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Asalat Zaman (Md) and others Vs. Government of Bangladesh and others, 2003, 32 CLC (AD).

.... Syed JR Mudassir Husain J AS Ahammed J Asalat Zaman (Md) and others ...............Appellants Vs. Government of Bangladesh and others.......... Respondents ...... Syed JR Mudassir Husain J AS Ahammed J Asalat Zaman (Md) and others ...............Appellants Vs. Government of Bangladesh and others.......... Respondents Judgment ......Civil) Present: Md. Fazlul Karim J Syed JR Mudassir Husain J AS Ahammed J Asalat Zaman (Md) and others ...............Appellants Vs. Government of Ban...... Md. Fazlul Karim J Syed JR Mudassir Husain J AS Ahammed J Asalat Zaman (Md) and others ...............Appellants Vs. Government of Bangladesh and others.......... Respo..

Category: Alternative Dispute Resolution | Date: 17 Nov, 2002 | Hits: 223

DC of Dhaka & ors Vs. Aziz Cooperative Housing Society Ltd. & ors, 2006, 35 CLC (AD)

....s and 600 shop owners and their employees seriously and that the notice under section 3 of the Ordinance has been issued after the attempt of the authority to take over the land claiming to be of the Government failed. 6. The writ petitioners have asserted that the .notice issued under ......d under section 3 of the Ordinance for acquisition of 0.1700 acre of land have been issued without lawful authority and is of no legal effect. Accordingly the petition is dismissed. Ed. ......ccordingly the petition is dismissed. Ed. ......e Court Appellate Division (Civil) Present: Md. Ruhul Amin J K. M. Hasan J Md. Fazlul Haque J Deputy Commissioner of Dhaka and others………….Petitioners Vs. Aziz Cooperative Housing Society Ltd. & others……………..

Category: Property Law | Date: 16 Nov, 2002 | Hits: 72

Chair, Board of Inter. & Secn. Edn., Jessore and ors. Vs. Md. Amir Hossain & anr., 2004, 33 CLC (AD)

....ension on the allegation of corruption in the examination and also for negligence of duty. While the writ‑petitioner was serving as Deputy Controller of Examinations, the Ministry of Education, Government of Bangladesh issued circular No. 4/91/88/762 dated 10‑8‑1988 upon the writ r......s...........Petitioners Vs. Md Amir Hossain and another..............Respondent Judgment November 12, 2002. The Constitution of Bangladesh, 1972, Art 102 Natural justice It is now well settled ...... Supreme Court Appellate Division (Civil) Present: Mainur Reza Chowdhury CJ Md. Fazlul Karim J AS Ahammed J Chairman, Board of Intermediate and Secondary Education, Jessore and ors...........Petitioners Vs. Md Amir Hossai...... Mainur Reza Chowdhury CJ Md. Fazlul Karim J AS Ahammed J Chairman, Board of Intermediate and Secondary Education, Jessore and ors...........Petitioners Vs. Md Amir Hossain and another..............Respondent Judgment November..

Category: Constitutional Law | Date: 12 Nov, 2002 | Hits: 322

Government of Bangladesh and another Vs. MA Khair Bhuiyan, 2003, 32 CLC (AD).

.... (Civil) Present: Mainur Reza Chowdhury CJ Md. Fazlul Karim J Syed JR Mudassir Husain J AS Ahammed J Government of Bangladesh and another .........Appellant Vs. MA ......e appeal in accordance with law. In the result, the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 55 DLR (AD) (2003) 76. ......nt: Mainur Reza Chowdhury CJ Md. Fazlul Karim J Syed JR Mudassir Husain J AS Ahammed J Government of Bangladesh and another .........Appellant Vs. MA Khair Bhuiyan............Respo...... Md. Fazlul Karim J Syed JR Mudassir Husain J AS Ahammed J Government of Bangladesh and another .........Appellant Vs. MA Khair Bhuiyan............Respondent Judgment ..

Category: Civil Law | Date: 4 Nov, 2002 | Hits: 152

Ekushey Television & anr. Vs. Dr. Chowdhury Mahmood Hasan & ors. 2003, 32 CLC (AD).

