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Shafiqur Rahman and others Vs. Nurul Islam Chow­dhury and others, 1982, 11 CLC (AD)

....t harshness of treatment which has resulted in some injury to public interest or undue hardship to individuals." This is a part of the observations made by the Law Reform Commission set up by the Government of Pakistan in 1967. 23. The question of enlarging the revisional jurisdiction of the ......cessary to make any further observation in this regard. Order of the Court. By the majority judgments, the appeal is dismissed. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 127. ......cessary to make any further observation in this regard. Order of the Court. By the majority judgments, the appeal is dismissed. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 127. ..

Category: Others | Date: | Hits: 135

Abu Saber Aziz Mohammad and others Vs. Government of Bangladesh and others, 1976, 5 CLC (AD)

....Civil) Present: Syed AB Mahmud Hussain CJ Ahsanuddin Chowdhury J Debesh Chandra Bhattacharya J Fazle Munim J Abu Saber Aziz Mohammad and others………………Appellants Vs. Government of Bangladesh and others…………………Respondents Judgment March 25, 1976.......manded to the trial Court for disposal in the light of the observa­tion made above. There will be no order as to costs in this appeal. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 218.......manded to the trial Court for disposal in the light of the observa­tion made above. There will be no order as to costs in this appeal. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 218...

Category: Property Law | Date: | Hits: 75

Abdul Mannan and others Vs. Kulada Ranjan Mowali and others, 1977, 6 CLC (AD)

....e plaintiff's on the basis of a Kabuliyat at a rental of Tk. 75. After the rent receiving interests of the previous landlords had been acquired under the State Acquisi­tion and Tenancy Act, 1950 the Government has stepped into the shoes of the previous landlords and the plaintiffs have become ten­...... auc­tion by the landlords, in execution of a decree for rent obtained by them and were then settled in 1344-45 B.S. with the predecessors of some of the plaintiff's on the basis of a Kabuliyat at a rental of Tk. 75. After the rent receiving interests of the previous landlords had been acquired und......urt fees payable on the Memorandum of Appeal so treated within six months from the date of the arrival of the records in the High Court. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 195...

Category: Property Law | Date: | Hits: 133

Salahuddin Ahmed Vs. State, 2009, 38 CLC (HCD)

....trusted to deal with the relief materials, rather the local authority for allotment and distribution of those relief materials were responsible for misappropriation, if any. He submits that the local Government officials were in fact entrusted with the responsibility of giving allotment and distribu......t of this Judgment by the lower Court, and pray for regular bail. Send a copy of the Judgment and order to the Court below at once. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 351.......t of this Judgment by the lower Court, and pray for regular bail. Send a copy of the Judgment and order to the Court below at once. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 351...

Category: Criminal Law | Date: | Hits: 61

Jahangir Alam Chowdhury (Md.) Vs. Zabun Nahar Chowdhurani and other, 2008, 37 CLC (HCD)

....d at BCS examination of Health Cadre and qualified himself and also subsequently passed FCPS in eye. As an eye specialist he earned good reputation at home and abroad. He went to Saudi Arabia through Government and served there for a long time with the satisfaction of the authority by high paid sala......is Court at the time of issuance of the Rule is hereby vacated. Lower Courts record be sent down at once with a copy of the Judgment. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 322. ......is Court at the time of issuance of the Rule is hereby vacated. Lower Courts record be sent down at once with a copy of the Judgment. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 322. ..

Category: Family Law | Date: | Hits: 167

Khalil @ Khalilur Rahman and others Vs. State, 2008, 37 CLC (HCD)

....tion and sentence is affirmed and he will get benefit of section 35A of the Code of Criminal Procedure. Send down the LCR at once. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 309. ......ments were obtained through torture and coercion and that they did not confess voluntarily. 28. P.W.9, Mustafizur Rahman, deposed that he carries on rice business taking the godown of Azimuddin on rental basis. 29. When he deposed that police did not seize any rice from his godown, this witnes......tion and sentence is affirmed and he will get benefit of section 35A of the Code of Criminal Procedure. Send down the LCR at once. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 309. ..

Category: Criminal Law | Date: | Hits: 116

Human Rights and Peace for Bangladesh (HRPB) and others Vs. Government of Bangladesh and others, 2009, 38 CLC (HCD)

.... (Special Original Jurisdiction) Present: Syed Mahmud Hossain J Quamrul Islam Siddiqui J Human Rights and Peace for Bangladesh (HRPB) and others..................Petitioners Vs. Government of Bangladesh and others.........................................Respondents Judgment...... to the office of the Prime Minister and the Ministry of Disaster Management by a special messenger of this Court as soon as possible. Ed. This Case is also Reported in: 63 DLR (HD) (2011) 71. ...... to the office of the Prime Minister and the Ministry of Disaster Management by a special messenger of this Court as soon as possible. Ed. This Case is also Reported in: 63 DLR (HD) (2011) 71. ..

