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Abdul Kader (Md.) Vs. Md. Abdul Rafi Prodhan and other, 1989, 18 CLC (HCD)

....nder: "(3) Every petition under sub‑rule (1) shall be accompanied by a receipt showing a deposit under the head mentioned in rule 12(5) of five hundred taka in any branch of the Sonali Bank or a Government Treasury or Sub‑Treasury in favour of the Returning Officer as security for the cost of......ly, the poll took place at the adjourned centres on 15.4.88 and the petitioner was declared to have been elected as the Chairman of the said Union Parishad. After the publication of the result in the Bangladesh Gazette opposite party No. 1 presented an election petition before the Election Tribunal,...... 166.......ce. Ed. This Case is also Reported in: 43 DLR (1991) 166...

Category: Election Law | Date: | Hits: 130

Feroja Khatoon Vs. Brajalal Nath & others, 1989, 18 CLC (HCD)

....e suit stands decreed. Since there is no appearance on the side of the opposite party No. 1, question of awarding costs does not arise. Ed. This Case is also Reported in: 43 DLR (1991) 160. ...... 4. The positive case of the defendant No. 1, in short, is that he contracted to sell .12 acres of land for Tk. 1000/‑ to Mr. Shafiullah, the brother of the plaintiff, during the turmoil of 1971 in Bangladesh and kept three blank signed stamp papers with said Mr. Shafiullah for the purpose. During...... 43 DLR (1991) 160. ......vil Revision No. 313 of 1980. Judgment Mohammad Abdur Rouf J . - This Rule, at the instance of the plaintiff‑petitioner is directed against the judgment and decree dated 18.9.79 passed by Mr. Md. Aftabuddin, Subordinate Judge, Additional Court, Noakhali in Title Appeal No. 109 of 1976 settin..

Category: Property Law | Date: | Hits: 64

Anwar Hossain Majhi Vs. Government of Bangla­desh & others, 1989, 18 CLC (HCD)

....High Court Division (Criminal Revisional Jurisdiction) Present: Mohammad Abdur Rouf J Md. Mozammel Hoque J Anwar Hossain Majhi.....................................Petitioner Vs. Government of Bangla­desh & others...............Respondent. Judgment December 5, 1989. ......rganj Upazila Parishad, within the District Shariatpur obtained this Rule Nisi on 15.10.89, under Article 102 (presumably under sub‑article (2)(a)(1) of the Constitution of the People's Republic of Bangladesh calling in question the legality and propriety of the Notification সারক নং ......urt High Court Division (Criminal Revisional Jurisdiction) Present: Mohammad Abdur Rouf J Md. Mozammel Hoque J Anwar Hossain Majhi.....................................Petitioner Vs. Government of Bangla­desh & others...............Respondent. Judgment December 5, ......be no order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 155...

Category: Election Law | Date: | Hits: 121

Rana Awan (Mrs.) Vs. Bangladesh, 1990, 19 CLC (HCD)

....udgment Naimuddin Ahmed J. - By this application under Article 102(2) of the Constitution of an order passed by the Respondent No. 1 through the Respondent No. 2, the Secretary, Ministry of Works, Government of People's Republic of Bangladesh on 17.4.85 refusing to release certain properties from......eme Court High Court Division (Special Original Jurisdiction) Present: M S Ali J Naimuddin Ahmed J Rana Awan (Mrs.)........................................... Petitioner Vs. Bangladesh, represented by the Secretary, Ministry of Works and others.......Respondents. Judgmen....... ...... 14 CWN 31; 87 CIJ 217. Lawyers Involved: MI Farooqui with M Saleem Ullah, Advocates ‑For the Petitioner. MH Khondker with AJ Mohammad Ali, Advocates ‑ For Respondent Nos. 1 & 2. Md. Faizul Kabir with Md. Omar Faruque, Advocates ‑ For Respondent Nos. 5‑12 & 14‑19. W..

Category: Property Law | Date: | Hits: 78

Shah Sekandar Molla Vs. New Sagurnal Tea Co. and Others, 2010, 39 CLC (AD)

....do not find any merit in the leave petition. In the result, the leave petition is dismissed. Ed. This Case is also Reported in: 31 BLD (AD) (2011) 65, 8 LG (AD) (2011) 103, 16 BLC (2011) 96. ....... Civil Petition for Leave to Appeal No. 80 of 2010. Judgment Md. Muzammel Hossain J. - This civil petition for leave to appeal under Article 103 of the Constitution of Peoples' Republic of Bangladesh is directed against the judgment and order dated 11.10.2009 passed by a Division Bench of......Civil) Present Mohammad Fazlul Karim CJ Md. Abdul Matin J ABM Khairul Haque J Md. Muzammel Hossain J Shah Sekandar Molla………………………………………..Petitioner Vs. New Sagurnal Tea Co. and Others……………………Respondent Judgment March 21, 20......sed. Ed. This Case is also Reported in: 31 BLD (AD) (2011) 65, 8 LG (AD) (2011) 103, 16 BLC (2011) 96. ..

