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Ramesh Chandra Chowdhury @ Das Vs. Naresh Chandra Das @ Chowdhury, 1999, 28 CLC (HCD)

....o have been properly executed if such power-of-attorney is executed before and authenticated by a Notary Public, a Judge, any Court, Magistrate, Bangladesh consul or vice consul representative of the Government. The power-of-attorney does not carry any presumption under section 85 of the Evidence Ac......ides that the court shall presume a power-of-attorney to have been properly executed if such power-of-attorney is executed before and authenticated by a Notary Public, a Judge, any Court, Magistrate, Bangladesh consul or vice consul representative of the Government. The power-of-attorney does not ca......hingdi at once. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 227.......n: 52 DLR (HCD) (2000) 227...

Category: Property Law | Date: | Hits: 39

Tofazzal Hossain (Md) and others Vs. Momtaz Begum & others, 1999, 28 CLC (HCD)

....plication contending, inter alia, that after purchase they duly mutated their names in respect of the case land and the jama has been duly separated, following which they have been paying rent to the Government Acquired Estate and, consequently, the pre-emptor is no longer a co sharer to the case jo......turia in Miscellaneous (Pre-emption). No.5 of 1995 allowing pre-emption are affirmed. Send down the lower Court records immediately. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 223........ Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 223.......LR (HCD) (2000) 223...

Category: Property Law | Date: | Hits: 31

Shah Alam (Md.) Vs. Abul Kalam and others, 2001, 30 CLC (HCD)

....e plaint. In appeal, permission was sought to sign by the left out person, which was allowed and the case was sent back on remand to cure the irregularity. In the case of NWFP Vs. Faiz Muhammad, some Government officials were all through taking steps on behalf of the Government for setting aside an ......d 28-11-99 are hereby set aside. Order of stay as granted at the time of the Rule is recalled and vacated. Let the records be sent down. Ed. This Case is also Reported in: 54 DLR (2002) 277. ......e Court High Court Division (Civil Revisional Jurisdiction) Present: Md. Abdur Rashid J Hasan Foez Siddique J Shah Alam (Md.)………………….Petitioner Vs. Abul Kalam and others....………….Opposite Parties Judgment November 25, 2001. Cases Referred T......2002) 277. ..

Category: Limitation Law | Date: | Hits: 175

Tanveerul Haque Vs. Unistar Shipping Limited and ors., 1999, 18 CLC (HCD)

....int of Money Suit No. 31 of 1995 of the Subordinate Judge 2nd Court, Chittagong is hereby rejected. There will be no order as to costs. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 215.......iness was agency from Ms Mokhardi Marine GM SH of Germany. The plaintiff No. 2 acted as indentors for the buyers of scrap vessels and the above named German Company arranged and sent scrap vessels to Bangladesh for their sale through the plaintiff No.2. On 22-7-1986, Group B shareholders of both the......Civil Revisional Jurisdiction) Present: Md. Tafazzul Islam J Gour Gopal Saha J Tanveerul Haque…………………………………………Petitioner Vs. Unistar Shipping Limited and ors……………Opposite Party Judgment July 20, 1999. Cases Referred To- Edward......urt High Court Division (Civil Revisional Jurisdiction) Present: Md. Tafazzul Islam J Gour Gopal Saha J Tanveerul Haque…………………………………………Petitioner Vs. Unistar Shipping Limited and ors……………Opposite Party Judgment July 20, 1999...

