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Tara Mohan Barman Vs. Ananda Mohan Barman & others, 1995, 24 CLC (HCD)

....he suit holding including suit land and began to possess the suit land exclusively. After death of Darika Nath his only son, the plaintiff acquired the same and is in possession by paying rent to the Government. In the SA khatian names of Girish Chandra and Sukomon Singh were wrongly recorded with t......tay order granted earlier by this Court is hereby vacated. Send down the records to the Court below at once. No order as to costs. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 226. ......lso Reported in: 48 DLR (HCD) (1996) 226. ......an Barman...............Petitioner Vs. Ananda Mohan Barman & others..............Opposite Party Judgment June 18, 1995. Result: The Rule is discharged. Cases Referred to- Md. Arabulla Vs. Durga Prasad Tribedi, 11 DLR 539; Shah Bann Begum Vs. Iftekhar Mohammad Khan, 8 DLR..

Category: Property Law | Date: | Hits: 123

Mahbuba Wahed Vs. Secretary Ministry of Home Affairs & others, 1989, 18 CLC (HCD)

....­tendent, Dhaka Central Jail forthwith at the cost of the petitioner by Special Messenger for compliance with the order of this Court. Ed. This Case is also Reported in: 42 DLR (HCD) (1990) 153....... detention order has been served. 3. An affidavit-in-opposition on behalf of the opposite party No.1 has been sworn by an Assistant Secretary (Security) of the Ministry of Home Af­fairs, Govt. of Bangladesh, wherein it has been stat­ed that the detaining authority having been satisfied that the......preme Court High Court Division (Dhaka) (Criminal Original Jurisdiction) Present: Latifur Rahman J AM Mahmudur Rah­man J Mahbuba Wahed………………………Petitioner Vs. Secretary Ministry of Home Affairs & others…………….Opposite Parties Judgment ......­tendent, Dhaka Central Jail forthwith at the cost of the petitioner by Special Messenger for compliance with the order of this Court. Ed. This Case is also Reported in: 42 DLR (HCD) (1990) 153...

Category: Criminal Law | Date: | Hits: 109

Abdul Ghani Khan Vs. Abdul Rashid Khan & others, 1989, 18 CLC (HCD)

.... defendants have been depositing the rent since then in the House Rent Control Case No.38 of 1984 and as such they are not defaulters. The defendant’s further case is that they paid rent to the Government and taxes to the Pourashava for the suit premises amounting to more man Tk.500/-. The pla......ade absolute. The judgment and decree passed by the learned Small Cause Court Judge are set aside and the suit is de­creed. Ed. This Case is also Reported in: 42 DLR (HCD) (1990) 147. ...... ....... A. Haque and Co. & another Vs. Alhaj Zakir Hossain, 40 DLR (AD) 109; M/s. Binning & Co. (Bangla-desk) Ltd. Vs. M/s. Nasirabad Properties Ltd. 40 DLR (AD) 89; Mir MA. Razzaque and others Vs. Md. Abdul Hai Patwari 5 BLD (AD) 97; Md. Golam Hossain Vs. Mst. Asia Khatun Chowdhury, 40 DLR (AD); ..

Category: Tenancy Law | Date: | Hits: 214

Satya Ranjan Sarda Vs. State, 1989, 18 CLC (HCD)

....ia Vs. Bangladesh and another, Zahidul llaque Vs. Bangladesh and another and the case of Wahed Ali & others Vs. State reported in 32 DLR (AD) at pages 35, 33 and 229. In the case of Siraj Mia Vs. Government reported in 32 DLR page 35 the principle laid down is that under the Special Towers Act, ...... to- 29 DLR 428; 30 DLR 125; 31 DLR 242-243; Md. Kalu Bhuiya alias Kalu Vs. Special Tribunal No. II, 30 DLR 125; Nuru alias Nurul Is­lam and others Vs. State and another 31 DLR 241; Siraj Mia Vs. Bangladesh and another; Zahidul Haque Vs. Bangladesh and another; Wahed Ali & others Vs. State 3......t Division (Rangpur Bench) (Criminal Revisional Jurisdiction) Present: Syed Misbahuddin Hossain J HabiburRahman Khan J Satya Ranjan Sarda………………..Accused Petitioner Vs. The State……………………...............Opposite Party Judgment June 27, 1989. ...... The State……………………...............Opposite Party Judgment June 27, 1989. Result: The Rule is made absolute. Cases Referred to- 29 DLR 428; 30 DLR 125; 31 DLR 242-243; Md. Kalu Bhuiya alias Kalu Vs. Special Tribunal No. II, 30 DLR 125; Nuru alias Nurul Is­lam and oth..

