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Sankar Gopal Chatterjee & others Vs. Additional Commi­ssioner, Dhaka Division & others, 1989, 18 CLC (HCD)

....Habibul Islam-Bhuiyan, Advocate - For Respondent No.3. Writ Petition No. 179 of 1986. Judgment Mustafa Kamal J.- This Rule Nisi obtained under Article 102 of the Constitution of the People's Republic of Bangladesh calls upon the respondents to show cause as to why the order dated 16.12.85 p......t lawful authority and that those are of no legal effect. The Rule is accordingly made absolute but without any order as to costs. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 326. ..

Category: Property Law | Date: | Hits: 116

Secretary, Ministry of Public Works Vs. Court of Settlement (1st Court) Bangladesh Abandoned Buildings, 1998, 17 CLC (HCD)

.... 1 & 2 section) of 1987 passed by respondent No.1 Annexure-A should not be declared to have been made without lawful authority and is of no legal effect. 2. The Government of the People’s Republic of Bangladesh represented by the Secretary, Ministry of Public Works filed the application ......r alia, that the case holding (refugee holding) was allotted on 6-6-61 and leased out on 12-8-61 to the respondent No.2 Md. Shukur followed by delivery of possession on 30-1-1961 by the Government of Pakistan subject to usual terms and conditions laid down in the lease deed. The respondent No.2 had ..

Category: Property Law | Date: | Hits: 102

Shah Alam Vs. Shah-Newaz-Ebne Mostaque and others, 1999, 18 CLC (HCD)

.... hereby set aside. Stay granted earlier by this Court is hereby vacated. Send down the lower Court records at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 390. ......o.70 of 1964 in the Court of the Senior Assistant Judge (then Munsif), Cox’s Bazar. Defendant-appellants 1-3 preferred Second Appeal No.583 of 1964/Civil Rule No.213(S) of 1964 before the then East Pakistan High Court and the High Court was pleased to stay all further proceedings of other Executio..

Category: Property Law | Date: | Hits: 94

Abdul Mannan Khan Vs. Government of the Peo­ple's Republic of Bangla­desh & others, 1990, 19 CLC (HCD)

....(Special Original Jurisdiction) Present: Mohammad Abdur Rouf J Badrul Is­lam Chowdhury J Abdul Mannan Khan.............................Petitioner Vs. Government of the Peo­ple's Republic of Bangla­desh & others...............Respondents Judgment February 17, 1990. ...... Mills Co. Ltd. Vs. State of Gujarat & others; AIR 1981 (SC) 2138, R.K. Carg Vs. Union of India and others; 9 DLR (SC) 21, Jibendra Kishore Acharya Chowdhury and others Vs. The Prov­ince of East Pakistan and others; 33 DLR (AD) 201 (para 29), Dr. Nurul Islam Vs. Bangladesh and others; 41 DLR (A..

Category: Election Law | Date: | Hits: 391

Abdus Samad Miah and another Vs. Bangladesh Government & others, 2010, 39 CLC (HCD)

....িটর উঃ স্কেল-৪/৯৭-১৫৯ to upgrade the scale of Auditor (AG) from Taka 2250-4735 to 2550-5505. The notification was issued by the order of the President of the People's Republic of Bangladesh. Pursuant to the above notification while the scale of the Auditor (AG) Minis......scussion we are of the view that writ petition is not maintainable. In the result, the rule is discharged with no order as to costs. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 458...

Category: Administrative Law | Date: | Hits: 421

Tarique Rahman Vs. Government of Bangladesh and others, 2010, 39 CLC (HCD)

...., Assistant Attorney-General - For Respondent Nos.1-2. Writ Petition No. 6286 of 2010. Judgment SM Emdadul Hoque J.- In this application under Article 102 of the Constitution of the People's Republic of Bangladesh, a Rule Nisi was issued on the following terms: "Let a Rule Nisi be issued...... Laundering Prevention Act, 2009 cannot be treated as ex-post facto law and that similar provision has also been incorporated in the constitutions of the different countries like Canada, India, Iran, Pakistan, Sweden, South Africa and USA. 11. Mr. Rafique-ul Huq, learned Advocate for the petition..

