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Md. Abul Kasem Vs. Government of Bangladesh, 2010, 39 CLC (AD)

....azlul Karim CJ Shah Abu Nayeem Mominur Rahman J ABM Khairul Haque J Md. Muzammel Hossain J Surendra Kumar Sinha J Md. Abul Kasem………………………………Petitioner Vs. Government of Bangladesh, represented by the Deputy Commissioner, Mymensingh and others…………...... Shah Abu Nayeem Mominur Rahman J ABM Khairul Haque J Md. Muzammel Hossain J Surendra Kumar Sinha J Md. Abul Kasem………………………………Petitioner Vs. Government of Bangladesh, represented by the Deputy Commissioner, Mymensingh and others………………Responden......Md. Muzammel Hossain J Surendra Kumar Sinha J Md. Abul Kasem………………………………Petitioner Vs. Government of Bangladesh, represented by the Deputy Commissioner, Mymensingh and others………………Respondents Judgment August 1, 2010. Lawyers Involved: Md. ......ammad Fazlul Karim CJ Shah Abu Nayeem Mominur Rahman J ABM Khairul Haque J Md. Muzammel Hossain J Surendra Kumar Sinha J Md. Abul Kasem………………………………Petitioner Vs. Government of Bangladesh, represented by the Deputy Commissioner, Mymensingh and others……..

Category: Property Law | Date: | Hits: 27

M/S. Sagar Swamvar Vs. Bangladesh, 2010, 39 CLC (AD)

....e disturbed. In view of the above, we find no merit in this appeal. The appeal is, therefore, dismissed without any order as to costs. Ed. This Case is also Reported in: VII ADC (2010) 957. ......vil) Present: Mohammad Fazlul Karim CJ Md. Abdul Matin J Shah Abu Nayeem Mominur Rahman J Surendra Kumar Sinha J M/S. Sagar Swamvar………………………….Appellant Vs. Bangladesh, represented by the Secretary, Ministry of Fisheries and Live Stocks, Bangladesh Secretar......J Shah Abu Nayeem Mominur Rahman J Surendra Kumar Sinha J M/S. Sagar Swamvar………………………….Appellant Vs. Bangladesh, represented by the Secretary, Ministry of Fisheries and Live Stocks, Bangladesh Secretariat, Dhaka and others…………………….Respondents Jud...... (Civil) Present: Mohammad Fazlul Karim CJ Md. Abdul Matin J Shah Abu Nayeem Mominur Rahman J Surendra Kumar Sinha J M/S. Sagar Swamvar………………………….Appellant Vs. Bangladesh, represented by the Secretary, Ministry of Fisheries and Live Stocks, Bangladesh S..

Category: Property Law | Date: | Hits: 34

Yunus Mia (Md) and others Vs. Bangladesh Krishi Bank & ors, 2001, 30 CLC (HCD)

.... is hereby re-called and vacated. The executing Court is directed to proceed with the execution as usual in accordance with law. Communicate. Ed. This Case is also Reported in: 54 DLR (2002) 123....... 123.......his Case is also Reported in: 54 DLR (2002) 123....... (2002) 123...

Category: Property Law | Date: | Hits: 27

Rezaul Karim Chowdhury (Md) & others Vs. Court of District Judge and Bankruptcy Court Chittagong and others, 2001, 30 CLC (HCD)

....he Bankruptcy Act provides that a formal demand shall have to be served in the prescribed form and shall state the consequences of non-compliance thereof. As per Bankruptcy Act under section 117, the Government has published Bankruptcy Rules 1997 and form No. 1 has been prescribed for making a forma...... at liberty to dismiss the plaint. Accordingly this Rule is discharged with observation as made above. There shall be no order as to costs. Ed. This Case is also Reported in: 54 DLR (2002) 122. ......ion (Special Original Jurisdiction) Present: Md. Abdul Matin J Mohammad Marziul Huq J Rezaul Karim Chowdhury (Md) & others ……….Petitioners Vs. Court of District Judge and Bankruptcy Court Chittagong and others…….Respondents Judgment October 25, 2001. La......preme Court High Court Division (Special Original Jurisdiction) Present: Md. Abdul Matin J Mohammad Marziul Huq J Rezaul Karim Chowdhury (Md) & others ……….Petitioners Vs. Court of District Judge and Bankruptcy Court Chittagong and others…….Respondents Judgm..