Category: Civil Law | Date: | Hits: 113

Abdul Hannan Khan (Md.) Vs. Secretary, Ministry of Home Affairs, Government of Bangladesh and others, 1990, 19 CLC (HCD)

.... Present: Fazle Hussain Mohammad Habibur Rahman J Habibul Islam Bhuiyan J Abdul Hannan Khan (Md.)................................Petitioner Vs. Secretary, Ministry of Home Affairs, Government of Bangladesh and others..............Respondents. Judgment March 19, 1990. Case...... Fazle Hussain Mohammad Habibur Rahman J Habibul Islam Bhuiyan J Abdul Hannan Khan (Md.)................................Petitioner Vs. Secretary, Ministry of Home Affairs, Government of Bangladesh and others..............Respondents. Judgment March 19, 1990. Cases Referred to-......Division (Special Original Jurisdiction) Present: Fazle Hussain Mohammad Habibur Rahman J Habibul Islam Bhuiyan J Abdul Hannan Khan (Md.)................................Petitioner Vs. Secretary, Ministry of Home Affairs, Government of Bangladesh and others..............Respond......: 43 DLR (1991) 131. ..

Category: Employment/Service Law | Date: | Hits: 79

Repco Laboratories Ltd. Vs. Nuruddin Ahmed and others, 1989, 18 CLC (HCD)

....the predecessor of the plaintiffs is void and not binding on them stating, inter alia, that the suit plot Nos. 2205, 2206, 2207, 2211, 2215 and 2216 and some other lands were auction purchased by the Government in revenue sale and Lilabati Das took fresh settlement front the Government on 30.10.59 a......ssed by the learned District Judge in Miscellaneous Appeal No. 65 of 1986 stating, inter alia, that in view of the direction of the Deputy Director of the Department of Environment Pollution Control, Bangladesh dated 30.6.86 the plaintiffs were required to take adequate stop to construct a drain and......n: 43 DLR (1991) 123. ......ocedure there is no scope for me for interference with his order. Accordingly, the Rule is discharged but without any order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 123. ..

Category: Procedural Law | Date: | Hits: 84

Durgarani Sarkar Vs. United Bank of India Ltd. and others, 1989, 18 CLC (HCD)

....on the death of Indra Kumar became the Headmaster of the school and started residing at the Headmaster's residence mentioned above. Subsequently the school was aided by the local municipality and the Government. Some local persons had expressed their desire to purchase som6 other land from the bank,...... at the Bank's rate althrough till repayment of the same. In the facts and circumstances of the case there will be no order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 121. ......43 DLR (1991) 121. ......ed the suit as a whole holding, inter alia, that the plaintiff could not prove the alleged contract for sale of the disputed land which may be enforced for its performance. Hence this Rule. 7. Mr. Md. Ruhul Amin, the learned Advocate appearing for the petitioner, has seriously assailed the judgme..

Category: Property Law | Date: | Hits: 70

Fariduddin Mahmud Vs. Md. Saidur Rahman and others, 2010, 39 CLC (AD)

....Sardar Jan-e-Alam Vs. Arab Bangladesh Bank Ltd, 4 BLC (AD) 178; Assistant Collector CE Chandan Nagar Vs. Dunlop India Ltd., AIR 1985 SC 330; CA Abraham Vs. IT Officer AIR 1961 SC 609; Nesar Ahmed Vs. Government of Bangladesh 49 DLR (AD) 111; Bangladesh Bank Vs. Zafar Ahmed Chowdhury, 56 DLR (AD) 175......gment June 10, 2010. Cases Referred to- Lindsay Petroleum Vs. Prosper Armstrong Hurd (1874)5 PC 221; Antibiotic Stores Vs. Subordinate Judge and Artha Rin Adalat, 55 DLR (AD) 43; Islami Bank Bangladesh Vs. Md. Shafiuddin 52 DLR (AD) 76; Sardar Jan-e-Alam Vs. Arab Bangladesh Bank Ltd, 4 BLC ......J Md. Abdul Matin J SAN Mominur Rahman J ABM Khairul Haque J Md. Muzammel Hossain J Surendra Kumar Sinha J Fariduddin Mahmud...........................................Appellant Vs. Md. Saidur Rahman and others ...........................Respondents Judgment June 10, 2...... 93, 31 BLD (AD) (2011) 78, 8 LG (AD) (2011) 145, 16 MLR (AD)(2011) 205. ..

