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Khondaker Modarresh Elahi Vs. Government of the People’s Republic of Bangladesh, 2000, 29 CLC (HCD)

.... Khondaker Modarresh Elahi……………. Petitioner Vs Government of the People’s Republic of Bangladesh……… Respondents Judgment October 25, 2000. Cases Referred To- Bharat Kumar K Palicha and another vs State of Kerala and others, AIR 1997 (Kerala) 291; AIR 1998 (SC) 1...... restriction imposed by law. In Articles 39(1) freedom of thought and consciousness is guaranteed. Hartal is a historically recognised democratic right exercised by the political parties at different times in this subcontinent. During the 20th Century hartal has been used as peaceful weapon to prote......I concur with the judgments delivered by my learned brothers Mainur Reza Chowdhury and Syed JR Mudassir Hussain, JJ, in discharging the Rule. Ed This Case is also Reported in: 54 DLR (2002) 47. ......artal call and observance of hartal in East Pakistan the movement of independence of the country could not have achieved success. The struggle for independence led the people of Bangladesh to take up arms against the Pakistani regime. A call to observe hartal is a democratic right exercised under th..

Category: Constitutional Law | Date: | Hits: 216

City Sugar Industries Ltd. and others Vs. Human Rights and Peace for Bangladesh, 2010, 39 CLC (AD)

....stance in these petitions which are accordingly dismissed. Ed. This Case is also Reported in: 15 MLR (AD) (2010) 389. ......r obtaining licence the petitioner No.1 complied of all conditions and accordingly a undertaking was given in favour of Respondent No. 3. It is stated that the said licence has been duly renewed from time to time and lastly it was renewed for the year 2008-2009 vide Nathi No. নাব/জে......i.e. let the safety of the people be the Supreme law. We find no substance in these petitions which are accordingly dismissed. Ed. This Case is also Reported in: 15 MLR (AD) (2010) 389. ......i.e. let the safety of the people be the Supreme law. We find no substance in these petitions which are accordingly dismissed. Ed. This Case is also Reported in: 15 MLR (AD) (2010) 389. ..

Category: Environmental Law | Date: | Hits: 344

Mohammad Reazaul Karim and others Vs. A. B. M. Khalequzzaman and others, 2010, 39 CLC (AD)

....s Court. In the result, all the appeals are dismissed without any order as to costs. Ed. This Case is also Reported in: 15 MLR (AD) (2010) 369, 62 DLR (AD) (2010) 411........ 25.09.2005 will be eligible to attend the meetings and qualify to stock dividend/bonus share. 11. On the basis of the representation of the respondent No.18 company by way of public notices from time to time, the appellants were assured that they will be entitled to dividend/bonus share and rig......r no interference by this Court. In the result, all the appeals are dismissed without any order as to costs. Ed. This Case is also Reported in: 15 MLR (AD) (2010) 369, 62 DLR (AD) (2010) 411.......r no interference by this Court. In the result, all the appeals are dismissed without any order as to costs. Ed. This Case is also Reported in: 15 MLR (AD) (2010) 369, 62 DLR (AD) (2010) 411...

Category: Company Law | Date: | Hits: 191

Mobasher Hossain (Md) and others Vs. Saidur Rahman (Pvt) Ltd. and others, 2002, 31 CLC (HCD)

....d To- Muhammad Umar Beg Vs. Sultan Mahmood Khan, 1970 PLD (SC) 139; Danial Vs. Ferguson, (1891) 2 Ch 27; Von Joel Vs. Hornsey, (1895) 2 Ch 774; Israil Vs. Shamsur Rahman, 41 ILR Calcutta 436; The National Bank of India Vs. Yakub Mia, 7 DLR 606; The State of Bihar Vs. Usha Devi, AIR 1956 Patna 455......use as to why the order of temporary injunction should not be issued to restrain him from taking possession of the vessel namely, MV Hemayetuddin M No. 6304, till disposal of the suit; and in the meantime let the defendant be restrained from taking possession of the said vessel namely, MV Hemayetudd......ifur Rahman, Senior Advocate‑ For Respondent No. 1. Admiralty Suit No. 12 of 2001. Judgment A B M Khairul Haque J.- This is an application for an order of mandatory injunction, praying for recovery of possession of the vessel MV. Hemayetuddin M No. 6304 from the possession of the defendan......he launch ghat at Gazaria where it was in the morning of 8th April, 2002 within seven days from date. There shall be no order as to cost. Ed. This Case is also Reported in: 55 DLR (2003) 51. ..

