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Mosharaf Hossain (Md) @ Mash Vs. Bangladesh and others, 2000, 29 CLC (HCD)

....iminal Miscellaneous Jurisdiction) Present: Md. Hamidul Hoque J Md. Munsurul Haque Choudhury J Mosharaf Hossain (Md) @ Mash……………….Petitioner Vs. Bangladesh and others…………………….Opposite Parties Judgment July 17, 2000......of Late Alim Rahman of Village Shyakur PS Maheshpur District Jhenaidah be set of liberty at once if not wanted in any other connection. Ed. This Case is also Reported in: 53 DLR (2001) 100. ......ent Md. Hamidul Haque J.- By this Rule opposite parties were called upon to show cause as to why the detenu Md Mosharaf Hossain now detained in Jhenaidah District Jail should not be brought before this Court to be dealt with according to law. 2. The learned Advocate for the petitioner......of Late Alim Rahman of Village Shyakur PS Maheshpur District Jhenaidah be set of liberty at once if not wanted in any other connection. Ed. This Case is also Reported in: 53 DLR (2001) 100. ..

Category: Criminal Law | Date: | Hits: 29

Arabinda Das Vs. Sura Bala Das and others, 1999, 28 CLC (HCD)

.... The order of stay granted at the time of issuance of the Rule stands vacated. Communicate the order to the Court below at once. Ed. This Case is also Reported in: 53 DLR (2001) 97. ...... The order of stay granted at the time of issuance of the Rule stands vacated. Communicate the order to the Court below at once. Ed. This Case is also Reported in: 53 DLR (2001) 97. ......r 19, 1981 passed in Miscellaneous Case No. 96 of 1981 under the provision of rule 9 of Order 22 of the Code of Civil Procedure. 2. The decision proposed to be given in this Rule does not call for any detailed recounting of facts except that predecessor of the opposite party Nos. 1 and 2 as p...... The order of stay granted at the time of issuance of the Rule stands vacated. Communicate the order to the Court below at once. Ed. This Case is also Reported in: 53 DLR (2001) 97. ..

Category: Property Law | Date: | Hits: 28

Abul Hossain and others Vs. Bangladesh and others, 2000, 29 CLC (HCD)

....rt Division (Special Original Jurisdiction) Present: Md. Gholam Rabbani J Nazmun Ara Sultana J Abul Hossain and others……………Petitioner Vs. Bangladesh and others…………..Respondent Judgment June 12, 2000. Lawyers I......thority and is of no legal effect. The respondents are directed to delete the building in question from the list of abandoned buildings. Ed. This Case is also Reported in: 53 DLR (2001) 94. ......nd thus of no legal effect. 2. Shortly, the case of petitioner Abul Hossain Khan, son of Sultan Khan is that he got lease of the plot No. 16/14, Block-C, Mohammadpur, Dhaka from the Government for a period of 99 years at a salamee of Taka 1701.00 in the year 1963 and the lease deed being No. ......thority and is of no legal effect. The respondents are directed to delete the building in question from the list of abandoned buildings. Ed. This Case is also Reported in: 53 DLR (2001) 94. ..

Category: Property Law | Date: | Hits: 18

Nafisa Choudhury Vs. United Food Complex Ltd. and another, 2000, 29 CLC (HCD)

....aka 1,75,000.00. The company was granted a loan of Taka 2,28,70,000.00 by the BSRS the respondent No. 4 by agreements dated 10-6-81 and 28-3-83. The loan was also granted by Investment Corporation of Bangladesh and 5 other commercial banks. The company was granted a working capital loan of Taka 30,0......s pursuant to the letter dated 16-4-1998. With the aforesaid directions the application is allowed without any order as to costs. Ed. This Case is also Reported in: 53 DLR (2001) 81. ......nd that the hatchers and incubators of the petitioner and the respondent No.3 will be taken over by the company and the company will pay the petitioner the actual cost of machines and spate parts as aforesaid and installation charge of Taka 3,00,000.00 by issue of stock debenture and in Case of defa......s pursuant to the letter dated 16-4-1998. With the aforesaid directions the application is allowed without any order as to costs. Ed. This Case is also Reported in: 53 DLR (2001) 81. ..

