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AK Fazlul Hoque Vs. Secretary, Ministry of Housing and Works and others, 2005, 34 CLC (HCD)

....o No.অম/অবি/বিধি/পেনশন/à§©-পি-২৬/৯৪/à§§à§­ dated 1‑6‑1994 issued by Finance Division of the Ministry of Finance, Government of the People's Republic of Bangladesh, within 21 days from the date of receipt of the order. 3. No one appears to contest ......law but without response and for such inaction on the part of the respondents the writ petitioner has suffered loss and injury both financially and socially. The Executive Engineer, Dhaka Division 2, National Housing and Settlement Division 2, Mohammadpur, Dhaka by Memo No.E­-19/360/1(2)/Dha Dhe......ed initially, and to submit affidavit of compliance as to service to this Court within two weeks. Ed. This Case is also Reported in: 57 DLR (2005) 725.       ....................Petitioner Vs. Secretary, Ministry of Housing and Works and others..............Respondents Judgment March 8, 2005. Result: The Rule is made absolute. Lawyers Involved: Fouzia Karim, Advocate- For the Petitioner No one appears- For the Respo..

Category: Employment/Service Law | Date: 8 Mar, 2005 | Hits: 2

Mizanur Rahman (Md.) Vs. Commissioner of Customs and others, 2005, 34 CLC (HCD)

....ed to assess the consignment in question on the basis of the invoice price in accordance with law. There will be no order as to cost. Ed. This Case is also Reported in: 57 DLR (2005) 510. ......ed to assess the consignment in question on the basis of the invoice price in accordance with law. There will be no order as to cost. Ed. This Case is also Reported in: 57 DLR (2005) 510. ......ed to assess the consignment in question on the basis of the invoice price in accordance with law. There will be no order as to cost. Ed. This Case is also Reported in: 57 DLR (2005) 510. ....................................Petitioner Vs. Commissioner of Customs and others...............Respondents Judgment March 6, 2005. Result: The Rule is made absolute. Lawyers Involved: Golam Mohiuddin, Advocate‑ For the Petitioner. Nahid Mahtab, Assistant..

Category: Fiscal/Taxation Law | Date: 6 Mar, 2005 | Hits: 1

Hazi Md Hossain @ Md Aowlad Hossain and others VS. Obaidul Haque & others, 2005, 34 CLC (AD)

.....................Appellants Vs. Obaidul Haque and others... ..................Respondents  Judgment March 6, 2005. The Constitution of the People's Republic of Bangladesh, 1972, Article 111 Application of a judicial precedent in deciding a case-  .......  21. In the background of the discussions made hereinabove we find merit in the appeal.  Accordingly, the appeal is allowed. There is no order as to cost. Ed. .......  21. In the background of the discussions made hereinabove we find merit in the appeal.  Accordingly, the appeal is allowed. There is no order as to cost. Ed. ......Ahmed vs. Rezia Begum and others 1986 BLD 326, Fahim Ali Haque (Minor) vs. Md Abdul Aziz 43 DLR 226 and 3 BLC (AD) 78; South Asia Shipping Ltd vs. 'MV Tony Best' and others 46 DLR 226.  Lawyers Involved: Md. Fazlul Karim, Senior Advocate, instructed by Md. Nawab Ali Advocate-o..

Category: Civil Law | Date: 6 Mar, 2005 | Hits: 308

Secretary, Rahmat-E-Alam Islam Mission and Etimkhane No.1 Railgate Tejgaon, Dhaka Vs. Md. Safiqul Huq and others, 2005, 34 CLC (HCD)

....es Judgment February 23, 2005. Result: The rules are discharged. Cases Referred to- Md. Ibrahim Vs. Md. Alauddin and others, 27 DLR 413; M/s. Dulichand Omaraolal Vs. Bangladesh, through the secre­tary, Ministry of Industries and others, 33 DLR (AD) 30; Enemy propÂ...... both the aforesaid rules. Both the rules are therefore discharged without any order as to costs. Send down the L.C.R. Ed. This Case is also Reported in: 26 BLD (HCD) (2007) 75. ...... both the aforesaid rules. Both the rules are therefore discharged without any order as to costs. Send down the L.C.R. Ed. This Case is also Reported in: 26 BLD (HCD) (2007) 75. ......Dulichand Omaraolal Vs. Bangladesh, through the secre­tary, Ministry of Industries and others, 33 DLR (AD) 30; Enemy prop­erty Management Board and others Vs. Abdul Rashid, 27 DLR (AD) 52. Lawyers Involved: Dr. Rafiqur Rahman, Advocate-For the Petitioner (In Civil Revision No.2974 o..