Category: Admiralty Law or Maritime Law | Date: | Hits: 188

Moulana Fariduddin Ahmed and another Vs. Md. Kolimullah and others, 2001, 30 CLC (HCD)

....din Ahmed and another..................Petitioners Vs. Md. Kolimullah and others............Opposite Parties Judgment October 18, 2001. Lawyers Involved: Nur Hossain Chowdhury, Advocate‑ For the Petitioners. Not represented- the Opposite parties. Civil Revision No. 2571 of ...... with permission from the statutory authority namely, the Administrator of Wakfs Exhibit Kha. Witnesses of the petitioner also proved their possession. It is also the case of the petitioner that some time in February, 1990 the petitioner was dispossessed from 3 decimals of said land. 6. Section 5...... No. 58 of 1990 which was re‑numbered as 38 of 1992. Said Moulana Fariduddin Ahmed instituted this suit for declaration of title in said 92 decimals of land, confirmation of possession and also for recovery of possession in respect of 3 decimals of land out of said 92 decimals and also prayed for ......of the observation as made hereinabove. The order of stay granted earlier is hereby re‑called and vacated. Send down the records at once. Ed. This Case is also Reported in: 55 DLR (2003) 49...

Category: Property Law | Date: | Hits: 27

Momena Begum Vs. Dhaka City Corporation and others, 2002, 31 CLC (HCD)

....SC) 463. Accordingly, the Rule is discharged, however, without any order as to cost. Ed. This Case is also Reported in: 55 DLR (2003) 43.......p and in that Rule this court directed the parties to maintain status quo. Since as per record Mrs. Parveen Sultana is the allottee of the suit shop and since the present petitioner did not till that time even offer any rent or electricity bill, the contemners; accepted rent from Parveen Sultana and......m the case of Dr. MO Gani Vs. Dr. ANM Mahmood, 18 DLR (SC) 463. Accordingly, the Rule is discharged, however, without any order as to cost. Ed. This Case is also Reported in: 55 DLR (2003) 43.......m the case of Dr. MO Gani Vs. Dr. ANM Mahmood, 18 DLR (SC) 463. Accordingly, the Rule is discharged, however, without any order as to cost. Ed. This Case is also Reported in: 55 DLR (2003) 43...

Category: Property Law | Date: | Hits: 34

Bhola Vs. State, 2001, 30 CLC (HCD)

....cation and the appeal is dismissed. Send down the lower court's record immediately. Ed. This Case is also Reported in: 55 DLR (2003) 36.......atter to anybody. She deposed the same before the learned Magistrate. In cross­-examination she stated that she was married and she had been working in the house of Jabbar from her childhood. At the time of occurrence she was not married. She was working in the house of Jabbar and after the death o......s order dated 29‑10‑91 is upheld with the above modification and the appeal is dismissed. Send down the lower court's record immediately. Ed. This Case is also Reported in: 55 DLR (2003) 36.......s order dated 29‑10‑91 is upheld with the above modification and the appeal is dismissed. Send down the lower court's record immediately. Ed. This Case is also Reported in: 55 DLR (2003) 36...

Category: Criminal Law | Date: | Hits: 41

Moyezuddin Sikder and ors. Vs. State, represented by the DC, Khulna, 2007, 36 CLC (HCD)

....diction) Present: Nozrul Islam Chowdhury J SM Emdadul Hoque J Moyezuddin Sikder and ors……………………………………. Accused-Petitioners Vs. State, represented by the DC, Khulna……………………Opposite Party Judgment Apri...... learned Counsels, as aforesaid, April 2,2007 was scheduled for delivery of formal order. It may not be out of place to mention that upon hearing the learned Counsels, we found no difficulty, for the time being, to proceed with the business of the Court touching the Criminal Procedure Code as usual,......n with a non-obstante expression. Accordingly, the question raised at the Bar is hereby resolved with the observations as above. Ed. This Case is also Reported in: 59 DLR (2007) 287. ......n with a non-obstante expression. Accordingly, the question raised at the Bar is hereby resolved with the observations as above. Ed. This Case is also Reported in: 59 DLR (2007) 287. ..