Category: Constitutional Law | Date: | Hits: 211

Bangladesh Freedom Fighters' Welfare Trust and others Vs. Joint District Judge and Artha Rin Adalat & another, 2004, 33 CLC (HCD)

....de without lawful authority and is of no legal effect. 2. The facts as stated in the writ petition are that, the petitioner No. 1 Bangladesh Freedom Fighters' Welfare Trust, was established by the Government of the People's Republic of Bangladesh and the petitioner Nos. 2‑5 are the officers of ......udgment and decree dated 14‑5‑02 is without jurisdiction. The result is that the Rule is made absolute without any order as to cost. Ed. This Case is also Reported in: 56 DLR (2004) 641. ......s have become the shareholders of defendant No. 5 and the defendants jointly enjoyed the credit facilities of the bank and executed the security papers and they are liable to pay the said outstanding dues with interest. 3. The defendant Nos. 1‑4 filed joint written statement to contest the suit..

Category: Property Law | Date: | Hits: 173

Hanif Shaikh (Md) Vs. Government of Bangla­desh and others, 2004, 33 CLC (HCD)

....me Court High Court Division (Special Original Jurisdiction) Present: SAN Mominur Rahman J Zubayer Rahman Chowdhury J Hanif Shaikh (Md) ........................Petitioner Vs. Government of Bangla­desh and others ..................Respondents Judgment May 26, 2004. ......nced by Annexure E to the writ petition, is hereby declared to have been passed and issued without lawful authority and of no legal effect. Ed. This Case is also Reported in: 56 DLR (2004) 645. ......nced by Annexure E to the writ petition, is hereby declared to have been passed and issued without lawful authority and of no legal effect. Ed. This Case is also Reported in: 56 DLR (2004) 645. ..

Category: Information Technology Law | Date: | Hits: 282

AKM Abdullah Harun Vs. Additional District Judge and others, 2001, 30 CLC (HCD)

....t Judge. Section 8 of the Civil Court Act (Act XII of 1887) provides that "(1) when the business pending before any District Judge requires the aid of Additional Judges for its speedy dispos­al, the Government may, having consulted the High Court Division, appoint such Additional Judges as may be r......examination is hardly possible under the writ jurisdiction. In view of the above, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 56 DLR (2004) 654. ......examination is hardly possible under the writ jurisdiction. In view of the above, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 56 DLR (2004) 654. ..

Category: Trust/Waqf Law | Date: | Hits: 153

Zahidul Hasan (Md) and others Vs. State, 2004, 33 CLC (HCD)

....habitants of District Sylhet residing at London used to send money by illegal way without sending the foreign currency through bank and, as such, hindrance is created to earn foreign currency for the Government. The car driver stated that in lieu of Taka 250 as rent he went to Upashahar in the house......ed. The Deputy Commissioner, Sylhet is directed to make arrangement to return the money. Communicate the order to the Courts below at once. Ed. This Case is also Reported in: 56 DLR (2004) 630. ......ed. The Deputy Commissioner, Sylhet is directed to make arrangement to return the money. Communicate the order to the Courts below at once. Ed. This Case is also Reported in: 56 DLR (2004) 630. ..

Category: Criminal Law | Date: | Hits: 70

Chairman, Uttara Manage­ment Ltd. and others Vs. Chairman, Labour Court, Rajshahi and another, 2004, 33 CLC (HCD)

....ing, inter alia, that he joined Aziz Match Factory in 1963 as a Box Filler and was made permanent in the said post in 1965. After liberation of Bangladesh the said establishment was taken over by the Government of Bangladesh as an abandoned industry. The petitioner was promoted to the post of Checke......excess of its jurisdiction. Therefore, there is no merit in this Rule. The Rule is accordingly, discharged without any order as to cost. Ed. This Case is also Reported in: 56 DLR (2004) 627. ......excess of its jurisdiction. Therefore, there is no merit in this Rule. The Rule is accordingly, discharged without any order as to cost. Ed. This Case is also Reported in: 56 DLR (2004) 627. ..

Category: Labour and Industrial Law | Date: | Hits: 188

Wazir Jahan Begum and another Vs. Government of Bangla­desh and others, 2003, 32 CLC (HCD)

.... High Court Division (Special Original Jurisdiction) Present: Md. Abdul Matin J Syed Muhammad Dastagir Husain J Wazir Jahan Begum and another…………………Petitioner Vs. Government of Bangla­desh and others ............Respondents Judgment October 27, 2003. Re......a Akhtar & others reported in 49 DLR (AD) 80. In view of our observations and findings as above this Rule is made absolute with costs. Ed. This Case is also Reported in: 56 DLR (2004) 621.......a Akhtar & others reported in 49 DLR (AD) 80. In view of our observations and findings as above this Rule is made absolute with costs. Ed. This Case is also Reported in: 56 DLR (2004) 621...

Category: Civil Law | Date: | Hits: 81

BIVAC International SA and another Vs. National Board of Revenue and others, 2010, 39 CLC (HCD)

....said advertisement the petitioner submitted its Expression of Interest for Appointment of PSI Agency to the Member (Customs) National Board of Revenue. Thereafter the petitioners were informed by the Government of Bangladesh by its letter dated 19-6-2008 that it has been short-listed for sending req......t without any order at to cost. The order of direction given at the time of issuance of the Rule by this Division is hereby recalled. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 284. ......t without any order at to cost. The order of direction given at the time of issuance of the Rule by this Division is hereby recalled. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 284. ..

