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Muktar Hussain Khan Vs. Suresh Chandra Dey & Others, 1989, 18 CLC (HCD)

....ster the sale deed. 3. Defendant No.1 filed written statement in the suit for Specific Performance but thereafter he was not found present at the time of hearing of the suit. Defendant No.2 is the Government of Bangladesh which did not file any written statement. Defendant Nos.3 and 4 are the...... provision of Order 41, rule 27 of the Code of Civil Procedure. The Rule is, therefore, made absolute without any order as to costs. Ed. This Case is also Reported in: 42 DLR (HD) (1990) 86. ......DLR (HD) (1990) 86. ........Opposite Parties Judgment January 17, 1989. Result: The Rule is made absolute. Cases Referred to- 11 DLR 177; 21 DLR W.P. (Lahore) 333; PLD 1972 (S.C.) 25. Lawyers Involved: Md. Amir Hossain, Advocate—For the Petitioner. Abdul Muttalib, Advocate—For the Opposite Pa..

Category: Civil Law | Date: | Hits: 133

Conforce Limited Vs. Titas Gas Transmission and Distribution Co. Limited & another, 1989, 18 CLC (HCD)

....ding, motivated and not correct. It is stated that the impugned notices, Annexure 'P’ and "P(1)', were issued for violation of a contractual obligation and also to implement the decision of the Government to stop natural gas to the consumers who are using gas for the purpose of manufacturing c......y PLD 1962 108; Purba Nanda Das Vs. Executive Engineer, Relief and Rehabilitation AIR 1961 Assam 101; Talekhal Fishermen's Co-operative Society Vs. Bangladesh BLD(AD) 1981, 103; S.M.S. Samity Vs. Bangladesh 39 DLR (AD) 85. Lawyers Involved: Asrarul Hossain with Mozammel Huq-For the Petitio......t Division (Dhaka) (Special Original Jurisdiction) Present: Abdul Matin Khan Chowdhury J Naimuddun Ahmed J Conforce Limited, a Limited Liability Company………...Petitioner Vs. Titas Gas Transmission and Distribution Co. Limited, a Public Limited Liability Company &am....... In the result, the Rule is discharged without any order as to costs. The stay order granted by this Court earlier is vacated. Ed. This Case is also Reported in: 42 DLR (HCD) (1993) 33. ..

Category: Others | Date: | Hits: 227

Abdus Salam Vs. Sirajul Islam, 1989, 18 CLC (HCD)

....jurisdiction to entertain the appeal from ah order passed by the Tribunal upon an application filed under Order 47, rule 1 C.P.C. The learned Counsel placing reliance upon section 29 (A) of the Local Government (Union Parishads) Ordinance,1983 submits that sub-section (4) provides for an appeal fr......�peal find answer in the foregoing discussion. For these reasons, this Rule is made absolute. There will be no order as to costs. Ed. This Case is also Reported in: 42 DLR (HCD) (1993) 27. ......993) 27. ......�peal find answer in the foregoing discussion. For these reasons, this Rule is made absolute. There will be no order as to costs. Ed. This Case is also Reported in: 42 DLR (HCD) (1993) 27. ..

Category: Election Law | Date: | Hits: 194

Muhammad Zulfikar Vs. Abul Kalam Chowdhury & others, 1989, 18 CLC (HCD)

....sion No.16 of 1989. Judgment AM Mahmudur Rahman J. - In this Rule an important question of law mooted is: whether the District Judge, an appellate authority under section 29(4) of the Local Government (Union Parishads) Ordinance, 1983, can transfer an appeal preferred from the decision of ......as to costs. The 1st Court of Additional District Judge shall proceed with the appeal expeditiously keeping in view the public interest. Ed. This Case is also Reported in: 42 DLR (HCD) (1993) 21.......1.......as to costs. The 1st Court of Additional District Judge shall proceed with the appeal expeditiously keeping in view the public interest. Ed. This Case is also Reported in: 42 DLR (HCD) (1993) 21...

