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Zehad Ali Vs. Kharshed Ahamed & others, 1984, 13 CLC (HCD)

.... Vs. Hem Chandra Ray and another, 11 DLR (1959) 7; Abdul Rouf, 7 DLR 26; Ghuznavi Vs. The Allahabad Bank Ltd., (1917) 21 CWN 877 (FB); Sreemati Guru Dasi Vs. Sarbanada Mahaldar and oth­ers, PLD 1961 Dhaka 243 (244); Nasim Jan and Others Vs. Badiuzzaman, PLD 1967 Pesh, 262 (265). Lawyers Involved...... Kharshed Ahamed & others.............................Respondents Judgment September 2, 1984. Result: The application for revision is allowed. Cases Referred to- Seth Nanhelal and an­other Vs. Umrao Singh and another, 35 CWN 381 (387); Jyotish Chandra Chakraborty Vs. Hem Cha......rted in: 41 DLR (HCD) (1989) 336. ....... In the facts and circumstances of the case, there would however be no order as to cost. Let the records be sent down at once. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 336. ..

Category: Property Law | Date: | Hits: 115

Sankar Gopal Chatterjee & others Vs. Additional Commi­ssioner, Dhaka Division & others, 1989, 18 CLC (HCD)

.... legal effect. The Rule is accordingly made absolute but without any order as to costs. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 326. ......respondents to show cause as to why the order dated 16.12.85 passed by the respondent No.1 the Additional Commissioner, Dhaka Division, Dhaka in L.A. Miscellaneous Petition No.38 of 1985 (Annexure E) and the decision dated 24.3.86 arrived at by the respondent No.2 the Deputy Commissioner, Kishoregon...... High Court Division (Dhaka Bench) (Special Original Jurisdiction) Present: Mustafa Kamal J Nurul Huque Bhuiyan J Sankar Gopal Chatterjee & others...............Petitioners Vs. The Additional Commi­ssioner, Dhaka Division & others................Respondents Judg......t lawful authority and that those are of no legal effect. The Rule is accordingly made absolute but without any order as to costs. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 326. ..

Category: Property Law | Date: | Hits: 116

Abdus Salam Vs. Chief Election Commissioner and others, 1989, 18 CLC (HCD)

....y interference. In the result the Rule is discharged but without any order as to costs. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 324. ...... Bench) (Special Original Jurisdiction) Present: Mustafa Kamal J Mahmudul Amin Chowdhury J Abdus Salam.............................Petitioner Vs. The Chief Election Commissioner and others...............................Respondents Judgment March 15, 1989. Result: Th......Court High Court Division (Dhaka Bench) (Special Original Jurisdiction) Present: Mustafa Kamal J Mahmudul Amin Chowdhury J Abdus Salam.............................Petitioner Vs. The Chief Election Commissioner and others...............................Respondents Judgm......fore, find that this Rule does not merit any interference. In the result the Rule is discharged but without any order as to costs. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 324. ..

Category: Election Law | Date: | Hits: 215

Secretary, Ministry of Public Works Vs. Court of Settlement (1st Court) Bangladesh Abandoned Buildings, 1998, 17 CLC (HCD)

....y on regular payment of rent and taxes to the respective authorities but for disturbance in 1971 he had to vacate the house after liberation for safety of life and was residing in different places at Dhaka as a citizen of Bangladesh. The respondent No.2 made several representations for release and r......ion) Present: Md. Fazlul Karim J Md. Tafazzul Islam J Secretary, Ministry of Public Works…………..Petitioner Vs. Court of Settlement (1st Court) Bangladesh Abandoned Buildings…………Respondents Judgment March 26, 1998. Result: Th...... High Court Division (Special Original Jurisdiction) Present: Md. Fazlul Karim J Md. Tafazzul Islam J Secretary, Ministry of Public Works…………..Petitioner Vs. Court of Settlement (1st Court) Bangladesh Abandoned Buildings…………Respondents ......to the Court of Settlement for hearing afresh on merit in accordance with law. Send down the LC records to respondent No.1 at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 396...

