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Obaidullah Khondaker (Sohel) Vs. Government of Bangladesh and others, 2010, 39 CLC (HCD)

....judgment. Let a copy of this Judgment be immediate­ly transmitted to each of the respondents for infor­mation and necessary action. Ed. This Case is also Reported in: 63 DLR (HD) (2011) 144.......ndents Judgment February 22, 2010. Result: The Rule is made absolute. Lawyers Involved: ABM Waliur Rahman Khan, Advocate—For the Petitioner. Korunamoy Chakma, Deputy Attorney-General—For the Respondent No. 3. Writ Petition No.5253 of 2009. Judgment Moyeenul Islam ......judgment. Let a copy of this Judgment be immediate­ly transmitted to each of the respondents for infor­mation and necessary action. Ed. This Case is also Reported in: 63 DLR (HD) (2011) 144.......vision (Special Original Jurisdiction) Present: Moyeenul Islam Chowdhury J AKM Abdul Hakim J Obaidullah Khondaker (Sohel)............................Petitioner Vs. Government of Bangladesh and others…………………………Respondents Judgment February 22, 2010. ..

Category: Property Law | Date: | Hits: 66

Ataur Rahman (Md.) Vs. Bangladesh and others, 2010, 39 CLC (HCD)

....is still in seisin of the matter.   Consequently, the prayer for certificate is rejected.  Ed.  This Case is also Reported in:62 DLR (HCD) (2010) 329; 30 BLD (HCD) (2010) 154. ......godha-Bhera Bus Service, Sargodha, 11 DLR (SC) 140; Mian Fazal Din Vs. Lahore Improvement Trust, 21 DLR (SC) 225; Mumbai Kamgar Sabha, Bombay Vs. Abdul Bhai, AIR 1976 SC 1466; (Blackburn Vs. Attorney-General, [1971] 2 All ER 1380); SP Gupta Vs. President of India, AIR 1982 SC 149; Benazir Bhutto Vs.......recedence. District Judges hold district-level posts like Deputy Commissioners and at the district-level, they have been shown at the highest serial number above Civil Surgeons and Superintendents of Police. Deputy Secretaries to the Government are national level posts and for that reason, they have......ision  (Special Original Jurisdiction)  Present: Syed Refaat Ahmed J  Moyeenul Islam Chowdhury J  Ataur Rahman (Md.)...............Petitioner  Vs.  Bangladesh and others…………………Respondents  Judgment  February 4, 2010.&n..

Category: Constitutional Law | Date: | Hits: 270

Bazlur Rahman (Md.) Vs. Government of the People's Republic of Bangladesh, 2009, 38 CLC (HCD)

....from the date of receipt of the Judgment and order.  Communicate the order at once.  Ed.  This Case is also Reported in: 62 DLR (HCD) (2010) 360; 18 BLT (HCD) (2010) 279. ......…………(25) Lawyers Involved:  Syed Haider Ali, Advocate - For the Petitioner.  JK Paul, Advocate - For the Respondent Nos. 2-4.  Mustafa Zaman Islam, Deputy Attorney-General - For the Respondents.  Writ Petition No. 5069 of 2008.  Judgment  M......from the date of receipt of the Judgment and order.  Communicate the order at once.  Ed.  This Case is also Reported in: 62 DLR (HCD) (2010) 360; 18 BLT (HCD) (2010) 279. ......diction)  Present:  ABM Khairul Haque J  Md. Mamtazuddin Ahmed J  Bazlur Rahman (Md.)..........Petitioners  Vs.  Government of the People's Republic of Bangladesh..........Respondents  Judgment  July 15, 2009.  Result:  ..

Category: Others | Date: | Hits: 149

American Life Insurance Company Vs. Dacca Poura Shaba and others, 1978, 7 CLC (AD)

....s to costs. Order of the Court. In accordance with the view of the ma­jority, we allow this appeal without any order as to costs. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 276.......s to costs. Order of the Court. In accordance with the view of the ma­jority, we allow this appeal without any order as to costs. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 276.......s to costs. Order of the Court. In accordance with the view of the ma­jority, we allow this appeal without any order as to costs. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 276.......s to costs. Order of the Court. In accordance with the view of the ma­jority, we allow this appeal without any order as to costs. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 276...