Category: Criminal Law | Date: | Hits: 50

Abdul Malek (Md) Vs. Bangladesh and others, 2006, 35 CLC (HCD)

....s. Ed. This Case is also Reported in: 59 DLR (2007) 284. ...... জামানতের অর্থ বাজেয়াপ্ত করিবেন।" 4. The petitioner in compliance with the terms of the agreement, and the instructions recei­ved from time to time from the respondents had been carrying on his business satisfactorily and in terms of t......ave been passed without lawful authority and the same is of no legal effect. In the result, the Rule is made absolute. No costs. Ed. This Case is also Reported in: 59 DLR (2007) 284. ......ave been passed without lawful authority and the same is of no legal effect. In the result, the Rule is made absolute. No costs. Ed. This Case is also Reported in: 59 DLR (2007) 284. ..

Category: Civil Law | Date: | Hits: 74

Dr. Ahmed Majid Vs. Abdul Latif @ Suruj Ali, 2006, 35 CLC (HCD)

.... the Court below at once. Ed. This Case is also Reported in: 59 DLR (2007) 282. ......nt opposite party, from the suit premises as described in the plaint on the ground of default in payment of monthly rent. The defendant-opposite party appeared in the suit on 10-1-2001 and prayed for time for filing written statement. Subsequently, the defendant-opposite party took time for filing w...... Court is directed to proceed with the suit in accordance with law. No costs. Communicate the order to the Court below at once. Ed. This Case is also Reported in: 59 DLR (2007) 282. ...... Court is directed to proceed with the suit in accordance with law. No costs. Communicate the order to the Court below at once. Ed. This Case is also Reported in: 59 DLR (2007) 282. ..

Category: Property Law | Date: | Hits: 37

Mohammad Ullah (Driver) Vs. State, 2007, 36 CLC (HCD)

....al in accordance with law. Send down the lower Court records. Ed. This Case is also Reported in: 59 DLR (2007) 281. ......never he/she is apprehended sentence will run from the date of such apprehen­sion. The Court is to see whether there is satisfac­tory explanation for not preferring the appeal or revision in proper time. It might be in the appeal the accused may be acquitted. Appeal is the legitimate right of a co......oned. The learned judge is directed to proceed with the appeal in accordance with law. Send down the lower Court records. Ed. This Case is also Reported in: 59 DLR (2007) 281. ......oned. The learned judge is directed to proceed with the appeal in accordance with law. Send down the lower Court records. Ed. This Case is also Reported in: 59 DLR (2007) 281. ..

Category: Criminal Law | Date: | Hits: 36

Mozam and others Vs. State, 2006, 35 CLC (HCD)

....copy of this judgment for information and for taking necessary action. Ed. This Case is also Reported in: 59 DLR (2007) 276.......sentence as aforesaid. Hence the appeal. 9. Dr Rafiqur Rahman, Senior Advocate, appearing with Mr. Sarwar Ahmed, Advocate for the appellants, support the appeal and submit that at the relevant time the offences described in Ordinance, 1983 was the Schedule offence of the Special Powers Act, 1......side the pond. She was taken to their courtyard by her brothers. Later on she was sent to Manirampur hospital. On the following day at 4-00 PM she recovered. She was in hospital for three days. After recovery she lodged the first information report. 3. Police after investigation submitted cha......offence. Send down the lower Court's records at once with a copy of this judgment for information and for taking necessary action. Ed. This Case is also Reported in: 59 DLR (2007) 276...