Category: Civil Law | Date: | Hits: 113

Hasina Mawla Vs. Bangladesh Parjatan Corporation and another, 1992, 21 CLC (HCD)

.... any lawful authority and to be of no legal effect. 2. The case of the petitioner, in brief, is that she joined on 24.12.52 as the Tourist Information Assistant in the Department of Tourism of the Government of erstwhile Pakistan and the said post was renamed as Assistant Information Officer. Aft......993) 112.......HCD) (1993) 112....... The impugned order (Annexure‑A) is hereby declared to have been passed without any lawful authority and to be of no legal effect. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 112...

Category: Employment/Service Law | Date: | Hits: 88

Bakth Bibi Vs. Bangladesh, 1992, 21 CLC (HCD)

.... Original Jurisdiction) Present Naimuddin Ahmed J Mohammad Gholam Rabbani J Bakth Bibi……………….Petitioner Vs. Bangladesh, represented by the Secretary, Ministry of Works, Government of Bangladesh and others………………..Respondents Judgment October 28, 1992. ......1993) 105. ......(HCD) (1993) 105. ......nnot be believed at all that the petitioner No.1 Mrs. Bakth Bibi would leave for Afghanistan via India during the liberation war in 1971 leaving her sons, when according to her evidence, her two sons Md. Nadir and Md. Amanullah were minors” is not sustainable as being based on surmises and conject..

Category: Property Law | Date: | Hits: 73

Shafiuddin Khan (Md) Vs. State and another, 1993, 22 CLC (HCD)

.... whether the accused then intended to repay the same.” In that case the accused was convicted by the Magistrate and on appeal he was acquitted by the Sessions Judge. But on further appeal by the Government the High Court with the above observation convicted him after setting aside the judgment ......omplainant and misappropriated the amount. 3. Upon the said complaint the learned Magistrate after examining the complainant issued summons upon the accused petitioner under section 420/406 of the Bangladesh Penal Code. Thereafter the accused petitioner surrendered before the Court and considerin....... ......badul Hoque J Shafiuddin Khan (Md)……………………Petitioner Vs. The State and another…………………..Opposite Parties Judgment January 6, 1993. Cases Referred to- Md. Shahjahan Vs. Haji Yeakub Ali, 31 DLR, 63; Abdur Rahim Vs. Begum A. Murshed, 34 DLR, 320; Empero..

Category: Criminal Law | Date: | Hits: 132

Shafiq Ahmed Vs. Chairman, Bangladesh Che­mical Industries Corpora­tion and others, 1992, 21 CLC (HCD)

....rt was considered by the Board of the said Mills and again the Mills decided that there should be a re‑tender. The petitioner filed an application before the Hon'ble Minister, Ministry of Industry, Government of Bangladesh (Annexure ‘G’) stating all facts but to no result. When that was the ma......) 95. ......5 DLR (HCD) (1993) 95. ......ition, leaving nothing for us to interfere in mandamus. We find no substances in this application which is thus summarily rejected. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 95. ..

Category: Others | Date: | Hits: 128

Hashem (Md.) Vs. Bangladesh and others, 1990, 19 CLC (HCD)

.... citizen of Bangladesh and that the suit property is not an abandoned property. 3. The case of the plaintiff is that he is a citizen of Bangladesh and a permanent resident of Dhaka since 1948. The Government leased out the suit property to the plaintiff on 5.6.1961 for 99 years commencing from 1.......Court High Court Division (Civil Appellate Jurisdiction) Present: Md. Abdul Jalil J Mahmudul Amin Chowdhury J Hashem (Md.).......................................Appellant Vs. Bangladesh and others...........................Respondents. Judgment August 16, 1990. Lawy......upreme Court High Court Division (Civil Appellate Jurisdiction) Present: Md. Abdul Jalil J Mahmudul Amin Chowdhury J Hashem (Md.).......................................Appellant Vs. Bangladesh and others...........................Respondents. Judgment August 16, 1990. ......oth parties to bear their respective costs although. Ed. This Case is also Reported in: 43 DLR (1991) 109. ..

Category: Property Law | Date: | Hits: 73

Adamjee Sons Limited Vs. Jiban Bima Corporation, 1992, 21 CLC (HCD)

....o deliver the judgment I am impelled to make certain observation on the conduct of this case. The history in conducting this case, a luxury litigation, at the instance of the two agencies of the same Government must receive disapproval of this court. A luxury litigation, defying the decision to sett......bitrator and execution of the Arbitrator Agreement the third meeting of the Council Committee on Insurance was held on 21.7.198 presided over by the Hon’ble Vice President of People’s Republic of Bangladesh (page 2 of the Additional Paper Book‑1) and the subject matter was handing over possess......93) 89. ......n of Mr. Huq that the application for setting aside the award is barred by limitation is of substance. 13. Before I part with the judgment I am inclined to make some observation on the role of Mr. Md. Siddiqullah, the Principal Officer of the appellant company, in dealing with the case. From the ..

