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Hafizuddin Ahmed and another Vs. Mahbubul Huq and others, 1983, 12 CLC (AD)

....tate to the plaintiff under the kabala dated 1.8.59 was hit by section 9(1) of the State Acquisition and Tenancy Act. 1950. Section 9(1) put an embargo on transfer, without previous permission of the Government, by private sale or gift, of any interest in an estate, or tenure or transfer of any land......owed. The judgment and decree of the High Court Divi­sion is set aside and that of the trial Court is restored. No order as to costs. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 174. ......4. ...... (Civil Appellate Jurisdiction) Present FKMA Munim CJ Badrul Haider Chowdhury J Shahabuddin Ahmed J Syed Md. Mohsen Ali J Hafizuddin Ahmed and another……………Appellants Vs. Mahbubul Huq and others…………………Respondents Judgment March 20, 1983. Res..

Category: Property Law | Date: | Hits: 58

Tahera Begum Vs. Farukh Meah, 1982, 11 CLC (AD)

....ribed time the body formed without such representative shall be the Arbitra­tion Council;" "Chairman" is also defined. It means 'Chairman of the Union Council or a person appointed by the Central Government in the Cantonment or by Provincial Government in other areas or by an officer authorised ...... such Government to dis­charge the functions of the Chairman under the Ordinance". That was the position upto 1971. In 1972 with the emergence of Bangla­desh, President's Order, No. 7 of 1972, "The Bangladesh Local Councils and Municipal Committees (Dissolution and Administration) Order, 1972 was ......th her) instruc­ted by Md. Aftab Hossain, Advocate-on-Reco­rd - For the appellant. Md. Wahidullah, Advocate-on-Record - For the respondent. Criminal Appeal No. 1 of 1982. From the judgment and order dated 10.3.81 passed by the High Court Division in Criminal Revision Case No. 369 of 1979.......Division (Criminal Appellate Jurisdiction) Present FKMA Munim CJ Ruhul Islam J Badrul Haider Chowdhury J Shahabuddin Ahmed J Tahera Begum……………………… Appellant Vs. Farukh Meah……………………… Respondent Judgment November 8, 1982. Result:..

Category: Family Law | Date: | Hits: 166

Shafiqur Rahman and others Vs. Nurul Islam Chow­dhury and others, 1982, 11 CLC (AD)

....t harshness of treatment which has resulted in some injury to public interest or undue hardship to individuals." This is a part of the observations made by the Law Reform Commission set up by the Government of Pakistan in 1967. 23. The question of enlarging the revisional jurisdiction of the ...... the same powers and jurisdictions as they exercised immediately before the Procla­mation. The High Court of East Pakistan continued to exercise those powers and juris­dictions. After liberation of Bangladesh the powers, authority and jurisdictions of the High Court were continued by Article 4 of ...... Appellate Division (Civil Appellate Jurisdiction) Present: FKMA Munim CJ Ruhul Islam J Badrul Haider Chowdhury J Shahabuddin Ahmed J Chowdhury ATM Masud J Shafiqur Rahman and others…………………………Appellants Vs. Nurul Islam Chow­dhury and others…â€......on) Present: FKMA Munim CJ Ruhul Islam J Badrul Haider Chowdhury J Shahabuddin Ahmed J Chowdhury ATM Masud J Shafiqur Rahman and others…………………………Appellants Vs. Nurul Islam Chow­dhury and others…………… Respondents Judgment December 14, 198..