Category: Election Law | Date: | Hits: 192

Amalendu Majumder Vs. State, 1996, 25 CLC (HCD)

.... a project Committee under the village works programme 1984‑1985. Under the said programme Taka 63,595.00 was alloted to the petitioner for reconstruction of an iron bridge adjacent to Kundudaskati Government Primary School. It is alleged that the petitioner completed work upto Taka 34,491.00 and......rned Magistrate is directed to proceed with the case in accordance with law. Send a copy of this order to the lower Court at once. Ed. This Case is also Reported in: 49 DLR (HCD) (1997) 204. ......DLR (HCD) (1997) 204. ......e read with section 5(2) of Act II of 1947 pending in the Court of the learned Magistrate, Nesarabad, in the District of Pirojur. 2. The prosecution case arises out of a FIR lodged on 30‑6-89 by Md. Belayet Hossain, Inspector of District Anti‑Corruption Bureau, with police Station Nesardbad a..

Category: Criminal Law | Date: | Hits: 97

Gias Uddin Vs. Dhaka Municipal Corporation and others, 1996, 25 CLC (HCD)

....ny person. Petitioner was clearly a trespasser and was in illegal occupation in a Municipal Park. Respondent No.1 was entitled to evict unauthorised occupants from its park under the provision of the Government and Local Authority Lands and Buildings (Recovery of Possession) Ordinance, 1970. So the ......acts and circumstances of the case we find no merit in this Rule. In the result, the Rule is discharged without any order as to costs. Ed. This case is also Reported in: 49 DLR (HD) (1997) 199. ......7) 199. ......acts and circumstances of the case we find no merit in this Rule. In the result, the Rule is discharged without any order as to costs. Ed. This case is also Reported in: 49 DLR (HD) (1997) 199. ..

Category: Constitutional Law | Date: | Hits: 369

Shamima Sultana Seema and 9 others Vs. Government of Bangladesh and 3 others, 2004, 33 CLC (HCD)

.... High Court Division (Special Original Jurisdiction) Present: ABM Khairul Haque J Md. Mitfahuddin Chowdhury J Shamima Sultana Seema and 9 others...............Petitioners Vs. Government of Bangladesh and 3 others.................Respondents Judgment August 16, 2004. ...... Division (Special Original Jurisdiction) Present: ABM Khairul Haque J Md. Mitfahuddin Chowdhury J Shamima Sultana Seema and 9 others...............Petitioners Vs. Government of Bangladesh and 3 others.................Respondents Judgment August 16, 2004. Result: Th......e Court High Court Division (Special Original Jurisdiction) Present: ABM Khairul Haque J Md. Mitfahuddin Chowdhury J Shamima Sultana Seema and 9 others...............Petitioners Vs. Government of Bangladesh and 3 others.................Respondents Judgment August 16, 2......y other as to costs. Ed. This Case is also Reported in: 57 DLR (HCD) (2005) 201. ..

Category: Constitutional Law | Date: | Hits: 443

Abdul Jalil Shah and another Vs. Rahima Khatun and others, 1998, 27 CLC (HCD)

....t No.3 constructed another double storied building on a portion of plot No. 4568 and those 2 homestead bear separate holding number and the defendant petitioners has been paying rent regularly to the Government as well as to the Municipality. Plaintiff Rahima Khatoon sold her entire share and became......rably within 6(six) months from the date of receipt of this order. Communicate this order to the Court concerned at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 441. ......) 441. ......e Court concerned at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 441. ..

Category: Civil Law | Date: | Hits: 154

Abdul Qayum Vs. Secretary, Ministry of Home Affairs, Government of Bangladesh and others, 1991, 20 CLC (HCD)

.... Jurisdiction) Present: Fazle Hussain Mohammad Habibur Rahman J Abdul Hasib J Abdul Qayum ................Petitioner. Vs. The Secretary, Ministry of Home Affairs, Government of Bangladesh and others................Respondents Judgment October 30, 199...... Present: Fazle Hussain Mohammad Habibur Rahman J Abdul Hasib J Abdul Qayum ................Petitioner. Vs. The Secretary, Ministry of Home Affairs, Government of Bangladesh and others................Respondents Judgment October 30, 1991. Resul...... High Court Division (Special Original Jurisdiction) Present: Fazle Hussain Mohammad Habibur Rahman J Abdul Hasib J Abdul Qayum ................Petitioner. Vs. The Secretary, Ministry of Home Affairs, Government of Bangladesh and others....................citizenship or he owned allegiance to any other country. The Rule is accordingly made absolute without any order as to costs. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 340...

