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Chief Personnel (West), Bangladesh Railway and others Vs. Muhammad Shamsur Rahman and other, 2010, 39 CLC (AD)

....rit petitioners. With the aforesaid observations the leave petition Nos. 90-93 of 2010 are dis­posed of without any order as to costs. Ed. This Case is also Reported in: VII ADC (2010) 843. ......rit petitioners. With the aforesaid observations the leave petition Nos. 90-93 of 2010 are dis­posed of without any order as to costs. Ed. This Case is also Reported in: VII ADC (2010) 843. ......hers...............Respondents (In Civil Petition No. 92 of 2010) Md. Abdullah Al-Mamun and others……………...Respondents (In Civil Petition No. 93 of 2010) Judgment August 5, 2010. Lawyers Involved: Md. Nurul Amin, Advocate, instructed by A.K.M. Shahidul Huq, Advocate-on Record..

Category: Employment/Service Law | Date: | Hits: 86

Md. Abdul Motalib Vs. Bangladesh, 2010, 39 CLC (AD)

.... issuing any show cause notice upon him is offending to Clause (2) of Article 135 of the Constitution; that the impugned judgment and order is illegal, without lawful author­ity and violative of the principle of natural justice. The learned Advocate-on-Record further submitted that the High Court D......he learned Advocate-on-Record for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VII ADC (2010) 841; 16 MLR (AD) 2011, 30; 64 DLR (AD) (2012) 87. ......Md. Abdul Matin J Md. Muzammel Hossain J Surendra Kumar Sinha J Md. Abdul Motalib………………………....Petitioner Vs. Bangladesh, repre­sented by the Secretary, Ministry of Law, Justice and Parliamentary Affairs and others………...................Respondents Judgment..

Category: Civil Law | Date: | Hits: 111

Sayed and oth­ers Vs. State, 2009, 38 CLC (AD)

....ove, we find no sub­stance in the submissions of the learned Advocate for the petitioners. Accordingly, the petitions are dis­missed. Ed. This Case is also Reported in: VII ADC (2010) 830. ......ove, we find no sub­stance in the submissions of the learned Advocate for the petitioners. Accordingly, the petitions are dis­missed. Ed. This Case is also Reported in: VII ADC (2010) 830. ......on No.205 of 2008) Vs. The State……..........Respondent Judgment April 23, 2009. Cases Referred To- Nur Ahmed Vs. the State 1971 SCMR 398; State Vs. Giasuddin 18 BLD (AD) 284. Lawyers Involved: Mansurul Hague Chowdhury, Senior Advocate instructed by Chowdhury M. Zahangir, ..

Category: Criminal Law | Date: | Hits: 26

Mrs. Rafiqun Nahar & others Vs. Chairman, Court of Settlement, Segunbagicha, Dhaka & others, 2009, 38 CLC (AD)

....f the origi­nal allottee. 7. The High Court Division found that the appellants have come to the Court exercis­ing writ of certiorari seeking equitable relief but with unclean hand. Following the principle that one who seeks equity must come with the clean hands. The appellants sought equitable ......he above, we find no sub­stance in the submissions of the learned Counsel for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VII ADC (2010) 826. ......Joynul Abedin J Mrs. Rafiqun Nahar & others. ..........Appellants Vs. Chairman, Court of Settlement, Segunbagicha, Dhaka & others......Respondents Judgment January 11, 2009. Lawyers Involved: M. I. Farooqui, Senior Advocate instruct­ed by Md. Nawab Ali, Advocate-on-Reco..

Category: Property Law | Date: | Hits: 41

Rabeya Khatun Vs. Sheikh Ashraful Islam and others, 2009, 38 CLC (AD)

.... above, we find no sub­stance in the submissions of the learned Advocate for the petitioners. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VII ADC (2010) 815. ...... above, we find no sub­stance in the submissions of the learned Advocate for the petitioners. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VII ADC (2010) 815. ...... Khatun being dead her heirs; Md. Harun-Or-Rashid Talukder and others ….....Petitioners Vs. Sheikh Ashraful Islam and others……………........Respondents Judgment June 23, 2009. Lawyers Involved: Nurul Islam Bhuiyan, Advocate-on-Record-For the Petitioners. Syed Mahbubar R..

