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Serajuddin Shah (Md.) Vs. Secretary, Ministry of Religious Affairs and others, 1999, 18 CLC (HCD)

...., is not without lawful authority. In the result, the Rule is discharged without any order as to cost. Order of stay stands vacated. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 479....... respondent No.3, Deputy Administrator of Waqfs (1) as official Mutawalli (Annexure-F) should not be declared to have been made without lawful authority and of no legal effect. 2. Learned Advocate for the petitioner, after placing the petition and other materials on record, submitted that petitio......(Special Original Jurisdiction) Present: Kazi Ebadul Hoque J Md. Muzammel Hossain J Serajuddin Shah (Md.)………………..Petitioner Vs. Secretary, Ministry of Religious Affairs and others………………..Respondents Judgment August 5, 1999. Result: The Rule is d......, is not without lawful authority. In the result, the Rule is discharged without any order as to cost. Order of stay stands vacated. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 479...

Category: Trust/Waqf Law | Date: | Hits: 142

Government of Bangladesh and others Vs. Md. Shafiqur Rahman, 2011, 40 CLC (AD)

....Wit Petition No.3969 be stayed till hearing of the appeal. The appellants are directed to make the appeal ready for expeditious hearing. Ed. This Case is also Reported in: VIII ADC (2011) 572.......y General instructed by Mrs. Mahmuda Begum, Advocate-on-Record-For the Petitioners. Salahuddin Dolan, Advocate instructed by Zahirul Islam, Advocate-on-Record-For the Respondent. Civil Petition for Leave to Appeal No.1688 of 2010. (From the judgment and order dated the 18th and 19th Novembe......ndra Kumar Sinha J Md. Abdul Wahhab Miah J Nazmun Ara Sultana J Syed Mahmud Hossain J Muhammad Imman Ali Muhammad Mamtaz Uddin Ahmed J Md. Shamsul Huda J Government of Bangladesh and others………............Petitioners Vs. Md. Shafiqur Rahman……............................Wit Petition No.3969 be stayed till hearing of the appeal. The appellants are directed to make the appeal ready for expeditious hearing. Ed. This Case is also Reported in: VIII ADC (2011) 572...

Category: Employment/Service Law | Date: | Hits: 86

Ali Akbar (Md.) Vs. State and others, 1998, 17 CLC (HCD)

....ice and Parliamentary Affairs for information and necessary action after bringing the judgment to the notice the respective Minister. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 268. ......Amicus Curiae. MA Wahab Miah, Advocate —For the Opposite Party Nos. 2-7. Criminal Revision No. 3109 of 1991. Judgment Kazi Ebadul Hoque J.- This Rule was issued at the instance of the informant-petitioner Md. Ali Akbar calling upon the accused opposite parties to show cause as to why j...... 51 DLR (HCD) (1999) 268. ......ice and Parliamentary Affairs for information and necessary action after bringing the judgment to the notice the respective Minister. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 268. ..

Category: Criminal Law | Date: | Hits: 64

Manjurul Haque and 12 others Vs. Bangladesh, represented by the Secretary, Ministry of Law, Justice and Parliamentary Affairs, and others, 1999, 18 CLC (HCD)

....respective Rule is to pay cost @ Taka 1,000.00 (one thousand) only to each of the contesting respondent Nikah Registrars or Registrars. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 261.......yed Mohammad Hossain, Advocate—For the Respondent No.6 (In Writ Petition No. 2341 of 1998). Shahabuddin Ahmad, Deputy Attorney-General—For B (In Writ Petition No. 2341 of 1998). Md. Hossain for Abdur Razzaque, Advocate— For the Petitioner (In Writ Petition No. 2927 of 1998). Md. Azizu......se is also Reported in: 51 DLR (HCD) (1999) 261.......respective Rule is to pay cost @ Taka 1,000.00 (one thousand) only to each of the contesting respondent Nikah Registrars or Registrars. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 261...