Category: Business or Commercial Law | Date: | Hits: 198

Safiqueuddin Ahmed (Md) and another Vs. House Building Finance Corporation, 2000, 29 CLC (HCD)

.... opposite party—House Building Corporation. 6. It appears from the perusal of the revisional application together with the papers filed the including the impugned order and the relevant law, Bangladesh House Building Finance Corporation Order, 1973 (President’s Order 7 of 1978) that the i......ated 7-2-1989 passed by the learned District Judge in Miscellaneous Case No. 36 of 1984 is hereby affirmed without any order as to cost. Ed. This Case is also Reported in: 53 DLR (2001) 80. ...... No. 36 of 1984 under Order 9, rule 13 of the Code of Civil Procedure. 2. House Building Finance Corporation as petitioner filed Miscellaneous Case No. 28 of 1979 against the loanee-petitioner for sale of mortgage property for recovery of the outstanding loan. The loanee-petitioner contested ......ated 7-2-1989 passed by the learned District Judge in Miscellaneous Case No. 36 of 1984 is hereby affirmed without any order as to cost. Ed. This Case is also Reported in: 53 DLR (2001) 80. ..

Category: Procedural Law | Date: | Hits: 78

Shafiqur Rahman Vs. Bangladesh Jatiya Samabaya Bank, 2000, 29 CLC (HCD)

....LR (2001) 78. ......ting Court at once. The order of stay granted earlier by this Court at the time of issuance of the Rule is hereby re-called and vacated. Ed. This Case is also Reported in: 53 DLR (2001) 78. ...... Commercial Court No.1 at Dhaka in Money Execution Case No. 76 of 1985. 2. It appears from the record that opposite party Bangladesh Jatiya Samabaya Bank obtained a money decree dated 05-09-56 for Taka 49,604.08 in Money Suit No. 13 of 1956 against the petitioner and another. 3. ‘Dec......ting Court at once. The order of stay granted earlier by this Court at the time of issuance of the Rule is hereby re-called and vacated. Ed. This Case is also Reported in: 53 DLR (2001) 78. ..

Category: Civil Law | Date: | Hits: 82

Arif Rahman Vs. Commissioner of Customs and others, 1998, 27 CLC (HCD)

....or to the Finance Act, 1998 came into force giving re effect in violation of the vested right of the petitioner accrued under the Finance Act, 1997. Mr Zainul Abedin referred us to Annexure-G (1) and Bangladesh Gazette Additional issue dated 30-6-97 to contend that by the order impugned the suppleme......, we are of the opinion that petition is liable to be rejected. Accordingly, we reject this petition without an order as to cost. Ed. This Case is also Reported in: 53 DLR (2001) 76. ......r the Respondents. Writ Petition No. 1995 of 1998. Judgment AM Mahmudur Rahman J.- The petitioner by this petition filed under Articles 102(1) and 2(a) of the Constitution prays for issuance of a Rule Nisi upon the respondents to show cause as to why the order dated 23-6-98 imp......, we are of the opinion that petition is liable to be rejected. Accordingly, we reject this petition without an order as to cost. Ed. This Case is also Reported in: 53 DLR (2001) 76. ..

Category: Fiscal/Taxation Law | Date: | Hits: 65

Aleya Begum and others Vs. Bangladesh and others, 2000, 29 CLC (HCD)

.... Court Division (Special Original Jurisdiction) Present: SAN Mominur Rahman J Md Abdul Quddus J Aleya Begum and others…………...Petitioners Vs. Bangladesh and others…………..Respondents Judgment October 30, 2000 Cases ......p the petitioners in any way in the above context. In the result the Rule is accordingly disposed of with the above observations. Ed. This Case is also Reported in: 53 DLR (2001) 63. ......g of the ‘Nagar Daridra Beshayak Jatiya Parishad held on 9-4-90 under chairmanship of the then President of the country problems of slum dwellers in Dhaka City were discussed and decision was taken for developing facilities for sanitation, health care, water supply and medical treatment of slum dw......p the petitioners in any way in the above context. In the result the Rule is accordingly disposed of with the above observations. Ed. This Case is also Reported in: 53 DLR (2001) 63. ..

