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Md. Nazimuddin Vs. Government of Bangladesh and others, 2011, 40 CLC (AD)

....t the case before the Administrative Tribunal was barred by limitation. Accordingly this petition for leave to appeal is dismissed. Ed. This Case is also Reported in: 17 BLC (AD)(2012) 10. ...... Nazmun Ara Sultana J Syed Mahmud Hossain J Muhammad Imman Ali J Mohammad Mamtaz Uddin Ahmed J Md. Nazimuddin……………………………………………………….Petitioner Vs. Government of Bangladesh and others…………………..Respondents Judgment August 2......t the case before the Administrative Tribunal was barred by limitation. Accordingly this petition for leave to appeal is dismissed. Ed. This Case is also Reported in: 17 BLC (AD)(2012) 10. ......¦..Respondents Judgment August 25, 2011. Cases Referred to- Canada Sugar Refining Co V.R (1898) AC 735; Sultana Begum Vs. Prim Chand, AIR 1997 SC 1006. Lawyers Involved: Syed Amirul Islam, Senior Advocate, instructed by Syed Mahbubur Rahman, Advocate-on-Record- For the Petitioner. ..

Category: Administrative Law | Date: | Hits: 196

Jiban Bima Corporation and another Vs. A.K.M. Harun-Or-Rashid and others, 2011, 40 CLC (AD)

.... Corporation and another……………………..Appellants Vs. A.K.M. Harun-Or-Rashid and others……………………..Respondents Judgment November 15, 2011. Case Referred to- State of Bihar and others Vs. Pandey Jagdishwar Prasad (2009) 3 Supreme Court Cases 117. Lawyers ......zmun Ara Sultana J Syed Mahmud Hossain J Muhammad Imman Ali J Md. Momtazuddin Ahmed J Md. Shamsul Huda J Jiban Bima Corporation and another……………………..Appellants Vs. A.K.M. Harun-Or-Rashid and others……………………..Respondents Judgment Novembe...... appeal which is accordingly allowed, without however, any order as to costs. The impugned judgment and order of the High Court Division is hereby set aside. Ed. This Case is also Reported in: ...... appeal which is accordingly allowed, without however, any order as to costs. The impugned judgment and order of the High Court Division is hereby set aside. Ed. This Case is also Reported in: ..

Category: Employment/Service Law | Date: | Hits: 58

Yunus Mia (Md.) and others Vs. Secretary, Ministry of Public Works & Urban Development, Government of Bangladesh and others, 1991, 20 CLC (HCD)

....ion under Article 102 of the Constitution. In view of our aforesaid discussion, we discharge the Rule without any order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 498.......ourt High Court Division (Special Original Jurisdiction) Present: AM Mahmudur Rahman J Mahmudul Amin Choudhury J Yunus Mia (Md.) and others..........................Petitioners Vs. The Secretary, Ministry of Public Works & Urban Development, Government of Bangladesh and......ion under Article 102 of the Constitution. In view of our aforesaid discussion, we discharge the Rule without any order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 498.......he Secretary, Ministry of Public Works & Urban Development, Government of Bangladesh and others.........................Respondents Judgment April 28, 1991. Lawyers Involved: Khademul Islam Chowdhury, Advocate ‑ For the Petitioners Hasan Arif, Deputy Attorney‑General with Delw..

Category: Property Law | Date: | Hits: 79

Nurul Islam Vs. Morshedul Alam and Others, 2011, 40 CLC (AD)

.... a person who is not a party to the suit in which it was passed and as such, the said judgment cannot be the basis of the judgment in the subsequent suit against such person. 18. In the case of State of Bihar and others Vs. Sri Radha Krishna Singh and others, AIR (1983) SC, 684, it was held as......hhab Miah J Syed Mahmud Hossain J Muhammad Imman Ali J Mohammad Mamtaz Uddin Ahmed J Md. Shamsul Huda J Nurul Islam Chowdhury…………………………………….Appellant Vs. Morshedul Alam and Others………………………………Respondents Judgment July......ce with the impugned judgment and decree. Accordingly, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 64 DLR (AD)(2012) 3, 32 BLD (AD) (2012) 25. ......ivision (Civil) Present: Surendra Kumar Sinha J Md. Abdul Wahhab Miah J Syed Mahmud Hossain J Muhammad Imman Ali J Mohammad Mamtaz Uddin Ahmed J Md. Shamsul Huda J Nurul Islam Chowdhury…………………………………….Appellant Vs. Morshedul Alam and O..

