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Fazlul Haque (Md.) Vs. Bangladesh and others, 2012, 41 CLC (HCD)

....lared to have been issued without lawful authority and to be of no legal effect. In the result, the Rule is made absolute. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 376. ......lared to have been issued without lawful authority and to be of no legal effect. In the result, the Rule is made absolute. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 376. ...... Present: Hasan Foez Siddfque J ABM Altaf Hossain J  Fazlul Haque (Md.)…………………………Petitioners Vs. Bangladesh and others..................Respondents Judgment November 22, 2012. Result..

Category: Constitutional Law | Date: 22 Nov, 2012 | Hits: 5

Government of Bangladesh & others Vs. Md. Ghulam Mustafa and others, 2012, 41 CLC (AD)

.... the High Court Division calling for our interference. With the above observations and directions the petition is dismissed. Ed. This Case is also Reported in: 65 DLR (AD) (2013) 85. ...... the High Court Division calling for our interference. With the above observations and directions the petition is dismissed. Ed. This Case is also Reported in: 65 DLR (AD) (2013) 85. ......vil) Present: Md. Muzarnmel Hossain CJ Surendra Kumar Sinha J Md. Abdul Wahhab Miah J Nazmun Ara Sultana J Syed Mahmud Hossain J Md. Imman Ali J Government of Bangladesh & others .............Petitioners Vs. Md. Ghulam Mustafa and others…..

Category: Others | Date: 22 Nov, 2012 | Hits: 20

Azizur Rahman (Md.) Vs. Bangladesh and others, 2012, 41 CLC (HCD)

....order as to cost. The order of stay granted earli­er by this Court is hereby recalled and vacated. Communicate at once. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 31. ......order as to cost. The order of stay granted earli­er by this Court is hereby recalled and vacated. Communicate at once. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 31. ...... High Court Division (Special Original Jurisdiction) Present: Md. Ashfaqul Islam J Md. Badruzzaman J Azizur Rahman (Md.).........................Petitioner Vs. Bangladesh and others... .............Respondents Judgment November 20, 2012. Result:..

Category: Banking Law | Date: 20 Nov, 2012 | Hits: 8

Khorshed and another Vs. State, 2012, 41 CLC (HCD)

....the lower Court records along with a copy of this judgment be sent down at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 241         ......the lower Court records along with a copy of this judgment be sent down at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 241         ......ay be formed at the spot even on the spur of the moment............ (92) Cases Referred to- Madam Gopal Kakkad Vs. Naval Dubey, 3 SCC 204; State Vs. Rokeya Begum, 13 BLT 377= 10 BLC 687; Bangladesh Vs. Ashraf Ali, 46 DLR (AD) 241; Bandez Ali Vs. State, 40 DLR (AD) 200; Mohanlal Vs. Stat..

Category: Criminal Law | Date: 20 Nov, 2012 | Hits: 8

Amirul Islam (Md.) Vs. Commissioner of Customs and others, 2012, 41 CLC (HCD)

....e Rule is declared to have been passed without lawful authority and is of no legal effect. Communicate at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 77.   ......e Rule is declared to have been passed without lawful authority and is of no legal effect. Communicate at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 77.   ......ndents Judgment November 19, 2012. Result: The Rule is made absolute. Cases Referred to- Transcom Cables Ltd Vs.The Commissioner of Customs 2 TLR 571; ASS Enterprise Vs. Bangladesh 17 BLC 86; Russell Vegetable Oil Ltd Vs. Collector of Customs 52 DLR 382; LR Khan Vs. Cus..

