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

....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 ...... ১৬-১০-২০০৬ তারিখে 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.......�্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)

....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......it 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 (Annexure-......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)

....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 ......in the cadre of Chief Engineers, Additional Chief Engineers and Superintending Engineers and Directors, Additional Directors and posts with equivalent pay scales and such other posts as may be specifically notified as such by the Board, from time to time, shall be treated as selection posts and shal...... Director to the post of Deputy Director lies, inasmuch as according to Rule 21(b) merit-rum-seniority is the sole criteria for promotion to the higher post Subsequently, the authority by their Board meeting dated 16-11-2002 incumbent the 4 cadres namely, Administration, Welfare, Public Relations an..

Category: Employment/Service Law | Date: 9 Nov, 2008 | Hits: 117

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. ......s. 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 time was made and no allegation of inducement for getting the ......For State Opposite Party. Criminal Appeal No. 18611 of 2006. Judgment Sheikh Abdul Awal J. - This Rule was issued on an application under section 561A of the Code of Criminal Procedure calling upon the opposite party to show cause as to why the impugned proceeding of GR Case No. 77 of...... 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)

....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...... DNA stands for ‘Deoxyribonucleic Acid’, a molecule 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 pa......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)

....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......djudicate any question arising 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 a......titioner thereafter was elected as Managing Director of the Company for the period until otherwise decided by the Board. On 7-10-2000 the Board of Directors of the company adopted a resolution in a meeting appointing Mr. Arifuzzaman Khan. Mr. Asifuzzaman Khan and Ms. Sayeda Refat Khan as Director..

Category: Company Law | Date: 12 Aug, 2008 | Hits: 18

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

....sident to reject the recommendation of the Commission is clearly intended to establish the supremacy of the executive over the judiciary and undermine the independence of the judiciary. By giving the power to the President to totally disregard the recommendation of the Commission, the Ordinance, in ......hellip;……………………….Respondents Judgment August 7, 2008. Result: The Rule is made absolute in part. Cases Referred to- Secretary, Ministry of Finance vs. Masdar Hossain 52 DLR (AD) 82; Ahsanullah vs. Bangladesh...... Ajmalul Hossain, QC, as Amicus Curiae, and Abdul Matin Khasru, MK Rahman and Syed Ahmed Raja. Writ Petition No. 3228 of 2003. Judgment Md. Abdur Rashid J.- Above Rule Nisi was issued calling upon the respondents to show cause as to why the Supreme Judicial Commission Ordinance, 2008......udges of the High Court Division, Attorney-General and the President of the Supreme Court Bar Association as members. 12. Chairman of the Commission, that is the Chief Justice, shall convene the meeting of the Commission if he is requested to do so for selection and recommendation of the names ..

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

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

....perusal of the Medical Report it appears that the accused-appellant Nasim has been suffering from serious illness endangering life. 12. Section 3Ka of the Emergency Powers Ordinance, 2007 empowers the Government to make Rules to bring offences under other laws within the mischief of the R......n case of short-sentence not exceeding 3 years, when the appeal could not be disposed of within 90 working days for no fault of the appellant and/or in the case of serious illness endangering life to be certified by duly constituted Medical Board, may consider the matter of granting bail in an a......nterval capsule area with left sided hemiplegia and HTN" and gave treatment. Thereafter a six-Member Review Medical Board having met in ICU on 26.06.2008 observed the condition of appellant "clinically stable but hemiplegia remains unchanged" and the prognosis was "possibility of deterioratio......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

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

.... The Narcotics Control Act, 1990 (Act No. 20 of 1990); section 22(ga) The offences prescribed under the Narcotics Control Act, 1990 are cognizable offence and therefore, the Police has the wide power to investigate the offences under the Act in view of the provisions laid down in Chapter XIV o......Narcotics Control Act, 1990 (Act No. 20 of 1990); section 22(ga) The offences prescribed under the Narcotics Control Act, 1990 are cognizable offence and therefore, the Police has the wide power to investigate the offences under the Act in view of the provisions laid down in Chapter XIV of Part...... No.7645 of 2002. Judgment Syed Md. Ziaul Karim J.- This Rule was issued, on an application under section 561A of the Code of Criminal Procedure, at the instance of the accused petitioners, calling upon the opposite party to show cause as to why the proceedings of Session Trial Case No.273......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)

