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Bangladesh Society for the Enforcement of Human Rights (BSEHR) and Others Vs. Government of Bangladesh and others, 2000, 29 CLC (HCD)

.... Let a copy of this judgment be sent to the Hon’ble Minister, Ministry of Home Affairs and Director General, Department of Social Services. Ed. This Case is also Reported in: 53 DLR (2001) 1. ......der Project No. BGD/97/029: Capacity-Building, Poverty Alleviation and Sustainable Livelihood of the Socially Disadvantaged Women (SDW) and their children, and the project was addressed towards the empowerment of women and children living with brothel communities in Narayanganj, Jessore, Chittagong ......986 (SC) 180; BLAST Vs. Bangladesh 4 BLC 600. (11). Lawyers Involved: Nazmul Huda with Sigma Huda and SAM Nasimul Hoque, Advocates — For the Petitioners. Obaidur Rahinan Mostafa, Deputy Attorney- General with Mushfiqur Rahman Khan, Assistant Attorney-General — For the Respondents. W...... hours of 23-7-1999 from their residence at Tanbazar and Nimtali, Narayanganj by the District Administration with the help of the Police and dislodging them and taking some of them to the Kashimpur Vagrant Home in the name of rehabilitation should not be declared to be taken/done in violation of the..

Category: Constitutional Law | Date: | Hits: 264

Abul Hashem Vs. International Oil Mills Limited, 2009, 38 CLC (AD)

....es on premium to be paid and on other related matters. Civil Miscellaneous Petition is also disposed of in terms of this judgment. Ed. This Case is also Reported in: 15 MLR (AD) (2010) 117. ......es on premium to be paid and on other related matters. Civil Miscellaneous Petition is also disposed of in terms of this judgment. Ed. This Case is also Reported in: 15 MLR (AD) (2010) 117. ...... Md. Abdul Aziz J Mr. Abul Hashem .......................Petitioner (In Civil Petition No. 2324 of 2008) Vs. International Oil Mills Limited represented by its Managing Director, North Patenga, Bandar, Chittagong and others .........Respondents (In Civil Petition No. 2324 o......nuddin Mahmood, the learned Counsel appearing for the petitioner submits that admittedly writ respondent No.4 Chittagong Port Authority is the owner of the case land which did not make any promise to grant-lease of the case land to the writ petitioner and  the writ respondent No.1 Amin Agencies (19..

Category: Property Law | Date: | Hits: 33

Warn-Me Wollen Mills Ltd. Vs. Government of Bangladesh, 2010, 39 CLC (AD)

....cumstances, the High Court Division rightly discharged the rule as not maintainable. In the result, this petition is dismissed. Ed. This Case is also Reported in: VII ADC (2010) 421. ......cumstances, the High Court Division rightly discharged the rule as not maintainable. In the result, this petition is dismissed. Ed. This Case is also Reported in: VII ADC (2010) 421. ...... March 21, 2010. Lawyers Involved: Md. Rokonuddin Mahmud, Senior Advocate, instructed by Bivash Chandra Biswas, Advocate-on-Record-For the Petitioners. Murad Reza, Additional Attorney General, instructed by A. S. M. Khalequzzaman, Advocate-on-Record-For Respondent No.1. ......de of Dhaka Central Jail there has been a factory since the British regime, run by the prisoners of the said jail, pro­ducing blankets, that on the proposal of the petitioner-company, the Government granted a long term lease in its favour in pursuance of lease agreement dated 02.08.1983, for a peri..

Category: Civil Law | Date: | Hits: 90

Sadharan Bima Corporation and another Vs. LG Engineering Co. Ltd and others, 2010, 39 CLC (AD)

....ision and accordingly the leave petition is dismissed with modification that the decree will be executed against defendant No. 1 only. Ed. This Case is also Reported in: VII ADC (2010) 413. ......ision and accordingly the leave petition is dismissed with modification that the decree will be executed against defendant No. 1 only. Ed. This Case is also Reported in: VII ADC (2010) 413. ......e Petitioners. Md. Aminul Hoque, Senior Advocate instructed by Md. Nawab Ali, Advocate-on-Record-For Respondent No.1. Not represented-Respondent Nos.2-5. Civil Petition for Leave to Appeal No. 1198 of 2009. (From the judgment and decree dated 04.03.2009 passed by the High......ision and accordingly the leave petition is dismissed with modification that the decree will be executed against defendant No. 1 only. Ed. This Case is also Reported in: VII ADC (2010) 413. ..

