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Mazharul Haque Qureishi Vs. Giridhari Rishi and others, 1998, 27 CLC (HCD)
....passed by the Assistant Judge, Savar in the District of Dhaka in Title Suit No. 10 of 1994, rejecting the petitioner’s application under section 10 of the Code of Civil Procedure. 3. Short facts relevant for the purpose of the case are that the mother of the petitioner as plaintiff instituted a......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.......rted 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
....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.......or, Bureau of Anti Corruption, Dhaka by its office memo dated 19-9-93 addressed to the Managing Director, Arab Bangladesh Bank Ltd. the present petitioner, directed him to hand over the documents and papers of 9 account holders by way of seizure to respondent No. 2 in order to investigate into a com......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-......he memo dated 22-9-93 issued by the respondent No. 3 District and Sessions Judge, Dhaka according permission to the respondent No. 1 Deputy Director, Bureau of Anti Corruption, Dhaka to seize certain documents (of 9 account holders) in order to facilitate investigation has been called in question. A..
Category: Criminal Law | Date: | Hits: 41
Islamic Foundation Bangladesh Vs. Firoz Alam and others, 1997, 26 CLC (HCD)
....he Evidence Act speaks of final judgment, order and decree of a competent Court in the exercise of probate, matrimonial, admiralty or insolvency jurisdiction, and such judgment and order are not only relevant but are also conclusive both against the parties thereof as well as against the rest of the......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. ......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......of the suit property? 5. Two witnesses were examined on behalf of the plaintiff-respondents and none was examined by the appellant in support of their case. 6. During the hearing of the suit 26 documents were proved and marked exhibits 1-9 series on behalf of the plaintiff in support of their ..Category: Property Law | Date: | Hits: 116
....nexure made with the petition, the affidavit-in-opposition filed by the respondent No. 2 and also supplementary affidavit-in-opposition filed by the respondent No. 2. We have also duly considered the relevant Rules namely; the Bangladesh Water Development Board (Employees) Service Rules 1982. It app......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.......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......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
Tahera Khatun Bibi and others Vs. Abdul Jalil Mandal and others, 1998, 27 CLC (HCD)
.... Misc. Appeal No. 72 of 1988 reversing the judgment and order dated 29-9-88 passed by the Assistant Judge, Gobindaganj, in Miscellaneous Case No. 64 of 1984 disallowing pre-emption. 2. Short facts relevant for the purpose of the case are that, opposite party Nos.1 and 2 as pre emptors filed a cas......ption is allowed. Send down the lower Court records at once. The order of status quo granted earlier by this Court stands vacated. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 134. ......by this Court stands vacated. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 134. ......ption is allowed. Send down the lower Court records at once. The order of status quo granted earlier by this Court stands vacated. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 134. ..Category: Property Law | Date: | Hits: 56
Mukit and others Vs. State, 2011, 40 CLC (AD)
....igh Court Division in Criminal Appeal No. 2213 of 1997 affirming that dated 30th October, 1997 of the learned Additional Sessions Judge, First Court, Sylhet in Sessions Case No.2 of 1994. 2. Facts relevant for the disposal of this petition are that the petitioners were put on trial before the lea......in be set at liberty at once if not wanted to connection with any other case. This Case is also Reported in: 8 LG (AD) (2011) 17, 16 MLR (AD) (2011) 86, VIII ADC (2011) 238, 31 BLD (AD) (2011) 56. ......) 86, VIII ADC (2011) 238, 31 BLD (AD) (2011) 56. ......in be set at liberty at once if not wanted to connection with any other case. This Case is also Reported in: 8 LG (AD) (2011) 17, 16 MLR (AD) (2011) 86, VIII ADC (2011) 238, 31 BLD (AD) (2011) 56. ..Category: Criminal Law | Date: | Hits: 49
