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Dr. Md. Nazimuddin and others Vs. Md. Abdur Rahman Siddique and others, 2010, 39 CLC (HCD)

....ower Court's record at once. Let a copy of the judgment be transmitted to the Courts concerned at their respective station. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 305. ......2004. Thereafter the judgment debtors opposite parties entered appearance in the said Execution Proceedings on 15.5.2004 and prayed for staying the proceedings of the Execution Case. At that stage Bangladesh Shilpa Bank submitted an application on 17.5.2004 for adding him as a party and that was....... Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 305. ......D (HCD) (2010) 305. ..

Category: Civil Law | Date: 25 Feb, 2010 | Hits: 7

Ayrin Akhter Lypi Vs. Bahadur Khan and another, 2010, 39 CLC (HCD)

....subject to consent of the trial Court and that the Court would exercise its function judicially before giving such consent which implies that the Court will have to examine the materials on which the Government decides withdrawal of a case from prosecution...................................(11) C......his judgment and order to the Court concerned for inf6rination and necessary action. Ed. This Case is also Reported in:19 BLT (HCD) (2011) 488; 15 MLR (HCD) (2010) 139; 30 BLD (HCD) (2010) 280. ......Division (Criminal Revisional Jurisdiction) Present: Afzal Hossain Ahmed J Md. Abdul Hye J Ayrin Akhter Lypi……………………………………Petitioner Vs. Bahadur Khan and another………………….Opposite Parties Judgment January 27, 2010. Result: Th......Court High Court Division (Criminal Revisional Jurisdiction) Present: Afzal Hossain Ahmed J Md. Abdul Hye J Ayrin Akhter Lypi……………………………………Petitioner Vs. Bahadur Khan and another………………….Opposite Parties Judgment January 27, 20..

Category: Women and Children | Date: 27 Jan, 2010 | Hits: 156

Farida Begum Minu and others Vs. Abdul Jabbar being dead his heirs Md. Nurul Amin and others, 2010, 39 CLC (HCD)

....ed in their names. Plaintiff No.1 and his brother Abdul Karim transferred 23 decimals land from the plot No.138 to Intezam and others and they have been owning and possessing that land. Thereafter Government of Bangladesh acquired 89 decimal land from the plot No.138 by L.A. Case No.159/61-62 Aw......ames. Plaintiff No.1 and his brother Abdul Karim transferred 23 decimals land from the plot No.138 to Intezam and others and they have been owning and possessing that land. Thereafter Government of Bangladesh acquired 89 decimal land from the plot No.138 by L.A. Case No.159/61-62 Award was prepa......iately. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 424. ......30 BLD (HCD) (2010) 424. ..

Category: Property Law | Date: 6 Jan, 2010 | Hits: 8

Nuvista Pharma Limited Vs. Chairman, National Board of Revenue & ors, 2010, 39 CLC (AD)

....ake any step for payment of the said arrears VAT liability or did not prefer any appeal. It appears that audit has been conducted by the audi­tors of the Local and Revenue Audit Directorate of the Government based on records such as price declaration, monthly returns and Mushak Challan, copy of......wo Paisa only) issued in favour of the respondent No.1 as securi­ty for CRAD Audit Objections raised against the petitioner (Annexure-F-1) 3. The facts of the case in brief are that Organon (Bangladesh) Limited, a pharmaceutical company was registered for VAT. The majority shareholder of O...... Murad Reza, Additional Attorney General, instructed bv B. Hossain, Advocate-on-Record—For the Respon­dents. Civil Petition for Leave to Appeal No.2592 of 2010. (From the judgment and order dated 27.10.2010 passed by the High Court Division in Writ Petition No.4968 of 2007.) ...... (Civil) Present: ABM Khairul Haque CJ Md. Muzammel Hossain J Surendra Kumar Sinha J   Nuvista Pharma Limited...............................Petitioner Vs. Chairman, National Board of Revenue & ors......Respondents Judgment January..

Category: Business or Commercial Law | Date: 4 Jan, 2010 | Hits: 4

Paresh Chandra Biswas Vs. Sree Sree Shashan Kalimata Idol and others, 2009, 38 CLC (HCD)

.... Sree Sree Kalimata were in possession of the same and with a view to remove any complication in future regarding the deity's title, the shebaits of the kalimata took pattan of the lands from the Government. The recitals in the deed clearly disclosed that the deity is a public debuttor which is ......admitted that there was existence of Mondir in the suit lands. In course of cross-examination, he stated that he did not see the performing Kalipuja by the defendant-appellant after the liberation of Bangladesh and that the defendant whimsically maintains the income and expenditure of the deity'......so Reported in:61 DLR (HCD) (2009) 679. ...... ..

