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General Manager, Bangladesh Bank Vs. Saiyed Shahidul Haque and others, 2003, 32 CLC (HCD)

....am Hossain Rezwani. (b) Property standing in the name of Golam Hossain Rezwani mainly comprised of a Glass Factory and building and it was treated as an abandoned property and it was taken over by Ministry of Industries as an abandoned Industry. Ministry of Industry, thereafter, transferred the p......0 in Mouza Shahar Dhaka in the name of Ragunath Das. Suit property was requisitioned and acquired for Dhaka Improvement Trust (For short D.I.T.) now Rajdhani Unnayan Katripakkya (briefly RAJUK) under Land Acquisition Case No.3 of 1963-64. D.I.T. having exercised right and ownership granted lease in ......vil) Present: AK Badrul Huq J Md. Abu Tariq J General Manager, Bangladesh Bank, Dhaka Office, Motijheel Commercial Area, Dhaka………………..Appellant Vs. Saiyed Shahidul Haque and others…………………Respondents Judgment August 23, 2003. Result: The appeal...... High Court Division (Civil) Present: AK Badrul Huq J Md. Abu Tariq J General Manager, Bangladesh Bank, Dhaka Office, Motijheel Commercial Area, Dhaka………………..Appellant Vs. Saiyed Shahidul Haque and others…………………Respondents Judgment August 23, 2..

Category: Property Law | Date: 23 Aug, 2003 | Hits: 35

Harunur Rashid and ors. Vs. State and ors., 2004, 33 CLC (AD)

....offence against the petitioners has been well proved beyond reasonable doubt. So, we find nothing to interfere. The petitions are accordingly dismissed.     Ed. ......offence against the petitioners has been well proved beyond reasonable doubt. So, we find nothing to interfere. The petitions are accordingly dismissed.     Ed. ...... Appellate Division   (Criminal)    Present: KM Hasan CJ Md. Fazlul Karim J Md. Hamidul Haque J  Harunur Rashid and others.....................Petitioners Vs. State and others......Respondents.&nbs......(Criminal)    Present: KM Hasan CJ Md. Fazlul Karim J Md. Hamidul Haque J  Harunur Rashid and others.....................Petitioners Vs. State and others......Respondents.  Judgment August 23, 2003. ..

Category: Criminal Law | Date: 23 Aug, 2003 | Hits: 85

Capital Tower Ltd. Vs. Mirpur Mazar Co operative Market Society Ltd. & ors, 2004, 33 CLC (AD)

....previously numbered as Title Suit No. 92 of 1993 of the 1st Court of Assistant Judge, Dhaka) is set aside and the suit is dismissed.  There is no order as to costs.  Ed. ......previously numbered as Title Suit No. 92 of 1993 of the 1st Court of Assistant Judge, Dhaka) is set aside and the suit is dismissed.  There is no order as to costs.  Ed. ...... Md. Ruhul Amin J AS Ahammed J MM Ruhul Amin J  Capital Tower Limited................... Appellant Vs. Mirpur Mazar Co‑operative Market Society Limited and others ...........Respondents   Judgment       &n...... Appellate Division (Civil) Present:  Md. Ruhul Amin J AS Ahammed J MM Ruhul Amin J  Capital Tower Limited................... Appellant Vs. Mirpur Mazar Co‑operative Market Society Limited and others ...........Respondents..

Category: Property Law | Date: 18 Aug, 2003 | Hits: 216

Debendra Kumar Saha & another Vs. Uttara Bank Ltd, 2003, 32 CLC (HCD)

....no substance in both these Rules. In the result, both the Rules are discharged. No cost, Send down the lower Court records. Ed. This Case is also Reported in: 57 DLR (2005) 253. ......no substance in both these Rules. In the result, both the Rules are discharged. No cost, Send down the lower Court records. Ed. This Case is also Reported in: 57 DLR (2005) 253. ......ed of agreement, the Court cannot but finds the defendants are tenants at will terminable by notice of 15 days. The principle of terminating tenancy rests primarily on two conditions-one is defaulter and another is bonafide requirement. Existence of any one of these two conditions is suffice to ejec......Division (Civil Revisional Jurisdiction) Present: Sharifuddin Chaklader J Debendra Kumar Saha & another…………………Petitioners Vs. Uttara Bank Ltd………………………&hel..

Category: Tenancy Law | Date: 12 Aug, 2003 | Hits: 3

Loretto represented by Nasreen Rahman, Principal Vs. Nasreen Sobhan and another, 2003, 32 CLC (HCD)

..... In the result this appeal is dismissed without any order as to costs and the impugned judgment and decree are affirmed. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 581. ....... In the result this appeal is dismissed without any order as to costs and the impugned judgment and decree are affirmed. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 581. ......on) Present: Md. Abdul Matin J Afzal Hossain Ahmed J Loretto represented by Nasreen Rahman, Principal……………Appellant Vs. Nasreen Sobhan and another……………………………&......vil Appellate Jurisdiction) Present: Md. Abdul Matin J Afzal Hossain Ahmed J Loretto represented by Nasreen Rahman, Principal……………Appellant Vs. Nasreen Sobhan and another……………………&..

