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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......€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦Opposite Parties Judgment January 30, 2002. Result: The Rule is made absolute. Cases Referred to- Abdul Jalil and others Vs. Islamic Bank of Bangladesh Ltd. and others, 53 DLR 9; Burmah Eastern Ltd. Vs. Burmah Eastern Employees Union and oth......nt: AKM Shafiuddin J Principal, Barguna Darul Ulum Nesaria Alia Madrasha……………………….Petitioner Vs. Secretary, Ministry of Health, represented by the Civil Surgeon Barguna and others……………………………………………………Opposite Parties Judgment ......upreme Court High Court Division (Civil Revisional Jurisdiction) Present: AKM Shafiuddin J Principal, Barguna Darul Ulum Nesaria Alia Madrasha……………………….Petitioner Vs. Secretary, Ministry of Health, represented by the Civil Surgeon Barguna and others………â€..

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.......ase is also Reported in: 63 DLR (HCD) (2011) 504.......4...

Category: Property Law | Date: | Hits: 121

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 পŕ...... 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:...... Md. Muzammel Hossain CJ Surendra Kumar Sinha J Md. Abdul Wahhab Miah J Muhammad Imman Ali J Mamun Akbar........................Petitioner Vs. The State and another..........Respondents Judgment November 8, 2012. Result: The peti......vil) Present: Md. Muzammel Hossain CJ Surendra Kumar Sinha J Md. Abdul Wahhab Miah J Muhammad Imman Ali J Mamun Akbar........................Petitioner Vs. The State and another..........Respondents Judgment November 8, 2012. R..

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 ......ppellate Division (Civil) Present: Md. Muzammel Hossain CJ Surendra Kumar Sinha J Md. Abdul Wahhab Miah J Nazmun Ara Sultana J Muhammad Imman Ali J The Director General, Bangladesh Railway and others……….Petitioners Vs. Niaz Mohammad Ali and others................. (Civil) Present: Md. Muzammel Hossain CJ Surendra Kumar Sinha J Md. Abdul Wahhab Miah J Nazmun Ara Sultana J Muhammad Imman Ali J The Director General, Bangladesh Railway and others……….Petitioners Vs. Niaz Mohammad Ali and others....................................mel Hossain CJ Surendra Kumar Sinha J Md. Abdul Wahhab Miah J Nazmun Ara Sultana J Muhammad Imman Ali J The Director General, Bangladesh Railway and others……….Petitioners Vs. Niaz Mohammad Ali and others.......................................Respondents Judgment ..

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 ......tion of title in the suit land reiterating the same statement as made above and claiming title on the strength of Exchange Deed dated 29.02.1984. 4. The defendant Nos.1 and 2, the Government of Bangladesh represented by the Additional Deputy Commissioner (Revenue) and the Deputy Commissioner, ......mmel Hossain CJ Surendra Kumar Sinha J Md. Abdul Wahhab Miah J Madam Justice Nazmun Ara Sultana J Muhammad Imman Ali J Additional Deputy Commissioner (Rev.) Rangpur and another.......Petitioners Vs. Amir Husain and others......................................r Sinha J Md. Abdul Wahhab Miah J Madam Justice Nazmun Ara Sultana J Muhammad Imman Ali J Additional Deputy Commissioner (Rev.) Rangpur and another.......Petitioners Vs. Amir Husain and others........................................Respondents Judgment ..

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......efendant-Appellants Vs. Abdur Rashid Chowdhury and others................Respondents Judgment May 10, 2011. Result: The appeal is allowed. Cases Referred to- Alauddin Khan Vs. Bangladesh represented by the Ministry of Housing and Public Works, 14 BLC 831; Nawshed Chowdhury Vs...... Present: Shahidul Islam J Md. Rais Uddin J Administrative Officer, Hou­sing Settlement, Chittagong & others……………….Defendant-Appellants Vs. Abdur Rashid Chowdhury and others................Respondents Judgment May 10, 2011. Result: The appeal is allow......(Civil Appellate Jurisdiction) Present: Shahidul Islam J Md. Rais Uddin J Administrative Officer, Hou­sing Settlement, Chittagong & others……………….Defendant-Appellants Vs. Abdur Rashid Chowdhury and others................Respondents Judgment May 10, 2011. ..

