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....ul Amin, Advocate with Abdul Mazed Mia. Advocate and Md. Rezaul Karim, Advocate (In all Writ Petitions)—For the Petitioners.
Md. Nazrul Islam Talukder. Deputy Attorney Genera-For the Respondents-Government (In all Writ Petitions).
AFM Mesbah Uddin, Senior Advocate with AKM Nazrul Islam. Seni......titioners
Vs.
Chairman, Rajdhani Unnayan Kartripakha (RAJUK) and others............Respondents
Judgment
September 8, 2010.
Result:
The rules are discharge.
Cases Referred to-
Bangladesh Sangbadpatra Parishad (BSP) Vs. Bangladesh, 43 DLR (AD) 126; Bangladesh Vs. Nawab Abdul M......2011) 85.
......copy of this judgment be communicated at once.
Ed.
This Case is also Reported in: 63 DLR (HD) (2011) 85.
..
Category: Property Law | Date: | Hits: 106
Government of the People's Republic of Bangladesh Vs. Md. Khorshed Ali Talukder, 2012, 41 CLC (AD)
....il) Present: Md. Muzammel Hossain CJ Surendra Kumar Sinha J Md. Abdul Wahhab Miah J Nazmun Ara Sultana J Syed Mahmud Hossain J Muhammad Imman Ali J Md. Shamsul Huda J Government of the People's Republic of Bangladesh presented by the Secretary, Ministry of Agricult...... CJ Surendra Kumar Sinha J Md. Abdul Wahhab Miah J Nazmun Ara Sultana J Syed Mahmud Hossain J Muhammad Imman Ali J Md. Shamsul Huda J Government of the People's Republic of Bangladesh presented by the Secretary, Ministry of Agriculture and others...............................n Ali J Md. Shamsul Huda J Government of the People's Republic of Bangladesh presented by the Secretary, Ministry of Agriculture and others.....................................Petitioners Vs. Md. Khorshed Ali Talukder...........................................Respondent Judgment ...... appointing the enquiry officer/Board of Enquiry in accordance with the rules. Ed. This Case is also Reported in: 9 ADC (2012) 407. ..Category: Administrative Law | Date: | Hits: 263
Kartick Chandra Mandal & others Vs. State, 2010, 39 CLC (HCD)
....Judgment October 6, 2010. Result: The rule is discharged. Cases Referred to- Kohinoor Chemical Co. Ltd Vs. Easter Shippers and Traders, 41 DLR 387; Mostofa Kamal alias Lotus Kamal Vs. Government of Bangladesh, 14 MLR (AD) (2009) 5=61 DLR (AD) (2009) 10; Kahar Singh Vs. The State of H......tober 6, 2010. Result: The rule is discharged. Cases Referred to- Kohinoor Chemical Co. Ltd Vs. Easter Shippers and Traders, 41 DLR 387; Mostofa Kamal alias Lotus Kamal Vs. Government of Bangladesh, 14 MLR (AD) (2009) 5=61 DLR (AD) (2009) 10; Kahar Singh Vs. The State of Horyana, 1972 (......) 190. ......per law. Communicate the order at once. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 190. ..Category: Criminal Law | Date: | Hits: 143
A.K. Azad Vs. Fakruddin and another, 2009, 38 CLC (HCD)
....lled the suit property, was originally allotted to Mr. Saifuddin by the then Dhaka Improvement Trust by a registered lease deed dated 26.12.1962. The suit property subsequently was taken over by the Government on 9.4.1976 as abandoned property and the same was listed in the 'Ka' list of the Abandon...... is discharged without any order as to costs. The order of injunction granted at the time of issuance of the Rule is hereby vacated. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 135....... This Case is also Reported in: 16 MLR (HCD) (2011) 135.......nction granted at the time of issuance of the Rule is hereby vacated. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 135...Category: Property Law | Date: | Hits: 85
....his Case is also Reported in: 16 MLR (HCD) (2011) 130.
......CD) (2011) 130.
......Ed.
This Case is also Reported in: 16 MLR (HCD) (2011) 130.
......le is discharged.