Category: Civil Law | Date: | Hits: 89

Golam Mostafa Miah (Md.) Vs. Bangladesh, represented by the Secretary, Ministry of Establishment and others, 1988, 17 CLC (HCD)

....˜without lawful authority and are of no legal effect. In the result the Rule is made absolute without however any order as to costs. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 248.......apacities at different places. He was Private Secretary to the Minister of Forest, Fisheries and Live Stock from October, 1973 to 9-11-75. He also served as Private Secretary to the Minister of State for Labour and Industrial Affairs from April, 1979 to August, 1979. Thereafter he was appointed Cont......ction) Present: Mainur Reza Chowdhury J MA Aziz J Golam Mostafa Miah (Md.) ……………………Petitioner Vs. Bangladesh, represented by the Secretary, Ministry of Establishment and others …………….Respondents Judgment November 4, 1988. Result: The Rule is ......˜without lawful authority and are of no legal effect. In the result the Rule is made absolute without however any order as to costs. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 248...

Category: Employment/Service Law | Date: | Hits: 73

Anwarul Hoque (Md.) Vs. Golam Mahmud and Md. Mohsin, 1999, 18 CLC (HCD)

....tary, Ministry of Law, Justice and Parliamentary Affairs for circulation to the District Judges for guidance of all subordinate courts. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 242.......-97. Operative portion of that order of the Court was as follows: “Ordered that the Misc. Case be allowed on contest with cost. The petitioner is to realise Taka 39,567.05 as due on 31-10-79 and for subsequent period the petitioner is entitled to realise interest at the rate of 5% till the real......9) 242.......tary, Ministry of Law, Justice and Parliamentary Affairs for circulation to the District Judges for guidance of all subordinate courts. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 242...

Category: Criminal Law | Date: | Hits: 73

State Vs. Deputy Commissioner, Satkhira and others, 1992, 21 CLC (HCD)

....y of its departments or organisations in order to mitigate his sufferings and compensate his loss to some extent. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 643. ......t of Bangladesh, Deputy Commissioner, Satkhira, Superintendent of Police, Sathkira and the Jailor, Satkhira Jail, Satkhira, to show cause as to why the detenu Md. Nazrul Islam should not be brought before this Court to be dealt with in accordance with law and to show cause under what authority they ......High Court Division (Criminal Miscellaneous Jurisdiction) Present: Md. Mozammel Hoque J Mahfuzur Rahman J State…………………Petitioner Vs. Deputy Commissioner, Satkhira and others………………Opposite Parties Judgment December 9, 1992. Result: The Rule......y of its departments or organisations in order to mitigate his sufferings and compensate his loss to some extent. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 643. ..

Category: Criminal Law | Date: | Hits: 97

Shamima Khatoon and another Vs. Bangladesh, represented by the Secretary, Ministry of Works and others, 1993, 22 CLC (HCD)

....spondents to restore possession of the disputed house to them. The Rule is, accordingly, discharged without any order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 601. ......dents of Bangladesh. The disputed house was leased out by the erstwhile Government of East Pakistan to one Md. Moinuddin, son of late Md. Hanif on hire purchase system under the rehabilitation scheme for a period of 99 years on basis of a registered deed of lease executed and registered on 1.2.63 by...... also Reported in: 45 DLR (HCD) (1993) 601. ......spondents to restore possession of the disputed house to them. The Rule is, accordingly, discharged without any order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 601. ..

Category: Property Law | Date: | Hits: 89

SM Abdur Rob Vs. Bangladesh, represented by the Secretary, Ministry of Local Government, Rural Development and others, 1991, 20 CLC (HCD)

....s of the said Union Parishad in the last week of January, 1992. On the grounds stated above the application is summarily rejected. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 581. ......AY Salehuzzaman, Deputy Attorney General ‑ For the Respondent No.1. Writ Petition No. 3096 of 1991. Judgment Fazle Hussain Mohammad Habibur Rahman J.- The petitioner Md. SM Abdur Rob prays for issuance of Rule Nisi calling upon the respondents to show cause why the impugned Memo No.606/1(......e Hussain Mohammad Habibur Rahman J Abdul Hasib J SM Abdur Rob…………………Petitioner Vs. Bangladesh, represented by the Secretary, Ministry of Local Government, Rural Development and others..................Respondents Judgment December 19, 1991. Result The applicati......s of the said Union Parishad in the last week of January, 1992. On the grounds stated above the application is summarily rejected. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 581. ..