....nd thereby reversing the judgment and decree passed by the trial court and hence no interference is called for by this court. 11. By now the settled principle of law in exercising the revisional power under Section 115 of the Code of Civil Procedure has been laid down in the several judicial pr......ellip;…………………………Opposite Parties Judgment July 30, 2008. Result: The Rule is discharged. Cases Referred to- Fatema Khatun Vs. Faizal Mia, 21 B.L.D.(H.C) 14; Khurshid Ali and others Vs. Noorjahan Bewa......d justified in arriving at its finding and decision in reversing the judgment and decree passed by the trial court because there is no misreading and non-consideration of the evidence on record which calls for no interference by this court in revisional jurisdiction. The learned Counsel further......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

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. ......esult: The Rule is disposed of with observations. 1. It is the duty of this Court and all other Courts as well as the other state departments, functionaries and agencies dealing with children, to keep in mind that the best interests of the child (accused or otherwise) must be considered first......il for Drug Trade” 2. In the light of the fact that the alleged offender was reported to be aged only eight years and, therefore, not liable for criminal prosecution, this Court issued Rule Nisi calling upon 1. The Metropolitan Police Commissioner, Khulna, 2. Chief Metropolitan Magistrate, Khul......or an appropriate body, in a manner consistent with the procedural rules of national law.” 25. Ms. Habibunnesa, learned advocate appearing before us, reports that in the instant case there was a meeting convened in Arifa's home village in the presence of the local Chairman and other elders of t..

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

Kazi Salahuddin Vs. Kazi Badruzzahedin (Dabir) and others, 2008, 37 CLC (AD)

....e does not call for interference by this court. We find no merit in this petition which is accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 113. ...... A. F. M. Meshbahuddin, Senior Advocate, instructed by Zahirul Islam, Advocate-on-Record-For Respondent No. 1. Not represented- Respondent Nos. 2-3. Civil Petition for Leave to Appeal No. 136 of 2008. (From the judgment and order dated 26.11.2007 passed by the Hi......or and other materials on record. 17. We find that the High Court Division has rightly exercised the jurisdiction vested in it under Article 102 of the Constitution and the same does not call for interference by this court. We find no merit in this petition which is accordingl......e does not call for interference by this court. We find no merit in this petition which is accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 113. ..

Category: Trust/Waqf Law | Date: 22 Jul, 2008 | Hits: 166

Reckitt Benckiser (Bangladesh) Ltd. Vs. Oram Limited, Sale Centre, 2008, 37 CLC (HCD)

....�� রোয়েদাদ বাতিল করিতে পারিবে।” A mere reading of section 42 (1) of the Act shows that the “আদালত” has been given wide power to set aside an award given by an arbitral tribunal except an international commercial Arbitra......hellip;……………………….Opposite Party Judgment July 13, 2008. Result: The Rule is made absolute. Case Referred to- Punjab Ali Pramanik and others Vs. Mohd. Mokarram Hossain, 29 DLR (SC) 185. Lawyers In......For the Petitioner. Amirul Islam with, Tania Amir and Anwar Patwary- For the Opposite Party. Civil Revision No.4613 of 2007. Judgment Md. Abdul Wahhab Miah J.-This rule was issued calling upon the opposite party to show cause as to why order No.3 dated 16.8.2007 passed the Distri......pany which controls the affairs and the business of the company. Mr. Huq by referring to article 131 made further specific submission that the said article having specifically provided that all Board meetings of the company shall be held in Bangladesh and the Directors shall be entitled to exer..

