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Habib Bank Limited Vs. UAE Bangladesh Investment Company Limited and another, 1998, 27 CLC (HCD)

....arly the exhibits and the evidence of P.W.1 and D.W. 1 it appears that the amount was deposited with defendant No.1 in Dhaka, Bangladesh and those were subsequently deposited with the appellants with prior permission from Bangladesh Bank. In such a situation when the plaintiff is not getting back th......missed with costs. The judgment and decree passed by Adalat is hereby affirmed. Send down the lower Court records expeditiously. Ed. This case is also Reported in: 52 DLR (HCD) (2000) 25. ......missed with costs. The judgment and decree passed by Adalat is hereby affirmed. Send down the lower Court records expeditiously. Ed. This case is also Reported in: 52 DLR (HCD) (2000) 25. ..

Category: Banking Law | Date: | Hits: 136

Ataur Rahman Khan Vs. Md. Nasim and another, 1999, 28 CLC (HCD)

....rily rejected the application, the question of granting certificate does not arise and, as such, the prayer for certificate is refused. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 16. ......rily rejected the application, the question of granting certificate does not arise and, as such, the prayer for certificate is refused. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 16. ......tion of the People’s Republic of Bangladesh praying for drawing up a proceeding for committing contempt of Court against Mr. Mohammad Nasim, a Member of Parliament and the Minister in-charge of the Ministry of Home Affairs, Government Bangladesh, for the statements made by him as Member of Parliam..

Category: Criminal Law | Date: | Hits: 54

Bangladesh Legal Aid and Services Trust (BLAST) Vs. Bangladesh and Others, 1999, 28 CLC (HCD)

....It further appears from the secret file that the detention order was issued on 22nd December, 1998 but the same was withdrawn by the government on 29-12-98, vide memo No.4355 dated 29-12-98, that is, prior to the issuance of this Rule on 3rd January, 1999. 11. Initially, the petitioner filed that......a copy of this order to the home Ministry and IGP for their information and necessary action in the light of observations in the judgment. Ed. This Case is also Reported in: 4 BLC (1999), 600. ......ct. The petitioner thereupon prayed for payment of compensation and costs to the victim and his family. 4. The Rule has been contested by respondent No.1 Government, represented by the Secretary, Ministry of Home Affairs denying the allegation made in the application stating, inter alia, that th..

Category: Criminal Law | Date: | Hits: 106

Bashir Ahmed and others Vs. Ayub Ali Mollah, 1998, 27 CLC (HCD)

....ting the defendant tenant if he does not vacate the suit premises within 60 (sixty) days. Send down the lower Court record at once. Ed. This case is also Reported in: 52 DLR (HCD) (2000) 55. ......ting the defendant tenant if he does not vacate the suit premises within 60 (sixty) days. Send down the lower Court record at once. Ed. This case is also Reported in: 52 DLR (HCD) (2000) 55. ......ashir Ahmed and others………………Petitioners Vs. Ayub Ali Mollah………………………………Opposite Party Judgment February 25, 1998. Case Referred To- Ramijan Ali Ministry Vs. Md. Hedayetullah 31 DLR (AD) 183. Lawyers Involved: Md. Fazlul Karim, Advocateâ€..

Category: Tenancy Law | Date: | Hits: 148

Amzad Hossain Vs. State and another, 2009, 38 CLC (AD)

....e of the Metropolitan Additional Sessions Judge for disposal shall remain unaffected. Accordingly the leave petition is dismissed. Ed. This Case is also Reported in: 62 DLR (AD) (2010) 288. ......e of the Metropolitan Additional Sessions Judge for disposal shall remain unaffected. Accordingly the leave petition is dismissed. Ed. This Case is also Reported in: 62 DLR (AD) (2010) 288. ......inal Miscellaneous Case No.15466 of 2007, the High Court Division was pleased to transfer the case to the 1st Court of Metropolitan Additional Sessions Judge, Dhaka, for trial but in the meantime the Ministry of Home Affairs by gazette notification transferred the case to Druto Bichar Tribunal No. 3..

