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Abdul Muhaimin Khan & another Vs. Bashiruddin & others, 1991, 20 CLC (HCD)
.... The rule is discharged with cost. The stay order granted by this court on 26.11.90 is hereby vacated. Communicate the order at once. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 382. ......er Ali reported in 21 DLR 599. The learned counsel for the petitioners has frankly admitted that as per decisions given by the superior courts including the Appellate Division of the Supreme Court of Bangladesh there is no doubt about the fact that right of pre‑emption accrues from the date of reg......CD) (1993) 382. ...... The rule is discharged with cost. The stay order granted by this court on 26.11.90 is hereby vacated. Communicate the order at once. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 382. ..Category: Property Law | Date: | Hits: 89
Ansar Ali Khan Vs. Chief Election Commissioner and others, 1992, 21 CLC (HCD)
....ure‑D which is the receipt granted by the Mirzapur Branch of Bangladesh Krishi Bank on 8.12.91 also shows that the petitioner paid the said defaulted amount on 8.12.91. Section 7(2)(g) of the Local Government (Union Parishads) Ordinance, 1983 clearly provides that "A person shall be disqualified...... fixed by the Election Commission to be on 7th December, 1991. Admittedly the petitioner was a defaulter in respect of payment of arrears of loan amounting to Taka 10,540.00 to the Mirzapur Branch of Bangladesh Krishi Bank till 7.12.91 and the petitioner paid the said amount i.e. Taka 10,540.00 to h......Supreme Court High Court Division (Special Original Jurisdiction) Present: Fazle Hussain Mohammad Habibur Rahman J KM Hasan J Ansar Ali Khan………………………Petitioner Vs. Chief Election Commissioner and others……………………..Respondents Judgment Ja......r nomination as Chairman or member to contest the said election. On the ground stated above the application is summarily rejected. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 379. ..Category: Election Law | Date: | Hits: 128
Fazlul Karim Vs. Agrani Bank, 1991, 20 CLC (HCD)
....n Vs. The Province of the Punjab reported in PLD 1949 Lahore, 219 decreed a similar suit making a declaration in favour of the plaintiff that the order of dismissal from his service of the Provincial Government was void and inoperative and that he remained in service at the date of institution of th...... service under the defendants on the allegations, inter alia, that the appellant joined the then Habib Bank Limited as an Officer on 21.5.68 and he was absorbed in the Agrani Bank after liberation of Bangladesh when the Habib Bank Limited was Nationalised under Bangladesh Bank (Nationalisation) Orde......375. ......ank, represented by the Chairman, Board of Directors, Agrani Bank and ors…………………….Respondents Judgment November 3, 1991. Cases Referred To- Manager, Personnel Division Vs. Md. Sozahan Miah & others, 35 DLR 224; High Commissioner for India and another Vs. IM Lall, AIR ..Category: Employment/Service Law | Date: | Hits: 71
Md. Abul Hossain Vs. Government of Bangladesh and others, 2010, 39 CLC (HCD)
....ision (Special Original Jurisdiction) Present: Syed Mahmud Hossain J Gobinda Chandra Tagore J Md. Abul Hossain……...........................................the petitioner Vs. Government of Bangladesh and others….................the respondents Judgment October 7, 201......cial Original Jurisdiction) Present: Syed Mahmud Hossain J Gobinda Chandra Tagore J Md. Abul Hossain……...........................................the petitioner Vs. Government of Bangladesh and others….................the respondents Judgment October 7, 2010. Lawyers ......urt Division (Special Original Jurisdiction) Present: Syed Mahmud Hossain J Gobinda Chandra Tagore J Md. Abul Hossain……...........................................the petitioner Vs. Government of Bangladesh and others….................the respondents Judgment October......gore J.-I agree. Ed. This Case is also Reported in: ..Category: Civil Law | Date: | Hits: 128
.... Artha Rin Suit No.103 of 2001 is maintained.
Let a copy of the judgment along with lower Court’s record be sent down at once.
M. Moazzam Husain J.- I agree.
This Case is also Reported in:
.......
