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Lal Banoo and others Vs. Md. Yasin Abdul Aziz and others, 1989, 18 CLC (HCD)

....e plaintiff as the heirs and successors of Faloo's two daughter Joytonnessa and Anwara Bibi are entitled to 1/3rd share in the suit property including 1/3rd share in the com­pensation awarded by the Government in respect of the acquired plots. In his cross examination he stated that he goes to the ...... the result the appeal is dismissed without costs. The Judgement and decree passed by the learned Subordinate Judge, Dhaka is affirmed. Ed. This Case is also Reported in: 42 DLR (HCD) (1990) 335.......ed in: 42 DLR (HCD) (1990) 335....... Division (Original Civil Jurisdiction) Present: Fazle Hussain Mo­hammad Habibur Rah­man J Ismailuddin Sarker J Lal Banoo and others……………....................Appellants Vs. Md. Yasin Abdul Aziz and others..................Respondents Judgment June 28, 1989 ..

Category: Property Law | Date: | Hits: 135

Karnafully Paper Mills Sramik Karmachari Union Vs. Registrar of Trade Union, 1989, 18 CLC (HCD)

....ack to the learned Subor­dinate Judge for decision on merit. The Rule is accordingly made absolute without any order as to costs. Ed. This Case is also Reported in: 42 DLR (HCD) (1990) 329. ......Assistant Judge, Second Court at Sadar Chittagong being Oth­er Suit No.68 of 1988. Both the Rules are being disposed of under this judgment. 2. The brief facts leading to this Rule are these. The Bangladesh Chemical Industries Corporation (BCIC) had a project at Kaptai, Chittagong Hill Tracts kn......Registrar of Trade Union...................................Opposite Parties Judgment July 23, 1989. Result: The Rule is made absolute. Cases Referred to- Secretary of State Vs. Mask and Co., 44 C.W.N., 709; Wolverhampton New Water Works Compa­ny Vs. Hawkesford, 37 L.J. 248; Mian S......D) (1990) 329. ..

Category: Labour and Industrial Law | Date: | Hits: 179

Major (Retd.) M Asaduzzaman Vs. District Magistrate, Jessore and others, 1999, 28 CLC (HCD)

....easons in writing. 14. In the impugned order no reason whatsoever has been recorded. Thus there has been gross violation of section 18 of the Arms Act. Section 26 of the Arms Act provides that the Government may at any time order or cause to be seized any arms, ammunition or military stores in th......ith effect from its date of expiry (if not already renewed) within 2(two) months from the date of receipt of the copy of this judgment. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 471.......ion (Special Original Jurisdiction) Present: Md. Fazlul Haque J Md. Abdul Matin J Major (Retd.) M Asaduzzaman……………………..Petitioner Vs. District Magistrate, Jessore and others…………………………Respondent Judgment June 21, 1999. Result: The R......1...

Category: Criminal Law | Date: | Hits: 132

Mokarram Hossain and others Vs. ADC (Rev) Pabna for Vested and Non-Resident Property (Land and Building) Pabna & others, 1998, 27 CLC (HCD)

....f Suphir Kumar Lahiri in SA Khatian and, as such, it was listed illegally as vested and non-resident property in case No.159 of 1966-67. So the suit has been filed for declaration of title. Defendant Government contested by filing written statement. Defendant’s case is that Suphir Kumar Lahiri, th......e revision has no merits and it is disposed of accordingly with aforesaid observation, findings and direction. No order as to costs. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 470.......tion. No order as to costs. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 470.......se is also Reported in: 51 DLR (HCD) (1999) 470...

Category: Property Law | Date: | Hits: 130

Bhawal Raj Estate Court of Wards Vs. Rajdhani Unnayan Kartripakkha and another, 1998, 27 CLC (HCD)

....he result, the Rule is discharged but without any order as to costs. Consequently the injunction granted by this Court is also vacated. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 462.......he result, the Rule is discharged but without any order as to costs. Consequently the injunction granted by this Court is also vacated. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 462.......sion (Special Original Jurisdiction) Present: AMM Rahman J Md. Muzammel Hossain J Bhawal Raj Estate Court of Wards……………….Petitioner Vs. Rajdhani Unnayan Kartripakkha and another…………...Respondents Judgment August 12, 1998. Result: The Rule is disc...... 462...