Category: Criminal Law | Date: | Hits: 34

BLAST Vs. Government of the People’s Republic of Bangladesh and others, 2007, 36 CLC (HCD)

.... With the above observations the Rule is disposed of without any order as to cost. Communicate the order at once. Ed. This Case is also Reported in: 13 BLC (2008) 384, 8 LG (2011) HCD 325....... With the above observations the Rule is disposed of without any order as to cost. Communicate the order at once. Ed. This Case is also Reported in: 13 BLC (2008) 384, 8 LG (2011) HCD 325.......West Bhashantek-1 SL No. 3 Dhamal Court, Mirpur, Dhaka. The Government undertook a scheme for rehabilitation of the residents of Bhashantek Basti and other Basti which were implemented jointly by the Ministry of Land and North South Property Development Limited (NSPDL) but the said scheme/project wa..

Category: Constitutional Law | Date: | Hits: 171

State Vs. Chief Editor, Manabjamin and others, 2002, 31 CLC (HCD)_Part Two

....that HM Ershad did not talk with the learned judge only after delivery of the judgment. The recorded talk establishes beyond doubt that HM Ershad was frequently talking with the learned judge even prior to the delivery of judgment for reduction of the sentence. The principle of law is that comm......ffice is directed to send a copy of this judgment to the Secretary, Law Commission, Dhaka, for perusal and necessary action. Ed. This Case is also Reported in: 57 DLR (2005) 359. Part One ......to advise the King through the Secretary of State of India. On the basis of the above advice the appointments were used to be made by the Crown. The above position continued in India till the Home Ministry issued a memo dated 4-11-1947 providing the procedure for appointment of High Court Judges..

Category: Criminal Law | Date: | Hits: 130

North South Property Development Ltd. Vs. Secretary, Ministry of Land and another, 1999, 28 CLC (HCD)

....n the above facts and circumstances we find no merit in this Rule. In the result, the Rule is discharged without any order as to cost. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 7.......n the above facts and circumstances we find no merit in this Rule. In the result, the Rule is discharged without any order as to cost. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 7.......urt Division (Special Original Jurisdiction) Present: Kazi Ebadul Hoque J Md. Muzammel Hossain J North South Property Development Ltd……………...Petitioner Vs. Secretary, Ministry of Land and another……………….Respondents Judgment May 17, 1999. Cases Re..

Category: Civil Law | Date: | Hits: 92

Abdus Sattar and others Vs. International Finance Investment and Commerce Bank Ltd., 1999, 28 CLC (HCD)

....-11-98 and the appeal was tendered on 15-2-99. The law provides that such deposit must be made within 30 days from the date of the decree. Sub-section (4) of section 7 provides that an appeal without prior deposit of the 50% of decretal amount cannot be entertained. So, it is clear that before tende......ot been tendered within the provision of section 7 of the Artha Rin Adalat Ain. The Petition of Appeal is therefore rejected summarily. Ed. This case is also Reported in: 52 DLR (HCD) (2000) 4. ......ot been tendered within the provision of section 7 of the Artha Rin Adalat Ain. The Petition of Appeal is therefore rejected summarily. Ed. This case is also Reported in: 52 DLR (HCD) (2000) 4. ..

Category: Banking Law | Date: | Hits: 108

Oram Limited Vs. Commissioner of Customs Excise and VAT Commissionerate, Dhaka, 2000, 29 CLC (HCD)

....uing his letters dated 7-7-1997 and 14-7-1997 the respondent No.3 has disregarded the fact that admittedly he received declaration of price on 1-7-1997 and that he has no legal authority to fix price prior to the date of declaration i.e. 1-7-1997 and that the direction dated 14-7-1997 given after 10......28,688.00 for the period from August, 1995 to May, 1997 are declared to have been made without lawful authority and are of no legal effect. Ed. This Case is also Reported in: 53 DLR (2001) 373. ......28,688.00 for the period from August, 1995 to May, 1997 are declared to have been made without lawful authority and are of no legal effect. Ed. This Case is also Reported in: 53 DLR (2001) 373. ..

