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

.... should be treated as public interest lit­igation. 3. On 26-7-2008, an earthquake of moderate magnitude occurred in different parts of Bangladesh and as result, 15 students of different halls of Dhaka University came out of their halls because of panic. During the earthquake, 15 students of Jas......s also Reported in: 63 DLR (HD) (2011) 71. ......ision (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 ...... 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

Momena Khatun and oth­ers Vs. Hussain Fabrics Ltd. and others, 2010, 39 CLC (HCD)

.... of 2007. Judgment Sharifuddin Chaklader J. - This appeal by the plaintiffs, directed against Judgment and Decree dated 19-6-2007 passed by the learned Joint District Judge, Arbitration Adalat, Dhaka dismissing Title Suit No.102 of 2004 for Specific Performance of Contract. 2. Appellants wh......se is also Reported in: 63 DLR (HD) (2011) 66....... High Court Division (Civil Appellate Jurisdiction) Present: Sharifuddin Chaklader J Md. Shawkat Hossain J Momena Khatun and oth­ers...................................Appellants Vs. Hussain Fabrics Ltd. and others............................Respondents Judgment May 31,......lier at the time of issuance of rule is here by vacated. Communicate this order at once. Sent down the lower Court records at once. Ed. This Case is also Reported in: 63 DLR (HD) (2011) 66...

Category: Property Law | Date: | Hits: 78

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

....ficers of the petitioner No.1 Trust. The respondent No. 2 Janata Bank, Local Office as plaintiff instituted Title Suit No. 165 of 2001 in the Court of the Subordinate Judge and Artha Rin Adalat No.1, Dhaka for realisation of Taka 8,64,87,775 as on 30‑6‑01 by selling the mortgaged property implea......rted in: 56 DLR (2004) 641. ...... Court High Court Division (Special Original Jurisdiction) Present: Md. Awlad Ali J Mir Hashmat Ali J Bangladesh Freedom Fighters' Welfare Trust and others...........Petitioners Vs. Joint District Judge and Artha Rin Adalat & another...............Respondents Judgment......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. ..

Category: Property Law | Date: | Hits: 173

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

....er as per section 2(v)(ii) of the Employment of Labour (Standing Orders) Act, 1965, and further claimed that both the Chairman and the Managing Director of Uttara Management Ltd. have their office at Dhaka at GK Bhaban, 8th Floor, 30, VIP Road, Kakrail, Dhaka and, as such, the complaint case comes w......lso Reported in: 56 DLR (2004) 627. ......upreme Court High Court Division (Special Original Jurisdiction) Present: Md. Awlad Ali J Mir Hashmat Ali J Chairman, Uttara Manage­ment Ltd. and others.............Petitioners Vs. Chairman, Labour Court, Rajshahi and another...................Respondents Judgment Aug......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

Tareq Shamsul Khan alias Himu & others Vs. State, 2004, 33 CLC (HCD)

.... accused petitioner Tareq Shamsul Khan alias Himu and three others, calling upon the opposite party to show cause as to why the order, dated 6‑2‑2003 passed by the Judge of Druta Bichar Tribunal, Dhaka Division, Dhaka, in Druta Bichar Tribunal Case No. 1 of 2003 arising out of Motijheel PS Case ......– Counter affidavit on behalf of the opposite party State filed in Court may be kept with the record. 2. This Rule was issued, at the instance of accused petitioner Tareq Shamsul Khan alias Himu and three others, calling upon the opposite party to show cause as to why the order, dated 6‑2‑2...... Court High Court Division (Criminal Revisional Jurisdiction) Present: Md. Hassan Ameen J ATM Fazle Kabir J Tareq Shamsul Khan alias Himu & others ……………Petitioners Vs. State……………………………Opposite Party Judgment March 30, 2004. Resul...... ‑Criminal Procedure, is set aside. Send a copy of this judgment to the Tribunal concerned at once for information and necessary action. Ed. This Case is also Reported in: 56 DLR (2004) 622...