Category: Election Law | Date: | Hits: 129

Seing Hia Maung Vs. Government of Bangladesh and others, 2000, 29 CLC (HCD)

....be set at liberty at once if not wanted in any other connection. The detenu be released within three hours from time of receipt of the order. Ed. This Case is also Reported in: 55 DLR (2003) 327....... Md. Hamidul Haque J.- This Rule was issued calling upon the respondents to show cause as to why the detenu Modhuthara Sim Bhikku now detained in Cox’s Bazar District Jail, should not be brought before this Court so that it may satisfy itself that he is not being held in custody illegally and wit...... High Court Division (Special Original Jurisdiction) Present: Md. Hamidul Haque J Salma Masud Chowdhury J Seing Hia Maung……………Petitioner Vs. Government of Bangladesh and others…….Respondent Judgment March 3, 2000. Result The Rule is made absolute. ......be set at liberty at once if not wanted in any other connection. The detenu be released within three hours from time of receipt of the order. Ed. This Case is also Reported in: 55 DLR (2003) 327...

Category: Criminal Law | Date: | Hits: 55

James Finlay Plc Vs. Commissioner of Income Tax, 2000, 29 CLC (HCD)

....993, namely, the question Nos. 2, 3, 4 and 5, in the negative and in favour of the assessee ­applicant. There will be no order as to cost. Ed. This Case is also Reported in: 55 DLR (2003) 315. ......ication No. 48 of 1995 the Commissioner of Taxes, Chittagong is the applicant and James Finlay Plc is the respondent. The central questions raised in all the three Applications are the same, whether, for the purpose of Income Tax, James Finlay Plc should be treated as a non‑resident company. We ha......nt December 8, 2000. Case Referred to- Unit Construction Company Ltd Vs. Bullock (Inspector of Taxes) (1961) 42 ITR 340 (HL). Lawyers Involved: Syed Ishtiaq Ahmed with Md. Asaduzzaman and Nihad Kabir, Advocates-For the Applicant. Dabiruddin Ahmed, Deputy Attorney-General-For the R......993, namely, the question Nos. 2, 3, 4 and 5, in the negative and in favour of the assessee ­applicant. There will be no order as to cost. Ed. This Case is also Reported in: 55 DLR (2003) 315. ..

Category: Fiscal/Taxation Law | Date: | Hits: 120

Sarwari Begum Vs. Bangladesh, 1993, 22 CLC (HCD)

....tioner within 3 months from this date. Considering the nature of the case the parties are directed to bear their respective costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 571. ......ion, Housing and Settlement (H & S). The said SA Aziz then executed a registered deed of lease in favour of the Government being lease deed No.2818 dated 19.5.60 whereby he took lease of his land for a period of 99 years. He then built the disputed house on the said land. Thereafter, SA Aziz die......ohammad Gholam Rabbani J Sarwari Begum………………………Petitioner Vs. Bangladesh, represented by the Secretary, Ministry of Works, Government of the People's Republic of Bangladesh and others……..Respondents. Judgment March 28, 1993. Case Referred to- 43 DLR 139. ......tioner within 3 months from this date. Considering the nature of the case the parties are directed to bear their respective costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 571. ..