Category: Banking Law | Date: | Hits: 127

Mokbul Hossain Vs. Government of Bangladesh & ors., 2002, 31 CLC (HCD)

....n: 54 DLR (2002) 118. ......2) 118. ......use as to why the detenu Al-Haj Mokbul Hossain now detained in Dhaka Central Jail, should not be brought before this Court so that it may satisfy itself that he is not being held in custody illegally and without any lawful authority. 2. Mr. Amirul Islam who appeared in support of the Rule, at fir......orted in: 54 DLR (2002) 118. ..

Category: Criminal Law | Date: | Hits: 34

Mokim alias Md. Mokim Vs. State, 2002, 31 CLC (HCD)

..... Let the appellant be set at liberty forthwith if not wanted in connection with any other case. Send down the case record expeditiously. Ed. This Case is also Reported in: 55 DLR (2003) 81. ......led offence in framing charge is illegal and trial on such a charge is without jurisdiction. In a series of decisions passed by this court as well as by the Appellate Division of the Supreme Court of Bangladesh it is held that where the scheduled and non‑scheduled offences are tried together the q......DLR (AD) 18; Dulal Howlader Vs. State, 48 DLR 269; 1986 BLD (AD) 283; 51 DLR 154; 53 DLR (AD) 1; 41 DLR 385; 35 DLR 5, 127; 10 DLR (SC) 29. Lawyers Involved: Farhad Ahmed with Dewan Abdun Naser and Fazle Rabbi, Advocates‑ For the Appellant. ABM Waliur Rahman Khan, Assistant Attorney-­Gen......me Court High Court Division (Criminal Appellate Jurisdiction) Present: Md. Muzammel Hossain J Md. Shamsul Huda J Mokim alias Md. Mokim…………………………..Appellant Vs. State………………………………..………………..Respondent Judgment Apr..

Category: Criminal Law | Date: | Hits: 38

Ambia Khatun Vs. Bangladesh and others, 2009, 38 CLC (AD)

....Judgment August 10, 2009. Cases Referred to- Baldwin and Francis Ltd Vs. Parents Appeal Tribunal (1959) AC 663; Reg Vs. De Reuzen; Mostafa Kamal Vs. First Court of Settlement 48 DLR (AD) 61; Government of Bangladesh Vs. Md. Jalil 48 DLR (AD) 10=15 BLD (AD) 175=49 DLR (AD) 26. Lawyers Inv...... Supreme Court Appellate Division (Civil) Present: Mohammad Fazlul Karim J Md. Joynul Abedin J SAN Mominur Rahman J Ambia Khatun.............................Appellant Vs. Bangladesh and others.............Respondents Judgment August 10, 2009. Cases Referred to- ......urt Appellate Division (Civil) Present: Mohammad Fazlul Karim J Md. Joynul Abedin J SAN Mominur Rahman J Ambia Khatun.............................Appellant Vs. Bangladesh and others.............Respondents Judgment August 10, 2009. Cases Referred to- Baldwin ......) 200. ..

Category: Property Law | Date: | Hits: 30

Matasim Ali Chowdhury Vs. Md. Ismail, 2001, 30 CLC (HCD)

....h-west corner 0932 acre bounded on the North by Md Idris. South Mirza Abu Musa Abdul Hai at present Joynal & Abdul Hai by purchase. East at present Shafiqur Rahman Chowdhury by purchase and East- Government acquired land of Plot No. 935, is the purchased land of the plaintiff out of which suit l......ule stands discharged. Order of stay recorded by this Court at the time of issuance of Rule dated 5-11-2000 stands vacated. No costs. Ed. This Case is also Reported in: 54 DLR (2002) 104. ......e following two questions which are- (i) Whether Local Investigation under Order 26, rule 9 of the Code of Civil Procedure on matters stated in the application for Local investigation is essential and imperative in resolving the controversy and material issue involved in the suit for a decree of ...... Reported in: 54 DLR (2002) 104. ..

