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M. Anwar Hossain and others Vs. Government of Bangladesh and others, 2011, 40 CLC (HCD)

.... Major Ziauddin and others……………...Petitioner (In Writ Petition 1048 of 2011) And Md. Abdul Mazid………………….............Petitioner (In Writ Petition 1059 of 2011) Vs. Government of Bangladesh and others…………Respondents (In all the Writ Petitions) Judgment ......in and others……………...Petitioner (In Writ Petition 1048 of 2011) And Md. Abdul Mazid………………….............Petitioner (In Writ Petition 1059 of 2011) Vs. Government of Bangladesh and others…………Respondents (In all the Writ Petitions) Judgment March 22, 20...... This Case is also Reported in: ...... with Major Ziauddin and others……………...Petitioner (In Writ Petition 1048 of 2011) And Md. Abdul Mazid………………….............Petitioner (In Writ Petition 1059 of 2011) Vs. Government of Bangladesh and others…………Respondents (In all the Writ Petitions) Jud..

Category: Criminal Law | Date: | Hits: 154

Amarbati Natya Mandir Vs. State, 2009, 38 CLC (HCD)

....ent was one to which the Bengal Regulation applied and it was an institution in which the right of nomination of the trustee, manager or superintendent thereof was vested in or was exercisable by the Government or any other public officer or such nomination was subject to the confirmation of the Gov......n for leave to proceed with the suit after amendment of the plaint is allowed. The order of abatement of the suit is also set aside. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 217. ...... This Case is also Reported in: 61 DLR (HCD) (2009) 217. ......CD) (2009) 217. ..

Category: Civil Law | Date: | Hits: 104

Agrani Bank Vs. Orbit Enterprise Ltd and another, 2009, 38 CLC (HCD)

....it at the rate of 15% per annum till realization. Send down the LC record at once. Communicate this order at once. Ed. This Case is also Reported in:   61 DLR (HCD) (2009) 710. ......e suit. 4. The defendant-respondent filed written statement and contested the suit. His case is that after getting a work order to establish electric connection and sanitary works of a building of Bangladesh T&T Board, the plaintiff-bank allowed him the said loan facility. It is further state......urt High Court Division (Civil Appellate Jurisdiction) Present: SK Sinha J Md. Ashfaqul Islam J Agrani Bank……………………Plaintiff-Appellant Vs. Orbit Enterprise Ltd and another………………………Defendants-Respondents Judgment January 20, 2009. Res......CD) (2009) 710. ..

Category: Civil Law | Date: | Hits: 95

Md. Abdul Jabbar Sarker Vs. State and another, 2011, 40 CLC (HCD)

....took a proper decision not to proceed with the case. 21. The grounds taken in the revisional appli­cation with regard to responsibility of the learned Senior Special Judge to seek sanction of the Government for prosecuting the accused under section 6(5) of the Criminal Law Amendment Act, 1958 do......Rule. In the result, the Rule is discharged. Office is directed to send down the lower Court record with copy of this Judgment. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 103. ...... High Court Division (Criminal Revisional Jurisdiction) Present: Md. Emdadul Huq J Mohammad Ullah J Md. Abdul Jabbar Sarker…………………………..Petitioner Vs. State and another……………………….Respondents Judgment October 25, 2011. Result: Th......upreme Court High Court Division (Criminal Revisional Jurisdiction) Present: Md. Emdadul Huq J Mohammad Ullah J Md. Abdul Jabbar Sarker…………………………..Petitioner Vs. State and another……………………….Respondents Judgment October 25, 2011. ..

