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Government of the People's Republic of Bangladesh & another Vs. Shahjahan & others, 2012, 41 CLC (AD)

.... 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: 64 DLR (AD) (2012) 113. ...... 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: 64 DLR (AD) (2012) 113. ......Present: Md. Muzammel Hossain CJ SK Sinha J MA Wahab Miah J Nazmun Ara Sultana J Syed Mahmud Hossain J Md. Shamsul Huda J Government of the People's Republic of Bangladesh & anr............Appellants Vs. Shahjahan & others ......................

Category: Employment/Service Law | Date: 22 Mar, 2012 | Hits: 151

Mokbul Hossain Mridha and others Vs. Md. Shamsul Haq Sarder and others, 2012, 41 CLC (AD)

....s the plaintiff instituted other Class Suit No.44 of 1993 in the Court of the Assistant Judge, Durgapur, Rajshahi against the defendants-appellants and other defendants-respon­dents praying for a declaration of title in respect of the suit land described in schedule 'B' to the plaint. Th......ly, the Appeal is allowed and the impugned judgment and order dated 21-4-2003 is hereby set aside. There is no order as to costs. Ed. This Case is also Reported in: 64 DLR (AD) (2012) 97. ......ly, the Appeal is allowed and the impugned judgment and order dated 21-4-2003 is hereby set aside. There is no order as to costs. Ed. This Case is also Reported in: 64 DLR (AD) (2012) 97. ..

Category: Procedural Law | Date: 20 Mar, 2012 | Hits: 88

Chittagong Zilla Parishad Vs. Nurul Haque and others, 2012, 41 CLC (AD)

....1st Court of Assistant judge, Sadar, Chittagong which was subsequently trans­ferred to the 3rd Court of Assistant Judge, Chittagong and was renumbered as Other Suit No.156 of 1990. That suit was for declaration of title and for permanent injunction. 3. The case of the plaintiff, in short, was ......the paper book out of court in accordance with Rules. The order of stay granted earlier be extended till disposal of the appeal. Ed. This Case is also Reported in: 9 ADC (2012) 760. ......the paper book out of court in accordance with Rules. The order of stay granted earlier be extended till disposal of the appeal. Ed. This Case is also Reported in: 9 ADC (2012) 760. ..

Category: Property Law | Date: 19 Mar, 2012 | Hits: 76

AHM Kamruzzaman Khan Vs. Register, Joint Stock Companies & Firms 24-25 Dilkusha C/A, Dhaka and other, 2012, 41 CLC (HCD)

....ayment of the balance amount government charged penal interest, the plaintiff filed a title suit being No.9 of 1999 (re-numbered) before Joint District Judge, Dhaka against the defendant no. 10 for a declaration that the excess amount of money demanded by the government is wrong, unlawful and not bi......39;s records along with a copy of this judgment at once. Nozrul Islam Chowdhury J. - I agree. Ed. This Case is also Reported in: 18 MLR (HCD) (2013) 289, 19 BLC (HCD) (2014) 18. ...... Director in a meeting held in the Kuliarchar Ground Nut Mill, wherein, defendant Nos. 2-6 were shown present in that meeting and passed the said resolution, though the defendant Nos. 3-5 were out of Bangladesh at the relevant period. On getting that information the plaintiff filed a General Diary e..

Category: Company Law | Date: 19 Mar, 2012 | Hits: 689

Md. Nurul Islam Khan and others Vs. Azizul Islam and others, 2012, 41 CLC (AD)

....a deed dated 29th June, 1974 executed by the defendant No.2 in favour of the defen­dant No.1, Azizul Islam, who also institut­ed Title Suit No.225 of 1983 renumbered as Title Suit No.89 of 1999 for declaration of title and recovery of khas possession of the suit property. The plaint case of the pl...... paper book out of court in accordance with rules. The order of stay granted earlier shall continue till disposal of the appeals. Ed. This Case is also Reported in: 9 ADC (2012) 635. ...... paper book out of court in accordance with rules. The order of stay granted earlier shall continue till disposal of the appeals. Ed. This Case is also Reported in: 9 ADC (2012) 635. ..

