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Government of Bangladesh and others Vs. Excellent Corporation, 2010, 39 CLC (AD)

....(2011) 190. ......ants Vs. Excellent Corporation…………………………............Respondent Judgment July 15, 2010. Cases Referred To- Sassoon & Co. Vs. CIT Bombay City, AIR 1954 SC 470; Bangladesh Power Development Board Vs. Muhammad Asaduzzaman Sikder, 9 BLC (AD) 1. Lawyers Involve...... Present: Mohammad Fazlul Karim CJ Md. Abdul Matin J ABM Khairul Haque J Md. Muzammel Hossain J Surendra Kumar Sinha J Government of Bangladesh and others..........Appellants Vs. Excellent Corporation…………………………............Respondent Judgment July......Ed. This Case is also Reported in: 63 DLR (AD) (2011) 148, 16 MLR (AD) (2011) 433, 8 LG (AD) (2011) 190. ..

Category: Business or Commercial Law | Date: | Hits: 267

Bangladesh and another Vs. Md. Abdul Karim, 2011, 40 CLC (AD)

.... (2), but not later than 6(six) months, if the appellant satisfies it that he had sufficient cause for not preferring the appeal within three months. 9. Section 12 of the Act has provided that the Government may, by notification in the official gazette, make rules for carrying out the purpose of ......Civil) Present: Md. Muzammel Hossain CJ Surendra Kumar Sinha J Md. Abdul Wahhab Miah J Nazmun Ara Sultana J Syed Mahmud Hossain J Md. Imman Ali J Md. Mamtaz Uddin Ahmed J Bangladesh and another..........................Petitioners Vs. Md. Abdul Karim.....................r Sinha J Md. Abdul Wahhab Miah J Nazmun Ara Sultana J Syed Mahmud Hossain J Md. Imman Ali J Md. Mamtaz Uddin Ahmed J Bangladesh and another..........................Petitioners Vs. Md. Abdul Karim.......................................Respondent Judgment May 22, 2011......is also Reported in: 63 DLR (AD) (2011) 143, 31 BLD (AD) (2011) 117, 8 LG (AD) (2011) 159, 16 MLR (AD) (2010) 361, VIII ADC (2011) 589. ..

Category: Administrative Law | Date: | Hits: 181

Mohiuddin Ahmed and others Vs. Lutfur Rahman and another, 1990, 19 CLC (HCD)

....e petitioner No.1. In the said agreement respondent No.1 also took the responsibility to take over all the liabilities of the company which were with the Ministry of Industries, Collector of Customs, Government of the People's Republic of Bangladesh, Bangladesh Shilpa Bank, Investment Corporation of......t respondent No.1 also took the responsibility to take over all the liabilities of the company which were with the Ministry of Industries, Collector of Customs, Government of the People's Republic of Bangladesh, Bangladesh Shilpa Bank, Investment Corporation of Bangladesh, Pubali Bank Ltd., Bank of ...... 44 DLR (HCD) (1992) 48. ......o- Sirish Chandra Das Vs. Sri Sri Chhatteswari Debi Bigraha, 38 DLR (AD) 283; AR Shaw Vs. The Diamond Rock Boring Company Ltd., 1877 QB Division (Vol. 11) 463; United Planters and Traders Ltd. Vs. Md. Mosharraf Hossain Khan, 34 DLR 343; M/s Anath Bandhu Guha & Sons Ltd., 7 PLR (Dac) 159; Nath..

Category: Company Law | Date: | Hits: 159

Syed Mokbul Hossain Vs. Government of Bangladesh, 1990, 19 CLC (HCD)

.... 39. ...... Court High Court Division (Special Original Jurisdiction) Present: Mohammad Abdur Rouf J Mahmudul Amin Choudhury J Syed Mokbul Hossain…………Petitioner Vs. Government of Bangladesh, represented by the Secretary of Home Affairs, Bangladesh Secretariat, Dhaka and others ....... (1992) 39. ......a Ameer Haider Khan, PLD 1987 (SC) 504; Schmidt Vs. Secretary of State, (1969) 2 ChD 149; (1969) All ER 904. Lawyers Involved: Aminul Huq, with Nizamul Huq, Advocates ‑For the Petitioner. Md. Delwar Hossain, Assistant Attorney General with Mrs. Hosne Ara Ahsan, Assistant Attorney‑Gener..

