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Bangladesh Beverage Industries Ltd. Vs. Rowshan Akhter and others, 2010, 39 CLC (HCD)

....stitutional guaranteed right of basic requirements for living. Death is inevitable but premature death in whatever form is not expected and cannot be consoled. Accidental death also a premature death Government is answerable to all such premature death as Government is to protect the citizen and is ...... Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 483. ...... High Court Division (Civil Appellate Jurisdicion) Present: Sharifuddin Chaklader J Md. Nuruzzaman J Bangladesh Beverage Industries Ltd.…………Appellant Vs. Rowshan Akhter and others…………..Respondents Judgment May 11, 2010. Result: The appeal is allowed......) 483. ..

Category: Civil Law | Date: | Hits: 339

Dr. Md. Asadullah and another Vs. Sonali Bank Ltd. & others, 2010, 39 CLC (HCD)

....erest within 30 days from the date of receipt of this order. Sent down the lower Court records. Communicate this order at once. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 474. ......rs………………Opposite-Parties Judgment May 11, 2010. Result: The rule is made absolute and the Civil Rule No.427 (R)/2006 is made absolute. Cases Referred to- Abdul Jalil Vs. Bangladesh House Building Finance Corporation, 41 DLR (AD) 109; Korea Bangladesh Food Products Limit...... is also Reported in: 62 DLR (HCD) (2010) 474. ...... Supreme Court High Court Division (Civil Revisional Jurisdiction) Present: Sharifuddin Chaklader J Md. Nuruzzaman J Dr. Md. Asadullah and another…………………Petitioners Vs. Sonali Bank Ltd. & others………………Opposite-Parties Judgment May 11, 2010. ..

Category: Civil Law | Date: | Hits: 156

Trading Corporation of Bangladesh Vs. Commissioner, Customs, Excise and VAT Commissionarate and others, 2010, 39 CLC (HCD)

....und of the claimed amount of the petitioner forthwith preferably within 1(one) month from the date of receipt of this order positively. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 471....... also Reported in: 62 DLR (HCD) (2010) 471.......ision (Special Original Jurisdiction) Present: Md. Ashfaqul Islam J SM Emdadul Hoque J Trading Corporation of Bangladesh…………..Petitioner Vs. Commissioner, Customs, Excise and VAT Commissionarate and others…………..Respondents Judgment July 18, 2010. Result:...... 471...

Category: Fiscal/Taxation Law | Date: | Hits: 323

Bangladesh Environment Lawyers Association (BELA) Vs. Bangladesh, 2010, 39 CLC (HCD)

....he injunction order granted earlier by this Court stands vacated. Communicate this Judgment and order to the respondents accordingly. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 463. ...... Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 463. ...... Bangladesh Environment Lawyers Association (BELA)……………Petitioner Vs. Bangladesh…………..Respondents Judgment June 3, 2010. Result: The Rule is made absolute in part and the injunction order stands vacated. Cases Referred to- Dr. Mohiuddin Faruque Vs. Banglade......t High Court Division (Special Original Jurisdiction) Present: Hasan Foez Siddique J Md. Azizul Haque J Bangladesh Environment Lawyers Association (BELA)……………Petitioner Vs. Bangladesh…………..Respondents Judgment June 3, 2010. Result: The Rule is ma..

Category: Environmental Law | Date: | Hits: 1019

Majeda Khatun @ Majeda Rahman Vs. State, 1988, 17 CLC (HCD)

....l be free to cancel the bail of the petitioner in case of any viola­tion of the privilege of bail granted hereby to her by this Court. Ed. This Case is also Reported in: 42 DLR (HD) (1990) 76. ......Principal of the local Girls' College where she had been serving for a quite long time and she is connected with various philanthropic and social organizations namely, Khulna Development Authori­ty, Bangladesh Mahila Samity Khulna Branch, Shashi Bhusan Shishu Niketan, Daulatpur, etc. in different c......20B/34 of the Penal Code pending in the Court of the learned Sessions Judge, Khulna. 2. The short facts leading to the case are as fol­lows:- That one Khojeda Begum, wife of late Azizur Rahman and mother of the victim lodged, a First In­formation Report with the Daulatpur Police Station at a......rt Division (Jessore Bench) (Criminal Miscellaneous Jurisdiction) Present: DM Ansaruddin Ahmed J Muhammad Ansar Ali J Majeda Khatun @ Majeda Rahman..................Petitioner Vs. The State………………………………………………...Respondent Judgment ..

