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AKM Mohinus Saleh & others Vs. State, 1992, 21 CLC (HCD)
....nt Habibur Rahman Khan J.- On an application under section 561A of the Code of Criminal Procedure filed by AKM Mohinus Saleh, the then Manager, Jessore Krishi Bank and thereafter a Senior Officer, Bangladesh Krishi Bank, Comilla and 2 others, a Rule was issued by this Court on 8.8.1989 calling up...... absolute and the accused petitioners are discharged from their bail bonds. Let the records of the case be sent down expeditiously. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 386.......lice Station Case No.11 dated 23.8.1978 under sections 409/109 of the Penal Code read with section 5(2) of Act II of 1947 now pending in the court of Divisional Special Judge, Khulna Division, Khulna for should not be quashed and or pass such other or further order or orders as to this Court may see...... absolute and the accused petitioners are discharged from their bail bonds. Let the records of the case be sent down expeditiously. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 386...Category: Criminal Law | Date: | Hits: 80
Abdul Muhaimin Khan & another Vs. Bashiruddin & others, 1991, 20 CLC (HCD)
....er Ali reported in 21 DLR 599. The learned counsel for the petitioners has frankly admitted that as per decisions given by the superior courts including the Appellate Division of the Supreme Court of Bangladesh there is no doubt about the fact that right of pre‑emption accrues from the date of reg...... The rule is discharged with cost. The stay order granted by this court on 26.11.90 is hereby vacated. Communicate the order at once. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 382. ......by the Assistant Judge, Sadar, Sylhet in Misc. Case No.40 of 1990 should not be set aside or pass such other or further order or orders as to this court may deem fit and proper. 2. Facts necessary for disposal of the Rule are as follows: Opposite party No.1 filed Misc. Case No.40 of 1990 in th...... The rule is discharged with cost. The stay order granted by this court on 26.11.90 is hereby vacated. Communicate the order at once. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 382. ..Category: Property Law | Date: | Hits: 89
Ansar Ali Khan Vs. Chief Election Commissioner and others, 1992, 21 CLC (HCD)
.... fixed by the Election Commission to be on 7th December, 1991. Admittedly the petitioner was a defaulter in respect of payment of arrears of loan amounting to Taka 10,540.00 to the Mirzapur Branch of Bangladesh Krishi Bank till 7.12.91 and the petitioner paid the said amount i.e. Taka 10,540.00 to h......r nomination as Chairman or member to contest the said election. On the ground stated above the application is summarily rejected. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 379. ......oner. Not represented- the Respondents. Writ Petition No. 3407 of 1991. Judgment Fazle Hussain Mohammad Habibur Rahman J.- We have perused the application and heard the learned Advocate for the petitioner. 2. The petitioner Ansar Ali Khan submitted his nomination paper on 7.12.91 fo......r nomination as Chairman or member to contest the said election. On the ground stated above the application is summarily rejected. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 379. ..Category: Election Law | Date: | Hits: 128
Fazlul Karim Vs. Agrani Bank, 1991, 20 CLC (HCD)
.... service under the defendants on the allegations, inter alia, that the appellant joined the then Habib Bank Limited as an Officer on 21.5.68 and he was absorbed in the Agrani Bank after liberation of Bangladesh when the Habib Bank Limited was Nationalised under Bangladesh Bank (Nationalisation) Orde......he Agrani Bank was illegal, void and inoperative and that he remained in service in that post at the date of institution of the suit. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 375. ......Bank and ors…………………….Respondents Judgment November 3, 1991. Cases Referred To- Manager, Personnel Division Vs. Md. Sozahan Miah & others, 35 DLR 224; High Commissioner for India and another Vs. IM Lall, AIR 1948 Privy Council, 121; 52 CWN 761 (PC); Yusaf Ali Khan Vs. ......he Agrani Bank was illegal, void and inoperative and that he remained in service in that post at the date of institution of the suit. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 375. ..Category: Employment/Service Law | Date: | Hits: 71
Md. Abul Hossain Vs. Government of Bangladesh and others, 2010, 39 CLC (HCD)
....cial Original Jurisdiction) Present: Syed Mahmud Hossain J Gobinda Chandra Tagore J Md. Abul Hossain……...........................................the petitioner Vs. Government of Bangladesh and others….................the respondents Judgment October 7, 2010. Lawyers ......ensure that every Nikah Registrar must be satisfied that the bride/groom is major at time of solemnization of marriage. Gobinda Chandra Tagore J.-I agree. Ed. This Case is also Reported in: ......o.3 shall not be declared to have been made without lawful authority. 2. The facts leading to the issuance of the Rule, in brief, are: On 14.5.1997, the petitioner was appointed Nikah Registrar for No.11 Cheora Union Parishad, Choudagram, Comilla. He has since been discharging his duties of Ni......ensure that every Nikah Registrar must be satisfied that the bride/groom is major at time of solemnization of marriage. Gobinda Chandra Tagore J.-I agree. Ed. This Case is also Reported in: ..Category: Civil Law | Date: | Hits: 128
.....
