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Ayub Ali Khan Vs. Md. Abdur Raqib and others, 2009, 38 CLC (HCD)

....ion) is disposed of. Office is directed to communicate the order at once with a copy of judgment for information and necessary action. Ed. This Case is also Reported in: 15 BLC (HCD) (2010) 46. ......ading to this Rule are that on 22-3-2004 petitioner as plaintiff instituted Other Class Suit No. 61 of 2004 in the Court of Assistant Judge, Rajshahi, Sadar, impleading opposite parties as defendants for declaration that resignation of his Nikah Registrar office dated 12-11-2003 submitted to Distric......ion) is disposed of. Office is directed to communicate the order at once with a copy of judgment for information and necessary action. Ed. This Case is also Reported in: 15 BLC (HCD) (2010) 46. ...... Present: SM Ziaul Karim J Ayub Ali Khan............Petitioner Vs. Md. Abdur Raqib and others.......Opposite Parties Judgment June 22, 2009. Result: The Rule is discharged. Lawyers Involved: Md. Nurul Amin, Advocate - For the Petitioner. Md. Jamil Akhter Elahi, Advoc..

Category: Civil Law | Date: | Hits: 92

Sultana Jute Mills Ltd. and another Vs. Bangladesh Bank and others, 2007, 36 CLC (HCD)

.... is discharged without any order as to cost. The order of stay granted at the time of issuance of Rule on 3-12-2000 is hereby vacated. Ed. This Case is also Reported in: 15 BLC (HCD) (2010) 34. ......pany engaged in jute mills business and petitioner No. 2 is its Managing Director. Petitioner No. 1 has been enjoying various loan, overdraft and banking facilities from its banker, respondent No. 3, for the purpose of its business; that the respondent No.1 has been enjoying various loan, overdraft ...... is discharged without any order as to cost. The order of stay granted at the time of issuance of Rule on 3-12-2000 is hereby vacated. Ed. This Case is also Reported in: 15 BLC (HCD) (2010) 34. ......Ltd. and another....................Petitioners Vs. Bangladesh Bank and others……………………………Respondents Judgment April 5, 2007. Result: The Rule is discharged. Lawyers Involved: Akhter Imam with Sheikh Hasan Arif, Advocates - For the Petitioners. Md. Asa..

Category: Civil Law | Date: | Hits: 121

Baby Masum & another Vs. Bangladesh Film Development Corporation, 2009, 38 CLC (HCD)

.... Magistrate, Dhaka is hereby quashed. Send a copy of this judgment to the learned Chief Metropolitan Magistrate, Dhaka immediately. Ed. This Case is also Reported in: 15 BLC (HCD) (2010) 29. ......osite party No. 1 being the Bangladesh Film Development Corporation (BFDC) represented by its Law Officer Md. Ruhul Amin. 2. We have heard Mr. Md. Khurshid Alam Khan the learned Advocate appearing for the accused-petitioners and Mr. Md. Mamunor Rashid, the learned Assistant Attorney General appea...... Magistrate, Dhaka is hereby quashed. Send a copy of this judgment to the learned Chief Metropolitan Magistrate, Dhaka immediately. Ed. This Case is also Reported in: 15 BLC (HCD) (2010) 29. ......erred to- Sultan Ara Begum Vs. Secretary, 38 DLR 105, Dewan Obaidur Rahman Vs. State, 1999 BLD (AD) 128 = 4 BLC (AD) 167, Shaikh Obaidul Huq Vs. State, 38 DLR 105, AIR 1956, Madhya Pradesh, 19. Lawyers Involved: Md. Khurshid Alam Khan with Mohammad Mujibur Rahman, Adaocates - For the Petiti..

Category: Criminal Law | Date: | Hits: 95

Saudi Bangladesh Services Company Ltd. Vs. Saudi Arabian Airlines Corporation, represented by its Country Manager, 2009, 38 CLC (HCD)

....e. Accordingly, the Award dated 8-4-2006 is hereby set aside. There will be no order as to costs. Ed. This Case is also Reported in: 15 BLC (HCD) (2010) 20; 14 MLR (HCD) (2009) 441.  ......ocates - For the Respondent. Arbitration Case No. 2 of 2006. Judgment Zubayer Rahman Chowdhury J. - This is an application under section 42 read with section 43 of the Arbitration Act, 2001 for setting aside the Award dated 8-4-2006 passed by the Arbitral Tribunal in an arbitration proceed......e. Accordingly, the Award dated 8-4-2006 is hereby set aside. There will be no order as to costs. Ed. This Case is also Reported in: 15 BLC (HCD) (2010) 20; 14 MLR (HCD) (2009) 441.  ......s hereby set aside. Cases Referred to- Sheik Abdulla Vs. MVRS Firm and Sons, 1924 Rangoon 153; Abu Hamid Zahira Ali Vs. Golam Sarwar, 22 CWN (1917-18), 301; European Grain Vs. Johnston, Lloyd's Law Reports (1982) Vol 2, 551; Dewan Singh Vs. Champat Singh, AIR 1970 SC 967; SL Kapoor Vs. Jagmoha..

