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Md. Monirul Hoq Vs. Government of Bangladesh, 1988, 17 CLC (HCD)

....mad Abdur Rouf J Syed Fazle Ahmed J Md. Monirul Hoq son of Late Haji Abid Ali, Chair­man, Chandina Upazilla Parishad, Chandina, Comilla......................Petitioner Vs. Government of Bangladesh represented by the Secretary, M/O. Local Govt. & Rural Dev. of Bangladesh, Dhaka &......avour of the resolu­tion in question. Thus having regard to legal aspect of the matter I fully concur with finding of my learned brother. Ed. This Case is also Reported in: 41 DLR (1989) 108.......e order of his removal from Chairmanship of the said Parishad by the Govern­ment on 28.12.86, contained in Annexure "H" to the petition, by virtue of a resolution adopted in a Spe­cial meeting held for the purpose on 7.12.86, in pursuance of a requisition given on 1.9.88 there for by some of the m......avour of the resolu­tion in question. Thus having regard to legal aspect of the matter I fully concur with finding of my learned brother. Ed. This Case is also Reported in: 41 DLR (1989) 108...

Category: Election Law | Date: | Hits: 92

President, National Tuberculo­sis Relief & Rehabilitation Society Vs. Md. Maftabuddin Chowdhury, 1988, 17 CLC (HCD)

....hury instituted a suit being Title Suit No. 586 of 1983 for ejectment of a tenant alleging, inter alia, that the defendant, namely, Messrs National Tuberculosis Relief and Rehabilita­tion Society of Bangladesh was inducted in as a monthly tenant by the plaintiff landlord in respect of the suit prem......: 41 DLR (1989) 103.......d by the learned Munsif, 1st Court, Dhaka in Title Suit No. 586 of 1983. 2. Facts in short are that the opposite party, Md. Maftabuddin Chowdhury instituted a suit being Title Suit No. 586 of 1983 for ejectment of a tenant alleging, inter alia, that the defendant, namely, Messrs National Tubercul......titioner for him to apply for leave before the Appellate Division the order of this court is stayed for a period of 2 (two) months from date. Ed. This Case is also Reported in: 41 DLR (1989) 103...

Category: Property Law | Date: | Hits: 28

Government of Bangladesh and others Vs. Mariam Begum and others, 2009, 38 CLC (AD)

....ision (Civil) Present: MM Ruhul Amin CJ Mohammad Fazlul Karim J Md. Joynul Abedin J Md. Abdul Matin J Shah Abu Nayeem Mominur Rahman J ABM Khairul Haque J Government of Bangladesh and others…………………...Petitioners Vs. Mariam Begum and others………â......n, passed in dismissing the Civil Petition for Leave to Appeal. Since no new point has been raised this petition for review is dismissed. Ed. This Case is also Reported in: VII ADC (2010) 906.......itioners. Md. Nawab Ali, Advocate on Record-For the Respondents. Civil Review Petition No. 59 of 2009. (From the Judgment and order dated 04.02.2009 passed by this Division in Civil Petition for Leave to Appeal No.303 of 2007) Judgment ABM Khairul Haque J. - This is a petition for rev......n, passed in dismissing the Civil Petition for Leave to Appeal. Since no new point has been raised this petition for review is dismissed. Ed. This Case is also Reported in: VII ADC (2010) 906...

Category: Property Law | Date: | Hits: 33

Solaiman (Md.) and others Vs. Md. Mosharaf Hossain Khan and others, 2002, 31 CLC (HCD)

....€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦. Petitioners Vs. Md. Mosharaf Hossain Khan and others............Respondent Contemners Judgment February 3, 2002. Cases Referred To- Shahabuddin vs. Bangladesh 1992 BLD 596 = 45 DLR 360; 47 CWN 186; 1960 PLR West Pakistan) Vol 11 page 751; AIR 1992 ......heir service book. A copy of this judgment be sent to the Secretary, Ministry of Sport and Ministry of Establishment for necessary action. Ed. This Case is also Reported in: 54 DLR (2002) 531....... Contemners. Contempt Petition No. 83 of 2001. Judgment Syed Amirul Islam J.- This Rule was issued calling upon the respondent contemners to show cause as to why they should not be committed for contempt of court for non-complying with the order dated 16-7-2001 passed by this Court in Writ ......heir service book. A copy of this judgment be sent to the Secretary, Ministry of Sport and Ministry of Establishment for necessary action. Ed. This Case is also Reported in: 54 DLR (2002) 531...