Category: Criminal Law | Date: | Hits: 71

Asmatunnessa Khatun Vs. Bangladesh, 2004, 33 CLC (HCD)

....e, Court No. 2 and executing Court in Money Execution Case No. 39 of 95, which rejected a prayer of the decree‑holder for attachment of the movables of the judgment‑debtor, Deputy Commi­ssioner, Dhaka. 2. Short facts for the disposal of the Rule are that, the land of the petitioner was acqui......nessa Khatun..........Petitioner Vs. Bangladesh ..........Opposite Party Judgment July 14, 2004. Result: The Rule is made absolute. Case Referred to- Munshi Kali Sankar Sahay and others Vs. Moharajah Protap Udai Nath Saha, (1912) 16 IC 708. Lawyers Involved: Masihuzzam......n: 56 DLR (2004) 612.......vables of the Deputy Commissioner at Dhaka as described in the schedule to the application within a week of receipt of this order positively. Ed. This Case is also Reported in: 56 DLR (2004) 612...

Category: Procedural Law | Date: | Hits: 54

A. M. Anwarul Haque Vs. State, 2011, 40 CLC (HCD)

.... set aside. The appellant is released from his bail bond. Send down the lower Court’s records with a copy of this judgment. Borhanuddin J. - I agree. Ed. This Case is also Reported in: ...... General-For the respondent. Criminal Appeal No. 2797 of 2002 Judgment Md. Ruhul Quddus J. - This appeal under section 10 of the Criminal Law Amendment Act, 1958 is directed against judgment and order dated 29.8.2002 passed by the Special Judge, Sylhet in Special Case No.123 of 2001 convict......reme Court High Court Division (Criminal Appellate Jurisdiction) Present: Borhanuddin J Md. Ruhul Quddus J A. M. Anwarul Haque……………………...................Appellant Vs. The State………………………….............................Respondent Judgment ...... set aside. The appellant is released from his bail bond. Send down the lower Court’s records with a copy of this judgment. Borhanuddin J. - I agree. Ed. This Case is also Reported in: ..

Category: Criminal Law | Date: | Hits: 61

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

....) of 2004. Judgment Md. Ruhul Quddus J. - This appeal at the instance of the plaintiffs is directed against judgment and decree dated 17.6.2004 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 t......d J.- I agree. Ed. This Case is also Reported in: ......orted 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)

....Appellants are the Government of Bangladesh represented by the Secretary, Ministry of Commerce, and they are defendant in the suit, namely Title Suit No. 37 of 1974 of the Court of Suboidlnate Judge, Dhaka, filed by the Respondent, M/S. Mashriqul Textiles, a proprietary firm, seeking an order from t......A Munim CJ Ruhul Islam J Badrul Haider Chowdhury J Shahabuddin Ahmed J Chowdhury ATM Masud J Govt. of Bangladesh & another.............. Appellants Vs. M/S Mashriqul Textiles and others.............. Respondents Judgment December 8, 1982. Result: The appeal is di......risdiction) Present: FKMA Munim CJ Ruhul Islam J Badrul Haider Chowdhury J Shahabuddin Ahmed J Chowdhury ATM Masud J Govt. of Bangladesh & another.............. Appellants Vs. M/S Mashriqul Textiles and others.............. Respondents Judgment December 8, 1982. ...... 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. ..

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

State Vs. Md. Faisal Alam Ansari and others, 2008, 37 CLC (AD)

....Md. Imman Ali J.- Md. Faisal Alam Ansari, Md. Saiful Alam Ansari alias Chapol (absconding) and Rana Ahmed (absconding) were convicted by the learned Metropolitan Additional Sessions Judge, 1st Court, Dhaka under sections 302/34 of the Penal Code and sentenced to death by judgment and order of convic...... (Criminal) Present: Md. Imman Ali J The State...........................Petitioner Vs. Md. Faisal Alam Ansari...........................Condemned Prisoner Md. Saiful Alam Ansari and another..........Absconding Convicts (Death Reference No.81 of 2003) With Md. Faisal Alam ......at once. Ed. This Case is also Reported in: ......as stated above and the Jail Appeal is accordingly disposed of. Send down the lower Court records along with a copy of this judgment at once. Ed. This Case is also Reported in: ..

