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Bangladesh Society for the Enforcement of Human Rights (BSEHR) and Others Vs. Government of Bangladesh and others, 2000, 29 CLC (HCD)

....he so-called rehabilitation Programme was conducted leaves much scope for suspicion that there is more to it than a mere rehabilitation. As they were even deprived of their right to meet their family members but most of them received torture both physically and mentally. The report has further state...... Let a copy of this judgment be sent to the Hon’ble Minister, Ministry of Home Affairs and Director General, Department of Social Services. Ed. This Case is also Reported in: 53 DLR (2001) 1. ...... Let a copy of this judgment be sent to the Hon’ble Minister, Ministry of Home Affairs and Director General, Department of Social Services. Ed. This Case is also Reported in: 53 DLR (2001) 1. ..

Category: Constitutional Law | Date: | Hits: 264

Md. Abul Kashem Vs. Mahmudul Hasan @ Major General Mahmudul Hasan (Rtd.) and others, 2009, 38 CLC (AD)

....e no bearing upon the ultimate decision in the election petition. With this observation this petition for leave to appeal is dismissed. Ed. This Case is also Reported in: VII ADC (2010) 404. ......e no bearing upon the ultimate decision in the election petition. With this observation this petition for leave to appeal is dismissed. Ed. This Case is also Reported in: VII ADC (2010) 404. ......e no bearing upon the ultimate decision in the election petition. With this observation this petition for leave to appeal is dismissed. Ed. This Case is also Reported in: VII ADC (2010) 404. ..

Category: Election Law | Date: | Hits: 116

Government of the Peoples Republic of Bangladesh and others Vs. Msst. Mostafa Begum, 2009, 38 CLC (AD)

.... Pakistan and the original allottee, namely, Imam Box on 18.8.62 who got possession of the building vide possession letter dated 22.8.62. After taking posses­sion Imam Box started leaving there with member of his family on payment of House rent installments for the building and obtained receipt the......published under Abandoned Buildings (supplementary pro­visions) Ordinance 54/85 stating that the said building was leased out to one Imam Box son of late Sk. Md. Hossain by the then Governor of East Pakistan vide an allotment letter dated 7.6.61 and the lease Deed was registered between the governo......of 1992 by the writ petitioner would be of no help to the petitioner in challenging the abandoned nature of the property in question. End. This Case is also Reported in: VII ADC (2010) 388. ..

Category: Property Law | Date: | Hits: 21

Saudi Arabian Airlines Corporation Vs. M/S. Saudi Bangladesh Services Company Limited, 2010, 39 CLC (AD)

....tribunal was re-constituted with M. Habibur Rahman, J (Chairman), Dr. M. Zahir and M. Amir-Ul Islam. The arbitration tribunal after being reconstituted decided to hear the matter afresh as two of its members being subsequently appointed, they were not aware of the contents of the earlier proceedings......ng to interfere with the judg­ment of the High Court Division in setting aside the award. Accordingly the leave petition is dismissed. Ed. This Case is also Reported in: VII ADC (2010) 361. ......ng to interfere with the judg­ment of the High Court Division in setting aside the award. Accordingly the leave petition is dismissed. Ed. This Case is also Reported in: VII ADC (2010) 361. ..

Category: Alternative Dispute Resolution | Date: | Hits: 207

Khondker Delwar Hossain Vs. Speaker, Bangladesh Jatiyo Shangshad (Parliament), 1998, 27 CLC (HCD)

....The principal question, which this petition under Article 102 of the Constitution raises for our decision, relates to the construction of several Articles of the Constitution against defection by the members of Parliament. The question was raised by the two petitioners, Khondker Delwar Hossain and P...... be. Similar questions relating to members of the Legislative assembly or Legislative Council of a State are dealt with, under Article 191 and 192 of the Indian constitution. 37. The corresponding Pakistani Article is Article 63 of the 1973 constitution and article 104 of the 1962 constitution. A......two B.N.P. members of Parliament, to the Election Commission within thirty days from the receipt of this order. Ed. This Case is also Reported in: 19 BLD (HCD) (1999) 45, 51 DLR (HCD) (1999) 1. ..