Category: Criminal Law | Date: | Hits: 103

Ahmed Silk Mills Ltd. Vs. Bangladesh Shilpa Bank, 1989, 18 CLC (HCD)

....ing of Tk.1,10,45, 529/= as due from the plaintiff-petitioner by the opposite party's letter dated 28.9.80 is mala fide, illegal, etc., that the agreements signed by the plaintiff-petitioner with the Government on 4.2.71 and with the opposite party on 25.3.77 is void, unenforceable and illegal being......Court High Court Division (Dhaka) (Civil Revisional Jurisdiction) Present: Mustafa Kamal J Md. Mozammel Hoque J Ahmed Silk Mills Ltd.......................Petitioner Vs. Bangladesh Shilpa Bank.............Opposite Party Judgment June 29, 1989. Result: The Ru......upreme Court High Court Division (Dhaka) (Civil Revisional Jurisdiction) Present: Mustafa Kamal J Md. Mozammel Hoque J Ahmed Silk Mills Ltd.......................Petitioner Vs. Bangladesh Shilpa Bank.............Opposite Party Judgment June 29, 1989. Result: ......as to costs. Ed. This Case is also Reported in: 42 DLR (HCD) (1990) 140. ..

Category: Civil Law | Date: | Hits: 119

Dr. S.M. Abu Taher and Others Vs. State, 1989, 18 CLC (HCD)

....lenged before us. 3. Mr. Humayun Hussain Khan, the learned Advocate appearing for the accused petitioners, sub­mits that section 339D contemplates revival of a case on an application filed by the Government and in the present case the Public Prosecutor who filed the application for revival had n....... The Ses­sions Judge Tangail is further directed to proceed with the case in accordance with law at once without any further delay. Ed. This Case is also Reported in: 42 DLR (HCD) (1990) 138. ......Court High Court Division (Dhaka) (Criminal Revisional Jurisdiction) Present: Latifur Rahman J AM Mahmudur Rahman J Dr. S.M. Abu Taher and Others...............Petitioners Vs. The State…………................................Opposite Party Judgment June 27, 1....... The Ses­sions Judge Tangail is further directed to proceed with the case in accordance with law at once without any further delay. Ed. This Case is also Reported in: 42 DLR (HCD) (1990) 138. ..

Category: Procedural Law | Date: | Hits: 143

Sheikh Hasina Vs. State & another, 2010, 39 CLC (HCD)

....e, Dhaka should not be quashed and/or pass such other or further order or orders as to this Court may seem fit and proper. 3. The fact relevant for disposal of the rule, in short, is that the then Government through the Bureau of Anti Corruption lodged FIR with Tejgaon Police Station upon which T......Penal Code read with section 5(2) of the Prevention of Corruption Act (Act No. II of 1947) was started, alleging inter alia that in the financial year 1995-96 a proposal for purchase of a Frigate for Bangladesh Navy with necessary specifications was sent to the Director General, Defence Purchase fro...... 26. ......is quashed in respect of the petitioner. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 26. ..

Category: Criminal Law | Date: | Hits: 106

Rajshahi Girls' High School, Rajshahi and others Vs. Md. Abdul Mannan, 1995, 24 CLC (HCD)

....s under probation in case there is no stipulation in the Regulations that after the completion of period of probation an employee will be automatically confirmed. Regulation 6 of the Recognised Non‑Government Secondary School Teachers (Board of Intermediate and Secondary Education, Rajshahi) Terms......ecisions relied on by Mr. Abdus Samad reported in 31 DLR (AD) 298, has no manner of application in the instant case because in that case in interpreting the relevant service rules as framed under the Bangladesh Bank Order, the Court found that an employee will remain on probation even after expiry o......6) 472. ...... ..