Category: Company Law | Date: | Hits: 197

Dr. Mohiuddin Khan Alamgir Vs. Government of the People’s Republic of Bangladesh, 2010, 39 CLC (AD)

....d. Abdul Matin J SAN Mominur Rahman J ABM Khairul Haque J Md. Muzammel Hossain J Surendra Kumar Sinha J Dr. Mohiuddin Khan Alamgir................................Petitioner Vs. Government of the People’s Republic of Bangladesh....................Respondents Judgment Ju...... ABM Khairul Haque J Md. Muzammel Hossain J Surendra Kumar Sinha J Dr. Mohiuddin Khan Alamgir................................Petitioner Vs. Government of the People’s Republic of Bangladesh....................Respondents Judgment July 15, 2010. Result: The petition i......R (AD) 208; AFM Shah Alam Vs. Majibul Huq, 41 DLR (AD) 68; Mahmudul Haque (Md) Vs. Md Hedayetullah 48 DLR (AD) 128. Lawyers Involved: Rokonuddin Mahmood, Senior Advocate instructed by Bivash Chandra Biswas, Advocate-on-Record—For the Petitioner. Mahmudul Islam, Senior Advocate (Probir Ne......CJ Md. Abdul Matin J SAN Mominur Rahman J ABM Khairul Haque J Md. Muzammel Hossain J Surendra Kumar Sinha J Dr. Mohiuddin Khan Alamgir................................Petitioner Vs. Government of the People’s Republic of Bangladesh....................Respondents Judgmen..

Category: Election Law | Date: | Hits: 127

Aftab Hossain (Md) Vs. Secretary, Ministry of Home Affairs, Government of People’s Republic of Bangladesh, Secretariat & ors., 2001, 30 CLC (HCD)

....n (Criminal Miscellaneous Jurisdiction) Present: AK Badrul Huq J ABM Khairul Haque J Aftab Hossain (Md)………………… Petitioner Vs. Secretary, Ministry of Home Affairs, Government of People’s Republic of Bangladesh, Secretariat & ors…………………………......tion) Present: AK Badrul Huq J ABM Khairul Haque J Aftab Hossain (Md)………………… Petitioner Vs. Secretary, Ministry of Home Affairs, Government of People’s Republic of Bangladesh, Secretariat & ors…………………………….. Opposite Parties Judgment ......3 of 2001. Judgment AK Badrul Huq J. - The detenu Md. Aftab Hossain is under Preventive Detention in Barisal District Jail. The detenu stood arraigned for offence punishable under section 19(a) and (f) of the Arms Act, 1878 in Kotwali Police Station Case No. 30 dated 20-7-2001. On the strength......002) 266...

Category: Criminal Law | Date: | Hits: 39

Kalandiar Kabir Vs. Bangladesh and others, 2002, 31 CLC (HCD)

....rs………………. Respondents Judgment January 12, 2002. Cases Referred To- Mostafizur Rahman vs. Bangladesh 51 DLR (AD) 1; Salim Hasan vs. Bangladesh 45 DLR 318; Shahidul Haque vs. Government of East Pakistan 20 DLR 1005; Mrs. Tahera Islam vs. Secretary, Ministry of Home. Banglade......ourt High Court Division (Special Original Jurisdiction) Present: Md. Hamidul Haque J Nazmun Ara Sultana J Kalandiar Kabir……………………………..Petitioner Vs. Bangladesh and others………………. Respondents Judgment January 12, 2002. Cases Ref...... Ed. This Case is also Reported in: 54 DLR (2002) 258. ......preme Court High Court Division (Special Original Jurisdiction) Present: Md. Hamidul Haque J Nazmun Ara Sultana J Kalandiar Kabir……………………………..Petitioner Vs. Bangladesh and others………………. Respondents Judgment January 12, 2002. Ca..

Category: Constitutional Law | Date: | Hits: 195

Nure Alam and others Vs. State, 2002, 31 CLC (HCD)

....ether given in writing or reduced to writing as aforesaid, shall be signed by the person giving it, and the substance thereof shall be entered in a book to be kept by such officer in such form as the Government may prescribe in this behalf.” 43. Reference may be made to a case of Jhantu Mannan ......oner, Tangail will take immediate step to secure his arrest to serve out the sentence. Send down the lower Court’s record immediately. Ed. This Case is also Reported in: 54 DLR (2002) 242. ...... Ed. This Case is also Reported in: 54 DLR (2002) 242. ......gh Court Division (Criminal Appellate Jurisdiction) Present: Md. Muzammel Hossain J Md. Shamsul Huda J Nure Alam and others... ……………………………………….Appellants Vs. State………………………………. Respondent Judgment February 5, 2002. Ca..