Category: Procedural Law | Date: 19 Mar, 2012 | Hits: 119

Luthfor Rahman (Md.) Vs. Bangladesh & others, 2012, 41 CLC (HCD)

.... judgment and decree dated 1-12-2009 passed by the learned Joint District Judge, 1st Court, Chandpur, dismissing Title Suit No.5 of 2006. 2. Plaintiff instituted the aforesaid suit for following declaration:— “সে মতে বাদীপক্ষের বিনীত প......s set-aside. Title Suit No.5 of 2006 is decreed. 21. Send down the lower court records. Communicate this judgment at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 124. ...... (Civil Appellate Jurisdiction) Present: Sharif Uddin Chaklader J  Krishna Debnath J  Luthfor Rahman (Md.) and another.............Plaintiff-Appellants Vs. Bangladesh & others……………….....................Defendan..

Category: Others | Date: 18 Mar, 2012 | Hits: 5

Dhaka New Market Vs. City Corporation, 2012, 41 CLC (HCD)

....om doing so in future. 20. With the above observations and findings this Rule is disposed of without any order as to costs. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 221 ......om doing so in future. 20. With the above observations and findings this Rule is disposed of without any order as to costs. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 221 ......…………...........Respondents Judgment March 14, 2012 Result: Rule is disposed of. Cases Referred to- Kamaluddin Vs.Secretary, Ministry of Land, Bangladesh 56 DLR (AD) 212; Omar Sadat Vs. Bangladesh 6 BLC 289. Lawyers Involved: Aneek R..

Category: Administrative Law, Constitutional Law | Date: 14 Mar, 2012 | Hits: 2

Swadhin Chandra Mandal and others Vs. Bangladesh University Grants Commission (UGC), 2012, 41 CLC (HCD)

....gy University be allowed to continue with their regular studies accordingly. However, there shall be no order as to costs. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 166. ......gy University be allowed to continue with their regular studies accordingly. However, there shall be no order as to costs. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 166. ...... (Special Original Jurisdiction) Present: Mirza Hussain Haider J Md. Khurshid Alam Sarkar J Swadhin Chandra Mandal and others............................Petitioners Vs. Bangladesh University Grants Commission (UGC) and others........Respondents Judgment  ..

Category: Others | Date: 14 Mar, 2012 | Hits: 5

Industrial Promotion and Development of Bangladesh Limited (IPDC) and another Vs. Mrs. Mohsina Rahman and others, 2012, 41 CLC (AD)

....r to make the appeal ready for hearing. This appeal will be heard along with Civil Appeal Nos.307 of 2008 and 447 of 2007 for hearing. Ed. This Case is also Reported in: 9 ADC (2012) 865. ......r to make the appeal ready for hearing. This appeal will be heard along with Civil Appeal Nos.307 of 2008 and 447 of 2007 for hearing. Ed. This Case is also Reported in: 9 ADC (2012) 865. ......dra Kumar Sinha J Md. Abdul Wahhab Miah J Nazmun Ara Sultana J Syed Mahmud Hossain J Muhammad Imman Ali J Md. Shamsul Huda J Industrial Promotion and Development of Bangladesh Limited (IPDC) and another..................Petitioners Vs. Mrs. Mohsina Rahman..

Category: Banking Law | Date: 12 Mar, 2012 | Hits: 7

Noor Jahan Begum Vs. Chairman, BSCIC and others, 2012, 41 CLC (HCD)

.... No.1022 (F) of 2005 is accordingly discharged. Send down the lower court records. Communicate this judgment at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 12.  ...... No.1022 (F) of 2005 is accordingly discharged. Send down the lower court records. Communicate this judgment at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 12.  ......9-9-2005 passed by the learned Joint District Judge, Second Court, Gazipur, dismis­sing Title Suit No.4 of 2002. 2. Plaintiff's case, is that, plaintiff was allotted plot No.151 of Tongi Bangladesh Small and Cottage Industry (BSIC) Industrial Area and he installed a company under name a..

