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General Manager, Bangladesh Bank Vs. Saiyed Shahidul Haque and others, 2003, 32 CLC (HCD)
....ecord cannot in any way affect legality and validity of acquisition of property and acquisition proceeding was not challenged from side of Defendants on institution of suit and learned Judge erred in holding that Plaintiffs Bank's title under acquisition by Government was not affected by documents a...... First Appeal No.9 of 2000. Judgment AK Badrul Huq J.- This civil proceeding by way of First Appeal before this Court depicts a lamentable episode and an apt paradigm how blood of one organ of Government could be sucked by another unit of the said Government. 2. In challenge of a Judgment d..Category: Property Law | Date: 23 Aug, 2003 | Hits: 35
Shafiqul Islam Vs. Government of Bangladesh and another, 2003, 32 CLC (AD)
....grudge and he was arrested by the police and was placed under suspension on 7‑12‑1983 with effect from 27‑10‑1983. The case was ultimately brought before the Special Judge. Dhaka Division for holding trial for allegations of offence under section 161 of the Penal Code read with section 5(2) ...... Supreme Court Appellate Division (Civil) Present: Md. Ruhul Amin J A S Ahammad J MM Ruhul Amin J Shafiqul Islam………..............................Petitioner Vs. Government of Bangladesh and another…….Respondents Judgment August 23, 2003. Result:..Category: Administrative Law | Date: 23 Aug, 2003 | Hits: 128
Capital Tower Ltd. Vs. Mirpur Mazar Co operative Market Society Ltd. & ors, 2004, 33 CLC (AD)
.... is the communication from the authority rejecting the prayer for allotment of the plaintiff since the area has been shown in the “master plan" as car park]. The High Court Division, in holding the lease deed registered in favour of the defendant No. 6 collusive and fraudulent and con......pur Mazar Co‑operative Market Society Limited, is the owner of three‑storied super market building at 1, Darus Salam, Mirpur, Dhaka on a land about three bighas leased out by the Government to the Society by the registered deed of lease dated April 24, 1981 ‑, that the lan..Category: Property Law | Date: 18 Aug, 2003 | Hits: 216
Debendra Kumar Saha & another Vs. Uttara Bank Ltd, 2003, 32 CLC (HCD)
....aintiff is entitled to. 7. On consideration of the depositions and documentary evidences on record, the learned Assistant Judge by his judgment and decree dated 21‑10‑1989 dismissed the suit holding that the defendants are not defaulter, the tenancy is on yearly basis and the plaintiff fail...... Party. Civil Revision No.474 of 1991 with Civil Revision No.475 of 1991. Judgment Sharifuddin Chaklader J.- These two Rules arise from a common judgment, as such, this judgment would govern both the Rules. 2. Plaintiff-opposite party filed Title Suit Nos.396 and 397 of 1981 in t..Category: Tenancy Law | Date: 12 Aug, 2003 | Hits: 3
Loretto represented by Nasreen Rahman, Principal Vs. Nasreen Sobhan and another, 2003, 32 CLC (HCD)
....vacant possession of the entire suit premises to the plaintiffs. It was asserted that the defendant shall be bound to pay a sum of Taka 5000 per day as compensation for unauthorised occupation of the holding. It was mentioned that the plaintiffs also served a notice on 27‑9‑1998 upon the defenda...... suit property and for delivery of vacant possession of the suit property in their favour contending, inter alia, that the property described in the schedule of the plaint originally belonged to the Government of Bangladesh and was allotted to the husband of the plaintiff No.1 by executing a registe..Category: Tenancy Law | Date: 4 Aug, 2003 | Hits: 171
Motiar Rahman (Md.) and 18 others Vs. Government of the People's Republic of Bangladesh and others
....te/Additional District Magistrate in contradistinction to the word "Punitive Detention” according to Webster’s Third New International Dictionary means an act or fact of detaining, a holding in custody of a tardy pupil after school hours, a holding back of a motorist by a traffic of...... (Special Original Jurisdiction) Present: MA Aziz J Syed Refaat Ahmed J Motiar Rahman (Md.) and 18 others………………Petitioners Vs. Government of the People's Republic of Bangladesh and others………Respondents ..Category: Constitutional Law | Date: 29 Jul, 2003 | Hits: 11
Hossain Shially (Fakir) Vs. State, 2003, 32 CLC (HCD)
....e Code of Criminal Procedure, produced the victim before competent Magistrate for recording her statement under section 164 of the Code of Criminal Procedure as well as before the medical officer for holding medical test to ascertain the allegation of rape, seized alamats and finally, submitted a ch......he file of the present trial Court who, on the basis of materials available on record, framed charge against the accused-appellant, and three others under sections 6(1)/14 of the said Ain and read it over to the accused on dock to which they pleaded not guilty and demanded trial. 5. The prosecuti..Category: Women and Children | Date: 19 Jul, 2003 | Hits: 162