Category: Property Law | Date: 23 Feb, 2005 | Hits: 5

M/s. Shanker Kumar Das Vs. Government of Bangladesh and 6 others, 2005, 34 CLC (HCD)

.... Jurisdiction) Present: ABM Khairul Haque J ATM Fazle Kabir J M/s. Shanker Kumar Das………………………………………………………….Petitioner Vs. Government of Bangladesh and 6 others………………………………..Respondents Judgment February 23,......e date of receipt of the copy of this judgment. 17. In the result, this Rule is made absolute but without any order as to costs. Ed. This Case is also Reported in: 27 BLD (HCD) (2007) 185. ......e date of receipt of the copy of this judgment. 17. In the result, this Rule is made absolute but without any order as to costs. Ed. This Case is also Reported in: 27 BLD (HCD) (2007) 185. ......¦â€¦â€¦â€¦â€¦.Petitioner Vs. Government of Bangladesh and 6 others………………………………..Respondents Judgment February 23, 2005. Result: The Rule is made absolute. Lawyers Involved: Mahbubey Alam with Zahirul Alam Babor, Advocates-For the Petitioner. A.H.M. ..

Category: Civil Law | Date: 23 Feb, 2005 | Hits: 31

HBS Association (Pvt.) Ltd. & others Vs. Prof. Shahabuddin Khaled Chowdhury and others, 2005, 34 CLC (AD)

....her two signatories, the company in the year 1995 commenced the project of the aforesaid VIP Tower and opened accounts with different banks at Chittagong namely, Islamic Bank, Chawkbazar Branch, Arab Bangladesh Bank Ltd. CDA Avenue Branch and Al-Arafa Islami Bank, Agrabad Branch and in all the above...... and we find no cogent reason to interfere with the same. Accordingly, the appeal is dismissed. No order as to costs. Ed. This Case is also Reported in: V ADC (2008) 271. ...... and we find no cogent reason to interfere with the same. Accordingly, the appeal is dismissed. No order as to costs. Ed. This Case is also Reported in: V ADC (2008) 271. ......3 at 227; Ebrahimi vs. Westbourne Galleries Ltd. [1972] 2 All ER 492, [1973] AC 360; [1972] 2 All ER 492 at 500; [1973] AC 360 at 379); Re Saul D Harrison and Sons Pic [1995] 1 BCLC 14 at 191. Lawyers Involved: Rokanuddin Mahmud, Senior Advocate, instructed by ASM Khalequzzaman, Advoca..

Category: Company Law | Date: 22 Feb, 2005 | Hits: 364

Government of Bangladesh Vs. Md. Abu Bakar, 2006, 35 CLC (AD)

....ourt Appellate Division (Civil)  Present: Syed J. R. Mudassir Hussain CJ Mohammad Fazlul Karim J Amirul Kabir Chowdhury J  Government of Bangladesh……….....Appellant. Vs. Md. Abu Bakar........................ illegality in the impugned judgment and order. There is, therefore, no substance in this appeal.  15. The appeal is dismissed without any order as to cost.  Ed. ...... illegality in the impugned judgment and order. There is, therefore, no substance in this appeal.  15. The appeal is dismissed without any order as to cost.  Ed. ...... to take disciplinary actions against any Magistrate, exercising judicial function, consultation with the Supreme Court is a must……………….(12) Lawyers Involved:  A. J. Mohammad Ali, Attorney General, instructed by B. Hossain, Advo..

Category: Administrative Law | Date: 16 Feb, 2005 | Hits: 126

Govt. of BD rep. by the Sec., Min. of Establishment Vs. Md. Abu Bakar, 2005, 34 CLC (AD)

.... Ed. ......lotment of a plot to the writ petitioner. 5.  So, there is no cogent reason to interfere with the decision of the High Court Division. The petition is dismissed. Ed. ......lotment of a plot to the writ petitioner. 5.  So, there is no cogent reason to interfere with the decision of the High Court Division. The petition is dismissed. Ed. ......t in accordance with the law without any order of allotment of any plot to the Writ Petitioner. There is no ground to interfere with the order. The Petition is dismissed…….(4) Lawyers Involved: Abdur Razaque Khan, Additional Attorney-General, instructed by B Hossain, ..

