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AKM Waliullah and others Vs. Secretary, Ministry of Housing and Public Works and others, 2011, 40 CLC (HCD)

....7; Sm. Krishnamoni Vs. Baser Mondal and others, 1963 AIR Calcutta 225; The Province of East Pakistan and others Vs. Sirajul Huq Patwari and another; PLD 1966 Supreme Court 854; People’s Republic of Bangladesh, represented by the Secretary, Ministry of Public Works Vs. Chairman, Court of Settlement....... The connected Civil Rule is also discharged and the stay granted therein is vacated. Send down the lower Court’s record. Faruque Ahmed J.- I agree. Ed. This Case is also Reported in: ......People’s Republic of Bangladesh, represented by the Secretary, Ministry of Public Works Vs. Chairman, Court of Settlement and others, 50 DLR (AD) 93; 20 BLD (AD) 278. Lawyers Involved: Md. Lutfor Rahman Mandal, Advocate-For the appellants. Ms. Promila Biswas, Deputy Attorney General-For t....... The connected Civil Rule is also discharged and the stay granted therein is vacated. Send down the lower Court’s record. Faruque Ahmed J.- I agree. Ed. This Case is also Reported in: ..

Category: Property Law | Date: | Hits: 78

Govt. of Bangladesh & another Vs. M/S Mashriqul Textiles and others, 1982, 11 CLC (AD)

....e Court Appellate Division (Civil Appellate Jurisdiction) Present: FKMA Munim CJ Ruhul Islam J Badrul Haider Chowdhury J Shahabuddin Ahmed J Chowdhury ATM Masud J Govt. of Bangladesh & another.............. Appellants Vs. M/S Mashriqul Textiles and others............. parties agreed upon his appointment in the agreement. In the result, the appeal is dismissed without, however, any order to costs. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 123. ........ Respondents Judgment December 8, 1982. Result: The appeal is dismissed. Lawyers Involved: A.W. Bhuiyan, Additional Attorney General, instructed by B Hossain, Advocate on Record - for the Appellants. H.R. Sharif, advocate, Supreme Court, instructed by Syed Sakhawat Ali, Advoca...... parties agreed upon his appointment in the agreement. In the result, the appeal is dismissed without, however, any order to costs. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 123. ..

Category: Alternative Dispute Resolution | Date: | Hits: 238

Fazler Rahman Talukder Vs. Md. Mohsen Ali Talukder and another, 1982, 11 CLC (AD)

....dgment and decree of the High Court Division and those of the lower Appellate Court are set aside and those of the trial Court restored. Ed. This case is also reported in: 35 DLR (AD) (1983) 116.......dgment and decree of the High Court Division and those of the lower Appellate Court are set aside and those of the trial Court restored. Ed. This case is also reported in: 35 DLR (AD) (1983) 116.......ust fail, because, occupancy holding being a protected interest, it could not be annulled at the instance of the auction pur­chaser of the touzi in revenue sale. 2. The plaintiff brought the suit for dec­laration of his title to and recovery of khas possession in the suit land by evicting the d......dgment and decree of the High Court Division and those of the lower Appellate Court are set aside and those of the trial Court restored. Ed. This case is also reported in: 35 DLR (AD) (1983) 116...

Category: Property Law | Date: | Hits: 58

State Vs. Md. Faisal Alam Ansari and others, 2008, 37 CLC (AD)

....aisal Alam Ansari (appellant) and Humayun Kabir (deceased) were both settled in the USA and were two of three partners in a petrol pump, which they owned in the city of Los Angeles. They both came to Bangladesh on 13.11.1999 and were due to return together on 23.11.1999. On 21.11.1999 the victim Hum......as stated above and the Jail Appeal is accordingly disposed of. Send down the lower Court records along with a copy of this judgment at once. Ed. This Case is also Reported in: ......5 SC 216; Fateh Khan & others Vs. The State, 15 DLR (SC) 51. Lawyers Involved: Khandker Gulzar Hossain, Deputy Attorney General-For the State. Choudhury Sanawar Ali, Advocate-For the Informant. Farida Khan, Advocate-State Defence Lawyer for absconding convicts. Abdul Malek, Se......as stated above and the Jail Appeal is accordingly disposed of. Send down the lower Court records along with a copy of this judgment at once. Ed. This Case is also Reported in: ..

