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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......late Division (Civil) Present: Mahmudul Amin Choudhury CJ Md. Ruhul Amin J KM Hasan J AS Ahammed J Government of Bangla­desh and another ..........................Petitioners Vs. Golam Rabbani and others ……...........................................Respondents Judg....... 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.  ......h 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

Gouri Das and ors. Vs. ABM Hasan Kabir and others, 2003, 32 CLC (AD).

....urt Division is not correct inference. In view of the above, the appeals are dismissed without any order as to cost. Ed. This Case is also Reported in: II ADC (2005) 449, 635. ......llate Division (Civil) Present: Mahmudul Amin Chowdhury CJ Ruhul Amin J KM Hasan J AS Ahmmed J Gouri Das and ors............... Appellants Vs. ABM Hasan Kabir and others …Respondents Judgement April 9, 2002. ......urt Division is not correct inference. In view of the above, the appeals are dismissed without any order as to cost. Ed. This Case is also Reported in: II ADC (2005) 449, 635. ...... Khandker Mahbubuddin Ahmed, Senior Advocate, Instructed by Sharif Uddin Chaklader, Advocate‑on­ Record‑For the Appellants. Mahmudul Islam, Senior Advocate, instructed by Md. Aftab Hossain, Advocate‑on‑Record‑For Respondent Nos. 1 and 3. Respondent Nos. 1..

Category: Tenancy Law | Date: 9 Apr, 2002 | Hits: 148

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. ......te Division  (Civil)   Present:   Mainur Reza Chowdhury J  Syed JR Mudassir Husain J   Aroti Rani Paul ................Appellant  Vs.   Sudarshan Kumar Paul and others ..................Respondents   Judgm......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.  ......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

Chowdhury Mahmood Hasan and others Vs. Bangladesh and others, 2002, 31 CLC (HCD)

....cial Original Jurisdiction) Present: Md. Hamidul Haque J Nazmun Ara Sultana J Chowdhury Mahmood Hasan and others…………….Petitioners Vs. Bangladesh and others………………………&hellip...... (Special Original Jurisdiction) Present: Md. Hamidul Haque J Nazmun Ara Sultana J Chowdhury Mahmood Hasan and others…………….Petitioners Vs. Bangladesh and others……………………&helli......the order for two weeks. Mr. Razzaq opposed the prayer. However, the operation of the order is stayed for ten days. Ed. This Case is also Reported in: 54 DLR (HCD) (2002) 537.   ......ayed for ten days. Ed. This Case is also Reported in: 54 DLR (HCD) (2002) 537.   ..

Category: Information Technology Law | Date: 27 Mar, 2002 | Hits: 7

Mahmood Alam (Md.) and another Vs. Moklesur Rahman Bhuiya, 2002, 31 CLC (HCD)

....ed judgment and decree affirming those of the trial Court are hereby confirmed. Send down the records at once. Ed. This Case is also Reported in: 54 DLR (HCD) (2002) 523.   ......sion (Civil Revisional Jurisdiction) Present: Abdur Rashid J Hasan F Siddique J Mahmood Alam (Md.) and another……………..Petitioners Vs. Moklesur Rahman Bhuiya……………………&hell......f holding No. 269/265 of No. 9 Hatkhola Ward of the Barisal Municipality fully described in the schedule to the plaint. Plaint case, in short, is that the suit land originally belonged to Atul Behari Shaha and others, and in 1927 they orally settled the land with Hafizur Rahman Bhuiya alias Habu Kha...... 54 DLR (HCD) (2002) 523.   ..

Category: Property Law | Date: 27 Mar, 2002 | Hits: 4

Raj Unnayan Kartripakshya (RAJUK), Dhk. & ors. Vs. Water Front Apt. Ltd. and ors., 2004, 33 CLC (AD)

....nsel for the petitioners. We find no illegality is committed in the judgment of the High Court Division calling for our interference. Therefore, the leave petition is dismissed. Ed. ......Present: M Amin Chowdhury CJ Md Ruhul Amin J KM Hasan J AS Ahammed J  Rajdhani Unnayan Kartripakshya (RAJUK), Dhaka and others ...........Petitioners Vs. Water Front Apartment Ltd and ors............. Respondents   Judgment&nb......nsel for the petitioners. We find no illegality is committed in the judgment of the High Court Division calling for our interference. Therefore, the leave petition is dismissed. Ed. ......nsel for the petitioners. We find no illegality is committed in the judgment of the High Court Division calling for our interference. Therefore, the leave petition is dismissed. Ed. ..

Category: Property Law | Date: 9 Mar, 2002 | Hits: 1202

Bangladesh and others Vs. Eastern Beverage Industries Ltd. & another, 2004, 33 CLC (AD)

....7) 153. ......hmudul Amin Chowdhury CJ Mainur Reza Chowdhury J Md. Ruhul Amin J Mohammad Fazlul Karim J Bangladesh and others ..................................................Appellants Vs. Eastern Beverage Industries Ltd and another ................................Respondents ...... appeals are allowed setting aside the impugned judgment and order of the High Court Division without any order as to costs. Ed. This Case is also Reported in: 56 DLR (AD) (1997) 153. ...... This Case is also Reported in: 56 DLR (AD) (1997) 153. ..

Category: Fiscal/Taxation Law | Date: 13 Feb, 2002 | Hits: 161

Mozibul Huq Vs. Chairman, 1st Labour Court and others, 2003, 32 CLC (AD).

