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Kadam Ali Bhuiyan (Md) Vs. Begum Saheda Nur, 2007, 36 CLC (HCD)

....er at the time of issue of the Rule on 20-4-1999 is hereby recalled and vacated. Send down the records at once. Ed. This Case is also Reported in: 59 DLR (2007) 175; 13 MLR (HCD) (2008) 242. ......er at the time of issue of the Rule on 20-4-1999 is hereby recalled and vacated. Send down the records at once. Ed. This Case is also Reported in: 59 DLR (2007) 175; 13 MLR (HCD) (2008) 242. ......ur……………………..Opposite-Parties Judgment February 15, 2007. Result: The Rule is made absolute   Right to easement   If a pathway is used for egress and ingress from his (her) land by anybody for more than twenty years as an easement, nobody or auth......07) 175; 13 MLR (HCD) (2008) 242. ..

Category: Property Law | Date: | Hits: 30

Tahera Begum and others Vs. First Court of Settlement and others, 2006, 35 CLC (HCD)

....rt may seem fit and proper. 2. The petitioners' case is that one Md. Mujtaba Siddique, son of late Mustafa Siddique was the original owner of the disputed property which was allotted to him by Government of the then East Pakistan through a letter dated 23-1-1960 and pursuant to the aforesaid ...... Attorney-General — For the Respondents. Writ Petition No. 4361 of 2000. Judgment Mashuque Hosain Ahmed J.- This Rule Nisi under Article 102 of the Constitution of the People's Republic of Bangladesh was issued, calling upon the respondents to show cause as to why the impug­ned judgment ......s Case is also Reported in: 59 DLR (2007) 173. ...... High Court Division (Special Original Jurisdiction) Present: Md. Joynul Abedin J Mashuque Hosain Ahmed J Tahera Begum and others……………………………….Petitioners Vs. First Court of Settlement and others……………..Respondents Judgment August 17, 20..

Category: Property Law | Date: | Hits: 29

AVP, Uttara Bank Ltd. Vs. Shahabuddin Khan and others, 2006, 35 CLC (HCD)

....ds were fractured. He was under treatment for about 5/6 months and after recovery he joined in his office at Mymensingh Branch in the month of November 1989. In spite of specific instruction from the Government that on the Victory Day the national flag would be hoisted on all Government and Semi-Gov...... cost. Send down the lower Court's records at once with a copy of this judgment for information and taking necessary action. Ed. This Case is also Reported in: 59 DLR (2007) 166. ......rt High Court Division (Civil Revisional Jurisdiction) Present: AKM Fazlur Rahman J AVP, Uttara Bank Ltd. ............Petitioner Vs. Shahabuddin Khan and others...………Opposite-Parties Judgment June 27, 2006. Cases Referred T......DLR (2007) 166. ..

Category: Employment/Service Law | Date: | Hits: 69

Torab Ali (Md) Vs. Government of the People's Republic of Bangladesh and Others, 2005, 34 CLC (HCD)

....Supreme Court High Court Division (Civil Revisional Jurisdiction) Present: Afzal Hossain Ahmed J Torab Ali (Md) …………………..Petitioner Vs. Government of the People's Republic of Bangladesh and Others……………Opposite-Parties J......n (Civil Revisional Jurisdiction) Present: Afzal Hossain Ahmed J Torab Ali (Md) …………………..Petitioner Vs. Government of the People's Republic of Bangladesh and Others……………Opposite-Parties Judgment January 10, 2005. ......Civil Revisional Jurisdiction) Present: Afzal Hossain Ahmed J Torab Ali (Md) …………………..Petitioner Vs. Government of the People's Republic of Bangladesh and Others……………Opposite-Parties Judgment January 10, 2005. Case Refer......007) 154. ..

