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Al Baraka Bank Bangladesh Ltd. Vs. Rina Alam and another, 2004, 33 CLC (HCD)

....ffirmed. The bank is directed to return the schedule document within seven days of receipt of this judgment. Send down the LCR at once. Ed. This Case is also Reported in: 56 DLR (2004) 588....... This Case is also Reported in: 56 DLR (2004) 588....... High Court Division (Civil Appellate Jurisdiction) Present: Md. Abdur Rashid J Siddiqur Rahman Miah J Al Baraka Bank Bangladesh Ltd ....................Appellant Vs. Rina Alam and another............Respondents Judgment April 12, 2004. Result: The appeal is dismis......8...

Category: Civil Law | Date: | Hits: 109

Abdul Mazid Khan and others Vs. Ali Howlader and others, 2003, 32 CLC (HCD)

....e learned Subordinate Judge, Bhola in Title Suit No. 104 of 1982 is set aside. Communicate the order at once to the learned Court below. Ed. This Case is also Reported in: 56 DLR (2004) 587. ......e learned Subordinate Judge, Bhola in Title Suit No. 104 of 1982 is set aside. Communicate the order at once to the learned Court below. Ed. This Case is also Reported in: 56 DLR (2004) 587. ...... This Case is also Reported in: 56 DLR (2004) 587. ...... 587. ..

Category: Civil Law | Date: | Hits: 89

Abdur Rashid Chowdhury Vs. Additional District Judge and others, 2003, 32 CLC (HCD)

....abib Jamil, 2001 BLD (AD) 63; 7 BLT (AD) 31; 46 DLR (AD) 191; Zahurul Islam Vs. National Bank Ltd; 2002 BLD 320, Bangladesh Jute Mills Corporation Vs. Maico Jute and Bag Corporation, 53 DLR (AD) 112; Government of Bangladesh Vs. Member, Administrative Tribunal, 8 MLR (AD) 148, Hasina Textile and Pri......Additional District Judge and others……………Respondents Judgment October 20, 2003. Result: The Rule is made absolute. Cases referred to- 42 DLR (AD) 86, Begum Lutfunnessa Vs. Bangladesh, 48 DLR (AD) 171; The Secretary, Internal Resource Division, Ministry of Finance and Plan......rt Division (Special Original Jurisdiction) Present: Md. Abdur Rashid J S Rahman Miah J Abdur Rashid Chowdhury...........................Petitioner Vs. Additional District Judge and others……………Respondents Judgment October 20, 2003. Result: The Rule is made......) 573. ..

Category: Others | Date: | Hits: 185

Md. Iqbal Hossain Vs. Government of Bangladesh and others, 2011, 40 CLC (AD)

.... CJ Surendra Kumar Sinha J MA Wahhab Miah J Syed Mahmud Hossain J Md.MamtazUddin Ahmed J Md. Shamsul Huda J Md. Iqbal Hossain……………….............Petitioner Vs. Government of Bangladesh, represented by the Secretary, Ministry of Local Government, Rural Developm......ra Kumar Sinha J MA Wahhab Miah J Syed Mahmud Hossain J Md.MamtazUddin Ahmed J Md. Shamsul Huda J Md. Iqbal Hossain……………….............Petitioner Vs. Government of Bangladesh, represented by the Secretary, Ministry of Local Government, Rural Development and Co-ope...... Md. Shamsul Huda J Md. Iqbal Hossain……………….............Petitioner Vs. Government of Bangladesh, represented by the Secretary, Ministry of Local Government, Rural Development and Co-operatives (LGRD) and others..........................Respondents Judgment October 27,......Hossain CJ Surendra Kumar Sinha J MA Wahhab Miah J Syed Mahmud Hossain J Md.MamtazUddin Ahmed J Md. Shamsul Huda J Md. Iqbal Hossain……………….............Petitioner Vs. Government of Bangladesh, represented by the Secretary, Ministry of Local Government, Rural D..