Category: Criminal Law | Date: | Hits: 82

RAK Ceramics (Bangladesh) Private Ltd. Vs. Bangladesh, represented by Secretary, Ministry of Internal Resources Division & others, 2007, 36 CLC (HCD)

..... ......itioner, took us through the record and relevant provisions of the VAT Act and submitted that in view of the facts that pursuant to the notice to show cause, the petitioner came to know for the first time about the default and that the petitioner immediately deposited more than the demand, the Deput......quashed. Order of stay granted at the time of issue of the Rule is hereby recalled and vacated. Communicate at once. Ed. This Case is also Reported in: 59 DLR (2007) 274. ......quashed. Order of stay granted at the time of issue of the Rule is hereby recalled and vacated. Communicate at once. Ed. This Case is also Reported in: 59 DLR (2007) 274. ..

Category: Fiscal/Taxation Law | Date: | Hits: 63

Abani Kumar Mistry and others Vs. Government of the People's Republic of Bangladesh and others, 2006, 35 CLC (HCD)

....la Nirbahi Officer 46 DLR 136; Ms. Dulichand Omraolal vs. Bangladesh, through the Secretary, Ministry of Industries 33 DLR (AD) 30; Kochi Mia vs. Suruj Mia 51 DLR (AD) 57; Shamser Ali (Md.) vs. Mosammat Katizad Bibi 44 DLR (AD) 231. Lawyers involved: Abul Kalam Maijuddin, Advocate—For the Pe......operty, it is to be seen whether the property sought to be taken over as enemy property was so between 6-9-1965 and 16-2­1969, the promulgation and revocation of Proclamation of Emergency. If at any time during the currency of the Emergency with the Defence of Pakistan Ordinance and the Rules remai......le is hereby recalled and vacated. There is no order as to costs. Send down the lower Court record at once. Ed. This Case is also Reported in: 59 DLR (2007) 270, 26 BLD (HCD) (2006) 634. ......le is hereby recalled and vacated. There is no order as to costs. Send down the lower Court record at once. Ed. This Case is also Reported in: 59 DLR (2007) 270, 26 BLD (HCD) (2006) 634. ..

Category: Property Law | Date: | Hits: 27

Surajmal Ram Prasad Vs. Commissioner of Taxes, 2007, 36 CLC (HCD)

....…………..Applicant Vs. Commissioner of Taxes……………………………..Respondent Judgment April 18, 2007. Lawyers involved: Borhan Uddin, Advocate—For the Applicant. Md. Rezaul Islam, Assistant Attorney-General—For the Respondent. ......s justified in vacating the appellate order of the learned Appellate Additional Commissioner of Taxes alleging that the appeal before the learned Appellate Additional Commissioner of Taxes was out of time and hit by limitation under section 154(2) of the IT Ordinance, 1984? (2) Whether, in th......ith our answer in the negative against the Revenue Department and in favor of the applicant. Parties are directed to bear their own cost. Ed. This Case is also Reported in: 59 DLR (2007) 268.......ith our answer in the negative against the Revenue Department and in favor of the applicant. Parties are directed to bear their own cost. Ed. This Case is also Reported in: 59 DLR (2007) 268...

Category: Fiscal/Taxation Law | Date: | Hits: 63

Puspak Kumar Roy and another Vs. Eldrin Khan and others, 2005, 34 CLC (HCD)

....Parties. Judgment November 22, 2005. Cases Referred To- Shamsuddin Khan vs. Shamsuzzaman 22 DLR 655; Dildar Ahmed vs. Farroque Ahmed 27 DLR (SC) 138; Allah Ditta vs. Salamat Ali 17 DLR (SC) 315 and Jahirul Islam vs. Settlement Board and Assistant Commissioner (Land) 48 D....... The order of stay granted earlier by this Court dated 10-4-2004 is hereby vacated. Send down the lower Court's record at once. Ed. This Case is also Reported in: 59 DLR (2007) 263. ......aneous Case No. 187 of 1989 and 188 of 1989 and having not challenged the propriety of the said orders the Court of appeal below was not justified in maintaining a decree for declaration of title and recovery of khas possession as against the defendants. He submitted that the order impugned in this ....... The order of stay granted earlier by this Court dated 10-4-2004 is hereby vacated. Send down the lower Court's record at once. Ed. This Case is also Reported in: 59 DLR (2007) 263. ..