Category: Property Law | Date: | Hits: 75

Narendra Nath Biswas Vs. Sunil Kumar Biswas, 1993, 22 CLC (HCD)

....e execution and attestation of the will. We therefore find no merit in the appeal. In the result, the appeal is dismissed with cost. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 567.......3. The case of the plaintiff is that on 1.4.1957 the said Parash sold some lands to him by a registered sale deed Ext. 1 in repayment of the sum of Tk. 600.00 borrowed from him to meet expenses to perform puja, etc. and executed the said kabala by putting his thumb impressions as he could not put hi......t. Vs. Sunil Kumar Biswas………………Respondent Judgment August 1, 1993. Cases Referred to- 35 DLR (AD) 315; Smt. Jaswant Kaur Vs. Smi. Amril Kaur, AIR 1977 (SC) 74; Parash Chandra Bhowmik Vs. Hiralal, 36 DLR (AD) 156. Lawyers Involved: Abdur Rahim, Advocate ‑ For th......e execution and attestation of the will. We therefore find no merit in the appeal. In the result, the appeal is dismissed with cost. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 567...

Category: Property Law | Date: | Hits: 78

Bangladesh Steel & Engineering Corporation Vs. Arif A. Shekha and others, 2010, 39 CLC (AD)

....lawful authority. No case has been made out for review. We find no substance in this review petition which is accordingly dismissed. Ed. This Case is also Reported in: 16 MLR (AD) (2010)137. ......ion No.72 of 2008. (From the judgment and order dated 04.06.2007 passed by this Division in Civil Appeal Nos. 33-34 of 1997 and 40 of 2000.) Judgment Md. Abdul Matin J.- This review petition for leave to appeal is directed against the judgment and order dated 04.06.2007 passed by this Divis......Matin J BK Das J ABM Khairul Haque J Md. Muzammel Hossain J Surendra Kumar Sinha J Bangladesh Steel & Engineering Corporation...................Petitioner Vs. Arif A. Shekha and others ..........................................Respondents Judgment January 24, 2010. ......lawful authority. No case has been made out for review. We find no substance in this review petition which is accordingly dismissed. Ed. This Case is also Reported in: 16 MLR (AD) (2010)137. ..

Category: Business or Commercial Law | Date: | Hits: 195

Md. Obaidul Kader Vs. The State, 2011, 40 CLC (HCD)

....reby quashed. The accused is released from the bail bond. Stay granted earlier is hereby vacated. Communicate the order at once. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 264.......ssistant Attorney General - Opposite Party No.1 (State). Md. Khurshid Alam Khan, Advocate - Opposite Party No.2 (ACC). Criminal Miscellaneous No. 5735 of 2008. An application u/s 561A Cr.P.C for quashment of the proceedings of Special Case No. 4 of 2008 pending in the Court of Special Judge......ssain Humayun, Senior Advocate with Md. Khairul Alam, Advocate - For the petitioner. S. K. Zahid Sarwar, Deputy Attorney General with Md. Aminur Rahman Chowdhury (Tiku), Assistant Attorney General and Monzu Naznin (Rosy), Assistant Attorney General - Opposite Party No.1 (State). Md. Khurshid A......reby quashed. The accused is released from the bail bond. Stay granted earlier is hereby vacated. Communicate the order at once. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 264...

Category: Criminal Law | Date: | Hits: 111

National Engineers Ltd. Vs. Director, Military Lands and Cantonment Directorate and others, 1991, 20 CLC (HCD)

....ondents in issuing notices? Our answer is in the negative. For the above discussion, the Rule is discharged. No order as to costs. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 144. ......ondent 1 and the order dated 18.6.1988 as contained in Memo. No.BD/LC/375/86/70, Annexure‑B. issued by respondent 2, have been passed without lawful authority and are of no legal effect. 2. The aforesaid rule has been issued upon a voluminous application annexing to it a large number of documen...... High Court Division (Special Original Jurisdiction) Present: AM Mahmudur Rahman J Mahmudul Amin Choudhury J National Engineers Ltd.…………Petitioner Vs. Director, Military Lands and Cantonment Directorate and others ……..Respondents Judgment August 27, 1991. Ca......ondents in issuing notices? Our answer is in the negative. For the above discussion, the Rule is discharged. No order as to costs. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 144. ..

