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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. ...... ...... 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. ..

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...... 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 ...... Court Division. The petition is dismissed.   Ed. ..

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. ......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. ......under sections 468 and 468/109 of the Penal Code are set aside.  Ed. ..

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. ......                                 Vs. Secretary, Ministry of Land, Bangladesh and others..........Respondents   ...... matter, we find no substance in this petition.  Accordingly, the petition is dismissed. Ed. ..

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. ...... 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......our interference. Accordingly, this petition merits no consideration and it is dismissed.  Ed. ..

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......yeed Ahammed J Kazi AT Monowaruddin J Ekushey Television Ltd. and others…………...………………….Petitioners Vs. Dr. Chowdhury Mahmood Hasan & others………………......smissed. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 130.  ..

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...... 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 ......the appellant. Ed. ..

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

State Vs. Chief Editor, Manabjamin and others, 2002, 31 CLC (HCD)_Part One

....987) LRC 180, Valente Vs. The Queen (1985) 2 SCR 673 at pp 685, 687, Re Amendment of the Constitution of Canada (1981) 125 DLR (3rd) 1, Reyder Vs. Foley (1906) 4 CLR 422, Commercial Cable Company Vs. Government of Newfoundland, (1916) 2 AC 610, British Coal Corporation Vs. The King (1935) AC 500, Ro......en example of his highest respect to the independence of the judiciary is the judgment of the Appellate Division by which his decision of setting up of five High Court Divisions in different areas of Bangladesh was knocked down and he as a law abiding citizen being the President of the country bowed......inal Miscellaneous Jurisdiction) Present: Syed Amirul Islam J AKM Shafiuddin J State………………..............................Petitioner Vs. Chief Editor, Manabjamin and others ....................Opposite Parties Judgment ...... MK Rahman, Awsafur Rahman, Sheela R Rahman, Adilur Rahman Khan, Nihad Kabir and Asaduzzaman, Advocates-For Daily Manabjamin and Daily Sangbad, the contemner-opposite parties. Mainul Hosein with Md. Azizul Haque, Md Mozzammel Haque, Iqbal Malik, Manzur Kadir and Shamim-ul Alam, Advocates-For Da..

Category: Contempt of Court Law, Criminal Law | Date: 20 May, 2002 | Hits: 201

Government of Bangladesh and another Vs. Golam Rabbani and others, 2003, 32 CLC (AD)

.... is also Reported in:  55 DLR (AD) (2003) 90.  ...................Petitioners Vs. Golam Rabbani and others ……...........................................Respondents Judgment April 22, 2002. Result: The Petition is dismissed. The Bangladesh Abandoned Property (Control, Management & Disposal) Order, 1972 (P.O. 16 of 1972), Ar......late Division (Civil) Present: Mahmudul Amin Choudhury CJ Md. Ruhul Amin J KM Hasan J AS Ahammed J Government of Bangla­desh and another ..........................Petitioners Vs. Golam Rabbani and others ……...........................................Respondents Judg......h will be decided in the suit. Ed. This Case is also Reported in:  55 DLR (AD) (2003) 90.  ..

Category: Property Law | Date: 22 Apr, 2002 | Hits: 107

Abul Kashem & anr. Vs. Govt. of BD and ors., 2004, 33 CLC (AD)

....vil) Present: Mainur Reza Chowdhury J SJR Mudassir Hussain J   Abul Kashem & another..................Petitioners     Vs. Government of Bangla­desh and others..........Respondents   Judgment Apr......herefore discharged the Rule.  5. We do not find any illegality or infirmity in the judgment of the High Court Division.  The petition is therefore, dismissed.  Ed. ...... (Civil) Present: Mainur Reza Chowdhury J SJR Mudassir Hussain J   Abul Kashem & another..................Petitioners     Vs. Government of Bangla­desh and others..........Respondents   Judgment......herefore discharged the Rule.  5. We do not find any illegality or infirmity in the judgment of the High Court Division.  The petition is therefore, dismissed.  Ed. ..

Category: Procedural Law | Date: 13 Apr, 2002 | Hits: 133

Gouri Das and ors. Vs. ABM Hasan Kabir and others, 2003, 32 CLC (AD).

....death of Baroda Prosad Das, he had been possessing the suit property for more than the statutory period of limitation and acquired an indefeasible non-agricultural tenancy right. 11. The Government as defendant in Title Suit Nos. 171 of 1985 and 133 of 1981 appeared and claimed that the......urt Division is not correct inference. In view of the above, the appeals are dismissed without any order as to cost. Ed. This Case is also Reported in: II ADC (2005) 449, 635. ......llate Division (Civil) Present: Mahmudul Amin Chowdhury CJ Ruhul Amin J KM Hasan J AS Ahmmed J Gouri Das and ors............... Appellants Vs. ABM Hasan Kabir and others …Respondents Judgement April 9, 2002. ...... Khandker Mahbubuddin Ahmed, Senior Advocate, Instructed by Sharif Uddin Chaklader, Advocate‑on­ Record‑For the Appellants. Mahmudul Islam, Senior Advocate, instructed by Md. Aftab Hossain, Advocate‑on‑Record‑For Respondent Nos. 1 and 3. Respondent Nos. 1â..