Category: Procedural Law | Date: | Hits: 92

Abdul Motaleb and others Vs. Customs, Excise and VAT Appellate Tribunal, 2011, 40 CLC (HCD)

....l and upholding the Judgment and order dated 2-6-2008 passed by the Respondent No.3 in order No.367 Mushuk-Anium/Banoful & Co./Commi/08 directing the petitioners to deposit Taka 1,36,35,283.25 to Government fund through treasury chalan should not be declared to have been issued without lawful au......tice dated 14-2-2008 (Annexure-C) is also declared to have been passed and issued without lawful authority and is of no legal effect. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 100. ......e is also Reported in: 64 DLR (HCD) (2012) 100. ...... Court High Court Division (Special Original Jurisdiction) Present: Md. Ashfaqul Islam J Mustafa Zaman Islam J Abdul Motaleb and others………………………….Petitioners Vs. Customs, Excise and VAT Appellate Tribunal…………………………Respondents Judgme..

Category: Fiscal/Taxation Law | Date: | Hits: 135

Muhibur Rahman Manik and another Vs. State, 2006, 35 CLC (HCD)

....eof. They are set at liberty at once if not required in connection with any other case. Lower Court Records are sent down at once. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 279. ......rovides that any person who makes or has in his possession or under his control any explosive substance with intent by means thereof to endanger life, or cause serious injury to person or property in Bangladesh or to enable any other person by means thereof to endanger life or cause serious injury t......: 15 BLT (HCD) (2007) 279. ......t here. Supreme Court High Court Division (Criminal) Present: AK Badrul Huq J Shahidul Islam J Muhibur Rahman Manik and another…………………………Convict-appellants Vs. The State………………………Respondent Judgment August 13, 2006. Result: ..

Category: Criminal Law | Date: | Hits: 83

Khorshid Nayeem and others Vs. Land Appeal Board land others, 2010, 39 CLC (HCD)

....dly, this Writ Petition is in the nature of a Writ of Certiorari. The scope of a Writ of Certiorari is very limited. In this con­nection, a reference may be made to the deci­sion in the case of the Government of Bangla­desh Vs. Md. Jalil reported in 15 BLD (AD) 175 = 49 DLR (AD) 26. In that decis...... Board land others……………………………………Respondents Judgment June 3, 2010. Result: The rule is made absolute. Cases Referred to- 47 DLR (AD) 9; 50 DLR (AD) 213; Bangladesh Tobaco Company Ltd. Vs. Md. Azizul Huq, 8 MLR (AD) 149 = 7 BLC (AD) 119; Bangladesh Vs. M......lso Reported in: 17 BLC (HCD) (2012) 511. ......ourt Division (Special Original Jurisdiction) Present: Moyeenul Islam Chowdhury J AKM Abdul Hakim J Khorshid Nayeem and others……………………………………Petitioners Vs. Land Appeal Board land others……………………………………Respondents Judgmen..

Category: Property Law | Date: | Hits: 115

Md. Munsur Ali & others Vs. Sher Mohammad being dead his heirs: 1(A) Most. Tara Bibi and others, 2009, 38 CLC (HCD)

....tay granted earlier by this Court stands vacated. Let a copy of this judgment along with lower Courts record be sent down at once. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 363. ......tay granted earlier by this Court stands vacated. Let a copy of this judgment along with lower Courts record be sent down at once. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 363. ......igh Court Division (Civil) Present: Sheikh Abdul Awal J Md. Munsur Ali & others……………………..Petitioner Vs. Sher Mohammad being dead his heirs: 1(A) Most. Tara Bibi and others…………………..Opposite Parties Judgment August 5, 2009. Result: The ...... Read the Appellate Division Judgment here. Supreme Court High Court Division (Civil) Present: Sheikh Abdul Awal J Md. Munsur Ali & others……………………..Petitioner Vs. Sher Mohammad being dead his heirs: 1(A) Most. Tara Bibi and others…………………..Op..