Category: Criminal Law | Date: | Hits: 94

Samerendra Samajpati and others Vs. Government of the People’s Republic of Bangladesh, 2012, 41 CLC (AD)

....d Imman Ali J Md. Shamsul Huda J Samerendra Samajpati and others…………………………………………………………Petitioners Vs. Government of the People’s Republic of Bangladesh and others………….Respondents Judgment March 5, 2012. Result: The petiti......r of the High Court Division. We do not find any merit in the leave petition. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: ......te-on-Record-For the Petitioners. Dr. Naim, Advocate, instructed by Syed Mahbubur Rahman, Advocate-on-Record-For Respondent No.2 Not represented- For Respondent Nos.1 & 3. Civil Petition for Leave to Appeal No.159 of 2011. (From the judgment and order dated 29th November, 2010 passed......r of the High Court Division. We do not find any merit in the leave petition. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: ..

Category: Property Law | Date: | Hits: 69

Abdul Mannan Bhuiyan Vs. State, 2010, 39 CLC (AD)

.... Vs. Sorowaraedel, 5BLC, 451; State Vs. Puran Vs. State of Punjub, AIR 1953 SC 459; P.K. Singh Vs. State of Monipur, AIR 1956 SC 9; Suvamania Vs. Gounan Vs. State of Madras, AIR 1958 SC 66; BLAST Vs. Bangladesh, 23BLD 115; State Vs. Fozu Kazi @ Kazi Fazlur Rahman, 29 DLR (SC) 271; Jaigun Bibi Vs. St......t Division, in the premises, are perfectly justified in maintaining the conviction and sentence of the appellant. The appeal is therefore dismissed.  Ed. This Case is also Reported in: ......8 passed by the High Court Division in Criminal Appeal No.2931 of 2001.) Judgment  Surendra Kumar Sinha J.- Appellant Abdul Mannan Bhuiyan along with nine other accused was put on trial before the learned Assistant Sessions Judge, 1st Court, Comilla to face charges under sections 395/397......t Division, in the premises, are perfectly justified in maintaining the conviction and sentence of the appellant. The appeal is therefore dismissed.  Ed. This Case is also Reported in: ..

Category: Criminal Law | Date: | Hits: 100

Biman Bangladesh Airlines Limited and others Vs. Md. Moniruzzaman and others, 2011, 40 CLC (AD)

....(Civil) Present: Md. Muzammel Hossain CJ Surendra Kumar Sinha J MA Wahhab Miah J Nazmun Ara Sultana J Syed Mahmud Hossain J Md Imman Ali J Md. Mamtaz Uddin Ahmed J Biman Bangladesh Airlines Limited and others.........Appellants Vs. Md. Moniruzzaman and others...........service benefit from the date of passing the judgment and order by the High Court Division on 18-3-2010 in writ petition No.4480 of 2009. Ed. This Case is also Reported in: 17 BLC (AD) (2012) 56.......h, 2010 passed by a Division Bench of the High Court Division in Writ Petition No. 4480 of 2009 making the Rule absolute. 2. Respondent No.1 as petitioner filed the above mentioned writ petition before the High Court Division challenging the vires of regulation 52(1) of the Bangladesh Biman Corpo......service benefit from the date of passing the judgment and order by the High Court Division on 18-3-2010 in writ petition No.4480 of 2009. Ed. This Case is also Reported in: 17 BLC (AD) (2012) 56...

Category: Employment/Service Law | Date: | Hits: 111

Government of Bangladesh and others Vs. Abdul Motaleb & others, 2011, 40 CLC (HCD)

.... Present: Surendra Rumar Sinha J MA Wahhab Miah J Nazmun Ara Sultana J Syed Mahmud Hossain J Md. Imman Ali J Md. Mamtaz Uddin Ahmed J Md. Shamsul Huda J Government of Bangladesh and others.........Appellants (In all the appeals) Vs. Abdul Motaleb & others........ based on proper appreciation of laws and facts. Accordingly, all the 3 (three) appeals are dismissed without any order as to costs. Ed. This Case is also Reported in: 17 BLC (AD) (2012) 50. ......isposed of by this common judgment as they facts. 3. The facts, leading to the filing of these appeals, in short, are that Abdul Motaleb and 36 others as the plaintiffs instituted the instant suit for declaration of their title in the suit land described in the schedule to the plaint. The land co...... based on proper appreciation of laws and facts. Accordingly, all the 3 (three) appeals are dismissed without any order as to costs. Ed. This Case is also Reported in: 17 BLC (AD) (2012) 50. ..

