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Al-Haj Abdul Maleque Gazi Vs. Government of Bangladesh, 2007, 36 CLC (HCD)

....n) Present: Mir Hashmat Ali J Sayed Abu Kowser Md. Dabirush Shan J Al-Haj Abdul Maleque Gazi…………………..Petitioner Vs. The Government of the People's Republic of Bangladesh represented by the Deputy Commissioner, Chandp......e case, we do not find any substance in the instant Rule. The Rule is therefore, discharged without any order as to costs. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 184. ......e case, we do not find any substance in the instant Rule. The Rule is therefore, discharged without any order as to costs. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 184. ..

Category: Evidence Law | Date: 3 Jun, 2007 | Hits: 10

Faruk Ahmed and another Vs. Bangladesh, 2007, 36 CLC (HCD)

....beda Begum Vs. Public Service Commission reported in 59 DLR 182 =1997 BLD 64. We are also in respectful agreement with the aforesaid view. 14. In such view of the facts, we hold that the Government is under obligation to act fairly and reasonably, which were not done in the cases of pe......ssion (Annexure-D) within two months from the date of receipt of this judgment and order. Communicate the order at once. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 151. ......ssion (Annexure-D) within two months from the date of receipt of this judgment and order. Communicate the order at once. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 151. ..

Category: Others | Date: 16 May, 2007 | Hits: 4

Bangladesh Vs. Chairman, First Court of Settlement and another, 2007, 36 CLC (HCD)

...., First Court of Settlement and another............Respondents Judgment May 6, 2007. Result: The Rule is made absolute without any order as to cost. Cases Referred to- Government of Bangladesh, represented by the Secretary, Ministry of Works Vs. Md. Jalil, 48 DLR (AD......t. The order of stay granted earlier by this Court stands vacated. Send down the record to the concerned Court. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 153. ......t. The order of stay granted earlier by this Court stands vacated. Send down the record to the concerned Court. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 153. ..

Category: Property Law | Date: 6 May, 2007 | Hits: 5

Mohan Meah Vs. Dhaka City Corporation Mayour, Dhaka, 2007, 36 CLC (HCD)

....al cases in the Civil Court as well as in the High Court Division for allotment of shops by the Dhaka City Corporation. 3. One case namely Writ Petition No.32 of 1987, filed by Hawkers' Plaza Government Market Baboshayee Samity of which the petitioner claims to be a member, was decreed in c......on of the Corporation. With the above observation, this Rule is disposed off. There will be no order as to costs. Ed. This Case is also Reported in: 13 BLC (HCD) (2008) 927. ......t­ment of Shop No.D-53. Thus in our view, the petitioner is entitled to get shop No.D-53 as offered to him by the respondent No.1 and he is required to take possession of the same by clearing all dues to the Dhaka City Corpora­tion within 60 days from receipt of a copy of this judgment failing..

Category: Civil Law | Date: 29 Apr, 2007 | Hits: 2

Tabibullah and others Vs. Bangladesh and others, 2007, 36 CLC (HCD)

....D) 235 = 45 DLR (AD) 120. Lawyers Involved: Md. Nurul Amin with AKM Shahidul Huq and Md. Aminul Ehsan, Advocates — For the Petitioners. Md. Abdullah, Assistant Attorney-General — For the Government opposite Party.       MD. Jabbar Advocate — for addit......pposite parties is allowed. Petitioners are added as eighth-fifteenth opposite parties in Civil Revision case. No cost. Ed. This Case is also Reported in:   61 DLR (HCD) (2009) 46. ......pposite parties is allowed. Petitioners are added as eighth-fifteenth opposite parties in Civil Revision case. No cost. Ed. This Case is also Reported in:   61 DLR (HCD) (2009) 46. ..

