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Sarwar Hossain Moni Vs. State and another, 2011, 40 CLC (AD)
....ns are disposed of analogously by this order. 2. For our convenience we would like to narrate facts in Criminal Petition No.478 of 2010. The petitioner issued a Cheque on 30th April, 2008 drawn on Bangladesh Commerce Bank Limited, Bangshal Branch in favour of the respondent No. 2 which was presen......ate Division (Criminal) Present ABM Khairul Haque CJ Md. Muzammel Hossain J SK Sinha J Sarwar Hossain Moni..........................................Petitioner (In both the cases) Vs. State and another.............................................Respondents (In both the cases......rrived at a correct decision. We, therefore, find no reason to interfere with the same. These petitions are accordingly dismissed. Ed. This Case is also Reported in: 16 BLC (AD) (2011) 71. ......rrived at a correct decision. We, therefore, find no reason to interfere with the same. These petitions are accordingly dismissed. Ed. This Case is also Reported in: 16 BLC (AD) (2011) 71. ..Category: Criminal Law | Date: | Hits: 118
Privatization Commission Vs. Golam Mostafa and others, 2011, 40 CLC (AD)
....ing facts: Government could not run Deshbandhu Sugar Mills (the Mills) properly because of multifarious difficulties. In 1983, the Government of Denmark sanctioned a grant to the Government of Bangladesh to the tune of 200 million Danish Crooner out of which 65 million was allocated to the Ba......1) 239. ......h costs of Taka 50,000. The judgment and order of the High Court Division is set aside. Ed. This Case is also Reported in: 16 BLC (AD) (2011) 67, 31 BLD (AD) (2011) 173, 16 MLR (AD) (2011) 239. ......h costs of Taka 50,000. The judgment and order of the High Court Division is set aside. Ed. This Case is also Reported in: 16 BLC (AD) (2011) 67, 31 BLD (AD) (2011) 173, 16 MLR (AD) (2011) 239. ..Category: Civil Law | Date: | Hits: 90
Provas Chandra Banik Vs. Naresh Chandra Banik and others, 2009, 38 CLC (AD)
....e find no substance in the submission of the learned Advocate for the petitioner. The leave petition is thus dismissed having no merit. Ed. This Case is also Reported in: 16 BLC (AD) (2011) 62. ......ellate Division (Civil) Present: MM Ruhul Amin CJ Md. Abdul Matin J Md. Abdul Aziz J Md. M Hossain J Provas Chandra Banik ...........................................Petitioner Vs. Naresh Chandra Banik and others...........................Respondent Judgment August 2,......eave petition is thus dismissed having no merit. Ed. This Case is also Reported in: 16 BLC (AD) (2011) 62. ......e find no substance in the submission of the learned Advocate for the petitioner. The leave petition is thus dismissed having no merit. Ed. This Case is also Reported in: 16 BLC (AD) (2011) 62. ..Category: Property Law | Date: | Hits: 75
Shoaib (Md.) Vs. Uttara Bank Ltd. and another, 1990, 19 CLC (HCD)
....litical unrest started in the country and during the whole year of 1971 the petitioner was unable to make his name entered in the share register of the company as a share‑holder. After emergence of Bangladesh President's Order No. 26 of 1972 was promulgated and by that Presidential Order all sched......in: 43 DLR (1991) 329. ......rtificates and original instruments of transfer of share on furnishing the photo copies of the same duly certified by the learned Advocate. Ed. This Case is also Reported in: 43 DLR (1991) 329. ......rtificates and original instruments of transfer of share on furnishing the photo copies of the same duly certified by the learned Advocate. Ed. This Case is also Reported in: 43 DLR (1991) 329. ..Category: Company Law | Date: | Hits: 175
Saifur Rahman Vs. Government of Bangladesh, 1990, 19 CLC (HCD)
....Original Jurisdiction) Present: Bimalendu Bikash Roy Chowdhury J Naimuddin Ahmed J Saifur Rahman………………………………………………..Petitioner. Vs. Government of Bangladesh, represented by the Secretary, Ministry of Land Administration and Land Reforms, Dhak......Division (Special Original Jurisdiction) Present: Bimalendu Bikash Roy Chowdhury J Naimuddin Ahmed J Saifur Rahman………………………………………………..Petitioner. Vs. Government of Bangladesh, represented by the Secretary, Ministry of Land Administration and......d 19.11.86 as at Annexure 'H' and Tare declared to be without lawful authority and are of no legal effect. There is no order as to cost. Ed. This Case is also Reported in: 43 DLR (1991) 210. ......d 19.11.86 as at Annexure 'H' and Tare declared to be without lawful authority and are of no legal effect. There is no order as to cost. Ed. This Case is also Reported in: 43 DLR (1991) 210. ..Category: Property Law | Date: | Hits: 63
