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Bangladesh Power Development Board & others Vs. Abu Bakar Siddique & anothers, 2009, 38 CLC (HCD)

....ithout lawful authority and is of no legal effect. Accordingly, the appeals are allowed without any order as to costs. Ed. This Case is also Reported in: 15 BLC (AD) (2010) 214. ......ployees) Service Rules, 1982, the aforesaid position of the service of the reluctant officers was being governed by substitute notification dated 18-2-1982 being No. SRO 74-L/82 issued in exercise of power conferred by the Bangladesh Water and Power Development Board's Order, 1972 (PO No. 59 of 1972......972, 2973 and 2989 of 2001 making the Rule absolute. 2. The facts involved in the cases, in short, are that the respondents in the writ petitions made a prayers for direction upon the appellants to allow the benefit of one step out of turn promotion in accordance with the circular dated 11-8-19......tions to the authority to allow him benefit of one step out of turn promotion in accordance with the circular dated 11-8-1966. He further claimed that several other diploma engineers had already been granted such promotion on their obtaining degree of BSc Engineering/AMIE. 3. The appellants by ..

Category: Employment/Service Law | Date: 3 Jun, 2009 | Hits: 3

Emran Ahmed & 20 anothers Vs. Bangladesh and others, 2009, 38 CLC (HCD)

....iority, back wages and other privileges within 30 days of receipt of a copy of this Judgment. There will be no order as to costs. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 213. ...... ample discretion in terminating the services of an employee as it desires without assigning any reason by giving him a mere three prior months notice or the salary for the said period. However, such power shall only be used sparingly and with fairness. Every employee entering into service has a leg......ut assigning any reason by giving him a mere three prior months notice or the salary for the said period. However, such power shall only be used sparingly and with fairness. Every employee entering into service has a legitimate expectation to continue in the serv­ice till achieving the age of super......man Corporation Employee (Service) Regulations, 1979 runs as follows: "52. Termination.- (1) Service of permanent employee may be terminated by the Corporation without assign­ing any reason by granting three months notice or, in lieu thereof by payment of pay. (2)............" 42. The a..

Category: Employment/Service Law | Date: 2 Jun, 2009 | Hits: 35

Ehtesamur Rahman Vs. The State & Others, 2009, 38 CLC (HCD)

....formation and necessary action. Ed. This Case is also Reported in: 29 BLD (HCD) (2009) 399.                 ......Purana Paltan until any order is passed by the Assistant Judge 4th court Dhaka in Title Suit No.92 of 1999. 3. The petitioner filed a written statement claiming ownership of the property through power of Attorney dated 25.04.1987 from his wife Israt Jahan who became the owner of the said proper...... 19, 2009. Result: The Rule is discharged. It is the general rules of procedure that every case whether Civil or Criminal shall be instituted in the Court of the lowest grade competent to try it. The rule of procedure has got impera­tive force to comply with it which cannot be ove......formation and necessary action. Ed. This Case is also Reported in: 29 BLD (HCD) (2009) 399.                 ..

Category: Procedural Law | Date: 19 May, 2009 | Hits: 1

Bangladesh National Women Lawyers Association (BNWLA) Vs. Bangladesh and Others, 2009, 38 CLC (HCD)

....ficult task in public interest. There is no order as to costs. Quamrul Islam Siddiqui J.- I agree. Ed. This Case is also Reported in: 29 BLD (HCD) (2009) 415, 14 BLC (HCD)(2009) 694. ......2. The facts leading to the issuance of the Rule, in brief, are: Bangladesh National Women Lawyers Association (BNWLA) was formed in 1979 by a group of women lawyers with an aim and objective to empower the women and children of their rights. 3. At present there are no legislative provisions ......i J Bangladesh National Women Lawyers Association (BNWLA)...... the petitioner Vs. Government of Bangladesh and Others...... the respondents Judgment May 14, 2009. Cases Referred to- H.M. Ershad v. Bangladesh, 2001 BLD (AD) 69; Apparel Export Promotion Council v. Chopra, AIR ......articipation of women in all spheres of national life which is not possible unless we can put a stop to sexual harassment. Such participation cannot be ensured unless they are protected from this flagrant and pervasive vice. 21. Article 26 occurring in the chapter of fundamental rights states t..

Category: Women and Children | Date: 14 May, 2009 | Hits: 330

Md. Alauddin Bepari Vs. Somola Khatoon & others, 2009, 38 CLC (HCD)

....ting the application under Order 7 Rule 11 of the Code of Civil Procedure is hereby set aside and the plaint of the suit is rejected. Ed. This Case is also Reported in: 14 MLR (HCD) (2009) 251. ...... filing the suit for specific performance of the contract". 11. Mr. Mahmudul Islam, the learned Advocate for the petitioner submits that the aforesaid new Section 21A of the Act confers an express power couched in a negative form and negative words are clearly prohibitory and are ordinarily used ...... Court High Court Division (Civil Appellate Jurisdiction) Present: Afzal Hossain Ahmed J Md. Abdus Samad J Md. Alauddin Bepari…………………….Appellant Vs. Somola Khatoon & others……………………opposite parties Judgment April 21, 2009. Result: ......ting the application under Order 7 Rule 11 of the Code of Civil Procedure is hereby set aside and the plaint of the suit is rejected. Ed. This Case is also Reported in: 14 MLR (HCD) (2009) 251. ..