M. Moazzam Husain J.- I agree.
This Case is also Reported in:
......t Division
(Civil Appellate Jurisdiction)
Present:
Sheikh Abdul Awal
M. Moazzam Husain
Bangladesh Krishi Bank……........................................................Appellant
Vs.
M/s. Dadajee Ice Plant and Cold storage Ltd. and others……….........Respondents
Judgm......ant
Vs.
M/s. Dadajee Ice Plant and Cold storage Ltd. and others……….........Respondents
Judgment
May 10, 2010.
Lawyers Involved:
M. Khaled Ahmed, Advocate-For the appellant.
Md. Quamrul Haqie Siddique with Ahmed Nowshed Jamil, Advocates-For the respondent No. 6.
First Ap..
Category: Civil Law | Date: | Hits: 217
....at Ali Mukhtear Vs. Abdul Majid 27 DLR 385; Irfan Ali Vs. Joynal Abedin Miah (Late), 35 DLR (AD) 216; Al-haj Ahmed Hossain Khan Vs. Rezaur Rahman, 42 DLR (AD) 225; Noor Mohammad Khan & others Vs. Government of the People's Republic of Bangladesh & others, 42 DLR (1990) 436; Moinuddin Ahmed a......& others.................Opposite Parties (Plaintiff-Respondents)
Judgment
August 8, 2011.
Cases Referred To-
Abdul Kader Vs. Abdullah & others,51 DLR 435; Noor Mohammad Khan Vs. Bangladesh, 42 DLR 435; Kamal Baksh & another Vs. Siraj Bakshi & others, 7 BLT (AD) 329 and ......
(Civil Revisional Jurisdiction)
Present:
M A Hye J
Md. Rezaul Hasan J
President, Coronation Hall Committee and Deputy Commissioner, Khulna…......Petitioner (Defendant-Appellant)
Vs.
Executive Committee, Khulna & others.................Opposite Parties (Plaintiff-Responde......e.
MA Hye J.-I agree
This Case is also Reported in: 63 DLR (2011) 666.
..
Category: Property Law | Date: | Hits: 89
Md. Abdul Halim Vs. Dr. Mohammad Tareque and others, 2011, 40 CLC (HCD)
....dent No.5. Respondent No.6 Md. Aminul Huq, son of Abdul Huq, House No.8/5, Block–B, Lalmatia, Mohammadpur initiated a complaint against the respondent No.5 before the Honorable Minister of Finance, Government of the People’s Republic of Bangladesh alleging that the respondent No.5 was an illegal......, son of Abdul Huq, House No.8/5, Block–B, Lalmatia, Mohammadpur initiated a complaint against the respondent No.5 before the Honorable Minister of Finance, Government of the People’s Republic of Bangladesh alleging that the respondent No.5 was an illegal institution and was functioning as a ban......ivision (Special Original Jurisdiction) Present: Md. Ashfaqul Islam J M. Moazzam Husain J Md. Abdul Halim ………………………………………………………Petitioner Vs. Dr. Mohammad Tareque and others……………………….Respondents Judgment August ...... against them. Communicate at once. M. Moazzam Husain J. - I agree. This Case is also Reported in: ..Category: Employment/Service Law | Date: | Hits: 115
Law Dev (Bangladesh) Vs. Bangladesh and another, 2011, 40 CLC (HCD)
....y in keeping with the provisions of the Act No.13 of 2003. It goes without saying that the BERC is an independent and neutral regulatory body. The BERC is a bridge serving as a referee in between the Government, private sector and energy consumers. The petitioner has not come up with the. Writ Petit......d. This Case is also Reported in: 63 DLR (2011) 626.......Court High Court Division (Special Original Jurisdiction) Present: Moyeenul Islam Chowdhury J Naima Haider J Law Dev (Bangladesh)......................................Petitioner Vs. Bangladesh and another... ................................Respondents Judgment February...... Cases Referred to- Ruhul Quddus, Advocate Vs. Justice MA Aziz, 60 DLR 511; Aminul Haque Helal Vs. Justice Sultan Hossain Khan, 11 BLC 339; University of Mysore Vs. Govinda Rao. AIR 1965 SC 49: Md. Idrisur Rahman Vs. Md. Shahid Uddin Ahmed, 1999 BLD 29=4 BLC 304; Ruhul Quddus, Advocate Vs. Jus..Category: Employment/Service Law | Date: | Hits: 92
Shahabuddin (Md) Vs. Secretary, Ministry of Youth and Sports and others, 1991, 20 CLC (HCD)