Category: Fiscal/Taxation Law | Date: 19 Nov, 2012 | Hits: 6

Maleka Khatun Vs. Bangladesh and others, 2012, 41 CLC (HCD)

....(Rev), Dhaka and an alleged lessee under the Government namely, Gendaria Kishaloya Kochi Kacher Mela as plaintiffs instituted Title Suit No.73 of 1995 before the Assistant Judge, 6th Court, Dhaka for declaration of title with a prayer for setting aside the ex parte decree and cancellation of the sal......ates to the writ petitioner is declared to have been issued without lawful authority and is of no legal effect. Mohammad Bazlur Rahman J.- I agree. Ed. This Case is also Reported in: ......urt Division   (Special Original Jurisdiction) Present: Mohammad Bazlur Rahman J Md. Ruhul Quddus J Maleka Khatun………..................Petitioner Vs. Bangladesh and others ………...Respondents Judgment November 18, 2012. Result: ..

Category: Property Law | Date: 18 Nov, 2012 | Hits: 133

Shamsul Kabir Humayun Reza Vs. Anwarul Hasan and Others, 2012, 41 CLC (AD)

....oint District Judge, (1st Court, Dhaka) impleading: (a) the Chairman, RAJUK (b) the Member (Estate) RAJUK, (c) the Director (Estate) RAJUK and (d) the Deputy Director (Estate) RAJUK as defendants for declaration that he was legally entitled to get sale permission and the defendants were also bound t......dings/decisions as to the merits of the respective appeal made some observations/com­ments and remarks about the inhabitants of India, a part of it being Bangladesh, its political leaders and the independence of judiciary (the observa­tions will be quoted hereinafter at an appropriate place)......ane No.2, Section 6/A, Mirpur as principal defendant No.1 and one Mr. Akhtaruzzaman, Director Eastern Housing Limited as principal defendant No.2, the Chairman, RAJUK and the People's Republic of Bangladesh, represented by the Deputy Commissioner, Dhaka as pro-forma defendant Nos.3 and 4 (althou..

Category: Evidence Law, Property Law | Date: 12 Nov, 2012 | Hits: 37

Sk Ahmedullah (Babul) Vs. Al-haj Md. A Rashid, 2012, 41 CLC (HCD)

....ditiously in accordance with law. Send a copy of the judgment and order to the concerned Tribunal immediately. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 399.   ......ditiously in accordance with law. Send a copy of the judgment and order to the concerned Tribunal immediately. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 399.   ......, 1881. It transpires from the petition of complaint that the cheque was issued by the accused-petitioner on 30-7-2009 for payment of Taka 2, 25,000. But when the cheque was presented before the Arab Bangladesh Bank, Uttara, it was dishonoured on the same date for insufficient fund; and legal notice..

Category: Others | Date: 11 Nov, 2012 | Hits: 8

Md. Mosharraf Ali Khan and others Vs. Assistant General Manager, Principal Office, Sonali Bank, Barisal of Bagura Road, Barisal City, District-Barisal and others, 2012, 41 CLC (HCD)

....ity to show cause and without any proceedings they were illegally terminated by the defendant No.1 and accordingly challenging that order of termination; the plaintiffs filed the original suit with a declaration that the impugned order of termination is void, illegal and without jurisdiction and the......he Court       concerned immediately for information and necessary action. Ed. This Case is also Reported in: 21 BLT (HCD) (2013) 51.     .......05.1976. Subsequently, his grade elevated to the grade of Junior Clerk. The plaintiff No.4 was appointed as a messenger of National Bank which after liberation war was re­named as Sonali Bank of Bangladesh. He was promoted to the post of caretaker and was serving at Sonali Bank, Bagura Road Bra..

Category: Civil Law | Date: 8 Nov, 2012 | Hits: 4

Ali Haider Chowdhury Vs. State and another, 2012, 41 CLC (HCD)

.... law. Let a copy of this judgment be transmitted to the concerned Court below at once. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 116.       ...... law. Let a copy of this judgment be transmitted to the concerned Court below at once. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 116.       ...... Court may seem fit and proper. 2. Facts relevant to disposal of the Rule may be, briefly, stated as follows: 3. The accused-petitioner is a businessman who was elected Secretary-General of Bangladesh Association of International Recruiting Agencies (in short BAIRA) in the year 2004-2006 a..