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

....Additional District Magistrates made their orders effective from the date of service because they were constrained to do so in the face of a circular dated 17‑2‑1992 issued by the then Secretary, Ministry of Home Affairs accompanied by a proforma and that the District Magistrates/Additional Dist......rculate this Order among all the District Magistrates and all the District and Sessions Judges of Bangladesh. Ed. This Case is also Reported in: 57 DLR (2005) 327.     ......also Reported in: 57 DLR (2005) 327.     ......ision (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………Res..

Category: Constitutional Law | Date: 29 Jul, 2003 | Hits: 11

Bangladesh Vs. Md. Matiur Rahman and another, 2006, 35 CLC (AD)

....on on acceptance of the customs duty and other levies to be assessed by the Customs Authority is stayed till disposal of the writ petition.  There is no order as to costs.   Ed. ......on on acceptance of the customs duty and other levies to be assessed by the Customs Authority is stayed till disposal of the writ petition.  There is no order as to costs.   Ed. ......rt Appellate Division (Civil)  Present: Md. Ruhul Amin J Abu Sayyed Ahammed J Md. Hamidul Haque J  Government of Bangladesh, represented by the Secretary, internal Resources Division and others………Appellants Vs. Md. Matiur Rahman and another……&hel......: Md. Ruhul Amin J Abu Sayyed Ahammed J Md. Hamidul Haque J  Government of Bangladesh, represented by the Secretary, internal Resources Division and others………Appellants Vs. Md. Matiur Rahman and another……………………&h..

Category: Business or Commercial Law | Date: 26 Jul, 2003 | Hits: 128

Bangladesh Vs. Rehana Kamal and ors., 2004, 33 CLC (AD)

....Bangladesh Vs. Abdul Hoque 1982 BLD (AD) 143; Government of Bangladesh Vs. ATJ Industries 28 DLR (AD) 120; Farida Aziz Vs. Government of Bangladesh 45 DLR 12; Bangladesh represented by the Secretary, Ministry of Works and others Vs. Helaluddin Ahmed 4 MLR (AD) 140; lqbal Ahmed Qurishi vs. Bangladesh......d any merit in the submissions of the learned Counsel for the appellant. The appeal is, accordingly, dismissed without any order as to costs. Ed. This Case is also Reported in: ...... Court Appellate Division (Civil) Present: KM Hasan CJ Md. Fazlul Karim J Md. Hamidul Haque J Bangladesh .....................Appellant Vs. Rehana Kamal and others................ Respondents Judgment July 8, 2003. Result: The appea......ted in: ..

Category: Immigration and Citizenship Law | Date: 8 Jul, 2003 | Hits: 279

Abdul Kader Rabbani and others Vs. Ebaruddin and others, 2003,32 CLC (HCD)

....ance with law and in the light of the observation made in the body of the judgment. Send down the LC record at once. Ed. This Case is also Reported in: 57 DLR (2005) 307.   ......ance with law and in the light of the observation made in the body of the judgment. Send down the LC record at once. Ed. This Case is also Reported in: 57 DLR (2005) 307.   ......his Case is also Reported in: 57 DLR (2005) 307.   ......07.   ..

Category: Civil Law | Date: 1 Jul, 2003 | Hits: 4

Mrs. Razia Satter Vs. Mr. Azizul Huq and two others, 2003, 32 CLC (HCD)

.... of police on 19.6.2001 to help them to carry out the direction of evicting the unauthorised occupants or to de­molish unauthorised structures raised on those plots. It is further stated that the Ministry of Home Affairs by their letter dated 19.6.2001 also asked the Police Commissioner, Dhaka, ......in this rule and accordingly this rule is discharged and the contemners are acquitted of the charges-eveled against them. Ed. This Case is also Reported in:  26 BLD (HCD) (2007) 515. ......……………………………………………………Petitioner Vs. Mr. Azizul Huq and two others…………………………&helli......……………………………………………………………Petitioner Vs. Mr. Azizul Huq and two others…………………&helli..