Category: Property Law | Date: | Hits: 33

Rahmatullah (Md.) and others Vs. Sabana Islam and others, 2002, 31 CLC (HCD)

.... are though no less important pointers but come later. 13. Before us all the parties are Muslim and the minor is, no doubt subject to the Mohammedan Law. Then, the question unfurled is how far the principles of Mohammedan Law would come on the way to appoint the mother as guardian of the minor af......med, Order of status quo as was directed at the time of issue of the Rule is hereby recalled and vacated. Send down the records at once. Ed. This Case is also Reported in: 54 DLR (2002) 519. ......ment March 10, 2002. Cases Referred To- Johura Begum vs. Naimuna Khatun, 16 DLR 695; Mrs. Nilufar Majid vs. Mokbul Ahmed, 1984 BLD 79; Hasan Bhat vs. Golam Mohammad AIR 1961 J & K 5. Lawyers Involved: Moin Uddin with Shah Manjurul Hoque, Advocates— For the Petitioners. Kh A..

Category: Family Law | Date: | Hits: 179

Abul Kalam Engineer and another Vs. M Nasiruddin Howlader and others, 2002, 31 CLC (HCD)

.... the plaint, application for temporary injunction and objection thereto and assailed the order of injunction on various grounds, both on facts as well as law. He also cited number of decisions on the principles governing grant of temporary injunction against construction in respect of urban property......rged. Order of stay is recalled and vacated. Learned Joint District Judge is directed to take steps for disposal of the Suit. Communicate. Ed. This Case is also Reported in: 54 DLR (2002) 515.......82; Uttara Bank vs. Macneill Kilburn, 33 DLR (AD) 298; House of Lords in American Cyanamid Co. vs. V Ethicon Ltd. 1975 AC 396; Mofazzal Hossain and another vs. Moinuddin and others, 3 BLC (AD) 78. Lawyers Involved: Abdul Wadud Bhuiyan, with Syed Mokaddus Ali, Advocates — For the Appellants. ..

Category: Property Law | Date: | Hits: 33

Madinullah Miah Vs. Md. Abdul Mannan & another, 2001, 30 CLC (HCD)

....reby set aside. The Miscellaneous Case No. 4 of 1997 of the Assistant Court, Hatia, Noakhali is dismissed. There will be no order as to cost. Ed. This Case is also Reported in: 54 DLR (2002) 507.......reby set aside. The Miscellaneous Case No. 4 of 1997 of the Assistant Court, Hatia, Noakhali is dismissed. There will be no order as to cost. Ed. This Case is also Reported in: 54 DLR (2002) 507.......pondents Judgment November 28, 2001. Cases Referred- Promotha Nath Mazumdar vs. Nagendra Nath Mazumdar 33 CWN 1211; Abdus Samad and others vs. Md. Sohrab and others, 1981 BLD (AD) 77. Lawyers Involved: M Enayetur Rahim, Advocate—For the Petitioner. Opposite Party No. 1—App..

Category: Property Law | Date: | Hits: 37

Siddique Abedin Vs. Md. Musa Alam and State, 2000, 29 CLC (HCD)

....d Magistrate is directed to proceed with the case in accordance with law and shall hear the matter relating to taking of cognizance afresh. Ed. This Case is also Reported in: 54 DLR (2002) 506. ......d Magistrate is directed to proceed with the case in accordance with law and shall hear the matter relating to taking of cognizance afresh. Ed. This Case is also Reported in: 54 DLR (2002) 506. ......l Haque J Md. Munsurul Haque Chowdhury J Siddique Abedin……………….. Petitioner Vs. Md. Musa Alam and State……………….. Opposite Parties Judgment August 17, 2000. Lawyers Involved: Syed Ziaul Karim, Advocate—For the Petitioner. Fazlul Hoque Chowdhury, Ass..

Category: Criminal Law | Date: | Hits: 28

Bangladesh Shipping Lines Ltd. Vs. Commissioner of Customs, Chittagong and others, 2002, 31 CLC (HCD)

....ee whether or not the proposed amendment is necessary to decide the issue that may arise in the suit on the basis of original pleadings. 26. Let us now consider the proposed amendment on the above principles regarding amendment. At first, we must say that the objections to the proposed amendment ......(AD) 110; Motasim Ali Chowdhury Vs. Md. Ismail, 4 BLC (AD) 98; Shahiman Bewa Vs. Shafiduddin Ahmed and others, 1986 BLD 58=38 DLR 265; Pakistan National Shipping Corporation and another Vs. Resources International and others, 1 BLC (AD) 174; Amritlal N Shah Vs. Alla Annapuranamma, AIR 1959 Andhra Pr......Resources International and others, 1 BLC (AD) 174; Amritlal N Shah Vs. Alla Annapuranamma, AIR 1959 Andhra Pradesh 9; PLD 1948 (PC) 73; Dr. Abdur Rahman and others Vs. Bangladesh, 30 DLR (SC) 93. Lawyers Involved: Mustafa Niaz Mahmud, Advocate‑ For the Petitioner. Murad Reza, Advocate‑..

