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Jaban Ali and others Vs. Tazir Muhammad and others, 2007, 36 CLC (HCD)

....The defendant Nos. 3 and 48 contested the suit by filing separate written statement denying all the material allegations made in the plaint; that the defendant No. 3 claims that the suit land was the Government Khas land, thereby he along with others took settlement of the suit land; that the defend......same subject-matter, if not otherwise barred by any law. Communicate the order at once with a copy of judgment for information. Ed. This Case is also Reported in: 59 DLR (2007) 584. ......in: 59 DLR (2007) 584. ......ferred To- Shyamal Chandra Roy vs. Probhat Chandra Roy, 51 DLR 504, Shahabuddin Ahmed vs. Upazila Education Officer, Bakerganj 41 DLR 168, 5 DLR 89, PLD 1968 Peshawar, 134. Lawyers involved: Md. Nazibar Rahman, Advocate—For the Petitioners. Not represented—For Opposite Party Nos. 1 a..

Category: Property Law | Date: | Hits: 23

Namita Rani Biswas and others Vs. Rabindra Nath Majhi and others, 2007, 36 CLC (HCD)

....ing with the disputed one to find out whether the two agree with each other, and the prudent course is to obtain the opinion and assistance of an expert." Our Appellate Division in the case of Government of Bangladesh vs. AKM Saiful Alam and others, 9 MLR (AD) 201 = 56 DLR (AD) 41 took the si......dents Judgment August 8, 2007. Cases Referred To- Manorama vs. Shiva Sundari 24 CWN 480. Kali Das vs. lshan Chander 31 Cal 914 (PC); State vs. Pali Ram, AIR 1974 (SC) 14; Bangladesh vs. AKM Saifiil Alam 9 MLR (AD) 201 - 56 DLR (AD) 41; Anil Behari Ghose vs. Sint Latika B......h Court Division (Civil Appellate Jurisdiction) Present: SK Sinha J ATM Fazle Kabir J Namita Rani Biswas and others………………………..Appellants Vs. Rabindra Nath Majhi and others……………………..Respondents Judgment ......ika Bala Dassi, AIR 1955 SC; Promode Kumar Roy vs. Sephalika Dutta, AIR 1957 Cal 631. Lawyers involved: Ahmed Nowshed Jamil for Hasan Foez Siddique Advocate—For the Appellants. Md. Kamrul Islam Siddique with Md. Bazlul Kabir Advocates—For the Respondents. Appeal from ..

Category: Property Law | Date: | Hits: 68

AHM Moazzem Hossain Vs. State, 2006, 35 CLC (HCD)

....pearing for the petitioner, submits, that the entire proceeding, having been barred under the provision of the Act, 2005 (Act XI of 2005), the petitioner need not move the learned Session Judge. ...... petitioner and another one, under the aforesaid section of the Act, 2005 alleging that the advertisement published on 21-8-2005 in Financial Express paper to the effect that British American Tobacco Bangladesh Company and their slogan "Success and Responsibility go together", according to the compl...... (Criminal Revisional Jurisdiction) Present: Sharifuddin Chaklader J Sk Abdul Awal J AHM Moazzem Hossain……………………………Accused-Petitioner Vs. State…………………………..Opposite Party Judgment August 15, 200......pearing for the petitioner, submits, that the entire proceeding, having been barred under the provision of the Act, 2005 (Act XI of 2005), the petitioner need not move the learned Session Judge. ..

Category: Health Law | Date: | Hits: 251

Aziz Hasan and others Vs. Bangladesh, 2007, 36 CLC (HCD)

....onohor Ali and others, 2003 BLD (AD) 51 = 8 BLC (AD) 87 = 8 MLR (AD) 113; Bangladesh and others vs. Mizanur Rahman, 52 DLR (AD) 149; Hannan vs. Collector of Customs, 40 DLR 273; Mustafizur Rahman vs. Government of Bangla­desh and 6 others51 DLR (AD) 40; Selim (Haji) vs. Collector of Customs, 54 DLR...... (Special Original Jurisdiction) Present: Md. Abdur Rashid J Md. Miftahuddin Choudhury J Aziz Hasan and others…………………….Petitioner Vs. Bangladesh represented by the Secretary, Ministry of Fin­ance and others……...Respondents (in al......t Division (Special Original Jurisdiction) Present: Md. Abdur Rashid J Md. Miftahuddin Choudhury J Aziz Hasan and others…………………….Petitioner Vs. Bangladesh represented by the Secretary, Ministry of Fin­ance and others……...Respond...... of receipt of this order. Ed. This Case is also Reported in: 59 DLR (2007) 563. ..

