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KM Zakir Hossain Vs. Bangladesh Bank and others, 2000, 29 CLC (HCD)

....e respondent No.4. In view of the above, the Rule is discharged without any order as to costs. Stay order granted earlier is hereby vacated. Ed. This case is also Reported in: 52 DLR (2000) 577. ......his application and obtained the Rule. 12. The petitioner by filling a supplementary affidavit has further stated that after the issuance of the Rule in this writ petition, the Bangladesh Bank, in order to justify its action, has recently amended circular No.07 by circular No.1 dated 30-10-2000 (......scharged without any order as to costs. Stay order granted earlier is hereby vacated. Ed. This case is also Reported in: 52 DLR (2000) 577. ......orted in: 52 DLR (2000) 577. ..

Category: Business or Commercial Law | Date: | Hits: 208

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

....the 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) 835. ......Abdul Salam Mondal, Deputy Attorney-General instructed by Md. Mushfiqur Rahman, Advocate-on-Record-For the Respondents. Civil Petition for Leave to Appeal No. 51 of 2010. (From the judgment and order dated the 19th day of August, 2009 passed by the High Court Division in Writ Petition No. 3354......rdingly, the petition is dismissed. Ed. This Case is also Reported in: VII ADC (2010) 835. ......n (Civil) Present: Mohammad Fazlul Karim J Md. Abdul Matin J Bijan Kumar Das J ABM Khairul Haque J Md. Muzammel Hossain J Md. Mobarak Hossain………………..........Petitioner Vs. Government of the People's Republic of Bangladesh, rep­resented by the Secretary, Mi..

Category: Others | Date: | Hits: 118

MA Hossain and others Vs. National Bank of Pakistan and others, 2010, 39 CLC (AD)

....petitioners mortgaged their properties in favour of National Bank of Pakistan, Agrabad Branch, the writ-respondent No.1, in order to secure the loan obtained by him. On his failure to repay, the bank published a notice in the newspapers on 18.08.2008 to sell the properties mortgaged in its favour by......dvocate-on-Record-For the Petitioners (In all the cases) Not represented- the Respondents (In all the cases) Civil Petition for Leave to Appeal Nos. 1033-1035 of 2009. (From the judgment and order dated 08.04.2009 passed by the High Court Division in Writ Petition Nos.7046, 7047 and 7048 of......sult, these petitions are dismissed. Ed. This Case is also Reported in: VII ADC (2010) 595. ...... Court Appellate Division (Civil) Present: Md. Tafazzul Islam CJ Md. Abdul Matin J ABM Khairul Haque J Surendra Kumar Sinha J MA Hossain and others………….........Petitioners (In all the cases) Vs. National Bank of Pakistan and others……….........Respondents..

Category: Property Law | Date: | Hits: 54

Anti-Corruption Commi­ssion Vs. Shamima Begum & others, 2009, 38CLC (AD)

....ve, we find no substance in the submissions of the learned Advocate for the petitioner. Accordingly, the petitions are dismissed. Ed. This Case is also Reported in: 62 DLR (AD) (2010) 277. ......or the Petitioner (In all cases). Mvi Md. Wahidullah, Advocate-on-Record—For the Respondents (In all cases). Civil Petition for Leave to Appeal Nos. 1658-59 of 2008. (From the judgment and order dated the 28th day of July, 2008 passed by the High Court Division in Writ Petition Nos. 10744......e petitioner. Accordingly, the petitions are dismissed. Ed. This Case is also Reported in: 62 DLR (AD) (2010) 277. ......ourt Appellate Division (Civil) Present: MM Ruhul Amin CJ Md. Fazlul Karim J Md. Abdul Matin J ABM Khairul Haque J Anti-Corruption Commi­ssion...........................Petitioner Vs. Shamima Begum & others. ...........................Respondents Judgment Oct..

Category: Fiscal/Taxation Law | Date: | Hits: 86

Badal Kanti Mitra Vs. Secretary, Ministry of Fisheries and Live Stock, 1980, 9 CLC (AD)

....ules appointment to the posts carrying Pay-scale of Tk. 1850 to Tk. 2300/- was to be made on the recommendation of the Senior Selection Board. The High Court Division found that the advertisement was published and selection was made before the New Rules came into force and as such the authorities we......etitioner Not Represented-the Respondents. Civil Petition for Leave to Appeal No.246 of 1980. Judgment Shahabuddin Ahmed J.- This petition for special leave to appeal calls in question an order of the High Court Division dated 28.5.80 in Writ Petition No.696 of 1978 refusing to interfere......, the petition is dismissed. Ed. This Case is also Reported in: 18 BLT (AD) (2010) 265. ......0) 265. ..

