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Jamir Ali (Md) and Md. others Vs. Secretary, Ministry of Land and others, 1999, 28 CLC (HCD)
....leasing the said unutilised land and undertook to refund the compensation money received by them. But the said prayer was not allowed. Their further case is that gazette notification has not yet been published in respect of the said land as required under clause (h) of sub section (4) of section 93A......f 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 order as to costs. Order of injunctions stand vacated. Ed. This Case is also Reported in: 52 DL......are discharged without any order as to costs. Order of injunctions stand vacated. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 125. ......preme Court Appellate Division (Special Original Jurisdiction) Present: Kazi Ebadul Hoque J Muzammel Hossain J Jamir Ali (Md) and Md. others……………………………..Petitioners Vs Secretary, Ministry of Land and others………………Respondents Judgment A..Category: Property Law | Date: | Hits: 27
Atar Ali Miah (Md) Vs. State and Others, 1999, 28 CLC (HCD)
.... In the result, the Rule stands discharged. Order of stay granted at the time of issuance of the Rule stands vacated. No costs. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 120....... Civil Revision No. 1606 of 1999. Judgment AK Badrul Huq J. - The subject matter of challenge in this Civil Revision Petition under section 115 of the Code of Civil Procedure is a judgment and order dated May 5, 1999 recorded by Senior Assistant Judge, Habiganj Sadar, Habiganj in Title Suit N......uris Secondum Vol. 21 Para 193;Bengal Immunity Company Ltd Vs. State of Bihar, AIR1955; Carnal Improvement Trust Vs. Parkash Wanti, (1955) 5 SCC 159 (15, 24 & 29). Lawyers Involved: Shamusddin Choudhury, with Faisal Mahmud Faizee, Advocates—For the Petitioner. Mahmudul Islam, Attorney......ted in: 52 DLR (HCD) (2000) 120...Category: Property Law | Date: | Hits: 34
.... (Pathar) 89-90 Patharghata, District Barguna is hereby declared to have been passed without jurisdiction and to be of no legal effect.
Ed.
This Case is also Reported in: 54 DLR (2002) 72.
......ner.
Not represented—the Respondents.
Writ Petition No. 1638 of 1996.
Judgment
MM Ruhul Amin J.- This Rule Nisi was issued calling upon the respondents to show cause as to why impugned order dated 3-5-1992 (Annexure-D) passed in Debt Settlement Board Case No. 442 (Pathar) 89-90 Pathar......y declared to have been passed without jurisdiction and to be of no legal effect.
Ed.
This Case is also Reported in: 54 DLR (2002) 72.
......n: 54 DLR (2002) 72.
..
Category: Property Law | Date: | Hits: 24
Farzana Moazzem Vs. Securities and Exchange Commission and others, 2001, 30 CLC (HCD)
....tion to the stock exchange. The 1st respondent has been recognised by the Central Government under this Act and a notification to that effect being Notification No. SRO 27828 dated 31-8-1957 has been published in the Extraordinary Gazette of India Part II section 3 dated 31-8- 1957. The 1st responde......etitioner came to know that because of Title Suit No. 1 of 2000 filed by respondent Nos. 8 and 9 against respondent Nos. 1, 2, 3, 4 and 5 and 7 in the Court of the 5th Subordinate Judge, Dhaka and an order of injunction obtained by them thereunder DSE could not pay the outstanding amount to the peti......ies of the judgment be expeditiously sent to respondents No.1 and 3 for necessary action. Ed. This Case is also Reported in: 54 DLR (2002)66.......Court 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,..Category: Business or Commercial Law | Date: | Hits: 210
....Shahbagh. The respondent Nos. 3 to 5 called half day hartal throughout the country on 11-5-99. The hartal was observed on that day but excesses were committed by the police. The Daily Star on 12-5-99 published pictures of the police atrocities. They show baton wielding police beating up BNP Members ......hat hartal being a political issue cannot be resolved by way of any declaration or direction by any Court either for or against hartal. Hartal being a highly sensitive political issue any restrictive order passed by this Court by way of making the Rule absolute will not be possible to enforce for pr......others Mainur Reza Chowdhury and Syed JR Mudassir Hussain, JJ, in discharging the Rule.
Ed
This Case is also Reported in: 54 DLR (2002) 47.
......upreme Court
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
..
