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Bangladesh Krishi Bank Vs. M/s. Dadajee Ice Plant and Cold storage Ltd. and others, 2010, 39 CLC (HCD)

.... Artha Rin Suit No.103 of 2001 is maintained. Let a copy of the judgment along with lower Court’s record be sent down at once. M. Moazzam Husain J.- I agree. This Case is also Reported in: ......by the learned Judge, Artha Rin Adalat, Khulna in Artha Rin Suit No.103 of 2001. 2. The brief facts of the case are that the appellant as plaintiff- Bank instituted Artha Rin Suit No.103 of 2001 before the Artha Rin Adalat, Khulna impleading the respondent-defendants for recovery of its outstandi...... Artha Rin Suit No.103 of 2001 is maintained. Let a copy of the judgment along with lower Court’s record be sent down at once. M. Moazzam Husain J.- I agree. This Case is also Reported in: ......k……........................................................Appellant Vs. M/s. Dadajee Ice Plant and Cold storage Ltd. and others……….........Respondents Judgment May 10, 2010. Lawyers Involved: M. Khaled Ahmed, Advocate-For the appellant. Md. Quamrul Haqie Siddique with..

Category: Civil Law | Date: | Hits: 217

President, Coronation Hall Committee and Deputy Commissioner, Khulna Vs. Executive Committee, Khulna & others, 2011, 40 CLC (HCD)

....ourt Records along with the copies of the judgment to the court below. Communicate the order at once. MA Hye J.-I agree This Case is also Reported in: 63 DLR (2011) 666. ......istrict Judge, 1st Court, Khulna in Title Suit No.49 of 2002 should not be set aside and/or such other or further order or orders passed as to this court may seem fit and proper. 2. Relevant facts for the disposal of this rule, in brief, are that, Khulna Naitto Nikatan represented by its Executiv......ourt Records along with the copies of the judgment to the court below. Communicate the order at once. MA Hye J.-I agree This Case is also Reported in: 63 DLR (2011) 666. ......s. Government of Bangladesh, 42 DLR (1999) 434; Shaikh Lota & Kamal Baksh & another Vs. Siraj Bakshi & others, 7 BLT (AD) 328, Bangladesh Vs. Helal Jute Press Ltd., 8 LG (2011) (AD 70. Lawyers Involved: Mosharraf Hossain Sarder, Deputy Attorney General with Mrs. Shahida Begum, Assi..

Category: Property Law | Date: | Hits: 89

Md. Abdul Halim Vs. Dr. Mohammad Tareque and others, 2011, 40 CLC (HCD)

....er as to cost. The contemnor-respondent Nos.1 to 4 are exonerated from the charge brought against them. Communicate at once. M. Moazzam Husain J. - I agree. This Case is also Reported in: ......vice under the respondent No.5 he opened a monthly saving scheme account as provided by the respondent No.5. The respondent No.5 attracted a good number of clients in the process. The institution was formed and created by an Article of Memorandum registered under Joint Stock Companies and Firms wher......er as to cost. The contemnor-respondent Nos.1 to 4 are exonerated from the charge brought against them. Communicate at once. M. Moazzam Husain J. - I agree. This Case is also Reported in: ......hura Debaran Vs. King-Sup, 45 C.W.N. 733; Adam Ali Vs. Emp. AIR 1945 P.C. 147; S.A.M Iqbal Vs. State 3 BLC (AD) 125; Md. Samiulla Khan and another Vs. State 15 DLR 150; Sohel Ahmed; 22 BLD (AD) 1. Lawyers Involved: Not represneted -For the petitioner. Md. Azizul Haq, Advocate-For responde..

Category: Employment/Service Law | Date: | Hits: 115

Law Dev (Bangladesh) Vs. Bangladesh and another, 2011, 40 CLC (HCD)

....on as the case involves a substantial question of law as to the interpretation of the Constitution. The certificate as prayed for is granted. Ed. This Case is also Reported in: 63 DLR (2011) 626.......িজাখস(প্র-৩)/বা এরেক/নিয়োগ (চেয়ারম্যান)-১৪/২০০৯ dated 11-10-2009 and has been continuing to hold that office as such. He is a former Comptroller and Auditor-General of Bangladesh. He held the constitutional office of the Compt......on as the case involves a substantial question of law as to the interpretation of the Constitution. The certificate as prayed for is granted. Ed. This Case is also Reported in: 63 DLR (2011) 626.......ted. Ed. This Case is also Reported in: 63 DLR (2011) 626...