....he affairs of the Republic or of a local authority has been done or taken without lawful authority and is of no legal effect. 4. Though Syed Alamgir Faruk Chowdhury per chance also happens to be a Government servant, but the aforesaid impugned order (Annexure‑E) has been passed by him in his pr......n passed without lawful authority and to be of no legal effect. 2. Admittedly this is not a petition for enforcement of any of the fundamental rights conferred by Part‑III of the Constitution of Bangladesh as contemplated under Article 102 (1) of the Constitution. 3. This is an application u......rt High Court Division (Special Original Jurisdiction) Present: Fazle Hussain Mohammad Habibur Rahman J Mainur Reza Chowdhury J Shahabuddin (Md)......................Petitioner Vs. Secretary, Ministry of Youth and Sports and others.....................Respondents Judgmen......tition before this Court under Article 102(2)(a)(ii) of the Constitution, therefore, is not maintainable on the grounds stated above. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 360. ..Category: Constitutional Law | Date: | Hits: 165
Abdul Hakim and others Vs. State, 1991, 20 CLC (HCD)
....arned Advocate argued that these persons are the proper persons to depose that nothing has been received or no forms have been printed as ordered by appellant Abdul Hakim. He further submits that the Government has provided the appellant with a motor cycle and sanction for fuel and repairing of the ......the conviction and sentences are set aside and the appellants are acquitted and they are discharged from their respective bail bonds. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 352. ......rted in: 45 DLR (HCD) (1993) 352. ......examination is that of innocence and their further case is that they have not committed any offence as alleged and this appellant Abdul Hakim has been implicated in this case at the instance of P.W.6 Md. Kowser Ali with whom he had enmity. The further case of appellant Abdul Hakim is that the vouche..Category: Criminal Law | Date: | Hits: 84
AR Bhuiyan and Company Vs. Commissioner of Taxes, Dhaka (South) Zone, Dhaka, 1992, 21 CLC (HCD)
....xes under Income‑Tax Act. For the aforesaid discussion, we answer the question No.1 in the affirmative and against the assessee. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 347. ......mputed the total taxable income at Tk. 2,19,916.00. The assessee preferred appeal against the order of the Inspecting Joint Commissioner before the Income Tax Appellate Tribunal, Head Quarters Bench, Bangladesh, Dhaka. The Accountant Member of the tribunal delivered the judgment. The question No.1 a....... ...... Judgment March 18, 1992. Cases Referred To- Hylam Ltd., 87 ITR 310 (AP); Praga Tools Ltd. Vs. CIT 123 ITR (AP). Lawyers Involved: Fakir Abdul Mannan, Advocate - For the Applicant. Md. Moksudur Rahman, Advocate - For the Respondent. Application No. 37 of 1984. Judgment A..Category: Fiscal/Taxation Law | Date: | Hits: 90
Altaf Hossain Vs. Abbas Ali and another, 1991, 20 CLC (HCD)
....She contends that in the earlier suit filed by the petitioner the relief sought for was that the petitioner is the owner of the land in suit and preparation of the record of rights in the name of the Government under khas Khatian was wrong. In the subsequent suit also the relief sought for was that ...... Court of District Judge, Mymensingh. The said appeal and the suit are pending before the Courts for disposal. 3. After filing of the Miscellaneous Appeal by the petitioner the opposite party No.2 Bangladesh on 13.6.83 instituted Title Suit No.264 of 1983 in the Court of Munsif, 2nd Court Sadar, ......eported in: 45 DLR (HCD) (1993) 374. ......ing in the Court of Upazila Munsif, Fulbaria, District Mymensingh. In the result, the Rule is made absolute. No order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 374. ..Category: Property Law | Date: | Hits: 68