Category: Civil Law | Date: | Hits: 70

State Vs. Masum and others, 2010, 39 CLC (AD)

....e High Court Division in Criminal Appeal No.3931 of 2006). Order Mohammad Fazlul Karim J. - Delay is condoned. This application under Article 103 of the Constitution of the People's Republic of Bangladesh is directed against the judgment and order dated the 7th day of October, 2009 passed by t......hall continue till disposal of the appeal. The petitioner is at liberty to mention the appeal for expeditious hearing when it is ready. Ed. This Case is also Reported in: VII ADC (2010) 883. ...... Advocate-on-Record-For the Petitioner. Akter Hamid, Advocate instructed by Md. Abu Siddique, Advocate-on-Record-For Respondent No.1. Not repre­sented- Respondent Nos.2-3. Criminal Petition for Leave to Appeal No. 31 of 2010. (From the judgment and order dated the 7th day of October, 20......hall continue till disposal of the appeal. The petitioner is at liberty to mention the appeal for expeditious hearing when it is ready. Ed. This Case is also Reported in: VII ADC (2010) 883. ..

Category: Criminal Law | Date: | Hits: 47

Md. Ruhul Amin and others Vs. Mohammad Forkan Ullah and another, 2010, 39 CLC (AD)

.... 2009 passed by the High Court Division in Civil Revision No.2159 of 1998). Order Mohammad Fazlul Karim J.- This appli­cation under Article 103 of the Constitution of the People's Republic of Bangladesh is directed against the judg­ment and order dated the 3rd day of February, 2009 passed b...... month. The preparation of paper books is dis­pensed with as prayed for. The petitioners are permitted to add the additional grounds. Ed. This Case is also Reported in: VII ADC (2010) 880.......ry 17, 2010. Lawyers Involved: Mahmudul Islam, Senior Advocate instructed by A.K.M. Shahidul Huq, Advocate-on-Record- For the Petitioners. Not represented- the Respondents. Civil Petition for Leave to Appeal No. 837 of 2009. (From the judgment and order dated the 3rd day of February, ...... month. The preparation of paper books is dis­pensed with as prayed for. The petitioners are permitted to add the additional grounds. Ed. This Case is also Reported in: VII ADC (2010) 880...

Category: Property Law | Date: | Hits: 52

Managing Director, Bakhrabad Gas Systems Limited and others Vs. Md. Nizamul Islam and others, 2010, 39 CLC (AD)

...., 2009 passed by the High Court Division in Writ Petition No.7835 of 2008). Order Mohammad Fazlul Karim J. - This appli­cation under Article 103 of the Constitution of the People's Republic of Bangladesh is directed against the judg­ment and order dated the 20th day of October, 2009 passed b......reparation of paper books is dis­pensed with as prayed for. The order of stay granted earlier is extended till disposal of the appeal. Ed. This Case is also Reported in: VII ADC (2010) 857. ......un, Advocate-on-Record-For the Petitioners. M. Faruque, Advocate instructed by Mr. Md. Nawab Ali, Advocate-on-Record-For Respondent No.1. Not represented- Respondent Nos. 2-4. Civil Petition for Leave to Appeal No. 155 of 2010. (From the judgment and order dated the 20th day of October, ......reparation of paper books is dis­pensed with as prayed for. The order of stay granted earlier is extended till disposal of the appeal. Ed. This Case is also Reported in: VII ADC (2010) 857. ..

Category: Others | Date: | Hits: 82

Idrisur Rahman (Md.) and others Vs. Secretary, Ministry of Law, Justice and Parliamentary Affairs, Government of the People's Republic of Bangladesh, 2008, 37 CLC (HCD)

.... Farhad Ahmed………………………Petitioner (In Writ Petition No. 3217 of 2003) Vs. Secretary, Ministry of Law, Justice and Parliamentary Affairs, Government of the People's Republic of Bangladesh................. Respondent Judgment July 17, 2008 Cases Referred to- Khanda......f this Court directs the respondent in that regard. It is accordingly, ordered. The short order is treated as part of this judgment. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 523. ......res and unconstitutional. 2. Originally, Rule in Writ Petition No. 1543 of 2003 was obtained by Mr. Md. Idrisur Rahman, an Advocate of the Supreme Court, in Writ Petition No. 2975 of 2003 by three former Additional Judge, who were not confirmed and in Writ Petition No. 3217 of 2003 by Mr. Farhad ......f this Court directs the respondent in that regard. It is accordingly, ordered. The short order is treated as part of this judgment. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 523. ..