Category: Constitutional Law | Date: | Hits: 171

Secretary, Parliament Secre­tariat, Dhaka Vs. Khandker Delwar Hossain and others, 1999, 27 CLC (AD)

....nt No. 3 herein) to forward the dispute as raised by the writ-petitioners, the Chief Whip and the Deputy Leader of the opposition in their letters to the Speaker (Annexure-A and Al) regarding two BNP members  of Parliament to the Election Commission within 30 days of receipt of the order. 2.......handker Delwar Hossain and others………….others Respondents Judgment July 29, 1999. Cases Referred to- Ghulam Muhammad Mustafa Khar Vs. Chief Election Commissioner of Pakistan, PLD 1969 Lahore 602; Fazlul Chowdhury Vs. Muhammad Abdul Haque, PLD 1963 SC 486. La......their seats pursuant to Article 70 of the Constitution to the Election Commission within 7 (seven) days from receipt of this order. Ed. This Case is also Reported in: 19 BLD (AD)(1999) 276. ..

Category: Constitutional Law | Date: | Hits: 138

Baby Food Products Ltd. Vs. Nabisco Biscuit & Bread Factory Ltd., 2009, 38 CLC (AD)

....ew our judgment already passed. In such view of the matter we find no substance in this review petition which is accordingly dismissed. Ed. This Case is also Reported in: VII ADC (2010) 320. ...... rest of oth­ers, the respondent adopted a trade mark consisting of the word "NABISCO" on a label with a distinctive colour scheme, design and get up for the first time in the whole of erstwhile   Pakistan when Bangladesh was a province of Pakistan. However, the respondent applied for reg­istrat......ew our judgment already passed. In such view of the matter we find no substance in this review petition which is accordingly dismissed. Ed. This Case is also Reported in: VII ADC (2010) 320. ..

Category: Intellectual Property Law | Date: | Hits: 273

Bangladesh Legal Aid and Services Trust (BLAST) and others Vs. Bangladesh and others, 2003, 32 CLC (HCD)

....the recommendations made above within six months. All the respondents are also directed to implement the directions made above immediately. Ed. This Case is also Reported in: 55 DLR (2003) 363. ...... into force of the Code itself in the year 1898. The question of abusive exercise of power under these two sections were also debated in the past. This Code of Criminal Procedure is being followed in Pakistan, India and Bangladesh. In India, section 54 was amended and substituted and the present sec......the recommendations made above within six months. All the respondents are also directed to implement the directions made above immediately. Ed. This Case is also Reported in: 55 DLR (2003) 363. ..

Category: Constitutional Law | Date: | Hits: 137

Mohiuddin Khan and another Vs. Shihamul Haque and others, 2009, 38 CLC (AD)

....plaint and a decree for declaration that the set­tlement deed described in schedule ‘B’ is not binding on the plaintiffs. Ed. This Case is also Reported in: 15 BLC (AD) (2010) 129. ......llants and stating, inter alia, that Shihamul Haque, his father Enamul Haq and his mother Tahera Sogra Begum, were the inhabitants of Bardwan District in India and after they settled in the then East Pakistan in 1950 migrating from India, Chaturi Tanti along with Shibulal, Bhutu, Surjagaya and Nathu......plaint and a decree for declaration that the set­tlement deed described in schedule ‘B’ is not binding on the plaintiffs. Ed. This Case is also Reported in: 15 BLC (AD) (2010) 129. ..

Category: Property Law | Date: | Hits: 29

Habibur Rahman Mollah (Ex-Member of Parliament, Dhaka 4) Vs. State and another, 2010, 39 CLC (AD)

....From the judgment and order dated 20-11-2008 passed by the High Court Division in Criminal Miscellaneous Case No. 11212 of 2008). Judgment SK Sinha J. - The appellant Habibur Rahman Mollah, ex-member of Parliament, submitted his statement of wealth including the members of his family to the D......is always reluctant in inter­fering with the said proceedings at an interlocutory stage by invoking its power. In this connection I would like to reiterate the arguments made by the Supreme Court of Pakistan in MS Khawaja vs State, PLD 1965 SC 287 = 17 DLR SC 153 as under: "Every prosecution for......ances of the case. The submissions of the learned Counsel merit no consideration. The appeal is dismissed. Ed. This Case is also Reported in: 62 DLR (AD) (2010) 233; 15 MLR (AD) (2010) 175. ..

