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Md. Emdad Hossain and another Vs. Bangladesh Biman Corporation and others, 2008, 37 CLC (HCD)

....ervice are declared to have been passed without lawful authority having no legal effect. There is no order as to costs. Ed. This Case is also Reported in: 28 BLD (HCD) (2008) 461. ......7 were heard together and are being disposed of by this common judgment as they do involve common questions of laws and facts. 2. The petitioners of both the Writ Petitions have challenged the order retiring them from service according to Regulation 11A (2) of the Bangladesh Biman Corporatio......having no legal effect. There is no order as to costs. Ed. This Case is also Reported in: 28 BLD (HCD) (2008) 461. ......ourt High Court Division (Special Original Jurisdiction) Present: Syed Mahmud Hossain J Farid Ahmed J Md. Emdad Hossain…………………………………. Petitioner (In Writ Petition No. 479 of 2007) Suheli Mahmood…………………………………â..

Category: Procedural Law | Date: 4 Jun, 2008 | Hits: 7

Md. Mannan Alias Mannan Khan Vs. State, 2008, 37 CLC (HCD)

....e petitioner. Send down the records, of this case at once with a copy of judgment for information and necessary action. Ed. This Case is also Reported in: 28 BLD (HCD) (2008) 664. ...... Respondent. Criminal Appeal No. 3627 of 2007. Judgment Syed Md. Ziaul Karim J.- By this Ap­peal, the convict appellant has challenged the legality and propriety of the judgment and order of conviction and sentence dated 26-07-2007 passed by the learned Additional Ses­sion Judge,......at once with a copy of judgment for information and necessary action. Ed. This Case is also Reported in: 28 BLD (HCD) (2008) 664. ......d to cross examine them. P.W.10, verified the previous case of the accused. P.W.11 filled up the form of the first information report. P.W.12 was the in­vestigation officer. The defence examined none. 6. The defence case as it transpires from the trend of cross examination were that of inn..

Category: Criminal Law | Date: 4 Jun, 2008 | Hits: 3

Abul Kashem-al-Asad Vs. Abdul Muhib and others, 2008, 37 CLC (HCD)

....rt of Joint District Judge Second Court, Sylhet is rejected. No order as to costs. Communicate the order at once. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 502. ......€” For the Opposite Parties. Civil Revision No. 2670 of 2004. Judgment MA Wahhab Miah J.- This Rule was issued calling upon opposite parties No. 1-6 to show cause as to why the orders dated 17-4-2002 and 17-4-2003 passed by the Joint District Judge, Second Court, Sylhet in Ti......o Reported in: 61 DLR (HCD) (2009) 502. ...... High Court Division (Civil Revisional Jurisdiction) Present: MA Wahhab Miah J Afzal Hossain Ahmed J Abul Kashem-al-Asad……………………… Petitioner Vs. Abdul Muhib and others……………… Opposite Parties Judgment May..

Category: Procedural Law | Date: 28 May, 2008 | Hits: 5

Hormuz Sikder & others Vs. Ayub Ali Sikder & others, 2008, 37 CLC (HCD)

....s from the date of receipt of this judgment. There will be no order as to costs. Ed. This Case is also Reported in:  29 BLD (HCD) (2009) 271.       ...... Islam-For the Opposite Party No.1. Civil Revision No. 2171 of 2005. Judgment Md. Abdul Wahhab Miah J.-This rule was issued calling upon opposite party No.1 to show cause as to why the order dated 12.03.2005 passed by the Additional District Judge, Munshigonj in Civil Revision No.15 o...... in:  29 BLD (HCD) (2009) 271.       ......Miah J Afzal Hossain Ahmed J Hormuz Sikder & others…………………………………………Petitioners Vs. Ayub Ali Sikder & others………………&hel..