Category: Constitutional Law, Contempt of Court Law | Date: 30 Jun, 2003 | Hits: 13

Begum Lutfunnessa Vs. Md. Shafiullah and others, 2003, 32 CLC (AD)

....of Subordinate Judge, Commercial Court No. 2, Dhaka. Accordingly, the appeal is dismissed. There is no order as to costs. Ed. This Case is also Reported in: 55 DLR (AD) (2003) 102. ......of Subordinate Judge, Commercial Court No. 2, Dhaka. Accordingly, the appeal is dismissed. There is no order as to costs. Ed. This Case is also Reported in: 55 DLR (AD) (2003) 102. ......me Court Appellate Division (Civil) Present: Md. Ruhul Amin J KM Hasan J Md. Fazlul Hoque J Begum Lutfunnessa……………… Appellant Vs. Md. Shafiullah and others………………Respondents Judgment May 18, 2003. Result: The appeal is......etition here. Supreme Court Appellate Division (Civil) Present: Md. Ruhul Amin J KM Hasan J Md. Fazlul Hoque J Begum Lutfunnessa……………… Appellant Vs. Md. Shafiullah and others………………Respondents Judgment May 18, 2003. Re..

Category: Civil Law | Date: 18 May, 2003 | Hits: 202

Jahanara Begum and others Vs. Hazera Khatun, 2003, 32 CLC (AD)

.... not sustainable in law and the same is accordingly set aside. In the result the appeals are allowed but without any order as to costs.  Ed. This Case is also Reported in:  ...... not sustainable in law and the same is accordingly set aside. In the result the appeals are allowed but without any order as to costs.  Ed. This Case is also Reported in:  ......e Division  (Civil) Present:  Mainur Reza Chowdhury CJ Mohammad Fazlul Karim J Abu Sayeed Ahammed J Jahanara Begum being dead his heirs: Sheikh Shahnaz Begum and others ..........Appellants (In Civil Appeal No.438 of 2001) Kazi Ashrafuddin Ahmed.............. Begum being dead his heirs: Sheikh Shahnaz Begum and others ..........Appellants (In Civil Appeal No.438 of 2001) Kazi Ashrafuddin Ahmed..........Appellant (In Civil Appeal No.439 of 2001) Vs. Hazera Khatun being dead her heirs: Md. Aminul Haque and oth­ers............Respondents (I..

Category: Contract Law | Date: 12 May, 2003 | Hits: 251

Chan Miah (Md) Vs. Md. Dabirul Islam Khan & ors., 2004, 33 CLC (AD)

....it any consideration and we also do not find any illegality or infirmity to interfere with the impugned judgment of the High Court Division. The petition is dismissed.   Ed. ......it any consideration and we also do not find any illegality or infirmity to interfere with the impugned judgment of the High Court Division. The petition is dismissed.   Ed. ......Reza Chowdhury CJ Md. Fazlul Karim J SJR Mudassir Husain J AS Ahammed J  Chan Miah (Md)...........................Petitioner Vs. Md. Dabirul Islam Khan and ors............Respondents   Judgment May 5, 2003. The State Ac......p; Present: Mainur Reza Chowdhury CJ Md. Fazlul Karim J SJR Mudassir Husain J AS Ahammed J  Chan Miah (Md)...........................Petitioner Vs. Md. Dabirul Islam Khan and ors............Respondents   Judgment ..

Category: Property Law | Date: 5 May, 2003 | Hits: 141

United Commercial Bank Ltd. Vs. Jahangir Alam Khan & ors., 2004, 33 CLC (AD)

....comment on it.   11. However, in any view of the matter, the impugned order does not suffer from any infirmity for our interference. The petition is dismissed. Ed. ......comment on it.   11. However, in any view of the matter, the impugned order does not suffer from any infirmity for our interference. The petition is dismissed. Ed. ......rim J Syed JR Mudassir Husain J AS Ahammed J     United Commercial Bank Ltd ………….Petitioner Vs. Jahangir Alam Khan and others ………….Respondents   Judgment April 22......owdhury CJ Md Fazlul Karim J Syed JR Mudassir Husain J AS Ahammed J     United Commercial Bank Ltd ………….Petitioner Vs. Jahangir Alam Khan and others ………….Respondents   ..

Category: Business or Commercial Law | Date: 22 Apr, 2003 | Hits: 201

Suo Moto Order No. 248 of 2003, 32 CLC (HCD)

.....2003 attended, amongst others, by the Attorney General himself. 5. Referring to various minutes of the committee the learned Attorney General submits that already different Ministries including Ministry of Social Welfare, Ministry of Home and Ministry of Law, Justice and Parliamentary affairs ......ey General for Bangladesh for necessary action. With the aforesaid observations and directions the matters is disposed of. Ed. This Case is also Reported in: 11 BLT (HCD) (2003) 281. ......r 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. Asaduzzaman - for Odhikar. Suo Moto Or......ey General for Bangladesh for necessary action. With the aforesaid observations and directions the matters is disposed of. Ed. This Case is also Reported in: 11 BLT (HCD) (2003) 281. ..