Bangladesh Vs. Rehana Kamal and ors., 2004, 33 CLC (AD)
....order dated 9‑11‑1997 of the High Court Division passed in Writ Petition No. 1320 of 1993 making the Rule absolute declaring the inclusion of the respondent's property at Plot Nos. 537 and 538 of holding No. 14, Road No. 8, Dhanmondi Residential Area, Dhaka in the 'Ka' list of the abandoned prop......o as to deprive him of a right to be a citizen of a country where he was born. In the instant case documents filed by the respondents to show that they are citizens of Bangladesh having not been controverted by any tangible evidence it cannot be said they are not citizens of Bangladesh…………â€..Category: Immigration and Citizenship Law | Date: 8 Jul, 2003 | Hits: 279
Abdul Kader Rabbani and others Vs. Ebaruddin and others, 2003,32 CLC (HCD)
....decree holders preferred second Miscellaneous Appeal No.22 of 1978 and the said appeal was disposed of at the Rangpur Session of the High Court Division and the High Court Division allowed the appeal holding that there was no materials on record to show that Abdul Aziz was an Indian National and sen......dinance XLVIII of 1983 the Subordinate Judge had no jurisdiction to entertain any matter under section 47 of the CPC and, as such, the Miscellaneous Appeal was not maintainable and dismissed the same overlooking the direction of the High Court Division in second Miscellaneous Appeal No.22 of 1978. ..Category: Civil Law | Date: 1 Jul, 2003 | Hits: 4
Chan Miah (Md) Vs. Md. Dabirul Islam Khan & ors., 2004, 33 CLC (AD)
....#8209;emption has to be accompanied with the consideration money together with compensation thereon at the rate of 10%. Section 96(4) of the Act provides that any co‑sharer tenant to the case holding can apply within 2 months from the date of service of summons under section 96(3)(b) of th......etitioner is claiming the pre‑emption as a co‑sharer by contiguity but the applicant (the present petitioner) being a co‑sharer tenant by inheritance is entitled to have priority over the pre‑emptor. Upon hearing the application and the parties the learned Subordinate Jud..Category: Property Law | Date: 5 May, 2003 | Hits: 141
Bangladesh Biman Corporation, represented by MD Vs. Rabia Bashri Irene and others, 2003, 32 CLC (AD)
.... reasonable and legal goal of achieving commercial viability and competitiveness, which was different from terms and conditions of the recruitment batches 1‑27, the High Court Division was wrong in holding that the policy change could not and should affect the terms and conditions of the Stewardes......nal contract of employment. It has been stated by the writ‑petitioners that they were not aware of Corporation's resolution dated July 18, 1993 and that the said resolution was not approved by the Government, nor the same was published in the official gazette. 5. The Rules have been contested b..Category: Employment/Service Law | Date: 30 Apr, 2003 | Hits: 164
United Commercial Bank Ltd. Vs. Jahangir Alam Khan & ors., 2004, 33 CLC (AD)
....l, hold and conduct a meeting on the happening of any circumstances the Court being satisfied to that effect to call a meeting in the manner such a meeting is to be called, could pass an order for holding the meetings to be conducted by a neutral Chairman even in the absence of an application un...... 2. The facts leading to the filing of this application are that, the share holders of UCBL are divided into three groups, the Sponsors/Directors are in Group 'A' holding 50% of the shares, the Government of Bangladesh and Public Sector Financial Institutions are in Group 'B' holding 5% share..Category: Business or Commercial Law | Date: 22 Apr, 2003 | Hits: 201
Amir Hossain Vs. MA Malek & others, 2004, 33 CLC (AD)
....urrendered to the Court on 3‑7‑2001 and were then enlarged on ad‑interim bail on the same date. In the meantime, the case was transferred to the court of the Metropolitan Magistrate, Dhaka, for holding trial and 13‑7‑2001 was fixed for framing charge. Since 13‑7‑2001 and 14‑7‑2001 ...... is no bar for the complaint case to proceed side by side with winding up proceeding. In view of the above, the appeal is allowed. Ed. This Case is also Reported in: 56 DLR (AD) 146. ..Category: Criminal Law | Date: 15 Apr, 2003 | Hits: 88
Abdul Jalil Sarder Vs. State, 2003, 32 CLC (AD)
