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M/S. Talukder Chemicals Limited Vs. Government of Bangladesh and others, 2012, 41 CLC (HCD)

....amrul Kader J M/S. Talukder Chemicals Limited, represented by its Managing Director, Mozzamel Haque Talukder alias H.M. Talukder…..........Plaintiff-appellants Vs. Government of Bangladesh and others…………............Defendant-respondents Judgment......m Chowdhury J KM Kamrul Kader J M/S. Talukder Chemicals Limited, represented by its Managing Director, Mozzamel Haque Talukder alias H.M. Talukder…..........Plaintiff-appellants Vs. Government of Bangladesh and others…………............Defendant-re...... plot No.166, C.S. Khatian No. 206 under Mouza Tarabo. He died leaving behind his only son Sodu as his heir. Sodu transferred an area of 19 decimals of land to his daughter Batasi Bibi and son-in-law Abdul Aziz vide a registered heba-bil-awaj deed being No.2084 dated 29.02.1980 and delivered possess......by set aside and the suit is hereby decreed . Communicate a copy of this judgment and decree immediately. Nozrul Islam Chowdhury J. - I agree. Ed. This Case is also Reported in: ..

Category: Evidence Law | Date: 3 Apr, 2012 | Hits: 113

Anti-Corruption Commi­ssion Vs. Unipay 2U Bangladesh Ltd., 2010, 39 CLC (HCD)

....on) Present: Md. Rezaul Haque J Anwarul Haque J Anti-Corruption Commi­ssion…………………….Petitioner Vs. Unipay 2U Bangladesh Ltd……………………Opposite Party Ju......llaneous Jurisdiction) Present: Md. Rezaul Haque J Anwarul Haque J Anti-Corruption Commi­ssion…………………….Petitioner Vs. Unipay 2U Bangladesh Ltd……………………Opp...... Result: The Rule is made absolute. Lawyers Involved: Md. Khurshid Alam Khan, Advocate - For the Petitioner.  SK Golam Hafiz, Advocate - For the Opposite Party. Md. Abdul Khaleque, Advocate - For the State. Criminal Miscellaneous Case No.1828 of 2011. Jud......48(1)2011 is hereby quashed. The trial Court is directed to pro­ceed with the said case immediately in accordance with law. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 444. ..

Category: Anti-Corruption Laws | Date: 22 Mar, 2012 | Hits: 138

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

....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 ..........................nha 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 .................................................Respondents Ju...... 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. ......vations. Ed. This Case is also Reported in: 64 DLR (AD) (2012) 113. ..

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

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

....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. ......Hossain J Md. Shamsul Huda J Chittagong Zilla Parishad represent­ed by its Chief Executive Officer, Chittagong Zilla Parishad, Chittagong...................................Petitioner Vs. Nurul Haque and others................................Respondents Order March 19...... 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)

.... 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...... Present: Nozrul Islam Chowdhury J KM Kamrul Kader J AHM Kamruzzaman Khan………………………….....Plaintiff-Appellant Vs. Register, Joint Stock Companies & Firms 24-25 Dilkusha C/A, Dhaka and other ….........section 42 of the Specific Relief Act…….(22) The Civil Rule being No.489 (F)/2010 is discharged. Cases Referred to- Messrs Chalna Fibre Company Ltd. Khulna and others Vs. Abdul Jabbar and 9 others 20 DLR (S.C) 335; Md. Shamsuzzaman Khan Vs. M.S. Islam and ors., 28 DLR-19......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. ..

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

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

.... 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. ...... Md. Abdul Wahhab Miah J Nazmun Ara Sultana J Syed Mahmud Hossain J Md. Shamsul Huda J Md. Nurul Islam Khan and others...................Petitioner (In both the cases) Vs. Azizul Islam and others................................Respondents (In both the cases) ...... 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)

.... (Civil Appellate Jurisdiction) Present: Sharif Uddin Chaklader J  Krishna Debnath J  Luthfor Rahman (Md.) and another.............Plaintiff-Appellants Vs. Bangladesh & others……………….....................Defendan......ision (Civil Appellate Jurisdiction) Present: Sharif Uddin Chaklader J  Krishna Debnath J  Luthfor Rahman (Md.) and another.............Plaintiff-Appellants Vs. Bangladesh & others………………..........................arker having possession enjoyed the suit land for more than 12 years, died leaving only son, Munnaf Sarker who by registered saf kabala deed No.13130 dated 11-7-1967 transferred 5.50 acres of land to Abdul Khalek Kha and Omar Kha, by registered deed No.9996 dated 16-11-1967 sold 1.73 acres of land t......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. ..

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

Commissioner of Customs and another Vs. Equity Construction Pvt. Ltd., 2012, 41 CLC (AD)

....extended till disposal of the appeal. Let this appeal be heard along with the appeals arising out of C.P. Nos. 1396-1397 of 2010. Ed. This Case is also Reported in: 9 ADC (2012) 876. ......J Muhammad Imman Ali J Md. Shamsul Huda J The Commissioner of Customs, Customs House (Import), Chittagong and another.................................................Petitioners Vs. Equity Construction Pvt. Ltd......................Respondent Order March 15, 201...... Ed. This Case is also Reported in: 9 ADC (2012) 876. ......extended till disposal of the appeal. Let this appeal be heard along with the appeals arising out of C.P. Nos. 1396-1397 of 2010. Ed. This Case is also Reported in: 9 ADC (2012) 876. ..

