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Captain Md. Mobarak Hossain, Master, ATM Dolores Vs. MT Dolores and others, 1994, 23 CLC (HCD)

....e plaintiffs aforesaid claim. In the circumstances, the application for attachment/arrest of the defendant No. 1 vessel is rejected. Ed. This case is also Reported in: 47 DLR (HD) (1995) 80. ...... 1994. Judgment Mainur Reza Chowdhury J.-This is an application by the plaintiff for arrest of defendant No.1 vessel MT Dolores as security for payment of his claim US $ 24,190.00 equivalent to Bangladeshi Taka 9,67,600.00. 2. The plaintiff submits that defendant No.1 vessel has no assets i...... High Court Division (Admiralty Jurisdiction) Present: Mainur Reza Chowdhury J Captain Md. Mobarak Hossain, Master, ATM Dolores..................Plaintiff Petitioner Vs. MT Dolores and others…………………………………………………….Defendants Opposite Parties ....... ..

Category: Civil Law | Date: | Hits: 99

Santosh Kumar Paul Vs. Nuruddin Ansari, 1993, 22 CLC (HCD)

....ate Court is set aside and that of the trial Court is upheld in part with the above term. Let the records be sent down expeditiously. Ed. This Case is also Reported in: 47 DLR (HCD) (1995) 70.......uddin Ansari.... ..................................Respondents Judgment November 25, 1993. Result: The Appeal is allowed in part. Cases Referred to- Abdul Mannaf Khan and others Vs. Bangladesh and another, 38 DLR (AD) 201; Durga Chowdrain v. Jawahir Singh, 17 Indian Appeal 122 (PC)......t Vs. Nuruddin Ansari.... ..................................Respondents Judgment November 25, 1993. Result: The Appeal is allowed in part. Cases Referred to- Abdul Mannaf Khan and others Vs. Bangladesh and another, 38 DLR (AD) 201; Durga Chowdrain v. Jawahir Singh, 17 Indian ......: 47 DLR (HCD) (1995) 70...

Category: Procedural Law | Date: | Hits: 129

Lt. Cdr (Retd) AHM Mahmud Vs. Masud Ahmed, 2010, 39 CLC (HCD)

....to continue in his job. He points out that he intimated the legal position to the contemnors in his letter dated 06-9-2009, enclosing a copy of a judgment of the Appellate Division in the case of the Government of Bangladesh represented by the Secretary, Ministry of Establishment Vs. Shamsuddin Ahme......……………………………………….Contemnor-Respondents Judgment August 10, 2010. Result: The Rule is made absolute in part. Cases Referred to- Mirza Shamsuddin Beg Vs. Bangladesh, 41 DLR 356; Rangpur Palli Bidyut Samity-1 Vs. Md. Ali Reza, V ADC (2008) 600 = 12 BLC (A......রাষ্ট/৬১৩ dated 09-3-1991 passed by the then Secretary of the Muktijudda Kalyan Trust accepting the petitioner's resignation more than one year after it was submit­ted. By judgment and order dated 07-2-2005 the Rule in the aforementioned writ petition was made absolute declaring t......49. ..

Category: Employment/Service Law | Date: | Hits: 156

Obaidullah Khondaker (Sohel) Vs. Government of Bangladesh and others, 2010, 39 CLC (HCD)

.... High Court Division (Special Original Jurisdiction) Present: Moyeenul Islam Chowdhury J AKM Abdul Hakim J Obaidullah Khondaker (Sohel)............................Petitioner Vs. Government of Bangladesh and others…………………………Respondents Judgment Februar......vision (Special Original Jurisdiction) Present: Moyeenul Islam Chowdhury J AKM Abdul Hakim J Obaidullah Khondaker (Sohel)............................Petitioner Vs. Government of Bangladesh and others…………………………Respondents Judgment February 22, 2010. ......Special Original Jurisdiction) Present: Moyeenul Islam Chowdhury J AKM Abdul Hakim J Obaidullah Khondaker (Sohel)............................Petitioner Vs. Government of Bangladesh and others…………………………Respondents Judgment February 22, 2010. Result: ......ourt High Court Division (Special Original Jurisdiction) Present: Moyeenul Islam Chowdhury J AKM Abdul Hakim J Obaidullah Khondaker (Sohel)............................Petitioner Vs. Government of Bangladesh and others…………………………Respondents Judgment ..