Category: Procedural Law | Date: | Hits: 60

Kalu Sheikh alias Sheikh and Kalam Sheikh and others Vs. State, 2002, 31 CLC (HCD)

.... of the charge brought against them and they are hereby discharged from their respective bail bond. Send down the lower court immediately. Ed. This Case is also Reported in: 54 DLR (2002) 502....... of the charge brought against them and they are hereby discharged from their respective bail bond. Send down the lower court immediately. Ed. This Case is also Reported in: 54 DLR (2002) 502.......AKM Fazlur Rahman J Kalu Sheikh alias Sheikh and Kalam Sheikh and others………………….Petitioners Vs. State………………………..Respondent Judgment July 31, 2002 Lawyers Involved: Abdul Malek, Advocate—For the Appellants. Not represneted- the State. C..

Category: Criminal Law | Date: | Hits: 30

Aumullaya Chandra Haldar Vs. Md. Mohsin Ali Mandal & others, 2002, 31 CLC (HCD)

....se land at that time. 5. On appeal by the petitioner the learned District Judge upheld the judgment sustaining two grounds out of the aforesaid 3 holding that the right of preemption is hit by the principle of estoppel and waiver and that the deposit of the preemption case king inadequate the pre......, as such, it should be maintained. In the result the Rule is discharged without any order as to cost. Communicate the order at once. Ed. This Case is also Reported in: 54 DLR (2002) 500. ......Md. Mohsin Ali Mandal & others ………………Opposite Parties Judgment March 6, 2002. Case Referred to- Akhlasur Rahman and others vs. Serazuddin and others, 42 DLR (AD) 189. Lawyers Involved: Md. Fazlul Karim with Khandker Aminul Haque, Advocates—For the Petitioner. ..

Category: Procedural Law | Date: | Hits: 75

Syed Ahmed Chowdhury Vs. Abdur Rashid Mridha, 2002, 31 CLC (HCD)

.... interference. In view of the discussion made above we find that this Rule merits no consideration. The Rule is, therefore, discharged. Ed. This Case is also Reported in: 54 DLR (2002) 498. ...... interference. In view of the discussion made above we find that this Rule merits no consideration. The Rule is, therefore, discharged. Ed. This Case is also Reported in: 54 DLR (2002) 498. ...... Syed Ahmed Chowdhury………………. Petitioner Vs. Abdur Rashid Mridha, Retired Process Server, 2nd Munsif Adalat and 15 ors…….. Opposite Parties Judgment April 24, 2002. Lawyers Involved: Md. Mostafa Advocate—For the Petitioner. Syed Ziaul Karim, Advocate—For ..

Category: Criminal Law | Date: | Hits: 29

Auto Equipment Ltd. Vs. Commissioner of Taxes, 2001, 30 CLC (HCD)

....rify the account and it depends on the facts of the case. Reliance has also been placed in the case of Commissioner of income Tax Vs. Messrs. Ata Hossain Khan Ltd. reported in 1977 BTD 163, where the principle has been laid down in the following terms: “Mere low profits and the absence of a sto...... and adopted GP rate at 23%. 9 Therefore the question is answered in the negative and in favour of the assessee. No order as to costs. Ed. This Case is also Reported in: 54 DLR (2002) 496.......gment July 2, 2001. Cases Referred To- Commissioner of Income Tax vs. Friends Corporation, Dhaka 1978 BTD 140; Commissioner of Income Tax vs. Messrs. Ata Hossain Khan Ltd. 1977 BTD 163. Lawyers Involved: AFM Ferojuddin Bhuiyan, Advocate—For the Applicant. Sarder Jinnat Ali, Ass..

Category: Fiscal/Taxation Law | Date: | Hits: 69

Delwar Hossain (Md.) Vs. Government of the People’s Republic of Bangladesh and others, 2001, 30 CLC (HCD)

....ng the petitioner any opportunity to controvert the allegation, the Court directed the bank authority (respondent No. 2) to realise Taka 16,000 from the writ petitioner. He further submitted that the principle of natural justice had been violated by not giving any opportunity to the writ petitioner ...... the Rule. Accordingly, the Rule is discharged and the order of stay granted at the time of issuance of the Rule is hereby vacated. No costs. Ed. This Case is also Reported in: 54 DLR (2002) 494.......i Industries Ltd. and Habib Bank Ltd. 21 DLR (SC) 50; Sarwarjan Bhuiyan vs. Bangladesh 44 DLR 447; Fazlur Rahman Akhond (Md.) and 5 others vs. Government of Bangladesh and others, 52 DLR (AD) 116. Lawyers Involved: Syed Ziaul Karim, Advocate- For the Petitioner. Shamsuddin Babul, Advocate- ..