....eat was not shown the High Court Division, in our opinion, was in error in not taking into consideration the prosecution case and defence of the appellant in correct perspective and thereupon in holding that prosecution was able to establish at least partial misappropriation of wheat i. e.......ted by him and that submitted 3rd master roll with the Project Implementation officer showing utilization of entire quantity of wheat. It may be mentioned that project Implementation officer, a government functionary, was cited as witness in the prosecution report, but no explanation was offere..Category: Anti-Corruption Laws | Date: 12 Apr, 2003 | Hits: 158
Suo Moto Order No. 248 of 2003, 32 CLC (HCD)
....ting 'Odhikar' another non-government organization of the country also addressed the Court who submits that in fact their organization also with Save the Children (U.K.) Dhaka took the initiative for holding survey and enquiry into plights of the Children in different jails of the country on the bas...... Result: The suo moto order is disposed of with certain observations. Lawyers Involved: A. F. Hassan Ariff, Attorney General with Adilur Rahman, Deputy Attorney General - for the Government. M. Idrisur Rahman and Dr. Nayeem Ahmed - for Oparajoy Bangladesh. Md. Asaduzzam..Category: Women and Children | Date: 9 Apr, 2003 | Hits: 148
Sazzadul Haque Liku (Md.) and others Vs. Sarder Anwar Hossain, 2003, 32 CLC (HCD)
....In the suit the plaintiff filed an application under Order XXXIX, rules 1 and 2 of the Code of Civil Procedure praying for an order of temporary injunction restraining defendant Nos.1, 2 & 9 from holding election at Noldanga and Panchapolli polling stations in place of Debipur and Joypur schedul......munication available to the people of the area defendant No.8, Returning Officer after making spot inquiry decided to set up two now polling stations Debipur Primary School and Joypur Registered Non-Government Primary School. The Returning Officer sent the names of the polling station of defendant N..Category: Civil Law, Election Law | Date: 24 Mar, 2003 | Hits: 2
Motiur Rahman and others Vs. Chowdhury Md Mahfuzul Islam and ors., 2003, 32 CLC (AD).
....ourt Division on 2nd July, 2601 in Writ Petition No. 456 of 2001 making the Rule absolute. 2. The Civil Appeal No. 443 of 2001 is by Motiur Rahman and others who are holding the (separated) posts of Superintending Engineer, in Bangladesh Agricultural Development Cor......angladesh 1972, Article 102 Bangladesh Agricultural Development Corporation, Retirement and Promotion Procedure, 1972 It is a long established law that a government entity cannot have double standard nor can it be allowed to pick and choose beyond the pr..Category: Others | Date: 24 Mar, 2003 | Hits: 87
Moinul Haque (Md) & anr. Vs. State, 2004, 33 CLC (AD)
....n and it had subsequently been seized by the police. From the evidence of PW 45 Dr. Motlub Ahmed, PW 46 Dr Kamrun Nessa and PW 49 Dr Amirul Hossain Chowdhury it appears that the medical board after holding post mortem examination found a number of injuries including, "both the labia majora ......f 1995), Section 6(4) The Penal Code, 1860 (XLV of 1860), Section 32 To connect the accused of a gang involved in an offence, it is not necessary to prove individual overt act for an offence under section 6(4). This rule provides for punishment both for individual ..Category: Criminal Law | Date: 13 Mar, 2003 | Hits: 316
Nahar Shipping Lines Ltd. & anr. Vs. Homera Ahmed & ors., 2004, 33 CLC (AD)
....r of the company named in the articles and harsh, burdensome and wrongful conduct were accepted as being situations covered by the section. The case covered the powers of the managing director, the holding of annual general meeting and the appointment of auditors. The court gave appropriate direc...... accounts, and had no relationship with the trading results of the company. The effect of the draft accounts as prepared by the majority shareholders, showed that the company had got a loss of over Taka 3 1 lac. According to the adjustments to the draft accounts the loss should have been in ..Category: Business or Commercial Law | Date: 12 Mar, 2003 | Hits: 273
Aloke Nath Dey Vs. Govt. of BD. rep. by the DC, 2004, 33 CLC (AD)
....in the instant case. 5. The succession certificate was granted by the District Delegate. The judgment and order granting succession certificate was set aside by the High Court Division holding primarily that no succession certificate could be granted of those ornaments as those were ......n (Civil) Present: Mainur Reza Chowdhury CJ Syed JR Mudasir Hussain J AS Ahammed J Aloke Nath Dey.........................Appellant Vs. Government of Bangladesh represented by the Deputy Commissioner. ...Respondent Jud..Category: Property Law | Date: 11 Mar, 2003 | Hits: 436
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