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Agragami Engineers Ltd. Vs. Bangladesh Bank and others, 1992, 21 CLC (HCD)
....empowering an executive authority exercising a power giving a right or taking away a privilege as enjoined by law and any act and exercise of power even if it arises out of a contract executed by the Government executive authorities must be presumed to be exercised fairly reasonably in the ably in t......134.......(1993) 134.......bound by the submission. In the result, this Rule is discharged with the observations as stated above without any order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 134...Category: Others | Date: | Hits: 123
Md. Riaz Uddin Khan and another Vs. Mahmudur Rahman and others, 2010, 39 CLC (AD)
..... He goes on saying that for securing the administration of justice, it is imperative that the orders of the Chamber Judge should be evaluated. It is also remarked that stay orders passed against the Government are being stayed rampantly and the tendency is increasing in a galloping way for the last......ices were issued upon the respondents to show case as to why they should not be proceeded with and prosecuted for committing contempt of this Court for scandalising the Judges of the Supreme Court of Bangladesh by publishing false, motivated, malicious and contemptuous commentary in the issue of Ama......ivision (Contempt Petition) Present ABM Khairul Haque CJ Md. Muzammel Hossain J Surendra Kumar Sinha J Md. Riaz Uddin Khan and another ……………..............Petitioners Vs. Mahmudur Rahman and others……………………………….Respondents Judgment Oct......off the charge with the above observations. This Case is also Reported in: 8 LG (AD) (2011) 122. ..Category: Criminal Law | Date: | Hits: 124
Sarwar Hossain Moni Vs. State and another, 2011, 40 CLC (AD)
....rrived at a correct decision. We, therefore, find no reason to interfere with the same. These petitions are accordingly dismissed. Ed. This Case is also Reported in: 16 BLC (AD) (2011) 71. ......ns are disposed of analogously by this order. 2. For our convenience we would like to narrate facts in Criminal Petition No.478 of 2010. The petitioner issued a Cheque on 30th April, 2008 drawn on Bangladesh Commerce Bank Limited, Bangshal Branch in favour of the respondent No. 2 which was presen......ate Division (Criminal) Present ABM Khairul Haque CJ Md. Muzammel Hossain J SK Sinha J Sarwar Hossain Moni..........................................Petitioner (In both the cases) Vs. State and another.............................................Respondents (In both the cases...... Ed. This Case is also Reported in: 16 BLC (AD) (2011) 71. ..Category: Criminal Law | Date: | Hits: 118
Privatization Commission Vs. Golam Mostafa and others, 2011, 40 CLC (AD)
....the judgment and order dated 14-1-2009 passed by the High Court Division in Writ Petition No. 5258 of 2001). Judgment SK Sinha J. - This appeal, by leave, has arisen out the following facts: Government could not run Deshbandhu Sugar Mills (the Mills) properly because of multifarious diffi......ing facts: Government could not run Deshbandhu Sugar Mills (the Mills) properly because of multifarious difficulties. In 1983, the Government of Denmark sanctioned a grant to the Government of Bangladesh to the tune of 200 million Danish Crooner out of which 65 million was allocated to the Ba......1) 239. ...... Ed. This Case is also Reported in: 16 BLC (AD) (2011) 67, 31 BLD (AD) (2011) 173, 16 MLR (AD) (2011) 239. ..Category: Civil Law | Date: | Hits: 90
Shoaib (Md.) Vs. Uttara Bank Ltd. and another, 1990, 19 CLC (HCD)
.... was promulgated and by that Presidential Order all schedule banks including the aforesaid Eastern Banking Corporation were nationalised and it was renamed as 'Uttara Bank’. 3. Subsequently, the Government of Bangladesh decided to dis‑invest Uttara Bank to the public and shareholder of erstwh......litical unrest started in the country and during the whole year of 1971 the petitioner was unable to make his name entered in the share register of the company as a share‑holder. After emergence of Bangladesh President's Order No. 26 of 1972 was promulgated and by that Presidential Order all sched......in: 43 DLR (1991) 329. ...... of the same duly certified by the learned Advocate. Ed. This Case is also Reported in: 43 DLR (1991) 329. ..Category: Company Law | Date: | Hits: 175
Saifur Rahman Vs. Government of Bangladesh, 1990, 19 CLC (HCD)