Category: Alternative Dispute Resolution | Date: 13 Jul, 2008 | Hits: 18

Nadia Khalil Vs. Rudess Karim, 2008, 37 CLC (HCD)

....ade absolute. The Family Courts Ordinance 1985 (Ordinance No. XVIII of 1985); section 16A Condition precedent for invoking section 16A Section 16A of the Ordinance has empowered the family court to exercise discretion in respect of passing any interim order since the e...... The Family Courts Ordinance 1985 (Ordinance No. XVIII of 1985); section 16A Condition precedent for invoking section 16A Section 16A of the Ordinance has empowered the family court to exercise discretion in respect of passing any interim order since the exercise of power under th......of 2008 on 17.2.2008 both under Section 5(e) of the Family Courts Ordinance, 1985. Both the parties in their respective family suit prayed for custody of their minor daughter Radyna Karim practically in the manner that the husband Mr. Rudess Karim prayed for the retention of the custody of th...... However, there shall be no order as to costs. Let a copy of the judgment be sent down to the courts below at once. Ed. This Case is also Reported in: 28 BLD (HCD) (2008) 599. ..

Category: Family Law | Date: 17 Jun, 2008 | Hits: 19

Golam Md. Shiblee Vs. Second Labor Court, 2008, 37 CLC (HCD)

....ir Lordships further held that "in the instant case, we do not find any such finding regarding the enquiry proceeding held by the domestic Tribunal or that the Authority has exceeded its jurisdiction/power given to it to make it invalid or without lawful authority or that the Authority having initia....... Second Labor Court ……………………..........................................Respondents Judgment June 17, 2008. Result: The Rule is discharged without any order as to cost. Case Referred to- James Finally PLC Vs. Chairman 2nd Labors Court, 57 DLR (AD) 19......Alam Khan, Advocate — For Respondent No. 2. Criminal Appeal No. 4348 of 2003. Judgment SM Emdadul Hoque J. - In the instant writ petition the Rule was issued calling upon the respondent Nos. 1 and 2 to show cause as to why the decision dated 28-5-2003 passed......terfere with the findings of the Labors Court. In the result, the Rule is discharged however, without any order as to cost. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 49. ..

Category: Labour and Industrial Law | Date: 17 Jun, 2008 | Hits: 30

State Vs. Ershad Sheikh, 2008, 37 CLC (HCD)

....wry had not been proved and therefore trial by the Bishesh Adalat was vitiated and accordingly setting aside the judgment and order of conviction and sentence sent the case to the Magistrate having power to take cognizance for proceeding with the case in accordance with the provisions of the Code ......�Appellant Vs. Ershad Sheikh……………………Condemned-Prisoner Judgment June 17, 2008. Result: The reference is rejected. The jail appeal is allowed. Cases Referred to- State Vs. Mannan Gazi, 6 BLC 187; Asiman Begum Vs. State, 51 DLR (AD) 18; 51 DLR (AD) 18; Abd......ad altercation with the deceased. Thereafter the informant went out to work as a labourer. The deceased also went to the neighbouring house of Shahjahan Mia, wherefrom at about 11-00 AM the accused called and took her to the house of the informant and in the dwelling hut caused her death for dowry......vidence recorded by the Tribunal. Send down the lower Court's records with a copy of this judgment for information and compliance. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 183. ..

Category: Women and Children | Date: 17 Jun, 2008 | Hits: 157

Unilever Bangladesh Ltd. Vs. Chairman, National Board of Revenue and others, 2008, 37 CLC (HCD)

....s manufactured by the petitioner company as mentioned in both the Writ petitions. Communicate this order at once. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 156. ......oner Vs. Chairman, National Board of Revenue and others………………Respondents Judgment June 11, 2008. Result: These Rules are made absolute without any order as to cost. Lawyers Involved: Omar Sadat, Advocate — For the Petitioner. Sathika Hu......ard together and disposed of by this single judgment as they do involve similar question of fact and law as well as the petitioner is same. 2. In Writ Petition No.8679 of 2006 Rule was issued calling upon the respondents No. 1 to show cause as to why they shall not be directed not to allow ......s manufactured by the petitioner company as mentioned in both the Writ petitions. Communicate this order at once. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 156. ..