Category: Constitutional Law | Date: | Hits: 216
City Sugar Industries Ltd. and others Vs. Human Rights and Peace for Bangladesh, 2010, 39 CLC (AD)
....nces the Writ respondents are legally bound to protect the River Buriganga, Shitalakkha and Turag, in accordance with law. 12. It was stated that on 17.05.2009 to 22.02.2009 different reports were published in different news papers such as Daily Star, Daily Ittefaq, Daily Jonokontho and Bhorer Ka...... No.761 of 2010) Not represented-The Respondents (In Civil Petition Nos.767-769, 772-773 and 781 of 2010). Civil Petition for Leave to Appeal Nos.761,767-769,772-773 and 781 of 2010. (From order dated 21.03.2010 passed by the High Court Division in Writ Petition No.3503 of 2009 in connect......s also Reported in: 15 MLR (AD) (2010) 389. ......ent: 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) Industries Ltd., Sharmagonj..Category: Environmental Law | Date: | Hits: 344
Mohammad Reazaul Karim and others Vs. A. B. M. Khalequzzaman and others, 2010, 39 CLC (AD)
....epository as on the date of 25.09.2005 will be entitled to dividend and vote in the AGMs. 4. Thereafter, in the daily Jugantor dated 13.09.2005 public notices for the 20th, 21st and 22nd AGMs were published. But in the said public notices the record date was mistakenly shown as 18.09.2005 instead......rd- For Respondent Nos. 18 (In Civil Appeal No.321 of 2008). Not represented- Respondent No.19-21 (In Civil Appeal No.321 of 2008). Civil Appeal Nos. 319-321 of 2008. (From the judgment and order dated 11.09.2008 passed by the High Court Division in Company Matter No. 1 of 2008 heard analo...... costs. Ed. This Case is also Reported in: 15 MLR (AD) (2010) 369, 62 DLR (AD) (2010) 411.......C.A. No. 319 of 2008 has been filed by Mohammad Reazaul Karim and C.A. No.320 of 2008 has been filed by Md. Azizur Rahman and C.A. No.321 of 2008 has been filed by Major Md. Akbar Hossain (Retd.) and one Md. Sirajul Islam. All the appeals are directed against the judgment and order dated 11.09.2008 ..Category: Company Law | Date: | Hits: 191
Mobasher Hossain (Md) and others Vs. Saidur Rahman (Pvt) Ltd. and others, 2002, 31 CLC (HCD)
....he launch ghat at Gazaria where it was in the morning of 8th April, 2002 within seven days from date. There shall be no order as to cost. Ed. This Case is also Reported in: 55 DLR (2003) 51. ...... Advocate‑ For the Petitioner. Khan Saifur Rahman, Senior Advocate‑ For Respondent No. 1. Admiralty Suit No. 12 of 2001. Judgment A B M Khairul Haque J.- This is an application for an order of mandatory injunction, praying for recovery of possession of the vessel MV. Hemayetuddin M N...... order as to cost. Ed. This Case is also Reported in: 55 DLR (2003) 51. ......s. Yakub Mia, 7 DLR 606; The State of Bihar Vs. Usha Devi, AIR 1956 Patna 455; Abdul Jalil Munshi Vs. Abu Bakr Siddique, 35 DLR (AD) 42. Lawyers Involved: AFMA Rahman, Advocate‑ For the Petitioner. Khan Saifur Rahman, Senior Advocate‑ For Respondent No. 1. Admiralty Suit No. 12 of 20..Category: Admiralty Law or Maritime Law | Date: | Hits: 188
Moulana Fariduddin Ahmed and another Vs. Md. Kolimullah and others, 2001, 30 CLC (HCD)
....of the observation as made hereinabove. The order of stay granted earlier is hereby re‑called and vacated. Send down the records at once. Ed. This Case is also Reported in: 55 DLR (2003) 49......., Advocate‑ For the Petitioners. Not represented- the Opposite parties. Civil Revision No. 2571 of 1998 with Civil Revision N0. 2572 of 1998. Judgment Md. Abdur Rashid J.- This order will dispose of both the Rules. Earlier Rule arises out of Title Suit No. 50 of 1990, which wa......ecords at once. Ed. This Case is also Reported in: 55 DLR (2003) 49.......eported in: 55 DLR (2003) 49...Category: Property Law | Date: | Hits: 27
Momena Begum Vs. Dhaka City Corporation and others, 2002, 31 CLC (HCD)
....m the case of Dr. MO Gani Vs. Dr. ANM Mahmood, 18 DLR (SC) 463. Accordingly, the Rule is discharged, however, without any order as to cost. Ed. This Case is also Reported in: 55 DLR (2003) 43....... also filed an application for temporary injunction under Order XXXIX rules 1 and 2 read with section 151 of the Code of Civil Procedure with a prayer for ad-interim injunction but the trial Court by order dated 18‑5‑1999 rejected the prayer for ad interim injunction against which the present pe...... In re: Clements, Republic of Costa Rica Vs. Eglanger (1876) 46 LJCJ 375; Dr. MO Gani Vs. Dr. ANM Mahmood, 18 DLR (SC) 463. Lawyers Involved: Md. Abdus Sobhan with Mir Moklesur Rahman and Nasrin Parvin, Advocates‑ For the Petitioner. Dr. Rafiqur Rahman with MA Baki, Advocates– For the......ported in: 55 DLR (2003) 43...Category: Property Law | Date: | Hits: 34
