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Fakir (Md.) Tariqul Islam Vs. State and others, 1996, 25 CLC (HCD)

....of the Criminal Law Amendment Act, 1958 should be given plain and simple meaning. Requirements of section 6(5) of the said Act is mandatory and a Court or tribunal must obtain prior sanction from the Government for prosecuting a public servant if he continues to be so at the time of taking cognisanc......r of application in the present case. In that view of the matter, we confirm and uphold the impugned orders and discharge the Rule. Ed. This case is also Reported in:49 DLR (HCD) (1997) 419. ......Division (Criminal Revisional Jurisdiction) Present: Mahmudul Amin Choudhury J Md. Joynul Abedin J Fakir (Md.) Tariqul Islam………………….………..Petitioner Vs. State and others…………………………….Opposite Parties Judgment November 20, 1996. Re...... High Court Division (Criminal Revisional Jurisdiction) Present: Mahmudul Amin Choudhury J Md. Joynul Abedin J Fakir (Md.) Tariqul Islam………………….………..Petitioner Vs. State and others…………………………….Opposite Parties Judgment November 20..

Category: Criminal Law | Date: | Hits: 130

Ayesha Khatun Akhtar Vs. Government of Bangladesh and another, 1998, 27 CLC (HCD)

....reme Court High Court Division (Special Original Jurisdiction) Present: Qazi Shafiuddin J Syed JR Mudassir Husain J Ayesha Khatun Akhtar……………………Petitioner Vs. Government of Bangladesh and another……………………Respondents Judgment February 12, ......High Court Division (Special Original Jurisdiction) Present: Qazi Shafiuddin J Syed JR Mudassir Husain J Ayesha Khatun Akhtar……………………Petitioner Vs. Government of Bangladesh and another……………………Respondents Judgment February 12, 1998. Resul......Division (Special Original Jurisdiction) Present: Qazi Shafiuddin J Syed JR Mudassir Husain J Ayesha Khatun Akhtar……………………Petitioner Vs. Government of Bangladesh and another……………………Respondents Judgment February 12, 1998. Result: The R......39. ..

Category: Property Law | Date: | Hits: 71

Abdul Latif Howlader Vs. Additional Deputy Commi­ssioner (Revenue) & others, 1998, 27 CLC (HCD)

....nder Article 102 of the Constitution. In the result, the application is rejected with a cost of Taka 1,000.00 (One thousand) only. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 638. ......titioner Vs. Additional Deputy Commi­ssioner (Revenue) & others.................Respondents Judgment August 4, 1998. Result: The application is rejected. The Constitution of Bangladesh, 1972, Article 102(2)(a)(ii) Wwhere an authority is vested with jurisdiction and in e......espondents Judgment August 4, 1998. Result: The application is rejected. The Constitution of Bangladesh, 1972, Article 102(2)(a)(ii) Wwhere an authority is vested with jurisdiction and in exercise of such jurisdiction it commits mistake such mistake cannot be amenable to judicial ......upreme Court High Court Division (Special Original Jurisdiction) Present: AM Mahmudur Rahman J Md. Muzammel Hossain J Abdul Latif Howlader .............................Petitioner Vs. Additional Deputy Commi­ssioner (Revenue) & others.................Respondents Judgme..

Category: Constitutional Law | Date: | Hits: 222

Bangladesh Vs. Shudhir Chandra Nath, 2011, 40 CLC (HCD)

....ule of the plaint and recovery of khas possession thereto in alternate for awarding a money decree of Taka 10,175.10 being the compensation award for the suit land which has been requisitioned by the Government for fish seed multiplication farm at Khatlal; that the jotes apper­taining to CS Khatian......n the LCR at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 309. ......h Court Division (Civil Revisional Jurisdiction) Present: Siddiqur Rahman Mian J Bangladesh, represented by the DC Bogra……………………………….Petitioner Vs. Shudhir Chandra Nath………………………………..Opposite Parties Judgment March 23, 2011. R......reme Court High Court Division (Civil Revisional Jurisdiction) Present: Siddiqur Rahman Mian J Bangladesh, represented by the DC Bogra……………………………….Petitioner Vs. Shudhir Chandra Nath………………………………..Opposite Parties Judgment Mar..