Category: Procedural Law | Date: 4 Apr, 2007 | Hits: 32

Arab Bangladesh Bank Limited, Motijheel Branch, Dhaka Vs. The Artha Rin Adalat and others, 2007, 36 CLC (HCD)

....discharged and the Rule in Writ Petition No.5961 of 2004 is made absolute. There will be no order as to costs. Ed. This Case is also Reported in: 29 BLD (HCD) (2009) 284.   ......discharged and the Rule in Writ Petition No.5961 of 2004 is made absolute. There will be no order as to costs. Ed. This Case is also Reported in: 29 BLD (HCD) (2009) 284.   ......te then sec­tion 33(7) cannot be invoked. The right given under section 33(7) is a right given in favour of the decree holder so that when the property cannot be sold in auction, and the decretal dues cannot be realized, the interest of the decree holder is not frustrated. Rather the de­cree..

Category: Banking Law | Date: 12 Mar, 2007 | Hits: 6

Most. Azmiri Begum and others Vs. Government of Bangladesh and others, 2007, 36 CLC (HCD)

....inal jurisdiction) Present: Mir Hashmat Ali J Md. Fazlur Rahman J Most. Azmiri Begum and others ………………………Petitioners (In both the writ petitions) Vs. Government of Bangladesh represented by the Secretary, Ministry of Land, Bangladesh Secretariat, P.......y of Land and Respondent No.2 Director General, Land Record and survey Tejgaon, Dhaka for information and necessary action. Ed. This Case is also Reported in: 17 MLR (HCD) (2012) 400. ......y of Land and Respondent No.2 Director General, Land Record and survey Tejgaon, Dhaka for information and necessary action. Ed. This Case is also Reported in: 17 MLR (HCD) (2012) 400. ..

Category: Property Law | Date: 7 Mar, 2007 | Hits: 10

Safazuddin and another Vs. State, 2007, 36 CLC (HCD)

....s called. He treated Runa Laila. There had been profuse bleeding. Runa Laila was admitted in Rabeya Clinic and she was under treatment there for seven (7) days and, thereafter, she was taken to Savar Government Hospital. Doctors of Government Hospital advised her to be shifted to Dhaka Medical Colle......ond furnished by him stands discharged/cancelled. Lower Court Records be sent down at once. Ed. This Case is also Reported in: 27 BLD (HCD) (2007) 321, 13 BLC (HCD) (2008) 271. ......ond furnished by him stands discharged/cancelled. Lower Court Records be sent down at once. Ed. This Case is also Reported in: 27 BLD (HCD) (2007) 321, 13 BLC (HCD) (2008) 271. ..

Category: Women and Children | Date: 28 Feb, 2007 | Hits: 75

Md. Kamruzzaman Babul and others Vs. State and another, 2006, 35 CLC (HCD)

....nt filed a petition of complaint before the Nari-O-Shishu Nirjatan Daman Bishesh Adalat, Dhaka against 9 accused persons including these petitioners alleging, inter-alia, that the informant being a Government servant went to United States in 1994 for higher studies, who came to Bangladesh on lea...... of 2001 under sections 6(1)/7/30 of Nari-O-Shishu Nirjatan Daman Ain, 2000 is quashed. Communicate the order at once. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 68. ...... of 2001 under sections 6(1)/7/30 of Nari-O-Shishu Nirjatan Daman Ain, 2000 is quashed. Communicate the order at once. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 68. ..

Category: Women and Children | Date: 19 Nov, 2006 | Hits: 11

State Vs. Md. Abdul Gofur, 2006, 35 CLC (HCD)

....no Court shall proceed with the trial. It is also not acceptable that the Court shall proceed with holding trial in such a case of grave nature by nominating an Advocate to act as a defence lawyer at Government ex­penses in the midst of examining the prose­cution witnesses as it was done in ......general Cell of other under trial prisoners. Send down the L.C.Rs. along with a copy of the judgment to the Court below at Ed. This Case is also Reported in: 26 BLD (HCD) (2007) 665. ......general Cell of other under trial prisoners. Send down the L.C.Rs. along with a copy of the judgment to the Court below at Ed. This Case is also Reported in: 26 BLD (HCD) (2007) 665. ..