Hilly Housing Co-operative Society Ltd. Vs. Akhtaruzzaman Chowdhury and ors., 2001, 30 CLC (HCD)
....ll-reasoned and well-supported by the materials on record. We find no substance in the application. The application is rejected summarily. Ed. This Case is also Reported in: 54 DLR (2002) 46. ....... Not represented- the opposite parties. Civil Order No. 3324 of 2001. Judgment SK Sinha J.- This application under section 115(1) of the Code of Civil Procedure is directed against the order dated 12-2-2001 passed by the 1st Court of Subordinate Judge, Chittagong in Other Class Suit......tion is rejected summarily. Ed. This Case is also Reported in: 54 DLR (2002) 46. ......2) 46. ..Category: Civil Law | Date: | Hits: 70
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.......ttorneyÂ-General‑ For the State. Criminal Appeal No. 673 of 1997. Judgment Md. Shamsul Huda J.- This appeal is directed at the instance of accused appellant Bhola against the judgment and order dated 29‑10‑1991 passed by the learned Sessions Judge, Sherpur in Sessions Case No. 40 of ......bove 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.......ntencing them to suffer rigorous imprisonment for 30 years and to pay the fine of Taka 10,000, in default to suffer rigorous imprisonment for 5(five) years more with a direction to the Deputy Commissioner, Sherpur to realise fine from the convict persons and to pay 3/4th of the money to the heirs of..Category: Criminal Law | Date: | Hits: 41
Hotel Agrabad Ltd. Vs. Chairman, Labour Court and others, 1999, 28 CLC (HCD)
....ur Court in IRO Case Nos. 78 and 79 of 1984 are upheld. The petitioner will pay a cost of Taka 5000 in each of the Rules. Ed. This Case is also Reported in: 59 DLR (2007) 297. ......nd are being disposed of by this Judgment. 2. In these Rules the petitioner Company "Hotel Agrabad Ltd." (hereinafter called the petiÂtioner Company) has called in question the judgÂment and order dated 31-12-91 passed in IRO Case Nos. 78 and 79 of 1984 by the First Labour Court, Chittagong...... The petitioner will pay a cost of Taka 5000 in each of the Rules. Ed. This Case is also Reported in: 59 DLR (2007) 297. ...... (Special Original Jurisdiction) Present: Syed Amirul Islam J SAN Mominur Rahman J Hotel Agrabad Ltd……………………………………………………Petitioner Vs. Chairman, Labour Court and others ………………………Respondents ..Category: Labour and Industrial Law | Date: | Hits: 121
Moyezuddin Sikder and ors. Vs. State, represented by the DC, Khulna, 2007, 36 CLC (HCD)
....is Court, we choose to quote the provision of law which, is being considered by this Court and the same is an amendment to Jaruri Khamata Bidhimala 2007 namely, the said Rules made by SRO 30-Ain/2007 published in the Bangladesh Gazette on March 21, 2007 arid the relevant part of the said Legislation......howdhury, learned DepuÂty Attorney-General, made his submission on behalf of the State on that day. Having heard the learned Counsels, as aforesaid, April 2,2007 was scheduled for delivery of formal order. It may not be out of place to mention that upon hearing the learned Counsels, we found no dif......e question raised at the Bar is hereby resolved with the observations as above. Ed. This Case is also Reported in: 59 DLR (2007) 287. ......iminal Miscellaneous 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 ..Category: Criminal Law | Date: | Hits: 50
Abdul Malek (Md) Vs. Bangladesh and others, 2006, 35 CLC (HCD)
....ave been passed without lawful authority and the same is of no legal effect. In the result, the Rule is made absolute. No costs. Ed. This Case is also Reported in: 59 DLR (2007) 284. ......MA Samad, Advocate—For Respondent Nos. 2, 3, 4 and 5. Writ Petition No. 1558 of 1997. Judgment Zinat Ara J.- In this Rule, the petitioner calls in question the legality of the order bearing Memo No. JFCI/BIPINON-27/FMC (Sherpur) 146 dated 13-2Â1997 passed by the General Mana......egal effect. In the result, the Rule is made absolute. No costs. Ed. This Case is also Reported in: 59 DLR (2007) 284. ......84. ..Category: Civil Law | Date: | Hits: 74
Dr. Ahmed Majid Vs. Abdul Latif @ Suruj Ali, 2006, 35 CLC (HCD)
