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....ineering Department, LGED Bhaban, Agargaon, Sher-E-Bangla Nagar, Dhaka…………………….....................Petitioner (In Civil Petition No. 1781 & 1784 of 2011)
People’s Republic of Bangladesh, represented by the Secretary, Ministry of Local Government, Rural Development and Co-ope......
The leave petitions are disposed of with the above observations and modifications of the earlier as well as the impugned judgments.
Ed.
This Case is also Reported in: 17 BLC (AD) (2012) 91.
......2-49 (In Civil Petition No.1247 of 2011)
M.A. Sobhan, Advocate, instructed by Md. Nurul Islam Bhuiyan, Advocate-on-Record- For the Respondents (In Civil Petition No.2169 of 2011)
Civil Petition for Leave to Appeal Nos.1781, 1784 and 1875 of 2011.
(From the judgment and order dated 7.4.2011......
The leave petitions are disposed of with the above observations and modifications of the earlier as well as the impugned judgments.
Ed.
This Case is also Reported in: 17 BLC (AD) (2012) 91.
..
Category: Employment/Service Law | Date: | Hits: 147
....ourt
Appellate Division
(Civil)
Present:
Surendra Kumar Sinha J
Md. Abdul Wahhab Miah J
Syed Mahmud Hossain J
Muhammad Imman Ali J
Md. Shamsul Huda J
Director General, Bangladesh Railway and others………………..Petitioners
Vs.
Sher-e-Bangla Market Dokander......130 and 131 under Police Station Sabujbag, District-Dhaka in favour of writ petitioner, namely Sher-E-Bangla Market Dokandar Bohumukhi Samabaya Samity Limited. It is the claim of the writ petitioner -Society that it had approached the Government for allocation of land for establishing market for the......dul Islam, Senior Advocate (Nikhilesh Dutta, Advocate with him), instructed by Nurul Islam Chowdhury, Advocate-on-Record-For Respondent No.1.
Not represented-For Respondent No.2.
Civil Petition for Leave to Appeal No. 15 of 2011.
(From the judgment and order dated 19th August, 2010 passed b...... appreciation of the facts and circumstances of the case.
We do not find any merit in the leave petition.
Accordingly, the petition is dismissed.
Ed.
This Case is also Reported in:
..
Category: Civil Law | Date: | Hits: 70
Abdul Mataleb Howlader and others Vs. State, 2003, 32 CLC (HCD)
....trial and, as such, the prayer for transfer of the case may not be considered. He lastly submits that there is nothing on record to show for the present that Barisal Divisional Headquarter is outside Bangladesh and that the law and order situation of the said place is out of control and, as such, he......d by this Court earlier, stands vacated. Send a copy of this judgment to the Court concerned at once for information and necessary action. Ed. This Case is also Reported in: 56 DLR (2004) 607.......ichar Tribunal, Barisal, should not be transferred and/or such other or further order or orders passed as to this Court may seem fit and proper. 2. Mr. Yousuf Hossain Humayun, the learned Advocate for the petitioners, submits that the present Rule has been obtained against the order of transferri......d by this Court earlier, stands vacated. Send a copy of this judgment to the Court concerned at once for information and necessary action. Ed. This Case is also Reported in: 56 DLR (2004) 607...Category: Criminal Law | Date: | Hits: 86
Azad Hossain (Md) Vs. State, 2003, 32 CLC (HCD)
....cial Tribunal Case No. 41 of 1996 in the said NGR Case No. 124 of 2002, The present petitioner filed an application before the Tribunal supported by a copy of his passport issued by the Government of Bangladesh on 16‑8‑1989, his voter identity card, driving licence, income tax TIN certificate an......with the Special Tribunal Case No. 41 of 1996 immediately, if not wanted in connection with any other case. Communicate the order at once. Ed. This Case is also Reported in: 56 DLR (2004) 602.......the convict, Md. Abul Kalam Azad, son of Md. Nurul Islam, proprietor of "Azad Bastraloy", who was convicted in absentia under section 25B(2) of the Special Powers Act, 1974 and sentenced to suffer RI for 3 (three) years and also to pay a fine of Taka 10,000 in default to suffer RI for 1 (one) year m......with the Special Tribunal Case No. 41 of 1996 immediately, if not wanted in connection with any other case. Communicate the order at once. Ed. This Case is also Reported in: 56 DLR (2004) 602...Category: Criminal Law | Date: | Hits: 73
