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Khapan Bittahin Co-operative Society Ltd. Vs. Nagendra Mahisya Das, Secretary, Nijkurua Matsyajibi Samabaya Samity Ltd. and others, 1991, 20 CLC (HCD)

.... dated 30.6.90 by the Upazila Fishery Officer, Balaganj, on receipt of writ (Annexures‑B and C respectively). The review petitioner undertook development as per approved scheme dated 17.6.90 of the Government and invested large sums of money. A copy of the scheme is annexed as Annexure‑'D'. 3......Petition No.2551 of 1990 is set aside and consequently the Rule in the said Writ Petition is discharged. There is no order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 502...

Category: Civil Law | Date: | Hits: 87

Yunus Mia (Md.) and others Vs. Secretary, Ministry of Public Works & Urban Development, Government of Bangladesh and others, 1991, 20 CLC (HCD)

....nt: AM Mahmudur Rahman J Mahmudul Amin Choudhury J Yunus Mia (Md.) and others..........................Petitioners Vs. The Secretary, Ministry of Public Works & Urban Development, Government of Bangladesh and others.........................Respondents Judgment April 28, 199......ion under Article 102 of the Constitution. In view of our aforesaid discussion, we discharge the Rule without any order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 498...

Category: Property Law | Date: | Hits: 79

Ms. Ok-Kyung Oh, Dhaka Vs. Tea Hung Packaging (Bd) Ltd. and Others, 2011, 40 CLC (AD)

....Courts seeking coercive order to secure production of required documents; the Registrar can direct a Company to correct the documents supplied and may also report the circumstances of the case to the Government and the Government may, in turn, initiate criminal proceedings in appropriate circumstanc......d judgment and order. In the result, the appeal is dismissed. There is no order as to cost. Ed. This Case is also Reported in: 17 BLC (AD)(2012) 1, 32 BLD (AD) (2012) 16; 9 ADC (2012) 472. ..

Category: Company Law | Date: | Hits: 235

Principal, Fulbaria College, Mymensingh Vs. Md. Helaluddin and Others, 2010, 39 CLC (AD)

....05 on behalf of the appellant that the teachers and employees of Fulbaria College including the writ petitioner gave an under taking on 15th September, 2001 to the effect that they would withdraw the Government's portion of the salary and benefits on the basis of their entitlement in the manner the ......he petitioner and his entitlement of higher scale. Since the writ petitioner had enjoyed higher scale and promotion by practicing fraud, he cannot claim any right of higher post and salary. 12. "Nobody shall profit from his own wrongdoing", the principle, described by Coke as 'maxim of law' is qu..

Category: Employment/Service Law | Date: | Hits: 204

Professor Golam Azam Vs. Government of Bangladesh and others, 1992, 21 CLC (HCD)

.... High Court Division (Special Original Jurisdiction) Present: Mohammad Ismail Uddin Sarker J Badrul Islam Chowdhury J Professor Golam Azam…………………..Petitioner Vs. Government of Bangladesh and others.................Respondents Judgment August 12, 1992. R...... subsequent notification dated 23.12.58 ordered the continuation of the old Regional Transport authority and as such it was held that when the executive Government acts as a delegate of a legislative body it had no plenary power to provide for retrospective operation unless and until that power is e..

Category: Immigration and Citizenship Law | Date: | Hits: 343

Hansa International and another Vs. Eastern Pharma Ltd., 1993, 22 CLC (HCD)

....sets of its own to the costs and expenses for its dissolution. The Official Liquidator, in such a situation, in my opinion, is left with no other alternative but to seek fund for dissolution from the Government. The Official liquidator as I understand and Mr. Ahmed Nurur Reza also informs me that th......th the direction that the Official Liquidator is to seek fund from the Government for the purpose of dissolution of Eastern Pharma Ltd. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 482...

Category: Company Law | Date: | Hits: 205

Bangladesh Vs. Bangladesh Italian Marble Works Ltd. and others, 2011, 40 CLC (AD)

.... 6 to handover possession of Moon Cinema Hall within 3(three) months free from all encumbrances and/or to resolve the dispute amicably within the said period. Ed. This Case is also Reported in: ...... (4), (5), (6) and (7) to Article 96 and also clause (1) of Article 102 to the Constitution are hereby provisionally condoned until 31st December, 2012 in order to avoid disastrous consequence to the body politic for enabling the Parliament to make necessary amendment to the constitution and also fo..