Category: Fiscal/Taxation Law | Date: | Hits: 156

Bangladesh Steamer Agent's Association Vs. Bangladesh & others, 1979, 8 CLC (AD)

....udgment of the High Court Division is set aside and the impugned order is set aside as having been passed without any lawful authority. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 272.......wyers Involved: Hamidul Huq Chowdhury, with Asrarul Hussain, Senior Advocates, Md. Khalilur Rahman, Advocate, instructed by M.R. Khan, Advocate-on-Record-For the Appellant. K. A. Bakr, Attorney-General with A. W. Bhuiyan, Assistant Attorney-General, instructed by S.S. Hoda, Advocate-on-Record ......udgment of the High Court Division is set aside and the impugned order is set aside as having been passed without any lawful authority. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 272....... Case is also Reported in: 31 DLR (AD) (1979) 272...

Category: Business or Commercial Law | Date: | Hits: 208

State Vs. Monsur Alam alias Mon Miah and others, 2012, 41 CLC (AD)

.... prepare the paper book out of Court in accordance with Rules. The order of stay granted earlier is extended till disposal of the appeal. Ed. This Case is also Reported in: 9 ADC (2012) 268. ......Alam alias Mon Miah and others……………………………Respondents Order December 5, 2012. Result: Leave is granted. Lawyers Involved: Karunamay Chakma, the Deputy Attorney General, instructed by Mrs. Sufia Khatun, Advocate-on-Record—For the Petitioner. Ruhul Quddus, ......ken to the Brahmanbaria Sadar Hospital where post mortem was done and Badal was admitted to Brahmanbaria Sadar Hospital for treatment. The informant lodged the First Information Report with Nobinagar Police Station at about 5/5.30 pm on that day. Thus Nobinagar Police Station Case No.15 dated 25.11....... prepare the paper book out of Court in accordance with Rules. The order of stay granted earlier is extended till disposal of the appeal. Ed. This Case is also Reported in: 9 ADC (2012) 268. ..

Category: Criminal Law | Date: | Hits: 122

Md. Nurul Alam alias Dr. Hazrat Shah Sufi Mohammad Nurul Alam Vs. Saleha Khatton and others, 2011, 40 CLC (AD)

....to Lalbagh Police Station Case No.48(10) dated 30.10.1999 shall be set aside." Preparation of paper book is dis­pensed with as prayed for. Ed. This Case is also Reported in: 9 ADC (2012) 265.......the effect that the criminal case in question against the accused respon­dents and others was filed on behalf of the Dayemi Complex Bangladesh and that the present petitioner is the Founder Director General of this Dayemi Complex Bangladesh and that the informant Md. Jahangir Alam lodged the ejahar...... Criminal Revision No.454 of 2008. 2. The facts necessary for disposal of this criminal petition for leave to appeal, in short, are as follows:- One Md. Jahangir Alam lodged an FIR with Lalbagh Police Station, Dhaka on 30.10.1999 against the present accused respondent Nos.1 to 3 and others all......e of the complex and misappropriated Tk.70/80 lacs. That the accused were involved in manufacturing forged certificates and deeds and were trying to grab the waqf property. One inspector of C.I.D. of Bangladesh inquired into allegations made in that F.I.R. and finding prima facie case submitted char..

Category: Procedural Law | Date: | Hits: 163

Government of Bangladesh Vs. Abdul Majid, 2012, 41 CLC (AD)

....erred in law in discharging the Rule. 13. The petitioner is permitted to prepare the paper-books out of Court in accor­dance with Rules. Ed. This Case is also Reported in: 9 ADC (2012) 258. ......n (Minor) and others............................................Respondents Order February 27, 2012. Result: Leave is granted. Lawyers Involved: Abdus Salam Mondal, Deputy Attorney General, instructed by Mr. B. Hossain, Advocate-on-Record—For the Petitioner. Ferozur Rahman, A......erred in law in discharging the Rule. 13. The petitioner is permitted to prepare the paper-books out of Court in accor­dance with Rules. Ed. This Case is also Reported in: 9 ADC (2012) 258. ......vision (Civil) Present: Surendra Kumar Sinha J Md. Abdul Wahhab Miah J Nazmun Ara Sultana J Syed Mahmud Hossain J Muhammad Imman Ali J Md. Shamsul Huda J Government of Bangladesh, repre­sented by the Deputy Commissioner, Dinajpur………………………………â€..

