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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. ...... No. 2. Writ Petition No. 5635 of 2007 Judgment SM Ziaul Karim J. - This Rule Nisi was issued, on an application under Article 102 (2) of the Constitution of the People's Republic of Bangladesh, calling upon the respondents to show cause as to why the order No. 38 dated 10-4-2007 pa...... ...... 61 DLR (HCD) (2009) 638; 15 MLR (HCD) (2010) 1. ..

Category: Civil Law | Date: 5 Nov, 2008 | Hits: 168

United Edible Oils Ltd. Vs. London Steam Ship Owners' Mutual Insurance Association Ltd. and other(s), 2008, 37 CLC (HCD)

....endants in general, and the defendant Nos. 1 and 2 in particular, submit their Written Statements positively by 4-1-2009. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 244. ......rt. By that reason this Court is satisfied that the P&I clubs in both the suits have properly been imp leaded as defendant No. 1 in each Suit and by necessity leading to their correspondents in Bangladesh being imp leaded as parties as well. That being the case, this Court finds no hindrance ...... (2009) 244. ...... Vs. Chittagong Steel Mills Limited, 55 DLR 417; Bank of Bihar Limited Vs. Dr. Damodar Prasad, 1969 AIR (SC) 297. Lawyers Involved: Karishma Jahan, Advocate — For the Plaintiffs. Md. Hafizullah, Senior Advocate with Md. Ohiullah, Al-Amin Sarker and Nasreen Hafiz, Advocates — ..

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)

.... (2008) 843. ......Supreme Court 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: ......C (HCD) (2008) 843. ......ud Hossain J.- In this application under Article 102 of the Constitution of the People's Republic of Bangladesh, a Rule Nisi was issued calling upon the respondents to show cause as to why the detenu Md. Belial Hossain, son of Farid Miah alias Sabid Miah now detained at Noakhali District Jail should..

Category: Criminal Law | Date: 20 Aug, 2008 | Hits: 20

Bangladesh Jatiyo Mahila Ainjibi Samity (BJMAS) Vs. Ministry of Home Affairs and Others, 2008, 37 CLC (HCD)

....ratory NFDPL   Department of Forensic Medicine, Dhaka Medical College   Multi-Sectoral Programme on Violence Against Women (2nd Phase)   Ministry of Women and Children Affairs Government of the People’s Republic of Bangladesh”.  DNA ANALYSIS REPORT ON SIBLING TEST......n: 61 DLR (HCD) (2009) 371. ......bsp; (Special Original Jurisdiction)  Present:  Syed Mahmud Hossain J  Farid Ahmed J  Bangladesh Jatiyo Mahila Ainjibi Samity (BJMAS)....... ....Petitioner  Vs.  Ministry of Home Affairs and Others.............. Respondents  Judgment  ......(FB).  Lawyers Involved:  Mrs. Fawzia Karim Firoze with Mrs. Rebaka Sultan and Mrs. Sathi Shajahan-for the petitioner.  M. Sajawar Hossain-for respondent Nos.4 and 6.  Md. Asaduzzaman-for respondent No.5.  Mahmudul Islam-Amicus Curiae.  Writ Petition N..

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)

....nt share holders have been sold and transferred to the writ petitioner under the approval of the Board of Directors of the Company dated 1-4-1995 which was further approved by the respondent No. 7 Government of Bangladesh represented by the Secretary, Ministry of Industry as they were the seller......tion of the High Court Division Section 193 of the Companies Act, 1994 has not been articulated as a provision, which comes under the ambit of the Company Bench of the High Court Division of Bangladesh Supreme Court as provided in section 2(d) of the Companies Act, 1994. The provision of s...... Supreme Court High 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 ......mpany Bench to exercise any jurisdiction regarding any dispute arising out of the provision of section 193 of the Companies Act, 1994................................(13) Case Referred to- Md. Idris Vs. East Pakistan Timber Merchants Group, 20 DLR (SC) 335; Abdul Muhith Vs. Social Invest..