Category: Property Law | Date: 26 May, 2008 | Hits: 3

Harmuj Sikder & others Vs. Ayub Ali Sikder & others, 2008, 37 CLC (HCD)

....preferably within 6(six) months from the date of receipt of this judgment. There will be no order as to costs. Ed. This Case is also Reported in: 28 BLD (HCD) (2008) 457.  ......Islam-For the Opposite Party No.1. Civil Revision No.2171 of 2005. Judgment Md. Abdul Wahhab Miah J.- This rule was issued calling upon opposite party No.1 to show cause as to why the order dated 12.03.2005 passed by the Additional District Judge, Munshigonj in Civil Revision No.15......s also Reported in: 28 BLD (HCD) (2008) 457.  ...... (Civil Jurisdiction) Present: Md. Abdul Wahhab Miah J Afzal Hossain Ahmed J Harmuj Sikder & others……………………………………………………..Petitioners Vs.  Ayub Ali Sikder & others……………………………………â€..

Category: Property Law | Date: 26 May, 2008 | Hits: 7

Abul Kalam Azad (Md.) Vs. State and another, 2008, 37 CLC (HCD)

.... Metro Sessions Case No. 152 of 2007 pending in the court of Metropolitan Assistant Sessions Judge, 5th Court, Dhaka is quashed. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 91. ...... Metro Sessions Case No. 152 of 2007 pending in the court of Metropolitan Assistant Sessions Judge, 5th Court, Dhaka is quashed. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 91. ......e court of Metropolitan Assistant Sessions Judge, 5th Court, Dhaka is quashed. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 91. ......Supreme Court High Court Division (Criminal Revisional Jurisdiction) Present: Sharifuddin Chaklader J Md. Emdadul Haque Azad J Abul Kalam Azad (Md.)……….......Petitioner Vs. State and another……………….....Opposite parties Judgment May 2..

Category: Banking Law | Date: 22 May, 2008 | Hits: 227

Mohd. Showkot Ali Vs. National Board of Revenue and others, 2008, 37 CLC (HCD)

....l authority and as such, of no legal effect and is accordingly, quashed for the ends of justice. Communicate at once. Ed. This Case is also Reported in: 28 BLD (HCD) (2008) 455. ......of Corruption Act, 1947, rule 15 of the Emergency Powers Rules, 2007 and section 156 of the Customs Act, 1969. 4. Upon receipt of the charge sheet, the Metropolitan Senior Special Judge by his order dated 22.11.07 took cognizance of offences under section 409 read with section 109 of the Pe...... quashed for the ends of justice. Communicate at once. Ed. This Case is also Reported in: 28 BLD (HCD) (2008) 455. ......(Special Original Jurisdiction) Present: Mohammad Abdur Rashid J Md. Ashfaqul Islam J Mohd. Showkot Ali………………………………………………………….Petitioner Vs. National Board of Revenue, Represented by its Chairman, Segunabagicha, Dhaka a..

Category: Criminal Law | Date: 18 May, 2008 | Hits: 3

Mrs. Shahida Khatun and another Vs. Zafrul Hasan and State, 2008, 37 CLC (HCD)

..... 19. Office is directed to send down the record of the case with a copy of Judgment for information and necessary action. Ed. This Case is also Reported in: 17 MLR (HCD) (2012) 463. ......Rule was issued, on an application under section 561A of the Code of Criminal Procedure, at the instance of accused petitioners, calling upon the opposite parties to show cause as to why the impugned order dated 08-01-2004 passed by the learned Magistrate, First Class Jessore, in C.R. Case No.549 of......rd of the case with a copy of Judgment for information and necessary action. Ed. This Case is also Reported in: 17 MLR (HCD) (2012) 463. ......Court High Court Division (Criminal) Present: Md. Abdul Quddus J Syed Md. Ziaul Karim J Mrs. Shahida Khatun and another………………………………Accused petitioners Vs. 1. Zafrul Hasan………………………………Complainant opposite party ..

