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Abdur Rahim Vs. Momotaz Begum and others, 2011, 40 CLC (HCD)

....rected to proceed with the case in accordance with law. Communicate the order at once. Jahangir Hossain J.- I agree. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 96.  ......posite party Nos. 1-6. Civil Revision No. 485 of 2010. Judgment Hasan Foez Siddique J.-  This rule was issued calling upon the opposite parties to show cause as to why the impugned order dated 17.01.2010 passed by the learned Joint District Judge, 1st Court, Lakshmipur, in Title S...... This Case is also Reported in: 64 DLR (HCD) (2012) 96.  ......eme Court  High Court Division (Civil Revision Jurisdiction) Present: Hasan Foez Siddique J Jahangir Hossain J Abdur Rahim…………………………………………Petitioner Vs. Momotaz Begum and others……………....Opposite parties Judgment July 27, 2..

Category: Limitation Law | Date: | Hits: 219

Saijuddin Molla Vs. Abdur Rahman and others, 2011, 40 CLC (HCD)

....n Pre-emption Miscellaneous Case No.21 of 2003 is set-aside. Let a copy of this judgment along with lower Court's record be sent down at once. Ed. This Case is also Reported in:   ......pposite-party No.1. Civil Revision No.1251 of 2010. Judgment Sheikh Abdul Awal J.- This Rule was issued calling upon the opposite party No.1 to show cause as to why the impugned judgment and order dated 3.02.2010 passed by the learned Joint District Judge, 2nd Court, Manikganj in Title Appe......ecord be sent down at once. Ed. This Case is also Reported in:   ......d in:   ..

Category: Property Law | Date: | Hits: 62

Md. Nazimuddin Vs. Government of Bangladesh and others, 2011, 40 CLC (AD)

....t the case before the Administrative Tribunal was barred by limitation. Accordingly this petition for leave to appeal is dismissed. Ed. This Case is also Reported in: 17 BLC (AD)(2012) 10. ......te, instructed by Syed Mahbubur Rahman, Advocate-on-Record- For the Petitioner. Not represented-the Respondents. Civil Petition for Leave to Appeal No. 2001 of 2009. (From the judgment and order dated 26.07.2009 passed by the Administrative Appellate Tribunal, Dhaka in Appeal No.186 of 20......ingly this petition for leave to appeal is dismissed. Ed. This Case is also Reported in: 17 BLC (AD)(2012) 10. ......Miah J Nazmun Ara Sultana J Syed Mahmud Hossain J Muhammad Imman Ali J Mohammad Mamtaz Uddin Ahmed J Md. Nazimuddin……………………………………………………….Petitioner Vs. Government of Bangladesh and others…………………..Respondents Judgment ..

Category: Administrative Law | Date: | Hits: 196

Jiban Bima Corporation and another Vs. A.K.M. Harun-Or-Rashid and others, 2011, 40 CLC (AD)

.... appeal which is accordingly allowed, without however, any order as to costs. The impugned judgment and order of the High Court Division is hereby set aside. Ed. This Case is also Reported in: ......yan, Senior Advocate, instructed by Muhammad Nawab Ali, Advocate-on-Record-For Respondent No.1 Not represented- Respondent Nos. 2 & 3. Civil Appeal No. 31 of 2005. (From the judgment and order dated 24th June, 2003 passed by the High Court Division in Writ Petition No.2146 of 2003.) ...... impugned judgment and order of the High Court Division is hereby set aside. Ed. This Case is also Reported in: ......sued by the writ respondent No.3 praying for declaration that the said Memo is illegal, without jurisdiction, without lawful authority and is of no legal effect and further declaration that the petitioner is legally entitled to retain his former service in the Jibon Bima Corporation till disposal of..