Category: Fiscal/Taxation Law | Date: | Hits: 64

Enamul Haq (Md) Vs. Jatiyo Bishwabiddalay and others, 2007, 36 CLC (HCD)

....lute. Cases Referred to- Dr. Md. Alamgir vs. Vice-Chancellor, BUET and others, 53 DLR 398; Dr Matiur Rob being dead his heirs Shamsun Nahar and others, 42 DLR (AD) 126; Azizuddin Industries vs. Government of Pakistan, 18 DLR 92; Chief Controller of Imports and Exports vs Hussain Ali Shah A. Fa......nder: Certificate/ Degree Board/ University Session Year Exam held Result Dakhil then equivalent to Class- VIII Bangladesh Madrashah Education Board 1981 1981 Second Division ......556. ......……...Petitioner Vs. Jatiyo Bishwabiddalay and others…………………….Respondents Judgment March 15, 2007. Result: The Rule is made absolute. Cases Referred to- Dr. Md. Alamgir vs. Vice-Chancellor, BUET and others, 53 DLR 398; Dr Matiur Rob being dead his heirs Sha..

Category: Employment/Service Law | Date: | Hits: 65

Muhaiminul Hasan Khan Vs. Md. Nurul Islam Khan and others, 2001, 30 CLC (HCD)

....fresh and dispose of the original application for succession certificate in the light of above observations. Send down the records at once. Ed. This Case is also Reported in: 54 DLR (2002)156.......e Judge at Dhaka for issue of a succession certificate in respect of Taka 2, 00,000 detailed in the schedules to the application left by his father, late Shahabuddin Ahmed Khan Squadron Leader of the Bangladesh Air Force. Said Shahabuddin Khan died on 16-8-90 in the Combined Military Hospital, Dhaka......)156....... above observations. Send down the records at once. Ed. This Case is also Reported in: 54 DLR (2002)156...

Category: Property Law | Date: | Hits: 36

Bura Yunus and others Vs. State, 2007, 36 CLC (HCD)

.... the charge under section 399 of the Penal Code. The appellants be set at liberty forthwith if not wanted in connection with any other case. Ed. This Case is also Reported in: 59 DLR (2007) 549.......oncocted case. Learned Advocate further submits that the evidence on record sufficiently supports probability of the defence version that PWs 5 and 14 have been using Doctor Kudarat-e-Khoda hostel of Bangladesh Leather Technology, as their abode for realising money and implicating innocent persons b......59 DLR (2007) 549.......Present: SK Sinha J Mamnoon Rahman J Bura Yunus and others………………….Appellants Vs. State…………………Respondent Judgment May 3, 2007. Lawyers involved: Md. Tareque Morshed, Advocate—For the Appellants. Saifuddin Md. Aminur Rahim, Deputy-Attorney-G..

Category: Criminal Law | Date: | Hits: 90

Shafique Ullah (Md) Vs. Chairman, Rupali Bank Ltd. and others, 2006, 35 CLC (HCD)

....charge he, as of right, cannot claim reinstatement in service. He adds that the finding of the Criminal Court acquit­ting the plaintiff is not binding upon the Civil Court. The plaintiff not being a Government ser­vant the rules of the Bangladesh Service Rules is not applicable in his case. ......nt in his service and the period of his absence in service might be treated as leave and he is entitled to get all arrear financial benefits of service. In this regard, he refers Rule No. 1972 of the Bangladesh Service Rules, part I. 6. Mr. Md. Golam Mostafa, the learned Advo­cate appearing ......Supreme Court High Court Division (Civil Revisional Jurisdiction) Present: AKM Fazlur Rahman J Shafique Ullah (Md)……………………………………………….Petitioner Vs. Chairman, Rupali Bank Ltd. and others…………………Opposite Parties Judgment A...... Chairman, Rupali Bank Ltd. and others…………………Opposite Parties Judgment August 2, 2006. Lawyers involved: Khair Ahmed, with Sarwar-e-Din, Advocates—For the Petitioner. Md. Golam Mostafa, with AKM Rezaul Karim Khan, Advocates—For the Opposite Parties. Civil Revisi..