Category: Alternative Dispute Resolution | Date: | Hits: 385

State Vs. Anwar Hossain and others, 2008, 37 CLC (HCD)

.... sentenced to imprisonment for life. The jail appeals are accordingly, disposed of. Send down the lower Court's records at once. Ed. This Case is also Reported in: 15 BLC (HCD) (2010) 1. ......d 153 of 2005. Judgment AKM Fazlur Rahman J. - This reference under section 374 of the Code of Criminal Procedure has been submitted by the learned Judge of Druta Bichar Tribunal No. 3, Dhaka for confirmation of sentence of death awarded by him to condemned prisoners, (1) Md. Anwar Hossain ...... sentenced to imprisonment for life. The jail appeals are accordingly, disposed of. Send down the lower Court's records at once. Ed. This Case is also Reported in: 15 BLC (HCD) (2010) 1. ......8 BLD 100 = 40 DLR 443; Md. Jamaluddin Vs. State, 1994 BLD 33; State Vs. Babul Hossain, 52 DLR 400; Sanwar Hossain Vs. State, 45 DLR 489; Syed Nazakat Hossain alias Ujjal Vs. State, 48 DLR 139. Lawyers Involved: Md. Shafiqul Alam, Assistant Attorney General - For the State Appellant. Abd..

Category: Criminal Law | Date: | Hits: 67

Aroj Ali Sarder Vs. State, 1989, 18 CLC (HCD)

.... accused acquitted. The fine already paid by the accused petitioners need be re­funded to them. Send down the L.C. records at once. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 306.......tion of the witnesses found that the prosecu­tion had been able to prove the charge as leveled against the accused beyond all reasonable doubts and having found so, convicted and sentenced them, as aforesaid. 4. On appeal the learned Sessions Judge, Ma­daripur upheld the said judgment and order...... accused acquitted. The fine already paid by the accused petitioners need be re­funded to them. Send down the L.C. records at once. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 306........ Manindra Nath and another, AIR 1950 Calcutta 330; Maijuddin Laskar Vs. Moulana Nurun Nabi, 16 DLR (Dhaka) 528; 10 DLR Dhaka 152; 16 DLR Dhaka, 528; Hussain Bakshah Vs. The State, 15 DLR (WP) 33. Lawyers Involved: Shahid Ahmed - For Petitioner. Md. Matiur Rahman - For the State. Crimin..

Category: Criminal Law | Date: | Hits: 76

Nur Mohammed alias Bog Master Vs. State, 1988, 17 CLC (HCD)

....tion and sentence passed against the accused-petitioner is set aside. Let the accused-petitioner be discharged from his bail-bond. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 301. ......pheld by the appellate Court. 2. The prosecution case, in brief, was that on 5.5.82. P.W.1 Md. Yunnus Ali went to the house of the accused petitioner in the afternoon to fetch Homeopathic medicine for his mother. At that time the accused-petitioner took him to the western room, shut the doors and......tion and sentence passed against the accused-petitioner is set aside. Let the accused-petitioner be discharged from his bail-bond. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 301. ......d to- Mazulla Vs. The State, PLD 1961 (Pesh) 7; Mrs. C.M. Samsul Vs. Mr. C.M. Samsul and the State, 19 DLR (HC) 428; Mirro Vs. Emperor, AIR 1947 All 97; Emperor Vs. Sami Des, AIR 1926 Lah 375. Lawyers Involved: Akram Hossain Amin with Sajjad Ali Chowdhury - For Petitioner. Sultan Ahmed,..

Category: Criminal Law | Date: | Hits: 92

Chairman, Bangladesh Forest Industries Development Corporation (BFIDC) and another Vs. Md. Hatem Ali and others, 2011, 40 CLC (AD)

....y ground to interfere with the decision of the High Court Division. Accordingly, the appeal is dismissed. There is no order as to costs. Ed. This Case is also Reported in: 9 ADC (2012) 169. ......nverted into figure ‘7’. In view of the anomaly in the service book the petitioner thought it necessary to obtain a duplicate Secondary School Examination Certificate. He took all necessary steps for the purpose. Eventually the petitioner succeeded in obtaining a duplicate certificate of the res......y ground to interfere with the decision of the High Court Division. Accordingly, the appeal is dismissed. There is no order as to costs. Ed. This Case is also Reported in: 9 ADC (2012) 169. ......¦â€¦..Respondents Judgment June 7, 2011. Result: The appeal is dismissed. Case Referred to- Aluminium Corporation of India Ltd. Vs. Union of India and others, AIR 1975 (SC) 2279. Lawyers Involved: Chowdhury Sanwar Ali, Advocate, instructed by Md. Aftab Hossain, Advocate-on-Re..

