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Professor Dr. A.F.M. Ruhul Hoque and others Vs. Bangladesh and others, 2008, 37 CLC (HCD)
....the notification bearing No. BaSoKoKoSo/Unit-6/Sorasori-2/2006(1-81) 94 dated 28.05.2006 issued by respondent no. 3 should not be declared as have been issued without lawful authority and to be of no legal effect as being violative of the petitioners fundamental rights as guaranteed under Articles 2......°ā§āĻā§ āĻ¤āĻžāĻšāĻžāĻĻā§āĻ° āĻĒā§āĻ°āĻ¤āĻŋāĻŦā§āĻĻāĻ¨ āĻĻāĻžāĻāĻŋāĻ˛ āĻāĻ°āĻŋāĻŦā§āĻ¨āĨ¤ āĻŦāĻŋāĻāĻžāĻ°āĻĒāĻ¤āĻŋ āĻŽā§āĻ āĻāĻŦā§ āĻ¤āĻžāĻ°āĻŋāĻ.- āĻāĻŽāĻŋ āĻāĻāĻŽāĻ¤āĨ¤ ..Category: Constitutional Law | Date: 18 Nov, 2008 | Hits: 167
Mosammat Setara Begum Vs. Al-Arafah Islami Bank Ltd. and others, 2008, 37 CLC (HCD)
....n Artho Execution Case no.60 of 2006, conferring title of petitioner's mortgaged property upon the decree holder bank, should not be declared to have been made without lawful authority and is of no legal effect. 2. Short facts leading to this Rule are that on 21-04-2005 respondent No.1 Al-Ar......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
....s to show cause as to why the action of the respondents in not considering the case of the petitioner for promotion should not be declared to have been taken without any lawful authority and is of no legal effect and why a direction should not he given upon them to consider the case of the petitione......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)
....rtha Rin Adalat No. 1, Rajbari, in Artha Rin Execution Case No. 13 of 2005 arising out of Artha Rin Suit No. 45 of 2004, should not be declared to have been made without lawful authority and is of no legal effect. 2. Short facts leading to this Rule are that on 29-4-2004, the respondent No. 2, ......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
.... Suits have been filed by the
same entity as plaintiff being aggrieved by the short landing of Crude Degummed
Soya Bean Oil. Such a state of affairs led the plaintiff in both the Suits to
initiate legal proceedings and to obtain orders of arrest of the concerned
vessels as security for the claim......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. ..
Category: Admiralty Law or Maritime Law | Date: 26 Oct, 2008 | Hits: 17
....si was heard on merit.
3. The facts leading to the issuance of the Rule, in brief, are:
The Bangladesh Jatiyo Mohila Ainjibi Samity (in short, BJMAS) is a group of lawyers providing legal aid to women and children. In 1979, BJMAS started trafficking research, advocacy, providing sh......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
....Khan, has called upon the respondent No.1, the Registrar, Joint
Stock Companies and Firms, to show cause as to why the impugned letter dated
8-8-2006 directing the petitioner to take the shelter of legal proceeding
should not be declared to have been issued without lawful authority and is of
no ......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
Idrisur Rahman (Md) Vs. Bangladesh, 2008, 37 CLC (HCD)
....em No. 14 of Schedule I of the Rules of Business (allocation of business) provides that the matters relating to the administration of justice be dealt with by the Ministry of Law. 25. From this legal point of view, the Ministry of Law has to render secretarial assistance to the office of the P......the judiciary, and almost all the sections of the Ordinance are inconsistent with the canons of the independence and separation of the judiciary. Three members of the commission are below in rank and status than those of the judges of the Supreme Court. Their inclusion in the Commission is not only ..Category: Constitutional Law | Date: 7 Aug, 2008 | Hits: 236
....laintiff have been threatening to dispossess by the defendant for which the plaintiff submitted application to the Deputy Commissioner, Police Commissioner and other authorities informing about the illegal activities of the defendants. The plaintiff also got his land measured through Additional Depu......s hereby set aside and the judgment and decree passed by the trial court is hereby affirmed.
14. In the result, the Rule is made absolute without any order as to the cost.
The order of statusquo issued by this court at the time of issuance of the rule is hereby vacated.
The lower..
