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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. ......, 2007 pending in the Court of Special Judge, Court No. 10, Dhaka calling upon the opposite parties to show cause as to why the case, referred above, shall not be quashed and/or such other or further order or orders passed as to this Court may seem fit and proper. 2. In short, facts relevant fo......CR 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. ......ourt Division (Criminal Appellate Jurisdiction) Present: Md. Anwarul Haque J Farah Mahbub J Habibur Rahman Molla ………………Accused-Petitioner Vs. State ……………….............................

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: ......hout lawful authority and to be of no legal effect as being violative of the petitioners fundamental rights as guaranteed under Articles 27, 31 and 42 of the Constitution and/or such other or further order or orders passed as to this Court may seem fit and proper. Pending disposal of the Rule t...... উপরোক্ত আইনের প্রস্তাবনা নিুরূপঃ “..............to provide for the constitution of a Medical and Dental Council, for regulating registration of medical practitioners and dentists and also for the purpose of establishing a un......ের প্রস্তাবনা নিুরূপঃ “..............to provide for the constitution of a Medical and Dental Council, for regulating registration of medical practitioners and dentists and also for the purpose of establishing a uniform standard of basic and higher q..

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

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. ...... 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 respondent Bangladesh Rifles authority to show cause as to why the order dated 1-10-2001, disclosed in Annexure- C, issued by the respondent No.4 and the order dated 3......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. ......ed in: 61 DLR (HCD) (2009) 485. ..

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। ......hout lawful authority and to be of no legal effect as being violative of the petitioners fundamental rights as guaranteed under Articles 27, 31 and 42 of the Constitution and/or such other or further order or orders passed as to this Court may seem fit and proper. Pending disposal of the Rule t......৬-১০-২০০৬ তারিখে প্রতিবাদীগণ বরাবরে নিন্মলিখিত Rule NISI জারী করেনঃ “Let a Rule Nisi issue calling upon the Respondents to show cause, why S.R.O. No. 211-Ain/2005/SoMo(Bidhi-5)-31/04 dated 7.7.20......6/Sorasori-2/2006(1-81) 94 dated 28.05.2006 issued by respondent no. 3 should not be declared as have been issued without lawful authority and to be of no legal effect as being violative of the petitioners fundamental rights as guaranteed under Articles 27, 31 and 42 of the Constitution and/or such ..

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. ......rim 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 24-08-2006 (Annexure-E to the writ petition) passed by the Artho Rin Adalat no.4, Dhaka......py of judgment for information and necessary action. Ed. This Case is also Reported in: 14 MLR (HCD) (2009) 480. ...... 480. ..

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)

....niority list of the Assistant Director in Administrative Cadre preferred by the Board vide Memo No. 73-Paubo (Sochi)/Administrative-2 dated 8-3-2003 and the same was prepared finally and accordingly, published the Seniority List and petitioner's name appeared at serial No. 44 of the said seniority l......ioner Vs. Government of the People's Republic of Bangladesh and others………………………Respondents Judgment November 9, 2008. Result: The Rule is made absolute without any order as to cost. Cases Referred to-  Abdur Razzaque Zoarder Vs. Government of Bangladesh......rovision of Bangladesh Water Development Board (Employees) Service Rules. 1982. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 689. ......R (HCD) (2009) 689. ..

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. ......……. Petitioner Vs. Artha Rin Adalat No. 1 Rajbari and others………………..Respondents Judgment November 5, 2008. Result: The Rule is made absolute without any order as to cost. The Artha Rin Adalat Ain, 2003 (Act No. VIII of 2003) Whether the prov......tion and necessary action to all respondents. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 638; 15 MLR (HCD) (2010) 1. ......(2010) 1. ..

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. ...... Sved Md. Jabed Parvez, Assistant Attorney General — For the State Respondent. Criminal Appeal No. 5204 of 2008. Judgment Tariq-ul-Hakim J. - This appeal is directed against the order dated 24-7-2008 passed by the learned Judge, Special Tribunal No. 3, Satkhira in Special Tribu......ira 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. ..

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)

....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. ......ame entity as plaintiff being aggrieved by the short landing of Crude Degummed Soya Bean Oil. Such a state of affairs led the plaintiff in both the Suits to initiate legal proceedings and to obtain orders of arrest of the concerned vessels as security for the claims made. It is at this juncture t......61 DLR (HCD) (2009) 244. ......n Protection and Indemnity Associations ("P&I clubs") for the purpose of insuring themselves against a wide range of risks not covered by an ordinary policy of marine insurance. By so entering one or more of their ships in a P&I club ship owners become members of that club. P&I clubs..

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. ......he Ministry of Home Affairs, Government of Bangladesh through the Deputy Commissioner, Noakhali to arrest the detenu. The detention was declared illegal by the High Court Division as evidenced by the order dated 11-1-2001 of the Court of Magis­trate, Noakhali. The detenu has since been confined in ......ct 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. ......n: 13 BLC (HCD) (2008) 843. ..

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. ......2006 for discharge. The Trial Magistrate upon hearing the parties framed charge against the accused-petitioner in rejecting the application under section 241A of the Code of Criminal Procedure by his order dated 5-11-2006. 5. The accused-petitioner being aggrieved and dissatisfied with the proc...... Court No. 1, Munshiganj is hereby quashed. Communicate this Judgment at once. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 52. ......upreme Court High Court Division (Criminal Miscellaneous Jurisdiction) Present: Tariq-ul-Hakim J Sheikh Abdul Awal J Ayub Ali alias Mukul ……………..Accused Petitioner Vs. State ……………….......................Opposite Party Judgment ..