Dr. Qazi Faruque Ahmed Vs. State, 2004, 33 CLC (HCD)
...., learned Counsel, appearing with Mr. Amir-ul Islam for the petitioner, submits at the outset that the petitioner is an aged man of 57 years and a law abiding, peace loving and respectable citizen of Bangladesh. He is also a freedom fighter and has been dedicated to bring social and economic change ......the petitioner the trial Court shall have the liberty to deal with the question of bail of the accused‑petitioner in accordance with law. Ed. This Case is also Reported in: 56 DLR (2004) 600. ......ioner asking the present Rule opposite party to show cause why the petitioner Dr. Qazi Faruque Ahmed should not be enlarged on bail in Pallabi PS Case No. 31(6) 2004 dated 20‑6‑2004 now pending before the Chief Metropolitan Magistrate, Dhaka and or such other or further order or orders passed as......the petitioner the trial Court shall have the liberty to deal with the question of bail of the accused‑petitioner in accordance with law. Ed. This Case is also Reported in: 56 DLR (2004) 600. ..Category: Criminal Law | Date: | Hits: 81
Kazi Liakat Ali and others Vs. Chairman, Civil Aviation Authority and another, 2003, 32 CLC (HCD)
....s Judgment June 21, 2003. Result: The Rule is discharged. Cases referred to- Chairman BJMC Vs. Nasir Ahmed Chowdhury and others, 7 BLC (AD) 144; Rabia Bashri, Irena and another Vs. Bangladesh Biman Corporation and another, 52 DLR 308; The North South Property Developments Limited ......harged. The order of stay granted by this Court at the time of issuance of the Rule is hereby vacated. We however, make no order as to costs. Ed. This Case is also Reported in: 56 DLR (2004) 595.......mmed Hafizul Islam Vs. Government of Bangladesh, represented by the Secretary Ministry of Local Government, Rural Developments and others, 11 BLT 65; Writ Petition No. 4855 of 2001 and Civil petition for leave to appeal No. 651 of 2002 (Unreported). Lawyers Involved: Rokonuddin Mahmud with Kaz......harged. The order of stay granted by this Court at the time of issuance of the Rule is hereby vacated. We however, make no order as to costs. Ed. This Case is also Reported in: 56 DLR (2004) 595...Category: Employment/Service Law | Date: | Hits: 125
Al Baraka Bank Bangladesh Ltd. Vs. Rina Alam and another, 2004, 33 CLC (HCD)
.... This Case is also Reported in: 56 DLR (2004) 588.......ffirmed. The bank is directed to return the schedule document within seven days of receipt of this judgment. Send down the LCR at once. Ed. This Case is also Reported in: 56 DLR (2004) 588.......cial Court at Dhaka in Title Suit No. 197 of 2001, which decreed the suit. 2. Respondent No.1 as plaintiff on 14‑7‑97 instituted Title Suit No. 208 of 97 against the appellant bank and another for a decree of declaration that the plaintiff owed no amount to said bank on account of any loan an......ffirmed. The bank is directed to return the schedule document within seven days of receipt of this judgment. Send down the LCR at once. Ed. This Case is also Reported in: 56 DLR (2004) 588...Category: Civil Law | Date: | Hits: 109
Abdur Rashid Chowdhury Vs. Additional District Judge and others, 2003, 32 CLC (HCD)
....Additional District Judge and others……………Respondents Judgment October 20, 2003. Result: The Rule is made absolute. Cases referred to- 42 DLR (AD) 86, Begum Lutfunnessa Vs. Bangladesh, 48 DLR (AD) 171; The Secretary, Internal Resource Division, Ministry of Finance and Plan......by directed to proceed with the suit by issue of the summons/notice however, in accordance with law, expeditiously. Communicate at once. Ed. This Case is also Reported in: 56 DLR (2004) 573. ......ns/notice of said bankruptcy suit upon respondent No. 2, the Shinepukur Holding Limited and respondent No. 3, Mahmudur Rahman. 2. On 25‑4‑2000, the petitioner as plaintiff presented a plaint before the Bankruptcy Court at Motijheel in Dhaka, briefly the Court, against respondent Nos. 2 and 3 ......by directed to proceed with the suit by issue of the summons/notice however, in accordance with law, expeditiously. Communicate at once. Ed. This Case is also Reported in: 56 DLR (2004) 573. ..Category: Others | Date: | Hits: 185