.... Court is directed to proceed with the suit in accordance with law. No costs. Communicate the order to the Court below at once. Ed. This Case is also Reported in: 59 DLR (2007) 282. ......ed—the Opposite Party. Civil Revision No. 670 of 2002. Judgment Zinat Ara J.- This Civil Revision under section 25 of the Small Cause Courts Act, 1987 is about the legality of order dated 24-10-2001 passed by the Senior Assistant Judge and the Court of Small Causes, Sadar, My......to the Court below at once. Ed. This Case is also Reported in: 59 DLR (2007) 282. ......2007) 282. ..Category: Property Law | Date: | Hits: 37
Mohammad Ullah (Driver) Vs. State, 2007, 36 CLC (HCD)
....he rule petition and also from the application for condonaÂtion of delay that the petitioner was unaware about the case and he was at his locality and was ploughÂing his land. Although notices were published in two newspapers i.e. in 'daily Sangram' and 'daily Azad' but he being a poor cultivator ......te. Criminal Revision No. 555 of 2006. Judgment Sharifuddin Chaklader J.- This Rule at the instance of the convict appellant-petitioner who is in jail is against the judgment and order dated 15-3Â-2006 passed by the learned Sessions Judge, Munshiganj outright rejecting the memo......th the appeal in accordance with law. Send down the lower Court records. Ed. This Case is also Reported in: 59 DLR (2007) 281. ......Division (Criminal Appellate Jurisdiction) Present: Sharifuddin Chaklader J Sheikh Abdul Awal J Mohammad Ullah (Driver)................Convict-AppellantÂ-Petitioner Vs. State............................................Opposite Party Judgme..Category: Criminal Law | Date: | Hits: 36
Mozam and others Vs. State, 2006, 35 CLC (HCD)
....offence. Send down the lower Court's records at once with a copy of this judgment for information and for taking necessary action. Ed. This Case is also Reported in: 59 DLR (2007) 276.......Judgment SM Ziaul Karim J.- This appeal, at the instance of convict-appellants namely (1) Mozam, (2) Mazid (3) Jamshed, (4) Alek, (5) Akam and (6) Khorshed is directed against the judgment and order dated 16Â8-1998 passed by the learned Judge of the Nari-o-Shishu Nirjatan Damon Bishesh Adala......nce with a copy of this judgment for information and for taking necessary action. Ed. This Case is also Reported in: 59 DLR (2007) 276.......under section 4(c)/9 of the Ordinance, 1983 to which they pleaded not guilty and claimed to be tried. 5. In course or trial the prosecution in all examined nine witnesses and defence examined none. 6. After closure of prosecution evidence when appellants were examined under section 342..Category: Criminal Law | Date: | Hits: 82
....quashed.
Order of stay granted at the time of issue of the Rule is hereby recalled and vacated.
Communicate at once.
Ed.
This Case is also Reported in: 59 DLR (2007) 274.
......posited a sum of Taka 54 lac pursuant to the notice and requested said respondent No. 6 to condone the irregularity, if any, committed.
5. But said respondent No. 6 made an adjudication by his order dated 23-4-2001 imposing a fine of exact amount of said Taka 43,84,398.56 for evasion of tax u......e Rule is hereby recalled and vacated.
Communicate at once.
Ed.
This Case is also Reported in: 59 DLR (2007) 274.
......gh Court Division
(Special Original Jurisdiction)
Present:
Md. Abdur Rashid J
Md. Miftahuddin Choudhury J
RAK Ceramics (Bangladesh) Private Ltd……........Petitioner
Vs.
Bangladesh, represented by Secretary, Ministry of Internal Resources Division..
Category: Fiscal/Taxation Law | Date: | Hits: 63
....le is hereby recalled and vacated.
There is no order as to costs.
Send down the lower Court record at once.
Ed.
This Case is also Reported in: 59 DLR (2007) 270, 26 BLD (HCD) (2006) 634.
......anting interference by this Court exercising power under section 115(1) of the Code.
For the reasons stated, I do not find any substance in this Rule.
In the result, the Rule is discharged. The order of status quo passed at the time of issuance of the Rule is hereby recalled and vacated.
Th......¦â€¦â€¦Opposite Parties
Judgment
July 9, 2006.
Cases Referred To-
Laxmi Kanta Roy vs. Upazila Nirbahi Officer 46 DLR 136; Ms. Dulichand Omraolal vs. Bangladesh, through the Secretary, Ministry of Industries 33 DLR (AD) 30; Kochi Mia vs. Suruj Mia 51 DLR (AD) 57; Shamser Ali (Md.) vs. ......
(Civil Revisional Jurisdiction)
Present:
Quamrul Islam Siddiqui J
Abani Kumar Mistry and others………………………………………………………………………Petitioners
Vs.
Government of the People's Republic of Bangladesh and others……………Opposite ..
Category: Property Law | Date: | Hits: 27
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