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Abdul Mannan Khan (Md.) Vs. Bangladesh and others, 2006, 35 CLC (HCD)

....ka and the respondent No.4 is the convict Hossain Md. Ershad. 4. The petitioner, being engaged in public interest litigation to ensure and enhance public awareness of the duties and obligations of Government agencies and increase accountability and transparency of State actions, is particularly c...... 657. ...... (2008) 657. ...... This Case is also Reported in: 13 BLC (HCD) (2008) 657. ..

Category: Criminal Law | Date: 25 May, 2006 | Hits: 43

Mostafa Kamal Vs. State, 2006, 35 CLC (HCD)

.............(17) Asking safe custody of victim girl or child as of right Discretionary authority of the Tribunal to pass an order to put any girl in safe custody outside jail in the custody of Government authority or any person or organization in course of trial of an offence under the Ain is......the Tribunal....................(21 & 22) Cases Referred to- Khairunnessa Vs. Illy Begum, 48 DLR (AD) 67; Abdul Majid Sarker (Md.) Vs. State and others, 55 DLR 1; Mongol Chand Nandi Vs. Bangladesh, 5 BLT (AD) 1=2 BLC (AD) 18; Arun Karmoker Vs. State, 7 MLR (AD) 82=7 BLC (AD) 61; ......hellip;…………………………………………………………..Appellant Vs. The State…………………………&h...... Ed. This Case is also Reported in: 26 BLD (HCD) (2007) 311. ..

Category: Women and Children | Date: 10 May, 2006 | Hits: 6

National Securities and Consultant Ltd. Vs. Chairman, Securities and Exchange Commission, 2006, 35 CLC (HCD)

....4 para-11 a Division Bench of this Court discussed the development of the concerned laws in the following terms: "Securities and Exchange Ordinance was promulgated by the then Central Government of Pakistan in 1969 for the protection of investors, regulation of markets and dealing ......�tion…………….(30) Cases Referred to- Shinepukur Holdings Ltd. Vs. Security Exchange Commission, 50 DLR (HCD) 291 at page 294 para-11; Cohen Vs. Kittell, (1889) 22 QBD 680; Chairman, Bangladesh Steel Mills Vs. Md. Massood Reza, 30 DLR (SC) 169; Md. Shamsul Islam Khan Vs. The Secret......risdiction) Present: Md. Muzammel Hossain J Farid Ahmed J National Securities and Consultant Ltd……………………………………………………..Petitioner Vs. The Chairman Securities and Exchange Commission………………………………Respon......ties concerned. Ed. This Case is also Reported in: 28 BLD (HCD) (2008) 57. ..

Category: Business or Commercial Law | Date: 9 May, 2006 | Hits: 6

Hasmot Ali and others Vs. Chairman, 3rd Labour Court, Dhaka and others, 2006, 35 CLC (HCD)

....ngladesh and others reported in 50 DLR(AD)11, where it has been held that "inter Ministerial Communications are merely policy guidelines in respect of certain matters concerning the business of the Government. These do not create any legal right in favour of any person to ask for return of unuti...... Rupali Bank Ltd. Vs. Md. Nazrul Islam Patwary & others, 48 DLR (AD) 62; Managing Director, Rupali Bank Ltd. Vs. Chairman, 1st Labour Court & others, 46 DLR (HC) 143; Al-haj Abul Basher Vs. Bangladesh and others, 50 DLR (AD) 11; The Chairman, Bangladesh Textile Mills Corporation Vs. Nasir......tion) Present: Md. Muzammel Hossain J Farid Ahmed J Hasmot Ali and others……………………………………………………………………………Petitioners Vs. The Chairman, 3rd Labour Court, Dhaka and others………………………..Respondents ...... concerned authorities. Ed. This Case is also Reported in: 28 BLD (HCD) (2008) 427. ..

