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Asalat Zaman (Md) and others Vs. Government of Bangladesh and others, 2003, 32 CLC (AD).

.... Syed JR Mudassir Husain J   AS Ahammed J   Asalat Zaman (Md) and others ...............Appellants   Vs.   Government of Bangladesh and others..........     Respondents   Judgment ......as aforesaid with interest at the bank rate till realisation.   Ed.   This Case is also Reported in:  55 DLR (AD) (2003) 139.  ......Civil)   Present:   Md. Fazlul Karim J   Syed JR Mudassir Husain J   AS Ahammed J   Asalat Zaman (Md) and others ...............Appellants   Vs.   Government of Ban......as aforesaid with interest at the bank rate till realisation.   Ed.   This Case is also Reported in:  55 DLR (AD) (2003) 139.  ..

Category: Alternative Dispute Resolution | Date: 17 Nov, 2002 | Hits: 223

Chair, Board of Inter. & Secn. Edn., Jessore and ors. Vs. Md. Amir Hossain & anr., 2004, 33 CLC (AD)

....s...........Petitioners Vs. Md Amir Hossain and another..............Respondent  Judgment November 12, 2002. The Constitution of Bangladesh, 1972, Art 102   Natural justice  It is now well settled ......n of the principle of natural justice.  7. Thus, the submission of the learned Advocate for the petitioners merits no consideration.  The petition is dismissed. Ed. ...... Supreme Court Appellate Division (Civil) Present: Mainur Reza Chowdhury CJ Md. Fazlul Karim J AS Ahammed J  Chairman, Board of Intermediate and Secon­dary Education, Jessore and ors...........Petitioners Vs. Md Amir Hossai......n of the principle of natural justice.  7. Thus, the submission of the learned Advocate for the petitioners merits no consideration.  The petition is dismissed. Ed. ..

Category: Constitutional Law | Date: 12 Nov, 2002 | Hits: 322

Ekushey Television & anr. Vs. Dr. Chowdhury Mahmood Hasan & ors. 2003, 32 CLC (AD).

.... Vs. Dr. Chowdhury Mahmood Hasan and ors ………….... Respondent  Judgment August 29, 2002. The Constitution of Bangladesh, 1972 Articles 104 & 105   The Code of Civil Procedure, 1908 (V o......2002.    Our judgment will have no bearing in considering the application by Ekushey for licence by the said Commission which is free to decide in accordance with law. Ed. ......howdhury CJ Md Ruhul Amin J Md Fazlul Karim J KM Hasan J Syed JR Mudassir Husain J Abu Sayeed Ahammed J Md. Fazlul Haque J  Ekushey Television and another …… Petitioner Vs. Dr. Chowdhury Mahmood Hasan and ors &helli......2002.    Our judgment will have no bearing in considering the application by Ekushey for licence by the said Commission which is free to decide in accordance with law. Ed. ..

Category: Procedural Law | Date: 29 Aug, 2002 | Hits: 190

Secretary, Ministry of Works and anoth­er Vs. Md. Yusuf Ali Khan and others, 2002, 31 CLC (AD)

.... denying the material allegations con­tained in the plaint and stating, inter alia, that at the time of promulgation of President's Order No. 16 of 1972 the original owner of the house was not in Bangladesh. The respondent No. 2 also lost possession and control of the house and the house was ve......scussion we lo not fined any substance for allowing the appeal. The appeal is dismissed without any order of costs Ed. This Case is also Reported in: 1 ADC (2004) 312. ......ourt Appellate Division (Civil) Present: Mainur Reza Chowdhury CJ KM Hasan J Md. Fazlul Haque J Secretary, Ministry of Works and anoth­er.........Appellants Vs. Md. Yusuf Ali Khan and others....................scussion we lo not fined any substance for allowing the appeal. The appeal is dismissed without any order of costs Ed. This Case is also Reported in: 1 ADC (2004) 312. ..

