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

.... the courts below violated this aspect of mandatory provision of law that oc­casioned failure of justice. The aforesaid pre­emption case according to the learned advo­cate also was hit by principle of estoppels, waiver and acquiescence because the pre-emptor and the sellers being full br......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. ......hman Molla and another Vs. Md. Rehazuddin and others, 8 BLC 479; Abdul Latif Vs. Rashid Ahmed and others, 2 BLC 73; Deputy Commissioner, Jessore Vs. Ershad Ali Moral and others, 25 BLD (AD) 161. Lawyers Involved: Kazi Abdul Khaleque- For the Peti­tioner. Sheikh Muhd. Serajul Islam..

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. ......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. ......low from construing it in one way or the other………………………..(16) The Anti-Corruption Commission Rules, 2007; Rule 10 The Criminal Law Amendment Act, 1958 (Act No. XL of 1958); section 6A Since consequence has not been given u..

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

Professor Dr. A F M Ruhul Haq and Others Vs. Govt. of Bangladesh & Others, 2008, 37 CLC (HCD) [অধ্যাপক ড.এ, এফ, এম, রুহুল হক গং বনাম বাংলাদেশ গং, ২০০৯, ৩৭ সিএলসি (হাইকোর্ট ডিভিশন)]

....রতিবেদন দাখিল করিবেন। বিচারপতি মোঃ আবু তারিক.-আমি একমত। Ed. This Case is also Reported in: ......ৎসকগণ এ স¤¦ন্ধে সব সময় সম্পূর্ণ সজাগ থাকেন এই মানবিক চিন্তা-চেতনা হইতেই International Code of Medical Ethics অন্যান্য নীতিসহ ঘোষনা ক......রতিবেদন দাখিল করিবেন। বিচারপতি মোঃ আবু তারিক.-আমি একমত। Ed. This Case is also Reported in: ..

Category: Civil Law, Employment/Service Law | Date: 18 Nov, 2008 | Hits: 3

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

.... formulated by their Lordships in the case or Col. Md. Hashmat Ali (Retired) Vs. Bangladesh reported in 47 DLR (AD) 1 as such this Court finds that the instant writ petition is maintainable under the principles as laid down in that case. Because it has been categorically provided in Article 102(5) o......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. ......mat Ali (Retired) Vs. Government of Bangladesh, 47 DLR (AD) 1; Bangladesh Vs. Md. Abdur Rab, 33 DLR (AD) 143; Yeahia Khan Vs. Government of Bangladesh, Writ Petition No. 5284 of 2004 (unreported). Lawyers Involved: Munsurul Hoque Chowdhury with Md. Yousuf Ali, Advocates — for the petitioner...

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

Professor Dr. A.F.M. Ruhul Hoque and others Vs. Bangladesh and others, 2008, 37 CLC (HCD)

....্কে তাহাদের প্রতিবেদন দাখিল করিবেন। বিচারপতি মোঃ আবু তারিক.- আমি একমত। ......চিকিৎসকগণ এ স¤¦ন্ধে সব সময় সম্পূর্ণ সজাগ থাকেন এই মানবিক চিন্তা-চেতনা হইতেই International Code of Medical Ethics অন্যান্য নীতিসহ ঘোষনা ক......্কে তাহাদের প্রতিবেদন দাখিল করিবেন। বিচারপতি মোঃ আবু তারিক.- আমি একমত। ..

Category: Constitutional Law | Date: 18 Nov, 2008 | Hits: 167

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. ......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. ......mat Setara Begum..........Petitioner Vs. Al-Arafah Islami Bank Ltd. and others.............Respondents Judgment November 11, 2008. Result: The Rule is discharged. Lawyers Involved: A.R.M. Shahidul Islam, Advocate - For the petitioner Kazi Md. Nurul A..

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. ......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. ......s made absolute without any order as to cost. Cases Referred to-  Abdur Razzaque Zoarder Vs. Government of Bangladesh, 58 DLR 245; Udayan Garments (Pvt) Ltd. Vs. Bangladesh, 59 DLR 615. Lawyers Involved:  Md. Oziullah, Advocate — For the Petitioner. Md. Zainul Abedin, Advo..

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. ......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. ......03 as a whole, it is obvious that the intention of the legislature is also to protect the right of the substituted heirs of mortgagor and guarantor……………………………………(18) Lawyers Involved: Hasan Foez Siddique, Advocate — For the Petitioner. No one appears —..