Category: Labour and Industrial Law | Date: 27 Apr, 2006 | Hits: 9

Bangladesh Legal Aid and Services Trust (BLAST) Vs. State and four others, 2006, 35 CLC (HCD)

....esh, 1972, Article 65 The Members of Parliament (Salaries and Allowances) Order, 1973, (President’s Order No. 28 of 1973) 1. Bangladesh is a Sovereign Democratic Republic, governed by the Government of laws and not of men. 2. The people of Bangladesh are the owners of this country a......176; 16 BLT (HCD)(2008) 40; 13 MLR (HCD) (2008) 233. ...... (Special Original Jurisdiction) Present: ABM Khairul Haque J ATM Fazle Kabir J Bangladesh Legal Aid and Services Trust (BLAST)................................Petitioner Vs. State and four others................................Respondents Judgment April ......nt. In the result, the Rule is made absolute but without any orders as to cost. Ed. This Case is also Reported in: 60 DLR (2008) 176; 16 BLT (HCD)(2008) 40; 13 MLR (HCD) (2008) 233. ..

Category: Constitutional Law | Date: 27 Apr, 2006 | Hits: 131

Md. Zulfikar Mahmud Vs. National University and others, 2006, 35 CLC (HCD)

....ril 18, 2006. Result: The Rule is made absolute. Cases Referred to- Registrar, Supreme Court of Bangladesh Vs. Md. Sofiuddin and another, 6 BLC (AD) 141; Anwarul Huq Khan Vs. Government of Bangladesh, 31 DLR 21; Bangladesh Krisi Bank Vs. Abdul Mannan, C.A 99/97 and AIR 1966 ......…………….Respondents Judgment April 18, 2006. Result: The Rule is made absolute. Cases Referred to- Registrar, Supreme Court of Bangladesh Vs. Md. Sofiuddin and another, 6 BLC (AD) 141; Anwarul Huq Khan Vs. Government of Banglad...... Md. Abdul Matin J ATM Fazle Kabir J Md. Zulfikar Mahmud……………………………………Petitioner Vs. The National University, Gazipur represented by the Vice-Chancellor, Gazipur-1706 and ......udgment and report compliance. Ed. This Case is also Reported in: 26 BLD (HCD) (2007) 495. ..

Category: Employment/Service Law | Date: 18 Apr, 2006 | Hits: 2

Rabya Khatun Vs. State and another, 2006, 35 CLC (HCD)

....es to comply with the direction, such officer may compel him to do so by using force. Section 39 deals with the powers of the Director General and other officers as may be authorized by the Government to investigate into the offences under the Act. 13. Under the Act of 1974, a Special......of the Act empowers the Director General or an officer authorized by him, an Inspector of Police or a person above his rank, a Customs Inspector or a person above his rank, an inferior Officer of the Bangladesh Rifles or above his rank, to enter into and search in the manner prescribed thereunder be...... Chowdhury J Rabya Khatun…………………………………………………..Petitioner Vs. The State and another……………………&helli......he appeal is allowed. Cases Referred to- Panchu alias Paigam Ali Vs. The State, 26 DLR 297; Abul Hashem Master Vs. The State, 44 DLR 159; Mati Miah Vs. The State, 44 DLR 554; Sirajul Islam (Md.) Vs. The state, 48 DLR 301; Abdur Razzaque Talukder Vs. The State, 51 DLR 83; Bashar Shaikh Vs. ..

Category: Criminal Law | Date: 18 Apr, 2006 | Hits: 10

Hazi Afsar Uddin Mina and others Vs. Alhaj Sk. Sultan Ali and others, 2006, 35 CLC (HCD)

.... report compliance of the order of this Court to Registrar of Supreme Court of Bangladesh immediately after the disposal of the Suit. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 303. ......ter of the compromise decree whether it is forged or genuine. Learned Senior Assistant Judge, Bagerhat Sadar shall, also, report compliance of the order of this Court to Registrar of Supreme Court of Bangladesh immediately after the disposal of the Suit. Ed. This Case is also Reported in: 15 B......D) (2007) 303. ...... report compliance of the order of this Court to Registrar of Supreme Court of Bangladesh immediately after the disposal of the Suit. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 303. ..

Category: Procedural Law | Date: 18 Apr, 2006 | Hits: 29

Government of Bangladesh Vs. Kalimuddin Pramanic and others, 2006, 35 CLC (HCD)

....f the judgment. Ed. This Case is also Reported in: 29 BLD (HCD) (2009) 131. ....... Ed. This Case is also Reported in: 29 BLD (HCD) (2009) 131. ...... (Civil Jurisdiction) Present: Syed Mahmud Hossain J Government of Bangladesh……………………………Petitioner Vs. Kalimuddin Pramanic and others…………………..Opp......t plot Nos.794 and 2546/2583 to anybody. No order as to costs. Send down the L.C. record with a copy of the judgment. Ed. This Case is also Reported in: 29 BLD (HCD) (2009) 131. ..