Category: Civil Law | Date: 12 Mar, 2012 | Hits: 10

Assistant Horticulturist, Agriculture Extension Division, Crop Section Vs. M. A. Sattar Bhuiyan, 2012, 41 CLC (AD)

....d dis­posal afresh. The impugned judgment and order passed by the High Court Division in Civil Revision No.314 of 2005, is set aside. Ed. This Case is also Reported in: 9 ADC (2012) 644. ......influence upon the tahshilder and as such the said mutation was cancelled legally and a proceeding was started in the Anti-Corruption Department against that tahshilder and circle officer. That after independence of Bangladesh the non-Bengali owner of the suit land along with other lands left this c......he tahshilder and as such the said mutation was cancelled legally and a proceeding was started in the Anti-Corruption Department against that tahshilder and circle officer. That after independence of Bangladesh the non-Bengali owner of the suit land along with other lands left this country and as su..

Category: Property Law | Date: 12 Mar, 2012 | Hits: 94

Human Rights and Peace for Bangladesh (HRPB) Vs. Bangladesh and others, 2012, 41 CLC (HCD)

.... Administration, Ministry of Home Affairs and Ministry of Foreign Affairs for taking necessary steps in accordance with the directions given above. Ed. This Case is also Reported in: ...... Administration, Ministry of Home Affairs and Ministry of Foreign Affairs for taking necessary steps in accordance with the directions given above. Ed. This Case is also Reported in: ...... Supreme Court High Court Division (Special Original Jurisdiction) Present: Mirza Hussain Haider J Muhammad Khurshid Alam Sarkar J Human Rights and Peace for Bangladesh (HRPB), represented by its secretary Asaduzzaman Siddiqui…………………….... Pe..

Category: Constitutional Law | Date: 8 Mar, 2012 | Hits: 17

Jamuna Builders Ltd Vs. Bangladesh and others, 2012, 41 CLC (HCD)

....oining the Government which shall be a necessary party, file or proceed with any suit. (a) for the specific performance of any contract relating to the transfer of any immoveable property or for declaration of title to, or assertion of ownership of, any such property." 7. On a reading......e) year from the date of receive of this judgment. Send down the lower Court records. Communicate this order at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 219. ...... (Civil Revisional Jurisdiction) Present: Sharif Uddin Chaklader J Krishna Debnath J Jamuna Builders Ltd....................Plaintiff-Opposite Party-Petitioner Vs. Bangladesh and others…...........Proforma-Defendant-Petitioner Opposite-Parties Judgment..

Category: Abandoned Properties Law, Property Law | Date: 5 Mar, 2012 | Hits: 18

Chittagong Steel Mills Ltd. Vs. TM Syndicate & others, 2012, 41 CLC (HCD)

....btor-petitioner we find rule is incompetent. We find no substance in this rule. In the result, this rule is discharged. No costs. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 350. ......btor-petitioner we find rule is incompetent. We find no substance in this rule. In the result, this rule is discharged. No costs. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 350. ......rs make it clear that it is mandatory. Unless there be any security deposited to the satisfaction of the Court no award can be chal­lenged…………………………(10) Cases Referred to- Bangladesh Water Development Board Vs. Prakaushali, 49 DLR 335; Bangladesh Water Development Board V..

Category: Alternative Dispute Resolution | Date: 4 Mar, 2012 | Hits: 316

Abdul Wahab Sheikh Vs. Md. Kamal Hossain alias Md. Kalam Hossain & Others, 2012, 41 CLC (AD)

....n (2) of Section 29 of the Limitation Act have made it very clear. However, this appeal is disposed of with the above observations. Ed. This Case is also Reported in: 20 BLT (AD) (2012) 282. ......n (2) of Section 29 of the Limitation Act have made it very clear. However, this appeal is disposed of with the above observations. Ed. This Case is also Reported in: 20 BLT (AD) (2012) 282. ......unal was barred by limitation. II. Whether the law laid down on the construction of section 14 read with section 29(2) of the Limitation Act in the case of Abu Basher Vs. Investment Corporation of Bangladesh and another reported in 52 DLR (AD) 178 is the correct statement of law." 8. So the on..