Category: Property Law | Date: | Hits: 102

Sonali Bank Vs. Abidur Rahman, 1990, 19 CLC (HCD)

....he Code of Civil Procedure at the instance of the decree holder Sonali Bank is directed against the order dated 22.4.89 passed by Mr. Tapan Kumar Rudra, Subordinate Judge & Commercial Court No.1, Dhaka in Money Execution Case No.23 of 1987. 2. It appears that decree-holder petitioner Sonali B......ur Rahman...........................Opposite Party Judgment February 11, 1990. Result: The rule is discharged. Cases Referred to- Indian General Investment Trust Ltd. Vs. Sri Ramchandra Mardaraja Doo, Raja of Khalikote, AIR 1952 (Cat) 508. Lawyers Involved: Asrarul Hossain......eme Court High Court Division (Civil Revisional Jurisdiction) Present: ARM Amirul Islam Chowdhury J Kazi Ebadul Hoque J Sonali Bank..................................Petitioner Vs. Abidur Rahman...........................Opposite Party Judgment February 11, 1990. ....... The rule is, accordingly, discharged without any order as to costs. Communicate this order to the Dis­trict Judge, Dhaka, at once. Ed. This Case is also reported in: 42 DLR (HD) (1990) 311...

Category: Procedural Law | Date: | Hits: 168

Abdus Samad Miah and another Vs. Bangladesh Government & others, 2010, 39 CLC (HCD)

.... by an order dated 11-12-1989 and joined to the post on the same date. Now he is serving as Superintendent in the office of Directorate of Inspection and Audit, Ministry of Education, Shikkha Bhaban, Dhaka. The petitioner No.2 Md. Momtazul Karim was appointed on 28-10-1970 as LD Clerk and joined in ......eported in: 62 DLR (HCD) (2010) 458....... High Court Division (Special Original Jurisdiction) Present: Hasan Foez Siddique J Md. Moyeenul Islam Chowdhury J Abdus Samad Miah and another…………………….Petitioners Vs. Bangladesh Government & others…………………………Respondents Judgment A......scussion we are of the view that writ petition is not maintainable. In the result, the rule is discharged with no order as to costs. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 458...

Category: Administrative Law | Date: | Hits: 421

Azam-e-Sadat (Md.) Vs. Bangladesh and others, 2010, 39 CLC (HCD)

....ct, 1947 (Annexure-B) against the petitioner in violation of the provisions of section 32(1) of the Anti-Corruption Commission Act, 2004 now pending before the Court of Chief Metropolitan Magistrate, Dhaka should not be declared to have been made without lawful authority and is of no legal effect. ...... Court High Court Division (Special Original Jurisdiction) Present: Md. Ashfaqul Islam J SM Emdadul Hoque J Azam-e-Sadat (Md.)……………………Petitioner Vs. Bangladesh and others……………………Respondents Judgment August 12, 2010. Result: Both the......010) 455. ...... The order of stay granted at the time of issuance of the Rules is hereby recalled and vacated. Communicate this order at once. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 455. ..

Category: Criminal Law | Date: | Hits: 89

Motiur Rahman Vs. AKM Shamsul Alamin and another, 2010, 39 CLC (HCD)

....15(1) of the Code of Civil Procedure calling upon the opposite party No.1 to show cause as to why the impugned Judgment and order dated 22-8-1999 passed by the Additional District Judge, Fifth Court, Dhaka in Miscellaneous Appeal No.76 of 1997 affirming those dated 22-3-1997 passed by the Subordinat......R (HCD) (2010) 449. ...... is also Reported in: 62 DLR (HCD) (2010) 449. ......s Appeal No.76 of 1997 is hereby maintained. Send down the LCR along with copies of this Judgment to the Courts below immediately. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 449. ..