Category: Anti-Corruption Laws, Procedural Law | Date: 8 Nov, 2012 | Hits: 7

Advocate Asaduzzaman Siddiqui Vs. Bangladesh and others, 2012, 41 CLC (HCD)

....the case in accordance with law and it shall be at liberty to consider the submission of the learned advocate Mr. Manzill Murshid as discussed above. Ed. This Case is also Reported in: ......the case in accordance with law and it shall be at liberty to consider the submission of the learned advocate Mr. Manzill Murshid as discussed above. Ed. This Case is also Reported in: ......ivision (Special Original Jurisdiction) Present: Naima Haider J Muhammad Khurshid Alam Sarkar J Advocate Asaduzzaman Siddiqui................ Petitioner. Vs. Bangladesh, represented by the Secretary, Ministry of Home Affairs, Bangladesh Secretariat, P.S. Ra..

Category: Women and Children | Date: 8 Nov, 2012 | Hits: 10

Mosharef Hossain (Md.) Vs. Bangladesh and others, 2012, 41 CLC (HCD)

....o satisfy the Adalat as early as possible then the executing Court will proceed in accordance with law. Communicate at once. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 81 ......o satisfy the Adalat as early as possible then the executing Court will proceed in accordance with law. Communicate at once. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 81 ......h Court Division (Special Original Jurisdiction) Present: Md. Ashfaqul Islam J Md. Badrazzaman J Mosharef Hossain (Md.).............................Petitioner Vs. Bangladesh and others..........................Respondents Judgment     ..

Category: Property Law | Date: 7 Nov, 2012 | Hits: 8

Khan Matarhar and another Vs. Nirmalendu Mondal and others, 2012, 41 CLC (AD)

....sion in Civil Revision No.6944 of 2001 discharging the rule. 2. The plaintiff-respondent Nos.1 to 5 filed Title Suit No.77 of 1998 in the court of Senior Assistant Judge, Rampal, Bagerhat for declaration of their title in the suit land. 3. The case of the plaintiffs, in short, was that......before the appellate court below for getting an opportunity to prove their claim. Hence this leave petition is dismissed. Ed. This Case is also Reported in: 18 MLR (AD) (2013) 92. ......before the appellate court below for getting an opportunity to prove their claim. Hence this leave petition is dismissed. Ed. This Case is also Reported in: 18 MLR (AD) (2013) 92. ..

Category: Property Law | Date: 18 Oct, 2012 | Hits: 4

Abdur Razzaque Chowdhury and others Vs. Artha Rin Adalat and others, 2012, 41 CLC (AD)

....interfere with the impugned judgment and order passed in Writ Petition No.5889 of 2008. In view of the above, both leave petitions are dismissed. Ed. This Case is also Reported in: ......interfere with the impugned judgment and order passed in Writ Petition No.5889 of 2008. In view of the above, both leave petitions are dismissed. Ed. This Case is also Reported in: ......pped, they have been heard together and are disposed of by this common judgment.  Civil Petition No. 648 of 2010: 2. Facts giving rise to this leave petition are that respondent No.2, Bangladesh Shilpa Bank (hereinafter referred to as the Bank), filed Miscellaneous Case No.23 of 1997..

Category: Civil Law | Date: 18 Oct, 2012 | Hits: 159

Mayor, Dhaka City Corporation Vs. Dhaka Metropolitan Rickshaw Samity, 2012, 41 CLC (HCD)

....intiffs samity they would be allowed to run Rickshaw without licence and the Rickshaws that have been seized would be released and the cases filed by the Corporation would be withdrawn. The aforesaid declaration of defendant No.1 was published in the Daily Newspaper on 8-12-1996 namely Daily Khabar,......ion North and South and (5) the Inspector General of Police immediately on their appropriate addresses. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 518.     ......regarding " rick­shaw" within 4(four) months from the date of receipt of this judgment and order and also direct­ed to submit a joint report to the Registrar of the Supreme court of Bangladesh within 2 months from date of receipt of the judgment and order. The following guidelines ..