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)

....ween a guarantor, a creditor and the principal debtor. It has also been argued at length that the issuance of the two Letters of Guarantee are not necessarily in conflict with the "pay to be paid" principle for the simple reason that these operate within separate conceptual and functional sphere......Imperial Bank Vs. London and St Katherine Docks Company, [1877] 5 Ch. D 195, 200; MM Ispahani Ltd. Vs. Sonali Bank, 1984 BLD (AD) 242 = 37 DLR (AD) 1; Sonali Bank Vs. Hare Krishna Das, 49 DLR 282; International Finance Investment and Commerce Bank Ltd (IFIC) Vs. Chittagong Steel Mills Limited, 5......r(s) …………Defendants Judgment October 26, 2008. Result: The Applications are dismissed. Cases Referred to- "The Fanti" and " The Padre Island', [1990] 2 Lloyd's Law Report, 191; Imperial Bank Vs. London and St Katherine Docks Company, [1877] 5 Ch. D 195, 200; ..

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)

....ating an extradition process against him. Learned Deputy Attorney-General could not disown the fact of the unconscionable laches on the part of Government in the matter. This is certainly against the principle of human liberty. None should be detained in custody with­out any judicial proceeding in ......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. ......of Bangladesh and others………............Respondents Judgment August 20, 2008. Result: The Rule is made absolute. Case Referred to- Abdul Abedin Abdul Vs. State, 53 DLR 109. Lawyers Involved: AM Mahbub Uddin, Advocate - For the Petitioner.  Razik-al-Jalil, Deputy..

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

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

.... Others Vs. Sharon Laily Begum Jalil 1998 BLD (AD) 22 = 50 DLR 55 and also in the case of Farhana Vs. Samudra Eiazul Haque and Others (2008) 60 DLR 12. The facts of those cases are different. But the principle enunciated in those cases that a Writ Petition in the form of habeas corpus is maintainabl......med when an alleged father is unavailable for DNA Paternity Test’ and it is necessary to know if the siblings have one or both parents in common……………………(20)  Application of International Conventions in Bangladesh The courts of Bangladesh will not enforce those Covenant......ngladesh, 2001 BLD (AD) 69, Apparel Export Promotion Council v. Chopra, AIR 1999 SC 625, Marggarate Maria Pulparampil Nee Feldman Vs. Dr. Chacko Pulparampil and Others, AIR 1970 Kerala (FB).  Lawyers Involved:  Mrs. Fawzia Karim Firoze with Mrs. Rebaka Sultan and Mrs. Sathi Shajahan-..

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. ......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. ......uhith Vs. Social Investment Bank Limited, 54 DLR 306; 19 DLR 735; 20 DLR (SC) 335; 28 DLR (SC) 102; 44 DLR 452; AIR 1936 Allahabad, (Full Bench) 830; 79 Company Cases 830; AIR 1947 Madras 322. Lawyers Involved: Nasim Khan, Advocate — For the Petitioner. Shafique Ahmed, Mahbub S..

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

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

....ises upon which, the writ petition was made, in short, are that the separation and independence of the judiciary from the executive and legislative organs have been the cornerstone of the fundamental principles of State policy as enshrined in Article 22 of the Constitution. The Constitution in numbe......e involves substantial questions of law as to the interpretation of the Constitution, which may be decided by the Appellate Division. Ed. This Case is also Reported in: 60 DLR (2008) 714. ......ection Tribunal, Sylhet, 1981 BLD 132; Sargodha Bhera Bus Service Ltd. vs. Province of West Pakistan 11 DLR (SC) 285; Supreme Court Advocates-on-Record Association vs. Union of India AIR 268 SC. Lawyers Involved: M Amir-ul-Islam, with Dr Shahdeen Malik and Idrisur Rahman, Advocates—F..

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. ......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. ......utory period of 90 days for disposal of the appeal..............................(13 & 14) Case Referred to- A.C.C. Vs. Barrister Mir Md. Helaluddin and another, 60 DLR (AD) 57. Lawyers Involved: M. Amirul Islam with Shafique Ahmed, M. Enayetur Rahim, Nurul Islam, Advocat..

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

Md. Mafizur Rahman Tutu and others Vs. State, 2008, 37 CLC (HCD)

....d counsel for the petitioners. We have gone through the decisions of the case reported in 1985 BLD (AD) 278, as referred by the learned Counsel for the petitioner. We are in respectful agreement with principles enunciated therein, but the facts leading to that case is quite distinguishable to that o......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. ......er this Act. for this reason, an application for quashing the proceedings are not the cor­rect exposition of law. Case Referred to- Kali Pada Sana Vs. The State, 1985 BLD (AD) 278. Lawyers Involved: Md. Fakhar Uddin, Advocate - For the accused-petitioners.  Helaludd..

