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Government of Bangladesh and others Vs. Abdul Quader Mollah and another, 2011, 40 CLC (AD)

....ivil) Present: ABM Khairul Haque CJ Md. Muzammel Hossain J Surendra Kumar Sinha J Md. Abdul Wahhab Miah J Nazniun Ara Sultana J Syed Mahmud Hossain J Muhammad Imman Ali J Government of Bangladesh and others ……………......Petitioners Vs. Abdul Quader Mollah a......ts to provide the petitioners Division-1 status under the Jail Code. There is no merit in this petition, which is accordingly dismissed. Ed. This Case is also Reported in: 20 BLT (AD) (2012) 240.......ts to provide the petitioners Division-1 status under the Jail Code. There is no merit in this petition, which is accordingly dismissed. Ed. This Case is also Reported in: 20 BLT (AD) (2012) 240...

Category: Criminal Law | Date: | Hits: 95

Ishaque Mia (Md.) & another Vs. Abdul Mazid Mollah & others, 1995, 24 CLC (HCD)

....kground High Court Division held as follows: "it is true that a Nikah registrar is appointed under rule 5(1) of the said rules" on purely temporary basis until a Nikah registrar is licensed by the Government on regular basis. So the said decree passed in Tide Suit No.26 of 1977 is contrary to the...... multiplicity of suit and further litigation concerning them. In the result, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 465. ...... multiplicity of suit and further litigation concerning them. In the result, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 465. ..

Category: Civil Law | Date: | Hits: 130

Md. Nafaruddin Mollah Vs. Md. Serajuddin Khan & Others, 2007, 36 CLC (AD)

.... illegal, ineffective and without jurisdiction. 3. The plaintiff-respondent filed the suit in respect of the schedule 'A' of the plaint stating, inter alia, that the suit land was khas land of the Government and the same was leased out to the petitioners by the then Additional Deputy Commissioner......ce with the impugned judgment. In the result, the application has no merit and accordingly dismissed without any order as to costs. Ed. This Case is also Reported in: 20 BLT (AD) (2012) 164. ......ce with the impugned judgment. In the result, the application has no merit and accordingly dismissed without any order as to costs. Ed. This Case is also Reported in: 20 BLT (AD) (2012) 164. ..

Category: Property Law | Date: | Hits: 116

Ataur Rahman Vs. Election Commission & Others, 2010, 39 CLC (AD)

....as made by any of the candidates; that pursuant to the Inquiry report submitted by the Commission of Inquiry, the Election Commission decided to hold fresh election on 01.06.2009 at No.60. Shaharpara Government Primary School Centre. Jagannathpur Upazilla, Sunamgonj for the post of Chairman by a not......ies arrived at a correct decision which does not require any interference by this Court. Accordingly, the leave petition is dismissed. Ed. This Case is also Reported in: 20 BLT (AD) (2012) 99.......ies arrived at a correct decision which does not require any interference by this Court. Accordingly, the leave petition is dismissed. Ed. This Case is also Reported in: 20 BLT (AD) (2012) 99...

Category: Election Law | Date: | Hits: 296

Mahatab Hossain (Md) Vs. Upazila Nirbahi Officer and others, 2006, 35 CLC (HCD)

....05(4) 86 dated 2-12-1986 (Annexure A 1). The respondent No.l is the Upazila Nirbahi Officer of Pirgonj, Rangpur. The respondent No.2 is the Deputy Commissioner, Rangpur and the respondent No.3 is the Government of the People's Republic of Bangladesh represented by the Secretary, Ministry of Local Go......of the receipt of a copy of this judgment in accordance with law. Communicate a copy of the judgment to the concerned authority at once. Ed. This Case is also Reported in: 59 DLR (2007) 157. ......of the receipt of a copy of this judgment in accordance with law. Communicate a copy of the judgment to the concerned authority at once. Ed. This Case is also Reported in: 59 DLR (2007) 157. ..

