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Hussain Mohammad Ershad Vs. Zahedul Islam Khan and others, 2001, 30 CLC (AD)

....de the present petitioner has been disqualified from being a Member of Jatiyo Sangshad in view of the provision of Articles 66(2)(d) and 67(1)(d) of the Constitution of the People’s Republic of Bangladesh and, as such, the present petitioner is not entitled to act or continue as a Member of th...... (Civil) Present: Mahmudul Amin Choudhury CJ Mainur Reza Chowdhury J Md. Ruhul Amin J Md. Gholam Rabbani J Hussain Mohammad Ershad....................Petitioner Vs. Zahedul Islam Khan and others............. Respondents Judgment August 22, 2001.......to interfere with the same. There is, therefore, no merit in this petition and the same is accordingly dismissed. Ed.  This Case is also Reported in:  54 DLR (AD) (2002) 1. ......to interfere with the same. There is, therefore, no merit in this petition and the same is accordingly dismissed. Ed.  This Case is also Reported in:  54 DLR (AD) (2002) 1. ..

Category: Anti-Corruption Laws | Date: 22 Aug, 2001 | Hits: 111

Islami Bank Bangladesh Ltd. Vs. Md. Habib & ors., 2003, 32 CLC (AD).

....late Division (Criminal)  Present: Mahmudul Amin Choudhury CJ Mainur Reza Chowdhury J Md. Gholam Rabbani J Md. Ruhul Amin J  Islami Bank Bangladesh Ltd...............Appellant Vs. Md. Habib and others......Respondents ......resent: Mahmudul Amin Choudhury CJ Mainur Reza Chowdhury J Md. Gholam Rabbani J Md. Ruhul Amin J  Islami Bank Bangladesh Ltd...............Appellant Vs. Md. Habib and others......Respondents  Judgement August 22, 2001. ......ment and order as aforesaid are set aside. The aforesaid criminal proceedings shall continue against all the accused including the respondent Nos. 1 and 2 in accordance with law.  Ed. ......ment and order as aforesaid are set aside. The aforesaid criminal proceedings shall continue against all the accused including the respondent Nos. 1 and 2 in accordance with law.  Ed. ..

Category: Criminal Law | Date: 22 Aug, 2001 | Hits: 95

Chief Engineer, C & B and another Vs. Shah Hingul Mazar Sharif and others, 2001, 30 CLC (AD)

....in the suit property for over 100 years. Their case is that the suit property is by the side of Mazar of Shah Hingul Shah which is a Waqf property enrolled as EC No.5658 of the Administrator of Waqf, Bangladesh. Plaintiff has been appointed Khadem by the Administrator of Waqf in 1970. Their case is ......: Mahmudul Amin Choudhury CJ Mainur Reza Choudhury J Md. Golam Rabbani J Md. Ruhul Amin J Md. Fazlul Karim J Chief Engineer, C & B and another ................... Petitioners Vs. Shah Hingul Mazar Sharif and others....................Respondent Judgment August 9, 20...... the respective parties would remain open to be decided in an appropriate forum. With this observation this petition is disposed of. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 73. ...... the respective parties would remain open to be decided in an appropriate forum. With this observation this petition is disposed of. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 73. ..

Category: Trust/Waqf Law | Date: 9 Aug, 2001 | Hits: 211

Suhel Ahmed Chowdhury Vs. Salahuddin Ayubi and others, 2002, 31 CLC (AD)

....nbsp;   M Amin Choudhury CJ.- This Criminal Appeal No. 41 of 2000 was filed by Suhel Ahmed Chowdhury, former Secretary, Ministry of Works of the Government of the People’s Republic of Bangladesh in the nature of direct appeal under Article 103 of the Constitution on being aggrieved, ......;                 Suhel Ahmed Chowdhury .....................Appellant   Vs.   Salahuddin Ayubi and others...............Respondent   ......ry of possession of the case property.   4. It is an admitted fact that the case property was initially allotted to one Shahbaz Khan on 16- 10-1962 who sold the same to Mst. Mostary Begum wife of writ petitioner No.1 and mother of writ petitioner Nos. 2 to 6 on 28-4-19......y set aside and he is exonerated from all the liabilities with honour and dignity.   Ed.   This Case is also Reported in: 54 DLR (AD) (2002) 82.  ..

Category: Criminal Law | Date: 30 Jul, 2001 | Hits: 95

Mobarak Ali Vs. BD House Building Fin. Corpn. & anr. 2003, 32 CLC (AD).

