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Mamun Akbar Vs. State and another, 2012, 41 CLC (AD)

....l trust. During such relationship the accused-petitioner got allotment of a piece of land measuring 40 square meters of Section-2, Mirpur, Dhaka, in terms of allotment letter dated 23.04.1996 under a Government Project called “ঢাকা শহর অবকাঠামো উন্নয়ন প...... infirmity in the impugned judgment and order passed by the High Court Division. Accordingly, the criminal petition for leave to appeal is dismissed. Ed. This Case is also Reported in:..

Category: Criminal Law | Date: | Hits: 90

Director General, Bangladesh Railway and others Vs. Niaz Mohammad Ali and others, 2012, 41 CLC (AD)

....ontested the said Rule by filing an affidavit-in-opposition denying material allegations made in the writ petition, stating that the writ petition was not maintainable since the writ petitioners were Government servants their remedies lies with the Administrative Tribunal. Hence, the Rule is liable ......ogical since they have no experience in this type of work and also since the right of the petitioners to be promoted is being curtailed by the newly promulgated rules. They further claimed that their service conditions cannot be changed to their detriment. The writ petitioners had been selected for ..

Category: Employment/Service Law | Date: | Hits: 222

Additional Deputy Commissioner (Rev.) Rangpur and another Vs. Amir Husain and others, 2012, 41 CLC (AD)

....xchanged the suit land on 29.02.1984 by a registered Exchange Deed No.1889 in favour of the plaintiff and the plaintiff got his name mutated vide Mutation Case No.2273 of 1983-84 and paid rent to the Government. The tenants started defaulting in payment of rent and thereafter the tenants filed Rent ......h the impugned judgment and order passed by the High Court Division is liable to be set aside”. Preparation of paper book, as prayed for, is dispensed with. This Case is also Reported in:..

Category: Property Law | Date: | Hits: 181

Administrative Officer, Hou­sing Settlement, Chittagong & others Vs. Abdur Rashid Chowdhury and others, 2011, 40 CLC (HCD)

....wed. Cases Referred to- Alauddin Khan Vs. Bangladesh represented by the Ministry of Housing and Public Works, 14 BLC 831; Nawshed Chowdhury Vs. Ministry of Land Administration and Land Reforms, Government of Bangladesh, 3 BLC 18; Messrs Mollah Industry Estate Vs. Government of Bangladesh, 6 LG......et aside. The suit is dismissed without any order as to costs. The office is directed to send down the lower Court's record at once. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 479...

Category: Property Law | Date: | Hits: 118

Javed Alam (Md.) Vs. Bangladesh and others, 2001, 30 CLC (HCD)

....e is made absolute. Since the Court of Settlement has found that the case property cannot be enlisted as abandoned property, the petitioner is entitled to get back possession of the property. The Government is not permitted to treat the property as abandoned property any more or allowing anyone ...... of the receipt of the order of this Court. The office is directed to send a copy of this order to the respondents without delay. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 521. ..

Category: Property Law | Date: | Hits: 106

Abu Bashar (Md.) and others Vs. Md. Raja Meah and others, 2010, 39 CLC (HCD)

.... The order of stay passed at the time of the issuance of the rule is hereby vacated. Send down the lower Court records at once. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 454. ......he decree holder opposite party No.1 has been serving as a Teacher of Bengali Department of Barman Islamia Senior Madrasha since October, 1987. The Governing Body of the Madrasha dis­missed him from service on 8-10-1989 and there­after the decree holder opposite party as plaintiff instituted other..

Category: Civil Law | Date: | Hits: 166

Dr. Md. Rahmat Ali Vs. State, 2011, 40 CLC (HCD)

....er is discharged from his bail bond. Send down the lower Courts record and a copy of the judgment and order to the Court concerned. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 452. ......impur, Dinajpur, son of late Jahur Meah, of vil­lage Birampur Bazar, Police Station Birampur, District Dinajpur alleging that she voluntarily took LPR on 28-2-2007 and she placed her bill along with service book before the accused for preparing papers and documents for pension and lump grants on 28..