Category: Election Law | Date: | Hits: 250

Shahid Hamid and another Vs. Nilufar Momtaz and anothe, 2011, 40 CLC (AD)

....fts in accordance with the deed of lease and, as such, both the oral gifts do not have any legal effect and for this reason the suit is liable to be dismissed. The suit property was leased out by the Government and, as such, Government is also a necessary party to the suit and the plaintiff filed th......ned Joint District Judge, Second Court, Dhaka in Title Suit No.100 of 2006. 2. The facts involved in the appeal, in brief, are as follows: The plaintiff and defendant No.1 both are citizens of Bangladesh by birth and they got married. They were blessed with a son and a daughter. Because of ma...... Supreme Court Appellate Division (Civil) Present: Md. Muzammel Hossain CJ MA Wahhab Miah J Syed Mahmud Hossain J Md. Imman All J Md. Mamtaz Uddin Ahmed J Shahid Hamid and another....................................Appellants Vs. Nilufar Momtaz and another........... Md. Muzammel Hossain CJ MA Wahhab Miah J Syed Mahmud Hossain J Md. Imman All J Md. Mamtaz Uddin Ahmed J Shahid Hamid and another....................................Appellants Vs. Nilufar Momtaz and another..................................Respondents Judgment Dec..

Category: Property Law | Date: | Hits: 81

Govt. of People's Re­public of Bangladesh Vs. Md. Habibur Rahman @ Manu, 1978, 7 CLC (AD)

....the detention will neither be urged nor enforced whatever be the result of the appeal. Leave was granted to examine the correctness of the observation of the learned Judges on the clause "whereas the Government is satis­fied" appearing in the detention order and similar language in the Bangladesh P......se is also Reported in: 31 DLR (AD) (1979) 152......., 72 I.A. 241; AIR 1945 P.C. 336; Annie Basant Vs. Emperor, ILR 39 Madras 1085; Queen Empress Vs. Bal Gangadhar Tilak, ILR 22 Bombay 112; Z. A. Suleri Vs. The Crown, PLD 1954 Sind 80; Diwan Parkash Chand Vs. Emperor, AIR 1937 Lahore 513; State of Bombay Vs. Purushottam, AIR 1952 S.C. 317; A. Sanjeev...... Supreme Court Appellate Division (Civil) Present: Kemaluddin Hossain CJ Ruhul Islam J KM Subhan J Govt. of People's Re­public of Bangladesh……………………Appellant Vs. Md. Habibur Rahman @ Manu…………………….Respondent Judgment March 14, 1978. ..

Category: Criminal Law | Date: | Hits: 63

SAH Monowar Ali and others Vs. Chairman, Bangladesh Jute Mills Corporation and others, 2009, 38 CLC (HCD)

....ave to Appeal No.354 of 2004. In that Judgment the Appellate Division observed as under: ''In the instant case from the materials on record it is seen that BJMC acted illegally or for that matter Government in terminating the service of the writ petitioners did not act reasonably and fairly. ...... Division (Special Original Jurisdiction) Present: Syed Mahmud Hossain J Quamrul Islam Siddiqui J SAH Monowar Ali and others………………………Petitioners Vs. Chairman, Bangladesh Jute Mills Corporation and others……………………Contemner-respondent's Judgme......also Reported in: 62 DLR (HCD) (2010) 1. ......urt High Court Division (Special Original Jurisdiction) Present: Syed Mahmud Hossain J Quamrul Islam Siddiqui J SAH Monowar Ali and others………………………Petitioners Vs. Chairman, Bangladesh Jute Mills Corporation and others……………………Contemner-respo..

Category: Criminal Law | Date: | Hits: 83

Mantu Faraji alias Jamal Faraji and others Vs. Mahiuddin Khan, 1996, 25 CLC (HCD)

....cquisition and Tenancy Act has been made applicable to a holder of non-agricultural land. The simple test is as to whether the holder of non-agricultural land has become a tenant under the Provincial Government is respect of such, land by virtue of the acquisition of the superior rights in such land......om the date of coming into force of the whole of Part V in any area, the BT Act stands repealed in that area. By 1964 the Part V was enforced throughout country so, BT Act stands repealed entirely in Bangladesh from that period. Even after the repeal of BT Act by the State Acquisition and Tenancy Ac...... This Case is also Reported in: 50 DLR (HCD) (1998) 147. ......HCD) (1998) 147. ..