Category: Criminal Law | Date: | Hits: 94

Abdul Mannan Bhuiyan Vs. State, 2010, 39 CLC (AD)

....t Division, in the premises, are perfectly justified in maintaining the conviction and sentence of the appellant. The appeal is therefore dismissed.  Ed. This Case is also Reported in: ......ellant A. K. M Zahirul Haque, Additional Attorney General, instructed by Md. Musfiqur Rahman, Advocate-on-Record-For the Respondent. Criminal Appeal No. 47 of 2009.  (From the judgment and order dated 3.3.2008 passed by the High Court Division in Criminal Appeal No.2931 of 2001.) ......llate Division (Civil) Present: Md. Tafazzul Islam J Md. Abdul Matin J ABM Khairul Haque J Surendra Kumar Sinha J Abdul Mannan Bhuiyan………………………….Appellant Vs. The State……………………………Respondent Judgment January 5, 2010. Resu......t Division, in the premises, are perfectly justified in maintaining the conviction and sentence of the appellant. The appeal is therefore dismissed.  Ed. This Case is also Reported in: ..

Category: Criminal Law | Date: | Hits: 100

Monir Hossain Vs. State, 2012, 41 CLC (AD)

....he leave petition is condoned. Condemned prisoner moves these petitions from a judgment and order of the High Court Division confirming the death reference made by the Druta Bichar Tribunal No.4, Dhaka in Druta Bichar Case No.36 of 2003. 2. Petitioner along with 8 others was put on trial befo......n both the cases.) Not Represented-For the Respondent (In both the cases.) Criminal Petition for Leave to Appeal No. 332 of 2009 with Jail Petition No. 6 of 2009. (From the judgment and order dated 25.5.2007 passed by the High Court Division in Death Reference No.142 of 2003 with C......ra Sultana J Syed Mahmud Hossain J Muhammad Imman Ali J Md. Shamsul Huda J Monir Hossain………………………………………………………...Petitioner (In both the cases) Vs. The State, represented by the Deputy Commissioner, Manikgonj………Respondent (In both the ...... to imprisonment for life and accordingly it is commuted. This petition along with Jail Petition No.6 of 2009 is disposed of with the above observations. Ed. This Case is also Reported in: ..

Category: Criminal Law | Date: | Hits: 95

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

....en the Writ petitioner and respondent No.1 was master and servant and, as such, the writ petition was not maintainable. The writ-petitioner earlier filed a complaint case before the 3rd Labour Court, Dhaka being BLL Case No.151 of 2007 challenging the legality and validity of the order of terminatio......Muzammel Hossain CJ Surendra Kumar Sinha J MA Wahhab Miah J Nazmun Ara Sultana J Syed Mahmud Hossain J Md Imman Ali J Md. Mamtaz Uddin Ahmed J Biman Bangladesh Airlines Limited and others.........Appellants Vs. Md. Moniruzzaman and others...............Respondents Jud......umar Sinha J MA Wahhab Miah J Nazmun Ara Sultana J Syed Mahmud Hossain J Md Imman Ali J Md. Mamtaz Uddin Ahmed J Biman Bangladesh Airlines Limited and others.........Appellants Vs. Md. Moniruzzaman and others...............Respondents Judgment December 1, 2011. Res......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 the People's Republic of Bangladesh Vs. Nasirur Rahman, 2011, 40 CLC (AD)