Category: Criminal Law | Date: | Hits: 87

Badiul Alam Vs. Md. Nurul Islam, 2002, 31 CLC (HCD)

....te appearing for the petitioner, submits that in view of the pre‑emptor's purchase of land in the case holding on the basis of registered Kabala vide Exhibit 1 and payment of rental to the landlord Government Exhibit 2 series clearly indicate that the petitioner has subsisting interest in the case......old in execution of any money decree in any money execution proceeding any alienation by the judgment debtor does not come within the purview of the doctrine of lis pendens in absence of the proof of service of notice under Order XXI, rule 54 of the Code upon the alienor or the alienee as the case m..

Category: Property Law | Date: | Hits: 132

Haripada Mandal Vs. Bidhan Chandra Mondal, 2002, 31 CLC (HCD)

....ances of the case I direct the parties to bear their respective costs. Copy of this Judgment be transmitted to the Court concerned. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 515.......No.5 of 1998 on setting aside order dated 2‑2‑1999. 3. Pre‑emptor petitioner, thereafter, approached this Court in invoking jurisdiction envisaged under section 115 of the Code pressing into service ground that appellate Court had no jurisdiction to entertain appeal and Order XLIII, rule 1(..

Category: Procedural Law | Date: | Hits: 104

Al-Amin Construction Co. Ltd. Vs. Government of the People's Republic of Bangladesh and others, 2001, 30 CLC (HCD)

....Division (Special Original Jurisdiction) Present: MA Aziz J Md. Shamsul Huq J Al-Amin Construction Co. Ltd..........................................................Petitioner Vs. Government of the People's Republic of Bangladesh and others……………Respondents Judgment ......l the bidders which are awaiting acceptance by the Government. In the result, the Rule is disposed of with the dove observations. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 510. ..

Category: Others | Date: | Hits: 207

Hasina Karim Vs. Bangladesh, 1992, 21 CLC (HCD)

....nue is not being hold in custody without lawful authority or in an unlawful manner. 2. The detenu, Begum Momata Wahab, was taken into custody in execution of an order of detention passed by the Government on 3.12.91 under the signature of a Senior Assistant Secretary of the Ministry of Home Af...... Let this order be communicated to the Deputy Inspector General of Prisons, Rajshahi Central jail, Rajshahi for compliance. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 366. ..

Category: Constitutional Law | Date: | Hits: 299

Matiur Rahman (Md.) Vs. Bangladesh & others, 1998, 27 CLC (HCD)

....riginal Jurisdiction) Present: Md. Mozammel Hoque J Md. Hassan Ameen J Matiur Rahman (Md.)……………Petitioner Vs. Bangladesh, through the Secretary, Ministry of Establishment, Government of the People’s Republic or Bangladesh & others………………Respondents Jud......itioner should not be absorbed in the BCS (Customs and Excise) Cadre with immediate effect and why the petitioner’s seniority should not be counted from the date of his first joining the government service as per government’s decision of seniority of surplus personnel as published in the office ..

Category: Employment/Service Law | Date: | Hits: 216

Dr. MB Rahman Vs. Deputy Commissioner of Taxes, 1986, 15 CLC (HCD)

....h) Zone, Dhaka in respect of the petitioner Dr. M. B. Rahman bearing I.R. No.7633/TC-VI. 2. Shortly stated the facts of the case are that the petitioner who is an income-tax assessee and a retired Government official sold his land with some structures at Banani Model Town and applied for gain tax......herefore, is sustained. In the result the Rule is discharged but without any order as to costs. AM Mahmudur Rahman J. - I agree. Ed. This Case is also Reported in: 39 DLR (HCD) (1987) 33. ..

