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Principal, Fulbaria College, Mymensingh Vs. Md. Helaluddin and Others, 2010, 39 CLC (AD)

....eal arose out of the following facts: The respondent No.1, (writ petitioner) a teacher of Fulbaria College, Mymensingh instituted Writ Petition No.3746 of 2003 in the High Court Division seeking a declaration to the effect that the decision for demotion of the writ petitioner by the writ responde...... The appeal is, therefore, allowed without any order as to costs. Ed. This Case is also Reported in: 32 BLD (AD) (2012) 11, 16 MLR (AD) (2011) 380, 8 LG (AD) (2011) 155, VIII ADC (2011) 941. ...... The appeal is, therefore, allowed without any order as to costs. Ed. This Case is also Reported in: 32 BLD (AD) (2012) 11, 16 MLR (AD) (2011) 380, 8 LG (AD) (2011) 155, VIII ADC (2011) 941. ..

Category: Employment/Service Law | Date: | Hits: 204

Professor Golam Azam Vs. Government of Bangladesh and others, 1992, 21 CLC (HCD)

....all be deemed to continue to be the resident of Bangladesh. Prof. Golam Azam, the present petitioner, in his writ petition has stated that on 3rd December, 1971 he started from Karachi but due to the declaration of war his plane could not land at Dhaka and went back to Colombo and then Jeddah where ......ators (Special Tribunal) Order 1972; that the petitioner reiterated the statements made in paragraph 2‑12 of the petition and denied the allegation that he played any heinous role during the war of independence. It is also stated that the petitioner could not be held responsible for the alleged ra......ivision (Special Original Jurisdiction) Present: Mohammad Ismail Uddin Sarker J Badrul Islam Chowdhury J Professor Golam Azam…………………..Petitioner Vs. Government of Bangladesh and others.................Respondents Judgment August 12, 1992. Result: The ..

Category: Immigration and Citizenship Law | Date: | Hits: 343

Bangladesh Vs. Bangladesh Italian Marble Works Ltd. and others, 2011, 40 CLC (AD)

.... 6 to handover possession of Moon Cinema Hall within 3(three) months free from all encumbrances and/or to resolve the dispute amicably within the said period. Ed. This Case is also Reported in: ...... 6 to handover possession of Moon Cinema Hall within 3(three) months free from all encumbrances and/or to resolve the dispute amicably within the said period. Ed. This Case is also Reported in: ......eported in: ..

Category: Constitutional Law | Date: | Hits: 222

Maulana Motiur Rahman Nizami Vs. State, 2010, 39 CLC (HCD)

....re led to hold that the instant petition under section 561A of the Code of Criminal Procedure is incompetent and as such it is rejected in limine. This Case is also Reported in: 16 BLC (2011) 808. ......re led to hold that the instant petition under section 561A of the Code of Criminal Procedure is incompetent and as such it is rejected in limine. This Case is also Reported in: 16 BLC (2011) 808. ......­dings of ICT-BD Miscellaneous Case No.1 of 2010 pending before the International Crimes Tribunal, Dhaka. 2. It has been stated in the petition that the petitioner is the Ameer of Jamaat-e-Islami, Bangladesh. He is an ex-Minister of the Government of the People's Republic of Bangladesh. However, ..

Category: Criminal Law | Date: | Hits: 103

Hassan MS Azim and three others Vs. Bangladesh, 2010, 39 CLC (HCD)

....with regard to the appointment of the Chief Justice is clear and does not call for any interpretation. Hence, the application is rejected. Ed. This Case is also Reported in: 16 BLC (2011) 800. ......s of the Supreme Court of Bangladesh and filed the instant application as a Public Interest Litigation (PIL) with the view to uphold the "Supremacy of the Constitution "and "Rule of Law" for ensuring independence of the judi­ciary from other organs of the State. They are concerned about the deviati...... High Court Division (Special Original Jurisdiction) Present: Md. Imman Ail J Obaidul Hassan J Hassan MS Azim and three others...............................Petitioners Vs. Bangladesh………………………….......................................Respondents Judgme..