Category: Constitutional Law | Date: | Hits: 288

Mohammad Mofizuddin Vs. Mohammad Firoj Alam and another, 1991, 20 CLC (HCD)

....akati against the Chairman and the Controller of Examinations, Board of Intermediate and Secondary Education, Jessore as defendant Nos.1 and 2 as well as Mr. Derajuddin Ahmed, Headmaster of Jhalakati Government High School and Secretary, Jhalakati Secondary School Certificate Examination Centre Comm......of such a power. The Rule is, therefore, made absolute without, however, any order as to costs and the impugned order is set aside. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 36. ......HCD) (1992) 36. ......��.Opposite Parties Judgment July 31, 1991. Case Referred to- Secretary of State Vs. Mask, AIR 1940 PC 105. Lawyer Involved: S A M Mahbub Elahi, Advocate ‑ For the Petitioner. Md. Mostafa, Advocate Party ‑ For the Opposite Party. Civil Revision No.818 of 1990 (Dhaka) ..

Category: Civil Law | Date: | Hits: 84

Sadharan Bima Corporation Vs. Philoship Co. S A, 1990, 19 CLC (HCD)

....of the case as stated above, I find no merit in the present suit and as such it is dismissed on contest without any order as to costs. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 31. ......cepting life insurance through itself and through its zonal and branch offices. The defendant Nos.1 and 2 are the owners of MV Hios flying Greek colours and the defendant No.3 is their local agent in Bangladesh. The, defendant No.4 is the owner of coaster vessel namely, MV Zahirabad which was insure......Reported in: 44 DLR (HCD) (1992) 31. ......s dismissed on contest without any order as to costs. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 31. ..

Category: Admiralty Law or Maritime Law | Date: | Hits: 177

Bangladesh Mukti Judda Kallyan Trust Vs. Nurul Hossain and others, 1990, 19 CLC (HCD)

....injunction did not give details of the background. The appellant before this Court namely, Bangladesh Mukti Judda Trust claimed the said property by purchase. They claim to have purchased it from the Government and hence have every right to sell and dispose of the said property as owner and the plai....... This Case is also Reported in: 44 DLR (HCD) (1992) 22. ...... (Civil Appellate Jurisdiction) Present: Anwarul Haque Chowdhury J Kazi Ebadul Hoque J Bangladesh Mukti Judda Kallyan Trust…………………………………………Appellant Vs. Nurul Hossain and others……………………………………..Respondents Judgment ......rs……………………………………..Respondents Judgment December 18, 1990. Case Referred to- Abdul Jalil Munshi Vs. Abu Bakar Siddique, 35 DLR (AD) 42. Lawyers Involved: Md. Hannan with MA Rashid and M Khaled Ahmed, Advocates ‑ For the Appellant. Md. Nurul Huq with..

Category: Property Law | Date: | Hits: 389

Fazle (Md) Rabbi and others Vs. Election Commissioner, 1991, 20 CLC (HCD)

....g not to make and subscribe oath or affirmation prescribed for a member of Parliament could stop the Parliament from being established and from functioning and could prevent the country from having a Government in accordance with the Constitution. This is thus an absurd argument devoid of any sense.......f the Parliament respondents in the petition). 2. Clause (3) of Article 65 of the Constitution as amended by the Constitution (10th Amendment) Act, 1990 (Act No. XXXVIII of 1990) (published in the Bangladesh Gazette on June 23, 1990) reads as follows: "Amendment of Article 65 of the Constituti......sion (Special Original Jurisdiction) Present: Fazle Hussain Mohammad Habibur Rahman J Mainur Reza Chowdhury J Fazle (Md) Rabbi and others …………………………Petitioners Vs. The Election Commissioner, Shere Bangla Nagar, Dhaka…………..……………Respondents ...... the Petitioners. Abdul Wadud Bhuiyan, Additional Attorney‑General‑For the Respondent. Writ Petition No.465 of 1991. Judgment Fazle Hussain Mohammad Habibur Rahman J.- The petitioners Md. Fazle Rabbi (MP from NA‑33, Gaibandha‑5), Manirul Haque Chowdhury (MP from NA -265, Comilla�..