Category: Fiscal/Taxation Law | Date: 11 Jun, 2008 | Hits: 9

A.B.M. Khaliquzzaman and others Vs. United Commercial Bank Ltd. and others, 2008, 37 CLC (HCD)

....n is merely an opinion as opposed to being a condition imposed on the Bank by the SEC. Given that the SEC has otherwise under Section 2CC of the Securities and Exchange Ordinance, 1969 the specific power to impose conditions, Dr. Zahir also points out that there is no reference in the opinion to...........Petitioner (In Matter No.05 of 2008) Vs. United Commercial Bank Ltd., 60 Motijheel Commercial Area, Dhaka represented by Mirza Mohammad Rofiqur Rahman, Secretary, Board of Directors and others...............................................Respondents (In Matter Nos.01, 10 and......r non-prosecution by this Court's Order dated 26.11.2007. 4. This Court in disposing of Company Matter Nos.134 of 2005 and 149 of 2007 by a common judgment on 26.11.2007 condoned the delay in calling and holding the AGMs for the calendar years 2003, 2004, 2005 and 2006 and permitted the Ban......ady been declared by this Court in its judgment in Matter Nos.134 of 2005 and 149 of 2007 to have been issued without lawful authority. It is submitted further that at that earlier date when the meetings for the years 2003 and 2004 were to be held within 60 days of the SEC directive dated 4.9...

Category: Company Law | Date: 11 Jun, 2008 | Hits: 43

Haji Nasirullah and another Vs. Government of Bangladesh and others, 2008, 37 CLC (HCD)

.... "Before the Deputy Commissioner acquires the jurisdiction to publish a notice under Section 3 an agreement with the non-Government requiring body is a sine qua non for the exercise of such power. It is a condition precedent. It cannot be whittled down by any device." 26. In the ...... Vs. Government of Bangladesh and others............Respondents Judgment June 12, 2008. Result: Writ Petition No.1448 of 2008 and 3071 are disposed of. Cases Referred to- M. A. Salam Vs. Government of the People's Republic of Bangladesh represented by the Se......he shops to the affected shop owners having valid title to the acquired land on priority basis before giving allotment to others. The order of stay passed in Writ Petition No.1448 of 2008 is hereby recalled and vacated. No order as to costs. The Rule issued in Writ Petition No.3071 of 2008......ed. No order as to costs. The Rule issued in Writ Petition No.3071 of 2008 is discharged without any order as to costs. Ed. This Case is also Reported in: 29 BLD (HCD) (2009) 7. ..

Category: Property Law | Date: 8 Jun, 2008 | Hits: 11

Md. Emdad Hossain and another Vs. Bangladesh Biman Corporation and others, 2008, 37 CLC (HCD)

.... after both the petitioners joined the service of the Biman. It is important to note here that Regulations made under the authority of an Act/Ordinance cannot have retrospective effect unless such power is given in the parent enactment. In the present case, the Bangladesh Biman Corporation Ordin......on and others…………………………………… Respondents Judgment June 4, 2008. Result: The Rules are made absolute. Amendment of a plaint dates back to the filing of the suit. But the amendment of a substantive law by way of repeal or addition cann......ervice are declared to have been passed without lawful authority having no legal effect. There is no order as to costs. Ed. This Case is also Reported in: 28 BLD (HCD) (2008) 461. ......ervice are declared to have been passed without lawful authority having no legal effect. There is no order as to costs. Ed. This Case is also Reported in: 28 BLD (HCD) (2008) 461. ..

Category: Procedural Law | Date: 4 Jun, 2008 | Hits: 7

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