Category: Others | Date: | Hits: 135

Abu Saber Aziz Mohammad and others Vs. Government of Bangladesh and others, 1976, 5 CLC (AD)

....Civil) Present: Syed AB Mahmud Hussain CJ Ahsanuddin Chowdhury J Debesh Chandra Bhattacharya J Fazle Munim J Abu Saber Aziz Mohammad and others………………Appellants Vs. Government of Bangladesh and others…………………Respondents Judgment March 25, 1976.......ent: Syed AB Mahmud Hussain CJ Ahsanuddin Chowdhury J Debesh Chandra Bhattacharya J Fazle Munim J Abu Saber Aziz Mohammad and others………………Appellants Vs. Government of Bangladesh and others…………………Respondents Judgment March 25, 1976. Result: ......appeal. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 218.......on (Civil) Present: Syed AB Mahmud Hussain CJ Ahsanuddin Chowdhury J Debesh Chandra Bhattacharya J Fazle Munim J Abu Saber Aziz Mohammad and others………………Appellants Vs. Government of Bangladesh and others…………………Respondents Judgment March 25..

Category: Property Law | Date: | Hits: 75

Abdul Mannan and others Vs. Kulada Ranjan Mowali and others, 1977, 6 CLC (AD)

....e plaintiff's on the basis of a Kabuliyat at a rental of Tk. 75. After the rent receiving interests of the previous landlords had been acquired under the State Acquisi­tion and Tenancy Act, 1950 the Government has stepped into the shoes of the previous landlords and the plaintiffs have become ten­...... was given legislative shape for the first time in Alluvion and Diluvion Regulation (Bengal Reg. XI of 1825) which was promulgated in Presidency of Bengal, which included the terri­tory which is now Bangladesh. The main purpose of the legislation was to resolve certain disputes which used to arise ......igh Court. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 195.......Division (Civil) Present: Syed AB Mahmud Husain CJ Kemaluddin Hossain J Debesh Chandra Bhattacharya J Fazle Munim J Abdul Mannan and others………………….Appellants Vs. Kulada Ranjan Mowali and others…………………….Respondents Judgment June 3, 1..

Category: Property Law | Date: | Hits: 133

M Fransis P Rojario alias Babu Vs. State, 2009, 38 CLC (HCD)

....ccused petitioners is hereby quashed. Communicate a copy of this Judgment to the Court concerned where the case is now pending at once. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 355.......kram, 2007 BLD (AD) 18 = 62 DLR 1AD) 283; CN Rudramurthy Vs. Barkathullah Khan, (1998) 8 SCC 275; Abdul Huque Vs. State, 60 DLR (AD) 1; Ali Akkas Vs. Enayet Hossain, 1997 BLD (AD) 44 = 2 BLC (AD) 16; Bangladesh Vs. Tan Kheng Hock, 31 DLR (AD) 69; N Mahmud Vs. M Ahmed, 36 DLR (AD) 14: 1984 BLD (AD) 9......3 of 2007 arising out of CR (Petition Case) No.1080 of 2007 under sections 406/408/409/420/34 of the Penal Code, now pending in the Court of Chief Metropolitan Magistrate, Dhaka should not be quashed and/or pass such other order or further order or orders as to this Court may seem fit and proper. ......urt High Court Division (Criminal Miscellaneous Jurisdiction) Present: AKM Fazlul Rahman J Md. Delwar Hossain J M Fransis P Rojario alias Babu.................Accused-Petitioners Vs. State...............Opposite Party Judgment December 15, 2009. Result: The Rule i..

Category: Criminal Law | Date: | Hits: 86

Salahuddin Ahmed Vs. State, 2009, 38 CLC (HCD)

....trusted to deal with the relief materials, rather the local authority for allotment and distribution of those relief materials were responsible for misappropriation, if any. He submits that the local Government officials were in fact entrusted with the responsibility of giving allotment and distribu......t of this Judgment by the lower Court, and pray for regular bail. Send a copy of the Judgment and order to the Court below at once. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 351.......w pending in the 4th Court of Additional Chief Metropolitan Magistrate, Dhaka, should not quashed, so far it relates to the accused-petitioner, or any other order passed as to this Court may deem fit and proper. 2. By the said Rule issuing order all further of proceedings of the aforesaid case we......0) 351...