Category: Property Law | Date: | Hits: 70

NFM Universeum Estate Ltd. Vs. ANM Obaidul Islam and others, 2004, 33 CLC (HCD)

....ce 1980. There was ditch earlier now that was filled with earth. He did not see the plaintiff before the defendant. 32. In cross-examination, he stated that he was a teacher of Tejgaon Polytechnic Government College. Defendant No. 14 Possessed western part of the suit plot. He could not say the q......h. He denied that the date 31‑5‑1917 on the deed was written recently. One page stamp was valued one Taka two Annas and subsequent two papers were cartridges. He denied that those cartridges were Bangladeshi. He denied that there was no entry in the ledger book of the Sub-registry and that cartr......t High Court Division (Civil Appellate Jurisdiction) Present: Md. Abdur Rashid J Syed ABM Huq J NFM Universeum Estate Ltd. .....................Appellant Vs. ANM Obaidul Islam and others......... Respondents Judgment April 20, 2004. Result: The appeal is dismissed......(2004) 563. ..

Category: Property Law | Date: | Hits: 85

Abdus Samad & others Vs. State, 1989, 18 CLC (HCD)

....The Crown, reported in PLD 1956 (FC) 43. In that case Chan Shah was convicted for murder and sentenced to death by an order of the La­hore High Court, passed on an appeal preferred by the Provincial Government against acquittal by the Sessions Judge. During pendency of the appeal which is directed ......t with a fresh application on Revision along with a prayer for bail after surrender, if so advised. Send down the records at once. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 291. ......udgment February 15, 1989. Result: The Rule is discharged. Cases Referred to- Chan Shah Vs. The Crown, PLD 1956 (FC) 43; Khalid Saigol Vs. The State, 14 DLR (SC) 321; Khalilur Rahman and anoth­er Vs. The State, 33 DLR 12; Nirmal Krishna Chandra and another Vs. The State; Gendan Lal...... 291. ..

Category: Criminal Law | Date: | Hits: 95

M. M. Rafiqul Hyder Vs. The State, 1988, 17 CLC (HCD)

....cu­ments, articles of daily use, clothes etc. belonging to the accused appellant may be returned to him after proper identification. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 274. ...... Result: Cases Referred to- State Vs. Balshri Das Sutradhar, 13 DLR 289; Kalipada Nandi Vs. The State, AIR 1950 (Cal) 427; Emperior Vs. Kutub Bux, AIR 1930 Cal. 633, 634; Tamiz Mia Vs. Bangladesh, 33 DLR 203; Talukder A. Azia Vs. State, 35 DLR 127. Lawyers Involved: Serajul Huq...... Vs. The State....................................Respondent Judgment November 10, 1988. Result: Cases Referred to- State Vs. Balshri Das Sutradhar, 13 DLR 289; Kalipada Nandi Vs. The State, AIR 1950 (Cal) 427; Emperior Vs. Kutub Bux, AIR 1930 Cal. 633, 634; Tamiz Mia Vs......ka Bench) (Criminal Appellate Jurisdiction) Present: Fazle Hossain Moham­mad Habibur Rahman J Mahmudul Amin Chowdhury J M. M. Rafiqul Hyder................................Appellant Vs. The State....................................Respondent Judgment November 10, 1988. ..

Category: Criminal Law | Date: | Hits: 87

Secretary, Bangladesh Jute Corporation & another Vs. The Chairman, Second La­bour Court & another, 1989, 18 CLC (HCD)

....9.8.82. We, therefore, find no ground for interference. In the result the Rule is discharged but without any order as to costs. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 265. ......rted in: 41 DLR (HCD) (1989) 265. ......Writ Petition No. 471 of 1986. Judgment Mustafa Kamal J.- This Rule Nisi ob­tained under Article 102 of the Constitution of the People's Republic of Bangladesh calls into question the judgment and order dated 13.8.86 passed by the Chairman, 2nd Labour Court, Dhaka, respondent No.1, in Complai......ench) (Special Original Jurisdiction) Present: Mustafa Kamal J Mahmudul Amin Chowdhury J Secretary, Bangladesh Jute Corporation & another............................Petitioners Vs. The Chairman, Second La­bour Court & another...............................Respondents ..

