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Jabed Ali Sheikh (Md) and others Vs. Md. Abdus Sobhan Sheikh and others, 2002, 31 CLC (AD)

....point out any legal infirmity in the same. There is, therefore, no merit in this petition and the same is accordingly dismissed. Ed. This Case is also Reported in: 55 DLR (AD) (2003) 64. ......point out any legal infirmity in the same. There is, therefore, no merit in this petition and the same is accordingly dismissed. Ed. This Case is also Reported in: 55 DLR (AD) (2003) 64. ......s also Reported in: 55 DLR (AD) (2003) 64. ...... 64. ..

Category: Property Law | Date: 30 Apr, 2002 | Hits: 121

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...... 55 DLR (AD) (2003) 90.  ......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..

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. ......ainur Reza Chowdhury J SJR Mudassir Hussain J   Abul Kashem & another..................Petitioners     Vs. Government of Bangla­desh and others..........Respondents   Judgment April 13, 2002.  The ...... (Civil) Present: Mainur Reza Chowdhury J SJR Mudassir Hussain J   Abul Kashem & another..................Petitioners     Vs. Government of Bangla­desh and others..........Respondents   Judgment..

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. ......05) 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. ..

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. ......lso 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...

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. ...... Present:   Mainur Reza Chowdhury J  Syed JR Mudassir Husain J   Aroti Rani Paul ................Appellant  Vs.   Sudarshan Kumar Paul and others ..................Respondents   Judgment  April 1, 2002.  ......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..

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...... (2002) 537.   ...... (Special Original Jurisdiction) Present: Md. Hamidul Haque J Nazmun Ara Sultana J Chowdhury Mahmood Hasan and others…………….Petitioners Vs. Bangladesh and others……………………&helli..

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.   ......LR (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..

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. ......Appellate Division (Civil) 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............. R......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..

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 ..

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. ......s 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..

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 ......hul Amin J   KM Hasan J   Mozibul Huq ... …………Petitioner   Vs.   Chairman, 1st Labour Court and others...............Respondents   Judgment   February 6,......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

State Vs. Abdus Samad @ Samad Ali, 2002, 31 CLC (HCD)

....f the matter, the Reference is rejected and the connected jail appeal is dismissed with the modification of sentence as stated above. Ed. This Case is also Reported in: 54 DLR (2002) 590. ......f the matter, the Reference is rejected and the connected jail appeal is dismissed with the modification of sentence as stated above. Ed. This Case is also Reported in: 54 DLR (2002) 590. ..........Petitioner Vs. Abdus Samad @ Samad Ali……………......Condemned Prisoner Judgment February 2, 2002. Result: The Reference is rejected and the connected jail appeal is dismissed. Cases Referred To- PLD 1960 (WP) Lahore 111; D......n (Criminal Appellate Jurisdiction) Present: Md. Joynul Abedin J Sheikh Rezowan Ali J State……………..........................Petitioner Vs. Abdus Samad @ Samad Ali……………......Condemned Prisoner ..

Category: Criminal Law | Date: 2 Feb, 2002 | Hits: 115

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......hury J Mainur Reza Chowdhury J Md. Fazlul Karim J KM Hasan J Abdul Mannan ......................Petitioner Vs. Bangladesh and others .............Respondents Judgment January 22, 2002. ...... Mahmudul Amin Chowdhury J Mainur Reza Chowdhury J Md. Fazlul Karim J KM Hasan J Abdul Mannan ......................Petitioner Vs. Bangladesh and others .............Respondents Judgment ..

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

Mia Lutfi Hossain Khasru and others Vs. Bangladesh and others, 2003, 32 CLC (AD).

....nother and that without informing the Chairman delimitation was made in violation of section 21 of the Ordinance and that the report of Delimitating Officer which was sent to the Ministry of Local Government and Co-operative was arbitrary and that it was prepared at the instance of some interest......ur Reza Chowdhury J Mohammad Fazlul Karim J KM Hasan J Mia Lutfi Hossain Khasru and others ……………….Petitioner Vs. Bangladesh and others………………………..Resp......Division (Civil) Present: Mahmudul Amin Choudhury CJ Mainur Reza Chowdhury J Mohammad Fazlul Karim J KM Hasan J Mia Lutfi Hossain Khasru and others ……………….Petitioner Vs. Banglades...... Mainur Reza Chowdhury J Mohammad Fazlul Karim J KM Hasan J Mia Lutfi Hossain Khasru and others ……………….Petitioner Vs. Bangladesh and others……………………&h..

Category: Procedural Law | Date: 22 Jan, 2002 | Hits: 122

Moni Begum @ Moni Vs. The State, Represented by the Deputy Commissioner, 2001, 30 CLC (HCD)

....ision No.680 of 2001 (Arising out of petition case No.2261/2000 in the Court of Metropolitan Magistrate, Dhaka) Judgement A. K. Badrul Huq J. — In all democratic countries whose Government is vested in and ultimately controlled by the people the Police are agent of law and they......etropolitan Magistrate, Dhaka. 3. The State, Represented by the Deputy Commissioner, Dhaka.............Opposite Parties AND Alena Akther Khan (a) Alena Khan, Advocate, Supreme Court of Bangladesh (High Court Division) Director Investigation, Bangladesh Society for the Enforcement of H......igh Court Division (Criminal Revisional Jurisdiction) Present: A. K. Badrul Huq J Ms. Mamtazuddin Ahmed J Moni Begum @ Moni, wife of Shahabuddin of 79/A, Satish Sarkar Road, Ganderia, P. S. Sutrapur, Dhaka..............................Petitioner Vs. 1. Mr. Mohammad...... A. K. Badrul Huq J Ms. Mamtazuddin Ahmed J Moni Begum @ Moni, wife of Shahabuddin of 79/A, Satish Sarkar Road, Ganderia, P. S. Sutrapur, Dhaka..............................Petitioner Vs. 1. Mr. Mohammad Shamsur Rahman, Metropolitan Magistrate, Dhaka. 2. The Chief Metropoli..