Category: Property Law | Date: | Hits: 32

Continental Traders Vs. Bangladesh Textile Mills Corporation and others, 2006, 35 CLC (HCD)

....ore, dismissed. 23. The respective parties are directed to bear their respective costs. Send down the LC Records at once. Ed. This Case is also Reported in: 59 DLR (2007) 151. ......vision (Civil Appellate Jurisdiction) Present: Mir Hashmat Ali J Md. Fazlur Rahman J Continental Traders………………..Defendant-Appellant Vs. Bangladesh Textile Mills Corporation and others……………..Respondents Judgment N......diction) Present: Mir Hashmat Ali J Md. Fazlur Rahman J Continental Traders………………..Defendant-Appellant Vs. Bangladesh Textile Mills Corporation and others……………..Respondents Judgment November 9, 2006. Cases Referre......gh Court Division (Civil Appellate Jurisdiction) Present: Mir Hashmat Ali J Md. Fazlur Rahman J Continental Traders………………..Defendant-Appellant Vs. Bangladesh Textile Mills Corporation and others……………..Respondents Judgme..

Category: Civil Law | Date: | Hits: 87

Mirzaboo Steels Ltd. Vs. Government of Bangladesh and others, 2006, 35 CLC (HCD)

.... (2007) 141. ......Supreme Court High Court Division (Special Original Jurisdiction) Present: MH Haider J Farah Mahbub J Mirzaboo Steels Ltd…………….Petitioner Vs. Government of Bangladesh and others......Respondent Judgment December 13, 2006. Result: The Rule is d......rt High Court Division (Special Original Jurisdiction) Present: MH Haider J Farah Mahbub J Mirzaboo Steels Ltd…………….Petitioner Vs. Government of Bangladesh and others......Respondent Judgment December 13, 2006. Result: The Rule is discharged w......: 59 DLR (2007) 141. ..

Category: Civil Law | Date: | Hits: 133

Abul Kalam (Md.) Vs. Md. Habuluddin and others, 2007, 36 CLC (HCD)

.... and had not materially affected its ultimate decision on the issue of recount. 15. Sub-rule (4) of rule 37 of the Paurashava (Election) Rules, 1977, in short, the Rules, which was made by the Government empowered by sec­tion 146 of the Paurashava Election Ordinance, 1977 hereinafter referre...... thousand. Order of stay granted at the time of issue of the Rule is hereby recalled and vacated. Send down the record at once. Ed. This Case is also Reported in: 59 DLR (2007) 137. ......eme Court High Court Division (Civil Revisional Jurisdiction) Present: Md. Abdur Rashid J Abul Kalam (Md.).............Petitioner Vs. Md. Habuluddin and others…………Opposite-Parties Judgment February 19, 2007. Cases Refer......: 59 DLR (2007) 137. ..

Category: Election Law | Date: | Hits: 99

Monir Hossain Vs. Artha Rin Adalat No.4, Dhaka & others, 2010, 39 CLC (AD)

....rit petition is not legally maintainable. We, therefore, find no reason to interfere with the same. The petition is accordingly dismissed. This Case is also Reported in: 15 MLR (AD) (2010) 236. ......the loan and purchased two Mercedes Buses which were registered and insured in the name of the plaintiff bank. The said two buses started playing on Dhaka-Benapole-Dhaka route under the banner of the Bangladesh Paribahan. While the defendant-respondents were carrying on with the transport business, ......nstructed by Mvi. Md. Wahidullah, Advocate-on-Record- For Respondent No. 2. Not represented- Respondent Nos.1, 3-10. Civil Petition for Leave to Appeal No. 1101 of 2009. (From the judgment and order dated 20.04.2009 passed by the High Court Division in Writ Petition No.10926 of 2006.) ......l) Present: Mohammad Fazul Karim CJ Md. Abdul Matin J BK Das J ABM Khairul Haque J Md. Muzammel Hossain J Surendra Kumar Sinha J Monir Hossain....................Petitioner Vs. The Artha Rin Adalat No.4, Dhaka & others..............Respondents Judgment Februar..

Category: Civil Law | Date: | Hits: 78

Mohammad Mustafizur Rahman, Principal, Matrai Science and Technical College, Joypurhat Vs. N. M. Showkat Habib Talukder, Logic and others, 2007, 36 CLC (AD)

....ge of the respondent not being eligible was rightly denied necessary permission as it is located within 300 yards from Matrai Science and Technical College of the petitioner being in violation of the Government policy. 4. The learned Judges of the High Court Division on due consideration of the m......of Education granted necessary permission to Matrai Science and Technical College of the petitioner merely on political consideration although it was admittedly established under different Board i.e. Bangladesh Technical Education Board and at a much later date whereas the Matrai Model College appli...... 194.......Fazlul Karim J Amirul Kabir Chowdhury J Md. Joynul Abedin J Mohammad Mustafizur Rahman, Principal, Matrai Science and Technical College, Joypurhat...............................Petitioner Vs. N. M. Showkat Habib Talukder, Logic and others............ Respondents Judgment April 3..