Category: Property Law | Date: | Hits: 67

Government of the People's Republic of Bangladesh Vs. Nasirur Rahman, 2011, 40 CLC (AD)

.... Court Appellate Division (Civil) Present: Md. Muzammel Hossain CJ Surendra Kumar Sinha J Md. Abdul Wahhab Miah J Syed Mahmud Hossain J Government of the People's Republic of Bangladesh, Represented By the Secretary, Ministry of Women and Children Affairs, Bangladesh Secreta......on of the direction given by the High Court Division in the impugned judgment and order. Ed. This Case is also Reported in: 32 BLD (AD) (2012) 87, 9 LG (AD) (2012) 50, 17 MLR (AD) (2012) 89. ...... of. Lawyers Involved: Mahbubey Alam, Attorney General instructed by M. Wali-ul-Islam, Advocate-on-Record-For the Petitioners. Nasirur Rahman, in person-For the Respondent. Civil Petition for Leave to Appeal No.1536 of 2011. Judgment Md. Abdul Wahhab Miah J.- In this petition for l......on of the direction given by the High Court Division in the impugned judgment and order. Ed. This Case is also Reported in: 32 BLD (AD) (2012) 87, 9 LG (AD) (2012) 50, 17 MLR (AD) (2012) 89. ..

Category: Employment/Service Law | Date: | Hits: 119

Government of Bangladesh and Others Vs. Md. Mosharraf Hossain, 2011, 40 CLC (AD)

....endra Kumar Sinha J Md. Abdul Wahhab Miah J Ms. Nazmun Ara Sultana J Syed Mahmud Hossain J Muhammad Imman Ali J Muhammad Mamtaz Uddin Ahmed J Md. Shamsul Huda J Government of Bangladesh and Others……………..Appellants Vs. Md. Mosharraf Hossain………………......not find any error in the impugned judgment and order calling for interference by this Court. Accordingly, this petition is dismissed. Ed. This Case is also Reported in: 32 BLD (AD) (2012) 67......., Advocate-on-Record- For the petitioners. Md. Khurshid Alam Khan, Advocate with Ehsan A. Siddiq, Advocate instructed by Md. Aftab Hossain, Advocate-on-Record-For Rspondent No.1. Civil Petition for Leave to Appeal No.1248 of 2010. Judgment Md. Abdul Wahhab Miah J. - Delay of 154 days in ......not find any error in the impugned judgment and order calling for interference by this Court. Accordingly, this petition is dismissed. Ed. This Case is also Reported in: 32 BLD (AD) (2012) 67...

Category: Employment/Service Law | Date: | Hits: 127

Government of Bangladesh and Others Vs. Himangshu Ranjan Pal, 2011, 40 CLC (AD)

.... Surendra Kumar Sinha J Md. Abdul Wahhab Miah J Nazmun Ara Sultana J Syed Mahmud Hossain J Muhammad Imman Ali J Mohammad Mamtaz Uddin Ahmed J Md. Shamsul Huda J Government of Bangladesh and Others………………………Appellant Vs. Himangshu Ranjan Pal…………......dgment of the Administrative Appellate Tribunal. In the result, the Civil Petition for Leave to Appeal No.2356 of 2009 is dismissed. Ed. This Case is also Reported in: 32 BLD (AD) (2012) 64. ......ty Attorney General, Instructed by B. Hossain, Advocate-on-Record-For the Petitioner. Mahbub Ali, Advocate, Instructed by Ms. Shirin Afroz, Advocate-on-Record-For the Respondent. Civil Petition for Leave to Appeal No. 2356 of 2009. Judgment Md. Shamsul Huda J. - The instant Civil Petitio......dgment of the Administrative Appellate Tribunal. In the result, the Civil Petition for Leave to Appeal No.2356 of 2009 is dismissed. Ed. This Case is also Reported in: 32 BLD (AD) (2012) 64. ..