Category: Constitutional Law | Date: | Hits: 164

Anisul Islam Mahmood and others Vs. Government of Bangladesh, 1991, 20 CLC (HCD)

....am Mahmood…………………………….Petitioner (Writ Petition No.767 of 1991) Sarder Amjad Hossain……………………………..Petitioner (Writ Petition No.947 of 1991) Vs. The Government of the People's Republic of Bangladesh represented by the Secretary, Ministry of Home Aff......�….Petitioner (Writ Petition No.767 of 1991) Sarder Amjad Hossain……………………………..Petitioner (Writ Petition No.947 of 1991) Vs. The Government of the People's Republic of Bangladesh represented by the Secretary, Ministry of Home Affairs and another………………Respo...... Anisul Islam Mahmood…………………………….Petitioner (Writ Petition No.767 of 1991) Sarder Amjad Hossain……………………………..Petitioner (Writ Petition No.947 of 1991) Vs. The Government of the People's Republic of Bangladesh represented by the Secretary, Ministry ......ple's Republic of Bangladesh and others, Writ Petition No.882 of 1991. Lawyers Involved: Rokonuddin Mahmood with Murad Reza, Advocates‑For the Petitioner (In Writ Petition No.767 of 1991.) Md. Monsurul Huq Chowdhury, Advocate‑For the Petitioner (In Writ Petition No. 947 of 1991.) Ami..

Category: Criminal Law | Date: | Hits: 88

Bangladesh Vs. Anisur Rahman and another, 2011, 40 CLC (AD)

....24.03.2009 passed in Writ Petition No.10371 of 2006. It was asserted in the said review application that the opposite party Nos.1 and 2 filed the Writ Petition No.10371 of 2006 against the respondent Government, challenging the inaction of the respondents to implement their decision contained in M......Reported in: VIII ADC (2011) 383. ...... Syed Mahmud Hossain J Bangladesh, represented by the Secretary, Ministry of Housing and Public Works, Bangladesh Secretariat, Police Station-Ramna, Dhaka and others...........Petitioners Vs. Anisur Rahman and another ...............................................Respondents Order......nt shall file the concise statement positively. Ed. This Case is also Reported in: VIII ADC (2011) 383. ..

Category: Property Law | Date: | Hits: 85

Abdus Salam Vs. Hafez Ahmed and others, 2011, 40 CLC (AD)

....nd the same was under adverse possession of Abdul Aziz son of Hamid Baksha and Abdul Fattah son of Munshi Ali Baksha for more than the statutory period of limitation. That during C.S. operation the Government enlisted the suit land as Nayabad Mohal and as per possession of Abdul Aziz and Abdul Fat......h. Preparation of paper book is dispensed vim as prayed for. Parties are directed to maintain status-quo till disposal of the appeal. Ed. This Case is also Reported in: VIII ADC (2011) 370....... Appellate Division (Civil) Present: Shah Abu Nayeem Mominur Rahman J Nazmun Ara Sultana J Abdus Salam being dead his legal heirs:-1(a) Rezia Begum and others .........Petitioners Vs. Hafez Ahmed and others ……………………………………………………………�......le of res-judicata. The positive case of the defendant Nos.1-4, in short, is that the suit property which is known as "Burrer Pukur" was recorded in Moghi Chita Survey as Plot No.699 under Taraf Syed Md. Arshad. That Azmatullah and Mujibullah became the tenants under Taraf through settlement. That f..

Category: Property Law | Date: | Hits: 77

Mohammad Mahbubur Rahman Vs. G.M Mostafa and another, 2011, 40 CLC (AD)

.... 28.02.2010 passed by the High Court Division in Contempt Petition No. 156 of 2009 and 83 of 2009 be stayed till disposal of the appeals. Ed. This Case is also Reported in: VIII ADC (2011) 361. ......a, as follows: i. The judgment-decision-order dated 06.04.1997 (Schedule-1) made in Settlement Case No.268 of 1995 obtained by the defendant, by practicing fraud upon the1st Court of Settlement, Bangladesh Abandoned Building, Segunbagicha, Dhaka for exclusion of House No. 205 Road No. 21, Dhanm...... Md. Mozammel Hassain J Surendra Kumar Sinha J Md. Abdul wahhab Miah J Syed Mahhmud Hossain J Imman Ali J Mohammad Mahbubur Rahman…….............Petitioners (In both the cases) Vs. G.M Mostafa and another…........Respondents (In Civil Petition No. 655 of 2010) Shanaz ......83 of 2009 be stayed till disposal of the appeals. Ed. This Case is also Reported in: VIII ADC (2011) 361. ..