....gainst the judgment and order dated 7‑3­1999 passed by a Division Bench of the High Court Division in Writ Petition No. 738 of 1999.   2. The petitioner is an employee of Bangladesh Railway who was appointed as a substitute on 26‑1‑1987. An agreement between ......hmudul Amin Choudhury CJ   Md. Ruhul Amin J   KM Hasan J   Mozibul Huq ... …………Petitioner   Vs.   Chairman, 1st Labour Court and others...............Respondents &nb......Division.   The leave petition is dismissed.   Ed.   This Case is also Reported in: 55 DLR (AD) (2003) 91.  .......  ..

Category: Administrative Law | Date: 6 Feb, 2002 | Hits: 123

Abdul Mannan Vs. Bangladesh and others, 2003, 32 CLC (AD).

.... Amin Chowdhury J Mainur Reza Chowdhury J Md. Fazlul Karim J KM Hasan J Abdul Mannan ......................Petitioner Vs. Bangladesh and others .............Respondents Judgment January 22...... Mahmudul Amin Chowdhury J Mainur Reza Chowdhury J Md. Fazlul Karim J KM Hasan J Abdul Mannan ......................Petitioner Vs. Bangladesh and others .............Respondents Judgment ......ile disposing of the petitions for leave to appeal. These petitioners are accordingly dismissed. Ed. This Case is also Reported in: 55 DLR (AD) (2003) 143. ...... 55 DLR (AD) (2003) 143. ..

Category: Election Law | Date: 22 Jan, 2002 | Hits: 109

Mia Lutfi Hossain Khasru and others Vs. Bangladesh and others, 2003, 32 CLC (AD).

....ur Reza Chowdhury J Mohammad Fazlul Karim J KM Hasan J Mia Lutfi Hossain Khasru and others ……………….Petitioner Vs. Bangladesh and others………………………..Resp...... Mainur Reza Chowdhury J Mohammad Fazlul Karim J KM Hasan J Mia Lutfi Hossain Khasru and others ……………….Petitioner Vs. Bangladesh and others……………………&h......posing of the petitions for leave to appeal. These petitions are accordingly, dismissed. Ed.   This Case is also Reported in:  55 DLR (AD) (2003) 58.  ......reby an erroneous decision is reheard or corrected but lies on patent error…………………………(5)  Lawyers Involved: Md. Aftab Hossain, Advocate‑on‑Record‑For the Petitioners. Amir Hossain, ..

Category: Procedural Law | Date: 22 Jan, 2002 | Hits: 122

Moni Begum @ Moni Vs. The State, Represented by the Deputy Commissioner, 2001, 30 CLC (HCD)

....etropolitan Magistrate, Dhaka. 3. The State, Represented by the Deputy Commissioner, Dhaka.............Opposite Parties AND Alena Akther Khan (a) Alena Khan, Advocate, Supreme Court of Bangladesh (High Court Division) Director Investigation, Bangladesh Society for the Enforcement of H...... A. K. Badrul Huq J Ms. Mamtazuddin Ahmed J Moni Begum @ Moni, wife of Shahabuddin of 79/A, Satish Sarkar Road, Ganderia, P. S. Sutrapur, Dhaka..............................Petitioner Vs. 1. Mr. Mohammad Shamsur Rahman, Metropolitan Magistrate, Dhaka. 2. The Chief Metropoli......o Reported in: ......hat Judicial Inquiry was required to be held for ascertainment of the truth of the incident. 9. The Chief Metropolitan Magistrate, Dhaka by order dated 20.5.1999 directed Metropolitan Magistrate Md. Shamsur Rahman to hold Judicial Inquiry. The Metropolitan Magistrate by order dated 20.5.1999 as..

Category: Constitutional Law, Procedural Law | Date: 11 Dec, 2001 | Hits: 7

Bangladesh Legal Aid and Services Trust and another Vs. Bangladesh and others, 2001, 30 CLC (HCD)

....d in: 22 BLD (HCD) 2002, 206; 7 BLC (2002) HCD, 85. ......urt Division (Special Original Jurisdiction) Present: Shah Abu Nayeem Mominur Rahman J Md. Arayes Uddin J Bangladesh Legal Aid and Services Trust and another...........Petitioners Vs. Bangladesh and others...........Respondents Judgment November 6, 2001. Result: T......em to discuss on “The Children Act, 1974” with judicial officials working under their respective judgeship. Ed. This Case is also Reported in: 22 BLD (HCD) 2002, 206; 7 BLC (2002) HCD, 85. ......s Case is also Reported in: 22 BLD (HCD) 2002, 206; 7 BLC (2002) HCD, 85. ..

Category: Women and Children | Date: 6 Nov, 2001 | Hits: 75

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. ......se 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. ......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. ......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   ......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.  ...... (Criminal)   Present:   Mahmudul Amin Choudhury CJ    Mainur Reza Chowdhury J     Md. Gholam Rabbani J   Md. Ruhul Amin J      ..

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. ......ion is that notices of the proceeding were duly served upon the petitioner. Hence there is no violation of the principle of natural justice….(4)  Lawyers Involved:  Md. Moksudur Rahman, Senior Advocate, instructed by Sharifuddin Chaklader, Advocate-on-Record &mdash..

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.                   ......;             ..

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. ......issed. 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. ......002) 30. ..

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