Category: Administrative Law | Date: | Hits: 240

Azmal Khan Vs. Md. Afzal Khan and others, 2011, 40 CLC (AD)

....ame. We find no substance in the contention of Mr. Kamal-ul-Alam. The appeal is, therefore, dismissed without any order as to costs. Ed. This Case is also Reported in: 64 DLR (AD) (2012) 17. ......ame. We find no substance in the contention of Mr. Kamal-ul-Alam. The appeal is, therefore, dismissed without any order as to costs. Ed. This Case is also Reported in: 64 DLR (AD) (2012) 17. ......3. Civil Appeal No.91 of 2008 (From the Judgment and Order dated 7-2-2006 passed by the High Court Division in Civil Revision No.3682 of 2003) Judgment Surendra Kumar Sinha J. - In a suit for partition among the co-sharers, the defendant No.2 who is appellant before us filed additional w......ame. We find no substance in the contention of Mr. Kamal-ul-Alam. The appeal is, therefore, dismissed without any order as to costs. Ed. This Case is also Reported in: 64 DLR (AD) (2012) 17. ..

Category: Civil Law | Date: | Hits: 86

Ramjan Ali Mistry Vs. Md. Hedayelullah, 1978, 7 CLC (AD)

....ection 19, is not entitled to protection from eviction. In Sk. Md. Emdaduddin Vs. Jasimuddin Mistry, (1973) 25 DLR 404, the view has been taken that the benefit of sub-section (5) of section 18 of Bangladesh Premises Rent Control Ordinance (XX of 1963) can be claimed only where tenant pays rent d......td. Vs. Shri Ram Krishna Dalmia, AIR 1973 (SC) 425. In conclusion, we find no merit in this ap­peal, which is dismissed with costs. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 183.......erein it has been held that the point of default that is to be decided by the Court, is whether the tenant has paid rents allowable under the Act to the full extent at the time of the decree or order for ejectment is made and not an earlier date. Reference is to be made to the cases of Ananda Sundar......td. Vs. Shri Ram Krishna Dalmia, AIR 1973 (SC) 425. In conclusion, we find no merit in this ap­peal, which is dismissed with costs. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 183...

Category: Property Law | Date: | Hits: 87

Zaminur Rahman & others Vs. Bangladesh & others, 1978, 7 CLC (AD)

....upreme Court Appellate Division (Civil) Present: Kemaluddin Hossain CJ KM Subhan J Badrul Haider Chowdhury J Zaminur Rahman & others…………………Appellants Vs. Bangladesh & others……………………Respondents Judgment August 21, 1978. Resul......uraged. In the above premises the appeal is dis­missed but in the facts and circumstances of the case, we make no order as to costs. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 171.......ngladesh & others……………………Respondents Judgment August 21, 1978. Result: The appeal is dis­missed. Cases Referred to- Burmah Oil Company Limited Vs. The Trustees for the Port of Chittagong (1962) 14 DLR (SC) 106; PLD 1961 S.C. 452; Matthews Vs. Chicory Markeling......uraged. In the above premises the appeal is dis­missed but in the facts and circumstances of the case, we make no order as to costs. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 171...

Category: Fiscal/Taxation Law | Date: | Hits: 112

Mullick Brothers Vs. Income Tax Officer and another, 1978, 7 CLC (HCD)

....rcle, Dacca-1. The Review petition has since not been disposed of and it is pending with the said Central Board of Revenue now the Revenue Depart­ment of the Government of the People’s Republic of Bangladesh. 4. Meanwhile, the said Income Tax Offi­cer respondent No.1 issued, a notice being No...... premises the appeal is allowed but without any order as to costs. The impugned demand notices are declared to be of no lawful authority. Ed This Case is also Reported in: 31 DLR (AD) (1979) 165.......ecial leave is from the Judgment and order of the High Court passed in Writ Petition No.488 of 1974. 2. The appellant is a registered Partner­ship firm declared an excess income of Tk. 1,40,000/- for 9 assessment years beginning from the year 1960-61 in terms of Martial Law Regulation No.32 of 1......e Armed Forces of the Republic, shall exercise all the Executive and Legislative powers of the Republic including the power to grant pardon." On the same day that is 10th April, 1971 Laws Continuance Enforcement Order 1971 was also proclaimed in order to establish the laws that were in force in Bang..

