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Appellate Division
(Civil)
Present:
Md. Muzammel Hossain CJ
SK Sinha J
MA Wahab Miah J
Nazmun Ara Sultana J
Syed Mahmud Hossain J
Md. Shamsul Huda J
Government of the People's Republic of Bangladesh & anr............Appellants
Vs.
......Present:
Md. Muzammel Hossain CJ
SK Sinha J
MA Wahab Miah J
Nazmun Ara Sultana J
Syed Mahmud Hossain J
Md. Shamsul Huda J
Government of the People's Republic of Bangladesh & anr............Appellants
Vs.
Shahjahan & others ..........................nha J
MA Wahab Miah J
Nazmun Ara Sultana J
Syed Mahmud Hossain J
Md. Shamsul Huda J
Government of the People's Republic of Bangladesh & anr............Appellants
Vs.
Shahjahan & others .................................................Respondents
Ju...... This appeal is disposed of with the above observations.
Ed.
This Case is also Reported in: 64 DLR (AD) (2012) 113.
..
Category: Employment/Service Law | Date: 22 Mar, 2012 | Hits: 151
Chittagong Zilla Parishad Vs. Nurul Haque and others, 2012, 41 CLC (AD)
....the paper book out of court in accordance with Rules. The order of stay granted earlier be extended till disposal of the appeal. Ed. This Case is also Reported in: 9 ADC (2012) 760. ......the paper book out of court in accordance with Rules. The order of stay granted earlier be extended till disposal of the appeal. Ed. This Case is also Reported in: 9 ADC (2012) 760. ......Hossain J Md. Shamsul Huda J Chittagong Zilla Parishad represented by its Chief Executive Officer, Chittagong Zilla Parishad, Chittagong...................................Petitioner Vs. Nurul Haque and others................................Respondents Order March 19...... stay granted earlier be extended till disposal of the appeal. Ed. This Case is also Reported in: 9 ADC (2012) 760. ..Category: Property Law | Date: 19 Mar, 2012 | Hits: 76
.... The Company has purchased a denationalized and privatized industry namely Kuliarchar Ground Nut Mills Ltd. at a price of Taka 1, 0024, 000/-only, under an agreement dated 18.06.1987, executed by the Government and the Company. Thereafter, on 14.11.1994 a deed of financing was executed in between th...... Director in a meeting held in the Kuliarchar Ground Nut Mill, wherein, defendant Nos. 2-6 were shown present in that meeting and passed the said resolution, though the defendant Nos. 3-5 were out of Bangladesh at the relevant period. On getting that information the plaintiff filed a General Diary e......
Present:
Nozrul Islam Chowdhury J
KM Kamrul Kader J
AHM Kamruzzaman Khan………………………….....Plaintiff-Appellant
Vs.
Register, Joint Stock Companies & Firms 24-25 Dilkusha C/A, Dhaka and other ….........;….(22)
The Civil Rule being No.489 (F)/2010 is discharged.
Cases Referred to-
Messrs Chalna Fibre Company Ltd. Khulna and others Vs. Abdul Jabbar and 9 others 20 DLR (S.C) 335; Md. Shamsuzzaman Khan Vs. M.S. Islam and ors., 28 DLR-1976; Nurun Nahar Zaman Vs. Sea Pearl Lines Lt..