Category: Women and Children | Date: 9 Apr, 2003 | Hits: 148

Govt. of BD rep. by the Sec., Min. of Housing & Pub. Work & ors Vs. Md. Javed Alam, 2004, 33 CLC (AD

.... Appellate Division (Civil)  Present: Md. Ruhul Amin J KM Hasan J Md. Fazlul Haque J  Government of Bangladesh, represented by the Secretary, Ministry of Housing and Public Work and others .............................Petitioners Vs. ......ing direction to restore vacant possession of the property in question to tile respondent is maintained. Accordingly, the leave petition is disposed of in the aforesaid manner. Ed. ......n (Civil)  Present: Md. Ruhul Amin J KM Hasan J Md. Fazlul Haque J  Government of Bangladesh, represented by the Secretary, Ministry of Housing and Public Work and others .............................Petitioners Vs. Md. Javed Alam......M Hasan J Md. Fazlul Haque J  Government of Bangladesh, represented by the Secretary, Ministry of Housing and Public Work and others .............................Petitioners Vs. Md. Javed Alam......................Respondent   Judgment March 2..

Category: Property Law | Date: 24 Mar, 2003 | Hits: 463

Syeda Mazeda Khatun Vs. Bangladesh Shilpa Rin Sangstha, 2003, 32 CLC (AD).

.... The Appellate tribunal as well found that: “It appears from the summary placed before the Hon’ble President of the People's Republic of Bangladesh by the Secretary Ministry, of Finance on 17‑11‑1986 Annexure ­D that Investment Advisory Centre of Ba......   In that view of the matter, this petition is dismissed.   Ed.   Same Case Cited in:  55 DLR (AD) (2003) 82. ...... Judgment   March 17, 2003.   Waiver, Estoppel     The petitioner accepted the conditions imposed upon her and she gave promise to observe the conditions so afterwards she can not be allowed to revert to th......   Syed JR Mudassir Husain J   AS Ahammed J   Syeda Mazeda Khatun.......Petitioner          Vs.   Bangladesh Shilpa Rin Sangstha ...........Respondents   ..

Category: Employment/Service Law | Date: 17 Mar, 2003 | Hits: 84

Nahar Shipping Lines Ltd. & anr. Vs. Homera Ahmed & ors., 2004, 33 CLC (AD)

....ums earned by the company utilising the vessels Shah Badar‑I and Shah Badar‑II owned by the Company.  vii. Petitioner No. 4 wrote letters, inter alia, to the Secretary, Ministry of Commerce complaining of the above issues on 7 February 1991 and also the respondent No......ourt Division in the company matter, we do not find any reason to grant leave against the said judgment.  The petition is therefore, dismissed and the delay is condoned. Ed. ......pellate Division (Civil) Present: Mainur Reza Chowdhury CJ Md. Fazlul Karim J Syed JR Mudassir Husain J AS Ahammed J  Nahar Shipping Lines Ltd. and another .............Petitioners         &nbs......etitioners                               Vs. Homera Ahmed and others .......................Respondents   Judgment ..

Category: Business or Commercial Law | Date: 12 Mar, 2003 | Hits: 273

Secretary, Ministry of Education, Government of People's Republic of Bangladesh and others Vs. North Point University, 2003, 32 CLC (AD)

.... also Reported in: 55 DLR (AD) (2003) 94; 1 ADC (2004) 497. ......se of action, if any, had matured. In view of the above the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 55 DLR (AD) (2003) 94; 1 ADC (2004) 497. ...... Court Appellate Division (Civil) Present: M Ruhul Amin J KM Hasan J Md. Fazlul Haque J Secretary, Ministry of Education, Government of People's Republic of Bangladesh and others .............Appellants Vs. North Point University... ……….Respondent Ju......) Present: M Ruhul Amin J KM Hasan J Md. Fazlul Haque J Secretary, Ministry of Education, Government of People's Republic of Bangladesh and others .............Appellants Vs. North Point University... ……….Respondent Judgment February 8, 2003. Resul..

Category: Others | Date: 8 Feb, 2003 | Hits: 112

Abul Hossain (Md) Vs. State, 2003, 32 CLC (AD).

....urt Division 'Further enquiry" is directed to be held. Ed.   This Case is also Reported in:  55 DLR (AD) (2003) 125.  ......urt Division 'Further enquiry" is directed to be held. Ed.   This Case is also Reported in:  55 DLR (AD) (2003) 125.  ......898), Sections 155, 190 & 195          (i) The function of a revenue officer in mutation case is not judicial functions to make it a court and hence bar under section 195 is not attracted. Therefore, in the instant case, a complaint in w......sp;    Abul Hossain (Md) ……………………Appellant         Vs.   State…………………&h..

Category: Property Law | Date: 4 Feb, 2003 | Hits: 80