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Shahidul Islam Vs. State and another, 2011, 40 CLC (HCD)

....Case No.124 of 2007 is hereby affirmed. The order of stay passed at the time of issuance of the Rule is hereby recalled and vacat­ed. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 471. ......at the accused took a loan of Taka 3,00,000 (three lakh only) from the complainant for his busi­ness purpose. On demand of the said loan, the accused gave him a cheque dated 30-5-2006 of Islami Bank Bangladesh Limited, Chiringa Branch for Taka 2,00,000 (Two lakh only) and another cheque dated 31-5-...... 471. ......Tauhid Uddin Ahmed, 15 BLC 39; Ahsan Habib Chowdhury Vs. Multi-drive Ltd., 14 BLC 66; Satya Narayan Poddar Vs. State, 53 DLR 403; Abdur Rahman Vs. Maklis Ali, 31 DLR (AD) 118. Lawyers Involved: Md. Zafar Alam, Advocate with HMA Alam, Advocates - For the Petitioner. Md. Imam Hassan, Advocate..

Category: Procedural Law | Date: | Hits: 114

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 ......me Court High Court Division (Special Original Jurisdiction) Present: Bijan Kumar Das J Faruque Ahmed J Javed Alam (Md.).........................................Petitioner Vs. Bangladesh and others..................................Respondents Judgment March 4, 2001. ...... ...... This Case is also Reported in: 55 DLR (HCD) (2003) 521. ..

Category: Property Law | Date: | Hits: 106

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......aneous Appeal No.386 of 1975 are set aside and that of the learned trial Court are allowed in the light of the observation made above. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 517.......(2003) 517.......d in the light of the observation made above. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 517...

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 ......ion) 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 May 10, 2001. Result: The Ru...... Court 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 Ju...... of with the dove observations. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 510. ..

Category: Others | Date: | Hits: 207

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...... (Special Original Jurisdiction) Present: Md. Abdul Jalil J Naimuddin Ahmed J Hasina Karim…………………….Petitioner. Vs. The People's Republic of Bangladesh, represented by the Secretary, Ministry of Home Affairs, Secretariat Building, Dhaka and ......eme Court High Court Division (Special Original Jurisdiction) Present: Md. Abdul Jalil J Naimuddin Ahmed J Hasina Karim…………………….Petitioner. Vs. The People's Republic of Bangladesh, represented by the Secretary, Ministry of Home Affair......, 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......1998) 357. ......(HCD) (1998) 357. ......ces 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: 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......r the Respondent No.2. Writ Petition No.10 of 1985. Judgment Mustafa Kamal J. - This Rule obtained under the revived Article 102 (2) of the suspended Constitution of the People's Republic of Bangladesh under the Constitution (Partial Revival) (Second) Order 1985 read with the Proclamation O......rt Division (Dhaka Bench) (Special Original Jurisdiction) Present: Mustafa Kamal J AM Mahmudur Rah­man J Dr. MB Rahman…………………………………………Petitioner Vs. Deputy Commissioner of Taxes………………….Respondents Judgment July 15, 1986. ......rs, 28 DLR 381; Jute Works Vs. Chairman, National Board of Revenue (Writ Petition No.262 of 1978). Lawyers Involved: Asrarul Hossain, with Syed Shakkawat Ali, Advocates - For the Petitioner. Md. Delwar Hossain, Assistant Attorney Ge­neral - For the Respondent No.2. Writ Petition No.10 o..

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....../s. Shahbaz International, Topkhana Road, Dhaka and proposed to do joint business in N.O.C. Visa with him. Complainant in good faith bel­ieved the statement of the accused and said that returning to Bangladesh in consultation with his relations he would take a decision to do the business of N.O.C.-...... (Chittagong Bench) (Criminal Revisional Jurisdiction) Present: Fazle Hussain Moham­mad Habibur Rahman J Abdul Jalil J Musa Bin Shamsher..................................Petitioner Vs. Ansarul Huq Ansari & others.........................Opposite-Parties Judgment May 1...... Let the operation of this judgment be stayed for four weeks, as prayed for, by the learned Advocate for the accused petitioner for giving him time to move the Appellate Division if he so likes. Md. Abdul Jalil J. - I agree. Ed. This Case is also Reported in: 39 DLR (HCD) (1987) 24. ..

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 ......ent: Nurul Huque Bhuiyan J Abdul Mannan and others……………………………………………………….….………….Petitioners Vs. Government of the Peo­ple's Republic of Bangladesh & others…………….Opposite-Parties Judgment August 23, 1986. Result: ......ench) (Civil Revisional Jurisdiction) Present: Nurul Huque Bhuiyan J Abdul Mannan and others……………………………………………………….….………….Petitioners Vs. Government of the Peo­ple's Republic of Bangladesh & others…………….Opposite-Part......lt: The Rule is made absolute. Case Referred to- Mvi. Azizur Rahman and others petitioners Vs. Kailas Chandra Bumecha & others Opposite parties, 25 DLR (HC), 252. Lawyers Involved: Md. Ruhul Amin-II, Advocate - For the Petitioner. Humayan Habibibur Rasul, Advocate-For the OppoÂ..