Category: Company Law | Date: 19 Mar, 2012 | Hits: 689
Luthfor Rahman (Md.) Vs. Bangladesh & others, 2012, 41 CLC (HCD)
....llows title, is one part and in the other part, by purchase from CS recorded owner, as such, the suit ought to have decreed. Learned Advocate further submits that no property can be taken over by the Government as enemy property unless there is formation of opinion to that effect, as such, the impug...... (Civil Appellate Jurisdiction) Present: Sharif Uddin Chaklader J Krishna Debnath J Luthfor Rahman (Md.) and another.............Plaintiff-Appellants Vs. Bangladesh & others……………….....................Defendan......ision (Civil Appellate Jurisdiction) Present: Sharif Uddin Chaklader J Krishna Debnath J Luthfor Rahman (Md.) and another.............Plaintiff-Appellants Vs. Bangladesh & others……………….......................... (HCD) (2013) 124. ..Category: Others | Date: 18 Mar, 2012 | Hits: 5
Rabeya Khanam Vs. State, 2012, 41 CLC (HCD)
....561A of the Code of Criminal Procedure and obtained Rule. 7. Mr. Khondaker Mahbub Hossain, the learned Advocate for the petitioner submits that the petitioner is a retired professor of Botany of a Government College who comes of a highly respectable Muslim Family and who is 67 years old lady; tha...... in relation to the petitioner Let a copy of the Judgment be sent to the concerned Court for information and necessary action. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 467. ...... ...... taken against him/her; (4) The prosecution is legally barred………………………………….(24) Cases Referred to- Hussain Mohammad Ershad Vs. State, 14 BLD (AD) 161; Hussain Moham Md. Ershad, Former President, Mrs. Raushan Ara Begum @ Mrs. Raushan Ershad, Abdus Shukur Prodhan, Md..Category: Procedural Law | Date: 15 Mar, 2012 | Hits: 215
Dhaka New Market Vs. City Corporation, 2012, 41 CLC (HCD)
....om doing so in future. 20. With the above observations and findings this Rule is disposed of without any order as to costs. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 221 ......…………...........Respondents Judgment March 14, 2012 Result: Rule is disposed of. Cases Referred to- Kamaluddin Vs.Secretary, Ministry of Land, Bangladesh 56 DLR (AD) 212; Omar Sadat Vs. Bangladesh 6 BLC 289. Lawyers Involved: Aneek R......13) 221 ......om doing so in future. 20. With the above observations and findings this Rule is disposed of without any order as to costs. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 221 ..Category: Administrative Law, Constitutional Law | Date: 14 Mar, 2012 | Hits: 2
....s the needs in the field of University education and formulate plans for the development of such education;
(b) determine the financial needs of the Universities;
(c) Receive funds from the Government and allocate and disburse, out of such funds, grants to the Universities ......
(Special Original Jurisdiction)
Present:
Mirza Hussain Haider J
Md. Khurshid Alam Sarkar J
Swadhin Chandra Mandal and others............................Petitioners
Vs.
Bangladesh University Grants Commission (UGC) and others........Respondents
Judgment
......ion
(Special Original Jurisdiction)
Present:
Mirza Hussain Haider J
Md. Khurshid Alam Sarkar J
Swadhin Chandra Mandal and others............................Petitioners
Vs.
Bangladesh University Grants Commission (UGC) and others........Respondents
Judgment&n.......
Ed.
This Case is also Reported in: 18 BLC (HCD) (2013) 166.
..
Category: Others | Date: 14 Mar, 2012 | Hits: 5
....r to make the appeal ready for hearing. This appeal will be heard along with Civil Appeal Nos.307 of 2008 and 447 of 2007 for hearing.
Ed.
This Case is also Reported in: 9 ADC (2012) 865.
......dra Kumar Sinha J
Md. Abdul Wahhab Miah J
Nazmun Ara Sultana J
Syed Mahmud Hossain J
Muhammad Imman Ali J
Md. Shamsul Huda J
Industrial Promotion and Development of Bangladesh Limited (IPDC) and another..................Petitioners
Vs.
Mrs. Mohsina Rahman...... J
Syed Mahmud Hossain J
Muhammad Imman Ali J
Md. Shamsul Huda J
Industrial Promotion and Development of Bangladesh Limited (IPDC) and another..................Petitioners
Vs.
Mrs. Mohsina Rahman and others............Respondents
Judgment
March 12, 2012.
...... with Civil Appeal Nos.307 of 2008 and 447 of 2007 for hearing.
Ed.
This Case is also Reported in: 9 ADC (2012) 865.
..
