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Sayeda Nasima Sarwar Vs. Government of Bangladesh, 2010, 39 CLC (HCD)

....retariat, Dhaka and others…………………………………Respondents Judgment March 22, 2010. Result: The Rule is discharged. Maintainability of writ petition when there is alternative remedy The...... Cases Referred to- Salma Shahadat Vs. State, 14 BLC 26; Bangladesh Vs. Tan Kheng Hock, 31 DLR (AD) 69; Anti Corruption Commission and others Vs. Mahmud Hossain and others, 61 DLR (AD) 17. Lawyers Involved: A.M. Mahbub Uddin, Advocate with Nazmul Huda, Advocate, A.H.M. Mizanur Rahman..

Category: Anti-Corruption Laws | Date: 22 Mar, 2010 | Hits: 103

Safiat Sobhan Vs. Anti-Corruption Commission and others, 2010, 39 CLC (HCD)

....llip;…………….Petitioner Vs. Anti-Corruption Commission and others………Respondent Judgment March 22, 2010. Result: The Rule is discharged and connected stay order is vacated. Cases Referred To- Anti-Corruption......mission Vs. Md. Hasan, Civil Petition for Leave to Appeal No.1432 of 2008; Salma Shahadat Vs. State, 14 BLC 26; CPLA No.1432 of 2008; ACC Vs. Mahmud Hossain, 61 DLR (AD) 17; CPLA No. 22 of 2010. Lawyers Involved: Rafique-ul-Huq, Senior Advocate with Ahsanul Karim with Faheemul Huq, Advocat..

Category: Anti-Corruption Laws | Date: 22 Mar, 2010 | Hits: 189

Vice-Chancellor and Chancellor of the Syndicate, Sher-E-Bangla Agricultural University Vs. Asia Rahman Shova and others, 2010, 39 CLC (AD)

.... People's Republic of Bangladesh is directed against the judg­ment and order dated the 23rd day of November, 2009 passed by the High Court Division in Writ Petition No.9605 of 2008 making the Rule absolute. 2. The facts involved in the case, in short, are that the writ-petitioners were .............Petitioners Vs. Asia Rahman Shova and others ……………......Respondents Judgment March 22, 2010. Result: The leave is granted. Lawyers Involved: M. K. Rahman, Advocate instructed by Syed Mahbubar Rahman, Advocate-on-Record..

Category: Employment/Service Law | Date: 22 Mar, 2010 | Hits: 92

Md. Tofazzel Hossain and others Vs. People's Republic of Bangladesh, 2010, 39 CLC (HCD)

....y its Secretary, Ministry of Finance, Bangladesh Secretariat, Ramna, Dhaka, and others……………………………………Respondent Judgment March 16, 2010. Result: The Rule is disposed of with observations. Lawyers Involved: Anupam Biswas with Sabya Sachi M......esh Secretariat, Ramna, Dhaka, and others……………………………………Respondent Judgment March 16, 2010. Result: The Rule is disposed of with observations. Lawyers Involved: Anupam Biswas with Sabya Sachi Mondal - For the Petitioners. Fahed Mahm..

Category: Civil Law | Date: 16 Mar, 2010 | Hits: 7

Abdur Rouf Chowdhury (Md.) Vs. Mirza Shahabuddin Ispahani and others, 2010, 39 CLC (HCD)

....rder XLI, rule 27, are clearly not intended to allow a litigant who has been unsuccessful in the lower Court to patch up the weak parts of his case and fill up omissions in the Court of appeal. Under Rule 27, CL (I)(b) it is only where, the appellate Court "requires" it (i.e. finds it need......nnibai, AIR 1957 Nag 15; Radha Krishna Vs. Dwaraka Das, 36 DLR (AD) 253; Keramat Ali Vs. Yunus, 15 DLR (SC) 120; Sagarmal Vs. Annpurna, AIR 1964 Pat 298; Montazullah Vs. Farasatullah, 26 DLR 31. Lawyers Involved: TH Khan, Advocate—For the Appellants. Fida M Karnal, Advocate&mda..