Category: Property Law | Date: | Hits: 93

IFIC Bank Ltd. Vs. Eknabin & Co. and others, 2010, 39 CLC (HCD)

....6 dated 18-9-2005 are set aside. In the result, the Rule is made absolute without any order as to cost. Communicate this order. Ed. This Case is also Reported in: 63 DLR (HD) (2011) 123. ......6 dated 18-9-2005 are set aside. In the result, the Rule is made absolute without any order as to cost. Communicate this order. Ed. This Case is also Reported in: 63 DLR (HD) (2011) 123. ......6 dated 18-9-2005 are set aside. In the result, the Rule is made absolute without any order as to cost. Communicate this order. Ed. This Case is also Reported in: 63 DLR (HD) (2011) 123. ......tion for staying holding of auction sale and opposite party No.1 hav­ing appointed as receiver by Bankruptcy Court, filed another application stating that Industrial Develop­ment Leasing Company of Bangladesh filed Bank­ruptcy Case in Bankruptcy Court against opposite party Nos.2 and 3 as such th..

Category: Procedural Law | Date: | Hits: 126

Abeda Chowdhury Vs. State and another, 2009, 38 CLC (HCD)

....Advocate for the petitioner is per­mitted to take back the certified copies of the annexure by replacing the photocopies of the same. Ed. This Case is also Reported in: 63 DLR (HD) (2011) 118. ...... Bhuiyan, 60 DLR (AD) 195; Ali Akkas Vs. Enayet Hossain, 17 BLD (AD) 44=2 BLC (AD) 16. Lawyers Involved: AKM Asihful Haque, Advocate - For the Petitioner. Towhida Khatoon, Assistant Attorney General - For the State. Criminal Miscellaneous Case No. 6878 of 2007. Judgment Siddiqur Ra......Advocate for the petitioner is per­mitted to take back the certified copies of the annexure by replacing the photocopies of the same. Ed. This Case is also Reported in: 63 DLR (HD) (2011) 118. ......the Court of Metropolitan Assistant Sessions Judge, 5th Court, Dhaka should not be quashed. 2. Necessary facts for the purpose of disposal of this Rule is that the complainant opposite party No.2, Bangladesh Shilpa Bank as complainant, filed a complaint petitioner before the Court of Chief Metrop..

Category: Criminal Law | Date: | Hits: 113

Rowshena Jahan Vs. State and another, 2010, 39 CLC (HCD)

....rned Court shall proceed with the case in accordance with law. Send a copy of the judgment and order to the Court below immediately. Ed. This Case is also Reported in: 63 DLR (HD) (2011) 90. ......rned Court shall proceed with the case in accordance with law. Send a copy of the judgment and order to the Court below immediately. Ed. This Case is also Reported in: 63 DLR (HD) (2011) 90. ......rned Court shall proceed with the case in accordance with law. Send a copy of the judgment and order to the Court below immediately. Ed. This Case is also Reported in: 63 DLR (HD) (2011) 90. ......ranted ad-interim bail. 3. The relevant facts for disposal of the Rules are that the petitioner Mrs. Rowshena Jahan accused No.2 is the wife of accused No.1 Md. Obaidullah, Ex-Managing Director of Bangladesh Teletalk Ltd. in the response to the notice of Anti-Corruption Corruption Commission, the..

Category: Criminal Law | Date: | Hits: 100

Buxly Paints (Bang­ladesh) Ltd. Vs. Bangladesh, 1977, 6 CLC (AD)

....d order of the High Court Division are set aside and it is declared that the Notification dated 19-2-12 is without any lawful authority. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 266....... The appeal is allowed. Lawyers Involved: Abdur Rab-II, Advocate-on-record - For the Appellant. Sultan, Hossain Khan, Deputy Attorney Ge­neral, with B.C. Roy Chowdhury, Assistant Attorney General, Instructed by B.C. Panday, Advocate-on-record - For the Respondent. Civil Appeal No.44 o......d order of the High Court Division are set aside and it is declared that the Notification dated 19-2-12 is without any lawful authority. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 266.......n (Civil) Present: AB Mahmud Hussain CJ Kemaluddin Hus­sain J Debesh Chandra Bhattacharya J Fazle Munim J Buxly Paints (Bang­ladesh) Ltd……………...Appellant Vs. Bangladesh…………………Respondent Judgment August 19, 1977. Result: The appeal ..

