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Sultan Mahmud Chowdhury Vs. Secretary, Ministry of Public Works and Urban Development & others, 2004, 33 CLC (HCD)

....ginal Decree No. 502 of 2001. Judgment Md. Abdur Rashid J.- Plaintiff presented the above appeal against the decree dated 12‑3‑2001 passed by the Subordinate Judge and Arbitration Court at Dhaka in Title Suit No. 3 of 2000, which dismissed the suit. 2. Plaintiff instituted the suit for......on) Present: Md. Abdur Rashid J S Rahman Miah J Sultan Mahmud Chowdhury ............................................................Appellant Vs. Secretary, Ministry of Public Works and Urban Development & others........Respondents Judgment March 22, 2004. Case Referre...... Division (Original Appellate Jurisdiction) Present: Md. Abdur Rashid J S Rahman Miah J Sultan Mahmud Chowdhury ............................................................Appellant Vs. Secretary, Ministry of Public Works and Urban Development & others........Respondents ......ant No.7 are declared to be illegal, collusive, without jurisdiction, mala fide and of no legal effect. Send down the LCR at once. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 269. ..

Category: Property Law | Date: | Hits: 73

Monju Mia and others Vs. Shiraj Mia and others, 2002, 31 CLC (HCD)

....on 103 of the Evidence Act, it was incumbent upon the petitioners to prove the receipts as forged. In support he cited the decisions in the case of Md. Zaker Sukani Vs. Mostanser and others, PLD 1961 Dhaka 71(s). 6. Opposing the Rule, an affidavit-in­-opposition on behalf of opposite party Nos. ....... This Case is also Reported in: 56 DLR (HCD) (2004) 264. ......264. ......e of the Rule on 10‑11‑1999 is hereby recalled and vacated. The learned Subordinate Judge is directed. Communicate at once. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 264. ..

Category: Property Law | Date: | Hits: 61

Pak Eastern Industries Ltd. Vs. DC, Dhaka and another, 2004, 33 CLC (HCD)

.... Court High Court Division (Civil Miscellaneous Jurisdiction) Present: Abdur Rashid J S Rahman Miah J Pak Eastern Industries Ltd…………………………Appellant Vs. DC, Dhaka and another…………………………….Respondents Judgment March 4, 2004. Case...... High Court Division (Civil Miscellaneous Jurisdiction) Present: Abdur Rashid J S Rahman Miah J Pak Eastern Industries Ltd…………………………Appellant Vs. DC, Dhaka and another…………………………….Respondents Judgment March 4, 2004. Cases Refe......9. ......hin a period of three months from date of receipt of this order, positively. Send down the records at once. Communicate at once. Ed. This Case is also Reported in: 56 DLR (HCD) (2004)259. ..

Category: Property Law | Date: | Hits: 77

Tofail Ahmed alias Joseph Vs. State, 2004, 33 CLC (HCD)

..... Criminal Revision No. 1200 of 2003. Judgment Zinat Ara J.- On an application under section 439 of the Code of Criminal Procedure this Rule was issued calling upon the Deputy Commissioner, Dhaka to show cause as to why order No. 113 dated 15‑9‑2003 and order No. 120 dated 2‑11‑200......ra J.- On an application under section 439 of the Code of Criminal Procedure this Rule was issued calling upon the Deputy Commissioner, Dhaka to show cause as to why order No. 113 dated 15‑9‑2003 and order No. 120 dated 2‑11‑2003 passed by the Druto Bichar Tribunal No.4, Dhaka in Druto Bicha......) (2004) 250. ......esult the Rule is discharged. The order of stay is hereby vacated. Communicate the order to the concerned tribunal immediately. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 250. ..

Category: Criminal Law | Date: | Hits: 60

Shafiqul Islam Shimul (Md) Vs. Bangladesh, 2003, 32 CLC (HCD)

....one should be condemned unheard," is a settled principle of law which is embodied in the maxim audit alteram partem. Whenever any person, or body of persons, the Supreme Court of Pakistan says in the Dhaka University Case, is empowered to take decision after ex post facto investigation into facts wh......sent: Amirul Kabir Chowdhury J Md. Nizamul Huq J Shafiqul Islam Shimul (Md)..........................Petitioner Vs. Bangladesh, represented by the Secretary, Ministry of Home Affairs and other….Respondents Judgment March 24, 2003. Case Referred to- Sk Ali Ahmed Vs. Sec......reme Court High Court Division (Special Original Jurisdiction) Present: Amirul Kabir Chowdhury J Md. Nizamul Huq J Shafiqul Islam Shimul (Md)..........................Petitioner Vs. Bangladesh, represented by the Secretary, Ministry of Home Affairs and other….Respondents ....... 478923 and 100 bullets by the respondent No.5 are declared to have been made without lawful authority and to be of no legal effect. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 239. ..