Md. Nasirullah & other Vs. Md. Ziauddin Khan & others, 2007, 36 CLC (AD)
....on record arrived at a correct decision. There is no cogent reason to interfere with the same. Accordingly, the leave petition is dismissed. This Case is also Reported in: 18 BLT (AD) (2010) 19. ......, which after hearing the Rule made absolute. 5. We have heard Mr. A.J. Mohammad Ali, the learned Counsel for the petitioner and perused the judgment of the High Court Division and other connected papers. 6. The High Court Division held that the both the Courts concurrently found that the tran......oners. Not represented-the Respondents. Civil Petition for Leave to Appeal No. 885 of 2005. Judgment MM Ruhul Amin J. - This petition for leave to appeal is directed against the judgment and order dated 13.06.2005 passed by a Single Bench of the High Court Division in Civil Revision No.......tuary mortgage and the contesting defendants did not file any cross objection or cross appeal against the decision of the Courts below and the concurrent finding of fact based on consideration of the documents especially Ext.2 is binding on the High Court Division if such findings are not perverse. ..Category: Property Law | Date: | Hits: 60
Hanif Sheikh (Md.) Vs. Asia Begum, 1998, 27 CLC (HCD)
....umstances of the case Mr. Elias was allowed to place before me the evidence of the witnesses examined by the prosecution. To assure of a correct decision in the case it is necessary to scrutinise the relevant evidence on record. 7. PW 1 Mst Asia Begum stated in her evidence that she was previousl......he charges leveled against him. The accused petitioner is discharged from his bail bonds. Send down the lower Court records at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 129.......………Petitioner Vs. Asia Begum ………Opposite Party Judgment June 9, 1998. Cases Referred to- Jalaluddin alias Badsha vs. State 36 DLR 119; Lukus Miah vs. State 43 DLR 230 and Abed Ali vs. State 43 DLR 366. Lawyers Involved: B Elias for Md. Mustafizur Rahman, Advoca......he charges leveled against him. The accused petitioner is discharged from his bail bonds. Send down the lower Court records at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 129...Category: Criminal Law | Date: | Hits: 67
Nasim Anwar Hossain Vs. Bangladesh Bank and others, 2010, 39 CLC (HCD)
....rantee to the creditor bank to repay the loan money which at best could made him a guarantor and not a defaulting borrower. The High Court Division, after exhaustive hearing and on examination of the relevant sections/articles respectively in the Bank Companies Act, 1991; Bangladesh Bank Order, 1972......e whether the name of a person having 15% share in a defaulting borrower company, and a personal guarantor against a loan, can be included in the CIB report. We have perused the writ petition and the papers submitted therewith, considered the submissions of the learned Advocates for both the parties......Court High Court Division (Special Original Jurisdiction) Present: Nazmun Ara Sultana J Md. Ruhul Quddus J Nasim Anwar Hossain…………..... Petitioner Vs. Bangladesh Bank and others…………..... Respondents Judgment December 7, 2010. Cases Referred to- M......dent from annexe-B to the writ petition) is hereby declared to have been done without lawful authority and is of no legal effect. Nazmun Ara Sultana, J.- I agree. This Case is also Reported in: ..Category: Civil Law | Date: | Hits: 167
Md. Arif Gaffar Vs. Artha Rin Adalat, Khulna and others, 2010, 39 CLC (HCD)
....reby cancelled. The office is directed to communicate the copy of this judgment at once to the concerned executing Court. Nazmun Ara Sultana, J.- I agree. This Case is also Reported in: ......ision in the said writ petition on 17.9.2006. However, the Hon’ble Court ultimately discharged the Rule vacating the said order of stay. The decree holder bank also published auction notice in news-papers and wanted to sell the mortgaged property, but failed. Thereafter the bank, in order to compe...... High Court Division (Special Original Jurisdiction) Present: Nazmun Ara Sultana J Md. Ruhul Quddus J Md. Arif Gaffar…………..... Petitioner Vs. Artha Rin Adalat, Khulna and others..... Respondents Judgment December 2, 2010. Cases Referred to- Provat Kumar ......reby cancelled. The office is directed to communicate the copy of this judgment at once to the concerned executing Court. Nazmun Ara Sultana, J.- I agree. This Case is also Reported in: ..Category: Civil Law | Date: | Hits: 169