Category: Procedural Law | Date: | Hits: 170

Trade Multi Plex and another Vs. Artha Rin Adalat and another, 2010, 39 CLC (HCD)

....dents Judgment August 24, 2010. Result: The rule is discharged and the stay order granted earlier stands vacated. Case Referred to- The Oriental Bank Ltd. Vs. Artha Rin Adalat No.4, Dhaka and others, Writ Petition No.5746 of 2005. Lawyers Involved: Ali Imam Khaled Rahim with ......s Case is also Reported in: 62 DLR (HCD) (2010) 533....... 533....... of judgment. The order of stay granted earlier by the Court stands vacated. Communicate the Judgment to respondent No.1 at once. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 533...

Category: Civil Law | Date: | Hits: 157

Tarique Rahman Vs. Government of Bangladesh and others, 2010, 39 CLC (HCD)

....ising out of Cantonment PS Case No.08 dated 26-10-2009 under Section 2/4(2) of the Money Laundering Prevention Act, 2009 now pending before the Court of the learned Metropolitan Senior Special Judge, Dhaka in violation of fundamental rights of the petitioner guaranteed under Article 44 and 35(1) of ...... with law. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 524. ......010) 524. ......y, the Rule is discharged without any order as to costs. The trial Court is directed to proceed with the case in accordance with law. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 524. ..

Category: Criminal Law | Date: | Hits: 112

Nur Hossain Miah & others Vs. Bangladesh and others, 2010, 39 CLC (HCD)

.... of Tejgaon PS Case No. 53 dated 19-3-2009 under sections 5(2) of the Prevention of Corruption Act, 1947, sections 420/409/109 of the Penal Code pending before the Court of Chief Judicial Magistrate, Dhaka has been challenged by the petitioners. 3. Similarly in Writ petition No.5067 of 2009, Writ......t High Court Division (Special Original Jurisdiction) Present: Md. Ashfaqul Islam J SA Emdadul Hoque J Nur Hossain Miah & others……………..Petitioners Vs. Bangladesh and others……………..Respondents Judgment October 6, 2010. Result: All the Rules a......514. ......ce of the rules is hereby recalled. Let a copy of this Judgment be transmitted to the Chairman, Anti-Corruption Commission, Dhaka. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 514. ..

Category: Criminal Law | Date: | Hits: 107

Ibrahim Khalil and others Vs. Mujibur Rahman and others, 2012, 41 CLC (AD)

....ed Hossain and Nur Mohammad by a registered deed dated 01.05.1950. Meanwhile, the Government acquired 7 decimals of land from suit plot No.78 pursuant to L.A. Case No.13/1967-1968 for construction of Dhaka-Narayangonj Link Road and remaining 51 decimals of land were in possession of Ahmed Hossain an...... Division (Civil) Present: Surendra Kumar Sinha J Md. Abdul Wahhab Miah J Nazmun Ara Sultana J Syed Mahmud Hossain J Muhammad Imman Ali J Md. Shamsul Huda J Ibrahim Khalil and others………………........Petitioners Vs. Mujibur Rahman and others……................. Sinha J Md. Abdul Wahhab Miah J Nazmun Ara Sultana J Syed Mahmud Hossain J Muhammad Imman Ali J Md. Shamsul Huda J Ibrahim Khalil and others………………........Petitioners Vs. Mujibur Rahman and others……..............Respondents Judgment July 30, 2012. Res......servation that the findings of the Courts below not relating to specific performance of contract shall be deemed to have been expunged. Ed. This Case is also Reported in:18 BLC (AD) (2013) 23. ..

