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Md. Mafiz and others Vs. Bangladesh, 2010, 39 CLC (AD)

....s case against the plaintiffs and served notice on 11.03.1989 and directed them to vacate their shops by 18.03.1989 and that the shops have been standing on the lands belonging to the K.D.D.B. not on Government khas lands; that if they are evicted forcibly from their shops they will suffer irreparab...... 598....... (2010) 598.......02 of 1995 is stayed till disposal of the appeal. Ed. This Case is also Reported in: VII ADC (2010) 598...

Category: Property Law | Date: | Hits: 31

Government of Bangladesh Vs. Md. Atiar Rahman Khan and others, 2010, 39 CLC (AD)

....s also Reported in: VII ADC (2010) 587.......d in: VII ADC (2010) 587.......late Division (Civil) Present: Md. Tafazzul Islam CJ Md. Abdul Matin J ABM Khairul Haque J Surendra Kumar Sinha J Government of Bangladesh………………......Petitioner Vs. Md. Atiar Rahman Khan and others..............Respondents Order January 10, 2010. L......ith as prayed for. The petitioner is permitted to add addi­tional ground. Ed. This Case is also Reported in: VII ADC (2010) 587...

Category: Limitation Law | Date: | Hits: 149

National Board of Revenue Vs. Dulal Chandra Bhoumik, 2009, 38 CLC (AD)

....ons of ACETONE from Singapore and duly informed to the Commissioner of Customs, Chittagong and opened a letter of credit dated 15.07.2008 for import of the same under H.S. Code No. 2914.11.00 and the Government approved pre-shipment inspection agency issued CRF certificate dated 25.09.2008 and H.S. ......vision in Writ Petition No.8835 of 2008 is stayed till disposal of the appeal. The petitioners are permitted to add additional grounds. Ed. This Case is also Reported in: VII ADC (2010) 584. ...... ABM Khairul Haque J National Board of Revenue represent­ed by the Chairman NBR Bhaban, Segunbagicha, Police Station-Ramna, District-Dhaka and another ……………………..Petitioners Vs. Dulal Chandra Bhoumik…………………............Respondent Judgment November 16, ......e petitioners are permitted to add additional grounds. Ed. This Case is also Reported in: VII ADC (2010) 584. ..

Category: Fiscal/Taxation Law | Date: | Hits: 73

Gazipur Razzakia Janakallyan High School Vs. Govt. of Bangladesh, 2010, 39 CLC (AD)

....een using the suit pond by various modes and while in such enjoyment, the local Tahsilder suddenly disclosed that the suit pond would be leased out on the plea that it was recorded in the name of the Government. The Government has no right, title and interest in the suit pond and it does not possess......l) Present: Md. Tafazzul Islam CJ Md. Abdul Matin J ABM Khairul Haque J Surendra Kumar Sinha J Gazipur Razzakia Janakallyan High School……………..Petitioner Vs. Govt. of Bangladesh…………...........Respondent Judgment January 4, 2010. Lawyers Involved: ......ivision (Civil) Present: Md. Tafazzul Islam CJ Md. Abdul Matin J ABM Khairul Haque J Surendra Kumar Sinha J Gazipur Razzakia Janakallyan High School……………..Petitioner Vs. Govt. of Bangladesh…………...........Respondent Judgment January 4, 2010. Lawye...... no merit in this leave petition. The petition is therefore, dismissed. Ed. This Case is also Reported in: VII ADC (2010) 581. ..

Category: Property Law | Date: | Hits: 26

Kanal Chandra Das being dead his heirs; Reba Rani and oth­ers Vs. Sree Nripendra Chandra Mandal and others, 2010, 39 CLC (AD)

....o prepare paper books out of Court in accordance with Rules. The order of stay granted earlier is extended till disposal of the appeal. Ed. This Case is also Reported in: VII ADC (2010) 577. ...... 2008 passed by the High Court Division in Civil Revision No.1576 of 2003). 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 13th day of October, 2008 passed b...... Court Appellate Division (Civil) Present: Mohammad Fazlul Karim J Md. Muzammel Hossain J Kanal Chandra Das being dead his heirs; Reba Rani and oth­ers……........Petitioners Vs. Sree Nripendra Chandra Mandal and others…………......Respondents Judgment January ......arlier is extended till disposal of the appeal. Ed. This Case is also Reported in: VII ADC (2010) 577. ..