Category: Property Law | Date: | Hits: 116

Ms. Ok-Kyung Oh, Dhaka Vs. Tea Hung Packaging (Bd) Ltd. and Others, 2011, 40 CLC (AD)

....d judgment and order. In the result, the appeal is dismissed. There is no order as to cost. Ed. This Case is also Reported in: 17 BLC (AD)(2012) 1, 32 BLD (AD) (2012) 16; 9 ADC (2012) 472. ......nh J Md. Abdul Wahhab Miah J Muhammad Imman Ali J Muhammad Mamtaz Uddin Ahmed Md. Shamsul Huda J Ms. Ok-Kyung Oh, Dhaka…………………………………….......Appellant Vs. Tea Hung Packaging (Bd) Ltd. and Others…………………. Respondents Judgment July......d judgment and order. In the result, the appeal is dismissed. There is no order as to cost. Ed. This Case is also Reported in: 17 BLC (AD)(2012) 1, 32 BLD (AD) (2012) 16; 9 ADC (2012) 472. ......and Others…………………. Respondents Judgment July 20, 2011. Result: The appeal is dismissed. Lawyers Involved: Ms. Ok-Kyung Oh, in person-For the Appellant. M. Amir-ul Islam, Senior Advocate with Ms. Tania Amir, Advocate instructed by Mrs. Mahmuda Begum, Advocate-on-R..

Category: Company Law | Date: | Hits: 235

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

.... 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. ......ivil) Present: Mohammad Fazlul Karim CJ Md. Abdul Matin J ABM Khairul Haque J Surendra Kumar Sinha J Principal, Fulbaria College, Mymensingh………………………..Appellant Vs. Md. Helaluddin and Others……………………………………………… Respondent ...... 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. ......, 2010. Cases Referred to- Riggs Vs. Palmer (1889) 115 NY 506, 22 NE 188; Davitt Vs. Titcumb (1989) 3 AUER 417. Lawyers Involved: A.J. Mohammad Ali, Senior Advocate, instructed by Zahirul Islam, Advocate-on-Record-For the Appellant. Firoz Shah, Advocate-on-Record-For the Appellant (a..

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

Barrister Nazmul Huda and another Vs. State and another, 2011, 40 CLC (HCD)

....Criminal Jurisdiction) Present: Siddiqur Rahman Miah J Md. Ataur Rahman Khan J Barrister Nazmul Huda and another……………………………………Convict-Appellants Vs. The State and another………………………………………………………………Respondents......vision (Criminal Jurisdiction) Present: Siddiqur Rahman Miah J Md. Ataur Rahman Khan J Barrister Nazmul Huda and another……………………………………Convict-Appellants Vs. The State and another……………………………………………………………â€......n the L.C. records along with a copy of this Judgment and order to the Court concerned immediately for information and necessary action. Ed.This Case is also Reported in: 16 MLR (HCD) (2011) 381. ......t No.2, Sigma Huda under Sections 161/109 of the Penal Code and sentencing her thereun­der to suffer simple imprisonment for 3(three) years. 2. The prosecution case in brief is that, one Shafiqul Islam, Deputy Director of Anti-Corruption Commission, lodged an first Information Report with Dhanmo..

Category: Criminal Law | Date: | Hits: 101

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

....2; 11 DLR (SC) 113; 13 DLR (SC) 233; 16 DLR (SC) 417, 375, 566, 722; Ridge vs. Baldwin, 1964 (AC) 40; AIR 1965 Patna 371; Whicker Vs. Hume, 28 LJ Chancery; 1911 KB 516, 527; Bishal Deo Tewari Vs. The State, 27 DLR 622; Mirza Shahab Ispahani Vs. Government of Bangladesh, 40 DLR 87; 40 DLR (AD) 116; C......Court High Court Division (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, 199....... 153. I, therefore, having agreed with the Judgment delivered by BI Chowdhury, J make the Rule absolute. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 423. ...... ..

