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....রতিবেদন দাখিল করিবেন।
বিচারপতি মোঃ আবু তারিক.-আমি একমত।
Ed.
This Case is also Reported in:
......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......ng 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 the respondents are hereby restrained from proceeding with......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)
....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. ...... 485. ......rvice 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 Court may seem fit and proper. 2. It has been asserted in the writ petition that the writ petitioner was appointed as Se......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। ......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......ng 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 the respondents are hereby restrained from proceeding with......্কে তাহাদের প্রতিবেদন দাখিল করিবেন। বিচারপতি মোঃ আবু তারিক.- আমি একমত। ..Category: Constitutional Law | Date: 18 Nov, 2008 | Hits: 167
....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.
......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 ......laxing their educational qualification, whereas they have only SSC, I.Com and HSC Degree respectively. Thereafter, the petitioner submitted an application to the Director General of the Board through proper channel on 16- 4-2004 for giving him promotion to the post of Deputy Director in considering ......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)
....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. ......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......-9-2004 decreed the suit ex parte. 5. The bank, then put the decree in execution in Execution Case No. 13 of 2005 against the petitioner. Consequently, all steps were taken to sell the mortgaged property in auction but with no effect. Then, on 6-10-2005 at the instance of the bank the Court iss......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
....ecourse to relief
against the defendant Nos. 1 and 2; and
c. the defendant Nos. 1 and 2 are necessary
and proper parties to the suit and, as such, their presence is required for
effectual and complete adjudication of the real controversy involved in the
suit.
6. In enunciating the l......
(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......that of the principal debtor,
i.e. defendant Nos. 3 and 4;
b. the plaintiff has recourse to relief
against the defendant Nos. 1 and 2; and
c. the defendant Nos. 1 and 2 are necessary
and proper parties to the suit and, as such, their presence is required for
effectual and complete adju......o relief
against the defendant Nos. 1 and 2; and
c. the defendant Nos. 1 and 2 are necessary
and proper parties to the suit and, as such, their presence is required for
effectual and complete adjudication of the real controversy involved in the
suit.
6. In enunciating the law in thi..
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)
....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. ......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......f the Act have effect in relation to that State. 13. It seems that the provision of section 4 of the Act escaped the notice of the Ministry of Home Affairs. After more than 7 years it would not be proper to give an opportunity allowing the Government to initiate a committal proceeding under sec......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
....pondent No. 4, escorted by a two member team of the petitioner-samity (to be selected by the Samity). The entire cost shall be borne by respondent No. 4. It is also directed that the said DNA test be completed within 4(four) months from date as prayed for by the learned Advocate for the respondent N......)
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......ghts. Since the seven children are helpless and their actual parents are not available, we are inclined to keep them in the custody of Bangladesh Jatiyo Mohila Ainjibi Samity which is willing to take proper care of the children at their cost. The children shall remain in shelter home of Bangladesh J......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
....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.
......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......93 of
the Companies Act, 1994 and to take appropriate step on hearing the petitioners
and the respondent No.2 and/or to pass such other or further order or orders as
to this Court may seem fit and proper.
2. It has been asserted in the writ
petition that the petitioner is the Managing Direc...... to assume jurisdiction where the same has
been specifically conferred upon it. Unless such jurisdiction is available, the
Company Bench of the High Court Division cannot entertain any dispute for
adjudication which has also been correctly held his Lordship Mr. Shamim Hasnain as a Company Judge.
..
Category: Company Law | Date: 12 Aug, 2008 | Hits: 18
Idrisur Rahman (Md) Vs. Bangladesh, 2008, 37 CLC (HCD)
....ry was elaborated by the Appellate Division in now famous case of the Secretary, Ministry of Finance vs Masdar Hossain 52 DLR (AD) 82 in which the Appellate Division issued 12 directives for ensuring complete and full separation and independence of the judiciary from the executive and legislative or...... 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......nged on the ground of absence of emergency, the Court may start with a presumption of the existence of emergency as the executive's assertion of the existence of emergency should be given due and proper weight. Every casual and passing challenge to the existence of the necessary circumstances ca......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)
....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. ......sent: Md. Muzammel Hossain J Syed AB Mahmudul Huq J Mohammad Nasim……………………………………………………………………….Appellant Vs. The State and another…………………………………………………………………Respondents ...... there under to suffer rigorous imprisonment for a period of 10(ten) years and to pay a fine of Tk. 10,00,000/- in default to suffer rigorous imprisonment for 1(one) year and also confiscated the properties acquired through improper means, disproportionate to lawful source of income in the na......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
.... 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.
......Md. Dabirush-Shan J
S.M. Mohiuddin Hossain…………………………Petitioner
Vs.
Jalalabad Co-Operative Housing Society Limited and others………….Opposite Parties
Judgment
August 5, 2008.
