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Md. Kamruzzaman and others Vs. Abdus Sattar and others, 2008, 37 CLC (HCD)

....e Referred to- Daibakilal Vs. Iqbal Ahmed, 17 DLR 119; Hupen Majhi Vs. Abdul Khair, 25 DLR 3; Paul Reinhurt Ltd. Vs. Prime Textiles Spinning Mills Ltd., 22 BLD 41. Lawyers Involved: Abdus Samad with Bazlul Kabir, Advocate - For the Petitioners. Abdul Matin Mondal, Advocate - For the Opp...... the case and conclude the same within 3 months from the date of receipt of this order. Send down the lower Court records at once. Ed. This Case is also Reported in: 14 MLR (HCD) (2009) 260. ...... 29.03.2001 and 04.04.2001 respectively passed by the learned Assistant Judge, Rajibpur, Kurigram, in other Class Suit No.2 of 1994 decreeing the suit should not be set aside or such other or further order or orders passed as to this Court may seem fit and proper. 2. The facts involved for dispos...... the case and conclude the same within 3 months from the date of receipt of this order. Send down the lower Court records at once. Ed. This Case is also Reported in: 14 MLR (HCD) (2009) 260. ..

Category: Property Law | Date: | Hits: 48

Md. Nur Hossen Vs. State, 2007, 36 CLC (HCD)

....r Hossen…………………….Appellant Vs. The State……………………..Respondent Judgment September 20, 2007. Result: The Appeal is dismissed Cases Referred to- Shadhu Miah and others Vs. The State with Md. Abdul Karim and others Vs. The State, BCR 2005 (HCD) 508......pellant Nur Hossen shall be set at liberty on his serving the remaining portion of sentence, if any. Send down the L.C.R at once. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 251. ...... General - For the State. Criminal Appeal No.2869 of 2002. Judgment Siddiqur Rahman Miah J.- This appeal under section 30 of the Special Powers Act, 1974 is directed against the judgment and order dated 24.08.2002 passed by the learned Judge, Metropolitan Special Tribunal No.6, Dhaka, in Me......pellant Nur Hossen shall be set at liberty on his serving the remaining portion of sentence, if any. Send down the L.C.R at once. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 251. ..

Category: Criminal Law | Date: | Hits: 77

Enayet Chowdhury and others Vs. State and another, 2006, 35 CLC (HCD)

.... Court is hereby vacated. Ed. This Case is also Reported in: 13 BLC (HCD) (2008) 50. ...... no merit in the Rule. In the result, the Rule is discharged. The order of stay granted earlier by this Court is hereby vacated. Ed. This Case is also Reported in: 13 BLC (HCD) (2008) 50. ......llah, Deputy Attorney-General - For the State/Opposite Party.  Criminal Miscellaneous Case No.9002 of 2004. Judgment Sharifuddin Chaklader J.- This Rule is directed against Judgment and order dated 18-3-2004 passed by the learned Judge of Janonirapatta Bighnakari Aparadh Daman Tribunal...... no merit in the Rule. In the result, the Rule is discharged. The order of stay granted earlier by this Court is hereby vacated. Ed. This Case is also Reported in: 13 BLC (HCD) (2008) 50. ..

Category: Criminal Law | Date: | Hits: 39

Sufi Samrat Hazrat Mahbub-e-Khuda Vs. RAJUK and others, 2007, 36 CLC (HCD)

....ny order as to costs. Ed. This Case is also Reported in: 13 BLC (HCD) (2008) 102. ......tted complying with the Building Construction Rules, 1996. In the result, the Rule is made absolute without any order as to costs. Ed. This Case is also Reported in: 13 BLC (HCD) (2008) 102. ......his agent but the respondent No.2 refused to entertain the same and thereafter the petitioner sent the same to the respondent No.2 by registered post. Although the said two notices were stayed by the order dated 3-7-2005 the respondents purported to have issued the impugned final notice/ (চূড়......tted complying with the Building Construction Rules, 1996. In the result, the Rule is made absolute without any order as to costs. Ed. This Case is also Reported in: 13 BLC (HCD) (2008) 102. ..

