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Humayun Hossain Khan Vs. Bangladesh & others, 2011, 40 CLC (HCD)

....iscretion given to it by section 47 of the Ain, 2003. With the above observations this appeal is dismissed. Ed. This Case is also Reported in: 64 DLR (AD) (2012) 88, 18 MLR (AD) (2013) 5. ...... Miah J Nazmun Ara Sultana J Syed Mahmud Hossain J Md. Imman Ali J Md. Mamtazuddin Ahmed J Md. Shamsul Huda J Humayun Hossain Khan.............................Appellant Vs. Bangladesh & others………………………………….Respondent Judgment October 20, 201......ain, Advocate-on-Record—For the Appellant. Mamunur Rashid, Advocate instructed by Syed Mahbubar Rahman, Advocate-on-Record—For the Respondent No. 2. None Represented—For Respondent Nos. 1 and 3-5. Civil Appeal No.176 of 2010. (From the judgment and Order dated the 8th day of April,...... Wahhab Miah J Nazmun Ara Sultana J Syed Mahmud Hossain J Md. Imman Ali J Md. Mamtazuddin Ahmed J Md. Shamsul Huda J Humayun Hossain Khan.............................Appellant Vs. Bangladesh & others………………………………….Respondent Judgment October ..

Category: Civil Law | Date: | Hits: 138

Abdul Kader and another Vs. Abdul Aziz having died his heirs; (1) Musammat Masuda Begum and others, 1994, 23 CLC (HCD)

....eirs; (1) Musammat Masuda Begum and others ..........................Opposite Parties Judgment May 2, 1994. Result: The Rule is discharged. Cases Referred to- Ali Ekabbar Farazi Vs. Government of Bangladesh, 26 DLR 394; Shyamapada Singha and others Vs. Dhirendra Nath Bhadra alias S......mmat Masuda Begum and others ..........................Opposite Parties Judgment May 2, 1994. Result: The Rule is discharged. Cases Referred to- Ali Ekabbar Farazi Vs. Government of Bangladesh, 26 DLR 394; Shyamapada Singha and others Vs. Dhirendra Nath Bhadra alias Sutka Bhadra &a......acated. Ed. This case is also Reported in: 47 DLR (HCD) (1995) 67. ...... High Court Division (Civil Revisional Jurisdiction) Present: Mainur Reza Chowdhury J Abdul Kader and another ...............................................................Petitioner Vs. Abdul Aziz having died his heirs; (1) Musammat Masuda Begum and others ........................

Category: Property Law | Date: | Hits: 78

Abdul Kashem and another Vs. Bangladesh, 1994, 23 CLC (HCD)

....�…………Petitioner (In Writ Petition No. 2644 of 1990) Abdul Gani, Proprietor of Oriental Engineering Company...........................Petitioner (In Writ Petition No. 346 of 1991) Vs. Government of Bangladesh represented by the Secretary, Ministry of Finance, Internal Resources Divis......etitioner (In Writ Petition No. 2644 of 1990) Abdul Gani, Proprietor of Oriental Engineering Company...........................Petitioner (In Writ Petition No. 346 of 1991) Vs. Government of Bangladesh represented by the Secretary, Ministry of Finance, Internal Resources Division and others......ering Company...........................Petitioner (In Writ Petition No. 346 of 1991) Vs. Government of Bangladesh represented by the Secretary, Ministry of Finance, Internal Resources Division and others………………………………………………………Respondents (In all the wri......��………………Petitioner (In Writ Petition No. 2644 of 1990) Abdul Gani, Proprietor of Oriental Engineering Company...........................Petitioner (In Writ Petition No. 346 of 1991) Vs. Government of Bangladesh represented by the Secretary, Ministry of Finance, Internal Resource..