M. Moazzam Husain J.- I agree.
This Case is also Reported in:
...... Artha Rin Suit No.103 of 2001 is maintained.
Let a copy of the judgment along with lower Court’s record be sent down at once.
M. Moazzam Husain J.- I agree.
This Case is also Reported in:
......by the learned Judge, Artha Rin Adalat, Khulna in Artha Rin Suit No.103 of 2001.
2. The brief facts of the case are that the appellant as plaintiff- Bank instituted Artha Rin Suit No.103 of 2001 before the Artha Rin Adalat, Khulna impleading the respondent-defendants for recovery of its outstandi...... Artha Rin Suit No.103 of 2001 is maintained.
Let a copy of the judgment along with lower Court’s record be sent down at once.
M. Moazzam Husain J.- I agree.
This Case is also Reported in:
..
Category: Civil Law | Date: | Hits: 217
....& others.................Opposite Parties (Plaintiff-Respondents)
Judgment
August 8, 2011.
Cases Referred To-
Abdul Kader Vs. Abdullah & others,51 DLR 435; Noor Mohammad Khan Vs. Bangladesh, 42 DLR 435; Kamal Baksh & another Vs. Siraj Bakshi & others, 7 BLT (AD) 329 and ......uty Commissioner, Khulna by virtue of his office as the president of the said committee, which is the land lord of the suit property including the Coronation Hall, situated thereon and let out to the Society Cinema Hall on 23.01.1997 and again on 01.11.2003. The Society Cinema Hall has been using th......istrict Judge, 1st Court, Khulna in Title Suit No.49 of 2002 should not be set aside and/or such other or further order or orders passed as to this court may seem fit and proper.
2. Relevant facts for the disposal of this rule, in brief, are that, Khulna Naitto Nikatan represented by its Executiv......ourt Records along with the copies of the judgment to the court below.
Communicate the order at once.
MA Hye J.-I agree
This Case is also Reported in: 63 DLR (2011) 666.
..
