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Golam Mowla Vs. Abdul Hashem, 2009, 38 CLC (HCD)

....judgment and decree of trial Court are restored and thereby, the suit is dismissed. Send down the lower Courts records immediately. Ed. This Case is also Reported in: 15 BLC (HCD) (2010) 85. ......judgment and decree of trial Court are restored and thereby, the suit is dismissed. Send down the lower Courts records immediately. Ed. This Case is also Reported in: 15 BLC (HCD) (2010) 85. ...... of 2003. Judgment Md. Momtazuddin Ahmed J. - The Rule has been issued at the instant of the heirs of Golam Mowla defendant of the suit on the following terms: "Let the records be called for and a Rule be issued calling upon the opposite party No.1 to show cause as to why the judgment and d......se is also Reported in: 15 BLC (HCD) (2010) 85. ..

Category: Property Law | Date: | Hits: 88

Mosharraf Hossaian and another Vs. State, 1977, 6 CLC (AD)

....viii) of the Act the term 'prejudicial act' means any act which is intended or likely to prejudice the economic or financial interests of the State. It can­not possibly be denied that counterfeiting Government stamps will surely prejudice the economic or financial interests of the State. But it is ......The relevant part of section 36 of the Act reads as under: 36. Repeals and Savings.- (1) The Security Act, 1952, (XXXV of 1952) the Public Safety Ordinance 1958 (E.P. Old. LXXVIII of 1958) and the Bangladesh Scheduled Offences (Special Tribunal) Order, 1972 (P.O. 50 of 1972), are hereby repealed....... Case is also Reported in: 30 DLR (AD) (1978) 112.......ent: Syed ABM Husain CJ Ahsanuildin Chowddury J Kemaluddin Hossain J Debesh Chandra Bhattacharya J Fazle Munim J Mr. Mosharraf Hossaian and another……………...Appellants Vs. The State...........................................Respondents Judgment May 25, 1977. ..

Category: Criminal Law | Date: | Hits: 76

Government of Bangladesh and others Vs. G. M. M. Mizanuar Rahman Bhuiyan and others, 2011, 40 CLC (AD)

....ssain CJ Surendra Kumar Sinha J Md. Abdul Wahhab Miah J Nazmun Ara Sultana J Syed Mahmud Hossain J Muhammad Imman Ali J Muhammad Mamtaz Uddin Ahmed J Md. Shamsul Huda J Government of Bangladesh, repre­sented by Secretary, Ministry of Education, Bangladesh Secretariat,......urendra Kumar Sinha J Md. Abdul Wahhab Miah J Nazmun Ara Sultana J Syed Mahmud Hossain J Muhammad Imman Ali J Muhammad Mamtaz Uddin Ahmed J Md. Shamsul Huda J Government of Bangladesh, repre­sented by Secretary, Ministry of Education, Bangladesh Secretariat, Ramna, Dhaka ...... Muhammad Imman Ali J Muhammad Mamtaz Uddin Ahmed J Md. Shamsul Huda J Government of Bangladesh, repre­sented by Secretary, Ministry of Education, Bangladesh Secretariat, Ramna, Dhaka and others...........................Petitioners (In all the cases) Vs. G. M. M. Mizanuar Rahm......msul Huda J Government of Bangladesh, repre­sented by Secretary, Ministry of Education, Bangladesh Secretariat, Ramna, Dhaka and others...........................Petitioners (In all the cases) Vs. G. M. M. Mizanuar Rahman Bhuiyan and others.........Respondents (In Civil Petition No.1488 of..