Category: Procedural Law | Date: | Hits: 111

Mustaq Ahmed Vs. State, 2010, 39 CLC (HCD)

....Biroldakoni, Haluaghat, District Mymensingh be released forthwith, if not wanted in any connection with any other case. 73. We hereby direct the Ministry of Law, Justice and Parliamentary Affairs, Government of Bangladesh, Secretariat, Dhaka to take appropriate measures in accordance with law for......aluaghat, District Mymensingh be released forthwith, if not wanted in any connection with any other case. 73. We hereby direct the Ministry of Law, Justice and Parliamentary Affairs, Government of Bangladesh, Secretariat, Dhaka to take appropriate measures in accordance with law for withdrawal of......aq Ahmed………………………………Appellant Vs. State………………………Respondent-Opposite-Party Judgment March 25, 2010. Result: Criminal Appeal No.190 of 2005 stands allowed. The Penal Code, 1860 (XLV of 1860); ss. 383, 384, 386, 387 The application of s......rt High Court Division (Criminal Appellate Jurisdiction) Present: Syed Md. Dastagir Husain J Zubayer Rahman Chowdhury J Mustaq Ahmed………………………………Appellant Vs. State………………………Respondent-Opposite-Party Judgment March 25, 2010. R..

Category: Criminal Law | Date: | Hits: 62

Nuruzzaman (Md.) and others Vs. Bangladesh and others, 2012, 41 CLC (HCD)

.... practice, there acquired no vest­ed right in the office on the basis of such appointments. Such order of appointments can be cancelled……………………………(24) Cases Referred to- Government of Bangladesh Vs. Md. Selim Reza, 23 BLD (AD) 193; Secretary, State of Karnataka Vs. Umad...... Court Division (Special Original Jurisdiction) Present: Hasan Foez Siddique J Md. Jahangir Hossain J Nuruzzaman (Md.) and others……………………………Petitioners Vs. Bangladesh and others……………………………Respondents Judgment February 28, 2012. ......also Reported in: 64 DLR (HCD) (2012) 406. ...... High Court Division (Special Original Jurisdiction) Present: Hasan Foez Siddique J Md. Jahangir Hossain J Nuruzzaman (Md.) and others……………………………Petitioners Vs. Bangladesh and others……………………………Respondents Judgment February 28,..

Category: Employment/Service Law | Date: | Hits: 148

Al-Haj Abdul Maleque GaziVs. Government of the People's Republic of Bangladesh and others, 2007, 36 CLC (HCD)

.... Syed Abu Kowser Md. Dabirush Shan J Al-Haj Abdul Maleque Gazi, son of late Mohammad Gazi, Village-Mokimabad, Thana Hajigonj, District-Chandpur………………………Petitioner Vs. The Government of the People's Republic of Bangladesh being represented by the Deputy Commissioner, Chan...... Al-Haj Abdul Maleque Gazi, son of late Mohammad Gazi, Village-Mokimabad, Thana Hajigonj, District-Chandpur………………………Petitioner Vs. The Government of the People's Republic of Bangladesh being represented by the Deputy Commissioner, Chandpur and others……………………......l Original Jurisdiction) Present: Mir Hashmat Ali J Syed Abu Kowser Md. Dabirush Shan J Al-Haj Abdul Maleque Gazi, son of late Mohammad Gazi, Village-Mokimabad, Thana Hajigonj, District-Chandpur………………………Petitioner Vs. The Government of the People's Republic of Ban......hmat Ali J Syed Abu Kowser Md. Dabirush Shan J Al-Haj Abdul Maleque Gazi, son of late Mohammad Gazi, Village-Mokimabad, Thana Hajigonj, District-Chandpur………………………Petitioner Vs. The Government of the People's Republic of Bangladesh being represented by the Deputy Commiss..

Category: Property Law | Date: | Hits: 73

Government of the People's Republic of Bangladesh Vs. Altaf Hossain and others, 2009, 38 CLC (HCD)

.... is hereby vacated. Send down the LCR at once. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 81. ......R at once. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 81. ......dadul Hoque J Government of the People's Republic of Bangladesh, repre­sented by the Deputy Commissioner, Jhelakathi........................Defendant-Appellant-Petitioners Vs. Altaf Hossain and others...........................Opposite par­ties Judgment June 24, 2009. Result: ...... Present: SM Emdadul Hoque J Government of the People's Republic of Bangladesh, repre­sented by the Deputy Commissioner, Jhelakathi........................Defendant-Appellant-Petitioners Vs. Altaf Hossain and others...........................Opposite par­ties Judgment June 24..