Category: Civil Law, Property Law | Date: 5 Aug, 2008 | Hits: 4
Md. Mafizur Rahman Tutu and others Vs. State, 2008, 37 CLC (HCD)
....a good deal of force. 10. Having considered the facts and circumstances of the case and foregoing narrative, we are of the view that the continuation of the proceedings suffers from no legal infirmity, which calls for no interference by the Court. Thus the Rule having no merit fails. ......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)
....ence to the evidence on record but in the instant suit the learned Joint District Judge without referring the evidence on record reverse the finding of the trial court which is absolutely wrong and illegal and as such liable to be interfered by this court. The learned Counsel finally submits th......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
Md. Karamot Ali Alias Rafique Alias Rafiqul Islam Vs. The State, 2008, 37 CLC (HCD)
....ge sheet, evidence of the prosecution witnesses, Judgment and order of conviction and sentence and other materials on record submits that the prosecution failed to prove the case by adducing any legal evidence and no phensidyl as alleged by the prosecution was recovered from the possession......tion with any other case. 24. Send down LCR along with a copy of the judgment at once. Ed. This Case is also Reported in: 29 BLD (HCD) (2009) 250. ..Category: Criminal Law | Date: 30 Jul, 2008 | Hits: 5
State Vs. Metropolitan Police Commissioner, Khulna and others, 2008, 37 CLC (HCD)
....girl of 8 years of age and under what provision of law she was arrested and detained in custody in the District Jail, Khulna and why the minor girl should not be paid compensation for her illegal arrest and detention, and why the compensation would not be directed to be paid from the perso......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
Kazi Salahuddin Vs. Kazi Badruzzahedin (Dabir) and others, 2008, 37 CLC (AD)
....7.08.2003 made by the respondent No.2 (Assistant Administrator) appointing the petitioner as Mutwalli of Khairuddin Kazi Wakf Estate, Dhaka to have been made without any lawful authority and of no legal effect. 2. Late Kazi Khairuddin and his son Badruzzahedin Dabir filed the Writ Petit......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)
....rators as prayed for by the petitioner before him. The concluding portion of the order passed by the learned District Judge is as under: "In the facts and circumstances of the case and legal position, I am of the opinion that application is not maintainable in its present form an...... 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)
....s in its entirety and not to bank on a particular portion of it, ignoring the rest. Evidence of a witness in his cross-examination is as good as that of his examination in chief while considering the legal incidence and the essence of impressions that it creates on the mind of the judge…&hell......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
Ahmed Hossain (Md.) and others Vs. Nasima Khatun and another, 2008, 37 CLC (HCD)
.... No.4453 of 2007. Judgment SM Ziaul Karim J.- By this appeal under section 28 of the Nari-o-Shishu Nirjatan Daman Ain, 2000 (briefly as Am, 2000), the accused appellants have challenged the legality and propriety of the order dated 5-8-2007, passed by the learned Judges of Nari-o-Shishu Ni....... 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
City Bank Ltd. Vs. Artha Rin Adalat No.1 Dhaka and others, 2008, 37 CLC (HCD)
.... - For the Petitioner. Md. Mozibur Rahman Miah, Advocate - For the Respondent No.2. Writ Petition No.699 of 2005. Judgment Sheikh Abdul Awal J.- This Rule called in question the legality of the ex parte judgment and decree dated 3-10-2004 (preliminary decÂree signed on 13-10......sult, the Rule is discharged withÂout 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. ..Category: Civil Law | Date: 17 Jun, 2008 | Hits: 7
Nadia Khalil Vs. Rudess Karim, 2008, 37 CLC (HCD)
....âĻâĻâĻâĻâĻâĻâĻâĻ(38) CusÂtody of a minor child In order to ascertaining the cusÂtody of a minor child the paramount considÂeration is the welfare of the child, apart from the legal rights of the father and motherâĻâĻâĻâĻ.(39) Cases Referred to- Abdul Jalil an......eloved atmosphere of the grand mother, the grand father and her father coupled with her toys, cats, swings, day to day utilities and as such the learned District Judge correctly did not disturb the status quo now surrounds the minor child Radyna Karim, so also this court is required to keep the s..Category: Family Law | Date: 17 Jun, 2008 | Hits: 19
Golam Md. Shiblee Vs. Second Labor Court, 2008, 37 CLC (HCD)
.... and 2 to show cause as to why the decision dated 28-5-2003 passed by respondent No. 1 in Complaint Case No. 14 of 2002 shall not be declared to have been passed without lawful authority and is of no legal effect. 2. The short facts of the case is, that the petitioner is the Manager of Jaghchar......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
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