Category: Fiscal/Taxation Law | Date: | Hits: 155

Chittagong Port Authority Vs. Ananda Shipyard and Slipways Ltd., 2010, 39 CLC (HCD)

....pellant Vs. Ananda Shipyard and Slipways Ltd.............Respondent Judgment December 14, 2010. Result: The appeal is allowed. Cases Referred to- Associated Engineering Co Vs. Government of Andhra Pradesh, AIR (SC) 232; Hyundai Corporation Vs. Sumikin in Bussan Corporation, 2......nand, 7 SCC 348; Olympus Super Stracture Pvt. Ltd. Vs. Meena Vijoy Khetan, 5 Supreme Court Case 651; Executive Engineer LGED, Rangpur Vs. A Latif & Company Ltd., DLR 656; Ananda Builders Ltd. Vs. Bangladesh Water Transport Authority, 57 DLR (AD) 31; Bangladesh Power Development Board Vs. Arab ...... ......11) 226. ..

Category: Alternative Dispute Resolution | Date: | Hits: 334

Amjad Hossain Vs. Government of Bangladesh and others, 1998, 27 CLC (HCD)

...........t High Court Division (Special Original Jurisdiction) Present: AM Mahmudur Rahman J Md. Muzammel Hossain J Amjad Hossain……………………Petitioner Vs. Government of Bangladesh and others……………………Respondents Judgment June 24, 1998. Result: ......ourt Division (Special Original Jurisdiction) Present: AM Mahmudur Rahman J Md. Muzammel Hossain J Amjad Hossain……………………Petitioner Vs. Government of Bangladesh and others……………………Respondents Judgment June 24, 1998. Result: The petiti......998) 458...

Category: Fiscal/Taxation Law | Date: | Hits: 138

Abdur Noor and others Vs. State and another, 1998, 27 CLC (HCD)

....he judiciary in the public eye. In the result, the Rule is made absolute. Proceedings of complaint Case No.179 of 1987 is quashed. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 456. ......s. It appears from paragraph 7 of petition of complaint upon which complaint case No.179 of 1987 was started that the accused submitted an application to the Secretary, Ministry of Law of the Govt of Bangladesh and another to the Hon'ble Chief Justice of Bangladesh against the Complainant and the ap......s Case is also Reported in: 50 DLR (HCD) (1998) 456. ......8) 456. ..

Category: Criminal Law | Date: | Hits: 75

Abdul Khaleque Vs. National Fans Ltd. & another, 1995, 24 CLC (HCD)

....rence by this Court under section 51A of the Patents and Designs Act, 1911. This petition is rejected without any order as to Costs. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 453.......Registrar of Trade Marks and the Controller of Patents and Designs and his applications are pending disposal. It is also the case of the petitioner that he is selling Chandan National Fans throughout Bangladesh with the knowledge of respondent No.1. This respondent No.1 on 9‑4‑91 served a legal ......etor of Khaleque Enginewing Works for cancellation of registered design No.00661 dated 4‑1‑89 in the name of National Fans Ltd. 2. The petitioners case, in short, is that, he is a manufacturer and seller of ceiling fans since 1990 and has been manufacturing and selling the same under the bran......98) 453...

Category: Intellectual Property Law | Date: | Hits: 257

Government of the People's Republic of Bangladesh Vs. Rahima Begum and others, 2008, 37 CLC (HCD)

....ion and necessary action. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 430. ......s Case is also Reported in: 62 DLR (HCD) (2010) 430. ......n) Present: SM Ziaul Karim J Government of the People's Republic of Bangladesh, represented by the Deputy Commissioner, Jessore………………………..Petitioner Vs. Rahima Begum and others...........................Opposite Parties Judgment December 18, 2008. Result: ......evisional Jurisdiction) Present: SM Ziaul Karim J Government of the People's Republic of Bangladesh, represented by the Deputy Commissioner, Jessore………………………..Petitioner Vs. Rahima Begum and others...........................Opposite Parties Judgment December 1..

