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Fulbaria Adarsha Market Dokandar Malik Samity Vs. Fulbaria Adarsha Market Khatigrashta Kallyan Samabaya Samity Dokandar & others, 2001, 30 CLC (HCD)

....is principle was approved by our Appellate Division in the case of Abdul Jalil, “if a party to a suit does act to bring about a change in the state of things existing at the date of suit or just prior to that date, in order to forestall a possible order of the Court, the Court may, in an approp......im order of injunction in mandatory form dated 29-11-2000 is hereby set aside. No order as to cost. Communicate this order to the Court. Ed. This Case is also Reported in: 53 DLR (2001) 220. ......baya Samity Dokandar & others……………………..Opposite Parties Judgment April 12, 2001. Cases Referred To- Nandan Pictures Ltd Vs. Art Pictures Ltd, AIR 1956 Calcutta 428; Ministry of Communication Vs. Md Ferozur Rahman, 45 DLR 762; Abul Hayat Vs. MA Reja, 47 DLR 170; Ren..

Category: Civil Law | Date: | Hits: 84

Bangladesh Water Development Board Vs. Contractor, Manu Barrage, 2000, 29 CLC (HCD)

....rate as the court deems reasonable to be paid on the principal sum adjudged, from the date of the suit to the date of decree, in addition to any interest adjudged on such principal sum for any period prior to the institution of the suit, with further interest at such rate as the Court deems reasonab......ll realisation. The parties are directed to bear their own respective costs. Send down the record of the case without any further delay. Ed. This Case is also Reported in: 53 DLR (2001) 200. ......ll realisation. The parties are directed to bear their own respective costs. Send down the record of the case without any further delay. Ed. This Case is also Reported in: 53 DLR (2001) 200. ..

Category: Civil Law | Date: | Hits: 132

Ebrahim Steel Re-Rolling Industries (Pvt.) Limited Vs. Bangladesh and others, 2010, 39 CLC (AD)

....we find no sub­stance in the submissions of the learned Advocate-on-Record for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VII ADC (2010) 495. ......we find no sub­stance in the submissions of the learned Advocate-on-Record for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VII ADC (2010) 495. ......nting bank filed Title Suit No.169 of 1999 in the Artha Rin Adalat No.1, Dhaka. That suit was decreed ex-parte on 25.05.1999 for an amount of TK.2, 42, 28,435.80 with interest till real­ization. The Ministry of Finance by its letter dated 11.03.1999 recommended waiv­er of 100% penal interest and 1..

Category: Banking Law | Date: | Hits: 95

Jalalabad Co-opera­tive Housing Society Ltd. and another Vs. Mosammat Roushan Jahan and others, 2010, 39 CLC (AD)

.... 18.09.1978 and registered on 19.09.1978 and that the said purchasers Mosst. Mahmuda Khatun and others in turn sold the suit land by registered sale deed dated 13.01.1979 to the defendant No.1, which prior to purchase published legal notice in the daily newspaper on 01.01.1978 about the purchase of ......order passed by the High Court Division and thus do not find any substance in the leave petition. The petition is accordingly dismissed. Ed. This Case is also Reported in: VII ADC (2010) 486.......order passed by the High Court Division and thus do not find any substance in the leave petition. The petition is accordingly dismissed. Ed. This Case is also Reported in: VII ADC (2010) 486...

Category: Property Law | Date: | Hits: 38

Md. Yusuf Chowdhury Vs. Administration of Waqf of No. 4, New Eskaton Road, Ramna, Dhaka-1000, 2009, 38 CLC (AD)

....h Court Division com­mitted no illegality in discharging the Rule. We find no substance in this petition which is accordingly dismissed. Ed. This Case is also Reported in: VII ADC (2010) 474.......h Court Division com­mitted no illegality in discharging the Rule. We find no substance in this petition which is accordingly dismissed. Ed. This Case is also Reported in: VII ADC (2010) 474.......e petitioner filed an application to transfer the case to any other competent court for disposal and copies of that application was served upon the then Prime Minister, Religious Minister, Secretary, Ministry of Religious Affairs and also Administrator of Waqf, Dhaka through registered post on 24.12..

Category: Trust/Waqf Law | Date: | Hits: 185

Prime Finance and Investment Limited Vs. Delwar H. Khan and others, 2009, 38 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) 459. ......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) 459. ......eholding position of the Company to date stands as it appears in the said Particulars of Shareholders dated 15.04.2003. 7. It is stated in the application that the Company applied on 16.04.2000 to Ministry of Posts and Telecommunications of the Government of Bangladesh for a Licence as required u..

Category: Company Law | Date: | Hits: 197

Government of Bangladesh and another Vs. Mohiuddin, 2009, 38 CLC (AD)

....5.1988 of the Court of Settlement is restored. In the result, the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: VII ADC (2010) 454, 15 BLC (AD) (2010) 179......5.1988 of the Court of Settlement is restored. In the result, the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: VII ADC (2010) 454, 15 BLC (AD) (2010) 179......etitioner received a notice asking him to vacate the case prem­ises. He then instituted Title Suit No.57 of 1976 in the 6th Court of Munsif, Dhaka for permanent injunction restraining the Secretary, Ministry of Works and Urban Development and others for evicting him from the case property and distu..