Category: Employment/Service Law | Date: | Hits: 126

Mainmunal Islam and others vs. The Collector of Customs and others, 2010, 39 CLC (AD)

....n cars, trucks, buses and all other automobile vehicles. S.R.O. No.227-Law/91, being the import policy order for the period running from July, 1991 to June, 1993 was promulgated on 28.07.1991 and was published in the Bangladesh Gazette Extra-ordinary on 30.07.1991 providing in respect of import of s......peals) Mrs. Nahid Yesmin, Deputy-Attorney General (Appeared with the leave of the Court)-For the Respondents. (In all the appeals) Civil Appeal Nos. 102-122 of 2000. (From the judgment and order dated 03.06.1998 and 12.01.1998 passed by the High Court Division in Writ Petition Nos.1015, 1......bstance in these appeals which are accordingly dismissed. Ed. This Case is also Reported in: 15 MLR (AD) (2010) 227. ......l on the ground that Collector of Customs-respondent claimed customs duty and tariff value at an enhanced rate of U.S. $ 3.50 per Kg. on secondary quality Tyre cord fabrics. The respective writ-petitioners main contention are that they opened letters of credit for import of secondary quality Tyre co..

Category: Fiscal/Taxation Law | Date: | Hits: 75

Delbar Sheikh and Bashiron Nessa Vs. Rahman Sheikh @ Md. A. Rahman and others, 2010, 39 CLC (AD)

....- is to be deposit­ed within 1(one) month. Petitioners are permitted to prepare the paper book out of Court in accordance with rules. Ed. This Order is also Reported in: VIII ADC (2011)124. ......tructed by Md. Aftab Hossain, Advocate-on-Record-For Respondent Nos. 1-6. Not represented-For Respondent Nos. 7-43. Civil Petition for Leave to Appeal No. 389 of 2009. (From the judgment and order dated 20.10.2008 passed by the High Coin Division in Civil Revision No.1118 of 2004.) Order......Court in accordance with rules. Ed. This Order is also Reported in: VIII ADC (2011)124. ......l Hossain J Surendra Kumar Sinha J Delbar Sheikh and Bashiron Nessa, being dead their heirs; 1. Md. Shamsuddin Sheikh being dead his heirs; 1(a) Farman Ali and others ....................Petitioners Vs. Rahman Sheikh @ Md. A. Rahman and others...............Respondents Judgment De..

Category: Property Law | Date: | Hits: 104

Awlad Ali Shiekh and others Vs. Bangladesh and others, 2010, 39 CLC (AD)

....ing of the matter, we regret, we find no merit in the review peti­tion. The petition is accordingly dismissed. Ed. This Case is also Reported in: VII ADC (2011)121; 15 MLR (AD)(2010) 465. ......huiyan, Senior Advocate, instructed by Sufia Khatun, Advocate-on-Record-For the Petitioners. Not Represented-For the Respondents. Civil Review Petition No. 31 of 2009. (From the judgment and order dated 3.8.2008 passed by the Appellate Division in Civil Petition for Leave to Appeal No.477 o...... dismissed. Ed. This Case is also Reported in: VII ADC (2011)121; 15 MLR (AD)(2010) 465. ......e Division (Civil) Present: Mohammad Fazlul Karim J Md. Abdul Matin J Md. Muzammel Hossain J Surendra Kumar Sinha J Awlad Ali Shiekh and others ...........................Petitioners Vs. Bangladesh, repre­sented by Deputy Commissioner, Gopalganj and others ......Respond..