Cases Referred to-
Sheikh Salimuddin Vs. Ataur Rahman, 43 DLR 18; Ajufannessa Vs. Safar Miah, 30 DLR (SC) 41.
Lawyers Involved:
None appears - For the petitioner.
Dr. Md. Bashir Ullah, Assistant Attorney General - For the opposite parties.
Civil Revision No.17 of ..
Category: Property Law | Date: | Hits: 82
Raju Bala Kuri and others Vs. Narayan Chandra Kuri, 2009, 38 CLC (HCD)
....osts and the order of stay granted at the time of issuance of the rule is hereby vacated. Send down the L.C. Records immediately. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 126. ......ave it on demand. During the war of liberation, Onnada Sunduri went to India with plaintiff No.2 and 4 and died there in refugee Camp. Santa Kumar Kuri was also in India at that time and his house in Bangladesh was also looted away. After the war of liberation Santa Kumar Kuri was again permitted by......is also Reported in: 16 MLR (HCD) (2011) 126. ......osts and the order of stay granted at the time of issuance of the rule is hereby vacated. Send down the L.C. Records immediately. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 126. ..Category: Civil Law | Date: | Hits: 103
Mohiuddin Ahmmed and others Vs. State, 2011, 40 CLC (HCD)
....e appeal is vacated. The Tribunal is directed to dispose of the case as early as possible. Communicate a copy of the judgment. Borhanuddin J. - I agree. Ed. This Case is also Reported in: ......and lodged the ejahar against them causing endless harassment and humiliations. In support of his contention, Mr. Roy referred to some defense materials including a circular dated 13.7.2006 issued by Bangladesh Chemist and Druggists Association. As a second line of his argument, he submits that the ......so Reported in: ...... copy of the judgment. Borhanuddin J. - I agree. Ed. This Case is also Reported in: ..Category: Criminal Law | Date: | Hits: 99
....urendra Kumar Sinha J
Nazmun Ara Sultana J
Syed Mahmud Hossain J
Muhammad Imman Ali J
Muktarpur Matashajibi Samabaya Samity Ltd......................................Petitioner
Vs.
Government of Bangladesh and others...............................................Respondents
Jud......Sinha J
Nazmun Ara Sultana J
Syed Mahmud Hossain J
Muhammad Imman Ali J
Muktarpur Matashajibi Samabaya Samity Ltd......................................Petitioner
Vs.
Government of Bangladesh and others...............................................Respondents
Judgment
Marc......J
Surendra Kumar Sinha J
Nazmun Ara Sultana J
Syed Mahmud Hossain J
Muhammad Imman Ali J
Muktarpur Matashajibi Samabaya Samity Ltd......................................Petitioner
Vs.
Government of Bangladesh and others...............................................Respondents......dicial Magistrate, Sunamganj for taking action as per direction made above.
Ed.
This Case is also Reported in: 9 ADC (2012) 390.
..