Category: Criminal Law | Date: | Hits: 63

Grameen Bank Karmachari Union Vs. Member, Labour Appellate Tribunal Dhaka and others, 1998, 27 CLC (HCD)

....Court (Special Original Jurisdiction) Present: Mainur Reza Chowdhury J MA Aziz J Grameen Bank Karmachari Union………………..Petitioner Vs. Member, Labour Appellate Tribunal Dhaka and others……………………..Respondents Judgment October 28, 1998. Lawyers I...... (Special Original Jurisdiction) Present: Mainur Reza Chowdhury J MA Aziz J Grameen Bank Karmachari Union………………..Petitioner Vs. Member, Labour Appellate Tribunal Dhaka and others……………………..Respondents Judgment October 28, 1998. Lawyers Involve......ed in: 51 DLR (HCD) (1999) 179. ...... the result, the Rule is made absolute without however any order as to cost. Let the lower Court records be sent down immediately. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 179. ..

Category: Labour and Industrial Law | Date: | Hits: 186

H.M.A. Sattar Vs. Government of People's Republic of Bangladesh, 2009, 38 CLC (AD)

.... Rahman J H.M.A. Sattar.....................Petitioner Vs. Government of People's Republic of Bangladesh, represented by the Secretary, Ministry of Education, Bangladesh Secretariate, Ramna, Dhaka and others.................Respondents Judgment March 23, 2009. Lawyers Involved: ......n J H.M.A. Sattar.....................Petitioner Vs. Government of People's Republic of Bangladesh, represented by the Secretary, Ministry of Education, Bangladesh Secretariate, Ramna, Dhaka and others.................Respondents Judgment March 23, 2009. Lawyers Involved: Md. Na......1. ......fere with the impugned judgment and order passed by the High Court Division. Accordingly, the application for leave to appeal is dismissed. This Case is also Reported in: 16 MLR (AD) (2011) 71. ..

Category: Civil Law | Date: | Hits: 90

Bangladesh Jute Mills Corporation Vs. Maico Jute and Bag Corporation and others, 2002, 31 CLC (HCD)

....as obtained by defendant No.1 upon making a revision application under section 115 of the Code of Civil Procedure against order No. 13 dated 25‑11‑2001 passed by Subordinate Judge, Court No. 5 at Dhaka in Title Suit No. 31 of 2001, which rejected the prayer for stay of further proceedings of the......ivision (Civil Revisional Jurisdiction) Present: Md. Abdur Rashid J Hasan Foez Siddique J Bangladesh Jute Mills Corporation.............................Petitioner Vs. Maico Jute and Bag Corporation and others ...............Opposite Parties Judgment April 8, 2002. Resu......rt High Court Division (Civil Revisional Jurisdiction) Present: Md. Abdur Rashid J Hasan Foez Siddique J Bangladesh Jute Mills Corporation.............................Petitioner Vs. Maico Jute and Bag Corporation and others ...............Opposite Parties Judgment Apri......e Metropolitan Chamber of Commerce and Industry for arbitration in accordance with clause 18 of the contract. Communicate at once. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 224. ..

Category: Alternative Dispute Resolution | Date: | Hits: 245

Shamsul Alam and another Vs. State, 2002, 31 CLC (HCD)

....sed and the conviction and sentence passed on 23‑7‑1998 are hereby confirmed. Records of the trial Court be sent down at once. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 218. ......his Case is also Reported in: 56 DLR (HCD) (2004) 218. ......2004) 218. ......sed and the conviction and sentence passed on 23‑7‑1998 are hereby confirmed. Records of the trial Court be sent down at once. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 218. ..

Category: Criminal Law | Date: | Hits: 54

GM Morshed Vs. City Bank Ltd. and others, 2004, 33 CLC (HCD)

....ng upon the opposite parties to show cause as to why the proceeding of Petition Case No. 1741 of 2000 under section 138 of Negotiable Instruments Act, 1881 now pending in the Metropolitan Magistrate, Dhaka should not be quashed. 2. Necessary facts for the purpose of disposal of the Rule, in brief...... High Court Division (Criminal Revisional Jurisdiction) Present: Md. Ali Asgar Khan J Md. Ashfaqul Islam J GM Morshed..............................Petitioner Vs. City Bank Ltd. and others...........Opposite Parties Judgment January 19, 2004. Result: The Rule is dis......) 205. ......r granted by this Court on 11‑11‑2001 is hereby recalled. Communicate the order to the learned Metropolitan Magistrate, Dhaka. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 205. ..