Category: Fiscal/Taxation Law | Date: | Hits: 170

Musa Bin Shamsher Vs. Ansarul Huq Ansari & others, 1986, 15 CLC (HCD)

....usiness in Qatar by residing there for a long time. The accused used to come to the house and office of the complainant in Qatar often. Accused petitioner showed him a power of attorney issued by the Government of Qatar in favour of his firm M/s. Shahbaz International, Topkhana Road, Dhaka and propo......dvocate for the accused petitioner for giving him time to move the Appellate Division if he so likes. Md. Abdul Jalil J. - I agree. Ed. This Case is also Reported in: 39 DLR (HCD) (1987) 24. ..

Category: Criminal Law | Date: | Hits: 362

Abdul Mannan and others Vs. Government of the Peo­ple's Republic of Bangladesh & others, 1986, 15 CLC (HCD)

.... (Civil Revisional Jurisdiction) Present: Nurul Huque Bhuiyan J Abdul Mannan and others……………………………………………………….….………….Petitioners Vs. Government of the Peo­ple's Republic of Bangladesh & others…………….Opposite-Parties ......i­nable. In the result, the Rule is made absolute without any order as to costs and the orders of the Courts below are set aside. Ed. This Case is also Reported in: 39 DLR (HCD) (1987) 19. ..

Category: Procedural Law | Date: | Hits: 139

Joinal Abedin Jamal and others Vs. Noor Afza, 2010, 39 CLC (HCD)

....nd any merit in this appeal. Hence the appeal is dismissed and the con­nected Rule is also discharged without any order as to cost. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 432. ......ation upon appointing Mr. AFM Mesbahuddin, a former Judge of the High Court Division, as her Arbitrator and requested the seller appellants to appoint their Arbitrator within 30 days from the date of service of the said notice failing which the purchaser respon­dent would have no alternative but to..

Category: Alternative Dispute Resolution | Date: | Hits: 251

Dr. Md. Mahiuddin Vs. Dr. Hasanuzzaman Chow­dhury and others, 1992, 21 CLC (HCD)

....t, 1956. It is stated that Mahmudul Amin Chowdhury, J was appointed as Commissioner for Enquiry under the Commissions of Inquiry Act, 1956 and on completion of the enquiry submitted his report to the Government of Bangladesh. The report of the Commission was published by the Government of Bangladesh......ontempt of Courts Act, 1926 read with Article 108 of the Constitution of the People's Republic of Bangladesh is summarily rejected. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 535...

Category: Criminal Law | Date: | Hits: 131

Serajul Alam Khan Vs. State, 1992, 21 CLC (HCD)

....sult: The Rule is made absolute. Cases Referred To- Syeda Rezia Begum Vs. The People's Republic of Bangladesh, 40 DLR 210; Kalipada Hazra Vs. State 30 DLR 103; Abdul Latif Mirza Vs. Government of Bangladesh, 31 DLR (AD) 1; Rawshan Bejoya Shawkat Ali, 18 DLR (SC) 214; Mrs. Sajaeda P...... and circumstances of the case. It is further pointed out that the first phase of the grounds relate to the activities of the remote past at the time when those grounds were considered as commendable service to the country and its people but the self‑same grounds have been used surprising­ly agai..

Category: Criminal Law | Date: | Hits: 156

Hajee Abdul Latif Vs. Abdul Huq & others, 1991, 20 CLC (HCD)

....ed 24.10.1951 corresponding to 6th Kartick, 1358 BS and made over possession of the suit land to this de­fendant and realised rent from him till the acquisition of the rent receiving interest by the Government The defendant got his name recorded in an stages of SA and RS operation, mutated his name......assment and expenses to the defendant. For the reasons stated above, this Rule is discharged without any order for costs. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 601. ..

Category: Civil Law | Date: | Hits: 166

Abdul Aziz Vs. State, 1990, 29 CLC (HCD)

....inant is entitled to prefer an appeal from an order of acquittal in a cast instituted upon a Complaint petition. The privilege of filing an appeal from an order of inadequate sentence is given to the Government. Being confronted with this legal position the learned Advocate submits that under sub‑...... the reasons stated above, this appeal has no merit. Accordingly, I dismiss the appeal in limine on the ground of incompetency. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 594. ..

Category: Criminal Law | Date: | Hits: 110