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

....rity and in an unlawful manner. 38. There is no order as to costs. I Agree Quamrul Islam Siddiqui J. Ed. This Case is also Reported in: 29 BLD (HCD) (2009) 183.   ......pondent Nos.1 and 2 should not be brought before this Court so that it may satisfy itself that she is not being held in custody without lawful authority or in an unlawful manner. 2. Later, on an application filed by the petitioners, the Officer-in-Charge, Tejgaon po­lice Station, Dhaka, and..

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)

....der refusing admission of the appeal. Accordingly, he prayed for an opportunity for filing an objection to the application for condo nation of delay and remand of the case to the District Judge for fresh hearing and disposal of the same on merit. 39. Mr. Ruhul Quddus, learned District Judge...... Advocates — For the Opposite Parties. Civil Revision No. 2022 of 2008. Judgment Md. Abdur Rashid J. - This Rule was obtained on behalf of the above deity upon making a revision application under section 115(1) of the Code of Civil Procedure against an order dated 1-6-08 passe..

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

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

....nder on 26-6-1985 to the Deputy Traffic Manager for refund of their claim. The appellant under cover of their letter dated 16-7-1985 addressed to the Traffic Manager, Chittagong Port Authority sent a fresh bills No.ST/21/85 dated 29-5-1985 for Taka 5, 63,685.31 with a request for early payment. Subs......ve port user as the cranes provided by the Port Authority were not capable of handling the containers of the Shipping Agents. Before issuance of the said circular on 29-5-1985 appel­lant filed an application to the Port Authority claiming refund of sum of Taka 5, 63,685.31 as no crane service wa..

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

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

.... and discussions as made above, we do not find any merit in this Rule which is accordingly, discharged without any order as to cost. This Case is also Reported in: 61 DLR (HCD) (2009) 81. ......ate, Fahima Nasrin, Advocate — For the Petitioner. MA Aziz Khan, Advocate — For Respondent No. 2. Writ Petition No. 8181 of 2008. Judgment Md Ashfaqul Islam J. - In an application under Article 102(2)(a)(ii) of the Constitution, at the instance of the petitioner this ..

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

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

.... Trust is being handed back to the learned Advocate for the Respondent Nos. 1 to 6 today. There is no order as to costs. Ed. This Case is also Reported in: 29 BLD (HCD) (2009) 206. ......y, thereby, consequentially binding the Company. This Court finds no reason why that assumption as endorsed in Freeman Vs. Buckhurst Park Properties reported in [1964] 1 All E.R. 630 should not be of application in these facts and circumstances. Given such circumstances, it does appear that the argu..

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

Dewan Joynal Abedin Vs. Husen Ahmed Khan and others, 2008, 37 CLC (HCD)

....se for pre-emption. The pre-emptee thereafter preferred Miscellaneous Appeal No. 57 of 2004 before the learned District Judge, who allowed the appeal and remanded the matter to the trial Court for fresh hearing. Being aggrieved by the said judgment and order, the pre-emptor moved this Court in C...... V of 1908); Order XLI, rules 17, 19, 19A When an appeal is dismissed under rule 17 of Order XLI of the Code of Civil Procedure, the petitioner should avail the specific remedy by way of an application under Order XLI, rules 19 or 19A of the Code of Civil Procedure for re-admission of the..

Category: Property Law | Date: 2 Dec, 2008 | Hits: 7

Mosammat Kazi Shamsunnahar Vs. Md. Ramjan Molla and others, 2008, 37 CLC (HCD)

.... on record rightly passed this judgment wherein I find no illegality. Though the courts below very rightly passed their judgments and de­crees but for fair justice I would like to con­sider a fresh the monetary involvement for the petitioner-purchaser in the suit land for establishment of a ......s discharged. The judgments and orders of the courts below are hereby affirmed. Send down the lower court records at once. Ed. This Case is also Reported in: 29 BLD (HCD) (2009) 391. ..

Category: Property Law | Date: 20 Nov, 2008 | Hits: 2

Habibur Rahman Molla Vs. State, 2008, 37 CLC (HCD)

....acated. Let a copy of this judgment and order along with the LCR be sent to the concerned Court at once. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 1, 29 BLD (HCD) (2009) 227. ......assign any reason of its satisfaction beyond the said format given in the form…………(21) The Code of Criminal Procedure, 1898 (Act No. V of 1898); section 561A The application for quashment of the criminal proceeding under section 561A of the Code cannot be also e..