....- 'Cha' of original memo (Annexure-'C) of the same date issued by the Ministry of Finance, by which ETV was exempted from paying hourly charge of Taka 1200 or Taka 1800 thus depriving the Government exchequer from huge amount money every year. 9. The further case...... Vs. Dr. Chowdhury Mahmood Hasan and ors ………….... Respondent Judgment August 29, 2002. The Constitution of Bangladesh, 1972 Articles 104 & 105 The Code of Civil Procedure, 1908 (V o......howdhury CJ Md Ruhul Amin J Md Fazlul Karim J KM Hasan J Syed JR Mudassir Husain J Abu Sayeed Ahammed J Md. Fazlul Haque J Ekushey Television and another …… Petitioner Vs. Dr. Chowdhury Mahmood Hasan and ors &helli......Fazlul Karim J KM Hasan J Syed JR Mudassir Husain J Abu Sayeed Ahammed J Md. Fazlul Haque J Ekushey Television and another …… Petitioner Vs. Dr. Chowdhury Mahmood Hasan and ors ………….... Respondent ..

Category: Procedural Law | Date: 29 Aug, 2002 | Hits: 190

Secretary, Ministry of Works and another Vs. Md. Yusuf Ali Khan and others, 2002, 31 CLC (AD)

....gation of President's Order No. 16 of 1972 the original owner of the house was not in Bangladesh. The respondent No. 2 also lost possession and control of the house and the house was vested in the Government as an abandoned property. Immediately after independence the suit house was taken unde...... denying the material allegations contained in the plaint and stating, inter alia, that at the time of promulgation of President's Order No. 16 of 1972 the original owner of the house was not in Bangladesh. The respondent No. 2 also lost possession and control of the house and the house was ve......ourt Appellate Division (Civil) Present: Mainur Reza Chowdhury CJ KM Hasan J Md. Fazlul Haque J Secretary, Ministry of Works and another.........Appellants Vs. Md. Yusuf Ali Khan and others.................... (Civil) Present: Mainur Reza Chowdhury CJ KM Hasan J Md. Fazlul Haque J Secretary, Ministry of Works and another.........Appellants Vs. Md. Yusuf Ali Khan and others........................Respondents Judgment ..

Category: Contract Law | Date: 21 Aug, 2002 | Hits: 1110

Maico Jute and Bag Corporation Vs. Bangladesh Jute Mills Corporation & others, 2002, 31 CLC (AD)

....impugned judgment and do not find any illegality or infirmity with impugned judgment for our interference. The petition is dismissed. Ed. This Case is also Reported in: 55 DLR (AD) 23. ......vision (Civil) Present: Mainur Reza Chowdhury CJ Md. Fazlul Karim J KM Hasan J Md. Fazlul Haque J Maico Jute and Bag Corporation.....................Petitioner Vs. Bangladesh Jute Mills Corporation and others....................Respondents Judgement August......Court Division Judgment here. Supreme Court Appellate Division (Civil) Present: Mainur Reza Chowdhury CJ Md. Fazlul Karim J KM Hasan J Md. Fazlul Haque J Maico Jute and Bag Corporation.....................Petitioner Vs. Bangladesh Jute Mills Corporation and......llate Division (Civil) Present: Mainur Reza Chowdhury CJ Md. Fazlul Karim J KM Hasan J Md. Fazlul Haque J Maico Jute and Bag Corporation.....................Petitioner Vs. Bangladesh Jute Mills Corporation and others....................Respondents Judgement ..

Category: Alternative Dispute Resolution | Date: 20 Aug, 2002 | Hits: 280

Bux Shipping Line Vs. Bangladesh Water Development Board & others, 2002, 31 CLC (AD)

....alization thereof. The review petition has no merit. Accordingly the same is dismissed. There is no order as to costs. Ed. This Case is also Reported in: 1 ADC (2004) 476.......l Amin J Mohammad Fazlul Karim J KM Hasan J Md. Fazlul Haque J Bux Shipping Line…………………......................Petitioner Vs. Bangladesh Water Development Board & others......Respondents Judgment August ......oner. Abdul Wadud Bhuiyan, Senior Advocate Instructed by Ms. Sufia Ahmed, Advocate-on-Record-For the Respondents. Civil Review Petition No. 27 of 2002. (From the Judgment and Order dated December 12, 2001 passed by the Appellant Division in Civil Appeal No, 195 of 2000...... Md. Ruhul Amin J Mohammad Fazlul Karim J KM Hasan J Md. Fazlul Haque J Bux Shipping Line…………………......................Petitioner Vs. Bangladesh Water Development Board & others......Respondents Judgment ..

