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Government of Bangladesh Vs. Abdul Majid, 2012, 41 CLC (AD)

.... Appellate Division (Civil) Present: 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 Bangladesh, repre­sented by the Deputy Commissioner, Dinajpur……………………......vision (Civil) Present: 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 Bangladesh, repre­sented by the Deputy Commissioner, Dinajpur………………………………â€......­sented by the Deputy Commissioner, Dinajpur…………………………………………………………………….Petitioner Vs. Abdul Majid being dead his heirs:Mizanur Rahman (Minor) and others............................................Respondents Order February 27, 2012. ......li J Md. Shamsul Huda J Government of Bangladesh, repre­sented by the Deputy Commissioner, Dinajpur…………………………………………………………………….Petitioner Vs. Abdul Majid being dead his heirs:Mizanur Rahman (Minor) and others.............................

Category: Property Law | Date: | Hits: 93

IFIC Bank Ltd. Vs. Eknabin & Co. and others, 2010, 39 CLC (HCD)

....6 dated 18-9-2005 are set aside. In the result, the Rule is made absolute without any order as to cost. Communicate this order. Ed. This Case is also Reported in: 63 DLR (HD) (2011) 123. ......tion for staying holding of auction sale and opposite party No.1 hav­ing appointed as receiver by Bankruptcy Court, filed another application stating that Industrial Develop­ment Leasing Company of Bangladesh filed Bank­ruptcy Case in Bankruptcy Court against opposite party Nos.2 and 3 as such th......ivil Revisional Jurisdiction) Present: Sharif Uddin Chaklader J Md. Fazlur Rahman J IFIC Bank Ltd…………………………………….........Petitioner Vs. Eknabin & Co. and others ..............................Opposite-Parties Judgment August 12, 2010. Result:......High Court Division (Civil Revisional Jurisdiction) Present: Sharif Uddin Chaklader J Md. Fazlur Rahman J IFIC Bank Ltd…………………………………….........Petitioner Vs. Eknabin & Co. and others ..............................Opposite-Parties Judgment Au..

Category: Procedural Law | Date: | Hits: 126

Abeda Chowdhury Vs. State and another, 2009, 38 CLC (HCD)

....Advocate for the petitioner is per­mitted to take back the certified copies of the annexure by replacing the photocopies of the same. Ed. This Case is also Reported in: 63 DLR (HD) (2011) 118. ......the Court of Metropolitan Assistant Sessions Judge, 5th Court, Dhaka should not be quashed. 2. Necessary facts for the purpose of disposal of this Rule is that the complainant opposite party No.2, Bangladesh Shilpa Bank as complainant, filed a complaint petitioner before the Court of Chief Metrop......ourt Division (Criminal Miscellaneous Jurisdiction) Present: Siddiqur Rahman Miah J Md. Ataur Rahman Khan J Abeda Chowdhury..................................Petitioner Vs. State and another.................................Opposite Parties Judgment October 29, 2009 Resu......rt High Court Division (Criminal Miscellaneous Jurisdiction) Present: Siddiqur Rahman Miah J Md. Ataur Rahman Khan J Abeda Chowdhury..................................Petitioner Vs. State and another.................................Opposite Parties Judgment October 29,..

Category: Criminal Law | Date: | Hits: 113

Rowshena Jahan Vs. State and another, 2010, 39 CLC (HCD)

....rned Court shall proceed with the case in accordance with law. Send a copy of the judgment and order to the Court below immediately. Ed. This Case is also Reported in: 63 DLR (HD) (2011) 90. ......ranted ad-interim bail. 3. The relevant facts for disposal of the Rules are that the petitioner Mrs. Rowshena Jahan accused No.2 is the wife of accused No.1 Md. Obaidullah, Ex-Managing Director of Bangladesh Teletalk Ltd. in the response to the notice of Anti-Corruption Corruption Commission, the......order to the Court below immediately. Ed. This Case is also Reported in: 63 DLR (HD) (2011) 90. ......Court Division (Criminal Miscellaneous Jurisdiction) Present: Khandaker Musa Khaled J Md. Mizanur Rahman Bhuiyan J Rowshena Jahan………………………………….Petitioner Vs. State and another……………………………….Opposite-Parties Judgment Septem..

Category: Criminal Law | Date: | Hits: 100

Buxly Paints (Bang­ladesh) Ltd. Vs. Bangladesh, 1977, 6 CLC (AD)

....d agreement could not be implemented because of the situation arising out of the liberation of Bangladesh. On the 19th January, 1972 the Secretary, Ministry of Industries and Natural Resources of the Government of Bangla­desh issued a notification purporting to take over under Acting President's Or......n (Civil) Present: AB Mahmud Hussain CJ Kemaluddin Hus­sain J Debesh Chandra Bhattacharya J Fazle Munim J Buxly Paints (Bang­ladesh) Ltd……………...Appellant Vs. Bangladesh…………………Respondent Judgment August 19, 1977. Result: The appeal ......l authority. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 266....... Division (Civil) Present: AB Mahmud Hussain CJ Kemaluddin Hus­sain J Debesh Chandra Bhattacharya J Fazle Munim J Buxly Paints (Bang­ladesh) Ltd……………...Appellant Vs. Bangladesh…………………Respondent Judgment August 19, 1977. Result: The..

