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Moti Miah Vs. Ful Miah and others, 2008, 37 CLC (HCD)

....Send down the lower Court records along with a copy of the Judgment and order to the Court concerned. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 447; 13 MLR (HCD) (2008) 279. ...... went to plaintiff Moti Miah and at the time of recent survey operation, plaintiff, being in physical possession, got the property recorded in his name in the BS Khatian and thereafter took loan from Bangladesh Krishi Bank, Nasirnagar Branch, by mortgaging the suit land and was paying taxes and rent......CD) (2008) 279. ......0) 447; 13 MLR (HCD) (2008) 279. ..

Category: Property Law | Date: | Hits: 121

Nitai Kumar Mondol Vs. Judge, Artha Rin Adalat, and another, 2008, 37 CLC (HCD)

.... him into jail. 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: 62 DLR (HCD) (2010) 446. ...... For Respondent No.2. Writ Petition No.8106 of 2006. Judgment SM 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 insertion of section 34 in the Arth...... Court High Court Division (Special Original Jurisdiction) Present: Zinat Ara J SM Ziaul Karim J Nitai Kumar Mondol………………..Petitioner Vs. Judge, Artha Rin Adalat, and another………………..Respondents Judgment November 20, 2008. Result: The Rule ......62 DLR (HCD) (2010) 446. ..

Category: Civil Law | Date: | Hits: 140

Syeda Sajeda Chowdhury Vs. State, 2010, 39 CLC (HCD)

.... Judge, Dhaka should notbe quashed and/or pass such other or further order ororders as to this Court may seem fit and proper. 2. The facts relevant for disposal of the rule, in short, are that the Government through the Bureau of Anti-Corruption lodged a first information report in Motijheel Poli......002 now pending in the Court of Divisional Special Judge, Dhaka is quashed in respect of the petitioner only. Ed. This Case is also Reported in:62 DLR (HCD) (2010) 441; 18 BLT (HCD) (2010) 249. ......okanuddin Mahmud, Senior Advocate with Mohammad Mutahar Hossain, Advocate - For the Accused-Petitioner. Md. Motahar Hossain, Deputy Attorney-General with Mahbub-ul-Alam, Assistant Attorney-General and Md. Bashir Ullah, Assistant Attorney-General - For the State. Md. Khurshid Alam Khan, Advocat......rt High Court Division (Criminal Miscellaneous Jurisdiction) Present: Md. Shamsul Huda J Abu Bakar Siddiquee J Syeda Sajeda Chowdhury……………………..Accused-Petitioner Vs. State……………………Opposite Parties Judgment March 24, 2010. Result: T..

Category: Criminal Law | Date: | Hits: 137

Wahed Asgar Chowdhury Vs. Judge 2nd Artha Rin Adalat & others, 2010, 39 CLC (HCD)

....n Case No.215 of 2004 now pending in the Artha Rin Adalat No.1, Chittagong be declared to be unlawful and not maintainable at all. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 331. ......movable properties belonging to the Wahed Jute Mills Ltd. were mortgage to the respondent banks by way of equitable mortgage along with other fixed and floating assets and as the respondent No.12 Bangladesh Shilpa Bank provided the foreign currency portion of the loan facility, the documents of ......n the order No.69 dated 13-5-1998 passed by the 2nd Artha Rin Adalat, Chittagong in Mortgage Suit No.6 of 1988 making the preliminary decree dated 29-8-1991 final, the said decree signed on 23-6-1998 and also the Execution Case No.215 of 2004 started on the basis of that final decree dated 23-6-1998......1. ..

Category: Civil Law | Date: | Hits: 134

Kartic Das Gupta Vs. Election Commission and others, 2011, 40 CLC (HCD)

....observations and directions both the Rules are disposed of. The order of status quo granted earlier on 6-2-2011 is hereby vacated. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 313. ......ent February 15, 2011. Result: Both the Rules are disposed of. Cases Referred to- Abul Kalam Shamsuddin Vs. Anti-Corruption Commission, 14 MLR (AD) 153; Basic Engineering Limited Vs. Bangladesh, 2006 (XIV) BLT (HCD) 328; Kazi Mukhlesur Rahman Vs. Bangladesh, 26 DLR (AD) 44. Lawy...... High Court Division (Special Original Jurisdiction) Present: Farah Mahbub J Farid Ahmed J Kartic Das Gupta……………………………Petitioner Vs. Election Commission and others……………………………Respondents Judgment February 15, 2011. Result: ......ment here. Supreme Court High Court Division (Special Original Jurisdiction) Present: Farah Mahbub J Farid Ahmed J Kartic Das Gupta……………………………Petitioner Vs. Election Commission and others……………………………Respondents Judgment Feb..