Category: Labour and Industrial Law | Date: | Hits: 166

Shamir Ghosh Vs. Government of Bangladesh and others, 2004, 33 CLC (HCD)

....se is also Reported in: 56 DLR (2004) 560. ......orted in: 56 DLR (2004) 560. ......reme Court High Court Division (Civil Revisional Jurisdiction) Present: Mir Hashmat Ali J Shamir Ghosh……………Petitioner Vs. Government of Bangladesh represented by the DC and others...............Opposite Parties Judgment February 17, 2004. Result: The Rule i......This Case is also Reported in: 56 DLR (2004) 560. ..

Category: Property Law | Date: | Hits: 62

Abdul Hakim (Md.) Vs. Government of the People’s Republic of Bangladesh & others, 1997, 26 CLC (HCD)

....vision (Special Original Jurisdiction) Present: Md. Mozammel Hoque J Md. Hasan Ameen J Abdul Hakim (Md.)…………………Petitioner Vs. Secretary, Ministry of Establishment, Government of the People’s Republic of Bangladesh & others……………….Respondents Ju...... Present: Md. Mozammel Hoque J Md. Hasan Ameen J Abdul Hakim (Md.)…………………Petitioner Vs. Secretary, Ministry of Establishment, Government of the People’s Republic of Bangladesh & others……………….Respondents Judgment July 1, 1997. Result: The...... Bangladesh & others……………….Respondents Judgment July 1, 1997. Result: The Rule is made absolute. Case Referred To- Secretary, Ministry of Industries Vs. Saleh Ahnaed and another, BLD 1981 (AD) 91. Lawyers Involved: Azizul Hasan, Advocate - For the Petitioner. ......) (1998) 137. ..

Category: Administrative Law | Date: | Hits: 183

Binode Bihari Ghose Vs. Assistant Custodian, Vested and Non-Resident Property and others, 1998, 27 CLC (HCD)

....e of the Pulin Bihari Paul, the vendor of the plaintiff. And after the said purchase plaintiff’s name was duly mutated in the record of right and since then he had been regularly paying rent to the Government. The plaintiff thereafter came to know that the defendant No.1, the Assistant Custodian o......t for India, he executed the aforesaid 3 deeds himself, those were not forged and after registration possession of the suit land was duly delivered to the plaintiff, subsequently Pulin Behari died in Bangladesh and was cremated in Bangladesh. P.Ws. also stated that Pulin Behari died leaving behind a......urt High Court Division (Civil Revisional Jurisdiction) Present: Kazi AT Manowaruddin J Binode Bihari Ghose………………Plaintiff-Petitioner Vs. Assistant Custodian, Vested and Non-Resident Property and others……………Defendant-Opposite Parties Judgment January......50 DLR (HCD) (1998) 134...

Category: Property Law | Date: | Hits: 56

Nirman International Ltd. Vs. Islam Steel Mills Ltd. and others, 1997, 26 CLC (HCD)

.... learned brother has already discussed and observed very clearly the legal aspect on this point in view of case laws cited before us. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 125. ......€¦â€¦â€¦â€¦â€¦â€¦Respondents Judgment February 5, 1997. Result: The appeal succeeds. Cases Referred to- Shamsul Huda Vs. Mozammel Huq and others, 27 DLR 256; Unimarine SA Panama Vs. Bangladesh 31 DLR (AD) 112; Md. Insan Ali Vs. Mir Abdus Salam, 1988 BCR (AD) 125; Johara Begum Vs. R......ourt Division (Civil Miscellaneous Jurisdiction) Present: AM Mahmudur Rahman J Md. Nurul Islam J Nirman International Ltd…………………Appellant Vs. Islam Steel Mills Ltd. and others……………………Respondents Judgment February 5, 1997. Result: The app......re. Supreme Court High Court Division (Civil Miscellaneous Jurisdiction) Present: AM Mahmudur Rahman J Md. Nurul Islam J Nirman International Ltd…………………Appellant Vs. Islam Steel Mills Ltd. and others……………………Respondents Judgment February ..