Category: Criminal Law | Date: | Hits: 42

Parimal Chandra & others Vs. Shaheda Begum and others, 1999, 18 CLC (HCD)

....hers……………Respondents Judgment December 2, 1999. Cases Referred To- Abu Bashar Vs. Mehar Khatun, 35 DLR 6; Khairuzzaman and others Vs. Noor Hossain, 9 BLD 453; Nurul Hossain Vs. Government of Bangladesh, 47 DLR (AD) 108(17). Lawyers Involved: Muzibur Rahman, Advocate—Fo......…Respondents Judgment December 2, 1999. Cases Referred To- Abu Bashar Vs. Mehar Khatun, 35 DLR 6; Khairuzzaman and others Vs. Noor Hossain, 9 BLD 453; Nurul Hossain Vs. Government of Bangladesh, 47 DLR (AD) 108(17). Lawyers Involved: Muzibur Rahman, Advocate—For the Appellan......s immediately. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 206....... in: 52 DLR (HCD) (2000) 206...

Category: Procedural Law | Date: | Hits: 81

Bashiruddin (Md) Vs. Bangladesh and others, 1999, 18 CLC (HCD)

....t of the petitioner is not a merited one. In view of the discussion made above the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 201.......DLR (HCD) (2000) 201.......2000) 201.......in: 52 DLR (HCD) (2000) 201...

Category: Property Law | Date: | Hits: 33

Elders Ltd. Vs. Sunil Chandra Chowdhury & another, 2002, 31 CLC (HCD)

....the opportunity to decide the Trade Mark Application and thereby obstructed the proceeding before it and thereby showed his disrespect and disregard to this court. In a Republic it is expected that a Government official would discharge his duties honestly and sincerely without any fear or favour. Bu...... sentence him to pay fine of Taka 2,000 (two thousand) only and in default to suffer simple imprisonment for a period of 15 (fifteen) days. Ed. This Case is also Reported in: 54 DLR (2002) 227. ......Court Division (Civil Statutory Original Jurisdiction) Present: Syed Amirul Islam J Sikder Maqbul Huq J Elders Ltd………………………………….Petitioner Vs. Sunil Chandra Chowdhury & another………………… Contemner-Opposite Parties Judgment Februar...... Court High Court Division (Civil Statutory Original Jurisdiction) Present: Syed Amirul Islam J Sikder Maqbul Huq J Elders Ltd………………………………….Petitioner Vs. Sunil Chandra Chowdhury & another………………… Contemner-Opposite Parties Judg..

Category: Intellectual Property Law | Date: | Hits: 181

Sukurjan Bibi Vs. Chairman, Court of Settlement, Dhaka, 2001, 30 CLC (HCD)

....now Mirpur, Plot No. 17, Road No. 2, Block No. E, section 1 was allotted to Mr. MA Salam, son of Dr. Md. Asadullah by a registered deed of Settlement No. 4811 dated 23-5-1962 for 99 years by the then Government of East Pakistan with permission to construct houses thereon. The said allottee took poss......ent June 18, 2001. Cases Referred To- Shamim Begum vs. Chairman Court of Settlement and others 52 DLR 456; Chand Miah Talukder vs. Chairman, Court of Settlement, Dhaka and others 45 DLR 304; Bangladesh vs. Feroz Ahmed and others 1 BLC (AD) 149. Lawyers Involved: Md. Azizul Hoque, Advo......bi …………..Petitioner Vs. Chairman, Court of Settlement, Dhaka………….Respondent Judgment June 18, 2001. Cases Referred To- Shamim Begum vs. Chairman Court of Settlement and others 52 DLR 456; Chand Miah Talukder vs. Chairman, Court of Settlement, Dhaka and others 45 DL......4 DLR (2002)215. ..