Category: Civil Law | Date: 21 Apr, 2009 | Hits: 91

Dr. M. A. Yahia Vs. Md. Abdul Quader and others, 2009, 38 CLC (AD)

....therefore, no substance, in the leave petition and the same is dismissed accordingly. Ed. Case is also Reported in: 14 MLR (AD) (2009) 235; 29 BLD (AD) (2009) 59; 14 BLC (AD) (2009) 109. ......the allotment and lease deed of unit-B. He submits that the aforesaid lease agreement contains 29 conditions for 99 years and in case of violation of any of the said 29 conditions, the authority is empowered to terminate the lease according to Clause-23(1) of the said agreement. He submits that in t......No. 1460 of 2008. (From the judgment and order dated 13.07.2008 passed by the High Court Division in Writ Petition No.5022 of 2005). Judgment Md. Abdul Aziz J.- This petition for leave to appeal is directed against the judgment and order dated 13.05.2008 passed by a Division Bench of ......ty Act, 1882 is not necessary and not applicable in this lease agreement. He also submits that the High Court Division in the impugned judgment and order wrongly observed that the aforesaid lease was granted by an order of the President of the Republic, which could only be cancelled at the instructi..

Category: Property Law | Date: 15 Apr, 2009 | Hits: 36

Jaharlal Bandapadhya and others vs. Most. Begum Jahanara, 2009, 38 CLC (AD)

....ourt Division. In such view of the matter we find not substance in this appeal. The appeal is dis­missed without any order as to cost. Ed. This Case is also Reported in: VII ADC (2010) 155. ......on by both the defendants and therefore their sons the present appellants are bound by such admission being agents of the original defendants claiming through them. 18. It further appears that the power of attorney filed by Abdur Razzak Howlader was not authenticated as required under Section 18 ......st. Begum Jahanara as the plaintiff filed the above mentioned Title Suit against the appellant for Specific Performance of Contract, contending, inter alia, that the suit property originally belonged to Nishi Kanta Bandapadhya, the predecessor and father of the defen­dant Nos.1 and 2 Shayama Kanta ......execu­tion of the bainanama and as such the High Court Division correctly reversed the judgment of the lower appellate Court and decreed the suit and there is no ground to interfere. 9. Leave was granted to consider the fol­lowing submissions. 10. For that the learned Single Judge of the Hig..

Category: Property Law | Date: 13 Apr, 2009 | Hits: 74

Fahima Nasrin Vs. Government of Bangladesh and others, 2009, 38 CLC (HCD)

....the Judiciary. Let the lower Court records be transmitted at once along with a copy of this judgment. Sheikh Abdul Awal J. - I agree. This Case is also Reported in: 61 DLR (HCD) (2009) 232. ......physical damage and avoiding their stigmatisation and the situation where they become hardened criminals. 17. With regard to the provision of section 67 of the Act, Mr. Mahmood submitted that the power to discharge from a certified institute or approved home would only apply if the offender was ...... Vs. Metropolitan Police Commissioner, 60 DLR 660; State Vs. Md. Roushan Mondal @ Hashem, 59 DLR 72. Lawyers Involved: Ms. Fahima Nasrin, Advocate-In person. Md. Abdus Samad Kamal, Deputy Attorney General, with Ms. Nowazish Ara Begum, Assistant Attorney General-For the respondents. Mah......the Judiciary. Let the lower Court records be transmitted at once along with a copy of this judgment. Sheikh Abdul Awal J. - I agree. This Case is also Reported in: 61 DLR (HCD) (2009) 232. ..

Category: Women and Children | Date: 11 Feb, 2009 | Hits: 189

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.         ......e 3 (d) of the High Court Division Rules. 13. Article 116 of the Bangladesh Consti­tution runs as follows; Constitution of Bangladesh: "Article-116: The control (including the power of posting, promotion and grant of leave) and discipline of persons employed in the judicial s......       ......on Rules. 13. Article 116 of the Bangladesh Consti­tution runs as follows; Constitution of Bangladesh: "Article-116: The control (including the power of posting, promotion and grant of leave) and discipline of persons employed in the judicial service and magistrates ex­er..

Category: Administrative Law, Constitutional Law | Date: 5 Feb, 2009 | Hits: 2

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. ...... 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. ......w……………………………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) & (2)...... 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. ......he United Kingdom. It is stated that only after the Petitioner No.1 returned to Bangladesh from Karachi in September 1991 upon his father’s death on 1.9.1991 did he sense a notable shift in the power structure having already taken place within the Company with the Bangladesh-based MAI-branch o......others………………………..Respondents Judgment December 4, 2008. Result: The Application is disposed of. Cases Referred to- M/s. Howrah Trading Co. Ltd. Vs. Commissioner of Income-Tax, Central Calcutta, AIR 1959 (SC......ngly appeared unaware of any authority that he may have had from the Company for either swearing affidavits or deposing on behalf of the Company. It is asserted that indeed no such authority was ever granted him by the Company. That being the case, it is submitted that neither a Vice-Chairman nor a ..