Category: Procedural Law | Date: | Hits: 118

Nurul Islam and others Vs. Khatibuddin Ahmed and others, 2004, 33 CLC (HCD)

....he plaintiffs of that Other Class Suit No. 43/2003 when the ad-hoc Committee took steps for appointment of Auditor which is a condition precedent to hold election, a learned Senior member who was the Government Pleader opposed the same giving out that no such step should be taken by the ad-hoc Commi......rajul Islam, 20 DLR 501; Md. Ashid Mia Vs. Province of East Pakistan, 22 DLR 694; Khondker Monjur Morshed Vs. Executive Committee (NB), 28 DLR 449; Abdul Jalil Vs. Abu Bakar Siddique, 35 DLR (AD) 42; Bangladesh Muktijodha Kalyan Trust Vs. Nurul Hossain, 44 DLR 22; Ministry of Communication Vs. Md. F......Courts below at once. Ed. This Case is also Reported in: 56 DLR (2004) 545....... 56 DLR (2004) 545...

Category: Civil Law | Date: | Hits: 74

Naogaon Rice Mills Ltd. Vs. Pubali Batik Ltd., 2002, 31 CLC (HCD)

....he learned Artha Rin Adalat and the learned Cognizance Court and Magistrate, 1st Class, Naogaon for their information and necessary action. Ed. This Case is also Reported in: 56 DLR (2004) 543. ......he learned Artha Rin Adalat and the learned Cognizance Court and Magistrate, 1st Class, Naogaon for their information and necessary action. Ed. This Case is also Reported in: 56 DLR (2004) 543. ......inate Judge rightly found that the plaintiff against the order dated 10‑1‑2001 passed in had done works beyond the tender, which the Miscellaneous Case No. 1 of 1999 sending a defendants received and enjoyed. Not only that the complaint against the petitioner to the Criminal defendants already t......4) 543. ..

Category: Criminal Law | Date: | Hits: 82

AKM Shahidul Hoque Vs. Deputy Commissioner and others, 2003, 32 CLC (HCD)

....0,000. 5. Defendant Nos. 1 and 2 opposed the claims of the plaintiff by filing a joint written statement. Their case, in short, is that the Hospital was initially intended to be constructed as Non-Government organisation for treatment of poor and distressed people. As the plaintiff could not fini...... is allowed. Cases Referred to- Bengal Nagpur Railway Co. Ltd. Vs. Ruttanji Ramji and others, AIR 1935 Calcutta 347; Ram Pertab and others Vs. G Marshall, ILR 26 Calcutta 702; Bazlur Rahman Vs. Bangladesh, 1990 BLD (AD) 66; West Bengal Vs. BK Mondal & Sons, AIR 1962 SC 779; Mulamchand Vs. ......High Court Division (Civil Appellate Jurisdiction) Present: Md. Abdur Rashid J S Rahman Miah J AKM Shahidul Hoque ...............................Appellant Vs. Deputy Commissioner and others ....................Respondents Judgment August 3, 2003. Result: The appeal i......04) 538. ..

Category: Civil Law | Date: | Hits: 99

Government of Bangladesh Vs. Syed Rashid Ahmed Ehsan @ Syed Abdur Rashid and others, 2010, 39 CLC (HCD)

....cord be sent down at once. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 49.......own at once. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 49.......azzam Husain J Government of Bangladesh, represented by the Deputy Commissioner, Sylhet..................Defendant No.1-Appellant-Petitioner. Vs. Syed Rashid Ahmed Ehsan @ Syed Abdur Rashid and others................Plaintiff- Respondent-Opposite parties. Judgment August 19, 2010. ...... (Civil) Present: Sheikh Abdul Awal J M. Moazzam Husain J Government of Bangladesh, represented by the Deputy Commissioner, Sylhet..................Defendant No.1-Appellant-Petitioner. Vs. Syed Rashid Ahmed Ehsan @ Syed Abdur Rashid and others................Plaintiff- Respondent-..

Category: Property Law | Date: | Hits: 64