Category: Anti-Corruption Laws | Date: 20 Nov, 2008 | Hits: 157

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. ......Head Quarter, Dhaka praying for reconsideration of his discharge from service which was rejected through a letter from the Director General of BDR dated 31-10-2001. The writ petitioner again filed an application unsuccessfully before the Director General, Bangladesh Rifles, on 24-7-2002 praying for ..

Category: Employment/Service Law | Date: 18 Nov, 2008 | Hits: 33

Mosammat Setara Begum Vs. Al-Arafah Islami Bank Ltd. and others, 2008, 37 CLC (HCD)

....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. ......ocate - For the respondent No.1 None appears - For the respondent nos. 2-3. Writ Petition No.9097 of 2006. Judgment Syed Md. Ziaul Karim J.- This Rule Nisi was issued, on an application under Article 102 of the Constitution of the People's Republic of Bangladesh, calling u..

Category: Civil Law | Date: 11 Nov, 2008 | Hits: 4

Khabiruddin Ahmed Vs. Government of the People's Republic of Bangladesh and others, 2008, 37 CLC (HCD)

....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. ......commendation of the Ministry of Water and Resources by relaxing 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..

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. ......” For Respondent Nos. 1, 3 and 4. Hosneara Begum, Advocate — For Respondent 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, callin..

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. ......and" dealt with a narrow scope of law pertaining to the right acquired by third parties against a P&I club under a contract of indemnity between the P&I club and their members and that the application of that decision to these facts and circumstances is at best misconceived. It is eviden..

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. ......b Uddin, Advocate - For the Petitioner.  Razik-al-Jalil, Deputy Attorney-General - For the Respondents.  Writ Petition No.10466 of 2007. Judgment Syed Mahmud Hossain J.- In this application under Article 102 of the Constitution of the People's Republic of Bangladesh, a Rule Nis..

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

Ayub Ali alias Mukul Vs. State, 2008, 37 CLC (HCD)

.... in the Court of Magistrate, 1st Class. Cognizance Court No. 1, Munshiganj is hereby quashed. Communicate this Judgment at once. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 52. ......er. Khandaker Diliruzzaman, Assistant Attorney- General — For State Opposite Party. Criminal Appeal No. 18611 of 2006. Judgment Sheikh Abdul Awal J. - This Rule was issued on an application under section 561A of the Code of Criminal Procedure calling upon the opposite party to ..

Category: Criminal Law | Date: 14 Aug, 2008 | Hits: 28

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

....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. ......t Nos.4 and 6.  Md. Asaduzzaman-for respondent No.5.  Mahmudul Islam-Amicus Curiae.  Writ Petition No. 5359 of 2006.  Judgment  Syed Mahmud Hossain J.- In this application under Article 102 of the Constitution of the People’s Republic of Bangladesh, a Rule 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)

....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. ....... At this stage the respondent No. 2 FM Rasiduzzaman also deposited the said dues money with the respondent No. 7 thought any authority from the company. Thereafter the writ petitioner submitted an application before the respondent No. 7 on 2-5-2006 praying for execution of the deed of sale of K..

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

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

....l Supreme Court Judges was notified without any consultation with the Chief Justice at which the Bar and the Civil Society raised serious protest and consequently that appointment was cancelled and a fresh appointment was made after consultation with the Chief Justice. This fact recognised the conve...... immediate action cannot be questioned in Court [Ahsanullah vs Bangladesh 44 DLR 179]. The power of making Ordinance as a legislative power cannot be struck down on the ground of mala fide or want of application of mind in promulgating the Ordinance [Venkata Reddy Vs. Andhra Pradesh: AIR 1985 SC 724..

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. ......…….Appellant Vs. The State and another…………………………………………………………………Respondents Judgment August 6, 2008. Result: The application for bail is allowed. The Appellate Division in the case of ACC Vs. Barris..

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)

.... 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. ...... resides away from the suit land and taking this advantage the darwans and other employ­ees of the plaintiff 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 th..

Category: Civil Law, Property Law | Date: 5 Aug, 2008 | Hits: 4