Shaikh Sharnsuddin Ahmed Vs. Nazmul Huda and others, 1993, 22 CLC (HCD)
....escribed in the revisional application as opposite party No.2 "deceased Sree Jagannath Bondopadhya, son.") instituted the above mentioned suit against the present petitioner Sk. Shamsuddin Ahmed, the Government and the Additional Deputy Commissioner (Revenue), Khulna as principal defendants and some......1.85 in accordance with law, in the light of the observations made above and in compliance with the direction of the appellate Court. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 369. ...... in: 45 DLR (HCD) (1993) 369. ......1.85 in accordance with law, in the light of the observations made above and in compliance with the direction of the appellate Court. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 369. ..Category: Procedural Law | Date: | Hits: 77
Abdul Khaleque (Md) Vs. Deputy Commissioner, Dhaka, 1992, 21 CLC (HCD)
....ho passed the impugned order as contained in Memo No.Shiksha/III/90/551 dated 28.8.90 Mr. Shah Habibur Rahman, the learned Advocate for the petitioner, has drawn our attention to the Recognised Non‑Government Secondary School Teachers (Board of Intermediate and Secondary Education, Dhaka) Terms an......ain Ahmed, AAG - For the Opposite Parties. Writ Petition No.1977 of 1990. Judgment Naimuddin Ahmed J.- By this writ petition under Article 102 of the Constitution of the People's Republic of Bangladesh an order passed by the Respondent No.1, the Deputy Commissioner, Dhaka Collectorate Build......9.......etitioner Vs. Deputy Commissioner, Dhaka, Collectorate Building, PS Kotwali, Dhaka and others………………….Opposite Parties Judgment November 1, 1992. Lawyers Involved: Shah Md. Habibur Rahman, Advocate ‑ For the Petitioner. Mashuque Hossain Ahmed, AAG - For the Opposi..Category: Employment/Service Law | Date: | Hits: 59
Aslam Hossain Chaklader Vs. Ali Nur and others, 1991, 20 CLC (HCD)
....he is now restrained from collecting tolls after purchase of the ejara by his good money. It is further alleged that the suit is not maintainable as no notice was served under section 80 of the Local Government (Upazila Parishad and Upazila Administration Re‑organisaÂtion) Ordinance 1982. 4. I......te Judge is hereby set aside and the petition for temporary injunction is rejected. The connected Rule is disposed of accordingly. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 366. ......) (1993) 366. ......te Judge is hereby set aside and the petition for temporary injunction is rejected. The connected Rule is disposed of accordingly. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 366. ..Category: Civil Law | Date: | Hits: 74
Bangladesh Vs. Md. Aslam and others, 1989, 18 CLC (HCD)
....sert that after taking Amaldari from the Manager of the said Tea Company and clearing the jungles, plaintiff No.1 was possessing the same without any interruption or obstruction. That defendant No.1, Government of Bangladesh, served a notice of eviction under Act 10 of 1953 and being threatened he f......e affirmed and maintained. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 69....... Reported in: 44 DLR (HCD) (1992) 69.......ed in: 44 DLR (HCD) (1992) 69...Category: Property Law | Date: | Hits: 96
Nikhil Kumar Sarker Vs. Bangladesh, 1991, 20 CLC (HCD)
.... selected and appointed as Assistant Teacher (Science) by their letter No.13/85 dated 21.8.85 and the petitioner joined on 22.8.85. According to the assurance of the then President of Bangladesh, the Government through the Ministry of Education nationalised the said school by Government Order No.SHA......High Court Division (Special Original Jurisdiction) Present: Fazle Hussain Mohammad Habibur Rahman J Mainur Reza Chowdhury J Nikhil Kumar Sarker...................Petitioner Vs. Bangladesh, represented by the Secretary, Ministry of Education and others…………………Respo......urt High Court Division (Special Original Jurisdiction) Present: Fazle Hussain Mohammad Habibur Rahman J Mainur Reza Chowdhury J Nikhil Kumar Sarker...................Petitioner Vs. Bangladesh, represented by the Secretary, Ministry of Education and others………………â......sistant Teacher of the said nationalised school is without any lawful authority. The application is, therefore, summarily rejected. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 67. ..Category: Employment/Service Law | Date: | Hits: 82