Category: Employment/Service Law | Date: | Hits: 58

Kazi Abdul Awal Zewar Rashid Vs. Dhaka Municipal Corpora­tion and another, 1990, 19 CLC (HCD)

....t his report within fifteen days from appointment. The stay granted earlier is thereby vacated. Communicate this order at once. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 509. ...... No.1. Civil Revision No. 399 of 1990. Judgment Anwarul Haque Chowdhury J.- This Rule arises out of an application under section 115 of the Code of Civil Procedure and is directed against an order dated 8.11.89 passed by the learned Subordinate Judge, 1st Court, Dhaka in Title Suit No.581 o......n: 45 DLR (HCD) (1993) 509. ......evisional Jurisdiction) Present: Anwarul Haque Chowdhury J Kazi Ebadul Hoque J Kazi Abdul Awal Zewar Rashid being dead his heirs Adnan Rashid (Minor) and others …………………Petitioners Vs. Dhaka Municipal Corpora­tion and another ... ..........................Opposite Par..

Category: Property Law | Date: | Hits: 71

Khapan Bittahin Co-operative Society Ltd. Vs. Nagendra Mahisya Das, Secretary, Nijkurua Matsyajibi Samabaya Samity Ltd. and others, 1991, 20 CLC (HCD)

....Petition No.2551 of 1990 is set aside and consequently the Rule in the said Writ Petition is discharged. There is no order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 502.......e ‑ For the Respondent. Writ Petition No.5 of 1991. Judgment Mainur Reza Chowdhury J.- This is a peti­tion by Khapan Bittahin Co‑operative Society Limited for review of the judgment and order dated 7.5.91 passed by this Court making the Rule absolute Writ Petition No.2551 of 1990. 2......the Rule in the said Writ Petition is discharged. There is no order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 502.......gh Court Division (Special Original Jurisdiction) Present: Fazle Hussain Mohammad Habibur Rahman J Mainur Reza Chowdhury J Khapan Bittahin Co-operative Society Ltd……………Petitioner Vs. Nagendra Mahisya Das, Secretary, Nijkurua Matsyajibi Samabaya Samity Ltd. and other..

Category: Civil Law | Date: | Hits: 87

Commissioner of Taxes Vs. Md. Hasanuzzaman, 1993, 22 CLC (HCD)

.... costs. This order shall govern both the reference application Nos. 3 and 4 of 1989. We return the references with the above answer. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 500.......) of the Act on the basis of rent agreement at Tk. 20,400.00. He computed the total income at Tk. 32,700.00 and assessed income‑tax on that amount for both the years. 3. The assessee against the orders of the Assistant Commissioner of Taxes preferred appeals before the Appellate Joint Commissio......ation Nos. 3 and 4 of 1989. We return the references with the above answer. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 500....... is also Reported in: 45 DLR (HCD) (1993) 500...

Category: Fiscal/Taxation Law | Date: | Hits: 98

Yunus Mia (Md.) and others Vs. Secretary, Ministry of Public Works & Urban Development, Government of Bangladesh and others, 1991, 20 CLC (HCD)

....rd the aforesaid writ petition along with other 11 writ petitions on March, 11, 1982 and disposed of the said writ petitions on contest on the assurance of The learned Assistant Attorney‑General to publish Gazette notification under section 5(7) of the Requisition of Property Act, 1948 within thre......ffect and why they should not be directed to provide plots to the petitioners as undertaken by the Government in Writ Petition No.1004 of 1980 and other petitioner as incorporated in the judgment and order dated March, 11, 1982. 2. The facts relevant for disposal of this Rule are that the petitio......f our aforesaid discussion, we discharge the Rule without any order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 498.......Supreme Court High Court Division (Special Original Jurisdiction) Present: AM Mahmudur Rahman J Mahmudul Amin Choudhury J Yunus Mia (Md.) and others..........................Petitioners Vs. The Secretary, Ministry of Public Works & Urban Development, Government of Bangl..