Category: Property Law | Date: | Hits: 37

Bangladesh Vs. Sarwar Kamal, 2010, 39 CLC (AD)

....vil) Present : ABM Khairul Haque CJ Md. Muzammel Hossain J SK Sinha J Bangladesh, represented by the Secretary Ministry of Local Govt. Rural Development and Co-Operatives, (LGED) Local Government Division, Dhaka and others…………..Petitioners Vs. Sarwar Kamal……………......is Case is also Reported in: 16 BLC (AD) (2011) 8, 19 BLT (AD) 2011, 17.......urt Appellate Division (Civil) Present : ABM Khairul Haque CJ Md. Muzammel Hossain J SK Sinha J Bangladesh, represented by the Secretary Ministry of Local Govt. Rural Development and Co-Operatives, (LGED) Local Government Division, Dhaka and others…………..Petitioners Vs......J SK Sinha J Bangladesh, represented by the Secretary Ministry of Local Govt. Rural Development and Co-Operatives, (LGED) Local Government Division, Dhaka and others…………..Petitioners Vs. Sarwar Kamal……………………. Respondent Judgment October 28, 2010. Lawyers ..

Category: Civil Law | Date: | Hits: 104

Jiban Bima Corporation represented by its MD Vs. Md. Mohibul Majid and another, 1999, 28 CLC (HCD)

.... within 3 months from the date of receipt of the order. Communicate the order to the leaned Assistant Judge, 4th Court, Dhaka at once. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 186. ......iffs possession in the property. 3. The suit was eventually decreed on contest and the said decree has been affirmed by the Superior Courts including the Appellate Division of the Supreme Court of Bangladesh. Thereafter the petitioner filed Title Execution Case No. 2 of 1987 in the 4th Court of t......High Court Division (Civil Revisional Jurisdiction) Present: Gour Gopal Saha J Jiban Bima Corporation represented by its MD…………………….Petitioner Vs. Md. Mohibul Majid and another…………………………………….Opposite Parties Judgment March 23, 199......) 186. ..

Category: Procedural Law | Date: | Hits: 79

Maksuda Begum Vs. Secretary, Ministry of Home Affairs and 2 others, 1999, 28 CLC (HCD)

....d by District Magistrate, Barisal who was detained for a period of 30 days under section 3(2) of the Special Powers Act and the grounds of detention were communicated to him on 20-9-1999. Thereafter, Government by order dated, 11-10-1999 approved and extended the order of detention for a further per......ained in Dhaka Central Jail, is declared illegal and the said detenu be set at liberty forthwith if not wanted in any other connection. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 174.......visional Jurisdiction) Present: Md. Hamidul Haque J Amirul Kabir Chowdhury J Maksuda Begum…………….………………….Petitioner Vs. Secretary, Ministry of Home Affairs and 2 others……………Opposite Parties Judgment October 27, 1999. Lawyers Involved: ......ourt High Court Division (Criminal Revisional Jurisdiction) Present: Md. Hamidul Haque J Amirul Kabir Chowdhury J Maksuda Begum…………….………………….Petitioner Vs. Secretary, Ministry of Home Affairs and 2 others……………Opposite Parties Judgment ..

Category: Criminal Law | Date: | Hits: 44

Engineer Consultants and Associates Ltd. Vs. Commissioner of Taxes, Intelligence and Investigation Zone Dhaka, 1999, 28 CLC (HCD)

....in favour of the applicant. Accordingly this reference is answered in the negative and the parties are left to bear their own costs. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 170.......tes Ltd……………………Applicant Vs. Commissioner of Taxes, Intelligence and Investigation Zone Dhaka……………Respondent Judgment August 23, 1999. Cases Referred To- Bangladesh Taxes Decision 26 BTD (1998) (HCD); (1994) 12 ITR 393. Lawyers Involved: Khan Faziu......ase is also Reported in: 52 DLR (HCD) (2000) 170.......e Court High Court Division (Special Original Jurisdiction) Present: Syed Amirul Islam J SANM Rahman J Engineer Consultants and Associates Ltd……………………Applicant Vs. Commissioner of Taxes, Intelligence and Investigation Zone Dhaka……………Respondent ..