Category: Property Law | Date: | Hits: 96

Abdul Wadud Miah Vs. Bangladesh, repre­sented by the Secretary Ministry of Jute & others, 2008, 37 CLC (HCD)

....ect and/or to pass such other or further order or orders as to this Court may seem fit and proper. 2. Taj Jute, Backing Company was a nationalized enterprise controlled under the Ministry of Jute, Government of Bangladesh which was later partially privatized by selling 58.52% shares, held by the ......) Present: AFM Abdur Rahman J Moyeenul Islam Chowdhury J Abdul Wadud Miah, Son of late Abdul Latif Prodhan 27/1, Shashaheb Lane, Narinda…………………………Petitioner Vs. Bangladesh, repre­sented by the Secretary Ministry of Jute, Bangladesh Secretariat, Secretariat Bui...... can not claim to be heard before the same is infringed by any action either judicial or administrative………………………(27) Public body when deciding something must not be unreasonable and the actions of the authority must not be so much at odd with the requirement of fairness that th......diction) Present: AFM Abdur Rahman J Moyeenul Islam Chowdhury J Abdul Wadud Miah, Son of late Abdul Latif Prodhan 27/1, Shashaheb Lane, Narinda…………………………Petitioner Vs. Bangladesh, repre­sented by the Secretary Ministry of Jute, Bangladesh Secretariat, Secretar..

Category: Administrative Law | Date: | Hits: 299

Sree Sree Moha Prabhu and Sree Sree Gopal Jew Deities Vs. Biresh Ranjan Dhar and others, 2009, 38 CLC (HCD)

.... were filed to create evidence concerning the suit land that such land were debuttar Property. The said lady gave Ramani Mohan Das to understand that the property of the Baishnab will be taken by the Government and the" only records for the same is to show the property as the debutter. After wholesa...... No.15 the Deities got exclusive right, title and interest in the suit land the plaintiff has got no possession in the suit land. The Defendants further stated that the Defendant No.14, government of Bangladesh submitted written statement in the suit on certain false and baseless averments which the......ecords immediately. Ed. This Case is also Reported in: 18 BLT (HCD) (2010) 51. ......010) 51. ..

Category: Property Law | Date: | Hits: 102

Allama Delawar Hossain Sayedee Vs. Bangladesh, and others, 2009, 38 CLC (HCD)

....ed in Article 36 of the Bangladesh Constitution, 1972 to leave the country and go abroad and to re-enter the country again is not unfettered. It is subject to any restriction imposed by law. Thus the Government or any authority pursuant to any provision of law may restrict a person from leaving or r...... Court High Court Division (Special Original Jurisdiction) Present: Tariq ul Hakim J Borhanuddin J Allama Delawar Hossain Sayedee…………………………..Petitioner Vs. Bangladesh, and others…………………………Respondents Judgment August 12, 2009. R......gh Court Division (Special Original Jurisdiction) Present: Tariq ul Hakim J Borhanuddin J Allama Delawar Hossain Sayedee…………………………..Petitioner Vs. Bangladesh, and others…………………………Respondents Judgment August 12, 2009. Result: Th......Supreme Court High Court Division (Special Original Jurisdiction) Present: Tariq ul Hakim J Borhanuddin J Allama Delawar Hossain Sayedee…………………………..Petitioner Vs. Bangladesh, and others…………………………Respondents Judgment August 12, 200..