Md. Iqbal Hossain Vs. Government of Bangladesh and others, 2011, 40 CLC (AD)
....ra Kumar Sinha J MA Wahhab Miah J Syed Mahmud Hossain J Md.MamtazUddin Ahmed J Md. Shamsul Huda J Md. Iqbal Hossain……………….............Petitioner Vs. Government of Bangladesh, represented by the Secretary, Ministry of Local Government, Rural Development and Co-ope......passed by the High Court Division. Accordingly, the civil petition for leave to appeal is dismissed with the observaÂtion made above. Ed. This Case is also Reported in: 17 BLC (AD) (2012) 42. ......Secretary, Ministry of Local Government, Rural Development and Co-operatives (LGRD) and others..........................Respondents Judgment October 27, 2011. Result: The Civil Petition for Leave to Appeal is dismissed. Case Referred to- Rafiqul Alam Vs. Mustafa Kamal, (1990) 42 ......passed by the High Court Division. Accordingly, the civil petition for leave to appeal is dismissed with the observaÂtion made above. Ed. This Case is also Reported in: 17 BLC (AD) (2012) 42. ..Category: Election Law | Date: | Hits: 250
Shahid Hamid and another Vs. Nilufar Momtaz and anothe, 2011, 40 CLC (AD)
....ned Joint District Judge, Second Court, Dhaka in Title Suit No.100 of 2006. 2. The facts involved in the appeal, in brief, are as follows: The plaintiff and defendant No.1 both are citizens of Bangladesh by birth and they got married. They were blessed with a son and a daughter. Because of ma......erference. Therefore, we do not find any substance in this appeal. Accordingly, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 17 BLC (AD) (2012) 34. ......chedule property on 11-3-2005 in presence of three witnesses and handed over possession thereof to the plaintiff. Subsequently, in recognition of the oral gift, defendant No.1 affirmed an affidavit before the Notary Public on 21-3-2005. While enjoying the apartment, the plaintiff rented it out to he......erference. Therefore, we do not find any substance in this appeal. Accordingly, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 17 BLC (AD) (2012) 34. ..Category: Property Law | Date: | Hits: 81
Govt. of People's ReÂpublic of Bangladesh Vs. Md. Habibur Rahman @ Manu, 1978, 7 CLC (AD)
....se is also Reported in: 31 DLR (AD) (1979) 152.......on and no consideration of the merit of the case or the detention order arises and so this appeal is disposed of in the terms aforesaid. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 152.......continued detention. The appÂlication of the Respondent was accepted by the Court and he was ordered to be set at liÂberty by on order dated 14-3-1974. 2. The Attorney-General moved a petiÂtion for special leave which was granted on his express submission that the detenu's restoraÂtion of the......on and no consideration of the merit of the case or the detention order arises and so this appeal is disposed of in the terms aforesaid. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 152...Category: Criminal Law | Date: | Hits: 63
.... Division
(Special Original Jurisdiction)
Present:
Syed Mahmud Hossain J
Quamrul Islam Siddiqui J
SAH Monowar Ali and others………………………Petitioners
Vs.
Chairman, Bangladesh Jute Mills Corporation and others……………………Contemner-respondent's
Judgme......ration will pay the arrear salary to the employees immediately.
In the result, the Rule is discharged without any order as to costs.
Ed.
This Case is also Reported in: 62 DLR (HCD) (2010) 1.
......Dolon, Advocate - For the Petitioners.
Rabia Bhuiyan, Advocate - For the Contemner - Respondents.
Contempt Petition No.181 of 2007.
Judgment
Quamrul lslam Siddiqui J.- In this application for Contempt under Article 108 of the Constitution, a Rule was issued calling upon the contemners-re......ration will pay the arrear salary to the employees immediately.
