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Suresh Majumder and Others Vs. Government of Bangladesh & Others, 1998, 27 CLC (HCD)

....eme Court High Court Division (Barisal Bench) (Civil Revisional Jurisdiction) Present: Qazi Shafi Uddin J Suresh Majumder and Others...........................Petitioners Vs. Government of Bangladesh & Others............Opposite Parties Judgment March 23, 1988. ......igh Court Division (Barisal Bench) (Civil Revisional Jurisdiction) Present: Qazi Shafi Uddin J Suresh Majumder and Others...........................Petitioners Vs. Government of Bangladesh & Others............Opposite Parties Judgment March 23, 1988. Result: The....... ...... the category of defendants and accordingly the plaint may be amended. Accordingly the Rule is disposed of without any order as to costs. Ed. This Case is also Reported in: 42 DLR (1990) 10. ..

Category: Procedural Law | Date: | Hits: 82

Mahtabuddin Ahmed Vs. The Principal Secretary, President's Secretariat, Dhaka and Others, 1989, 18 CLC (HCD)

....(Enq)/PA-13/85-240 dated 15.10.85 Annexure 'E' as per decision in Memo No. 6501/3/ML-2/E/147 dated November 1, 1989, Annexure 'H'. 2. The petitioner's case in short is that the petitioner joined Government service as an Assistant Engineer in the year 1962, being appointed by the then erstwhil......Superintending Engineer, Road Circle, Dhaka and completed 7(seven) projects in record time as per direction of the then DCMLA and Minister-in-Charge of the Ministry of Communications, Government of Bangladesh. In appreciation of the services of the petitioner the then Chief Engineer, Roads and H...... 1. ......mber 14, 1989. Result: The order passed to review. Lawyers Involved: Shamsul Huq Chowdhury with Mahmudul Islam. Salma Masud Chowdhury, Ali Akbar, Advocates—For the Petitioner. Md. Delwar Hossain, Assistant Attorney General—For the State. Writ Petition No.1701 of 1988. ..

Category: Employment/Service Law | Date: | Hits: 209

Zeenat Mosharraf Vs. Md. Sirajul Huq, District Anti-Corruption Officer & others, 2001, 30 CLC (HCD)

....t No.5 as contained in Annexure A‑1 are hereby declared to have been made without any lawful authority and are of no legal effect. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 457. ......gned memos directing the petitioner to remain present for search of her lockers are mala fide and without any lawful authority......................................(10) Cases Referred to- Arab Bangladesh Bank Ltd. Vs. Md. Shahiduzzaman, Deputy Director, Bureau of Ant-‑Corruption, Dhaka and ......ial original Jurisdiction) Present: MM Ruhul Amin J Md. Munsurul Hoque Chowdhury J Zeenat Mosharraf...........................................................................Petitioner Vs. Md. Sirajul Huq, District Anti-Corruption Officer & others………………………........d are of no legal effect. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 457. ..

Category: Criminal Law | Date: | Hits: 305

Ka Bi Ma Iftekhar Anam Vs. State & another, 2010, 39 CLC (HCD)

.... granted earlier shall stand vacated. Send a copy of this order to the Assistant Sessions Judge, 3rd Court, Rajshahi for compliance. Ed. This Case is also Reported in: 63 DLR (HD) (2011) 338. ......ession and due to business purpose, there has been a good relation between them, in course of time the accused Ka Bi Ma Iftekhar Anam on 9-6-2006 issued a cheque of Taka 13,60,000 through Islami Bank Bangladesh Ltd. Paltan Branch, Dhaka to the complainant out of outstanding liabilities; that the c...... Supreme Court High Court Division (Criminal Miscellaneous Jurisdiction) Present: Siddiqur Rahman Miah J Farah Mahbub J Ka Bi Ma Iftekhar Anam……………………Petitioner Vs. State & another……………………Opposite Parties Judgment February 28, 2010....... of 2007 under section 138 of the Negotiable Instruments Act, 1881 now pending in the Court of the learned Assistant Sessions Judge, 3rd Court, Rajshahi should not be quashed. 2. On 3-6-2007 one Md. Abul Kalam Azad @ Badal as a complainant filed a Petition of complaint in the Court of learned C..