Category: Property Law | Date: | Hits: 64

Shafiqul Islam Khan Vs. The Commissioner of Taxes, 2012, 41 CLC (HCD)

....ree. This Case is also Reported in: ......hall be no order as to costs. The connected Rule being No.20 (ref)/2007 is disposed off with the above observation accordingly. FRM Nazmul Ahasan J. - I agree. This Case is also Reported in: ......e of the fact that the assessee disclosed the source of the money with supporting evidences. (2) Whether on the facts and in the circumstances of the case the Tribunal was justified in passing the order without complying the Provision of Section 159(2) of the ITO, 1984, considering the evidences ......hall be no order as to costs. The connected Rule being No.20 (ref)/2007 is disposed off with the above observation accordingly. FRM Nazmul Ahasan J. - I agree. This Case is also Reported in: ..

Category: Fiscal/Taxation Law | Date: | Hits: 83

Metro Makers and Developers Limited and others Vs. Bangladesh Environmental Lawyers’ Association Limited (BELA) and others, 2012, 41 CLC (AD)

....orted in: ......ides a long-term strategy for 20 years to 2015for the development of the greater Dhaka sub-region. Paragraph 1.2.2 contains “The Urban Area Plan (UAP)”. The DMDP Urban Area Plan (UAP) provides an interim mid-term strategyforthe10 years and covers for the development of urban areas within Metro D......tion No.1689 of 2006). Civil Appeal No.256 of 2009. With Civil Appeal Nos.253-255 of 2009. And Civil Petition for Leave to Appeal No.1689 of 2006. (From the judgment and order dated 27.07.2005 passed by the High Court Division in Writ Petition No.4604 of 2004 with Writ ......red by my brothers, Surendra Kumar Sinha, J. and Syed Mahmud Hossain, J. I agree with the reasoning and findings given by Syed Mahmud Hossain, J. Ed. This Case is also Reported in: ..

Category: Environmental Law | Date: | Hits: 434

Bangladesh Krishi Bank Vs. Government of the People's Republic of Bangladesh and Others, 2007, 36 CLC (HCD)

.... Ed. This Case is also Reported in: 15 MLR (HCD) (2010) 242. ......is sent back to the Court below for writing out a proper order in accordance with law. Send down the lower Court's record at once. Ed. This Case is also Reported in: 15 MLR (HCD) (2010) 242. ......Krishi Bank-petitioner has been 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 the impugned order dated 21.09.1997 passed by the Additional Divisional Commissioner, Chittagong Division in Mone......is sent back to the Court below for writing out a proper order in accordance with law. Send down the lower Court's record at once. Ed. This Case is also Reported in: 15 MLR (HCD) (2010) 242. ..

Category: Civil Law | Date: | Hits: 74

Dr. Jadu Das Gupta alias J.D. Gupta Vs. State, 2009, 38 CLC (HCD)

....ase is also Reported in: 14 MLR (HCD) (2009) 454. ...... and in the light of our observation made out in the body of the judgment. Send a copy of the judgment to the court below at once. Ed. This Case is also Reported in: 14 MLR (HCD) (2009) 454. ......ings of G.R Case No.83 of 2003 arising out of Taknaf Thana Case No.10 dated 13.4.2003, then pending in the Court of First Class magistrate, Court No.2, Cox's Bazar, should not be quashed or any other order passed as this Court may deem fit and proper. 2. By the said Rule issuing order, all furthe...... and in the light of our observation made out in the body of the judgment. Send a copy of the judgment to the court below at once. Ed. This Case is also Reported in: 14 MLR (HCD) (2009) 454. ..