In the result, the Rule is discharged without any order as to costs.
Ed.
This Case is also Reported in: 62 DLR (HCD) (2010) 1.
..
Category: Criminal Law | Date: | Hits: 83
Mantu Faraji alias Jamal Faraji and others Vs. Mahiuddin Khan, 1996, 25 CLC (HCD)
....om the date of coming into force of the whole of Part V in any area, the BT Act stands repealed in that area. By 1964 the Part V was enforced throughout country so, BT Act stands repealed entirely in Bangladesh from that period. Even after the repeal of BT Act by the State Acquisition and Tenancy Ac...... is a raiyati land within a village and so section 96 of the Act is attracted. In the result, the Rule is discharged without cost. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 147. ...... party No.1 is not a co-sharer. 3. The trial Court on a review of the evidence allowed the Miscellaneous case and directed the pre-emptor to pay Taka 4,000.00 as improvement cost and Taka 1,000.00 for removing the structures from the case land. Being aggrieved by the said judgment and order passe...... is a raiyati land within a village and so section 96 of the Act is attracted. In the result, the Rule is discharged without cost. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 147. ..Category: Property Law | Date: | Hits: 70
NFM Universeum Estate Ltd. Vs. ANM Obaidul Islam and others, 2004, 33 CLC (HCD)
....h. He denied that the date 31‑5‑1917 on the deed was written recently. One page stamp was valued one Taka two Annas and subsequent two papers were cartridges. He denied that those cartridges were Bangladeshi. He denied that there was no entry in the ledger book of the Sub-registry and that cartr......rocedure for using said deed in the suit knowing it to be forged and fraudulent for criminal prosecution. Send down the records at once. Ed. This Case is also Reported in: 56 DLR (2004) 563. ......dge at Dhaka in Title Suit No. 135 of 1997, which decreed the suit. 2. One ANM Obaidul Islam, predecessor-in-Âinterest of respondent Nos. 1 to 8 as plaintiff instituted title Suit No. 120 of 1992 for declaration of title and recovery of possession of the suit land measuring about 51 decimals, wh......rocedure for using said deed in the suit knowing it to be forged and fraudulent for criminal prosecution. Send down the records at once. Ed. This Case is also Reported in: 56 DLR (2004) 563. ..Category: Property Law | Date: | Hits: 85
M. M. Rafiqul Hyder Vs. The State, 1988, 17 CLC (HCD)
.... Result: Cases Referred to- State Vs. Balshri Das Sutradhar, 13 DLR 289; Kalipada Nandi Vs. The State, AIR 1950 (Cal) 427; Emperior Vs. Kutub Bux, AIR 1930 Cal. 633, 634; Tamiz Mia Vs. Bangladesh, 33 DLR 203; Talukder A. Azia Vs. State, 35 DLR 127. Lawyers Involved: Serajul Huq......cuÂments, articles of daily use, clothes etc. belonging to the accused appellant may be returned to him after proper identification. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 274. ......Judgment Mahmudul Amin Chowdhury J.- This appeal is directed against the order of conviction and sentence passed by Mr. Sheikh Rezwan Ali, Special Tribunal constituted under the Special Powers Act for disposal of the case involving the offences of smuggling. The Special Tribunal by his judgment a......cuÂments, articles of daily use, clothes etc. belonging to the accused appellant may be returned to him after proper identification. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 274. ..Category: Criminal Law | Date: | Hits: 87
....rted in: 41 DLR (HCD) (1989) 265.
......9.8.82.
We, therefore, find no ground for interference.
In the result the Rule is discharged but without any order as to costs.
Ed.
This Case is also Reported in: 41 DLR (HCD) (1989) 265.
......oner Bangladesh Jute CorporaÂtion. The Secretary of the petitioner-corporation asked the respondent No.2 by letter dated 23.6.82 to show cause why disciplinary action should not be taken against him for defalcation of Tk. 12.032/- by creating false and fictitious vouchers. The respondent No.2 submi......9.8.82.
We, therefore, find no ground for interference.
In the result the Rule is discharged but without any order as to costs.
Ed.
This Case is also Reported in: 41 DLR (HCD) (1989) 265.
..