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

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

....mendation of the Commission to the President, which, in other words, mean that the meeting of the Commission and whether it should recommend names for appointment as judges is to be determined by the Government through its Ministry. 13. Under section 4(4) of the Ordinance five members out of ni......A Rashid J Nazmun Ara Sultana J Md. Ashfaqul Islam J Idrisur Rahman (Md)……………………………Petitioner Vs. Bangladesh……………………………&h......t: MA Rashid J Nazmun Ara Sultana J Md. Ashfaqul Islam J Idrisur Rahman (Md)……………………………Petitioner Vs. Bangladesh…………………………&......d. 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)

....ganizer of Bangladesh Lib­eration War, 1971; that he was an elected Member of Parliament for four terms and also a Minister of Home, Post and Telecommuni­cations and Housing and Works during the Government of Awami League; that on 24.06.2008 he had suffered brain haemor­rhage in Central Jail,......y his representative and subse­quently he submitted a supplementary state­ment of wealth to the A.C.C.; that he was the son of Ex-Prime Minister late M. Mansur Ali, a great hero and organizer of Bangladesh Lib­eration War, 1971; that he was an elected Member of Parliament for four terms and a......isdiction) Present: Md. Muzammel Hossain J Syed AB Mahmudul Huq J Mohammad Nasim……………………………………………………………………….Appellant Vs. The State and another…………………………………………………………......unicate the order. Ed. This Case is also Reported in: 28 BLD (HCD) (2008) 483. ..

Category: Criminal Law | Date: 6 Aug, 2008 | Hits: 4

S.M. Mohiuddin Hossain Vs. Jalalabad Co-Operative Housing Society Limited and others, 2008, 37 CLC (HCD)

....y walls in all sides of the "Ka" Schedule land and also put barbed wires on the wall running from North to West and north to south and the plaintiff also has his own path way connecting the Government Road. The plaintiff also constructed a tinshed semi pacca house having iron pillars at th...... 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. ......(Civil Jurisdiction) Present: Syed Abu Kowser Md. Dabirush-Shan J S.M. Mohiuddin Hossain…………………………Petitioner Vs. Jalalabad Co-Operative Housing Society Limited and others………….O......th 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)

....13-21, the defendant No.22 and in favour of the defendant No.5. Thereaf­ter settled the rest land i.e. the land of Sched­ule-3 land to the plaint remained as khas land which was vested to the Government by due operation of law. During S.A. operation the said land was recorded in R.S. Plot No......n 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 after liberation of Bangladesh he came to Bangladesh. Since the predecessor of the plaintiffs have no land they improved......resent: Syed Abu Kowser Md. Dabirush-Shan J Motahera Begum and others…………………………………Petitioners Vs. Abdul Monaf and others……………………&hell......f 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)

....of safety. The question is whether there is any such place suitable for a girl just over 9 years old. We are told that there is no place of safety or remand centre or safe home maintained by the Government in Khulna, but that there is such a place in Bagerhat, which is about 18 Kilometres away....... Supreme Court in People’s Union for Civil Liberties Vs. Union of India, 1997 SCC (Cri) 434; Minister for Immigration and Ethnic Affairs Vs. Teoh, (1995) 69 LJ 423, Hussain Muhammad Ershad Vs. Bangladesh 2001 BLD (AD)69=7 BLC (AD)67. Lawyers Involved: Ms. Fahima Nasrin, Advocate with Ms......D) 660. ......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

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

.... got its share in the petitioner company and two of its Directors one of the rank of additional secretary and another of the rank of joint secretary of the Ministry of Industries are nominated by the Government, so the employees of the com­pany are public servants within the meaning of section 2......eported in: 29 BLD (HCD) (2009) 238. ...... Reckitt Benckiser (Bangladesh) Ltd……………………………………………….Petitioner Vs. Oram Limited, Sale Centre……………………&h......gment 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

Ahmed Hossain (Md.) and others Vs. Nasima Khatun and another, 2008, 37 CLC (HCD)