Category: Employment/Service Law | Date: | Hits: 166

People's Republic of Bangla­desh Vs. Chairman, Court of Settlement of Bangladesh and another, 1995, 24 CLC (HCD)

....eral drawing our attention to the above quoted paragraph made an attempt to explain the delay. More steps are to be taken at different stages of the different agencies or different departments of the Government move this petition. Such inordinate delay does not inspire in us any confidence to condon......cial Original Jurisdiction) Present: AM Mahmudur Rahman J Mahfuzur Rahman J People's Republic of Bangla­desh, represented by the Secretary, Ministry of Housing and Works, Govern­ment of Bangladesh.......................Petitioner Vs. Chairman, Court of Settlement of Bangladesh, B......ahmudur Rahman J Mahfuzur Rahman J People's Republic of Bangla­desh, represented by the Secretary, Ministry of Housing and Works, Govern­ment of Bangladesh.......................Petitioner Vs. Chairman, Court of Settlement of Bangladesh, Bangladesh Abandoned Buildings, Dhaka and anothe......n we need not embark on discussion on merit. In the result, this petition is rejected on the ground of inordinate delay. No costs. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 502. ..

Category: Limitation Law | Date: | Hits: 230

Eliadah McCord Vs. State, 1995, 24 CLC (HCD)

....No.1664 of 1993. Judgment Md. Mozammel Hoque J.- This suo motu Rule was issued in Criminal Miscellaneous Case No.2085 of 1995 on 18‑7‑95 directing the secretary, Ministry of Home Affairs, Government of Bangladesh, the Deputy Commissioner, Dhaka, and the DIG (Prison), Dhaka Central Jail, ......3. Judgment Md. Mozammel Hoque J.- This suo motu Rule was issued in Criminal Miscellaneous Case No.2085 of 1995 on 18‑7‑95 directing the secretary, Ministry of Home Affairs, Government of Bangladesh, the Deputy Commissioner, Dhaka, and the DIG (Prison), Dhaka Central Jail, Dhaka, to show...... DLR (HCD) (1996) 495....... Baridhara, Gulshan, Dhaka, for information. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 495...

Category: Criminal Law | Date: | Hits: 162

Habibur Rahman Bhuiyan (Md.) and others Vs. Galman Begum and others, 2011, 40 CLC (AD)

....emptor's father and later on under her. Pre-emptor requested the respondent No.2, the vendor on dif­ferent occasions to partition the joint property left by her parents. Pre-emptor's husband being a Government Servant, she used to stay with her hus­band at different places and so she could not vis......my learned brother Surendra Kumar Sinha J. Courts Order The appeal is allowed by majority decision without any order as to costs. Ed. This Case is also Reported in:64 DLR (AD) (2012) 133. ......ar Sinha J MA Wahhab Miah J Nazmun Ara Sultana J Md. Imman Ali J Md. Mamtaz Uddin Ahmed J Md. Shamsul Huda J Habibur Rahman Bhuiyan (Md.) and others..................Appellants Vs. Galman Begum and others……………………………………………Respondents Judg......al is allowed by majority decision without any order as to costs. Ed. This Case is also Reported in:64 DLR (AD) (2012) 133. ..

Category: Property Law | Date: | Hits: 138

Assistant General Manager, Rupali Bank, Barisal & others Vs. Nazrul Islam Miah, 1986, 15 CLC (HCD)

....n to entertain the suit. The case of the defendant-petitioner was that the Bank employees of the country having gone on strike, the services of all the Bank emplo­yees were declared essential by the Government and as the plaintiff-opposite party Nos.1-11 refrained from attending office on and from ......¦â€¦â€¦â€¦Respondent Judgment May 25, 1986. Result: The rule is dis­charged. Cases Referred to- Abdul Hannan Sikder and others Vs. Bangla­desh Bank & others, 31 DLR (AD) 298; Bangladesh Freedom Figh­ters Welfare Trust Vs. Burhanuddin Chowdhury, 33 DLR (AD) 321; Farzand Ali ...... Court High Court Division (Civil Revisional Jurisdiction) Present: Syed Misbahuddin Hossain J Assistant General Manager, Rupali Bank, Barisal & others……………Petitioners Vs. Nazrul Islam Miah……………………………………………Respondent Judgment ......erfere with the impugned Judgment and decree of the Courts below. Accordingly, the rule is discharged without any order as to costs. Ed. This Case is also Reported in: 39 DLR (HCD) (1987) 167. ..