Category: Employment/Service Law | Date: | Hits: 92

Shahabuddin (Md) Vs. Secretary, Ministry of Youth and Sports and others, 1991, 20 CLC (HCD)

....tition before this Court under Article 102(2)(a)(ii) of the Constitution, therefore, is not maintainable on the grounds stated above. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 360. ......ented- the Respondents. Writ Petition No. 467 of 1991. Judgment Fazle Hussain Mohammad Habibur Rahman J.- Petitioner Shahabuddin, General Secretary, Nabarun Sangsad, Kalta Bazar, Dhaka prays for issuance of Rule Nisi upon the respondents to show cause why the following impugned decision and......tition before this Court under Article 102(2)(a)(ii) of the Constitution, therefore, is not maintainable on the grounds stated above. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 360. ......Mainur Reza Chowdhury J Shahabuddin (Md)......................Petitioner Vs. Secretary, Ministry of Youth and Sports and others.....................Respondents Judgment May 2, 1991. Lawyers Involved: Golam Kibria, Advocate ‑ For the Petitioner. Not represented- the Responde..

Category: Constitutional Law | Date: | Hits: 165

New Eastern Trading Corporation Limited Vs. Chairman, Third Labour Court, Dhaka and another, 1991, 20 CLC (HCD)

....made without any lawful authority and to be of no legal effect. The Rule is accordingly made absolute without any order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 357....... the law". 5. Being aggrieved by the said order dated 15.2.90 the petitioner‑Company obtained this Rule. In spite of service of notice upon Respondent No.2 the said respondent filed appearance before this Court after issuance of the Rule. 6. Mr. A.Y Salehuzzaman, the learned Advocate appeari......made without any lawful authority and to be of no legal effect. The Rule is accordingly made absolute without any order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 357.......Dhaka and another, 28 DLR 178; Deputy Managing Director Vs. K. Fazlul Karim, 28 DLR 445; Managing Board, AR Howlader Jule Mills Limited, 28 DLR 368; MA Hamid, 29 DLR 296; A Karim Khan, 31 DLR 269. Lawyers Involved: AY Salehuzzaman, Advocate ‑For the Petitioner. No one ‑ For the Responde..

Category: Labour and Industrial Law | Date: | Hits: 124

Abdul Hakim and others Vs. State, 1991, 20 CLC (HCD)

....the conviction and sentences are set aside and the appellants are acquitted and they are discharged from their respective bail bonds. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 352. ...... Chowdhury (In Criminal Appeal 1143 of 90) - For Appellant. Criminal Appeal No. 1180/90 with Criminal Appeal No. 1143/90. Judgment Mahmudul Amin Chowdhury J.- These two appeals are taken up for judgment together as both the appeals arise out of the same judgment earlier passed by the learn......the conviction and sentences are set aside and the appellants are acquitted and they are discharged from their respective bail bonds. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 352. ......ment November 19, 1991. Cases Referred To- 1962 PLD Dhaka 623 (Abdul Awal Vs. The State); AIR 1948 (PC) 82 (Gulak Chand Ragudas Vs. The State); 13 DLR (1961) 436 (MA Motalib Vs. State). Lawyers Involved: Serajul Huq with ABM Golam Mazid, Advocates ‑ For the Appellant. AKM Reza..

Category: Criminal Law | Date: | Hits: 84

Abdul Gani Khan Vs. Shamser Ali and others, 1991, 20 CLC (HCD)

....ch the impugned judgment does not call for any interference. In the result, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 349. ......ssed by Prokash Chandra Bhattacharja who while in possession settled the suit land with Manada Sundari in tenancy right and Manada Sundari while in possession of the suit land entered into a contract for sale of the suit land with plaintiff for a consideration of Tk.400.00 and received earnest money......ch the impugned judgment does not call for any interference. In the result, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 349. ...... Jurisdiction) Present: Syed Fazle Ahmed J Abdul Gani Khan ........................Appellant Vs. Shamser Ali and others .............. Respondent Judgment December 15, 1991 Lawyers Involved: Abdul Majid, Advocate ‑ For the Appellant Khandakar Saiful Huq, Advocate ..