Category: Employment/Service Law | Date: | Hits: 180

Mohammad Ismail Vs. Bangladesh, 2010, 39 CLC (HCD)

....f Paurashava and Panel Mayor No. 1 of Teknaf Paurashava, Upazila-Teknaf, District—Cox’s Bazar. …………………Petitioner Vs. Bangladesh represented by the Secretary, Ministry of Local Government, Rural Co-operative, of the People’s of the People Republic of Bangladesh Secretariat, ......acts. In the result, the Rule is discharged without however any order as to costs. The status-quo order granted in this Rule stands vacated. This Case is also Reported in: 30 BLD (HCD) 2010, 360.......acts. In the result, the Rule is discharged without however any order as to costs. The status-quo order granted in this Rule stands vacated. This Case is also Reported in: 30 BLD (HCD) 2010, 360...

Category: Others | Date: | Hits: 136

Manirul Huda Vs. National Board of Revenue, represented by its Chairman, Segunbagicha, Ramna, Dhaka and others, 2010, 39 CLC (HCD)

....alled the N.B.R). The petitioner is an assessee and has been paying taxes since beginning of his practicing career in 1959 and has been recognized as a "long term and zonal highest tax payer" and the Government awarded him in honour of his being one of the zonal longest time tax payer and he receive...... should be discharged outright. In the result, the Rule is discharged, however, without an order as to cost. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 23; 7 LG (HCD) (2010) 325. ...... should be discharged outright. In the result, the Rule is discharged, however, without an order as to cost. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 23; 7 LG (HCD) (2010) 325. ..

Category: Fiscal/Taxation Law | Date: | Hits: 227

AKM Mozammel Huq Vs. Chancellor of the National University, represented by the Secretary, Ministry of Education, Bangladesh Secretariat, Dhaka and others, 2011, 40 CLC (HCD)

.... 45 DLR; Hussain Bakhsh Vs. Settlement Commissioner, Rawalpindi 1970 PLD (SC) 1; Sabitri Takurani Vs. Savi 1921 AIR PC 80); Thakur Prasad Vs. Fakirullah, ILR 17 Allahabad 106 ; Neerala Tea Estate Vs. Government 41 DLR 90; Khapan Bittalin co-operative society Ltd. Vs. Nagendra Mahisiya Das, Supra; Si......d from 17th November, 2003 to 31st August 2004, and remove them from the employment of National University without delay”. Gobinda Chandra Tagore J. - I agree This Case is also Reported in: ......d from 17th November, 2003 to 31st August 2004, and remove them from the employment of National University without delay”. Gobinda Chandra Tagore J. - I agree This Case is also Reported in: ..

Category: Administrative Law | Date: | Hits: 371

Abul Hashim (Md.) Vs. Election Commission of Bangladesh, 1995, 24 CLC (HCD)

....icable" indicates that the decision on delimitation of the territorial constitution rests with the Election Commission. Again, the expression "administrative convenience" is a matter of policy of the Government which has to be considered keeping in view the ever growing population in the area and it......ight of the petitioner also. There is no merit in the writ petition. Accordingly, the petition is rejected summarily. No cost. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 490. ......ight of the petitioner also. There is no merit in the writ petition. Accordingly, the petition is rejected summarily. No cost. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 490. ..

Category: Election Law | Date: | Hits: 271

Fazlul Huq Haider @ Mollah Vs. State, 1982, 11 CLC (HCD)

....iginal jurisdic­tion unless the accused has been sent to it a Magistrate duly empowered in this behalf. (2) Additional Sessions Judge and Assistant Sessions Judge shall try such cases only as the Government by general or special order may direct them to try as the Sessions Judge of the division,...... the trial Court immediately. The trial Court is directed to proceed with the trial as early as possible. Mustafa Kamal J.- I agree. Ed. This Case is also Reported in: 35 DLR (HCD) (1983) 1. ...... the trial Court immediately. The trial Court is directed to proceed with the trial as early as possible. Mustafa Kamal J.- I agree. Ed. This Case is also Reported in: 35 DLR (HCD) (1983) 1. ..