Category: Criminal Law | Date: | Hits: 94

Abu Hena Mostafa Kamal & another Vs. Bangladesh and others, 2011, 40 CLC (HCD)

....es impugned against in all the petitions are hereby declared to have been passed without lawful authority and are of no legal effect. Ed. This Case is also Reported in: 63 DLR (HD) (2011) 334. ...... High Court Division (Special Original Jurisdiction) Present: Md. Ashfaqul Islam J SM Emdadul Hoque J Abu Hena Mostafa Kamal & another…………………Petitioners Vs. Bangladesh and others…………………Respondents Judgment January 27, 2011. Result: ......e Court High Court Division (Special Original Jurisdiction) Present: Md. Ashfaqul Islam J SM Emdadul Hoque J Abu Hena Mostafa Kamal & another…………………Petitioners Vs. Bangladesh and others…………………Respondents Judgment January 27, 2011. Re...... lawful authority and are of no legal effect. Ed. This Case is also Reported in: 63 DLR (HD) (2011) 334. ..

Category: Fiscal/Taxation Law | Date: | Hits: 167

AFM Hamidul Hoque Vs. Director, National Savings Directorate and others, 2002, 31 CLC (HCD)

.... cause why the impugned Memo No.F‑4(33) Sanchan-1/94/1410(9) dated 10‑9‑1994 issued by the respondent No.1 suspending the petitioner from the post of Sanchaya Officer under Rule 11 (1) of the Government Servants (Discipline and Appeal) Rules, 1985 should not be declared to have been made wit......he appeal. Under the above circumstances, we find merit in this Rule. In the result the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 55 DLR (2003) 455.......on (Special Original Jurisdiction) Present: SAN Mominur Rahman J Md. Arayesuddin J AFM Hamidul Hoque...…………………………………………………………..Petitioner Vs. Director, National Savings Directorate and others……………….Respondents Judgment ......thout any order as to costs. Ed. This Case is also Reported in: 55 DLR (2003) 455...

Category: Employment/Service Law | Date: | Hits: 147

Sadia Chowdhury Parag Vs. Chairman, Film Censor Board & others, 2003, 32 CLC (HCD)

....to a suit for damages or for remedies available under the Censorship Act, inasmuch as Section 7 of the Censorship of Film Act, 1963 (Act XVIII of 1963) provides for decertification of a film if the Government is of the opinion that a certified film or class of certified films should, in the intere...... class of certified films should, in the interest of law and order, or in the interest of local film industry, or in any other national interest, be decertified in respect of the whole or any part of Bangladesh, it may of its own motion, by notification in the official gazette, direct that such film...... High Court Division (Special Original Jurisdiction) Present: MA Aziz J Nozrul Islam Chowdhury J Sadia Chowdhury Parag…………………………………………...Petitioner Vs. Chairman, Film Censor Board & others.................Respondents Judgment January 2......r as to cost. The Producer and Director of the film "Hason Raja'' is at liberty to release/screen the film without any hindrance from anyone. Ed. This Case is also Reported in: 55 DLR (2003) 445...

Category: Civil Law | Date: | Hits: 210

Moti Miah Vs. Ful Miah and others, 2008, 37 CLC (HCD)

....Send down the lower Court records along with a copy of the Judgment and order to the Court concerned. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 447; 13 MLR (HCD) (2008) 279. ...... went to plaintiff Moti Miah and at the time of recent survey operation, plaintiff, being in physical possession, got the property recorded in his name in the BS Khatian and thereafter took loan from Bangladesh Krishi Bank, Nasirnagar Branch, by mortgaging the suit land and was paying taxes and rent......0) 447; 13 MLR (HCD) (2008) 279. ...... and 31-8-2004 respectively. 6. Being aggrieved thereby, the plaintiff as petitioner filed an application under section 115(1) of the CPC before this Court and obtained the present Rule. 7. Mr. Md. Abul Kashem Bhuiyan, the learned Advocate appearing on behalf of the petitioner, submits that th..