Category: Employment/Service Law | Date: | Hits: 133

Md. Hanifuddin and another Vs. Abdul Mannan and others, 2012, 41 CLC (AD)

....versely since 1910 i.e. more than 60 years but the Single Judge of the High Court Division made the Rule absolute on the ground that the opposite parties (present petitioners) never paid rents to the Government where the case is for adverse possession making the Rule absolute on the ground of non pa......Court in accor­dance with Rules. The parties are directed to maintain status-quo in respect of the suit land till disposal of the appeals. Ed. This Case is also Reported in: 9 ADC (2012) 372.......ision (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 Md. Hanifuddin and another..................Petitioners (In Civil Petition No. 2512 of 2009) Hajee Abdul Majid......... Hanifuddin and another..................Petitioners (In Civil Petition No. 2512 of 2009) Hajee Abdul Majid................................Petitioner (In Civil Petition Nos. 2513-2514 of 2009) Vs. Abdul Mannan and others....................Respondents (In Civil Petition No. 2512 & 2514..

Category: Property Law | Date: | Hits: 68

Bangladesh Sugar and Food Industries Corporation and others Vs. Md. Shamsuddin Sheikh, 2011, 40 CLC (AD)

.... judgment and order dated 20.05.2010 passed by the High Court Division in Writ Petition No.6790 of 2005 be stayed till disposal of the appeal. Ed. This Case is also Reported in: 9 ADC (2012) 368.......l) Present: ABM Khairul Haque CJ Md. Muzammel Hossain J Surendra Kumar Sinha J Md. Abdul Wahhah Miah J Nazmun Ara Sultana J Syed Mahmud Hossain J Muhammad Imman Ali J Bangladesh Sugar and Food Industries Corporation and others....................Petitioners Vs. ...... ABM Khairul Haque CJ Md. Muzammel Hossain J Surendra Kumar Sinha J Md. Abdul Wahhah Miah J Nazmun Ara Sultana J Syed Mahmud Hossain J Muhammad Imman Ali J Bangladesh Sugar and Food Industries Corporation and others....................Petitioners Vs. Md. Shamsuddin S...... Md. Abdul Wahhah Miah J Nazmun Ara Sultana J Syed Mahmud Hossain J Muhammad Imman Ali J Bangladesh Sugar and Food Industries Corporation and others....................Petitioners Vs. Md. Shamsuddin Sheikh..........................................................................

Category: Employment/Service Law | Date: | Hits: 180

Bangladesh Bank and another Vs. Sukamal Sinha Choudhury and another, 2011, 40 CLC (AD)

....ted earlier be extended till disposal of the appeal. This interim order shall not effect in any way retirement benefit of the respon­dent. Ed. This Case is also Reported in: 9 ADC (2012) 218.......Division (Civil) Present: Md. Muzammel Hossain CJ Surendra Kumar Sinha J Md. Abdul Wahhab Miah J Nazmun Ara Sultana J Muhammad Imman Ali J Muhammad Mamtaz Uddin Ahmed J Bangladesh Bank represented by its Governor, Bangladesh Bank Bhaban (Head Office), Motijheel C/A, Dh......b Miah J Nazmun Ara Sultana J Muhammad Imman Ali J Muhammad Mamtaz Uddin Ahmed J Bangladesh Bank represented by its Governor, Bangladesh Bank Bhaban (Head Office), Motijheel C/A, Dhaka and another……………………………………....Petitioners Vs. Mr. Sukamal Sinha Cho......Mamtaz Uddin Ahmed J Bangladesh Bank represented by its Governor, Bangladesh Bank Bhaban (Head Office), Motijheel C/A, Dhaka and another……………………………………....Petitioners Vs. Mr. Sukamal Sinha Choudhury and another………………………..Respondents Order ..

Category: Employment/Service Law | Date: | Hits: 211

Nur Mohammad Bhuiyan and others Vs. Aysha Khatoon and others, 2011, 40 CLC (HCD)

....ny land covered by a usufructuary mortgage after the expiry of the period of such mortgage, the mortgagor may apply to the Sub-Divisional Magistrate or to any officer authorized in this behalf by the Government, for such redemption or restoration and, on such application and, in the case of redempti......oon and others ................................................................... Opposite Parties Judgment November 20, 2011. Result: The Rule is made absolute. Cases Referred to- Bangladesh Vs. Haji Abdul Gani Biswas and others, 32 DLR (AD) 233; Abu Bakar Vs. Nazir Ahmed, 34 DLR...... Ed. This Case is also Reported in: ......upreme Court High Court Division (Civil Revisional Jurisdiction) Present: Md. Ruhul Quddus J Nur Mohammad Bhuiyan being dead his heirs Rumana and others ................ Petitioners Vs. Aysha Khatoon and others ................................................................... ..