Category: Property Law | Date: | Hits: 90
Arab Bangladesh Bank Ltd. Vs. Md. Salauddin and others, 2010, 39 CLC (HCD)
....nbsp;of nomination paper for the post of Chairman, Union Parishad was challenged in a suit in view of the disqualifying clause laid down in the Election Rules framed under the Local Government (Union Parishad) Ordinance, 1983. The aggrieved defendant, a candidate, made ...... Reported in: 16 MLR (HCD) (2011) 97, 118; 16 BLC (HCD) (2011) 277, 293. ......upreme Court High Court Division (Civil) Present: Sheikh Abdul Awal J M. Moazzam Husain J Arab Bangladesh Bank Ltd................................Defendant-petitioner Vs. Mr. Md. Salauddin and others ..................................Plaintiff-opposite parties ......t High Court Division (Civil) Present: Sheikh Abdul Awal J M. Moazzam Husain J Arab Bangladesh Bank Ltd................................Defendant-petitioner Vs. Mr. Md. Salauddin and others ..................................Plaintiff-opposite parties Judgment&nb..Category: Civil Law | Date: | Hits: 141
Sheikh Moqbul Ahmed and Rabeya Khatun Vs. Ms. Nurunnahar Begum, 2012, 41 CLC (AD)
....r dated 15.06.2004 passed by the Joint District Judge, 1st Court, Pabna in Succession Certificate Case No.23 of 2001 be restored. Ed. This Case is also Reported in: 9 ADC (2012) 246. ......abeya Khatun the parents of deceased Sheikh Sharif Ahmed. The statements made in the application for succession certificate, in short, were as follows:- 3. Sheikh Sharif Ahmed was an employee of Bangladesh Red Crescent Society. While he was in service he died due to brain hemorrhage on 05.06.20......Imman Ali J Md. Shamsul Huda J Sheikh Moqbul Ahmed and Rabeya Khatun wife of Sheikh Moqbul Ahmed being dead their heirs Sheikh Golam Mustafa and others...........................Petitioners Vs. Ms. Nurunnahar Begum.........................................Respondent Judgment Janua......f 2001 be restored. Ed. This Case is also Reported in: 9 ADC (2012) 246. ..Category: Civil Law | Date: | Hits: 154
Meher Negar Vs. Mojibur Rahman, 1994, 23 CLC (HCD)
....caped his notice that in that judgment Mr. Justice Hamoodur Rahman, the Chief Justice of Pakistan, has specifically mentioned section 20 of the West Pakistan Family Court Act, 1964 which empowers the Government to invest any judge of the Family Court with the powers of Magistrate, 1st Class to make ...... behalf of the opposite party. 5. Mr. Alimuzzaman Chowdhury, the learned Advocate for the petitioner, contends that the Family Courts Ordinance, 1985 is a personal law applicable to the Muslims of Bangladesh only and not to any other community and, as such, its provisions cannot override the prov......995) 18. ......ted decision); Abdul Khaleque (Md) Vs. Selina Begum and another, 42 DLR 450; PLD 1969 (SC) 187; Supreme Court Monthly Review (Vol. IV) of 1971, 150. Lawyers Involved: Alimuzzaman Chowdhury with Md. Khurshid Alam Khan, Advocates ‑ For the Petitioner. No one ‑ For the Opposite Party. C..Category: Family Law | Date: | Hits: 215
Shahidul Alam VS. Government of Bangladesh and others, 1994, 23 CLC (HCD)
....ivision (Special Original Jurisdiction) Present: AM Mahmudur Rahman J Mohammad Asaduzzaman J Shahidul Alam………………………………………………..Petitioner VS. Government of Bangladesh, represented by the Secretary, Ministry of Home Affairs, Secretariat, Dhaka......ecial Original Jurisdiction) Present: AM Mahmudur Rahman J Mohammad Asaduzzaman J Shahidul Alam………………………………………………..Petitioner VS. Government of Bangladesh, represented by the Secretary, Ministry of Home Affairs, Secretariat, Dhaka and others…......ey General prays for stay operation of the above order so as to enable them to move before the Appellate Division. The prayer is refused. Ed. This case is also Reported in: 47 DLR (AD) (1995) 15.......nt Mohammad Asaduzzaman J. -This Rule under Article 102(2)(b)(i) of the Constitution of the People's Republic of Bangladesh was issued on 31.10.94 at the instance of one Shahidul Alam, son of late Md. Serajul Hoq, Motijheel, Dhaka (next friend of the detenu) calling upon the Ministry of Home Affa..Category: Criminal Law | Date: | Hits: 200
Iskander Lasker Vs. District Magistrate, Jessore and others, 1994, 23 CLC (HCD)
....ander Lasker ..........................................................Petitioner Vs. 1. The District Magistrate, Jessore, 2. The Superintendent of Jail, Jessore Central Jail, Jessore, 3. Government of the People's Republic of Bangladesh, through the Secretary, Ministry of Home Affairs, ......................................Petitioner Vs. 1. The District Magistrate, Jessore, 2. The Superintendent of Jail, Jessore Central Jail, Jessore, 3. Government of the People's Republic of Bangladesh, through the Secretary, Ministry of Home Affairs, Bangladesh Secretariats, Dhaka ..............(1995) 12. ......strict Jessore, be set at liberty forthwith if not wanted in any other connection. Ed. This Case is also Reported in: 47 DLR (AD) (1995) 12. ..Category: Criminal Law | Date: | Hits: 86
....y the assessee but took an entirely different plea not raised before the Appellate Joint Commissioner of Taxes and it is to the effect that the assessee is one of the nationalised units placed by the Government under the control and management of Bangladesh Food and Sugar Industries Corporation and ......