Category: Criminal Law | Date: 31 Jul, 2008 | Hits: 92

Motahera Begum and others Vs. Abdul Monaf and others, 2008, 37 CLC (HCD)

....y right and justified in allowing the appeal and thereby reversing the judgment and decree passed by the trial court and hence no interference is called for by this court. 11. By now the settled principle of law in exercising the revisional power under Section 115 of the Code of Civil Procedure......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. ......, 21 B.L.D.(H.C) 14; Khurshid Ali and others Vs. Noorjahan Bewa and oth­ers, 15 B.L.D. (A.D) 82; Hazari Bala Sana and another Vs. Niron alias Nironjan Mondal and others, 17 B.L.D. (A.D) 295. Lawyers Involved: Golam Rabbani with Ruhul Bari Sharif- For the Plaintiff-Respondent-Petitioner..

Category: Property Law | Date: 30 Jul, 2008 | Hits: 2

Md. Karamot Ali Alias Rafique Alias Rafiqul Islam Vs. The State, 2008, 37 CLC (HCD)

....t while punishing him he sentenced him to suffer imprisonment for 7 years and to pay a fine of Taka 5000/- in default of payment of fine to suffer imprisonment for 6 months more. It is an established principle of law that punishment must commensurate with the gravity of the offence. For recovery of ......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.       ......hellip;……State Judgment July 30, 2008. Result: The Rule is discharged. Case Referred to- Md. Jahangir Alam alias Zakir Vs. The State, 10 MLR (AD) 335. Lawyers Involved: Hasan Foez Siddique with Md. Kabirul Islam, Advocates- For the Accused Petiti..

Category: Criminal Law | Date: 30 Jul, 2008 | Hits: 5

State Vs. Metropolitan Police Commissioner, Khulna and others, 2008, 37 CLC (HCD)

....nd that courts should not ignore the international obligations, which a country undertakes. If domestic laws are not clear enough or there is nothing therein, the national courts should draw upon the principles incorporated in the international instruments. If domestic law is inconsistent with inter......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. ...... Liberties Vs. Union of India, 1997 SCC (Cri) 434; Minister for Immigration and Ethnic Affairs Vs. Teoh, (1995) 69 LJ 423, Hussain Muhammad Ershad Vs. Bangladesh 2001 BLD (AD)69=7 BLC (AD)67. Lawyers Involved: Ms. Fahima Nasrin, Advocate with Ms. Habibunnesa, Advocate-For Arifa. Joynul..

Category: Women and Children | Date: 22 Jul, 2008 | Hits: 147

Md. Abdul Jabber Biswas and others Vs. Aysha Khatoon and others, 2008, 37 CLC (HCD)

....4. The purchasers pre-emptees contested the case by filing written objection denying the material allegations and stating that the preemption application suffers from defect of parties, barred by the principle waiver, estoppel and acquiescence, the preemptors were tendered to purchase the land under......er Court's Records immediately. However, there is no order as to costs. Ed. This Case is also Reported in: 29 BLD (HCD) (2009) 28.         ......and others………………………………Respondents Judgment July 21, 2008. Result: The rule is discharged. Lawyers Involved: Abdul Awal Meah with Chowdhury Nasima- For the Petitioners. Mozammel Hoq..

Category: Property Law | Date: 21 Jul, 2008 | Hits: 3

Md. Abdul Jabber Biswas Vs. Aysha Khatoon and others, 2008, 37 CLC (HCD)

....4. The purchasers pre-emptees contested the case by filing written objection denying the material allegations and stating that the preemption application suffers from defect of parties, barred by the principle waiver, estoppel and acquiescence, the preemptors were tendered to purchase the land under...... the Lower Court's Records immediately. 13. However, there is no order as to costs. Ed. This Case is also Reported in: 29 BLD (HCD) (2009) 28.       ......;………………………………….Respondents Judgment July 21, 2008. Result: The rule is discharged. Lawyers Involved: Abdul Awal Meah with Chowdhury Nasima- For the Petitioners. Mozammel Hoq..

Category: Property Law, Tenancy Law | Date: 21 Jul, 2008 | Hits: 5