Judgment search - Chancery Law Chronicles

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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......sent: 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 Affairs, and ......in J ABM Khairul Haque J Md. Rafiqul Islam Faruque ………………………............Petitioner Vs. Government of Bangladesh, represented by the Secretary, Ministry of Law, Justice and Parliamentary Affairs, and others………………….........Respondents Judgment Octobe......ion (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 Parlia..

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. ......e is also Reported in: VIII ADC (2011) 434. ......eported in: VIII ADC (2011) 434. ......t Appellate Division (Civil) Present: ABM Khairul Haque CJ Md. Muzammel Hossain J Surendra Kumar Sinha J Government of Bangladesh and others…...................Petitioners Vs. Ansarul Huq ..............................................................Respondent Judgm..

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.......gh Court Division Judgment here. Supreme Court Appellate Division (Civil) Present: Surendra Kumar Sinha J Md. Abdul Wahhab Miah J Nazmun Ara Sultana J Syed Mahmud Hossain J Bangladesh represented by the Cabinet Secretary, Cabinet Division, Bangladesh Secretariat, Dhaka-1......Hossain J Bangladesh represented by the Cabinet Secretary, Cabinet Division, Bangladesh Secretariat, Dhaka-1000 .............................................Petitioner Vs. Md. Ataur Rahman and others…………………….Respondents Order March 13, 2011. Lawyers Involved: ......ultana J Syed Mahmud Hossain J Bangladesh represented by the Cabinet Secretary, Cabinet Division, Bangladesh Secretariat, Dhaka-1000 .............................................Petitioner Vs. Md. Ataur Rahman and others…………………….Respondents Order March 13, 2011. ..

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 ......esent: Md. Muzammel Hossain J Md. Abdul Wahhab Miah J Syed Mahmud Hossain J Muhammad Imman Ali J Md. Nurul Hussain…………………………………………..Petitioner Vs. Bangladesh Muktijoddhya Kallayan Trust, represented by its Chairman, 88, Motijheel Commercial Area, ......Hussain…………………………………………..Petitioner Vs. Bangladesh Muktijoddhya Kallayan Trust, represented by its Chairman, 88, Motijheel Commercial Area, P.S. Motijheel, Dhaka and others ...............Respondents Judgment March 9, 2011. Lawyers Involved: Abdul Wa......) Present: Md. Muzammel Hossain J Md. Abdul Wahhab Miah J Syed Mahmud Hossain J Muhammad Imman Ali J Md. Nurul Hussain…………………………………………..Petitioner Vs. Bangladesh Muktijoddhya Kallayan Trust, represented by its Chairman, 88, Motijheel Commercial..

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...... and Assistant Custodian, Vested and non-resident properties, Noakhali and others………………..Respondents Judgment February 6, 2011. Cases Referred To- Saju Hossain and others Vs. Bangladesh and anther, 58 DLR (AD) 177; Aroti Rani Pau Vs. Sudarshan Kumar Paul and others, 56 DLR (......gree. This Case is also Reported in: ...... High Court Division (Civil Revisional Jurisdiction) Present: Sharif Uddin Chaklader J Md. Nuruzzaman J Mohammad Hossain and others…………………………………Appellants Vs. Additional Deputy Commissioner (Revenue) and Assistant Custodian, Vested and non-resident pro..

Category: Property Law | Date: | Hits: 66

Government of the People's Republic of Bangladesh Vs. Subordinate Judge, 4th Court and Arbitrator, Dhaka and Others, 1992, 21 CLC (HCD)

.... Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 391....... 45 DLR (HCD) (1993) 391.......me Court High Court Division (Special Original Jurisdiction) Present: AKM Sadeque J Mainur Reza Chowdhury J Government of the People's Republic of Bangladesh represented by the Land Acquisition Collector, Dhaka, Police Station Kotwali in the City of Dhaka...........Petitioner ......inur Reza Chowdhury J Government of the People's Republic of Bangladesh represented by the Land Acquisition Collector, Dhaka, Police Station Kotwali in the City of Dhaka...........Petitioner Vs. Subordinate Judge, 4th Court and Arbitrator, Dhaka and Others………………Respondents..