Category: Property Law | Date: | Hits: 87

Sree Binoy Krisna Saha and others Vs. Sree Reboti Mohon Saha and others, 2011, 40 CLC (HCD)

....ha purchased the same in benami of his wife Manjury Mohini Saha, which was confirmed on 22.9.1938. After so purchase, Ramoni Mohan Saha constructed two buildings on the suit land and rented it to the Government for setting up a Sub-Registry Office there. He also constructed a separate house on the s......rty to call for any document, recall or re-examine the witnesses and take additional evidence, if it is so required. Send down the lower Courts’ records. Ed. This Case is also Reported in: ...... lower Courts’ records. Ed. This Case is also Reported in: ......Supreme Court High Court Division (Civil Revisional Jurisdiction) Present: Md. Ruhul Quddus J Sree Binoy Krisna Saha and others...........................................Petitioners Vs. Sree Reboti Mohon Saha being dead his legal heirs Sree Rathindra Mohan Saha and others ...Opp..

Category: Property Law | Date: | Hits: 66

National Board of Revenue and others Vs. Mustafizur Rahman, 2003, 22 CLC (AD)

....that he is entitled to import duplex board in view of SRO dated 10.12.1984 but schedule 3 of the said SRO having not included duplex board, the High Court Division committed an error in directing the Government to accord permission to the writ petitioner allowing him to import duplex board and that ......atter before the concerned Ministry for necessary orders. Thereafter subsequent application of the respondent to the above effect went unheeded. 4. It has been stated that one company named Seafs Bangladesh Limited having its office at Khulna House, 105, Kakrail, Dhaka also engaged in similar bu......also Reported in: ......ellate Division (Civil) Present: Mainur Reza Chowdhury CJ Mohammad Fazlul Karim J KM Hasan J Md. Fazlul Haque J National Board of Revenue and others……………Appellants Vs. Mustafizur Rahman…………………………………………..Respondent Judgment ..

Category: Fiscal/Taxation Law | Date: | Hits: 140

Government of Bangladesh and others Vs. Md. Salim Reza, 2003, 22 CLC (AD)

....so Reported in: ......: ...... Present: Mainur Reza Chowdhury CJ Mohammad Fazlul Karim J Syed JR Mudassir Husain J Abu Sayeed Ahammed J Government of Bangladesh represented by the Secretary, Ministry of Health and Family Welfare and others…………Appellants Vs. Md. Salim Reza……………………......Fazlul Karim J Syed JR Mudassir Husain J Abu Sayeed Ahammed J Government of Bangladesh represented by the Secretary, Ministry of Health and Family Welfare and others…………Appellants Vs. Md. Salim Reza……………………..…………………………………………Respo..

Category: Employment/Service Law | Date: | Hits: 155

M/S. G. K. Brothers and another Vs. M/S. Imperial Chemical Industries Bangladesh Limited, 2011, 40 CLC (HCD)

....he suit land in favour of appellants through court. The office is directed to send down the lower Court’s record at once. Md. Rais Uddin J. - I agree. Ed. This Case is also Reported in: ......esent: Shahidul Islam J Rais Uddin J M/S. G. K. Brothers and another…………………………………………Principal-Defendant-Appellants Vs. M/S. Imperial Chemical Industries Bangladesh Limited………………Plaintiff-Respondent Judgment March 20, 2011. Result: ......n J. - I agree. Ed. This Case is also Reported in: ......n (Civil Appellate Jurisdiction) Present: Shahidul Islam J Rais Uddin J M/S. G. K. Brothers and another…………………………………………Principal-Defendant-Appellants Vs. M/S. Imperial Chemical Industries Bangladesh Limited………………Plaintiff-Respondent ..