Category: Property Law | Date: 16 Feb, 2005 | Hits: 69

Siraj Miah Vs. Mohammad Miah and others, 2005, CLC (HCD)

....t No.91 of 1977 renumbered as Title Suit No.52 of 1986 is hereby upheld. Send down the Lower Courts records at once. Ed. This Case is also Reported in: 57 DLR (2005) 356.   ......t No.91 of 1977 renumbered as Title Suit No.52 of 1986 is hereby upheld. Send down the Lower Courts records at once. Ed. This Case is also Reported in: 57 DLR (2005) 356.   ......t No.91 of 1977 renumbered as Title Suit No.52 of 1986 is hereby upheld. Send down the Lower Courts records at once. Ed. This Case is also Reported in: 57 DLR (2005) 356.   ......ahan Begum and others Vs. Lutfe Ali Chowdhury, 49 DLR (AD) 73; Magu Barma Vs. Bholi Dass, AIR 1914 Cal 331; Sudhir Chandra Shuklabad­hya Vs. Amulya Shuklabadhya and others (unrepor­ted). Lawyers Involved: Md. Nurul Mostafa, Advocate- For the Petitioner. Mohammad Ali Azzam, Adv..

Category: Property Law | Date: 7 Feb, 2005 | Hits: 2

Chairman, Sherpur Paurashava Vs. Md. Jahangir Hossain Chowdhury, 2005, 34 CLC (AD)

....-retainable khas land of the original landlord, we do not find any substance in the submission of the learned Counsel for the petitioner. The petitions are dismissed.  Ed. ......-retainable khas land of the original landlord, we do not find any substance in the submission of the learned Counsel for the petitioner. The petitions are dismissed.  Ed. ......-retainable khas land of the original landlord, we do not find any substance in the submission of the learned Counsel for the petitioner. The petitions are dismissed.  Ed. ......o. 1379 of 1980 could not claim the land on the basis of alleged settlement from the ex-landlord under the provision of section 20 of the State Acquisition and Tenancy Act.     Lawyers Involved:  Md. Fazlul Karim, Senior Advocate (in both the cases) instructed b..

Category: Property Law | Date: 1 Feb, 2005 | Hits: 118

Mustaque Hossain (Md). Vs. Md. Shajahan Miah and another, 2005, 34 CLC (AD)

.... attributed for acceptance of the salami to render the tenant non‑ejectable in accordance with law. The petitions are dismissed. Ed. This Case is also Reported in: 26 BLD (AD) 2006, 105. ...... attributed for acceptance of the salami to render the tenant non‑ejectable in accordance with law. The petitions are dismissed. Ed. This Case is also Reported in: 26 BLD (AD) 2006, 105. ...... attributed for acceptance of the salami to render the tenant non‑ejectable in accordance with law. The petitions are dismissed. Ed. This Case is also Reported in: 26 BLD (AD) 2006, 105. ...... prevent the tenant not liable to be ejected on specific legal ground for the purpose………………….(14) Case referred to: Munshi Amiruddin Ahmed vs. Begum Shamsun Nahar, 48 DLR 21. Lawyers involved: AJ Mohammad Ali, Senior Advocate, instructed by SM Rahman, Advocate‑on‑Reco..

Category: Tenancy Law | Date: 1 Feb, 2005 | Hits: 120

SMAH Ltd SMAH Ltd Vs. Government of Bangladesh and others, 2005, 34 CLC (HCD)

.... Case is also Reported in: 57 DLR (2005) 267.             ......time of issuance of this Rule is hereby recalled and vacated. Ed. This Case is also Reported in: 57 DLR (2005) 267.             ......time of issuance of this Rule is hereby recalled and vacated. Ed. This Case is also Reported in: 57 DLR (2005) 267.             ......ercial Trust of Bangladesh Ltd. and others, 1994 BLD (AD) 72=46 DLR (AD) 83; Brahmanbaria Pourashava Vs. Secretary, Ministry of Land Reforms, Government of Bangladesh and others, 51 DLR (AD) 84. Lawyers Involved: TH Khan with Ramzan Ali Sikder, Advocates‑ For the Petitioner. Khondke..