Category: Criminal Law | Date: 19 Oct, 2006 | Hits: 6

Mst. Kabita Khatun Vs. Md. Tarikul Islam (minor) and others, 2006, 35 CLC (HCD)

....1 was student of dull brain and as such he started his education late and studied in different institutions in different ways. The date of birth of the plaintiff No.1 was noted in the register of the Government Hazrahati Primary School as 10.07.1981 and in fact he was 24 years of age at the time of ......mpugned judgment and decree are set aside and this those of the trial Court are confirmed there shall be no order as to costs. Ed. This Case is also Reported in: 27 BLD (HCD) (2007) 225. ......mpugned judgment and decree are set aside and this those of the trial Court are confirmed there shall be no order as to costs. Ed. This Case is also Reported in: 27 BLD (HCD) (2007) 225. ..

Category: Women and Children | Date: 7 Aug, 2006 | Hits: 127

R.K. Jute Mills Ltd. Vs. Government of Bangladesh and others, 2006, 35 CLC (HCD)

.... Commer­cial Area, Motijheel, Dhaka……………………………………………Petitioner Vs. Government of Bangladesh and others……………………........ The Rule is discharged without any order as to costs. The order of stay granted earlier by this Court is hereby vacated. Ed. This Case is also Reported in: 26 BLD (HCD) (2007) 579. ....... The Rule is discharged without any order as to costs. The order of stay granted earlier by this Court is hereby vacated. Ed. This Case is also Reported in: 26 BLD (HCD) (2007) 579. ..

Category: Business or Commercial Law | Date: 3 Aug, 2006 | Hits: 5

Additional Deputy Commissioner (Reve­nue) and Assistant Custodian, Vested Property, Jamalpur Vs. Md. Ubbar Mondal and others, 2006, 35 CLC (HCD)

.... the case of the defendant No.3 (petitioner) is that as Mohini Mohan Chowdhury, the owner of the suit land migrated to India after partition of India, the suit land by operation of land vested to the Government as vested property. 9. The trial Court on consideration of the evidence found the sa......992 is hereby affirmed. Send down the lower Court's records at once with a copy of this judgment for in­formation. Ed. This Case is also Reported in: 26 BLD (HCD) (2007) 488. ......992 is hereby affirmed. Send down the lower Court's records at once with a copy of this judgment for in­formation. Ed. This Case is also Reported in: 26 BLD (HCD) (2007) 488. ..

Category: Abandoned Properties Law | Date: 24 Jul, 2006 | Hits: 21

Nani Gopal Hazra Vs. Sree Nagendar Nath Roy and others, 2006, 35 CLC (HCD)

....missing the same is set aside and the Misc. case No.58 of 1972 is allowed. Send down the Lower Court's Record at once. Ed. This Case is also Reported in: 26 BLD (HCD) (2007) 540. ......missing the same is set aside and the Misc. case No.58 of 1972 is allowed. Send down the Lower Court's Record at once. Ed. This Case is also Reported in: 26 BLD (HCD) (2007) 540. ......missing the same is set aside and the Misc. case No.58 of 1972 is allowed. Send down the Lower Court's Record at once. Ed. This Case is also Reported in: 26 BLD (HCD) (2007) 540. ..

Category: Hindu Law, Property Law | Date: 19 Jul, 2006 | Hits: 15

Nirmalandu Nath Majumder Vs. State, 2006, 35 CLC (HCD)

....nd others for declaration of his raioti right in the land described in the schedule of the plaint (hereinafter referred to as the suit land) and also for declaration that ROR in the name of defendant Government is wrong. The plaintiff claims that the suit taluks along with its khas lands originally ......ass Appeal No.256 of 1984 is hereby affirmed. Send down the lower court records at once along with a copy of the judgment. Ed. This Case is also Reported in: 26 BLD (HCD) (2007) 493. ......ass Appeal No.256 of 1984 is hereby affirmed. Send down the lower court records at once along with a copy of the judgment. Ed. This Case is also Reported in: 26 BLD (HCD) (2007) 493. ..