Category: Criminal Law | Date: | Hits: 62

Mst. Rahima Khatun and another Vs. Sree Monoranjon Saha and others, 2006, 35 CLC (HCD)

....d Court, Satkhira, in Title Suit No.400 of 1981. 2. Facts, in short, are that the Plaintiff-Appellant-Petitioners instituted Title Suit No.400 of 1981 in the Court of learned Munsif, Satkhira impleading the opposite parties as defendants praying for a decree for title and confirmation of possessi......e impugned judgment dated12.04.1990 (decree signed on 18.04.1990) is hereby affirmed. Send down the lower Court's records at once. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 334. .......3 & D.W.4. Mr. Md. Serajur Rahman/lastly submits that the plaintiffs kabalas dated 20.6.81 are product of forgery and the same was made in collusion with the plaintiffs and defendant Nos. 1-5 in order to grab the suit land and accordingly 2 (two) Courts below rightly held that the plaintiffs cr......e impugned judgment dated12.04.1990 (decree signed on 18.04.1990) is hereby affirmed. Send down the lower Court's records at once. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 334. ..

Category: Property Law | Date: | Hits: 57

Millan Miah and another Vs. State, 2012, 41 CLC (AD)

.... is dismissed. Ed. This Case is also Reported in:9 ADC (2012) 797. ......ived at. We find no reason to interfere with the impugned decision of the High Court Division. Accordingly, the petition is dismissed. Ed. This Case is also Reported in:9 ADC (2012) 797. ......ate, instructed by Nurul Islam Bhuiyan, Advocate-on-Record—For the Petitioners. Not represented-For Respondent. Criminal Petition for Leave to Appeal No.178 of 2009. (From the judgment and order dated 27th July, 2008 passed by the High Court Division in Criminal Appeal No.837 of 2003) ......ived at. We find no reason to interfere with the impugned decision of the High Court Division. Accordingly, the petition is dismissed. Ed. This Case is also Reported in:9 ADC (2012) 797. ..

Category: Criminal Law | Date: | Hits: 60

Chairman, Rajdhani Unnayan Kartipakha Vs. Ramjan Ali and others, 2006, 35 CLC (HCD)

.... Ramjan Ali being deed his hears: 1(a) Md. Afjal Hossain and others……………………………………………..Opposite Parties Judgment October 19, 2006. Result: The Rule is made absolute. Lawyers Involved: Shah Md. Khasruzzaman with Rashma Sultana-For the Petitioner.&......h the observations made in the body of the judgment. Send down the Lower Court Records at once along with a copy of the Judgment. Ed. This Case is also Reported in: 27 BLD (HCD) (2007) 41. ......the real owner RAJUK since admittedly they were being evicted by serving a legal notice of eviction by RAJUK in accordance with law. 16. In view of the above, the rule is made absolute without any order as to cost. The impugned judgment and decree passed by the appellate court is hereby set aside......h the observations made in the body of the judgment. Send down the Lower Court Records at once along with a copy of the Judgment. Ed. This Case is also Reported in: 27 BLD (HCD) (2007) 41. ..

Category: Property Law | Date: | Hits: 56

Momin Miah & others Vs. Md. Shafiullah Patwari and others, 2007, 36 CLC (HCD)

....ecords are sent down to Courts concerned. Ed. This Case is also Reported in: 13 BLC (HCD) (2008) 86. ......umstances of the case, I direct the parties to bear their respective costs. Lower Courts Records are sent down to Courts concerned. Ed. This Case is also Reported in: 13 BLC (HCD) (2008) 86. ...... and Second-Fourth: opposite parties and other persons as defendants instituted a suit being Title Suit No.10 of 1996 in the Court of Assistant Judge, Kachua, Chandpur for a declaration that ex parts order dated 24-4-1988 recorded in Pre-emption Miscellaneous Case No.66 of 1984 is fraudulent, illega......umstances of the case, I direct the parties to bear their respective costs. Lower Courts Records are sent down to Courts concerned. Ed. This Case is also Reported in: 13 BLC (HCD) (2008) 86. ..

Category: Property Law | Date: | Hits: 64

Nawabgonj Central Co-operative Bank Ltd. Vs. Government of Bangladesh and others, 2007, 36 CLC (HCD)

....ial Original Jurisdiction) Present: ABM Khairul Haque J SM Ziaul Karim J Nawabgonj Central Co-operative Bank Ltd.……………………………Petitioner Vs. Government of Bangladesh and others……………………………Respondents Judgment April 29, 2007. Resul......down the record of Money Execution Case No.4 of 1998 to the concerned Court at once, and the same will proceed in accordance with law. Ed. This Case is also Reported in: 13 BLC (HCD) (2008) 46. ......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 the appellate order (Annexure-B), as contained in Memo No.3291(3) dated 2-10-1989, passed by the respon­dent No.4......down the record of Money Execution Case No.4 of 1998 to the concerned Court at once, and the same will proceed in accordance with law. Ed. This Case is also Reported in: 13 BLC (HCD) (2008) 46. ..

