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Tofail Ahmed Vs. Chairman, Anti-Corruption Commission and others, 2010, 39 CLC (HCD)

....ioner Vs. Chairman, Anti-Corruption Commission and others..................Respondents Judgment February 25, 2010. Result: The Rules are made absolute. Cases Referred to- Arab Bangladesh Bank Ltd. Vs. Md. Shahiduzzaman, Deputy Director, Bureau of Anti-Corruption, Dhaka,1998 B......copy of this judgment be immediately transmitted to the respondent No.1 for information and necessary action. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 33; 15 MLR (HCD) (2010) 177. ......ollows: The petitioner is a citizen of Bangladesh. He was elected Member of Parliament from two constituencies in Bhola in the general elections held in June, 1996. Anyway, he became the Minister for Commerce and Industries in 1996 and continued to be so till 1998 when the Ministry of Commerce w......copy of this judgment be immediately transmitted to the respondent No.1 for information and necessary action. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 33; 15 MLR (HCD) (2010) 177. ..

Category: Anti-Corruption Laws | Date: | Hits: 200

Mahabub Alam Faruq (Md.) and another Vs. Bangladesh, 2009, 38 CLC (HCD)

....Court High Court Division (Civil Revisional Jurisdiction) Present: Shahidul lslan J Syeda Afsar Jahan J Mahabub Alam Faruq (Md.) and another……………….Petitioners Vs. Bangladesh, represented by the Secretary, Ministry of Land and others..........Respondents. Judgm......nts are further directed to inform this Court about the compliance thereof within 45 days from the date of the receipt of this judgment. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 31.......respondents as to why they should not be directed to mutate the names of the petitioners in the records of right by opening a separate Khatian in their names and to receive rents from the petitioners for .06 (point Zero Six) acres of land of CS khatian No.71 CS Plot No.971 SA plot No.274A Hal plot N......nts are further directed to inform this Court about the compliance thereof within 45 days from the date of the receipt of this judgment. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 31...

Category: Property Law | Date: | Hits: 69

Akbar Khan (Md.) Vs. Anti-Corruption Commission and others, 2010, 39 CLC (HCD)

........Respondents. Judgment January 21, 2010. Cases Referred To- Habibur Rahman Molla Vs. State, 61 DLR 1; Anti-Corruption Commission Vs. Sheikh Hasina Wazed, 60 DLR (AD) 172; Government of Bangladesh Vs. lqbal Hasan Mahmood, 60 DLR (AD) 147. Lawyers Involved: Rafique-ul Huq, Senior......ngs, the Rule is made absolute without any order as to costs. Let a copy of this judgment be communicated to the Chairman of the ACC. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 20....... source of income of the petitioner and his dependents (Annexure-D) should not be declared to have been passed without lawful authority and is of no legal effect. 2. The facts of the case relevant for disposal of this Rule, in brief, are that the petitioner was the Kanango of Land Acquisition Dep......ngs, the Rule is made absolute without any order as to costs. Let a copy of this judgment be communicated to the Chairman of the ACC. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 20...

Category: Anti-Corruption Laws | Date: | Hits: 154

Capital Co‑operative Housing Society Ltd. Vs. Director, Land Records and Survey, Government of Bangladesh and others, 1993, 22 CLC (HCD)

.... Present: Naimuddin Ahmed J Mohammad Gholam Rabbani J Capital Co‑operative Housing Society Ltd.......................Petitioner Vs. Director, Land Records and Survey, Government of Bangladesh and others..............Respondents Judgment March 2, 1993. Lawyers Involved: ...... in: 45 DLR (HCD) (1993) 289. ......two CS Khatians were recorded in the name of the tenant Sharafatullah under the landlord Bhowal Raj Estate. 3. Petitioners' case is that the said landlord got a rent decree against the said tenant for arrear of rents in respect of CS Khatian No. 330, put the decree in execution and auction purcha......n the result, we find no substance in this writ petition. The rule is accordingly discharged, butt them will be no order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 289. ..

