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

.... as to why the petitioner should not be posted as Joint District Judge (Previ­ously Subordinate Judge) by maintaining sen­iority as per Panel of the year 2000, SI. No.37 of the promotion list dated 14.3.2000 (Annexure C-2) published in the official gazette, by implementing the order of withd......rt Division Rules. But this time also the said resolution of the General Administration committee was not placed before the Full Court. 24. Annexure-N(5) disclosed about the communication of the decision of the General Administration Committee dated 23.05.2002 to the Secretary, Ministry of Law,..

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)

....filed under Article 102(2)(a)(i)(ii) of the Constitution, calling upon the respondents to show cause as to why the impugned letter under Memo No.পবম/শা-২/বগ-২/২০০২/৭৯৬ dated 24.7.2007 (Annexure-F) issued by respondent No.4 should not be declared to have been passed wi......earing on behalf of the petitioners, submits that the petitioners have been serving the respondents for a long time and have all along been waiting to receive the transfer let­ters in view of the decision of the Ministry of Establishment, which had taken a decision to transfer the petitioners to..

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)

....espondent Nos.1 to 3, the detenu made arrangements to travel to Bang­ladesh just for one day, booking a ticket on a flight by Emirates Airways on 2.8.2008 with a confirmed return ticket to the UK dated 3.8.2008. However, on her arrival in Dhaka on 3.8.2008, the detenu again became scared apprehe......irst century where freedom of every human being irrespective of sex is universally recog­nized. The petitioner's liberty enshrined in the Constitution shall mean and include her right to make decision concerning her groom free of coercion, violence and discrimination. 32. In the supplem..

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)

.... 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 passed by the District Judge at Dhaka in Title Appeal No. 140 of 2008, which dismissed......lip Roy. The application was allowed and an issue as to the locus standi of the plaintiffs was framed but remained undecided. 15. The decree holder also made an application on 18-4-2000 for a decision of the issue on locus standi before final hearing of the suits, which was rejected by an o..

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

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

....ondent No.2. Osman Gani, Deputy Attorney-General instructed by Md. Sajjadul Huq, Advocate-on-Record—For Respondent No.1. Civil Appeal No.202 of 2001. (From the judgment and order dated the 24th day of February, 1997 passed by the High Court Division in Writ Petition No.2595 of 1...... 70 of the General Rules and Schedule for working of the Chittagong Port Jetties. 3. The limitation imposed by the rule 70 of the General Rules and Schedule in the case would be from the date of decision to refund the amount to pay in excess and not for the date of actual payment. The High Cour..

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

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

.... this Rule was issued calling upon the respondents to show cause as to why the continuation of the proceedings of the Special Case No. 20 of 2008 arising out of Ramna Model Police Station Case No. 52 dated 30-3-2008 under section 27(1) of the Anti-Corruption Commission Act, 2004 read with Rule 15 of...... be given to the authorized officer to start investigation and it is not a 'sanction'.(Underlined by us). 20. Further, section 15 of the ACC Act says that Commission will take all of its decisions in its committee duly constituted under section 5 of the ACC Act. In the affidavit-in-oppo..

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

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

....o.1 M.M. Ispahani Ltd. (“the Company”) that straddle several decades of corporate history that follows a historical timeline beginning the second decade of the 20th century to the present date. It is also simultaneously a case of the fluctuating fortunes of a corporate entity that has ha...... Trust having at some point in time woken up to the legal bar against the Trust operating as a shareholder in a public limited company, addressed a letter to the Petitioner on 12.5.1998 regarding the decision of the Hussainia Trust to return MMI’s shares to his legal heirs as were otherwise st..

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

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

.... Abul Kashem Bhuiyan, Advocate — For Opposite Party No. 1. Civil Revision No. 3255 of 2008. Judgment SK Sinha J. - This Rule at the instance of the pre-emptee is against an order dated 7th February, 2008 of the learned District Judge, Brahmanbaria in Miscellaneous Appeal No.57 ...... maintainable. I find no merit in this Rule. In the result, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 139. ..

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

Abul Kashem (Md.) Vs. Government of Bangladesh and others, 2008, 37 CLC (HCD)

....er and disposed of by the same judgment as they involved common question of law. 2. In all these writ petitions, Rule was issued calling upon the respondents to show cause as to why the order dated 6-10-2008 passed by the respondent No. 2 Registrar Co-operative Society Samabi Adhidaptar, Sa......jected the nomination papers of the petitioners without any cogent reason and by misinterpreting the law as envisaged in section 18(8) of the Ain, 2001. The petitioners being aggrieved by the said decision of the election committee and the appellate authority moved this Division under Article 10..

Category: Others | Date: 27 Nov, 2008 | Hits: 4

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

.... Sheikh Muhd. Serajul Islam- For the Op­posite Parties. Civil Revision No. 5848 of 2002. Judgment Md. Mizanur Rahman Bhuiyan J.-This rule is directed against the judgment and order dated 28.08.2002 passed by the learned Joint District Judge, 1st Court, Munshiganj, in Miscellaneous......urts below for the reasons known to them abruptly considered the exchange deed as kabala that was a commission of error of law occasioned failure of justice. In support of his contention he cited the decisions in the cases of Birendra Nath Kar Vs. Abdul Mannan Kazi and others, reported in 10 BLC (AD..