Category: Labour and Industrial Law | Date: | Hits: 166
Shamir Ghosh Vs. Government of Bangladesh and others, 2004, 33 CLC (HCD)
....orted in: 56 DLR (2004) 560. ......s. Accordingly, the trial Court is directed to dispose of the suit preferably within 3(three) months from the date of receipt of the order, Ed. This Case is also Reported in: 56 DLR (2004) 560. ...... by the learned Senior Assistant Judge, Sadar, Kishoregonj in other Class Suit No. 136 of 2002 should not be set aside. 2. The petitioner as plaintiff instituted Other Class Suit No. 136 of 2002 before the Court of learned Senior Assistant Judge, Sadar, Kishoregonj for declaration that the Memo N......s. Accordingly, the trial Court is directed to dispose of the suit preferably within 3(three) months from the date of receipt of the order, Ed. This Case is also Reported in: 56 DLR (2004) 560. ..Category: Property Law | Date: | Hits: 62
....
Present:
Md. Mozammel Hoque J
Md. Hasan Ameen J
Abdul Hakim (Md.)…………………Petitioner
Vs.
Secretary, Ministry of Establishment, Government of the People’s Republic of Bangladesh & others……………….Respondents
Judgment
July 1, 1997.
Result:
The......nt be also sent to the Principal Secretary to the Prime Minister in her office at Tejgaon, Dhaka for information and necessary action.
Ed.
This Case is also Reported in: 50 DLR (HCD) (1998) 137. ......san, Advocate - For the Petitioner.
Kaiseruddin Ahmed, Deputy Attorney-General - For the Respondents.
Writ Petition No.1541 of 1997.
Judgment
Md. Mozammel Hoque J.- This is an application for review of the Judgment dated 4-6-97. It is submitted by the learned Advocate that there are some......nt be also sent to the Principal Secretary to the Prime Minister in her office at Tejgaon, Dhaka for information and necessary action.
Ed.
This Case is also Reported in: 50 DLR (HCD) (1998) 137. ..
Category: Administrative Law | Date: | Hits: 183
....t for India, he executed the aforesaid 3 deeds himself, those were not forged and after registration possession of the suit land was duly delivered to the plaintiff, subsequently Pulin Behari died in Bangladesh and was cremated in Bangladesh. P.Ws. also stated that Pulin Behari died leaving behind a...... The judgment and the decree passed by the trial Court are upheld.
There shall be no order as to costs.
Let the LCR be sent down.
Ed.
This Case is also Reported in: 50 DLR (HCD) (1998) 134....... No.402 of 1982 in the 2nd Court of the learned Assistant Judge, Satkhira which on transfer to the Court of the learned Assistant Judge, Tala was re-numbered as Title Suit No.27 of 1997. The suit was for declaration of plaintiffs title in respect of 1.27 acre of land hereinafter referred to as the s...... The judgment and the decree passed by the trial Court are upheld.
There shall be no order as to costs.
Let the LCR be sent down.
Ed.
This Case is also Reported in: 50 DLR (HCD) (1998) 134...
Category: Property Law | Date: | Hits: 56
Nirman International Ltd. Vs. Islam Steel Mills Ltd. and others, 1997, 26 CLC (HCD)
....€¦â€¦â€¦â€¦â€¦â€¦Respondents Judgment February 5, 1997. Result: The appeal succeeds. Cases Referred to- Shamsul Huda Vs. Mozammel Huq and others, 27 DLR 256; Unimarine SA Panama Vs. Bangladesh 31 DLR (AD) 112; Md. Insan Ali Vs. Mir Abdus Salam, 1988 BCR (AD) 125; Johara Begum Vs. R...... learned brother has already discussed and observed very clearly the legal aspect on this point in view of case laws cited before us. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 125. ......pondent No.1. Md. Asadullah, Advocate - For the Respondent No.9. First Miscellaneous Appeal No.15 of 1996. Judgment AM Mahmudur Rahman J.- This Appeal is against the order of attachment before judgment dated November 27, 1995 passed by the learned Subordinate Judge, 2nd Court, Chittagong...... learned brother has already discussed and observed very clearly the legal aspect on this point in view of case laws cited before us. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 125. ..Category: Procedural Law | Date: | Hits: 118
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