Category: Criminal Law | Date: | Hits: 29

Birendra Chandra Das Vs. Samir Ghosh and others, 2007, 36 CLC (HCD)

....along with the affidavit-in-opposition and supplementary affidavit. 9. As stated hereinbefore that the suit was brought mainly against the letter dated 25-6-02 of the Deputy Commissioner and other Government functionaries cancelling the licence for exhibiting cinema. 10. Only grievance as app......ssessed at Taka 5,000,00. Order of stay granted at the time of issue of the Rule is hereby recalled and vacated. Communicate at once. Ed. This Case is also Reported in: 59 DLR (2007) 545. ......in: 59 DLR (2007) 545. ......reby recalled and vacated. Communicate at once. Ed. This Case is also Reported in: 59 DLR (2007) 545. ..

Category: Civil Law | Date: | Hits: 93

Mahmudur Rahman and another Vs. Bangladesh Bank and others, 2006, 35 CLC (HCD)

....d to have been made without lawful authority and is of no legal effect There will be no order as to costs. Ed. This Case is also Reported in: 59 DLR (2007) 540; 13 MLR (HCD) (2008) 353. ......Court High Court Division (Special Original Jurisdiction) Present: Tariq-ul-Hakim J Afzal Hossain Ahmed J Mahmudur Rahman and another……………………Petitioners Vs. Bangladesh Bank and others……………………….Respondents Judgment August 24, 2006. ......upreme Court High Court Division (Special Original Jurisdiction) Present: Tariq-ul-Hakim J Afzal Hossain Ahmed J Mahmudur Rahman and another……………………Petitioners Vs. Bangladesh Bank and others……………………….Respondents Judgment August 24, 2......desh Bank and others……………………….Respondents Judgment August 24, 2006. Result: The Rule is madeabsolute. Cases Referred To- IFIC Bank vs. Beximco Limited 57 DLR 154; Md. Mahbubul Alam vs. Bangladesh Bank 2004 LG 343 and 2005 BLD (AD) 23957 DLR (AD) 159. Lawyers i..

Category: Banking Law | Date: | Hits: 124

Begum Khaleda Zia Vs. Secretary, Ministry of Defence, Government Of Bangladesh, Ganobhaban Complex, Sher-e-Bangla Nagar, Dhaka and others, 2010, 39 CLC (AD)

....sion (Civil) Present : ABM Khairul Haque CJ Md. Muzammel Hossain J SK Sinha J Begum Khaleda Zia……………………….. Petitioner Vs. The Secretary, Ministry of Defence, Government of Bangladesh, Ganobhaban Complex, Sher-e-Bangla Nagar, Dhaka and others……………â€......) Present : ABM Khairul Haque CJ Md. Muzammel Hossain J SK Sinha J Begum Khaleda Zia……………………….. Petitioner Vs. The Secretary, Ministry of Defence, Government of Bangladesh, Ganobhaban Complex, Sher-e-Bangla Nagar, Dhaka and others………………Respondents ...... (2011) 14....... for hearing today after recess. This Order is also Reported in: 16 BLC (AD) (2011) 05, 19 BLT (AD) (2011) 14...