Category: Constitutional Law | Date: | Hits: 228

Habibullah (Md.) and others Vs. Bangladesh and others, 2007, 36 CLC (HCD)

.... In light of the above, this Court finds substance in the Rule. In the result, the Rule is made absolute. There is no order as to costs. Ed. This Case is also Reported in: 16 BLC (2011) 794. ...... In light of the above, this Court finds substance in the Rule. In the result, the Rule is made absolute. There is no order as to costs. Ed. This Case is also Reported in: 16 BLC (2011) 794. ......High Court Division (Special Original Jurisdiction) Present: Salma Masud Chowdhury J Syed Refaat Ahmed J Habibullah (Md.) and others...........................Petitioners Vs. Bangladesh and others……………………………………...Respondents Judgment Januar..

Category: Property Law | Date: | Hits: 104

Government of Bangladesh Vs. M Anwar Hossain and others, 2011, 40 CLC (AD)

.... against the said judgment and order of the High Court Division stating, inter alia, that they instituted Other Class Suit No. 197 of 2011 in the 3rd Court of Joint District Judge, Chittagong seeking declaration that the deed dated 11th February, 2009 is forged, collusive and not binding upon them, ......judgment of the High Court Division is set aside. These petitions are disposed of with the above observations. Ed. This Case is also Reported in: 16 BLC (AD) (2011) 155, VIII ADC (2011) 901. ...... Present: Md. Muzammel Hossain CJ Surendra Kumar Sinha J MA Wahhab Miah J Nazmun Ara Sultana J Md. lmmanAli J Md. Mamtaz Uddin Ahmed J Md. Shamsul Huda J Government of Bangladesh, represented by the Secretary, Ministry of Land, Dhaka and others..........................

Category: Property Law | Date: | Hits: 68

Sanwar Hossain Vs. State, 1993, 22 CLC (HCD)

.... Let a copy of this judgment be forwarded to the Additional Sessions Judge, Narayanganj, for necessary action in accordance with law. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 489....... Let a copy of this judgment be forwarded to the Additional Sessions Judge, Narayanganj, for necessary action in accordance with law. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 489.......ent January 10, 1993. Cases Referred to- State Vs. Bashirullah, 16 DLR 189; Mafu @ Mafizuddin Vs. State, 31 DLR 16; Ismail Sarker Vs. The State, 33 DLR 320; Hassen Ali Vs. State, 38 DLR 235; Bangladesh Vs. Paran Chandra Baroi, BCR 1986 (AD) 225; Moslemuddin & ors. Vs. State, 1987 BLD (A..

Category: Criminal Law | Date: | Hits: 91

State Vs. Golam Sabbir Shown, 2011, 40 CLC (AD)

....no cogent ground to interfere with the discretionary power exercised by the High Court Division. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 443.......no cogent ground to interfere with the discretionary power exercised by the High Court Division. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 443.......wo) bombs aiming the office of Chairperson of BNP at Road No.86, House No.6, Gulshan-2. After the said incident 2(two) motor cycles were found to leave that place speedily. Leaders and workers of the Bangladesh Nationalist Party were running hither and thither when two workers sustained injuries due..

Category: Criminal Law | Date: | Hits: 98

Helm Dungemittel Gmbh Vs. BCIC and another, 2009, 38 CLC (HCD)

....f any order to have been made by this Court in conjunction with the Arbitration Application No.1 of 2007. There is no order as to costs. Ed. This Case is also Reported in: 16 BLC (2011) 783. ......f any order to have been made by this Court in conjunction with the Arbitration Application No.1 of 2007. There is no order as to costs. Ed. This Case is also Reported in: 16 BLC (2011) 783. ......nuary 12, 2009. Cases Referred To- Suleman Haji Muhammad and Co Vs. State Bank of Pakistan, 1960 PLD Karachi 78, and KLR (1) 84; Rising Sun Traders Ltd Vs. Chittagong Port Authority, 43 DLR 1; Bangladesh Telegraph and Telephone Board Vs. Lithi Enterprise Ltd, 46 DLR 122; Titas Prokaushali Ltd..