Category: Election Law | Date: | Hits: 217

Abul Khair & another Vs. State, 2002, 31 CLC (HCD)

....he offence thereunder. Accused-appellant Imam Hossain Patwari be set at liberty, if not required in any other case. Record be sent down. Ed. This Case is also Reported in: 55 DLR (2003) 437. ......he offence thereunder. Accused-appellant Imam Hossain Patwari be set at liberty, if not required in any other case. Record be sent down. Ed. This Case is also Reported in: 55 DLR (2003) 437. ......………………..Respondent Judgment December 10, 2002. Result: The Appeal is dismissed. Cases Referred to- Wajear Rahman Moral (Md.) Vs. State, 43 DLR (AD) 25; Amarkumar Thakur and others Vs. State, 1988 BLD (AD) 101=40 DLR (AD) 147. Lawyers Involved: Mojibur Rahman with......e Court High Court Division (Criminal Appellate Jurisdiction) Present: Md. Abdul Quddus J Abdul Awal J Abul Khair & another………………………………….Appellants Vs. State………………………………………………………..Respondent Judgment ..

Category: Criminal Law | Date: | Hits: 97

Hasina Khatoon and another Vs. Md. Samsur Rahman and others, 1997, 26 CLC (HCD)

....us (Pre‑emption) Case No.11 of 1987 as expeditiously as possible, preferably within 3 months, from the date of receipt of this order. Ed. This Case is also Reported in: 49 DLR (HD) (1997) 187. ......us (Pre‑emption) Case No.11 of 1987 as expeditiously as possible, preferably within 3 months, from the date of receipt of this order. Ed. This Case is also Reported in: 49 DLR (HD) (1997) 187. ......this order. Ed. This Case is also Reported in: 49 DLR (HD) (1997) 187. ......n: 49 DLR (HD) (1997) 187. ..

Category: Property Law | Date: | Hits: 94

Shamsul Huq Chowdhury Vs. Justice Md. Abdur Rouf & others, 1995, 24 CLC (HCD)

....hereafter cannot be appointed a Judge and for that matter hold the office of a Judge of the Appellate Division of the Supreme Court of Bangladesh. He submitted that the State includes Parliament, the Government and statutory public authority according to the defining clause and the Judiciary having ...................Respondents Judgment July 27, 1995 Result: The Rule is discharged. Cases Referred to- AIR 1967 (Kerala) 259; 39 DLR (AD) 59; Writ Petition No.37 of 1987 (Not reported); Bangladesh Vs. Md. Habibur Rahman alias Manu, 31 DLR (AD) 152; Jamil Huq and others Vs. Bangladesh a......ule is discharged. Cases Referred to- AIR 1967 (Kerala) 259; 39 DLR (AD) 59; Writ Petition No.37 of 1987 (Not reported); Bangladesh Vs. Md. Habibur Rahman alias Manu, 31 DLR (AD) 152; Jamil Huq and others Vs. Bangladesh and others, 34 DLR 125; Halsbury's Laws of Engladcsh (3rd Edition Vol-III ......eme Court High Court Division (Special Original jurisdiction) Present: Habibur Rahman Khan J M M Ruhul Amin J Shamsul Huq Chowdhury...................................Petitioner Vs. Justice Md. Abdur Rouf & others.........................Respondents Judgment July 2..