Category: Property Law | Date: | Hits: 73

Dr. Md. Golam Hossain Vs. Bangladesh and others, 2007, 36 CLC (HCD)

.... Dr. Md. Golam Hossain………………………………Petitioner Vs. Bangladesh and others……………………………Respondents Judgment May 3, 2007. Cases Referred To- Government of the People's Republic of Bangladesh vs. SM Fariduddin 21 DLR (AD) 155; Dr. Md. Mominul......urt High Court Division (Special Original Jurisdiction) Present: ABM Khairul Haque J SM Ziaul Karim J Dr. Md. Golam Hossain………………………………Petitioner Vs. Bangladesh and others……………………………Respondents Judgment May 3, 2007. Ca......reme Court High Court Division (Special Original Jurisdiction) Present: ABM Khairul Haque J SM Ziaul Karim J Dr. Md. Golam Hossain………………………………Petitioner Vs. Bangladesh and others……………………………Respondents Judgment May 3, 2007....... Ed. This Case is also Reported in: 59 DLR (2007) 533. ..

Category: Employment/Service Law | Date: | Hits: 89

Tahmid Ahmed Vs. Jalaluddin Jaffar Ali Hussain, 1999, 28 CLC (HCD)

....n accordance with law. The application is, therefore, allowed. Costs of the Objector to be paid out of the assets of the Company. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 141.......ry 7, 1999. Cases Referred To- Satish Chandra Banik and others Vs. Dhaka Jute Mills Ltd PLD 1968 (Dhaka) 610=19 DLR 280 (13 & 14); Ittefaq Group of Publications Limited and others Vs. Arab Bangladesh Bank Limited and others, 50 DLR 597; AIR 1973 (Vol. 60) SC 2389, AIR 1958 (Punjab) 190 an......Reported in: 52 DLR (HCD) (2000) 141....... paid out of the assets of the Company. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 141...

Category: Company Law | Date: | Hits: 222

Shamshad Asif Vs. Additional District Judge and others, 1999, 28 CLC (HCD)

....ules are discharged with cost at the rate of Taka 1,000.00 to be paid by the petitioner of each Rule to the contesting respondent No.2. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 138....... been made without lawful authority and of no legal effect. At the time of issuance of Rules further proceedings of the Bankruptcy cases in question were stated. 2. Respondent No.2 Al-Baraka Bank (Bangladesh) Ltd. filed aforesaid five Bankruptcy Cases against the petitioner and others praying for...... Supreme Court High Court Division (Special Original Jurisdiction) Present: Kazi Ebadul Hoque J Md. Muzammel Hossain J Shamshad Asif……………………………Petitioner Vs. Additional District Judge and others……….Respondents Judgment June 16, 1999. ......ting respondent No.2. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 138...

Category: Civil Law | Date: | Hits: 78

Abul Khair and others. Vs. Chairman, Chittagong Dock Sramik Parichalana Board and Chairman, Chittagong Port Authority, Chittagong and others, 2009, 38 CLC (AD)

....Finance and Accounts Officer and respondent No.6 is the Chief Medical Officer of Chittagong Dock Sami Parichalan Board Hospital and the respondent No.7 is the Secretary of Ministry of Shipping of the Government. All the appellants were appointed to do their respective jobs before formation of the af......tance in the submissions of the learned Counsel for the appellants. In the result, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: VII ADC (2010) 803.......reme Court Appellate Division (Civil) Present: Mohammad Fazlul Karim J Md. Joynul Abedin J ABM Khairul Haque J Abul Khair and others................................Appellants Vs. Chairman, Chittagong Dock Sramik Parichalana Board and Chairman, Chittagong Port Authority, C......appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: VII ADC (2010) 803...

Category: Labour and Industrial Law | Date: | Hits: 109

Md. Alamgir Hossain and others Vs. Bangladesh Bank, repre­sented by the Governor and others, 2009, 38 CLC (AD)

.... instead of resorting to the shortcut pro­vision of rule 13(ii) of the Regulations, 2003. Accordingly, the petitions are dis­posed of. Ed. This Case is also Reported in: VII ADC (2010) 799. ....... 1322 of 2008) Jalaluddin Chowdhury……............Petitioner (In Civil Petition No. 1323 of 2008) Abul Kalam (3)....................Petitioner (In Civil Petition No. 1324 of 2008) Vs. Bangladesh Bank, repre­sented by the Governor and others….......Respondents (In all the cases) ......tion No. 1322 of 2008) Jalaluddin Chowdhury……............Petitioner (In Civil Petition No. 1323 of 2008) Abul Kalam (3)....................Petitioner (In Civil Petition No. 1324 of 2008) Vs. Bangladesh Bank, repre­sented by the Governor and others….......Respondents (In all the ca...... Accordingly, the petitions are dis­posed of. Ed. This Case is also Reported in: VII ADC (2010) 799. ..