Category: Labour and Industrial Law | Date: | Hits: 186

Ruhul Amin Vs. Director, Drug Adminis­tration and Licencing Authority (Drugs), Di­rectorate of Drug Administration, 1986, 15 CLC (HCD)

....er section 10(c), no person shall import any drug for the import of which a licence is prescribed, otherwise than under, and in ac­cordance with, such licence. Under section 12(2) (a), the (Central) Government may make rules, specifying the authority to issue the same. Under section 18(c), no perso......spondents. Writ Petition No.148 of 1985. Judgment Mustafa Kamal J.- This rule was obtained by the petitioner under Article 102 (2) of the suspended Constitution of the People's Re­public of Bangladesh as restored under the Constitution (Partial Revival) (Second) Order, 1985 read with the P......8. ......d to the Secretary, Ministry of Health and Family Planning for his perusal and necessary action. AM Mahmudur Rahman J. - I agree. Ed. This Case is also Reported in: 39 DLR (HCD) (1987) 158. ..

Category: Others | Date: | Hits: 184

Dhaka Chamber of Commerce and In­dustry Vs. Secretary, Ministry of Works of the Govt. of the People's Republic of Bangla­desh and others, 1986, 15 CLC (HCD)

.... affidavit the petitioner stated that there is already an appointment of respondent No.1, representing Metropolitan Chamber of Commerce to the Board of Trus­tee of the Dhaka Improvement Trust by the Government on 06.06.1985 (Annexure-J). That gaz­ette notification was again impugned in that supple......espondents. Writ Petition No.150 of 1985. Judgment Anwarul Haque Chowdhury J. - This appli­cation by the Dhaka Chamber of Commerce and Industry under Article 102 of the People's Republic of Bangladesh as revived, is directed against the Circular No.Sectt 11/M-181/81 (branch) 341/3 dated 25...... High Court Division (Special Original Jurisdiction) Present: Sultan Hossain Khan J Anwarul Haque Chowdhury J Dhaka Chamber of Commerce and In­dustry………………Petitioner Vs. Secretary, Ministry of Works of the Govt. of the People's Republic of Bangla­desh and others......€¦â€¦â€¦Respondent Judgment March 2, 1986. Result: The rule is discharged. Lawyers Involved: K. S. Nabi with Masood R. Subhan, Advocates - For the Petitioner. Rafique-ul Huq with Md. Fazlul Haque, Advocates -For the Respondents. Writ Petition No.150 of 1985. Judgment An..

Category: Civil Law | Date: | Hits: 162

Humayun Kabir (Md.) Vs. Md. Mozaffar Hossain and others, 1994, 23 CLC (HCD)

....ts appellate power." Mr. Khondaker also referred the case of Muktar Hossain Majumder Vs. Abul Bashar Majumder and others, reported in 38 DLR 41 wherein it has been held "Election Tribunal under Local Government Ordinance, 1984, is not a civil Court, an appeal to the District Judge against the decisi......ion Tribunal Case No.1 of 1993 is hereby restored and affirmed. The order of stay granted earlier by this Court is hereby vacated. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 560. ......eported in: 48 DLR (HCD) (1996) 560. ...... vacated. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 560. ..

Category: Election Law | Date: | Hits: 273

Amalendu Majumder Vs. Selimuzzaman, 1986, 15 CLC (HCD)

....g Election Appeal No.1 of 1986 before the learned District Judge, Pirojpur. The learned District Judge took the view that no appeal lay from the order under sub-section (4) of section 29 of the Local Government (Union Parishads) Ordinance, 1983 and, accordingly, rejected the memorandum of appeal pre......herefore, committed no error in passing the impugned order. The Rule is, accordingly, discharged with­out any order as to costs. Ed. This Case is also Reported in: 39 DLR (HCD) (1987) 140. ......CD) (1987) 140. ....................Petitioner Vs. Selimuzzaman.......................................Opposite Party Judgment September 25, 1986. Result: The Rule is discharged. Case Referred to- Md. Kabir Vs. Momtazuddm, B.C.R. 1985 (HCD) 276. Lawyers Involved: Abdul Quayum, Advocate -For..