Category: Property Law | Date: | Hits: 66

Md. Hasan Habib alias Ahsan Habib and others Vs. Government of the People's Republic of Bangladesh and others, 2010, 39 CLC (HCD)

....n (Special Original Jurisdiction) Present: Zinat Ara J Syed Abu Kowser Md. Dabirush-Shan J Md. Hasan Habib alias Ahsan Habib and others………………………Petitioner Vs. Government of the People's Republic of Bangladesh and others………………………Respondent ...... Present: Zinat Ara J Syed Abu Kowser Md. Dabirush-Shan J Md. Hasan Habib alias Ahsan Habib and others………………………Petitioner Vs. Government of the People's Republic of Bangladesh and others………………………Respondent Judgment May 13, 2010. Result: ......BLD (HCD) (2010) 359. ...... Division (Special Original Jurisdiction) Present: Zinat Ara J Syed Abu Kowser Md. Dabirush-Shan J Md. Hasan Habib alias Ahsan Habib and others………………………Petitioner Vs. Government of the People's Republic of Bangladesh and others………………………Respo..

Category: Civil Law | Date: | Hits: 85

Md. Ragib Hasan Khan @ Munu Vs. State and another, 2009, 38 CLC (HCD)

....itled to get any relief as prayed for. Hence the rule fails. In the result, the Rule is discharged. Order of stay stands vacated. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 353. ......The inherent power under the section has to be exercised for the ends of justice and should not be arbitrarily exercised to cut short the normal process of a criminal trial. 17. Both apex Court of Bangladesh and Indian jurisdiction hold the view that the High Court while exercising power under se...... (Special Original Jurisdiction) Present: Siddiqur Rahman Miah J Md. Ataur Rahman Khan J Md. Ragib Hasan Khan @ Munu………………………………Petitioner Vs. The State and another………………………………Opposite Parties Judgment July 6, 2009. Res......igh Court Division (Special Original Jurisdiction) Present: Siddiqur Rahman Miah J Md. Ataur Rahman Khan J Md. Ragib Hasan Khan @ Munu………………………………Petitioner Vs. The State and another………………………………Opposite Parties Judgment Ju..

Category: Procedural Law | Date: | Hits: 79

Pubali Bank Ltd. Vs. Contech Ltd. and others, 2005, 34 CLC (HCD)

....is directed to dispose of the suit within 3(three) months from the date of receipt of this order in the interest of all the parties. Ed. This Case is also Reported in: 27 BLD (HCD) (2007) 133. ......their written statement though admitted the loan liability but came up with a specific plea that in view of the facts and circumstances of the case and in view of the undertaking given by the Siemens Bangladesh Limited (hereinafter called 'the Siemens') confirming that all payment arising out of wor......ion (Civil Jurisdiction) Present: Syed Amirul Islam J Sheikh Abdul J Pubali Bank Ltd……………………………………………………….Appellant Vs. Contech Ltd. and others………………………………………..Respondents Judgment July 9, 2005. ......t High Court Division (Civil Jurisdiction) Present: Syed Amirul Islam J Sheikh Abdul J Pubali Bank Ltd……………………………………………………….Appellant Vs. Contech Ltd. and others………………………………………..Respondents Judgme..

Category: Civil Law | Date: | Hits: 87

Aleka Khatun and others Vs. Government of Bangladesh, 2004, 33 CLC (HCD)

.... High Court Division (Special Original Jurisdiction) Present: Md. Joynul Abedin J Sharifuddin Chaklader J Aleka Khatun and others…………………………..Petitioners Vs. Government of Bangladesh ………………………. Respondent Judgment May 24, 2004. Res......Division (Special Original Jurisdiction) Present: Md. Joynul Abedin J Sharifuddin Chaklader J Aleka Khatun and others…………………………..Petitioners Vs. Government of Bangladesh ………………………. Respondent Judgment May 24, 2004. Result: The Ru......e is also Reported in: 61 DLR (HCD) (2009) 693. ...... Court High Court Division (Special Original Jurisdiction) Present: Md. Joynul Abedin J Sharifuddin Chaklader J Aleka Khatun and others…………………………..Petitioners Vs. Government of Bangladesh ………………………. Respondent Judgment May 24, 2004...