Category: Procedural Law | Date: 2 Jul, 2006 | Hits: 3

Syed Jasimuddin and others Vs. Moulana Abu Musa Siddique & others, 2006, 35 CLC (HCD)

....d in the body of this judgment. Let the lower Court records along with a copy of this judgment be sent down at once. Ed. This Case is also Reported in:  61 DLR (HCD) (2009) 518. ...... father and by way of an amicable arrangement with their mother and sisters. However, the defendant-petitioners took oral lease of the suit shop house from the plaintiff-opposite-parties at a monthly rental of Taka 200 since 1st March, 1992.Prior to that the father of the petitioners used to run bus......e vacant possession of the suit shop house by 31 -1 -1997. It is on record that the notices under section 106 of the Act were received by the defendant petitioners on 11-1-1997 and the acknowledgment dues evidencing receipt of the notices have been admitted in evidence; but through inadvertence, tho..

Category: Civil Law | Date: 2 Jul, 2006 | Hits: 4

M/S. Diplomat Garment (Pvt.) Ltd. Vs. The Commissioner of Customs, Customs House, Dhaka & ors., 2006, 35 CLC (HCD)

....nt of Tk.2,14,50,715.00 on the ground that the Corresponding exports were not made against the aforesaid goods imported and those imported goods were sold in the local market and thereby deprived the Government of the tax amount and that being aggrieved there against the peti­tioner moved with w......Bond/96/17407, evidenced by Annexure-E to the Writ Petition, is declared to be without lawful authority and of no legal effect. Ed. This Case is also Reported in: 26 BLD (HCD) (2007) 471. ......Bond/96/17407, evidenced by Annexure-E to the Writ Petition, is declared to be without lawful authority and of no legal effect. Ed. This Case is also Reported in: 26 BLD (HCD) (2007) 471. ..

Category: Business or Commercial Law, Civil Law | Date: 25 May, 2006 | Hits: 5

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

....ka and the respondent No.4 is the convict Hossain Md. Ershad. 4. The petitioner, being engaged in public interest litigation to ensure and enhance public awareness of the duties and obligations of Government agencies and increase accountability and transparency of State actions, is particularly c......te a copy of the judgment and order at once to the concerned authority for information and necessary action in accor­dance with law. Ed. This Case is also Reported in: 13 BLC (HCD) (2008) 657. ......under­going imprisonment in default of fine and, as such, the respondent Government be directed to perform its statutory duties and functions for realising the fine of Taka 2,74,35,400 as the public dues and the Rule is liable to be made absolute. 16. Mr. Sheikh Mohd Serajul Islam, the learned A..

Category: Criminal Law | Date: 25 May, 2006 | Hits: 43

Mostafa Kamal Vs. State, 2006, 35 CLC (HCD)

.............(17) Asking safe custody of victim girl or child as of right Discretionary authority of the Tribunal to pass an order to put any girl in safe custody outside jail in the custody of Government authority or any person or organization in course of trial of an offence under the Ain is......to the Superintendent of Police, Chittagong and Officer-in-Charge, Rangunia Police Station, P.S. Rangunia, District Chittagong. Ed. This Case is also Reported in: 26 BLD (HCD) (2007) 311. ......to the Superintendent of Police, Chittagong and Officer-in-Charge, Rangunia Police Station, P.S. Rangunia, District Chittagong. Ed. This Case is also Reported in: 26 BLD (HCD) (2007) 311. ..

Category: Women and Children | Date: 10 May, 2006 | Hits: 6

National Securities and Consultant Ltd. Vs. Chairman, Securities and Exchange Commission, 2006, 35 CLC (HCD)

....4 para-11 a Divi­sion Bench of this Court discussed the devel­opment of the concerned laws in the follow­ing terms: "Securities and Exchange Ordinance was promulgated by the then Central Government of Pakistan in 1969 for the protection of investors, regulation of markets and dealing ...... In the result, the Rule is discharged. Communicate the judgment and order immediately to the parties concerned. Ed. This Case is also Reported in: 28 BLD (HCD) (2008) 57. ...... In the result, the Rule is discharged. Communicate the judgment and order immediately to the parties concerned. Ed. This Case is also Reported in: 28 BLD (HCD) (2008) 57. ..

Category: Business or Commercial Law | Date: 9 May, 2006 | Hits: 6