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Satsang Bangladesh, D. Pakutia Vs. People’s Republic of Bangladesh and others, 2013, 42 CLC (HCD)

....y, Sree Sree Thagore Anukul Chandra leaving the Ashrom on 1st September, 1946 AD went to Deoghor of Bihar Province in India. He never returned back to Pabna and as a result the Government of the then East Pakistan acquired the entire land of Hemayetpur Ashrom and established a 'Mental Hospital&#......ee Sree Thagore Anukul Chandra leaving the Ashrom on 1st September, 1946 AD went to Deoghor of Bihar Province in India. He never returned back to Pabna and as a result the Government of the then East Pakistan acquired the entire land of Hemayetpur Ashrom and established a 'Mental Hospital' t..

Category: Civil Law, Procedural Law | Date: 26 Sep, 2013 | Hits: 3

Maulana Syed Rezaul Haque Chadpuri and others Vs. Bangladesh Jamaat-e-Islami and others [2nd Part], 2013, 42 DLR (HCD)

....d Denning M. R. in Sehmidt Vs. Secretary of Home Affairs, (1969) 1 All E.R. 904; Council of Civil Service Unions Vs. Minister for the Civil Services ('GCHQ'), 3 All. E.R. 935; R Vs. North and East Devon Health Authority exp Coughlan [2001] QB 213, at paragraph 57; R (on the application of Na......other gruesome acts, atrocities and unleashed a systematic reign of terror, through the training of Al-Shams, Al-Badr, Rajakars, Peace Committee and other auxiliary forces and guided the occupational Pakistani Army and its auxiliary forces to commit holocaust in the name of Islam. 290. The Elec..

Category: Constitutional Law | Date: 1 Aug, 2013 | Hits: 10

Maulana Syed Rezaul Haque Chadpuri and others Vs. Bangladesh Jamaat-e-Islami and others [1st Part], 2013, 42 DLR (HCD)

....d Denning M. R. in Sehmidt Vs. Secretary of Home Affairs, (1969) 1 All E.R. 904; Council of Civil Service Unions Vs. Minister for the Civil Services ('GCHQ'), 3 All. E.R. 935; R Vs. North and East Devon Health Authority exp Coughlan [2001] QB 213, at paragraph 57; R (on the application of Na......e consideration the Court should not allow itself to be activised at the instance of such person and must reject his application at the threshold. (Emphasis added) 28. In Benazir Bhutto Vs. Pakistan, PLD 1988 SC 416, Pakistan Supreme Court held that as Article 184(3) is open-ende..

Category: Constitutional Law | Date: 1 Aug, 2013 | Hits: 11

Shamir Chandra Sajwal and others Vs. Government of Bangladesh, 2013, 42 CLC (HCD)

....The learned Joint District Judge also erred in law having failed to consider that the disputed land has reformed in situ within statutory period and, as such, before the promulgation of part V of the East Bengal State Acquisition and Tenancy Act, 1950, the land in dispute was reformed as a whole and......no order as to costs. Let a copy of the judgment along with the Lower Court's Record be sent down at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 386.   ..

Category: Procedural Law | Date: 13 Feb, 2013 | Hits: 8

Nazrul Islam (Md.) Vs. State, 2012, 41 CLC (AD)

....to one of imprisonment for life. Accordingly, the sentence of the convict Md. Nazrul Islam is modified to imprisonment for life. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 199. ......to one of imprisonment for life. Accordingly, the sentence of the convict Md. Nazrul Islam is modified to imprisonment for life. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 199. ..

Category: Criminal Law, Procedural Law | Date: 6 Dec, 2012 | Hits: 6

Md. Aminullah and others Vs. Serajul Huq and others, 2012, 41 CLC (AD)

.... November 21, 2012. Result: The appeal is allowed. The Non-Agricultural Tenancy Act, 1949 (Act No. XXIII of 1949); section 24 The State Acqui­sition and Tenancy Act, 1950 (East Bengal Act No. XXVIII of 1951); section 96 In a case of pre-emption filed und......n is set aside and the impugned judgment and order passed by the appellate Court is restored. There is no order as to costs. Ed. This Case is also Reported in: 18 MLR (AD) (2013) 131. ..