Category: Property Law | Date: | Hits: 58

Mst. Komla Begum and another Vs. Md. Shahab Ali and others, 2010, 39 CLC (AD)

....hopadhya in S.A. Khatian Nos.1699 and 1163. Md. Yunus Ali Molla filed Miscellaneous Case No.1185 of 1969 for correction of record of right and accordingly, got his name corrected and paid rent to the Government. After the death of Yunus Ali, the respondent Nos.5-9 as his heirs and successors have be......ituted Tile Suit No.199 of 1977 in the 1st Court of Munsif, Magura, which was subse­quently transferred to the Munsif Court of Sreepur Upazila and was renumbered as Title Suit No.425 of 1983 against Bangladesh and others. The suit was for declaration of title and confirmation of possession alleging......ellate Division (Civil) Present: Md. Abdul Matin J ABM Khairul Haque J Md. Muzammel Hossain J Surendra Kumar Sinha J Mst. Komla Begum and another…………….Petitioners Vs. Md. Shahab Ali and others……………........Respondents Order March 15, 2010. L......ion in Writ Petition No.2258 of 2004 be stayed till disposal of the appeal. Ed. This Case is also Reported in: VII ADC (2010) 557. ..

Category: Property Law | Date: | Hits: 28

Surujit Bose (Raju) Vs. Bangladesh and others, 2010, 39 CLC (AD)

....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) 552. ...... ......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) 552. ......ner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VII ADC (2010) 552. ..

Category: Property Law | Date: | Hits: 23

Azizur Rahman Khan and others Vs. Md. Aynul Miah and others, 2010, 39 CLC (AD)

....r of stay granted earlier by this Court shall continue till disposal of the appeal. Let the appeal be made ready for expeditious hearing. Ed. This Case is also Reported in: VII ADC (2010) 545.......ion has been filed. 7. Mr. Masood R. Sobhan, the learned Advocate appearing on behalf of the petitioners, submits inter-alia that the suit property is an abandoned property and it was published in Bangladesh Gazette in 'Ka' list of the abandoned properties in 1986, that besides, the power of atto......late Division (Civil) Present: Mohammad Fazlul Karim CJ Md. Abdul Matin J ABM Khairul Haque J Md. Muzammel Hossain J Azizur Rahman Khan and others………………Petitioners Vs. Md. Aynul Miah and others…………….......Respondents Order March 10, 2010. La......the appeal be made ready for expeditious hearing. Ed. This Case is also Reported in: VII ADC (2010) 545...

Category: Property Law | Date: | Hits: 21

Md. Rustom Ullah and others Vs. Md. Zomiruddin and others, 2009, 38 CLC (AD)

....endant No.2, the Chairman of the Upazilla parishad spent the sanctioned money for the union parishad and when the Chairman of union parishad complained about it before the then Minister for the Local Government Rural Development (LGRD) on 17.2.86, the Minister referred the matter to defen­dant No.4...... decision and there is no illegali­ty or infirmity in the above decision so as to call for any interference. The petition is dismissed. Ed. This Case is also Reported in: VII ADC (2010) 541.......te Division (Civil) Present: MM Ruhul Amin CJ Md. Tafazzul Islam CJ Md. Abdul Matin J Md. Abdul Aziz J Md. Rustom Ullah and others………………………… Petitioners Vs. Md. Zomiruddin and others…………….......Respondents Judgment March 9, 2009. C......all for any interference. The petition is dismissed. Ed. This Case is also Reported in: VII ADC (2010) 541...

Category: Civil Law | Date: | Hits: 72

Faustina Pereira Vs. State, 2001, 30 CLC (HCD)

....n to the fact that 29 prisoners of different countries were languishing in the jail for about 5(five) years even after serving out their sentence. The Rule as issued upon the relevant Ministry of the Government and we have heard the learned Deputy Attorney General and the learned Advocate on behalf ......er appears that the Ministry of Home Affairs, also made contact with the Tanzanian Embassy regarding repatriation of 2(two) Tanzanian Prisoners. As regards 10(ten) prisoners of Myanmar, Government of Bangladesh has not yet taken any step and, as such, no contact was made with the Embassy of Myanmar ...... Supreme Court High Court Division (Criminal Revisional Jurisdiction) Present: Md. Hamidul Haque J Nazmun Ara Sultana J Faustina Pereira……………………….Petitioner Vs. State……………………………………Opposite Parties. Judgement May 22, 2001. ...... been taken by this time for the release. Ed. This Case is also Reported in: 53 DLR (2001) (HCD) 414...

Category: Constitutional Law | Date: | Hits: 123

Md. Abid Khan and others Vs. Government of Bangladesh and others, 2003, 32 CLC (HCD)

....003) 318. ......reme Court High Court Division (Special Original Jurisdiction) Present: Md. Hamidul Haque J Zinat Ara J Md. Abid Khan and others ..........…Petitioners Vs. The Government of Bangladesh and others ...........…Respondents Judgment May 5, 2003. Result: The Rule ......LR (HCD) (2003) 318. ......ce, 1982. Md. Hamidul Haque J.- I agree. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 318. ..