Category: Constitutional Law | Date: | Hits: 353

Kazi Gowaherul Islam (KJ Islam) Vs. Standard Co-operative Credit Society Ltd and another, 1998, 27 CLC (HCD)

.... Rin Adalat No.2, Dhaka is hereby directed to return the plaint to the filing Advocate for presentation before the appropriate Court. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 333. ......n Adalat is not an ordinary civil Court. It is a civil Court of defined nature and only a financial institution or an organisation which has been given licence to act as financial institutions by the Bangladesh Bank can file a suit in the Adalat for realisation of any loan which is absent in the pre......e Court High Court Division (Civil Revisional Jurisdiction) Present: Mahmudul Amin Choudhury J Gour Gopal Saha J Kazi Gowaherul Islam (KJ Islam)……………Petitioner Vs. Standard Co-operative Credit Society Ltd and another………………Opposite Party Judgment M....... ..

Category: Civil Law | Date: | Hits: 135

Saiful Islam Dilder Vs. Government of Bangladesh and others, 1998, 27 CLC (HCD)

....(HCD) (1998) 318. ......18. ......e Court High Court Division (Special Original Jurisdiction) Present: AM Mahmudur Rahman J Zakir Ahmed J Saiful Islam Dilder………….Petitioner Vs. Government of Bangladesh and others…………Respondent Judgment February 16, 1998. Result: The writ petition i......50 DLR (HCD) (1998) 318. ..

Category: Constitutional Law | Date: | Hits: 421

Kazi Mokhlesur Rahman Vs. Government of the People's Republic of Bangladesh and others, 1996, 25 CLC (HCD)

....dul Matin J Kazi Mokhlesur Rahman……………………………………………………………………Petitioner Vs. Secretary, Ministry of Law, Justice and Parliamentary Affairs, Government of the People's Republic of Bangladesh and others…………………………………�......�…………………………………………………………………Petitioner Vs. Secretary, Ministry of Law, Justice and Parliamentary Affairs, Government of the People's Republic of Bangladesh and others………………………………………………Respondent Judgment ......Mozammel Hoque J Md. Abdul Matin J Kazi Mokhlesur Rahman……………………………………………………………………Petitioner Vs. Secretary, Ministry of Law, Justice and Parliamentary Affairs, Government of the People's Republic of Bangladesh and others…………�......l Original Jurisdiction) Present: Md. Mozammel Hoque J Md. Abdul Matin J Kazi Mokhlesur Rahman……………………………………………………………………Petitioner Vs. Secretary, Ministry of Law, Justice and Parliamentary Affairs, Government of the People's Re..

Category: Others | Date: | Hits: 212

Shahriar Rashid Khan and another Vs. Bangladesh, 1997, 26 CLC (HCD)

.... (All.) 684; P. Jinardhana Shetty Vs. Union of India, AIR 1970 (Mysore) 171; Tikarao Vs. Hiralal, AIR 1940 (Pat.), 385 (FB); Blyth Vs. Blyth and Pngh, 1965 (2) AER, 817; 11 DLR (SC)1; Asma Jilani Vs. Government of Punjab. PLD 1972 (SC) 139; Khondker Ehtesham Uddin Ahmed Iqbal Vs. Bangladesh, 33 DLR ......Supreme Court High Court Division (Special Original Jurisdiction) Present: Md. Mozammel Hoque J Md. Abdul Matin J Shahriar Rashid Khan..........................Petitioner Vs. Bangladesh represented by the Secretary, Ministry of Law and Parliamentary Affairs and others............. Jurisdiction) Present: Md. Mozammel Hoque J Md. Abdul Matin J Shahriar Rashid Khan..........................Petitioner Vs. Bangladesh represented by the Secretary, Ministry of Law and Parliamentary Affairs and others.................................Respondents (In Writ Petition N...... 133. ..

Category: Criminal Law | Date: | Hits: 202

Habibur Rahman Mondal (Md.) and others Vs. State and another, 2010, 39 CLC (HCD)

....f Gaibandha Police Station against the accused petitioner and five others alleging that the accused-petitioners, while serving as Postal Operator in the Head Post Office, Gaibandha, misappropriated Government fund in connivance with other employees named in the first information report, forged sev......rk and submit police report as early as possible. Let a copy of the judgment and order be transmitted to the Court below without delay Ed. This Case is also Reported in: 63 DLR (2011) 23. ......smitted to the Court below without delay Ed. This Case is also Reported in: 63 DLR (2011) 23. ......t Division (Criminal Miscellaneous Jurisdiction) Present: Khandaker Musa Khaled J Quazi Reza-ul-Hoque J Habibur Rahman Mondal (Md.) and others..........................Petitioners Vs. State and another……………………….Opposite-Parties Judgment May 24, 2010. ..