....n (Special Original Jurisdiction) Present: Bimalendu Bikash Roy Chowdhury J Naimuddin Ahmed J Saifur Rahman………………………………………………..Petitioner. Vs. Government of Bangladesh, represented by the Secretary, Ministry of Land Administration and Land R......Original Jurisdiction) Present: Bimalendu Bikash Roy Chowdhury J Naimuddin Ahmed J Saifur Rahman………………………………………………..Petitioner. Vs. Government of Bangladesh, represented by the Secretary, Ministry of Land Administration and Land Reforms, Dhak......Division (Special Original Jurisdiction) Present: Bimalendu Bikash Roy Chowdhury J Naimuddin Ahmed J Saifur Rahman………………………………………………..Petitioner. Vs. Government of Bangladesh, represented by the Secretary, Ministry of Land Administration and......d 19.11.86 as at Annexure 'H' and Tare declared to be without lawful authority and are of no legal effect. There is no order as to cost. Ed. This Case is also Reported in: 43 DLR (1991) 210. ..Category: Property Law | Date: | Hits: 63
Abdul Awal Mia (Md.) Vs. Sonali Bank & others, 1990, 19 CLC (HCD)
....nd decree of the learned Subordinate Judge are set aside and the suit is dismissed on contest against the added defendant No. 3 without cost. Ed. This Case is also Reported in: 43 DLR (1991) 201.......t the said Manager with the help of duplicate keys in his custody about which this defendant was kept in dark and in collusion with the guard defalcated the said amount. 4. The defendant No. 2 the Bangladesh Insurance filed a written statement stating that this defendant would not contest the sui......(1991) 201....... Case is also Reported in: 43 DLR (1991) 201...Category: Civil Law | Date: | Hits: 82
Dildar Hossain and another Vs. Md. Sharif Hossain and others, 1990, 19 CLC (HCD)
....quently inducted one Khalilur Rahman and others as sub‑tenants; that the Deputy Commissioner, Dhaka requisitioned the said property in LA case No. 2237 of 1973 and 1268 of 1976 for accommodation of Government employees and then allotted the same to Md. Sharif Hossain, plaintiff No. 1 (Opposite Par......f fresh service of summons upon the cited witnesses is allowed. Let a copy of this order be transmitted to the Court concerned immediately. Ed. This Case is also Reported in: 43 DLR (1991) 196. ......e Court High Court Division (Civil Revisional Jurisdiction) Present: ARM Amirul Islam Chowdhury J Muhammad Ansar Ali J Dildar Hossain and another......................Petitioner Vs. Md. Sharif Hossain and others..................Opposite Party. Judgment May 23, 1990. ...... High Court Division (Civil Revisional Jurisdiction) Present: ARM Amirul Islam Chowdhury J Muhammad Ansar Ali J Dildar Hossain and another......................Petitioner Vs. Md. Sharif Hossain and others..................Opposite Party. Judgment May 23, 1990. Lawy..Category: Property Law | Date: | Hits: 78
Deputy General Manager, Rupali Bank Ltd. Vs. Shah Jalal and others, 1990, 19 CLC (HCD)
....decision by the Trial Court on very independent issues without making any piecemeal of them." The Rule is, accordingly, discharged without Ed. This Case is also Reported in: 43 DLR (1991) 193....... It is against this order the contesting defendant has obtained the present rule. 3. It is submitted on behalf of the petitioner that Article 117(2) of the Constitution of the People's Republic of Bangladesh provides that when an Administrative Tribunal is established no court shall entertain any......1991) 193.......y General Manager, Rupali Bank Ltd............Petitioner Vs. Shah Jalal and others.......................................Opposite‑Parties. Judgment May 15, 1990 Case Referred to- Md. Shahabuddin Vs. Janata Bank & others, 41 DLR 94. Lawyers Involved: Hemayetuddin Ahmed ..Category: Employment/Service Law | Date: | Hits: 64
Habibullah Chowdhury (Md.) Vs. Rajdhani Unnayan Kartipakhho and another, 1990, 19 CLC (HCD)
....the Building Construction Act, 1952 with effect from 10.11.86 under the memo repealed section 7 of the Act the respondents could not remove any building by using force and they had to‑ apply to the Government for such removal. By empowering the respondents to remove any building or fill up any tan...... to costs and the order of stay passed by this Court is vacated. Let a copy of the judgment be served on the respondents for future guidance. Ed. This Case is also Reported in: 43 DLR (1991) 187.......vision (Special Original Jurisdiction) Present: Fazle Hussain Mohammad Habibur Rahman J Kazi Ebadul Hoque J Habibullah Chowdhury (Md.) ....................................Petitioner Vs. Rajdhani Unnayan Kartipakhho and another ..............Respondents. Judgment August 30,......d in: 43 DLR (1991) 187...Category: Property Law | Date: | Hits: 77
Idris Mia (Md.) Vs. Promode Ranjan Das & others, 1992, 21 CLC (HCD)