Category: Civil Law | Date: | Hits: 76

Saidur Rahman Vs. State, 2001, 30 CLC (HCD)

....26 of 1957) is thus set aside and the appellant be released from the bail bond. Send down the lower Court Record to the court concerned. Ed. This Case is also Reported in: 54 DLR (2002) 489. ......26 of 1957) is thus set aside and the appellant be released from the bail bond. Send down the lower Court Record to the court concerned. Ed. This Case is also Reported in: 54 DLR (2002) 489. ......To- Tarique Rahman vs. Director General Bureau of Anti-Corruption, Government of Bangladesh and others 52 DLR 518; Mustafizur Rahman and 3 others vs. DG Anti-Corruption & others 49 DLR 599. Lawyers Involved: Md. Abdul Malek with Abdul Barek Chowdhury, Advocates — For the Appellant. ..

Category: Criminal Law | Date: | Hits: 83

MA Kabir Chowdhury and others Vs. M Mahbubur Rahman Miah & others, 2002, 31 CLC (HCD)

....ncept of functus officio will not come on the way of the Court in acting and setting aside such order in exercise of the inherent jurisdiction on the basis of true facts brought before the Court. The principle of ‘finality of a proceeding’ should not be understood to say it is a vehicle to perpe......he executing Court is directed to proceed with the proceeding of Other Execution Case No. 3 of 1997 in accordance with law. Communicate. Ed. This Case is also Reported in: 54 DLR (2002) 485. ......galvaraya Naidu (dad) by LRs vs. Jagnnath (dead) by Lrs. & Ors, 1994(1) SCC 1; Indian Bank vs. Satyam Fibres (India) Pvt. Ltd. 1996(5) SCC 550; Lazarus Estate Ltd. Vs. Beasley, 1956(1) QB 702. Lawyers Involved: Ajmalul Hossain with Aminul Islam Monda, Advocates—For the Opposite Party No...

Category: Civil Law | Date: | Hits: 125

Government of the People's Republic of Bangladesh Vs. Md. Anowar Hossain, 2010, 39 CLC (AD)

.... aside and the dismissal of the writ petitioner from service is declared to have been passed by a competent authority in accordance with law. This Case is also Reported in: 15 MLR (AD) (2010) 515. ...... aside and the dismissal of the writ petitioner from service is declared to have been passed by a competent authority in accordance with law. This Case is also Reported in: 15 MLR (AD) (2010) 515. ...... Ministry of Home Affairs, Bangladesh Secretariat, Ramna, Dhaka and others.......Appellants. Vs. Md. Anowar Hossain..................................Respondent Judgment July 21, 2010. Lawyers Involved: M.K. Rahman, Additional Attorney General, instructed by Mr. B. Hossain, Advoca..

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

Government of Bangladesh Vs. Hazrat Baku Shah Hawkers Market Somabaya Samity, 2010, 39 CLC (AD)

....e withdrawn. Copy of the memo has been annexed as Annexure-E to the additional paper book. 4. However leave was granted to consider whether in view of Section 21 of the General Clauses Act and the principle enunciated in the case reported in (1997) 3 Supreme Court Cases 398, the High Court Divisi......m date". The Attorney General office will communicate the judgment and order of this Court to the Ministry concerned for compliance. Ed. This Case is also Reported in: 15 MLR (AD) (2010) 505......., Dhaka and others........Appellants (In both the appeals). Vs. Hazrat Baku Shah Hawkers Market Somabaya Samity..............Respondents (In both the appeals) Judgment August 18, 2010. Lawyers Involved: M. K. Rahman, Additional Attorney General, instructed by B. Hossain, Advocate-o..

Category: Property Law | Date: | Hits: 28

Nasiruddin Khan Vs. Forhad Hossain Bhuiyan, 2009, 38 CLC (AD)

....and Abul Bahser transferred their .23 acres of land to the plaintiff by a registered kabala deed dated 20.06.1998. The plaintiff has been possessing the said property by erecting pucca house and then principle, Aminul Islam instituted Title Suit No. 130 of 1999 in respect of Dag No.235 and the plain......the above, we find no sub­stance in the submissions of the learned Counsel for the petitioners. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VII ADC (2010) 707.......hman J Nasiruddin Khan………………………………………….Petitioner Vs. Forhad Hossain Bhuiyan………………………………Respondent Judgment December 9, 2009. Lawyers Involved: Asad Hossain Chowdhury, Advocate instructed by Nurul Islam Bhuiyan, Advocate-on..

Category: Property Law | Date: | Hits: 42