....§¯à§¬-৯৭(অংশ-à§§)dated 02.08.1999 under the signature of the Senior Assistant Secretary of the Ministry (annexure-'G') to the Director General of the Women and Children Affairs Directorate, Dhaka to take step as per rules to take over and transfer charge of the prakalpa in question pursuan......Muzammel Hossain CJ Surendra Kumar Sinha J Md. Abdul Wahhab Miah J Syed Mahmud Hossain J Government of the People's Republic of Bangladesh, Represented By the Secretary, Ministry of Women and Children Affairs, Bangladesh Secretariat and Others………Petitioners Vs. Nasirur Rahma...... Mahmud Hossain J Government of the People's Republic of Bangladesh, Represented By the Secretary, Ministry of Women and Children Affairs, Bangladesh Secretariat and Others………Petitioners Vs. Nasirur Rahman…………………………..Respondents Judgment December 11, 2011. ......on of the direction given by the High Court Division in the impugned judgment and order. Ed. This Case is also Reported in: 32 BLD (AD) (2012) 87, 9 LG (AD) (2012) 50, 17 MLR (AD) (2012) 89. ..

Category: Employment/Service Law | Date: | Hits: 119

Government of Bangladesh and Others Vs. Himangshu Ranjan Pal, 2011, 40 CLC (AD)

....ade repeated written representations to the authority concerned, but to no avail. Thereafter, he made representations to the District Education Officer and the Director General, Education Department, Dhaka seeking redress, but he did not get any fruitful result. The Director General in turn directed......a Kumar Sinha J Md. Abdul Wahhab Miah J Nazmun Ara Sultana J Syed Mahmud Hossain J Muhammad Imman Ali J Mohammad Mamtaz Uddin Ahmed J Md. Shamsul Huda J Government of Bangladesh and Others………………………Appellant Vs. Himangshu Ranjan Pal…………………â€......un Ara Sultana J Syed Mahmud Hossain J Muhammad Imman Ali J Mohammad Mamtaz Uddin Ahmed J Md. Shamsul Huda J Government of Bangladesh and Others………………………Appellant Vs. Himangshu Ranjan Pal…………………………………………….Respondents Judgm......dgment of the Administrative Appellate Tribunal. In the result, the Civil Petition for Leave to Appeal No.2356 of 2009 is dismissed. Ed. This Case is also Reported in: 32 BLD (AD) (2012) 64. ..

Category: Administrative Law | Date: | Hits: 240

Rajdhani Unnayan Katripakkha (RAJUK) Vs. A.K.M. Abdul Hakim and Others, 2010, 39 CLC (AD)

....ominur Rahman J ABM Khairul Haque J Md. Muzammel Hossain J Surendra Kumar Sinha J Rajdhani Unnayan Katripakkha (RAJUK) Represented by It's Chairman, Rajuk Bhaban, Rajuk Avenue, Motijheel, Dhaka and Others……………………………………………………………….Petitioners...... Rahman J ABM Khairul Haque J Md. Muzammel Hossain J Surendra Kumar Sinha J Rajdhani Unnayan Katripakkha (RAJUK) Represented by It's Chairman, Rajuk Bhaban, Rajuk Avenue, Motijheel, Dhaka and Others……………………………………………………………….Petitioners Vs......nnayan Katripakkha (RAJUK) Represented by It's Chairman, Rajuk Bhaban, Rajuk Avenue, Motijheel, Dhaka and Others……………………………………………………………….Petitioners Vs. A.K.M. Abdul Hakim and Others………………………Respondents Judgment July 15, ......eable property. We find no substance in this petition, which is accordingly dismissed with cost of Tk. 10,000/- (ten thousand) only. Ed. This Case is also Reported in: 32 BLD (AD) (2012) 34. ..