Category: Constitutional Law | Date: | Hits: 147

Islamic Democratic Party (IDP) Vs. Bangladesh Election Commission and others, 2008, 37 CLC (HCD)

....r as a political party cannot be substituted by the satisfaction of this Court. Accordingly, the application is rejected summarily. Ed. This Case is also Reported in: 18 BLT (HCD) (2010) 12. ......ourt Division (Special Original jurisdiction) Present: Syed Mahmud Hossain J Quamrul Islam Siddique J Islamic Democratic Party (IDP)…………………………Petitioner Vs. Bangladesh Election Commission and others……………………………Respondents Judgment ......nal jurisdiction) Present: Syed Mahmud Hossain J Quamrul Islam Siddique J Islamic Democratic Party (IDP)…………………………Petitioner Vs. Bangladesh Election Commission and others……………………………Respondents Judgment November 3, 2008. Result: ...... High Court Division (Special Original jurisdiction) Present: Syed Mahmud Hossain J Quamrul Islam Siddique J Islamic Democratic Party (IDP)…………………………Petitioner Vs. Bangladesh Election Commission and others……………………………Respondents Jud..

Category: Election Law | Date: | Hits: 723

Rezia Khatun Chowdhurani and others Vs. Shamir Kumar Chowdhury and others, 2008, 37 CLC (HCD)

.... these Rules. In the result, these Rules are discharged without any order as to costs. Send down the lower Court records. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 131. ......e been executed by Samir Kumar Chowdhury were forged and collusive. The plaintiff along with his brother Ershad Ali was influential persons and taking advantage of lawlessness after the liberation of Bangladesh forcibly entered into the suit property and evicted the tenants and the defendant. 4. ......his Case is also Reported in: 61 DLR (HCD) (2009) 131. ......(2009) 131. ..

Category: Civil Law | Date: | Hits: 138

Nasirullah and another Vs. Government of Bangladesh and others, 2008, 37 CLC (HCD)

.... (2009) 119. ......Supreme Court High Court Division (Special Original Jurisdiction) Present: SM Hossain J Farid Ahmed J Nasirullah and another ………………….Petitioner Vs. Government of Bangladesh and others ………………….Respondents Judgment June 12, 2008. Result: ......d. This Case is also Reported in: 61 DLR (HCD) (2009) 119. ......R (HCD) (2009) 119. ..

Category: Property Law | Date: | Hits: 79

Zareen Biscuit Company Vs. Sayed M. Salimullah and others, 2010, 39 CLC (HCD)

....f the rent receivers held under any waqf, waqf-al-al-aulad, debutter or other religious trust acquired under section 3(1) or non-retainable khas land acquired under section 3(2) finally vested in the Government free from all encumbrances with the publication of the compensation assessment roll under......ent non-retainable khas land to the extinction of saleable interest of the Zamindars and other land owners who turned into tenants under the state. He buttressed up his submission by reference to The Bangladesh (Legal Proceedings) (Third) Order, 1972 which bars, amongst-others, suits, appeals, appli......gh Court Division (Civil Appellate Jurisdiction) Present: Sheikh Abdul Awal J M Moazzam Husain J Zareen Biscuit Company.........................Appellant Vs. Sayed M. Salimullah and others.........................Respondents Judgment October 11, 2010. Result: The ......) 267. ..

Category: Trust/Waqf Law | Date: | Hits: 114

Sharifuddin and others Vs. Commissioner of Customs and others, 2009, 38 CLC (AD)

....f the Customs Act has no manner of application to the VAT Act, 1991 and cannot be deemed to be incorporated in the VAT Act, 1991 and the withdrawal of the exemption from payment of VAT granted by the Government under notification being SRO No.169 dated 8.6.2000 issued under section 14 of the VAT Act......ferent statute not mentioned in section 30A of Customs Act has no nexus with VAT Act and further Customs Act and VAT Act though taxing statutes, operate in different fields and as held in the case of Bangladesh Vs. Abdul Mannan, 29 DLR SC 17 there is no question of deeming the unincorporated provisi.............................Petitioner (In Civil Appeal No.990 of 2001) Md. Razual Karim....................................Petitioner (In Civil Appeal No.996 of 2001) Vs. Commissioner of Customs and others.........................Respondent (In all the cases) Judgment May 12, 2009. Res......Md. Mohiuddin.........................................Petitioner (In Civil Appeal No.990 of 2001) Md. Razual Karim....................................Petitioner (In Civil Appeal No.996 of 2001) Vs. Commissioner of Customs and others.........................Respondent (In all the cases) J..

