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State Vs. Moyezuddin Sikder and Others, 2008, 37 CLC (AD)

....রন লিপিবদ্ধ করিয়া জামিন মন্জুর করিতে পারিবে ।" 30. The learned Attorney General has referred to the case of Solicitor, Government of Bangladesh Vs. Syed Sanwar Ali and others reported in 27 DLR (AD) 16. 31. In that ......, 2008. Result: The appeal is allowed. The Emergency Power Rules, 2007, Rule 19(gha) The expression Adalat or Tribunal in rule 19(gha) refer to all Courts including the Supreme Court of Bangladesh. Therefore under rule 19(gha) the Supreme Court is also debarred from granting bail to pe......Karim J MM Ruhul Amin J Md. Tafazzul Islam J Md. Joynul Abedin J Md. Hassan Ameen J Md. Abdul Matin J The State……………………………………………Appellant Vs. Moyezuddin Sikder and Others…………Respondent Judgment April 23, 2008. Resu......t of our findings as above. Ed. This Case is also Reported in: 60 DLR (AD) (2008) 82; 28 BLD (AD) (2008) 138; V ADC (2008) 796. ..

Category: Criminal Law | Date: | Hits: 100

GM (West), Bangladesh Railway & other Vs. hairman, Labour Court, Rajshahi & another, 1986, 15 CLC (HCD)

....1969 was not le­gally maintainable as the labour court had no juris­diction to entertain the application of the respondent No. 2 since the respondent No. 2 is not workman under the I.R.O. but he is Government servant. In support of this contention Mr. Aftab Hossain, the learned Advocate referred t...... Reported in: 40 DLR (1988) 163. ......Division (Special Original Jurisdiction) Present: Amin-Ur-Rahman Khan J Moham­mad Abdur Rouf J The General Manager (West) Bangladesh Railway & other.................Petitioners Vs. The Chairman, Labour Court, Rajshahi & another...............Respondent Judgment Se......gladesh Railway & other.................Petitioners Vs. The Chairman, Labour Court, Rajshahi & another...............Respondent Judgment September 3, 1986. Lawyers Involved: Md. Aftab Hossain, Advocate - For the Petitioners. Not Represented - the Respondents. Writ Pe..

Category: Labour and Industrial Law | Date: | Hits: 170

Golam Rabbani Khandaker (Md.) and Others Vs. Hamida Bawa Shamsul Sheikh and others, 2001, 30 CLC (HCD)

.... is directed to proceed with the execution of Execution Case No.10- of 1986 as usual according to law, communicate this order at once. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 610.......her proceedings of the execution case pending before the executing court which has resulted in serious miscarriage of justice. He also cites the decision in the case of Alhaj Mirza Shamsuddin Beg Vs. Bangladesh and another reported in 41 DLR 356 where it has been held that the principle of construct......(HCD) (2001) 610.......rding to law, communicate this order at once. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 610...

Category: Civil Law | Date: | Hits: 81

Abdul Waresh Vs. Md. Abdul Halim and others, 2001, 30 CLC (HCD)

....urts Act for setting aside the ex parte decree and for restoration of the said suit in its original file and number. 7. The said Miscellaneous case was fixed for hearing on 2-8-90 and 2-8-90 being Government holiday, the file was put up for hearing on 4-8-90 and the defendant-petitioner having be......t and the order dated 28-8-9 1 passed by the learned Subordinate Judge. Chittagong in Miscellaneous Case No. 493 of 1990 is affirmed. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 608. ......s Case is also Reported in: 53 DLR (HCD) (2001) 608. ......is also Reported in: 53 DLR (HCD) (2001) 608. ..

Category: Civil Law | Date: | Hits: 86

Sumikin Bussan Corporation Vs. Chittagong Port Authority and Others, 2001, 30 CLC (HCD)

.... declared accepting the decision No.8823 dated 13-9-2000 of the Chittagong Port Authority as contained in Annexure-B to the petition. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 599. ......rporation………….Petitioner Vs. Chittagong Port Authority and Others.........Respondents. Judgment June 4, 2001. Case Referred To- Sharping Matshajibi Samabaya Samity Ltd. Vs. Bangladesh and others 39 DLR (AD) 85. Lawyers Involved: Dr. Rafiqur Rahman with Sirajur Rahman...... 599. ......B to the petition. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 599. ..