Category: Criminal Law | Date: | Hits: 61

Jahangir Alam Chowdhury (Md.) Vs. Zabun Nahar Chowdhurani and other, 2008, 37 CLC (HCD)

....d at BCS examination of Health Cadre and qualified himself and also subsequently passed FCPS in eye. As an eye specialist he earned good reputation at home and abroad. He went to Saudi Arabia through Government and served there for a long time with the satisfaction of the authority by high paid sala......ith his wife and children in a rented house at Mizan Road in Feni town and he also set up an eye clinic there. He brought many gold ornaments for his wife defendant No.2 when they were coming back to Bangladesh. While he was running his practice and clinic business he asked his father-in-law to give......rt High Court Division (Civil Revisional Jurisdiction) Present: SAK Md. Dabirus Shan J Jahangir Alam Chowdhury (Md.)……………………Petitioner Vs. Zabun Nahar Chowdhurani and other…………………….opposite Parties Judgment May 8, 2008. Result: Two Rul...... (HCD) (2010) 322. ..

Category: Family Law | Date: | Hits: 167

Khalil @ Khalilur Rahman and others Vs. State, 2008, 37 CLC (HCD)

....tion and sentence is affirmed and he will get benefit of section 35A of the Code of Criminal Procedure. Send down the LCR at once. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 309. ......tion and sentence is affirmed and he will get benefit of section 35A of the Code of Criminal Procedure. Send down the LCR at once. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 309. ......Reported in: 62 DLR (HCD) (2010) 309. ......preme Court High Court Division (Criminal Appellate Jurisdiction) Present: Siddiqur Rahman Miah J Md. Abdul Hafiz J Khalil @ Khalilur Rahman and others..................Appellant Vs. State.................Respondent Judgment July 20, 2008. Result: Criminal Appeal ..

Category: Criminal Law | Date: | Hits: 116

Human Rights and Peace for Bangladesh (HRPB) and others Vs. Government of Bangladesh and others, 2009, 38 CLC (HCD)

.... (Special Original Jurisdiction) Present: Syed Mahmud Hossain J Quamrul Islam Siddiqui J Human Rights and Peace for Bangladesh (HRPB) and others..................Petitioners Vs. Government of Bangladesh and others.........................................Respondents Judgment......d in: 63 DLR (HD) (2011) 71. ......s also Reported in: 63 DLR (HD) (2011) 71. ......ision (Special Original Jurisdiction) Present: Syed Mahmud Hossain J Quamrul Islam Siddiqui J Human Rights and Peace for Bangladesh (HRPB) and others..................Petitioners Vs. Government of Bangladesh and others.........................................Respondents ..

Category: Constitutional Law | Date: | Hits: 211

Bangladesh Freedom Fighters' Welfare Trust and others Vs. Joint District Judge and Artha Rin Adalat & another, 2004, 33 CLC (HCD)

....de without lawful authority and is of no legal effect. 2. The facts as stated in the writ petition are that, the petitioner No. 1 Bangladesh Freedom Fighters' Welfare Trust, was established by the Government of the People's Republic of Bangladesh and the petitioner Nos. 2‑5 are the officers of ......s to cost. Ed. This Case is also Reported in: 56 DLR (2004) 641. ......rted in: 56 DLR (2004) 641. ...... Court High Court Division (Special Original Jurisdiction) Present: Md. Awlad Ali J Mir Hashmat Ali J Bangladesh Freedom Fighters' Welfare Trust and others...........Petitioners Vs. Joint District Judge and Artha Rin Adalat & another...............Respondents Judgment..

Category: Property Law | Date: | Hits: 173

Hanif Shaikh (Md) Vs. Government of Bangla­desh and others, 2004, 33 CLC (HCD)

....me Court High Court Division (Special Original Jurisdiction) Present: SAN Mominur Rahman J Zubayer Rahman Chowdhury J Hanif Shaikh (Md) ........................Petitioner Vs. Government of Bangla­desh and others ..................Respondents Judgment May 26, 2004. ......Printing Presses and Publications (Declaration and Registration) Act, 1973, and that because its news items as published during the general election of 2001 appeared to be against the ideology of the Bangladesh Nationalist Party, the local leaders of the Bangladesh Nationalist Party, which became th......sion (Special Original Jurisdiction) Present: SAN Mominur Rahman J Zubayer Rahman Chowdhury J Hanif Shaikh (Md) ........................Petitioner Vs. Government of Bangla­desh and others ..................Respondents Judgment May 26, 2004. Result: The Rule is mad...... ..