Category: Immigration and Citizenship Law | Date: | Hits: 178

Ali Akbar Khan (Md) Vs. Alimuddin, 1990, 19 CLC (HCD)

....trict Judge to dispose of the appeal on registration of the same. The Rule is made absolute. There will be no order as to cost. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 338. ...... and others, 16 DLR 336; Colonial Sugar Refining Company Ltd. Vs. Irving (1905) AC 369; Vanugopal Reddiar and another Vs. Krishnaswami Reddiar alias Raja Chidambara Reddiar and another, 1943 (FC) 24; Bangladesh Vs. Shahjahan Seraj @ Sirajul Islam, 32 DLR (AD) 1. Lawyers Involved: Joynal ......992) 338. ......trict Judge to dispose of the appeal on registration of the same. The Rule is made absolute. There will be no order as to cost. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 338. ..

Category: Procedural Law | Date: | Hits: 102

Hashmat Ullah (Md) Vs. Azmiri Bibi and others, 1991, 20 CLC (HCD)

....it was a language in which such things could be done (written) in English language fill the Act came into being. They submit that subject to such declaration as may from time to time be issued by the Government under section 237(2) of the Code of Civil Procedure any language which was already in use......e language of the Republic is Bangla". 10. The learned Advocates for the defendant petitioners submit that the framers of the Constitution intended that Bengali would be the only state language in Bangladesh. Sub‑section (1) of section 3 of the Act clearly provides that Bengali must be used in ...... Supreme Court High Court Division (Civil Revisional Jurisdiction) Present: ARM Amirul Islam Chowdhury J AM Mahmudur Rahman J Hashmat Ullah (Md) .....................Petitioner Vs. Azmiri Bibi and others .................Opposite Parties Judgment November 28, 1991. ......posite Party (In Civil Revision No. 678 of 1987). Mustafa Niaz Muhammad, Advocate ‑ For the Petitioner (In Civil Revision Nos. 572 of 1991, 711 of 1991 and 712 of 1991). Rafique‑ul-Huq with Md. Shorful Islam Khan, Advocates ‑ For the Opposite Party (In Civil Revision No.572 of 1991). ..

Category: Others | Date: | Hits: 226

Sena Kalayan Sangstha Vs. Haji Sufi Fazal Ahmed and others, 2004, 33 CLC (HCD)

....67; Commissioner of Income Tax Vs. Vadital Lallu Bhai, AIR 1973 (SC) 1016; Bangladesh Vs. Professor Golam Azam, 46 DLR (AD) 191; Bangladesh Steel Mills Vs. Masud Reza, 30 DLR (SC) 169; Nasiruddin Vs. Government of the People's Republic of Bangladesh, 32 DLR (AD) 216; Hashem (Md.) Vs. Bangladesh and ...... his heirs: Mr. Nagar Mohiuddin and others………………………..Respondents (In both the appeals) Judgment May 25, 2004. Result: The appeals are dismissed. Cases Referred to- Bangladesh Vs. Dhaka Steel Works Limited, 45 DLR (AD) 69; People's Republic of Bangladesh and others......stha………………………………………..Appellant (In Civil Appeal No. 45 of 1993) Chairman, Sena Kalayan Sangstha……………………..Appellant (In Civil Appeal No. 86 of 1997) Vs. Haji Sufi Fazal Ahmed being dead his heirs: Mr. Nagar Mohiuddin and others………………�......angladesh Vs. Professor Golam Azam, 46 DLR (AD) 191; Bangladesh Steel Mills Vs. Masud Reza, 30 DLR (SC) 169; Nasiruddin Vs. Government of the People's Republic of Bangladesh, 32 DLR (AD) 216; Hashem (Md.) Vs. Bangladesh and ors, 43 DLR (1991) 109; Secretary of State Vs. Roburt Fisher, 22 ILR (PC) 27..