Category: Administrative Law | Date: | Hits: 236

Ekramaul Hoq, alias Tuku and Ors. Vs. State, 1987, 16 CLC (HCD)

....culation sheet as in the petition. 9. According to the calculation of the petitioner the working of the Sessions Court Narail from 12.12.85 excluding Fridays and other holidays sanc­tioned by the Government till 30.3.87 was 361 days and in coming to that figure of 361 days the petition­er had c......s Judge at Narail after the creation of that District and had to go around as a circuit bench hear­ing sessions at Narail and at Magura. That was a direction given to that court by the Government of Bangladesh. As to the "working days", in the instant case, the Sessions court at Magura could not an......orted in: 40 DLR (1988) 139.......igh Court Division (Criminal Revisional Jurisdiction) Presents: Anwarul Hoque Chowdhury J DM Ansaruddin Ahmed J Ekramaul Hoq, alias Tuku and Ors..................Accused Petitioner Vs. The State.........................................................Opposite Party Judgement..

Category: Criminal Law | Date: | Hits: 30

Abdus Sobhan Vs. Secretary, Ministry of Local Government, Rural Development and Co-­operatives and Ors., 1986, 16 CLC (HCD)

.... Original Jurisdiction) Present: Sultan Hossain Khan J Amin-Ur-Rahman Khan J Abdus Sobhan............................................Petitioner Vs. The Secretary, Ministry of Local Government, Rural Development and Co-­operatives and Ors.....................Respondents Judgmen......e order of the respondent No. 1 dated 23.4.86 refusing to quash the said reso­lution. 2. The petitioner Mr. Abdus Sobhan is a Sen­ior Advocate of the Appellate Division of the Su­preme Court of Bangladesh residing at Dhaka having his village home within Kowkhali Upazilla of Pirojpur district. ......sent: Sultan Hossain Khan J Amin-Ur-Rahman Khan J Abdus Sobhan............................................Petitioner Vs. The Secretary, Ministry of Local Government, Rural Development and Co-­operatives and Ors.....................Respondents Judgment December 8, 1986. Law......Court High Court Division (Special Original Jurisdiction) Present: Sultan Hossain Khan J Amin-Ur-Rahman Khan J Abdus Sobhan............................................Petitioner Vs. The Secretary, Ministry of Local Government, Rural Development and Co-­operatives and Ors.....

Category: Administrative Law | Date: | Hits: 185

Nurul Islam & others Vs. State, 1986, 15 CLC (HCD)

....m. It is directed that they should be set at liberty forthwith, if not wanted in any other connection. Sultan Hossain Khan J. - I agree. Ed. This Case is also Reported in: 40 DLR (1988) 122. ......ight of all circumstances on record and a court may ac­cept that portion of the evidence which gets support from other reliable evidence on record." The Appellate Division of the Supreme Court of Bangladesh in the case of Ekabbar Khan and others vs. The State reported in 29 DLR (AD) 221 also exp..........................Appellants Vs. The State……………………………...Respondent Judgment August 5, 1986. Cases Referred to- Nazrul Islam vs. State, 27 DLR 671; The Crown and Badiuzzaman vs. Abdul Majid Bepari 8 DLR (FC) 69, 9 DLR 247; Ekabbar Khan and others vs. The Sta...... Court High Court Division (Criminal Appellate Jurisdiction) Present: Sultan Hossain Khan J AM Mahmudur Rah­man J Nurul Islam & others.............................Appellants Vs. The State……………………………...Respondent Judgment August 5, 1986. Ca..

Category: Criminal Law | Date: | Hits: 27

Md. Makbul Hossain & oth­ers Vs. Sree Shibu Pada Dam, 1987, 16 CLC (HCD)

....ge has rightly rejected their application. The rule is, therefore, discharged without any order as cost. Mustafa Kamal J. - I agree. Ed. This Case is also Reported in: 40 DLR (1988) 120. ......oceed­ings before the grant of probate.” 9. In the case of Sreemati Charubala Shen Gupta vs. Abul Hashem and others reported in 33 DLR (AD) 254, the Appellate Division of the Su­preme Court of Bangladesh has held the same view. The relevant portion of the said decision reads as follows:- .................Petitioners Vs. Sree Shibu Pada Dam.............................Opposite Party Judgment November 3, 1987. Cases Referred to- Md. Abdul Jalil Anseri vs. SurendraNath Basu and others, 21 DLR, 331; Sreemati Charubala Shen Gupta vs. Abul Hashem and others, 33 DLR (AD) 254. ......88) 120. ..