Category: Constitutional Law | Date: | Hits: 252

Arshad Hossain Haider and others Vs. Suza Uddoula and others, 2010, 39 CLC (AD)

...., 2009 passed by the High Court Division in Civil Revision No.3839 of 2001) Order Mohammad Fazlul Karim J. - This appli­cation under Article 103 of the Constitution of the People's Republic of Bangladesh is directed against the judg­ment and order dated the 14th day of May, 2009 passed by th......ooks is dis­pensed with as prayed for. The order of status-quo granted earlier by this Court shall continue till disposal of the appeal. Ed. This Case is also Reported in: VII ADC (2010) 846.......l Wadud Bhuiyan, Senior Advocate with Md. Nurul Amin, Advocate instructed by Md. Nawab Ali, Advocate-on-Record-For Respondent Nos.1-3 and 6. Not represented- Respondent Nos. 4-5. Civil Petition for Leave to Appeal No. 96 of 2009. (From the judgment and order dated the 14th day of May, 2009 ......ooks is dis­pensed with as prayed for. The order of status-quo granted earlier by this Court shall continue till disposal of the appeal. Ed. This Case is also Reported in: VII ADC (2010) 846...

Category: Property Law | Date: | Hits: 32

Chief Personnel (West), Bangladesh Railway and others Vs. Muhammad Shamsur Rahman and other, 2010, 39 CLC (AD)

.... Division (Civil) Present: Mohammad Fazlul Karim CJ Shah Abu Nayeem Mominur Rahman J ABM Khairul Haque J Md. Muzammel Hossain J Surendra Kumar Sinha J Chief Personnel (West), Bangladesh Railway and others...........Petitioners (In all the cases) Vs. Muhammad Shamsur Ra......rit petitioners. With the aforesaid observations the leave petition Nos. 90-93 of 2010 are dis­posed of without any order as to costs. Ed. This Case is also Reported in: VII ADC (2010) 843. ......hman, Advocate-on-Record-For Respondent Nos.1, 3 & 6 (In Civil Petition No. 93 of 2010). Not represented-Respondent Nos. 2, 4-5 & 7-15 (In Civil Petition No. 93 of 2010). Civil Petition for Leave to Appeal Nos.90-93 of 2010. (From the judgment and order dated 23.08.2009 passed by th......rit petitioners. With the aforesaid observations the leave petition Nos. 90-93 of 2010 are dis­posed of without any order as to costs. Ed. This Case is also Reported in: VII ADC (2010) 843. ..

Category: Employment/Service Law | Date: | Hits: 86

Md. Abdul Motalib Vs. Bangladesh, 2010, 39 CLC (AD)

....n (Civil) Present: Mohammad Fazlul Karim J Md. Abdul Matin J Md. Muzammel Hossain J Surendra Kumar Sinha J Md. Abdul Motalib………………………....Petitioner Vs. Bangladesh, repre­sented by the Secretary, Ministry of Law, Justice and Parliamentary Affairs and o......he learned Advocate-on-Record for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VII ADC (2010) 841; 16 MLR (AD) 2011, 30; 64 DLR (AD) (2012) 87. ......s Involved: Nurul Islam Bhuiyan, Advocate-on-Record-For the Petitioner. Md. Nawab Ali, Advocate-on-Record-For Respondent No.3. Not represented- Respondent Nos. 1, 2 and 4. Civil Petition for Leave to Appeal No. 49 of 2010. (From the judgment and order dated the 28th day of May, 2009 ......he learned Advocate-on-Record for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VII ADC (2010) 841; 16 MLR (AD) 2011, 30; 64 DLR (AD) (2012) 87. ..

Category: Civil Law | Date: | Hits: 111

Mrs. Rafiqun Nahar & others Vs. Chairman, Court of Settlement, Segunbagicha, Dhaka & others, 2009, 38 CLC (AD)

....7. Since then Mohammad Mohib had been residing in the said two storied building and in the petition it is asserted that the said Mohammad Mohib during the war of lib­eration was very much present in Bangladesh. On 05.03.19783 Mohammad Mohib by a deed of conveyance Annexure-E and an affidavit Annexu......he above, we find no sub­stance in the submissions of the learned Counsel for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VII ADC (2010) 826. ......mad Mohib son of Bhagu Mia of 74 Gour Nitai Saha Street, Dhaka through a registered lease deed 144 sq. yard of land in mouza Barabo, Police Station Tejgaon presently Plot No.U/59 Block-D, Mohammadpur for 99 years on lease at a consideration of TK. 30,000.00 at six annas ground rent, Mohammad Mohib c......he above, we find no sub­stance in the submissions of the learned Counsel for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VII ADC (2010) 826. ..