Category: Criminal Law | Date: | Hits: 105

Gani Mia & another Vs. U.N.O., Biswanath, District Sylhet & Others, 1988, 17 CLC (HCD)

....wo persons as respondent Nos.6 and 7 in a Writ Petition on consideration that they were in pos­session of the property when the Writ petition was brought by the appellant challenging the validity of Government order declaring the disputed property as abandoned property and himself claiming it as th...... Cases Referred to- Mst. Jahanara Be­gum Vs. A.L. Md. Shamsul Huq, 27 DLR (AD) 1; Safiuddin Ahmed Siddiqui Vs. The Deputy Custodian, Enemy Property Management Board, 31 DLR page 107; Md. Ayub Vs. Bangladesh represented by the Secretary, Ministry of Works and other, 39 DLR (AD) 111; AIR 1960 (J &......hamsul Huq, 27 DLR (AD) 1; Safiuddin Ahmed Siddiqui Vs. The Deputy Custodian, Enemy Property Management Board, 31 DLR page 107; Md. Ayub Vs. Bangladesh represented by the Secretary, Ministry of Works and other, 39 DLR (AD) 111; AIR 1960 (J & K) 67; Banarash Das Durga Prashad Vs. Panna Lal Ram Ri...... 72. ..

Category: Procedural Law | Date: | Hits: 193

Khaled Akbar Vs. Government of Bangladesh and others, 1989, 18 CLC (HCD)

....rt Division Dhaka (Civil Revisional Jurisdiction) Present: Latifur Rahman J Nurul Huque Bhuiyan J Khaled Akbar…………………………………………..Appellant Vs. The Government of Bangladesh and others..................Opposite Party Judgment April 9, 1989. ...... Dhaka (Civil Revisional Jurisdiction) Present: Latifur Rahman J Nurul Huque Bhuiyan J Khaled Akbar…………………………………………..Appellant Vs. The Government of Bangladesh and others..................Opposite Party Judgment April 9, 1989. Result: Th......vil Revisional Jurisdiction) Present: Latifur Rahman J Nurul Huque Bhuiyan J Khaled Akbar…………………………………………..Appellant Vs. The Government of Bangladesh and others..................Opposite Party Judgment April 9, 1989. Result: The Rules are...... High Court Division Dhaka (Civil Revisional Jurisdiction) Present: Latifur Rahman J Nurul Huque Bhuiyan J Khaled Akbar…………………………………………..Appellant Vs. The Government of Bangladesh and others..................Opposite Party Judgment April ..

Category: Alternative Dispute Resolution | Date: | Hits: 280

Ehsanul Hoque Vs. General Manager, Agrani Bank, 1989, 18 CLC (HCD)

....er the Madhya Pradesh State Warehousing Corporation Act (28 of 1956), which was subsequently replaced by the Madhya Pradesh Act 58 of 1962. It is a statutory body wholly controlled and managed by the Government. Its status is analogous to that of the Corporations which were under consideration in Su......aintiff then ob­tained the present Rule. It is admitted that the plain­tiff was initially appointed as Probationary Officer in the then Habib Bank and by the President's Order No.26 of 1972 namely, Bangladesh Bank's Nation­alisation Order No.26 of 1972 the Habib Bank and the Commerce Bank were am......the Opposite Party. Civil Revision Case No. 111 of 1989. Judgment Abdul Bari Sarker J.- This application un­der section 115 of the Code of Civil Procedure is di­rected against the Judgment and decree passed by Mr. Md. Habibullah, Additional District Judge, Khulna in Title Appeal No.254 of......990) 60. ..