Category: Property Law | Date: | Hits: 60

Nurul Islam Monzoor Vs. State and another, 2000, 29 CLC (HCD)

.... bail under section 339C (4) of the Code, and that the accused- petitioner being a highly respected personality of the country, a former State Minister of the Government of the People’s Republic of Bangladesh, there is no chance of his avoiding the trial, if enlarged on bail. 4. We have hea......ail (opposite party No. 2) for information and compliance and also to the learned Metropolitan Sessions Judge, Dhaka for compliance. Ed. This Case is also Reported in: 53 DLR (2001) 59. ......torney-General—For the State. Criminal Miscellaneous Case No. 7428 of 2000. Judgment Md. Abdul Aziz J. - The supplementary affidavit put in Court by the accused-petitioner do form part of the main application. The report bearing Memo No. 10560/Bha: Sha: dated 4-12-2000 submi......ail (opposite party No. 2) for information and compliance and also to the learned Metropolitan Sessions Judge, Dhaka for compliance. Ed. This Case is also Reported in: 53 DLR (2001) 59. ..

Category: Criminal Law | Date: | Hits: 26

Jarina Khatun & others Vs. Gani Howlader & others, 2000, 29 CLC (HCD)

....that the land was leased out as vested property. Such action of vested property authority cast a doubt over his title. 6. Defendant Nos.1 and 2, Additional Deputy Commissioner (Rev) Bakhergonj and Bangladesh, represented by the Deputy Commissioner, Barisal were the original defendants and defenda...... observations, if necessary, on further evidence as may be adduced by the parties. The Court would abide by the ultimate result of the suit. Ed. This Case is also Reported in: 53 DLR (2001) 53. ......tle Appeal No. 298 of 1993 affirming those dated 12-9-1993 passed by Assistant Judge at Bakhergonj in Title Suit No. 143 of 1984 dismissing the suit. 2. The plaintiff Tayeb Ali instituted the suit for declaration of his title in the suit land and also for a declaration that the VP Case initiated ...... observations, if necessary, on further evidence as may be adduced by the parties. The Court would abide by the ultimate result of the suit. Ed. This Case is also Reported in: 53 DLR (2001) 53. ..

Category: Property Law | Date: | Hits: 22

Sonali Bank and others Vs. Md. Jalaluddin and another, 2000, 29 CLC (HCD)

....5; Md Janata Bank Vs. Hafizuddin Ahmed and others, 29 DLR (SC) 39 and  BSLC Vs. Mahbub Hossain, 29 DLR (SC) 41;Dosta Textile Mills Vs. Sudangshu Bikash Nath, 40 DLR (AD) 45; Jogesh Chandra Datta Vs. Bangladesh, 30 DLR 219; Mujibur Rahman Vs. Bangladesh, 14 DLR (AD) 111; MD, Rupali Bank Vs. Tafazzal......the Rule hereby stands vacated. Let the records be sent down at once so that the suit may be heard and disposed of as early as possible. Ed. This Case is also Reported in: 53 DLR (2000) 48. ...... plaintiff was dismissed from service under the service rules of the Bank. 3. On 17-11-85 the plaintiff instituted Other Class Suit No. 265 of 1985 in the Court of Senior Munsif at Kishoreganj for a decree for declaration that his dismissal from service was illegal, void and not binding upon ......the Rule hereby stands vacated. Let the records be sent down at once so that the suit may be heard and disposed of as early as possible. Ed. This Case is also Reported in: 53 DLR (2000) 48. ..

Category: Administrative Law | Date: | Hits: 165

Moshiur Rahman (Md.) Vs. State, 2000, 29 CLC (HCD)

....l power of the petitioner should not be restored with effect from .10-1999, the date of withdrawal of his such power by the order dated 11-10-1999, passed by the Establishment Division, Government of Bangladesh (Annexure-A to the petition). 2. The Case of the petitioner, in brief, is that e w......absolute. Let copies of this judgment and order be forwarded to the learned Sessions Judge and the petitioner for their future guidance. Ed. This Case is also Reported in: 53 DLR (2001) 42. ......section 480 of the Code of Criminal Procedure, convicting the said accused under section 228 of the Penal Code and sentenced him to pay a fine of Taka 200.00, in default to suffer simple imprisonment for a period of seven days. Against the said order of conviction and sentence dated 5-7-1998, passed......absolute. Let copies of this judgment and order be forwarded to the learned Sessions Judge and the petitioner for their future guidance. Ed. This Case is also Reported in: 53 DLR (2001) 42. ..