Category: Banking Law | Date: | Hits: 237

Babul Sikder and others Vs. State represented by the DC, 2003, 32 CLC (HCD)

....kerganj) in respect of accused‑appellant Babul Sikder is maintained. Lower Court's Record be sent down as immediate as possible. Ed. This Case is also Reported in: 56 DLR (HCD) (2004)174. ......d. This Case is also Reported in: 56 DLR (HCD) (2004)174. ......D) (2004)174. ......kerganj) in respect of accused‑appellant Babul Sikder is maintained. Lower Court's Record be sent down as immediate as possible. Ed. This Case is also Reported in: 56 DLR (HCD) (2004)174. ..

Category: Criminal Law | Date: | Hits: 54

Patwary Rafiquddin Haider Vs. State and another, 2002, 31 CLC (HCD)

....tered with Marriage Registrar. Shailakupa Union Police Station, Banskhali, Chittagong on 27‑3-­2001. (b) Petitioner and informant started living together as husband and wife. Petitioner went to Dhaka for purpose of his business and when he came back from Dhaka to Chittagong he asked his wife i...... Court Division (Criminal miscellaneous Jurisdiction) Present: A K Badrul Haq J Nazrul Islam Chowdhury J Patwary Rafiquddin Haider……............Accused-Petitioner Vs. State and another ……….................Opposite Parties Judgment May 8, 2002. Cases Referre......Court High Court Division (Criminal miscellaneous Jurisdiction) Present: A K Badrul Haq J Nazrul Islam Chowdhury J Patwary Rafiquddin Haider……............Accused-Petitioner Vs. State and another ……….................Opposite Parties Judgment May 8, 2002. ......udgment. The question posed is answered accordingly. The Rule arising out of a petition for Anticipatory Bail, thus stands disposed of. Ed. This Case is also Reported in: 55 DLR (2003) 241...

Category: Criminal Law | Date: | Hits: 79

Syed Afsaruddin Vs. Bangladesh, represented by the Secretary, Ministry of Works, Government of the People's Republic of Bangladesh and others, 2009, 38 CLC (AD)

....ee of the case property and that the writ petitioner got the required sale deed executed and registered through Court by filing Title Suit No.121 of 1981 in the Court of Subordinate Judge, 4th Court, Dhaka, for Specific Performance of Contract as the original lessee did not execute and register the ...... Abu Nayeem Mominur Rahman J Syed Afsaruddin....................Petitioner Vs. Bangladesh, represented by the Secretary, Ministry of Works, Government of the People's Republic of Bangladesh and others....…………..Respondents Judgment June 21, 2009. Cases Referred To- Rawsh...... Supreme Court Appellate Division (Civil) Present: Mohammad Fazlul Karim J Md. Joynul Abedin J Shah Abu Nayeem Mominur Rahman J Syed Afsaruddin....................Petitioner Vs. Bangladesh, represented by the Secretary, Ministry of Works, Government of the People's Repu......and thus there is no merit in the leave petition. Accordingly, the petition for leave to appeal is dismissed Ed. This Case is also Reported in: 16 MLR (AD) (2011) 49, 63 DLR (AD) (2011) 127. ..

Category: Property Law | Date: | Hits: 54

Russel Vegetable Oil Ltd. Vs. Collector of Customs and others, 2000, 29 CLC (HCD)

....No. 2293 of 1994 in short, are that the petitioner Russel Vegetable Oil Limited is a company incorporated under the Companies Act, 1913, having its registered office at 195 Motijheel Commercial Area, Dhaka. The petitioner set up an Oil Refinery Industry under 100% Foreign Investment with the approva......Court Division (Special Original Jurisdiction) Present: Kazi AT Manowaruddin J Md. Arayesuddin J Russel Vegetable Oil Ltd……………….Petitioner Vs. Collector of Customs and others………Respondents Judgment January 27, 2000. Result: Both the Rules are ......382. ...... two months. There shall be no order as to costs. Let a copy of this order be sent to the Commissioner of Customs, Chittagong. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 382. ..

Category: Fiscal/Taxation Law | Date: | Hits: 79

Commissioner of Taxes Vs. Bangladesh Rural Advancement Committee (BRAC), 1999, 28 CLC (HCD)

....of two orders of the same nature in respect of ITA No. 55 of 1994-95 for the assessment year 1989-90 and ITA No. 552 of 1994-95 for the assessment year 1990-91 passed by the Taxes Appellate Tribunal, Dhaka, Bench-3. As the same question of law and fact is involved these two reference applications ar......have been filed by the Revenue under section 160 of the Income Tax Ordinance, 1984 which arose out of two orders of the same nature in respect of ITA No. 55 of 1994-95 for the assessment year 1989-90 and ITA No. 552 of 1994-95 for the assessment year 1990-91 passed by the Taxes Appellate Tribunal, D....... ......estions put to us in the reference applications are in the affirmative. These two Reference Applications are accordingly disposed of. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 152. ..

