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Wing Commander M Hamidullah Khan Bir Protik Vs. Bangladesh and others, 2011, 40 CLC (HCD)

....itional Attorney-General, Motaher Hossain, Deputy Attorney-General, Samarendra Nath Biswas, Jahangir Alam, Amit Talukder, Ekramul Huq and Khandaker Diliruzzaman, Assistant Attorneys-General - For the Government. Writ Petition No.7353 of 2010. Judgment Md. Anwarul Haque J.- One Wing Commande...... against the petitioner, if he is so advised. In the facts and circumstances above, the instant writ petition is rejected summarily. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 491...

Category: Constitutional Law | Date: | Hits: 314

Principal, Barguna Darul Ulum Nesaria Alia Madrasha Vs. Secretary, Ministry of Health and others, 2002, 31 CLC (HCD)

....tween two Ministries, which could be resolved by inter-ministerial consultation and could not be the subject of a judicial proceedings in a Court of law. It was contended that a suit on behalf of the Government in respect of a property belonging to the Government could only be filed by the Deputy Co......py of this judgment and order be communicated to the learned Senior Assistant Judge, Barguna for his information and necessary action. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 542...

Category: Procedural Law | Date: | Hits: 146

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

....eme Court High Court Division (Civil Revisional Jurisdiction) Present: Sheikh Abdul Awal J FRM Nazmul Ahasan J Mohiuddin Ahmed and others......................Petitioners Vs. Government of Bangla­desh and others....................Opposite-parties Judgment May 12, 201......r as to costs. The order of stay granted earlier by this Court is vacated. Send a copy of this Judgment to the trial Court below. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 504...

Category: Property Law | Date: | Hits: 121

Mohammad Selim Vs. State, 2012, 41 CLC (AD)

.... life. 15. Accordingly, the jail petition is dismissed with the modification of sentence of death which is commuted to one of imprisonment for life. Ed. This Case is also Reported in:......the condemned petitioner. Thereafter, the people tried to open the door of the attached bathroom when the accused opened the door. She saw that the head of her daughter was loosely connected with the body due to slaughtering and the whole floor of the bathroom was full of blood and the accused was s..

Category: Criminal Law | Date: | Hits: 98

Mamun Akbar Vs. State and another, 2012, 41 CLC (AD)

....l trust. During such relationship the accused-petitioner got allotment of a piece of land measuring 40 square meters of Section-2, Mirpur, Dhaka, in terms of allotment letter dated 23.04.1996 under a Government Project called “ঢাকা শহর অবকাঠামো উন্নয়ন প...... infirmity in the impugned judgment and order passed by the High Court Division. Accordingly, the criminal petition for leave to appeal is dismissed. Ed. This Case is also Reported in:..

Category: Criminal Law | Date: | Hits: 90

Director General, Bangladesh Railway and others Vs. Niaz Mohammad Ali and others, 2012, 41 CLC (AD)

....ontested the said Rule by filing an affidavit-in-opposition denying material allegations made in the writ petition, stating that the writ petition was not maintainable since the writ petitioners were Government servants their remedies lies with the Administrative Tribunal. Hence, the Rule is liable ......y situated with the writ petitioners had been earlier allowed to sit for examination on successful completion of the training and promoted to the Guard Grade II posts. Having allowed a benefit to somebody and denying the same to the others who are similarly situated was ‘hostile discrimination’ ..

Category: Employment/Service Law | Date: | Hits: 222

Additional Deputy Commissioner (Rev.) Rangpur and another Vs. Amir Husain and others, 2012, 41 CLC (AD)

....xchanged the suit land on 29.02.1984 by a registered Exchange Deed No.1889 in favour of the plaintiff and the plaintiff got his name mutated vide Mutation Case No.2273 of 1983-84 and paid rent to the Government. The tenants started defaulting in payment of rent and thereafter the tenants filed Rent ......h the impugned judgment and order passed by the High Court Division is liable to be set aside”. Preparation of paper book, as prayed for, is dispensed with. This Case is also Reported in:..