Islami Bank Bangladesh Ltd. Vs. District Anti-Corruption Officer and another, 2001, 30 CLC (HCD)
....pare and produce, within a time to be specified in the order, certified copies of all such entries, accompanied by a further certificate that no other entries are to be found in the books of the bank relevant to the matters in issue to such proceeding, and such further certificate shall be dated and......hrough TT and MT by different Banks including petitioner Bank from Nababganj to Dhaka and Chittagong. The respondent No. 2 issued order allowing the application of the respondent No. 1 for seizure of papers and documents as mentioned in the impugned Annexure and communicated the copy of the order to......on) Present: MM Ruhul Amin J Md. Munsurul Hoque Chowdhury J Islami Bank Bangladesh Ltd…………………………………..….Petitioner Vs. District Anti-Corruption Officer and another…………….Respondents Judgment July 5, 2001. Lawyers Involved: Ahsanul ......dents to show cause as to why the impugned order dated 29‑5‑94 (Annexure-B) and Memo No. 619/5 Cr dated 29‑5‑94 (Annexure‑C) issued by, respondent No. 2 directing examination and seizure of documents from the petitioner bank should not be declared to have been passed without lawful authori..Category: Anti-Corruption Laws | Date: | Hits: 153
Dhaka International University Vs. Secretary, Ministry of Education and others, 1997, 26 CLC (HCD)
....s have been published are entitled to certificate of the degree. In the result, the Rule is made absolute. No order as to costs. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 91. ......rsity, applied to the then Education Minister on 21-5-95 for permission to establish the University. On receipt at the same the Hon’ble Minister directed the Secretary of the Ministry to peruse the papers and grant permission provisionally on condition of fulfillment of legal provisions within a r......Special Original Jurisdiction) Present: AM Mahmudur Rahman J Md. Mozammel Hossain J Dhaka International University………………Petitioner Vs. Secretary, Ministry of Education and others…………………Respondents Judgment: February 14, 1999. Result: The Rule......s have been published are entitled to certificate of the degree. In the result, the Rule is made absolute. No order as to costs. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 91. ..Category: Others | Date: | Hits: 104
Muhammadullah Vs. Sessions Judge and others, 1998, 27 CLC (HCD)
....s, Noakhali should not be declared to have been passed without lawful authority and why direction should not be made for quashing proceedings against the petitioner in GR Case No.1 of 1983. 2. The relevant facts are that the petitioner entered Government Service in 1967 as Typist and subsequently......case. The learned Advocate finally submits that the other two cases also have no manner of application in the facts and circumstance of the present case. 6. We have perused the application and the papers and documents annexed therewith. There is no dispute that the petitioner was tried by Special......ivision (Special Original Jurisdiction) Present: Syed Amirul Islam J SAN Mominur Rahman J Muhammadullah……………………………………Petitioner Vs. Sessions Judge and others………………………..Respondents Judgment November 18, 1998. Cases Ref......earned Advocate finally submits that the other two cases also have no manner of application in the facts and circumstance of the present case. 6. We have perused the application and the papers and documents annexed therewith. There is no dispute that the petitioner was tried by Special Martial La..Category: Criminal Law | Date: | Hits: 56
....er to appear before him in the interest of proper enquiry.
9. For answering the first and second branch of contention raised from the side of the petitioners, it will be appropriate to extract the relevant provisions of sections 94 and 16O of the Code of Criminal Procedure and also section 3 of t......devoid of any substance and the same must discharged.
In the result, the Rule is discharged, however, without any order as to cost.
Ed.
This Case is also Reported in: 51 DLR (HCD) (1999) 72.
......s Case is also Reported in: 51 DLR (HCD) (1999) 72.
......etitioners thereafter received the impugned letter issued by the respondent No.2 District Anti-Corruption Officer, Bureau of Anti-Corruption demanding of them for their examination and also producing documents in the interest of proper enquiry.