Category: Property Law, Tenancy Law | Date: 28 Mar, 2006 | Hits: 4

Kishore Kumar Dutta Vs. State, 2006, 35 CLC (HCD)

....en on bail in the Criminal Appeal, bail bond furnished by him stands discharge. Lower Court's Record be sent down at once. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 174. ......s than 5 years for the attempt to inflict injury. 26. The said Ain had undergone an amendment namely Nari-O-Shishu Nirjatan Daman (Sangasdhan) Ain, 2003 (Act No.XXX of 2003). It was published in Bangladesh Gazette Extra-Ordinary on 19th July, 2003 and it became effective since that date. 2......(2007) 174. ......ppellant Vs. The State……………………………................Respondent Judgment February 20, 2006. Result: The appeal is allowed. Lawyers Involved: Md. Kamruzzaman with Parvez Ahmed - For convict-appellant. A.S. Md. Ramzan Khan, Deputy Attorne..

Category: Women and Children | Date: 20 Feb, 2006 | Hits: 127

Md. Abdul Hannan alias Khalil Vs. Sate and another, 2006, 35 CLC (HCD)

....away of the victim. He denied the suggestion that the age of the victim was 18 years or that he was deposing falsely. 13. P.W.8, Md. Idris Ali deposed that he was the Headmaster of West Awliapur Government Primary School. The victim was admitted into his school in Class-1 on 22.06.1992. The ser...... Send down the lower Court's records at once with a copy of the judgment for information and for taking necessary action. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 291. ......me Court High Court Division (Criminal) Present: AKM Fazlur Rahman J Sayed Mohammad Ziaul Karim J Md. Abdul Hannan alias Khalil………………………Appellant Vs. The Sate and another……………………...........Respondents Judgment Febru...... This Case is also Reported in: 13 MLR (HCD) (2008) 291. ..

Category: Women and Children | Date: 7 Feb, 2006 | Hits: 78

M. Manzur Ahmed Vs. Mrs. Inge Flatz and others, 2005, 34 CLC (HCD)

....ion money to the defendant No.1 of his earning in the United Kingdom; that according to the terms of agreement for sale; the defendant No.1 being the Vendor, would obtain the permission from the Government or any other authority which might be required for transferring the suit property and ...... constructed a pucca house thereon and she herself resided in the house and thus she has been enjoying the suit property. 4. It is further stated in the plaint that after the liberation of Bangladesh, the suit property was wrongly treated as abandoned property and the same was vested...... (Civil Appellate Jurisdiction) Present: Siddiqur Rahman Miah J Syed AB Mahmudul Huq J M. Manzur Ahmed……………………………………………………Appellant Vs. Mrs. Inge Flatz and others…………………………………….Respondent Judgm......e deed of agreement performed his part, the defendant is also bound to perform his part, otherwise the court will act on behalf of the plaintiff……………..(45) Lawyers Involved: Md. Azizul Hoq with Fazlul Karim Chowdhury, Raziuddin Ahmed and Anowarul Islam-For the Appellant. ..

Category: Property Law | Date: 15 Dec, 2005 | Hits: 8

Abdul Aziz & Government of Bangladesh Vs. Hindu Deity Luxmi Gobinda Jew & ors, 2006, 35 CLC (AD)

....h Court Division Judgment Here. Supreme Court Appellate Division (Civil) Present: Md. Ruhul Amin J MM Ruhul Amin J Abdul Aziz....Appellant (In Civil Appeal No. 216 of 2000) Government of Bangladesh, represented by the Deputy Commissioner & Deputy Custodian Enemy Proper......on Judgment Here. Supreme Court Appellate Division (Civil) Present: Md. Ruhul Amin J MM Ruhul Amin J Abdul Aziz....Appellant (In Civil Appeal No. 216 of 2000) Government of Bangladesh, represented by the Deputy Commissioner & Deputy Custodian Enemy Property, Dhaka .......... No. 216 of 2000) Government of Bangladesh, represented by the Deputy Commissioner & Deputy Custodian Enemy Property, Dhaka .....................Appellant (In Civil Appeal No. 217 of 2000) Vs. Hindu Deity Luxmi Gobinda Jew and others .... Respondents (In both the appeals) Judgme......er as to cost. Ed. This Case is also Reported in: ..