Category: Property Law | Date: | Hits: 181

Administrative Officer, Hou­sing Settlement, Chittagong & others Vs. Abdur Rashid Chowdhury and others, 2011, 40 CLC (HCD)

....wed. Cases Referred to- Alauddin Khan Vs. Bangladesh represented by the Ministry of Housing and Public Works, 14 BLC 831; Nawshed Chowdhury Vs. Ministry of Land Administration and Land Reforms, Government of Bangladesh, 3 BLC 18; Messrs Mollah Industry Estate Vs. Government of Bangladesh, 6 LG......et aside. The suit is dismissed without any order as to costs. The office is directed to send down the lower Court's record at once. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 479...

Category: Property Law | Date: | Hits: 118

Javed Alam (Md.) Vs. Bangladesh and others, 2001, 30 CLC (HCD)

....e is made absolute. Since the Court of Settlement has found that the case property cannot be enlisted as abandoned property, the petitioner is entitled to get back possession of the property. The Government is not permitted to treat the property as abandoned property any more or allowing anyone ...... of the receipt of the order of this Court. The office is directed to send a copy of this order to the respondents without delay. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 521. ..

Category: Property Law | Date: | Hits: 106

Abu Bashar (Md.) and others Vs. Md. Raja Meah and others, 2010, 39 CLC (HCD)

.... The order of stay passed at the time of the issuance of the rule is hereby vacated. Send down the lower Court records at once. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 454. ......on against the delinquent. The Court shall not act mechanical­ly and blindly to punish a judgment-debtor without affording him any opportunity of being heard. Further a Court of law cannot punish anybody with­out being satisfied to the effect that the judgment-debtor has wilfully disobeyed or viol..

Category: Civil Law | Date: | Hits: 166

Badiul Alam Vs. Md. Nurul Islam, 2002, 31 CLC (HCD)

....te appearing for the petitioner, submits that in view of the pre‑emptor's purchase of land in the case holding on the basis of registered Kabala vide Exhibit 1 and payment of rental to the landlord Government Exhibit 2 series clearly indicate that the petitioner has subsisting interest in the case......in terms of its judgment and order with a direction upon the parties for establishment of their title in the land of the case khatian in regular title suit in the light of the observation made in the body of the judgment wherein it has been held that the petitioner stepped in to the shoes of his ven..

Category: Property Law | Date: | Hits: 132

Al-Amin Construction Co. Ltd. Vs. Government of the People's Republic of Bangladesh and others, 2001, 30 CLC (HCD)

....Division (Special Original Jurisdiction) Present: MA Aziz J Md. Shamsul Huq J Al-Amin Construction Co. Ltd..........................................................Petitioner Vs. Government of the People's Republic of Bangladesh and others……………Respondents Judgment ......th law, is the inalienable right of every citizen, wherever he may be, and of every other person for the time being within Bangladesh, and in particular no action detrimental to the life, liberty, body, reputation or property of any person shall be taken except in accordance with law." 18. ..

Category: Others | Date: | Hits: 207

Rowshan Ara Begum and others Vs. Doctor's Chemical Works Ltd. & others, 1991, 20 CLC (HCD)

....lotted in favour of respondent Nos.2, 3 and 4 and the returns thereof are also illegal and Void and as such they are cancelled. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 371. ......he Company cannot run smoothly. It is stated that the petitioners attended in the meetings dated 1.9.89, 3.11.89 and 31.12.89 and the resolutions passed in those meetings were unanimous inasmuch as nobody raised objection in those meetings. It is further stated that the return of allotment of shares..

Category: Company Law | Date: | Hits: 225

Hasina Karim Vs. Bangladesh, 1992, 21 CLC (HCD)

....nue is not being hold in custody without lawful authority or in an unlawful manner. 2. The detenu, Begum Momata Wahab, was taken into custody in execution of an order of detention passed by the Government on 3.12.91 under the signature of a Senior Assistant Secretary of the Ministry of Home Af...... Let this order be communicated to the Deputy Inspector General of Prisons, Rajshahi Central jail, Rajshahi for compliance. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 366. ..