Category: Property Law | Date: | Hits: 111

Islamia Automatic Rice Mills Ltd. Vs. Bangladesh Shilpa Rin Sangstha and others, 2002, 31 CLC (HCD)

.... is discharged with a cost at Taka 25,000 to be paid by the petitioner to the respondent No.3 within 3(three) months from date. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 463. ......Hussain Haider J Islamia Automatic Rice Mills Ltd……………………………………….Petitioner Vs. Bangladesh Shilpa Rin Sangstha and others......................Respondents Judgment July ...... M Hussain Haider J Islamia Automatic Rice Mills Ltd……………………………………….Petitioner Vs. Bangladesh Shilpa Rin Sangstha and others......................Respondents Judgment ...... is discharged with a cost at Taka 25,000 to be paid by the petitioner to the respondent No.3 within 3(three) months from date. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 463. ..

Category: Civil Law, Contempt of Court Law | Date: | Hits: 417

State Vs. Nazma Sarker @ Beauty and others, 2011, 40 CLC (HCD)

....��In proper cases an inordinate delay in the execution of the death sentence may be regarded as a ground for commuting it but that is no rule of law and is a matter primarily for consideration of the Government on a mercy petition submitted by the condemned prisoner. If the Court has to exercise a d...... a copy of this judgment and order, be sent to the concerned Court below for information and necessary action at once. Md. Emdadul Haque Azad J. - I agree. Ed. This Case is also Reported in: ......eme Court High Court Division (Criminal Appellate Jurisdiction) Present: Afzal Hossain Ahmed J Md. Emdadul Haque Azad J State……………………………………Petitioner Vs. Nazma Sarker @ Beauty and 3 others ............ Condemned-prisoners (In Death Reference No. 2......e. Md. Emdadul Haque Azad J. - I agree. Ed. This Case is also Reported in: ..

Category: Criminal Law | Date: | Hits: 98

Capital Properties Ltd. Vs. Government of Bangladesh and others, 1991, 20 CLC (HCD)

.... High Court Division (Civil Revisional Jurisdiction) Present: ARM Amirul Islam Chowdhury J Abdul Hasib J Capital Properties Ltd…......Petitioner Vs. Government of the People's Republic of Bangladesh and others.........Opposite Parties Judgment...... Revisional Jurisdiction) Present: ARM Amirul Islam Chowdhury J Abdul Hasib J Capital Properties Ltd…......Petitioner Vs. Government of the People's Republic of Bangladesh and others.........Opposite Parties Judgment July 3, 1991. Result: ......eme Court High Court Division (Civil Revisional Jurisdiction) Present: ARM Amirul Islam Chowdhury J Abdul Hasib J Capital Properties Ltd…......Petitioner Vs. Government of the People's Republic of Bangladesh and others.........Opposite Parties ......the learned subordinate Judge is a perfectly valid order. In the result, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 308...

Category: Procedural Law | Date: | Hits: 113

Selim Ullah Bahadur Vs. Election Commission and others, 1990, 19 CLC (HCD)

....e nisi issue calling upon the respondents to show cause as to why the respondent No.1 should not be directed to organise, hold and conduct a fresh election in the disputed centre, namely No.13 Tetoya Government Primary School centre or such or further orders or orders passed as to this Court may see......DLR (SC) 426; Hussain Bakhsh Vs. Settlement Commissioner, Rawalpindi and others, PLD 1970 (SC) 1; AFM Shah Alam Vs. Mujibul Huq and others 41 DLR (AD) 68=1989 BLD (AD) 78; the case of Nazir Ahmed Vs. Bangladesh Election Commission, 41 DLR (AD) 87=1989 BLD (AD) 103; Hazrat Ali Vs. Election Commission...... High Court Division (Special Original Jurisdiction) Present: Fazle Hussain Mohammad Habibur Rahman J Kazi Ebadul Hoque J Selim Ullah Bahadur .........Petitioner Vs. The Election Commission and others .....................Respondents Judgment M...... In the result, the Rule is discharged and the order of stay granted on 3.5.90 is vacated. There will be no order for costs. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 304. ..