Category: Others, Property Law | Date: 16 Dec, 2009 | Hits: 94

Nirmal Chandra Shaha Vs. The State and others, 2009, 38 CLC (HCD)

....liance to the Registrar of this Court. With the above directions and observations, the appeal is allowed. Naima Haider J. - I agree. This Case is also Reported in: 30 BLD (HCD) (2010) 584. ...........................................Respondents Judgment December 14, 2009. Cases Referred To- Abdul Majid Sarker (Md.) Vs. State and others, 55 DLR (AD) 1; Sree Mongal Chandra Nandi Vs. Bangladesh, represented by the Secretary, Ministry of Home Affairs, 5 BLT (AD) 1; Rehana Begum and a...... This Case is also Reported in: 30 BLD (HCD) (2010) 584. ...... Court  High Court Division (Criminal Appellate Jurisdiction) Present: Md. Imman Ali J Naima Haider J Nirmal Chandra Shaha..............................Informant-Appellant Vs. The State and others......................................Respondents Judgment December..

Category: Women and Children | Date: 14 Dec, 2009 | Hits: 150

Government of Bangladesh Vs. Syed Md. Belayet Hossain, 2009, 38 CLC (HCD)

....rted in: 15 MLR (AD) (2010) 512. ......me Court Appellate Division (Civil) Present: Mohammad Fazlul Karim J Md. Tafazzul Islam J Md. Joynul Abedin J Surendra Kumar Sinha J The Government of the People's Republic of Bangladesh, represented by the Secretary, Ministry of Education and another...............................d Fazlul Karim J Md. Tafazzul Islam J Md. Joynul Abedin J Surendra Kumar Sinha J The Government of the People's Republic of Bangladesh, represented by the Secretary, Ministry of Education and another..............................Petitioners Vs. Syed Md. Belayet Hossain ..................bedin J Surendra Kumar Sinha J The Government of the People's Republic of Bangladesh, represented by the Secretary, Ministry of Education and another..............................Petitioners Vs. Syed Md. Belayet Hossain ........................................Respondent Order Decem..

Category: Employment/Service Law | Date: 10 Dec, 2009 | Hits: 159

Rezaul Kabir (Md.) and another Vs. Bangladesh and others, 2009, 38 CLC (HCD)

....s 'irregularities' in the appointments of more than 100 people of Barisal City Corporation . Thereafter the Respondent No. 2, Senior Assistant Secretary (Poura), Section- 1, Ministry of Local Government, Rural Development and Co-opera­tives, Local Government Division by Memo dated 4-10-2......urt Division (Special Original Jurisdiction) Present: Tariq ul Hakim J Md. Moinul Islam Chowdhury J Rezaul Kabir (Md.) and another..................Petitioners Vs. Bangladesh and others........................Respondents Judgment November 22, 2009. ......CD) (2015) 19   ...... High Court Division (Special Original Jurisdiction) Present: Tariq ul Hakim J Md. Moinul Islam Chowdhury J Rezaul Kabir (Md.) and another..................Petitioners Vs. Bangladesh and others........................Respondents Judgment November 22, 20..

Category: Administrative Law, Employment/Service Law | Date: 22 Nov, 2009 | Hits: 3

Human Right and Peace for Bangladesh (HRPB) and another Vs. The Mayor, Dhaka City Corporation and others, 2009, 38 CLC (HCD)

.... we have gone through the provision laid down in section 125 of the Dhaka City Corporation Ordinance, 1983 which is quoted below :- “125. (1) The Corporation may and if so required be the Government shall, provide suitable places for the burial and burning of the dead, and shall take ne......n: ......lso Reported in: ......owdhury J Human Right and Peace for Bangladesh (HRPB), represented by it’s President Advocate Manzill Murshid of 36, Mirpur Road, Dhanmondi, Dhaka- 1205 and another..........Petitioner. Vs. The Mayor, Dhaka City Corporation and other.....................Respondents. Judgment ..