Category: Fiscal/Taxation Law | Date: | Hits: 152

Abdus Salam Laskar Vs. Bangladesh and others, 2012, 41 CLC (HCD)

....t the suit land in his share by an amicable settlement between the said heirs of late Taiyb Laskar. During S. A. and R. S. operation, the suit land was wrongly recorded as a khash land in the name of Government. The Government-officials took initiative to lease out the suit land and for that purpose...... result, the Rule is discharged. The order of status quo passed earlier at the time of issuance of the Rule is vacated. Communicate a copy of the judgment. Ed. This Case is also Reported in: ...... result, the Rule is discharged. The order of status quo passed earlier at the time of issuance of the Rule is vacated. Communicate a copy of the judgment. Ed. This Case is also Reported in: ..

Category: Property Law | Date: | Hits: 78

AKM Waliullah and others Vs. Secretary, Ministry of Housing and Public Works and others, 2011, 40 CLC (HCD)

....passed by the Joint District Judge, Second Court, Dhaka rejecting the plaint in Title Suit No.89 of 2003. The suit was instituted for declaration of title and perpetual injunction for restraining the Government-officials from disturbing the plaintiffs’ peaceful possession on the suit property and ....... The connected Civil Rule is also discharged and the stay granted therein is vacated. Send down the lower Court’s record. Faruque Ahmed J.- I agree. Ed. This Case is also Reported in: ....... The connected Civil Rule is also discharged and the stay granted therein is vacated. Send down the lower Court’s record. Faruque Ahmed J.- I agree. Ed. This Case is also Reported in: ..

Category: Property Law | Date: | Hits: 78

Govt. of Bangladesh & another Vs. M/S Mashriqul Textiles and others, 1982, 11 CLC (AD)

....ision the learned Single Judge held that the provision for stay of the pro­ceedings of a suit as laid down in section 34 of the Arbitration Act would not apply to this case. 2. Appellants are the Government of Bangladesh represented by the Secretary, Ministry of Commerce, and they are defendant ...... parties agreed upon his appointment in the agreement. In the result, the appeal is dismissed without, however, any order to costs. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 123. ......of liberation the contract was frustrated. They accordingly made an application to the defendant that they should be relieved from the obligation under the contract subject to payment of proportional dues on account of the goods already supplied and further prayed that their Bank Guarantee should no..

Category: Alternative Dispute Resolution | Date: | Hits: 238

Samerendra Samajpati and others Vs. Government of the People’s Republic of Bangladesh, 2012, 41 CLC (AD)

....ah J Syed Mahmud Hossain J Muhammad Imman Ali J Md. Shamsul Huda J Samerendra Samajpati and others…………………………………………………………Petitioners Vs. Government of the People’s Republic of Bangladesh and others………….Respondents Judgment ......r of the High Court Division. We do not find any merit in the leave petition. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: ......tan Mahmud, by the side of the Railway Track, from the Bangladesh Railway and was granted license on 28.10.1980 in respect of .91 acre of land for the period 14.04.1980 to 13.04.1981. Upon paying the dues he got possession of the land. Thereafter, the license was renewed from time to time. But subse..

Category: Property Law | Date: | Hits: 69

Biman Bangladesh Airlines Limited and others Vs. Md. Moniruzzaman and others, 2011, 40 CLC (AD)

....thers.........Appellants Vs. Md. Moniruzzaman and others...............Respondents Judgment December 1, 2011. Result: The appeal is allowed. Case Referred to- Aleka Khatun Vs. Government of Bangladesh, 61 DLR 693. Lawyers Involved: Zainul Abedin, Advocate-on-Record-For ......service benefit from the date of passing the judgment and order by the High Court Division on 18-3-2010 in writ petition No.4480 of 2009. Ed. This Case is also Reported in: 17 BLC (AD) (2012) 56.......service benefit from the date of passing the judgment and order by the High Court Division on 18-3-2010 in writ petition No.4480 of 2009. Ed. This Case is also Reported in: 17 BLC (AD) (2012) 56...

Category: Employment/Service Law | Date: | Hits: 111

Government of Bangladesh and others Vs. Abdul Motaleb & others, 2011, 40 CLC (HCD)

....ion (Civil) Present: Surendra Rumar Sinha J MA Wahhab Miah J Nazmun Ara Sultana J Syed Mahmud Hossain J Md. Imman Ali J Md. Mamtaz Uddin Ahmed J Md. Shamsul Huda J Government of Bangladesh and others.........Appellants (In all the appeals) Vs. Abdul Motaleb ...... based on proper appreciation of laws and facts. Accordingly, all the 3 (three) appeals are dismissed without any order as to costs. Ed. This Case is also Reported in: 17 BLC (AD) (2012) 50. ...... based on proper appreciation of laws and facts. Accordingly, all the 3 (three) appeals are dismissed without any order as to costs. Ed. This Case is also Reported in: 17 BLC (AD) (2012) 50. ..

Category: Property Law | Date: | Hits: 67