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

....the service on 25-8-1984 i.e. 2 years after the Service Rules came into force but during the said period when there was dearth of qualified Engineers the Bangladesh Power Development Board like other Government Institutions acted under compelling circumstances, similar to the provision in circular...... ......M Zahir, Senior Advocate with Azizul Huq Advocate, instructed by Md. Aftab Hossain, Advocate-on Record-For the Respondents (As added). Civil Appeal Nos. 341-358 of 2003. (From the judgment and order dated the 16th day of March, 2003 passed by the High Court Division in Writ Petition Nos.2...... Mohammad Fazlul Karim J Joynul Abedin J SAN Mominur Rahman J Bangladesh Power Development Board & others.........Appellants Vs. Abu Bakar Siddique & anothers………………………..Respondents Judgment ..

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

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

....as been further submitted by the learned Advocates that Biman Bangladesh Airlines Limited is a public body within the meaning of the said Service Regulations and 100% shares of Biman are owned by the Government. He therefore, submits that Bangladesh Biman Airlines Limited is not a private company ......upreme Court High Court Division (Special Original Jurisdiction) Present: Tariq ul Hakim J Md. Azizul Haque J Emran Ahmed & 20 anothers…………….....Petitioners Vs. Bangladesh and others…………………Respondents Judgment June 2, 2009. Result: All......t High Court Division (Special Original Jurisdiction) Present: Tariq ul Hakim J Md. Azizul Haque J Emran Ahmed & 20 anothers…………….....Petitioners Vs. Bangladesh and others…………………Respondents Judgment June 2, 2009. Result: All the Rules ......213. ..

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

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

.... Division (Special Original Jurisdiction) Present: Syed Mahmud Hossain J Quamrul Islam Siddiqui J Bangladesh National Women Lawyers Association (BNWLA)...... the petitioner Vs. Government of Bangladesh and Others...... the respondents Judgment May 14, 2009. Cases Re......rted in: 29 BLD (HCD) (2009) 415, 14 BLC (HCD)(2009) 694. ......iginal Jurisdiction) Present: Syed Mahmud Hossain J Quamrul Islam Siddiqui 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......h Court Division (Special Original Jurisdiction) Present: Syed Mahmud Hossain J Quamrul Islam Siddiqui J Bangladesh National Women Lawyers Association (BNWLA)...... the petitioner Vs. Government of Bangladesh and Others...... the respondents Judgment May 14, 2009. C..

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

State Vs. Anjali Debi alias Monju Debi, 2009, 38 CLC (HCD)

....e applied in a case when there is possibility of acquittal or the fact does not invite any harsh sentence. It can be seen that from the year 1983 up to 2003, special laws have been promulgated by the Government for safety of woman's body, but there is no achievement, rather parallel laws are running......e. It can be seen that from the year 1983 up to 2003, special laws have been promulgated by the Government for safety of woman's body, but there is no achievement, rather parallel laws are running in Bangladesh. Principle of natural justice speaks that when there are two parallel laws, harsh law sho......�…............................Appellant Vs. Anjali Debi alias Monju Debi………….Condemned Prisoner Judgment May 5, 2009. Result: The Death Reference is rejected and connected Criminal Appeal with the Jail Appeal is allowed. The Nari-o-Shishu Nirjata......gh Court Division (Criminal Appellate Jurisdiction) Present: Sharifuddin Chaklader J Md. Emdadul Haque Azad J State. ……………............................Appellant Vs. Anjali Debi alias Monju Debi………….Condemned Prisoner Judgment May 5, 2009...

Category: Women and Children | Date: 5 May, 2009 | Hits: 75

Zahed Hossain (Md.) Vs. State and another, 2009, 38 CLC (HCD)

....t be quashed and the same may continue as well. I like to add the above few words in support of my learned brother and I agree. Ed. This Case is also Reported in:61 DLR (HCD) (2009) 386. ...... common to notes, bills and cheques which has confined its application to the three kinds of Instruments stated hereinbefore. 29. Many changes in the political and economic life of the people of Bangladesh, especially after the advent of independence, have taken place which has invested the sta......ion (Criminal Miscellaneous Jurisdiction) Present: Siddiqur Rahman Miah J Md. Ataur Rahman Khan J Zahed Hossain (Md.) …………… Accused Petitioner Vs. State and another …………………………Opposite Parties Judgment April 29, 2009. R......High Court Division (Criminal Miscellaneous Jurisdiction) Present: Siddiqur Rahman Miah J Md. Ataur Rahman Khan J Zahed Hossain (Md.) …………… Accused Petitioner Vs. State and another …………………………Opposite Parties Judgment April ..