Category: Property Law | Date: | Hits: 118

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-...... Court High Court Division (Criminal Revisional Jurisdiction) Present: Quamrul Islam Siddiqui J JBM Hassan J Shahidul Islam…………………………Petitioner Vs. State and another…………………………Opposite parties Judgment March 16, 2011. Result: ...... 471. ..

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. ...... 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. Result: ...... ..

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.......€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦..Opposite Party Judgment June 26, 2002. Result: The Rule is made absolute. Cases Referred to- Basarat Ali Mondal and others Vs. Messem Ali Biswas and another, 6 DLR 589; Saroop Singh Vs. Narsingh and others, AIR 1......(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......sent: 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 Rule is dispo...... 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..

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 ......Ahmed J Hasina Karim…………………….Petitioner. Vs. The People's Republic of Bangladesh, represented by the Secretary, Ministry of Home Affairs, Secretariat Building, Dhaka and others……………………Respondents. Judgment February 5, 1992. Result: ......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..

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. ......sh Vs. Saifuddin Ahmed, 50 DLR (AD) 27; 3 BLC (AD) 6. Lawyers Involved: M Amir-ul Islam, Advocate - For the Petitioner AM Aminuddin, Assistant Attorney-General - For the Respondent Nos. 1, 5 and 6. Mahmudul Islam, Advocate - For the added-Respondent Nos. 7-10. Abdur Rab Chowdhury, Adv......(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......R (SC) 200, Lt. Col.; Nawabzada Muham­mad Amir Khan Vs. the Controller of Estate Duty, 13 DLR (HC) 105; Mritunjoy Paul Vs. Province of East Pakistan, 14 DLR (Dhaka) 568; Re Lala Lachhtnan Dass Nayar and others, 22 I.T.R. 418; Abdur Rahim Chowdhury Vs. Excess Profits Tax Officer, Companies Circle-I,......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. ..

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.-......tioner Vs. Ansarul Huq Ansari & others.........................Opposite-Parties Judgment May 14, 1986. Result: The Rule is discharged. Cases Referred to- Nasiruddin Mahmud and others Vs. Momtazuddin Ahmed and another, 36 DLR (AD) 14; Bhuban Mohan Das Vs. Surendra Mohan Da...... (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..

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: ......his Case is also Reported in: 39 DLR (HCD) (1987) 19. ......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..

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......eported in: 63 DLR (HCD) (2011) 432. ......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..

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...... Jurisdiction) Present: ARM Amirul Islam Chowdhury J Md. Sirajul Islam J Dr. Md. Mahiuddin..............................Petitioner Vs. Dr. Hasanuzzaman Chow­dhury and others ................................Opposite‑parties Judgment March 29, 1992. ...... 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..

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......gladesh, 31 DLR (AD) 1; Rawshan Bejoya Shawkat Ali, 18 DLR (SC) 214; Mrs. Sajaeda Parveen Banu, 40 DLR (AD) 178. Lawyers Involved: Amir‑ul Islam with Mesbahuddin, Md. Ruhul Amin Bhuiyan and Enayet Hossain, Advocates­For the Petitioner. Amirul Kabir Chowdhury, Deputy Attorney Gen......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: ..

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. ...... .........Opposite Parties Judgment March 13, 1991. Result: The Rule is discharged without any order for costs. Case Referred To- Haji Nurul Islam Vs. Ash­raf Ali and others, 30 DLR 215. Lawyers Involved: Miah Abdul Gafur with Abbasuddin Ahmed, Advoca......rted 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. ....... No One ‑ For the Respondent. Criminal Appeal No. 49 of 1989. Judgment AM Mahmudur Rahman J.- This is an appeal at the instance of the informant from an order of conviction and sentence passed against the accused‑Respondents Jahangir Alam and Sarwar passed by the Session......ed in: 44 DLR (HCD) (1992) 594. ..

Category: Criminal Law | Date: | Hits: 110