Haroon and another Vs. Mst. Sufia Khatun and another, 1990, 19 CLC (HCD)
....ce. However, the petitioners who are third parties to the decree came up with an application saying that they were in possession of the properties in question in their own right as allottees from the Government and, therefore, were not bound by the decree of ejectment obtained by the decree‑holder...... contention is overruled. For all these reasons I find no substance in this case. The Rule is, accordingly, discharged with costs. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 63....... Court High Court Division (Civil Revisional Jurisdiction) Present: Bimalendu Bikash Roy Chowdhury J Naimuddin Ahmed J Haroon and another .............................Petitioners Vs. Mst. Sufia Khatun and another ...........................Opposite Parties Judgment Nove......, AIR 1962 Patna 403; Motamari Ramiah and others Vs. Kumari Malliah and others, AIR 1962 Andhra Pradesh 72; Gopal Chandra Sadhu‑khen Vs. Sheikh Jamsed and another, AIR 1965 Cal. 51; Salch Ahmed Vs. Md. Zakaria, 37 DLR 296; and Ali Hossain Vs. Rafiquddin, PLD 1977 Lahore 418. Lawyers Involved: ..Category: Civil Law | Date: | Hits: 89
....niversity of Sagar and another, AIR 1960 Madhya Pradesh 208; AIR 1954 (SC) 217; Pakistan Vs. Himayat Ullah Farukhi, PLD 1969 (SC) 407; Abdul Hashim Vs. Chairman, National Board of Revenue, 32 DLR 55; Government of East Pakistan Vs. Md. Hossain Ali, 8 PLR 1958 (Dacca) 820; Omprakash Gupta Vs. The Sta......
High Court Division
(Special Original Jurisdiction)
Present:
Fazle Hussain Mohammad Habibur Rahman J
KM Hasan J
Dr. Syed Mahbubur Rahman......................Petitioner
Vs.
Bangladesh University of Engineering and TechnoÂlogy, represented by its Vice Chancellor and anot......e Court
High Court Division
(Special Original Jurisdiction)
Present:
Fazle Hussain Mohammad Habibur Rahman J
KM Hasan J
Dr. Syed Mahbubur Rahman......................Petitioner
Vs.
Bangladesh University of Engineering and TechnoÂlogy, represented by its Vice Chancellor a......AIR 1960 Madhya Pradesh 208; AIR 1954 (SC) 217; Pakistan Vs. Himayat Ullah Farukhi, PLD 1969 (SC) 407; Abdul Hashim Vs. Chairman, National Board of Revenue, 32 DLR 55; Government of East Pakistan Vs. Md. Hossain Ali, 8 PLR 1958 (Dacca) 820; Omprakash Gupta Vs. The State of UP, 1955 SCA 832; Gurudeva..
Category: Employment/Service Law | Date: | Hits: 155
State Vs. Amin Huda, 2011, 40 CLC (AD)
....inal Petition for Leave to Appeal Nos.594 of 2008 and 595 of 2008 and leave was granted by this Court to consider the submissions made by the learned Deputy Attorney General to the effect. (a) The Government being empowered by law by Notification in the official Gazette havÂing appointed an insp......fore the Druta Bichar Tribunal within 6(six) weeks from the date of receipt of this judgment. Ed. This Case is also Reported in: 63 DLR (AD) (2011) 152,8 LG (AD) (2011) 164, VIII ADC (2011) 890. ...... Md. Abdul WahhabMiah J Nazmun Ara Sultana J Md. Imman Ali J Md. Mamtaz Uddin Ahmed J Md. Shamsul Huda J State……………….........................Appellant (In both Appeals) Vs. Amin Huda………………..................Respondent (In both Appeals) Judgment Jun...... of receipt of this judgment. Ed. This Case is also Reported in: 63 DLR (AD) (2011) 152,8 LG (AD) (2011) 164, VIII ADC (2011) 890. ..Category: Criminal Law | Date: | Hits: 112
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