Category: Alternative Dispute Resolution | Date: | Hits: 174

Sarwar Kamal and others Vs. State, 1992, 21 CLC (HCD)

....ected to surrender to his bail bond and serve out the remaining sentence. Let the records be sent down to the lower court expeditiously. Ed. This Case is also Reported in: 48 DLR (1996) 61. ...... post‑mortem examination is required to be used as evidence, and the Civil Surgeon or other medical officer who made the report is dead or is incapable of giving evidence or is beyond the limits of Bangladesh and his attendance cannot be procured without an amount of delay, expense or inconvenienc......e Court High Court Division (Criminal Appellate Jurisdiction) Present: Md. Ansar Ali J Md. Abdul Karim J Sarwar Kamal and others....... ……......................Appellants Vs. State……………………………………………………………………Respondent...... be sent down to the lower court expeditiously. Ed. This Case is also Reported in: 48 DLR (1996) 61. ..

Category: Criminal Law | Date: | Hits: 86

SDS Dairy Limited Vs. Bangladesh and others, 2011, 40 CLC (HCD)

....ill proceed in accordance with law. The office is directed to communicate the judgment at once to the concerned executing Court. Nazmun Ara Sultana J.-I agree. This Case is also Reported in: ......me Court High Court Division (Special Original Jurisdiction) Present: Nazmun Ara Sultana J Md. Ruhul Quddus J SDS Dairy Limited………………................Petitioner Vs. Bangladesh and others…………………………..Respondents Judgment January 6, 2011. ......: ......ned executing Court. Nazmun Ara Sultana J.-I agree. This Case is also Reported in: ..

Category: Procedural Law | Date: | Hits: 80

Mohammad Shahabuddin Vs. Government of the People’s Republic of Bangladesh, 2011, 40 CLC (HCD)

....am Hossain Chowdhury J Mohammad Shahabuddin, Proprietor, Sunrise Engineers, 18/1 Moneswar Road, Zigatola, Dhaka-1209………...................................................Petitioner Vs. Government of the People’s Republic of Bangladesh, represented by the Secretary, Ministry of Educa......uddin, Proprietor, Sunrise Engineers, 18/1 Moneswar Road, Zigatola, Dhaka-1209………...................................................Petitioner Vs. Government of the People’s Republic of Bangladesh, represented by the Secretary, Ministry of Education, Bangladesh Secretariat, Ramna, Dhak......Md. Akram Hossain Chowdhury J Mohammad Shahabuddin, Proprietor, Sunrise Engineers, 18/1 Moneswar Road, Zigatola, Dhaka-1209………...................................................Petitioner Vs. Government of the People’s Republic of Bangladesh, represented by the Secretary, Ministry o......d. Akram Hossain Chowdhury J. - I agree. Ed. This Case is also Reported in: ..

Category: Others | Date: | Hits: 133

Abdul Khaleque Vs. State, 1992, 21 CLC (HCD)

....s rigorous imprisonment. The impugned judgment is modified accordingly. Let the LC records be transmitted to the court below at once. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 75.......used appellant and 4 others under sections 302/201/34 of the Penal Code. After investigation prima facie case having been found against the appellant only charge‑sheet under sections 302/201 of the Bangladesh Penal Code was filed against the appellant and final report against the remaining accused......93) 75.......Khatoon died taking poison and the said member had come to start an unnatural death case over the same. The said Manir Hossain started UD Case No.23 dated 13.8.86 with Sharsha PS. Thereafter P.W.9 SI Md. Afsar Ali went to the house of accused and recovered dead body of victim Rahima Khatoon from the..

Category: Criminal Law | Date: | Hits: 78

Tobarak Ali Sikder Vs. Administrator of Waqfs, 1992, 21 CLC (HCD)

....the Waqf Ordinance is without jurisdiction and has, therefore, no legal effect. The parties are to bear their own costs in this case. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 70.......set Mazumder, Advocate ‑Respondents. Writ Petition No.173 of 1992. Judgment KM Hasan J.- This Rule Nisi obtained under Article 102(2)(a)(ii) of the Constitution of the People's Republic of Bangladesh is directed against an order dated 14.1.1992 (Annexure 'D') passed the Administrator of W......HCD) (1993) 70.......7 DLR 46; Nadira Rahman Vs. Amir Hussain, 35 DLR 277; Shoukat Ali Vs. Administrator of Waqf, 29 DLR 276; Makbulal Huq Vs. Administrator of Waqf, 17 DLR 30. Lawyers Involved: Mahmudul Islam with Md. Reaz‑e-Morshed Kamal, Md. Gaziur Farooq and Syed Dastgir Hossain, Advocates ‑ For the Petiti..

Category: Trust/Waqf Law | Date: | Hits: 157