Category: Property Law | Date: | Hits: 248

Anuj Choudhury & others Vs. Sailendra Kishore Chowdhury and others, 1998, 27 CLC (HCD)

....that the petitioners being the next of kin moved this court and obtained this Rule. 7. Mr. Nikhilesh Dutta, the learned Deputy Attorney-General appearing in the case for the petitioners, since the Government is not involved, submits that the learned District Judge committed an error of law in pas......is discharged as being incompetent without any order as to costs. The order of stay granted earlier by this court is hereby vacated. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 460..............eported in: 51 DLR (HCD) (1999) 460...

Category: Property Law | Date: | Hits: 106

Bazlur Rahman Howlader alias Jilu and 3 others Vs. State, 1998, 27 CLC (HCD)

....entence and the trial Court shall take steps for realisation of fine from the petitioner Abdul Khaleque. Send down the LCR at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 457.......er...….....…….Opposite Party Judgment July 2, 1998. Result: Both the Rules are made absolute in part. Cases Referred to- Ali Akbar Khan Vs. State, 34 DLR 94; Bangladesh Vs. Abed Ali, 36 DLR AD 234. Lawyers Involved: Syed Ziaul Karim, Advocate —......d. This Case is also Reported in: 51 DLR (HCD) (1999) 457.......1999) 457...

Category: Criminal Law | Date: | Hits: 109

Abdul Karim Vs. Bangladesh, 1998, 27 CLC (HCD)

.... 80 of 1988 for permanent injunction. 2. Trial Court decreed the suit by its judgment dated 22-11-88. The Subordinate Judge, Maherpur allowed Title Appeal 154 of 1989 preferred by the defendant Government, by its impugned judgment dated 19-6-90 and set aside the judgment and decree of the tria......ported in: 51 DLR (HCD) (1999) 447....... Vs. Bangladesh…………….Opposite Party Judgment April 20, 1998. Result: The Rule is discharged. Cases Referred to- Rafizuddin Ahmed Vs. Mongla Barman and others, 43 DLR (AD) 215; Kalyan Krishna Goswami Vs. Madhyapara High School and another, 15 BLD 5......is also Reported in: 51 DLR (HCD) (1999) 447...

Category: Property Law | Date: | Hits: 103

Muslim Ali (Md.) Vs. Dhaka Bar Association and others, 1998, 27 CLC (HCD)

....dur Rahman J.- The petitioner is an Advocate and was a member of the Dhaka Bar Association. He suspended his practice as an Advocate with prior information to the Bangladesh Bar Council when he got a Government job. While in service he made some comments regarding the policy of the government and wa......1448 of 1998. Judgment AM Mahmudur Rahman J.- The petitioner is an Advocate and was a member of the Dhaka Bar Association. He suspended his practice as an Advocate with prior information to the Bangladesh Bar Council when he got a Government job. While in service he made some comments regardin......t High Court Division (Special Original Jurisdiction) Present: AMM Rahman J Md. Muzammel Hossain J Muslim Ali (Md.)………...............Petitioner Vs. Dhaka Bar Association and others……...........…….….Respondents Judgment July 21, 1998. Result: The pe......CD) (1999) 446. ..

Category: Others | Date: | Hits: 143

Uttara Jute Fibres Industries and another Vs. Ashraf Jute Mills Ltd., 1992, 21 CLC (HCD)