Category: Property Law | Date: | Hits: 79

Nurul Islam Vs. Morshedul Alam and Others, 2011, 40 CLC (AD)

....ce with the impugned judgment and decree. Accordingly, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 64 DLR (AD)(2012) 3, 32 BLD (AD) (2012) 25. ......roperty due to his old age. Thereafter, Ali Hossain kot mortgaged the suit property with one Sultan Ahmed Bahaddar on behalf of his father Md. Putan, on the strength of the said power of attorney, in order to save the suit property from auction sale for arrears of land revenue. Subsequently, Md. Put......sed without any order as to costs. Ed. This Case is also Reported in: 64 DLR (AD)(2012) 3, 32 BLD (AD) (2012) 25. ......Court of Subordinate Judge (now Joint District Judge), Chittagong in Partition Suit No.03 of 1969 decreeing the suit. 2. The case of the plaintiffs, in short, is that the suit land measuring 17 drones, 5 kanis, 1 gonda and 1 kara as described in schedules to the plaint originally belonged to Faz..

Category: Property Law | Date: | Hits: 116

Ms. Ok-Kyung Oh, Dhaka Vs. Tea Hung Packaging (Bd) Ltd. and Others, 2011, 40 CLC (AD)

....d judgment and order. In the result, the appeal is dismissed. There is no order as to cost. Ed. This Case is also Reported in: 17 BLC (AD)(2012) 1, 32 BLD (AD) (2012) 16; 9 ADC (2012) 472. ...... and another Vs. Registrar, Joint Stock Companies and another, 39 DLR 1. Civil Appeal No. 32 of 2011. Judgment Md. Abdul Wahhab Miah J. - This appeal by leave has arisen out of judgment and order dated the 26th day of October, 2009 passed by the High Court Division in Writ Petition No.9509......er as to cost. Ed. This Case is also Reported in: 17 BLC (AD)(2012) 1, 32 BLD (AD) (2012) 16; 9 ADC (2012) 472. ......ed: Ms. Ok-Kyung Oh, in person-For the Appellant. M. Amir-ul Islam, Senior Advocate with Ms. Tania Amir, Advocate instructed by Mrs. Mahmuda Begum, Advocate-on-Record-For Respondent No. 2. None represented-For Respondent Nos.1 & 3-4. Cases Referred to- Bangladesh Chemical Industr..

Category: Company Law | Date: | Hits: 235

Principal, Fulbaria College, Mymensingh Vs. Md. Helaluddin and Others, 2010, 39 CLC (AD)

.... The appeal is, therefore, allowed without any order as to costs. Ed. This Case is also Reported in: 32 BLD (AD) (2012) 11, 16 MLR (AD) (2011) 380, 8 LG (AD) (2011) 155, VIII ADC (2011) 941. ......stant Professor and he was given a monthly salary in the scale of Tk. 7, 200/- on and from 1st June, 2000. While he was drawing salary for the month of June, 2002 he found his name in the monthly pay order (MPO) in the batch of lecturers in the scale of Tk. 6,150/-. Thereupon he made a representatio......d in: 32 BLD (AD) (2012) 11, 16 MLR (AD) (2011) 380, 8 LG (AD) (2011) 155, VIII ADC (2011) 941. ......or Respondent Nos.2-4. Civil Appeal No. 277 of 2003. Judgment Surendra Kumar Sinha J.- Leave granted. 2. This appeal arose out of the following facts: The respondent No.1, (writ petitioner) a teacher of Fulbaria College, Mymensingh instituted Writ Petition No.3746 of 2003 in the High..

Category: Employment/Service Law | Date: | Hits: 204

Barrister Nazmul Huda and another Vs. State and another, 2011, 40 CLC (HCD)

....n the L.C. records along with a copy of this Judgment and order to the Court concerned immediately for information and necessary action. Ed.This Case is also Reported in: 16 MLR (HCD) (2011) 381. ......da Khatun Rina, Assistant Attorney General - For the Respondent-State. Md. Khurshid Alam Khan, Advocate- For the Respondent No.2. Criminal Appeal No. 4813 of 2007. (Against the judgment and order of con­viction and sentence dated 26.8.2007 passed by the Special Judge, Court No.2, Dhaka in......dgment and order to the Court concerned immediately for information and necessary action. Ed.This Case is also Reported in: 16 MLR (HCD) (2011) 381. ...... Act, 1947 and Section 161 of the Penal Code and sen­tencing him to suffer rigorous imprison­ment for 7(seven) years with a fine of Tk. 2,50,00,000/-in default to suffer rigorous imprisonment for 1(one) year more with an order to confiscate the gratification of Tk. 2,40,00,000/- to the State and a..