....ry J Md Gholam Rabbani J Md Ruhul Amin J Md Fazlul Karim J  Mobarak Ali…………………….Petitioner Vs. Bangladesh House Building Finance Corpora­tion and another............Respondent  Ju......eza Chowdhury J Md Gholam Rabbani J Md Ruhul Amin J Md Fazlul Karim J  Mobarak Ali…………………….Petitioner Vs. Bangladesh House Building Finance Corpora­tion and another............Respondent ......on of principle natural justice has no merit.  In view of the discussion made hereinbefore find no substance in this petition. Accordingly, the petition is dismissed.  Ed. ......on of principle natural justice has no merit.  In view of the discussion made hereinbefore find no substance in this petition. Accordingly, the petition is dismissed.  Ed. ..

Category: Administrative Law | Date: 24 Jul, 2001 | Hits: 111

Reazuddin (Md.) and another Vs. Government of Bangladesh and others, 2001, 30 CLC (HCD)

....students of Purba Andua Balika Dakhil Madrasha. 27. The petitioners' case is that they were the regular students of different Madrashas as given hereinabove and got their names registered in Bangladesh Madrasha Education Board (hereinafter referred to as the Board) as regular students. They......nwarul Haque J Reazuddin (Md.) and another……………………………………………Petitioners Vs. Government of Bangla­desh and others………………&he......ration must be published. Ed. This Case is also Reported in: 57 DLR (2005) 698.                   ......ration must be published. Ed. This Case is also Reported in: 57 DLR (2005) 698.                   ..

Category: Constitutional Law | Date: 19 Jul, 2001 | Hits: 2

BD Water Dev. Board & ors Vs. Chairman, Divisional Labour Court, Khulna & ors, 2003, 32 CLC (AD)

.... Court Appellate Division (Civil)  Present: Mahmudul Amin Choudhury CJ Mainur Reza Chowdhury J Md. Ruhul Amin J Md. Fazlul Karim J  Bangladesh Water Development Board and others ......Petitioners Vs. Chairman, Divisio...... Mahmudul Amin Choudhury CJ Mainur Reza Chowdhury J Md. Ruhul Amin J Md. Fazlul Karim J  Bangladesh Water Development Board and others ......Petitioners Vs. Chairman, Divisional Labour Court, Khulna & others.....Respondents .  Ju......sation of the benefits consequent upon retirement of the deceased worker, the predecessor of the respondent Nos. 2(a) to 2(e).  The petition is accordingly, dismissed. Ed. ......sation of the benefits consequent upon retirement of the deceased worker, the predecessor of the respondent Nos. 2(a) to 2(e).  The petition is accordingly, dismissed. Ed. ..

Category: Employment/Service Law | Date: 4 Jul, 2001 | Hits: 78

Sirajul Hoque and other Vs. BIWTA rep. by its Chairman and others, 2002, 31 CLC (AD)

.... Md. Ruhul Amin J Md. Fazlul Karim J Sirajul Hoque and other……………………………Appellants Vs. Bangladesh Inland Water Transport Authority represented by its Chairman and others……&......wdhury J Md. Ruhul Amin J Md. Fazlul Karim J Sirajul Hoque and other……………………………Appellants Vs. Bangladesh Inland Water Transport Authority represented by its Chairman and others&hell......ed timetable to be illegal and without any lawful authority. The appeals are dismissed without any order as to costs. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 30. ......ed timetable to be illegal and without any lawful authority. The appeals are dismissed without any order as to costs. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 30. ..

Category: Admiralty Law or Maritime Law | Date: 3 Jul, 2001 | Hits: 173

Gazi M Towfic Vs. Agrani Bank and others, 2001, 30 CLC (AD)

....d others.....................Respondents Judgment May 29, 2001. Result: The leave petition is dismissed. The Artha Rin Adalat Act, 1990 (IV of 1990), Section 6 The Constitution of Bangladesh, 1972, Article 102  There is special provision for appeal against the judgment an......l) Present: Mahmudul Amin Choudhury CJ Mainur Reza Chowdhury J M Gholam Rabbani J Md. Ruhul Amin J  Md. Fazlul Karim J Gazi M Towfic...........................Petitioner Vs. Agrani Bank and others.....................Respondents Judgment May 29, 2001. Result......cree. The High Court Division therefore rightly rejected the application summarily. The leave petition is dismissed. Ed.   This Case is also Reported in: 54 DLR (AD) (2002) 6.  ......cree. The High Court Division therefore rightly rejected the application summarily. The leave petition is dismissed. Ed.   This Case is also Reported in: 54 DLR (AD) (2002) 6.  ..