Category: Criminal Law | Date: | Hits: 112

Abdul Quayum Vs. International Finance Investment and Commerce Bank Ltd. and others, 2010, 39 CLC (HCD)

....used who was a Manager of the IFIC Bank and the Complainant who is an officer of the Bank are public ser­vants; as it is a Banking Company whose 49% shares are held by the Government of the People's Republic of Bangladesh. So both the complainant and the accused are public ser­vants. Section 110 o......t, Dhaka in Title suit No.83 of 2007 rejecting the plaint of the suit is maintained and upheld. Send down the lower Court records. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 359. ..

Category: Employment/Service Law | Date: | Hits: 175

Md. Fazlur Rahman & others Vs. Government of the People's Republic of Bangladesh & others, 1989, 18 CLC (HCD)

....ench) (Special Original Jurisdiction) Present: Mustafa Kamal J Nurul Huque Bhuiyan J Md. Fazlur Rahman & others…………………Petitioners Vs. Government of the People's Republic of Bangladesh repre­sented by the Secretary, Mini­stry of Home Affairs, Dhaka & other...... service cannot be sustained. In the result, the Rule in all the Writ petitions are made absolute but without any order as to costs. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 459...

Category: Others | Date: | Hits: 167

Anwar Ali Vs. State, 1987, 16 CLC (HCD)

....ction. 16(3) read with section 16(I) (a) of the Special Powers Act. He may be set at liberty at once if not wanted in any other case. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 450. ......spection and Evaluation Department, Dhaka, P.W.2 Ashim Ku­mar Kundu (a witness of seizure list Ext.7 of docu­ments executed by the original borrowers in favour of the Industrial Development Bank of Pakistan), tendered witness P.W.3 Rafiqul Hasan, examined P.W.4 Sayed Kabir Hossain, Sheristadar of ..

Category: Criminal Law | Date: | Hits: 108

Daulatpur Traders & Co. Ltd. Vs. Eastern Federal Union Insurance Co. Ltd. & another, 1989, 18 CLC (HCD)

....lt all the three appeals are dis­missed but in the facts and circumstances of the case we direct the parties to bear their own costs. Ed. This Case is also Reported in: 42 DLR (HD) (1990) 125. ...... the appellant Daulatpur Traders and Co. Ltd. at Daulatpur, Khulna the appellant preferred claims with its insurers the then Eastern Federal Union In­surance Co. Ltd., Adamjee Insurance Co. Ltd. and Pakistan General Insurance Co. Ltd. alleging that the appellant had suffered loss due to the alleged..

Category: Business or Commercial Law | Date: | Hits: 290

Emdadul Hoque Miah Vs. People's Republic of Bangladesh, 1989, 18 CLC (HCD)

....gpur Bench) (Special Original Jurisdiction) Present: Syed Misbahuddin Hossain J Habibur Rahman Khan J Emdadul Hoque Miah............................Petitioner Vs. The People's Republic of Bangladesh............Respondents Judgment June 26, 1989. Result: The Rul......ted 17.10.87 is illegal and has been made without any lawful authority and is of no legal effect. There will be no order as to cost. Ed. This Case is also Reported in: 42 DLR (HD) (1990) 110...

Category: Others | Date: | Hits: 175

Saleem Ullah Vs. Md. Abdur Rouf, Chief Election Commissioner of Bangladesh Election Commission and others, 1995, 24 CLC (HCD)

....adesh and also his authority in holding the office of the Chief Election Commissioner of Bangladesh at the same time, a substantive question of law as to the interpretation of the constitution of the Republic has arisen. The learned Advocate submitted that the petitioner has raised the question whic...... of a lager Bench is refused. Let the matter be fixed for hearing on 8.6.95 at the top of the list subject to part heard, if any. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 144. ..

Category: Procedural Law | Date: | Hits: 136

Abdus Samad Azad and others Vs. Bangladesh and others, 1992, 21 CLC (HCD)

....her as they arose out of the same subject‑matter and the cause of action in this matter are similar. 2. The petitioner in those petitions under Article 102 of the Constitution of the People's Republic of Bangladesh moved by Abdus Samad Azad and 6 other Members of the Parliament namely, Suran......1991 having not been before this Court, the impugned Ordinance having been withdrawn, that petition is disposed of accordingly. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 354. ..