Category: Property Law | Date: | Hits: 66

Abul Hasnat Md. Belal Vs. Md. Alauddin and others, 2008, 37 CLC (HCD)

....ul Krishnaw. Subsequently they transferred their lands to their wives Lalita Bala, Purna Rama and Raj Bala who in turn settled the suit land with Kamarjahan Begum who subsequently become tenant under Government after SA operation and her name was accordingly recorded in the PS Khatian Nos. 291 and ......tands vacated. Office is directed to communicate the order at once with a copy of the judgment for information and necessary action. Ed. This Case is also Reported in: 63 DLR (HD) (2011) 141.......41.......63 DLR (HD) (2011) 141...

Category: Procedural Law | Date: | Hits: 90

Ataur Rahman (Md.) Vs. Bangladesh and others, 2010, 39 CLC (HCD)

....80); SP Gupta Vs. President of India, AIR 1982 SC 149; Benazir Bhutto Vs. Federation of Pakistan, PLD 1988 SC 416; Bangladesh Sangbadpatra Parishad Vs. Bangladesh, 43 DLR (AD) 126; Bangladesh Retired Government Employees' Welfare Association Vs. Bangladesh, 46 DLR 426: Kazi Mukhlesur Rahman Vs. Bang......ision  (Special Original Jurisdiction)  Present: Syed Refaat Ahmed J  Moyeenul Islam Chowdhury J  Ataur Rahman (Md.)...............Petitioner  Vs.  Bangladesh and others…………………Respondents  Judgment  February 4, 2010.&n...... (Special Original Jurisdiction)  Present: Syed Refaat Ahmed J  Moyeenul Islam Chowdhury J  Ataur Rahman (Md.)...............Petitioner  Vs.  Bangladesh and others…………………Respondents  Judgment  February 4, 2010.  Res......igh Court Division  (Special Original Jurisdiction)  Present: Syed Refaat Ahmed J  Moyeenul Islam Chowdhury J  Ataur Rahman (Md.)...............Petitioner  Vs.  Bangladesh and others…………………Respondents  Judgment  Februa..

Category: Constitutional Law | Date: | Hits: 270

Bazlur Rahman (Md.) Vs. Government of the People's Republic of Bangladesh, 2009, 38 CLC (HCD)

....vision  (Special Original Jurisdiction)  Present:  ABM Khairul Haque J  Md. Mamtazuddin Ahmed J  Bazlur Rahman (Md.)..........Petitioners  Vs.  Government of the People's Republic of Bangladesh..........Respondents  Judgment  Ju......diction)  Present:  ABM Khairul Haque J  Md. Mamtazuddin Ahmed J  Bazlur Rahman (Md.)..........Petitioners  Vs.  Government of the People's Republic of Bangladesh..........Respondents  Judgment  July 15, 2009.  Result:  ......desh..........Respondents  Judgment  July 15, 2009.  Result:  The Rule is made absolute.  Privilege once given cannot be taken away without due process of law and if there is any plan to stop the privilege, the beneficiaries must be served with notice or give......High Court Division  (Special Original Jurisdiction)  Present:  ABM Khairul Haque J  Md. Mamtazuddin Ahmed J  Bazlur Rahman (Md.)..........Petitioners  Vs.  Government of the People's Republic of Bangladesh..........Respondents  Judgmen..