Category: Procedural Law | Date: 10 Mar, 2010 | Hits: 13

Sheikh Hasina Wazed Vs. Government of Bangladesh, 2010, 39 CLC (HCD)

....sented by the Secretary for Ministry of Home Affairs, Bangladesh Secretariat, Ramna, Dhaka and others…......................Respondents Judgment March 9, 2010. Result: The Rule is made absolute. Cases Referred To- Parichhat Vs. State, AIR 1972 SC 535; Nazrul Isl......; R Vs. Reading Crown Court ex p Hutchinson, 1988 QB 384; R Vs. Devizes Justices ex p Lee; DPP Vs. Head, 1959 AC 83; R Vs. Smith, 1984 Cr. L. R. 630; R Vs. Oxford Crown Court ex p Smith, 1989 2 Admin Law Report; R Vs. Chief Constable of Merseyside ex p Calveley, 1986 Q.B. 424; Leach Vs. Deputy Gover..

Category: Anti-Corruption Laws | Date: 9 Mar, 2010 | Hits: 228

Sheikh Hasina Vs. Bangladesh & others, 2010, 39 CLC (HCD)

....rnment of the People’s Republic of Bangladesh, Bangladesh Secretariat, Secretariat Building, Ramna, Dhaka and others......... Respondents Judgment March 4, 2010. Result: The Rule is made absolute. Case Referred To- State of Kerala Vs. TP Roshana, AIR 1979 (SC) 765......; R Vs. Reading Crown Court ex p Hutchinson, 1988 QB 384; R Vs. Devizes Justices ex p Lee; DPP Vs. Head, 1959 AC 83; R Vs. Smith, 1984 Cr. L. R. 630; R Vs. Oxford Crown Court ex p Smith, 1989 2 Admin Law Report; Boddington Vs. British Transport Police; R Vs. Chief Constable of Merseyside ex p Calvel..

Category: Anti-Corruption Laws | Date: 4 Mar, 2010 | Hits: 102

Sheikh Hasina Vs. Bangladesh and others, 2010, 39 CLC (HCD)

....ment of the People’s Republic of Bangladesh, Bangladesh Secretariate, Secretariate Building, Ramna, Dhaka and others......... Respondents Judgment March 4, 2010. Result: The Rule is made absolute. Case Referred to- R Vs. Lowle 1759; Groenvelt Vs. burwell, 1700 1 L......; R Vs. Reading Crown Court ex p Hutchinson, 1988 QB 384; R Vs. Devizes Justices ex p Lee, DPP Vs. Head, 1959 AC 83; R Vs. Smith, 1984 Cr. L. R. 630; R Vs. Oxford Crown Court ex p Smith, 1989 2 Admin Law Report; Boddington Vs. British Transport Police; R Vs. Chief Constable of Merseyside ex p Calvel..

Category: Anti-Corruption Laws | Date: 4 Mar, 2010 | Hits: 131

Humayun Khan @ Md. Humayun Khan and another Vs. Anti Corruption Commission and Others, 2010, 39 CLC (HCD)

....ruption Commission and others……………………………….Respondent Judgment March 3 and 4, 2010. Result: The Rules are discharged. The Anti Corruption Commission Act, 2004 (Act No. V of 2004); Section 32 ......lias Iqbal Hasan Mahmood Tuku, 60 DLR (AD) 147; Anti Corruption Commission and others Vs. Sheikh Hasina Wazed, 60 DLR (AD) 172; Nazimuddin (Md) Chairman Vs. Government of Bangladesh, 61 DLR, 81. Lawyers Involved: Rafique-Ul-Huq, Senior Advocate with Abdur Razzaq, Advocate with Md. Yousuf ..

Category: Anti-Corruption Laws | Date: 4 Mar, 2010 | Hits: 145

State Vs. Secretary, Ministry of Home Affairs, 2010, 39 CLC (HCD)

....e..............................Petitioner Vs. The Secretary, Ministry of Home Affairs, Bangladesh Secretariat, Dhaka and others....Respondents. Judgment March 1, 2010. Result: The Rule is disposed of with observations. The Penal Code, 1860 (XLV of 1860); section 82 It is a......ct and the sanction that is provided under section 46 of the Children Act…………………………(34) Case Referred to- State Vs. Metropolitan Police Commissioner, Khulna, 60 DLR 660. Lawyers Involved: Ms. Fahima Nasrin, Advocate-For three children. Md. Nazrul Islam Talukder, D..