Category: Others | Date: | Hits: 92

Mrs. Zinnatul Ara and others Vs. Bangladesh, 2009, 38 CLC (AD)

....d Fazlul Karim J Md. Joynul Abedin J Md. Abdul Matin J Shah Abu Nayeem Mominur Rahman J ABM Khairul Haque J Mrs. Zinnatul Ara and others...........................Petitioners Vs. Government of the People's Republic of Bangladesh, represented by the Secretary, Ministry of Law, Ju...... Md. Abdul Matin J Shah Abu Nayeem Mominur Rahman J ABM Khairul Haque J Mrs. Zinnatul Ara and others...........................Petitioners Vs. Government of the People's Republic of Bangladesh, represented by the Secretary, Ministry of Law, Justice and Parliamentary Affairs and oth......ision (Civil) Present: MM Ruhul Amin CJ Mohammad Fazlul Karim J Md. Joynul Abedin J Md. Abdul Matin J Shah Abu Nayeem Mominur Rahman J ABM Khairul Haque J Mrs. Zinnatul Ara and others...........................Petitioners Vs. Government of the People's Republic of Ba......Mohammad Fazlul Karim J Md. Joynul Abedin J Md. Abdul Matin J Shah Abu Nayeem Mominur Rahman J ABM Khairul Haque J Mrs. Zinnatul Ara and others...........................Petitioners Vs. Government of the People's Republic of Bangladesh, represented by the Secretary, Ministry of ..

Category: Civil Law | Date: | Hits: 85

MGH Infocomm Ltd. Vs. Bangladesh, represented by Secretary, Ministry of Information, 2006, 35 CLC (HCD)

....process the petitioner obtained a trade licence from the Dhaka City Corporation (Annexure-'F'), got itself registered with the VAT authority (Annexure 'F(1)', and also obtained a certificate from the Government Bureau of Imports and Exports (Annexure-T(2)', and also in keeping with the requirements ...... (Special Original Jurisdiction) Present: Salma Masud Chdwdhury J Syed Refaat Ahmed J MGH Infocomm Ltd......................................Petitioner Vs. Bangladesh, represented by Secretary, Ministry of Information....Respondent Judgment D......cation under Article 102 of the Constitution a Rule Nisi was issued calling upon the respondent to show cause as to why the respondent should not be direct to grant/issue a "No Objection Certificate" and give registration in favour of the petitioner to allow the petitioner to broadcast, import progr......vision (Special Original Jurisdiction) Present: Salma Masud Chdwdhury J Syed Refaat Ahmed J MGH Infocomm Ltd......................................Petitioner Vs. Bangladesh, represented by Secretary, Ministry of Information....Respondent Judgme..

Category: Information Technology Law | Date: | Hits: 171

Chairman, RAJUK Vs. Abdul Matin Crore, 2006, 35 CLC (HCD)

....stands dismissed. Send down the lower Court's records at once with a copy of the judgment for information and necessary action. Ed. This Case is also Reported in: 59 DLR (2007) 118. ......kar Siddique, Assistant Director Estate, who on cross-examination proved auction notice published in the "Dainik Janakantha" dated 25-11-1996 as Exhibit 5. He also proved auction notice published in "Bangladesh Observer" dated 6­1-1990 and in the "Dainik Bangla" dated 7-1-1990, list of the bidders,......man, RAJUK.........Appellant Vs. Abdul Matin Crore..........Respondent Judgment May 25, 2006. Cases Referred To- Moslem Ahamed Sarker (Md) vs. Abdul Khaleque and others, 50 DLR 616; Safi Ahamed Chowdhury vs. Pubali Bank, 54 DLR 310. Syed Noor Md. Shah vs. Fa...... ..