Category: Election Law | Date: | Hits: 177

Mostafizur Rahman Vs. Bangladesh and others, 1991, 20 CLC (HCD)

....diction) Present: Abdul Jalil J Quazi Shafiuddin J Mostafizur Rahman ..........Petitioner. Vs. Bangladesh, represented by the Secretary, Ministry of Home Affairs, Government of the People's Republic of Bangladesh, Secretariat Building, Dhaka and others ……�......preme Court High Court Division (Special Original Jurisdiction) Present: Abdul Jalil J Quazi Shafiuddin J Mostafizur Rahman ..........Petitioner. Vs. Bangladesh, represented by the Secretary, Ministry of Home Affairs, Government of the People's Repub......2) 312.......adat Hossain, Monsur Ali and the Petitioner. Aminul Hoque, Attorney‑General, with Abdul Wadud Bhuiyan, Additional Attorney‑General, Syed JR Modassir Hossain, Deputy Attorney‑General & Md. Obaidur Rahman, Assistant Attorney‑General ‑For the Respondents. Yusuf Humayun Hossain..

Category: Criminal Law | Date: | Hits: 113

Sheerin Alam Chowdhury Vs. Captain Shamsul Alam Chowdhury, 1995, 24 CLC (HCD)

.... been surrendered by her in consideration for the dissolution of marriage through ‘khula’. There shall be no order as to costs. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 79. ......l Karim, the learned Counsel, appearing on behalf of her husband. 21. Mr. Md. Fazlul Karim submits that ‘‘khula’' is not a popular method nor a recognised system in this part of the country (Bangladesh) for the dissolution of marriage. He next submits that the ground for ‘khula’ Divorce......Reported in: 48 DLR (HCD) (1996) 79. ...... 17 DLR 687; 32 DLR 94; Mst. Khurshid Bibi Vs. Baboo Muhammad Amin, 19 DLR (SC) 97; Bilquis Fatema Vs. Najam‑ul‑Ikram, 11 DLR (WP Lahore) page 109. Lawyers Involved: Dr. Rafiqur Rahman with Md. AY Masihuzzaman, Advocates ‑ For the Petitioner (In Criminal Nos. 3451 and 3474 of 1992). M..

Category: Family Law | Date: | Hits: 265

Tahera Nargis Syed Vs. Shamsur Rahman, Deputy Inspector General of Prisons, Dhaka Central Jail, 1989, 18 CLC (HCD)

.... section 491 of the Code of Criminal Procedure in Criminal Miscellaneous Case No.173 of 1988 in this Court. During the pendency of a Rule issued thereon the order of detention was extended by the Government by order dated 7.12.88 for a period of 3 months. The said Criminal Miscellaneous Case was...... there and as such the detenu could not go out. 11. It is submitted by the contemner that he has not violated any order of this Court and cannot conceive of any situation when he or any citizen of Bangladesh can disregard, flout, violate, disrespect or disobey any order of this Court. The contemn...... High Court Division (Dhaka Bench) (Special Original Jurisdiction) Present: Mustafa Kamal J Md. Mozammel Hoque J Tahera Nargis Syed……………………………Petitioner Vs. Shamsur Rahman, Deputy Inspector General of Prisons, Dhaka Central Jail………………�......3) days. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 508. ..

Category: Criminal Law | Date: | Hits: 124

Syed Alim Mansur Vs. Registrar, Joint Stock Companies, 1989, 18 CLC (HCD)

....y is to file the receipt of payment one week before drawing up of the order. The Company shall bear the cost of this application. Ed. This Case is also Reported in: 42 DLR (HCD) (1993) 43. ...... others, to culture, develop and process all kinds of fish marine products and sea foods of any nature or type whatsoever whether inland, off-shore or in the high seas within the economic zone of Bangladesh and within such permissible limits as may be allowed under the laws of Bangladesh and oth......sdiction) Present: AM Mahmudur Rahman J Syed Alim Mansur, Director of the Aqua Culture Farms Ltd., Osman Court, 70 Agrabad C/A, Chittagong.......................................Petitioner Vs. Registrar, Joint Stock Companies, Motijheel Commercial Area, Dhaka........Respondent Jud......y is to file the receipt of payment one week before drawing up of the order. The Company shall bear the cost of this application. Ed. This Case is also Reported in: 42 DLR (HCD) (1993) 43. ..

Category: Company Law | Date: | Hits: 191

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