Category: Criminal Law | Date: | Hits: 92

Shahryar Murshed and others Vs. Principal, Chittagong Medical College and others, 1994, 23 CLC (HCD)

.... Chittagong Medical College and others.....................Respondent Judgment May 17, 1994. Result: The Rules are accordingly made absolute. Cases Referred to- Farid Sons Ltd. Vs. Government of Pakistan, 13 DLR (SC) 233; Zakir Ahmed Vs. University of Dacca through its Vice-Chanc...... any lawful authority and, as such, is of no legal effect. The Rules are accordingly made absolute without any order as to costs. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 482. ...... any lawful authority and, as such, is of no legal effect. The Rules are accordingly made absolute without any order as to costs. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 482. ..

Category: Others | Date: | Hits: 168

Rezaul Bari (Md.) Vs. Bangladesh & others, 2010, 39 CLC (HCD)

....e other police personnel went on duty at Mithapukur area and came to know from secret source that "Dust Fish" of Shatibari Fisheries are being sold at a higher rate than that of the rate fixed by the Government. Getting such information, the informant along with some members of RAB rushed there and ......ged without any order as to costs. The order of stay granted earlier is hereby recalled and vacated. Communicate this judgment at once. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 54.......ged without any order as to costs. The order of stay granted earlier is hereby recalled and vacated. Communicate this judgment at once. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 54...

Category: Anti-Corruption Laws | Date: | Hits: 142

Saint Martin Commodities Limited Vs. Chairman & Joint Commissioner, Licensing Authority, Customs House & Others, 2010, 39 CLC (HCD)

....aring and Forwarding License of the petitioner is declared to have been issued without any lawful authority and is of no legal effect. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 49. ......aring and Forwarding License of the petitioner is declared to have been issued without any lawful authority and is of no legal effect. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 49. ......aring and Forwarding License of the petitioner is declared to have been issued without any lawful authority and is of no legal effect. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 49. ..

Category: Business or Commercial Law | Date: | Hits: 656

Asgar Ali Mia and others Vs. Bangladesh and others, 2010, 39 CLC (HCD)

....akira Vs. Anisur Rahman, 1 BLC 102; Gita Rani Vs. Bangladesh, 36 DLR (AD) 225; Md. Rafiq Vs. Md. Zahur Nasir, 8 DLR (WP) Lahore 56; 33 IA 60; Ashraf Ali Vs. Etim Ali, 11 DLR 185; Grida Lal Vs. Bengal Government, (1868) 12 MIA 448; Sree Jukta Haladhar Karmakar Vs. Bangladesh, 26 BLD 529; Karimunnessa...... (F) of 2004 is disposed of accordingly. However, there will be no order as to costs. Sent down the lower Court's records at once. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 37....... (F) of 2004 is disposed of accordingly. However, there will be no order as to costs. Sent down the lower Court's records at once. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 37...

Category: Property Law | Date: | Hits: 147

Mannaco Lab. Ltd. Vs. General Certificate Officer & Bangladesh Shilpa Bank, 1989, 18 CLC (HCD)

....o- Cus­todian General Vs. Hannam Singh (AIR 1957 Punj.58); Province of W. Pak. Vs. Md. Ayub Khuhro (PLD 1967 Kar, 673); State Bank of Pak. Vs. Kara­chi Development Authority (PLD 1961 Kar. 216); Government of Pak. Vs. Abdul Majid (PLD 1963 Kar 653); Abdul Latif Vs. Govt. of W. Pak. (PLD 1962 (S......ted 29.2.88 issued by the respondent No.1 in the aforesaid certificate case are without any lawful authority and of no legal effect. Ed. This Case is also Reported in: 42 DLR (HCD) (1990) 159. ......-. 5. Mr. Abdul Wadud Khondker, the learned Ad­vocate for the petitioner, has assailed the certificate proceeding on two counts. His first contention is that without previous determination of the dues, no requisition can be sent to the certificate officer for re­covery of the amount claimed. He..