Category: Women and Children | Date: 1 Mar, 2010 | Hits: 177

Dr. Md. Nazimuddin and others Vs. Md. Abdur Rahman Siddique and others, 2010, 39 CLC (HCD)

....he petitioner for delivery of possession through police force was allowed fixing 29.6.2004 for further order and thereafter the judgment debtors submitted an application on 12.6.2004 under Order 21 Rule 90 for getting the auction sale set aside and also for staying the execution proceedings. Duri...... application from the decree holder but not at the desire of the judgment debtors……………………………….(20) Case Referred to- Mathai Vs. Varkey, AIR 1964 (SC) 907. Lawyers Involved: Mansur Habib - For the Petitioners. No one appears - For the Opposite P..

Category: Civil Law | Date: 25 Feb, 2010 | Hits: 7

Ayrin Akhter Lypi Vs. Bahadur Khan and another, 2010, 39 CLC (HCD)

....J Ayrin Akhter Lypi……………………………………Petitioner Vs. Bahadur Khan and another………………….Opposite Parties Judgment January 27, 2010. Result: The Rule is made absolute. Although the law, as provided under Section 494 of the Code of Criminal Pr......another reported in 8 B.L.T. (AD) (2000) 42; Sreemoti Protiva Rani Dey (Tritha) Vs. Md. Yusuf, Medical Officer, Emergency Department, Chittagong Medical College, and others 20 B.L.D (AD)(2000) 54. Lawyers Involved: Md. Harun-Or-Rashid-For the Petitioner. M. A. Mannan Mohan, Deputy Attorney-..

Category: Women and Children | Date: 27 Jan, 2010 | Hits: 156

Mosammat Rehana Akhter Vs. Rizia Begum and others, 2010, 39 CLC (HCD)

....L.C. Records. The order of stay granted at the time of issuance of the rule is hereby vacated. Send down the L.C. Records immediately. Ed. This Case is also Reported in: 31 BLD (HCD) (2011) 422. ......Cases Referred To- Kutu Chand Miah Vs. Rabindra Kumar Deb and others, 22 DLR 29; Md. Khairullah Bhuiyan Vs. Haji Nurul Alam Chowdhury, being dead his heirs Amena Khatun and others, 35 DLR (AD) 338. Lawyers Involved: Abdul Quayum with Sk. Md. Morshed-For the petitioner. Md. Omar Faruque-For the o..

Category: Property Law | Date: 13 Jan, 2010 | Hits: 56

Farida Begum Minu and others Vs. Abdul Jabbar being dead his heirs Md. Nurul Amin and others, 2010, 39 CLC (HCD)

....he order of stay granted at the time of issuance of the rule is hereby vacated. Send down the L.C. Records immediately. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 424. ......overy of possession, the plaintiff must prove his title to and possession and dispossession from the suit land. .....................(11) Cases Referred to- 2 BLC (AD) 134; 4 BLC 310. Lawyers Involved: Md. Serajul Haq - For the petitioners. M. Hashmat Ullah Sheikh - For th..

Category: Property Law | Date: 6 Jan, 2010 | Hits: 8

Nuvista Pharma Limited Vs. Chairman, National Board of Revenue & ors, 2010, 39 CLC (AD)

.... People's Republic of Bangla­desh is directed against the judgment and order dated 27-10-2010 passed by a Division Bench of the High Court Division in Writ Petition No.4968 of 2007 discharging the Rule with a direction to the petitioner to make full payment of the claimed amount within two weeks......ave petition is dismissed. Cases Referred to- Injunction on the Bank Guarantee cannot sustain in view of the decision of the Uttara Bank Vs. Macneill & Kilburn, 33 DLR (AD) 298. Lawyers Involved: Ajmalul Hossain, QC Senior Advocate, instructed by Md. Wahidullah, Advoc..