Category: Banking Law | Date: 12 Mar, 2012 | Hits: 7
Noor Jahan Begum Vs. Chairman, BSCIC and others, 2012, 41 CLC (HCD)
.... No.1022 (F) of 2005 is accordingly discharged. Send down the lower court records. Communicate this judgment at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 12. ......9-9-2005 passed by the learned Joint District Judge, Second Court, Gazipur, dismissing Title Suit No.4 of 2002. 2. Plaintiff's case, is that, plaintiff was allotted plot No.151 of Tongi Bangladesh Small and Cottage Industry (BSIC) Industrial Area and he installed a company under name a......me Court High Court Division (Civil Appellate Jurisdiction) Present: Sharif Uddin Chaklader J Krishna Debnath J Noor Jahan Begum.........................Appellant Vs. Chairman, BSIC and others.................Respondents Judgment March 12, 2012. ......e it will be treated as premature. ....................................(17) Cases Referred to- Dr. MA Yahia Vs. Abdul Quader, 14 BLC (AD) 109; RAJUK Vs. Dhaka Water Supply, 14 BLC (AD) 129; Md. Badiul Alam Khondker Vs. M/s Munni Chemical Industries and others, Civil Revision No. 2832 of 20..Category: Civil Law | Date: 12 Mar, 2012 | Hits: 10
....d disposal afresh. The impugned judgment and order passed by the High Court Division in Civil Revision No.314 of 2005, is set aside.
Ed.
This Case is also Reported in: 9 ADC (2012) 644.
......he tahshilder and as such the said mutation was cancelled legally and a proceeding was started in the Anti-Corruption Department against that tahshilder and circle officer. That after independence of Bangladesh the non-Bengali owner of the suit land along with other lands left this country and as su......J
Assistant Horticulturist Agriculture Extension Division Crop Section, Bobhanbagh Uddyan Base Police Station-Savar, District-Dhaka and others....................................Petitioners
Vs.
M. A. Sattar Bhuiyan being dead his heirs: 1(a) Aleya Begum and others ........Respondents
......sion No.314 of 2005, is set aside.
Ed.
This Case is also Reported in: 9 ADC (2012) 644.
..
Category: Property Law | Date: 12 Mar, 2012 | Hits: 94
Human Rights and Peace for Bangladesh (HRPB) Vs. Bangladesh and others, 2012, 41 CLC (HCD)
.... Administration, Ministry of Home Affairs and Ministry of Foreign Affairs for taking necessary steps in accordance with the directions given above. Ed. This Case is also Reported in: ...... Supreme Court High Court Division (Special Original Jurisdiction) Present: Mirza Hussain Haider J Muhammad Khurshid Alam Sarkar J Human Rights and Peace for Bangladesh (HRPB), represented by its secretary Asaduzzaman Siddiqui…………………….... Pe......ssain Haider J Muhammad Khurshid Alam Sarkar J Human Rights and Peace for Bangladesh (HRPB), represented by its secretary Asaduzzaman Siddiqui…………………….... Petitioner. Vs. Bangladesh, represented by the Secretary, Ministry of Civil Aviation, and others………...... Administration, Ministry of Home Affairs and Ministry of Foreign Affairs for taking necessary steps in accordance with the directions given above. Ed. This Case is also Reported in: ..Category: Constitutional Law | Date: 8 Mar, 2012 | Hits: 17
Jamuna Builders Ltd Vs. Bangladesh and others, 2012, 41 CLC (HCD)
....peal from Original Decree No.6 of 2009. 2. The aforesaid suit was suit was filed by the plaintiff petitioner against defendant No.1, Mst. Rana Noor, for specific performance of contract in which Government of Bangladesh was made proforma-defendant. The suit was decreed. Rana Noor defendant No.1...... (Civil Revisional Jurisdiction) Present: Sharif Uddin Chaklader J Krishna Debnath J Jamuna Builders Ltd....................Plaintiff-Opposite Party-Petitioner Vs. Bangladesh and others…...........Proforma-Defendant-Petitioner Opposite-Parties Judgment......ivision (Civil Revisional Jurisdiction) Present: Sharif Uddin Chaklader J Krishna Debnath J Jamuna Builders Ltd....................Plaintiff-Opposite Party-Petitioner Vs. Bangladesh and others…...........Proforma-Defendant-Petitioner Opposite-Parties ......udgment March 5, 2012. Result: The rule is discharged. Lawyers Involved: Enayet Hossain, Advocate with Ziaul Hoque, Advocate—For the Petitioner. MI Farooqui, with Md. Sadikur Rahman, Advocates—For the Opposite-Party No.4. SS Barker, Deputy Attorney-Gen..Category: Abandoned Properties Law, Property Law | Date: 5 Mar, 2012 | Hits: 18
