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Selimuzzaman @ Selim and others Vs. Deputy Commissioner, Sar­iatpur, District Sariatpur and others, 1992, 21 CLC (HCD)

....ce the decree for permanent injunction passed in Title Suit No.27 of 1987, within two weeks from date of receipt of the notice of the Executing Court, failing which the Inspector‑General of Police, Bangladesh, Dhaka and the Superintendent of Police, Shariatpur shall get the aforesaid three defenda......ction given above the learned Assistant Judge, Naria, shall report compliance to the Registrar, Supreme Court of Bangladesh, Dhaka. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 545.......passed by the learned Assistant Judge, Naria, District Sariatpur, dismissing the Title Execution Case No.23 of 1989 should not be set aside. 2. The following facts require special consideration for the purpose of disposal of this Rule. The plaintiffs instituted Title Suit No.27 of 1987 in the ......ction given above the learned Assistant Judge, Naria, shall report compliance to the Registrar, Supreme Court of Bangladesh, Dhaka. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 545...

Category: Property Law | Date: | Hits: 123

Shewe Hla Prue TK Vs. Commissioner, Chittagong Division, Chittagong and others, 1992, 21 CLC (HCD)

....agong Division, Chittagong and others………………Respondents Judgment May 4, 1992. Result: The Rule is made absolute. Case Referred to- Dr. Nurul Islam Vs. Bangladesh represented by the Secretary, Ministry of Health and Population Control and others, 33 DL......ithout lawful authority and to be of no legal effect. In the result, the Rule is made absolute without any order as to costs. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 539....... Tracts. He was also, appointed as Regular Headmen of Naithong Mouza by an order contained in Memo No.340/(5)/T. dated 18.1.77 issued by the Deputy Commissioner Chittagong Hill Tracts. Copies of the aforesaid orders of appointment are annexed to the petition and marked as Annexure B and B‑1. The p......ithout lawful authority and to be of no legal effect. In the result, the Rule is made absolute without any order as to costs. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 539...

Category: Others | Date: | Hits: 171

Ator Ali and others Vs. State, 1989, 18 CLC (HCD)

....iar Mia and the non‑appealing convict Siddique should be set at liberty forthwith, if not wanted in connection with any other case. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 478. ......iar Mia and the non‑appealing convict Siddique should be set at liberty forthwith, if not wanted in connection with any other case. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 478. ......Ator Ali, Mushuri, Siddik, Jilani, Abdul Ali, Piar Mia and Mukkya have been convicted under sections 302/34 of the Penal Code read with Special Powers Act, 1974 and sentenced to suffer transportation for life by the Additional Sessions Judge, Kishoreganj. Mofizuddin @ Mukkya was tried in absentia an......iar Mia and the non‑appealing convict Siddique should be set at liberty forthwith, if not wanted in connection with any other case. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 478. ..

Category: Criminal Law | Date: | Hits: 145

Padmabati Biswas Vs. Banglasdesh and others, 1992, 21 CLC (HCD)

.... Vs. Mudan Mohan Thakur, 13 MIA 467 PC. Makku Mia & others Vs. Ali Rossain Bhuiyan and others, BCR 1984 (AD) 60; Jafar Ali & others Vs. Sadek All & others, BCR 1985 (AD) 29; Government of Bangladesh Vs. A Wahed Miter & others, BLD 1990. Lawyers Involved: Khondker Mahbubuddin Ah......on contest against respondent No.1 and ex parte against the rest. Considering the circumstances there shall be no order as to costs. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 465. ......d 19.4.62 passed by the Subordinate Judge, Khulna in Title Suit No 5 of 1959. 2. Collector of Khulna on 16.5.59 made a reference to the Alluvial Lands Act, 1920 stating that some island chars were formed in the bed of the river Kazibacha in Mouza Tetultala within PS Batiaghata in the District of ......on contest against respondent No.1 and ex parte against the rest. Considering the circumstances there shall be no order as to costs. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 465. ..