Category: Alternative Dispute Resolution | Date: 18 Aug, 2002 | Hits: 217

Antibiotic Stores & ors Vs. Subordinate Judge and Artha Rin Adalat & anr., 2003, 32 CLC (AD).

....matter we do n any substance in the submission of the Counsel for petitioners for our interference impugned judgment of the High Court Division. The petition is dismissed. Ed. ...... conveniently dealt with in writ jurisdiction……………………….(7) Cases Referred to- Sardar Jan‑e‑Alam vs. Arab Bangladesh Bank Ltd and others, 4 BLC (AD) 178; Sultana Jute Mills Ltd. vs. Agrani Bank, 46 DLR (AD)...... Md. Fazlul Karim J KM Hasan J Md. Fazlul Haque J Antibiotic Stores & others .................. Petitioners Vs. Subordinate Judge and Artha Rin Adalat and another…………… Respondents &nbs...... Mainur Reza Chowdhury CJ Md. Fazlul Karim J KM Hasan J Md. Fazlul Haque J Antibiotic Stores & others .................. Petitioners Vs. Subordinate Judge and Artha Rin Adalat and another…………&hellip..

Category: Business or Commercial Law | Date: 12 Aug, 2002 | Hits: 121

Hazerullah Vs. Assistant Commissioner, Board of Management of Abandoned Property & others, 2002, 31 CLC (AD)

.... notice is directed against a trespasser to surrender possession and not under Ordinance No. LIV of 1985. Admittedly, the property was enlisted as abandoned property in the 'Ka' list which means that Government was in possession of the building. Now it appears that after disposal of the previous pro...... Assistant Commissioner, Board of Management of Abandoned Property and others …… Respondents Judgment August 7, 2002. Result: The petition is dismissed. The Constitution of Bangladesh, 1972 Article 102 By way of mandamus enforcement of any legal right or to redres...... Reza Chowdhury CJ Md. Fazlul Karim J KM Hasan J Md. Fazlul Haque J Hazerullah …………Petitioner Vs. Assistant Commissioner, Board of Management of Abandoned Property and others …… Respondents Judgment August 7, 2002. Result: ......vision (Civil) Present: Mainur Reza Chowdhury CJ Md. Fazlul Karim J KM Hasan J Md. Fazlul Haque J Hazerullah …………Petitioner Vs. Assistant Commissioner, Board of Management of Abandoned Property and others …… Responde..

Category: Constitutional Law | Date: 7 Aug, 2002 | Hits: 180

Zilaluddin (Md.) Vs. Secretary, Ministry of Home Affairs & others, 2002, 31 CLC (HCD)

.... Md. Ali Asgar Khan and Mr. Justice Shamsul Huda and their Lordships gave dissenting judgments. Mr. Justice Md. Ali Asgar Khan made the Rule absolute declaring the order dated 30-5-2002 issued by the Government extending the order of detention of the detenu for 3(three) months with effect from 29-6-......slam submits that 'Advisory Board' contemplated in section 9 of the Act has been borrowed from clause (4) of Article 33 of the Constitution of the People's Republic of Bangladesh, which speaks of an Advisory Board consisting of three persons, of whom two shall be pers...... Judgment July 29, 2002 Result: The Rule is made absolute. Lawyers Involved: M Amir-ul Islam, Tania Amir, Dr. Shirin Sharmin Chowdhury, Manzil Murshed and Shamsul Hasan, Advocates- For the Petitioner. Abdur Razzak, Additional Attorney-Genera......scellaneous Jurisdiction) Present: Md. Abdul Wahhab Miah J Zilaluddin (Md.)………………………………..Petitioner Vs. Secretary, Ministry of Home Affairs & others…………Respondents&nbs..

Category: Criminal Law | Date: 29 Jul, 2002 | Hits: 2

Shishir Kanti Pal and others Vs. Nur Muhammad and others, 2002, 31 CLC (AD)

....tried to take lease of the property from the office of the Deputy Commissioner, Noakhali the plaintiffs, were constrained to file the suit. 3. The suit was contested by the defendant No. 1 Government of Bangladesh, Defendant No. 5, Defendant No. 6 and Defendant Nos. 7‑12. 4. T......lease of the property from the office of the Deputy Commissioner, Noakhali the plaintiffs, were constrained to file the suit. 3. The suit was contested by the defendant No. 1 Government of Bangladesh, Defendant No. 5, Defendant No. 6 and Defendant Nos. 7‑12. 4. The case of the...... Court Appellate Division (Civil) Present: Md. Ruhul Amin J Syed JR Mudassir Hussein J Abu Sayeed Ahammed J Shishir Kanti Pal and others…………………… Petitioners Vs. Nur Muhammad and others …�...... Present: Md. Ruhul Amin J Syed JR Mudassir Hussein J Abu Sayeed Ahammed J Shishir Kanti Pal and others…………………… Petitioners Vs. Nur Muhammad and others ……………………. Respondents Judgment ..