Category: Others | Date: | Hits: 153

Hussain Muhammad Ershad Vs. Abdul Muqtadir Chowdhury and another, 2001, 30 CLC (HCD)

....adesh (‘Constitution’ for short). An easy way of the relevant provisions of the Constitution is to look at its preamble. The preamble of the Constitution declares in unqualified terms the kind of Government the people of Bangladesh gave to themselves by enacting its Constitution through its Cons......al Vs. Union of India and others, AIR 1991 (Bombay) 91; Monni Lal Vs. Parmai Lal and others, AIR 1971 (SC) 330; Vida Charan Shukla Vs. Purshottam Lal Kaushik, AIR 1981 (SC) 547; Mahbubuddin Ahmed Vs. Bangladesh Election Commission, 50 DLR 417; Serajul Huq Chowdhury Vs. Nur Ahmed Company and Wahidur ......(HCD) (2006) 261.......ry to the Parliament. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 569, 26 BLD (HCD) (2006) 261...

Category: Constitutional Law | Date: | Hits: 202

Molla Mahjenul Islam Vs. State and others, 2001, 30 CLC (HCD)

.... the said hat till the disposal of the suit. In the application the petitioner stated that the Waqf Estate has the right to hold the Waqf portion of the Ahsangonj Hat which has not been vested in the Government either under the State Acquisition and Tenancy Act or under any other law, that no compen......rder as to costs. The status quo order passed by this Court earlier is hereby vacated. Send down the lower Court records at once. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 552.......s also Reported in: 53 DLR (HCD) (2001) 552.......enul Islam ……………..Petitioner Vs. State and others ……………….Opposite Parties. Judgment July 17, 2001. Case Referred To- Province of East Pakistan and another Vs. Md. Mehedi Ali Khan and others, 11 DLR (SC) 318. Lawyers Involved: Sk Afzalur Rahman with Emda..

Category: Property Law | Date: | Hits: 105

Anwar Hossain Vs. Election Commission of Bangladesh and others, 2001, 30 CLC (HCD)

....hman Chowdhury and the petitioner as its secretary general at the relevant time informed the President of the Republic about its decision by letter dated 17-6-1996 to support Awami League to form the Government as the single largest party in the Parliament stating that the decision of the party also......ourt High Court Division (Special Original Jurisdiction) Present: Md. Joynul Abedin J Nazrul Islam Chowdhury J Anwar Hossain ………..Petitioner Vs. Election Commission of Bangladesh and others……...Respondents. Judgment July 05, 2001. Case Referred To- Se......R (HCD) (2001) 546. ...... stated above without any order as to costs. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 546. ..

Category: Constitutional Law | Date: | Hits: 196

Modhumala Vs. Director, Housing and Judgment Building Research Institute & others, 2000, 29 CLC (HCD)

....d-interim order from this Court and the eviction operation stopped for the time being. 4. In the writ petition it is further stated that eviction operation is against the guidelines adopted by the Government for rehabilitating basti people of the city, and said guideline was adopted at the instan......is a violation of human rights and that in pursuance of the strategy of alleviation among the urban poor and having regard to the fundamental rights as provided in the Constitution, the Government of Bangladesh approved a National H policy on 13-12-93 in its cabinet meeting and that though the Gover...... in: 53 DLR (HCD) (2001) 540.......e no order as to cost. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 540...

Category: Property Law | Date: | Hits: 97

Abdur Razzaque Mollah Vs. Md. Qayum Mollah & others, 2001, 30 CLC (HCD)

....s of the case, we direct the parties to bear their respective costs all through. Send down the lower Court’s Record immediately. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 535. ......urn to the 2nd contention advanced on behalf of the defendant No.3 (opposite party No. 2) by Mr. KS Zaman, the learned Advocate. He has pointed out before us the President’s Order No.7 of 1973, the Bangladesh House Building Finance Corporation Order, 1973 of Article 21(3) which runs thus: “No......LR (HCD) (2001) 535. ......down the lower Court’s Record immediately. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 535. ..

Category: Civil Law | Date: | Hits: 71

Shuinya @ Suruj Ali Vs. State, 2000, 29 CLC (HCD)

....e of the size of the blade;…………………………………………………………..” 10. Unfortunately, the Arms Act which is in force in Bangladesh, though was introduced by British Government in 1878, in spite of rapid changes in the society and changes in the nature of arms and a......f a profession), and flick-knives irrespective of the size of the blade;…………………………………………………………..” 10. Unfortunately, the Arms Act which is in force in Bangladesh, though was introduced by British Government in 1878, in spite of rapid changes in the so...... ......In the result, the Rule is discharged. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 527. ..