Category: Others | Date: | Hits: 118

Zakir Hossain and another Vs. Md. Yousuf Kabir and another, 2011, 40 CLC (AD)

....its-2 and 2(Ka) are also forged papers and the claim of title of the plaintiffs falls through. 12. The learned Counsel further submits that the finding that the certificate case was filed by the Government for arrears of rent in Certificate Case No.660 of 1952-53 while exhibits 2 and 2(Ka) show...... of the court of Joint District Judge, 2nd Court, Dhaka both arising out of Title Suit No.59 of 1994 be stayed till disposal of the appeal. Ed. This Case is also Reported in: VIII ADC (2011) 344.......(Civil) Present ABM Khairul Haque CJ Surendra Kumar Sinha J Nazmun Ara Sultana J Syed Mahmud Hossain J Zakir Hossain and another…………........................Petitioners Vs. Md. Yousuf Kabir and another………………………….... Respondents Order March ...... Present ABM Khairul Haque CJ Surendra Kumar Sinha J Nazmun Ara Sultana J Syed Mahmud Hossain J Zakir Hossain and another…………........................Petitioners Vs. Md. Yousuf Kabir and another………………………….... Respondents Order March 14, 201..

Category: Property Law | Date: | Hits: 72

Public Service Commission Vs. Mohammad Sohel Rana and others, 2010, 39 CLC (AD)

....eady been appointed in the service after the second viva voce examination will also remain in their service and the seniority of the petitioners will be determined in accordance with law. (3) The Government is hereby directed to appoint the petitioners within 3(three) months from the date of rec......CJ Md. Abdul Matin J Shah Abu Nayeem Mominur Rahman J ABM Khairul Haque J Md. Muzammel Hossain J Surendra Kumar Sinha J The Public Service Commission, represented by its Chairman, Bangladesh Public Service Commission Secretariat, Dhaka and others..............Petitioners (In Civi......f 2010) People's Republic of Bangladesh, represented by the Secretary, Ministry of Establishment, Bangladesh Secretariat, Dhaka and others........Petitioners (In Civil Petition No.513 of 2010) Vs. Mohammad Sohel Rana and others……………………………….Respondents (In Civil Peti......ns are disposed of with the above observation. Ed. This Case is also Reported in: VIII ADC (2011) 332. ..

Category: Constitutional Law | Date: | Hits: 247

Nasirul Islam Vs. Bangladesh and others, 2011, 40 CLC (HCD)

....to take back his original title documents those have been annexed with the writ petition substituting photocopies thereof. Nazmun Ara Sultana J.- I agree. Ed. This Case is also Reported in: ......inal Jurisdiction) Present: Nazmun Ara Sultana J Md. Ruhul Quddus J Nasirul Islam, since deceased substituted by his legal heirs Mrs. Mily Khan and others ...........Petitioners Vs. Bangladesh and others ……………….........Respondents Judgment January 27, 2011. The......al Original Jurisdiction) Present: Nazmun Ara Sultana J Md. Ruhul Quddus J Nasirul Islam, since deceased substituted by his legal heirs Mrs. Mily Khan and others ...........Petitioners Vs. Bangladesh and others ……………….........Respondents Judgment January 27, 2011....... thereof. Nazmun Ara Sultana J.- I agree. Ed. This Case is also Reported in: ..

Category: Civil Law | Date: | Hits: 85

Bangladesh Hastashilpa Samabaya Federation Ltd. Vs. Bangladesh, 1992, 21 CLC (HCD)

....dul Jalil J Mohammad Fazlul Karim J Bangladesh Hastashilpa Samabaya Federation Ltd. (KARIKA)………………..Petitioner Vs. Bangladesh, represented by the Secretary, Ministry of Local Government, Rural Development and Co‑operatives, Bangladesh Secretanat, Dhaka and others ............... Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 324....... Division (Special Original Jurisdiction) Present: Md. Abdul Jalil J Mohammad Fazlul Karim J Bangladesh Hastashilpa Samabaya Federation Ltd. (KARIKA)………………..Petitioner Vs. Bangladesh, represented by the Secretary, Ministry of Local Government, Rural Development and...... There will, however, be no order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 324...

