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....Quamrul Islam Siddiqui J
Abani Kumar Mistry and others………………………………………………………………………Petitioners
Vs.
Government of the People's Republic of Bangladesh and others……………Opposite Parties
Judgment
July 9, 2006.
Cases Referr......le is hereby recalled and vacated.
There is no order as to costs.
Send down the lower Court record at once.
Ed.
This Case is also Reported in: 59 DLR (2007) 270, 26 BLD (HCD) (2006) 634.
......For the Petitioners.
Rabiul Alam Chowdhury Advocate—For the Opposite Parties.
Civil Revision No. 4063 of 2000.
Judgment
Quamrul Islam Siddiqui J.- This Rule was issued on an application for revision made by the plaintiff-petitioner under section 115(1) of the Code of Civil Procedure (t......le is hereby recalled and vacated.
There is no order as to costs.
Send down the lower Court record at once.
Ed.
This Case is also Reported in: 59 DLR (2007) 270, 26 BLD (HCD) (2006) 634.
..
Category: Property Law | Date: | Hits: 27
Puspak Kumar Roy and another Vs. Eldrin Khan and others, 2005, 34 CLC (HCD)
....aintiff Nos. 1 and 2. The defendant No. 16 sold 1 acre of land at a consideration of Taka 12,000 by a kabala deed dated 31-7-1983 in favour of the plaintiff No. 3. 3. After those transfers the Bangladesh Rin Salishi Ain, 1989 (Act No. XV of 1989) ("the Act") came into being on the 2nd March 1....... The order of stay granted earlier by this Court dated 10-4-2004 is hereby vacated. Send down the lower Court's record at once. Ed. This Case is also Reported in: 59 DLR (2007) 263. ......003 dismissing the appeal and affirming those dated 30-1-2003 passed by the learned AssisÂtant Judge, Dakope, Khulna, in Title Suit No. 87 of 2000 decreeing the suit. 2. Short facts necessary for disposal of the Rule are, that admittedly the suit property belonged to Chandi Charan Roy who di....... The order of stay granted earlier by this Court dated 10-4-2004 is hereby vacated. Send down the lower Court's record at once. Ed. This Case is also Reported in: 59 DLR (2007) 263. ..Category: Property Law | Date: | Hits: 34
....Division
(Special Original Jurisdiction)
Present:
Md. Abdul Matin J
ATM Fazle Kabir J
Amirul Islam (Md)……………………………………………………Petitioner
Vs.
Bangladesh represented by the Secretary, Ministry of Home Affairs and others…. ……….Responden......ormer post and allow him to continue in service with all attending benefits within 30 days from the date of receipt of copy of this judgment.
Ed.
This Case is also Reported in: 59 DLR (2007) 258.......e without lawful authority and to be of no legal effect and why the respondents should not be directed to allow the petitioner to continue in service with all benefits.
2. The short facts relevant for the purpose of the case are, that the petitioner after obtaining the graduation degree in 1997, ......ormer post and allow him to continue in service with all attending benefits within 30 days from the date of receipt of copy of this judgment.
Ed.
This Case is also Reported in: 59 DLR (2007) 258...