Category: Civil Law | Date: 27 Jul, 2002 | Hits: 175

MA Gafur and anr. Vs. Govt. of BD rep. by Sec., Min. of Defence and anr., 2004, 33 CLC (AD)

....on (Civil) Present: Md. Ruhul Amin J Syed JR Mudassir Husain J AS Ahammed J MA Gafur and another..................Petitioners Vs. Government of Bangladesh, represented by the Secretary, Ministry of Defence and another.................il) Present: Md. Ruhul Amin J Syed JR Mudassir Husain J AS Ahammed J MA Gafur and another..................Petitioners Vs. Government of Bangladesh, represented by the Secretary, Ministry of Defence and another............Respondents&n...... Supreme Court Appellate Division (Civil) Present: Md. Ruhul Amin J Syed JR Mudassir Husain J AS Ahammed J MA Gafur and another..................Petitioners Vs. Government of Bangladesh, represented b......late Division (Civil) Present: Md. Ruhul Amin J Syed JR Mudassir Husain J AS Ahammed J MA Gafur and another..................Petitioners Vs. Government of Bangladesh, represented by the Secretary, Ministry of Defence and another..

Category: Administrative Law | Date: 24 Jul, 2002 | Hits: 133

Amir Hossain Vs. Homeland Footwear Ltd. and others, 2002, 31 CLC (HCD)

....meland Footwear Ltd., Plot No.B‑51, BSCIC, Industrial Area, Tongi, Gazipur and also of 28, Dilkusha Commercial Area, Dhaka‑1000, be wound up with immediate effect and the Official Receiver of the Government is hereby appointed as the Official Liquidator of the aforesaid company. The Official Liq...... on the prayer of Mr. Imtiaz Mahmud, Advocate, let the operation of this judgment be stayed for a period of three months from date. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 478. ......ourt High Court Division (Civil Original Jurisdiction) Present: ABM Khairul Haque J Amir Hossain...............................................................Petitioner Vs. Homeland Footwear Ltd. and ors…………………………………………Respondents Judgment ...... ..

Category: Company Law | Date: 21 Jul, 2002 | Hits: 226

BD rep. by the Sec. Min. of Works & ors. Vs. Kazi Ashrafuddin Ahmed, 2003, 32 CLC (AD).

....O. No 16 of 1972), Article 10 The Transfer of Property Act, 1882 (IV of 1882) Section 53A The agreement in question is prior to 25th March 1971 binding on the Government in the same way as upon the original owner but the same may be cancelled, amended or ter...... Supreme Court Appellate Division (Civil) Present: Mainur Reza Chowdhury CJ Md. Fazlul Karim J KM Hasan J Kazi AT Manowaruddin J Bangladesh represented by the Secretary, Ministry of Works and others ........................Petiti......p; Present: Mainur Reza Chowdhury CJ Md. Fazlul Karim J KM Hasan J Kazi AT Manowaruddin J Bangladesh represented by the Secretary, Ministry of Works and others ........................Petitioners Vs. Kazi Ashrafuddin Ahmed................... Md. Fazlul Karim J KM Hasan J Kazi AT Manowaruddin J Bangladesh represented by the Secretary, Ministry of Works and others ........................Petitioners Vs. Kazi Ashrafuddin Ahmed................Respondent Judgment July ..

Category: Property Law | Date: 13 Jul, 2002 | Hits: 89

Ibrahim Ali and ors. Vs. State, 2004, 33 CLC (AD)

....ul Islam Chowdhury. 3 DLR 201: Ali Akbar vs State, 10 DLR 354: Gunjar Mahmmad and another vs Shuruz Ali; (1922) LXIX IC 451 = AIR 1924 Cal 536; Adaikalammai vs Raman, (1909) ILR 32 Madras 90; State Government Madhya Pradesh vs Hifzul Rahman and others, AIR 1952 Nagpur 12 and AIR 1969 Guzrat ......the accused there under. Accordingly, the appeal is allowed. The conviction and the sentence of the appellants under sections 468 and 468/109 of the Penal Code are set aside. Ed. ...... Ed. ......ourt Appellate Division (Criminal) Present: Md. Ruhul Amin J Syed JR Mudassir Hussain J Ibrahim Ali and others.......................Appellant Vs. State ........................... Respondent Judgment July 8, 2002. ..

