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Nirman International Ltd. and another Vs. Janata Bank, 2010, 39 CLC (HCD)

....of Section 44A of the Code of Civil Procedure, 1908 as amended by the Code of Civil Procedure (Third Amendment) Act, 2003 which provides as :— "Reciprocating territory means any territory as the Government may, from time to time, by notification in the official Gazette, declare to be reciprocat......ng for the petitioner, submits that, section 44A(1) of the Code of Civil Procedure after amendment in 2003, stand for execution of any decree passed by a Court which has no reciprocating territory of Bangladesh Court as such, decree obtained in such country is unexecutable in Bangladesh. Learned Adv......h Court Division (Civil Revisional Jurisdiction) Present: Sharif Uddin Chaklader J Md. Shawkat Hossain J Nirman International Ltd. and another………………………Petitioners Vs. Janata Bank………………………Opposite Party Judgment August 1, 2010. Result......is order at once. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 57. ..

Category: Civil Law | Date: | Hits: 168

Bangladesh Water Development Board and other Vs. Progati Prakaushali & another, 1996, 25 CLC (HCD)

.... legally made the award a rule of the Court. In view of the facts and circumstances of the case, there will be no order as to cost. Ed. This case is also Reported in:49 DLR (HCD) (1997) 335. ......t. Ed. This case is also Reported in:49 DLR (HCD) (1997) 335. ...... High Court Division (Civil Revisional Jurisdiction) Present: Md. Abdul Karim J Syed Amirul Islam J Bangladesh Water Development Board and other…………………….Petitioners Vs. Progati Prakaushali & another…………………………Opposite Parties Judgment ......f the case, there will be no order as to cost. Ed. This case is also Reported in:49 DLR (HCD) (1997) 335. ..

Category: Alternative Dispute Resolution | Date: | Hits: 606

Abdul Mannan Talukder Vs. State, 1982, 11 CLC (HCD)

....der, 1972 (President's Order No.16 of 1973). In reply, the learned Counsel for the accused opposite party has produced before us a Photostat copy of a circular issued by the Ministry of Home Affairs, Government of Bangladesh dated 10.1.1980, whereby the Government directed withdrawal of all cases pe......ir (hereinafter called the accu­sed) on the ground that the government has decided to withdraw the case against him as recognition of his courageous service rendered to the cause of liberation of Bangladesh. The learned Judge upon a perusal of the petition accorded necessary permission to withdr......ion (Jessore Bench) (Criminal Revisional Jurisdiction) Present: Abdur Rahman Chowdhury J Anwarul Hoque Chowdhury J Abdul Mannan Talukder…………………………Petitioner Vs. State……………………Respondent Judgment November 21, 1982. Result: The......er…………………………Petitioner Vs. State……………………Respondent Judgment November 21, 1982. Result: The Rule is made absolute. Lawyers Involved: Shah Md. Sharif with Md. Nizamul Huq - For the Petitioner. Abdus Sobhan - For opposite party No.2. ..

Category: Criminal Law | Date: | Hits: 145

Abul Hossain Azad Vs. Government of Bangladesh & Others, 2005, 34 CLC (HCD)

....007) 44. ......eme Court High Court Division (Special Original Jurisdiction) Present: ABM Khairul Haque J ATM Fazle Kabir J Abul Hossain Azad…………………Petitioner Vs. Government of Bangladesh & Others……………………Respondent Judgment March 1, 2005. Result: ......HCD) (2007) 44. ......ngladesh & Others……………………Respondent Judgment March 1, 2005. Result: The Rule is made absolute. Lawyers Involved: S. N. Goswami, Advocate - For the Petitioner. Md. Faruque Ahmed, Advocate - For the Respondent No.5. Writ Petition No.5008 of 2003. Judgment..

Category: Others | Date: | Hits: 181

Bangladesh Homeopathic Medicine Manufacturers Association Vs. Bangladesh and others, 2003, 32 CLC (HCD)

....d by the Drugs Act, 1940. In view of the fact that the Homeopathic medicine and Homeopathic system of treatment were useful and within the reach of the common and distressed people of Bangladesh, the Government enacted Drugs (Control) Ordinance, 1982 to recognise, control and regulate such treatment...... once. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 590. ......High Court Division (Special Original Jurisdiction) Present: Md. Joynul Abedin J AS Mamun J Bangladesh Homeopathic Medicine Manufacturers Association…………….Petitioner Vs. Bangladesh and others................................................................Responde......ol, 1, Segunbagicha, Dhaka‑ 1000 at once. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 590. ..