Category: Procedural Law | Date: 29 Apr, 2009 | Hits: 135

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

....h Court Division, in short, are that petitioner No.1 who started his career on 20.03.1968 as a Lecturer of Chemistry in the Carmichael College and on 16.12.2003 retired as Principal of the Palashbari Government College at Gaibandha after a teaching career of thirty five years. Petitioner No.2 is his......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. ......ion (Civil) Present: MM Ruhul Amin CJ Md. Abdul Matin J Md. Abdul Aziz J Dr. M. A. Yahia.......................................Petitioner Vs. Md. Abdul Quader and others....................Respondents Judgment April 15, 2009. Result: The ......Court Appellate Division (Civil) Present: MM Ruhul Amin CJ Md. Abdul Matin J Md. Abdul Aziz J Dr. M. A. Yahia.......................................Petitioner Vs. Md. Abdul Quader and others....................Respondents Judgment April 15, 200..

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

Md. Abdur Rashid & others Vs. Most. Amena Khatun and others, 2009, 38 CLC (HCD)

....e aforesaid Heba-bil-ewaz deeds got the suit jama mutated in her name vide Mutation Case No.298/9-2/97-98 and 299/9-2/97-98 and since then has been possessing the suit land by paying rent to the Government. It is further contended that the plaintiffs without having any right title and interest ...... is discharged, however, without any order as to costs. Send down the Lower Court Records at once. Ed. This Case is also Reported in: 29 BLD (HCD) (2009) 296. ......Ahmed J Md. Abdur Rashid & others……………………………………Petitioners Vs. Most. Amena Khatun and others…………………………Respondent......Present: Afzal Hossain Ahmed J Md. Abdur Rashid & others……………………………………Petitioners Vs. Most. Amena Khatun and others…………………&helli..

Category: Property Law | Date: 13 Apr, 2009 | Hits: 2

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. ......with ulterior motive she converted them as a written statement by the defendant No.1 admitting the contract and prayed for dismissal for the suit. 4. The defendant No.3, the People's Republic of Bangladesh contested the suit by filing written statement contending, inter alia, that the suit is n......t any order as to cost. Ed. This Case is also Reported in: VII ADC (2010) 155. ......ed in: VII ADC (2010) 155. ..

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

Zahida Ahmed (Liza) Vs. Syed Noor Uddin Ahmed and another, 2009, 38 CLC (HCD)

.... There is no order as to costs. Quamrul Islam Siddiqui J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 168, 29 BLD (HCD) (2009) 375, 14 MLR (HCD) (2009) 465. ......or the respondents. Writ Petition No.1344 of 2009. Judgment Syed Mahmud Hossain J.- In this application under Article 102 of the Constitution of the People's Republic of Bangladesh, a Rule Nisi has been issued calling upon the respondents to show cause as to why th...... Hossain J Quamrul Islam Siddique J Zahida Ahmed (Liza)……………………………Petitioner Vs. Syed Noor Uddin Ahmed and another……………………………&...... Present: Syed Mahmud Hossain J Quamrul Islam Siddique J Zahida Ahmed (Liza)……………………………Petitioner Vs. Syed Noor Uddin Ahmed and another…………………&h..

Category: Family Law, Women and Children | Date: 16 Mar, 2009 | Hits: 182

Aysha Begum Vs. State, 2009, 38 CLC (HCD)

....II in her school and that as per admission register her (victim's) date of birth was recorded as 20-12-1993. He submits that Annexure-G, National Identity Card being No. 293122001732 issued by Kuwait Government also shows that her date of birth as recorded there was 20-12-1993. The tuition fees real......tim Nurun Nahar Auntu is her daughter. Both she and her husband along with their aforesaid victim daughter had been living at Kuwait. Before 6 months of the occurrence she sent her victim daughter to Bangladesh to her maternal grandmother's house to prosecute her studies by staying with her. At the ......t Vs. State ……………….................................Respondent Judgment March 12, 2009. Result: The Rule in Criminal Misc. Case No.13454 of 2008 is discharged and Criminal Appeal No. 6945 of 2008 is allowed. Ad interim bail in Nari-o-Shishu case ......ourt High Court Division (Criminal Appellate Jurisdiction) Present: Sheikh Rezowan Ali J Md. Raisuddin J Aysha Begum……………........................Appellant Vs. State ……………….................................Respondent Judgment Marc..