Category: Property Law | Date: | Hits: 31

Abul Bashar Sowdagar and others Vs. Bacha Meah & others, 2006, 35 CLC (HCD)

....ants of Sailakupa Mouza and have cultivable lands at Sailakupa. There are about 336.52 acres of cultivable lands in Sailakupa which is a low-lying area. At the request of the people of this area, the Government allowed construction of a dam across the Balukali khal at Sailakupa by taking up a scheme...... In the result, the Rule is discharged without any order as to costs. Sent down the LC record with a copy of the judgment. Ed. This Case is also Reported in: 59 DLR (2007) 112. ......ase is also Reported in: 59 DLR (2007) 112. ...... High Court Division (Civil Revisional Jurisdiction) Present: Syed Mahmud Hossain J Abul Bashar Sowdagar and others…………………………Petitioners Vs. Bacha Meah & others………………………………………..…….. Opposite-P..

Category: Property Law | Date: | Hits: 25

Nurjahan Begum Vs. Nur Rahman and Others, 2006, 35 CLC (HCD)

....thers 7 DLR 94; Abdul Kader Rari and others vs Kaiser Ahmed Howlader 3 MLR 227 = 4 BLC 17; Parkash Chand vs Hans Raj, AIR 1994 HP 144; Santosh Kumar Chakraborty vs MA Motaleb Hossain 36 DLR (AD) 248; Government of Bangladesh represented by the Additional Deputy Commissioner (Rev) vs Abdul Hoque Khan......; Abdul Kader Rari and others vs Kaiser Ahmed Howlader 3 MLR 227 = 4 BLC 17; Parkash Chand vs Hans Raj, AIR 1994 HP 144; Santosh Kumar Chakraborty vs MA Motaleb Hossain 36 DLR (AD) 248; Government of Bangladesh represented by the Additional Deputy Commissioner (Rev) vs Abdul Hoque Khan and others 3 ...... Supreme Court High Court Division (Civil Revisional Jurisdiction) Present: S Rahman Miah J SM Ziaul Karim J Nurjahan Begum………………....Petitioner Vs. Nur Rahman and others……… Opposite Parties Judgment August 28, 2006. Result: The Rule is disch......sion Judgment here. Supreme Court High Court Division (Civil Revisional Jurisdiction) Present: S Rahman Miah J SM Ziaul Karim J Nurjahan Begum………………....Petitioner Vs. Nur Rahman and others……… Opposite Parties Judgment August 28, 2006. Result: ..

Category: Property Law | Date: | Hits: 49

State Vs. Md. Roushan Mondal @ Hashem , 2006, 35 CLC (HCD)

....d the sentencing options available in respect of children; to entrench the notion of restorative justice in respect of children; and to provide for matters incidental thereto." Although the Indian Government already had the Juvenile Justice Act, 1986 in force, a new legislation was passed after t......man J State................................... Petitioners Vs. Md. Roushan Mondal @ Hashem ……………..Condemned Prisoner Appellant Judgment July 9, 2006. Cases Referred To- Bangladesh Legal Aid and Services Trust and another vs. Bangladesh & others 7 BLC 85 = 2002 BLD .................................. Petitioners Vs. Md. Roushan Mondal @ Hashem ……………..Condemned Prisoner Appellant Judgment July 9, 2006. Cases Referred To- Bangladesh Legal Aid and Services Trust and another vs. Bangladesh & others 7 BLC 85 = 2002 BLD 206; Md. Shamim vs. S......006) 549. ..

Category: Criminal Law | Date: | Hits: 167

SM Hasan Faruqi and others Vs. Controller of Examination, National University, and others, 2005, 34 CLC (HCD)

....ure C) should not be declared to have been passed without lawful authority and is of no legal effect. 2. The short facts of the petitioner's case are, that they were regular students of Patuakhali Government College, who appeared for Honours examination from the Department of Management in the ex......e said examina­tion for the next consecutive three years is hereby declared to have been passed illegally and without any lawful authority. Ed. This Case is also Reported in: 59 DLR (2007) 58. ...... This Case is also Reported in: 59 DLR (2007) 58. ......ourt High Court Division (Special Original Jurisdiction) Present: ABM Khairul Haque J ATM Fazle Kabir J SM Hasan Faruqi and others....................................Petitioners Vs. Controller of Examination, National University, and others………..Respondents Judgment ..