Category: Procedural Law | Date: 18 May, 2008 | Hits: 41

Md. Sadaqat Khan (Fakku) and 10 others Vs. Chief Election Commissioner, Bangladesh Election Commission, 2008, 37 CLC (HCD)

....a copy of this order be sent to the Election Commission at once for guidance and necessary action Md. Ashfaqul Islam J.- I agree Ed. This Case is also Reported in: 60 DLR (HCD) (2008) 407. ......fy to be a voter on legal ground. Officers responsible for preparing voter list have to act in accordance with law and they cannot act upon request of the petitioners. With regard to the judgment and order of Writ Petition No. 3831 of 2001, it is also claimed that the Solicitor's office was instruct......n at once for guidance and necessary action Md. Ashfaqul Islam J.- I agree Ed. This Case is also Reported in: 60 DLR (HCD) (2008) 407. ...... High Court Division (Special Original Jurisdiction) Present: Mohammad Abdur Rashid J Mohammad Ashraful Islam J Md. Sadaqat Khan (Fakku) and 10 others…………………….…Petitioners Vs. The Chief Election Commissioner, Bangladesh Election Commission, Block – 6, Sher-e..

Category: Election Law | Date: 18 May, 2008 | Hits: 122

Zakir Hossain and another Vs. Md. Yousuf Kabir and others, 2008, 37 CLC (HCD)

.... copy of the gen­eral diary was filed and marked as exhibit 17. The p.w. further stated that the news of their illegal eviction from the suit property and the looting away of goods therefrom were published in the daily Inquilab and the Bhorer Kagaj on 18.09.97 and 20.09.97 respectively. The copi......laintiffs filed Civil Revi­sion No.76 of 1987 before this Division, but the rule was discharged on 27.05.92 and thus decree passed by the appellate court was up­held. Against the judgment and order passed in the said civil revision the plaintiffs filed Petition For Leave To Appeal No.297 of ...... This Case is also Reported in: 29 BLD (HCD) (2009) 347.   ......le Suit No.62 of 1979 of the Court of Subordinate Judge, 3rd Court, Dhaka. On further query the plaintiffs came to know that a so-called bainapatra to sell the suit property allegedly entered into by one Rasheda Begum, wife of Salimuddin of 321, Lalbag Road, Dhaka on 12.08.92 with the defendants was..

Category: Property Law | Date: 13 May, 2008 | Hits: 5

Abdul Alim @ Chutta and another Vs. State, 2008, 37 CLC (HCD)

....ody if they misuse the privilege of bail in any manner whatsoever. Office is directed to communicate the order at once. Ed. This Case is also Reported in: 15 MLR (HCD) (2010) 476. ...... 4. Earlier the petitioners along with other two co-accused namely Ali Akbar and Ali Hossain surrendered before the High Court Division with an application for anticipatory bail and the Court by order dated 18-06-2006 passed in Criminal Miscellaneous Case No.8837 of 2006 directed them to surre......hatsoever. Office is directed to communicate the order at once. Ed. This Case is also Reported in: 15 MLR (HCD) (2010) 476. ......me Court High Court Division (Criminal) Present: Md. Abdul Quddus J Md. Ziaul Karim J Abdul Alim @ Chutta and another………………………………Accused petitioners Vs. The State……………………………Opposite party Judgment May..

Category: Criminal Law | Date: 13 May, 2008 | Hits: 9

Shrimp and Fish Processing Plant Ltd. Vs. National Bank Limited and others, 2008, 37 CLC (HCD)

....he order of stay granted earlier by this Court stands vacated. Communicate the order to the Adalat concerned at once. Ed. This Case is also Reported in: 28 BLD (HCD) (2008) 503. ......considering the materials on record by Order No.11 dated 31.05.2003 rejected the said application under Order VII rule 10 read with section 151 of the CPC. 5. Being aggrieved by the aforesaid order dated 31.05.2003 passed by the respondent No.3, Artha Rin Adalat, Chittagong the peti­tioner...... Communicate the order to the Adalat concerned at once. Ed. This Case is also Reported in: 28 BLD (HCD) (2008) 503. ......on (Special Original Jurisdiction) Present: Zinat Ara J Sheikh Abdul Awal J Shrimp and Fish Processing Plant Ltd……………………………....................Petitioner Vs. National Bank Limited and others…………………………………...........