Category: Information Technology Law | Date: | Hits: 282

AKM Abdullah Harun Vs. Additional District Judge and others, 2001, 30 CLC (HCD)

....t Judge. Section 8 of the Civil Court Act (Act XII of 1887) provides that "(1) when the business pending before any District Judge requires the aid of Additional Judges for its speedy dispos­al, the Government may, having consulted the High Court Division, appoint such Additional Judges as may be r...... Nurul Amin, Advocate ‑ For Respondent No. 6. Writ Petition No. 1098 of 2001. Judgment Kazi AT Manowaruddin J. - This Rule under Article 102 of the Constitution of the People's Republic of Bangladesh was issued calling upon the respondent Nos. 1‑7 to show cause as to why the impugned or......Court Division (Special Original Jurisdiction) Present: Kazi AT Manowaruddin J Md. Muzammel Hossain J AKM Abdullah Harun.................Petitioner Vs. Additional District Judge and others.............Respondents Judgment June 21, 2001. Result: The Rule is discharge......04) 654. ..

Category: Trust/Waqf Law | Date: | Hits: 153

Zahidul Hasan (Md) and others Vs. State, 2004, 33 CLC (HCD)

....habitants of District Sylhet residing at London used to send money by illegal way without sending the foreign currency through bank and, as such, hindrance is created to earn foreign currency for the Government. The car driver stated that in lieu of Taka 250 as rent he went to Upashahar in the house......yed in front of Ram Krishna Mission. At about 14.30 hours when the private car appeared in their front, they stopped the car and in presence of the witnesses named in the FIR the car was searched and Bangladeshi Taka 31,30,000 was recovered under the back bonnet of the car covered by a bag and an ai......s also Reported in: 56 DLR (2004) 630. ...... Supreme Court High Court Division (Criminal Miscellaneous Jurisdiction) Present: SM Dastagir Hossain J AKM Fazlur Rahman J Zahidul Hasan (Md) and others .............Petitioners Vs. State .............................................. Opposite Party Judgment June 23,..

Category: Criminal Law | Date: | Hits: 70

Chairman, Uttara Manage­ment Ltd. and others Vs. Chairman, Labour Court, Rajshahi and another, 2004, 33 CLC (HCD)

....ing, inter alia, that he joined Aziz Match Factory in 1963 as a Box Filler and was made permanent in the said post in 1965. After liberation of Bangladesh the said establishment was taken over by the Government of Bangladesh as an abandoned industry. The petitioner was promoted to the post of Checke......Orders) Act, 1965 in the Labour Court at Rajshahi asserting, inter alia, that he joined Aziz Match Factory in 1963 as a Box Filler and was made permanent in the said post in 1965. After liberation of Bangladesh the said establishment was taken over by the Government of Bangladesh as an abandoned ind......lso Reported in: 56 DLR (2004) 627. ......upreme Court High Court Division (Special Original Jurisdiction) Present: Md. Awlad Ali J Mir Hashmat Ali J Chairman, Uttara Manage­ment Ltd. and others.............Petitioners Vs. Chairman, Labour Court, Rajshahi and another...................Respondents Judgment Aug..