Category: Property Law | Date: | Hits: 98

Abdul Hye Tafader Vs. Md. Monir Hossain Patwary and others, 2009, 38 CLC (HCD)

....ed as BCom teacher on 5-8-1966 and joined the duty on 8-8-1966. That the plaintiff while serving in that school as BCom teacher, in course of time, he became senior teacher and he was included in the Government MPO Register on 1-1-1981 and his index No. is 110555 and his Institutional Code No. is 07......ed. The order of stay granted at the time of issuance of the Rule is hereby vacated. Send down the lower Court records at once. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 426. ...... 426. ......o Reported in: 62 DLR (HCD) (2010) 426. ..

Category: Employment/Service Law | Date: | Hits: 158

Naimuddin Molla and others Vs. Ibrahim Molla and others, 2008, 37 CLC (HCD)

.... 2. The plaintiff Ibrahim Molla instituted Title Suit No.38 of 1998 in the Court of Assistant Judge, Sadarpur, Faridpur on 28-4-1998, against the defendant No.1 Naimuddin Molla @ Naba Molla and the Government of Bangladesh as defendant No.2 praying for specific performance of contract, stating, in......ntiff Ibrahim Molla instituted Title Suit No.38 of 1998 in the Court of Assistant Judge, Sadarpur, Faridpur on 28-4-1998, against the defendant No.1 Naimuddin Molla @ Naba Molla and the Government of Bangladesh as defendant No.2 praying for specific performance of contract, stating, inter alia, that......t once. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 369. ...... in: 62 DLR (HCD) (2010) 369. ..

Category: Procedural Law | Date: | Hits: 120

Mahamudur Rahman Vs. Md. Matiur Rahman, 2006, 35 CLC (HCD)

.........Opposite Parties Judgment January 25, 2006. Result: The Rule is made absolute. Cases Referred to- Dewan Obaidur Rahman Vs. State, 1999 BLD (AD) 128 = 4 BLC (AD) 167; Solicitor, Government of Bangladesh Vs. AT Mridha, 26 DLR (SC) 17; Sultan Ahmed Vs. State, 37 DLR 185; Maqsood ......Parties Judgment January 25, 2006. Result: The Rule is made absolute. Cases Referred to- Dewan Obaidur Rahman Vs. State, 1999 BLD (AD) 128 = 4 BLC (AD) 167; Solicitor, Government of Bangladesh Vs. AT Mridha, 26 DLR (SC) 17; Sultan Ahmed Vs. State, 37 DLR 185; Maqsood Alam Vs. KMJ A......istrate, Dhaka. 2. This is a police case. Information lodged by one, Md. Motiur Rahman alleging that from January 1994 upto January 1996, the accused petitioner took in all from him Taka 20,25,000 and the accused petitioner on different dates returned Taka 13,25,000 and for the reaming Taka 7,00,......7. ..

Category: Criminal Law | Date: | Hits: 87

Hefzur Rahman (Md) Vs. Shamsun Nahar Begum and another, 1995, 24 CLC (HCD)

.... Taka. 1000.00 each per month from the defendant-petitioner Md. Hefzur Rahman till respectively she remarries and he attains majority. Ed. This Case is also Reported in: 47 DLR (HCD) (1995) 54. ......o decide such issues in accordance with the laws as propounded by the Muslim jurists rather than independently disregarding the Muslim jurists. 16. Secondly, Article 8(1A) of the Constitution of Bangladesh contained in Part 11 under the heading "Fundamental Principles of State Policy" states th...... Present: Mohammad Gholam Rabbani J Syed Amirul Islam J Hefzur Rahman (Md)…………………………………………………………………Petitioner Vs. Shamsun Nahar Begum and another………………………………………Opposite Party Judgment January 9, 19......Revisional Jurisdiction) Present: Mohammad Gholam Rabbani J Syed Amirul Islam J Hefzur Rahman (Md)…………………………………………………………………Petitioner Vs. Shamsun Nahar Begum and another………………………………………Opposite Party ..