Category: Property Law | Date: | Hits: 69

Abdul Quddus Vs. Mobarak Hossain, 1996, 25 CLC (HCD)

....n and others Vs. Azizuddin and others, 43 DLR 207; Kazi Motiur Rahman and others Vs. Din Islam, 43 DLR 128; Trading Corporation of Bangladesh Vs. Syed Sajeduzzaman, 40 DLR 406; Md. Bonde Ali Khan Vs. Government of Bangladesh, 1986 BLD 232; Bangladesh Shilpa Bank Vs. Bangladesh Hotels Ltd., 38 DLR (A...... Azizul Hoque alias Nanna Meah Vs. Sonall Bank, 1990 BLD 247; Aynuddin and others Vs. Azizuddin and others, 43 DLR 207; Kazi Motiur Rahman and others Vs. Din Islam, 43 DLR 128; Trading Corporation of Bangladesh Vs. Syed Sajeduzzaman, 40 DLR 406; Md. Bonde Ali Khan Vs. Government of Bangladesh, 1986 ......e is discharged. The Code of Civil Procedure, 1908 (Act No. V of 1908); section 151 The discretion under section 151 of the Code of Civil Procedure, 1908 can be exercise for the ends of justice and when there is a mistake of the Court………………………..(9, 11 & 12) Cases Refer......s also Reported in:48 DLR (HCD) (1996) 572. ..

Category: Procedural Law | Date: | Hits: 82

Akbar Hossain (Md.) Vs. Bangladesh and others, 1996, 25 CLC (HCD)

....n) Present: Naimuddin Ahmed J Md. Fazlul Karim J Akbar Hossain (Md.)..........................Petitioner Vs. Bangladesh, represented by the Secretary, Ministry of Housing and Works, Government of the People's Republic of Bangladesh and others........................Respondents J......1. ......Jurisdiction) Present: Naimuddin Ahmed J Md. Fazlul Karim J Akbar Hossain (Md.)..........................Petitioner Vs. Bangladesh, represented by the Secretary, Ministry of Housing and Works, Government of the People's Republic of Bangladesh and others........................Respo......996) 291. ..

Category: Property Law | Date: | Hits: 77

Wahida Khan Vs. Shahar Banoo Ziwar Sultan and State, 1994, 23 CLC (HCD)

....order to the civil Court immediately for expeditious disposal of Title Suit No.48 of 1973/6 of 1986. Send down the records at once. Ed. This Case is also Reported in:48 DLR (HCD) (1996) 286. ......t the present petitioner was her monthly tenant in House No.252, Road No.22, Dhanmondi R/A, Dhaka. While she was abroad (in Iran) for about 7 years the petitioner taking advantage of her absence from Bangladesh, created a false Bainapatra, showing a contract for sale of the said house worth seven la......eme Court High Court Division (Criminal Revisional Jurisdiction) Present: AKM Sadeque J K M Hasan J Wahida Khan……………………Petitioner Vs. Shahar Banoo Ziwar Sultan and State……………………Opposite Parties Judgment May 15, 1994. Result: The Rul......in:48 DLR (HCD) (1996) 286. ..

Category: Procedural Law | Date: | Hits: 71

State Vs. Government of Bangladesh and others, 2011, 40 CLC (HCD)

....ision (Special Original Jurisdiction) Present: AHM Shamsuddin Choudhury J Sheikh Md. Zakir Hossain J The State......................................................Petitioner Vs. Government of Bangladesh and others..........................Respondents Judgment April 3, 201......ial Original Jurisdiction) Present: AHM Shamsuddin Choudhury J Sheikh Md. Zakir Hossain J The State......................................................Petitioner Vs. Government of Bangladesh and others..........................Respondents Judgment April 3, 2011. Result: ......l Jurisdiction) Present: AHM Shamsuddin Choudhury J Sheikh Md. Zakir Hossain J The State......................................................Petitioner Vs. Government of Bangladesh and others..........................Respondents Judgment April 3, 2011. Result: The Rule......urt Division (Special Original Jurisdiction) Present: AHM Shamsuddin Choudhury J Sheikh Md. Zakir Hossain J The State......................................................Petitioner Vs. Government of Bangladesh and others..........................Respondents Judgment April..