Category: Property Law | Date: | Hits: 80

Government of Bangladesh and others Vs. Md. Enamul Kabir and another, 2010, 39 CLC (AD)

....d there­fore the petitioners have no reason to be aggrieved. We find no substance in these petitions which are accordingly dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 118. ......etition No. 847 of 2010). Not represented-Respondent Nos.2-9 (In Civil Petition No. 847 of 2010.) Civil Petition for Leave to Appeal Nos.2515 of 2009 with 847 of 2010. (From the judgment and order dated 02.11.2009 and 18.03.2010 passed by the High Court Division in Writ Petition Nos. 9231 o...... which are accordingly dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 118. ......zlul Karim CJ Md. Abdul Matin J Shah Abu Nayeem Mominur Rahman J ABM Khairul Haque J Md. Muzammel Hossain J Surendra Kumar Sinha J Government of Bangladesh and others …......Petitioners (In both the cases) Vs. Md. Enamul Kabir and another………….....Respondents (In Civ..

Category: Others | Date: | Hits: 165

Advocate Alauddin Khan and others Vs. Government of the People's Republic of Bangladesh, 2009, 38 CLC (AD)

....nings. Under such circumstances, this peti­tion for Review has got no substance and it is dismissed with the aforesaid observa­tion. Ed. This Case is also Reported in: VIII ADC (2011) 114. ......m, Senior Advocate with him, instructed by Md. Nawab Ali, Advocate-on-Record-For the Petitioners. Not Represented-the Respondent. Civil Review Petition No.137 of 2008. (From the Judgment and order dated 14.07.2008 passed by this Division in Civil Petition for Leave to Appeal No. 1768 of 200......substance and it is dismissed with the aforesaid observa­tion. Ed. This Case is also Reported in: VIII ADC (2011) 114. ...... Mohammad Fazlul Karim J Md. Joynul Abedin J Md. Abdul Matin J Shah Abu Nayeem Mominur Rahman J ABM Khairul Haque J Advocate Alauddin Khan and others…………..............Petitioners Vs. Government of the People's Republic of Bangladesh, represented by the Deputy Commiss..

Category: Limitation Law | Date: | Hits: 165

Shah Ahmed Vs. Muhammad Abdullah and others, 2010, 39 CLC (AD)

.... Miscellaneous Case No.173 of 1986 and that the learned Additional District Judge will be at liberty to dispose of the said case on merit. Ed. This Case is also Reported in: VIII ADC (2011)106. ......-Record-For the Petitioners. Nurul Islam Bhuiyan, Advocate-on-Record-For Respondent No.1 Not represented-Respondent Nos. 2-6. Civil Review Petition No. 159 of 2009. (From the judgment and order dated 24.03.2009 passed by the Appellate Division in Civil Petition for Leave to Appeal No.60 ...... dispose of the said case on merit. Ed. This Case is also Reported in: VIII ADC (2011)106. ......l) Present: Mohammad Fazlul Karim J Md. Abdul Matin J Md. Muzammel Hossain J Surendra Kumar Sinha J Shah Ahmed being dead his heirs Mahbubur Rahman Chowdhury and others……Petitioners Vs. Muhammad Abdullah and others…………...........Respondents Judgment Februa..

Category: Trust/Waqf Law | Date: | Hits: 171

Ayesha Khatun & others Vs. Rabindra Chandra Saha and others, 2006, 35 CLC (HCD)

.... the alleged 0.21 acre of land belonged to Nabin Chandra Saha in khas and the rest of the land belonged to Gobinda Chandra Saha and Guruchandra Saha and in settlement survey Maliki Khatian No. 86 was published in the name of Nabinchandra and Khatian No. 88 in the name of Gobinda Chandra and others; ......d l(Ka) are the CS khatians, Exhibit 2 and 3 are the RoR khatians, Exhibit-4 is the certified copy of the plaint in Other Class Suit No. 213 of 1993 and Exhibit-4 (ka) is the certified copy of the order sheet of the suit. 10. Defendant No.1, Ayesha Khatun, filed 5(five) rent receipts of Munici......t Division (Civil Revisional Jurisdiction) Present: Siddiqur Rahman Miah J SM Ziaul Karim J Ayesha Khatun & others……………………………………Petitioners Vs. Rabindra Chandra Saha and others ………………….Opposite Parties. Judgment May 18, 2006. ...... Court High Court Division (Civil Revisional Jurisdiction) Present: Siddiqur Rahman Miah J SM Ziaul Karim J Ayesha Khatun & others……………………………………Petitioners Vs. Rabindra Chandra Saha and others ………………….Opposite Parties. Judgment..