Category: Criminal Law | Date: | Hits: 101

Shahajada Talukder Vs. Election Commissioner and others, 2003, 32 CLC (HCD)

....d to- AFM Shah Alam Vs. Mujibul Huq, 41 DLR (AD) 68; Rafiqul Alam Vs. Mustafa Kamal, 42 DLR (AD) 137; Ponnu Swam'si Case AIR 1952 SC 64 and Monindar Sing's case AIR 1978 SC 851; Ram Chandra Vs. Government of west Pakistan, AIR 1964 Cal 265, 272; Webb Vs. Minister of Housing and Local Governm......akistan, AIR 1964 Cal 265, 272; Webb Vs. Minister of Housing and Local Government [1965] 2 All ER 193; Shear Vs. Shield, 1914 (AC); Imtiaz Ahmed Vs. Ghulam Ali, 15 DLR (SC) 283; Dr. Nurul Islam Vs. Bangladesh; 1981 BLD (AD) 140=33 DLR (AD) 201; Pratab Singh Vs. Shri Krishna Gupta and others, AIR......vision (Special original Jurisdiction) Present: Md. Tafazzul Islam J Md. Anwarul Haque J Shahajada Talukder...................................Petitioner Vs. Election Commissioner and others.....................................Respondents Judgment February 8, 2003. Resul......preme Court High Court Division (Special original Jurisdiction) Present: Md. Tafazzul Islam J Md. Anwarul Haque J Shahajada Talukder...................................Petitioner Vs. Election Commissioner and others.....................................Respondents Judgment ..

Category: Election Law | Date: | Hits: 211

International Finance Investment and Commerce Bank Ltd. Vs. Chittagong Steel Mills Limited and another, 2002, 31 CLC (HCD)

....the learned Subordinate Judge and 2nd Artha Rin Adalat and Commercial Sub‑Judge Court, Chittagong for his information and necessary action. Ed. This Case is also Reported in: 55 DLR (2003) 417.......the learned Subordinate Judge and 2nd Artha Rin Adalat and Commercial Sub‑Judge Court, Chittagong for his information and necessary action. Ed. This Case is also Reported in: 55 DLR (2003) 417.......s also Reported in: 55 DLR (2003) 417.......Court High Court Division (Civil Revisional Jurisdiction) Present: Gour Gopal Saha J Sk Rezowan Ali J International Finance Investment and Commerce Bank Ltd…….…..Petitioner Vs. Chittagong Steel Mills Limited and another....................Opposite Parties Judgment ..

Category: Civil Law | Date: | Hits: 101

Ali Azam Vs. Md. Majibullah, 2002, 31 CLC (HCD)

....eeds. At the time of purchase of those lands, the defendant was unemployed. He was a simple name lender of the plaintiff. The plaintiff mutated his name in the khatian and has been paying rent to the Government. Recently, the defendant claimed title in the suit land and, as such, the plaintiff filed......ed their names, paid rent and have been possessing those land jointly. In 1970 the defendant joined as Accountant in a mill at Chittagong. Thereafter he joined as an officer in Trading Corporation of Bangladesh. They constructed their dwelling house in 1.25 acres of land in 1974 and have been living...... Vs. Md. Majibullah…………………………………….Opposite Party Judgment July 16, 2002. Result: The Rule is discharged. Cases Referred to- Bhrigurashram Missir and another Vs. Surendra Nath Mitra and another, AIR 1962 (Patna) 204; Joydayal Poddar Vs. Bibi Baje......5 DLR (2003) 412. ..