Category: Civil Law | Date: | Hits: 70

Advocate Manzill Murshid and others Vs. Bangladesh, 2011, 40 CLC (HCD)

.... Original Jurisdiction) Present: AHM ShamsuddinChoudhury J Gobinda Chandra Tagore J Advocate Manzill Murshid, Supreme Court Bar Association Building, Hall No. 2, P.S. Shahbag, Dhaka, Bangladesh And others…........................Petitioners Vs. Bangladesh, represented by The Cabi......cide on the validity of a warrant issued by the Parliament to commit a person for alleged contempt of Parliament and that it is competent of the High Court to issue writ of habeas corpus, and to pass interim orders restraining the speaker of the Legislative Assembly and others from implementing dire......ommittee of Law, Justice and Parliamentary Affairs about the Remuneration and Privileges of the Hon’ble Judges of the Supreme Court of Bangladesh (as of Annexure-D) and/or why such other or further order or orders as this Court may deem fit and proper, should not be passed.” 2. The petitioner......mendation by the Parliamentary Sub-Committee on Law Justice Parliamentary Sub-Committee was published, without delay. Gobinda Chandra Tagore J. - I agree. Ed. This Case is also Reported in: ..

Category: Constitutional Law | Date: | Hits: 413

Topesh Narayan Saha and others Vs. Government of the People’s Republic of Bangladesh and others, 2012, 41 CLC (HCD)

.... copy of the judgment. Mohammad Bazlur Rahman J. - I agree. Ed. This Case is also Reported in: ......ourt with two separate writ petitions against the said order dated 17.8.2011 passed by the Zonal Settlement Officer, Comilla in Miscellaneous Case Nos.6282and 6284 of 2010 and obtained the Rules with interim orders of stay. 7. Mrs. Nahid Yesmin, learned Advocate appearing for the petitioners subm......rd simultaneously and are being disposed of by this common judgment as the facts therein are similar, and the law involved and parties are same. 2. The Rules were issued to examine the legality of order dated17.8.2011 passed by the Zonal Settlement Officer, Comilla in Miscellaneous Case Nos.12-13......clared to have been passed without lawful authority and is of no legal effect. Communicate a copy of the judgment. Mohammad Bazlur Rahman J. - I agree. Ed. This Case is also Reported in: ..

Category: Property Law | Date: | Hits: 65

Sonali Bank and another Vs. Chandon Kumar Nandi, 1994, 23 CLC (HCD)

....nt: Md. Sirajul Islam J Sonali Bank and another………………Petitioner Vs. Chandon Kumar Nandi………………Opposite Party Judgment May 12, 1994. Result: The Rule is made absolute. Civil Court had no jurisdiction to entertain the suit of a 'worker' as defined in t...... Judgment and decree passed by the learned District Judge are hereby set aside and those of the learned Assistant Judge are restored. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 330. ......ourt for redress of his grievance under proviso to section 25 of the Employment of Labour (Standing Orders) Act wherein it has been provided that no complaint shall lie before labour Court against an order of termination of employment of a worker under section 19, unless the service of the worker co...... Judgment and decree passed by the learned District Judge are hereby set aside and those of the learned Assistant Judge are restored. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 330. ..