Category: Women and Children | Date: 12 Mar, 2009 | Hits: 23

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

....igh Court Division (Special Original Jurisdiction) Present: Md. Imman Ali J Sheikh Abdul Awal J Fahima Nasrin, daughter of Abul Hashem Mia........................Petitioner Vs. Government of Bangladesh and others..........................Respondents Judgment February 11......sion (Special Original Jurisdiction) Present: Md. Imman Ali J Sheikh Abdul Awal J Fahima Nasrin, daughter of Abul Hashem Mia........................Petitioner Vs. Government of Bangladesh and others..........................Respondents Judgment February 11, 2009. Res......pecial Original Jurisdiction) Present: Md. Imman Ali J Sheikh Abdul Awal J Fahima Nasrin, daughter of Abul Hashem Mia........................Petitioner Vs. Government of Bangladesh and others..........................Respondents Judgment February 11, 2009. Result: The......urt High Court Division (Special Original Jurisdiction) Present: Md. Imman Ali J Sheikh Abdul Awal J Fahima Nasrin, daughter of Abul Hashem Mia........................Petitioner Vs. Government of Bangladesh and others..........................Respondents Judgment Feb..

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

A. J. M. Helal & others Vs. Bangladesh and others, 2009, 38 CLC (HCD)

....Md. Shahajada, Advocate-For the Petitioner (In Writ Petition No.3524 of 2008). M. Faruque, Advocate-For the Respondent No.3. Md. Abdus Samad Kamal, Deputy Attorney-General-For the Government-Respondents (In all cases) Writ Petition No.3058 of 2008, Writ Petition No.6720-21 o......hellip;………………………………………………………Petitioner Vs. Bangladesh and others………………………&hellip......lip;……………………………………………………Petitioner Vs. Bangladesh and others……………………………&h......M. Helal…………………………………………………………Petitioner Vs. Bangladesh and others……………………&helli..

Category: Corporate Law | Date: 9 Feb, 2009 | Hits: 5

AJM Helal Vs. Bangladesh and others, 2009, 38 CLC (HCD)

....rs are directed to surrender their respective bail bond within 2(two) months from date. Communicate this judgment at once. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 479. ...... Court High Court Division (Special Original Jurisdiction) Present: Md. Imman Ali J Sheikh Abdul Awal J AJM Helal…………....................Petitioner Vs. Bangladesh and others.........Respondents Judgment February 9, 2009. Result: The...... High Court Division (Special Original Jurisdiction) Present: Md. Imman Ali J Sheikh Abdul Awal J AJM Helal…………....................Petitioner Vs. Bangladesh and others.........Respondents Judgment February 9, 2009. Result: These Rules ar...... ..

Category: Civil Law | Date: 9 Feb, 2009 | Hits: 45

Sontosh Kumar Shaha Vs. Government of Bangladesh and others, 2009, 38 CLC (HCD)

....adul Hoque Chowdhury J Sontosh Kumar Shaha…………………………………………Petitioner Vs. Government of Bangladesh and others………………Respondents ......wdhury J Sontosh Kumar Shaha…………………………………………Petitioner Vs. Government of Bangladesh and others………………Respondents Judgment ...... Sontosh Kumar Shaha…………………………………………Petitioner Vs. Government of Bangladesh and others………………Respondents Judgment February 5......S. M. Emdadul Hoque Chowdhury J Sontosh Kumar Shaha…………………………………………Petitioner Vs. Government of Bangladesh and others………………Responde..

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

Abdul Latif Howlader and others Government of Bangladesh and others, 2009, 38 CLC (HCD)

....l Islam J Abdul Latif Howlader and others…………………………………………Petitioners Vs. Government of Bangladesh, represented by The Secretary, Ministry of Forrest and Environment, Banglad...... Abdul Latif Howlader and others…………………………………………Petitioners Vs. Government of Bangladesh, represented by The Secretary, Ministry of Forrest and Environment, Bangladesh and others......LD (HCD) (2009) 280. ....... Ashfaqul Islam J Abdul Latif Howlader and others…………………………………………Petitioners Vs. Government of Bangladesh, represented by The Secretary, Ministry of Forrest and Environment..