Category: Employment/Service Law | Date: | Hits: 67
Anwara Begum Vs. Government of Bangladesh and others, 2005, 34 CLC (HCD)
....Division (Special Original Jurisdiction) Present: Tariq-ul-Hakim J Afzal Hossain Ahmed J Anwara Begum .............................. ……………Petitioner Vs. Government of Bangladesh and others………….Respondents Judgment August 1, 2005. Cases Referred To- ......d Buildings as published in Ka list dated 28-4-1986 within 3(three) months from the date of receipt of this order. Ed. This Case is also Reported in: 59 DLR (2007) 251, 26 BLD (HCD) (2006) 123. ......agreement dated 29-7-1963 followed by possession and thereby the said Md. Younus Ali became the owner of the house in question. The said Md. Younus Ali while possessing the property had obtained loan for construction of his house with prior permission of the concerned authority and mortgaged the sai......d Buildings as published in Ka list dated 28-4-1986 within 3(three) months from the date of receipt of this order. Ed. This Case is also Reported in: 59 DLR (2007) 251, 26 BLD (HCD) (2006) 123. ..Category: Property Law | Date: | Hits: 40
Abdul Karim and others Vs. Court of Settlement and others, 2007, 36 CLC (HCD)
.... Rule Nisi was issued calÂling upon the respondents to show cause as to why the inclusion of the petitioner's building situated at House No. 1/15 Block-D, Mohammadpur, Dhaka as abandoned property in Bangladesh Gazette ExtraÂordinary 'Kha' list published under the Abandoned Buildings (Supplementary......6 under Abandoned Buildings (Supplementary Provisions) Ordinance, Ordinance 54 of 1985 at page No. 9764 (17), Serial No. 42 (Annexure-I). Ed. This Case is also Reported in: 59 DLR (2007) 247.......se No. 1/15, Block-D, Razia Sultana Road, Mohammadpur, Dhaka, measuring an area of 144 square yards originally belonged to the then Government of East Pakistan and that the Government leased out the aforesaid property to Syed Md. Yunus by a registered deed of lease being No. 2067 dated 2-2-1960; tha......6 under Abandoned Buildings (Supplementary Provisions) Ordinance, Ordinance 54 of 1985 at page No. 9764 (17), Serial No. 42 (Annexure-I). Ed. This Case is also Reported in: 59 DLR (2007) 247...Category: Property Law | Date: | Hits: 33
Syed Ziaul Hasan and others Vs. Bangladesh and others, 2006, 35 CLC (HCD)
....High Court Division (Special Original Jurisdiction) Present: Md. Awlad Ali J Zinat Ara J Syed Ziaul Hasan and others……………………Petitioners Vs. Bangladesh and others…………………………....Respondents Judgment May 10, 2006......tity module (SIM) Card according to the price fixed i.e. Taka 1800. There will be no order as to costs. Ed This Case is also Reported in: 59 DLR (2007) 238, 26 BLD (HCD) (2006) 366. ...... is of no legal effect and why the respondent No.6 should not be directed to supply subscriber identity module (SIM) Cards of the petitioners at the previous agreed rate. 2. The material facts for the disposal of the Rule are that on 6-5-2005 Tele Talk Bangladesh Limited, a public limited com......tity module (SIM) Card according to the price fixed i.e. Taka 1800. There will be no order as to costs. Ed This Case is also Reported in: 59 DLR (2007) 238, 26 BLD (HCD) (2006) 366. ..Category: Fiscal/Taxation Law | Date: | Hits: 131
Shahella Chowdhury Vs. National Board of Revenue and others, 2007, 36 CLC (HCD)
....ce association in accordance with paragraph 8 of the Fourth Schedule; (d) any sum deemed to be income, or any income accruing or arising or received, or deemed to accrue or arise or be received in Bangladesh under any provision of this Ordinance:" 16. Above definition of income appears to be i......no legal effect; and they are accordingly quashed. Order of stay granted on 23-5Â06 is also recalled and vacated. Communicate at once. Ed. This Case is also Reported in: 59 DLR (2007) 213. ...... out of which the Rule was obtained are that the petitioner was a regular tax payee having TIN: 34-100-1503/Coys-06, Taxes Zone-2 at Chittagong. 3. After submission of the return by the petitioner for the assessment year 1999-2000 showing a liability of Taka 96,000, the Deputy Commissioner of ta......no legal effect; and they are accordingly quashed. Order of stay granted on 23-5Â06 is also recalled and vacated. Communicate at once. Ed. This Case is also Reported in: 59 DLR (2007) 213. ..Category: Fiscal/Taxation Law | Date: | Hits: 69
Dhaka City Corporation and others Vs. Shamsur Rahman and others, 2007, 36 CLC (HCD)
....orporation and others ………Petitioners Vs. Shamsur Rahman and others………………….Opposite Parties Judgment February 8, 2007. Cases Referred To- Bangladesh vs. Samodra Narayan Mohajan and another 2006 BLD (AD) 145 = 11 BLC (AD) 226; Sarashijaksh......ring with peaceful possession of the plaintiff in the suit land, in any way, as prayed for. Send down the records, at once. Ed. This Case is also Reported in: 59 DLR (2007) 207. ......sed by Additional District Judge and Bankruptcy Court at Dhaka in Title Appeal No. 393 of 2004, which reversed the judgment and decree dated 6-11Â04 of the trial Court and decreed the suit as prayed for. 2. Later Rule was obtained by defendant No. 4 upon similar revision application against ......ring with peaceful possession of the plaintiff in the suit land, in any way, as prayed for. Send down the records, at once. Ed. This Case is also Reported in: 59 DLR (2007) 207. ..Category: Property Law | Date: | Hits: 32