Category: Property Law | Date: | Hits: 118

Mrs. Nafiza Mariam Vs. State, 1985, 14 CLC (HCD)

....ing upon the Deputy Commissioner, Dhaka to show cause as to why the detenue should not be brought up before the Court to be dealt with according to law. The Rule is being opposed by the Government of Bangladesh. 2. Mr. Muhammad Korban Ali, learned Advocate appearing for the petitioner has taken u......zlul Huda must be and is directed to be released forthwith. The rule is accordingly made absolute. Abdul Bari Sarker J. - I agree. Ed. This Case is also Reported in: 39 DLR (HCD) (1987) 50. ...... Nafiza Mariam, wife of detenue Major (Retd.) Bazlul Huda under section 491 CrPC, was issued calling upon the Deputy Commissioner, Dhaka to show cause as to why the detenue should not be brought up before the Court to be dealt with according to law. The Rule is being opposed by the Government of Ban......zlul Huda must be and is directed to be released forthwith. The rule is accordingly made absolute. Abdul Bari Sarker J. - I agree. Ed. This Case is also Reported in: 39 DLR (HCD) (1987) 50. ..

Category: Criminal Law | Date: | Hits: 116

Chairman, Chittagong Port Autho­rity, Chittagong Vs. Kalipada Dey & others, 1986, 15 CLC (HCD)

....ipada Dey & others.................................................................Respondents Judgment September 11, 1986. Result: The Rule is made absolute. Cases Referred to- Bangladesh Fishermen’s Cooperative Society Ltd. Vs. The Chairman, Labour Court, Chittagong, 27 DLR........................................................Respondents Judgment September 11, 1986. Result: The Rule is made absolute. Cases Referred to- Bangladesh Fishermen’s Cooperative Society Ltd. Vs. The Chairman, Labour Court, Chittagong, 27 DLR (1975) 367; Khulna Tobacco Industrie......nt Traffic Inspectors. 3. The case of the respondent Nos.1-7 who were the petitioners in the I.R.O. case was that they were workers under the present petitioner and were selected in order of merit for appointment to the post of Assistant Traffic Inspector by letter dated 05.06.1983 and their join......t, the Rule is made absolute without any order as to costs and the impu­gned order is set aside. Mohammed Abdur Rouf J. - I agree. Ed. This Case is also Reported in: 39 DLR (HCD) (1987) 39. ..

Category: Labour and Industrial Law | Date: | Hits: 204

Wing Commander M Hamidullah Khan Bir Protik Vs. Bangladesh and others, 2011, 40 CLC (HCD)

....ivision (Special Original Jurisdiction) Present: Md. Anwarul Haque J SAK Md. Dabirush Shan J Wing Commander M Hamidullah Khan Bir Protik………………………Petitioner Vs. Bangladesh and others………………………..Respondents Judgment November 2, 2010. Fe...... against the petitioner, if he is so advised. In the facts and circumstances above, the instant writ petition is rejected summarily. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 491.......olved: AKM Fakhrul Islam, Advocate - For the Petitioner Abdus Salam Mondal, Deputy Attorney General with Amatun Karim, Assistant Attorney General - For Respondents. Siddiqur Rahman Advocate for AKM Fakhrul Islam, Advocate - For the Petitioner. Mahbubey Alam, Attorney-General with Murad ...... against the petitioner, if he is so advised. In the facts and circumstances above, the instant writ petition is rejected summarily. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 491...

Category: Constitutional Law | Date: | Hits: 314

Babu Khan Vs. State, 2003, 32 CLC (HCD)

....dgment June 30, 2003. Result: The petition is dispose of. Cases Referred to- State Vs. Imdad Ali Bepary, 36 DLR 333; Mobarak Ali (Md.) alias Mobarak Ali Mondal Vs. People's Republic of Bangladesh, represented by the Secretary, Ministry of Home Affairs, 50 DLR 10. Lawyers Involved: ......ial Court. Send down the Lower Court Records at once. The trial Court is directed to dispose of the case with utmost expedition. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 547.......33; Mobarak Ali (Md.) alias Mobarak Ali Mondal Vs. People's Republic of Bangladesh, represented by the Secretary, Ministry of Home Affairs, 50 DLR 10. Lawyers Involved: Md. Ashraf-uz-Zaman Khan for Md. Rezaul Haque, Advocate—For the Appellant. Golam Kibria, Deputy Attorney-General with Md......ial Court. Send down the Lower Court Records at once. The trial Court is directed to dispose of the case with utmost expedition. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 547...