Category: Administrative Law, Employment/Service Law | Date: 21 Jan, 2009 | Hits: 1

Dr. Shipra Chaudhury and another Vs. Government of Bangladesh and others, 2009, 38 CLC (HCD)

....urisdiction) Present: Syed Mahmud Hossain J Quamrul Islam Siddiqui J Dr. Shipra Chaudhury and another………………Petitioners Vs. Government of Bangladesh and others…………Respondents Judgment Ja...... Present: Syed Mahmud Hossain J Quamrul Islam Siddiqui J Dr. Shipra Chaudhury and another………………Petitioners Vs. Government of Bangladesh and others…………Respondents Judgment January 19, 2009......) 183. ......riginal Jurisdiction) Present: Syed Mahmud Hossain J Quamrul Islam Siddiqui J Dr. Shipra Chaudhury and another………………Petitioners Vs. Government of Bangladesh and others…………Respondents Judgmen..

Category: Women and Children | Date: 19 Jan, 2009 | Hits: 10

Gour Netai Sri Sri Modan Mohan Das Bigraha Vs. Jahanara Islam Chowdhury and others, 2008, 37 CLC (HCD)

....pect of possession until disposal of the aforesaid matter by the learned District Judge. Send down the record at once. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 141. ...... appellant is a third party and, as such, he has got no authority to challenge the ex parte decree. The suit having been decided on the merits up to the Appellate Division of the Supreme Court of Bangladesh in favor of the respondents and so this appeal can't be admitted." (underlined by me) ......Division (Civil Revisional Jurisdiction) Present: Md. Abdur Rashid J Gour Netai Sri Sri Modan Mohan Das Bigraha…………… Petitioner Vs. Jahanara Islam Chowdhury and others………...Opposite Parties Judgment December 18, 2008. Result: The ...... Supreme Court High Court Division (Civil Revisional Jurisdiction) Present: Md. Abdur Rashid J Gour Netai Sri Sri Modan Mohan Das Bigraha…………… Petitioner Vs. Jahanara Islam Chowdhury and others………...Opposite Parties Judgment Decembe..

Category: Hindu Law | Date: 18 Dec, 2008 | Hits: 22

James Finaly Pic. Chittagong Vs. Government of Bangladesh and others, 2008, 37 CLC (AD)

.... Ruhul Amin CJ Md. Fazlul Karim J Md. Joynul Abedin J James Finaly Pic. Chittagong……………………Appellant Vs. Government of Bangladesh and others ............Respondents Judgment December 17, 2008.&n...... Md. Fazlul Karim J Md. Joynul Abedin J James Finaly Pic. Chittagong……………………Appellant Vs. Government of Bangladesh and others ............Respondents Judgment December 17, 2008. Resu......Fazlul Karim J Md. Joynul Abedin J James Finaly Pic. Chittagong……………………Appellant Vs. Government of Bangladesh and others ............Respondents Judgment December 17, 2008. Result: Th......: MM Ruhul Amin CJ Md. Fazlul Karim J Md. Joynul Abedin J James Finaly Pic. Chittagong……………………Appellant Vs. Government of Bangladesh and others ............Respondents Judgment December 17..

Category: Civil Law | Date: 17 Dec, 2008 | Hits: 7

Nazimuddin (Md.) Chairman Vs. Government of Bangladesh, 2008, 37 CLC (HCD)

.... Imman Ali J Md. Ashfaqul Islam J Nazimuddin (Md.) Chairman ……………………………… Accused-Petitioner Vs. Government of Bangladesh represented by the Secretary, Ministry of Law………&helli...... Md. Ashfaqul Islam J Nazimuddin (Md.) Chairman ……………………………… Accused-Petitioner Vs. Government of Bangladesh represented by the Secretary, Ministry of Law……………&hel...... 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) ...... Md. Imman Ali J Md. Ashfaqul Islam J Nazimuddin (Md.) Chairman ……………………………… Accused-Petitioner Vs. Government of Bangladesh represented by the Secretary, Ministry of Law……&hell..

Category: Anti-Corruption Laws | Date: 4 Dec, 2008 | Hits: 149

MM Ali Ispahani Vs. MM Ispahani Ltd., 2008, 37 CLC (HCD)

.... and while the registration of the above share transfers remained outstanding, the emergence of Bangladesh in December 1971 led to the Company and most of its sister companies to be taken over by the Government of Bangladesh as abandoned properties in early-1972 under President’s Order No. 16 ......uating fortunes of a corporate entity that has had to face the exigencies of sub-continental politics and state formation as evident in the Partition of the Sub-Continent in 1947 and the emergence of Bangladesh in 1971. It is evident that the vicissitudes of Pakistan’s internal politics, the i......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 ...... 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 Commercial Area, P.S. Motijheel, Dhaka and others…..

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

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