Category: Civil Law | Date: | Hits: 186

SM Sabbir Hasan Vs. State, 2011, 40 CLC (HCD)

....ermitted to take back the certified copies of the annexures on substituting with photo copies of the same, except the impugned order. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 368. ......jected. Case Referred to- 14 MLR 482. Lawyers Involved: Abdul Matin Khasru, Advocate - For the Accused-Petitioner. KM Zahid Sanvar, Deputy Attorney-General with Md. Zakir Hossain Ripon and Monzu Naznin (Rozy), Assistant Attorney-General—For the State. Md. Khurshid Alam Khan, Advo...... High Court Division (Criminal Miscellaneous Jurisdiction) Present: Md. Shamsul Huda J Abu Bakar Siddiquee J SM Sabbir Hasan (in Custody)………………….Accused-Petitioner Vs. State ……………………Opposite Party Judgment March 14, 2011. Result: Th......ermitted to take back the certified copies of the annexures on substituting with photo copies of the same, except the impugned order. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 368. ..

Category: Criminal Law | Date: | Hits: 111

Commissioner of Customs, Chittagong Vs. Tectonics and others, 2010, 39 CLC (HCD)

....ds to an amount less than 30% as received from the Embassy about diplomatic price. As against the said order, the department preferred an appeal before the Customs, Excise and VAT Appellate Tribunal, Dhaka (hereafter stated as the Tribunal) and the Tribunal dismissed the appeal by order dated 11-7-2......High Court Division (Special Original Jurisdiction) Present: Zinat Ara J Md. Abu Zafor Siddique J Commissioner of Customs, Chittagong…………………Appellant Vs. Tectonics and others……………………Respondents Judgment July 6, 2010. Result: The rule is......Supreme Court High Court Division (Special Original Jurisdiction) Present: Zinat Ara J Md. Abu Zafor Siddique J Commissioner of Customs, Chittagong…………………Appellant Vs. Tectonics and others……………………Respondents Judgment July 6, 2010. Resul......al. Accordingly, we find no merit in this rule and the rule is thus discharged without cost. Thus, the Customs Appeal is dismissed. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 367. ..

Category: Procedural Law | Date: | Hits: 111

Abdul Quayum Vs. International Finance Investment and Commerce Bank Ltd. and others, 2010, 39 CLC (HCD)

....Vs. Abdul Quayum, 4 BLC (AD) 255; Ismat Zerin Khan Vs. World Bank, 11 MLR (AD) 58 = 58 DLR (AD) 1; Rupali Bank Ltd. Vs. Md. Arab Ali, 7 BLC (AD) 1; 7 BLD 365; Bangladesh Small Industries Corporation, Dhaka Vs. Mahbub Hossain Chowdhury, 29 DLR (SC) 41; Burmah Eastern Ltd. Vs. Burmah Eastern Employees......ourt High Court Division (Civil Appellate Jurisdiction) Present: Farid Ahmed J M Enayetur Rahim J Abdul Quayum………………Appellant Vs. International Finance Investment and Commerce Bank Ltd. and others……………Respondents Judgment January 17, 2010 Resul...... in: 63 DLR (HCD) (2011) 359. ......t, Dhaka in Title suit No.83 of 2007 rejecting the plaint of the suit is maintained and upheld. Send down the lower Court records. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 359. ..

Category: Employment/Service Law | Date: | Hits: 175

Afifa Sultana Vs. Judge, Artha Rin Adalat and others, 2011, 40 CLC (HCD)

....on the legality of the judgment and decree dated 17-2-2004 (decree signed on 23-2-2004, Annexure-D and E to the writ petition respec­tively) passed by the learned Judge of the Artha Rin Adalat No.4, Dhaka in Artha Rin Suit No.371 of 2003. The petitioner also challenged the initiation of the proceed...... High Court Division (Special original Jurisdiction) Present: Zinat Ara J Md. Abu Zafor Siddique J Afifa Sultana……………………Petitioner Vs. Judge, Artha Rin Adalat and others………………………Respondents Judgment January 9, 2011. Result: The r......CD) (2011) 354. ......as to costs. The order of stay granted earlier by the Court stands vacated. Communicate the judgment to respondent No.1 at once. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 354. ..