Category: Constitutional Law, Procedural Law | Date: 11 Dec, 2001 | Hits: 7

KM Obaidur Rahman Vs. State, 2003, 32 CLC (AD).

....shy;- For the Respondent. Mahbubey Alam, Senior Advocate on behalf of Serajul Huq, Senior Advocate, M Farooq Ahmed, Anisul Huq and Mosharraf Hossain, Advocates­- Special appointment by the Government.  Criminal Appeal No. 39 of 2001.  (From judgment and order dated......ithout any excuse and in case of his failure the trial Court will be at liberty to cancel the bail and take the appellant into custody and proceed with the case in accordance with law. Ed. ...... parliament do not have the privilege of not appearing before the court of which he is an accused on bail on the ground that the parliament is in session.  Lawyers Involved:  Khandaker Mahbubuddin Ahmed, Senior Advocate (Mainul Hosein, Advocate with him) instructed Aftab Hossa...... Present: Mahmudul Amin Choudhury CJ Mainur Reza Chowdhury J Md. Ruhul Amin J Md. Fazlul Karim J  KM Obaidur Rahman………Appellant Vs. State …………………………..R..

Category: Criminal Law | Date: 1 Dec, 2001 | Hits: 83

Bangladesh Legal Aid and Services Trust and another Vs. Bangladesh and others, 2001, 30 CLC (HCD)

....t the petitioner No. 2 Alamgir Hossain be set at liberty forthwith if not wanted in connection with any other case. 14. The respondents No. 2 and 4 are directed to instruct the law officers of the Government to take due care in conducting the cases of juvenile offenders under the “The Children ......d in: 22 BLD (HCD) 2002, 206; 7 BLC (2002) HCD, 85. ......02, 206; 7 BLC (2002) HCD, 85. ......urt Division (Special Original Jurisdiction) Present: Shah Abu Nayeem Mominur Rahman J Md. Arayes Uddin J Bangladesh Legal Aid and Services Trust and another...........Petitioners Vs. Bangladesh and others...........Respondents Judgment November 6, 2001. Result: T..

Category: Women and Children | Date: 6 Nov, 2001 | Hits: 75

Hussain Mohammad Ershad Vs. Zahedul Islam Khan and others, 2001, 30 CLC (AD)

....ience of the society in general. None can think of an act of such nature committed by a person who was at relevant time the President of the country which was being run under the Presidential form of Government. In such a form of Government the President was all powerful and having all the executive......de the present petitioner has been disqualified from being a Member of Jatiyo Sangshad in view of the provision of Articles 66(2)(d) and 67(1)(d) of the Constitution of the People’s Republic of Bangladesh and, as such, the present petitioner is not entitled to act or continue as a Member of th...... Mahmudul Amin Choudhury CJ Mainur Reza Chowdhury J Md. Ruhul Amin J Md. Gholam Rabbani J Hussain Mohammad Ershad....................Petitioner Vs. Zahedul Islam Khan and others............. Respondents Judgment August 22, 2001. Result: The appea...... (Civil) Present: Mahmudul Amin Choudhury CJ Mainur Reza Chowdhury J Md. Ruhul Amin J Md. Gholam Rabbani J Hussain Mohammad Ershad....................Petitioner Vs. Zahedul Islam Khan and others............. Respondents Judgment August 22, 2001...

Category: Anti-Corruption Laws | Date: 22 Aug, 2001 | Hits: 111

Islami Bank Bangladesh Ltd. Vs. Md. Habib & ors., 2003, 32 CLC (AD).

....ment and order as aforesaid are set aside. The aforesaid criminal proceedings shall continue against all the accused including the respondent Nos. 1 and 2 in accordance with law.  Ed. ......late Division (Criminal)  Present: Mahmudul Amin Choudhury CJ Mainur Reza Chowdhury J Md. Gholam Rabbani J Md. Ruhul Amin J  Islami Bank Bangladesh Ltd...............Appellant Vs. Md. Habib and others......Respondents ......mudul Amin Choudhury CJ Mainur Reza Chowdhury J Md. Gholam Rabbani J Md. Ruhul Amin J  Islami Bank Bangladesh Ltd...............Appellant Vs. Md. Habib and others......Respondents  Judgement August 22, 2001. ......resent: Mahmudul Amin Choudhury CJ Mainur Reza Chowdhury J Md. Gholam Rabbani J Md. Ruhul Amin J  Islami Bank Bangladesh Ltd...............Appellant Vs. Md. Habib and others......Respondents  Judgement August 22, 2001. ..

Category: Criminal Law | Date: 22 Aug, 2001 | Hits: 95