Category: Business or Commercial Law | Date: | Hits: 186

Government Bangladesh and others Vs. ATM Mostafa Rashed and other, 2009, 38 CLC (AD)

....e, we find no sub­stance in the submissions of the learned Advocate for the petitioner. Accordingly the petition is dismissed. Ed. This Case is also Reported in: VII ADC (2010) 411. ......e, we find no sub­stance in the submissions of the learned Advocate for the petitioner. Accordingly the petition is dismissed. Ed. This Case is also Reported in: VII ADC (2010) 411. ...... 16, 2009. Lawyers Involved: Md. Zahirul Islam, Advocate-on- Record-For the Petitioners. AKM Shahidul Huq, Advocate-on-Record-For the Respondents. Civil Petition for Leave to Appeal No. 1768 of 2008. (From the judgment and order dated the 10th day of July, 2008 pas......n 08.09. 88 and the petitioner No.2 as a lec­turer, political science on 15.02.2002 and got their name enrolled in the M.P.O issued by the BANBBIS and have been receiving the partition of the salary grant­ed by the Government duly and regularly. The writ-petitioners while rendering their service t..

Category: Civil Law | Date: | Hits: 84

Government of the Peoples Republic of Bangladesh and others Vs. Msst. Mostafa Begum, 2009, 38 CLC (AD)

....of 1992 by the writ petitioner would be of no help to the petitioner in challenging the abandoned nature of the property in question. End. This Case is also Reported in: VII ADC (2010) 388. ......of 1992 by the writ petitioner would be of no help to the petitioner in challenging the abandoned nature of the property in question. End. This Case is also Reported in: VII ADC (2010) 388. ......public of Bangladesh and others…......Appellants Vs. Msst. Mostafa Begum………….....Respondent Order July 21, 2009. Lawyers Involved: Mahbubey Alam, Attorney General instructed by Md. B. Hossain, Advocate-on-Record-For the Appellants. Abdul Wad......ction 5 of the Ordinance No. 54/1985 on 23.8.1986. It has been stated that the inclusion of the Building in the Ka list was lawful and as such the Rule is liable to be discharged. 4. Leave was granted to consider the sub­mission that the decree for specific per­formance of contract and exec..

Category: Property Law | Date: | Hits: 21

Khondker Delwar Hossain Vs. Speaker, Bangladesh Jatiyo Shangshad (Parliament), 1998, 27 CLC (HCD)

....two B.N.P. members of Parliament, to the Election Commission within thirty days from the receipt of this order. Ed. This Case is also Reported in: 19 BLD (HCD) (1999) 45, 51 DLR (HCD) (1999) 1. ......to the Election Commission to hear and determine it and the decision of the Commission on such reference shall be final. (5) Parliament may, by law, make such provision as it deems necessary for empowering the Election Commission to give full effect to the provisions of clause (4)’. 29. From......hondker Delwar Hossain……………………Petitioner Vs. The Speaker, Bangladesh Jatiyo Shangshad (Parliament)………………Respondent Judgment August 27, 1998. Cases Referred to- Rabi-S Naik Vs. Union of India AIR 1994(SC) 1558; Brundaban Nayak Vs. Election Commission of ......two B.N.P. members of Parliament, to the Election Commission within thirty days from the receipt of this order. Ed. This Case is also Reported in: 19 BLD (HCD) (1999) 45, 51 DLR (HCD) (1999) 1. ..

Category: Constitutional Law | Date: | Hits: 171

Md. Shafiqul Islam Talukder Vs. People’s Republic of Bangladesh, 2009, 38 CLC (AD)

.... ......t circular dated 17.11.1999 shows that application was invited for 23 posts wherein 6 posts were M.L.S.S. In pursuance of project proforma out of 23 posts 21 posts were filled up by appointing the manpower the petitioners were appointed in the project on 22.06.2000 by the Director General of “Narc...... The People’s Republic of Bangladesh, represented by the Secretary, Finance Division, Ministry of Finance, Bangladesh Secretariat, Ramna, Dhaka and others.….Respondents. Judgment October 25, 2009. Case Referred to- Budhan Vs. State of Bihar AIR 195 (SC) 191. L...... ..