Category: Contract Law | Date: 21 Aug, 2002 | Hits: 1110

Maico Jute and Bag Corporation Vs. Bangladesh Jute Mills Corporation & others, 2002, 31 CLC (AD)

....vision (Civil) Present: Mainur Reza Chowdhury CJ Md. Fazlul Karim J KM Hasan J Md. Fazlul Haque J Maico Jute and Bag Corporation.....................Petitioner Vs. Bangladesh Jute Mills Corporation and others....................Respondents Judgement August......impugned judgment and do not find any illegality or infirmity with impugned judgment for our interference. The petition is dismissed. Ed. This Case is also Reported in: 55 DLR (AD) 23. ......Court Division Judgment here. Supreme Court Appellate Division (Civil) Present: Mainur Reza Chowdhury CJ Md. Fazlul Karim J KM Hasan J Md. Fazlul Haque J Maico Jute and Bag Corporation.....................Petitioner Vs. Bangladesh Jute Mills Corporation and......impugned judgment and do not find any illegality or infirmity with impugned judgment for our interference. The petition is dismissed. Ed. This Case is also Reported in: 55 DLR (AD) 23. ..

Category: Alternative Dispute Resolution | Date: 20 Aug, 2002 | Hits: 280

Bux Shipping Line Vs. Bangladesh Water Development Board & others, 2002, 31 CLC (AD)

....l Amin J Mohammad Fazlul Karim J KM Hasan J Md. Fazlul Haque J Bux Shipping Line…………………......................Petitioner Vs. Bangladesh Water Development Board & others......Respondents Judgment August ......alization thereof. The review peti­tion has no merit. Accordingly the same is dismissed. There is no order as to costs. Ed. This Case is also Reported in: 1 ADC (2004) 476.......oner. Abdul Wadud Bhuiyan, Senior Advocate Instructed by Ms. Sufia Ahmed, Advocate-on-Record-For the Respondents. Civil Review Petition No. 27 of 2002. (From the Judgment and Order dated December 12, 2001 passed by the Appellant Division in Civil Appeal No, 195 of 2000......alization thereof. The review peti­tion has no merit. Accordingly the same is dismissed. There is no order as to costs. Ed. This Case is also Reported in: 1 ADC (2004) 476...

Category: Alternative Dispute Resolution | Date: 18 Aug, 2002 | Hits: 217

Antibiotic Stores & ors Vs. Subordinate Judge and Artha Rin Adalat & anr., 2003, 32 CLC (AD).

.... conveniently dealt with in writ jurisdiction……………………….(7)  Cases Referred to- Sardar Jan‑e‑Alam vs. Arab Bangladesh Bank Ltd and others, 4 BLC (AD) 178; Sultana Jute Mills Ltd. vs. Agrani Bank, 46 DLR (AD)......matter we do n any substance in the submission of the Counsel for petitioners for our interference impugned judgment of the High Court Division. The petition is dismissed.  Ed. ...... Md. Fazlul Karim J KM Hasan J Md. Fazlul Haque J  Antibiotic Stores & others    .................. Petitioners Vs. Subordinate Judge and Artha Rin Adalat and another…………… Respondents  &nbs......matter we do n any substance in the submission of the Counsel for petitioners for our interference impugned judgment of the High Court Division. The petition is dismissed.  Ed. ..

Category: Business or Commercial Law | Date: 12 Aug, 2002 | Hits: 121

Hazerullah Vs. Assistant Commissioner, Board of Management of Abandoned Property & others, 2002, 31 CLC (AD)

.... Assistant Commissioner, Board of Management of Abandoned Property and others …… Respondents Judgment  August 7, 2002. Result: The petition is dismissed. The Constitution of Bangladesh, 1972 Article 102  By way of mandamus enforcement of any legal right or to redres...... Accordingly, this petition is dismissed with costs assessed at Taka 5,000 to be paid by the petitioner forthwith to the respondents. Ed. This Case is also Reported in: (2002) 22 BLD (AD) 155. ...... Reza Chowdhury CJ  Md. Fazlul Karim J  KM Hasan J  Md. Fazlul Haque J   Hazerullah …………Petitioner Vs. Assistant Commissioner, Board of Management of Abandoned Property and others …… Respondents Judgment  August 7, 2002. Result: ...... Accordingly, this petition is dismissed with costs assessed at Taka 5,000 to be paid by the petitioner forthwith to the respondents. Ed. This Case is also Reported in: (2002) 22 BLD (AD) 155. ..