Category: Criminal Law | Date: | Hits: 40

Government of Bangladesh Vs. ASM Ferojuddin Bhuiyan, 2000, 29 CLC (HCD)

....s immediate as possible. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 522. ...... possible. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 522. ...... Revisional Jurisdiction) Present: AK Badrul Huq J Government of Bangladesh, represented by Secretary, Housing and Settlement Bangladesh Secretariat & others ...............Petitioner Vs. ASM Ferojuddin Bhuiyan…………………….Opposite Party. Judgment July 26, 2000. ......R) Kings Bench Division; Central London Property Trust Ltd. Vs. High Trees House Ltd. 1947 QB 30. Lawyers Involved: Bhivash Chandra Biswas, Assistant Attorney-General —For the Petitioners. Md. Nurul Huq with, AKM Shahidul Huq, Tania Siddiqua and Chamon Akhter, Advocates — For the Opposi..

Category: Property Law | Date: | Hits: 83

Nazrul Islam (Md.) and others Vs. Bangladesh, represented by the Secretary Ministry of Commerce and others, 2001, 30 CLC (HCD)

....t ABM Khairul Haque J.- This Rule Nisi under Article 102 of the Constitution of the People’s. Republic of Bangladesh was issued at the instance of Md. Nazrul Islam and another, calling upon the Government of Bangladesh and others to show cause as to why the Memo No.MC (AP) 7(17)/Fin/82/313 dat...... Division (Special Original Jurisdiction) Present: Md. Joynul Abedin J ABM Khairul Haque J Nazrul Islam (Md.) and others…………………………………..Petitioners Vs. Bangladesh, represented by the Secretary Ministry of Commerce and others …………….Respondents......h Court Division (Special Original Jurisdiction) Present: Md. Joynul Abedin J ABM Khairul Haque J Nazrul Islam (Md.) and others…………………………………..Petitioners Vs. Bangladesh, represented by the Secretary Ministry of Commerce and others …………….Resp......ance with law against the delinquent officers. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 519...

Category: Others | Date: | Hits: 96

Bengal Ceramic Industries Ltd. Vs. Chairman, Petro Bangla & others, 1984, 13 CLC (HCD)

....or temporary injunction in mandatory form. 3. Defendant No.2 appeared by filing a written objection and denying the material allegations made in the application for injunction, contended that the Government in exercise of the statutory powers, refixed the rate of gas for industrial category with......nience is in favour of the plaintiff. It may not be lost sight of that the plaintiff is an industrial concern, and gas is an indispensable energy for running the industry in a developing country like Bangladesh. We have noticed that the plaintiff’s unit was earlier operated by electricity. It had ......16. ......hout any order as to costs. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 516. ..

Category: Others | Date: | Hits: 132

Commissioner of Taxes Vs. Bangladesh Chemical Industries Corporation, 2000, 29 CLC (HCD)

....ority nova means that a ‘local authority’ shall mean and include a Pourashava, Zilla Board, Union Panchayet, Board of Trustees of a port or other authority legally entitled to or entrusted by the Government with the control or management of a Municipal or local or any corporation or other body o......509. ......(2001) 509. ...... To- BSCIC Vs. Mahbub Hossain Chowdhury, 29 DLR (SC) 41; AZ Rafique Ahmed Vs. BCSIR, 32 DLR (AD) 83; AIR 1963 (SC) 1891. Lawyers Involved: Dabiruddin Ahmed, Deputy Attorney-General with Md. Abdur Rahim Bhuiyan, Assistant Attorney-General— For the Applicant. AM Abdus Sattar Advoca..

Category: Fiscal/Taxation Law | Date: | Hits: 86

ABM Ruhul Amin, Managing Director Vs. Bangladesh Freedom Fighters Welfare Trust and others, 1999, 28 CLC (HCD)

....d that in the earlier decision the respondent Bangladesh Inland Water Transport Corporation was directed to make delivery of the barges to the petitioner who entered into contract with the respondent Government to buy the same, and in the subsequent decision acceptance of the tender of a tenderer wh...... High Court Division (Special Original Jurisdiction) Present: Kazi Ebadul Hoque J Md. Mozammel Hussain J ABM Ruhul Amin, Managing Director……………….….Petitioner Vs. Bangladesh Freedom Fighters Welfare Trust and others…….Respondent Judgment February 8, 199......e Court High Court Division (Special Original Jurisdiction) Present: Kazi Ebadul Hoque J Md. Mozammel Hussain J ABM Ruhul Amin, Managing Director……………….….Petitioner Vs. Bangladesh Freedom Fighters Welfare Trust and others…….Respondent Judgment February...... cost of Taka 5,000.00 only. Ed. This Case is also Reported in: 51 DLR (1999) 208. ..