Abdul Awal Mia (Md.) Vs. Sonali Bank & others, 1990, 19 CLC (HCD)
....t the said Manager with the help of duplicate keys in his custody about which this defendant was kept in dark and in collusion with the guard defalcated the said amount. 4. The defendant No. 2 the Bangladesh Insurance filed a written statement stating that this defendant would not contest the sui......(1991) 201.......t. Ed. This Case is also Reported in: 43 DLR (1991) 201.......nd decree of the learned Subordinate Judge are set aside and the suit is dismissed on contest against the added defendant No. 3 without cost. Ed. This Case is also Reported in: 43 DLR (1991) 201...Category: Civil Law | Date: | Hits: 82
Deputy General Manager, Rupali Bank Ltd. Vs. Shah Jalal and others, 1990, 19 CLC (HCD)
.... It is against this order the contesting defendant has obtained the present rule. 3. It is submitted on behalf of the petitioner that Article 117(2) of the Constitution of the People's Republic of Bangladesh provides that when an Administrative Tribunal is established no court shall entertain any......1991) 193.......decision by the Trial Court on very independent issues without making any piecemeal of them." The Rule is, accordingly, discharged without Ed. This Case is also Reported in: 43 DLR (1991) 193.......decision by the Trial Court on very independent issues without making any piecemeal of them." The Rule is, accordingly, discharged without Ed. This Case is also Reported in: 43 DLR (1991) 193...Category: Employment/Service Law | Date: | Hits: 64
Idris Mia (Md.) Vs. Promode Ranjan Das & others, 1992, 21 CLC (HCD)
....or but in its cause title the profession of the pre‑emptor is clearly stated as "গৃহস্থী" the dictionary meaning of which is a "house holder" but in the context of the village life in Bangladesh and in a wider sense it includes a cultivator also. If the purchaser pre‑emptee intende...... is also Reported in: 45 DLR (HCD) (1993) 127.......J Idris Mia (Md.)…………………Petitioner Vs. Promode Ranjan Das & others…………………Opposite Parties Judgment May 7, 1992. Cases Referred To- Abdur Rahman @ Abdul Rahman Vs. Mokles Ali, 31 DLR (AD) 118; Nayeb Ali and others Vs. Akhtar Rahman and others, 29 ......tion of law I find that the application for pre‑emption has been rightly allowed. The rule is, therefore, disclosed without costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 127...Category: Property Law | Date: | Hits: 72
Ismail Mohammad Vs. Motasim Ali Chowdhury, 1993, 22 CLC (HCD)
.......Petitioner Vs. Motasim Ali Chowdhury...................... ....Opposite Party Judgment January 13, 1993. Cases Referred To- Alokeshi Banik Vs. Aftabuddin, PLD 1963 Dhaka 87; M/s. Bangladesh Rubber Industries Vs. Lutfunnessa, 1983 BLD (AD) 220; Shamsul Huque alias Ratan Mia Vs. S......rted in: 45 DLR (HCD) (1993) 123.......ontested the suit by filing written statement denying all material allegations made in the plaint contending, inter alia, that jamindar Narayan Roy Chowdhury settled CS plot Nos. 101, 103, 104 to one Abdul Hye and handed over possession and the owner also handed over possession to him part of Plot N......record. The learned Advocate may move an application before the trial Court, if so advised. Accordingly the application is disposed of. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 123...Category: Property Law | Date: | Hits: 79
Abul Kasem Talukder Vs. Shamsul Hoque Shawdagar, 1991, 20 CLC (HCD)
....a having secured 8214 votes. There were three other contestants including Opposite Party No.1 who polled the second highest number of votes i.e. 5896 votes. After the publication of the result in the Bangladesh Gazette on 20.5.88 Opposite Party No.1 presented an election petition marked as Election ...... 45 DLR (HCD) (1993) 121. ......he election of the petitioner as being void is set aside and the election petition dismissed without, however, any order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 121. ......he election of the petitioner as being void is set aside and the election petition dismissed without, however, any order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 121. ..Category: Election Law | Date: | Hits: 129
Mahbubur Rahman Khan @ Tipu Vs. State, 1993, 22 CLC (HCD)