Category: Constitutional Law | Date: 7 Aug, 2002 | Hits: 180

Zilaluddin (Md.) Vs. Secretary, Ministry of Home Affairs & others, 2002, 31 CLC (HCD)

....slam submits that 'Advisory Board' contemplated in section 9 of the Act has been borrowed from clause (4) of Article 33 of the Constitution of the People's Republic of Bangladesh, which speaks of an Advisory Board consisting of three persons, of whom two shall be pers......nj, Dhaka now detained in Dhaka Central Jail, Dhaka be set at liberty at once, if not wanted in connection with any other case. Ed. This Case is also Reported in: 54 DLR (HCD) (2002) 625. ...... Judgment July 29, 2002 Result: The Rule is made absolute. Lawyers Involved: M Amir-ul Islam, Tania Amir, Dr. Shirin Sharmin Chowdhury, Manzil Murshed and Shamsul Hasan, Advocates- For the Petitioner. Abdur Razzak, Additional Attorney-Genera......nj, Dhaka now detained in Dhaka Central Jail, Dhaka be set at liberty at once, if not wanted in connection with any other case. Ed. This Case is also Reported in: 54 DLR (HCD) (2002) 625. ..

Category: Criminal Law | Date: 29 Jul, 2002 | Hits: 2

Shishir Kanti Pal and others Vs. Nur Muhammad and others, 2002, 31 CLC (AD)

....lease of the property from the office of the Deputy Commissioner, Noakhali the plaintiffs, were constrained to file the suit. 3. The suit was contested by the defendant No. 1 Government of Bangladesh, Defendant No. 5, Defendant No. 6 and Defendant Nos. 7‑12. 4. The case of the......sion made herein above we find no substance in this petition. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 55 DLR (AD) (2003) 39.  ...... Court Appellate Division (Civil) Present: Md. Ruhul Amin J Syed JR Mudassir Hussein J Abu Sayeed Ahammed J Shishir Kanti Pal and others…………………… Petitioners Vs. Nur Muhammad and others …â€......sion made herein above we find no substance in this petition. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 55 DLR (AD) (2003) 39.  ..

Category: Civil Law | Date: 27 Jul, 2002 | Hits: 175

MA Gafur and anr. Vs. Govt. of BD rep. by Sec., Min. of Defence and anr., 2004, 33 CLC (AD)

....il)  Present: Md. Ruhul Amin J Syed JR Mudassir Husain J AS Ahammed J  MA Gafur and another..................Petitioners Vs. Government of Bangladesh, represented by the Secretary, Ministry of Defence and another............Respondents&n......les. We therefore, find no legal infirmity in the impugned judgments of the High Court Division calling for interference.  Accordingly, the petitions are dismissed.  Ed. ...... Supreme Court Appellate Division (Civil)  Present: Md. Ruhul Amin J Syed JR Mudassir Husain J AS Ahammed J  MA Gafur and another..................Petitioners Vs. Government of Bangladesh, represented b......les. We therefore, find no legal infirmity in the impugned judgments of the High Court Division calling for interference.  Accordingly, the petitions are dismissed.  Ed. ..

Category: Administrative Law | Date: 24 Jul, 2002 | Hits: 133

BD rep. by the Sec. Min. of Works & ors. Vs. Kazi Ashrafuddin Ahmed, 2003, 32 CLC (AD).

.... Supreme Court Appellate Division (Civil)  Present: Mainur Reza Chowdhury CJ Md. Fazlul Karim J KM Hasan J Kazi AT Manowaruddin J  Bangladesh represented by the Secretary, Ministry of Works and others ........................Petiti......e in the submission of the learned Additional Attorney-General for our interference with the impugned judgment of the High Court Division. The petition is dismissed.   Ed. ......p; Present: Mainur Reza Chowdhury CJ Md. Fazlul Karim J KM Hasan J Kazi AT Manowaruddin J  Bangladesh represented by the Secretary, Ministry of Works and others ........................Petitioners Vs. Kazi Ashrafuddin Ahmed...................e in the submission of the learned Additional Attorney-General for our interference with the impugned judgment of the High Court Division. The petition is dismissed.   Ed. ..