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

Safar Ali Miah & others Vs. Badsha @ Siddique & others, 1993, 22 CLC (HCD)

....borti and others, 16 DLR 61; Ajiran Nessa Bewa and others Vs. Md. Abdul Mannan, 1992 BLD High Court Division 323; Kad Banu and others Vs. Hajera Khatun and others, 36 DLR (AD) 183 = BCR 1985 (AD) 73; State of Bihar Vs. Rani Sonabati Kumari, 1964 AIR (SC) 61; 1960 PLD (Dhaka) 1022; 1964 PLD (Dhaka) 6......Court High Court Division (Civil Revisional Jurisdiction) Present: Mohammad Ismailuddin Sarker J Kazi Ebadul Hoque J Safar Ali Miah & others…………………Petitioners Vs. Badsha @ Siddique & others………………..Opposite Party Judgment July 5, 1993.......ned is directed to proceed with the execution case. In the facts and circumstances of the case there will be no order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 483. ......ned is directed to proceed with the execution case. In the facts and circumstances of the case there will be no order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 483. ..

Category: Civil Law | Date: | Hits: 100

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

.... High Court Division (Criminal Miscellaneous Jurisdiction) Present: Moyeenul Islam Chowdhury J AKM Abdul Hakim J Maulana Motiur Rahman Nizami..................Petitioner Vs. State………………….....................................Opposite-Party Judgment Decemb...... Court High Court Division (Criminal Miscellaneous Jurisdiction) Present: Moyeenul Islam Chowdhury J AKM Abdul Hakim J Maulana Motiur Rahman Nizami..................Petitioner Vs. State………………….....................................Opposite-Party Judgment ......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. ......ent and as such it is rejected in limine. This Case is also Reported in: 16 BLC (2011) 808. ..

Category: Criminal Law | Date: | Hits: 103

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

....t 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 deviations made by the government on four occasions in the recen......e Court High Court Division (Special Original Jurisdiction) Present: Md. Imman Ail J Obaidul Hassan J Hassan MS Azim and three others...............................Petitioners Vs. Bangladesh………………………….......................................Respondents ......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. ......n of India with SP Gupta Vs. Union of India, AIR 1994 Supreme Court 268 and the cases of Malik Asad Ali and others Vs. Federation of Pakistan through Secretary Law, Justice and Parliamentary Affairs, Islamabad and others, PLD 1998 Supreme Court 161 and in the case of Al-Jehad Trust through Raeesul M..

Category: Constitutional Law | Date: | Hits: 228

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

....pera­tive ownership, however, is not state ownership nor is it a public enterprise. Article 13 of our Constitution recognizes co-operative ownership as a form of ownership separate and distinct from State ownership and private ownership. When land is acquired by the Government for a Co-operative So......urt 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 ...... 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. ......udgment January 28, 2007. Cases Referred To- Sankar Gopal Vs. Additional Commissioner 41 DLR 326; Md. Ismail Vs. Government of Bangladesh 34 DLR (1982) 4. Lawyers Involved: Md. Nazrul Islam with AHM Kamruzzaman, Advocates—For the Petitioners. M Shamsul Hoque, Assistant Attorney-..

Category: Property Law | Date: | Hits: 104

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

....evision No. 5380 of 1991 and writ petition No.4997 of 2008, the petitioners are under obligation to mutate the disputed property in favour of the writ-petitioners under sections 143 and 143(c) of the State Acquisition and Tenancy Act. Against the said judgment and order, the writ-respondent Nos.1-4 ......Ahmed J Md. Shamsul Huda J Government of Bangladesh, represented by the Secretary, Ministry of Land, Dhaka and others.............................................................Petitioners Vs. M Anwar Hossain and others………………………………Respondents Judgment Aug......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. ......n Civil Petition No No. 2686 of 2010). Abdul Wadud Bhuiyan, Senior Advocate, instructed by Giasuddin Ahmed, Advocate-on-Record—For the Petitioners (In Civil Petition No.869 of 2011). Mahmudul Islam, Senior Advocate, instructed by Md. Aftab Hossain, Advocate-on-Record—For Respon­dent No.1 ..