Category: Constitutional Law | Date: 17 Nov, 2009 | Hits: 6

Md. Jubayer Vs. State and others, 2009, 38 CLC (HCD)

....…………..(21) Cases Referred to- Kanchana Kamalnathan Vs. Nagaraj, (1996) 84 Company Cases 959 Mad.; State Vs. Moyezuddin Sikder and others, 60 DLR (AD) 82; Mujibur Rahman (Md) Vs. Government of Bangladesh and others, 44 DLR (AD) 111; Zafar-ul-Ahsan Vs. The Republic of Pakistan, P........(21) Cases Referred to- Kanchana Kamalnathan Vs. Nagaraj, (1996) 84 Company Cases 959 Mad.; State Vs. Moyezuddin Sikder and others, 60 DLR (AD) 82; Mujibur Rahman (Md) Vs. Government of Bangladesh and others, 44 DLR (AD) 111; Zafar-ul-Ahsan Vs. The Republic of Pakistan, PLD 1960 (SC) 1......urt High Court Division (Criminal) Present: Afzal Hossain Ahmed J Md. Abdus Samad J Md. Jubayer…………………………..Accused-Petitioner Vs. The State and others…………………………….Opposite Parties Judgment November 09, 2009. ......bsp;. ..

Category: Criminal Law | Date: 9 Nov, 2009 | Hits: 128

Zahirul Islam & others Vs. Government of Bangladesh others, 2009, 38 CLC (HCD)

.... Present: Md. Ashfaqul Islam J Md. Moinul Islam Chowdhury J Zahirul Islam & others………………………Petitioners Vs. Government of Bangladesh others................Respondents Judgment October 28, 2009. ...... Md. Ashfaqul Islam J Md. Moinul Islam Chowdhury J Zahirul Islam & others………………………Petitioners Vs. Government of Bangladesh others................Respondents Judgment October 28, 2009.  Result:......nts Judgment October 28, 2009.  Result: this Rule is made absolute. Cases Referred to- Romisa Khanam Vs. Bangladesh 61 DLR 18; Md. Abtab Ali Sheikh Vs. Director of Land Records, 58 DLR 397=11 MLR 226; Capital Co-operative Housing Society Ltd Vs. Bangladesh 45 DLR 2......ion) Present: Md. Ashfaqul Islam J Md. Moinul Islam Chowdhury J Zahirul Islam & others………………………Petitioners Vs. Government of Bangladesh others................Respondents Judgment October 28, 2..

Category: Property Law, Tenancy Law | Date: 28 Oct, 2009 | Hits: 5

Dr. Mir Jamal Uddin and others Vs. Dr. Nawzesh Farid and others, 2009, 38 CLC (AD)

.... of Professors, Associate Professors and Assistant Professors in different disciplines in various Medical Colleges, Hospitals and Institutes under the Ministry of Health, Family Planning and Welfare, Government of Bangladesh. In the said notification, PSC specifically stated the number of posts to b......ing all the Rules absolute in Writ Petition Nos.2094, 2396, 3365, 361, 4240, 2472, 2239 and 3259 of 2007. 2. The facts leading to the filing of the above noted writ petitions, in brief, are that Bangladesh Public Service Commission (PSC) invited applications vide notification dated 28.05.2006, ...... Present: MM Ruhul Amin CJ Mohammad Fazlul Karim J Md. Joynul Abedin J Md. Abdul Matin J Shah Abu Nayeem Mominur Rahman J ABM Khairul Haque J Dr. Mir Jamal Uddin and others..................Petitioners (In Civil Petition No.1158-59 of 2009) Dr. Shafiuddin A......009) Dr. A.K.M. Aminul Haque and others........Petitioners (In Civil Petition No.1183 of 2009) Dr. Most. Rashida Begum and others.......Petitioners (In Civil Petition No. 1225 of 2009) Vs. Dr. Nawzesh Farid and others..................Respondents (In Civil Petition No.1158 of 200..

Category: Employment/Service Law | Date: 14 Oct, 2009 | Hits: 118

Md. Rezaul Kabir Vs. State and another, 2009, 38 CLC (HCD)

....amount of Tk. 15,500/- from the possession of the said Upazila Nirbahi Officer on searching his body for which he could not give any satisfactory answer. The said Upazila Nirbahi Officer being a high Government Official received the said amount of money, as bribe, and thereby-committed an offence pu......py of this judgment and order be sent to the Special Judge and Sessions Judge, Mymensingh for information and necessary action. Ed. This Case is also Reported in: 14 MLR (HCD) (2009) 482. ...... Present: Afzal Hossain Ahmed J Md. Abdus Samad J Md. Rezaul Kabir………………………..Accused-petitioner Vs. The State and another…………………………..Opposit......us Jurisdiction) Present: Afzal Hossain Ahmed J Md. Abdus Samad J Md. Rezaul Kabir………………………..Accused-petitioner Vs. The State and another……………………&helli..