Category: Civil Law | Date: | Hits: 269

Md. Fazlur Rahman & others Vs. Government of the People's Republic of Bangladesh & others, 1989, 18 CLC (HCD)

....ult, the Rule in all the Writ petitions are made absolute but without any order as to costs. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 459.......d Ahmed, Advocate - For the Peti­tioners (In all the Writ Petitions). A.F. Hasan Ariff, Deputy Attorney General - For the Respon­dents (In all the Writ Petitions). Writ Petition Nos. 416, 438 and 452 of 1986. Judgment Mustafa Kamal J.- These 3 Writ peti­tions have been heard together ...... High Court Division (Dhaka Bench) (Special Original Jurisdiction) Present: Mustafa Kamal J Nurul Huque Bhuiyan J Md. Fazlur Rahman & others…………………Petitioners Vs. Government of the People's Republic of Bangladesh repre­sented by the Secretary, Mini­stry ...... service cannot be sustained. In the result, the Rule in all the Writ petitions are made absolute but without any order as to costs. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 459...

Category: Others | Date: | Hits: 167

Anwar Ali Vs. State, 1987, 16 CLC (HCD)

.... the Special Powers Act. He may be set at liberty at once if not wanted in any other case. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 450. ...... Appellant. S. B. Barua, Advocate - For the State. Criminal Appeal No.325 of 1987. Judgment Fazle Hussain Mohammad Habibur Rahman J.- Accused-Appellant Md. Anwar Ali was tried in absentia and convicted u/s 16 (3) read with section 16(1)(a) of the Special Powers Act, 1974 by Mr. Afzalul H...... High Court Division (Dhaka Bench) (Criminal Appellate Jurisdiction) Present: Fazle Hussain Moham­mad Habibur Rahman J Anwar Ali.......................................Petitioner Vs. State...............................................Opposite Party Judgment August 31,......ction. 16(3) read with section 16(I) (a) of the Special Powers Act. He may be set at liberty at once if not wanted in any other case. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 450. ..

Category: Criminal Law | Date: | Hits: 108

Dr. Suraiya Hossain Vs. Taherunnessa, 1988, 17 CLC (HCD)

....circumstances of the cases there will be no order as to costs. Send down the records at once. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 441....... Judgment May 12, 1988. Result: Civil Revision No. 561 of 1987 is discharged. Cases Referred to- Ahmedur Rahman Vs. Sk. Mofazzal Hossain, 14 DLR 826; Rafique & others Vs. Siddique and others, 22 DLR 59; Dasarath Vs. Sarat Chandra, 37 CWN 971; Kobbat Ahmed Vs. Abdus Sabur, 25 DLR ......Supreme Court High Court Division (Dhaka Bench) (Civil Revisional Jurisdiction) Present: Anwarul Hoque Chowdhury J Dr. Suraiya Hossain..................................Petitioner Vs. Taherunnessa..........................................Opposite Party Judgment May 12, 1......d for them to vacate. In the facts and circumstances of the cases there will be no order as to costs. Send down the records at once. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 441...

Category: Property Law | Date: | Hits: 88

Jalaluddin Vs. Bangladesh, 1989, 18 CLC (HCD)

....ny order as to costs, and the order of stay passed by this Court earlier is hereby vacated. Ed. This Case is also Reported in: 42 DLR (HD) (1990) 132.......si issued under Article 102 of the Constitution the respondents were asked to show cause as to why the Notification dated 20.10.88 issued in the Bangladesh Gazette by the respondent No.1 (Annexure E) and the Notification dated 12.12.88 issued by the Elec­tion Commission (Annexure H) so far as those......t High Court Division (Dhaka) (Special Original Jurisdiction) Present: Mustafa Kamal J Md. Mozammel Hoque J Jalaluddin............................................Petitioner Vs. Bangladesh, represented by the Secretary, Ministry of Local Government Rural Development &......result, the Rule is discharged but without any order as to costs, and the order of stay passed by this Court earlier is hereby vacated. Ed. This Case is also Reported in: 42 DLR (HD) (1990) 132...

Category: Property Law | Date: | Hits: 108