....ation of the Jute Mills, the Company did not care to repay the loan taken from the BSRS and with a view to realising the outstanding dues BSRS, pursuant to the instruction of the Ministry of Finance, Government of Bangladesh, decided to sell the mortgaged properties of the borrower Company under Art......dhury J Uttara Jute Fibres Industries…………………………….Appellant Vs. Ashraf Jute Mills Ltd……………………………….…Respondent (Company Appeal No.12 of 1991) Bangladesh Shilpa Rin sangstha………………………..Appellant Vs. Ashraf Jute Mills Ltd...... Result: Both the appeals are allowed. Cases Referred to- Food Controller Vs. Cork, 1923 AC 647; Kennedy 1896(1) Ch. Division 762; 1897 AC 80; 1895 to 99 All ER (reprint) 408; MK Ranganathan and another Vs. Govt. of Madras and others, AIR 1955(SC) 604; Buldeo Narain Singh Vs. United Indian ......ourt Division (Civil Appellate Jurisdiction) Present: Mohammad Ismailuddin Sarker J Badrul Islam Chowdhury J Uttara Jute Fibres Industries…………………………….Appellant Vs. Ashraf Jute Mills Ltd……………………………….…Respondent (Company Appeal No.12..

Category: Company Law | Date: | Hits: 317

Sarwarjan Bhuiyan and others Vs. Government of Bangladesh and others, 1992, 21 CLC (HCD)

.... (Special Original Jurisdiction) Present: Md. Abdul Jalil J Kazi Ebadul Hoque J Sarwarjan Bhuiyan and others………………..…………...Petitioners. Vs. Government of the People's Re­public of Bangladesh, represented by the Secretary, Ministry of Land ...... Present: Md. Abdul Jalil J Kazi Ebadul Hoque J Sarwarjan Bhuiyan and others………………..…………...Petitioners. Vs. Government of the People's Re­public of Bangladesh, represented by the Secretary, Ministry of Land Administration & Land Reforms, Bangla......ed in: 44 DLR (HCD) (1992) 447. ......Division (Special Original Jurisdiction) Present: Md. Abdul Jalil J Kazi Ebadul Hoque J Sarwarjan Bhuiyan and others………………..…………...Petitioners. Vs. Government of the People's Re­public of Bangladesh, represented by the Secretary, Ministr..

Category: Property Law | Date: | Hits: 121

Fulu Mohammad and others Vs. State, 1992, 21 CLC (HCD)

....ether given in writing or reduced to writing as aforesaid, shall be signed by the person giving it, and the substance thereof shall be entered in a book to be kept by such officer in such form as the Government may prescribe in this behalf." 17. From perusal of this section it is obvious that ...... post‑mortem examination is required to be used as evidence, and the Civil Surgeon or other medical officer who made the report is dead or is incapable of giving evidence or is beyond the limits of Bangladesh and his attendance cannot be procured without an amount of delay, expense or inconvenienc......rted in: 44 DLR (HCD) (1992) 431.......Court Division (Criminal Appellate Jurisdiction) Present: Naimuddin Ahmed J Md. Gholam Rabbani J Fulu Mohammad and others ………………………….Appellants Vs. State.........................Respondent Judgment July 13, 1992. Result:..

Category: Criminal Law | Date: | Hits: 86

Shahadat Hossain Vs. Executive Engineer, City PWD Division, Dhaka and others, 1992, 21 CLC (HCD)

....‘fullfilment of obligations envisaged in clauses (6), (7) and, (9) shall lead to cancellation of the offer automatically without notice and the earnest money of Tk. 5,000.00 shall be forfeited to the Government" The last term 12 is: ‘‘The competent authority reserves the right to rej......………………Respondents Judgment March 19, 1992. Result: The Rule is made absolute. Cases Referred to- Mozahar Sowdagor Vs. M. Zahirul Alam, General Manager, Bangladesh Shipping Corporation & others, 40 DLR (AD) 62; Ummu Kawsar Salsabil Vs. Shams Corpora......ial Original Jurisdiction) Present: AKM Sadeque J Mamur Reza Chowdhury J Shahadat Hossain ...............Petitioner Vs. Executive Engineer, City PWD Division Dhaka and others………………Respondents Judgment March 19, 1992. Result: The......0...