Category: Administrative Law, Civil Law | Date: 17 Oct, 2012 | Hits: 3

Ibrahim (Md.) Vs. Government of the Peoples Republic of Bangladesh & others, 2012, 41 CLC (HCD)

....findings, we do not find any excellence in this Rule. In the result, the Rule is discharged. There is no order as to cost. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 415. ......findings, we do not find any excellence in this Rule. In the result, the Rule is discharged. There is no order as to cost. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 415. ......urisdiction) Present: Syed Refaat Ahmed J Md. Ashraful Kamal J Ibrahim (Md.).......................................Petitioner Vs. Government of the Peoples Republic of Bangladesh & others.......Respondents Judgment   October 16, 2012. Result: ..

Category: Admiralty Law or Maritime Law | Date: 16 Oct, 2012 | Hits: 9

Dr. Khandaker Mosharraf Hossain Vs. State, 2012, 41 CLC (HCD)

....er is binding on the High Court. The observation is made by the Appellate Division in the case of Dr. Mohiuddin Khan Alamgir in determination of the dispute and, as such, it is not obiter dictum, but declaration of law and, as such, it is binding upon this Court under Article 111 of the Constitution...... with law. Let the lower Court's record along with a copy of this judgment be sent down at once. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 1.     ......her order or orders as to this Court may seem fit and proper. 2. Facts leading to issuance of the Rule may be, briefly, stated as follows: The petitioner is a Member of the Standing Committee of Bangladesh Nationalist Party (BNP) since 1994. He was elected Member of Parliament several times fro..

Category: Anti-Corruption Laws | Date: 16 Oct, 2012 | Hits: 20

Government of Bangladesh and others Vs. Mrs. Mohsina Rahman alias Joya, 2012, 41 CLC (AD)

....ring on behalf of the opposite party along with Mr. Md. Khalilur Rahman (Helal), the learned Advocate contended that the original suit filed by the present-plaintiff-opposite party as plaintiff for a declaration that the suit land had mistakenly and arbitrarily recorded in the name of the present de......ecord with a copy of this judgment and order to the court concerned and another copy of the judgment and order to the Deputy Commissioner, Dhaka immediately. Ed. This Case is also Reported in: ...... to the Deputy Commissioner, Dhaka immediately. Ed. This Case is also Reported in: ..

Category: Property Law | Date: 15 Oct, 2012 | Hits: 191

Abdul Wadud (Md.) Vs. Heaven Homes Private Ltd and others, 2012, 41 CLC (HCD)

....No. 7) shall stand vacated. Costs will be borne by the parties. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 143           ......No. 7) shall stand vacated. Costs will be borne by the parties. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 143           ......4, 2012. Result: The petition is allowed. Cases Referred to- 54 DLR 583;53 DLR 81; 54 DLR 28; 61 DLR AD 82; 54 DLR 306; 61 DLR (AD) 82; Ittefaq Group of Publications Ltd. Vs. Arab Bangladesh Bank Ltd., 50 DLR 597. 50 DLR (AD) 138. Lawyers Involved: Jashimudttin Ahmed, Advoca..

Category: Company Law | Date: 14 Oct, 2012 | Hits: 5

Entaj Ali (Md.) Vs. Md. Numl Haque & others, 2012, 41 CLC (HCD)

....ed as to this Court may seem fit and proper." 2. The petitioner as plaintiffs instituted a Title Suit being No.17 of 1985 in the Court of Upazila Munsiff Debigonj, District-Panchagarh for a declaration of Title and confirmation of possession as well as declaration that the preparation of r......hs from the date of receipt of this judgment without any fail. Communicate this judgment and order to the Court concerned. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 233. ...... by his order dated 27-1-1987 and directed to amend the plaint by adding opposite-parties No.1-6 as defendants in the original suit and also directed the plaintiff petitioner to add the Government of Bangladesh as a defendant. 5. being aggrieved by and dissatisfied with the aforesaid judgment a..

Category: Civil Law | Date: 11 Oct, 2012 | Hits: 3