Category: Property Law | Date: | Hits: 41

Ismail Miah Vs. Bangladesh and others, 2009, 38 CLC (AD)

....ppellate Division (Civil) Present: Mohammad Fazlul Karim J Joynul Abedin J Shah Abu Nayeem Mominur Rahman J Ismail Miah………………………………....Petitioner Vs. Bangladesh and others…………………Respondents Judgment June 21, 2009. Lawyers Invol...... the above, we find no sub­stance in the submissions of the learned Counsel for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VII ADC (2010) 811.......ed by Syed Mahbubar Rahman, Advocate-on-Record-For the Petitioner. Bivash Chandra Biswas, Advocate-on-Record-For Respondent No. 5 Not represented- Respondent Nos. 1-4 and 6-9. Civil Petition for Leave to Appeal No. 928 of 2008. (From the judgment and order dated the 11th day of February,...... the above, we find no sub­stance in the submissions of the learned Counsel for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VII ADC (2010) 811...

Category: Property Law | Date: | Hits: 25

Abul Kalam Engineer and another Vs. M Nasiruddin Howlader and others, 2002, 31 CLC (HCD)

....rged. Order of stay is recalled and vacated. Learned Joint District Judge is directed to take steps for disposal of the Suit. Communicate. Ed. This Case is also Reported in: 54 DLR (2002) 515.......rged. Order of stay is recalled and vacated. Learned Joint District Judge is directed to take steps for disposal of the Suit. Communicate. Ed. This Case is also Reported in: 54 DLR (2002) 515....... of 2001 granting temporary injunction restraining them from continuing a construction work. 2. On 29-8-2001 opposite party No.1 as plaintiff instituted the suit against the appellants and another for a decree of partition of the suit land described in schedule-I for a separate share of his purch......rged. Order of stay is recalled and vacated. Learned Joint District Judge is directed to take steps for disposal of the Suit. Communicate. Ed. This Case is also Reported in: 54 DLR (2002) 515...

Category: Property Law | Date: | Hits: 33

Bangladesh Shipping Lines Ltd. Vs. Commissioner of Customs, Chittagong and others, 2002, 31 CLC (HCD)

.... Ed. This Case is also Reported in: 55 DLR (2003) 166. ......2000 is hereby recalled and vacated. Learned Subordinate Judge is directed to proceed with the suit in accordance with law. Communicate. Ed. This Case is also Reported in: 55 DLR (2003) 166. ......t Md. Abdur Rashid J.- This Rule arises out of an order of the Third Court of Subordinate Judge at Chittagong dated 13‑8‑2000 passed in Other Suit No. 23 of 1999, which rejected an application for amendment of the plaint. 2. The plaintiff and defendant Nos. 2 and 3 are engaged in the busin......2000 is hereby recalled and vacated. Learned Subordinate Judge is directed to proceed with the suit in accordance with law. Communicate. Ed. This Case is also Reported in: 55 DLR (2003) 166. ..

Category: Procedural Law | Date: | Hits: 60

Delwar Hossain (Md.) Vs. Government of the People’s Republic of Bangladesh and others, 2001, 30 CLC (HCD)

....l Original Jurisdiction) Present: Syed J R Mudassir Husain J Syed Mahmud Hossain J Delwar Hossain (Md.)………………….Petitioner Vs. Government of the People’s Republic of Bangladesh and others...Respondents Judgment October 25, 2001. Cases Referred To- HM S...... the Rule. Accordingly, the Rule is discharged and the order of stay granted at the time of issuance of the Rule is hereby vacated. No costs. Ed. This Case is also Reported in: 54 DLR (2002) 494.......dent No. 2 to recover Taka 16,000 with interest from 19-4-1989 from the writ petitioner. 2. Facts leading to the issuance of the Rule, in brief, are; Respondent No. 2 filed Money Suit No.2 of 1989 for realisation of money, impleading respondent No. 5 as defendant. The case of respondent No. 2, in...... the Rule. Accordingly, the Rule is discharged and the order of stay granted at the time of issuance of the Rule is hereby vacated. No costs. Ed. This Case is also Reported in: 54 DLR (2002) 494...