Category: Fiscal/Taxation Law | Date: | Hits: 99

Mazharul Haque Qureishi Vs. Giridhari Rishi and others, 1998, 27 CLC (HCD)

....ioner Vs. Giridhari Rishi and others…………………Opposite Parties Judgment July 11, 1998. Cases Referred to- Sakhawat Hossain vs. Chowdhury Muhammad Sarwar and another, PLD (Dhaka) 1968 at page 557; Faziul Khan vs. Agrani Bank and others, 45 DLR 375; Shorab Merwanji Modi an......rted in: 51 DLR (HCD) (1999) 149....... This Case is also Reported in: 51 DLR (HCD) (1999) 149.......In the result, the Rule is discharged without any order as to costs. The order of stay earlier granted by this Court stands vacated. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 149...

Category: Property Law | Date: | Hits: 57

Arab Bangladesh Bank Ltd. Vs. Md. Shahiduzzaman DD, Bureau of Anti Corruption, Dhaka and others, 1998, 27 CLC (HCD)

....ial Original Jurisdiction) Present: Qazi Shafiuddin J Syed JR Mudassir Husain J Arab Bangladesh Bank Ltd…………..Petitioner Vs. Md. Shahiduzzaman DD, Bureau of Anti Corruption, Dhaka and others…………Respondents Judgment February 12, 1998. Lawyers Involved: Ra......iginal Jurisdiction) Present: Qazi Shafiuddin J Syed JR Mudassir Husain J Arab Bangladesh Bank Ltd…………..Petitioner Vs. Md. Shahiduzzaman DD, Bureau of Anti Corruption, Dhaka and others…………Respondents Judgment February 12, 1998. Lawyers Involved: Rafique-......1999) 145.......sions Judge, Dhaka is declared to have been issued illegally and the same is without any lawful authority and to be of no legal effect. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 145...

Category: Criminal Law | Date: | Hits: 41

Islamic Foundation Bangladesh Vs. Firoz Alam and others, 1997, 26 CLC (HCD)

.... First Appeal No. 366 of 1995. Judgment Md. Joynul Abedin J. - This first appeal is directed against the impugned judgment and decree dated 12-8-95 passed by the Subordinate Judge, 3rd Court Dhaka in Title Suit No. 171 of 1988 declaring that the plaintiff-respondent is entitled to the lease......o Appeal here. Supreme Court High Court Division (Civil) Present: Md. Gholam Rabbani J Md. Joynul Abedin J Islamic Foundation Bangladesh ……….Petitioner Vs Firoz Alam and others………Opposite Parties Judgment May 20, 1997. Cases Referred To- 32 DLR (AD......1-11-1995 passed by this Court staying the operation of the impugned judgment and decree passed by the trial Court is hereby vacated. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 141. ......1-11-1995 passed by this Court staying the operation of the impugned judgment and decree passed by the trial Court is hereby vacated. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 141. ..

Category: Property Law | Date: | Hits: 116

Mainul Haque (Md.) Vs. Secretary, Ministry of Water Resources, Government of the People’s Republic of Bangladesh, 1998, 27 CLC (HCD)

.... Md. Abdul Matin J Mainul Haque (Md.)………………….Petitioner Vs. Secretary, Ministry of Water Resources, Government of the People’s Republic of Bangladesh, Bangladesh Secretariat Dhaka and others………Respondents Judgment October 26, 1998. Case Referred To- Mir Al......Abdul Matin J Mainul Haque (Md.)………………….Petitioner Vs. Secretary, Ministry of Water Resources, Government of the People’s Republic of Bangladesh, Bangladesh Secretariat Dhaka and others………Respondents Judgment October 26, 1998. Case Referred To- Mir Alauddin......CD) (1999) 136.......efits he is entitled to get under the aforesaid Bangladesh Water Development Board (Employees) Service Rules, 1982, i.e. under the law. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 136...

Category: Employment/Service Law | Date: | Hits: 72

State Vs. Mukta Khan and another, 2011, 40 CLC (AD)

....LD(AD) (2011) 110. ......riminal) Present: ABM Khairul Haque CJ Md. Muzammel Hossain J SK Sinha J The State represented by the Deputy Commissioner, Dhaka………………......Petitioner Vs. Mukta Khan and another……………………..Respondents Judgment February 1, 2011. Case Referred T......ate Division (Criminal) Present: ABM Khairul Haque CJ Md. Muzammel Hossain J SK Sinha J The State represented by the Deputy Commissioner, Dhaka………………......Petitioner Vs. Mukta Khan and another……………………..Respondents Judgment February 1, 2011. ......ith this observation the leave petition is dismissed as infructuous. Ed. This Case is also Reported in: 19 BLT (AD) (2011) 33, 16 MLR (AD) (2011) 92, 8 LG (AD) (2011) 69, 31 BLD(AD) (2011) 110. ..

Category: Criminal Law | Date: | Hits: 55