Category: Procedural Law | Date: | Hits: 139

Joinal Abedin Jamal and others Vs. Noor Afza, 2010, 39 CLC (HCD)

....nd any merit in this appeal. Hence the appeal is dismissed and the con­nected Rule is also discharged without any order as to cost. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 432. ...... = 1963 (3) SCR 209; Khardah Company Limited Vs. Raymon and Company (India) Private Limited, AIR 1962 (SC) 1810; Sree Sudhir Chandra Saha Vs. Matiran Bewa, 6 BLD (AD) 182; Registrar, Supreme Court of Bangladesh Vs. Md. Shafiuddin, 10 BLT (AD) 50; Bangladesh Fisheries Research Institute Vs. Mr. Bhuiy......ourt High Court Division (Civil Appellate Jurisdiction) Present: Mirza Hussain Haider J Md. Abu Zafor Siddique J Joinal Abedin Jamal and others........................Appellants Vs. Noor Afza…………………..............Respondent Judgment April 28, 2010. Resu...... order as to cost. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 432. ..

Category: Alternative Dispute Resolution | Date: | Hits: 251

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......ral ‑ For the State. Civil Order No. 7550 of 1991. Judgment ARM Amirul Islam Chowdhury J.- This is an application under Article 108 of the Constitution of the People's Republic of Bangladesh read with section 2 of the Contempt of Court Act, 1926. 2. It is stated in the appl...... Court Division (Civil Revisional Jurisdiction) Present: ARM Amirul Islam Chowdhury J Md. Sirajul Islam J Dr. Md. Mahiuddin..............................Petitioner Vs. Dr. Hasanuzzaman Chow­dhury and others ................................Opposite‑parties...... 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...... State ……………..Opposite Party Judgment July 23, 1992. Result: 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 Ban......urt High Court Division (Criminal Miscellaneous Jurisdiction) Present: Habibur Rahman Khan J Md. Abdul Mannan J Serajul Alam Khan……………...Petitioner Vs. State ……………..Opposite Party Judgment July 23, 1992. Result: ...... Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 603...

Category: Criminal Law | Date: | Hits: 156

Hajee Abdul Latif Vs. Abdul Huq & others, 1991, 20 CLC (HCD)

....ed 24.10.1951 corresponding to 6th Kartick, 1358 BS and made over possession of the suit land to this de­fendant and realised rent from him till the acquisition of the rent receiving interest by the Government The defendant got his name recorded in an stages of SA and RS operation, mutated his name......assment and expenses to the defendant. For the reasons stated above, this Rule is discharged without any order for costs. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 601. ......rted in: 44 DLR (HCD) (1992) 601. ......assment and expenses to the defendant. For the reasons stated above, this Rule is discharged without any order for costs. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 601. ..

Category: Civil Law | Date: | Hits: 166

Abdul Aziz Vs. State, 1990, 29 CLC (HCD)

....inant is entitled to prefer an appeal from an order of acquittal in a cast instituted upon a Complaint petition. The privilege of filing an appeal from an order of inadequate sentence is given to the Government. Being confronted with this legal position the learned Advocate submits that under sub‑...... the reasons stated above, this appeal has no merit. Accordingly, I dismiss the appeal in limine on the ground of incompetency. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 594. ......ed in: 44 DLR (HCD) (1992) 594. ......stice in not awarding proper sentence against the Respondents. He has taken me through the judgment of the court below and submits that in view of the deposition of P.W.2, the victim Mohiuddin, P.W.5 Md. Tofazzal Hossain and P.W.6 Md. Habibur Rahman the prosecution has sufficiently proved that Mohud..

Category: Criminal Law | Date: | Hits: 110

Pubali Bank Limited Vs. Monsur Ali Akanda and others, 1990, 29 CLC (HCD)

....orker and dismissed as such under the Labour Law, a question arose whether the suit was barred or not. Their Lordships of the Appellate Division on a reference to the case of Jogesh Chandra Datta Vs. Government of Bangladesh, 30 DLR 219 hold that the suit was impliedly barred because of a special re...... Md. Shahabuddin Vs. The Janata Bank, 41 DLR 94; Senior Manager, Dosta Textile Mills Ltd. & another Vs. Sudhangsu Bikash Nath, BCR 1987(AD) 454 = 40 DLR (AD) 45; Jogesh Chandra Datta Vs. Govt. of Bangladesh, 30 DLR 219; Wolverhampton Now Waterworks Co. Vs. Hawkesford, (1989) 141 ER 486. La...... (1992) 589.......titioner Vs. Ershad Ali Fakir and others ............Opposite Parties Judgment August 30, 1990. Result: The rules are made absolute. Cases Referred to- Md. Shahabuddin Vs. The Janata Bank, 41 DLR 94; Senior Manager, Dosta Textile Mills Ltd. & anoth..