Category: Others | Date: | Hits: 341

Ataur Rahman Vs. Secretary, Ministry of Com­munication, Roads and Railway Division, Bangladesh Secretariat, Dhaka and Others, 1997, 26 CLC (HCD)

.... January 27, 1997. Result: The Rule is made absolute. Cases Referred to- Sharping Matshajibi Samabaya Samity Ltd. Vs. Bangladesh and others case, BLD 1987 (AD) 106; Mesbahuddin Ahmed Vs. Government of Bangladesh and others, 47 DLR 515. Lawyers Involved: Moudud Ahmed with Md. Azizu...... Present: Mainur Reza Chowdhury J Md. Iftikhar Rasool J Ataur Rahman……………………………Petitioner Vs. Secretary, Ministry of Com­munication, Roads and Railway Division, Bangladesh Secretariat, Dhaka and Others………………………………….Respondents Judgm...... Supreme Court High Court Division (Special Original Jurisdiction) Present: Mainur Reza Chowdhury J Md. Iftikhar Rasool J Ataur Rahman……………………………Petitioner Vs. Secretary, Ministry of Com­munication, Roads and Railway Division, Bangladesh Secretariat, D......order as to costs. Ed. This case is also Reported in:49 DLR (HCD) (1997) 331. ..

Category: Civil Law | Date: | Hits: 178

Lalima Begum and another Vs. Chairman, Court of Settlement, 1st Court, Dhaka and another, 1997, 26 CLC (HCD)

....rest had all along been in peaceful possession of the case property till they sold the same to them and there was no occasion whatsoever to treat it as an abandoned property at any point of time. The Government did never take over possession of the case property nor did it serve the statutory notice......eputy Attorney‑General - For the Respondents. Writ Petition No.1514 of 1992. Judgment Gour Gopal Saha J.- This application under Article 102 of the Constitution of the People's Republic of Bangladesh is directed against the Judgment and order dated 29‑3‑92 passed by the Court of Settl...... ......he Bangladesh Gazette Extraordinary dated 29thSeptember, 1986), has been made without any lawful authority and is of no legal effect. Ed. This case is also Reported in:49 DLR (HCD) (1997) 325. ..

Category: Property Law | Date: | Hits: 116

Sultan Ahmed @ Md. Sultan Ahmed Vs. Chairman, Divisional Labour Court, and others, 1993, 22 CLC (HCD)

.... with the Judgment and order passed by the learned Labour Court. The Rules is, accordingly, discharged without any order as to costs. Ed This case is also Reported in:49 DLR (HD) (1997) 215. ......being illegal and without lawfull authority. 2. The petitioner of this writ petition Sultan Ahmed alias Md. Sultan Ahmed was a worker being a Mechanic under the respondent No.2, Kerew and Company (Bangladesh) Limited. On 15‑5‑88 a proceeding was drawn up against the petitioner for misconduct ...... High Court Division (Special Original Jurisdiction) Present: Naimuddin Ahmed J Md. Golam Rabbani J Sultan Ahmed @ Md. Sultan Ahmed…………………………………Petitioner Vs. Chairman, Divisional Labour Court, and others……………………………………Respon......hout any order as to costs. Ed This case is also Reported in:49 DLR (HD) (1997) 215. ..

Category: Labour and Industrial Law | Date: | Hits: 141

Serajul Islam Vs. State, 1996, 25 CLC (HCD)

....ferred to the decision reported in 31 DLR (AD) 1 and 46 DLR 107. 4. Mr. Moudud's last but most serious contention is that sub‑section (3) of section 3 of the Special Powers Act empowers the Government to approve the order of detention passed by the District Magistrate or Additional Distric......titioner Vs. State………………………………….Opposite Party Judgment February 6, 1996. Result: The Rule is made absolute. Cases Referred to- Abdul Latif Mirza Vs. Bangladesh, 31 DLR (AD) 1; Jahanara Begum Vs. State, 46 DLR 107; Hasina Karim Vs. Bangladesh, 44 DLR......eme Court High Court Division (Criminal Miscellaneous Jurisdiction) Present: Badrul Islam Chowdhury J Md. Asaduzzaman J Serajul Islam……………………………..Petitioner Vs. State………………………………….Opposite Party Judgment February 6, 1996. ......ade absolute. Ed. This Case is also Reported in:49 DLR (HD) (1997) 209. ..

Category: Criminal Law | Date: | Hits: 127

Bangladesh Power Development Board Vs. Sonali Bank and others, 1982, 11 CLC (HCD)

....missed the Misc. Case. The appeal is, therefore, dismissed with­out any order as to costs. Amirul Islam Chowdhury J.- I agree. Ed. This Case is also Reported in:35 DLR (HCD) (1983) 157. ......also Reported in:35 DLR (HCD) (1983) 157. ......vision (Dhaka Bench) (Civil Appellate Jurisdiction) Present: Amirul Islam Chowdhury J Md. Altaf Hosssain J Bangladesh Power Development Board………………………Appellant Vs. Sonali Bank and others……………………Respondent Judgment June 30, 1982. R...... Ed. This Case is also Reported in:35 DLR (HCD) (1983) 157. ..