Category: Property Law | Date: | Hits: 54

M.A. Hai and others Vs. Trading Corporation of Bangla­desh, 1987, 16 CLC (HCD)

....ladesh or the order of removal from service it­self. As they involve common question of law, they have been heard together and will be disposed of by the same judgment. 2. The petitioners are not Government servants. They are employees of the Trading Corporation of Bangladesh, a body corporate e......86, 33 of 1986. Judgment Mustafa Kamal J. - These five Rules Nisi were obtained at various times by these seven Peti­tioners under Article 102 of the Constitution of the People's Republic of Bangladesh challenging either the second show cause notices provisionally remov­ing them from the s......ules are discharged. Cases Referred to- 32 DLR (AD) 46; 31 DLR 326; Vitarelli vs. Seaton (1959) 359 US 535; 3 L Ed 2d 1012 Ramana Dayaram Shetty vs. The International Airport Authority of India and others, AIR 1979 (SC) 1928); M. Noman vs. the Dhaka Improve­ment Trust, 16 DLR (Dhaka) 536; The...... 355 of 1985) Md. Moslem ......................Petitioner (In Writ Petition No. 21 of 1986) Abul Kalam @ Abul Kalam (II) & Abdul Jabber....Petitioners (In Writ Petition No. 33 of 1986). Vs. Trading Corporation of Bangla­desh .............................................Respondent (..

Category: Employment/Service Law | Date: | Hits: 80

Sonali Bank Vs. Rana Oil Mill and ors., 1999, 28 CLC (HCD)

....exhibits. The fact admitted as appeared from the evidence of both the plaintiff and the defendants as well as from the exhibits are that, pursuant to a development credit agreement signed between the Government of Bangladesh and the IDA on 17th October, 1980 on 3rd IDA credit for an amount of US$ 35......vocates of both the parties at length. 6. The learned Advocate, Mr Mohammed Ali, appearing on behalf of the appellant, submits that, the plaintiff-bank has an agreement signed between them and the Bangladesh Bank in respect of disbursement of 3rd IDA credit as one of the designated banks and the ......ourt High Court Division (Civil Appellate Jurisdiction) Present: MA Choudhury J Md. Abdul Aziz J Sonali Bank………………….……………..Petitioner Vs. Rana Oil Mill and ors …………………..Respondents Judgment May 24, 1999. Cases Referred To- Koh......2000) 130. ..

Category: Civil Law | Date: | Hits: 85

Mohammod Hossain, Advocate Vs. Quamrul Islam Siddique, Secretary, Ministry of Housing and Public Works, Bangladesh Secretariat, Dhaka and others, 2001, 30 CLC (HCD)

....t 24 October, 2001. Lawyers Involved: Abdur Razzaque, Advocate— For the Petitioner. M Mahamudul Islam, Advocate— For Respondent No.1. A F Hassan Ariff Attorney General— For the Government. GN Goswami, AB Majumder, Advocates—For Respondent No. 1(A). Rafiqul Hoque, Advoc......l Jurisdiction) Present: M Hamidul Haque J Md. Imman Ali J Mohammod Hossain, Advocate……. Petitioner Vs. Quamrul Islam Siddique, Secretary, Ministry of Housing and Public Works, Bangladesh Secretariat, Dhaka and others………… Respondents Judgment 24 October, 2001....... (Special Original Jurisdiction) Present: M Hamidul Haque J Md. Imman Ali J Mohammod Hossain, Advocate……. Petitioner Vs. Quamrul Islam Siddique, Secretary, Ministry of Housing and Public Works, Bangladesh Secretariat, Dhaka and others………… Respondents Judgment ...... in: 54 DLR (2002) 88. ..

Category: Anti-Corruption Laws | Date: | Hits: 178

Begum Khaleda Zia Vs. Government of Bangladesh and others, 2010, 39 CLC (HCD)

....2011) HCD 189. ...... ......ourt High Court Division (Special Original Jurisdiction) Present: Nazmun Ara Sultana J Sheikh Hassan Arif J Begum Khaleda Zia...........Petitioner Vs. Government of Bangladesh and others .......... Respondents. Judgment October 13, 2010. Result: The rule is disch......, 8LG (2011) HCD 189. ..