Category: Administrative Law | Date: | Hits: 215

Azizur Rahman Vs. Bangladesh Shilpa Rin Sangstha and ors., 2002, 31 CLC (HCD)

..... In the result, the Rule is discharged without any order as to costs. The order of stay granted earlier by this Court is hereby vacated. Ed. This Case is also Reported in: 55 DLR (2003) 107....... High Court Division (Civil Revisional Jurisdiction) Present: Gour Gopal Saha J Md. Abdus Salam J Azizur Rahman…………………………………………Petitioner Vs. Bangladesh Shilpa Rin Sangstha and ors…………………………...Opposite Parties Judgment ......e Court High Court Division (Civil Revisional Jurisdiction) Present: Gour Gopal Saha J Md. Abdus Salam J Azizur Rahman…………………………………………Petitioner Vs. Bangladesh Shilpa Rin Sangstha and ors…………………………...Opposite Parties Ju......this Court is hereby vacated. Ed. This Case is also Reported in: 55 DLR (2003) 107...

Category: Civil Law | Date: | Hits: 79

Hafizuddin Ahmed Vs. M Aslam Miah & others, 2002, 31 CLC (HCD)

....standing anything contained elsewhere in the Ordinance or in any other law for the time being in force or in any waqf deed or in any contract, the Administrator may, with the previous sanction of the Government, transfer any part of a waqf property by sale, mortgage, exchange or lease if he consider......to protect the waqfs and improve the charities thereunder. To achieve this purpose, the legislation allowed transfer of a part of the waqf property earlier, in India with sanction of the Court and in Bangladesh, of the Administrator. In case of any waste or harm of any such property, not only the Ad......R (2003) 95.......trator of Waqfs for his perusal and necessary action. Ed. This Case is also Reported in: 55 DLR (2003) 95...

Category: Trust/Waqf Law | Date: | Hits: 228

Uzzal alias Elias Hossain Vs. State, 2006, 35 CLC (HCD)

....in and to be paid to the informant Abdul Mannan, the father of the victim, as compensation. Send down the lower Court records at once. Ed. This Case is also Reported in: 59 DLR (2007) 505.......the learned Deputy Attorney-General submitted that the presence of the leaders of the Awami League at the house of the victim could not have any effect on the fate of the case, since in the year 2002 Bangladesh Nationalist Party (BNP) was in power, Moreover, he submitted, there is nothing on record ......ourt Division (Criminal Appellate Jurisdiction) Present: Md. Imman Ali J AKM Fazlur Rahman J Uzzal alias Elias Hossain…………………………. Condemned Prisoner-Appellant Vs. State…………………………………………………………. Respondent Judgme...... Send down the lower Court records at once. Ed. This Case is also Reported in: 59 DLR (2007) 505...

Category: Criminal Law | Date: | Hits: 35

HP Cold Rolling Mills Ltd. Vs. National Board of Revenue and others, 2007, 36 CLC (HCD)

....of Parliament, namely, Finance Act of 1997 under Article 83 of the Constitution. Article 84 of the Constitution provides- (1) All revenues received by the Govern­ment, all loans raised by the Government, and all moneys received by it in repayment of any loan shall form part of one fund to be......……………………………….Petitioner Vs. National Board of Revenue and others…………………Respondents Judgment July 25, 2007. Case Referred To- Zaminur Rahman vs Bangladesh, 31 DLR (AD) 171 . Lawyers involved: Mahmudul Islam with MA Hannan, Advocates—For...... Division (Special Original Jurisdiction) Present: Md. Abdur Rashid J Md. Miftahuddin Choudhury J HP Cold Rolling Mills Ltd……………………………………….Petitioner Vs. National Board of Revenue and others…………………Respondents Judgment July 25,......of receipt of this order. Communicate at once. Ed. This Case is also Reported in: 59 DLR (2007) 483...

Category: Fiscal/Taxation Law | Date: | Hits: 93