Mahbubul Alam (Md.) Vs. Bangladesh and Others, 2006, 35 CLC (HCD)
....t Division (Special Original Jurisdiction) Present: Nozrul Islam Chowdhury J Syed Refaat Ahmed J Mahbubul Alam (Md.)……………..Petitioner Vs. Bangladesh and Others…………..Respondents Judgment May 24, 2006. Lawyers ......ase, the Rules in Writ Petition No. 2711 of 2004 and Writ Petition No.2560 of 2004 are hereby discharged without any order as to costs. Ed. This Case is also Reported in: 59 DLR (2007) 205. ...... Nozral Islam Chowdhury J.- These two writ petiÂtions being Writ Petition No. 2711 of 2004 and Writ Petition No. 2560 of 2004 involve common quesÂtion of law to be decided by this court, Therefore, we feel it proper to dispose of both the writ petitions by a single judgment. 2. In Wri......ase, the Rules in Writ Petition No. 2711 of 2004 and Writ Petition No.2560 of 2004 are hereby discharged without any order as to costs. Ed. This Case is also Reported in: 59 DLR (2007) 205. ..Category: Civil Law | Date: | Hits: 67
Anti-Corruption Commission Vs. Md. Hasan & others, 2008, 37 CLC (AD)
....he respondent No.1 was arrested by RAB-7, Chittagong on 14-2-2007 pursuant to Patenga Police Station GD Entry No. 149 dated 14-2-2007 under Rule 16(2) of the said Rules. Thereafter, the Government of Bangladesh vide Order No. 18 of 2007 dated 20-2-2007 detained the respondent No.1 in detention Case ......ove, we find no subÂstance in the submissions of the learned Advocate for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 15 BLC (AD) (2006) 183. ......”For the Petitioner. Rafique-ul-Huq, Senior Advocate instructed by Md. Wahidullah, Advocate-on-Record—For the Respondent Nos. 1-2. Not represented—the Respondent Nos. 3-7. Civil Petition for leave to Appeal No. 1432 of 2008. (From the judgment and order dated the 18th day of June, 20......ove, we find no subÂstance in the submissions of the learned Advocate for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 15 BLC (AD) (2006) 183. ..Category: Anti-Corruption Laws | Date: | Hits: 143
Abdul Halim (Md.) Vs. Abul Hasan Chowdhury Kaiser and others, 2001, 30 CLC (HCD)
....act and law they are heard and disposed of by this common judgment. 2. In both the Rules the petitioners, by filing applications under Article 102 of the Constitution of the People’s Republic of Bangladesh, have challenged under what authority respondent No.1 in Writ No. 953 of 1998 and respond......ave become infructuous. In the result, the Rules in both the writ petitions are discharged being infructuous without any order as to costs. Ed. This Case is also Reported in: 54 DLR (2002) 42.......sport No. 701185593 and thus became disqualified to contest the parliamentary election held on 12-6-1996 and also to continue as a member of parliament in view of Article 66(2)(c) of the Constitution for acquisition of citizenship of a Foreign State. Similarly, the petitioner in Writ Petition No. 32......ave become infructuous. In the result, the Rules in both the writ petitions are discharged being infructuous without any order as to costs. Ed. This Case is also Reported in: 54 DLR (2002) 42...Category: Administrative Law | Date: | Hits: 356
Md. Ali Haider & Ors. Vs. State and others, 1987, 16 CLC (HCD)
....ontemplated by this section lies squareÂly on the prosecution. It is obligatory on the part of prosecution to prove affirmatively that maker of the report is dead, or that he can not be found within Bangladesh or that he cannot be called and produced as a witness without unreasonable delay 01 expen...... the charge. They shall be set at liberty forthwith if not wanted in conÂnection with any other case. Amin-ur-Rahman Khan J. – I agree Ed. This Case is also Reported in: 40 DLR (1988) 97. ......and appelÂlant Seraj @ Sipai of Criminal Appeal No. 113 of 1985 and non-appealing accused Giasuddin Enu Mondal @ Gobra, Ejal Hoque, Mahbob @ Mata-buddin along with 16 others were placed on trial beÂfore the learned Additional Sessions Judge, 3rd Court, Dhaka in Sessions Case No.747 of 1979 on char...... the charge. They shall be set at liberty forthwith if not wanted in conÂnection with any other case. Amin-ur-Rahman Khan J. – I agree Ed. This Case is also Reported in: 40 DLR (1988) 97. ..Category: Criminal Law | Date: | Hits: 30
....rough Council, 1951 (2) All EngÂland Law Reports, 587; Mehreen Zaibun Nisa vs. Land Commissioner, Multan and others, P.L.D. 1975(S.C) 397; Zamiruddin Ahmed vs. Government of the People's Republic of Bangladesh 1981 BLD (HCD) 307= 1981 BCR 318.