Category: Property Law | Date: | Hits: 125

Bangladesh Road Transport Corporation Vs. Ashraf Jute Mills Ltd., 1991, 20 CLC (HCD)

....on of this Court. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 282. ......after, the Official Liquidator shall as meet up the claims of the creditors in accordance with law with the permission of this Court. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 282. ......Ranganathan & another Vs. The Government of Madras and others, AIR 1955 (SC) 604. Lawyers Involved: Rafique‑Ul-Huq, Advocate ‑ For Auction Purchaser. MH Khondker, Advocate ‑ For former Managing Director. Syed Wali Md. Salehuddin, Advocate ‑ Official Liquidator. AKM Na......after, the Official Liquidator shall as meet up the claims of the creditors in accordance with law with the permission of this Court. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 282. ..

Category: Company Law | Date: | Hits: 193

State Vs. Giasuddin and 5 others, 1990, 19 CLC (HCD)

....r Jail Code as the conviction of death sentence is altered to that of under section 304‑Part‑1 from sections 302/149 of Penal Code. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 267.......r Jail Code as the conviction of death sentence is altered to that of under section 304‑Part‑1 from sections 302/149 of Penal Code. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 267.......dul Kasem, Keyamuddin, Kalazi, Sona Mia, Yakub Ali, Elim, Sabur, Nurul Islam @ Nur Islam, Seraj son of Matbar Ali, Abdul Huq, Alfaz, Hamid, Malik and Majid along with others were placed under trial before the Additional Sessions Judge, Kishoreganj in Sessions Case No.21 of 1987 and have been found g......r Jail Code as the conviction of death sentence is altered to that of under section 304‑Part‑1 from sections 302/149 of Penal Code. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 267...

Category: Criminal Law | Date: | Hits: 111

Abul Hasnat Mohammad Mohsin Vs. Dilruba Aktar and another, 2009, 38 CLC (AD)

....student of Intermediate, Nishat Tasnim, aged about 13 years, stu­dent of Class-VI, Nabila Tahsin, aged about 9 years, student of Class-II and his wife and old parents; that he is a service holder of Bangladesh Krishi Bank, if he is convicted and sentenced with imprison­ment for a term exceeding si......suf­fer imprisonment for more than 15 days. Accordingly, the petition is dismissed with the modification of the sentence as above only. Ed. This Case is also Reported in: VIII ADC (2011) 314.......ision in Criminal Appeal No.125 of 1991 allowing the same convicting the accused-appellant under Section 6(5) of the Muslim Family Law Ordinance, 1996 and sentencing him to suffer simple imprisonment for 3(three) months and also to pay a fine of TK. 10,000.00 in default to suffer impris­onment for ......suf­fer imprisonment for more than 15 days. Accordingly, the petition is dismissed with the modification of the sentence as above only. Ed. This Case is also Reported in: VIII ADC (2011) 314...

Category: Family Law | Date: | Hits: 185

Salma Parveen Vs. Md. Amir Hossain and others, 2009, 38 CLC (AD)

....tance in the submissions of the learned Counsel for the appellant. Accordingly, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: VIII ADC (2011) 293. ......others………………………….Respondents Judgment March 18, 2009. Cases Referred To- Kanda and others Vs. Waghu 3 DLR (PC) 311; REMCO Industries Works House Building Co-operative Society Vs. Lakshmeesha M. and others AIR 2003 SC 3167. Lawyers Involved: Khondaker Mahbubuddi......l No.115 of 1999 rejecting the application under Order 41 rule 25 of the Code Civil Procedure. 2. The facts of the case, in short, are that the there was an agreement between him and the defendant for transfer of defen­dant's property for TK. 14,00,000.00 out of which the defendant received TK. ......tance in the submissions of the learned Counsel for the appellant. Accordingly, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: VIII ADC (2011) 293. ..

Category: Property Law | Date: | Hits: 112

Meghna PET Industries Limited and another Vs. 2nd Court of Artha Rin Adalal and another, 2009, 38 CLC (AD)

....in the Buy-Back Agreement are as follows; SHARE PURCHASE AGREEMENT THIS IS AN AGREEMENT MADE ON THIS THE 9TH DAY OF OCTOBER, 2000. BETWEEN Industrial Promotion and Development Company of Bangladesh Limited, a pri­vate limited company incorporated under the Companies Act, 1913 having it......ents Judgment February 9, 2009. Cases Referred To- J.C. Shah Vs. Ramawami and A.M. Grover, AIR SC 488; Heyman Vs. Darwins Limited, 1942 AC 356 at P.366; Supreme Co-operative Group Housing Society Vs. M/s. H.S. Nag and Associates (P) Ltd. reported in AIR 1996 SC 2443. Lawyers Involved:......rt, are that on 9th October, 2000, the appellant entered into a share purchase agreement with the respondent No.2 whereby the respondent No.2 agreed to purchase 10,00,000.00 shares from the appellant for a price of TK. 10,000,000.00. On the same date, the parties entered into a buy-back agreement wh......ivision, we do not find any merit in the appeals of the appellant and accordingly the appeal is dismissed with­out any order as to cost. Ed. This Case is also Reported in: VIII ADC (2011) 240. ..