Category: Labour and Industrial Law | Date: | Hits: 137

Abdul Haque Sikder Vs. Divisional Manager (Fertilizer) Bangladesh Agricultural Development Corporation (BADC) and others, 1996, 25 CLC (HCD)

....ischarged without any order as to cost. Ed. This Case is also Reported in:48 DLR (HCD) (1996) 574. ......econd show cause notice. We, therefore, find no merit in this Rule. In the result the Rule is discharged without any order as to cost. Ed. This Case is also Reported in:48 DLR (HCD) (1996) 574. ......he Petitioner. MA Sobhan, Advocate ‑ For the Respondent No.1. Writ Petition No.1791 of 1990. Judgment Kazi Ebadul Hoque J.- In this Rule at instance of the petitioner Abdul Haque Sikder order dated 1‑2‑84 (Annexure‑'O') dismissing the petitioner from service is under challenge. ......econd show cause notice. We, therefore, find no merit in this Rule. In the result the Rule is discharged without any order as to cost. Ed. This Case is also Reported in:48 DLR (HCD) (1996) 574. ..

Category: Labour and Industrial Law | Date: | Hits: 228

Md. Golam Mostafa Vs. State, 2010, 39 CLC (HCD)

....Golam Mostafa…………………………………Petitioner Vs. The State……………………………………….Opposite party Judgment May 24, 2010. Result: The rule is made absolute. Lawyers Involved: Md. Mahbub Ali, Advocate - For the petitioner.   K.M. ......is hereby quashed. The order of stay granted at the time of issuance of the rule is hereby vacated. Communicate the order at once. Ed. This Case is also Reported in: 15 MLR (HCD) (2010) 337. ......ng to Bogra P.S. Case No.49 dated 13.02.2000 under sections 406/420/409/109 of the Penal Code, now pending before the Court of Special Judge, Bogra, should not be quashed and/or such other or further order or orders passed as to this Court may seem fit and proper. 2. The facts leading to the fili......is hereby quashed. The order of stay granted at the time of issuance of the rule is hereby vacated. Communicate the order at once. Ed. This Case is also Reported in: 15 MLR (HCD) (2010) 337. ..

Category: Criminal Law | Date: | Hits: 97

Sultana Jute Mills Ltd. and another Vs. Bangladesh Bank and others, 2007, 36 CLC (HCD)

....h Court Division (Special Original Jurisdiction) Present: Nazmun Ara Sultana J Farid Ahmed J Sultana Jute Mills Ltd and another...............................Petitioners Vs. Bangladesh Bank and others.............................Respondents Judgment April 5, 2007. Resul......judgment and decree passed by the Artha Rin Adalat, the petitioners filed writ petition No.10946 of 2006 before the High Court Division and at the time of issuance of the Rule this Court passed an ad-interim order on condition that the petitioners take steps to pay the money as per offer of the Agra......een passed without lawful authority and is of no legal effect and why the respondents should not be directed to delete the name of the petitioner from the CIB Report and/or pass such other or further order or orders as to this Court may seem fit and proper. 2. The facts of the case as stated in t......is discharged without any order as to cost. The order of stay granted at the time of issuance of Rule on 3.12.2000 is hereby vacated. Ed. This Case is also Reported in: 14 MLR (HCD) (2009) 434. ..

Category: Civil Law | Date: | Hits: 112

Hachina Begum and others Vs. Abdul Mannan and others, 2010, 39 CLC (HCD)

....of fraud by any civil court in an appropriate civil suit……………………….(33) Cases Referred to- 5 BLC (AD) 76; 44 DLR (AD) 162; 39 DLR (AD) 78; 8 BLD 497; 6 MLR (AD) 49; AIR 1928 (Madras) 14; 15 BLD 221; 24 BLD 243; 23 BLD (AD) 82; 7 BLT 133; 35 DLR (AD) 216; 43 DLR (AD) 55; 20 BL......arisal in Title Suit No.23 of 1978 is set-aside. Let a copy of the judgment along with lower Court's record be sent down at once. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 628. ...... government on 07/11/21 and he executed and registered Kabuliyat in favour of landlord on 7/11/1921 and to prove the case the original Kabuliyat was called for from the collectorate on 11.8.1979 vide order No.27, Kabuliyat was exhibited as Ext.1 and the settlement was acted upon vide exhibit Nos.1A-......arisal in Title Suit No.23 of 1978 is set-aside. Let a copy of the judgment along with lower Court's record be sent down at once. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 628. ..

Category: Property Law | Date: | Hits: 146