Category: Property Law | Date: 13 Jul, 2002 | Hits: 89

Kamaluddin (Md.) & anr. Vs. Sec., Ministry of Land, Bangladesh and ors., 2004, 33 CLC (AD)

....p;                          Vs. Secretary, Ministry of Land, Bangladesh and others..........Respondents   Judgment July 6, 2002. ......herwise of the intermediate or ad‑interim orders(s). In the afore state of the matter, we find no substance in this petition.  Accordingly, the petition is dismissed. Ed. ......ssed. Ed. ......herwise of the intermediate or ad‑interim orders(s). In the afore state of the matter, we find no substance in this petition.  Accordingly, the petition is dismissed. Ed. ..

Category: Constitutional Law | Date: 6 Jul, 2002 | Hits: 149

Upazila Education Officer & anr. Vs. Tara Miah Akhand & ors., 2004, 33 CLC (AD)

....pugned judgment of the High Court Division does not suffer from any legal infirmity for our interference. Accordingly, this petition merits no consideration and it is dismissed.  Ed. ......pugned judgment of the High Court Division does not suffer from any legal infirmity for our interference. Accordingly, this petition merits no consideration and it is dismissed.  Ed. ...... Present: Md. Ruhul Amin J Syed JR Mudassir Husain J AS Ahammed J Upazila Education Officer & another...............Petitioner Vs. Tara Miah Akhand and others .............Respondents Judgment       &n...... injunction by filing a Joint written objection; their case was that the school is functioning at an old tin shed hut on Plot No. 87 and, considering the condition of the school, the Local Government Engineering Directorate (LGED) sanctioned Taka 8,70,000 (eight lac seventy thousand) for constructio..

Category: Civil Law | Date: 3 Jul, 2002 | Hits: 206

Ekushey Television Ltd. and others Vs. Dr. Chowdhury Mahmood Hasan & others, 2002, 31 CLC (AD)

..... Dr. Chowdhury Mahmood Hasan & others…………………….Petitioners  Judgment July 2, 2002. The Constitution of Bangladesh, 1972, Articles 102 and 27 Law requires that subsequent change of terms and...... judgment of the High Court Division calling for our interference. All the leave petitions are dismissed. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 130.  ...... (Civil) Present: Mainur Reza Chowdhury CJ Md. Ruhul Amin J KM Hasan J Abu Sayeed Ahammed J Kazi AT Monowaruddin J Ekushey Television Ltd. and others…………...………………&hellip...... judgment of the High Court Division calling for our interference. All the leave petitions are dismissed. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 130.  ..

Category: Constitutional Law | Date: 2 Jul, 2002 | Hits: 50

Abdul Majid Sarker (Md) Vs. State and others, 2003, 32 CLC (AD).

....the victim is prima facie below the age of majority she could be allowed to the custody of father, the appellant……(15)  Cases Referred to- Mongal Chandra Nandi vs Bangladesh 5 BLT (AD) 1 = 2 BLC (AD) 18; Tarun Karmaker vs State and others 53 DLR 135; Arun K......ntendent of Naogaon Jail is directed to release the detenu Masuda Khanam (Hasi), daughter of the appellant forthwith and handover her to the custody of her father the appellant. Ed. ......dhury CJ Mainur Reza Chowdhury J Md. Ruhul Amin J Syed JR Mudassir Hussain J Abdul Majid Sarker (Md) …………Appellant Vs. State and others................     Respondents Judgment June 9, 2002......ntendent of Naogaon Jail is directed to release the detenu Masuda Khanam (Hasi), daughter of the appellant forthwith and handover her to the custody of her father the appellant. Ed. ..