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

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. ......e understood to mean a "criminal Court". To have this view, we may safely rely upon the decision of the case of Bangladesh Vs. Iqbal Hasan Mahmood reported in 60 DLR (AD) 147. Moreover, the power conferred under section 561A of the Code cannot be lightly exercised in order to defeat and de......ned Court at once. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 1, 29 BLD (HCD) (2009) 227. ......cused petitioner to accord sanction for prosecution. All other relevant evidence which would have tilted the balance in favorer of the accused if it was considered by the sanctioning authority before granting sanction which was left out of consideration could be examined only at the stage of trial w..

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: ......impugned advertisement. The learned Deputy Attorney General Mr. Razik Al-Jalil and Mr. Md. Bodruddoza the learned Advocate appearing for respondent No.5 opposed the prayer for stay. Let the power filed by Mr. Md. Bodruddoza on behalf of the respondent no. 5 be kept with the record. Th......Act XVI of 1980)  Bangladesh Civil Service Recruitment Rules, 1981 উপরোক্ত আইনের প্রস্তাবনা নিুরূপঃ “..............to provide for the constitution of a Medical and Dental Council, for regulating registration of medi......edical and dental qualifications under this Act; (f) prescribing the qualifications and experience required of examiners for professional examinations in medicine and dentistry antecedent to the granting of recognised medical and dental qualifications; and (g) registration of medical or de..

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. ...... Hoque Chowdhury vehemently argues that the provision of section 8 of the Bangladesh Rifles (Special Provisions) Ordinance 1976, being the provision for dismissal simpliciter, the BDR authority was empowered to discharge any of its employee, without assigning any reason which clearly indicates that ......Hoque J Abdul Hai (Md.)……………Petitioner Vs. Bangladesh and others……………Respondents Judgment November 18, 2008. Result: The Rule is disposed of. Case Referred to- Col. Md. Hashmat Ali (Retired) Vs. Government of Bangladesh, 47 DLR (AD) 1; Bangladesh Vs. Md......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)

....্কে তাহাদের প্রতিবেদন দাখিল করিবেন। বিচারপতি মোঃ আবু তারিক.- আমি একমত। ......impugned advertisement. The learned Deputy Attorney General Mr. Razik Al-Jalil and Mr. Md. Bodruddoza the learned Advocate appearing for respondent No.5 opposed the prayer for stay. Let the power filed by Mr. Md. Bodruddoza on behalf of the respondent no. 5 be kept with the record. Th......ারিখে প্রতিবাদীগণ বরাবরে নিন্মলিখিত Rule NISI জারী করেনঃ “Let a Rule Nisi issue 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 ......edical and dental qualifications under this Act; (f) prescribing the qualifications and experience required of examiners for professional examinations in medicine and dentistry antecedent to the granting of recognised medical and dental qualifications; and (g) registration of medical or de..

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. ......le the mortgaged property in auction, then the right and possession of the mortgaged property will be vested upon the bank. Consequently at the instance of the bank the Adalat rightly by exercising power conferred under section 33(7) of the Ain 2003 passed an order conferring title of the petiti...... 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 (Annexure-E to the writ petition) passe......ity or impropriety which calls for no interference by this Court. Thus the Rule having no merit fails. 16. In the result, the Rule is discharged without any order as to cost. The order of stay granted earlier by this Court stands vacated. The Artho Rin Execution Case no, 60 of 2006 pending i..

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. ......eputy Director vide office memo No.210-WDB (Sect)/Bang-11/ Lac-29/77 dated 27-10-1979. The Bangladesh Water Development Board (Employees) Service Rules, 1982 was made by the Government in exercise of power conferred by Article 33 of the Bangladesh Water and Power Development Boards Order, 1972 (PO 5......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, 58 DLR ......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

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. ...... 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. ...... Present: Tariq-ul-Hakim J Sheikh Abdul Awal J Ziad Ali Gazi (Md.)………………..Accused-Appellant Vs. State………………………Respondent Judgment October 28, 2008. Result: The appeal is allowed. Even though the charge sheet wa......lt: 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 ………….(8) Lawyers Involved: SK Rezaul Islam, Advocate — For the Appellant. ..

Category: Criminal Law | Date: 28 Oct, 2008 | Hits: 27

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. ......ishu Hospital.   9. Mrs. Faujia Karim, learned Advocate for the petitioner submits as under:  (1) The present Writ Petition has been filed in the form of habeas corpus and as such the power of this Court is wide enough to determine the custody of the 7(seven) children.  (2) A......le that contains all of our genetic information. By examining DNA molecule and its genetic code, the differences among individual can be scientifically and accurately determined. It is also necessary to have an idea about DNA Paternity Test. A paternity test works by comparing a child’s DNA profil......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. ......e 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) of the Companies Act, 1994, which conferred...... Court Division (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, 2......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