Category: Labour and Industrial Law | Date: | Hits: 176

Liton Vs. State and others, 1995, 24 CLC (HCD)

.... This Rule is therefore, discharged not on merit but as premature. The order of stay granted earlier by the Court is hereby vacated. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 102. ......ustice apparent on the face of the proceedings or where the accusation or evidence on record does not justify a charge of any offence, or where trial is an abuse of the process of the Court. 4. In Bangladesh by the Law Reforms Ordinance of 1978 a new procedure has been prescribed for trial of Ses......: 48 DLR (HCD) (1996) 102. ......d earlier by the Court is hereby vacated. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 102. ..

Category: Procedural Law | Date: | Hits: 140

Bengal Steel Works Limited Vs. Registrar of Joint Stock Companies and Firms, 1995, 24 CLC (HCD)

....from drawing up this order and submit receipt of the same showing payment. The cost of the application will be borne by the company. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 101.......nnual general meeting making it impracticable to hold the adjourned meeting or lay the balance sheet. 4. The presentation of this application was also published in the national dailies and in the Bangladesh Gazette. No one has come forward to oppose the application. 5. In the circumstances t......in: 48 DLR (HCD) (1996) 101.......from drawing up this order and submit receipt of the same showing payment. The cost of the application will be borne by the company. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 101...

Category: Company Law | Date: | Hits: 358

SA Alim Vs. Dr. Md. Golam Nabi and another, 1994, 23 CLC (HCD)

....ibunal, so far it relates to the appellant, is set aside. There will be no order as to costs. Send down the LC records immediately. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 98. ......Judgment Md. Mozammel Hoque J.- This First Miscellaneous Appeal, at the instance of Mr. SA Alim, President of the Joypurhat District Bar Association, is directed against the Judgment passed by the Bangladesh Bar Council Tribunal No.1 dated 3.5.94 in Complaint Case No.25 of 1992. 2. By the impu....... ......s. Send down the LC records immediately. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 98. ..

Category: Others | Date: | Hits: 139

Hussain Mohammad Ershad Vs. State, 1995, 24 CLC (HCD)

....esaid building at Nazimuddin Road, Dhaka, had been established as a Court of Sessions Judge with effect from 28th August, 1995. Section 9(2) of the Code of Criminal procedure runs as follows: "The Government may, by general or special order in the official Gazette, direct at what place or the Cou......sh PS Case No.23(2)95 shall not be set aside. 2. Short facts of this case are, that this is an application under sections 439/435 of the Code of Criminal Procedure riled by the former President of Bangladesh. Mr. Hussain Mohammad Ershad, challenging the order dated 16.8.95 passed by the Sessions ......ision (Criminal Revisional Jurisdiction) Present: Md. Mozammel Hoque J Mahfuzur Rahman J Hussain Mohammad Ershad [former President Lieutenant General (Rtd.)]..............Petitioner Vs. State ............Opposite Party Judgment November 9, 1995. Result: The Rule is ......t, 1995. Let an advance order be issued. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 95. ..

Category: Criminal Law | Date: | Hits: 121

Rup Charan Das @ Sree Rupcharan Das & another Vs. Government of the People's Republic of Bangladesh and others, 1995, 24 CLC (HCD)

....gh Court Division (Special Original Jurisdiction) Present: AM Mahmudur Rahman J Mahfuzur Rahman J Rup Charan Das @ Sree Rupcharan Das & another................Petitioners Vs. Government of the People's Republic of Bangladesh and others.............Respondents Judgment ......Jurisdiction) Present: AM Mahmudur Rahman J Mahfuzur Rahman J Rup Charan Das @ Sree Rupcharan Das & another................Petitioners Vs. Government of the People's Republic of Bangladesh and others.............Respondents Judgment May 21, 1995. Result: The applica......t High Court Division (Special Original Jurisdiction) Present: AM Mahmudur Rahman J Mahfuzur Rahman J Rup Charan Das @ Sree Rupcharan Das & another................Petitioners Vs. Government of the People's Republic of Bangladesh and others.............Respondents Judgm......ondents Judgment May 21, 1995. Result: The application is rejected. Case Referred to- MA Hai and others Vs. Trading Corporation of Bangladesh, 8 BLD 84 (AD). Lawyers Involved: Md. Abu Bakr Siddique, Advocate - For the Petitioners. Writ Petition No. 924 of 1995. Judgment..

Category: Property Law | Date: | Hits: 95