Category: Constitutional Law | Date: | Hits: 299

Matiur Rahman (Md.) Vs. Bangladesh & others, 1998, 27 CLC (HCD)

....riginal Jurisdiction) Present: Md. Mozammel Hoque J Md. Hassan Ameen J Matiur Rahman (Md.)……………Petitioner Vs. Bangladesh, through the Secretary, Ministry of Establishment, Government of the People’s Republic or Bangladesh & others………………Respondents Jud...... on 19-6-96 stating that the 7 officers have voluntarily accepted to be counted after the 13th BCS Cadre for the seniority purpose and if the matter is resolved in this manner then it is hoped that nobody would object to their absorption. Respondent No.1 replied on 8-7-96, reiterating that legally t..

Category: Employment/Service Law | Date: | Hits: 216

Dr. MB Rahman Vs. Deputy Commissioner of Taxes, 1986, 15 CLC (HCD)

....h) Zone, Dhaka in respect of the petitioner Dr. M. B. Rahman bearing I.R. No.7633/TC-VI. 2. Shortly stated the facts of the case are that the petitioner who is an income-tax assessee and a retired Government official sold his land with some structures at Banani Model Town and applied for gain tax......herefore, is sustained. In the result the Rule is discharged but without any order as to costs. AM Mahmudur Rahman J. - I agree. Ed. This Case is also Reported in: 39 DLR (HCD) (1987) 33. ..

Category: Fiscal/Taxation Law | Date: | Hits: 170

Musa Bin Shamsher Vs. Ansarul Huq Ansari & others, 1986, 15 CLC (HCD)

....usiness in Qatar by residing there for a long time. The accused used to come to the house and office of the complainant in Qatar often. Accused petitioner showed him a power of attorney issued by the Government of Qatar in favour of his firm M/s. Shahbaz International, Topkhana Road, Dhaka and propo......y particular partner or that any particular share of it belongs to any particular partner. That being so, if one partner retains a part­nership asset, can it be said that pro­perty belonging to somebody also has been entrusted to him, or at least the share of his co-partner has been entrus­ted to..

Category: Criminal Law | Date: | Hits: 362

Abdul Mannan and others Vs. Government of the Peo­ple's Republic of Bangladesh & others, 1986, 15 CLC (HCD)

.... (Civil Revisional Jurisdiction) Present: Nurul Huque Bhuiyan J Abdul Mannan and others……………………………………………………….….………….Petitioners Vs. Government of the Peo­ple's Republic of Bangladesh & others…………….Opposite-Parties ......i­nable. In the result, the Rule is made absolute without any order as to costs and the orders of the Courts below are set aside. Ed. This Case is also Reported in: 39 DLR (HCD) (1987) 19. ..

Category: Procedural Law | Date: | Hits: 139

Dr. Md. Mahiuddin Vs. Dr. Hasanuzzaman Chow­dhury and others, 1992, 21 CLC (HCD)

....t, 1956. It is stated that Mahmudul Amin Chowdhury, J was appointed as Commissioner for Enquiry under the Commissions of Inquiry Act, 1956 and on completion of the enquiry submitted his report to the Government of Bangladesh. The report of the Commission was published by the Government of Bangladesh......ontempt of Courts Act, 1926 read with Article 108 of the Constitution of the People's Republic of Bangladesh is summarily rejected. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 535...

Category: Criminal Law | Date: | Hits: 131

Serajul Alam Khan Vs. State, 1992, 21 CLC (HCD)

....sult: The Rule is made absolute. Cases Referred To- Syeda Rezia Begum Vs. The People's Republic of Bangladesh, 40 DLR 210; Kalipada Hazra Vs. State 30 DLR 103; Abdul Latif Mirza Vs. Government of Bangladesh, 31 DLR (AD) 1; Rawshan Bejoya Shawkat Ali, 18 DLR (SC) 214; Mrs. Sajaeda P...... with law, is the inalienable right of every citizen, wherever he may be, and of every other Person for the time being within Bangladesh, and in particular no action detrimental to the life, liberty, body, reputation or property of any person shall be taken except in accordance with law." Arti..

Category: Criminal Law | Date: | Hits: 156