Category: Employment/Service Law | Date: | Hits: 106

Secretary, Parliament Secre­tariat, Dhaka Vs. Khandker Delwar Hossain and others, 1999, 27 CLC (AD)

....their seats pursuant to Article 70 of the Constitution to the Election Commission within 7 (seven) days from receipt of this order. Ed. This Case is also Reported in: 19 BLD (AD)(1999) 276. ...... Election Commission to hear and determine it and the decision of the Commission on such refer­ence shall be final. (5) Parliament may, by law, make such provision as it deems necessary for empowering the Election Commission to give full effect to the provisions of clause (4). 14. It ......­tariat, Dhaka……………………….Appellant Vs. Mr. Khandker Delwar Hossain and others………….others Respondents Judgment July 29, 1999. Cases Referred to- Ghulam Muhammad Mustafa Khar Vs. Chief Election Commissioner of Pakistan, PLD 1969 Lahore...... set­tled through a Parliamentary pro­ceeding simply because Parliament is not the forum envisaged by the Con­stitution to address such a dispute, the High Court Division held. 9. Leave was granted to consider the submission of the appellant that no allegations having been made in the two ..

Category: Constitutional Law | Date: | Hits: 138

Anti Corruption Commission Vs. Barrister Mohammad Shahjahan Omar and another, 2009, 38 CLC (AD)

....ous Case No.1950 of 2009 is stayed with direction to the respondent No.1 to surrender before the concerned Court within 2 (two) weeks. Ed. This Case is also Reported in: VII ADC (2010) 349. ......'s order by surrender­ing to the court for serving the sentence, and issuing ad interim order of stay of the non-existent proceeding inasmuch as the High Court Division does not possess any inherent power to pass such order. The petitioner's remedy lies in filing of appeal under section 10 of Crimi......Huq, Senior Advocate (Ahsanul Karim, Advocate with him) instructed by Md. Nawab Ali, Advocate-on-Record-For Respondent No.1. Not represented-Respondent No.2. Criminal Petition for Leave to Appeal No. 160 of 2009. (From order dated 14.01.2009 passed by the High Court Division in ......10 of Criminal Law Amendment Act, 1958 and an application under Section 426 of Code of Criminal Procedure. 14.The learned Counsel submits that the High Court Division committed error of law by granting bail to the fugitive-con­vict, even when he is not in custody and failed to appreciate  t..

Category: Others | Date: | Hits: 106

State Vs. Md. Chowdhury Alam, 2009, 38 CLC (AD)

....nd the appeal being still pending this Court is not inclined to inter­fere at this stage and accordingly the peti­tion is dismissed. Ed. This Case is also Reported in: VII ADC (2010) 346. ......nd the appeal being still pending this Court is not inclined to inter­fere at this stage and accordingly the peti­tion is dismissed. Ed. This Case is also Reported in: VII ADC (2010) 346. ......y Commissioner, Dhaka….......Petitioner Vs Md. Chowdhury Alam…..........Respondent Judgment March 1, 2009. Lawyers Involved: Enayetur Rahim, Additional Attorney General instructed by Mrs. Sufia Khatun, Advocate -on-Record-For the Petitioner. Rafiq......08.) Judgment Md. Abdul Matin J.- This petition for leave to appeal is directed against the order dated 15.02.2009 passed by the High Court Division in Criminal Appeal No. 8020 of 2008 granting bail for a period of 4(four) months. 2. The short facts giving rise to the present p..

Category: Others | Date: | Hits: 98

State Vs. A Haque alias Abdul Hoque and others, 2010, 39 CLC (AD)

....ion is accordingly discharged and the respon­dents herein are directed to surrender before the concerned court within 7 (seven) days. Ed. This Case is also Reported in: VII ADC (2010) 344. ......ion is accordingly discharged and the respon­dents herein are directed to surrender before the concerned court within 7 (seven) days. Ed. This Case is also Reported in: VII ADC (2010) 344. .......Petitioners Vs. A Haque alias Abdul Hoque and others…...........Respondent Order February 24, 2010. Lawyers Involved: AKM Zahirul Huq, Additional Deputy Attorney General, instructed by Mahamuda Begum, Advocate-on-Record-For the Petitioner. Khurshid......n Criminal Miscellaneous case No. 27555 of 2009 which arose out of Pakundia Police Station Case No. 05 dated 4-11-2009 now pending in the Chief Judicial Magistrate, Kishoreganj while issuing the Rule grant­ed anticipatory bail for a period of 6(six) months. 3. Heard the learned Additional De..