....tion of law I find that the application for pre‑emption has been rightly allowed. The rule is, therefore, disclosed without costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 127.......or but in its cause title the profession of the pre‑emptor is clearly stated as "গৃহস্থী" the dictionary meaning of which is a "house holder" but in the context of the village life in Bangladesh and in a wider sense it includes a cultivator also. If the purchaser pre‑emptee intende...... is also Reported in: 45 DLR (HCD) (1993) 127.......losed without costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 127...Category: Property Law | Date: | Hits: 72
Ismail Mohammad Vs. Motasim Ali Chowdhury, 1993, 22 CLC (HCD)
....record. The learned Advocate may move an application before the trial Court, if so advised. Accordingly the application is disposed of. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 123..........Petitioner Vs. Motasim Ali Chowdhury...................... ....Opposite Party Judgment January 13, 1993. Cases Referred To- Alokeshi Banik Vs. Aftabuddin, PLD 1963 Dhaka 87; M/s. Bangladesh Rubber Industries Vs. Lutfunnessa, 1983 BLD (AD) 220; Shamsul Huque alias Ratan Mia Vs. S......rted in: 45 DLR (HCD) (1993) 123.......1983 BLD (AD) 220; Shamsul Huque alias Ratan Mia Vs. Shaukat Ali alias Babul Bhuiyan and others, BCR 1985 (AD) 4538 DLR 265. Lawyers Involved: Mahammadullah, Advocate ‑ For the Petitioner. Md. Hannan with M. Khaled Ahmed, AK Ali, Advocates ‑ For the Opposite Party. Civil Revision No...Category: Property Law | Date: | Hits: 79
Abul Kasem Talukder Vs. Shamsul Hoque Shawdagar, 1991, 20 CLC (HCD)
....elected. 3. In his election petition opposite party No.1 alleged that as many as 6 pulling stations were originally fixed at Barakata High School, Chinamura High School, Naiar, Chandra‑Shekhardi Government Primary School, Chakratala Government Primary School and Chashai Primary School fixed for......a having secured 8214 votes. There were three other contestants including Opposite Party No.1 who polled the second highest number of votes i.e. 5896 votes. After the publication of the result in the Bangladesh Gazette on 20.5.88 Opposite Party No.1 presented an election petition marked as Election ...... 45 DLR (HCD) (1993) 121. ......he election of the petitioner as being void is set aside and the election petition dismissed without, however, any order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 121. ..Category: Election Law | Date: | Hits: 129
Mahbubur Rahman Khan @ Tipu Vs. State, 1993, 22 CLC (HCD)
....pugned judgment. In the result, the appeal is dismissed. Let the LC Record of the case be sent down to the Court below at once. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 117. ......pugned judgment. In the result, the appeal is dismissed. Let the LC Record of the case be sent down to the Court below at once. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 117. ......7. ......January 19, 1993. Cases Referred To- Pair Baksha Vs. State, 27 DLR 251; Gaziur Rahman Vs. The State, BCR 1990 (BCD) 236. Lawyers Involved: MM Hyder Ali, Advocate ‑ For the Appellant. Md. Enamul Hoque, Advocate ‑ For the State. Criminal Appeal No. 2097 of 1991. Judgment Ka..Category: Criminal Law | Date: | Hits: 75
Meghna Petroleum Limited Vs. Commissioner of Taxes, 1992, 21 CLC (HCD)
.... others, 98 ITR 39 and the case of Polisetti Narayana Rao Vs. Commissioner of Income Tax, Hyderabad, 29 ITR 222. Mr. Huq also points out to us that the applicant‑company is fully “owned” by the Government and is a subsidiary company of Bangladesh Petroleum Corporation. He further submits that ......ti Narayana Rao Vs. Commissioner of Income Tax, Hyderabad, 29 ITR 222. Mr. Huq also points out to us that the applicant‑company is fully “owned” by the Government and is a subsidiary company of Bangladesh Petroleum Corporation. He further submits that if the stay order is granted there would b......t High Court Division (Special Statutory Jurisdiction) Present: AM Mahmudur Rahman J Syed JR Mudassir Husain J Meghna Petroleum Limited.. ................Applicant‑Petitioner Vs. Commissioner of Taxes (East Zone) presently Taxes Zone 3, Dhaka……………….Respondent-...... ITR 39; Polisetti Narayana Rao Vs. Commissioner of Income Tax, Hyderabad, 29 ITR 222; ITO Vs. Mohammad Kunhi, 71 ITR (SC) 815. Lawyers Involved: Rafiqul Huq, Advocate ‑ For the Applicant. Md. Moksudur Rahman, Advocate ‑ For the Respondent. Application No.133 of 1991. Judgment ..Category: Fiscal/Taxation Law | Date: | Hits: 98
State Vs. Md. Monirul Islam alias Nirab and others, 2011, 40 CLC (AD)