Category: Property Law | Date: 21 Nov, 2012 | Hits: 27

Shamsul Kabir Humayun Reza Vs. Anwarul Hasan and Others, 2012, 41 CLC (AD)

.... CP Nos.1671 and 1672 of 2011 as defendant No. 1 and MNH Bulu as defendant No.4 and Rajdhani Unnayan Kartripakkha (RAJUK), represented by its Chairman and its other officials as defendant Nos.5-8 and Eastern Housing Ltd. as defendant No.9 for the following reliefs: “ক) ১৫৭নং à......ed as site Engineer for 2(two) years under Messrs Bridge and Roof Company, India and then migrated to Dhaka and joined C&B Department in 1951 as an Assistant Engineer under the then Government of Pakistan. While serving in C&B department, Engineer Shamsul Kabir Humayun Reza of 157, Bara Mogb..

Category: Evidence Law, Property Law | Date: 12 Nov, 2012 | Hits: 37

Kaisor-uz-Zaman (Md.) Vs. State, 2012, 41 CLC (AD)

....rts under the title as "The Special Powers Act and Anti-Corruption Commission Act with some other allied laws, Eight Edition, 2007; section 409 of the Penal Code has not been printed, but in the East Pakistan Code, sections 403 to 409 of the Penal Code, have been clearly mentioned in the schedu......nder the title as "The Special Powers Act and Anti-Corruption Commission Act with some other allied laws, Eight Edition, 2007; section 409 of the Penal Code has not been printed, but in the East Pakistan Code, sections 403 to 409 of the Penal Code, have been clearly mentioned in the schedule. W..

Category: Anti-Corruption Laws | Date: 8 Oct, 2012 | Hits: 6

Nazrul Islam Vs. State, 2012, 41 CLC (HCD)

....ed. Send down the lower Court records along with a copy of this judgment immediately for information and necessary action. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 114. ......ed. Send down the lower Court records along with a copy of this judgment immediately for information and necessary action. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 114. ..

Category: Criminal Law, Women and Children | Date: 29 Aug, 2012 | Hits: 8

Jnanendra Nath Barai Vs. The Secretary, Ministry of Law, Justice and Parliamentary Affairs and others, 2012, 41 CLC (HCD)

....ost by mere Absence for the time being nor it is extinguished for temporary absence of anybody. It is a fact that the plaintiff-petitioner was not present for the time being in this country (the then East Pakistan). But the temporary absence of the plaintiff for a particular period does not diver hi......y mere Absence for the time being nor it is extinguished for temporary absence of anybody. It is a fact that the plaintiff-petitioner was not present for the time being in this country (the then East Pakistan). But the temporary absence of the plaintiff for a particular period does not diver him fro..

Category: Constitutional Law, Employment/Service Law | Date: 8 Aug, 2012 | Hits: 3

Government of Bangla­desh Vs. ATM Mannan and another, 2012, 41 CLC (AD)

.... that the property in question originally belonged to Syed Ali Hasan who obtained the same by way of lease for a period of 99 years, commencing on 15th December, 1961 from the erstwhile Government of East Pakistan by a registered of lease deed dated 16-12-1961. After that Syed Ali Hasan constructed ...... the property in question originally belonged to Syed Ali Hasan who obtained the same by way of lease for a period of 99 years, commencing on 15th December, 1961 from the erstwhile Government of East Pakistan by a registered of lease deed dated 16-12-1961. After that Syed Ali Hasan constructed a one..

Category: Property Law | Date: 8 Aug, 2012 | Hits: 84

Government of the People’s Republic of Bangladesh Vs. Orex Network Limited and others, 2012, 41 CLC (AD)

....doned buildings published in the Bangladesh Gazette. 3. The facts figured in this appeal are summarized below: The writ petition was filed stating, inter alia, that the then Government of East Pakistan leased out the property mentioned before to Khawaja Mohammad Aref by the registered de...... buildings published in the Bangladesh Gazette. 3. The facts figured in this appeal are summarized below: The writ petition was filed stating, inter alia, that the then Government of East Pakistan leased out the property mentioned before to Khawaja Mohammad Aref by the registered deed of..

Category: Property Law | Date: 20 Jun, 2012 | Hits: 94

Kazi Md. Habib Ullah Vs.Bangladesh and others, 2012, 41 CLC (HCD)

....the impugned memo and for a direction to issue license in his favour, is not substantiated on any legal base. Further, from Annexure-W of the writ petition it appears that the Nikah Registrar of No.3 East Chandrapur Union who has been appointed as Nikah Registrar of No.1 Sindurpur Union has in fact,...... with law. 19. The order of stay granted earlier by this Court is hereby vacated. There will be no order as to costs. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 372. ..