Category: Property Law | Date: | Hits: 126

State Vs. Shaiokh Abdur Rahman and others, 2006, 35 CLC (HCD)

....sions Judge, Jhalakati in Sessions Case No. 28 of 2006 is affirmed. The Jail Appeal No. 457 of 2006 is dismissed. Send down the LC records. Ed. This Case is also Reported in: 58 DLR (2006) 615. ......shortly referred to as the Cr.P.C.) has been made by the learned Additional Sessions Judge, Jhalakati for confirmation of the sentence of death imposed upon seven persons in terms of the judgment and order dated 29-5-2006 passed in Sessions Case No.28 of 2006 for commission of the offence under sect......f 2006 is dismissed. Send down the LC records. Ed. This Case is also Reported in: 58 DLR (2006) 615. ...... Abdus Salam Bhuiyan, Assistant Attorney-General with Khaleda Begum, Assistant Attorney-General—For the State-Appellant. Md. Khalilur Rahman Bhuiyan, State Defence Lawyer—For the Condemned Prisoner Nos. 1-3. Muhammad Salahuddin with Md. Abu Hanif, State Defence Lawyers—For the Condemned-..

Category: Criminal Law | Date: | Hits: 224

Hiru Mia Vs. State, 2005, 34 CLC (HCD)

....l appellant's custody before the conviction. Send down the records of the Tribunal below along with a copy of the judgment expeditiously. Ed. This Case is also Reported in: 58 DLR (2006) 607.......t Attorney-General—For the Respondent. Jail Appeal No. 245 of 2004 with Suo-Moto Rule No. 57(R) 2005. Judgment Sheikh Rezowan Ali J. - This jail appeal is directed against the judgment and order dated 8-1-2004 passed by the learned Additional Sessions Judge and Anti-Smuggling Tribunal, Sy...... Send down the records of the Tribunal below along with a copy of the judgment expeditiously. Ed. This Case is also Reported in: 58 DLR (2006) 607....... 2 khaki waist belts, One of the shirts contained the word "police" on the shoulder while 2 other shirts held the badge of Havilder on them. From the other bag, made of parachute cloth were recovered one 12" long LG with plastic butt-end, one 16" long pipe gun, one 20" long pipe gun and 14 rounds of..

Category: Criminal Law | Date: | Hits: 63

Ibrahim (Md.) & others Vs. State, 2004, 33 CLC (HCD)

.... 41. Send down the lower court records expeditiously. Let a copy of this judgment be sent to the Superintendent, District Jail, Lakshmipur. Ed. This Case is also Reported in: 58 DLR (2006) 598. ......4 of the Penal Code passed on 9-8-2001 in Session Case No. 18 of 2000. The condemned prisoner also preferred Criminal Appeal No. 3800 of 2001 and Jail Appeal No. 3203 of 2001 against the judgment and order of conviction and sentence. The reference and the criminal appeal including jail appeal are he......iously. Let a copy of this judgment be sent to the Superintendent, District Jail, Lakshmipur. Ed. This Case is also Reported in: 58 DLR (2006) 598. ....... ..

Category: Criminal Law | Date: | Hits: 91

Ershad Ali (Md.) and another Vs. Rampada Das & others, 2004, 33 CLC (HCD)

....g with statutory compensation for pre-emption of the case land. 7. Appellants opposed the application by filing a written objection. They admitted that said SA Khatian No. 589 and 596 were finally published recording the "lanes of said Ehsan Chandra Das, Hazari Das, Rajbihari, Satish Chandra Das ......€”For the Respondents. First Miscellaneous Appeal No. 57 of 2002 with (Civil Rule No. 156 (FM) of 2002). Judgment Md. Abdur Rashid J. - Purchaser (pre-emptee) presented the appeal against an order dated 11-12-2001 passed by the Subordinate Judge. Court No, 2 at Jessore in Miscellaneous Case......t July 12, 2004. Cases Referred to- Md. Jabed Ali and others Vs. Rakhal Chandra Mandal and others, 33 DLR (AD) 309; Abdur Rouf Vs. Ahmuda Khatun, 33 DLR (AD) 323; Md. Rais Ali Vs. Imam Hossain and others, 33 DLR 318; Chandra Kumar Vs. Abdul Motaleb, 19 DLR (SC) 36; Md. Khaindlah Bhuiyan Vs......ice of any notice upon the co-sharers and behind their back. On 13-8-97 obtaining certified copy of the impugned sale deed she became sure about the transfer and deposited in Court the consideration money along with statutory compensation for pre-emption of the case land. 7. Appellants opposed th..