......t of Senior Assistant Judge, 5th Court, Sadar, Chittagong on 19.11.1992 being Other Suit No.3 of 1995 with a prayer for permanent injunction and the restrain to defendants from entering into the suit property and not to evict plaintiff and not to do any harm to the properties and houses therein...... 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
Motahera Begum and others Vs. Abdul Monaf and others, 2008, 37 CLC (HCD)
....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. ......is also Reported in: 29 BLD (HCD) (2009) 402. ...... was recorded in R.S. Plot No.106 an area of 1.39 acres and in R.S. Plot No.110 an area of 11 decimals in R.S. Khatian No.1. The plaintiff’s predecessor was a sailor and that he had no land and property of his own. During the liberation war he was in West Pakistan and he was in service and aft......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. ......pecial Original Jurisdiction) Present: Md. Imman Ali J Md. Emdadul Huq J The State.......................................Petitioner Vs. The Metropolitan Police Commissioner, Khulna and others..............Respondents Judgment July 22, 2008. Result: The Rule is disposed......tion and assistance must be provided and there must be alternative care for the child. 7. Steps must be taken to assist the parents to mend their ways and to provide a congenial atmosphere for the proper development of the child. 8. If a child is detained or placed in the care of someone other......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
Md. Abdul Jabber Biswas and others Vs. Aysha Khatoon and others, 2008, 37 CLC (HCD)
....er Court's Records immediately. However, there is no order as to costs. Ed. This Case is also Reported in: 29 BLD (HCD) (2009) 28. ......) 28. ......disputed holding and the preemption proceeding is not barred by limitation or by the principle of estoppel, waiver and acquiescence, nor suffers from any defect of parties, rather the courts below on proper consideration of the materials on records concurrently found that the preemptors are entitled......er Court's Records immediately. However, there is no order as to costs. Ed. This Case is also Reported in: 29 BLD (HCD) (2009) 28. ..Category: Property Law | Date: 21 Jul, 2008 | Hits: 3
Md. Abdul Jabber Biswas Vs. Aysha Khatoon and others, 2008, 37 CLC (HCD)
.... the Lower Court's Records immediately. 13. However, there is no order as to costs. Ed. This Case is also Reported in: 29 BLD (HCD) (2009) 28. ...... (HCD) (2009) 28. ......disputed holding and the preemption proceeding is not barred by limitation or by the principle of estoppel, waiver and acquiescence, nor suffers from any defect of parties, rather the courts below on proper consideration of the materials on records concurrently found that the preemptors are entitled...... the Lower Court's Records immediately. 13. However, there is no order as to costs. Ed. This Case is also Reported in: 29 BLD (HCD) (2009) 28. ..Category: Property Law, Tenancy Law | Date: 21 Jul, 2008 | Hits: 5
Reckitt Benckiser (Bangladesh) Ltd. Vs. Oram Limited, Sale Centre, 2008, 37 CLC (HCD)
.... of the either of the parties. The office is directed to send a copy of this judgment to the court below immediately. Ed. This Case is also Reported in: 29 BLD (HCD) (2009) 238. ......p;……………….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 Involved: Rafique-ul-Huq w......16.8.2007 passed the District Judge, Dhaka in Arbitration Miscellaneous Case No.661 of 2007 should not be set aside and or pass such other or further order or orders as to this court may seem fit and proper. 2. Short facts, necessary for disposal of this revision are that a dispute having been ...... of the either of the parties. The office is directed to send a copy of this judgment to the court below immediately. Ed. This Case is also Reported in: 29 BLD (HCD) (2009) 238. ..Category: Alternative Dispute Resolution | Date: 13 Jul, 2008 | Hits: 18
Abdul Hannan Vs. State, 2008, 37 CLC (HCD)
..... P.W. 13, Dr. Minhajuddin Chowdhury deposed that on 25-1-1980 he held post mortem on the dead body of Afazuddin and found the following injuries: 1. On external examination he found the head is completely separated from the body at the level of second cervical vertebra by an incised wound cutt......Confession Before a confession can be accepted in evidence, it must be established by cogent evidence that what were the exact words used by the accused. Even if so much is established, prudence and justice demand that such evidence cannot be made the sole ground of conviction. It may be used o......ting the evidence in its entirety solely on the ground that the same is not acceptable in respect of some of the accused……………………..(65) The proper procedure for appreciation of evidence of a witness is in its entirety and not to bank on a p......h any other case. Send down the lower Court's records along with a copy of judgment expeditiously. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 713, 29 BLD (HCD) (2009) 189. ..Category: Evidence Law | Date: 29 Jun, 2008 | Hits: 175
Khairul Amin and others Vs. Md. Saidul Hoque & another, 2008, 37 CLC (HCD)
.... Code of Civil Procedure is not called for. Accordingly, this Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 252. ...... is also Reported in: 61 DLR (HCD) (2009) 252. ......assed by the learned Senior Assistant Judge (in-charge), Sitakunda in other Suit No. 2 of 1998 should not be set aside and or pass such or further order or orders as to this Court may seem fit and proper. 2. The opposite party No.1 as plaintiff instituted Other Suit No.2 of 1998 before the ......ed with his signature appearing on the deed of re-conveyance dated 9-3-80 with his signature appearing on all the pages of the written statement and also on the Vokalatnama for proper and effectual adjudication of the dispute involved in the suit. The provisional Court below has also compensated ..Category: Evidence Law | Date: 19 Jun, 2008 | Hits: 8
Ahmed Hossain (Md.) and others Vs. Nasima Khatun and another, 2008, 37 CLC (HCD)
....al law enacted for special cases in special circumstances in contradistinction to the rules of law applicable generally to all cases with which the general Code of Criminal Procedure deals: It is a complete Code in itself. Section 30(1) of the Act provides that an appeal from any order, judgment a......d in: 13 BLC (HCD) (2008) 828. ......aint, there is no bar to file a fresh complaint as it appears in the Code of Criminal Procedure, without preferring appeal under the Ain, 2000, so the impugned order of framing charge is just and proper. 8. Mr. Osman Gani, the learned Assistant Attorney-General, appearing for the State resp....... Accordingly, the accused appellants are discharged from the charge. Office is directed to communicate the order at once. Ed. This Case is also Reported in: 13 BLC (HCD) (2008) 828. ..Category: Women and Children | Date: 18 Jun, 2008 | Hits: 28
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