Category: Family Law | Date: 30 May, 2012 | Hits: 7

Government of Bangladesh and others Vs. Nurul Amin and anothers, 2012, 41 CLC (AD)

....mpensation otherwise it may appear to be arbitrary or indiscreet exer­cise of power or discretion with regard to real­ization of the same. ......(43) Case Referred to- Government of East Pakistan Vs. Roushan Bijoya Shawkat Ali Khan, 18 DLR (SC) 214; Government of 2 West Pakistan Vs......ation otherwise it may appear to be arbitrary or indiscreet exer­cise of power or discretion with regard to real­ization of the same. ......(43) Case Referred to- Government of East Pakistan Vs. Roushan Bijoya Shawkat Ali Khan, 18 DLR (SC) 214; Government of 2 West Pakistan Vs. Beg..

Category: Constitutional Law | Date: 29 May, 2012 | Hits: 5

Md. Mintu Chowdhury Vs. Khurshid Nayeem and others, 2012, 41 CLC (AD)

....3.1994 was confirmed by order dated 05. 11.1994. Writ-respondent No.6, Abdus Sattar Chowdhury, filed Miscellaneous Case No.355 of 1968 in the First Court of Munsif, Dhaka under section 143A of the East Bengal State Acquisition and Tenancy Act (the Act) impleading Peerzada Abul Quashem, Md. Hasna......n the impugned judgment and order and consequently, no merit in the leave petition. Accordingly, the leave petition is dismissed. This Case is also Reported in: 18 MLR (AD) (2013) 46. ..

Category: Property Law | Date: 29 May, 2012 | Hits: 12

Ruhul Amin and others Vs. Bangabandhu Sheikh Mujib Medical University, 2012, 41 CLC (HCD)

....n, 39 DLR (AD); Abul Khair (Md.) Vs. Pubali Bank Ltd, 53 DLR (AD) 62; Bangladesh Shilpa Rin Sangstha Vs. Rahman Textile Mills Ltd, 51 DLR (AD) 221; Nurunnessa Vs.Mohiuddin Chowdhury, 49 DLR (AD) 234; Eastern Bank Ltd Vs. Sub-ordinate Judge, 49 DLR 531; Anath Bandhu Guha & Sons Ltd.; Md. Sirajul ...... emergency has arisen due to Portion of Bengal which renders it necessary to provide for special measures for the requisition of property in connection with the administration and development of East Pakistan; 11. It is hereby enacted as follows:— 1. Short title, extent and duration ..

Category: Civil Law, Property Law | Date: 27 May, 2012 | Hits: 12

Dr. Moos Bin Shamsher Vs. Ayub Ali and others, 2012, 41 CLC (HCD)

....in payment of rent, a tenant is protected, notwithstanding the provi­sions of Transfer of property Act or the Contract Act from ejectment as long as he pays rent to the full extent allowed by the East Pakistan Premises Rent control Ordinance and he per­forms the conditions of the tenancy. Th......yment of rent, a tenant is protected, notwithstanding the provi­sions of Transfer of property Act or the Contract Act from ejectment as long as he pays rent to the full extent allowed by the East Pakistan Premises Rent control Ordinance and he per­forms the conditions of the tenancy. The exp..

Category: Contract Law, Tenancy Law | Date: 7 May, 2012 | Hits: 7

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

.... PLR (AD) 436; Shishir Kanti Pal Vs. Nur Muhmmad, 55 DLR  (AD) 39; Pronoy Bhusan Bardhan Vs. The Sub-Divisional Officer, Brahmanbaria, 30 DLR (SC) 139; Anil Kumar Datta Chowdhury Vs. Province of East Pakistan (1971) 23 DLR 108; Watson and Company Vs. Ramchand Dutta and others LR 17 IA 110 ILR 1......(AD) 436; Shishir Kanti Pal Vs. Nur Muhmmad, 55 DLR  (AD) 39; Pronoy Bhusan Bardhan Vs. The Sub-Divisional Officer, Brahmanbaria, 30 DLR (SC) 139; Anil Kumar Datta Chowdhury Vs. Province of East Pakistan (1971) 23 DLR 108; Watson and Company Vs. Ramchand Dutta and others LR 17 IA 110 ILR 18 Cal..

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

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

....hout lawful authority and is of no legal effect. 2. The petitioner is owner and proprietor of M/s Saimon Enterprise a business firm having countrywide representatives. The respondent No.3, South-East Bank Ltd. represented by its Managing Director is commercial Bank created and established under......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.   ..

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)

....4. The case of the writ petitioners, in short, was that they were freedom fighters and journalists by profession. That the lands of Plot Nos.1501, 1502, 1525, 1527, 1528, 1529, 1530 and 1531 of mouza East Laksminarayanpur of Noakhali Sadar, Noakhali were acquired in L.A. Case No.2 of 1920 for Public......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. ..

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