Category: Alternative Dispute Resolution | Date: | Hits: 172

Md. Rafiqul Islam Faruque Vs. Government of Bangladesh, repre­sented by the Secretary, Ministry of Law, Justice and Parliamentary Affairs, and others, 2009, 38 CLC (AD)

....r Rahman, the learned Advocate-on-Record, failed to dislodge this finding of the High Court Division. Accordingly, this petition is dismissed. This Case is also Reported in: VIII ADC (2011) 439. ......r Rahman, the learned Advocate-on-Record, failed to dislodge this finding of the High Court Division. Accordingly, this petition is dismissed. This Case is also Reported in: VIII ADC (2011) 439. ......sent: MM Ruhul Amin CJ Mohammad Fazlul Karim J Md. Abdul Matin J ABM Khairul Haque J Md. Rafiqul Islam Faruque ………………………............Petitioner Vs. Government of Bangladesh, repre­sented by the Secretary, Ministry of Law, Justice and Parliamentary Affairs, and ..

Category: Procedural Law | Date: | Hits: 76

Sanowara Begum and others Vs. Mohammad Rashedul Hoque and others, 2009, 38 CLC (AD)

....ers filed a suit, being the Other Class Suit No.375 of 2007, in the Fifth Court of Senior Assistant Judge, Chittagong, pray­ing for a decree for partition of the suit-land, with a further prayer for declaration of their title. The petitioners also filed an application for an order of injunction to ......ng on behalf of the peti­tioners, fails to assail the above reasonings of the High Court Division. As such, the petition is dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 438. ......ng on behalf of the peti­tioners, fails to assail the above reasonings of the High Court Division. As such, the petition is dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 438. ..

Category: Administrative Law | Date: | Hits: 166

Abu Syed Khan Vs. Humayun Kabir and another, 2011, 40 CLC (AD)

....the judgment and order dated 2.7.2009 passed by the High Court Division in First Appeal No. 415 of 2003.) Judgment Surendra Kumar Sinha J. - Petitioners are the heirs of defendant in a suit for declaration of title and recovery of khas possession of the suit land, preferred this petition for l......fectly justified in decreeing the suit. We find no merit in the contention of Mr. Mahbubey Alam. The petition is accordingly dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 436. ......fectly justified in decreeing the suit. We find no merit in the contention of Mr. Mahbubey Alam. The petition is accordingly dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 436. ..

Category: Property Law | Date: | Hits: 73

Government of Bangladesh and others Vs. Ansarul Huq, 2011, 40 CLC (AD)

....ith such order of refusing to condone the delay. No point of law is involved in this matter. This petition is accordingly, dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 434. ......ith such order of refusing to condone the delay. No point of law is involved in this matter. This petition is accordingly, dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 434. ......e is also Reported in: VIII ADC (2011) 434. ..

Category: Administrative Law | Date: | Hits: 206

Md. Abu Musa Bhuiyan and another Vs. Mohammad Ali alias Alimullah and others, 2010, 39 CLC (AD)

.... Korban Ali, son of Dhanu Mia, (2) Mohammad Ali alias Alimullah, (3) Salimullah, (4) Habibullah, all sons of Korban Ali of village Nadirpar, Kamrangir Char, Police Station-Lalbagh, District-Dhaka for declaration of title and recovery of khas possession in respect of the suit property measuring 10(te......e find nothing to interfere with the judgment of the High Court Division and accordingly this petition for leave to appeal is dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 431. ......e find nothing to interfere with the judgment of the High Court Division and accordingly this petition for leave to appeal is dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 431. ..

Category: Property Law | Date: | Hits: 71

Bangladesh Vs. Md. Ataur Rahman and others, 2011, 40 CLC (AD)

....il, 2011 and thereafter the respondent shall file the same within 17th April, 2011. The appeal is fixed for hearing on 26th April, 2011. Ed. This Case is also Reported in: VIII ADC (2011) 415. ......he members of the Judicial Service cannot be equated with administrative executives; rather as the wielders of the State-power, they are on a par with political executives and leg­islators. Judicial independence cannot be secured by making mere solemn proclama­tions about it. It has to be secured ......gh Court Division Judgment here. Supreme Court Appellate Division (Civil) Present: Surendra Kumar Sinha J Md. Abdul Wahhab Miah J Nazmun Ara Sultana J Syed Mahmud Hossain J Bangladesh repre­sented by the Cabinet Secretary, Cabinet Division, Bangladesh Secretariat, Dhaka-1..