Category: Employment/Service Law | Date: | Hits: 739

Engineer A. B. Siddique Vs. Kazi Akramuddin and others, 2011, 40 CLC (AD)

....paration of paper book is dispensed with as prayed for. The order of status quo granted earlier be extended till disposal of the appeal. Ed. This Case is also Reported in: 9 ADC (2012) 279......., Senior Advocate (with Rokanuddin Mahmud, Senior Advocate), instructed by Chowdhury Md. Zahangir, Advocate-on-Record- For Respondent No. 1. Not represented- Respondent Nos. 2-7. Civil Petition for Leave to Appeal No. 1193 of 2011. (From the judgment and order dated 03.10.2010 passed by the......paration of paper book is dispensed with as prayed for. The order of status quo granted earlier be extended till disposal of the appeal. Ed. This Case is also Reported in: 9 ADC (2012) 279.......ranted. Cases Referred to- Shahjadi Begum and others Vs. Mirza Gias Uddin, 21 BLD (AD) 59; Chairman of Civil Aviation Authority of Bangladesh Vs. Kazi Abdur Rouf and others, 46 DLR (AD) 145. Lawyers Involved: T. H. Khan, Senior Advocate (with Md. Faisal Hossain Khan, Advocate), instructe..

Category: Property Law | Date: | Hits: 79

Government of the People’s Republic of Bangladesh and another Vs. Md. Shahjahan and others, 2012, 41 CLC (AD)

....found that the facts are quite distinguishable from the facts of those cases. This appeal is disposed of with the above observations. Ed. This Case is also Reported in:  18 MLR (AD) (2013) 1. ......625 of 2009.) Judgment Surendra Kumar Sinha J.- Leave was granted to consider the question whether the High Court Division was justified in giving full relief to the writ petitioners without affording the appellants an opportunity of being heard and secondly, whether the unreported decision o......found that the facts are quite distinguishable from the facts of those cases. This appeal is disposed of with the above observations. Ed. This Case is also Reported in:  18 MLR (AD) (2013) 1. ......and another.........Appellants Vs. Md. Shahjahan and others………………………………………….Respondents Judgment March 2, 2012. Result: The appeal is disposed of. Lawyers Involved: Mahbubey Alam, Attorney General (with Murad Reza, Additional Attorney General),..

Category: Others | Date: | Hits: 138

Mampower Ltd. Vs. Artha Rin Adalat No.2, Dhaka and another, 2011, 40 CLC (AD)

....tions made by the High Court Division could not be sustained and accordingly they are expunged. The petition is disposed of with the above observations. Ed. This Case is also Reported in: ...... by Mvi. Md. Wahidullah, Advocate-on-Record- For the Petitioner. Yusuf Hossain Humayun, Senior Advocate, instructed by Mrs. Sufia Khatun, Advocate-on-Record- For the Respondents. Civil Petition for Leave to Appeal No.682 of 2011. (From the judgment and order dated 17.1.2011 passed by the H......tions made by the High Court Division could not be sustained and accordingly they are expunged. The petition is disposed of with the above observations. Ed. This Case is also Reported in: ......…………………………..Petitioner Vs. Artha Rin Adalat No.2, Dhaka and another…………….Respondents Judgment December 15, 2011. Result The petition is disposed of. Lawyers Involved: Abdul Baset Majumder, Senior Advocate, instructed by Mvi. Md. Wahidullah, Advoc..

Category: Procedural Law | Date: | Hits: 112

Chief Engineer, the Local Government and Engineering Department Vs. Sanjoy Kumar Halder and others, 2011, 40 CLC (AD)

....g been made on proper appreciation of laws and facts do not call for interference. Accordingly, all the leave-petitions are dismissed. Ed. This Case is also Reported in: 9 ADC (2012) 174. ......ented-Respondent Nos.4, 5,9,17, 33-34, 47, 93-94, 98-100, 111,117-120 (In Civil Petition No.1084 of 2011) Not represented-Respondent Nos.13-18 (In Civil Petition No.1085 of 2011) Civil Petition for Leave to Appeal No.767 of 2011. (From the judgment and order dated 18.08.2010 passed by the H......g been made on proper appreciation of laws and facts do not call for interference. Accordingly, all the leave-petitions are dismissed. Ed. This Case is also Reported in: 9 ADC (2012) 174. ......No.1085 of 2011) Md. Shahjahan Alamgir and others.............Respondents (In Civil Petition No.1091 of 2011) Judgment July 14, 2011. Result: All the leave-petitions are dismissed. Lawyers Involved: M. K. Rahman, Senior Advocate with Khurshed Alam Sarker Advocate) instructed by..