Category: Civil Law | Date: | Hits: 78

Shambhu Nath Saha & others Vs. State, 1989, 18 CLC (HCD)

....r quashing the criminal proceedings against them. The Rule was discharged by the High Court Division by its order dated 15.4.85 which was affirmed by the Appellate Division of the Supreme Court of Bangladesh by its judgment and order dated 4.3.86, in Criminal Appeal No. 38 of 1985. 7. After th......s therefore, discharged. The learned Additional Metropolitan Magistrate is directed to dispose of the case as expeditiously as possible. Ed. This Case is also Reported in: 43 DLR (1991) 660. .................................................Opposite Party. Judgment November 21, 1989. Case Referred to- Sanmukhsingh and others Vs. The king, AIR 1950 PC 31. Lawyers Involved: Lutfor Ranman Mondal, Advocate ‑ For the Petitioner. Abdul Malek, Advocate ‑ For the informant. ......s therefore, discharged. The learned Additional Metropolitan Magistrate is directed to dispose of the case as expeditiously as possible. Ed. This Case is also Reported in: 43 DLR (1991) 660. ..

Category: Criminal Law | Date: | Hits: 83

Badsha (Md.) Miah and others Vs. Soleman Nessa Bibi and others, 1988, 17 CLC (HCD)

.... and he seeks 2(two) months' time for the purpose. The prayer is allowed. Let the operation of this judgment be stayed for 2 (two) months. Ed. This Case is also Reported in: 43 DLR (1991) 646....... and he seeks 2(two) months' time for the purpose. The prayer is allowed. Let the operation of this judgment be stayed for 2 (two) months. Ed. This Case is also Reported in: 43 DLR (1991) 646.......ditional Court, Jessore, in Title Appeal No. 6 of 1963 affirming those passed by Mr. Q Sharafat Ali, Munsif 2nd Court, Jessore, in Title Suit No. 23 of 1961. 2. The appellants filed the above suit for declaration of their title and recovery of khas possession in 6.21 acres of land as detailed in ...... and he seeks 2(two) months' time for the purpose. The prayer is allowed. Let the operation of this judgment be stayed for 2 (two) months. Ed. This Case is also Reported in: 43 DLR (1991) 646...

Category: Property Law | Date: | Hits: 70

Tenu Miah and others Vs. The State, 1990, 19 CLC (HCD)

.... Jail Code as the conviction of death sentence is altered to that of under section 304‑Part‑ 1 from sections 302/149 of the Penal Code. Ed. This Case is also Reported in: 43 DLR (1991) 633. ...... Jail Code as the conviction of death sentence is altered to that of under section 304‑Part‑ 1 from sections 302/149 of the Penal Code. Ed. This Case is also Reported in: 43 DLR (1991) 633. ...... Kasem, Keyamuddin, Kalagazi, Sona Mia, Yakub Ali, Elim, Sabur, Nurul Islam @ Nur Islam, Seraj son of Matbar Ali, Abdul Huq, Alfaz, Hamid, Malek, and Majid along with others were placed under trial before the Additional Sessions Judge, Kishoreganj, in Sessions Case No. 21 of 1987 and have been found...... Jail Code as the conviction of death sentence is altered to that of under section 304‑Part‑ 1 from sections 302/149 of the Penal Code. Ed. This Case is also Reported in: 43 DLR (1991) 633. ..