Category: Fiscal/Taxation Law | Date: 15 Mar, 2012 | Hits: 87

Rabeya Khanam Vs. State, 2012, 41 CLC (HCD)

.... in relation to the petition­er Let a copy of the Judgment be sent to the con­cerned Court for information and necessary action. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 467. ...... ......Hussain Mohammad Ershad Vs. State, 14 BLD (AD) 161; Hussain Moham Md. Ershad, Former President, Mrs. Raushan Ara Begum @ Mrs. Raushan Ershad, Abdus Shukur Prodhan, Md. Shahinur Islam, MM Rahmatullah, Abdul Wadud Vs. State, 14 BLD (AD) 178 = 45 DLR (AD) 48; Khorshed Alam Vs. Azizur Rahman, 48 DLR 36;...... in relation to the petition­er Let a copy of the Judgment be sent to the con­cerned Court for information and necessary action. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 467. ..

Category: Procedural Law | Date: 15 Mar, 2012 | Hits: 215

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

....…………...........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......13) 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 ......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 ..

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)

.... (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  ......ion (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&n......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. ..

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)

....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...... 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 and others............Respondents Judgment March 12, 2012. ...... 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. ..

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

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

....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......me Court High Court Division (Civil Appellate Jurisdiction) Present: Sharif Uddin Chaklader J Krishna Debnath J Noor Jahan Begum.........................Appellant Vs. Chairman, BSIC and others.................Respondents Judgment March 12, 2012. ......mplete or exhaust the provision of law and adjudicate the proceeding, otherwise it will be treated as premature. ....................................(17) Cases Referred to- Dr. MA Yahia Vs. Abdul Quader, 14 BLC (AD) 109; RAJUK Vs. Dhaka Water Supply, 14 BLC (AD) 129; Md. Badiul Alam Khondk...... 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.  ..

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)

....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......J Assistant Horticulturist Agriculture Extension Division Crop Section, Bobhanbagh Uddyan Base Police Station-Savar, District-Dhaka and others....................................Petitioners Vs. M. A. Sattar Bhuiyan being dead his heirs: 1(a) Aleya Begum and others ........Respondents ...... No.314 of 2005, is set aside. Ed. This Case is also Reported in: 9 ADC (2012) 644. ......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. ..

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

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

.... 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......ssain Haider J Muhammad Khurshid Alam Sarkar J Human Rights and Peace for Bangladesh (HRPB), represented by its secretary Asaduzzaman Siddiqui…………………….... Petitioner. Vs. Bangladesh, represented by the Secretary, Ministry of Civil Aviation, and others………...... 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: ..

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

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

.... (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......ivision (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 ......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. ......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. ..

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

Mojibur Rahman (Md.) and others Vs. State, 2012, 41 CLC (HCD)

....al Judge, Dhaka and also to the Chairman of the Anti-Corrup­tion Commission. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 36.         ......upreme Court High Court Division (Criminal Revisional Jurisdiction) Present: Md. Emdadul Huq J Mohammad Ullah J Mojibur Rahman (Md.) and others........Petitioners Vs. State…………………………&helli...... worked as employees of the Govern­ment Departments named যুব সংহতি or জাতীয় মহিলা সংস্থা. But two officers of the Ministry of Establishment, named Abdul Quiyum Bhuiyan, Deputy Secretary and Abdul Malek, Senior Assistant Secretary, issued three let......al Judge, Dhaka and also to the Chairman of the Anti-Corrup­tion Commission. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 36.         ..

Category: Anti-Corruption Laws | Date: 5 Mar, 2012 | Hits: 9

Mahbubur Rahman & others Vs. State, 2012, 41 CLC (HCD)

....of this Judgment and Order to the learned Divisional Special Judge, Dhaka and also to the Chairman of the Anti Corruption Commission. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 265. ......me Court High Court Division (Criminal Revisional Jurisdiction) Present: Md. Emdadul Huq J Mohammad Ullah J Mahbubur Rahman & others…………………………Petitioners Vs. State………………………………Opposite Party Judgment March 4, 2012. Resu......revention of Corruption Act, 1947 in connec­tion with absorption of the 11 accused-petition­ers as surplus Government employees. The accused petitioners were never Government employees. But accused Abdul Quyum. A Deputy Secretary of the Ministry of Establishment, issued a letter bearing No.এম-......of this Judgment and Order to the learned Divisional Special Judge, Dhaka and also to the Chairman of the Anti Corruption Commission. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 265. ..

Category: Criminal Law | Date: 4 Mar, 2012 | Hits: 37

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

....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......Court High Court Division (Civil Revisional Jurisdiction) Present: Sharif Uddin Chaklader J Krishna Debnath J Chittagong Steel Mills Ltd...............................Petitioner Vs. TM Syndicate & others..........................Opposite Parties Judgment March 4, ...... Dhaka directed the peti­tioner to pay Taka 22,03,240.15 in Title Execution Case No.25 of 2004. 2. Upon the contract dated 1-2-1996 there was a dispute and the dispute was referred to Mr. Justice Abdul Wadud Chowdhury, learned Arbitrator who passed the award at Taka 67,33,515.41; award was filed......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. ..

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

Barrister Mainul Hosein Vs. Md. Ali Hossain and another, 2012, 41 CLC (AD)

.... appreciation of law and fact do not call for interference. Accordingly, this criminal petition for leave to appeal is dismissed. Ed. This Case is also Reported in: 9 ADC (2012) 624. ......Sinha J Md. Abdul Wahhab Miah J Syed Mahmud Hossain J Muhammad Imman Ali J Md. Shamsul Huda J Barrister Mainul Hosein......................................Petitioner Vs. Md. Ali Hossain and another................................Respondents Judgment M...... Ed. This Case is also Reported in: 9 ADC (2012) 624. ...... appreciation of law and fact do not call for interference. Accordingly, this criminal petition for leave to appeal is dismissed. Ed. This Case is also Reported in: 9 ADC (2012) 624. ..

Category: Labour and Industrial Law | Date: 4 Mar, 2012 | Hits: 238