Category: Others | Date: | Hits: 172

Ali Hossain Fakir (Md.) and 5 others Vs. Government of the People’s Republic of Bangladesh through the Secretary, Ministry of Home Affairs, Bangladesh Secretariat, Dhaka and others, 1997, 26 CLC (HCD)

....olation of the principle of natural justice before the Administrative Tribunal. The applications therefore are summarily rejected. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 231. ......tra vires of the Constitution of the People’s Republic of Bangladesh. 2. With regard to the Notification, it is said that the provision 1(Gha) provides that the petitioners would be on probation for 2(two) years and that they might be removed during that period without assigning reason. This is......olation of the principle of natural justice before the Administrative Tribunal. The applications therefore are summarily rejected. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 231. ......¦Respondents (In all the Writ Petitions) Judgment July 7, 1997. Result: The applications are summarily rejected. Case Referred To- Mujibur Rahman Vs. Bangladesh, 44 DLR (AD) 111. Lawyers Involved: Khondaker Mahbubuddin Ahmed with Ruhul Quddus, Mahbubey Alan, Md. Abdus Sobhan,..

Category: Employment/Service Law | Date: | Hits: 91

Khairul Bashar (Md.) and 8 others Vs. Collector of Customs and others, 1997, 26 CLC (HCD)

....ty to encash the bank guarantee in full in respect of the discharged Rules and in part in respect of the Rules made absolute in part. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 225. ......nt to the date of opening of Letters of Credit are under challenge. Common question of law having been involved in all these Rules these are being disposed of by this judgment. 2. Learned Advocate for the petitioner of the respective Rule after placing the petitions and other materials on record ......ty to encash the bank guarantee in full in respect of the discharged Rules and in part in respect of the Rules made absolute in part. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 225. ......tor of Customs Vs. Ahmed Hossain and others, 48 DLR (AD) 199; Abdul Hannan’s case, 42 DIR (AD) 167; Mostafa Kamal Vs. Commissioner of Customs and others, Writ Petition Nos.4336 and 4337 of 1996. Lawyers Involved: AF Hasan Ariff with Fakhrul Islam and Ziauddin Ahmed Mamun, Advocates - For the..

Category: Fiscal/Taxation Law | Date: | Hits: 134

Sentu Vs. Government of Bangladesh and others, 1997, 26 CLC (HCD)

....ful authority and is of no legal effect. The petitioner be set at liberty forthwith if not wanted in connection with any other case. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 220.......1334 of 1989 (Gulshan PS Case No.99(5) of 1989 convicting the petitioner and 2 other co‑accuseds under section 3 of the Explosive Substances Act, 1908 and sentencing to suffer rigorous imprisonment for 10 years and to pay fine of Tk. 1000.00 in default to suffer rigorous imprisonment for one month......ful authority and is of no legal effect. The petitioner be set at liberty forthwith if not wanted in connection with any other case. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 220.......er 27, 1997. Result: The Rule is made absolute Cases Referred To- Neser Ahmed Vs. Bangladesh, 49 DLR (AD) 111; State Vs. Imdad Ali Bepari, 36 DLR 333; State Vs. Hadis Gani, 45 DLR 400. Lawyers Involved: MA Wahab Miah with B Chakraborty aandd Reba Kaniz, Advocates ‑ For the Petiti..

Category: Criminal Law | Date: | Hits: 63

Dr. Professor MA Hadi Vs. Bangladesh and others, 1997, 26 CLC (HCD)

....e the writ petition is discharged on the ground of maintainability we do not think it is necessary to go into the merits of the case. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 218. ......ed physician and served in many capacities including as an Urologist in Dhaka Medical College with additional duty of the Principal of the same College. He was elected Dean of the Faculty of Medicine for two Sessions 1995-96 and 1996-97 on 30-9-95 under Article 27(5) of the Dhaka University Order, 1......e the writ petition is discharged on the ground of maintainability we do not think it is necessary to go into the merits of the case. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 218. ......h and others…………………Respondents Judgment June 10, 1997. Result: The Rule is discharged. Case Referred to- Controller of Examinations Vs. Mohiuddin, 44 DLR (AD) 305. Lawyers Involved: Md. Latifur Rahman, Advocate - For the Petitioner. Abdul Halim Chaklader, Ad..