Category: Family Law | Date: | Hits: 528

Anwar Hossain Khan Vs. Speaker of Bangladesh Sangsad Bhavan and others, 1994, 23 CLC (HCD)

....ling party cannot be free and fair, on this premise, the opposition parties, namely, the Awami League, Jatiya Party and Jamaate Islami want to cure this election malady by way of forming a "Caretaker Government" which the ruling party, namely, the Bangladesh Nationalist Party (BNP) are not conceding......diction) Present: Qazi Shafiuddin J Kazi AT Manowaruddin J Anwar Hossain Khan……………………………………………………………………Petitioner Vs. Speaker of Bangladesh Sangsad Bhavan and others ………………Respondents Judgment December 11, 1994.......zi Shafiuddin J Kazi AT Manowaruddin J Anwar Hossain Khan……………………………………………………………………Petitioner Vs. Speaker of Bangladesh Sangsad Bhavan and others ………………Respondents Judgment December 11, 1994. Result: The writ of......cial Original Jurisdiction) Present: Qazi Shafiuddin J Kazi AT Manowaruddin J Anwar Hossain Khan……………………………………………………………………Petitioner Vs. Speaker of Bangladesh Sangsad Bhavan and others ………………Respondents Judgment ..

Category: Constitutional Law | Date: | Hits: 344

Indu Mod Howlader Vs. Additional Deputy Commissioner and others, 1997, 26 CLC (HCD)

....l decreeing the suit. 2. The fact relevant for the disposal of the Rule is that, the plaintiff‑petitioner filed the aforesaid suit for a declaration that the order dated 6‑1‑76 passed by the Government through the Deputy Commissioner, Barisal and mentioned in 'Kha' schedule in respect of th....... Result: The Rule is made absolute. Cases Referred to- HM Soya & Co. Vs. Wazir Ali Industries Ltd., 21 DLR (SC) 50; Abul Khayer Miah being dead his heirs Abdul Kashem and others Vs. Bangladesh and others, 32 DLR (AD) 29; 33 DLR (AD) 30; 44 DLR 136. Lawyers Involved: Shamsul A......44....... also Reported in: 50 DLR (HCD) (1998) 444...

Category: Property Law | Date: | Hits: 84

Government of Bangladesh and others Vs. Jahangir Alam & others, 2011, 40 CLC (AD)

....se is also Reported in: 17 BLC (AD) (2012) 115; 32 BLD (AD) (2012) 145. ......uthority, ex parte Coughlan (2001) QB 213; Food Corporation of India Vs. Kamdhenu Cattle Feed Industries AIR 1993 SC 1601; Sethi Auto Service Station Vs. Delhi Development Authority (2009) 1 SCC 180; Bangladesh Soya-Protein Project Ltd. Vs. Secretary, Ministry of Disaster Management and Relief, 22 B......BLC (AD) (2012) 115; 32 BLD (AD) (2012) 145. ......ourt Appellate Division (Civil) Present ABM Khairul Haque CJ Md. Muzammel Hossain J SK Sinha J Government of Bangladesh and others...........Appellants (In all the Appeals) Vs. Jahangir Alam & others………………….....Respondents (In Civil Appeal No. 44 of 20..

Category: Employment/Service Law | Date: | Hits: 208

Md. Zahurul Islam Vs. Deputy Commissioner, Kushtia and others, 2012, 41 CLC (AD)

.... out of the toll to be realised from the cattle market. It was reflected in the audit report of the hat committee, in the cash book of the then Circle Officer (Dev.) Kushtia and the Ministry of Local Government, Palli Unnayan and Samabaya in its letter under Memo dated 23rd April, 1994. Therefore, t......infirmity in the judgment and decree of the High Court Division in dismissing the suit. Accordingly, the leave petition is dismissed. Ed. This Case is also Reported in: 17 BLC (AD) (2012) 106. ......hhab Miah J Nazmun Ara Sultana J Syed Mahmud Hossain J Md. Imman Ali J Md. Shamsul Huda J Md. Zahurul Islam……………............Petitioner Vs. Deputy Commissioner, Kushtia and others............Respondents Judgment January 29, 2012. Result: The leave petition...... Md. Muzammel Hossain CJ MA Wahhab Miah J Nazmun Ara Sultana J Syed Mahmud Hossain J Md. Imman Ali J Md. Shamsul Huda J Md. Zahurul Islam……………............Petitioner Vs. Deputy Commissioner, Kushtia and others............Respondents Judgment January 29, 20..