Category: Property Law | Date: | Hits: 92

Yunus Mia (Md.) and others Vs. Secretary, Ministry of Public Works & Urban Development, Government of Bangladesh and others, 1991, 20 CLC (HCD)

....ion under Article 102 of the Constitution. In view of our aforesaid discussion, we discharge the Rule without any order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 498....... Rahman J.- By this Rule Nisi issued under Article 102 of our Constitution the respondents have been called upon to show cause as to why the eviction of the petitioners on 19.8.1985 without providing for alternative plots for their rehabilitation should not be declared to have been passed without la......lso Reported in: 45 DLR (HCD) (1993) 498.......ion under Article 102 of the Constitution. In view of our aforesaid discussion, we discharge the Rule without any order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 498...

Category: Property Law | Date: | Hits: 79

Nurul Islam Vs. Morshedul Alam and Others, 2011, 40 CLC (AD)

....ce with the impugned judgment and decree. Accordingly, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 64 DLR (AD)(2012) 3, 32 BLD (AD) (2012) 25. ......The said suit land was, of course, acquired by Md. Putan in benami of his son Ali Hossain on 01.02.1901 but he was the real ostensible owner of the suit land as it was acquired with his own money and for his own benefit. After sometime, landlord Fazal Kabir Khan forcibly dispossessed Md. Putan from ......hmud Hossain J Muhammad Imman Ali J Mohammad Mamtaz Uddin Ahmed J Md. Shamsul Huda J Nurul Islam Chowdhury…………………………………….Appellant Vs. Morshedul Alam and Others………………………………Respondents Judgment July 20, 2011. Cases Re......ce with the impugned judgment and decree. Accordingly, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 64 DLR (AD)(2012) 3, 32 BLD (AD) (2012) 25. ..

Category: Property Law | Date: | Hits: 116

Ms. Ok-Kyung Oh, Dhaka Vs. Tea Hung Packaging (Bd) Ltd. and Others, 2011, 40 CLC (AD)

....d judgment and order. In the result, the appeal is dismissed. There is no order as to cost. Ed. This Case is also Reported in: 17 BLC (AD)(2012) 1, 32 BLD (AD) (2012) 16; 9 ADC (2012) 472. ......7 making the Rule absolute. 2. Facts relevant to the disposal of this appeal are that respondent Nos.1 and 2 as petitioners (hereinafter referred to as writ-petitioners) filed the writ petition before the High Court Division challenging the notice bearing Memo No.RJSC2676(1-3)/1 dated 11.10.2007......Muhammad Imman Ali J Muhammad Mamtaz Uddin Ahmed Md. Shamsul Huda J Ms. Ok-Kyung Oh, Dhaka…………………………………….......Appellant Vs. Tea Hung Packaging (Bd) Ltd. and Others…………………. Respondents Judgment July 20, 2011. Result: The appeal......d judgment and order. In the result, the appeal is dismissed. There is no order as to cost. Ed. This Case is also Reported in: 17 BLC (AD)(2012) 1, 32 BLD (AD) (2012) 16; 9 ADC (2012) 472. ..

Category: Company Law | Date: | Hits: 235

Professor Golam Azam Vs. Government of Bangladesh and others, 1992, 21 CLC (HCD)

..... 153. I, therefore, having agreed with the Judgment delivered by BI Chowdhury, J make the Rule absolute. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 423. ...... University Students Union wherein he played a very vital role in the Bengali Language Movement and as the General Secretary of the Dhaka University Students Union; the petitioner read a memorandum before the then Prime Minister of Pakistan on the 27th of November, 1948 at the Gymnasium ground of th...... (Special Original Jurisdiction) Present: Mohammad Ismail Uddin Sarker J Badrul Islam Chowdhury J Professor Golam Azam…………………..Petitioner Vs. Government of Bangladesh and others.................Respondents Judgment August 12, 1992. Result: The Rule is mak....... 153. I, therefore, having agreed with the Judgment delivered by BI Chowdhury, J make the Rule absolute. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 423. ..

Category: Immigration and Citizenship Law | Date: | Hits: 343