2. The assessee in the instant case is a limited Company carrying on business under the name and style of Mohammadi Trading Company, which has subsequently been nationalised after the liberation of Bangladesh.
The question of law referred to is:
"Whether on the facts and in the circumstances......t Division
(Special Statutory Jurisdiction)
Present:
Anwarul Hoque Choudhury J
Mohammad Asaduzzaman J
Commissioner of Taxes, Chittagong (South) Zone, Chittagong...........Applicant
Vs.
Mohammadi Trading Company........................................................Respondent
......ioner of Taxes.
Send a copy with the seal of the Court to the Appellate Tribunal, Chittagong.
There will be no order as to costs.
Ed.
This case is also Reported in: 47 DLR (HCD) (1995) 6.
..
Category: Fiscal/Taxation Law | Date: | Hits: 188
American Bureau of Shipping Vs. Commissioner of Taxes (South) Zone, Chittagong, 1994, 23 CLC (HCD)
....l dispose of these three Reference applications namely, Application Nos. 80, 81 and 82 of 1992. There shall be no order as to costs. Ed. This Case is also Reported in: 47 DLR (HCD) (1995) 1. ...... Appeal No. 151/Coy‑II/86‑87 allowing the appeal. 2. The Deputy Commissioner of Taxes disallowed expenses incurred by the applicant outside taxable territories for conducting their business in Bangladesh by artificially linking the expenses with the income earned by the applicant throughout t......on (Statutory Original Jurisdiction) Present: Anwarul Hoque Choudhury J Mohammad Asaduzzaman J American Bureau of Shipping.................................................Applicant Vs. Commissioner of Taxes (South) Zone, Chittagong……………………….Respondent Judgm......l dispose of these three Reference applications namely, Application Nos. 80, 81 and 82 of 1992. There shall be no order as to costs. Ed. This Case is also Reported in: 47 DLR (HCD) (1995) 1. ..Category: Fiscal/Taxation Law | Date: | Hits: 159
Abdul Ali and another Vs. State, 1977, 6 CLC (AD)
....charya, JJ. I concur with my learned brother K. Hossain J. K. Hossain J.—The question involved in this appeal it whether the High Court Division is justified in holding that the labourer under a Government contractor is a public servant within the meaning of S.21 of the Penal Code. 2. It app......e with the judgment of brother K. Hossain J. Order of the Court In view of the opinion of the majority the appeal is dismissed. Ed. This Case is also Reported in: 30 DLR (AD) (1978) 58. ......Present: Syed ABM Husain CJ Ahsanuddin Choudhury J Kemaluddin Hossain J Debesh Chandra Bhattacharya J Fazle Munim J Abdul Ali and another…...........................Appellants Vs. The State.............................................Respondent Judgment June 30, 1977......d Vs. Collector, Ahmednagar, A.I.R. 1935 Bombay 25; Zainul Abedin Vs. State, 9 DLR 640; C.A. Monterio Vs. The State Ajmer, A.I.R. 1957 (SC) 13; Nurul Islam Vs. State, 12 D.L.R. 105; Muhammad Amir Vs. Md. Kaushar, 21, DLR (S.C.) 330, 1956 Cr. L J. 1320; Mohd. Pasha Vs. State of Hyderabad Reg Vs. Rami..Category: Criminal Law | Date: | Hits: 115
Fazlur Rahman Vs. Rajab Ali and others, 1977, 6 CLC (AD)