Category: Employment/Service Law | Date: | Hits: 175

Shah Alam Chowdhury Vs. State, 1989, 18 CLC (HCD)

.... 3(II) 86. A Suo-Motu Rule being No.47/89 was also issued on 13.2.89 calling upon the Deputy Commissioner, Dhaka, the Chief Metropolitan Magistrate, Dhaka and the Secretary, Ministry of Home Affairs, Government of Ban­gladesh and accused Shah Alam Chowdhury, Moniruzzaman, Shahnawaz, Jamal Uddin, Se......10. The Suo Motu Rule being No.47/89 was issued calling upon the Deputy Commissioner, Dha­ka, the Chief Metropolitan Magistrate, Dhaka, the "secretary, Ministry of Home Affairs, the Govern­ment of Bangladesh and the eight accused persons including accused petitioner Shah Alam Chowdhury to show ca......302/34 arising out of Dhanmondi P.S. Case No. 3(II) 86. A Suo-Motu Rule being No.47/89 was also issued on 13.2.89 calling upon the Deputy Commissioner, Dhaka, the Chief Metropolitan Magistrate, Dhaka and the Secretary, Ministry of Home Affairs, Government of Ban­gladesh and accused Shah Alam Chowdh...... (Dhaka) (Criminal Miscellaneous Jurisdiction) Present: Fazle Hussain Moham­mad Habibur Rahman J Daliluddin Ah­med J Shah Alam Chowdhury..............................Petitioner Vs. The State…………………………………..Opposite Party Judgment March 23, 19..

Category: Criminal Law | Date: | Hits: 127

State Vs. Jahaur Ali & Others, 1987, 16 CLC (HCD)

....rejected and case is sent back on remand to trial Court for holding the trial of the case in the light of the observations made above. Ed. This Case is also Reported in: 42 DLR (HD) (1990) 94. ......Judge, Kurigram for the con­firmation of the death sentence passed on condemned prisoners, namely, Taib Ali, Asia Khatun and Sabiran Nessa in Sessions Case No.56 of 1985 under sections 302/34 of the Bangladesh Penal Code. 2. Relevant facts for the disposal of this Refer­ence may briefly be stat......r section 374 of the Code of Criminal Procedure has been made by the Sessions Judge, Kurigram for the con­firmation of the death sentence passed on condemned prisoners, namely, Taib Ali, Asia Khatun and Sabiran Nessa in Sessions Case No.56 of 1985 under sections 302/34 of the Bangladesh Penal Code.......rt Division (Rangpur Bench) (Criminal Appellate Jurisdiction) Present: Syed Fazle Ahmed J DM Ansar Uddin Ahmed J State ……………………………………….Petitioner Vs. Jahaur Ali & Others..............Opposite Parties Judgment March 30, 1987. Res..

Category: Criminal Law | Date: | Hits: 107

Muktar Hussain Khan Vs. Suresh Chandra Dey & Others, 1989, 18 CLC (HCD)

....ster the sale deed. 3. Defendant No.1 filed written statement in the suit for Specific Performance but thereafter he was not found present at the time of hearing of the suit. Defendant No.2 is the Government of Bangla­desh which did not file any written statement. Defen­dant Nos.3 and 4 are the...... provision of Order 41, rule 27 of the Code of Civil Procedure. The Rule is, therefore, made absolute without any order as to costs. Ed. This Case is also Reported in: 42 DLR (HD) (1990) 86. ......86. ......DLR (HD) (1990) 86. ..

Category: Civil Law | Date: | Hits: 133

Conforce Limited Vs. Titas Gas Transmission and Distribution Co. Limited & another, 1989, 18 CLC (HCD)

....ding, motivated and not cor­rect. It is stated that the impugned notices, Annexure 'P’ and "P(1)', were issued for violation of a contrac­tual obligation and also to implement the decision of the Government to stop natural gas to the consumers who are using gas for the purpose of manufacturing c......y PLD 1962 108; Purba Nanda Das Vs. Executive Engineer, Relief and Reha­bilitation AIR 1961 Assam 101; Talekhal Fishermen's Co-operative Society Vs. Ban­gladesh BLD(AD) 1981, 103; S.M.S. Samity Vs. Bangladesh 39 DLR (AD) 85. Lawyers Involved: Asrarul Hossain with Mozammel Huq-For the Petitio......ecial Original Jurisdiction) Present: Abdul Matin Khan Chowdhury J Naimuddun Ah­med J Conforce Limited, a Limited Liability Company………...Petitioner Vs. Titas Gas Transmission and Distribution Co. Limited, a Public Limited Liability Com­pany & another……………….R......t Division (Dhaka) (Special Original Jurisdiction) Present: Abdul Matin Khan Chowdhury J Naimuddun Ah­med J Conforce Limited, a Limited Liability Company………...Petitioner Vs. Titas Gas Transmission and Distribution Co. Limited, a Public Limited Liability Com­pany &am..