Category: Fiscal/Taxation Law | Date: | Hits: 65

Ahsan Ullah (Md) Vs. Bangladesh, represented by the Secretary, Ministry of Law and Justice and others, 1998, 27 CLC (HCD)

.... of the Act, 1974 vide Ordinance 49 of 1982 with effect from 25-11-1982. 9. Section 4 runs as follows: “4.Nikah Registrars.— For the purpose of Registration of marriages under this Act, the Government shall grant licences to such number of persons, to be called Nikah Registrars, as it may ......reme Court High Court Division (Special Original Jurisdiction) Present: Qazi Shafiuddin J Md. Abdul Aziz J Ahsan Ullah (Md).....................................Petitioner Vs. Bangladesh, represented by the Secretary, Ministry of Law and Justice and others…………Responde......risdiction) Present: Qazi Shafiuddin J Md. Abdul Aziz J Ahsan Ullah (Md).....................................Petitioner Vs. Bangladesh, represented by the Secretary, Ministry of Law and Justice and others…………Respondents Judgment June 30, 1998. Case Referred To- ......68...

Category: Employment/Service Law | Date: | Hits: 76

Abu Ashed Bhuiyan and Others Vs. Abu Taher Bhuiyan & others, 2000, 29 CLC (HCD)

....r the plaintiffs suit was dismissed under section 42 of the Specific Relief Act as being not maintainable. Mr. Bhuiyan has also relied on the decision in the case of Noor Mohammad Khan and others Vs. Government of Bangladesh and others reported in 42 DLR 434. In that suit the question of maintainabi......………Opposite Parties Judgment November 5, 2000. Cases Referred To- Munsur Ali Mallik vs. Md Nurul Hoque Mallik and others BCR 1986 (AD) 56; Noor Mohammad Khan and others vs. Govt. of Bangladesh and others 42 DLR 434. Lawyers Involved: Abdul Wadud Bhuiyan with Syed Mokaddes Ali......as to cost. Ed. This Case is also Reported in: 54 DLR (2002) 209. ......also Reported in: 54 DLR (2002) 209. ..

Category: Property Law | Date: | Hits: 23

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

....thority now mean that a “Local Authority” shall mean and include a Paurashava, 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 fund, or any corporation or other ......2) 202.......d Abdur Rahim Bhuiyan, Assistant Attorney-General— For the Respondent. (In Reference Application Nos. 27 to 32 & 34 to 36 of 1992). Reference Application Nos. 222, 223, 224 & 225 of 1991 and Nos. 27-32 & 34-36 of 1992. Judgment Syed Amirul Islam J.- As common question of law i......LR (2002) 202...

Category: Fiscal/Taxation Law | Date: | Hits: 94

Muslim (Md) Vs. Abdul Motaleb and others, 2001, 30 CLC (HCD)

....ored. The order of status quo in respect of the possession granted earlier by this Court is vacated. Send down the lower Court records. Ed. This Case is also Reported in: 54 DLR (2002) 196.......osite Parties Judgment July 29, 2001. Cases Referred To- Commander (Retd) AA Chowdhury vs. AKM Imam Hossain and others, 49 DLR 23; Mohammad Abdul Nasir and others vs. Peoples Republic of Bangladesh and others, 28 DLR 392; Pangoti Mangarao vs. Chinnadi Kisham Rao, AIR 1965 (Andhra) 98; K......DLR (2002) 196.......also Reported in: 54 DLR (2002) 196...

Category: Property Law | Date: | Hits: 33