Category: Labour and Industrial Law | Date: | Hits: 188

Wazir Jahan Begum and another Vs. Government of Bangla­desh and others, 2003, 32 CLC (HCD)

.... High Court Division (Special Original Jurisdiction) Present: Md. Abdul Matin J Syed Muhammad Dastagir Husain J Wazir Jahan Begum and another…………………Petitioner Vs. Government of Bangla­desh and others ............Respondents Judgment October 27, 2003. Re......er…………………Petitioner Vs. Government of Bangla­desh and others ............Respondents Judgment October 27, 2003. Result: Rule is made absolute. Case Referred to- Bangladesh House Building Finance Corporation Vs. Jahan Ara Akhtar & others, 49 DLR (AD) 80. ...... also Reported in: 56 DLR (2004) 621.......Court High Court Division (Special Original Jurisdiction) Present: Md. Abdul Matin J Syed Muhammad Dastagir Husain J Wazir Jahan Begum and another…………………Petitioner Vs. Government of Bangla­desh and others ............Respondents Judgment October 27, 2003..

Category: Civil Law | Date: | Hits: 81

Asmatunnessa Khatun Vs. Bangladesh, 2004, 33 CLC (HCD)

....vables of the Deputy Commissioner at Dhaka as described in the schedule to the application within a week of receipt of this order positively. Ed. This Case is also Reported in: 56 DLR (2004) 612.......R (2004) 612.......nessa Khatun..........Petitioner Vs. Bangladesh ..........Opposite Party Judgment July 14, 2004. Result: The Rule is made absolute. Case Referred to- Munshi Kali Sankar Sahay and others Vs. Moharajah Protap Udai Nath Saha, (1912) 16 IC 708. Lawyers Involved: Masihuzzam......n: 56 DLR (2004) 612...

Category: Procedural Law | Date: | Hits: 54

BIVAC International SA and another Vs. National Board of Revenue and others, 2010, 39 CLC (HCD)

....said advertisement the petitioner submitted its Expression of Interest for Appointment of PSI Agency to the Member (Customs) National Board of Revenue. Thereafter the petitioners were informed by the Government of Bangladesh by its letter dated 19-6-2008 that it has been short-listed for sending req......respondents have been deducting VAT from the petitioners' invoice at the rate of 15% which is in excess of statutory maximum and in violation of section 3 of the VAT Act 1991. 6. The government of Bangladesh, on 21-5-2008 published an advertisement in the Daily Star inviting "request for Expressi......also Reported in: 62 DLR (HCD) (2010) 284. ....... ..

Category: Fiscal/Taxation Law | Date: | Hits: 152

Abdul Motaleb Howlader alias Chan Miah Vs. Judge, Artha Rin Adalat No.1, Pirojpur and others, 2011, 40 CLC (HCD)

.... discharged, however, without any order as to costs. Communicate the judgment to the concerned executing Court at once. Nazmun Ara Sultana J. - I agree. Ed. This Case is also Reported in: ......mitting a second execution case namely Artha Rin Decree Execution Case No.2 of 2004 arising out of Artha Rin Suit No.3 of 1998. 2. The facts leading to this writ petition are that respondent No.3, Bangladesh Krishi Bank, Pirojpur branch as plaintiff instituted Artha Rin Suit No. 3 of 1998 against......risdiction) Present: Nazmun Ara Sultana J Md. Ruhul Quddus J Abdul Motaleb Howlader alias Chan Miah………….................Petitioner Vs. Judge, Artha Rin Adalat No.1, Pirojpur and others…………..... Respondents Judgment January 25, 2011. Result: The Rule is ...... High Court Division (Special Original Jurisdiction) Present: Nazmun Ara Sultana J Md. Ruhul Quddus J Abdul Motaleb Howlader alias Chan Miah………….................Petitioner Vs. Judge, Artha Rin Adalat No.1, Pirojpur and others…………..... Respondents Judgment ..

Category: Civil Law | Date: | Hits: 107

Abdus Salam Laskar Vs. Bangladesh and others, 2012, 41 CLC (HCD)

....t the suit land in his share by an amicable settlement between the said heirs of late Taiyb Laskar. During S. A. and R. S. operation, the suit land was wrongly recorded as a khash land in the name of Government. The Government-officials took initiative to lease out the suit land and for that purpose......lso Reported in: ......d in: ......se is also Reported in: ..

Category: Property Law | Date: | Hits: 78