Category: Property Law | Date: | Hits: 121

Nitai Kumar Mondol Vs. Judge, Artha Rin Adalat, and another, 2008, 37 CLC (HCD)

.... him into jail. Office is directed to communicate the order at once with a copy of Judgment for information and necessary action. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 446. ...... For Respondent No.2. Writ Petition No.8106 of 2006. Judgment SM Ziaul Karim J.- This Rule Nisi was issued on an application under Article 102 of the Constitution of the People's Republic of Bangladesh, calling upon the respondents to show cause as to why insertion of section 34 in the Arth......62 DLR (HCD) (2010) 446. ...... him into jail. Office is directed to communicate the order at once with a copy of Judgment for information and necessary action. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 446. ..

Category: Civil Law | Date: | Hits: 140

Syeda Sajeda Chowdhury Vs. State, 2010, 39 CLC (HCD)

.... Judge, Dhaka should notbe quashed and/or pass such other or further order ororders as to this Court may seem fit and proper. 2. The facts relevant for disposal of the rule, in short, are that the Government through the Bureau of Anti-Corruption lodged a first information report in Motijheel Poli......002 now pending in the Court of Divisional Special Judge, Dhaka is quashed in respect of the petitioner only. Ed. This Case is also Reported in:62 DLR (HCD) (2010) 441; 18 BLT (HCD) (2010) 249. ......rt High Court Division (Criminal Miscellaneous Jurisdiction) Present: Md. Shamsul Huda J Abu Bakar Siddiquee J Syeda Sajeda Chowdhury……………………..Accused-Petitioner Vs. State……………………Opposite Parties Judgment March 24, 2010. Result: T......titioner only. Ed. This Case is also Reported in:62 DLR (HCD) (2010) 441; 18 BLT (HCD) (2010) 249. ..

Category: Criminal Law | Date: | Hits: 137

Wahed Asgar Chowdhury Vs. Judge 2nd Artha Rin Adalat & others, 2010, 39 CLC (HCD)

....n Case No.215 of 2004 now pending in the Artha Rin Adalat No.1, Chittagong be declared to be unlawful and not maintainable at all. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 331. ......movable properties belonging to the Wahed Jute Mills Ltd. were mortgage to the respondent banks by way of equitable mortgage along with other fixed and floating assets and as the respondent No.12 Bangladesh Shilpa Bank provided the foreign currency portion of the loan facility, the documents of ......1. ......hat since the final decree is illegal the impugned execution case started on the basis of this illegal final decree also is illegal and, as such, it cannot be maintained. 6. On the other hand, Mr. Md. Mozibur Rahman Miah, the learned Advocate for the respondent No.3 and 11 has made submission to ..

Category: Civil Law | Date: | Hits: 134

Kartic Das Gupta Vs. Election Commission and others, 2011, 40 CLC (HCD)

....observations and directions both the Rules are disposed of. The order of status quo granted earlier on 6-2-2011 is hereby vacated. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 313. ......ent February 15, 2011. Result: Both the Rules are disposed of. Cases Referred to- Abul Kalam Shamsuddin Vs. Anti-Corruption Commission, 14 MLR (AD) 153; Basic Engineering Limited Vs. Bangladesh, 2006 (XIV) BLT (HCD) 328; Kazi Mukhlesur Rahman Vs. Bangladesh, 26 DLR (AD) 44. Lawy......ment here. Supreme Court High Court Division (Special Original Jurisdiction) Present: Farah Mahbub J Farid Ahmed J Kartic Das Gupta……………………………Petitioner Vs. Election Commission and others……………………………Respondents Judgment Feb......Vs. Bangladesh, 26 DLR (AD) 44. Lawyers Involved: Rafique-ul-Huq, Senior Advocate with Ahsanul Karim, with Jahangir Kabir, Advocates - For the Petitioner (In Writ Petition No.9748 of 2010). Md. Hafizur Rahman Khan, Advocate - For the Petitioner (In Writ Petition No. 601 of 2011). Tawhid..