Category: Fiscal/Taxation Law | Date: | Hits: 128

Md. Enamul Haque Vs. Md. Ekramul Haque and others, 2011, 40 CLC (HCD)

....of the suitsexpeditiously preferably within 6(Six) months from the date of receipt of this order. Communicate this order at once. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 263. ......at he will not get fair justice before the Court presided over by the learned Judge, Mr. Abdur Rashid Mia. Learned Advo­cate in support of his submission relied on some of the decisions of India and Bangladesh jurisdiction. 6. Mr. Md. Iqbal Hossain, learned Advocate, for the opposite party, on t......t Division (Civil Revisional Jurisdiction) Present: Sharif Uddin Chaklader J Md. Nuruzzaman J Md. Enamul Haque…………………….Defendant-Petitioner Vs. Md. Ekramul Haque and others…………………..Plaintiff-Opposite Party Judgment January 3, 2011. Resul......upreme Court High Court Division (Civil Revisional Jurisdiction) Present: Sharif Uddin Chaklader J Md. Nuruzzaman J Md. Enamul Haque…………………….Defendant-Petitioner Vs. Md. Ekramul Haque and others…………………..Plaintiff-Opposite Party Judgment J..

Category: Procedural Law | Date: | Hits: 179

LMJ International Ltd. India Vs. MV BK Ace and others, 2010, 39 CLC (HCD)

.... the ground that the plaintiff imported 28,500 MT of Bulgarian wheat from the defen­dant No.5 Messrs Sovarex SA for onwards supply to the Director General, Ministry of Food & Disaster Management Government of People's Republic of Bangladesh, under a contract No.DGOF/DOP/EP/Wheat-35 (Quotation)/...... Judgment December 7, 2010. Result: The suit is disposed of with direction. The Customs Act, 1969 (Act No. IV of 1969); section 73 Whenever vessel comes into the territorial water of Bangladesh with the Bangladesh bound cargo it must discharge the same in accordance with the provisi......Supreme Court High Court Division (Statutory Original Jurisdiction) Present: AFM Rahman J  LMJ International Ltd. India…………………………Plaintiffs Vs. MV BK Ace and others…………………………Defendant Judgment December 7, 2010. Result: The......CD) (2011) 256. ..

Category: Admiralty Law or Maritime Law | Date: | Hits: 490

Abdul Karim Vs. Land Acquisition Officer, Comilla and others, 2006, 35 CLC (HCD)

....bahi Officer (TNO), gave their proposal to acquire the land in question to protect the Upazila Parishad Bhaban and administrative sanction was also given for the said purpose by the Ministry of Local Government Rural Development and Co-operatives but the notice under section 3 of the Acquisition and......tional Commissioner, Dhaka Division, 41 DLR 326; Abdul Kader Vs. Masaddar Ali, 3 BLC (AD) 211; Jaichand VWO AIR 1967 SC 483; Abdur Rauf Vs. Abdul Hakim, 17 DLR (SC) 515; Khandoker Moshtaque Ahmed Vs. Bangladesh, 34 DLR (AD) 22. Lawyers Involved: AKM Fazlul Hoque, Advocate - For the petitioner....... (HCD) (2009) 112. ......n:61 DLR (HCD) (2009) 112. ..

Category: Property Law | Date: | Hits: 85

Kartick Chandra Das and another Vs. State, 2012, 41 CLC (HCD)

....a, alleging, inter alia, that the accused named Zahangir Alam, ex-Chairman of the said Paura­shava by misusing his power refrained from depositing Tk. 5,38,549 that is 5% of total lease money to the Government exchequer on account of land revenue collected from Dhap Sultangonj hat for the years 141......ght to justify his alleged assertion during the course of trial but that cannot be any ground to quash the proceeding when the trial has already been started. Cases Referred to- Rezaul Bari Vs. Bangladesh, 16 BLC 54; Golam Sarwar Hiru Vs. State, 13 MLR (AD) 103 = 14 BLC (AD) 26. Lawyers Inv...... also Reported in: 64 DLR (HCD) (2012) 458. ...... (Criminal Miscellaneous Jurisdiction) Present: Md. Anwarul Haque J Md. Mozibur Rahman Miah J Kartick Chandra Das and another…………………………………Accused-Petitioners Vs. State………………………….……Opposite-Party Judgment June 17, 2012. R..

Category: Procedural Law | Date: | Hits: 86