Category: Others | Date: | Hits: 72

Siddiqur Rahman Vs. Chairman, Divisional Labour Court and others, 2006, 35 CLC (HCD)

....cement of the hearing of the case on 17-8-1998. 14. In this context we would like to refer to section 35 of the Industrial Relations Ordinance, 1969 which reads as follows: 35. (1) The Government may, by notification in the Official Gazette, establish as many Labour Courts as it consi...... to have been passed without lawful authority and to be of no legal effect and the Rule is liable to be made absolute. In support of his contention Mr. Nawab Ali has cited the decision in the case of Bangladesh Steamer Agents' Association vs. Bangladesh & ors. reported in 31 DLR (AD) 272. ......Jurisdiction) Present: Md. Muzammel Hossain J Farid Ahmed J Siddiqur Rahman……………………………Petitioner Vs. Chairman, Divisional Labour Court and others……….Respondents Judgment March 12, 2006. Cases Referred To- ......igh Court Division (Special Original Jurisdiction) Present: Md. Muzammel Hossain J Farid Ahmed J Siddiqur Rahman……………………………Petitioner Vs. Chairman, Divisional Labour Court and others……….Respondents Judgment ..

Category: Labour and Industrial Law | Date: | Hits: 108

AKM Abdul Latif Vs. Banani Metal Limited and others, 1998, 27 CLC (HCD)

....f default in making the payment does not arise. The application for winding up of the respondent Company is, accordingly, rejected. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 62. ...... outside the Court and, as such, the application for liquidation of the company is not maintainable. The respondent No. 2 has denied flatly that the respondent No. 1 is unable to pay its debt. 11. Bangladesh Shilpa Bank, who is respondent No. 4 in this petition, has also filed affidavit-in-opposi...... ...... in: 52 DLR (HCD) (2000) 62. ..

Category: Company Law | Date: | Hits: 239

Afzal Khan (Md) Vs. Md. Azmal Khan and others, 2006, 35 CLC (HCD)

....ed to proceed with the trial of the suit as expeditiously as possible. The order of stay granted earlier by this Court is hereby vacated. Ed. This Case is also Reported in: 59 DLR (2007) 43. ...... Sajjadur Rahman 51 DLR 420; Abul Kalam Azad vs Sunhar Ali 46 DLR (AD) 130; Major (Retd) M Afsaruddin vs Kamal Rahman 41 DLR 190; Kirtish Chandra Dev vs. Begum Sufia Akhtar 1992 BLD 591 = 46 DLR 313; Bangladesh vs. Md Aslam and others 44 DLR 69; Samarendra Nath Roy Chowdhury vs. Abdul Jabbar 46 DLR ...... High Court Division (Civil Revisional Jurisdiction) Present: Syed Amirul Islam J Sheikh Abdul Awal J Afzal Khan (Md)..............................Petitioner Vs. Md. Azmal Khan and others………………Opposite Parties Judgment February 7, 2006 Cases Referred to- ......e. Supreme Court High Court Division (Civil Revisional Jurisdiction) Present: Syed Amirul Islam J Sheikh Abdul Awal J Afzal Khan (Md)..............................Petitioner Vs. Md. Azmal Khan and others………………Opposite Parties Judgment February 7, 2006 ..

Category: Property Law | Date: | Hits: 42

Doly Enterprise & others Vs. Additional District Judge, 1st Court, Dhaka and another, 2006, 35 CLC (HCD)

.... as amicus curiae. Let a copy of this judgment and order be sent to the Court concerned for information and necessary action. Ed. This Case is also Reported in: 59 DLR (2007) 37. ......R 1957 Assam 133. Lawyers involved: AKM Asiful Hoque, Advocate—For the Petitioners. Shaheed Alam, Advocate—For Respondent No.2. AJ Mohammad Ali, Attorney-General—For Bangladesh and Md. Kamrul Huda, Advocate—Amicus Curiae. Writ Petition No. 1547 of 20006. ...... Farah Mahbub J Doly Enterprise & others………………………………………………………………Petitioners Vs. Additional District Judge, 1st Court, Dhaka and another…………Respondents Judgment October 19, 2006. Cases Referred To......ion) Present: Mirza Hussain Haider J Farah Mahbub J Doly Enterprise & others………………………………………………………………Petitioners Vs. Additional District Judge, 1st Court, Dhaka and another…………Respondents Jud..

Category: Civil Law | Date: | Hits: 90