....rate forthwith. With this direction, the petition is disposed of. Ed. This Case is also Reported in: 16 BLC (AD) (2011) 53, 19 BLT (AD) (2011) 144, 8 LG (AD) (2011) 168, VIII ADC (2011) 620. ......ver lies with the legislature and the Courts are not in a position to give any relief to such a person if there is no provision is law entitling them to admit him to bail." 27. After liberation of Bangladesh, the Code of Criminal Procedure was amended by the Law reforms Ordinance, 1978 (Ordinance...... Appellate Division (Criminal) Present ABM Khairul Haque CJ Md. Muzammel Hossain J SK Sinha J State...................................................................Petitioner Vs. Md. Monirul Islam alias Nirab and others..................Respondents Judgment January......also Reported in: 16 BLC (AD) (2011) 53, 19 BLT (AD) (2011) 144, 8 LG (AD) (2011) 168, VIII ADC (2011) 620. ..Category: Criminal Law | Date: | Hits: 89
Moazzem Hossain Chowdhury (Md.) Vs. Bangladesh, 1990, 19 CLC (HCD)
....on) Present: DM Ansaruddin Ahmed J Abdul Hasib J Moazzem Hossain Chowdhury (Md.).................... Petitioner Vs. Bangladesh represented by the Secretary, Ministry of Home Affairs Government of Bangladesh and others.......................Respondents. Judgment August 15, 199......preme Court High Court Division (Special Original Jurisdiction) Present: DM Ansaruddin Ahmed J Abdul Hasib J Moazzem Hossain Chowdhury (Md.).................... Petitioner Vs. Bangladesh represented by the Secretary, Ministry of Home Affairs Government of Bangladesh and other......86. ......se is also Reported in: 43 DLR (1991) 186. ..Category: Constitutional Law | Date: | Hits: 172
Gura Meah Vs. Hari Pada Parial & others, 1990, 19 CLC (HCD)
....ubstance in this appeal for what have been discussed above. In the result, the appeal is dismissed but there will be no order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 181.......ppeal No.79 of 1971as representative of Nirode Baran. The Appellate Court allowed the appeal on the ground that the Trial Court decreed the suit during the war of liberation and the decree was hit by Bangladesh Legal Proceedings Order, 1972 and remanded the suit for fresh trial with a direction to i......so Reported in: 43 DLR (1991) 181.......ubstance in this appeal for what have been discussed above. In the result, the appeal is dismissed but there will be no order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 181...Category: Property Law | Date: | Hits: 69
Ghyas Siddique Vs. Bangladesh, 1990, 19 CLC (HCD)
....t Petition No. 1794 of 1989. Judgment Fazle Hussain Mohammad Habibur Rahman J. - In this case Rule Nisi was issued on 14.12.89 under Article 102 of the Constitution calling upon the respondent, Government in the Ministry of Home Affairs to show cause why the impugned order dated 12.12.89 (Anne...... Jurisdiction) Present: Fazle Hussain Mohammad Habibur Rahman J Habibul Islam Bhuiyan J Ghyas Siddique……………………….....................................Petitioner Vs. Bangladesh, represented by the Secretary of Home Affairs............Respondent. Judgment April......riginal Jurisdiction) Present: Fazle Hussain Mohammad Habibur Rahman J Habibul Islam Bhuiyan J Ghyas Siddique……………………….....................................Petitioner Vs. Bangladesh, represented by the Secretary of Home Affairs............Respondent. Judgment ......the rescinding of the impugned order by the Government. The Rule is, therefore, discharged as infructuous without any order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 179. ..Category: Criminal Law | Date: | Hits: 71
Chairman, Rural Electrification Board Vs. Md. Awlad Hossain and Others, 2010, 39 CLC (AD)
....id Board and without any reasonable or satisfactory explanation visited China from 17.05.2007 to 06.06.2007 for 20 days where the other members of the said inspection team in accordance with the said Government order visited Chaina from 28.04.2007 to 05.05.2007 for 7 days to conduct factory inspecti......ourt Division in Writ Petition No.6469 of 2008 making the Rule absolute. 2. The facts of the case, in brief, are that the writ petitioner-respondent No.1 after completion of B.Sc. Engineering from Bangladesh University of Engineering and Technology (BUET) joined the Power Development Board as an ......ammel Hossain J SK Sinha J The Chairman, Rural Electrification Board, Head Quarter Building, Nikunja-2, Khilkhet, Dhaka-1229………………………………………………Petitioner Vs. Md. Awlad Hossain and Others………………………………Respondent Judgment Feb......eported in: 31 BLD (AD) (2011) 73, 31 BLD (AD) (2011) 73, 16 BLC (AD) (2000) 111 & 8 LG (AD) (2011) 85. ..Category: Employment/Service Law | Date: | Hits: 175
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