Category: Tenancy Law | Date: 9 Apr, 2002 | Hits: 148

Ali Ahmed and others Vs. Government of Bangladesh and others, 2002, 31 CLC (AD)

.... Appellate Division (Civil) Present: Mahmudul Amin Choudhury CJ Md Ruhul Amin J KM Hasan J AS Ahammed J Ali Ahmed and others.......................Petitioners Vs. Government of Ban­gladesh and others............Respondents Judgment April 8, 2002. Resu...... liable to be released even if it remains unutilised by the requiring body. In view of the above, the leave petition is dismissed. Ed. This Case is also Reported in: 55 DLR (AD) (2003) 92. ......Court Appellate Division (Civil) Present: Mahmudul Amin Choudhury CJ Md Ruhul Amin J KM Hasan J AS Ahammed J Ali Ahmed and others.......................Petitioners Vs. Government of Ban­gladesh and others............Respondents Judgment April 8, 2002.......ered to the requiring body on payment of compensation the requisitioned land is not liable to be released even if it remains unutilised by the requiring body………...(4) Lawyers Involved: Md. Nawab Ali, Advocate‑on‑Record‑For the Petitioners. Not represented‑the Respondents. ..

Category: Property Law | Date: 8 Apr, 2002 | Hits: 84

Aroti Rani Paul Vs. Sudarshan Kumar Paul and others, 2002, 31 CLC (AD)

....ed Counsel has further argued that the suit property cannot be declared as enemy property in the year 1976 in view of the provisions of Ordinance No. 1 of 1969 and lack of evidence on the side of the Government as to possession of the suit land by government as enemy property prior to 'Ekhsona' leas......operty as vested property is illegal, void and not binding upon the plaintiff.   3. Plaintiffs case, inter alia, is that her father Upendra Nath Paul and her uncle Nripendra Nath Pual being Bangladeshi citizens were the recorded owners of the suit property under both in RS and SA Khatian. ......te Division  (Civil)   Present:   Mainur Reza Chowdhury J  Syed JR Mudassir Husain J   Aroti Rani Paul ................Appellant  Vs.   Sudarshan Kumar Paul and others ..................Respondents   Judgm......indings and decisions of the High Court Division and consequently the appeal is allowed without any order as to cost.   Ed.  This Case is also Reported in: 56 DLR (AD) 73.  ..

Category: Family Law | Date: 1 Apr, 2002 | Hits: 181

Chowdhury Mahmood Hasan and others Vs. Bangladesh and others, 2002, 31 CLC (HCD)

....r hour but on a representation of Mr. Abu Sayed Mahmud, Chairman of ETV the Finance Minister deleted the condition of charging Taka 1200 per hour. The petitioners claim that due to such an action the Government has been deprived of huge amount each year. The petitioners also claim that Mr. AS Mahmud......cial Original Jurisdiction) Present: Md. Hamidul Haque J Nazmun Ara Sultana J Chowdhury Mahmood Hasan and others…………….Petitioners Vs. Bangladesh and others………………………&hellip...... (Special Original Jurisdiction) Present: Md. Hamidul Haque J Nazmun Ara Sultana J Chowdhury Mahmood Hasan and others…………….Petitioners Vs. Bangladesh and others……………………&helli......ayed for ten days. Ed. This Case is also Reported in: 54 DLR (HCD) (2002) 537.   ..

Category: Information Technology Law | Date: 27 Mar, 2002 | Hits: 7

Mahmood Alam (Md.) and another Vs. Moklesur Rahman Bhuiya, 2002, 31 CLC (HCD)

....e decree. Various suits instituted earlier for cancellation of the compromise decree failed. Defendant Nos. 3 to 5 claimed through successive purchases from the said owner, while defendant No. 6, the Government, claimed to have requisitioned the suit property on 23-7-47 and allotted it to class-IV e......ed judgment and decree affirming those of the trial Court are hereby confirmed. Send down the records at once. Ed. This Case is also Reported in: 54 DLR (HCD) (2002) 523.   ......sion (Civil Revisional Jurisdiction) Present: Abdur Rashid J Hasan F Siddique J Mahmood Alam (Md.) and another……………..Petitioners Vs. Moklesur Rahman Bhuiya……………………&hell...... 54 DLR (HCD) (2002) 523.   ..