Category: Business or Commercial Law | Date: 4 Jan, 2010 | Hits: 4

Paresh Chandra Biswas Vs. Sree Sree Shashan Kalimata Idol and others, 2009, 38 CLC (HCD)

....e Sree Shashan Kalimata Idol and others ……………...Respondents Judgment February 16, 2009. Result: The appeal is dismissed with costs and connected Rule is discharged. A religious endowment which is known as Debuttor and which arises on dedica......lip;………………(13) The relation of a Shebait in regard to the debuttor property is not that of a trustee to trust property under the English law. In English Law, the legal estate in the trust property vests in the trustee who holds it for the benefit of the..

Category: Others, Property Law | Date: 16 Dec, 2009 | Hits: 94

Nirmal Chandra Shaha Vs. The State and others, 2009, 38 CLC (HCD)

....liance to the Registrar of this Court. With the above directions and observations, the appeal is allowed. Naima Haider J. - I agree. This Case is also Reported in: 30 BLD (HCD) (2010) 584. ......e Secretary, Ministry of Home Affairs, 5 BLT (AD) 1; Rehana Begum and another Vs. Govt. of Bangladesh and others, 18 BLD 410; Mt. Bhagwati Vs. Dist. Judge of Aligarh AIR 1933, Allahabad 480.  Lawyers Involved: Humayun Hossain Khan, Senior Advocate with Md. Shahjahan, Advocate, Apeal Uddin..

Category: Women and Children | Date: 14 Dec, 2009 | Hits: 150

Government of Bangladesh Vs. Syed Md. Belayet Hossain, 2009, 38 CLC (HCD)

....r Md. Tafazzul Islam J. - This petition for leave to appeal has arisen out of the judgment and order dated 11.08.2009 of the High Court Division passed in Writ Petition No. 9788 of 2007 making the Rule absolute. 2. The respondent filed the above writ petition seeking payment of part of his sal......ary, Ministry of Education and another..............................Petitioners Vs. Syed Md. Belayet Hossain ........................................Respondent Order December 10, 2009. Lawyers Involved: A.K.M. Zahirul Haque, Additional Attorney General, instructed by Mrs. Sufia Kha..

Category: Employment/Service Law | Date: 10 Dec, 2009 | Hits: 159

Md. Saiful Islam and others Vs. State and another, 2009, 38 CLC (HCD)

....l Islam and others………………………Petitioners Vs. The State and another……………………….....Opposite party Judgment December 8, 2009. Result: The Rule is made absolute. The Code of Criminal Procedure, 1898 (V of 1898); section 200 ......€¦(11) Cases Referred to- Abul Kashem Khan Vs. the State, 56 DLR 435; Nakib Ashrab Ali Vs. the State and another, 7 BLT 370; Md. Ismail Vs. Md. Rafiqul Islam and others, 27 BLD (AD) 247. Lawyers Involved: Md. Shakhawat H.Khan, Advocate - For the petitioners. Sarwar Ahmed with ..

Category: Women and Children | Date: 8 Dec, 2009 | Hits: 14

Rezaul Kabir (Md.) and another Vs. Bangladesh and others, 2009, 38 CLC (HCD)

....y J Rezaul Kabir (Md.) and another..................Petitioners Vs. Bangladesh and others........................Respondents Judgment November 22, 2009. Result: The Rules are made absolute. Prior Show Cause Notice With Adequate Explanation It is fundament......gladesh, 60 DLR 61; Bangladesh Vs. Md. Selim Reza, 2003 BLD (AD) 193 = 8 BLC (AD) 126;R.v. Sussex Justices, ex p. McCarthy, (1924) 1 KB 256, 259; Zakir Ahmed Vs. University of Dacca, 16 DLR 361. Lawyers Involved: Zainul Abedin with SM Atikur Rahman—For the Petitioners (In all the Wri..

Category: Administrative Law, Employment/Service Law | Date: 22 Nov, 2009 | Hits: 3