Category: Property Law | Date: | Hits: 79

Sukhamoya Dutta Gupta Vs. Abdul Gafur and others, 1979, 8 CLC (AD)

..... Accordingly the appeal is allowed. The order of the High Court un­der appeal is set aside and those of the Courts below are restored. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 262....... in holding that the accused had bona fide claim of right; and their entry into the disputed property in assertion of that right constituted criminal trespass within the meaning of section 441 of the Bangladesh Penal Code. 3. Facts relevant for disposal of this appeal are: The appellant lodge......late Division (Criminal) Present: Kemaluddin Hossain CJ Ruhul Islam J KM Subhan J Badrul Haider Chowdhury J Sukhamoya Dutta Gupta..................Appellant Vs. Abdul Gafur and others..................Respondents Judgment April 12, 1979. Result: The appeal is a......eme Court Appellate Division (Criminal) Present: Kemaluddin Hossain CJ Ruhul Islam J KM Subhan J Badrul Haider Chowdhury J Sukhamoya Dutta Gupta..................Appellant Vs. Abdul Gafur and others..................Respondents Judgment April 12, 1979. Result:..

Category: Criminal Law | Date: | Hits: 94

Syed Abdul Ali Vs. Secretary, Ministry of Cabinet Affairs, Establishment Division & others, 1979, 8 CLC (AD)

....lleged that no oppor­tunity was given to him to adduce oral evi­dence. However, the appellant was placed under suspension by an order dated 25.7.73 with immediate effect. Thereafter on 26.11.73 the Government dismissed the appellant with effect from 25.7.73 on the basis of recommendation of the Sc......the learned Counsel appearing for the appellant convassed that at the relevant time the appellant retired from the service on 31.1.73 on completion of 55 years of age in terms of the P.O. 14 of 1972 (Bangladesh Public Servants Retirement Orders, 1972 ) and he had not been re-employed. The order of t......cord - For the Appellant. Abdul Wadud Bhuiyan, Assistant Attorney-General, instructed by S. S. Hoda, Advocate-on-Record - For the Respondent. Civil Appeal No.147 of 1978. (From the judgment and order dated 24.2.71 passed by the High Court in Writ petition No.22 of 1974). Judgment Bad......(AD) (1979) 256...

Category: Employment/Service Law | Date: | Hits: 107

Bangladesh Biman Corpo­ration Vs. Chowdhury Mohammad Yusuf and another, 1979, 8 CLC (AD)

....4 pro­vided that all persons who were serving in the PIA Corporation shall be deemed to be serv­ing in the Airlines on such terms and condi­tions and subject to such scrutiny or screen­ing as the Government of Bangladesh may determine. Article 7 provided for making rules for the purpose of givin......th costs. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 305. ......Bangladesh Biman Corpo­ration………………………Appellant (both the Appeals) Vs. Chowdhury Mohammad Yusuf………………………Respondent (In Ap­peal No.24 of 1979) M.A. Rouf and another………………………Respondents (In Appeal No.25 of 1979) Judgment May 4, 1...... Appellate Division (Civil) Present: Ruhul Islam J KM Subhan J Badrul Haider Chowdhury J Bangladesh Biman Corpo­ration………………………Appellant (both the Appeals) Vs. Chowdhury Mohammad Yusuf………………………Respondent (In Ap­peal No.24 of 1979) ..

Category: Employment/Service Law | Date: | Hits: 123

New India Tea Company Ltd. Vs. Bangladesh and others, 1977, 6 CLC (AD)

....company's Ramgarh Tea Estate with effect from April 1, 1945. Upon receipt of Rs. 2504.00 as Salami and Rs. 626.00 as rent for one year from the appellant-company receipt, Dakbilas were granted by the Government to it which also got possession of the land. A sum of Rs. 2065.00 as determined by the Di...... Court Appellate Division (Civil) Present: Mahmud Hussain CJ Kemaluddin Hossain J Debesh Chandra Bhattacharya J New India Tea Company Ltd…………………Appellant Vs. Bangladesh and others……………………Respondent Judgment August 17, 1977. Result: ......order as to costs. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 303.......Supreme Court Appellate Division (Civil) Present: Mahmud Hussain CJ Kemaluddin Hossain J Debesh Chandra Bhattacharya J New India Tea Company Ltd…………………Appellant Vs. Bangladesh and others……………………Respondent Judgment August 17, 1977. R..

Category: Property Law | Date: | Hits: 87

Md. Hemayet Hossain and others Vs. Chairman, Rajdhani Unnayan Kartripakha (RAJUK) and others, 2010, 39 CLC (HCD)

....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......s Case is also Reported in: 63 DLR (HD) (2011) 85. ......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...............................zmun 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.....................................Petitioners Vs. Md. Khorshed Ali Talukder............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 ..

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 (......t once. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 190. ......) 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.......o Reported in: 16 MLR (HCD) (2011) 135....... This Case is also Reported in: 16 MLR (HCD) (2011) 135...

Category: Property Law | Date: | Hits: 85

Most. Sufia Chowdhury Vs. Government of the People's Republic of Bangladesh and others, 2010, 39 CLC (HCD)

....his Case is also Reported in: 16 MLR (HCD) (2011) 130. ......CD) (2011) 130. ......130. ......Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 130. ..

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......down the L.C. Records immediately. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 126. ......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 ....... - I agree. Ed. This Case is also Reported in: ......so Reported in: ..

Category: Criminal Law | Date: | Hits: 99

Muktarpur Matashajibi Samabaya Samity Ltd. Vs. Government of Bangladesh and others, 2011, 40 CLC (AD)

....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......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 March 30, 2011.......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..

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. ......t 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  July 8,......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 ..

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......d. 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 Sheikh Moqbul Ahmed and Rabeya Khatun wife of Sheikh Moqbul Ahmed being dead their heirs Sheikh Golam Mustafa and others......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..

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......e Party Judgment September 5, 1994. Result: The Rule is made absolute. Cases Referred to- Civil Revision No. 870 of 1991, (unreported 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. ......995) 18. ..

Category: Family Law | Date: | Hits: 215