Category: Fiscal/Taxation Law | Date: | Hits: 122

Mohammad Golam Rabbani and another Vs. Government of People's Re­public of Bangladesh, 1978, 7 CLC (AD)

.... Kemaluddin Hossain CJ Fazle Munim J Ruhul Islam J KM Subhan J Mohammad Golam Rabbani and another…………………………Appellant Vs. Government of People's Re­public of Bangladesh………………………Respondent Judgment November 22, 1978. Result: The ......nd the observations in paragraphs 10-15 in entirely are expunged. In the result the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 163.......8th August, 1977 passed by the High Court Division in Criminal Appeal Nos. 114 and 115 of 1974). Judgment K M Subhan J.- In this appeal two learned Advocates are the appellant, and have prayed for expunction of remarks made in the judg­ment of the High Court Division against them, in the cas......nd the observations in paragraphs 10-15 in entirely are expunged. In the result the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 163...

Category: Others | Date: | Hits: 145

Doris Waldman Vs. Bangladesh and others, 1996, 25 CLC (HCD)

.... (1998) 151.......en made without lawful authority and are of no legal effect. In the result, the Rule is made absolute without any order as to costs. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 151.......(27)94/52 dated 27-1-96 (Annexure-C) issued by respondent No.4 should not be declared to have been made without lawful authority and are of no legal effect. 2. The case of the petitioner is as set forth below: The petitioner Mrs. Doris Waldman is an American national. She is the President of ......en made without lawful authority and are of no legal effect. In the result, the Rule is made absolute without any order as to costs. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 151...

Category: Criminal Law | Date: | Hits: 87

Shahnewaz Karim (Md.) Vs. State, 2009, 38 CLC (HCD)

....pplementary affidavit filed by the petitioner that the taxi cab along with 69 other taxi cabs was leased out to the Navana Taxi Cab Company Ltd. by the Industrial Promotion and Development Company of Bangladesh Ltd. (IPDCL) which had issued a certificate to the Navana Taxi Cab Company Ltd. stating a......undertaking to produce the same before the Court on and when directed by the same. Copy be sent down at once. Ed. This Case is also Reported in:62 DLR (HCD) (2010) 67; 18 BLT (HCD) (2010) 5. ......dgment April 13, 2009. Result: The Rule is made absolute. The Code of Criminal Procedure, 1898 (V of 1898); section 561A The Magistrate has the power to make order of temporary custody for the protection of the property produced before him regarding which an offence appears to have be......undertaking to produce the same before the Court on and when directed by the same. Copy be sent down at once. Ed. This Case is also Reported in:62 DLR (HCD) (2010) 67; 18 BLT (HCD) (2010) 5. ..

Category: Criminal Law | Date: | Hits: 110

Jamil Akhter Elahi (Md.) Vs. Government of Bangladesh and others, 2009, 38 CLC (HCD)

....h Court Division (Special Original Jurisdiction) Present: ABM Khairul Haque J Md. Mamtazuddin Ahlmed J Jamil Akhter Elahi (Md.) ………………petitioner Vs. Government of Bangladesh and others…………….Respondents Judgment June 24, 2009. Result: The Rul......ion is misconceived and the Rule is liable to be discharged. In the result, the Rule is discharged but without any order as to cost. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 64.......espondent Sonali Bank Limited. 2. It is stated in the petition that the Board of Directors of the Sonali Bank Limited, in its 82nd Board meeting held on 12-5-2009, approved the ear loan facilities for the executives of the bank having the rank of Assistant General Manager (AGM) and upwards. 3.......ion is misconceived and the Rule is liable to be discharged. In the result, the Rule is discharged but without any order as to cost. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 64...

Category: Others | Date: | Hits: 134

Nasiruddin (Md.) Vs. State, 2009, 38 CLC (HCD)

.... the result, the appeal is allowed with modification. Send down the Lower Court Records at once. Communicate the order at once. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 49. ...... the result, the appeal is allowed with modification. Send down the Lower Court Records at once. Communicate the order at once. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 49. ......ed by the special Tribunal No.7, Narayanganj in special Tribunal Case No.184 of 2005, convicting the accused under section 19(A) and (f) of the Arms Act sentencing him to suffer rigorous imprisonment for 14 years and 7 years, respectively, and further directing that both the sentences shall run conc...... the result, the appeal is allowed with modification. Send down the Lower Court Records at once. Communicate the order at once. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 49. ..

Category: Criminal Law | Date: | Hits: 79