Category: Criminal Law | Date: | Hits: 68

Hameeda Banu Vs. AFM Naziruddin, 1990, 19 CLC (HCD)

.... his own income, that he invested a total amount of Tk. 1,61,000.00 for the construction of the ground‑floor of the building, that in order to get house rent ceiling facility from his employer, the Bangladesh Shilpa Bank, the respondent leased out the ground‑floor of the suit building to his emp......nd the suit is dismissed. In the facts and circumstances of the case, we make no order as to costs in the appeal as well as in the suit. Ed. This Case is also Reported in: 43 DLR (1991) 623. ......udgment and decree dated 31.7.83 passed by the learned Subordinate Judge, 3rd Court, Dhaka in Tide Suit No. 226 of 1980 decreeing the suit. 2. The respondent instituted the suit on 29.8.80 praying for two declarations simpliciter as follows: "That a decree be passed declaring that the plaintif......nd the suit is dismissed. In the facts and circumstances of the case, we make no order as to costs in the appeal as well as in the suit. Ed. This Case is also Reported in: 43 DLR (1991) 623. ..

Category: Property Law | Date: | Hits: 110

Bangla Jalpari Lines (Pvt) Ltd. Vs. Continental Grain Company (Canada) Ltd. and others, 1990, 19 CLC (HCD)

....e vessel in question, namely, MV Regent Ranger. Miscellaneous case No. 60 of 1981 was filed by petitioner OP No. 1 M/s Sanko Steamship Co. Ltd. Tokyo represented by their local agent Pragoti Shipping Bangladesh Ltd., Chittagong, who claimed to be the owner of the said vessel MV Regent Ranger. Both t......nished there is no merit in these two revisional applications. In the result, these Rules are discharged without any order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 617. ......ir local agent Pragoti Shipping Bangladesh Ltd., Chittagong, who claimed to be the owner of the said vessel MV Regent Ranger. Both the cases were under Order 38, rule 8 of the Code of Civil Procedure for releasing the bank guarantee furnished in the case for releasing the said vessel from the order ......nished there is no merit in these two revisional applications. In the result, these Rules are discharged without any order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 617. ..

Category: Admiralty Law or Maritime Law | Date: | Hits: 186

Mozammel (Md.) Huq Vs. State, 1990, 19 CLC (HCD)

.... a penalty of confiscation of the smuggled goods and penalty upto the limit of 10 times of the value of the property to be imposed by the Customs authority for the offence of smuggling into or out of Bangladesh of any goods and further provides that upon conviction by a Magistrate the offender shall......Court. The Special Tribunal shall have the liberty to cancel the bail‑ of the accused if and when he finds it necessary in course of trial. Ed. This Case is also Reported in: 43 DLR (1991) 614.......ial Powers Act and sentenced to suffer 7 years RI as also to pay a fine of Tk. 50.000.00 while the other 3 accused were acquitted of the charges. 3. Mr. Serajul Huq, the learned Advocate appearing for the appellant, submitted that the learned Special Tribunal having no jurisdiction to take cogniz......Court. The Special Tribunal shall have the liberty to cancel the bail‑ of the accused if and when he finds it necessary in course of trial. Ed. This Case is also Reported in: 43 DLR (1991) 614...

Category: Criminal Law | Date: | Hits: 52

Anu Bala Vs. Upazila Nirbahi Officer, Perojpur and Others, 1990, 19 CLC (HCD)

.... Upazila Nirbahi Officer, Perojpur and Others...................Opposite‑Party. Judgment November 4, 1990. Cases Referred to- Circle Officer, Sutrapur Vs. Mohammad Hosain, 1990 BLD 12; Bangladesh Vs. Jahiruddin, 1986 BLD (AD) 190. Lawyers Involved: AK Badrul Huq, Advocate ‑ Fo......ch we find no illegality to interfere in the Revisional jurisdiction of this Court. In the result, this application is summarily rejected. Ed. This Case is also Reported in: 43 DLR (1991) 611....... section 115 of the Code of Civil Procedure and is directed against the judgment and order dated 23.7.90 passed by the District Judge, Perojpor, in Title Appeal No. 67 of 1990 allowing an application for condonation under section 5 of the Limitation Act. 2. Facts in short are that the petitioner ......ch we find no illegality to interfere in the Revisional jurisdiction of this Court. In the result, this application is summarily rejected. Ed. This Case is also Reported in: 43 DLR (1991) 611...