Category: Constitutional Law | Date: | Hits: 642

Rais Ali alias Md. Rais Ali and others Vs. Mst. Hajera Khatun and others, 2009, 38 CLC (HCD)

....the time of issuance of the rule is hereby vacated. Send down the lower Court records alongwith a copy of the judgment immediately. Ed. This Case is also Reported in: 18 BLT (HCD) (2010) 62. ...... (AD) page 20, in the case of Aklasur Rahman and others Vs. Safarullah and others which is also available in 42 DLR (AD) page 189 wherein their lordships of the Appellate Division of Supreme Court of Bangladesh have considered the point of waiver, acquiescence and estoppel in pre­emption matters. T......udgment immediately. Ed. This Case is also Reported in: 18 BLT (HCD) (2010) 62. ......so Reported in: 18 BLT (HCD) (2010) 62. ..

Category: Civil Law | Date: | Hits: 192

Bangladesh House Building Finance Corporation Vs. Mosammat Amena Begum, 2010, 39 CLC (HCD)

....ous Execution Case No.14 of 2004 is hereby affirmed. Let a copy of this judgment and order be communicated to the Court concerned. Ed. This Case is also Reported in: 18 BLT (HCD) (2010) 194. ......order be communicated to the Court concerned. Ed. This Case is also Reported in: 18 BLT (HCD) (2010) 194. ......alling upon the opposite party to show cause as to why the order dated 05.11.2006 passed by the learned District Judge, Chuadanga in Miscellaneous Execution Case No.14 of 2004 should not be set aside and/or pass such other or further order or orders as to this Court may seem fit and proper. 2. Th......in: 18 BLT (HCD) (2010) 194. ..

Category: Civil Law | Date: | Hits: 276

Fazlul Haque (Md.) Vs. Abdul Malek and another, 2008, 37 CLC (HCD)

.... or the omission to mention the provision which contains the source of power will not invalidate an order where the source of such power exists." 29. In the case before the Appellate Division, the Government of Bangladesh made an inadvertent error by referring to a wrong section of the Army Act i......ry, 6 DLR 595; Hajee Md. Ahsanullah Vs. Arafatunnessa Bibi, 33 DLR (AD) 17; Muniammal Vs. Sakkubai, AIR 1988 Madras 241; Idris Shaikh Vs. Jilamon Bewa, 50 DLR (AD) 161; Col. Md. Hashmat Ali (Retd) of Bangladesh Army Medical Corporation Vs. Bangladesh, 47 DLR (AD) 1; Sheo Prashal Lai Vs. Tapeshwar Ma......: 61 DLR (HCD) (2009) 72. ......is also Reported in: 61 DLR (HCD) (2009) 72. ..

Category: Civil Law | Date: | Hits: 281

Veena Khaleque and others Vs. State, 2009, 38 CLC (HCD)

....or, accused petitioner No. 2 is the Team Leader and accused petitioner No. 3 is the Area Manager of the Intermediate Technology Development Group presently named as Practical Action Bangladesh, a Non-Government organization (NGO) and he served in the (NGO) as a Research Associate at its Jamalpur dis......the Country Director, accused petitioner No. 2 is the Team Leader and accused petitioner No. 3 is the Area Manager of the Intermediate Technology Development Group presently named as Practical Action Bangladesh, a Non-Government organization (NGO) and he served in the (NGO) as a Research Associate a......also Reported in: 61 DLR (HCD) (2009) 762. ....... ..

Category: Employment/Service Law | Date: | Hits: 238