Category: Civil Law | Date: | Hits: 76

Saidur Rahman Vs. State, 2001, 30 CLC (HCD)

....……………Appellant Vs. State…….. Respondent Judgment December 11, 2001. Cases Referred To- Tarique Rahman vs. Director General Bureau of Anti-Corruption, Government of Bangladesh and others 52 DLR 518; Mustafizur Rahman and 3 others vs. DG Anti-Corruption & others......26 of 1957) is thus set aside and the appellant be released from the bail bond. Send down the lower Court Record to the court concerned. Ed. This Case is also Reported in: 54 DLR (2002) 489. ......a in Anti-Corruption Tribunal Case No. 3 of 1994 convicting the appellant under section 4(2) of the Anti-Corruption Act (Act 26 of 1957) and sentencing him thereunder to undergo rigorous imprisonment for 3(three) years and to pay a fine of Taka 25,000 in default to suffer simple imprisonment for 9(n......26 of 1957) is thus set aside and the appellant be released from the bail bond. Send down the lower Court Record to the court concerned. Ed. This Case is also Reported in: 54 DLR (2002) 489. ..

Category: Criminal Law | Date: | Hits: 83

MA Kabir Chowdhury and others Vs. M Mahbubur Rahman Miah & others, 2002, 31 CLC (HCD)

....affidavit and death certificate false, this Division in exercise of its inherent power under section 151 of the Code of Civil Procedure set aside the order. Leave granted by the then Supreme Court of Bangladesh on the following, amongst other points, “(a) whether the order dated 31-7-70 could o......he executing Court is directed to proceed with the proceeding of Other Execution Case No. 3 of 1997 in accordance with law. Communicate. Ed. This Case is also Reported in: 54 DLR (2002) 485. ......r the Petitioners. Civil Order No. 5742 of 2001. Judgment Md. Abdur Rashid J. - This application at the instance of the decree holder is made under section 151 of the Code of Civil Procedure for recalling and/or vacating the direction given vide order dated 22-10-2001 by this Division in ab......he executing Court is directed to proceed with the proceeding of Other Execution Case No. 3 of 1997 in accordance with law. Communicate. Ed. This Case is also Reported in: 54 DLR (2002) 485. ..

Category: Civil Law | Date: | Hits: 125

Mst. Nurjahan Begum Vs. Administrator of Waqfs and others, 2010, 39 CLC (AD)

....sed by the learned Additional District Judge, Court No.2, Jessore in Miscellaneous Judicial Case No.23 of 1990 affirming the order dated 18.10.1989 passed by Mr. Reza A Rabbi, Administrator of waqfs, Bangladesh in Office Diary No.5060 dated 05.02.1989 in relation to E. C. No. 4474 deciding the case ......ain to Nurjahan Begum, the predecessor of the petitioner. Therefore we find no substance in this petition which is accordingly dismissed. This Case is also Reported in: 15 MLR (AD) (2010) 518. ......instructed by Mohammad Ali, Advocate-on-Record-For the Petitioners. Md. Nurul Islam Chowdhury, Advocate-on-Record-For Respondent No. 2. Not represented-Respondent Nos. 1 & 3-31. Civil for Leave to Appeal No. 2281 of 2009. (From the judgment and order dated 02.07.2008 passed by the......ain to Nurjahan Begum, the predecessor of the petitioner. Therefore we find no substance in this petition which is accordingly dismissed. This Case is also Reported in: 15 MLR (AD) (2010) 518. ..

Category: Trust/Waqf Law | Date: | Hits: 183

Government of the People's Republic of Bangladesh Vs. Md. Anowar Hossain, 2010, 39 CLC (AD)

....l) Present: Mohammad Fazlul Karim CJ Shah Abu Nayeem Mominur Rahman J ABM Khairul Haque J Md. Muzammei Hossain J Surendra Kumar Sinha J The Government of the People's Republic of Bangladesh, represented by the Secretary, Ministry of Home Affairs, Bangladesh Secretariat, Ramna, D...... aside and the dismissal of the writ petitioner from service is declared to have been passed by a competent authority in accordance with law. This Case is also Reported in: 15 MLR (AD) (2010) 515. ......ng the appeal respectively. The writ petitioner, a member of the Bangladesh Rifles, joined his service as a Sepoy on 15.01.1976 and in due course got promotions, lastly as Havilder. He was in service for 20 years 6 months 1 day on the day he was dismissed from service arbitrarily on 16.07.1996 by th...... aside and the dismissal of the writ petitioner from service is declared to have been passed by a competent authority in accordance with law. This Case is also Reported in: 15 MLR (AD) (2010) 515. ..

Category: Employment/Service Law | Date: | Hits: 80