Lawyers Involved:
Rafiqul Huq with Md. Fazlul Haq......tore the disputed property to the possession of the petitioner within three months from date.
Mohammad Ismail Uddin Sarker J. - I agree.
Ed.
This Case is also Reported in: 40 DLR (1988) 87.
......an and others, P.L.D. 1975(S.C) 397; Zamiruddin Ahmed vs. Government of the People's Republic of Bangladesh 1981 BLD (HCD) 307= 1981 BCR 318.
Lawyers Involved:
Rafiqul Huq with Md. Fazlul Haque-for the PeÂtitioner.
Syed J.R. Modassir Hossain, Deputy Attorney General-for the Respondent.
......tore the disputed property to the possession of the petitioner within three months from date.
Mohammad Ismail Uddin Sarker J. - I agree.
Ed.
This Case is also Reported in: 40 DLR (1988) 87.
..
Category: Immigration and Citizenship Law | Date: | Hits: 188
Janata Bank Vs. M/S Ahmedia Garments, 1987, 16 CLC (HCD)
....00 but having failed to obtain any the plaintiff is constrained to file the Money Suit for recovery of the said amount. 10. As the defendant company has no other properties movable or immovable in Bangladesh exÂcept the properties described in the schedule namely the proceeds of the letter of cr......on of the judgment is stayed for 4 (four) weeks from date. There will however be no order as to costs. Amirul Islam Chowdhury J. - I agree. Ed. This Case is also Reported in: 40 DLR (1988) 72.......gment Anwarul Hoque Chowdhury J.- This appeal is directed against an order dated 21.6.86 passed in money suit no. 116 of 1985 by the 3rd subordinate judge, Dhaka attaching the schedule property before judgment. 2. Facts leading to this in short are that M/S. Ahmedia Garments instituted a suit......on of the judgment is stayed for 4 (four) weeks from date. There will however be no order as to costs. Amirul Islam Chowdhury J. - I agree. Ed. This Case is also Reported in: 40 DLR (1988) 72...Category: Business or Commercial Law | Date: | Hits: 209
State Vs. Mizanul Islam alias Dablu & another, 1987, 16 CLC (HCD)
....stigating Officer that P.W.4 Khondkar Nurul Islam told him that the appellant Dablu murÂdered his wife and caused bleeding injuries to him by dagger. 20. P.W.9 Abdul Baqui is Chemical examiner of Bangladesh. A check Lungi, Blouse and a dagger, each stained with blood was sent to P.W.9 Baqui for ......s hereby set aside and he is set at liberty forth with if not wanted in connection with any other case. D.M. Ansaruddin Ahmed J. -I agree. Ed. This Case is also Reported in: 40 DLR (1988) 58.......udgement here. Supreme Court High Court Division (Criminal Appellate Jurisdiction) Present: Syed Fazle Ahmed J DM Ansaruddin Ahmed J The State …………………Complainant (Informant) Vs. Mizanul Islam alias Dablu & another……………………….Opposite Party......s hereby set aside and he is set at liberty forth with if not wanted in connection with any other case. D.M. Ansaruddin Ahmed J. -I agree. Ed. This Case is also Reported in: 40 DLR (1988) 58...Category: Criminal Law | Date: | Hits: 61
New Age Garments Ltd. and others Vs. Government of Bangladesh and others, 2001, 30 CLC (HCD)
....LR (2002)33.......4 Ain/2001/Srakoml0/Ni:Mo: Ni; 28/2001 dated 8th July, 2001 is declared to have been passed without lawful authority and is of no legal effect. Ed. This Case is also Reported in: 54 DLR (2002)33.......alling upon the respondents to show cause why the impugned SRO No. 184 Ain/2001/Srakom 10/Ni: Mo: Ni 28/2001 dated 8th July, 2001 published in the Bangladesh Gazette (Annexure D) fixing minimum wages for workers in all industrial undertakings of Bangladesh should not be declared to have been done il......4 Ain/2001/Srakoml0/Ni:Mo: Ni; 28/2001 dated 8th July, 2001 is declared to have been passed without lawful authority and is of no legal effect. Ed. This Case is also Reported in: 54 DLR (2002)33...Category: Labour and Industrial Law | Date: | Hits: 96
Ripon Packaging and Accessories Ltd. Vs. Eastern Bank Ltd. and another, 2001, 30 CLC (HCD)