Category: Procedural Law | Date: | Hits: 105

Altaf Hossain Vs. Abbas Ali and another, 1991, 20 CLC (HCD)

....ing in the Court of Upazila Munsif, Fulbaria, District Mymensingh. In the result, the Rule is made absolute. No order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 374. ......he petitioner in Title Suit No.92 of 1983. 2. The petitioner instituted Other Suit No.650 of 1978 on 13.6.1978 in the Court of Munsif, Sadar Mymensingh, against the opposite party No.1 and another for declaration of title in respect of 0.15 acres of land appertaining to plot No.2263 of CS Khatian......ing in the Court of Upazila Munsif, Fulbaria, District Mymensingh. In the result, the Rule is made absolute. No order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 374. ...... 1931 Cal 779; SPA Annamalay Cheity Vs. BA Thornhili, 1931 (PC) 263; Babu Lal Girdhrlial Vs. Seth Kotumal, 1941 ALL 27; Sakhawat Hossain Vs. Chowdhury Muhammad Sarwar and others, PLD 1968 Dac 557. Lawyers Involved: Nowazish Ara Begum and Abdur Rashid, Advocates ‑ For the Petitioner. Not r..

Category: Property Law | Date: | Hits: 68

Shaikh Sharnsuddin Ahmed Vs. Nazmul Huda and others, 1993, 22 CLC (HCD)

....1.85 in accordance with law, in the light of the observations made above and in compliance with the direction of the appellate Court. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 369. ...... others…………..Opposite Parties Judgment April 1, 1993. Case Referred To- Secretary, Ministry of Food Vs. M/s. MF Limited, 44 DLR (AD) 166. Lawyers Involved: Shahabuddin Ahmad for Nizamuddin Haider, Advocates ‑ For the Petitioner. Abdur Rahman with Syed Golam Motafa, Adv......1.85 in accordance with law, in the light of the observations made above and in compliance with the direction of the appellate Court. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 369. ........Petitioner Vs. Nazmul Huda and others…………..Opposite Parties Judgment April 1, 1993. Case Referred To- Secretary, Ministry of Food Vs. M/s. MF Limited, 44 DLR (AD) 166. Lawyers Involved: Shahabuddin Ahmad for Nizamuddin Haider, Advocates ‑ For the Petitioner. A..

Category: Procedural Law | Date: | Hits: 77

Abdul Awal and others Vs. Abdul Hamid and others, 1991, 20 CLC (HCD)

....ce and as such it does not call for any interference. In the result, the second appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 363. ......l District Judge affirmed the decree of the trial Court. 3. Plaintiff respondent Abdul Hamid and others filed a Partition Suit being T.S. No.31 of 1960 in the 4th Court of Subordinate Judge, Dhaka for partition in respect of the land appertaining to CS Khatian No.11 of Mouja Pakiabad PS Kapasia D......ce and as such it does not call for any interference. In the result, the second appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 363. ......ion) Present: Syed Fazle Ahmed J Abdul Awal and others…………………..Appellant Vs. Abdul Hamid and others……………………Respondent Judgment December 12, 1991. Lawyers Involved: Abdus Salam Khan, Advocate ‑ For the Appellants. Mian Abdul Gofur, Advocat..

Category: Property Law | Date: | Hits: 69

Anwar Hossain and others Vs. Abul Hossain Molla and others, 1991, 20 CLC (HCD)

.... Appeal No.323 of 1969 is hereby set aside and those of the trial Court are restored. In view of this fact I make no order as to cost. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 79. ......by Additional District Judge, Faridpur, in Title Appeal No.323 of 1969, reversing the judgment and decree passed by Munsif, Goalundo, in TS No. 84 of 1968. 2. Plaintiff‑appellant filed this suit for a declaration of title and confirmation of possession in respect of the land described in the sc...... Appeal No.323 of 1969 is hereby set aside and those of the trial Court are restored. In view of this fact I make no order as to cost. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 79. ........ Appellants Vs. Abul Hossain Molla and others …………………..Respondents Judgment May 7, 1991. Case Referred to- Habibur Rahman Vs. Abdul Wadud and others, 21 DLR 382. Lawyers Involved: Abdul Hamid Chowdhury, Advocate‑For the Appellants. Habib Ahmed, Advocate..

Category: Property Law | Date: | Hits: 91

Dr. Joynal Abedin Vs. State, 1991, 20 CLC (HCD)

....if the petitioners are not further prosecuted in connection with the alleged occurrence resulting in the filing of CR Case No.45 of 1985. Ed This Case is also Reported in: 44 DLR (HCD) (1992) 77....... sections 147, 323 and 447 of the Penal Code, should not be set aside or such other order or orders passed as to this Court may seem fit. 2. The opposite party No.2 filed a petition of complaint before the Court of the Upazila Magistrate, Feni, and CR case No.85 of 1985 was started on such compla......if the petitioners are not further prosecuted in connection with the alleged occurrence resulting in the filing of CR Case No.45 of 1985. Ed This Case is also Reported in: 44 DLR (HCD) (1992) 77....... Abedin .....................Petitioner Vs. The State ……………….…..Opposite Party Judgment May 22, 1991. Case Referred to- Rajah Ali and others Vs. State, 37 DLR 174. Lawyers Involved: Md. Ruhul Amin, Advocate ‑ For the Petitioner. Not represented ‑ the Op..