Category: Others | Date: | Hits: 61

Government of Bangladesh and others Vs. Azema Khatun, 2009, 38 CLC (AD)

.... that the gazette notification dated 18.11.1961, so far relates to the suit land, is without law­ful authority, are hereby set aside. Ed. This Case is also Reported in: VII ADC (2010) 339. ......l allegations and asserting that land in question is khas waste land belong to the Forest Department as has been declared by the Government vide notification dated 18.11.1961 published in exercise of power conferred by Section 29 of the Forest Act, 1927 gazetted on 30.11.1961 and that the alleged sa...... Shah Abu Nayeem Mominur Rahman J Government of Bangladesh and others…………………Appellants Vs. Azema Khatun………….........Respondent Judgment October 28, 2009. Lawyers Involved: Khalilur Rahman, Additional Attorney General, instru...... judgment and order dated 28.02.2001 passed by the High Court Division in Writ Petition No. 2293 of 1997.) Judgment Shah Abu Nayeem Mominur Rahman J.-This appeal arose out of the leave grant­ed by this Division against the judgment and order dated 28.02.2001 by the High Court Divisio..

Category: Property Law | Date: | Hits: 21

Abdur Razzak and others Vs. Md. Habejuddin and others, 2010, 39 CLC (AD)

....e High Court Division is set aside with the above directions. Accordingly, the petition for leave to appeal is disposed of. Ed. This Case is also Reported in: VII ADC (2010) 336. ......tioner to highlight his case before the Court. But this opportuni­ty was not allowed to him. This is an error which requires our interference. 11. However, since this involves exercise of the power as envisaged under Order XLI rule 27 of the Code of Civil Procedure, instead of granting leave...... Petitioners. Harunur Rashid, Advocate, instructed by Syed Mahbubur Rahman, Advocate-on-Record-For Respondent No.1 Not Represented- Respondent Nos.2-25. Civil Petition for Leave to Appeal No. 206 of 2009. (From the Judgment and order dated 10.03.2008 passed by the High C......to him. This is an error which requires our interference. 11. However, since this involves exercise of the power as envisaged under Order XLI rule 27 of the Code of Civil Procedure, instead of granting leave in this matter, we would send the case back on remand to the High Court Division, wit..

Category: Property Law | Date: | Hits: 19

Ministry of Fisheries and Livestock's Vs. Obaid Jagirdar and others, 2010, 39 CLC (AD)

....rived at a correct decision. We, there­fore, find no reason to interfere with the same. The petition is accordingly dismissed. Ed. This Case is also Reported in: VII ADC (2010) 330. ......rived at a correct decision. We, there­fore, find no reason to interfere with the same. The petition is accordingly dismissed. Ed. This Case is also Reported in: VII ADC (2010) 330. ......pellate Division (Civil) Present: Md. Abdul Matin J ABM Khairul Haque J Md. Muzammel Hossain J Surendra Kumar Sinha J Ministry of Fisheries and Livestock's………………....Petitioner Vs. Obaid Jagirdar and others…………............rived at a correct decision. We, there­fore, find no reason to interfere with the same. The petition is accordingly dismissed. Ed. This Case is also Reported in: VII ADC (2010) 330. ..

Category: Property Law | Date: | Hits: 25

Md. Nurul Abedin Vs. Bangladesh, 2010, 39 CLC (AD)

....­tioner then auction sale proceeding may be dropped. Accordingly both the leave petitions are dismissed with above observation. Ed. This Case is also Reported in: VII ADC (2010) 301. ......f 8.5% along with half yearly rent and the petitioner and his partner executed a prom­issory note to that effect. But neither the petitioner nor his partner executed any reg­istered or unregistered power of attorney or any other kind of authorization whatsoever empowering the respondents for selli......9) Not represented-Respondent Nos. 1, 5 and 6 (In Civil Petition No. 832 of 2009) Not represented-Respondent Nos. 2-4 (In Civil Petition No. 856 of 2009) Civil Petition for Leave to Appeal Nos. 832 and 856 of 2009. (From the judgment and order dated 04.03.2009 passed by t......­tioner then auction sale proceeding may be dropped. Accordingly both the leave petitions are dismissed with above observation. Ed. This Case is also Reported in: VII ADC (2010) 301. ..