Category: Property Law | Date: 16 Jan, 2005 | Hits: 7

Monohar Joarder and others Vs. State, 2005, 34 CLC (HCD)

....LC record be sent down to the learned Additional Sessions Judge, 1st Court, Kushtia immediately for information and necessary action. Ed. This Case is also Reported in: 57 DLR (2005) 494. ......LC record be sent down to the learned Additional Sessions Judge, 1st Court, Kushtia immediately for information and necessary action. Ed. This Case is also Reported in: 57 DLR (2005) 494. ......LC record be sent down to the learned Additional Sessions Judge, 1st Court, Kushtia immediately for information and necessary action. Ed. This Case is also Reported in: 57 DLR (2005) 494. ......239; Rafiqul Islam Vs. State, 1993 BLD (AD) 117 = 44 DLR (AD) 264; Abdul Khaleque and others Vs. State, 48 DLR 446; State Vs. Khalilur Rahman, 48 DLR 184; Abdus Samad Vs. State, 44 DLR (AD) 233. Lawyers Involved: Hasan Foez Siddique with Serajul Islam with Farhad Ahmed with Md. Masud Hasan..

Category: Criminal Law | Date: 15 Jan, 2005 | Hits: 3

Barkatullah Khan (Md.) Vs. Government of Bangladesh and others, 2005, 34 CLC (HCD)

....l Original Jurisdiction) Present: Md. Joynul Abedin J Zubayer Rahman Chowdhury J Barkatullah Khan (Md.)......................................Petitioner Vs. Government of Bangladesh and others.................Respondents Judgment January 15, 2005. Result: ......cation and accordingly the same is allowed. 17. Accordingly, the Rule is made absolute. There will be no order as to costs. Ed. This Case is also Reported in: 57 DLR (2005) 302. ......cation and accordingly the same is allowed. 17. Accordingly, the Rule is made absolute. There will be no order as to costs. Ed. This Case is also Reported in: 57 DLR (2005) 302. .............................Petitioner Vs. Government of Bangladesh and others.................Respondents Judgment January 15, 2005. Result: The Rule is made absolute. Lawyers Involved: Mahbubur Rahman with Md. Salahuddin Dolon and Mohammad Abu Taher, Advocates- ..

Category: Employment/Service Law | Date: 15 Jan, 2005 | Hits: 2

Habibullah (Md) Vs. Sher Ali Khan and others, 2005, 34 CLC (AD)

....the discussions made herein above we find merit in the appeal. Accordingly, the appeal is allowed. There is no order as to costs. Ed. This Case is also Reported in: 57 DLR (AD) (2005) 55. ......the discussions made herein above we find merit in the appeal. Accordingly, the appeal is allowed. There is no order as to costs. Ed. This Case is also Reported in: 57 DLR (AD) (2005) 55. ......the discussions made herein above we find merit in the appeal. Accordingly, the appeal is allowed. There is no order as to costs. Ed. This Case is also Reported in: 57 DLR (AD) (2005) 55. ......egal evidence was not left out in making the decision in the case by the courts of fact High Court Division was in serious error in reversing concurrent finding by the courts below…….(15) Lawyers involved: Mahmudul Islam, Senior Advocate, Abdul Quayum, Senior Advocate with him instr..

Category: Civil Law | Date: 15 Jan, 2005 | Hits: 177

Arshed Ali Sikder (Md.) Vs. Gouranga Chandra Shil and others, 2005, 34 CLC (HCD)

.... stands vacated. Send down the lower Court's record and a copy of the judgment and order to the Court concerned. Ed. This Case is also Reported in: 57 DLR (2005) 635.   ...... stands vacated. Send down the lower Court's record and a copy of the judgment and order to the Court concerned. Ed. This Case is also Reported in: 57 DLR (2005) 635.   ...... stands vacated. Send down the lower Court's record and a copy of the judgment and order to the Court concerned. Ed. This Case is also Reported in: 57 DLR (2005) 635.   ......4 BLD (AD) 229; Sova Rani Guha Vs. Abdul Awal Mia and others, 47 DLR (AD) 45; Abul Kashem Howlader Vs. Sultan Ahmed, 9 BLC 333; Chand Biswas Vs. Abdul Khaleque Sheikh and others, 51 DLR (AD) 55. Lawyers Involved: Abdul Quayum, Advocate- For the Petitioner. Dr. Rafiqur Rahman with Joyn..