Category: Criminal Law | Date: | Hits: 123

Principal, Barguna Darul Ulum Nesaria Alia Madrasha Vs. Secretary, Ministry of Health and others, 2002, 31 CLC (HCD)

....…………………………………Opposite Parties Judgment January 30, 2002. Result: The Rule is made absolute. Cases Referred to- Abdul Jalil and others Vs. Islamic Bank of Bangladesh Ltd. and others, 53 DLR 9; Burmah Eastern Ltd. Vs. Burmah Eastern Employees Union and oth......py of this judgment and order be communicated to the learned Senior Assistant Judge, Barguna for his information and necessary action. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 542.......etitioner, the Additional Deputy Commissioner (Revenue), Barguna, the Deputy Commissioner, Barguna, the Assistant Commissioner (Land) Barguna, the Secretary, Ministry of Land and the Chairman, Land Reforms Board, were impleaded in the said Title Suit No.55 of 1997 as the defendants. The Principal, B......py of this judgment and order be communicated to the learned Senior Assistant Judge, Barguna for his information and necessary action. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 542...

Category: Procedural Law | Date: | Hits: 146

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

....ppellate Division (Civil) Present: Md. Muzammel Hossain CJ Surendra Kumar Sinha J Md. Abdul Wahhab Miah J Nazmun Ara Sultana J Muhammad Imman Ali J The Director General, Bangladesh Railway and others……….Petitioners Vs. Niaz Mohammad Ali and others.................ration of Bangladesh Railway”. Security of Tk. 1000/- is to be deposited within 1 (one) month. Preparation of paper book, as prayed for, is dispensed with. This Case is also Reported in: ......yers Involved: Shaheed Alam, Advocate, instructed by Syed Mahbubor Rahman, Advocate-on-Record-For the Petitioners. Nurul Islam Bhuiyan, Advocate-on-Record-For the Respondents. Civil Petition for Leave to Appeal No. 1166 of 2010. (From the judgment and order dated 6th August, 2009 passed ......ration of Bangladesh Railway”. Security of Tk. 1000/- is to be deposited within 1 (one) month. Preparation of paper book, as prayed for, is dispensed with. This Case is also Reported in: ..

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

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

....tion of title in the suit land reiterating the same statement as made above and claiming title on the strength of Exchange Deed dated 29.02.1984. 4. The defendant Nos.1 and 2, the Government of Bangladesh represented by the Additional Deputy Commissioner (Revenue) and the Deputy Commissioner, ......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:......ik-Al-Jalil, Deputy Attorney General, instructed by Mrs. Sufia Khatun, Advocate-on-Record- For the Petitioners Syed Mahbubur Rahman, Advocate-on-Record-For the Respondents Civil Petition for Leave to Appeal No. 249 of 2011. (From the judgment and order dated 7th November, 2010 pas......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)

....efendant-Appellants Vs. Abdur Rashid Chowdhury and others................Respondents Judgment May 10, 2011. Result: The appeal is allowed. Cases Referred to- Alauddin Khan Vs. Bangladesh represented by the Ministry of Housing and Public Works, 14 BLC 831; Nawshed Chowdhury Vs......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.......is allowed. 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 Banglades......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

Shahidul Islam Vs. State and another, 2011, 40 CLC (HCD)

....at the accused took a loan of Taka 3,00,000 (three lakh only) from the complainant for his busi­ness purpose. On demand of the said loan, the accused gave him a cheque dated 30-5-2006 of Islami Bank Bangladesh Limited, Chiringa Branch for Taka 2,00,000 (Two lakh only) and another cheque dated 31-5-......Case No.124 of 2007 is hereby affirmed. The order of stay passed at the time of issuance of the Rule is hereby recalled and vacat­ed. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 471. ......titioner under section 138 of the Negotiable Instruments Act should not be set aside and/or such other or further order or orders passed as to this Court may seem fit and proper. 2. Relevant facts for disposal of the Rule are that the opposite party No.2 as complainant filed a petition of complai......Case No.124 of 2007 is hereby affirmed. The order of stay passed at the time of issuance of the Rule is hereby recalled and vacat­ed. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 471. ..