Category: Property Law | Date: | Hits: 89
Md. Abdul Halim Vs. Dr. Mohammad Tareque and others, 2011, 40 CLC (HCD)
...., son of Abdul Huq, House No.8/5, Block–B, Lalmatia, Mohammadpur initiated a complaint against the respondent No.5 before the Honorable Minister of Finance, Government of the People’s Republic of Bangladesh alleging that the respondent No.5 was an illegal institution and was functioning as a ban......er as to cost. The contemnor-respondent Nos.1 to 4 are exonerated from the charge brought against them. Communicate at once. M. Moazzam Husain J. - I agree. This Case is also Reported in: ......vice under the respondent No.5 he opened a monthly saving scheme account as provided by the respondent No.5. The respondent No.5 attracted a good number of clients in the process. The institution was formed and created by an Article of Memorandum registered under Joint Stock Companies and Firms wher......er as to cost. The contemnor-respondent Nos.1 to 4 are exonerated from the charge brought against them. Communicate at once. M. Moazzam Husain J. - I agree. This Case is also Reported in: ..Category: Employment/Service Law | Date: | Hits: 115
Law Dev (Bangladesh) Vs. Bangladesh and another, 2011, 40 CLC (HCD)
....d. This Case is also Reported in: 63 DLR (2011) 626.......on as the case involves a substantial question of law as to the interpretation of the Constitution. The certificate as prayed for is granted. Ed. This Case is also Reported in: 63 DLR (2011) 626.......িজাখস(প্র-৩)/বা এরেক/নিয়োগ (চেয়ারম্যান)-১৪/২০০৯ dated 11-10-2009 and has been continuing to hold that office as such. He is a former Comptroller and Auditor-General of Bangladesh. He held the constitutional office of the Compt......on as the case involves a substantial question of law as to the interpretation of the Constitution. The certificate as prayed for is granted. Ed. This Case is also Reported in: 63 DLR (2011) 626...Category: Employment/Service Law | Date: | Hits: 92
Shahabuddin (Md) Vs. Secretary, Ministry of Youth and Sports and others, 1991, 20 CLC (HCD)
....n passed without lawful authority and to be of no legal effect. 2. Admittedly this is not a petition for enforcement of any of the fundamental rights conferred by Part‑III of the Constitution of Bangladesh as contemplated under Article 102 (1) of the Constitution. 3. This is an application u......tition before this Court under Article 102(2)(a)(ii) of the Constitution, therefore, is not maintainable on the grounds stated above. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 360. ......ented- the Respondents. Writ Petition No. 467 of 1991. Judgment Fazle Hussain Mohammad Habibur Rahman J.- Petitioner Shahabuddin, General Secretary, Nabarun Sangsad, Kalta Bazar, Dhaka prays for issuance of Rule Nisi upon the respondents to show cause why the following impugned decision and......tition before this Court under Article 102(2)(a)(ii) of the Constitution, therefore, is not maintainable on the grounds stated above. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 360. ..Category: Constitutional Law | Date: | Hits: 165
....made without any lawful authority and to be of no legal effect.
The Rule is accordingly made absolute without any order as to costs.
Ed.
This Case is also Reported in: 45 DLR (HCD) (1993) 357.......made without any lawful authority and to be of no legal effect.
The Rule is accordingly made absolute without any order as to costs.
Ed.
This Case is also Reported in: 45 DLR (HCD) (1993) 357....... the law".
5. Being aggrieved by the said order dated 15.2.90 the petitioner‑Company obtained this Rule. In spite of service of notice upon Respondent No.2 the said respondent filed appearance before this Court after issuance of the Rule.
6. Mr. A.Y Salehuzzaman, the learned Advocate appeari......made without any lawful authority and to be of no legal effect.
The Rule is accordingly made absolute without any order as to costs.
Ed.
This Case is also Reported in: 45 DLR (HCD) (1993) 357...
Category: Labour and Industrial Law | Date: | Hits: 124
AR Bhuiyan and Company Vs. Commissioner of Taxes, Dhaka (South) Zone, Dhaka, 1992, 21 CLC (HCD)
....mputed the total taxable income at Tk. 2,19,916.00. The assessee preferred appeal against the order of the Inspecting Joint Commissioner before the Income Tax Appellate Tribunal, Head Quarters Bench, Bangladesh, Dhaka. The Accountant Member of the tribunal delivered the judgment. The question No.1 a......xes under Income‑Tax Act. For the aforesaid discussion, we answer the question No.1 in the affirmative and against the assessee. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 347. ...... Application No. 37 of 1984. Judgment AM Mahmudur Rahman J.- This application under section 66(1) of the Income Tax Act, 1922 is at the instance of the assessee raises the following question for our decision: (i) Whether on the facts and in the circumstances of the case, the learned Inco......xes under Income‑Tax Act. For the aforesaid discussion, we answer the question No.1 in the affirmative and against the assessee. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 347. ..Category: Fiscal/Taxation Law | Date: | Hits: 90