Category: Others | Date: | Hits: 149

Abul Basher Chowdhury Vs. Habibur Rahman Mia and others, 1978, 7 CLC (AD)

.... in not shifting the date of hearing of the case to enable him to get a lawyer from Comilla Bar and erred in not granting time to enable the appellant to file a petition under section 28 of the Local Government Ordinance, 1976 for transfer of the election petition to another Tribunal and erred in re......on the basis of which the result of the election has been declared was properly made. The appeal is dismissed with no order as to costs. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 297....... order as to costs. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 297.......ppellate Division (Civil) Present: Mahmud Hussain CJ Kemaluddin Hossain J Debesh Chandra Bhattacharya J Fazle Munim J Abul Basher Chowdhury………………………Appellant Vs. Habibur Rahman Mia and others…………………………Respondent Judgment August 2..

Category: Election Law | Date: | Hits: 159

American Life Insurance Company Vs. Dacca Poura Shaba and others, 1978, 7 CLC (AD)

....ura Shaba and others……………………Respondent Judgment May 23, 1978. Result: The appeal is allowed. Cases Referred to- Mian Jamal Shah Vs. the Member, Election Commission, Government of Pakistan, Lahore, 1966 18 DLR (SC) 1; PLD 1966 (SC) 1; Not Bell Lipuors Ltd.; Baldwin ......s to costs. Order of the Court. In accordance with the view of the ma­jority, we allow this appeal without any order as to costs. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 276....... Court Appellate Division (Civil) Present: Fazle Munim J Ruhul Islam J KM Subhan J American Life Insurance Company……………………Appellant Vs. Dacca Poura Shaba and others……………………Respondent Judgment May 23, 1978. Result: The appeal ...... (AD) (1979) 276...

Category: Fiscal/Taxation Law | Date: | Hits: 156

Bangladesh Steamer Agent's Association Vs. Bangladesh & others, 1979, 8 CLC (AD)

....einafter called the Ordinance as a non-profit making concern having the main object of doing the business of weighment/measurement of various articles of import and export by private individuals. The Government granted the licence required under section 3 of the Ordinance on due approval of the Memo...... Case is also Reported in: 31 DLR (AD) (1979) 272.......dgment May 31, 1979. Result: The appeal is allowed. Cases Referred to- Abul Alla Moududi Vs. Govt. of East Pakistan, (1965) 17 DLR (SC) 209; PLD 1964 SC 673; Abdur Rahman Vs. Collector and Deputy commissioner, (1964) 16 DLR (SC) 461; Eidge Vs. Baldwin and others, (1963) 2 All R.R. 66....... Division (Civil) Present: Kemaluddin Hossain CJ Fajle Munim J KM Subhan J Badrul Haider Chowdhury J Bangladesh Steamer Agent's Association………………………Appellant Vs. Bangladesh & others………………………Respondents Judgment May 31, 1979. ..

Category: Business or Commercial Law | Date: | Hits: 208

Md. Nurul Alam alias Dr. Hazrat Shah Sufi Mohammad Nurul Alam Vs. Saleha Khatton and others, 2011, 40 CLC (AD)

....to Lalbagh Police Station Case No.48(10) dated 30.10.1999 shall be set aside." Preparation of paper book is dis­pensed with as prayed for. Ed. This Case is also Reported in: 9 ADC (2012) 265.......e of the complex and misappropriated Tk.70/80 lacs. That the accused were involved in manufacturing forged certificates and deeds and were trying to grab the waqf property. One inspector of C.I.D. of Bangladesh inquired into allegations made in that F.I.R. and finding prima facie case submitted char...... Muhammad Imman Ali J Muhammad Mamtaz Uddin Ahmed J Md. Shamsul Huda J Md. Nurul Alam alias Dr. Hazrat Shah Sufi Mohammad Nurul Alam.....................Petitioner Vs. Saleha Khatton and others......................................................Respondents Order November 21......d Mahmud Hossain J Muhammad Imman Ali J Muhammad Mamtaz Uddin Ahmed J Md. Shamsul Huda J Md. Nurul Alam alias Dr. Hazrat Shah Sufi Mohammad Nurul Alam.....................Petitioner Vs. Saleha Khatton and others......................................................Respondents ..

Category: Procedural Law | Date: | Hits: 163

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………………………………......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