....i Bank Vs. Tafazal Hossain, 44 DLR (AD) 260; Wolverhampton New Waterworks Co. Vs. Hawkesford, 6 CBN 6.336; House of Lords in Nevile Vs. London Express Newspaper, 1991 AC 368; Jogesh Chandra Dutta Vs. Government of Bangladesh, 30 DLR 219; Rafiqul Alam Vs. Mostafa Kamal, 42 DLR (AD) 137; Kamruzzaman V......azal Hossain, 44 DLR (AD) 260; Wolverhampton New Waterworks Co. Vs. Hawkesford, 6 CBN 6.336; House of Lords in Nevile Vs. London Express Newspaper, 1991 AC 368; Jogesh Chandra Dutta Vs. Government of Bangladesh, 30 DLR 219; Rafiqul Alam Vs. Mostafa Kamal, 42 DLR (AD) 137; Kamruzzaman Vs. State, 1990...... Court Division (Criminal Appellate Jurisdiction) Present: Md. Abdul Quddus J SM Ziaul Karim J Ahmed Hossain (Md.) and others……………………Accused Appellants Vs. Nasima Khatun and another……………………….....Respondents Judgment Ju......mmunicate 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

City Bank Ltd. Vs. Artha Rin Adalat No.1 Dhaka and others, 2008, 37 CLC (HCD)

....sult, the Rule is discharged with­out any order as to cost. The order of stay granted earlier by this Court stands vacated. Ed. This Case is also Reported in: 13 BLC (HCD) (2008) 911. ......ector, Rupali Bank Limited Vs. Tafazzal Hosaain, 44 DLR (AD) 260; Mir Motiur Rahman Vs. Artha Rin Adalat, 15 BLT (AD) 267; Arfanuddin Akank Vs. Artha Rin Adalat, 15 BLT 343; Sujit Kumar Mondal Vs. Bangladesh, 13 BLC 391. Lawyers Involved: MR Hasan, Advocate - For the Petitioner. ...... Supreme Court High Court Division (Special Original Jurisdiction) Present: Zinat Ara J Sheikh Abdul Awal J City Bank Ltd…………………………Petitioner Vs. Artha Rin Adalat No.1 Dhaka and others………………………..Respondents Judgmen......Adalat, 15 BLT (AD) 267; Arfanuddin Akank Vs. Artha Rin Adalat, 15 BLT 343; Sujit Kumar Mondal Vs. Bangladesh, 13 BLC 391. Lawyers Involved: MR Hasan, Advocate - For the Petitioner. Md. Mozibur Rahman Miah, Advocate - For the Respondent No.2. Writ Petition No.699 of 2005. ..

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

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

.... 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.  ......of the suit and to produce Radyna Karim before the court and the other praying for injunction against the defendant-father of the minor girl, restraining him from taking away the minor girl out of Bangladesh. The defendant Mr. Rudess Karim after taking ad­journments on some occasions did not pr......me Court High Court Division (Civil Jurisdiction) Present: AFM Abdur Rahman J Nadia Khalil, Daughter of Khalilur Rahman Chowdhury………………………Petitioner Vs. Rudess Karim, Son of Rafiul Karim…………………………………………………...... welfare of the child, apart from the legal rights of the father and mother………….(39) Cases Referred to- Abdul Jalil and others Vs. Mrs. Sharon Laily Begum Jalil, 18 BLD (AD) 21; Md. Abu Baker Siddique Vs. S.M.A. Bakar and ors., 38 DLR (AD) 106; Rahimullah Chowdhury Vs. Mrs. Sa..

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

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

....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. ...... 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) 196: Bangladesh Supreme Court Reports (1978) 467: 32 DLR 36: 34 DLR 1; Mostafa Miah Vs. First Labor Court......ivision (Special Original Jurisdiction) Present: Mir Hashmat Ali J SM Emdadul Hoque J Golam Md. Shiblee, Manager Jaghcharra Tea Estate ……………………Petitioner Vs. Second Labor Court ……………………..........................................Respon......ase is also Reported in: 61 DLR (HCD) (2009) 49. ..