Category: Property Law | Date: | Hits: 103

Abdul Hannan Vs. Managing Committee, Mohammadia Market Baboshahi Bahumukhi Samabaya Samity Limited, 2000, 29 CLC (HCD)

..... An order of Customs official under this section was appealable to the Collector of Customs or any other officer higher in rank and the appellate order was made final, subject to any revision by the Government. In that case the plaintiff feeling aggrieved by an order of assessment made by the Assis......o substance in this Rule. The Rule is accordingly, discharged without any order as to costs. Stay granted by this Court stands vacated. Ed. This Case is also Reported in: 55 DLR (2003) 409. ...... The Rule is discharged. Cases Referred to- Secretary of State represented by the Collector of South Acrot Vs. Mask & Co., 44 CWN 709 (Privy Council); Rafiqul Alam (Md.) Vs. Mustafa Kamal and ors, 42 DLR (AD) 137. Lawyers Involved: AF Hassan Ariff with Khaleda Zaman, Siper Mustofa,......R (2003) 409. ..

Category: Procedural Law | Date: | Hits: 124

Abdul Goni Kha Vs. Md. Abdul Aziz Azizur Rahman and others, 1996, 25 CLC (HCD)

.... receipt of this order failing possession through the court in execution thereof. Send down the lower Courts record expeditiously. Ed. This Case is also Reported in: 49 DLR (HD) (1997) 172. ................Opposite Parties Judgment August 27, 1996 Result: The Rule is made absolute. Cases Referred to- Abdul Mannan & Ors Vs. Kulada Ranjan Mowali & Ors. 31 DLR (AD) 195; Bangladesh Vs. Haji Abdul Gani, 32 DLR (AD) 233; Abdul Khaleque Sarnamat Vs. Abdul Kkaleque Sarnamat......igh Court Division (Civil Appellate Jurisdiction) Present: Mohammad Fazlul Karim J Abdul Goni Kha.........................................Petitioner Vs. Md. Abdul Aziz Azizur Rahman and ors.................Opposite Parties Judgment August 27, 1996 Result: The Rule is ma......HD) (1997) 172. ..

Category: Property Law | Date: | Hits: 114

Institute of Child Mother Health Vs. Abdus Salam, son of Late Yusub Molla and another & 5 others, 1996, 25 CLC (HCD)

....f 1996. Judgment Md. Golam Rabbani J.- All these Rules have been obtained by the Requiring Body against the awards of compensation for acquired lands arising out of six arbitration cases. 2. Government had acquired in accordance with the provision of Acquisition and Requisition of Immovable......pposite parties in the other civil revisions shall get interest @ 10 percent from the date of this judgment (19-8-96) till realisation. Ed. This Case is also Reported in: 49 DLR (HD) (1997) 160.......Gholam Rabbani J M Bazlur Rahman Talukder J Former Modern Shishu Hospital, presently Institute of Child Mother Health………………Petitioner Vs. Abdus Salam, son of Late Yusub Molla and another & 5 others.........Opposite Parties Judgment August 19, 1996. Result: Th......Revisional Jurisdiction) Present: Md. Gholam Rabbani J M Bazlur Rahman Talukder J Former Modern Shishu Hospital, presently Institute of Child Mother Health………………Petitioner Vs. Abdus Salam, son of Late Yusub Molla and another & 5 others.........Opposite Parties J..

Category: Property Law | Date: | Hits: 84

Global Access Ltd. Vs. Bangladesh and others, 2003, 32 CLC (HCD)

.... that writ cannot be maintainable against the decision taken by the Board of Directors of the Security Printing Corporation (Bangladesh) Limited. In a case reported in 46 DLR 552 it was held that the Government while doing commercial or trading business through a company, does not function as a depa......ourt High Court Division (Special Original Jurisdiction) Present: Md. Hamidul Haque J Salma Masud Chowdhury J Global Access Ltd..................................Petitioner Vs. Bangladesh and others…………….……………..Respondents Judgment January 25, 2003. ......h Court Division (Special Original Jurisdiction) Present: Md. Hamidul Haque J Salma Masud Chowdhury J Global Access Ltd..................................Petitioner Vs. Bangladesh and others…………….……………..Respondents Judgment January 25, 2003. Result: ......preme Court High Court Division (Special Original Jurisdiction) Present: Md. Hamidul Haque J Salma Masud Chowdhury J Global Access Ltd..................................Petitioner Vs. Bangladesh and others…………….……………..Respondents Judgment January 25, ..

Category: Others | Date: | Hits: 174

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