....y J Ripon Packaging and Accessories Ltd………. Petitioner Vs. Eastern Bank Ltd. and another………………….. Opposite-Parties Judgment June 4, 2001. Case Referred To- Bangladesh Shilpa Bank vs. Bangladesh Hotels Ltd., 38 DLR (AD) 70; Ahmed Silk Mills Ltd. vs. Banglad......aw and both the suits be disposed of as early as possible preferably within 3 (three) months from the date of receipt of the copy of this Judgment. This Case is also Reported in: 54 DLR (2002) 31. ......ent and order dated 12-7-99 passed by the District Judge, Dhaka in Transfer Miscellaneous Case No. 326 of 1999 rejecting the petitioner’s application under section 24 of the Code of Civil Procedure for transferring the Title Suit No. 153 of 1998 pending in the Court of 5th Subordinate Judge, Dhaka......aw and both the suits be disposed of as early as possible preferably within 3 (three) months from the date of receipt of the copy of this Judgment. This Case is also Reported in: 54 DLR (2002) 31. ..Category: Civil Law | Date: | Hits: 73
....702; Probity Shipping Corporation and another vs. StateTrading Corporation of India (1980-81) 85 CWN 268, times Orient Transport Co. vs. Jaya Bharat C & J Co., AIR 1987 (SC) 2289; Mecca Mills vs. Bangladesh Shilpa Bank, (1999) 4 BLC 169; Salamat Khan vs. QG Ahad, (1978) 30 DLR (SC) 271; Governme......Plaint of the suit having been rejected, no separate order needs to be passed on the application of defendant No. 3 for striking out its name.
Ed.
This Case is also Reported in: 54 DLR (2002) 17.......ode of Civil Procedure against an order dated 24-5-95 passed by Subordinate Judge, 5th Court at Dhaka in Title Suit No. 139 of 1994.
3. Opposite Party No. 1, a limited company, instituted the suit for following declarations as well as perpetual injunctions:
a. Permanent injunction against the ......Plaint of the suit having been rejected, no separate order needs to be passed on the application of defendant No. 3 for striking out its name.
Ed.
This Case is also Reported in: 54 DLR (2002) 17...
Category: Civil Law | Date: | Hits: 101
Matiur Rahman (Md) Vs. People's Republic of Bangladesh and others, 2002, 31 CLC (HCD)
.... High Court Division (Special Original Jurisdiction) Present: SAN Mominur Matiur Rahman J Md. Arayes Uddin J Matiur Rahman (Md)..............Petitioner Vs. People's Republic of Bangladesh and others..................Respondents Judgment April 24, 2002. Cases Referred......the writ petition changing his status and transfer as Darowan is declared to have been passed without lawful authority and of no legal effect. Ed. This Case is also Reported in: 55 DLR (2003) 26.......ed from "unskilled Worker" to "Darowan" by order dated 10‑11‑1999 and the petitioner in compliance to that order joined the new post of Darowan but submitted a representation dated 14‑11‑1999 for his reinstatement in his previous post and position as "unskilled labour" and that such change o......the writ petition changing his status and transfer as Darowan is declared to have been passed without lawful authority and of no legal effect. Ed. This Case is also Reported in: 55 DLR (2003) 26...Category: Labour and Industrial Law | Date: | Hits: 71
M Mojibul Haque Vs. DG, Bangladesh Bureau of Anti-ÂCorruption & ors., 2001, 30 CLC (HCD)
.... ......l Chanda Dwarkadas Morarka Vs. King, AIR (1948) (PC) 82. In the premises, the Rule is made absolute without any order as to costs. Ed. This Case is also Reported in: 55 DLR (2003) 24. ......hen the petitioner went on leave preparatory retirement, he was posted as the Commanding Officer of the 9th Armed Police Battalion, Khulna. The petitioner appointed respondent No. 6 as the contractor for the electrical wiring of two tin‑shed barracks, construction of 4 latrines, 2 bathrooms and in......l Chanda Dwarkadas Morarka Vs. King, AIR (1948) (PC) 82. In the premises, the Rule is made absolute without any order as to costs. Ed. This Case is also Reported in: 55 DLR (2003) 24. ..Category: Anti-Corruption Laws | Date: | Hits: 138
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