Category: Election Law | Date: | Hits: 94

Bangladesh Legal Aid and Services Trust (BLAST) Vs. Secretary, Ministry of Law, Justice and Parliamentary Affairs, 2008, 37 CLC (HCD)

....র পরে Clause (c) এবং (d) নিম্নলিখিতবাবে সংযোজন করা হয়:এবং “(C) `District Judge’ means the District Judge appointed by the Government in consultation with the Supreme Court of Bangladesh; (d) `Joint District Judge’ mea......লিখিতবাবে সংযোজন করা হয়:এবং “(C) `District Judge’ means the District Judge appointed by the Government in consultation with the Supreme Court of Bangladesh; (d) `Joint District Judge’ means the Joint District Judge appointed by the Governme......া হইল। বিচারপতি জনাব আব্দুল আউয়াল: আমি একমত । সমাপ্ত। This Case is also Reported in: 61 DLR (2009) 104. ......া হইল। বিচারপতি জনাব আব্দুল আউয়াল: আমি একমত । সমাপ্ত। This Case is also Reported in: 61 DLR (2009) 104. ..

Category: Constitutional Law | Date: | Hits: 117

State Vs. Zakaria Pintu alias Md. Zakaria Pintu and others, 2010, 39 CLC (AD)

....s dated 20.04.2010, praying for vacating the order of stay, granted earlier by this Division, stands rejected. Ed. This Case is also Reported in: 62 DLR (AD) (2010) 420, 31 BLD (AD) (2011) 20. ......the sides, perused the order dated 08.12.2009, and other papers kept in the paper-book. 12. Let me remind all concerned that as Superior Court of records both the Divisions of the Supreme Court of Bangladesh, enjoy a high degree of discretion in granting reliefs to the litigants but let it be kno......Mohammad Fazlul Karim CJ Md. Abdul Matin J Shah Abu Nayeem Mominur Rahman J A.B.M. Khairul Haque J Md. Muzammel Hossain J Surendra Kumar Sinha J The State. .......... Petitioner. Vs. Zakaria Pintu alias Md. Zakaria Pintu and others. ...... Respondents. Judgment June 6,......tands rejected. Ed. This Case is also Reported in: 62 DLR (AD) (2010) 420, 31 BLD (AD) (2011) 20. ..

Category: Criminal Law | Date: | Hits: 68

Advocate Md. Salahuddin Dolon Vs. Government of Bangladesh and Others, 2010, 39 CLC (HCD)

....preme Court High Court Division (Special Original Jurisdiction) Present: Syed Mahmud Hossain J Syeda Afsar Jahan J Advocate Md. Salahuddin Dolon…………….Petitioner Vs. Government of Bangladesh and Others…………..Respondents Judgment April 8, 2010. Resul...... High Court Division (Special Original Jurisdiction) Present: Syed Mahmud Hossain J Syeda Afsar Jahan J Advocate Md. Salahuddin Dolon…………….Petitioner Vs. Government of Bangladesh and Others…………..Respondents Judgment April 8, 2010. Result: The Rule......80. ......This Case is also Reported in: 63 DLR (HD) (2011) 80. ..

Category: Constitutional Law | Date: | Hits: 201

Gold Topps Co. Hong Kong and others Vs. Trading Corporation of Bangladesh and Another, 2000, 29 CLC (HCD)

.... Suit No. 22 of 1987 within three months from the date of receipt of this order. Communicate the order to the learned Court below at once. Ed. This Case is also Reported in: 53 DLR (2001) 280....... (Civil Revisional Jurisdiction) Present: Gour Gopal Saha J Sikder Maqbul Huq J Gold Topps Co. Hong Kong and others………………… Petitioner Vs. Trading Corporation of Bangladesh and Another…………………Opposite Party Judgment October 30, 2000. Cases...... Court High Court Division (Civil Revisional Jurisdiction) Present: Gour Gopal Saha J Sikder Maqbul Huq J Gold Topps Co. Hong Kong and others………………… Petitioner Vs. Trading Corporation of Bangladesh and Another…………………Opposite Party Judgment......tee NMC Model High School and others Vs. Obaidur Rahman Chowdhury and others, 31 DLR (AD) 133. Lawyers Involved: Shamiran Das Gupta with Sucharita Sen Gupta, Advocates—For the Petitioners. Md. Imam Ali, Advocate—For the Opposite Parties. Civil Revision No. 4673 of 1991. Judgment ..