Category: Others | Date: | Hits: 227

Abdus Salam Vs. Sirajul Islam, 1989, 18 CLC (HCD)

....jurisdiction to entertain the appeal from ah order passed by the Tribunal upon an application filed under Order 47, rule 1 C.P.C. The learned Counsel placing reliance upon section 29 (A) of the Local Government (Union Parishads) Ordinance,1983 submits that sub-section (4) provides for an ap­peal fr......­peal find answer in the foregoing discussion. For these reasons, this Rule is made abso­lute. There will be no order as to costs. Ed. This Case is also Reported in: 42 DLR (HCD) (1993) 27. ...... by filing written objection re­futing the allegations made by the petitioner. The opposite party also made certain allegations of corruption, etc. practised during the poll in respect of Ward Nos.2 and 3 of the said Union Parishad. The petitioner filed an application for striking out the al­legat......993) 27. ..

Category: Election Law | Date: | Hits: 194

Muhammad Zulfikar Vs. Abul Kalam Chowdhury & others, 1989, 18 CLC (HCD)

....sion No.16 of 1989. Judgment AM Mahmudur Rahman J. - In this Rule an important question of law moot­ed is: whether the District Judge, an appellate au­thority under section 29(4) of the Local Government (Union Parishads) Ordinance, 1983, can transfer an appeal preferred from the decision of ......as to costs. The 1st Court of Additional District Judge shall proceed with the appeal expeditiously keeping in view the public interest. Ed. This Case is also Reported in: 42 DLR (HCD) (1993) 21....... Vs. Abul Kalam Chowdhury & others.......Opposite Parties Judgment February 14, 1989. Result: The Rule is discharged. Cases Referred to- A.K.M. Ruhul Amin Vs. District Judge and others, 38 DLR (AD) 172; Kuldip Singh Vs. The State of Punjab and another 1956 (SC) 391. Lawy......1...

Category: Election Law | Date: | Hits: 192

Amalendu Majumder Vs. State, 1996, 25 CLC (HCD)

.... a project Committee under the village works programme 1984‑1985. Under the said programme Taka 63,595.00 was alloted to the petitioner for reconstruction of an iron bridge adjacent to Kundudaskati Government Primary School. It is alleged that the petitioner completed work upto Taka 34,491.00 and......rned Magistrate is directed to proceed with the case in accordance with law. Send a copy of this order to the lower Court at once. Ed. This Case is also Reported in: 49 DLR (HCD) (1997) 204. ......Hossain, Inspector of District Anti‑Corruption Bureau, with police Station Nesardbad alleging, inter alia, that accused petitioner Amalendu Majumder was the Chairman of Gamudoy Khati Union Parishad and was also Chairman of a project Committee under the village works programme 1984‑1985. Under th......DLR (HCD) (1997) 204. ..

Category: Criminal Law | Date: | Hits: 97

Gias Uddin Vs. Dhaka Municipal Corpora­tion and others, 1996, 25 CLC (HCD)

....ny person. Petitioner was clearly a trespasser and was in illegal occupation in a Municipal Park. Respondent No.1 was entitled to evict unauthorised occupants from its park under the provision of the Government and Local Authority Lands and Buildings (Recovery of Possession) Ordinance, 1970. So the ......acts and circumstances of the case we 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: 49 DLR (HD) (1997) 199. ......Division (Special Original Jurisdiction) Present: Kazi Ebadul Hoque J Amirul Kabir Chowdhury J Gias Uddin............................Petitioner Vs. Dhaka Municipal Corpora­tion and others...............Respondents Judgment November 21, 1996. Result: The Rule is dis......7) 199. ..