Category: Constitutional Law | Date: | Hits: 441

Md. Nurul Hussain Vs. Bangladesh Muktijoddhya Kallayan Trust, represented by its Chairman, 88, Motijheel Commercial Area, P.S. Motijheel, Dhaka and others, 2011, 40 CLC (AD)

....t No.2 to abstain from auctioning the property but Muktijodhya Kallayan Trust did not pay any heed to the said request of the Jute Trading Corporation. Hence the suit. 12. The plaintiff prayed for declaration that the alleged invitation of tender by defendant Nos. 1 and 2 for selling the schedule......ilities including maintenance and man­agement were vested in the Additional Custodian Enemy Property (Judge) by a Gazette Notification published on Friday, the 12th May, 1967 from Karachi. After the independence, the property automati­cally stood vested in Bangladesh Government. 4. Subsequently......esent: Md. Muzammel Hossain J Md. Abdul Wahhab Miah J Syed Mahmud Hossain J Muhammad Imman Ali J Md. Nurul Hussain…………………………………………..Petitioner Vs. Bangladesh Muktijoddhya Kallayan Trust, represented by its Chairman, 88, Motijheel Commercial Area, ..

Category: Property Law | Date: | Hits: 82

Md. Alimuzzarnan (Reza) and others Vs. Md. Masudar Rahman @ Babul and others, 2010, 39 CLC (HCD)

....roceedings, to prove their own existence, the institu­tion of the suit, and the facts in issue between the parties. But being regarded in other respects rather as the suggestions of counsel than the declarations of the par-tics, they are not receivable to prove the truth of the facts stated, even a......merit in the contention of Mr. Mahmudul Islam. Accordingly, the appeal is allowed without any order as to cost. The suit is dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 392. ......merit in the contention of Mr. Mahmudul Islam. Accordingly, the appeal is allowed without any order as to cost. The suit is dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 392. ..

Category: Procedural Law | Date: | Hits: 76

Mohammad Hossain and others Vs. Additional Deputy Commissioner (Revenue) and Assistant Custodian, Vested and non-resident properties, Noakhali and others, 2011, 40 CLC (HCD)

.... parliamentary affairs, Government of Bangladesh. Send down the lower Court record. Communicate this order at once. Ed. Md. Nuruzzaman J.-I agree. This Case is also Reported in: ...... parliamentary affairs, Government of Bangladesh. Send down the lower Court record. Communicate this order at once. Ed. Md. Nuruzzaman J.-I agree. This Case is also Reported in: ...... and Assistant Custodian, Vested and non-resident properties, Noakhali and others………………..Respondents Judgment February 6, 2011. Cases Referred To- Saju Hossain and others Vs. Bangladesh and anther, 58 DLR (AD) 177; Aroti Rani Pau Vs. Sudarshan Kumar Paul and others, 56 DLR (..

Category: Property Law | Date: | Hits: 66

State Vs. Kazol, 2011, 40 CLC (HCD)

....d parties by reason of being related to the deceased one way or the other, while generally corroborating the F.I.R. account, however, appeared to have produced accounts of being recipients of a dying declaration supposedly made by a grievously injured Taposh at various points in time while being tra...... the Druto Bichar Tribunal-2, Dhaka immediately. Send down the Lower Court Records. Communicate this Order at once. Md. Habibul Gani J. - I agree. Ed. This Case is also Reported in: ...... the Druto Bichar Tribunal-2, Dhaka immediately. Send down the Lower Court Records. Communicate this Order at once. Md. Habibul Gani J. - I agree. Ed. This Case is also Reported in: ..

Category: Criminal Law | Date: | Hits: 106