Category: Property Law | Date: | Hits: 105

One Bank Ltd. Vs. Government of Bangladesh and others, 2009, 38 CLC (HCD)

....91.......urt High Court Division (Special Original jurisdiction) Present: Syed Mahmud Hossain J Quamrul Islam Siddiqui J One Bank Ltd.......................Petitioner Vs. Government of Bangladesh and others.................Respondents Judgment May 28, 2009. Result: The Rul...... Court Division (Special Original jurisdiction) Present: Syed Mahmud Hossain J Quamrul Islam Siddiqui J One Bank Ltd.......................Petitioner Vs. Government of Bangladesh and others.................Respondents Judgment May 28, 2009. Result: The Rule is discha......(2010) 91...

Category: Business or Commercial Law | Date: | Hits: 237

State Vs. Dr. Md. Nurul Islam, 2011, 40 CLC (HCD)

....five or more persons is assigned an ‘unlawful assembly’ if the common object of the persons composing that assembly is – First.- To overawe by criminal force. Or show of criminal force, the [Government or legislature], or any public servant in the exercise of the lawful power or such public......(In Criminal Appeal No. 2953 of 2005). Cases Referred to- Abdus Samad @ A.K.M.Abdus Samad and others Vs. the State, 44 DLR (AD) 233; Hyder Ali and others Vs. the State, 2004 (XII) BLT (AD) 196; Bangladesh Vs. Abed Ali and others, 36 DLR (AD) 234. Death Reference No. 104 of 2005 with Jail Ap......ent: Afzal Hossain Ahmed J Md. Emdadul Haque Azad J The State … .......................Petitioner Vs. Dr. Md. Nurul Islam…….Condemned prisoner (In Death Reference No. 104 of 2005 and Jail Appeal No. 791 of 2005) Dr. Md. Nurul Islam and others....convict - appellants. Vs. ...... in: ..

Category: Criminal Law | Date: | Hits: 104

Abdur Rahman Molla Vs. State, 1998, 27 CLC (HCD)

....ice seriously affecting his personal liberty and if they succeed he would suffer irreparable loss and harm and injury. It is the further case of the petitioner that Magistrate being controlled by the Government he apprehends that he would not be properly and legally dealt with and he has reasons to ......ch Deputy Commissioner, Narail is directed to take steps for his arrest. Communicate the order to the Deputy Commissioner, Narail. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 403. ......ikh lodged a First Information Report on 27-2-98 with Kalia Police Station alleging that on 26-2-98 his cousin Delwar Hossain was assaulted by the accused persons resulting in serious injuries to him and informant got him admitted in Noapara Hospital and was trying to obtain medical certificate. At ......1998) 403. ..

Category: Criminal Law | Date: | Hits: 93

Pranajit Barua Vs. State and another, 1998, 27 CLC (HCD)

.... by the same his elder brother moved this Court with an application under section 491 of the Code of Criminal Procedure and obtained the present Rule. From the supplementary affidavit it appears that Government extended the detention of the detenu for further period of 3 months with effect from 3-6-...... detention of the detenu under the provisions of section 3 of the Special Powers Act is a law which provides for preventive detention. 7. In the case of Md. Suba Miah and another Vs. Government of Bangladesh (Criminal Misc Case No. 818 of 91) disposed of on 13-2-92 this question was raised and on......Supreme Court High Court Division (Criminal Miscellaneous Jurisdiction) Present: Kazi Ebadul Hoque J Md. Abdul Quddus J Pranajit Barua…………………Petitioner Vs. State and another……………………Respondents Judgment June 25, 1998. Result: The Rule ......(1998) 399. ..

Category: Criminal Law | Date: | Hits: 72

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