Category: Property Law | Date: | Hits: 79

Sukhamoya Dutta Gupta Vs. Abdul Gafur and others, 1979, 8 CLC (AD)

..... Accordingly the appeal is allowed. The order of the High Court un­der appeal is set aside and those of the Courts below are restored. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 262........ Accordingly the appeal is allowed. The order of the High Court un­der appeal is set aside and those of the Courts below are restored. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 262........ Accordingly the appeal is allowed. The order of the High Court un­der appeal is set aside and those of the Courts below are restored. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 262....... in holding that the accused had bona fide claim of right; and their entry into the disputed property in assertion of that right constituted criminal trespass within the meaning of section 441 of the Bangladesh Penal Code. 3. Facts relevant for disposal of this appeal are: The appellant lodge..

Category: Criminal Law | Date: | Hits: 94

Syed Abdul Ali Vs. Secretary, Ministry of Cabinet Affairs, Establishment Division & others, 1979, 8 CLC (AD)

....the dismissal order has been passed without any lawful authority and is of no legal effect. However, there will be no order as to costs. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 256.......Lawyers Involved: Syed Ishtiaq Ahmed, Senior Advocate, Mahmudul Islam Advocate with him instructed by Abu Backkar Advocate-on-Record - For the Appellant. Abdul Wadud Bhuiyan, Assistant Attorney-General, instructed by S. S. Hoda, Advocate-on-Record - For the Respondent. Civil Appeal No.147 o......the dismissal order has been passed without any lawful authority and is of no legal effect. However, there will be no order as to costs. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 256.......the learned Counsel appearing for the appellant convassed that at the relevant time the appellant retired from the service on 31.1.73 on completion of 55 years of age in terms of the P.O. 14 of 1972 (Bangladesh Public Servants Retirement Orders, 1972 ) and he had not been re-employed. The order of t..

Category: Employment/Service Law | Date: | Hits: 107

Nasiruddin Sarkar Vs. Member, Appellate Tribunal & others, 1979, 8 CLC (HCD)

....g that there had been miscarriage of justice and non-observance of some of the fundamental prin­ciples of Criminal Trials. 2. The appellant was arrested on 3rd December, 1975 by the Assistant Sub-Inspector of Police of Tongi Police Station where he was found in a group of 15/20 per sons dis­cus......Respondents Judgment August 23, 1979. Result: The appeal is allowed. Lawyers Involved: Aminul Haque, Advocate-on-Record - For the appellant. Md. Moksudur Rahman, Deputy Attorney General, instructed by S.S. Huda, Advocate-on-Record - For the Respondents. Civil Appeal No.136 o......had been miscarriage of justice and non-observance of some of the fundamental prin­ciples of Criminal Trials. 2. The appellant was arrested on 3rd December, 1975 by the Assistant Sub-Inspector of Police of Tongi Police Station where he was found in a group of 15/20 per sons dis­cussing somethin......gment and order of the High Court Division are set aside. The order of conviction and sentence passed against the appellant are quashed. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 310...

Category: Criminal Law | Date: | Hits: 91

Bangladesh Biman Corpo­ration Vs. Chowdhury Mohammad Yusuf and another, 1979, 8 CLC (AD)

....ority. Since we have found that termination orders were passed without lawful authority, both the appeals are dismissed with costs. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 305. ...... and without lawful authority. 3. In Writ Petition No.538 of 1978 res­pondent M.A. Rouf was the petitioner. His case was that he joined PIA in 1953 and he got several promotions and was posted as General Manager in Pay Grade No. IX in 1970. After the liberation of Bangladesh he was absorbed in t......ority. Since we have found that termination orders were passed without lawful authority, both the appeals are dismissed with costs. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 305. ......th costs. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 305. ..