Category: Anti-Corruption Laws | Date: | Hits: 195

Md. Nazrul Islam and another Vs. Secretary, Ministry of Public Works, the People's Republic of Bangladesh, 2009, 38 CLC (AD)

....en 5% of his salary as a Police Habilder as per the demand note dated 15.05.1975 issued by the defendants. 4. The said allottee, Sona Miah, had been living in the suit property with his family members including the plaintiffs only and he had been paying rent for the suit proper­ty regularly ......s to sell the scheduled abandoned property under the Government circular/policy as being a valid allottee in possession. 3. The suit property originally belonged to the then Government of East Pakistan which was subsequently leased out to a Non-Bengali refugee. After 1971 the said Non-Bengali......ion committed no illegality in dismiss­ing the appeal. We find no substance in this petition which is accordingly dismissed. Ed. This Case is also Reported in: VII (ADC) (2010) 186. ..

Category: Property Law | Date: | Hits: 23

Mohammad Shahid Ullah Vs. Chairman, First Court of Settlement, Dhaka and others, 2008, 37 CLC (AD)

.... handed over by the Government to the original allottee Syed Nazir Ahmed on 07.08.1953 and after tak­ing over possession Syed Nazir Ahmed had been owning and living in the build­ing with his family member peacefully by paying rents, dues and taxes etc. While the original allottee Syed Nazir Ahmed ......as allotted to Syed Nazir Ahmed, son of late Syed Wasi Ahmed on 07.08.1953 as a refugee for his rehabilita­tion by an Indenture of Agreement con­cluded between the then Government of erstwhile East Pakistan on one part and aforesaid original allottee on the other part, vide Annexure 'A'. The afore......f law causing failure of justice. We find no merit in this appeal and accordingly the appeal is dismissed with­out any order as to cost. Ed. This Case is also Reported in: VI ADC (2010) 76. ..

Category: Property Law | Date: | Hits: 37

Golam Rab Chowdhury Vs. Mrs. Sajeda Begum and others, 2009, 38 CLC (AD)

....ather Manzur Ahmed, a refugee from India was allotted a plot in Mohammadpur on 6.1.1960 by the then Government and was put into possession. He constructed two rooms and started living with his family members. After the emergence of Bangladesh, the marriage ceremony of his daughter, the respondent wa......use to the respondent in presence of witnesses. Since then the respondent with her husband was living therein as the rightful owner. After her marriage the respondent's father, Manzur Ahmed, left for Pakistan to visit his rela­tives and died there. During the distur­bance in 1975 the respondent wa......e in law and is liable to be set aside. We find substance in this appeal. The appeal is allowed without any order as to cost. Ed. This Case is also Reported in: VI ADC (2010) 69. ..

Category: Property Law | Date: | Hits: 31

Government of Bangladesh and others Vs. Md. Aftabuddin (Retired District and Sessions Judge) and another, 2009, 38 CLC (AD)

....¨à§¦à§¦à§­ which has been published in the Bangladesh Gazette on 16.01.2007; that the said Rules were again amended by Gazette Notification dated 02.04.2007. Rule 7 the said Rules has prescribed that members of the Bangladesh Judicial Service may be deputed to Ministry of Law, Justice and Parliament......trument in line with the Nitimala 2001. 53. Both the appeals are accordingly dismissed without any order as to costs. This Case is also Reported in: 15 MLR (AD) (2009) 41; VII (ADC) (2010) 91. ......trument in line with the Nitimala 2001. 53. Both the appeals are accordingly dismissed without any order as to costs. This Case is also Reported in: 15 MLR (AD) (2009) 41; VII (ADC) (2010) 91. ..

Category: Constitutional Law | Date: | Hits: 207

Mohiuddin Khan and another Vs. Shihamul Haque being dead his heirs Hasina @ Ila Begum and others, 2009, 38 CLC (AD)

....e for declaration that the settlement deed described in schedule 'B' is not binding on the plaintiffs. This Case is also Reported in: 15 MLR (AD) (2010) 1; VII (ADC) (2010) 113; 7 LG (AD) 2010, 5. ......ants and stating, inter alia, that Shihamul Haque, his father Enamul Haque and his mother Tahera Sogra Begum, were the inhabitants of Bardwan District in India and after they settled in the then East Pakistan in 1950 migrating from India, Chaturi Tanti along with Shibulal, Bhutu, Surjagaya and Nathu......e for declaration that the settlement deed described in schedule 'B' is not binding on the plaintiffs. This Case is also Reported in: 15 MLR (AD) (2010) 1; VII (ADC) (2010) 113; 7 LG (AD) 2010, 5. ..