Category: Property Law | Date: | Hits: 102

Sabed Ali Howlader and Others Vs. Abdul Barek and other, 1998, 27 CLC (HCD)

.... which was ultimately recorded in the names of Somed Ali, Safed Ali and Wares Ali. The defendant Nos.2 and 3 on 31-12-84 transferred their respective shares to Shahabuddin, son of defendant No.1. The Government of Bangladesh subsequently acquisitioned some portion of the land from the suit land for ......imately recorded in the names of Somed Ali, Safed Ali and Wares Ali. The defendant Nos.2 and 3 on 31-12-84 transferred their respective shares to Shahabuddin, son of defendant No.1. The Government of Bangladesh subsequently acquisitioned some portion of the land from the suit land for the purpose of......d. This Case is also Reported in: 51 DLR (1999) 204.......itioners Vs. Abdul Barek and other…………….Opposite Parties Judgment May 26, 1998. Lawyers Involved: Syed Ziaul Karim, Advocate — For the Petitioners. Abdul Quayum with Md. Moqbul Hossain, Advocates — For the Opposite Parties. Civil Revision No. 2391 of 1994. J..

Category: Property Law | Date: | Hits: 102

Dil Mohammad Vs. Jamir Hossain and others, 2004, 33 CLC (HCD)

.... Atul vs. Rau Kishore, AIR 1956 Orissa 77, Muhammad Din vs. Atta Muhammad and others, PLD 1957 Lahore 971; Modan Mohan Pal Annosatra vs. Abdus Samad and others, 32 DLR 176, Kabiruddin and others vs. Government of Bangladesh and others, 43 DLR (AD) 201, Gurnek Singh and another vs. Gurbachan Singh a...... Kishore, AIR 1956 Orissa 77, Muhammad Din vs. Atta Muhammad and others, PLD 1957 Lahore 971; Modan Mohan Pal Annosatra vs. Abdus Samad and others, 32 DLR 176, Kabiruddin and others vs. Government of Bangladesh and others, 43 DLR (AD) 201, Gurnek Singh and another vs. Gurbachan Singh and others, AIR......ivision (Civil Appellate Jurisdiction) Present: Md. Abdur Rashid J Syed AB Mahmudul Huq J Dil Mohammad…………………………………………………………...Appellant Vs. Jamir Hossain and others…………………………………………..Respondents Judg......atter as prayed-for. Send down the records at once. Ed. This Case is also Reported in: 58 DLR (2006) 88...

Category: Property Law | Date: | Hits: 83

Birla Tyres & another Vs. Sonali Anash Trading (Pvt) Ltd. and others, 2004, 33 CLC (HCD)

.... Orders granting temporary injunction and ad interim mandatory injunction are hereby set aside. Plaintiffs shall bear cost all through. Ed. This Case is also Reported in: 58 DLR (2006) 84. ......hairman, Pakistan Eastern Railways, PLD 1965 (SC) 83; Serajuddin Bepari and others vs. Mizanur Rahman and others, 29 DLR (SC) 82; Liaquat Hossain Chowdhury vs. Mir Ali Hossain and others 1981 BLD 93; Bangladesh Tobacco Company Ltd. and others vs. Ms. M Arfan Khan and Company Ltd. 1983 BCR (AD) 18, H......ourt Division (Civil Revisional Jurisdiction) Present: Md. Abdur Rashid J SAB Mahmudul Huq J Birla Tyres & another ..................................................Petitioners Vs. Sonali Anash Trading (Pvt) Ltd. and others .........................Opposite Parties Judgm......aside. Plaintiffs shall bear cost all through. Ed. This Case is also Reported in: 58 DLR (2006) 84. ..

Category: Civil Law | Date: | Hits: 148

Syed Abdul Alim alias Lalu Vs. DC, Dhaka and others, 2005, 34 CLC (HCD)

....osts. The petitioner (condemned prisoner) be set at liberty at once if not wanted in any other connection. Send down the records at once. Ed. This Case is also Reported in: 58 DLR (2006) 74. ......dul Alim alias Lalu …………………Petitioner Vs. DC, Dhaka and others ……………………….Respondents Judgment November 16, 2005. Cases Referred to- Halima Khatun vs. Bangladesh, 30 DLR (SC) 207, Shahriar Rashid Khan vs. Bangladesh and others, 1998 BLD (AD) 155, Khan....... ......ther connection. Send down the records at once. Ed. This Case is also Reported in: 58 DLR (2006) 74. ..

Category: Criminal Law | Date: | Hits: 52