Category: Property Law | Date: 8 Dec, 2005 | Hits: 90

Most. Musarraf Sultana Vs. Principal and Member-Secretary, Kanchipara Mahabidhyalaya and others, 2005, 34 CLC (HCD)

.... College & ors. Vs. Md. Abdus Samad and others, 49 DLR 38; Sonali Bank and another Vs. Chandon Kumar Nandi, 48 DLR (HCD) 330; Mt. Jahan Ara Begum Vs. A. L. Md. Shamsul Hoque, 27 DLR (AD) 129; Government Body of Kapilmuni College, represented by the Principal, Kapilmuni College Vs. Sheikh ...... Ali and ors, 51 DLR (AD) 31; Sheikh Roushan Ali Vs. Board of Intermediate and Secondary Education, Jessore and others, 48 DLR (HCD) 128; The Province of East Pakistan Vs. Mir Golam Sarwar, 341; Bangladesh Water Development Board, represented by its Chairman Vs. Syed Moazzem Hossain and othe......al Jurisdiction) Present: Md. Abdul Aziz J Most. Musarraf Sultana………………………………………………………………………………………Petitioner Vs. Principal and Member-Secretary, Kanchipara Mahabidhyalaya and others……Opposite Partie......ords at once. Ed. This Case is also Reported in: 26 BLD (HCD) (2007) 66. ..

Category: Employment/Service Law | Date: 6 Dec, 2005 | Hits: 6

Industries Chemie BV Vs. SMA Quddus and another, 2005, 34 CLC (HCD)

.... in favour of the respondent No.1. No order at to cost. The connected Rule being Rule No. 4 (TM)/2001 is disposed of. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 758. ......rade Mark "Well Run" used as brake fluid. In the application in TM 5 it was stated that the appellant has been manufacturing and selling their goods brake oil throughout the world including Bangladesh since long before in the world market under the Trade Mark "Well Run" being reg......l Appellate Jurisdiction) Present: Md. Awlad Ali J Zinat Ara J Industries Chemie BV…………………………..Applicant Vs. SMA Quddus and another..................Respondents Judgment November 30, 2005. ......s disposed of. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 758. ..

Category: Intellectual Property Law | Date: 30 Nov, 2005 | Hits: 142

Md. Habibur Rahman Vs. State, 2006, 35 CLC (AD)

....cord. To appreciate the submissions, let us examine section 4 of the Anti Corruption Act, 1957 (Act XXVI of 1957) which runs as follows: "4. Declaration of Assets.-(1) When the Government, on receipt of information and after making such enquiries as it may deem, necessary, is ......nbsp; 8. In such view of the matter we do not find any illegality in the judgment passed by the courts below. The criminal petition is, therefore, dismissed. Ed. ......ssir Husain CJ Mohammad Fazlul Karim J Amirul Kabir Chowdhury J Md. Habibur Rahman………………………Petitioner Vs. The State…………………………......Supreme Court Appellate Division (Criminal) Present: Syed J. R. Mudassir Husain CJ Mohammad Fazlul Karim J Amirul Kabir Chowdhury J Md. Habibur Rahman………………………Petitioner..

Category: Criminal Law | Date: 23 Oct, 2005 | Hits: 83

Cox's Bazar Pourashava Vs. Bangladesh and Others, 2005, 34 CLC (HCD)