Category: Civil Law | Date: | Hits: 91

Khandakar (Md.) Shahjahan Vs. Md. Atiar Rahman Monshi & others, 2000, 29 CLC (HCD)

....ehalf of petitioner are catalogued hereunder. (i) Learned District Judge cannot transfer Election Appeal to learned Subordinate Judge and learned Subordinate Judge is not contemplated in the Local Government (Union Parishad) Ordinance, 1983 and rules framed thereunder as Election Appellate Tribun......act circumstances of the case I direct the parties to bear their respective costs. Lower Court’s record be sent immediately as possible. Ed. This Case is also Reported in: 53 DLR (2001) 275.......also Reported in: 53 DLR (2001) 275.......diately as possible. Ed. This Case is also Reported in: 53 DLR (2001) 275...

Category: Election Law | Date: | Hits: 89

Star Medical Store Vs. Subordinate Judge, Artha Rin Adalat and other, 2001, 30 CLC (HCD)

....ears by this time. For the reasons and discussions made above, this writ petition does not merit and accordingly it is rejected summarily. Ed. This Case is also Reported in: 53 DLR (2001) 254....... Not represented- the Respondents. Writ Petition No. 1272 of 1998. Judgment Abu Sayeed Ahammed J. - This application under Article 102(a)(ii) of the Constitution of the Peoples Republic of Bangladesh has been filed by one Star Medical Store, represented by its proprietor Md. Habibur Rahma...... Supreme Court High Court Division (Special Original Jurisdiction) Present: Abu Sayeed Ahammed J Khademul Islam Chowdhury J Star Medical Store………………….Petitioner Vs. Subordinate Judge, Artha Rin Adalat and others…….Respondents Judgment January 18, 2......nts Judgment January 18, 2001. Cases Referred To- Hazi Joynal Abedin Vs. State 30 DLR 371 and Colonial Sugar Reining Company Ltd. Vs. Irving (appeal Cases 1905). Lawyers Involved: Md. Fazlul Karim, Advocate—For the Petitioner. Not represented- the Respondents. Writ Petiti..

Category: Civil Law | Date: | Hits: 93

Fazlur Rahman & 38 others Vs. Government of Bangladesh and others, 1999, 28 CLC (HCD)

....preme Court High Court Division (Special Original Jurisdiction) Present: Mohammad Fazlul Karim J Md. Tafazzul Islam J Fazlur Rahman & 38 others……..Petitioners Vs. Government of Bangladesh and others…………….Respondents Judgment March 22, 1999. C...... High Court Division (Special Original Jurisdiction) Present: Mohammad Fazlul Karim J Md. Tafazzul Islam J Fazlur Rahman & 38 others……..Petitioners Vs. Government of Bangladesh and others…………….Respondents Judgment March 22, 1999. Cases Referred ......37.......s, are hereby vacated. Ed. This Case is also Reported in: 53 DLR (2001) 237...

Category: Constitutional Law | Date: | Hits: 109

Mariam Begum Vs. State & another, 2000, 29 CLC (HCD)

....of Criminal Procedure by the learned Sessions Judge. In the result, the Rule is discharged. The stay granted earlier is hereby vacated. Ed. This Case is also Reported in: 53 DLR (2001) 226.......hers, reported in 35 DLR (AD) 127, 3 BLD (1983) (AD) 279, that the supervisory power of the High Court Division has been guaranteed under Article 109 of the Constitution of the People’s Republic of Bangladesh and the supervisory jurisdiction of the High Court Division having thus been protected th......01) 226.......er is hereby vacated. Ed. This Case is also Reported in: 53 DLR (2001) 226...

Category: Criminal Law | Date: | Hits: 40

Fulbaria Adarsha Market Dokandar Malik Samity Vs. Fulbaria Adarsha Market Khatigrashta Kallyan Samabaya Samity Dokandar & others, 2001, 30 CLC (HCD)

....d with Order 1 rule 10 of the Code of Civil Procedure for adding them as parties in the suit. 8. In the applications, it is stated that after Fulbaria Railway Station was shifted to Kamalapur, the Government transferred the suit land along with other lands to the Dhaka City Corporation. Then, in ......im order of injunction in mandatory form dated 29-11-2000 is hereby set aside. No order as to cost. Communicate this order to the Court. Ed. This Case is also Reported in: 53 DLR (2001) 220. ......53 DLR (2001) 220. ......rty and others; 15 BLD (AD) 95 in para 23; Razia Begum Vs. Shahebzadi Anwara Begum, AIR 1958 (SC) 886; Babul Kanti Das Vs. Abul Hashem, 47 DLR (AD) 6; National Bank of India Vs. Yakub Ali, 7 DLR 606; Md. Ashid Ali Vs. Province of East Pakistan, 22 DLR 694. Lawyers Involved: Mahbubey Alam wit..

Category: Civil Law | Date: | Hits: 84