Category: Anti-Corruption Laws | Date: 11 Oct, 2009 | Hits: 10

State Vs. Secretary, Ministry of Law, Justice & Parliamentary Affairs and others, 2009, 38 CLC (HCD)

....hu Nirjatan Daman Tribunal, Sirajgonj in Nari-o-Shishu Case No.764 of 2006; State Vs. Metropolitan Police Commissioner, 60 DLR 660; State Vs. Md. Roushan Mondal @ Hashem, 59 DLR 72; Fahima Nasrin Vs. Government of Bangladesh and others, 61 DLR 232. Lawyers Involved: Dr. Naim Ahmed, Advocate-F......; Parliamentary Affairs and others ..........Respondents Judgment September 3, 2009. Result: The Rule is disposed of with observation. Cases Referred to- Hussain Muhammad Ershad Vs. Bangladesh and others, 21 BLD (AD) 69; The State Vs. Tasiruddin, 13 DLR 203; Nari-o-Shishu Nirjatan ...... Md. Fazlur Rahman J State......................................................................................Petitioner Vs. Secretary, Ministry of Law, Justice & Parliamentary Affairs and others ..........Respondents Judgment September 3, 2009. Result: The Rule is dispose...... (Criminal Appellate Jurisdiction) Present: Md. Imman Ali J Md. Fazlur Rahman J State......................................................................................Petitioner Vs. Secretary, Ministry of Law, Justice & Parliamentary Affairs and others ..........Responde..

Category: Women and Children | Date: 3 Sep, 2009 | Hits: 198

Shamsul Hossain Vs. Anwar Hossain and others, 2009, 38 CLC (HCD)

....three appeals, First Appeal No. 48 of 1999 by Samsul Hasan alias Md Hasan Samsuzzaman, defendant No. 5, auction purchaser, FA No. 203 of 1999 by Anowar and others plaintiffs and FA No. 330 of 1999 by Government of Bangladesh, represented by Secretary, Ministry of Jute Corporation directed against a ...... First Appeal No. 48 of 1999 by Samsul Hasan alias Md Hasan Samsuzzaman, defendant No. 5, auction purchaser, FA No. 203 of 1999 by Anowar and others plaintiffs and FA No. 330 of 1999 by Government of Bangladesh, represented by Secretary, Ministry of Jute Corporation directed against a single Judgmen...... High Court Division (Civil) Present: Sharif Uddin Chaklader J Md Emdadul Haque Azad J Shamsul Hossain...............................Appellant Vs. Anwar Hossain and others..................Respondents Judgment August 20, 2009. Result: The Ap...... 74 ..

Category: Property Law | Date: 20 Aug, 2009 | Hits: 3

Sree Ashish Kumar Shaha Roy Vs. Al-Haj Md. Wasidul Islam and others, 2009, 38 CLC (AD)

.... therefore find any substance in any of the submissions of the learned Counsel for the petitioner. This petition is accordingly dismissed. Ed. This Case is also Reported in: 21 BLT (AD) (2013) 13. ...... Bashi Saha and they became Indian Citizen and the plaintiffs father Shudhagshu and his father's elder brother Saytendra Kumar became owners in possession of the suit land left by Nagor Bashi Saha in Bangladesh and they were residing in ejmali with Gagon Chandra Saha. Gagon Chandra Saha had two daug......rt Appellate Division (Civil) Present: MM Ruthful Amin CJ BK Das J Md. Muzammel Hossain J Sree Ashish Kumar Shaha Roy..............Plaintiff-appellant-petitioner Vs. Al-Haj Md. Wasidul Islam and others………Principal-defendants-opposite parties Judgment July 23, 2009. Result: This pe......T (AD) (2013) 13. ..