Category: Alternative Dispute Resolution | Date: | Hits: 213

lqbal Ahmed Quraishi Vs. Bangladesh represented by the Secretary, Ministry of Works, Government of the People's Republic of Bangladesh, Dhaka, 1991, 20 CLC (HCD)

....diction) Present: Qazi Shafiuddin J Mainur Reza Chowdhury J lqbal Ahmed Quraishi...........................Petitioner Vs. Bangladesh represented by the Secretary, Ministry of Works, Government of the People's Republic of Bangladesh, Dhaka...........................Respondents Ju......eme Court High Court Division (Special Original Jurisdiction) Present: Qazi Shafiuddin J Mainur Reza Chowdhury J lqbal Ahmed Quraishi...........................Petitioner Vs. Bangladesh represented by the Secretary, Ministry of Works, Government of the People's Republic of B...... issued calling upon the respondents to show cause why the enlistment of the petitioner's property at plot No.CEN (D)‑21, Road No.103, Gulshan Model Town, PS Gulshan Dhaka in the 'ka' list of the abandoned properties published on September, 23, 1986 in Bangladesh Gazette, Extraordinary at page No........ ..

Category: Property Law | Date: | Hits: 86

Bangladesh Atomic Energy Commission Vs. Md. Al-Amin Sarker and others, 2011, 40 CLC (AD)

....ed 6.10.2010 passed by the High Court Division in Writ Petition No. 6308 of 2009 be stayed till disposal of the Appeal. Ed. This Case is also Reported in: VIII ADC (2011) 388. ...... Appellate Division (Civil) Present: ABM Khairul Haque CJ Md. Muzammel Hossain J Md. Abdul Wahhab Miah J Nazmun Ara Sultana J Syed Mahmud Hossain J Muhammad Imman Ali J Bangladesh Atomic Energy Commission (BAEC)…………….......Petitioner Vs. Md. Al-Amin Sar......ul Wahhab Miah J Nazmun Ara Sultana J Syed Mahmud Hossain J Muhammad Imman Ali J Bangladesh Atomic Energy Commission (BAEC)…………….......Petitioner Vs. Md. Al-Amin Sarker and others.............................................Respondents Order March 6, 2011. Law......ammel Hossain J Md. Abdul Wahhab Miah J Nazmun Ara Sultana J Syed Mahmud Hossain J Muhammad Imman Ali J Bangladesh Atomic Energy Commission (BAEC)…………….......Petitioner Vs. Md. Al-Amin Sarker and others.............................................Respondents Orde..

Category: Employment/Service Law | Date: | Hits: 81

Trade Channel Vs. Collector of Customs, Customs House Chittagong and others, 1990, 19 CLC (HCD)

....oms, House, Chitagong, respondent No.2 Chairman, National Board of Revenue, Segun Bagicha, Ramna, Dhaka and respondent No.3 Ministry of Finance, represented by Secretary, Internal Resources Division, Government of Bangladesh, Dhaka to show cause why the assessment orders Annexures F, I, I(i), I(ii) ......Chittagong and others……..........Respondents Judgment August 6, 1990. Cases Referred To- A. Hannan Vs. Collector of Customs, 40 DLR 273; MA Hai and others Vs. Trading Corporation of Bangladesh, 1988 BLD (AD) 84; A Hannan 42 DLR (AD) 167; Maritime E Ca. Vs. General Dairies, AIR 1937......al Jurisdiction) Present: Fazle Hussain Mohammad Habibur Rahman J Kazi Ebadul Hoque J Trade Channel……………….Petitioner Vs. Collector of Customs, Customs House Chittagong and others……..........Respondents Judgment August 6, 1990. Cases Referred To- A. Han......Supreme Court High Court Division (Special Original Jurisdiction) Present: Fazle Hussain Mohammad Habibur Rahman J Kazi Ebadul Hoque J Trade Channel……………….Petitioner Vs. Collector of Customs, Customs House Chittagong and others……..........Respondents Jud..

Category: Fiscal/Taxation Law | Date: | Hits: 131

Hussain Mohammad Ershad Vs. State, 1992, 21 CLC (HCD)

....rom 12th afternoon in the month of December 1990, the said Senabbaban was sealed and locked up and it was done by a Committee headed by Col. Sk. Abdur Rahman. Another Committee was constituted by the Government of Bangladesh which was the then interim Government for making inventory of the articles ......noon in the month of December 1990, the said Senabbaban was sealed and locked up and it was done by a Committee headed by Col. Sk. Abdur Rahman. Another Committee was constituted by the Government of Bangladesh which was the then interim Government for making inventory of the articles found in the h......ammad Ershad……………. Petitioner Vs. State……………....Opposite Party Judgment January 21, 1992. Cases Referred To- Public Prosecutor, Madras Vs. Chockalingarn Ambalarn and another, 1929 I.C. 274; ldris Howlader and another Vs. State, 38 DLR 233 & 35 DLR 422, AIR 1......2) 116. ..