Category: Employment/Service Law | Date: | Hits: 120

Raquibuddin Ahmed Vs. SAM Iqbal and another, 1997, 26 CLC (HCD)

....the Chief Metropolitan Magistrate, Dhaka, and the Officer-in-Charge, Ramna Police Station, Dhaka, for information and necessary action. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 209.......vil Rule No.130 (R) of 1994 (Contempt). Judgment Md. Mozammel Hoque J.- As per order of this Court dated 29-7-97 the contemner-opposite party No.1 is present in Court in person. 2. This Rule for Contempt of Court was issued calling upon the opposite party Nos. 1 and 2 to show cause as to wh......etitioner was serving as Secretary of the Bangladesh Shipping Corporation (BSC). There were some allegations against him. Those allegations were inquired into by the several authorities including the Martial Law Authority. The petitioner was placed under suspension during investigation. After invest......Raquibuddin Ahmed.......................Petitioner Vs. SAM Iqbal and another...........................Opposite Party Judgment August 6, 1997. Result: The Rule is made absolute. Lawyers Involved: Mainul Hosein with Rokanuddin Mahmud, Mubina Asf Rahman and Humayun Kabir Bulbu..

Category: Others | Date: | Hits: 142

Kafiluddin (Md.) Vs. Sukkur Ali Mia, 1996, 25 CLC (HCD)

.... do not find any ground to interfere with the impugned order. In the result, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 208. ......Azizul Hoque, Advocate - For the Petitioner. Not Represented - For the Opposite Party. Civil Revision No. 430 of 1992. Judgment AM Mahmudur Rahman J.- In this Rule simple question calls for determination as to why the impugned order dated 7-1-92 passed by the learned Senior Assistant J...... do not find any ground to interfere with the impugned order. In the result, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 208. ......ukkur Ali Mia……………..Opposite Party Judgment August 20, 1996. Result: The Rule is discharged. Case Referred to- Maksud Ali and another Vs. Eskandar Ali, 28 DLR (AD) 99. Lawyers Involved: Azizul Hoque, Advocate - For the Petitioner. Not Represented - For the Oppo..

Category: Civil Law | Date: | Hits: 86

Rieta Rahman Vs. Bangladesh, represented by the Secretary, Ministry of Home Affairs, Government of People’s Republic of Bangladesh and others, 1996, 25 CLC (HCD)

....release the detenu forthwith if not wanted in connection with any other case. Let an advance order of release be issued immediately. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 201.......ts to show cause as to why Major (Retd.) M Khairuzzaman alias Khairuzzaman (hereinafter referred to as detenu), son of Al-haj Akhtaruzzaman, now detained in Dhaka Central Jail should not be brought before this Court so that it may satisfy itself that he is not being held in custody without lawful au......release the detenu forthwith if not wanted in connection with any other case. Let an advance order of release be issued immediately. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 201....... others……………Respondents Judgment November 18, 1996. Result: The Rule is made absolute. Case Referred To- Abdul Latif Mirza Vs. Government of Bangladesh, 31 DLR (AD) 1. Lawyers Involved: Dr. Rafiqur Rahman with Abdul Hamid, Advocates - For the Petitioner. KS Nabi..

Category: Criminal Law | Date: | Hits: 76

Chairman, Chittagong Port Authority Bandar Bhaban, Chittagong Vs. Khadiza Khatun and others, 1998, 27 CLC (HCD)

....d by the Authorised Officer in CR Case No.5 of 1990 is declared to have been made without lawful authority and is of no legal effect. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 195. ..........Respondents Judgment February 18, 1998. Result: The Rule is made absolute. Lawyers Involved: Md. Habibul Islam Bhuiyan, Advocate - For the Petitioner. Nurul Islam Chowdhury, for Formanullah Khan, Advocate - For the Respondent No.1. Writ Petition No.189 of 1992. Judgme......d by the Authorised Officer in CR Case No.5 of 1990 is declared to have been made without lawful authority and is of no legal effect. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 195. ......ar Bhaban, Chittagong...................Petitioner Vs. Khadiza Khatun and others.......................Respondents Judgment February 18, 1998. Result: The Rule is made absolute. Lawyers Involved: Md. Habibul Islam Bhuiyan, Advocate - For the Petitioner. Nurul Islam Chowdh..

Category: Property Law | Date: | Hits: 103