Category: Property Law | Date: | Hits: 68

Golam Mustafa Vs. Commissioner of Customs and others, 2011, 40 CLC (HCD)

....the Appellate Division which is binding on us we are of the view that this applica­tion merits no substance which is summarily reject­ed. Ed. This Case is also Reported in: 63 DLR (2011) 679. ......e Court High Court Division (Special Original Jurisdiction) Present: Ashfaqul Islam J M Moazzam Husain J Golam Mustafa...............................................Petitioner Vs. Commissioner of Customs and others................Respondent Judgment July 13, 2011. ......the Appellate Division which is binding on us we are of the view that this applica­tion merits no substance which is summarily reject­ed. Ed. This Case is also Reported in: 63 DLR (2011) 679. ......ubstance which is summarily reject­ed. Ed. This Case is also Reported in: 63 DLR (2011) 679. ..

Category: Business or Commercial Law | Date: | Hits: 200

Iftekhar Uddin Ahmed Vs. Artha Rin Adalat and another, 2011, 40 CLC (HCD)

.... to be without lawful authority and is of no legal effect. No order as to costs. Communicate the Judgment to respondent No.1 at once. Ed. This Case is also Reported in: 63 DLR (2011) 674. ......gh Court Division (Special Original Jurisdiction) Present: Zinat Ara J Md. Moinul Islam Chowdhury J Iftekhar Uddin Ahmed…………………………………………Petitioner Vs. Artha Rin Adalat and another ........................Respondents Judgment June 20, 2011...... to be without lawful authority and is of no legal effect. No order as to costs. Communicate the Judgment to respondent No.1 at once. Ed. This Case is also Reported in: 63 DLR (2011) 674. ......spondent No.1 at once. Ed. This Case is also Reported in: 63 DLR (2011) 674. ..

Category: Civil Law | Date: | Hits: 83

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

....HCD) (1993) 489.......5 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.......beheaded body floating at Dayur Tank. On the basis of the said information, Bandar PS GD Entry No.160, dated 6.11.87 was recorded. After the recording of the said GD Entry, P.W.11 SI Khondker Zahidul Islam went to Dayur Tank at 11‑15 AM, recovered the beheaded dead body from the said tank, made in..

Category: Criminal Law | Date: | Hits: 91

State Vs. Sabu and others, 2009, 38 CLC (AD)

....s also Reported in: VIII ADC (2011) 445.......al) Present: M M Ruhul Amin CJ Mohammad Fazlul Karim J Md. Abdul Matin J ABM Khairul Haque J State…………………………………………………………. Petitioner Vs. Sabu and others ..................................Respondents Judgment October 6, 2009....... 9. Under the circumstances, we find no merit in the submissions made on behalf of the petitioner. Accordingly, this petition is dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 445....... 9. Under the circumstances, we find no merit in the submissions made on behalf of the petitioner. Accordingly, this petition is dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 445...

Category: Criminal Law | Date: | Hits: 71

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

.... This Case is also Reported in: VIII ADC (2011) 443.......vision (Criminal) Present: ABM Khairul Haque CJ Md. Muzammel Hossain J Surendra Kumar Sinha J The State……………………………………………….........Petitioner Vs. Golam Sabbir Shown………………………………......Respondent Judgment January......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...

Category: Criminal Law | Date: | Hits: 98

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

.............Petitioner Vs. BCIC and another...... .........................................Respondents Judgment January 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 P...... 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. ......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. ..

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

State Vs. Jabbar, 2010, 39 CLC (AD)

....his Case is also Reported in: VIII ADC (2011) 441. ......ourt Appellate Division (Criminal) Present: ABM Khairul Haque CJ Md. Muzammel Hossain J Surendra Kumar Sinha J The State ..........................................Petitioner Vs. Jabbar………………………………………………………… Respondent Judgme......htly found the accused respondent not guilty of the charge. We find no merit in this petition. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 441. ......htly found the accused respondent not guilty of the charge. We find no merit in this petition. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 441. ..

Category: Criminal Law | Date: | Hits: 53