Category: Criminal Law | Date: 9 Jun, 2002 | Hits: 74

State Vs. Chief Editor, Manabjamin and others, 2002, 31 CLC (HCD)_Part One

....en example of his highest respect to the independence of the judiciary is the judgment of the Appellate Division by which his decision of setting up of five High Court Divisions in different areas of Bangladesh was knocked down and he as a law abiding citizen being the President of the country bowed......imprisonment for a period of one month with a fine of Taka 2000 (two thousand) payable within two months, in default, to undergo further simple imprisonment for a period of one month. Part Two ...... Present: Syed Amirul Islam J AKM Shafiuddin J State………………..............................Petitioner Vs. Chief Editor, Manabjamin and others ....................Opposite Parties Judgment May 20, 2002. Cases Referred......imprisonment for a period of one month with a fine of Taka 2000 (two thousand) payable within two months, in default, to undergo further simple imprisonment for a period of one month. Part Two ..

Category: Contempt of Court Law, Criminal Law | Date: 20 May, 2002 | Hits: 201

Abdul Kader Khan Vs. Rajshahi Co-operative Town Society Ltd, 2002, 31 CLC (HCD)

.... Sadar in (Rent Control) Miscellaneous Case No.245 of 1983 is confirmed. Send down the LCR to the Court concerned at once. Ed. This Case is also Reported in: 54 DLR (HCD) (2002) 633. ...... Sadar in (Rent Control) Miscellaneous Case No.245 of 1983 is confirmed. Send down the LCR to the Court concerned at once. Ed. This Case is also Reported in: 54 DLR (HCD) (2002) 633. ......r Razzaque J.- This Rule arises out of an application under section 115(1) of the Code of Civil Procedure (Act V of 1908) at the instance of the petitioner-appellant petitioner A Kader Khan and is directed against the judgment and order dated 29-9-1994 passed by the learned Subordinate Jud...... Sadar in (Rent Control) Miscellaneous Case No.245 of 1983 is confirmed. Send down the LCR to the Court concerned at once. Ed. This Case is also Reported in: 54 DLR (HCD) (2002) 633. ..

Category: Tenancy Law | Date: 29 Apr, 2002 | Hits: 3

Government of Bangladesh and another Vs. Golam Rabbani and others, 2003, 32 CLC (AD)

.................Petitioners Vs. Golam Rabbani and others ……...........................................Respondents Judgment April 22, 2002. Result: The Petition is dismissed. The Bangladesh Abandoned Property (Control, Management & Disposal) Order, 1972 (P.O. 16 of 1972), Ar....... However, dismissal of the leave petition will not affect the character of the property which will be decided in the suit. Ed. This Case is also Reported in:  55 DLR (AD) (2003) 90.  ...... 55 DLR (AD) (2003) 90.  ....... However, dismissal of the leave petition will not affect the character of the property which will be decided in the suit. Ed. This Case is also Reported in:  55 DLR (AD) (2003) 90.  ..

Category: Property Law | Date: 22 Apr, 2002 | Hits: 107

Aroti Rani Paul Vs. Sudarshan Kumar Paul and others, 2002, 31 CLC (AD)

....operty as vested property is illegal, void and not binding upon the plaintiff.   3. Plaintiffs case, inter alia, is that her father Upendra Nath Paul and her uncle Nripendra Nath Pual being Bangladeshi citizens were the recorded owners of the suit property under both in RS and SA Khatian. ......indings and decisions of the High Court Division and consequently the appeal is allowed without any order as to cost.   Ed.  This Case is also Reported in: 56 DLR (AD) 73.  ...... Present:   Mainur Reza Chowdhury J  Syed JR Mudassir Husain J   Aroti Rani Paul ................Appellant  Vs.   Sudarshan Kumar Paul and others ..................Respondents   Judgment  April 1, 2002.  ......indings and decisions of the High Court Division and consequently the appeal is allowed without any order as to cost.   Ed.  This Case is also Reported in: 56 DLR (AD) 73.  ..

Category: Family Law | Date: 1 Apr, 2002 | Hits: 181