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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

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 ......Gobinda Chandra Tagore J.-I agree. Ed. This Case is also Reported in: ......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..

Category: Civil Law | Date: | Hits: 128

Bangladesh Krishi Bank Vs. M/s. Dadajee Ice Plant and Cold storage Ltd. and others, 2010, 39 CLC (HCD)

.... 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: ......e 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 Judgment May 10, 2010. Lawyer......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..

Category: Civil Law | Date: | Hits: 217

President, Coronation Hall Committee and Deputy Commissioner, Khulna Vs. Executive Committee, Khulna & others, 2011, 40 CLC (HCD)

....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 ......3 DLR (2011) 666. ...... (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..

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...... Jurisdiction) Present: Md. Ashfaqul Islam J M. Moazzam Husain J Md. Abdul Halim ………………………………………………………Petitioner Vs. Dr. Mohammad Tareque and others……………………….Respondents Judgment August 3, 2011. Result: The R......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 ..

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.......t Division (Special Original Jurisdiction) Present: Moyeenul Islam Chowdhury J Naima Haider J Law Dev (Bangladesh)......................................Petitioner Vs. Bangladesh and another... ................................Respondents Judgment February 24, 2011. Case......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..

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......al 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 Judgment May 2, 1991. Lawyers Involve......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..

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. ...... Court High Court Division (Criminal Appellate Jurisdiction) Present: Mahmudul Amin Chowdhury J Abdul Hakim………………Appellant Vs. State……………...Respondent and Alfazuddin………………..Appellant Vs. State………………..Respondent Judg......rted in: 45 DLR (HCD) (1993) 352. ..

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......is also Reported in: 45 DLR (HCD) (1993) 347. ....... ..

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, ......R (HCD) (1993) 374. ......eported 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. ......1993) 369. ...... 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......n) Present: Naimuddin Ahmed J Mohammad Ghulam Rabbani J Abdul Khaleque (Md)………………….Petitioner Vs. Deputy Commissioner, Dhaka, Collectorate Building, PS Kotwali, Dhaka and others………………….Opposite Parties Judgment November 1, 1992. Lawyers Involve......9...

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‑organisa­tion) 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. ......Supreme Court High Court Division (Civil Appellate Jurisdiction) Present: Abdul Bari Sarker J Kazi Ebadul Hoque J Aslam Hossain Chaklader…………..Appellant Vs. Ali Nur and others…............Respondents Judgment August 26, 1991. Lawyers Involved: Syed Z......) (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.......DLR (HCD) (1992) 69....... Reported 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......t: 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…………………Respondents Judgment May 9, 1991. Result: The application......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..

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.......ase 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..

Category: Civil Law | Date: | Hits: 89