Category: Election Law | Date: | Hits: 217

Shamsul Huq Chowdhury Vs. Justice Md. Abdur Rouf & others, 1995, 24 CLC (HCD)

....hereafter cannot be appointed a Judge and for that matter hold the office of a Judge of the Appellate Division of the Supreme Court of Bangladesh. He submitted that the State includes Parliament, the Government and statutory public authority according to the defining clause and the Judiciary having ...................Respondents Judgment July 27, 1995 Result: The Rule is discharged. Cases Referred to- AIR 1967 (Kerala) 259; 39 DLR (AD) 59; Writ Petition No.37 of 1987 (Not reported); Bangladesh Vs. Md. Habibur Rahman alias Manu, 31 DLR (AD) 152; Jamil Huq and others Vs. Bangladesh a......eme Court High Court Division (Special Original jurisdiction) Present: Habibur Rahman Khan J M M Ruhul Amin J Shamsul Huq Chowdhury...................................Petitioner Vs. Justice Md. Abdur Rouf & others.........................Respondents Judgment July 2......gh Court Division (Special Original jurisdiction) Present: Habibur Rahman Khan J M M Ruhul Amin J Shamsul Huq Chowdhury...................................Petitioner Vs. Justice Md. Abdur Rouf & others.........................Respondents Judgment July 27, 1995 Resu..

Category: Constitutional Law | Date: | Hits: 353

Kazi Gowaherul Islam (KJ Islam) Vs. Standard Co-operative Credit Society Ltd and another, 1998, 27 CLC (HCD)

.... Rin Adalat No.2, Dhaka is hereby directed to return the plaint to the filing Advocate for presentation before the appropriate Court. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 333. ......n Adalat is not an ordinary civil Court. It is a civil Court of defined nature and only a financial institution or an organisation which has been given licence to act as financial institutions by the Bangladesh Bank can file a suit in the Adalat for realisation of any loan which is absent in the pre....... ...... Rin Adalat No.2, Dhaka is hereby directed to return the plaint to the filing Advocate for presentation before the appropriate Court. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 333. ..

Category: Civil Law | Date: | Hits: 135

Saiful Islam Dilder Vs. Government of Bangladesh and others, 1998, 27 CLC (HCD)

....(HCD) (1998) 318. ......18. ......50 DLR (HCD) (1998) 318. ...... find any substance in this writ petition. In the result, this writ petition is rejected in limine without any order as to costs. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 318. ..

Category: Constitutional Law | Date: | Hits: 421

Kazi Mokhlesur Rahman Vs. Government of the People's Republic of Bangladesh and others, 1996, 25 CLC (HCD)

....dul Matin J Kazi Mokhlesur Rahman……………………………………………………………………Petitioner Vs. Secretary, Ministry of Law, Justice and Parliamentary Affairs, Government of the People's Republic of Bangladesh and others…………………………………�......�…………………………………………………………………Petitioner Vs. Secretary, Ministry of Law, Justice and Parliamentary Affairs, Government of the People's Republic of Bangladesh and others………………………………………………Respondent Judgment ......l Original Jurisdiction) Present: Md. Mozammel Hoque J Md. Abdul Matin J Kazi Mokhlesur Rahman……………………………………………………………………Petitioner Vs. Secretary, Ministry of Law, Justice and Parliamentary Affairs, Government of the People's Re......nces of the case we pass no order as to cost. Ed. This case is also Reported in: 49 DLR (HD) (1997) 126. ..