Category: Property Law | Date: | Hits: 69

Nurul Haque Sarker Vs. Janata Bank and others, 2006, 35 CLC (HCD)

.... is set aside and the learned Joint District Judge, First Court; Narayanganj is directed to proceed with the suit in accordance with law. Ed. This Case is also Reported in: 58 DLR (2006) 589. ......gment Siddiqur Rahman Miah J. - This revisional application under section 115(4) of the Code of Civil Procedure at the instance of the plaintiff opposite party is directed against the judgment and order dated 27-11-2005 passed by the learned District Judge, Narayanganj, in Civil Miscellaneous Cas......Advocates—For the Opposite Parties. Civil Revision No. 20 of 2006. Judgment Siddiqur Rahman Miah J. - This revisional application under section 115(4) of the Code of Civil Procedure at the instance of the plaintiff opposite party is directed against the judgment and order dated 27-11-2005......89. ..

Category: Civil Law | Date: | Hits: 92

State Vs. Shahidul Islam alias Shahid and others, 2006, 35 CLC (HCD)

.... Condemned prisoner Shaniram is to be set at liberty at once if not wanted in connection with any other case. Send down the LC records. Ed. This Case is also Reported in: 58 DLR (2006) 545. ......u, (shortly referred to as the condemned-prisoners) for commission of the offences of rape and murder and abetment thereof under section 6(2) and 6(2)/14 of the Ain, 1995 in terms of the judgment and order passed on 2-9-2003 in Nari-o-Shishu Nirjatan Daman Special Tribunal case No. 43 of 1999 renumb......iberty at once if not wanted in connection with any other case. Send down the LC records. Ed. This Case is also Reported in: 58 DLR (2006) 545. ......Court Division (Criminal Appellate Jurisdiction) Present: Md. Ali Asgar Khan J Md. Emdadul Huq J State…………………………………………………………………..Petitioner Vs. Shahidul Islam alias Shahid and others …………..Condemned-Prisoners. Judgment..

Category: Criminal Law | Date: | Hits: 70

Nurul Islam and others Vs. A Huq Munshi & others, 2006, 35 CLC (HCD)

....ned Subordinate Judge, First Court, Jhalakati, in Title Suit No. 52 of 1994 is upheld and the suit is dismissed. Send down the LCR at once. Ed. This Case is also Reported in: 58 DLR (2006) 538. ......le Suit No. 52 of 1994 in dismissing the suit. 2. The opposite party Nos. 1 to 10 as plaintiffs instituted the suit for partition in respect of 'Ka' scheduled property and for declaration that the order dated 1-11-1994 in review case No. 2 of 1994 as stated in 'Kha' scheduled land is illegal, wit...... in Title Suit No. 52 of 1994 is upheld and the suit is dismissed. Send down the LCR at once. Ed. This Case is also Reported in: 58 DLR (2006) 538. ......reme Court High Court Division (Criminal Miscellaneous Jurisdiction) Present: Siddiqur Rahman Miah J SM Ziaul Karim J Nurul Islam and others....................................Petitioners Vs. A Huq Munshi & others …………………………………………Opposite P..

Category: Property Law | Date: | Hits: 70

Kazi Md. Shafiqur Rahman Vs. Bangladesh and others, 2005, 34 CLC (HCD)

....Bichar-6/2N- 35/76 dated 25-4-2001 is declared to have been made without lawful authority and is of no legal effect. No order as to cost. Ed. This Case is also Reported in: 58 DLR (2006) 534.......o. 1. Writ Petition No. 1818 of 2001. Judgment Md. Awlad Ali J. - This Rule under Article 102 of the Constitution was issued calling upon the respondents to show cause as to why the impugned order being Memo No. 329 Bichar 6/2N-35/76 dated 25-4-2001 should not be declared to have been passe...... been made without lawful authority and is of no legal effect. No order as to cost. Ed. This Case is also Reported in: 58 DLR (2006) 534....... (2006) 534...

Category: Employment/Service Law | Date: | Hits: 81