Category: Election Law | Date: | Hits: 309

Abul Hussain Md. alias Abul Vs. Secretary, Ministry of Home Affairs, Government of Bangladesh and Others, 1991, 20 CLC (HCD)

.... Hussain Mohammad Habibur Rahman J Mainur Reza Chowdhury J Abul Hussain Md. alias Abul.....................................Petitioner Vs. Secretary, Ministry of Home Affairs, Government of Bangladesh and Others………..………………………...Respondents Judgme......mad Habibur Rahman J Mainur Reza Chowdhury J Abul Hussain Md. alias Abul.....................................Petitioner Vs. Secretary, Ministry of Home Affairs, Government of Bangladesh and Others………..………………………...Respondents Judgment May 2......iginal Jurisdiction) Present: Fazle Hussain Mohammad Habibur Rahman J Mainur Reza Chowdhury J Abul Hussain Md. alias Abul.....................................Petitioner Vs. Secretary, Ministry of Home Affairs, Government of Bangladesh and Others………..……â......1992) 521...

Category: Criminal Law | Date: | Hits: 105

Anwar Ali (Md) Vs. Chairman, Rajdhani Unna­yan Kartipakha (RAJUK) & others, 1991, 20 CLC (HCD)

....e the promulgation of the Building Construction Act, 1952. The petitioner paid rent regularly for the premises to the owners. The lands of the premises along with the other lands were acquired by the Government of erstwhile East Pakistan for the purpose of development of Dolaikhal area and the peopl......uthority. In the result, the Rule is discharged but without any order as to costs. The stay order passed by this court is vacated. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 515. ......preme Court High Court Division (Special Original Jurisdiction) Present: Fazle Hussain J Mohammad Habibur Rahman J Mainur Reza Chowdhury J Anwar Ali (Md)...........Petitioner Vs. Chairman, Rajdhani Unna­yan Kartipakha (RAJUK) & others……….…Respondents Judgm..........Petitioner Vs. Chairman, Rajdhani Unna­yan Kartipakha (RAJUK) & others……….…Respondents Judgment May 9, 1991. Result: The Rule is discharged. Lawyers Involved: Md. Nurul Huq with AKM Shahidul Huq, Advocates ‑For the Petitioner. Ziaur Rahman Khan, Advocate..

Category: Property Law | Date: | Hits: 92

Rezaul Karim Vs. Jahanara Begum, 1991, 20 CLC (HCD)

....ial is held within three months from receipt of this Court's order by the trial Court. The learned Advocate for the plaintiff opposite party apprehends that subsequent suit (TS No.62 of 1990) wherein Government has been impleaded as party may take innumerable adjournments for filing the written stat......eipt of this order by the trial court. In the result, the Rule is disposed of as indicated above. I make no order as to cost. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 508.......DLR (HCD) (1992) 508.......eipt of this order by the trial court. In the result, the Rule is disposed of as indicated above. I make no order as to cost. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 508...

Category: Property Law | Date: | Hits: 112

Super Oil Refinery Ltd. Vs. Commissioner Customs and others, 2010, 39 CLC (HCD)

....h law as early as possible preferably within 1(one) month from the date of receipt of this judgment and order. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 6; 30 BLD (HCD) (2010) 149. ....... So the imported consignment is still under the control and authority of the respon­dent No.1 Commissioner. 5. It is further stated that the pre-shipment inspection agent "Bureau Veritas (BIVAC) Bangladesh Ltd." vide a letter dated 3-11-2003 sought a ruling purportedly under section 219 of the ...... ......is judgment and order. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 6; 30 BLD (HCD) (2010) 149. ..

Category: Fiscal/Taxation Law | Date: | Hits: 172