Category: Property Law | Date: 10 Jan, 2005 | Hits: 2

Afzal Molla (Md.) Vs. Government of Bangladesh & others, 2005, 34 CLC (HCD)

.... High Court Division (Civil Revisional Jurisdiction) Present: Md. Abdul Aziz J Afzal Molla (Md.)...........................................Petitioner Vs. Government of Bangladesh & others.................Opposite Parties­ Judgment January 10, 2005. ......e and the same is liable to be discharged. In the result the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 57 DLR (HCD) (2005) 586.   ......e and the same is liable to be discharged. In the result the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 57 DLR (HCD) (2005) 586.   ......d. Abdul Gafur Pramanik and others, 1994 BLD (AD) 234; Additional Deputy Commissioner (Revenue) and Assistant Custodian, Vested Property, Serajganj Vs. Md. Abdul Majid and others, 2 BLC (AD) 11. Lawyers Involved: Abul Kalam Mainuddin, Advocate‑For the Petitioner. Not represented‑T..

Category: Limitation Law | Date: 10 Jan, 2005 | Hits: 6

Abdur Rahman Sikder (Md.) Vs. Nur Mohammad Khan and others, 2005, 34 CLC (HCD)

....pplication for vacating the stay order is disposed of. Transmit a copy of the judgment and order to the Court below immediately. Ed. This Case is also Reported in: 57 DLR (2005) 239. ......pplication for vacating the stay order is disposed of. Transmit a copy of the judgment and order to the Court below immediately. Ed. This Case is also Reported in: 57 DLR (2005) 239. ......pplication for vacating the stay order is disposed of. Transmit a copy of the judgment and order to the Court below immediately. Ed. This Case is also Reported in: 57 DLR (2005) 239. ......Begum and others, 45 DLR (AD) 31; Nader Ali Sk Vs. State, 35 DLR 180; Abul Basher and another Vs. Hasanuddin Ahmed and others, 51 DLR (AD) 14; Abdul Majid Mondal Vs. State, 4 MLR 191=51 DLR 287. Lawyers Involved: Md. Majibur Rahman, Advocate-For the Petitioner. SM Rezaul Karim with Md..

Category: Criminal Law | Date: 10 Jan, 2005 | Hits: 4

Badar Biswas & others Vs. State, 2005, 34 CLC (HCD)

....ill not allow withdrawal of case mechanically although Government recommended withdrawal. It is also specifically stated that accused-petitioners are closely related to Saifur Rahman, Ex-President of Bangladesh Nationalist Party, Gopalgonj Unit, accused-petitioner No.5 is the full maternal uncle of ......ow withdrawal of case mechanically although Government recommended withdrawal. It is also specifically stated that accused-petitioners are closely related to Saifur Rahman, Ex-President of Bangladesh Nationalist Party, Gopalgonj Unit, accused-petitioner No.5 is the full maternal uncle of said Saifur......imited order of stay for 3 (three) months granted at the time of issuance of the Rule stood vacated for the lapse of time Ed. This Case is also Reported in: 57 DLR (2005) 770.   ......206; Syed Matiur Rahman alias Motiur Rahman Vs. State, 35 DLR (AD) 329; KATM Amanullah Vs. Golam Sultan and others, 36 DLR 131; Altab Hossain Vs. Kabed Ali and others, 1996 BLD 418 = 49 DLR 589. Lawyers involved: Habibul Islam Bhuiyan- For the Petitioners. Md. Shamsul Huda with Md. K..

Category: Criminal Law | Date: 9 Jan, 2005 | Hits: 37

Lal Miah (Hajee) Vs. Nurul Amin and others, 2005, 34 CLC (AD)

....est money of Taka 15,000 paid to the defendant No. 1. The other part of the ordering portion of the judgment of the High Court Division is maintained. There is no order as to cost. Ed. ......est money of Taka 15,000 paid to the defendant No. 1. The other part of the ordering portion of the judgment of the High Court Division is maintained. There is no order as to cost. Ed. ......est money of Taka 15,000 paid to the defendant No. 1. The other part of the ordering portion of the judgment of the High Court Division is maintained. There is no order as to cost. Ed. ......gh and another AIR 1937 PC 230; Shankarlal Narayandas Mundade vs The New Mofussil Co. Ltd. and others AIR 1946 PC 97; Bhup Narain Singh vs Gokul Chand Mahton and others AIR 1934 PC 68.  Lawyers Involved: Mahbubey Alam, Senior Advocate, instructed by Md. Sajjadul Huq, Advocat..

Category: Procedural Law | Date: 5 Jan, 2005 | Hits: 147