....d Others……………………………………………………………………….Respondents Judgment August 30, 2005. Result: The Rule is made absolute. Case Referred to- Government of Bangladesh Vs. M/S. Eastern Industries (BD) Limited, 14 B.L.D (AD) 254. Lawyers Inv......(Special Original Jurisdiction) Present: Tariq ul Hakim J Afzal Hossain Ahmed J Cox's Bazar Pourashava, Police Station-Cox's Bazar Sadar, District-Cox's Bazar……Petitioner Vs. Bangladesh and Others……………………………………………………………………�......sion (Special Original Jurisdiction) Present: Tariq ul Hakim J Afzal Hossain Ahmed J Cox's Bazar Pourashava, Police Station-Cox's Bazar Sadar, District-Cox's Bazar……Petitioner Vs. Bangladesh and Others……………………………………………………………�......005. Result: The Rule is made absolute. Case Referred to- Government of Bangladesh Vs. M/S. Eastern Industries (BD) Limited, 14 B.L.D (AD) 254. Lawyers Involved: Idrisur Rahman with Md. Shahidullah and Pratikar Chakma-For the Petitioner. Bodruduzza, Deputy Attorney-General with ..

Category: Civil Law | Date: 30 Aug, 2005 | Hits: 39

Ali Imam Vs. Executive Engineer, Gaibandha and others, 2005, 34 CLC (HCD)

....him out. The prayer for review fails. Result, the Rule is discharged with costs. Send down the records at once. Ed. This Case is also Reported in: 57 DLR (2005) 668. ......n perception of a fact or law is therefore no ground and would not entitle him to seek review of a judgment or order…………(7-11) Cases Referred to- Fazle Karim Vs. Bangladesh, 48 DLR (AD) 178; Md. Amin Khan Vs. Controller of Estate Duty, PLD 1962 (SC) 335 = 14 DLR......nbsp; Md. Abdur Rashid J Md. Fazlur Rahman J Ali Imam…………………………………Petitioner Vs. Executive Engineer, Gaibandha and others……………Opposite Pa......urt High Court Division (Civil Revisional Jurisdiction) Present: Md. Abdur Rashid J Md. Fazlur Rahman J Ali Imam……………&he..

Category: Civil Law | Date: 29 Aug, 2005 | Hits: 1

World Tel Bangladesh Ltd. Vs. Bangladesh, 2006, 35 CLC (AD)

...., inter alia, that the petitioner is a company incorporated under the Companies Act, 1994. On 22-11-1998, the Ministry of Posts and Telecommunications (hereinafter referred to as the "MOPT"), the Government of the People's Republic of Bangladesh issued "Request for Proposals" (hereinafter referr......ead the High Court Division Judgment here. Supreme Court Appellate Division (Civil) Present: Syed JR Mudassir Husain CJ Md Fazlul Karim J Amirul Kabir Chowdhury J World Tel Bangladesh Ltd...............Petitioner Vs. Bangladesh represented by the Secretary, Ministry ...... Supreme Court Appellate Division (Civil) Present: Syed JR Mudassir Husain CJ Md Fazlul Karim J Amirul Kabir Chowdhury J World Tel Bangladesh Ltd...............Petitioner Vs. Bangladesh represented by the Secretary, Ministry of Post & Telecommunications and othe...... Civil Petition for Leave to Appeal No. 815 of 2005. (From the judgment and order dated 23rd April 2005 passed by the High Court Division in Writ Petition No. 5135 of 2004). Judgment Md. Fazlul Karim J.- This petition for leave to appeal is directed against the judgment and order da..

Category: Information Technology Law | Date: 25 Aug, 2005 | Hits: 331

M/S. Marine Contacts, represented by Md. Mofazzal Hossain Vs. People's Republic of Bangladesh, 2005, 34 CLC (HCD)

....ions alleged against the petitioner were not at all deviations and some were minor deviations and he recommended for overlooking the said alleged deviations and to save Tk. 2,50,00,000.00 of the Government Exchequer by giving the Purchase Order to the petitioner treating it as Responsive and i......ed Muhammad Dastagir Husain J Md. Ashfaqul Islam J M/S. Marine Contacts, represented by Md. Mofazzal Hossain……………………….Petitioner Vs. The People's Republic of Bangladesh, represented by the Secretary, Ministry of Communications, Bangladesh Secretariat, Ra......urisdiction) Present: Syed Muhammad Dastagir Husain J Md. Ashfaqul Islam J M/S. Marine Contacts, represented by Md. Mofazzal Hossain……………………….Petitioner Vs. The People's Republic of Bangladesh, represented by the Secretary, Ministry of Communi...... is also Reported in: 26 BLD (HCD) (2007) 20. ..

Category: Others | Date: 15 Aug, 2005 | Hits: 6

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