Category: Procedural Law | Date: | Hits: 143

State Vs. Abdul Awal, 1983, 12 CLC (HCD)

....y 29 D.L.R. (SC) 41. Lawyers Involved:  Matiur Rahman, Assistant Attorney-General - For the State-Appellant.  Asrarul Hossain with Abdul Azim - For the Accused-Respondent.  Government Appeal No.1 of 1980. Judgment Mustafa Kamal J.- This appeal against acquittal raise...... Leave Regis­ter in Form 'E' (Rule 15) and therefore he committed an offence under section 24 of the said Act. The defence case was that the former National Bank of Pakistan with all its branches in Bangladesh was nationalised by the Government under P.O. No.26 of 1972 on 26.3 72 and after national......e Court High Court Division (Dhaka Bench) (Civil Revisional Jurisdiction) Present: Mohammed Habibur Rah­man J Mustafa Kamal J The State……………………Petitioner Vs. Abdul Awal………………………Respondent Judgment February 13, 1983. Result: ...... respondent Abdul Awal. Manager, Sonali Bank, Stadium Branch, Dhaka contra­vened the provisions of the Shops and Establishments Rules, 1970 in that on 24.3.78 at about 2-15 P.M. the informant P.W.1. Md. A. Khaleque, Inspector of Shops and Estab­lishments visited the Stadium Branch of the Sonali Ba..

Category: Others | Date: | Hits: 163

Mongal Paita Perkhiddah College Vs. Government of Bangladesh and others, 2007, 36 CLC (HCD)

....ourt Division (Special Original Jurisdiction) Present: Syed Mahmud Hossain J Quamrul Islam Siddiqui J Mongal Paita Perkhiddah College………………………….Petitioner Vs. Government of Bangladesh and others…………………………………Respondents Judgment ...... (Special Original Jurisdiction) Present: Syed Mahmud Hossain J Quamrul Islam Siddiqui J Mongal Paita Perkhiddah College………………………….Petitioner Vs. Government of Bangladesh and others…………………………………Respondents Judgment April 23, 200...... High Court Division (Special Original Jurisdiction) Present: Syed Mahmud Hossain J Quamrul Islam Siddiqui J Mongal Paita Perkhiddah College………………………….Petitioner Vs. Government of Bangladesh and others…………………………………Respondents Judg......spondents Judgment April 23, 2007. Result: The Rule is made absolute. Case Referred to- Tafijul Huq Sarker Vs. Bangladesh and others, 3 BLC (AD) (1988) 135. Lawyers Involved: Md. Toufiq Inam - For the petitioner. Sufia Ahmed, Assistant Attorney-General - For the Responden..

Category: Others | Date: | Hits: 112

Nurul Huda Miah (Md) Vs. Dhaka Water Supply and Sewerage Authority and others, 1992, 21 CLC (HCD)

....ing been framed against the petitioner within one month of his suspension the same became void under the model rules and as such the petitioner submitted joining report on 29.11.88 with copy to Local Government Division and the same was referred to the Ministry of Establishment; that the Ministry of......- Protap Singh Vs. State of Punjab, AIR 1964 (SC) 72, Vice‑Chairman, EP Management Board Vs. Ghulam Nabi, 27 DLR (AD) 156; Abdur Rouf Vs. Abdul Hakim, 17 DLR (SC) 515; Khondkar Moshtak Ahmed Vs. Bangladesh, 34 DLR (AD) 222. Lawyers Involved: Mahmudul Islam with Israil Hossain, Advocates -...... DLR (HCD) (1992) 527.......r was head of the Commercial Department and responsible for failure of the Commercial Department to realise the dues of the authority; that respondent No.3, the Hon'ble Minister was not influenced by Md. Ismail Khan and the Minister as a routine work summoned the meeting to verify the trend of reali..

Category: Employment/Service Law | Date: | Hits: 231

Akramuzzaman Vs. Government of Bangladesh and others, 1999, 28 CLC (HCD)

....HCD) (2000) 209.......9.......2 DLR (HCD) (2000) 209.......D) 30. Lawyers Involved: Abdul Wadud Bhuiyan with Syed Mokaddas Ali, Advocates—For the Petitioner. Mainul Hosein with Md Mozammel Huq and Manjur Kadir Advocates—For Respondent No. 7. Md. Amir Hossain, Advocate—For Respondent Nos. 2-6. Writ Petition No. 2241 of 1999 with ..

Category: Others | Date: | Hits: 170

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......(1998) 357....... (HCD) (1998) 357.......ances of the case, we pass no order as to cost. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 357...