3. The petitioners challenged the said letter of the..
Category: Anti-Corruption Laws | Date: | Hits: 191
QC Shipping Limited and another Vs. Chittagong Port Authority and others, 1998, 27 CLC (HCD)
....mployees of the port resorted to wildcat strike for use of private operation of the equipments for handling the containers within the port area. The strike was followed by series of meetings with the relevant authorities with the result that about six thousand port employees called off strike and re......esult, I make this Rule absolute without any order as to costs. The order of stay is consequently disposed of as being infructuous. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 64. ......also Reported in: 51 DLR (HCD) (1999) 64. ......esult, I make this Rule absolute without any order as to costs. The order of stay is consequently disposed of as being infructuous. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 64. ..Category: Admiralty Law or Maritime Law | Date: | Hits: 583
Sharif and Brothers Vs. Commissioner of Customs and Others, 2000, 29 CLC (HCD)
....luation fixed by the Review Committee and fixed a valuation of its own at the rate of US $ 5500.00 per Metric Ton. The petitioner claims that the Tribunal had passed the order without considering the relevant material and arrived at a decision without any basis. The decision and order of the Tribuna......cluding CRF was referred to the Review Committee by the Customs Authority for the purpose of reviewing valuation under pre shipment inspection scheme and the Review Committee considering the relevant papers and documents made an order on 28-7-97 and thereby rejected the valuation on the basis of CRF......his Case is also Reported in: 52 DLR (HCD) (2000) 362. ......mporter an opportunity of being heard, if they so desire, pass such order as it thinks fit, including fixing the price of the subject goods for the purpose of final assessment.” 7. The paper and documents with respect to the imported goods including CRF was referred to the Review Committee by t..Category: Fiscal/Taxation Law | Date: | Hits: 93
Riazuddin (Md.) Vs. Government of Bangladesh and others, 1999, 28 CLC (HCD)
....he petition is declared to have been made without any lawful authority and is of no legal effect. There will be no order as to cost. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 361.......5. Mr. Obaidul Hassan Shaheen, the learned Assistant Attorney-General appearing for the respondent No.1 opposes the Rule and supports the impugned order. 6. We have perused the application and the papers annexed hereto and considered the submission made by the learned Advocate of the respective p......l Original Jurisdiction) Present: Syed Amirul Islam J SAN Mominur Rahman J Riazuddin (Md.)……………………………………………Petitioner Vs. Government of Bangladesh and others……Respondents Judgment July 29, 1999. Case Referred to- Sheik Ali Ahmed V......he petition is declared to have been made without any lawful authority and is of no legal effect. There will be no order as to cost. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 361...Category: Others | Date: | Hits: 105
Abu Mohammad Vs. Government of the People’s Republic of Bangladesh & another, 1999, 28 CLC (HCD)
.... would get the short term loan facility under the ADP scheme. 6. The learned Deputy Attorney-General representing the respondent No.2, pointing out the Enterprise profile, the tender terms and the relevant clauses of the contract, has submitted that the petitioner is bound by the terms of the con......foregoing reasons, we see there is no merit in this Rule. Accordingly, the Rule is discharged. There will be no order as to costs. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 352. ......rnment of the People’s Republic of Bangladesh & another……………Respondents Judgment November 30, 1999. Cases Referred To- Managing Director, Dhaka WASA Vs. Superior Builders and Engineers Ltd. 51 DLR (AD) 56; Associate Provincial Picture Houses Ltd. Vs. Wednesbury Corporati......k (BSB) Bangladesh Shilpa Rin Sangstha or any Commercial Bank or Banks. In the event of such assumption and taking over long term liabilities the purchaser undertakes to execute any fresh document or documents in favour of such institutions or Commercial Bank or Banks which may be required to indemn..Category: Others | Date: | Hits: 95
Abu Jamal and others Vs. State, 1998, 27 CLC (HCD)
....der skull and cavial cavity. In his opinion, the death was due to above noted injuries which were ante-mortem and homicidal in nature. 17. PW 10 is Md. Lehajuddin who was Upazila Magistrate at the relevant time. He recorded the statement of Md. Dulal under section 164 Cr.P.C. and proved the same ......Jamal and Wahid alias Wahid Miah are concerned and the judgment and order of conviction and sentence against them are hereby affirmed. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 57. ......y affirmed. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 57. ......Jamal and Wahid alias Wahid Miah are concerned and the judgment and order of conviction and sentence against them are hereby affirmed. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 57. ..Category: Criminal Law | Date: | Hits: 55
Habibur Rahman Paikar (Md.) Vs. Gour Gopal Datta and others, 1998, 27 CLC (HCD)
....setting aside the judgment and decree dated 29-6-1983 passed by the Second Court of Munsif, Bogra in Other Class Suit No.153 of 1977 dismissing the suit has been called in question. 2. Short facts relevant for the purpose of the case are that, petitioner Md. Habibur Rahman Paikar as plaintiff ins...... within three months from the date of receipt of the order. Communicate this order to the learned Subordinate Judge, Bogra at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 54. ......) (1999) 54. ......e suit with false and frivolous allegations for making illegal gains. 4. At the trial the plaintiff-petitioner examined 3 witnesses and the contesting defendants examined 3 witnesses and exhibited documents in supports of their respective case. 5. The learned Munsif on consideration of the evi..Category: Property Law | Date: | Hits: 88
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