Category: Property Law | Date: | Hits: 133

Abu Taher Miah Vs. Farazuddin Sarker and others, 1989, 18 CLC (HCD)

.... with costs. We direct the petitioner to pay Tk.1000/- in cash as costs of this Rule to the respondent No.1 within one month from date. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 543.......vo­cates - For the Respondent No.1. Writ Petition No.1685 of 1988. Judgment Md. Mozammel Hoque J.- In this Rule Nisi issued under Article 102 of the Constitution of the People's Republic of Bangladesh the respondents were asked to show cause as to under what authority the respondent No.1 c...... (Dhaka Bench) (Special Original Jurisdiction) Present: Mustafa Kamal J Md. Mozammel Hoque J Abu Taher Miah....................................Petitioner Vs. Farazuddin Sarker and others.........................................Respondents Judgment June 13, 1989. Resu......t High Court Division (Dhaka Bench) (Special Original Jurisdiction) Present: Mustafa Kamal J Md. Mozammel Hoque J Abu Taher Miah....................................Petitioner Vs. Farazuddin Sarker and others.........................................Respondents Judgment ..

Category: Election Law | Date: | Hits: 216

Saifur Rahman Vs. Bangladesh through the Secre­tary, Ministry of Agriculture and others, 1989, 18 CLC (HCD)

....r dated 3.11.85 passed by the Adminis­trative Tribunal, Dhaka in Case No.36 of 1985. 2. The petitioner is a Subject Matter Officer, Upazila Krishi Office, Habiganj in the Ministry of Agriculture, Government of Bangladesh in the New National Scale of Pay of Tk. 750-1470/-. He filed an application......upreme Court High Court Division (Dhaka Bench) (Special Original Jurisdiction) Present: Mustafa Kamal J Md. Mozammel Hoque J Saifur Rahman..................Petitioner Vs. Bangladesh through the Secre­tary, Ministry of Agriculture and others...............Respondents ......ecial Original Jurisdiction) Present: Mustafa Kamal J Md. Mozammel Hoque J Saifur Rahman..................Petitioner Vs. Bangladesh through the Secre­tary, Ministry of Agriculture and others...............Respondents Judgment June 12, 1989. Result: The Rule is dischar...... 538...

Category: Administrative Law | Date: | Hits: 445

Fazal Mahmud Vs. Pioneer Printing Press Ltd. & Others, 1989, 18 CLC (HCD)

....nce in this application which is accordingly dismissed. In the facts and circumstances of the case, there will be no order as to costs. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 529.......r Vs. The Pioneer Printing Press Ltd. & Others ..................................Respondents Judgment May 3, 1989. Result: The application is dismissed. Case Referred to- Bangladesh Chemical Industries Cor­poration and another Vs. Registrar, Joint Stock Companies and an......amp; Others ..................................Respondents Judgment May 3, 1989. Result: The application is dismissed. Case Referred to- Bangladesh Chemical Industries Cor­poration and another Vs. Registrar, Joint Stock Companies and another, 39 DLR 1987, 1. Lawyers Involved: ......Supreme Court High Court Division (Dhaka Bench) (Special Original Jurisdiction) Present: Anwarul Hoque Choudhury J Fazal Mahmud…………………………….......Petitioner Vs. The Pioneer Printing Press Ltd. & Others ..................................Respondents ..

Category: Business or Commercial Law | Date: | Hits: 352

Mrs. Nabila Chowdhury Vs. Government of the Peoples Republic of Bangladesh & another, 1988, 17 CLC (HCD)

....n Chowdhury J Naimuddin Ah­med J Mrs. Nabila Chowdhury, wife of Shah Alam Chow­dhury, House No.9, Road No.79, Gulshan Model Town, Police Station, Dhaka...................Petitioner Vs. Government of the Peoples Republic of Bangladesh & another....................Respondents Jud...... Mrs. Nabila Chowdhury, wife of Shah Alam Chow­dhury, House No.9, Road No.79, Gulshan Model Town, Police Station, Dhaka...................Petitioner Vs. Government of the Peoples Republic of Bangladesh & another....................Respondents Judgment November 30, 1988. Result:...... AIR 1974 (SC) 1161; 40 DLR 193(High Court); 20 DLR 1968 1005; A.K.M. Shamsuddin Vs. Government of Bangladesh, 28 DLR 1976 117; 40 DLR (AD) 178; Mrs. Sajeda Parvin Banu Vs. Government of Ban­gladesh and others. Lawyers Involved: Mainul Hosein with Joynal Abedin, Advo­cates - For Petitioner. ......tin Khan Chowdhury J Naimuddin Ah­med J Mrs. Nabila Chowdhury, wife of Shah Alam Chow­dhury, House No.9, Road No.79, Gulshan Model Town, Police Station, Dhaka...................Petitioner Vs. Government of the Peoples Republic of Bangladesh & another....................Respondents..