Category: Procedural Law | Date: | Hits: 114

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

....me Court High Court Division (Special Original Jurisdiction) Present: Bijan Kumar Das J Faruque Ahmed J Javed Alam (Md.).........................................Petitioner Vs. Bangladesh and others..................................Respondents Judgment March 4, 2001. ...... 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. ......ession of the case property treating the same as abandoned property. Since the property does not answer to the description of abandoned property, the government is required to take all possible steps for restoration of possession of the case property to the petitioner.............................(5)...... 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

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

....ion) 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 May 10, 2001. Result: The Ru......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. ......n Shaheen, Deputy Attorney-General—For Respondent Nos.1 to 3. Writ Petition No. 5885 of 2000. Judgment MA Aziz J.—Under challenge in this Rule is the processing of the award of Contract for Construction of 415 meter long pre-stressed concrete girder bridge over river Sitalakhya on Jo......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

Rowshan Ara Begum and others Vs. Doctor's Chemical Works Ltd. & others, 1991, 20 CLC (HCD)

....lotted in favour of respondent Nos.2, 3 and 4 and the returns thereof are also illegal and Void and as such they are cancelled. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 371. ......lotted in favour of respondent Nos.2, 3 and 4 and the returns thereof are also illegal and Void and as such they are cancelled. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 371. ......h Serajur Rahman, Advocates ‑For the Respondents. Company Matter No. 47 of 1990. Judgment Md. Mozammel Hoque J.- This is an application under section 38 of the Companies Act, 1913 for rectification of share register of respondent No.1 Company, namely, Doctor's Chemical Works Limi......lotted in favour of respondent Nos.2, 3 and 4 and the returns thereof are also illegal and Void and as such they are cancelled. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 371. ..

Category: Company Law | Date: | Hits: 225

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

.... (Special Original Jurisdiction) Present: Md. Abdul Jalil J Naimuddin Ahmed J Hasina Karim…………………….Petitioner. Vs. The People's Republic of Bangladesh, represented by the Secretary, Ministry of Home Affairs, Secretariat Building, Dhaka and ...... 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. ......sons, Dhaka Central Jail and Deputy Inspector General of Prisons, Rajshahi Central Jail, to show cause why they shall not be directed to produce the detenu Begum Momata Wahab, wife of Mr. MA Wahab, before this court so that this Court may satisfy itself that the said detenue is not being hold in cus...... 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)

....1998) 357. ......tioners vide Annexure-Z(3) of the writ petition. Considering the facts and circumstances of the case, we pass no order as to cost. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 357. ......owdhury, Advocate - For added-Respondent Nos. 11-14. Writ Petition No. 3025 of 1996 with Writ Petition Nos. 3026-3029, 3191 and 3192 of 1996. Judgment Md. Mozammel Hoque J.- All the aforesaid seven writ petitions were heard together in view of the fact that identical question of fac......tioners vide Annexure-Z(3) of the writ petition. Considering the facts and circumstances of the case, we pass no order as to cost. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 357. ..

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

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

....r the Respondent No.2. Writ Petition No.10 of 1985. Judgment Mustafa Kamal J. - This Rule obtained under the revived Article 102 (2) of the suspended Constitution of the People's Republic of Bangladesh under the Constitution (Partial Revival) (Second) Order 1985 read with the Proclamation O......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. ...... 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 clear­ance certificate to respondent No.1, the De­puty Commissioner of Taxes, Taxes C......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)

..../s. Shahbaz International, Topkhana Road, Dhaka and proposed to do joint business in N.O.C. Visa with him. Complainant in good faith bel­ieved the statement of the accused and said that returning to Bangladesh in consultation with his relations he would take a decision to do the business of N.O.C.-......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. ......ni P.S. Gulshan, Dhaka and 41/1, Dilu Road, P.S. Ramna, Dhaka became known to the complainant in Qatar City in course of business. The complainant used to carry on business 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.......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