Category: Property Law | Date: 23 Jul, 2009 | Hits: 6

Dr. Mohiuddin Khan Alamgir Vs. ACC and another, 2009, 38 CLC (HCD)

....on of Emergency on 11-1-2007, the appellant was arrested by the joint forces on 3-2-2007 under Rule 16 of the Emergency Power Rules, 2007. While the appellant was in custody of the jail authority the Government served notice of detention upon him in the Jail custody. Subsequently, his detention orde......xtures and other household items. (ii) A licensed revolver and a single bore gun. (iii) About Taka 90,00,000 deposited with IFIC Bank Ltd, Gulshan Branch, Dhaka; Janata Bank, Kachua Branch, Bangladesh; Krishi Bank, Savar Branch, Bangladesh; Krishi Bank, Gulbahar Branch and Grameen Bank, Gu...... Court Division (Criminal Appellate Jurisdiction) Present: SM Dastagir Husain J Md. Raisuddin J Dr. Mohiuddin Khan Alamgir.................Convict-Appellant Vs. ACC and another....................Respondents Judgment July 13, 2009. Result: The a......urt High Court Division (Criminal Appellate Jurisdiction) Present: SM Dastagir Husain J Md. Raisuddin J Dr. Mohiuddin Khan Alamgir.................Convict-Appellant Vs. ACC and another....................Respondents Judgment July 13, 2009. Resul..

Category: Anti-Corruption Laws | Date: 13 Jul, 2009 | Hits: 286

Human Rights & Peace for Bangladesh & others Vs.Govt of Bangladesh & Others, 2009, 38 CLC (HCD) [হিউম্যান রাইট্স এ্যান্ড পিস ফর বাংলাদেশ গং বনাম বাংলাদেশ গং, ২০০৯, ৩৮ সিএলসি (হাইকোর্ট ডিভিশন)]

....াকা মহানগরী বিরান হইয়া যাইবার সম্ভবনা রহিয়াছে। Ed. This Case is also Reported in: 17 BLT (HCD) (2009) 455 ......and permanent structures/buildings in the rivers,namely, Buriganga, Turag, Balu and Shitalakkha, till disposal of the Rule. Let a copy of this Rule be served upon the learned Attorney General of Bangladesh for his information and necessary steps in this regard. Since the matter is of great......esult: রুলটি খরচা ব্যতিরেকে এ্যাব্সলিউট্ করা হইল। এই রীট্ মোকাদ্দমাটি Continuing mandamus হিসাবে অব্যাহত থাকিবে। বাংলাদেশ......াকা মহানগরী বিরান হইয়া যাইবার সম্ভবনা রহিয়াছে। Ed. This Case is also Reported in: 17 BLT (HCD) (2009) 455 ..

Category: Environmental Law, Property Law | Date: 25 Jun, 2009 | Hits: 19

Most. Abu Tara Vs. Md. Abdur Rahim Khan and others, 2009, 38 CLC (HCD)

....ossessing the suit land through tenants as well as by her family members for more than 12 years by erecting 8 semi pucca rooms and taking electric, water and gas connection and by paying rents to the Government. That in the last survey attested Khatian No.44975 has been correctly prepared in the nam...... rule is discharged without any order as to costs. Lower Courts records be sent down at once with a copy of the Judgment. Ed. This Case is also Reported in: 17 MLR (HCD) (2012) 449. ......Present: Syed Abu Kowser Md. Dabirush Shan J Most. Abu Tara……………………Defendant-Respondent Petitioner Vs. Md. Abdur Rahim Khan and others……………………….Plaintiff-Appella......Revisional Jurisdiction) Present: Syed Abu Kowser Md. Dabirush Shan J Most. Abu Tara……………………Defendant-Respondent Petitioner Vs. Md. Abdur Rahim Khan and others…………………&hel..

Category: Evidence Law | Date: 25 Jun, 2009 | Hits: 42

Bangladesh Power Development Board & others Vs. Abu Bakar Siddique & anothers, 2009, 38 CLC (AD)

....the service on 25-8-1984 i.e. 2 years after the Service Rules came into force but during the said period when there was dearth of qualified Engineers the Bangladesh Power Development Board like other Government Institutions acted under compelling circum­stances, similar to the provision in circular...... ......M Zahir, Senior Advocate with Azizul Huq Advocate, instructed by Md. Aftab Hossain, Advocate-on Record-For the Respondents (As added). Civil Appeal Nos. 341-358 of 2003. (From the judgment and order dated the 16th day of March, 2003 passed by the High Court Division in Writ Petition Nos.2...... Mohammad Fazlul Karim J Joynul Abedin J SAN Mominur Rahman J         Bangladesh Power Development Board & others.........Appellants Vs. Abu Bakar Siddique & anothers………………………..Respondents Judgment ..

Category: Employment/Service Law | Date: 3 Jun, 2009 | Hits: 256