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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

Managing Director, Rupali Bank Limited & Ors. Vs. Chairman, First Labour Court & ors., 1992, 21 CLC (HCD)

....ufficient materials and as such the decision does not call for any interference by this court. In the result, the Rule stands discharged. Ed. This Case is also Reported in: 46 DLR (1994) 143. ......hid Ahmed, Advocates- For the Respondents. Writ Petition No. 195 of 1987. Judgment Syed Fazle Ahmed J.-Rule Nisi was issued under Article 102 of the Constitution of the People's Republic of Bangladesh calling upon the respondents to show cause as to why the decision and order dated 28.1.19...... Judgment Syed Fazle Ahmed J.-Rule Nisi was issued under Article 102 of the Constitution of the People's Republic of Bangladesh calling upon the respondents to show cause as to why the decision and order dated 28.1.1981 passed by the Respondent No. I in IRO Case No. 52 of 1980 should not be de......(Special Original Jurisdiction) Present: Syed Fazle Ahmed J Mainur Reza Chowdhury J Managing Director, Rupali Bank Limited & Ors…………………………………..Petitioners Vs. Chairman, First Labour Court & ors………………………………………………..

Category: Labour and Industrial Law | Date: | Hits: 93

Bangladesh Water Development Board Vs. Golam Robbani Khan and others, 2006, 35 CLC (AD)

....ormed by the writ petitioner and approved by the highest authority of the respondents. The leave petition is accordingly dismissed. Ed. This Case is also Reported in: 15 MLR (AD) (2010) 402. ...... in: 15 MLR (AD) (2010) 402. ...... Mohammad Fazlul Karim J Amirul Kabir Chowdhury J Md. Joynul Abedin J Bangladesh Water Development Board, represented by its Director General, WAPDA Bhaban, Motijheel Commercial Area, Dhaka and another……………………….Petitioners Vs. Golam Robbani Khan and others ............... Md. Joynul Abedin J Bangladesh Water Development Board, represented by its Director General, WAPDA Bhaban, Motijheel Commercial Area, Dhaka and another……………………….Petitioners Vs. Golam Robbani Khan and others ........................................Respondents Judgment..

Category: Others | Date: | Hits: 82

Jamir Ali (Md) and Md. others Vs. Secretary, Ministry of Land and others, 1999, 28 CLC (HCD)

....sition as well as acquisition was served upon the said Abdur Razzak. Respondent No. 3 utilised only 14 bighas of land, 6 bighas and 13 decimals of land remained unutilised in spite of decision of the Government taken on 2-6-88 to utilise the same within three years and petitioner’s prayer for rele......urpose of development of Uttara Model Town and the land is in possession of the allottees. Even if the land is unutilized petitioners have no right to get back the same. (See case of Abul Bashar Vs. Bangladesh reported in 50 DLR (AD) 11. In the result both the Rules are discharged without any or...... Case is also Reported in: 52 DLR (HCD) (2000) 125. ......rs……………………………..Petitioners Vs Secretary, Ministry of Land and others………………Respondents Judgment August 11, 1999. Case Referred To- Sadekuddin Ahmed Vs. RAJUK 46 DLR 205. Lawyers Involved: Md. Asaduzzaman with Syed Mahmud Hossain, Advocates—..

Category: Property Law | Date: | Hits: 27

Atar Ali Miah (Md) Vs. State and Others, 1999, 28 CLC (HCD)

....an the said Taka 31,39,901.00, the highest offer made in third phase by plaintiff-petitioner. Defendant-opposite party No.8 deposited lease amount, required Income Tax and VAT. Lease deed between the Government of the People’s Republic of Bangladesh, defendant opposite party No.1 and defendant-opp......t offer made in third phase by plaintiff-petitioner. Defendant-opposite party No.8 deposited lease amount, required Income Tax and VAT. Lease deed between the Government of the People’s Republic of Bangladesh, defendant opposite party No.1 and defendant-opposite party No.8 was executed on 25-4-199......(2000) 120.......52 DLR (HCD) (2000) 120...

Category: Property Law | Date: | Hits: 34

Salim (Md) Vs. Assistant Commissioner of Land and Chairman, Debt Settlement Board and others, 2001, 30 CLC (HCD)

....er the impression that the matter would be fixed for hearing on a future date and he remained in contact with the Bench Clerk of the Board and subsequently by executive order dated 21-6-1992 from the Government all further proceedings of Debt Settlement Board have been stayed and the petitioner was ......tion 5 of the Limitation Act has no application the petitioner was compelled to move this Court. In support of his contention, the learned Advocate relied on the case of Nesar Ahmed Vs. Government of Bangladesh, reported in 49 DLR (AD) 111. In that case it was held as under: “But the presence o...... High Court Division (Special Original Jurisdiction) Present: MM Ruhul Amin J Md. Munsurul Hoque J Salim (Md) …………………….Petitioner Vs. Assistant Commissioner of Land and Chairman, Debt Settlement Board and others………….. Respondents Judgment Novembe...... (2002) 72. ..

