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

....uating fortunes of a corporate entity that has had to face the exigencies of sub-continental politics and state formation as evident in the Partition of the Sub-Continent in 1947 and the emergence of Bangladesh in 1971. It is evident that the vicissitudes of Pakistan’s internal politics, the i......tral Calcutta, AIR 1959 (SC), 775 R. Mathalone Vs. Bombay Life Assurance Co. Ltd. AIR 1953 (SC), 385; Ebrahimi Vs. Westbourne Galleries Ltd. [1973] AC 360, [1972] 2 All ER 492, M/s. Nibro Limited Vs. National Insurance Co. Ltd. AIR 1991 Delhi; United Bank of India Vs. Naresh Kumar and others, AIR 1...... 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. ......elhi; United Bank of India Vs. Naresh Kumar and others, AIR 1997 (SC), 3; Freeman Vs. Buckhurst Park Properties, [1964] 1 All E.R. 630; Tamizul Haque Vs. Shamsul Haque, 43 DLR (AD)(1991), 34. Lawyers Involved: Akhtar Imam, Senior Advocate with Ramzan Ali Sikder and Abdullah Mahmood Has..

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

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

.... 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. ...... 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. ...... 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. ......e there are specific remedies available to a party under the Code, he cannot challenge the said order in revisional jurisdiction at his sweet will…………………………………..(5) Lawyers Involved: Asadullah, Advocate — For the Petitioner. Md. Abul Kashem Bhuiyan, ..

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

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

....rt Division (Special Original Jurisdiction) Present: Md. Imman Ali J Md. Ashfaqul Islam J Abul Kashem (Md.)……………………Petitioner Vs. Government of Bangladesh represented by the Secretary, Ministry of Local Government and Co-operatives and others......ithout any order as to cost. The order of stay granted earlier by this Court is hereby vacated and recalled. Ed. This Case is also Reported in:  61 DLR (HCD) (2009) 249.  ......ithout any order as to cost. The order of stay granted earlier by this Court is hereby vacated and recalled. Ed. This Case is also Reported in:  61 DLR (HCD) (2009) 249.  ......e A statute has to be interpreted in its literal meaning after going through the entire provision itself when it is viewed in the context of a particular situation...................(15) Lawyers Involved: Md. Shafique Ahmed with Zaman Akter, Advocates — For the Petitions. (In a..

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

Kamal Hossain (Md.) alias Md. Kamal Pramanik Vs. State, 2008, 37 CLC (HCD)

....he LC records along with a copy of this judgment to the Tribunal concerned immediately for information and necessary action. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 505. ......he LC records along with a copy of this judgment to the Tribunal concerned immediately for information and necessary action. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 505. ......he LC records along with a copy of this judgment to the Tribunal concerned immediately for information and necessary action. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 505. ......guilt of the accused. The accused has no burden to prove his innocence. .......................(10) Cases Referred to- Sohel Rana Vs. State, 57 DLR 591; Abed Ali Vs. State, 34 DLR 366. Lawyers Involved: Md. Faruk Hossain with Md. Salim Azad, Advocates — for the Appellant. ..

Category: Women and Children | Date: 23 Nov, 2008 | Hits: 7

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

....ration and misconstruction of any evi­dence and materials on record and prayed for discharge of the rule. In support of his conten­tion he cited the decision in the case of Gov­ernment of Bangladesh, represented by the Deputy Commissioner, Jessore Vs. Ershad Ali Moral and others, reporte......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. ......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)

....of significant amount of time, e.g. at the stage of trial where evidence of 17 witnesses have already been recorded by the trial Court. Cases Referred to- Abdul Hakim Vs. State, 45 DLR 352; Bangladesh Vs. Iqbal Hasan Mahmood, 60 DLR (AD) 147; Niamat Ali Sheikh. Vs. Begum Enayetur Noor, 199......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. ...... 42 DLR (AD) 250; Wadud Vs. State, 48 DLR (AD) 6; Golam Sarwar Hiru Vs. State, 13 MLR (AD) 102; Bangladesh Vs. Iqbal Hasan Mahmood, 60 DLR (AD) 147; State of HP Vs. Lekh Raj, 2000 SCC (Crl) 147. Lawyers Involved: Abdul Matin Khasru with Sk Baharuk Islam with Motiur Rahman with Md. Habibur ..

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)]

....ীগণ রায় প্রদানঃ নভেম্বর ১৮,২০০৮ Medical Council Act, 1973 Medical and Dental Council Act, 1980 (Act XVI of 1980)  Bangladesh Civil Service Recruitment Rules, 1981 উপরোক্ত আইনের প্......রতিবেদন দাখিল করিবেন। বিচারপতি মোঃ আবু তারিক.-আমি একমত। Ed. This Case is also Reported in: ......রতিবেদন দাখিল করিবেন। বিচারপতি মোঃ আবু তারিক.-আমি একমত। Ed. This Case is also Reported in: ......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)

....HCD) (2009) 485. ......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. ......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)

....রা ৭-৭-২০০৫ তারিখের এস.আর.ও. নং ২১১-আইন/২০০৫-সম(বিধি-৫)-৩১/০৪ এর প্রজ্ঞাপন মারফৎ Bangladesh Civil Service Recruitment Rules, 1981 এর সংশোধনীর মাধ্যম......্কে তাহাদের প্রতিবেদন দাখিল করিবেন। বিচারপতি মোঃ আবু তারিক.- আমি একমত। ......্কে তাহাদের প্রতিবেদন দাখিল করিবেন। বিচারপতি মোঃ আবু তারিক.- আমি একমত। ......্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)