Category: Criminal Law | Date: | Hits: 101

Professor Golam Azam Vs. Government of Bangladesh and others, 1992, 21 CLC (HCD)

....formed him about a political mispropaganda against the petitioner in Bangladesh; that thereafter the petitioner went to London in the first week of April, 1973 where he came to learn from a news item published in the Bangladesh Observer to the effect that he along with 38 others were declared by a n......ce being No. Sha: Ma: (Bahi‑1)/138 dated 23.3.1992 (Annexure‑K) should not be declared to have been made and issued without any lawful authority and is of no legal effect or such other or further order or orders passed as to this Court may seem fit and proper. 2. It is stated in the petition ......solute. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 423. ......Supreme Court High Court Division (Special Original Jurisdiction) Present: Mohammad Ismail Uddin Sarker J Badrul Islam Chowdhury J Professor Golam Azam…………………..Petitioner Vs. Government of Bangladesh and others.................Respondents Judgment August..

Category: Immigration and Citizenship Law | Date: | Hits: 343

Safar Ali Miah & others Vs. Badsha @ Siddique & others, 1993, 22 CLC (HCD)

....ned is directed to proceed with the execution case. In the facts and circumstances of the case there will be no order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 483. ......ilable to the decree‑holder. 2. Upon an application under section 115 of the Code of Civil Procedure a Rule was issued calling upon the Judgment‑debtor opposite‑parties to show cause why the order dated 8.5.85 passed by the learned Munsif, 2nd Court, Narayangonj rejecting the application fo......l be no order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 483. ...... Supreme Court High Court Division (Civil Revisional Jurisdiction) Present: Mohammad Ismailuddin Sarker J Kazi Ebadul Hoque J Safar Ali Miah & others…………………Petitioners Vs. Badsha @ Siddique & others………………..Opposite Party Judgment July..

Category: Civil Law | Date: | Hits: 100

Bangladesh Vs. Bangladesh Italian Marble Works Ltd. and others, 2011, 40 CLC (AD)

.... 6 to handover possession of Moon Cinema Hall within 3(three) months free from all encumbrances and/or to resolve the dispute amicably within the said period. Ed. This Case is also Reported in: ......In Civil Review Petition No.17 of 2011) Not represented- Respondent Nos. 1-3 and 6-8 (In Civil Review Petition No.18 of 2011) Civil Review Petition Nos. 17-18 of 2011. (From the Judgment and order dated 1ST February, 2010 passed by the Appellate Division in Civil Petition No. 1044 (heard an......l encumbrances and/or to resolve the dispute amicably within the said period. Ed. This Case is also Reported in: ......ssain J Surendra Kumar Sinha J Nazmun Ara Sultana J Syed Mahmud Hossain J Muhammad Imman Ali J Bangladesh, represented by the Secretary, Ministry of industries and others ……..Petitioners (In both the cases) Vs. Bangladesh Italian Marble Works Ltd. and others……………â€..

Category: Constitutional Law | Date: | Hits: 222

Maulana Motiur Rahman Nizami Vs. State, 2010, 39 CLC (HCD)

....re led to hold that the instant petition under section 561A of the Code of Criminal Procedure is incompetent and as such it is rejected in limine. This Case is also Reported in: 16 BLC (2011) 808. ......t to the Tribunal to the effect the warrant of arrest issued against the petitioner could not be executed as he was detained in custody in connection with some other criminal cases. Accordingly by an order dated 29-7-2010, the Tribunal directed the police to produce him before the Tribunal on 2-8-20......section 561A of the Code of Criminal Procedure is incompetent and as such it is rejected in limine. This Case is also Reported in: 16 BLC (2011) 808. ...... Supreme Court High Court Division (Criminal Miscellaneous Jurisdiction) Present: Moyeenul Islam Chowdhury J AKM Abdul Hakim J Maulana Motiur Rahman Nizami..................Petitioner Vs. State………………….....................................Opposite-Party Judg..