Category: Constitutional Law | Date: | Hits: 222

Maulana Motiur Rahman Nizami Vs. State, 2010, 39 CLC (HCD)

.... of 2010 pending before the International Crimes Tribunal, Dhaka. 2. It has been stated in the petition that the petitioner is the Ameer of Jamaat-e-Islami, Bangladesh. He is an ex-Minister of the Government of the People's Republic of Bangladesh. However, on 26-7-2010, upon an application by the......re led to hold that the instant petition under section 561A of the Code of Criminal Procedure is incompetent and as such it is rejected in limine. This Case is also Reported in: 16 BLC (2011) 808. ..

Category: Criminal Law | Date: | Hits: 103

Hassan MS Azim and three others Vs. Bangladesh, 2010, 39 CLC (HCD)

....d others, PLD 1996 Supreme Court 324;Bangladesh, represented by the Secretary, Ministry of Justice and Parliamentary Affairs Vs. Md. Idrisur Rahman, Advocate, 29 BID (AD) 79; SN Goswami, Advocate Vs. Government of the People's Republic of Bangladesh, 55 DLR 332. Lawyers Involved: Hassan MS Az......he merit of any person, who may otherwise qualify to be appointed as a Judge as the Chief Justice of the country within the requirement of Article 95 (2) of the constitution. There is no authority or body of persons who may be identified as being in a position to comment on the merit of any candidat..

Category: Constitutional Law | Date: | Hits: 228

Habibullah (Md.) and others Vs. Bangladesh and others, 2007, 36 CLC (HCD)

....adesh and others……………………………………...Respondents Judgment January 28, 2007. Cases Referred To- Sankar Gopal Vs. Additional Commissioner 41 DLR 326; Md. Ismail Vs. Government of Bangladesh 34 DLR (1982) 4. Lawyers Involved: Md. Nazrul Islam with AHM Kamruzza......-operative Society Limited (Annexure-'D'). The Petitioners submit that this was done illegally and without any lawful authority. In this regard it is stated in particular that the concerned requiring body did not enter into an agreement with the Government in such prescribed form as is otherwise req..

Category: Property Law | Date: | Hits: 104

Government of Bangladesh Vs. M Anwar Hossain and others, 2011, 40 CLC (AD)

....ion (Civil) Present: Md. Muzammel Hossain CJ Surendra Kumar Sinha J MA Wahhab Miah J Nazmun Ara Sultana J Md. lmmanAli J Md. Mamtaz Uddin Ahmed J Md. Shamsul Huda J Government of Bangladesh, represented by the Secretary, Ministry of Land, Dhaka and others................judgment of the High Court Division is set aside. These petitions are disposed of with the above observations. Ed. This Case is also Reported in: 16 BLC (AD) (2011) 155, VIII ADC (2011) 901. ..

Category: Property Law | Date: | Hits: 68

Sanwar Hossain Vs. State, 1993, 22 CLC (HCD)

.... Let a copy of this judgment be forwarded to the Additional Sessions Judge, Narayanganj, for necessary action in accordance with law. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 489.......n the Mela and would come later on. Since Khasru did not return even on the following morning his parents and other relations searched for him. In the afternoon they came to know that a beheaded dead body was floating in Dayur Tank at Salperchar and they proceeded towards that tank. On the way they ..

Category: Criminal Law | Date: | Hits: 91

Renu Begum Vs. Khandokar Enamul Mowla and others, 2011, 40 CLC (HCD)

....uit is set aside and thus, the suit is hereby decreed. Let a copy of the judgment along with lower Court's record be sent down at once. Ed. This Case is also Reported in: 16 BLC (2011) 791. ......g with the sole finding of the trial Court holding that (1) defendant No.3, Fazle Elahi executed the baina patra on behalf of his minor daughters (defendant Nos.1 and 2) but he did not mention in the body of the baina patra that he executed the baina patra for and on behalf of his minor daughters, (..