....-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 upon the respondents to show cause as to why the impugned order dated 24-08-200......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)

....ion (Special Original Jurisdiction) Present: AFM Abdur Rahman J SM Emdadul Hoque J Khabiruddin Ahmed…………………….Petitioner Vs. Government of the People's Republic of Bangladesh and others………………………Respondents Judgment November 9, 2008. Resu......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)

.... 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, calling upon the respondents to show cause as to why the order No. 38 dated 10-4-2007 pa......le. 8. The Rule is opposed by the respondent No. 2, Sonali Bank by filing affidavit-in-opposition, stating that the Sonali Bank Limited was established under the Provisions of Bangladesh Bank's (Nationalisation) Order, 1972 (President's Order No. 26 of 1972) in order to perform functions as pre......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

Ziad Ali Gazi (Md.) Vs. State, 2008, 37 CLC (HCD)

.... satisfaction of the Special Tribunal No. 3, Satkhira before whom the case is pending for trial. Communicate the order at once. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 807. ...... satisfaction of the Special Tribunal No. 3, Satkhira before whom the case is pending for trial. Communicate the order at once. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 807. ...... satisfaction of the Special Tribunal No. 3, Satkhira before whom the case is pending for trial. Communicate the order at once. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 807. ......wed. Even though the charge sheet was submitted, the charge was not framed and the completion of the trial is not likely to be soon. In such cases, bail can be granted ………….(8) Lawyers Involved: SK Rezaul Islam, Advocate — For the Appellant. Sved Md. Jabed Parvez, Ass..

Category: Criminal Law | Date: 28 Oct, 2008 | Hits: 27

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

....rt. By that reason this Court is satisfied that the P&I clubs in both the suits have properly been imp leaded as defendant No. 1 in each Suit and by necessity leading to their correspondents in Bangladesh being imp leaded as parties as well. That being the case, this Court finds no hindrance ......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. ......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. ......Das, 49 DLR 282; International Finance Investment and Commerce Bank Ltd (IFIC) Vs. Chittagong Steel Mills Limited, 55 DLR 417; Bank of Bihar Limited Vs. Dr. Damodar Prasad, 1969 AIR (SC) 297. Lawyers Involved: Karishma Jahan, Advocate — For the Plaintiffs. Md. Hafizullah, Senio..

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)

....Supreme Court High Court Division (Special Original Jurisdiction) Present: Syed Mahmud Hossain J Farid Ahmed J Taj Nahar Begum..................Petitioner Vs. Government of Bangladesh and others………............Respondents Judgment August 20, 2008. Result: ......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. ......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

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. ...... 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. ...... 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. ......DLR 565; Habib Vs. State represented by the Deputy Commissioner, 52 DLR 105; Md. Rustam AH Mataubbar Vs. Md Salauddin, 7 BLT (AD) 132 = 50 DLR (AD) 301; Abdul Karim Vs. Shamsul Alam, 45 DLR 578. Lawyers Involved Zainul Abedin with SM Mahbubul Islam, Advocates — For the Petitioner. K..

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)

....n: 61 DLR (HCD) (2009) 371. ......d stated that till 2-30 p.m. she was not given any food.  Therefore, we have decided that till completion of the DAN test, the seven children shall remain in the interim custody of Bangladesh National Women Lawyers Association and Bangladesh Society for Enforcement of Human Rights represente......that till 2-30 p.m. she was not given any food.  Therefore, we have decided that till completion of the DAN test, the seven children shall remain in the interim custody of Bangladesh National Women Lawyers Association and Bangladesh Society for Enforcement of Human Rights represented by Mrs.......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)

....tion of the High Court Division Section 193 of the Companies Act, 1994 has not been articulated as a provision, which comes under the ambit of the Company Bench of the High Court Division of Bangladesh Supreme Court as provided in section 2(d) of the Companies Act, 1994. The provision of s......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)

....A Rashid J Nazmun Ara Sultana J Md. Ashfaqul Islam J Idrisur Rahman (Md)……………………………Petitioner Vs. Bangladesh……………………………&h......ecutive has accepted the judicially devised procedure for appointment of judges of superior Courts. But I want to remind the learned advocates that in India also an endeavour was made to constitute a National Judicial Commission for selecting competent persons for appointment to the post of judges o......as well as Article 147 of the Constitution. For election of the President a separate law, namely, the President Election Act, 1991 was enacted. Similarly, a separate law, namely, Parliament (Reserved Women Seat) Election Act, 2004 has been enacted for election of women members of Parliament for 45 r......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)

....y his representative and subse­quently he submitted a supplementary state­ment of wealth to the A.C.C.; that he was the son of Ex-Prime Minister late M. Mansur Ali, a great hero and organizer of Bangladesh Lib­eration War, 1971; that he was an elected Member of Parliament for four terms and a...... without any improve­ment. It is also asserted that he has been suf­fering from serious illness endangering life as reflected on various news items on different dates published in almost all the National Daily Newspapers (Annexure-X series) stat­ing the critical condition of his health; that ......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