Category: Criminal Law | Date: | Hits: 100

Bangladesh House Build­ing Finance Corporation Vs. Chairman, First Labour Court & others, 1989, 18 CLC (HCD)

....luding the mat­ters provided for in Part IX and the award of pen­alties or punishments; (b) the acquisition, administration, man­agement and disposal of any property vested in or managed by the Government by or under any law, including the operation and management of, and service in any nation......so Reported in: 41 DLR (HCD) (1989) 341. ......ilding Finance Corporation. 2. The facts of the case, in short, are that the Respondent No.2 had been serving as an employee under the petitioner, the Bangladesh House Building Finance Corporation and that he was posted at the Dhaka Office of the said Corporation. The Petitioner transferred the R......Jurisdiction) Present: Abdul Matin Khan Chowdhury J Naimuddin Ahmed J Bangladesh House Build­ing Finance Corporation, represented by its Manag­ing Director.................Petitioner Vs. Chairman, First Labour Court & others...................Respondents Judgment Febru..

Category: Procedural Law | Date: | Hits: 273

Sankar Gopal Chatterjee & others Vs. Additional Commi­ssioner, Dhaka Division & others, 1989, 18 CLC (HCD)

....rdinance was shown to have been issued on 20.6.83, but the petitioners never received such notice. Before issuance of notice under Section 3 no agreement was entered into the respondent No.3 with the Government, as mandatorily required under Section 15 of the Ordinance. On 29.3.84 another notice pur......m-Bhuiyan, Advocate - For Respondent No.3. Writ Petition No. 179 of 1986. Judgment Mustafa Kamal J.- This Rule Nisi obtained under Article 102 of the Constitution of the People's Republic of Bangladesh calls upon the respondents to show cause as to why the order dated 16.12.85 passed by the......respondents to show cause as to why the order dated 16.12.85 passed by the respondent No.1 the Additional Commissioner, Dhaka Division, Dhaka in L.A. Miscellaneous Petition No.38 of 1985 (Annexure E) and the decision dated 24.3.86 arrived at by the respondent No.2 the Deputy Commissioner, Kishoregon...... High Court Division (Dhaka Bench) (Special Original Jurisdiction) Present: Mustafa Kamal J Nurul Huque Bhuiyan J Sankar Gopal Chatterjee & others...............Petitioners Vs. The Additional Commi­ssioner, Dhaka Division & others................Respondents Judg..

Category: Property Law | Date: | Hits: 116

Secretary, Ministry of Public Works Vs. Court of Settlement (1st Court) Bangladesh Abandoned Buildings, 1998, 17 CLC (HCD)

....nd Case No.574 (Ka-446 Mirpur 1 & 2 section) of 1987 passed by respondent No.1 Annexure-A should not be declared to have been made without lawful authority and is of no legal effect. 2. The Government of the People’s Republic of Bangladesh represented by the Secretary, Ministry of Public......nal Jurisdiction) Present: Md. Fazlul Karim J Md. Tafazzul Islam J Secretary, Ministry of Public Works…………..Petitioner Vs. Court of Settlement (1st Court) Bangladesh Abandoned Buildings…………Respondents Judgment March 26, 1998. Res......ion) Present: Md. Fazlul Karim J Md. Tafazzul Islam J Secretary, Ministry of Public Works…………..Petitioner Vs. Court of Settlement (1st Court) Bangladesh Abandoned Buildings…………Respondents Judgment March 26, 1998. Result: Th...... High Court Division (Special Original Jurisdiction) Present: Md. Fazlul Karim J Md. Tafazzul Islam J Secretary, Ministry of Public Works…………..Petitioner Vs. Court of Settlement (1st Court) Bangladesh Abandoned Buildings…………Respondents ..

Category: Property Law | Date: | Hits: 102