Category: Property Law | Date: 27 Mar, 2002 | Hits: 4

Raj Unnayan Kartripakshya (RAJUK), Dhk. & ors. Vs. Water Front Apt. Ltd. and ors., 2004, 33 CLC (AD)

.... Rule issued by the High Court Division had become infructuous in view of the order of the said appeal committee on 7‑9‑1998. The petitioner's further case is that, as per decision of the Government for extension of Gulshan Model Town the entire land of Plot No. 360 measuring 3.01 acres ......nsel for the petitioners. We find no illegality is committed in the judgment of the High Court Division calling for our interference. Therefore, the leave petition is dismissed. Ed. ......Present: M Amin Chowdhury CJ Md Ruhul Amin J KM Hasan J AS Ahammed J  Rajdhani Unnayan Kartripakshya (RAJUK), Dhaka and others ...........Petitioners Vs. Water Front Apartment Ltd and ors............. Respondents   Judgment&nb......nsel for the petitioners. We find no illegality is committed in the judgment of the High Court Division calling for our interference. Therefore, the leave petition is dismissed. Ed. ..

Category: Property Law | Date: 9 Mar, 2002 | Hits: 1202

Bangladesh and others Vs. Eastern Beverage Industries Ltd. & another, 2004, 33 CLC (AD)

....actory and actual production for realisation of the revenue in the different beverage producing factories in the country High Court Division fell in error of law in passing the impugned judgment; the Government being empowered to constitute the standing Tribunal under section 3(6) of the Act High Co......7) 153. ......hmudul Amin Chowdhury CJ Mainur Reza Chowdhury J Md. Ruhul Amin J Mohammad Fazlul Karim J Bangladesh and others ..................................................Appellants Vs. Eastern Beverage Industries Ltd and another ................................Respondents ...... This Case is also Reported in: 56 DLR (AD) (1997) 153. ..

Category: Fiscal/Taxation Law | Date: 13 Feb, 2002 | Hits: 161

KZ Alam and others Vs. Secretary, Ministry of Housing and Public Works and others, 2002, 31 CLC (HCD)

.... yds of land and 2 storied building standing thereon within 2(two) months from the date of receipt of the copy of this judgment Ed. This Case is also Reported in: 54 DLR (HCD) (2002) 451. ...... yds of land and 2 storied building standing thereon within 2(two) months from the date of receipt of the copy of this judgment Ed. This Case is also Reported in: 54 DLR (HCD) (2002) 451. ......t High Court Division (Special Original Jurisdiction) Present: Md. Abdul Matin J Md. Marzi-ul Huq J KZ Alam and others………….Petitioners Vs. Secretary, Ministry of Housing and Public Works and others….……&hellip......pt of the copy of this judgment Ed. This Case is also Reported in: 54 DLR (HCD) (2002) 451. ..

Category: Property Law | Date: 12 Feb, 2002 | Hits: 28

Mozibul Huq Vs. Chairman, 1st Labour Court and others, 2003, 32 CLC (AD).

....so summarily rejected.   3. The petitioner's learned Advocate submits that the High Court Division erred in construing that the provisions of Industrial Relations Ordinance and the Government Servants (Discipline and Appeal) Rules, 1985 are not applicable. He further submits that ......gainst the judgment and order dated 7‑3­1999 passed by a Division Bench of the High Court Division in Writ Petition No. 738 of 1999.   2. The petitioner is an employee of Bangladesh Railway who was appointed as a substitute on 26‑1‑1987. An agreement between ......hmudul Amin Choudhury CJ   Md. Ruhul Amin J   KM Hasan J   Mozibul Huq ... …………Petitioner   Vs.   Chairman, 1st Labour Court and others...............Respondents &nb.......  ..

Category: Administrative Law | Date: 6 Feb, 2002 | Hits: 123

Abdul Mannan Vs. Bangladesh and others, 2003, 32 CLC (AD).

....o another and that without informing the Chairman delimitation was made in violation of section 21 of the Ordinance and that the report of Delimitation Officer which was sent to the Ministry of Local Government and Co‑operatives was arbitrary and that it was prepared at the instance of some intere...... Amin Chowdhury J Mainur Reza Chowdhury J Md. Fazlul Karim J KM Hasan J Abdul Mannan ......................Petitioner Vs. Bangladesh and others .............Respondents Judgment January 22...... Mahmudul Amin Chowdhury J Mainur Reza Chowdhury J Md. Fazlul Karim J KM Hasan J Abdul Mannan ......................Petitioner Vs. Bangladesh and others .............Respondents Judgment ...... 55 DLR (AD) (2003) 143. ..

Category: Election Law | Date: 22 Jan, 2002 | Hits: 109