Category: Constitutional Law | Date: | Hits: 369

Shamima Sultana Seema and 9 others Vs. Government of Bangladesh and 3 others, 2004, 33 CLC (HCD)

.... High Court Division (Special Original Jurisdiction) Present: ABM Khairul Haque J Md. Mitfahuddin Chowdhury J Shamima Sultana Seema and 9 others...............Petitioners Vs. Government of Bangladesh and 3 others.................Respondents Judgment August 16, 2004. ...... Division (Special Original Jurisdiction) Present: ABM Khairul Haque J Md. Mitfahuddin Chowdhury J Shamima Sultana Seema and 9 others...............Petitioners Vs. Government of Bangladesh and 3 others.................Respondents Judgment August 16, 2004. Result: Th......orted in: 57 DLR (HCD) (2005) 201. ......e Court High Court Division (Special Original Jurisdiction) Present: ABM Khairul Haque J Md. Mitfahuddin Chowdhury J Shamima Sultana Seema and 9 others...............Petitioners Vs. Government of Bangladesh and 3 others.................Respondents Judgment August 16, 2..

Category: Constitutional Law | Date: | Hits: 443

Abdul Jalil Shah and another Vs. Rahima Khatun and others, 1998, 27 CLC (HCD)

....t No.3 constructed another double storied building on a portion of plot No. 4568 and those 2 homestead bear separate holding number and the defendant petitioners has been paying rent regularly to the Government as well as to the Municipality. Plaintiff Rahima Khatoon sold her entire share and became......rably within 6(six) months from the date of receipt of this order. Communicate this order to the Court concerned at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 441. ......is Case is also Reported in: 51 DLR (HCD) (1999) 441. ......) 441. ..

Category: Civil Law | Date: | Hits: 154

Abdul Qayum Vs. Secretary, Ministry of Home Affairs, Government of Bangladesh and others, 1991, 20 CLC (HCD)

.... Jurisdiction) Present: Fazle Hussain Mohammad Habibur Rahman J Abdul Hasib J Abdul Qayum ................Petitioner. Vs. The Secretary, Ministry of Home Affairs, Government of Bangladesh and others................Respondents Judgment October 30, 199...... Present: Fazle Hussain Mohammad Habibur Rahman J Abdul Hasib J Abdul Qayum ................Petitioner. Vs. The Secretary, Ministry of Home Affairs, Government of Bangladesh and others................Respondents Judgment October 30, 1991. Resul......ent: Fazle Hussain Mohammad Habibur Rahman J Abdul Hasib J Abdul Qayum ................Petitioner. Vs. The Secretary, Ministry of Home Affairs, Government of Bangladesh and others................Respondents Judgment October 30, 1991. Result: Th...... High Court Division (Special Original Jurisdiction) Present: Fazle Hussain Mohammad Habibur Rahman J Abdul Hasib J Abdul Qayum ................Petitioner. Vs. The Secretary, Ministry of Home Affairs, Government of Bangladesh and others................

Category: Immigration and Citizenship Law | Date: | Hits: 178

Ali Akbar Khan (Md) Vs. Alimuddin, 1990, 19 CLC (HCD)

....trict Judge to dispose of the appeal on registration of the same. The Rule is made absolute. There will be no order as to cost. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 338. ...... and others, 16 DLR 336; Colonial Sugar Refining Company Ltd. Vs. Irving (1905) AC 369; Vanugopal Reddiar and another Vs. Krishnaswami Reddiar alias Raja Chidambara Reddiar and another, 1943 (FC) 24; Bangladesh Vs. Shahjahan Seraj @ Sirajul Islam, 32 DLR (AD) 1. Lawyers Involved: Joynal ...... Vs. Alimuddin ....................Opposite Party. Judgment April 18, 1990. Result: The Rule is made absolute. Cases Referred to- Mozaffar Ahmed Vs. Anwar Ali and others, 16 DLR 336; Colonial Sugar Refining Company Ltd. Vs. Irving (1905) AC 369; Vanugopal Red......992) 338. ..

Category: Procedural Law | Date: | Hits: 102