Category: Civil Law | Date: | Hits: 76

State Vs. Dafader Marfoth Ali Shah and another, 2011, 40 CLC (AD)

....examinations. 4. Accused-respondents along with the condemned prisoner Risalder Mosleuddin @ Hiron Khan @ Mosleuddin and 17 others were put on trial before the learned Metropolitan Sessions Judge, Dhaka in Metropolitan Sessions Case No.7 of 1999 to face charges under section 120B and sections 302......t: ABM Khairul Haque CJ Md. Muzammel Hossain J Surendra Kumar Sinha J The State………………………………………………………Petitioner Vs. Dafader Marfoth Ali Shah and another………….Respondents Order January 11, 2011. Result: The Leave is granted. ......ivision (Criminal) Present: ABM Khairul Haque CJ Md. Muzammel Hossain J Surendra Kumar Sinha J The State………………………………………………………Petitioner Vs. Dafader Marfoth Ali Shah and another………….Respondents Order January 11, 2011. ......ons Judge shall take necessary steps to take the accused-respondents into custody. The appellant is directed to file concise statement by 13th February, 2011. Ed. This Case is also Reported in:..

Category: Criminal Law | Date: | Hits: 191

Mainuddin Vs. State and another, 2010, 39 CLC (AD)

.... no error of law in maintaining the impugned order. The submissions of the learned Counsel merit no consideration. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: ......eem Mominur Rahman J ABM Khairul Haque J Md. Muzammel Hossain J Surendra Kumar Sinha J Mainuddin…………………………………………………….Petitioner Vs. The State and another ……………………………...Respondents Judgment August 5, 2010. Result...... Shah Abu Nayeem Mominur Rahman J ABM Khairul Haque J Md. Muzammel Hossain J Surendra Kumar Sinha J Mainuddin…………………………………………………….Petitioner Vs. The State and another ……………………………...Respondents Judgment August 5...... no error of law in maintaining the impugned order. The submissions of the learned Counsel merit no consideration. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: ..

Category: Criminal Law | Date: | Hits: 66

JMS Glass Industries Ltd. Vs. Customs, Excise and VAT Appellate Tribu­nal and others, 2011, 40 CLC (AD)

....ccept the Memo of Appeal by waiving deposit of 25% of the demanded VAT or imposed penalty. The petitioner also submit­ted a certificate issued by Janata Bank, Local Office, Dilkusha Commercial Area, Dhaka under Nothi No. Lo/ICD/JMS GLASS/07 dated 31-1-2007 showing its bank liability to the tune of ...... Nazmun Ara Sultana J Syed Mahmud Hossain J Md. Imman Ali J Mamtaz Uddin Ahmed J JMS Glass Industries Ltd............................................Petitioner Vs. Customs, Excise and VAT Appellate Tribu­nal and others...............Respondents Judgment November 17, 2011. ...... MA Wahhab MiahJ Nazmun Ara Sultana J Syed Mahmud Hossain J Md. Imman Ali J Mamtaz Uddin Ahmed J JMS Glass Industries Ltd............................................Petitioner Vs. Customs, Excise and VAT Appellate Tribu­nal and others...............Respondents Judgment...... discharging the Rule. For the reasons stated hereinbefore, we find no merits in the petition and accordingly, the same is dismissed. Ed. This Case is also Reported in: 64 DLR (AD) (2012) 43. ..

Category: Fiscal/Taxation Law | Date: | Hits: 130

Abdus Sattar Bhuiyan Vs. Abdur Razzaque and another, 2011, 40 CLC (HCD)

....t Md. Ruhul Quddus J. - This First Miscellaneous Appeal at the instance of the substituted plaintiffs is directed against order dated 4.11.2009 passed by the Joint District Judge, fourth Court, Dhaka in Title Suit No.183 of 2006 rejecting an application for temporary injunction filed by the pl...... Reported in: ......Court Division (Civil Appellate Jurisdiction) Present: Faruque Ahmed J Md. Ruhul Quddus J Abdus Sattar Bhuiyan being dead his heirs Monir Hossain and others…...........Appellants Vs. Abdur Razzaque and another……………...Respondents Judgment October 24, 2011. R......nected Civil Rule is accordingly disposed of. The trial Court is directed to dispose of the suit as expeditious as possible. Faruque Ahmed J.- I agree. Ed. This Case is also Reported in: ..

Category: Civil Law | Date: | Hits: 67