Category: Property Law | Date: | Hits: 29

S. Co. Power Plant Ltd. Vs. Government of Bangladesh and oth­ers , 2009, 38 CLC (AD)

.... the Adalat before making the sale. We therefore find no reason to interfere with the same. The petition is accordingly dismissed. Ed This Case is also Reported in: VII ADC (2010) 295....... the Adalat before making the sale. We therefore find no reason to interfere with the same. The petition is accordingly dismissed. Ed This Case is also Reported in: VII ADC (2010) 295....... Present: MM Ruhul Amin CJ Mohammad Fazlul Karim J Md. Joynul Abedin J Shah Abu Nayeem Mominur Rahman J S. Co. Power Plant Ltd., represented by its Managing Director Md. Sirajul Haque and another ...Petitioners Vs Government of Bangladesh and oth­...... the Adalat before making the sale. We therefore find no reason to interfere with the same. The petition is accordingly dismissed. Ed This Case is also Reported in: VII ADC (2010) 295...

Category: Banking Law | Date: | Hits: 84

Anwar Munshi and others Vs. Kulsum Begum and others, 2009, 38 CLC (AD)

....of the same subject mat­ter for formal defects is dismissed. In view of above discussion prayer for granting leave is refused. Ed. This Case is also Reported in: VII ADC (2010) 295. ......of the same subject mat­ter for formal defects is dismissed. In view of above discussion prayer for granting leave is refused. Ed. This Case is also Reported in: VII ADC (2010) 295. ......ment July 19, 2009. Lawyers Invoplved: Abu Sams Md. Khalequzzaman, Advocate-on-Record-For the Petitioner. Not represented- the Respondents. Civil Petition for Leave to Appeal No. 812 of 2009. (Arising out of C.M.P. No. 62 of 2009.) (From the Judgment ...... the suit for formal defect". 11. Since the petitioner (plaintiffs) miserably failed to prove his case in all the courts below and could not point out any formal defect, we are not inclined to grant the peti­tioners permission to withdraw from the suit with liberty to institute a fresh suit ..

Category: Property Law | Date: | Hits: 35

Sher Mohammad Vs. Md. Munsur Ali and others, 2009, 38 CLC (AD)

....ance in any of the submissions of the   learned Advocate for the petitioners. Accordingly this leave petition is dis­missed. Ed. This Case is also Reported in: VII ADC (2010) 288. ......ance in any of the submissions of the   learned Advocate for the petitioners. Accordingly this leave petition is dis­missed. Ed. This Case is also Reported in: VII ADC (2010) 288. ......e Instructed by Sufia Khatun, Advocate-on-Record-For the Petitioners. Abul Kashem, Advocate-on-Record-For Respondent Nos. 1-3. Not represented-Respondent Nos. 4-20. Civil Petition for Leave to Appeal No.2141 of 2009. (From the judgment and order dated 5.8.2009 passed by the High Court D......of the learned Single Judge of the High Court Division considered all the aspects of the case and found no illegality or irregularity committed by the appellate Court being the final Court of fact in grant­ing a decree in favour of the plaintiff. We do not therefore find any substance in any of the..

Category: Property Law | Date: | Hits: 51

Most. Monowara Begum and others Vs. Malanch Bibi and others, 2009, 38 CLC (AD)

....w The appeal is therefore allowed. The judgment of the High Court Division is set aside and restored those of the Courts below. Ed. This Case is also Reported in: VII ADC (2010) 271. ......risdiction of the High Court Division in revision is a limited one. The section is not directed against conclusions of law or fact in which the question of jurisdiction is not involved. Section 115 empowers to satisfy the High Court Division on matters that (a) the order of the Subordinate Court is ......58 of1980 who affirmed those dated 16th June, 1980 of the learned Subordinate Judge, 1st Court, Barisal in Title Suit No.33 of 1960. 2. Appellant instituted the suit for declara­tion of title to the suit lands and further declaration that the decree passed in Title Suit No.730 of 1962 to be ......gment and Order dated 3rd June, 2001 passed by  the High Court Division in Civil Revision No.2516 of 1996 with Civil Rule No.350(R) of 1996) Judgment SK Sinha J.- This appeal by leave grant­ed by this Court from the judgment and order dated 31st May, 2001 and 3rd June 2001 of the Hi..

Category: Property Law | Date: | Hits: 20