Category: Criminal Law | Date: | Hits: 29

Meridian International (Pvt) Ltd and another Vs. Rajdhani Unnayan Kartipakha (RAJUK) and others, 2000, 29 CLC (HCD)

....tioner Vs. Rajdhani Unnayan Kartipakha (RAJUK) and others......................Respondents Judgment July 12, 2000. Cases Referred To- Abdus Sattar (Md) Vs. Bangladesh and others 48 DLR (AD) 1996; Anwar Au (Md) Vs. Chairman, Rajdhani Unnayan Kartipakha (RAJ......ful and proper. In the result, the Rule is discharged with costs of Taka 20,000.00 (twenty thousand) against the petitioners. Ed. This Case is also Reported in: 53 DLR (2001) 35. ......vocate—For Respondent No.4. Writ Petition No. 95 of 2000. Judgment Syed JR Mudassir Hussain J.- Petitioner No.1 Meridian International Limited Company and petitioner No. 2 the former tenants of the respondent No. 4 obtained the Rule Nisi calling upon the respondents to show c......ful and proper. In the result, the Rule is discharged with costs of Taka 20,000.00 (twenty thousand) against the petitioners. Ed. This Case is also Reported in: 53 DLR (2001) 35. ..

Category: Property Law | Date: | Hits: 31

Islami Bank Bangladesh Ltd. and others Vs. Abdul Jalil and others, 1999, 28 CLC (HCD)

....orted in: 53 DLR (2001) 29. ...... in his decision occasioning failure or justice and as such, the impugned order is liable to be set aside and is accordingly, set aside. Ed. This Case is also Reported in: 53 DLR (2001) 29. ......f 1999. Judgment Mozammel Hoque J.- This Rule was issued calling upon the opposite parties No. 1 to 40 to show cause as to why the order No. 12 dated 27-7-1999 rejecting an application for rejection of the plaint passed by the Subordinate Judge, 5th Court, Dhaka in Title Suit No. 42 o...... in his decision occasioning failure or justice and as such, the impugned order is liable to be set aside and is accordingly, set aside. Ed. This Case is also Reported in: 53 DLR (2001) 29. ..

Category: Property Law | Date: | Hits: 61

Shaher Khatun & others Vs. State and another, 2000, 29 CLC (HCD)

.... 15-19 Md. Jaher Ali, Md. Sadeque Ali, Abdul Karim, Md. Amir Ali and Md. Emran Ali hereby confirmed in the facts and circumstances the Case. Ed. This Case is also Reported in: 53 DLR (2001) 19. ...... 15-19 Md. Jaher Ali, Md. Sadeque Ali, Abdul Karim, Md. Amir Ali and Md. Emran Ali hereby confirmed in the facts and circumstances the Case. Ed. This Case is also Reported in: 53 DLR (2001) 19. ......iscellaneous Case No. 3493 of 1995. Judgment Surendra Kumar Sinha J.- This Rule arises upon an application filed by the accused petitioners under section 561A of the Code of Criminal Procedure for quashing the proceedings in Court Case No. 520(1) of 1995 pending in the Court of Magistrate 1st...... 15-19 Md. Jaher Ali, Md. Sadeque Ali, Abdul Karim, Md. Amir Ali and Md. Emran Ali hereby confirmed in the facts and circumstances the Case. Ed. This Case is also Reported in: 53 DLR (2001) 19. ..

Category: Criminal Law | Date: | Hits: 59

Bangladesh Society for the Enforcement of Human Rights (BSEHR) and Others Vs. Government of Bangladesh and others, 2000, 29 CLC (HCD)

....vices. Ed. This Case is also Reported in: 53 DLR (2001) 1. ......d. This Case is also Reported in: 53 DLR (2001) 1. ......is Case is also Reported in: 53 DLR (2001) 1. ......is also Reported in: 53 DLR (2001) 1. ..