Altaf Hossain Vs. Abbas Ali and another, 1991, 20 CLC (HCD)
.... Court of District Judge, Mymensingh. The said appeal and the suit are pending before the Courts for disposal. 3. After filing of the Miscellaneous Appeal by the petitioner the opposite party No.2 Bangladesh on 13.6.83 instituted Title Suit No.264 of 1983 in the Court of Munsif, 2nd Court Sadar, ......ing in the Court of Upazila Munsif, Fulbaria, District Mymensingh. In the result, the Rule is made absolute. No order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 374. ......he petitioner in Title Suit No.92 of 1983. 2. The petitioner instituted Other Suit No.650 of 1978 on 13.6.1978 in the Court of Munsif, Sadar Mymensingh, against the opposite party No.1 and another for declaration of title in respect of 0.15 acres of land appertaining to plot No.2263 of CS Khatian......ing in the Court of Upazila Munsif, Fulbaria, District Mymensingh. In the result, the Rule is made absolute. No order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 374. ..Category: Property Law | Date: | Hits: 68
Abdul Khaleque (Md) Vs. Deputy Commissioner, Dhaka, 1992, 21 CLC (HCD)
....ain Ahmed, AAG - For the Opposite Parties. Writ Petition No.1977 of 1990. Judgment Naimuddin Ahmed J.- By this writ petition under Article 102 of the Constitution of the People's Republic of Bangladesh an order passed by the Respondent No.1, the Deputy Commissioner, Dhaka Collectorate Build......e without lawful authority and of no legal effect. Considering the facts and circumstances of the case no order is made as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 369.......quiry and a Magistrate had no authority to hold any such inquiry. Thereafter, the respondent No.1 suddenly placed the petitioner under suspension and appointed the respondent No.4 Mr. AKM Kader to perform the functions of the petitioner by issuing the impugned Memo No.Shiksha/III/90/551 dated 28.8.9......e without lawful authority and of no legal effect. Considering the facts and circumstances of the case no order is made as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 369...Category: Employment/Service Law | Date: | Hits: 59
Bangladesh Vs. Md. Aslam and others, 1989, 18 CLC (HCD)
....e affirmed and maintained. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 69....... Title Suit No.3 of 1976, is hereby set aside and the judgment and decree of the learned Subordinate Judge are affirmed and maintained. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 69.......the filing of this revisional application is that, the opposite party No.1, as sole plaintiff, filed Title Suit No.29 of 1971, in the 1st Court of Subordinate Judge, against the petitioner and others for a declaration of his Junglebari Abadkari right on reclamation and confirmation of possession the...... Title Suit No.3 of 1976, is hereby set aside and the judgment and decree of the learned Subordinate Judge are affirmed and maintained. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 69...Category: Property Law | Date: | Hits: 96
Nikhil Kumar Sarker Vs. Bangladesh, 1991, 20 CLC (HCD)
....High Court Division (Special Original Jurisdiction) Present: Fazle Hussain Mohammad Habibur Rahman J Mainur Reza Chowdhury J Nikhil Kumar Sarker...................Petitioner Vs. Bangladesh, represented by the Secretary, Ministry of Education and others…………………Respo......sistant Teacher of the said nationalised school is without any lawful authority. The application is, therefore, summarily rejected. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 67. ......with a prayer to issue Rule Nisi calling upon the respondents to show cause as to why the order dated 18.8.90 (Annexure‑H) passed by the respondent No.3, Assistant Secretary, Ministry of Education, forwarded to the petitioner by respondent No. 4 Director General, Directorate of Secondary and Highe......sistant Teacher of the said nationalised school is without any lawful authority. The application is, therefore, summarily rejected. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 67. ..Category: Employment/Service Law | Date: | Hits: 82
Haroon and another Vs. Mst. Sufia Khatun and another, 1990, 19 CLC (HCD)
.... contention is overruled. For all these reasons I find no substance in this case. The Rule is, accordingly, discharged with costs. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 63.......1 Nag 322; Official Trustee Vs. Monmothonath, AIR 1953 Cal.399; Mohammad Shareef and others Vs. Bashir Ahmed and others, AIR 1983 MP 44; Harijan Wood Workers Production‑Cum‑S ales Co‑operatives Society Ltd. Vs. Smt. Maya Wati and another, AIR 1985 Punjab and Hariana, 181; Nittyananda Kanango V......vil Revision No. 1065 of 1989. Judgment Bimalendu Bikash Roy Chowdhury J.- This Rule which has been argued at a considerable length raises a short question relating to the execution of a decree for ejectment. In order to make the question intelligible a short statement of facts is necessary. ...... contention is overruled. For all these reasons I find no substance in this case. The Rule is, accordingly, discharged with costs. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 63...Category: Civil Law | Date: | Hits: 89
....