Category: Criminal Law | Date: 8 Jul, 2002 | Hits: 90

Kamaluddin (Md.) & anr. Vs. Sec., Ministry of Land, Bangladesh and ors., 2004, 33 CLC (AD)

....herwise of the intermediate or ad‑interim orders(s). In the afore state of the matter, we find no substance in this petition. Accordingly, the petition is dismissed. Ed. ......p; Vs. Secretary, Ministry of Land, Bangladesh and others..........Respondents Judgment July 6, 2002. ......ssed. Ed. ...... Vs. Secretary, Ministry of Land, Bangladesh and others..........Respondents ..

Category: Constitutional Law | Date: 6 Jul, 2002 | Hits: 149

Upazila Education Officer & anr. Vs. Tara Miah Akhand & ors., 2004, 33 CLC (AD)

....zuddin Munshi, a registered private school has been running for a long time established in a piece of land under Laxmikanta mouza in plot no. 87 under police station Zazira, District Shariatpur, that Government allotted taka 7,50,000 (seven lac fifty thousand) for consideration of the school buildin......pugned judgment of the High Court Division does not suffer from any legal infirmity for our interference. Accordingly, this petition merits no consideration and it is dismissed. Ed. ...... Present: Md. Ruhul Amin J Syed JR Mudassir Husain J AS Ahammed J Upazila Education Officer & another...............Petitioner Vs. Tara Miah Akhand and others .............Respondents Judgment &n...... Division (Civil) Present: Md. Ruhul Amin J Syed JR Mudassir Husain J AS Ahammed J Upazila Education Officer & another...............Petitioner Vs. Tara Miah Akhand and others .............Respondents Judgment &n..

Category: Civil Law | Date: 3 Jul, 2002 | Hits: 206

Ekushey Television Ltd. and others Vs. Dr. Chowdhury Mahmood Hasan & others, 2002, 31 CLC (AD)

....the original memo of the same date issued by the (Annexure-‘C’) Ministry of Finance, by which the ETV was exempted from paying hourly charge of Taka 1200 or Taka 1800 thus depriving the Government exchequer of a huge amount of money every year. 12. The writ petitioners also cl....... Dr. Chowdhury Mahmood Hasan & others…………………….Petitioners Judgment July 2, 2002. The Constitution of Bangladesh, 1972, Articles 102 and 27 Law requires that subsequent change of terms and...... (Civil) Present: Mainur Reza Chowdhury CJ Md. Ruhul Amin J KM Hasan J Abu Sayeed Ahammed J Kazi AT Monowaruddin J Ekushey Television Ltd. and others…………...………………&hellip......yeed Ahammed J Kazi AT Monowaruddin J Ekushey Television Ltd. and others…………...………………….Petitioners Vs. Dr. Chowdhury Mahmood Hasan & others………………..

Category: Constitutional Law | Date: 2 Jul, 2002 | Hits: 50

Abdul Majid Sarker (Md) Vs. State and others, 2003, 32 CLC (AD).

....ntendent of Naogaon Jail is directed to release the detenu Masuda Khanam (Hasi), daughter of the appellant forthwith and handover her to the custody of her father the appellant. Ed. ......the victim is prima facie below the age of majority she could be allowed to the custody of father, the appellant……(15) Cases Referred to- Mongal Chandra Nandi vs Bangladesh 5 BLT (AD) 1 = 2 BLC (AD) 18; Tarun Karmaker vs State and others 53 DLR 135; Arun K......dhury CJ Mainur Reza Chowdhury J Md. Ruhul Amin J Syed JR Mudassir Hussain J Abdul Majid Sarker (Md) …………Appellant Vs. State and others................ Respondents Judgment June 9, 2002...... M Amin Choudhury CJ Mainur Reza Chowdhury J Md. Ruhul Amin J Syed JR Mudassir Hussain J Abdul Majid Sarker (Md) …………Appellant Vs. State and others................ Respondents Judgment ..

Category: Criminal Law | Date: 9 Jun, 2002 | Hits: 74

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