Category: Criminal Law | Date: | Hits: 125

Mohibur Rahman Vs. Kuti Miah and State, 1991, 20 CLC (HCD)

....istrate. In the result, the rule is made absolute and the impugned order passed by the learned Sessions Judge is hereby set aside. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 112. ...... 2. The facts of the case, in brief, are that one Kuti Miah lodged FIR on 11.5.86 with the Baniachang Police Station alleging commission of offence under sections 147/148/149/302/324/114/427 of the Bangladesh Penal Code read with section 1(24) of the Cattle Trespass Act against 16 persons and the ......Ebadur Rahman……………….…..Petitioners. Vs. 1. Kuti Miah 2. State..................Opposite Parties Judgment March 13,1991. Cases Referred To- Abdus Salam Master and another Vs. State, 35 DLR 140; Nur Mohammad & others Vs. State, BCR (1987) 244 (9 & 16);......t Division (Criminal Revisional jurisdiction) Present: Abdul Bari Sarker J Habibur Rahman Khan J Mohibur Rahman alias Bara Mia, 2. Ebadur Rahman……………….…..Petitioners. Vs. 1. Kuti Miah 2. State..................Opposite Parties Judgment March 13,199..

Category: Criminal Law | Date: | Hits: 89

Rezaul Karim (Md) and another Vs. Secretary, Ministry of Home Affairs and others, 1991, 20 CLC (HCD)

.... Affairs and others.............Respondents Judgment January 16, 1991. Result: The Rule is made absolute. Case Referred to- Sheikh Ali Ahmed Vs. Secretary, Ministry of Home Affairs, Government of Bangladesh, 40 DLR (AD). Lawyers Involved: Shahid Alam Advocate‑For the Petiti......thers.............Respondents Judgment January 16, 1991. Result: The Rule is made absolute. Case Referred to- Sheikh Ali Ahmed Vs. Secretary, Ministry of Home Affairs, Government of Bangladesh, 40 DLR (AD). Lawyers Involved: Shahid Alam Advocate‑For the Petitioner. Qazi ......ted in: 44 DLR (HCD) (1992) 110. ...... Court High Court Division (Special Original Jurisdiction) Present: Fazle Hussain Mohammad Habibur Rahman J Abdul Hasib J Rezaul Karim (Md) and another……………Petitioners Vs. Secretary, Ministry of Home Affairs and others.............Respondents Judgment January..

Category: Constitutional Law | Date: | Hits: 174

Muhammadullah and others Vs. Makbul Ahmed and State, 1991, 20 CLC (HCD)

....ugned proceeding of the Petition Case No.345 A‑1/89 pending in the Court of Chief Metropolitan Magistrate, Dhaka is hereby quashed. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 107. ......ugned proceeding of the Petition Case No.345 A‑1/89 pending in the Court of Chief Metropolitan Magistrate, Dhaka is hereby quashed. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 107. ...... is also Reported in: 44 DLR (HCD) (1992) 107. ......92) 107. ..

Category: Criminal Law | Date: | Hits: 89

Ayub Ali Mohaldar Vs. Md. Shahjahan and others, 1990, 19 CLC (HCD)

....e Rule is made absoluteas against opposite-party contemner No.1 and discharged as against the order opposite-party contemner Nos.2-4. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 101. ......89 issued rule on that application and stayed further proceedings of the said Title Execution Case No.1 of 1988. Sd/‑ M.A. Rahim, 9.4.89 (Mr. Abdur Rahim) Advocate Supreme Court of Bangladesh High Court Division, Jessore Bench. 4. At around 2‑50 p.m. on 9.4.89 the petitioner ...... ......DLR (HCD) (1992) 101. ..