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)

.... this respondent, in short, is that all news items regarding the sept-up-let are extorted news without any basis. At the behest of the petitioner and added respondent No. 5, the baseless stories were published in newspapers and the news items were misleading and contrary to the actual state of affai......n a single instance of pregnancy a serious doubt was created about their parenthood in the mind of the general public. It was alleged that the DIG’s wife used to procure children of various ages in order to traffic them out of the country as gathered from various newspapers. Meanwhile, the news re......elow shall proceed as usual.  Farid Ahmed J.- I agree.  This Case is also Reported in: 61 DLR (HCD) (2009) 371. ......urt Division  (Special Original Jurisdiction)  Present:  Syed Mahmud Hossain J  Farid Ahmed J  Bangladesh Jatiyo Mahila Ainjibi Samity (BJMAS)....... ....Petitioner  Vs.  Ministry of Home Affairs and Others.............. Respondents  Ju..

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. ......rising out of  to exercise power under the provision of section 193. Section 2(d) of the Companies Act, 1994, which conferred power upon the Company Bench, has categorically provided that in order to exercise power in respect of adjudicating any dispute respecting any company express and s....... However, there shall be no order as to cost. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 226. ...... ..

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

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

....oval of the judges of the Supreme Court but the procedure for appointment has been dealt within broader terms and manner in Articles 94, 95, 97 and 98 of the Constitution. 10. The Ordinance was published in the Bangladesh Gazette Extraordinary on Sunday, March 16, 2008 providing matters for ap......2008) 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 t......ation of the Constitution, which may be decided by the Appellate Division. Ed. This Case is also Reported in: 60 DLR (2008) 714. ...... Present: MA Rashid J Nazmun Ara Sultana J Md. Ashfaqul Islam J Idrisur Rahman (Md)……………………………Petitioner Vs. Bangladesh……………………&hellip..

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

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

....en in I.C.U. in the Hospital 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 co......Muzammel 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 Ca...... Chief Metropolitan Magistrate, Dhaka. Communicate the order. Ed. This Case is also Reported in: 28 BLD (HCD) (2008) 483. ......p­tion Act, 1947 and sentencing him there under to suffer rigorous imprisonment for a period of 10(ten) years and to pay a fine of Tk. 10,00,000/- in default to suffer rigorous imprisonment for 1(one) year and also confis­cated the properties acquired through im­proper means, disproportionate..

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)

....f the extended area. Zafar Ahmed sold 1(one) acre of land out of R.S. Plot No.95 by kabala dated 31.08.1976 to the defendant No.1 and handed over posses­sion accordingly and B.S. Khatian has been published in his name. The plaintiff also pur­chased .37 decimals of land from the said Zafar Ah......tiff has been in exclusive possession and the name of the plaintiff has been mutated by separating the jama in Mutation Case No.2649/1991-92 and his name was also re­corded in the B.S. Khatian by order dated 09.06.1992. The plaintiff for his exclusive use constructed the boundary walls in all si...... This Case is also Reported in: 29 BLD (HCD) (2009) 135. ......sion (Civil Jurisdiction) Present: Syed Abu Kowser Md. Dabirush-Shan J S.M. Mohiuddin Hossain…………………………Petitioner Vs. Jalalabad Co-Operative Housing Society Limited and others………..

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

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

....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. ......e under this Act by the Police. He adds that the first information report clearly discloses the offence under section 22(ga) of the Act. So the proceedings cannot be quashed at this stage. 7. In order to appreciate the submissions advanced by the learned Counsel's, we have gone through the ......ate 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. ...... (Criminal) Present: Md. Abdul Quddus J Syed Md. Ziaul Karim J Md. Mafizur Rahman Tutu and others……………………..Accused Petitioners Vs. The State……………………&hellip..

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

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

....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. ......g been concluded on finding of facts as such no inter­ference is called for in revision under Section 115(1) of the Code of Civil Procedure. In the result, the rule is discharged without and order as to the costs. Lower Courts record be sent down at once with a copy of the judgment. ......shy;ers, 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-Petitioners. Md. Alamgir Kabir- For the Defen­dant-Appellant-Opposite Par......ion) Present: Syed Abu Kowser Md. Dabirush-Shan J Motahera Begum and others…………………………………Petitioners Vs. Abdul Monaf and others…………………&h..

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

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

....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.       ...... Code of Criminal Procedure was issued at the instance 6f convict petitioner Md. Karamot Ali alias Rafique alias Rafiqul Islam calling upon the opposite party to show cause as to why the judgment and order dated 22.10.2006 passed by the learned Judge of the Special Tribunal No.1, Kushtia in Special ......long with a copy of the judgment at once. Ed. This Case is also Reported in: 29 BLD (HCD) (2009) 250.       ...... High Court Division (Criminal Jurisdiction) Present: Sheikh Rezowan Ali J Md. Rais Uddin J Md. Karamot Ali Alias Rafique Alias Rafiqul Islam………Petitioner Vs. The State………………………..

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

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

....cate -For the respondent No.1. Md. Shamsul Huq, Advocate -For the respondent No.3. Suo Motu Rule No. 04 of 2008. Judgment Md. Imman Ali J. - This Rule was issued when a newspaper report published in the Daily Star dated 22.04.2008, under the following caption was brought to the notice ......n accordance with section 66 of the Children Act, 1974 (the Act, 1974). In due course we received a further report from the CMM under Memo No. KMM-113/08-488 dated 12.06.2008 along with copies of the order sheet of G.R. No. 559/2008, deposition of witnesses examined by him in the course of the inqui......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. ......0 DLR (HCD) 660. ..

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