Category: Criminal Law | Date: | Hits: 103

Hassan MS Azim and three others Vs. Bangladesh, 2010, 39 CLC (HCD)

....Attorney General submit­ted that there is no such rule as a rule of seniority and the suggestion by the petitioners that the reasons for not appointing the senior-most Judge as Chief Justice must be published in the official gazette is not an acceptable proposition, since that would expose the Hon'......points out from the decision in the Al-Jehad case that if the system of appointing the senior-most judge is not adhered to then those who are not so senior will strive to please the party in power in order to be appointed the Chief Justice in superses­sion of their senior colleagues. Echoing the di......clear and does not call for any interpretation. Hence, the application is rejected. Ed. This Case is also Reported in: 16 BLC (2011) 800. ...... ..

Category: Constitutional Law | Date: | Hits: 228

Habibullah (Md.) and others Vs. Bangladesh and others, 2007, 36 CLC (HCD)

....ly-Whenever it appears to the Deputy Commissioner that any property in any locality is needed or is likely to be needed for any public purpose or in the public interest, he shall cause a notice to be published at convenient places on or near the property in the prescribed for the manner, stating the......dent No. 2) by the Deputy Com­missioner, Narayanganj (Respondent No.3) should not be declared to have been issued without lawful authority and is of no legal effect and/or pass such other or further order or orders passed as to this Court may seem fit and proper. At the time of the issuance of the ......he Rule. In the result, the Rule is made absolute. There is no order as to costs. Ed. This Case is also Reported in: 16 BLC (2011) 794. ......upreme Court High Court Division (Special Original Jurisdiction) Present: Salma Masud Chowdhury J Syed Refaat Ahmed J Habibullah (Md.) and others...........................Petitioners Vs. Bangladesh and others……………………………………...Respondents Jud..

Category: Property Law | Date: | Hits: 104

Government of Bangladesh Vs. M Anwar Hossain and others, 2011, 40 CLC (AD)

....judgment of the High Court Division is set aside. These petitions are disposed of with the above observations. Ed. This Case is also Reported in: 16 BLC (AD) (2011) 155, VIII ADC (2011) 901. ......­dent No.1 (In all the cases) None Represented—For Respondent Nos.2-5. (In all the cases) Civil Petition for Leave to Appeal Nos.1718 & 2686 of 2010 and 869 of 2011. (From the judgment and order dated 12-4-2010 passed by the High Court Division in Writ Petition No. 7242 of 2009). Judgm......of with the above observations. Ed. This Case is also Reported in: 16 BLC (AD) (2011) 155, VIII ADC (2011) 901. ......az Uddin Ahmed J Md. Shamsul Huda J Government of Bangladesh, represented by the Secretary, Ministry of Land, Dhaka and others.............................................................Petitioners Vs. M Anwar Hossain and others………………………………Respondents Judgme..

Category: Property Law | Date: | Hits: 68

Golam Mustafa Vs. Commissioner of Customs and others, 2011, 40 CLC (HCD)

....the Appellate Division which is binding on us we are of the view that this applica­tion merits no substance which is summarily reject­ed. Ed. This Case is also Reported in: 63 DLR (2011) 679. ......ition No. 6114 of 2011. Judgment Md. Ashfaqul Islam J. - By this application the petitioner Golam Mustafa, who is the proprietor of Micro Trade Corporation a proprietary concern, challenges the order dated 23-6-2011 issued by the respondent No.2 on behalf of respondent No.1 directing the Manag...... the view that this applica­tion merits no substance which is summarily reject­ed. Ed. This Case is also Reported in: 63 DLR (2011) 679. ...... ..

Category: Business or Commercial Law | Date: | Hits: 200