Category: Others | Date: | Hits: 136

State Vs. Nurul Hoque and another, 1992, 21 CLC (HCD)

....d the matter of the death penalty has been referred to this Court by the learned Court below under section 374 Cr.P.C. 6. In the instant case the condemned prisoner being absconding all along, the Government appointed Mr. AKM Zahirul Huq, a learned Advocate of this Court, to defend the condemned ......be set at liberty at once, if not wanted in connection with any other case. The death penalty, as held herein before, is affirmed. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 306. ......n: 45 DLR (HCD) (1993) 306. ...... is affirmed. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 306. ..

Category: Criminal Law | Date: | Hits: 76

Chand Miah Talukder Vs. Chairman, Court of Settlement, 1993, 22 CLC (HCD)

....bove after giving reasonable opportunity to the parties concerned of being heard and also adducing evidence, both oral and documentary. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 304.......Court Division (Special Original Jurisdiction) Present: Naimuddin Ahmed J Mohammad Gholam Rabbani J Chand Miah Talukder............Petitioner Vs. Chairman, Court of Settlement, Bangladesh Abandoned Building, Segunbagicha, Dhaka and others……….....Respondents Judgmen......CD) (1993) 304..........Petitioner Vs. Chairman, Court of Settlement, Bangladesh Abandoned Building, Segunbagicha, Dhaka and others……….....Respondents Judgment March 30, 1993. Lawyers Involved: Md. Fazlul Karim, Advocate ‑ For the Petitioner. AK Mujibur Rahman, Deputy Attorney General ‑..

Category: Procedural Law | Date: | Hits: 59

Mohsin Kabir (Rupan) Vs. Government of the People's Republic of Bangladesh and others, 1991, 20 CLC (HCD)

....t High Court Division (Special Original Jurisdiction) Present: Fazle Hussain Mohammad Habibur Rahman J KM Hasan J Mohsin Kabir (Rupan).........................Petitioner Vs. Government of the People's Republic of Bangladesh and others……………………Respondents J......riginal Jurisdiction) Present: Fazle Hussain Mohammad Habibur Rahman J KM Hasan J Mohsin Kabir (Rupan).........................Petitioner Vs. Government of the People's Republic of Bangladesh and others……………………Respondents Judgment July 18, 1991. Cases Refe......me Court High Court Division (Special Original Jurisdiction) Present: Fazle Hussain Mohammad Habibur Rahman J KM Hasan J Mohsin Kabir (Rupan).........................Petitioner Vs. Government of the People's Republic of Bangladesh and others……………………Responden......ngladesh and others……………………Respondents Judgment July 18, 1991. Cases Referred To- Abdul Khaleq Bains and others Vs. Government of Bangladesh and others, 1987 BLD (AD) 121; Md. Ayub Vs. Bangladesh, BCR 1987 AD 350. Lawyers Involved: Abdul Basel Mazumder with Zainal A..

Category: Property Law | Date: | Hits: 86

Mahinuddin (Md) and others Vs. Controller of Examination, Dhaka University and others, 1991, 20 CLC (HCD)

....o.1560 of 1991) Vs. Controller of Examination, Dhaka University and others.......................Respondent Judgment November 6, 1991. Cases Referred To- Messers Farid Sons Ltd. Vs. Government of Pakistan, PLD 1961 (SC) 537; Chief Commissioner Karachi Vs. Mrs. Dina Sohrah Katrak, P...... lawful authority and the same are of no legal effect. In the result, both the Rules are made without however any order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 292....... Mahinuddin (Md) and others .....................Petitioners (In Writ Petition No.868 of 1991) Kabita Rani Hajra .................................Petitioner (In Writ Petition No.1560 of 1991) Vs. Controller of Examination, Dhaka University and others.......................Respondent Ju......9 (SC) 45; Gopi Vs. Himachal Pradesh Government, AIR 1966 Him. 8 (V 53 C 3); Stuart Vs. Anderson and Morrison, 2 All ER 665 at page 671. Lawyers Involved: Amirul Islam with Kazi Shahabuddin and Md. Nurul Huda and Shirin Ahmed Chowdhury, Advocate ‑ For the Petitioners (In Writ Petition No.868..

Category: Others | Date: | Hits: 153

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