Category: Criminal Law | Date: | Hits: 79

Bangladesh Vs. Md. Aslam and others, 1989, 18 CLC (HCD)

.... Title Suit No.3 of 1976, is hereby set aside and the judgment and decree of the learned Subordinate Judge are affirmed and maintained. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 69.......the filing of this revisional application is that, the opposite party No.1, as sole plaintiff, filed Title Suit No.29 of 1971, in the 1st Court of Subordinate Judge, against the petitioner and others for a declaration of his Junglebari Abadkari right on reclamation and confirmation of possession the...... Title Suit No.3 of 1976, is hereby set aside and the judgment and decree of the learned Subordinate Judge are affirmed and maintained. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 69.......ases Referred to- Ajirannessa Vs. Saper Mia, 30 DLR (SC) 41; Abdul Majid Vs. Nabiruddi, 22 DLR 360; Abdur Rashid Vs. Abdus Samad, 33 DLR 260; Kazi A. Khaleque Vs. Kazi Fadur Rahman and others. Lawyers Involved: Syed J R Modassir Hossain, Deputy Attorney General with Fazlul Hoque Assistant ..

Category: Property Law | Date: | Hits: 96

Nikhil Kumar Sarker Vs. Bangladesh, 1991, 20 CLC (HCD)

....sistant Teacher of the said nationalised school is without any lawful authority. The application is, therefore, summarily rejected. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 67. ......with a prayer to issue Rule Nisi calling upon the respondents to show cause as to why the order dated 18.8.90 (Annexure‑H) passed by the respondent No.3, Assistant Secretary, Ministry of Education, forwarded to the petitioner by respondent No. 4 Director General, Directorate of Secondary and Highe......sistant Teacher of the said nationalised school is without any lawful authority. The application is, therefore, summarily rejected. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 67. ...... Vs. Bangladesh, represented by the Secretary, Ministry of Education and others…………………Respondents Judgment May 9, 1991. Result: The application is summarily rejected. Lawyers Involved: NH Khondker with Ruhul Amin Shoaib, Advocates ‑For the Petitioner. Not rep..

Category: Employment/Service Law | Date: | Hits: 82

Haroon and another Vs. Mst. Sufia Khatun and another, 1990, 19 CLC (HCD)

.... contention is overruled. For all these reasons I find no substance in this case. The Rule is, accordingly, discharged with costs. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 63.......vil Revision No. 1065 of 1989. Judgment Bimalendu Bikash Roy Chowdhury J.- This Rule which has been argued at a considerable length raises a short question relating to the execution of a decree for ejectment. In order to make the question intelligible a short statement of facts is necessary. ...... contention is overruled. For all these reasons I find no substance in this case. The Rule is, accordingly, discharged with costs. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 63.......R 1962 Andhra Pradesh 72; Gopal Chandra Sadhu‑khen Vs. Sheikh Jamsed and another, AIR 1965 Cal. 51; Salch Ahmed Vs. Md. Zakaria, 37 DLR 296; and Ali Hossain Vs. Rafiquddin, PLD 1977 Lahore 418. Lawyers Involved: Garib Newaz, Advocate ‑For the Petitioner. Anil Chandra Sarker with L Gome..

Category: Civil Law | Date: | Hits: 89

Dr. Syed Mahbubur Rahman Vs. Bangladesh University of Engineering and Techno­logy, 1991, 20 CLC (HCD)

....ind no illegality whatsoever in impugned orders and on the grounds stated above, the Rule is discharged without any order as to cost. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 333. ......ihar and another, AIR 1955 Pat. 131; Kali Prosanna Roy Chowdhury Vs. State of West Bengal, 56 CWN 492; Shanton Vs. Smith, 1895 AC 229; Gould Vs. Staurt, 1896 AC 575; Venkot Rao Vs. Secretary of State for India, 64 IA 55; Mian Mohammad Hyat Vs. Province of West Pakistan, PLD 1964(SC) 321 = 16 DLR (SC......ind no illegality whatsoever in impugned orders and on the grounds stated above, the Rule is discharged without any order as to cost. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 333. ......ohammad Hyat, PLD 1964(SC) 321=16 DLR (SC) 251); Ajit Singh and others Vs. Slate of Punjab and another, AIR 1983 (SC) 494; Purshottan: Lal Dhingra Vs. Union of India, 1958 SCR 828; AIR 1958 SC 36. Lawyers Involved: Mahmudul Islam, Advocate ‑ For the Petitioner. Khondker Mahbubuddin Ahmed..

