Grameen Solutions Ltd. Vs. Registrar, Joint Stock Com¬panies and Firms, 2012, 41 CLC (HCD)

.... after its name dispensed with. But this order shall not absolve the company of its liability, if any, with anybody. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 186   ......uced and another amount of Taka 4,83,20,000 in the share premium account can also be reduced, which are in excess so far as the equity capital requirement of the company is concerned. Accordingly the members of the company has adopted a resolution in the EGM held on 19-2-2012, to reduce paid up capi...... after its name dispensed with. But this order shall not absolve the company of its liability, if any, with anybody. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 186   ...... after its name dispensed with. But this order shall not absolve the company of its liability, if any, with anybody. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 186   ..

Category: Company Law, Corporate Law | Date: 15 Oct, 2012 | Hits: 11

Abdul Wadud (Md.) Vs. Heaven Homes Private Ltd and others, 2012, 41 CLC (HCD)

....No. 7) shall stand vacated. Costs will be borne by the parties. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 143           ......dividual right and interest of minority shareholder, but this section is not available to seek protection of the office of Managing Director which is divisible from the petitioner's capacity as a member. He finally submits that the Respondent No.1 Company is a private company limited by shares a......No. 7) shall stand vacated. Costs will be borne by the parties. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 143           ......No. 7) shall stand vacated. Costs will be borne by the parties. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 143           ..

Category: Company Law | Date: 14 Oct, 2012 | Hits: 5

Moudud Ahmed Vs. Anti-Corruption Commission and another, 2012, 41 CLC (HCD)

.... of the above mentioned case were stayed. 3. Facts necessary for disposal of the rule are that the accused-petitioner is a Senior Advocate of the Bangladesh Supreme Court and he held responsible posts of the Govern­ment including Deputy Prime Ministry, Prime Minister and Vice-President. He ......titioner is a Senior Advocate of the Bangladesh Supreme Court and he held responsible posts of the Govern­ment including Deputy Prime Ministry, Prime Minister and Vice-President. He is an elected member of the Parliament and member of the Standing Committee of the Bangladesh Nationalist Party (B......h the Special Case in accordance with law. Send a copy of the judgment and order to the concerned Court below immediately. Ed. This Case is also Reported in: 17 BLC (HCD) (2012) 778. ......h the Special Case in accordance with law. Send a copy of the judgment and order to the concerned Court below immediately. Ed. This Case is also Reported in: 17 BLC (HCD) (2012) 778. ..

Category: Anti-Corruption Laws | Date: 7 Oct, 2012 | Hits: 95