Category: Property Law | Date: | Hits: 34

Amirul Islam (Md) Vs. Bangladesh represented by the Secretary, Ministry of Home Affairs and others, 2006, 35 CLC (HCD)

.... date of receipt of copy of this judgment. Ed. This Case is also Reported in: 59 DLR (2007) 258.......hulna. But the proposal of marriage was not acted upon since the elder sister of the complainant was not married and they wanted to wait till her elder sister's marriage. But after waiting for a long time the petitioner's parents had him married on 8-12-2003 with one Jannatul Ferdous Silvi. There wa......ormer post and allow him to continue in service with all attending benefits within 30 days from the date of receipt of copy of this judgment. Ed. This Case is also Reported in: 59 DLR (2007) 258.......ormer post and allow him to continue in service with all attending benefits within 30 days from the date of receipt of copy of this judgment. Ed. This Case is also Reported in: 59 DLR (2007) 258...

Category: Employment/Service Law | Date: | Hits: 67

Anwara Begum Vs. Government of Bangladesh and others, 2005, 34 CLC (HCD)

........................... ……………Petitioner Vs. Government of Bangladesh and others………….Respondents Judgment August 1, 2005. Cases Referred To- Bangladesh vs. Amela Khatun 53 DLR (AD) 55; Bangladesh vs. Helaluddin Ahmed 4 MLR (AD) 140; Bangladesh vs. Rehana Kamal 56 ......d as Abandoned Property and the same as through remained in possession of the petitioner and said Md. Younus Ali supervised, managed and occupied the same during the past years including the relevant time i.e. from 25th March, 1971 to 28th February, 1972 and therefore the property does not answer th......d Buildings as published in Ka list dated 28-4-1986 within 3(three) months from the date of receipt of this order. Ed. This Case is also Reported in: 59 DLR (2007) 251, 26 BLD (HCD) (2006) 123. ......d Buildings as published in Ka list dated 28-4-1986 within 3(three) months from the date of receipt of this order. Ed. This Case is also Reported in: 59 DLR (2007) 251, 26 BLD (HCD) (2006) 123. ..

Category: Property Law | Date: | Hits: 40

Abdul Karim and others Vs. Court of Settlement and others, 2007, 36 CLC (HCD)

....espondents Judgment February 5, 2007. Case Referred To- Tarak Chandra Majhi vs. Atahar Ali Howlader, 8 BLC (AD) 67. Lawyers involved: MA Quddus Sheikh, Advocate—For the Petitioners. Karuna Moy Chakma, Deputy Attorney-General— For Respondent No. 2......ted the same to one Mr. Md. Arifur Rahman, Administrative Officer, Ministry of Planning, Government of Bangladesh on 30-5-1974 for a period of l(one) year and that the said agreement was renewed from time to time upto 1987 and paid rent regularly to the petitioners; that after the death of their fat......6 under Abandoned Buildings (Supplementary Provisions) Ordinance, Ordinance 54 of 1985 at page No. 9764 (17), Serial No. 42 (Annexure-I). Ed. This Case is also Reported in: 59 DLR (2007) 247.......6 under Abandoned Buildings (Supplementary Provisions) Ordinance, Ordinance 54 of 1985 at page No. 9764 (17), Serial No. 42 (Annexure-I). Ed. This Case is also Reported in: 59 DLR (2007) 247...

Category: Property Law | Date: | Hits: 33

Syed Ziaul Hasan and others Vs. Bangladesh and others, 2006, 35 CLC (HCD)

....is Case is also Reported in: 59 DLR (2007) 238, 26 BLD (HCD) (2006) 366. ......ment and a licensee of BTTB, a statutory authority, offered to sell the SIM Cards to the applicants and others on the basis of lottery and the petitioners having accepted the offer applied within the time specified and won the lottery and they have acquired the right to purchase and collect the SIM ......tity module (SIM) Card according to the price fixed i.e. Taka 1800. There will be no order as to costs. Ed This Case is also Reported in: 59 DLR (2007) 238, 26 BLD (HCD) (2006) 366. ......tity module (SIM) Card according to the price fixed i.e. Taka 1800. There will be no order as to costs. Ed This Case is also Reported in: 59 DLR (2007) 238, 26 BLD (HCD) (2006) 366. ..

Category: Fiscal/Taxation Law | Date: | Hits: 131