....pugned judgment. In the result, the appeal is dismissed. Let the LC Record of the case be sent down to the Court below at once. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 117. ......7. ......pugned judgment. In the result, the appeal is dismissed. Let the LC Record of the case be sent down to the Court below at once. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 117. ......pugned judgment. In the result, the appeal is dismissed. Let the LC Record of the case be sent down to the Court below at once. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 117. ..Category: Criminal Law | Date: | Hits: 75
Meghna Petroleum Limited Vs. Commissioner of Taxes, 1992, 21 CLC (HCD)
....ti Narayana Rao Vs. Commissioner of Income Tax, Hyderabad, 29 ITR 222. Mr. Huq also points out to us that the applicant‑company is fully “owned” by the Government and is a subsidiary company of Bangladesh Petroleum Corporation. He further submits that if the stay order is granted there would b......t High Court Division (Special Statutory Jurisdiction) Present: AM Mahmudur Rahman J Syed JR Mudassir Husain J Meghna Petroleum Limited.. ................Applicant‑Petitioner Vs. Commissioner of Taxes (East Zone) presently Taxes Zone 3, Dhaka……………….Respondent-...... and the authorities below are directed to stay realisation of tax as demanded till decision of the Reference Application. No costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 115....... and the authorities below are directed to stay realisation of tax as demanded till decision of the Reference Application. No costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 115...Category: Fiscal/Taxation Law | Date: | Hits: 98
State Vs. Md. Monirul Islam alias Nirab and others, 2011, 40 CLC (AD)
....ver lies with the legislature and the Courts are not in a position to give any relief to such a person if there is no provision is law entitling them to admit him to bail." 27. After liberation of Bangladesh, the Code of Criminal Procedure was amended by the Law reforms Ordinance, 1978 (Ordinance...... Appellate Division (Criminal) Present ABM Khairul Haque CJ Md. Muzammel Hossain J SK Sinha J State...................................................................Petitioner Vs. Md. Monirul Islam alias Nirab and others..................Respondents Judgment January......A 121 (19944-45); Hidayat Uliah Khan Vs. Crown, PLD 1949 Lal 21; Crown Vs. Khushi Muhammad, 5 DLR (FC) 86; Sadiq Ali Vs. State, 18 DLR (SC) 393; Muhammad Ayub Vs. Muhammad Yaqub, 19 DLR 38; Salauddin Abdul Samad Shaikh Vs. State of Maharashtra, 1996 (Cri) 198; State of Andhra Pradesh Vs. Bimal Krish...... Muhammad Ayub Vs. Muhammad Yaqub, 19 DLR 38; Salauddin Abdul Samad Shaikh Vs. State of Maharashtra, 1996 (Cri) 198; State of Andhra Pradesh Vs. Bimal Krishon Kundu, AIR 1997 SC 3589; State Vs. Abdul Wahab Shah Chowdhury, 51 DLR (AD) 242. Lawyers Involved: Momtazuddin Fakir, Additional Attorn..Category: Criminal Law | Date: | Hits: 89
Moazzem Hossain Chowdhury (Md.) Vs. Bangladesh, 1990, 19 CLC (HCD)
....preme Court High Court Division (Special Original Jurisdiction) Present: DM Ansaruddin Ahmed J Abdul Hasib J Moazzem Hossain Chowdhury (Md.).................... Petitioner Vs. Bangladesh represented by the Secretary, Ministry of Home Affairs Government of Bangladesh and other......86. ......r be communicated at once. Ed. This Case is also Reported in: 43 DLR (1991) 186. ......if he is not wanted in connection with any other case. The Rule is accordingly made absolute. Let this order be communicated at once. Ed. This Case is also Reported in: 43 DLR (1991) 186. ..Category: Constitutional Law | Date: | Hits: 172
Budhiswar Biswas Vs. Akbar Ali Sheikh and others, 1990, 19 CLC (HCD)
....nd hence those are set aside resulting in the dismissal of the suit. This rule is, accordingly made absolute without any order as to cost. Ed. This Case is also Reported in: 43 DLR (1991) 183.......rted in: 43 DLR (1991) 183.......efendant would convey the suit land if the plaintiff pays Tk. 1000.00 to the defendant within the month of Aswin but the defendant did not reconvey the suit land as per the term of the salish. PW 4 Abdul Jalil Shaikh, Chairman of the Local Union Parishad deposed that a salish was held over the sui......nd hence those are set aside resulting in the dismissal of the suit. This rule is, accordingly made absolute without any order as to cost. Ed. This Case is also Reported in: 43 DLR (1991) 183...Category: Property Law | Date: | Hits: 74