Category: Procedural Law | Date: 4 May, 2008 | Hits: 9

Kazi Ramimul Islam Vs. State, 2008, 37 CLC (HCD)

....ul Islam is discharged from his respective bail bond. Send down the lower Court records along with a copy of Judgment expeditiously. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 6. ......instance of Kazi Ramimul Islam under section 4 (Kha)/9 of the Cruelty to Women (Deterrent Punishment) Ordinance, 1983 (hereinafter referred to as 'the Ordinance') is directed against the Judgment and order dated 14-10-1998 passed by the learned Judge, Tribunal No.4, Satkhira (hereinafter referred to......l bond. Send down the lower Court records along with a copy of Judgment expeditiously. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 6. ...... 4(kha)/9 of the Ordinance, sentencing him thereunder to suffer rigorous imprisonment for 7(seven) years and also to pay a fine of Taka 1000 in default to suffer rigorous imprisonment for a period of one month more. 2. Prosecution ease stated briefly, is that on 25-3-1995 at about 21-15 hours, th..

Category: Women and Children | Date: 4 May, 2008 | Hits: 151

Kazi Ranimul Islam Vs. State, 2008, 37 CLC (HCD)

....imul Islam is discharged from his respective bail bond. Send down the lower Court records along with a copy of judgment expeditiously. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 6.......instance of Kazi Ramimul Islam under section 4 (Kha)/9 of the Cruelty to Women (Deterrent Punishment) Ordinance, 1983 (hereinafter referred to as 'the Ordinance') is directed against the judgment and order dated 14-10-1998 passed by the learned Judge, Tribunal No.4, Satkhira (hereinafter referred to......ail bond. Send down the lower Court records along with a copy of judgment expeditiously. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 6....... 4(kha)/9 of the Ordinance, sentencing him thereunder to suffer rigorous imprisonment for 7(seven) years and also to pay a fine of Taka 1000 in default to suffer rigorous imprisonment for a period of one month more. 2. Prosecution ease stated briefly, is that on 25-3-1995 at about 21-15 hours, th..

Category: Women and Children | Date: 4 May, 2008 | Hits: 8

Jewel Cotton Spinning and Weaving Mills Ltd. Vs. Bangladesh & others, 2008, 37 CLC (HCD)

....d with cost. The trial Court is directed to dispose of the suit preferably within three months from the date of receipt of the order. Ed. This Case is also Reported in: 13 BLC (HCD) (2008) 572. ......spondent Nos. 3 and 4.  Writ Petition No.2547 of 2005. Judgment Mir Hashmat Ali J. - This Rule was issued calling up on the respondents to show cause as to why the impugned Judgment and order dated 16-2-2005 passed by respondent No.2 in Artha Rin Adalat Case No.40 of 2004 should not be......the suit preferably within three months from the date of receipt of the order. Ed. This Case is also Reported in: 13 BLC (HCD) (2008) 572. ...... 572. ..

Category: Civil Law | Date: 24 Apr, 2008 | Hits: 62

Chairman, Bangladesh Water Development Board Vs. Md. Abdur Rahman, 2008, 37 CLC (HCD)

....he Courts below stand maintained. Send down the lower Court's record and a copy of the judgment and order to the Court concerned. Ed. This Case is also Reported in:61 DLR (HCD) (2009) 42. ......s Vs. Md. Abdur Rahman ………………............................................Opposite Parties Judgment April 24, 2008. Result: The Rule is discharged without any order as to cost. The Code of Civil Procedure, 1908 (Act No. 5 of 1908); section 9 The Spe......de of Civil Procedure, 1908 (Act No. 5 of 1908); section 9 The Specific Relief Act, 1877 (Act No. 1 of 1877); section 42 Exclusion of jurisdiction of a Civil Court should not be readily inferred. Even if jurisdiction is so excluded, the Civil Courts have jurisdiction to examine cases w......preme Court High Court Division (Civil Revisional Jurisdiction) Present: Salma Masud Chowdhury J Chairman, Bangladesh Water Development Board ……………………..Petitioners Vs. Md. Abdur Rahman ………………............................................O..