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

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. ...... DLR (HCD) (2009) 156. ...... Court High Court Division (Special Original Jurisdiction) Present: Mirza Hussain Haider J Mamnoon Rahman J Unilever Bangladesh Ltd. …………….Petitioner Vs. Chairman, National Board of Revenue and others………………Respondents Judgment ......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)

....ah­man, Secretary, Board of Directors and others...............................................Respondents (In Matter Nos.01, 10 and 11 of 2008) Registrar of Joint Stock Companies and Firms, Government of Bangladesh, 24-25 Dilkusha C/A, Dhaka-1000 and another...............Respondents (In ......tary, Board of Directors and others...............................................Respondents (In Matter Nos.01, 10 and 11 of 2008) Registrar of Joint Stock Companies and Firms, Government of Bangladesh, 24-25 Dilkusha C/A, Dhaka-1000 and another...............Respondents (In Matter No.05 o......2008) M. A. Sabur, Son of late Al Haj Rahman Ali, House No.25A, Road No.96, Gulshan-2, Dhaka...........................................................Petitioner (In Matter No.05 of 2008) Vs. United Commercial Bank Ltd., 60 Motijheel Commercial Area, Dhaka repre­sented by Mirza M......er No.01 of 2008) A.K.M. Golam Boholul, Son of late Abdul Aziz Ahmed 572, 2nd Floor, Uttar Shahjahanpur, Dhaka-1217 and another.......................Petitioners (In Matter No.10 of 2008) Md. Salim Hossain, Son of Md. Giasuddin Howlader, 58/4 North Manik Nagar, Dhaka-1203 and another....

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

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

....llip;………Petitioner (In Writ Petition No.1448 of 2008) Md. Hasan...................................................Petitioner (In Writ Petition No.3071 of 2008) Vs. Government of Bangladesh and others............Respondents Judgment June 12, 2008. Re......hellip;…Petitioner (In Writ Petition No.1448 of 2008) Md. Hasan...................................................Petitioner (In Writ Petition No.3071 of 2008) Vs. Government of Bangladesh and others............Respondents Judgment June 12, 2008. Result: Wri......ellip;…………Petitioner (In Writ Petition No.1448 of 2008) Md. Hasan...................................................Petitioner (In Writ Petition No.3071 of 2008) Vs. Government of Bangladesh and others............Respondents Judgment June 12, 2008......llip;………………………………………………Petitioner (In Writ Petition No.1448 of 2008) Md. Hasan...................................................Petitioner (In Writ Petition No.3071 of ..

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

Tasmima Hossain Vs. Anti-Corruption Commission and others, 2008, 37 CLC (HCD)

....tra vires of the Emergency Powers Ordinance, 2007 and the Constitution. 2. Short facts for disposal of the Rule are that the petitioner is the wife of Anwar Hossain Monju, former Minister of the Government of the People's Republic of Bangladesh. She is a business lady and an individual tax-......;……….......................Respondents Judgment June 08, 2008. Result: The Rule is made absolute. Cases Referred to- Shafiqul Islam Shimul (Md.) Vs. Bangladesh, (2004) 56 DLR 239; Monsur Ali (Md.) and other Vs. State, (2003) 55 DLR (AD) 131; Alamgir......ivision (Special Original Jurisdiction) Present: Mohammad Abdur Rashid J Md. Ashfaqul Islam J Tasmima Hossain..................................................Petitioner Vs. Anti-Corruption Commission, represented by its Chairman, Head Office: 1 Segunbagicha, Dhaka......nce. Ed. This Case is also Reported in: 29 BLD (HCD) (2009) 1. ..

Category: Anti-Corruption Laws, Criminal Law | Date: 8 Jun, 2008 | Hits: 7

Mst. Phulbanu @ Phul Vs. State, 2008, 37 CLC (HCD)

....e two fold arguments. Firstly, the allegations made in the first information report will come within the mischief of section 23 of The Emi­gration Ordinance, 1982 (Ordinance No. XXIX of 1982). The Government by Notifica­tion already constituted Special Court for the purpose of trial of all off......g money etc., for providing foreign employment.- Whoever for providing or securing, or on the pretext of providing or securing, to or for any person, employment in any country beyond the limits of Bangladesh- (a) being a recruiting agent, charges fee in addition to the prescribed amount; ......al Original Jurisdiction) Present: Md. Abdul Quddus J Syed Mohammad Ziaul Karim J Mst. Phulbanu @ Phul………………………………………… Ac­cused-Petitioner Vs. The State…………………………………………………………… Opposite P......e the order at once. Ed. This Case is also Reported in: 28 BLD (HCD) (2008) 350. ..

Category: Procedural Law | Date: 5 Jun, 2008 | Hits: 4