Category: Constitutional Law | Date: | Hits: 264

Shaid Hamid and another Vs. Nilufar Momtaz and others, 2009, 38 CLC (AD)

....ase flat was issued with lawful authority; that according to Annexure-2(b) of the affidavit-in-opposition filed by the writ-respondent No.8 he is the owner of the suit property and being a citizen of Bangladesh he has constitutional right to protect his property by contesting in the writ petition; t......we find no substance in the submissions of the learned Advocate for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 15 MLR (AD) (2010) 130. ......titioners. Abul Kalam Mainuddin, Advocate, instructed by Chowdhury Md. Zahangir, Advocate-on-Record- For Respondent No.1. Not represented- Respondent Nos. 2-9. Civil Petitioner for Leave to Appeal No. 888 of 2008. (From the judgment and order dated the 6th day of August......we find no substance in the submissions of the learned Advocate for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 15 MLR (AD) (2010) 130. ..

Category: Property Law | Date: | Hits: 26

Abul Hashem Vs. International Oil Mills Limited, 2009, 38 CLC (AD)

....) Vs. International Oil Mills Limited represented by its Managing Director, North Patenga, Bandar, Chittagong and others .........Respondents (In Civil Petition No. 2324 of 2008) Bangladesh represented by the Ministry of Industries and others……….Petitioners (In Civil Misce......es on premium to be paid and on other related matters. Civil Miscellaneous Petition is also disposed of in terms of this judgment. Ed. This Case is also Reported in: 15 MLR (AD) (2010) 117. ......ecord-For Respondent No. 3 (In Civil Miscellaneous Petition No.231 of 2008) Not represented-Respondent Nos.2, 4 & 5 (In Civil Miscellaneous Petition No.231 of 2008). Civil Petition for Leave to Appeal No.2324 of 2008. (From the judgment and order dated 28.02.2008 passed by ......es on premium to be paid and on other related matters. Civil Miscellaneous Petition is also disposed of in terms of this judgment. Ed. This Case is also Reported in: 15 MLR (AD) (2010) 117. ..

Category: Property Law | Date: | Hits: 33

Warn-Me Wollen Mills Ltd. Vs. Government of Bangladesh, 2010, 39 CLC (AD)

.... Mohammad Fazlul Karim CJ Md. Abdul Matin J ABM Khairul Haque J Md. Muzammel Hossain J Warn-Me Wollen Mills Ltd……….....Petitioner Vs. The Government of Bangladesh, represented by the Secretary, Ministry of Home Affairs, and others…………................cumstances, the High Court Division rightly discharged the rule as not maintainable. In the result, this petition is dismissed. Ed. This Case is also Reported in: VII ADC (2010) 421. ......ioners. Murad Reza, Additional Attorney General, instructed by A. S. M. Khalequzzaman, Advocate-on-Record-For Respondent No.1. Not represented-Respondent Nos. 2-5. Civil Petition for Leave to Appeal No.294 of 2009. (From the judgment and order dated 10.07.2008 passed by t......cumstances, the High Court Division rightly discharged the rule as not maintainable. In the result, this petition is dismissed. Ed. This Case is also Reported in: VII ADC (2010) 421. ..

Category: Civil Law | Date: | Hits: 90

Biman Bangladesh Airlines and others Vs. Al Rojoni Enterprise, 2010, 39 CLC (AD)

....5. ......nd order dated  26.11.2008 passed by the High Court Division in First Appeal No. 28 of 2004, be stayed till dis­posal of the appeal. Ed. This Case is also Reported in: VII ADC (2010) 415. ......instructed by Zahirul Islam, Advocate-on-Record-For the Petitioners. A. B. M. Baizid, Advocate, instructed by Syed Mahbubur Rahamn, Advocate-on-Record-For the Respondent. Civil Petition for Leave to Appeal No. 444 of 2009. (From the judgment and order dated 26.11.2008 passed by ......nd order dated  26.11.2008 passed by the High Court Division in First Appeal No. 28 of 2004, be stayed till dis­posal of the appeal. Ed. This Case is also Reported in: VII ADC (2010) 415. ..

Category: Civil Law | Date: | Hits: 85