Mojibur Rahman (Md.) and others Vs. State, 2012, 41 CLC (HCD)
....in terms of specific appointment letters issued on various dates in the years 1981 and 1982. 8. Mr. Alam, the learned Advocate, next submits that, in the re-organisation scheme taken by the then Government, the said two organisations were abolished by a decision taken in a meeting held on 9th A......al Judge, Dhaka and also to the Chairman of the Anti-Corruption Commission. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 36. ......upreme Court High Court Division (Criminal Revisional Jurisdiction) Present: Md. Emdadul Huq J Mohammad Ullah J Mojibur Rahman (Md.) and others........Petitioners Vs. State…………………………&helli......Case is also Reported in: 18 BLC (HCD) (2013) 36. ..Category: Anti-Corruption Laws | Date: 5 Mar, 2012 | Hits: 9
Mahbubur Rahman & others Vs. State, 2012, 41 CLC (HCD)
....nces under sections 420, 468, 471 and 109 of the Penal Code read with section 5(2) of the Prevention of Corruption Act, 1947 in connection with absorption of the 11 accused-petitioners as surplus Government employees. The accused petitioners were never Government employees. But accused Abdul Quy......of this Judgment and Order to the learned Divisional Special Judge, Dhaka and also to the Chairman of the Anti Corruption Commission. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 265. ......me Court High Court Division (Criminal Revisional Jurisdiction) Present: Md. Emdadul Huq J Mohammad Ullah J Mahbubur Rahman & others…………………………Petitioners Vs. State………………………………Opposite Party Judgment March 4, 2012. Resu......hairman of the Anti Corruption Commission. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 265. ..Category: Criminal Law | Date: 4 Mar, 2012 | Hits: 37
Chittagong Steel Mills Ltd. Vs. TM Syndicate & others, 2012, 41 CLC (HCD)
....btor-petitioner we find rule is incompetent. We find no substance in this rule. In the result, this rule is discharged. No costs. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 350. ......rs make it clear that it is mandatory. Unless there be any security deposited to the satisfaction of the Court no award can be challenged…………………………(10) Cases Referred to- Bangladesh Water Development Board Vs. Prakaushali, 49 DLR 335; Bangladesh Water Development Board V......Court High Court Division (Civil Revisional Jurisdiction) Present: Sharif Uddin Chaklader J Krishna Debnath J Chittagong Steel Mills Ltd...............................Petitioner Vs. TM Syndicate & others..........................Opposite Parties Judgment March 4, ......btor-petitioner we find rule is incompetent. We find no substance in this rule. In the result, this rule is discharged. No costs. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 350. ..Category: Alternative Dispute Resolution | Date: 4 Mar, 2012 | Hits: 316
Akkas Ali Sarder Vs. State, 2012, 41 CLC (HCD)
....he learned Sessions Judge failed to consider the legal forum that against the Judgment and order of such acquittal passed by the Magistrate in GR case, the public prosecutor at the instruction of the Government could prefer appeal before the learned Sessions Judge being appellate forum and, as such,......riminal Revision No.54 of 1996 is set-aside and quashed. The order of stay granted at the time of issuance the Rule is hereby vacated. Ed This Case is also Reported in: 64 DLR (HCD) (2012) 483. ......83. ......owing the Criminal Revision No.54 of 1993 by the learned Additional District Magistrate, Rajbari should not be quashed. 2. The prosecution case, in brief, is that the informant opposite party No.2 Md. Belayet Mondal on 26-03-1993 lodged an ejahar with the Rajbari PS alleging, inter alia, that his..Category: Criminal Law | Date: 4 Mar, 2012 | Hits: 117
Abdul Wahab Sheikh Vs. Md. Kamal Hossain alias Md. Kalam Hossain & Others, 2012, 41 CLC (AD)