Category: Employment/Service Law | Date: | Hits: 123

New India Tea Company Ltd. Vs. Bangladesh and others, 1977, 6 CLC (AD)

....al is accordingly allowed in part, the order of the High Court set aside, and the Writ Petition dismissed. We make no order as to costs. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 303....... Result: The appeal is allowed in part. Lawyers Involved: S. R. Pal, Senior Advocate, instructed by Abdur Rab, Advocate-on-Record - For the Appellant. Sultan Hossain Khan, Deputy Attorney-General, instructed by S.S. Hoda, Advocate-on-Record - For the Respondent. Civil Appeal No.114 of......al is accordingly allowed in part, the order of the High Court set aside, and the Writ Petition dismissed. We make no order as to costs. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 303....... Court Appellate Division (Civil) Present: Mahmud Hussain CJ Kemaluddin Hossain J Debesh Chandra Bhattacharya J New India Tea Company Ltd…………………Appellant Vs. Bangladesh and others……………………Respondent Judgment August 17, 1977. Result: ..

Category: Property Law | Date: | Hits: 87

Md. Hemayet Hossain and others Vs. Chairman, Rajdhani Unnayan Kartripakha (RAJUK) and others, 2010, 39 CLC (HCD)

....ules which are accordingly, discharged, without, however, any order as to cost. Let a copy of this judgment be communicated at once. Ed. This Case is also Reported in: 63 DLR (HD) (2011) 85. ......y the respondents claimed that the Waqf deed itself was a forgery and sought to pro­duce a certified copy of another deed No.30 for the year 1864. However, in due course, the learned Deputy Attorney General having produced a number of original volumes for the year 1864, which were in the keeping of......ules which are accordingly, discharged, without, however, any order as to cost. Let a copy of this judgment be communicated at once. Ed. This Case is also Reported in: 63 DLR (HD) (2011) 85. ......titioners Vs. Chairman, Rajdhani Unnayan Kartripakha (RAJUK) and others............Respondents Judgment September 8, 2010. Result: The rules are discharge. Cases Referred to- Bangladesh Sangbadpatra Parishad (BSP) Vs. Bangladesh, 43 DLR (AD) 126; Bangladesh Vs. Nawab Abdul M..

Category: Property Law | Date: | Hits: 106

Government of the People's Republic of Bangladesh Vs. Md. Khorshed Ali Talukder, 2012, 41 CLC (AD)

....the departmental proceeding against this peti­tioner afresh by appointing the enquiry officer/Board of Enquiry in accordance with the rules. Ed. This Case is also Reported in: 9 ADC (2012) 407. ...........Respondent Judgment March 1, 2012. Result: The allegations against the respondent-petitioner should be enquired into afresh. Lawyers Involved: Karunamoy Chakma, Deputy Attorney General instructed by Md. Ibrahim Khalil, Advocate-on-Record—For the Petitioners. Not represent......the departmental proceeding against this peti­tioner afresh by appointing the enquiry officer/Board of Enquiry in accordance with the rules. Ed. This Case is also Reported in: 9 ADC (2012) 407. ...... CJ Surendra Kumar Sinha J Md. Abdul Wahhab Miah J Nazmun Ara Sultana J Syed Mahmud Hossain J Muhammad Imman Ali J Md. Shamsul Huda J Government of the People's Republic of Bangladesh pre­sented by the Secretary, Ministry of Agriculture and others...........................

Category: Administrative Law | Date: | Hits: 263

Md. Hasanul Islam Hanif @ Galcuta Hanif Vs. State, 2011, 40 CLC (HCD)

....ith any other case. Let the lower Court's record with a copy of this Judgment and order be sent down to the concerned Court at once. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 196.......) 35; Abdul Haider Sikder and another Vs. The State, 43 DLR (AD) (1991) 95. Lawyers Involved: A.B.M. Waliur Rahman Khan, Advocate - For the Petitioner. Kazi M. Ejarul Haque, Deputy Attorney General with Mr. Md. Shafquat Hussain, Assistant Attorney General- For the Opposite party. Crimin......local witnesses, namely, Abdul Karim, Md. Mazharul Sikder and Md. Israfil and recovered a revolver along with one round bullet from the right side of the waist of the petitioner. After that, the D.B. Police prepared a seizure list and took signature of the witnesses on it. On interrogation, the peti......ith any other case. Let the lower Court's record with a copy of this Judgment and order be sent down to the concerned Court at once. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 196...

Category: Criminal Law | Date: | Hits: 92