Category: Business or Commercial Law | Date: 29 May, 2001 | Hits: 145

Government of Bangladesh Vs. Mirpur Semipucca (Tin-shed) Kalayan Samity & others, 2001, 30 CLC (HCD)

....is Case is also Reported in: 54 DLR (2002) 364. ......sdiction) Present: Gour Gopal Saha J SK Sinha J Government of Bangladesh……………………Defendant– Appellant-Petitioner Vs. Mirpur Semipucca (Tin-shed) Kalayan Samity & others………....Plainti......mmunicated to Mr. Md. Nurul Islam then Subordinate Judge, Dhaka by name at his present assignment for his perusal and future guidance. Ed This Case is also Reported in: 54 DLR (2002) 364. ......mmunicated to Mr. Md. Nurul Islam then Subordinate Judge, Dhaka by name at his present assignment for his perusal and future guidance. Ed This Case is also Reported in: 54 DLR (2002) 364. ..

Category: Evidence Law | Date: 21 May, 2001 | Hits: 183

Hossain (Md) and others Vs. Dildar Begum and others, 2003, 32 CLC (AD).

....aside abatement.   The will be no order as to costs.   Ed.   This Case is also Reported in:  55 DLR (AD) (2003) 60. ......   Md. Gholam Rabbani J   Md. Ruhul Amin J   Hossain (Md) and others...........Appellant   Vs.   Dildar Begum and others.............Respondents   ......aside abatement.   The will be no order as to costs.   Ed.   This Case is also Reported in:  55 DLR (AD) (2003) 60. ......aside abatement.   The will be no order as to costs.   Ed.   This Case is also Reported in:  55 DLR (AD) (2003) 60. ..

Category: Procedural Law | Date: 19 Feb, 2001 | Hits: 106

Hosna Ara Begum others Vs. Montaj Ali and ors. 2003, 32 CLC (AD).

....sion in Civil Revision No. 1200 of 1996 are set aside and the judgement and decree dated 8-11-1995 passed by the SCC Judge, Sadar, Sylhet, in SCC Suit No. 3 of 1992 are restored.  Ed. ......ahman CJ Mahmudul Amin Choudhury J Mainur Reza Chowdhury J Md. Gholam Rabbani J Md. Ruhul Amin J   Hosna Ara Begum and others .........Appellate Vs. Montaj Ali and others...............Respond  Judgment January 15, 2001......sion in Civil Revision No. 1200 of 1996 are set aside and the judgement and decree dated 8-11-1995 passed by the SCC Judge, Sadar, Sylhet, in SCC Suit No. 3 of 1992 are restored.  Ed. ......sion in Civil Revision No. 1200 of 1996 are set aside and the judgement and decree dated 8-11-1995 passed by the SCC Judge, Sadar, Sylhet, in SCC Suit No. 3 of 1992 are restored.  Ed. ..

Category: Civil Law | Date: 15 Jan, 2001 | Hits: 163

Bangladesh Road Transport Corporation and another Vs. Md. Shahidulla, 2002, 31 CLC (AD)

.... Kazi Ebadul Haque J                               Bangladesh Road Transport Corporation and another……….. Petitioners Vs. ......bsp;                 Bangladesh Road Transport Corporation and another……….. Petitioners Vs. Md. Shahidullah…………...................................…&......is distinguishable from the facts of the present case. The fact of the present case has no manner of application with reported decision.   The petition is dismissed.   Ed. ......is distinguishable from the facts of the present case. The fact of the present case has no manner of application with reported decision.   The petition is dismissed.   Ed. ..

Category: Employment/Service Law | Date: 5 Dec, 2000 | Hits: 84

Abdur Rouf Chowdhury Vs. Abdul Hashem (Hashu) and another, 2000, 29 CLC (HCD)

....t and order and accordingly no interference is called for. In the result, the Rule is discharged without order as to cost. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 458. ...... Supreme Court High Court Division (Civil Revisional Jurisdiction) Present: Md. Tafazzul Islam J Abdur Rouf Chowdhury (Md.).……..................Petitioner Vs. Abdul Hashem (Hashu) and another ……........Opposite Parties Judgment ......t and order and accordingly no interference is called for. In the result, the Rule is discharged without order as to cost. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 458. ......t and order and accordingly no interference is called for. In the result, the Rule is discharged without order as to cost. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 458. ..

Category: Property Law | Date: 17 Oct, 2000 | Hits: 136

State Vs. Babul Hossain, 2000, 29 CLC (HCD)

....t an advance order of release in respect of the condemned prisoners be sent to the District Magistrate, Chandpur. Send down the records. Ed. This Case is also Reported in: 52 DLR (2000) 400. ...... Court Division (Criminal Appellate Jurisdiction) Present: Md. Ruhul Amin J ABM Khairul Haque J State …………………………………………………………Appellant Vs. Babul Hossain…………………………………..………Condemned Prisoner Judgmen......t an advance order of release in respect of the condemned prisoners be sent to the District Magistrate, Chandpur. Send down the records. Ed. This Case is also Reported in: 52 DLR (2000) 400. ......t an advance order of release in respect of the condemned prisoners be sent to the District Magistrate, Chandpur. Send down the records. Ed. This Case is also Reported in: 52 DLR (2000) 400. ..