.... an elaborate discussion on the question of maintainability of the suit and held that the Election Tribunal was the only forum to decide the dispute relating to an election held under the Local Government Ordinance, 1976 and the Union Parishad (Election) Rules, 1976 and the Civil Court had no ...... this Court and dispose of the suit according to law. The petition is accordingly disposed of but there shall be no order as to costs. Ed. This Case is also Reported in: 30 DLR (AD) (1978) 30. ......late Division (Civil) Present: Syed ABM Husain CJ Kemaluddin Hossain J Debesh Chandra Bhattacharya J Fazle Munim J Fazlur Rahman………………………………Petitioner Vs. Rajab Ali and others..................Respondents Judgment July 18, 1977. Result: ........Respondents Judgment July 18, 1977. Result: The order of the High Court is set aside. Cases Referred to- Tara Kant Banerjee Vs. Puddo Money Dossee, (1865) 10 M.I.A. 476: 5 W R 63; Md. Sulaiman Vs. Kumar Birendra Chandra Singh (1922) L.R. 50 L.A 247; ILR.50 Cal.243; 27 C.W.N. 749:..Category: Civil Law | Date: | Hits: 111
....t of a bench of the erstwhile High Court of East Pakistan, dismissing a writ application made by Mr. M.H. Khandker, the appellant, who happens to be a lessee of a residential plot of land under the Government at Dhanmandi Residential Area in the, city of Dacca, by which the validity of a notice ca......ision
(Civil)
Present:
Syed ABM Husain CJ
Debesh Chandra Bhattacharya J
Fazle Munim J
M H Khandker, Advocate……………………………………………Appellant
Vs.
Bangladesh (formerly Province of East Pakistan) & another..........Respondents
Judgment
......ate Division
(Civil)
Present:
Syed ABM Husain CJ
Debesh Chandra Bhattacharya J
Fazle Munim J
M H Khandker, Advocate……………………………………………Appellant
Vs.
Bangladesh (formerly Province of East Pakistan) & another..........Respondents
Judg......lt, therefore, is that subject to the observation made above, the appeal is dismissed. There shall, however, be no order as to costs.
Ed.
This Case is also Reported in: 30 DLR (AD) (1978) 1.
..
Category: Property Law | Date: | Hits: 114
Shameem Ara and others Vs. Government of Bangladesh and others, 2011, 40 CLC (AD)
.......Petitioners (In Civil Petition No.2051 of 2010) Selina Habib and others …………………………………………………Petitioners (In Civil Petition No. 2353 of 2010) Vs. The Government of Bangladesh and others...................Respondents (In all the cases) Judgment ...... (In Civil Petition No.2051 of 2010) Selina Habib and others …………………………………………………Petitioners (In Civil Petition No. 2353 of 2010) Vs. The Government of Bangladesh and others...................Respondents (In all the cases) Judgment July 24, 201....................Petitioners (In Civil Petition No.2051 of 2010) Selina Habib and others …………………………………………………Petitioners (In Civil Petition No. 2353 of 2010) Vs. The Government of Bangladesh and others...................Respondents (In all the cases) ......t of the High Court Division. Accordingly, these petitions are dismissed. Ed. This Case is also Reported in: 9 ADC (2012) 78. ..Category: Employment/Service Law | Date: | Hits: 134
State Vs. Jahangir Mallik, 2008, 37 CLC (HCD)
....onment for life and pay a fine of Taka 5000 in default to suffer rigorous imprisonment for 6(six) months. Send down the LCR at once. Ed. This Case is also Reported in: 15 BLC (HCD) (2010) 67. ......ode. 24. Now as to the sentence in a case under sections 302/34 of the Penal Code, law has been amended in India as per act 2 of 1974 and normal sentence for murder is no longer death in India. In Bangladesh there has been no amendment as yet. As per the decision in the case of Nawsher Ali Vs. St......rted in: 15 BLC (HCD) (2010) 67. ...... Death Reference No. 50 of 2005 with Jail Appeal No 421 of 2005. Judgment Siddiqur Rahman Miah J. - This Death Reference being No. 50 of 2005 and Jail Appeal No. 421 of 2005 at the instance of Md. Jahangir Mallik is directed against the judgment and order dated 27-4-2005 passed by the learned..Category: Criminal Law | Date: | Hits: 87
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