Category: Property Law | Date: | Hits: 88

Canada Shipping and Trading SA Vs. TT Katikaayu and another, 2001, 30 CLC (HCD)

....ion Clause No. 11 of the Memorandum of Agreement dated 25th May, 2001 relating to sale of the vessel TT Katikaayu till disposal of the suit. Ed. This Case is also Reported in: 54 DLR (2002) 93. ......aying the proceedings should be rejected. Sub-section (1) and (2) of section 3 of the Arbitration Act are to the effect: 3. “Scope.- (1) This Act shall apply where the place of arbitration is in Bangladesh. (2) Notwithstanding anything contained in sub-section (1) of this section, the provis......u till disposal of the suit. Ed. This Case is also Reported in: 54 DLR (2002) 93. ......e is also Reported in: 54 DLR (2002) 93. ..

Category: Admiralty Law or Maritime Law | Date: | Hits: 184

State Vs. Rafiqul Islam alias Gadan, 2002, 31 CLC (HCD)

.... of deceased Rajah Ali. 6. PW 3 is Md. Akkil Ali. He was tendered and not examined by the prosecution. 7. PW 4 is Md. Abdul Quddus alias Abdul Baten. He stated that he is a teacher in Kuchamara Government Primary School (south) and he used to know Rajah Ali, since deceased. On 29‑4‑1994 he......y of this judgment be forwarded to the court of Additional Sessions judge, Court No‑1, Pabna for necessary action in accordance with law. Ed. This Case is also Reported in: 55 DLR (2003) 61. ......………Appellant Vs. Rafiqul Islam alias Gadan ....................Condemned Prisoner Judgment November 6, 2002. Cases Referred To- State Vs. Fazu Kazi alias Kazi Fazlur Rahman and others, 29 DLR (SC) 271; Rustam Ali and others Vs. State, 1989 BLD 477; Md Akbar Ali Vs. State, ......003) 61. ..

Category: Criminal Law | Date: | Hits: 38

Haji Arshad Ali Kari Vs. Asmat Ali Hawlader and others, 2008, 37 CLC (AD)

....…………………………………...............Petitioner Vs. Asmat Ali Hawlader and others……………………......Respondent Judgment July 30, 2008. Case Referred To- Government of Bangladesh Vs. Jalaluddin Ahmed, 37 DLR (AD) 27. Lawyers Involved: Syed Mahbubar......……………………...............Petitioner Vs. Asmat Ali Hawlader and others……………………......Respondent Judgment July 30, 2008. Case Referred To- Government of Bangladesh Vs. Jalaluddin Ahmed, 37 DLR (AD) 27. Lawyers Involved: Syed Mahbubar Rahman Advoca......lul Karim J Md. Tafazzul Islam J Md. Joynul Abedin J Md. Abdul Matin J Haji Arshad Ali Kari……………………………………...............Petitioner Vs. Asmat Ali Hawlader and others……………………......Respondent Judgment July 30, 2008. Case Referred To......ul Amin CJ Mohammad Fazlul Karim J Md. Tafazzul Islam J Md. Joynul Abedin J Md. Abdul Matin J Haji Arshad Ali Kari……………………………………...............Petitioner Vs. Asmat Ali Hawlader and others……………………......Respondent Judgment July 30,..

Category: Property Law | Date: | Hits: 30

Giyash Uddin Vs. Martuza Bibi and ors., 2010, 39 CLC (AD)

....below on proper assessment of evidence causing no failure of justice. We find no substance petitions which are accordingly dismissed. Ed. This Case is also Reported in: 18 BLT (AD) (2010) 316.......below on proper assessment of evidence causing no failure of justice. We find no substance petitions which are accordingly dismissed. Ed. This Case is also Reported in: 18 BLT (AD) (2010) 316.......(Civil) Present: MM Ruhul Amin J Md. Tafazzul Islam J Md. Abdul Matin J Giyash Uddin……………………………………………Petitioner (In both cases) Vs. Martuza Bibi and ors………………………………….Respondents (In both cases) Judgment January 2......pellate Division (Civil) Present: MM Ruhul Amin J Md. Tafazzul Islam J Md. Abdul Matin J Giyash Uddin……………………………………………Petitioner (In both cases) Vs. Martuza Bibi and ors………………………………….Respondents (In both cases) J..

Category: Property Law | Date: | Hits: 33