Category: Employment/Service Law | Date: | Hits: 155

State Vs. Amin Huda, 2011, 40 CLC (AD)

....fore the Druta Bichar Tribunal within 6(six) weeks from the date of receipt of this judgment. Ed. This Case is also Reported in: 63 DLR (AD) (2011) 152,8 LG (AD) (2011) 164, VIII ADC (2011) 890. ......iminal Miscellaneous Case Nos. 4678 and 4679 of 2008 making the Rules absolute. 3. Facts giving rise to these appeals are that Md. Idris Ali, Sub-Inspector of RAB-1, Uttara, Dhaka lodged a First Information Report (FIR) with Gulshan Police Station on 26-10-2007 at about 20:05 hours alleging, inte......fore the Druta Bichar Tribunal within 6(six) weeks from the date of receipt of this judgment. Ed. This Case is also Reported in: 63 DLR (AD) (2011) 152,8 LG (AD) (2011) 164, VIII ADC (2011) 890. ......a J State……………….........................Appellant (In both Appeals) Vs. Amin Huda………………..................Respondent (In both Appeals) Judgment June 1, 2011. Lawyers Involved: Momtazuddin Fakir, Additional Attorney-General instructed by B Hossain, Advocat..

Category: Criminal Law | Date: | Hits: 112

Government of Bangla­desh and others Vs. Excellent Corporation, 2010, 39 CLC (AD)

.... without any order as to cost. The Judgment of the High Court Division is set aside. Ed. This Case is also Reported in: 63 DLR (AD) (2011) 148, 16 MLR (AD) (2011) 433, 8 LG (AD) (2011) 190. ......T. 3. Facts stated in the writ petition are that the writ petitioner-respondent is a trading firm carrying on, amongst others, indenting business of different items and also acts as local agent of foreign suppli­er. The writ respondent No.3 published a notice inviting tenders from the reputed Mi...... without any order as to cost. The Judgment of the High Court Division is set aside. Ed. This Case is also Reported in: 63 DLR (AD) (2011) 148, 16 MLR (AD) (2011) 433, 8 LG (AD) (2011) 190. ......ent Judgment July 15, 2010. Cases Referred To- Sassoon & Co. Vs. CIT Bombay City, AIR 1954 SC 470; Bangladesh Power Development Board Vs. Muhammad Asaduzzaman Sikder, 9 BLC (AD) 1. Lawyers Involved: Murad Reza, Additional Attorney General, instructed by Mr. B Hossain, Advocate-..

Category: Business or Commercial Law | Date: | Hits: 267

Bangladesh and another Vs. Md. Abdul Karim, 2011, 40 CLC (AD)

....e Administrative Appellate Tribunal, Dhaka. Ed. This Case is also Reported in: 63 DLR (AD) (2011) 143, 31 BLD (AD) (2011) 117, 8 LG (AD) (2011) 159, 16 MLR (AD) (2010) 361, VIII ADC (2011) 589. ......l instructed by B Hossain, Advocate-on-Record—For the Petitioners. Sheik Mohammad Morshed, Advocate instructed by Syed Mahbubar Rahman, Advocate-on-Record—For the Respondent. Civil Petition for Leave to Appeal No. 43 of 2010. (From the judgment and order dated the 7th day of June, 2009 ......e Administrative Appellate Tribunal, Dhaka. Ed. This Case is also Reported in: 63 DLR (AD) (2011) 143, 31 BLD (AD) (2011) 117, 8 LG (AD) (2011) 159, 16 MLR (AD) (2010) 361, VIII ADC (2011) 589. ...... Md. Mamtaz Uddin Ahmed J Bangladesh and another..........................Petitioners Vs. Md. Abdul Karim.......................................Respondent Judgment May 22, 2011. Lawyers Involved: Karunamoy Chakma, Deputy Attorney-General instructed by B Hossain, Advocate-on..

Category: Administrative Law | Date: | Hits: 181