....h observation. Whether section 14 of the Limitation Act, 1908 is applicable in determining the period of limitation prescribed for any suit, appeal or application by any special law e.g. the Local Government (Upazilla Parishad) Ordinance, 2008 and the Local Government (Upazilla Parishad) Rules, 2......unal was barred by limitation. II. Whether the law laid down on the construction of section 14 read with section 29(2) of the Limitation Act in the case of Abu Basher Vs. Investment Corporation of Bangladesh and another reported in 52 DLR (AD) 178 is the correct statement of law." 8. So the on......t: Md. Muzammel Hossain CJ Surendra Kumar Sinha J Md. Abdul Wahhab Miah J Nazmun Ara Sultana J Md. Shamsul Huda J Abdul Wahab Sheikh………………………….......Appellant Vs. Md. Kamal Hossain alias Md. Kalam Hossain & Others…………Respondents Judgment Marc......ar. However, this appeal is disposed of with the above observations. Ed. This Case is also Reported in: 20 BLT (AD) (2012) 282. ..Category: Limitation Law | Date: 3 Mar, 2012 | Hits: 208
M/s. Sadharan Bima Corporation Vs. United Fish Exports Limited and others, 2012, 41 CLC (AD)
....t that there is no merit in these Civil Petitions for leave to appeal and in the circumstances both the civil petitions are dismissed. Ed. This Case is also Reported in: 9 ADC (2012) 563. ......That the appointed surveyor M/s. Asian Surveyor visited the cold storage on 26.05.1992 and submitted report on 07.12.1992 and Mr. M. Alauddin, the consulting engineer of Cold Storage Association, Bangladesh submitted his report and it was found by both of them that the whole machineries were o...... Md. Abdul Wahhab Miah J Nazmun Ara Sultana J Syed Mahmud Hossain J Muhammad Imman Ali J M/s. Sadharan Bima Corporation.........................Petitioner (In both the cases) Vs. United Fish Exports Limited and others.................Respondents (In both the cases) ...... the civil petitions are dismissed. Ed. This Case is also Reported in: 9 ADC (2012) 563. ..Category: Business or Commercial Law | Date: 26 Feb, 2012 | Hits: 616
Rahima Khatun and another Vs. Sufia Begum and others, 2012, 41 CLC (HCD)
....urchaser in property……(9) Cases Referred to- Fakhruddin Mia Vs. Mohammad Khodaboksh Sheikh, 29 DLR (AD) 268; Sontosh Kumar Chakra-borty Vs. MA Motaleb Hossain, 36 DLR (AD)248; Government of Bangladesh, represented by the Secretary Ministry of Works, Bangladesh Secretariat Vs.......operty……(9) Cases Referred to- Fakhruddin Mia Vs. Mohammad Khodaboksh Sheikh, 29 DLR (AD) 268; Sontosh Kumar Chakra-borty Vs. MA Motaleb Hossain, 36 DLR (AD)248; Government of Bangladesh, represented by the Secretary Ministry of Works, Bangladesh Secretariat Vs. Chand Mia, 44...... High Court Division (Civil Revisional Jurisdiction) Present: Sharif Uddin Chaklader J AKM Zahirul Hoque J Rahima Khatun and another...............Defendant-Petitioners Vs. Sufia Begum and others......................Plaintiff-Opposite-Parties Judgment F......s restored. 13. Send down the lower Court records. Communicate this order at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 191 21 BLT (HCD) (2013) 39 ..Category: Property Law | Date: 23 Feb, 2012 | Hits: 6
Mamun-ur-Rashid (Md.) Vs. Secretary, Ministry of Law and others, 2012, 41 CLC (HCD)
....g different banking facilities to the customers and clients of the Bank of that Branch. This Bank in process of functioning was closely associated with respondent No.2 along with functionaries of the Government of Bangladesh as Banking Company created by law. The petitioner has got his large volume ...... Secretary, Ministry of Law and others............Respondents Judgment February 23, 2012. Result: The Rule is discharged. Cases Referred to- Haji MA Razzaque Vs. Bangladesh Bank and another, writ petition No.9231 of 2010. Lawyers Involved: ATM Mizanur ......h Court Division (Special Original Jurisdiction) Present: Md. Ashfaqul Islam J Mustafa Zaman Islam J Mamun-ur-Rashid (Md.)...................................Petitioner Vs. Secretary, Ministry of Law and others............Respondents Judgment Febr......mmunicate at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 162. ..Category: Civil Law, Procedural Law | Date: 23 Feb, 2012 | Hits: 7
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