Category: Property Law | Date: | Hits: 113

S. M. Basiruddin Vs. Zahurul Islam Chow­dhury and another, 1982, 11 CLC (AD)

....ng permanent lease for 99 years, reserving for herself annual rent of Tk. 1/-; and that Ayesha Khatun paid rent of Tk. 1/- to the lessor Rangubala till the rent receiving interest was acquired by the Government; and that S.A. Khatian was not correctly prepared because neither respondent No.1 nor his......urposes. Correct analysis of the different provisions of the Act keeping in view the whole scheme of acquisition by the State of the interests of rent-receivers and certain other interests in land in Bangladesh, does not warrant the following conclusion— "An under-raiyat in such a case is no ex......nt: FKMA Munim CJ Ruhul Islam J Badrul Haider Chowdhury J Shahabuddin Ahmed J Chowdhury ATM Masud J S. M. Basiruddin………………Appellant Vs. Zahurul Islam Chow­dhury and another…………………Respondents Judgment December 14, 1982. Result: The appe......late Division (Civil) Present: FKMA Munim CJ Ruhul Islam J Badrul Haider Chowdhury J Shahabuddin Ahmed J Chowdhury ATM Masud J S. M. Basiruddin………………Appellant Vs. Zahurul Islam Chow­dhury and another…………………Respondents Judgment December..

Category: Property Law | Date: | Hits: 85

Md. Shahar Ali and others Vs. Sree Sailesh Chandra Sen and others, 2012, 41 CLC (HCD)

..... Earlier they had instituted Other Class Suit No. 38 of 1988 in the Court of Subordinate Judge, Sherpur for declaration of title in the suit land and subsequently got a decree on contest against the Government. The defendants along with some hired goons threatened to dispossess them from the suit l...... the Rule is discharged. The ad interim order of status quo passed earlier at the time of issuance of the Rule is vacated. Communicate a copy of the judgment. Ed. This Case is also Reported in: ......mmunicate a copy of the judgment. Ed. This Case is also Reported in: ......so Reported in: ..

Category: Property Law | Date: | Hits: 84

Zillul Haq and others Vs. Maloti Bala Dey & others, 1998, 27 CLC (HCD)

....node Behari died in this country in 1962 as a citizen of the erstwhile Pakistan and since his death the plaintiff has been owning and possessing the suit property peacefully on payment of rent to the Government Acquired Estate. It was further contended that the aforesaid will executed by Binode Biha......hat she has title and possession in the suit property and, as such, the defendants have no right to disturb her lawful possession by exercising executive powers. 3. Defendant Nos.1-2 Government of Bangladesh and ADC (Revenue) respectively contested the suit by filing joint written statements deny......he LCR at once. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 367.......ed in: 50 DLR (HCD) (1998) 367...

Category: Property Law | Date: | Hits: 88

Halima Jaman and other Vs. Government of Bangladesh, 1998, 27 CLC (HCD)

....Supreme Court High Court Division (Civil Revisional Jurisdiction) Present: Md. Abdul Karim J Md. Ali Asgar Khan J Halima Jaman and other……………………Petitioner Vs. Government of Bangladesh………………………Respondent Judgment April 20, 1998. Res...... High Court Division (Civil Revisional Jurisdiction) Present: Md. Abdul Karim J Md. Ali Asgar Khan J Halima Jaman and other……………………Petitioner Vs. Government of Bangladesh………………………Respondent Judgment April 20, 1998. Result: The Ru......s Case is also Reported in: 50 DLR (HCD) (1998) 352. ...... 352. ..

Category: Property Law | Date: | Hits: 89

Shefali Rani and others Vs. Makhan Chandra Das and others, 1990, 19 CLC (HCD)

....to register documents in question. 12. Mr. Gani, draws the attention of the court to the said provision, but also reads from the Bangladesh Registration Manual, 1983 which is as follows: “The Government may amalgamate with any office of a Registrar any office of a Sub-registrar subordinate t......red by any Sub-registrar subordinate to him. (2) Notwithstanding anything contained in section 28 any Registrar may receive and register any document without regard to the situation in any part of Bangladesh of the property to which the document relates if he is satisfied that there is sufficient...... costs. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 341. ......0 DLR (HCD) (1998) 341. ..