Category: Fiscal/Taxation Law | Date: | Hits: 91

Meghna Petroleum Marketing Co. Ltd. and others Vs. MF Limited and others, 2001, 30 CLC (HCD)

....No.274 of 1980 stands dismissed. The parties are directed to bear their respective costs although. Sand down the LC Record immediately. Ed. This Case is also Reported in: 53 DLR (2001) 368.......No.274 of 1980 stands dismissed. The parties are directed to bear their respective costs although. Sand down the LC Record immediately. Ed. This Case is also Reported in: 53 DLR (2001) 368.......y gone through the findings and decisions of the learned lower court and we find that the learned lower court took final decision on octroi Rules basing 2(i) (f) as well as Exhibit 9 a letter of LGRD Ministry of the Peoples Republic of Bangladesh and also relied upon a letter dated 9-3-1979 of the D..

Category: Fiscal/Taxation Law | Date: | Hits: 91

Haji Nurul Islam Vs. Maina Miah and others, 2010, 39 CLC (AD)

....rder passed by the High Court Division and hence we do not find any merit in the leave petition. The petition is accordingly dismissed. Ed. This Case is also Reported in: VII ADC (2010) 620. ......rder passed by the High Court Division and hence we do not find any merit in the leave petition. The petition is accordingly dismissed. Ed. This Case is also Reported in: VII ADC (2010) 620. ......­ing before the licensing authority and on the application filed by Respondent No.7 a report was called for from the Deputy Commissioner, Sunamganj by the Senior Assistant Secretary of the concerned Ministry by a letter dated 10.04.2005. Thereafter the impugned letter dated 10.10.2005 was issued, n..

Category: Others | Date: | Hits: 74

Md. Mafiz and others Vs. Bangladesh, 2010, 39 CLC (AD)

.... involved in the case, in short, are that Patuakhali Thana premises P.D.S. Maidan and also to the north of District Council Road and the premises of the mar­ket stands up to Patuakhali river and the prior to the establishment of aforesaid K.D.D.B. new market the plaintiffs have operative their shop......ent and order dated 16.06.2008 recorded by the High Court Division in Civil Revision No. 2102 of 1995 is stayed till disposal of the appeal. Ed. This Case is also Reported in: VII ADC (2010) 598.......ent and order dated 16.06.2008 recorded by the High Court Division in Civil Revision No. 2102 of 1995 is stayed till disposal of the appeal. Ed. This Case is also Reported in: VII ADC (2010) 598...

Category: Property Law | Date: | Hits: 31

Surujit Bose (Raju) Vs. Bangladesh and others, 2010, 39 CLC (AD)

....he above, we find no sub­stance in the submissions of the learned Counsel for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VII ADC (2010) 552. ......AJUK approved the plan for construc­tion of multistoried commercial cum-residential building came to know from RAJUK that the respondent No.7 along with other 8 persons obtained approval of plan and clearance from RAJUK for construction of high rise building by submitting deed of other plots and th......he above, we find no sub­stance in the submissions of the learned Counsel for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VII ADC (2010) 552. ..

Category: Property Law | Date: | Hits: 23

Md. Rustom Ullah and others Vs. Md. Zomiruddin and others, 2009, 38 CLC (AD)

.... decision and there is no illegali­ty or infirmity in the above decision so as to call for any interference. The petition is dismissed. Ed. This Case is also Reported in: VII ADC (2010) 541....... decision and there is no illegali­ty or infirmity in the above decision so as to call for any interference. The petition is dismissed. Ed. This Case is also Reported in: VII ADC (2010) 541.......ated the decision of the union parishad and issued memo selecting Kamargaon village as the site for the union parishad office which, being without jurisdiction, subsequently on 2,1.9.88 the concerned Ministry issued a direction to establish the union parishad office at Nandipur village according to ..