Category: Employment/Service Law | Date: | Hits: 186

Bangladesh Vs. CMA CGM Bangladesh Shipping Limited, 2009, 38 CLC (AD)

....g the business of cargo agents, for­warding agents, clearing agents and/or general agents for operators of air, sea, land and inland waterway carriage under­takings; that the respondent No.1 is the Government of Bangladesh, the respon­dent No.2 is the National Board of Revenue represented by its ......II ADC (2010) 673. ......hul Amin CJ Mohammad Fazlul Karim J Md. Tafazzul Islam J Md. Joynul Abedin J Bangladesh repre­sented by the Secretary, Ministry of Finance and others……..Petitioners Vs. CMA CGM Bangladesh Shipping Limited……………...Respondent Order January ......eal. Ed. This Case is also Reported in: VII ADC (2010) 673. ..

Category: Administrative Law | Date: | Hits: 318

Janapriya Rice Mills Ltd and 2 others Vs. Bangladesh, 1996, 25 CLC (HCD)

....involved common question of fact and law are being disposed of by this Judgment. 2. Learned Advocate for the petitioner after placing the petitions and other materials on record submitted that the Government having allowed the petitioner to pay its dues by deducting from the milling charge and ha......t Division (Special Original Jurisdiction) Present: Kazi Ebadul Hoque J Amirul Kabir Chowdhury J Janapriya Rice Mills Ltd and 2 others………………………Petitioners Vs. Bangladesh, represented by the Secretary, Ministry of Food, Bangladesh Secre­tariat, Dhaka & ot......gh Court Division (Special Original Jurisdiction) Present: Kazi Ebadul Hoque J Amirul Kabir Chowdhury J Janapriya Rice Mills Ltd and 2 others………………………Petitioners Vs. Bangladesh, represented by the Secretary, Ministry of Food, Bangladesh Secre­tariat, Dhaka &...... of Food, Bangladesh Secre­tariat, Dhaka & others……………………………Respondents Judgment December 2, 1996. Result: All the Rules are discharged. Lawyers Involved: Md. Rafiqul Islam, Advocate ‑ For the Petitioner. AM Aminuddin, Assistant Attorney‑General â€..

Category: Others | Date: | Hits: 146

Bangladesh Water Develop­ment Board Vs. Zakir Construction and Co. and another, 1995, 24 CLC (HCD)

....re of justice. In the result, the Rule is discharged without any order as to costs. Send a copy of the order to the Court once. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 261. ....... Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 261. ......upreme Court High Court Division (Civil Revisional Jurisdiction) Present: Md. Abdul Karim J Syed Amirul Islam J Bangladesh Water Develop­ment Board....................Petitioner Vs. Zakir Construction and Co. and another.....................Opposite Parties Judgment No...... Send a copy of the order to the Court once. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 261. ..

Category: Alternative Dispute Resolution | Date: | Hits: 521

British Airways Plc. Vs. Bangladesh Air Services Pvt. Ltd., 1996, 25 CLC (HCD)

....f Arbitration (Protocol and Convention) Act, 1937, as not maintainable, the Division Bench observed: "The legislative cover given by the Pakistan Legislative body to the notification issued by the Government of British India under section 2(1) of the Arbitration (Protocol and Convention) Act by ......996) 249. ......HCD) (1996) 249. ......py of this order to the trial Court at once. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 249. ..

Category: Alternative Dispute Resolution | Date: | Hits: 304

Sreemati Hari Rani Basak and others Vs. Government of Bangladesh and others, 2007, 36 CLC (HCD)

....ision (Civil) Present: AK Badrul Huq J Sreemati Hari Rani Basak being dead her heirs: I(i) Sree Narayan Chandra Basak and others………………………Plaintiffs-Petitioners Vs. Government of Bangladesh, represented by the Deputy Commissioner, Collectorate Building, P.S. Kotwal......l) Present: AK Badrul Huq J Sreemati Hari Rani Basak being dead her heirs: I(i) Sree Narayan Chandra Basak and others………………………Plaintiffs-Petitioners Vs. Government of Bangladesh, represented by the Deputy Commissioner, Collectorate Building, P.S. Kotwali, District-Dh......urt Division (Civil) Present: AK Badrul Huq J Sreemati Hari Rani Basak being dead her heirs: I(i) Sree Narayan Chandra Basak and others………………………Plaintiffs-Petitioners Vs. Government of Bangladesh, represented by the Deputy Commissioner, Collectorate Building, P.S....... 22 DLR HCD 48; 27 DLR AD 156; Arati Rani Paul Vs. Sudarshan Kumar Paul and others, (2004) 56 DLR AD (2004) 73. Lawyers Involved: Mir Mokhlesur Rahman with Nasrin Parveen - For Petitioners. Md. Firoz Shah, Deputy Attorney-General - For Govt. Opposite Party No.1. Rafiqul Islam Bakshi - F..

Category: Procedural Law | Date: | Hits: 108