Category: Others | Date: | Hits: 212

Shahriar Rashid Khan and another Vs. Bangladesh, 1997, 26 CLC (HCD)

.... (All.) 684; P. Jinardhana Shetty Vs. Union of India, AIR 1970 (Mysore) 171; Tikarao Vs. Hiralal, AIR 1940 (Pat.), 385 (FB); Blyth Vs. Blyth and Pngh, 1965 (2) AER, 817; 11 DLR (SC)1; Asma Jilani Vs. Government of Punjab. PLD 1972 (SC) 139; Khondker Ehtesham Uddin Ahmed Iqbal Vs. Bangladesh, 33 DLR ......Supreme Court High Court Division (Special Original Jurisdiction) Present: Md. Mozammel Hoque J Md. Abdul Matin J Shahriar Rashid Khan..........................Petitioner Vs. Bangladesh represented by the Secretary, Ministry of Law and Parliamentary Affairs and others............. 133. ...... cases, the certificate prayed for is granted. Ed. This Case is also Reported in: 49 DLR (HD) (1997) 133. ..

Category: Criminal Law | Date: | Hits: 202

Habibur Rahman Mondal (Md.) and others Vs. State and another, 2010, 39 CLC (HCD)

....f Gaibandha Police Station against the accused petitioner and five others alleging that the accused-petitioners, while serving as Postal Operator in the Head Post Office, Gaibandha, misappropriated Government fund in connivance with other employees named in the first information report, forged sev......rk and submit police report as early as possible. Let a copy of the judgment and order be transmitted to the Court below without delay Ed. This Case is also Reported in: 63 DLR (2011) 23. ......t Division (Criminal Miscellaneous Jurisdiction) Present: Khandaker Musa Khaled J Quazi Reza-ul-Hoque J Habibur Rahman Mondal (Md.) and others..........................Petitioners Vs. State and another……………………….Opposite-Parties Judgment May 24, 2010. ......orted in: 63 DLR (2011) 23. ..

Category: Criminal Law | Date: | Hits: 101

Shahajada Talukder Vs. Election Commissioner and others, 2003, 32 CLC (HCD)

....d to- AFM Shah Alam Vs. Mujibul Huq, 41 DLR (AD) 68; Rafiqul Alam Vs. Mustafa Kamal, 42 DLR (AD) 137; Ponnu Swam'si Case AIR 1952 SC 64 and Monindar Sing's case AIR 1978 SC 851; Ram Chandra Vs. Government of west Pakistan, AIR 1964 Cal 265, 272; Webb Vs. Minister of Housing and Local Governm......akistan, AIR 1964 Cal 265, 272; Webb Vs. Minister of Housing and Local Government [1965] 2 All ER 193; Shear Vs. Shield, 1914 (AC); Imtiaz Ahmed Vs. Ghulam Ali, 15 DLR (SC) 283; Dr. Nurul Islam Vs. Bangladesh; 1981 BLD (AD) 140=33 DLR (AD) 201; Pratab Singh Vs. Shri Krishna Gupta and others, AIR......preme Court High Court Division (Special original Jurisdiction) Present: Md. Tafazzul Islam J Md. Anwarul Haque J Shahajada Talukder...................................Petitioner Vs. Election Commissioner and others.....................................Respondents Judgment ......he nomination paper already filed by the petitioner. Ed. This Case is also Reported in: 55 DLR (2003) 420...

Category: Election Law | Date: | Hits: 211

Ali Azam Vs. Md. Majibullah, 2002, 31 CLC (HCD)

....eeds. At the time of purchase of those lands, the defendant was unemployed. He was a simple name lender of the plaintiff. The plaintiff mutated his name in the khatian and has been paying rent to the Government. Recently, the defendant claimed title in the suit land and, as such, the plaintiff filed......ed their names, paid rent and have been possessing those land jointly. In 1970 the defendant joined as Accountant in a mill at Chittagong. Thereafter he joined as an officer in Trading Corporation of Bangladesh. They constructed their dwelling house in 1.25 acres of land in 1974 and have been living......5 DLR (2003) 412. ......2003) 412. ..

Category: Property Law | Date: | Hits: 103

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