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

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

.... Rule was issued, at the instance of the petitioner Habibur Rahman Mollah, the accused of Special Case No. 10 of 2008 arising out of GR Case No. 119 of 2007 corresponding to Ramna Model PS Case No. 6 dated 3-10-2007 under sections 26(2)/27(1) of the Anti-Corruption Ain, 2004 read with section 15 Gha...... "sanction", at all, and is quite insufficient to prosecute any person for commission of the schedule offence, noted above. In support of his contention, the learned Advocate has referred a decision of the case of Abdul Hakim Vs. State reported in 45 DLR 352. The learned Advocate further s..

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

Abdul Hai (Md.) Vs. Bangladesh and others, 2008, 37 CLC (HCD)

....d. Yousuf Ali, Advocates — for the petitioner. Salahuddin Ahmed, Attorney General — for the Respondents. Writ Petition No. 4081 of 2003 Judgment AFM Abdur Rahman J. - This Rule Nisi, dated 22-6-2003, issued at the instance of the writ petitioner Md. Abdul Hai, has called upon the re......arged from the service under the provision of section 8 of the said Ordinance. Therefore the instant Rule is liable to be discharged. In this respect the learned Attorney-General further relied onthe decision of Bangladesh Vs. Md. Abdur Rab reported in 33 DLR (AD) 143. The learned Attorney-General f..

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

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

....vision of Rules applicable to his service. 2. The short facts of the case of the petitioner, is that, he was appointed as Security Supervisor of Bangladesh Water Development Board by the office order dated 27-4-1981. Thereafter, he was promoted to the post of Zonal Intelligence Officer by Office Ord......n and in considering his merit-cum-seniority as per Service Rules, 1982. But without considering the said prayer of the petitioner the Board sent a letter to the respondent No. 1 on 26-6-2004 to give decision for relaxation of the educational qualification of the petitioner for giving him promotion ..

Category: Employment/Service Law | Date: 9 Nov, 2008 | Hits: 117

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

....lah's submission, for example, that the obligations under the two Letters of Guarantee must not be interpreted as being immediate upon issuance of the Letters but must rather be seen at the present date as yet to mature thereby negating any justification for the P&I clubs to be imp leaded in ...... Suits that the two P & I clubs are expected to assume a role that is blatantly discordant with their fundamental character and functions. In this regard, and by reference to the House of Lords decision in the "The Fanti" and " The Padre Island' reported in [1990] 2 Lloyd's Law Report, 191 ..

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)

...., she is entitled to file the instant Writ Petition. On 3-10-2000, the Officer-in-Charge of Sonaimuri Police Station, District Noakhali arrested the detenu from his house in connection with GD No.104 dated 3-10-2000 of Begumgonj Police Station under section 54 of the Code of Criminal Procedure (CrPC......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. ..

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

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

....edure calling upon the opposite party to show cause as to why the impugned proceeding of GR Case No. 77 of 2006 corresponding to TR No. 765 of 2006 arising out of Munshiganj Police Station Case No. 3 dated 2-3-2006 under sections 406/420 of the Penal Code pending in the Court of Magistrate, 1st Clas......payment by any specific date. As such, the allegation does not come within the purview of sections 406/420 of the Penal Code. 7. Mr. Zainul Abedin, in support of his contention has relied on the decisions reported in Syed Ali Mir Vs. Syed Omar Ali, 1990 BLD (AD) 168 = 42 DLR (AD) 240, Abdul Man..

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)

....isi was issued calling upon the respondents to show cause as to why respondent No. 4 should not be directed to hand over the seven children described in paragraph No. 3 of the supplementary affidavit dated 18.6.2006, to the custody of the Bangladesh Jatiyo Mahila Ainjibi Samity (the petitioner herei...... us to shift the judgment to 30.7.2008 .On that date, we again directed the learned Advocate for respondent Nos. 4 and 6 to produce the seven children today.   In order to arrive at a correct decision as to the custody of the seven children, we are of the opinion that prior to pronouncement ..

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)

....9-2006, at the instance of the writ petitioner AHM Kamruzzaman 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 decl......n, as his Lordship was then, while considering the jurisdiction of Company Bench of the High Court Division, has elaborately discussed the matter and held as under: "It is settled by a long line of decisions reported in 19 DLR 735, 20 DLR (SC) 335, 28 DLR (SC) 102, 44 DLR 452, AIR 1936 Allahabad,..

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

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

....hereinafter referred to as the Ordinance should not be declared to be void being ultra vires of Articles 7, 22, 94, 111 and 112 of the Constitution. 2. The Hon'ble Chief Justice by his order dated 18-6-08 constituted this Bench for hearing and disposal of the Rule. On 30-6-2008 when the Rul......ntment as judges is to be determined by the Government through its Ministry. 13. Under section 4(4) of the Ordinance five members out of nine members shall constitute quorum of the meeting and a decision to recommend names for appointment can be taken by a majority of the members present which,..

Category: Constitutional Law | Date: 7 Aug, 2008 | Hits: 236

Mohammad Nasim Vs. State and another, 2008, 37 CLC (HCD)

....el Hossain J.- This is an application for bail on behalf of the accused-appellant-Mohammad Nasim. 2. The accused-appellant preferred the instant appeal against the impugned judgment and order dated 08.10.2007 passed by the learned Special Judge, Special Court No.1, Dhaka in Special Case No.......opedic Medical Dictionary' and submits that all these reports confirm that the accused-appellant has been suffering from serious illness endangering life. Mr. Islam, finally, having referred to the decision of the case of A.C.C. Vs. Barrister Mir Md. Helaluddin and another reported in 60 DLR (AD..

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