Category: Property Law | Date: | Hits: 24

Farzana Moazzem Vs. Securities and Exchange Commission and others, 2001, 30 CLC (HCD)

....ning of Article 226 of the Indian Constitution. It was held by Mrs. Sujata Monohar, J while relying on a case reported in AIR 1989 (SC) 1607 that Bombay Stock Exchange being recognised by the Central Government and established with the objects of public interest is a statutory body amenable to the w......shid, Advocate Respondent Nos. 3-5. Writ Petition No. 2884 of 2000. Judgment Md. Joynul Abedin J.- This Rule Nisi was issued under Article 102 of the Constitution of the Peoples Republic of Bangladesh calling upon respondent Nos. 1 to 5 to show cause as to why the impugned letter No. DSE-4......on (Special Original Jurisdiction) Present: Md. Joynul Abedin J ABM Khairul Haque J Farzana Moazzem…………………………………………….Petitioner Vs. Securities and Exchange Commission and others.... Respondents Judgment July 15, 2001. Lawyers Involve...... High Court Division (Special Original Jurisdiction) Present: Md. Joynul Abedin J ABM Khairul Haque J Farzana Moazzem…………………………………………….Petitioner Vs. Securities and Exchange Commission and others.... Respondents Judgment July 15, 2001. ..

Category: Business or Commercial Law | Date: | Hits: 210

Khondaker Modarresh Elahi Vs. Government of the People’s Republic of Bangladesh, 2000, 29 CLC (HCD)

.... High Court Division (Special Original Jurisdiction) Present: M Reza Chowdhury J Syed JR Mudassir Hussain J MA Aziz J Khondaker Modarresh Elahi……………. Petitioner Vs Government of the People’s Republic of Bangladesh……… Respondents Judgment October 25, ......l Jurisdiction) Present: M Reza Chowdhury J Syed JR Mudassir Hussain J MA Aziz J Khondaker Modarresh Elahi……………. Petitioner Vs Government of the People’s Republic of Bangladesh……… Respondents Judgment October 25, 2000. Cases Referred To- Bharat Ku......sh Elahi……………. Petitioner Vs Government of the People’s Republic of Bangladesh……… Respondents Judgment October 25, 2000. Cases Referred To- Bharat Kumar K Palicha and another vs State of Kerala and others, AIR 1997 (Kerala) 291; AIR 1998 (SC) 1984 and State of Te......ss to the nation. 6. Mr. Maksudur Rahman, the learned Advocate for the petitioner, while arguing in support of the Rule has referred to the decision in the case of Bharat Kumar Palicha and another Vs. State of Kerala and others reported in AIR 1997 (Kerala) 291 in which the High Court of Kerala h..

Category: Constitutional Law | Date: | Hits: 216

City Sugar Industries Ltd. and others Vs. Human Rights and Peace for Bangladesh, 2010, 39 CLC (AD)

.... The writ respondent No.1 is Bangladesh represented by the Secretary, Ministry of Planning, Sher-E-Bangla Nagar, Dhaka. Writ respondent No. 2 is the Secretary, Ministry of Environment and Forest Government of the People's Republic of Bangladesh, Bangladesh Secretariat, P.S.-Shahbag, Dhaka. Writ......le Oil Mills Ltd. Dapa Indrakpur, Fatullah, Narayangonj represented by it's Managing Director Md. Shahabuddin Alam Ltd. and others....Petitioners (In Civil Petition No.768 of 2010). Cemex Cement (Bangladesh) Limited........Petitioner (In Civil Petition No.763 of 2010). ACI Salt Limited............ Division (Civil) Present: Mohammad Fazlul Karim CJ Md. Abdul Matin J Shah Abu Nayeem Mominur Rahman J Md. Muzammel Hossain J Surendra Kumar Sinha J City Sugar Industries Ltd. and others............Petitioners (In Civil Petition No.761 of 2010) Mollah Salt (Triple Refined)......2010). Akij Cement Company Limited......................Petitioner (In Civil Petition No.763 of 2010). Heidelberg Cement Bangladesh Ltd.........Petitioner (In Civil Petition No.781 of 2010). Vs. Human Rights and Peace for Bangladesh (HRPB) represented by the Secretary of the Executive Co..

Category: Environmental Law | Date: | Hits: 344

Bhola Vs. State, 2001, 30 CLC (HCD)

....s order dated 29‑10‑91 is upheld with the above modification and the appeal is dismissed. Send down the lower court's record immediately. Ed. This Case is also Reported in: 55 DLR (2003) 36.......s order dated 29‑10‑91 is upheld with the above modification and the appeal is dismissed. Send down the lower court's record immediately. Ed. This Case is also Reported in: 55 DLR (2003) 36.......nt Vs. State……………………………………Respondent Judgment January 15, 2001. Result: The appeal is dismissed Cases Referred To- Ismail Sarker alias Sudan Member and others Vs. The State, 33 DLR 320; Anisur Rahman & others Vs. The State, 6 BLD (AD) 79; Mobar.........

Category: Criminal Law | Date: | Hits: 41

Moyezuddin Sikder and ors. Vs. State, represented by the DC, Khulna, 2007, 36 CLC (HCD)

....ion of 24th March, 1982, the said Order was promulgated curtailing jurisdiction of all the Courts including the Supreme Court, to pass any order of temporary or interim injunction or stay against the Government or any Government officer acting or purporting to act in discharge of official duty, etc.......by the DC, Khulna……………………Opposite Party Judgment April 22, 2007. Cases Referred To- Secretary of State vs. Mask and Co., AIR 1940 (PC) 105; Jamil Hoque vs. Bangladesh, 34 DLR (AD) 125; Bangladesh Agricultural University vs. Abdul Hye Bhuiyan, 1982 BLD (AD)......2007) 287. ......laneous Jurisdiction) Present: Nozrul Islam Chowdhury J SM Emdadul Hoque J Moyezuddin Sikder and ors……………………………………. Accused-Petitioners Vs. State, represented by the DC, Khulna……………………Opposite Party Judgmen..

Category: Criminal Law | Date: | Hits: 50