Gura Meah Vs. Hari Pada Parial & others, 1990, 19 CLC (HCD)
....ppeal No.79 of 1971as representative of Nirode Baran. The Appellate Court allowed the appeal on the ground that the Trial Court decreed the suit during the war of liberation and the decree was hit by Bangladesh Legal Proceedings Order, 1972 and remanded the suit for fresh trial with a direction to i......so Reported in: 43 DLR (1991) 181.......ubstance in this appeal for what have been discussed above. In the result, the appeal is dismissed but there will be no order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 181.......ubstance in this appeal for what have been discussed above. In the result, the appeal is dismissed but there will be no order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 181...Category: Property Law | Date: | Hits: 69
Ghyas Siddique Vs. Bangladesh, 1990, 19 CLC (HCD)
.... Jurisdiction) Present: Fazle Hussain Mohammad Habibur Rahman J Habibul Islam Bhuiyan J Ghyas Siddique……………………….....................................Petitioner Vs. Bangladesh, represented by the Secretary of Home Affairs............Respondent. Judgment April......riginal Jurisdiction) Present: Fazle Hussain Mohammad Habibur Rahman J Habibul Islam Bhuiyan J Ghyas Siddique……………………….....................................Petitioner Vs. Bangladesh, represented by the Secretary of Home Affairs............Respondent. Judgment ......ills and another AIR 1960 (SC) 378(380) and Liversiege Vs. Anderson 1942 Appeal Cases 206. Lawyers Involved: Khondker Mahbubuddin Ahmed with Abdur Razzaque, Advocates ‑ For the Petitioner. Abdul Wadud Bhuiyan, Additional Attorney-General with AF Hasan Ariff, Deputy Attorney General ‑F......the rescinding of the impugned order by the Government. The Rule is, therefore, discharged as infructuous without any order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 179. ..Category: Criminal Law | Date: | Hits: 71
Chairman, Rural Electrification Board Vs. Md. Awlad Hossain and Others, 2010, 39 CLC (AD)
....ourt Division in Writ Petition No.6469 of 2008 making the Rule absolute. 2. The facts of the case, in brief, are that the writ petitioner-respondent No.1 after completion of B.Sc. Engineering from Bangladesh University of Engineering and Technology (BUET) joined the Power Development Board as an ......ammel Hossain J SK Sinha J The Chairman, Rural Electrification Board, Head Quarter Building, Nikunja-2, Khilkhet, Dhaka-1229………………………………………………Petitioner Vs. Md. Awlad Hossain and Others………………………………Respondent Judgment Feb......ted in: 31 BLD (AD) (2011) 73, 31 BLD (AD) (2011) 73, 16 BLC (AD) (2000) 111 & 8 LG (AD) (2011) 85. ......e petition. Accordingly, the leave petition is dismissed. Ed. This Case is also Reported in: 31 BLD (AD) (2011) 73, 31 BLD (AD) (2011) 73, 16 BLC (AD) (2000) 111 & 8 LG (AD) (2011) 85. ..Category: Employment/Service Law | Date: | Hits: 175
Abdul Kader (Md.) Vs. Md. Abdul Rafi Prodhan and other, 1989, 18 CLC (HCD)
....ly, the poll took place at the adjourned centres on 15.4.88 and the petitioner was declared to have been elected as the Chairman of the said Union Parishad. After the publication of the result in the Bangladesh Gazette opposite party No. 1 presented an election petition before the Election Tribunal,...... 166.......nt down at once. Ed. This Case is also Reported in: 43 DLR (1991) 166.......e, I find no substance in this Rule. The Rule is, accordingly, discharged with costs. Let the records of the case be sent down at once. Ed. This Case is also Reported in: 43 DLR (1991) 166...Category: Election Law | Date: | Hits: 130
Kadu and others Vs. State, 1990, 19 CLC (HCD)
....de. They be set at liberty forthwith if they are not wanted in any other connection. Let the lower Court's records be sent down at once. Ed. This Case is also Reported in: 43 DLR (1991) 163. ...... ......ssain heard about the occurrence from PWs 2,4, and 6 and lodged the First Information Report Ext. 2 at Khaliajury Police station on 10.4.75 at 9 AM about 15 hours after the occurrence. 3. PW 3 ASI Abdul Malek took preliminary steps. He held inquest on the dead body of Asak Ali and seized blood st......de. They be set at liberty forthwith if they are not wanted in any other connection. Let the lower Court's records be sent down at once. Ed. This Case is also Reported in: 43 DLR (1991) 163. ..Category: Criminal Law | Date: | Hits: 74
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