Category: Property Law | Date: | Hits: 74

State Vs. Jabbar, 2010, 39 CLC (AD)

....htly found the accused respondent not guilty of the charge. We find no merit in this petition. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 441. ......earned that his younger brother did not return home and then he searched about his brother's whereabouts. On the follow­ing day on 8th October, 1998 he learned that the Savar police recovered a dead body near Ashuliya bridge and that the dead body was sent to the morgue. On receipt of the said info..

Category: Criminal Law | Date: | Hits: 53

Md. Rafiqul Islam Faruque Vs. Government of Bangladesh, repre­sented by the Secretary, Ministry of Law, Justice and Parliamentary Affairs, and others, 2009, 38 CLC (AD)

....(Civil) Present: MM Ruhul Amin CJ Mohammad Fazlul Karim J Md. Abdul Matin J ABM Khairul Haque J Md. Rafiqul Islam Faruque ………………………............Petitioner Vs. Government of Bangladesh, repre­sented by the Secretary, Ministry of Law, Justice and Parliamentary......r Rahman, the learned Advocate-on-Record, failed to dislodge this finding of the High Court Division. Accordingly, this petition is dismissed. This Case is also Reported in: VIII ADC (2011) 439. ..

Category: Procedural Law | Date: | Hits: 76

Government of Bangladesh and others Vs. Ansarul Huq, 2011, 40 CLC (AD)

....d. This Case is also Reported in: VIII ADC (2011) 434. ......ith such order of refusing to condone the delay. No point of law is involved in this matter. This petition is accordingly, dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 434. ..

Category: Administrative Law | Date: | Hits: 206

Bangladesh Vs. Md. Ataur Rahman and others, 2011, 40 CLC (AD)

.... judgment and order dated 4.2.2010 passed by the High Court Division in Writ Petition No.11685 of 2006.) Order Surendra Kumar Sinha J. - This petition for leave to appeal at the instance of the Government of Bangladesh is directed from a judgment of the High Court Division in Writ Petition No.......il, 2011 and thereafter the respondent shall file the same within 17th April, 2011. The appeal is fixed for hearing on 26th April, 2011. Ed. This Case is also Reported in: VIII ADC (2011) 415. ..

Category: Constitutional Law | Date: | Hits: 441

Md. Nurul Hussain Vs. Bangladesh Muktijoddhya Kallayan Trust, represented by its Chairman, 88, Motijheel Commercial Area, P.S. Motijheel, Dhaka and others, 2011, 40 CLC (AD)

....tional Custodian Enemy Property (Judge) by a Gazette Notification published on Friday, the 12th May, 1967 from Karachi. After the independence, the property automati­cally stood vested in Bangladesh Government. 4. Subsequently as per letter of the Bangladesh Government dated 10.7.1973, in total ......perties vest­ed for management in the Government of Bangladesh. After that, the Government of Bangladesh sold the same to Bangladesh Freedom Fighters' Welfare Trust and as such, the plaintiff or any body did not have title over the suit property. An addi­tional written statement was filed by defen..

Category: Property Law | Date: | Hits: 82

Mohammad Hossain and others Vs. Additional Deputy Commissioner (Revenue) and Assistant Custodian, Vested and non-resident properties, Noakhali and others, 2011, 40 CLC (HCD)

....of the plaint. It is their Case that the Hindu original owners of the suit property left this country on the eve of Pak-Bharat war of 1965, as such, schedule property has been recorded in the name of Government as enemy property in V.P. Case No. 2/81-82 and by paying lease money lessees of the Gover...... parliamentary affairs, Government of Bangladesh. Send down the lower Court record. Communicate this order at once. Ed. Md. Nuruzzaman J.-I agree. This Case is also Reported in: ..

Category: Property Law | Date: | Hits: 66

State Vs. Kazol, 2011, 40 CLC (HCD)

.... the Druto Bichar Tribunal-2, Dhaka immediately. Send down the Lower Court Records. Communicate this Order at once. Md. Habibul Gani J. - I agree. Ed. This Case is also Reported in: ......omes questionable upon consideration of the deposition of the P.W.15 S.I. Borhan Uddin as Investigation Officer (“I.O.”) who prepared the Seizure List, Sketch Map and Surathal Report and sent the body for autopsy. He also applied for the statements of the arrested accused persons being Manik, Sh..

Category: Criminal Law | Date: | Hits: 106