Category: Property Law | Date: | Hits: 43

State Vs. Mirza Abbas, 2009, 38 CLC (AD)

.... to 285.13 US$ 1.466 per Dollar. (iv) Malaysian Ringit: 432 equivalent to 130.12US$ 3.32 per Dollar. 3. They also seized from the house 5(five) international passports belonging to other family members of the accused on the allega­tions that the accused brought those foreign currencies into B....... It is a well-known and settled principle of law, as propounded in the case of Mst. Mumtaz Begum and others Vs. The State reported in 1968 PCrLJ 97, a case initiated under the provisions of the West Pakistan Suppression of Prostitution Ordinance, 1961 providing that the investigation into the alleg......there­fore no valid reason to interfere with the impugned judgment. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 7 LG (AD) (2010) 76; 15 MLR (AD) (2010) 141.  ..

Category: Fiscal/Taxation Law | Date: | Hits: 75

Md. Nazrul Islam Vs. Monzurul Islam Liton and others, 2009, 38 CLC (AD)

....holder and 77.78% higher than the average earning of the Bangladesh Railway. By the letter dated 14.08.2002 it was intimated that the Standing Committee in which the writ-respondent No.4 was also a member approved the tender and the approval of the Standing Committee was also approved by the wri......maintainable. Accordingly, the appeal is disposed of and the judgment and order of the High Court Division is set aside. Ed. This Case is also Reported in: 17 BLT (AD) (2009) 198. ......maintainable. Accordingly, the appeal is disposed of and the judgment and order of the High Court Division is set aside. Ed. This Case is also Reported in: 17 BLT (AD) (2009) 198. ..

Category: Civil Law | Date: | Hits: 149

Moyez Uddin Sikder and others Vs. State, 2007, 36 CLC (HCD)

....Code of Criminal Procedure, we thought it proper to resolve the question first before proceeding with the case any further and in doing so we also felt it necessary to take assistance from the senior members of the Bar as Amicus Curie. Accordingly, we invited some senior members of the Bar for the p......d Co. A.I.R. 1940 (PC) 105; Jamil Hoque and 11 others Vs. Bangladesh, 34 D.L.R. (AD) 125; Bangladesh Agricultural University Vs. Abdul Hye Bhuiyan, 1982 BLD (AD) 6; Jafar Ul Ahsan Vs. The Republic of Pakistan, P.L.D. 1960 (SC) 113; Kh. Ehtesham Uddin Ahmed @ Iqbal Vs. Bangladesh and others, 33 DLR (......bstinate expression. Accordingly, the question raised at the Bar is hereby resolved with the observations as above. SM Emdadul Hoque, J.- I agree. Ed. This Case is also Reported in: ..

Category: Criminal Law | Date: | Hits: 101

Sree Jagannath Bairagy Vs. Sree Sree Kanailal Jew Bigraha and others, 2009, 38 CLC (AD)

.... some news papers. But the investigation officer did not collect evidence to prove that but submitted final report to the Court. Thereafter the defendant brought a permanent injunction against the member of the Shebait com­mittee and after taking the plaint of the said permanent injunction t......made out calling for interference by this Court. We find no substance in this petition which is accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 939. ......made out calling for interference by this Court. We find no substance in this petition which is accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 939. ..

Category: Civil Law | Date: | Hits: 110

Administrator of Waqfs, Bangladesh and other Vs. Shah Mohammad Alinoor & others, 2009, 38 CLC (AD)

.... Court Division issued Rule and also stayed the operation of the said order and when the above writ petition was pending, the peti­tioner, again ignoring his appointment as Mutawalli, formed a seven member com­mittee and appointed the respondent No.1 as Mutawalli of the wakf estate and President o......rrect decision and there is no illegality or infir­mity in the above decision so as to call for interference. The petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 930.......rrect decision and there is no illegality or infir­mity in the above decision so as to call for interference. The petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 930...

Category: Trust/Waqf Law | Date: | Hits: 518