Category: Limitation Law | Date: 3 Mar, 2012 | Hits: 208

M/s. Sadharan Bima Corporation Vs. United Fish Exports Limited and others, 2012, 41 CLC (AD)

....transit marine cover on 10-05.1992 for 420 master cartons frozen shrimps and the said marine cover was valid for shrimps from 10.05.1992 till midnight of 09.05.1993 unless it was exhausted earlier by declaration. The tran­sit marine covered the risk in between the cold storage and the ships and the......t that there is no merit in these Civil Petitions for leave to appeal and in the circumstances both the civil petitions are dismissed. Ed. This Case is also Reported in: 9 ADC (2012) 563. ......That the appoint­ed surveyor M/s. Asian Surveyor visited the cold storage on 26.05.1992 and sub­mitted report on 07.12.1992 and Mr. M. Alauddin, the consulting engineer of Cold Storage Association, Bangladesh submit­ted his report and it was found by both of them that the whole machineries were o..

Category: Business or Commercial Law | Date: 26 Feb, 2012 | Hits: 616

Rahima Khatun and another Vs. Sufia Begum and others, 2012, 41 CLC (HCD)

....ntiff never been in possession of the suit land. Depositions on this score by the plaintiff's witnesses does not inspire to hold plaintiff got possession of the suit land as such, a suit for only declaration of title without any consequential relief is not maintainable. 11. In the result, t......s restored. 13. Send down the lower Court records. Communicate this order at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 191  21 BLT (HCD) (2013) 39   ......operty……(9) Cases Referred to- Fakhruddin Mia Vs. Mohammad Khodaboksh Sheikh, 29 DLR (AD) 268; Sontosh Kumar Chakra-borty Vs. MA Motaleb Hossain, 36 DLR (AD)248; Government of Bangladesh, represented by the Secretary Ministry of Works, Bangladesh Secretariat Vs. Chand Mia, 44..

Category: Property Law | Date: 23 Feb, 2012 | Hits: 6

Mamun-ur-Rashid (Md.) Vs. Secretary, Ministry of Law and others, 2012, 41 CLC (HCD)

....rlier by this Division at the time of issuing of the rule is hereby vacated and recalled. Communicate at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 162.   ......rlier by this Division at the time of issuing of the rule is hereby vacated and recalled. Communicate at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 162.   ...... Secretary, Ministry of Law and others............Respondents Judgment  February 23, 2012. Result: The Rule is discharged. Cases Referred to- Haji MA Razzaque Vs. Bangladesh Bank and another, writ petition No.9231 of 2010. Lawyers Involved: ATM Mizanur ..

Category: Civil Law, Procedural Law | Date: 23 Feb, 2012 | Hits: 7

Government of Bangladesh and others Vs. Mozammel Haque and others, 2012, 41 CLC (AD)

....nt lease of the land in question in accordance with law. This leave petition is thus disposed of with the above observation and direction. Ed. This Case is also Reported in:9 ADC (2012) 674. ......nt lease of the land in question in accordance with law. This leave petition is thus disposed of with the above observation and direction. Ed. This Case is also Reported in:9 ADC (2012) 674. ......ent: Surendra Kumar Sinha J Md. Abdul Wahhab Miah J Nazmun Ara Sultana J Syed Mahmud Hossain J Muhammad Imman Ali J Md. Shamsul Huda J Government of the People's Republic of Bangladesh rep­resented by its Secretary, Ministry of Land, Bangladesh Secretariat Building, Abdul ..

Category: Civil Law | Date: 23 Feb, 2012 | Hits: 156

Human Rights and Peace for Bangladesh (HRPB) and others Vs. Bangladesh and others, 2012, 41 CLC (HCD)

....e made absolute without any order on costs. The authorities are directed to stop collection of user fees at the government hospitals forthwith. Ed. This Case is also Reported in: ......e made absolute without any order on costs. The authorities are directed to stop collection of user fees at the government hospitals forthwith. Ed. This Case is also Reported in: ...... ..

Category: Constitutional Law | Date: 19 Feb, 2012 | Hits: 14