Category: Procedural Law | Date: | Hits: 105

Maudud Vs. State, 1998, 27 CLC (HCD)

.... of (a) cannon, (b) articles designed for torpedo service (c) rockets, or (d) machinery for the manufacture of the arms or ammunition, (e) continuous fire arms may be granted in Form No.1 only by the Government. Rule 31 provides that a licence for the possession and use of military stores may be gra......mitting robbery and demanded key of the cash box. In view of the same we find no merit in the application for bail which is rejected. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 347. ......l Hoque J.- This is an application for bail of the convict Maudud sentenced to seven years RI on 29-4-97 having been convicted under section 19(f) of the Arms Act, 1878. 2. Perused the application and heard the learned Advocate who contended that then is no requirement of holding any licence for ...... in: 50 DLR (HCD) (1998) 347. ..

Category: Criminal Law | Date: | Hits: 87

Shaheen Mahmood Alam (Md.) Vs. Ziaur Rahman & others, 1997, 26 CLC (HCD)

....at a representation was made by the petitioner on the same ground without any result. The petitioner moved this petition and obtained Rule. 3. Mr. Sircar relying on section 7(2)(Chha) of the Local Government (Union Parishads) Ordinance, 1983 contends that the respondent No.1 having had defaulted ......on Parishad. No other ground taken in this petition was pressed by Mr. Sircar. In the result, the Rule is made absolute. No costs. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 346. ......ition No.7179 of 1997. Judgment AM Mahmudur Rahman J.- The petitioner impugnes the order of acceptance of nomination paper of the respondent No.1 seeking election as a Chairman of the local Kulkandi Union Parishad PS Islampur, District-Jamalpur. He submitted the nomination paper on 4-11-97. ...... 346. ..

Category: Election Law | Date: | Hits: 153

Mokthar Masum Abedin and others Vs. Nironjan Kumar Mondol and others, 1997, 26 CLC (HCD)

.... two thousand) only to the plaintiff-opposite- party. Stay granted by this Court at the time of issuance of the Rule stands vacated. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 341.......a Court acquires over property involved in a suit pending the continuance of the action, and until final judgment therein.” 17. Section 52, thus, enjoins that during the pendency in any Court in Bangladesh any suit or proceeding which is not collusive and in which any right to immovable propert......acated. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 341.......0 DLR (HCD) (1998) 341...

Category: Procedural Law | Date: | Hits: 74

Ziauddin Ahmed Vs. Bangladesh,1994, 23 CLC (HCD)

....nd Others………………………………………………….Respondents Judgment April 17, 1994. Result: The Rule is made absolute. Cases Referred to- Syed Mokbul Hossain Vs. Government of Bangladesh, 44 DLR 39; Begum Monsura Rahman Mohiuddin Vs. Government of Bangladesh and......risdiction) Present: Mohammad Ismailuddin Sarker J Hamidul Haque J Ziauddin Ahmed…………………………………………………………………………..Petitioner Vs. Bangladesh, represented by the Secretary, Ministry of Home Affairs, Bangladesh Sachibalaya, Dhaka an......……………………………………………………………………..Petitioner Vs. Bangladesh, represented by the Secretary, Ministry of Home Affairs, Bangladesh Sachibalaya, Dhaka and Others………………………………………………….Respondents Judgment April......inal Jurisdiction) Present: Mohammad Ismailuddin Sarker J Hamidul Haque J Ziauddin Ahmed…………………………………………………………………………..Petitioner Vs. Bangladesh, represented by the Secretary, Ministry of Home Affairs, Bangladesh Sachibalaya, D..

Category: Constitutional Law | Date: | Hits: 238