Category: Constitutional Law | Date: | Hits: 414

SM Shafiul Azam and others Vs. Director of Labour and others, 1991, 20 CLC (HCD)

....ney General ‑ For Respondent Nos. 1 & 5. Writ Petition No.1781 of 1990. Judgment Md. Badruzzaman J.- On an application under Article 102 of the Constitution of the People’s Republic of Bangladesh, a Rule Nisi was issued on 15.8.90 calling upon the respondents to show cam a...... effect. Let the order passed by this court earlier staying the further proceeding of criminal case No.10 of 1990 be vacated. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 582...

Category: Labour and Industrial Law | Date: | Hits: 176

Shamsur Rahman alias Shamsu Moral and another Vs. State, 1998, 27 CLC (HCD)

....tadbirkar of the case is an illiterate village person having little knowledge about the proceeding of the Court. He states that as the appellant wanted to seek mercy to the Hon’ble President of the Republic they did not proceed with the appeal and accordingly, the same was dismissed for non-prosec......tion 561A of the CrPC for the ends of justice. Accordingly, we do not find any merit in this application. And hence, it is rejected. Ed. This Case is also Reported in: 51 DLR (1999) (HCD) 338...

Category: Criminal Law | Date: | Hits: 91

Hyundai Corporation Vs. Deputy Commissioner of Taxes, Dhaka and another, 1999, 18 CLC (HCD)

....m time to time. It is also the case of the petitioner that subsequent to setting up of the liaison office of the petitioner in Dhaka, Bangladesh, a convention between the Government of the People’s Republic of Bangladesh and the People’s Republic of Korea was prepared and signed for avoiding of ......n is not assessable in Bangladesh for the reasons as aforesaid the order of attachment is found to be illegal and without jurisdiction. Ed. This Case is also Reported in: 51 DLR (1999) (HCD) 333...

Category: Fiscal/Taxation Law | Date: | Hits: 254

Bangladesh Beverage Industries Ltd. Vs. Rowshan Akhter and others, 2010, 39 CLC (HCD)

....orthern Ireland Road Transport Board, (1942) AC 509; Beard Vs. London General Omnibus Co. (1900) 2 QB 530; Serajul Islam Chowdhury Vs. Md. Jainal Abedin, 49 DLR (AD) 164; Government of the People’s Republic of Bangladesh Vs. Hosne Ara Begum, 49 DLR (AD) 127; Smt. Kamla Devi Vs. Kishanchand, AIR 19......ucation as education makes a man a bit responsible. Communicate this order at once. Send down the lower Court records at once. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 483. ..

Category: Civil Law | Date: | Hits: 339

Bangladesh Environment Lawyers Association (BELA) Vs. Bangladesh, 2010, 39 CLC (HCD)

....med, Advocate - For the Respondent No.4. Writ Petition No. 4795 of 2009. Judgment Md. Azizul Haque J.- This Rule Nisi, on an application under Article 102 of the Constitution of the People's Republic of Bangladesh, was issued calling upon the Respondents to show cause as to why they should ......he injunction order granted earlier by this Court stands vacated. Communicate this Judgment and order to the respondents accordingly. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 463. ..

Category: Environmental Law | Date: | Hits: 1019

Gura Miah and others Vs. Fazar Ali and others, 1988, 17 CLC (HCD)

....me and the proceeding under section 145 of the Code of Criminal Procedure is hereby dropped. In the result the Rule is made absolute. Ed. This Case is also Reported in: 42 DLR (HD) (1990) 70.......d­ed in this section is no longer called for and the proceeding should be put an end to." His Lordship while making the aforesaid obser­vation finds support from the decision of Supreme Court of Pakistan in the case of Malik Mansoor Elahi Vs. Lala Bishmbar Das reported in 16 DLR (SC) 246. It ha..

Category: Criminal Law | Date: | Hits: 126

Ehsanul Hoque Vs. General Manager, Agrani Bank, 1989, 18 CLC (HCD)

....ustice. So far as the princi­ple of second show cause notice is concerned, this was a Constitutional protection under the suspended Constitution available to persons holding any Civil Post under the Republic and not to any employee of any Statutory Authority in the absence of any provision to that ......ed, the question of amendment of the plaint does not arise. Hence the connected rule is also dis­charged without any order as to cost. Ed. This Case is also Reported in: 42 DLR (HD) (1990) 60. ..

Category: Employment/Service Law | Date: | Hits: 175