Category: Civil Law | Date: | Hits: 171

Abdus Sukur Mia Vs. State, 1994, 23 CLC (HCD)

....the prosecution has necessarily to rely on circumstantial evidence to establish its case. Mr. Mamun in this regard has referred to a decision in the case of State, represented by the Solicitor to the Government of the People's Republic of Bangladesh Vs. Md. Shafiqul Islam alias Rafique and another r......gly ordered. The appeal is thus dismissed with the above modification of sentence only. Send down the records of the case at once. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 228. ......y died by taking endrine. She denied a suggestion that after taking money from the complainant she was giving false evidence. 19. P.W.5 is Golam Haider who stated that when he had gone to take his dues from witness Abut Kalam Azad he heard cries in the house of Suily and he asked Kalam about the ..

Category: Criminal Law | Date: | Hits: 135

Tara Mohan Barman Vs. Ananda Mohan Barman & others, 1995, 24 CLC (HCD)

....he suit holding including suit land and began to possess the suit land exclusively. After death of Darika Nath his only son, the plaintiff acquired the same and is in possession by paying rent to the Government. In the SA khatian names of Girish Chandra and Sukomon Singh were wrongly recorded with t......tay order granted earlier by this Court is hereby vacated. Send down the records to the Court below at once. No order as to costs. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 226. ......tay order granted earlier by this Court is hereby vacated. Send down the records to the Court below at once. No order as to costs. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 226. ..

Category: Property Law | Date: | Hits: 123

Abdul Ghani Khan Vs. Abdul Rashid Khan & others, 1989, 18 CLC (HCD)

.... defendants have been depositing the rent since then in the House Rent Control Case No.38 of 1984 and as such they are not defaulters. The defendant’s further case is that they paid rent to the Government and taxes to the Pourashava for the suit premises amounting to more man Tk.500/-. The pla......ade absolute. The judgment and decree passed by the learned Small Cause Court Judge are set aside and the suit is de­creed. Ed. This Case is also Reported in: 42 DLR (HCD) (1990) 147. ......ade absolute. The judgment and decree passed by the learned Small Cause Court Judge are set aside and the suit is de­creed. Ed. This Case is also Reported in: 42 DLR (HCD) (1990) 147. ..

Category: Tenancy Law | Date: | Hits: 214

Satya Ranjan Sarda Vs. State, 1989, 18 CLC (HCD)

....ia Vs. Bangladesh and another, Zahidul llaque Vs. Bangladesh and another and the case of Wahed Ali & others Vs. State reported in 32 DLR (AD) at pages 35, 33 and 229. In the case of Siraj Mia Vs. Government reported in 32 DLR page 35 the principle laid down is that under the Special Towers Act, ...... be quashed. In the result, the Rule is made absolute and the proceedings of Special Tribunal Case No.2 of 1989 is hereby quashed. Ed. This Case is also Reported in:42 DLR (HCD) (1990) 142. ...... be quashed. In the result, the Rule is made absolute and the proceedings of Special Tribunal Case No.2 of 1989 is hereby quashed. Ed. This Case is also Reported in:42 DLR (HCD) (1990) 142. ..

Category: Criminal Law | Date: | Hits: 103

Ahmed Silk Mills Ltd. Vs. Bangladesh Shilpa Bank, 1989, 18 CLC (HCD)

....ing of Tk.1,10,45, 529/= as due from the plaintiff-petitioner by the opposite party's letter dated 28.9.80 is mala fide, illegal, etc., that the agreements signed by the plaintiff-petitioner with the Government on 4.2.71 and with the opposite party on 25.3.77 is void, unenforceable and illegal being......ustice and as such it does not call for any interference. In the result, the Rule is discharged but without any order as to costs. Ed. This Case is also Reported in: 42 DLR (HCD) (1990) 140. ......ly and substantially the same. The opposite party-Bank published sale notices inviting tenders for direct sale of the mortgaged/hypothecated project assets of the petitioner for realising outstanding dues. But upon an applica­tion by the petitioner in the said Title Suit the Com­mercial Court dire..

Category: Civil Law | Date: | Hits: 119