Category: Employment/Service Law | Date: 24 Apr, 2008 | Hits: 50

M. Shafuqul Alam and others Vs. Qazi Rafiq Ahmed and others, 2006, 35 CLC (HCD)

....ed. Communicate the order at once to the Court of learned Senior Assistant Judge, Sylhet for his information and necessary action. Ed. This Case is also Reported in: 14 MLR (HCD) (2009) 476. ......t Court of jurisdiction in Dhaka. 2. The plaintiff opposite party instituted, the aforesaid Title Suit No.56 of 1998 in the Court of learned Senior Assistant Judge, Sylhet for declaration that the order of dismissal from service of the bank dated 12.04.1997 passed by the defendant-petitioner No.1......diction) Present: Syed Amirul Islam J Sheikh Abdul Awal J M. Shafuqul Alam and others....................Defendant-Petitioners. Vs. Qazi Rafiq Ahmed and others....................Plaintiff-opposite parties. Judgment April 17, 2006. Result: The Rule is discharged. La....... ..

Category: Procedural Law | Date: 12 Apr, 2008 | Hits: 40

Syed Tipu Sultan Vs. Secretary, Ministry of Home Affairs, Government of Bangladesh and others, 2008, 37 CLC (HCD)

.... ammunition to the petitioner within a period of seven days of receipt of this order, positively. Communicate at once. Ed. This Case is also Reported in: 28 BLD (HCD) (2008) 624. ......bdur Rashid J.- The above Rule NISI was issued against cancella­tion of the license for holding arms and also seizure of the licensed pistol of the petitioner along with ammunition pursuant to an order dated 27.03.02 of respondent No.2, the Dep­uty Commissioner at Chittagong at the in­stance ......eipt of this order, positively. Communicate at once. Ed. This Case is also Reported in: 28 BLD (HCD) (2008) 624. ...... J Md. Ashfaqul Islam J Syed Tipu Sultan, Son of Late Syed Ahmed Miah, 50/A, College Road, Chakbazar, PS-Pachlaish, Chittagong……………………………………………….Petitioner Vs. Secretary, Ministry of Home Affairs, Government of Bangladesh, Ramna, Dhaka and..

Category: Arms Law | Date: 10 Apr, 2008 | Hits: 10

Most. Rafika Begum Vs. Md. Mohammad Ali Sheikh being dead his heirs Most. Asia Bewa and others, 2008, 37 CLC (HCD)

....ance of the Rule is hereby vacated. The lower courts records be sent down at once with a copy of the judgment. Ed. This Case is also Reported in: 28 BLD (HCD) (2008) 488.  ......Civil Revision No.593 of 2004. Judgment Syed Abu Kowser Md. Dabirush-Shan J.-This Rule was issued calling upon the op­posite party No.1 to show cause as to why the impugned judgment and order dated 5.2.2004 passed by the learned Joint District Judge, 2nd Court, Gaibandha in Miscellane...... Present: Syed Abu Kowser Md. Dabirush-Shan J Most. Rafika Begum……………………………………………………………..Petitioner Vs. Md. Mohammad Ali Sheikh being dead his heirs Most. Asia Bewa and others………………………………………………......gh Court Division (Civil Jurisdiction) Present: Syed Abu Kowser Md. Dabirush-Shan J Most. Rafika Begum……………………………………………………………..Petitioner Vs. Md. Mohammad Ali Sheikh being dead his heirs Most. Asia Bewa and others……â€..

Category: Property Law | Date: 9 Apr, 2008 | Hits: 4

Bangladesh Institute of Planners Vs. Government of Bangladesh and others, 2008, 37 CLC (HCD)

....ost Graduate Diploma in Physical Planning/ Town Planning/Urban Planning /Urban and Regional Planning/Civic Design from a Bangla­desh or Foreign University". 9. Invitation of application which was published in the "Daily Prothom Alo" on 2-4-2001 stating the requirements to be as under: “৯à...... junior planners filed any writ petition against the respondents. Nor they filed any applica­tions before the Administrative Tribunal. The further case of the respondents is, that since the impugned order has already been acted upon. The respondents have got vested right over their promotion. The f......rcumstances of the case, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 13 BLC (HCD) (2008) 494. ...... 494. ..

Category: Civil Law | Date: 6 Apr, 2008 | Hits: 49