Category: Women and Children | Date: 4 May, 2000 | Hits: 115

Professor Nurul Islam and others Vs. Government of the Peoples Republic of Bangladesh & others, 2000, 29 CLC (HCD)

....Special Original Jurisdiction) Present: Md. Fazlul Karim J Md. Abdul Wahhab Miah J Professor Nurul Islam and others.……………………Petitioner Vs. Government of the Peoples Republic of Bangladesh & others.…………Respondents Judgment February 7, 2000. Cases Referred To- B....... ...... in the light of the Ordinance No.16 of 1990 for the prohibition of all forms of tobacco advertisements and/or such other or further order or orders passed as to this Court may seem fit and proper. ...... in the light of the Ordinance No.16 of 1990 for the prohibition of all forms of tobacco advertisements and/or such other or further order or orders passed as to this Court may seem fit and proper. ..

Category: Health Law | Date: 7 Feb, 2000 | Hits: 500

Editor, Banglabazar Patrika and two others Vs. District Magistrate and Deputy Commissioner, Nagaon, 2000, 29 CLC (HCD)

.... that her marriage had been dissolved consequent to an incident of about one year ago when her husband out of anger uttered the word ‘talak’, but thereafter continued their married life. 2. In Bangladesh laws relating to the dissolution of a Muslim marriage at the instance of the husband and ......rt High Court Division (Special Original Jurisdiction) Present: Mohammad Gholam Rabbani J Nazmun Ara Sultana J Editor, The daily Banglabazar Patrika and two others.…Petitioners Vs. District Magistrate and Deputy Commissioner, Nagaon ……….…Respondent Judgment J......ected to send the copies of this judgment to the Ministries of Home, Law, Education and Religious Affairs immediately. Nazmun Ara Sultana J.- I agree. Ed. This Case is also Reported in: ......ected to send the copies of this judgment to the Ministries of Home, Law, Education and Religious Affairs immediately. Nazmun Ara Sultana J.- I agree. Ed. This Case is also Reported in: ..

Category: Family Law | Date: 1 Jan, 2000 | Hits: 240

Sunderban Taxtils Mills Vs. The Commissioner of Taxes, 1999, 28 CLC (HCD)

....e. The most im­portant section is section 45 of the Ordinance, which provides that subject to the provisions of this Ordinance, the income, profits and gains of an industrial undertaking set up in Bangladesh between the first day of July, 1974, and the thirtieth day of June, 1985 (both days inc......isdiction) Present: Syed Amirul Islam J Shah Abu Nayeem Mominur Rahman J Sunderban Taxtils Mills………………………………………………………..Applicant Vs. The Commissioner of Taxes………………………………………………..Re­sponde......ences in question are fit cases to be taken to the Appellate Division and the prayer for certificate is, therefore, refused. Ed. This Case is also Reported in: 26 BLD (HCD) (2007) 57. ......ences in question are fit cases to be taken to the Appellate Division and the prayer for certificate is, therefore, refused. Ed. This Case is also Reported in: 26 BLD (HCD) (2007) 57. ..

Category: Fiscal/Taxation Law | Date: 8 Dec, 1999 | Hits: 9

Golam Rahman (Md.) Vs. Md. Bazlur Rahman (Babu) and one other, 1999, 28 CLC (HCD)

.... dispose of the as expeditiously as possible preferably within six months from the date of receipt of the judgment this Court. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 566. ...... High Court Division (Criminal Revisional Jurisdiction) Present: Md. Hamidul Hoque J ABM Khairul Haque J Golam Rahman (Md.) ……….Accused-Petitioner Vs. Md. Bazlur Rahman (Babu) and one other……….Opposite Parties. Judgm...... dispose of the as expeditiously as possible preferably within six months from the date of receipt of the judgment this Court. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 566. ...... dispose of the as expeditiously as possible preferably within six months from the date of receipt of the judgment this Court. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 566. ..

Category: Criminal Law | Date: 2 Dec, 1999 | Hits: 46

Bangladesh Paribar Parikalpana Samity Vs. Bangladesh Paribar Parikalpana Samity Karmachari Union and others, 1999, 28 CLC (HCD)

....egal effect. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 151.......reme Court High Court Division (Special Original Jurisdiction) Present: Md. Ruhul Amin J SK Sinha J Bangladesh Paribar Parikalpana Samity…………………………Petitioner Vs. Bangladesh Paribar Parikalpana Samity Karmachari Union and others ……………Respondents......the Union of employees of the samity as Trade Union are declared to have been made without lawful authority and are of no legal effect. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 151.......the Union of employees of the samity as Trade Union are declared to have been made without lawful authority and are of no legal effect. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 151...

Category: Labour and Industrial Law | Date: 18 Nov, 1999 | Hits: 2118