Category: Limitation Law | Date: | Hits: 192

Abdus Samad Azad, MP & others Vs. Bangladesh, through Secretary, Ministry of Law and Justice and others, 1991, 20 CLC (HCD)

....vision (Special Original Jurisdiction) Present: Habibur Rahman Khan J Abdus Samad Azad, MP & others...............................................................Petitioners Vs. Bangladesh, through Secretary, Ministry of Law and Justice and others..........Respondents. Judgm......atter be placed before the regular Bench on the re‑opening of the Court on 20th October, 1991 for hearing of the substantive application. Ed. This Case is also Reported in: 43 DLR (1991) 607. ......d Azad MP and 6 others have challenged the legislation, namely Act 27 of 1991 (President Election Act of 1991) and the amendment thereof by Ordinance No. XXXIII of 1991 passed on 28.9.1991 and prayed for a Rule Nisi calling upon the Respondents to show cause as to why the impugned legislations as of......atter be placed before the regular Bench on the re‑opening of the Court on 20th October, 1991 for hearing of the substantive application. Ed. This Case is also Reported in: 43 DLR (1991) 607. ..

Category: Constitutional Law | Date: | Hits: 229

Nizamul Haque and Others Vs. Singa Bangla Garment Manu­facturing Company (Pvt) Ltd., 1990, 19 CLC (HCD)

.............................................Petitioner Vs. Singa Bangla Garment Manu­facturing Company (Pvt) Ltd..............Respondent. Judgment October 29, 1990. Case Referred to- Bangladesh Road Transport Corporation Vs. M/s Ashraf Jute Mills Ltd., BLD 1990 144. Lawyers Invol......ain a stay order from the Appellate Court. The prayer is allowed and this judgment will come into operation just after two weeks from date. Ed. This Case is also Reported in: 43 DLR (1991) 603. ......itioner. Ozair Faruq, Advocate ‑ For the Respondent. Matter No. 45 of 1988. Judgment Md. Mozammel Haque J. - This is an application under Sections 162 and 163 of the Companies Act, 1913 for winding up of the respondent‑company, namely Singa‑Bangla Garment Manufacturing Company (Pvt......ain a stay order from the Appellate Court. The prayer is allowed and this judgment will come into operation just after two weeks from date. Ed. This Case is also Reported in: 43 DLR (1991) 603. ..

Category: Company Law | Date: | Hits: 190

Afsar Ali Chowdhury and others Vs. The People's Republic of Bangladesh, 1990, 19 CLC (HCD)

....evisional Jurisdiction) Present: Anwarul Hoque Chowdhury J Kazi Ebadul Hoque J Afsar Ali Chowdhury and others...............................Petitioners Vs. The People's Republic of Bangladesh........................Opposite Party. Judgment October 31, 1990. Cases Referred...... Republic of Bangladesh........................Opposite Party. Judgment October 31, 1990. Cases Referred to- Province of East Bengal Vs. Bakerganj Central Co‑operative Sales and Supply Society Ltd., 12 DLR (Dacca) 219. Lawyers Involved: Jamiruddin Sircar, Advocate ‑ For the Pe...... Thakui gaon in Money Suit No. 1 of 1990 rejecting the application under Order 7 rule 11 of the Code of Civil Procedure. 2. Facts in short are that plaintiffs instituted Money Suit No. 1 of 1990 before the Court of Subordinate Judge, Thakurgaon for realisation of Tk. 8,03,558.00. The case of the ...... with approval. We find no substance in this application which is thus, rejected summarily. The stay granted earlier is here by vacated. Ed. This Case is also Reported in: 43 DLR (1991) 593. ..

Category: Civil Law | Date: | Hits: 87

Afsar (Md.) Vs. Moulvibazar Pourashava and others, 1990, 19 CLC (HCD)

...............................Petitioner Vs. Moulvibazar Pourashava and others...............Opposite Party. Judgment December 3, 1990. Case Referred to- Dacca Match Factory Ltd. Vs. Bangladesh Match Co. Ltd, 30 DLR (HC) page 244 para 8; Mansur Ahmed Vs. Kalipada Chatiorpadhy and ot......this order with proper notice to both the sides. Let the records of the case along with a copy of this order be sent down expeditiously. Ed. This Case is also Reported in: 43 DLR (1991) 589. ......lslam, Subordinate Judge, Maulvibazar disallowing Miscellaneous Case No. 89 of 1985 under Order XLVII of the Code of Civil Procedure and vacating the order of stay dated 12.5.78. 2. Facts relevant for the disposal of the above rule may briefly be stated as follows: The petitioner as plaintiff ......this order with proper notice to both the sides. Let the records of the case along with a copy of this order be sent down expeditiously. Ed. This Case is also Reported in: 43 DLR (1991) 589. ..

Category: Trust/Waqf Law | Date: | Hits: 181