Category: Criminal Law | Date: | Hits: 84

MM Enterprise Limited Vs. General Certificate Officer, Collectorate Building, Comilla, 1992, 21 CLC (HCD)

.... Building Finance Corporation Order, 1973 or the Bangladesh Krishi Bank Order, 1973, or the Co‑Operative Societies Act, 1940, or the Customs Act 1969 or for the recovery of any loan advanced by the Government or for the recovery of any money referred to in Article 15 of Schedule 1 the certificate ...... instance of MM Enterprise Limited 224, Bara Maghbazar Dhaka represented by its Director, Syed Tazammul Hussain a Rule Nisi under Article 102(2)(a)(ii) of the Constitution of the People's Republic of Bangladesh was issued upon the respondent General Certificate Officer, Collectorate Building, Comill...... MM Enterprise Limited, 224, Bara Maghbazar, Dhaka, represented by its Director, Syed Tazammul Hussain……………Petitioner Vs. General Certificate Officer, Collectorate Building, Comilla and another…………….Respondents Judgment December 2, 1992. Lawyers Involved: Abd......sdiction) Present: AKM Sadeque J Mainur Reza Chowdhury J MM Enterprise Limited, 224, Bara Maghbazar, Dhaka, represented by its Director, Syed Tazammul Hussain……………Petitioner Vs. General Certificate Officer, Collectorate Building, Comilla and another…………….Respon..

Category: Civil Law | Date: | Hits: 99

Tarique Rahman Vs. Government of Bangladesh, 2011, 40 CLC (AD)

....Ali J Muhammad Mamtaz Uddin Ahmed J Md. Shamsul Huda J Tarique Rahman………………………………………………………………………………………..Petitioner Vs. Government of Bangladesh, represented by the Secretary, Ministry of Law, Justice and Parliamentary A......mad Mamtaz Uddin Ahmed J Md. Shamsul Huda J Tarique Rahman………………………………………………………………………………………..Petitioner Vs. Government of Bangladesh, represented by the Secretary, Ministry of Law, Justice and Parliamentary Affairs, Bangla......……………………………………………………………………………………..Petitioner Vs. Government of Bangladesh, represented by the Secretary, Ministry of Law, Justice and Parliamentary Affairs, Bangladesh Secretariat, Ramna, Dhaka and others…Respondents Judgment...... Imman Ali J Muhammad Mamtaz Uddin Ahmed J Md. Shamsul Huda J Tarique Rahman………………………………………………………………………………………..Petitioner Vs. Government of Bangladesh, represented by the Secretary, Ministry of Law, Justice and Parliame..

Category: Civil Law | Date: | Hits: 238

AKM Mohinus Saleh & others Vs. State, 1992, 21 CLC (HCD)

....l of the same proceeding under section 339D of the Code of Criminal Procedure suo motu without having any material for such revival before the court and without any application filed on behalf of the Government by the public prosecutor is bad in law and hence the proceeding cannot be allowed to cont......nt Habibur Rahman Khan J.- On an application under section 561A of the Code of Criminal Procedure filed by AKM Mohinus Saleh, the then Manager, Jessore Krishi Bank and thereafter a Senior Officer, Bangladesh Krishi Bank, Comilla and 2 others, a Rule was issued by this Court on 8.8.1989 calling up......……………Opposite Party Judgment August 31, 1992. Cases Referred To- Hoshear Singh Vs. The State, AIR 1988 Punjab 312; Hamdeo Sudhi Vs. The State, AIR 1958 Orissa 20; Superintendent and Remembrancer of Legal Affairs, WB Vs. Mohan Singh & others, AIR 1975 (SC) 1002; Md. Shafiqul...... Court Division (Criminal Revisional jurisdiction) Present: Habibur Rahman Khan J Muhammad Abdul Mannan J AKM Mohinus Saleh & others…………………Accused‑Petitioners. Vs. State…………………Opposite Party Judgment August 31, 1992. Cases Referred To..

Category: Criminal Law | Date: | Hits: 80

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......ioners Vs. Bashiruddin & others................Opposite Parties Judgment November 18, 1991. Cases Referred To- Abdur Rahman vs Mokles Ali, 31 DLR (AD) 118; Lebu Mia Vs. Gonesh Chandra Nath, 34 DLR 220; Abdur Rahman Vs. Baser Ali, 21 DLR 599; 24 DLR (AD) 220; Jatindra Chandra Ur......CD) (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......n (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 January 8, 1992. Cases Referred To......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..

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......Present: Mohammad Ismailuddin Sarker J Mohammad Badruzzaman J Fazlul Karim………………….Appellant Vs. Agrani Bank, represented by the Chairman, Board of Directors, Agrani Bank and ors…………………….Respondents Judgment November 3, 1991. Cases Referred To- ......375. ..

Category: Employment/Service Law | Date: | Hits: 71

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