Category: Civil Law | Date: | Hits: 72

Faustina Pereira Vs. State, 2001, 30 CLC (HCD)

.... the Human Rights and Fundamental Rights as guaranteed by the Constitution of the country. So, we are of the view that the Government should take steps for release of such prisoners at least 3 months prior to the date of their release so that such prisoners do not languish in jail for indefinite per......rs of the remaining 822 fore prisoners and also to report within seven days as what steps have been taken by this time for the release. Ed. This Case is also Reported in: 53 DLR (2001) (HCD) 414.......Justice was drawn to the fact that 29 prisoners of different countries were languishing in the jail for about 5(five) years even after serving out their sentence. The Rule as issued upon the relevant Ministry of the Government and we have heard the learned Deputy Attorney General and the learned Adv..

Category: Constitutional Law | Date: | Hits: 123

Advocate Md. Salahuddin Dolon Vs. Government of Bangladesh and Others, 2010, 39 CLC (HCD)

....pondent No.1, the Ministry of Education by a special messenger of this Court at the cost of the office. Syeda Afsar Jahan J. I agree Ed. This Case is also Reported in: 63 DLR (HD) (2011) 80. ......pondent No.1, the Ministry of Education by a special messenger of this Court at the cost of the office. Syeda Afsar Jahan J. I agree Ed. This Case is also Reported in: 63 DLR (HD) (2011) 80. ......so that the victim could not be subjected to any further harassment by this respondent. 27. In the light of the finding made above, the Rule is disposed of with the following direction: (1) The Ministry of Education, respondent No.1 is directed to ensure that the women working in different edu..

Category: Constitutional Law | Date: | Hits: 201

Gold Topps Co. Hong Kong and others Vs. Trading Corporation of Bangladesh and Another, 2000, 29 CLC (HCD)

.... Suit No. 22 of 1987 within three months from the date of receipt of this order. Communicate the order to the learned Court below at once. Ed. This Case is also Reported in: 53 DLR (2001) 280.......ng all risks, the ship arrived at the Outer Anchorage of Chittagong Port on 11-1-74, and it discharged its cargo mainly by lighters upto 1-3-74. Sadat Trading Corporation, was appointed for arranging clearance of the consignment from the Chittagong Port who accordingly, arranged for the clearance bu...... Suit No. 22 of 1987 within three months from the date of receipt of this order. Communicate the order to the learned Court below at once. Ed. This Case is also Reported in: 53 DLR (2001) 280...

Category: Civil Law | Date: | Hits: 91

Khandakar (Md.) Shahjahan Vs. Md. Atiar Rahman Monshi & others, 2000, 29 CLC (HCD)

.... 13. Election Tribunal by Judgment and order dated 2-8-1999 dismissed Election Petition. In recording dismissal Election Tribunal found that preparation of Electoral Roll and exclusion were matters prior to election and are not election concerned matters. Tribunal found that it was not at all esta......act circumstances of the case I direct the parties to bear their respective costs. Lower Court’s record be sent immediately as possible. Ed. This Case is also Reported in: 53 DLR (2001) 275.......act circumstances of the case I direct the parties to bear their respective costs. Lower Court’s record be sent immediately as possible. Ed. This Case is also Reported in: 53 DLR (2001) 275...

Category: Election Law | Date: | Hits: 89

Fazlur Rahman & 38 others Vs. Government of Bangladesh and others, 1999, 28 CLC (HCD)

....h law and rules and has appointed the respondent No.4 as the Nikah Registrar for those area. The petitioner being an agent entitling himself to the commission was not entitled t any show cause notice prior to curtailment of the area from his original area. 8. The petitioner in Writ Petition No.25......e Rules are discharged without any order as to costs. The order of stay granted by this court earlier the above Rules, are hereby vacated. Ed. This Case is also Reported in: 53 DLR (2001) 237.......; 38 others……..Petitioners Vs. Government of Bangladesh and others…………….Respondents Judgment March 22, 1999. Cases Referred To- Kazi Md Amirul Islam Vs. Secretary, Ministry of Law, Justice and Parliamentary Affairs Bangladesh and others 16 BLD (AD)110 ; Mostafa Ka..

Category: Constitutional Law | Date: | Hits: 109