High Court Division
(Special Original Jurisdiction)
Present:
Fazle Hussain Mohammad Habibur Rahman J
KM Hasan J
Dr. Syed Mahbubur Rahman......................Petitioner
Vs.
Bangladesh University of Engineering and Technology, represented by its Vice Chancellor and anot......ind no illegality whatsoever in impugned orders and on the grounds stated above, the Rule is discharged without any order as to cost.
Ed.
This Case is also Reported in: 45 DLR (HCD) (1993) 333.
......ihar and another, AIR 1955 Pat. 131; Kali Prosanna Roy Chowdhury Vs. State of West Bengal, 56 CWN 492; Shanton Vs. Smith, 1895 AC 229; Gould Vs. Staurt, 1896 AC 575; Venkot Rao Vs. Secretary of State for India, 64 IA 55; Mian Mohammad Hyat Vs. Province of West Pakistan, PLD 1964(SC) 321 = 16 DLR (SC......ind no illegality whatsoever in impugned orders and on the grounds stated above, the Rule is discharged without any order as to cost.
Ed.
This Case is also Reported in: 45 DLR (HCD) (1993) 333.
..
Category: Employment/Service Law | Date: | Hits: 155
Government of Bangladesh and others Vs. Excellent Corporation, 2010, 39 CLC (AD)
....ants Vs. Excellent Corporation…………………………............Respondent Judgment July 15, 2010. Cases Referred To- Sassoon & Co. Vs. CIT Bombay City, AIR 1954 SC 470; Bangladesh Power Development Board Vs. Muhammad Asaduzzaman Sikder, 9 BLC (AD) 1. Lawyers Involve...... without any order as to cost. The Judgment of the High Court Division is set aside. Ed. This Case is also Reported in: 63 DLR (AD) (2011) 148, 16 MLR (AD) (2011) 433, 8 LG (AD) (2011) 190. ......T. 3. Facts stated in the writ petition are that the writ petitioner-respondent is a trading firm carrying on, amongst others, indenting business of different items and also acts as local agent of foreign supplier. The writ respondent No.3 published a notice inviting tenders from the reputed Mi...... without any order as to cost. The Judgment of the High Court Division is set aside. Ed. This Case is also Reported in: 63 DLR (AD) (2011) 148, 16 MLR (AD) (2011) 433, 8 LG (AD) (2011) 190. ..Category: Business or Commercial Law | Date: | Hits: 267
Bangladesh and another Vs. Md. Abdul Karim, 2011, 40 CLC (AD)
....Civil) Present: Md. Muzammel Hossain CJ Surendra Kumar Sinha J Md. Abdul Wahhab Miah J Nazmun Ara Sultana J Syed Mahmud Hossain J Md. Imman Ali J Md. Mamtaz Uddin Ahmed J Bangladesh and another..........................Petitioners Vs. Md. Abdul Karim.....................e Administrative Appellate Tribunal, Dhaka. Ed. This Case is also Reported in: 63 DLR (AD) (2011) 143, 31 BLD (AD) (2011) 117, 8 LG (AD) (2011) 159, 16 MLR (AD) (2010) 361, VIII ADC (2011) 589. ......l instructed by B Hossain, Advocate-on-Record—For the Petitioners. Sheik Mohammad Morshed, Advocate instructed by Syed Mahbubar Rahman, Advocate-on-Record—For the Respondent. Civil Petition for Leave to Appeal No. 43 of 2010. (From the judgment and order dated the 7th day of June, 2009 ......e Administrative Appellate Tribunal, Dhaka. Ed. This Case is also Reported in: 63 DLR (AD) (2011) 143, 31 BLD (AD) (2011) 117, 8 LG (AD) (2011) 159, 16 MLR (AD) (2010) 361, VIII ADC (2011) 589. ..Category: Administrative Law | Date: | Hits: 181
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