Category: Property Law | Date: | Hits: 24

Tafazzal Hossain Vs. Bangladesh, 2009, 38 CLC (AD)

....reparation of paper book is dispensed with as prayed for. The order of stay granted earlier shall continue till disposal of the appeal. Ed. This Case is also Reported in: VII ADC (2010) 451. ......reparation of paper book is dispensed with as prayed for. The order of stay granted earlier shall continue till disposal of the appeal. Ed. This Case is also Reported in: VII ADC (2010) 451. ......Md. Abdul Matin J ABM Khairul Haque J Tafazzal Hossain……………………….....Petitioner Vs. The Government of the People's Republic of Bangladesh repre­sented by the Secretary, Ministry of Local Government Rural Development and Co-operatives, Bangladesh Sachibalaya, P.S.-Ramna..

Category: Election Law | Date: | Hits: 92

Anti-Corruption Commission Vs. Dr. Muhiuddin Khan Alamgir and others, 2010, 39 CLC (AD)

.... be required. 26. Sub-rule(4) of rule 15 stipulates that only in case of submission of charge sheet (অভিযোগনামা দায়েরের ক্ষেত্রেই কেবল), prior sanction from the Commission will required. 27. From the above discussions, it will be clea......dy been acquitted on merit of the case as is in this case. With these observations, this petition is dismissed. Ed. This Case is also Reported in: 62 DLR (AD) (2010) 290, VIII ADC (2011) 78. ......dy been acquitted on merit of the case as is in this case. With these observations, this petition is dismissed. Ed. This Case is also Reported in: 62 DLR (AD) (2010) 290, VIII ADC (2011) 78. ..

Category: Anti-Corruption Laws | Date: | Hits: 231

Anti Corruption Commission Vs. Shah Alam Chowdhury and others, 2007, 36 CLC (AD)

....,000/- and cheque No.1474215 dated 11.06.2002 for an amount of Tk.10,00,000/- thus the total amount came to Tk.50,00,000/- (fifty lac). It was also stated in the alleged First Information Report that prior to resignation from the post of Chairman, Redowan Ahmed paid Tk.20,00,000/- to Kabir Ahmed and......ith as prayed for. Order of the High Court Division dated 11th November, 2007 passed in Writ Petition No.9613 of 2007 is stayed till hearing of the appeal. Ed. This Case is also Reported in: ......007 against the petitioner and 2 others showing the date of occurrence as 19.06.2002 alleging, inter-alia, that the 4% of the amount received against lease money of hat-bazar of the country under the Ministry of local Government are deposited with the Muktijoddha Sangshad account to be spent for the..

Category: Anti-Corruption Laws | Date: | Hits: 159

Dr. Mohiuddin Farooque Vs. Bangladesh & others, 2001, 30 CLC (HCD)

....n 30.7.2010. In the meantime, if any of the respondents feel it necessary for further direction, they are at liberty to approach the Court. Ed. This Case is also Reported in: 15 BLC (2010) 61. ......n 30.7.2010. In the meantime, if any of the respondents feel it necessary for further direction, they are at liberty to approach the Court. Ed. This Case is also Reported in: 15 BLC (2010) 61. ...... all and full facilities are made by the Government but the tannery owners so far refused to move there inspite of their repeated promises. Lastly a 14 member committee headed by the Joint Secretary, Ministry of Industries, in its meeting held on 25.9.2008, resolved that all tanneries shall shift fr..

Category: Environmental Law | Date: | Hits: 279

Dr. Mohiuddin Farooque Vs. Bangladesh and others, 2001, 30 CLC (HCD)

....enabling them to take necessary steps in this regard immediately. A copy also be forwarded to the Chairman, BELA. Md. Joynul Abedin J.- I agree. This Case is also Reported in: 55 DLR (2003) 69. ......ent Conservation Rules, 1997 (‘Rules’ for short). The Rules lay down the procedure for achieving the objectives provided for in the Act. Rule 7 describes the procedure for obtaining environmental clearance and also classifies the industrial units and projects into three broad categories dependin......-spread contributions in these fields earned its reputation and recognition both at home and abroad. 3. This rule was issued calling upon the Government of Bangladesh represented by the Secretary, Ministry of Industries and others to show cause as to why a direction should not be given to impleme..

Category: Environmental Law | Date: | Hits: 345

Dr SKM Joynal Abedin Vs. Bangladesh, 2010, 39 CLC (AD)

....he suit land (a compact land indeed) with a specific Plot No. 61 the aforesaid lessees, namely Md. Shahidul Hoque Siddiqui and three others transferred the said compact land to the plaintiff with the prior permission of the Government-defendant for valuable considera­tion under four registered conv......n to get the order of injunction and rightly rejected the same. We find no substance in this petition which is accordingly dismissed. Ed. This Case is also Reported in: 15 BLC (AD) (2010) 143....... Karim CJ MA Matin J BK Das J ABM Khairul Haque J MM Hossain J SK Sinha J Dr. SKM Joynal Abedin…................Petitioner Vs. Bangladesh represented by the Secretary, Ministry of Housing and Public Works and others………….Respondents Judgment February 9, ..

Category: Property Law | Date: | Hits: 44

Md. Azizur Rahman Chowdhury Vs. Tauhiduddin Chowdhury and others, 2009, 38 CLC (AD)

....rred in law in interfering with the concurrent findings of the Courts below relying on the principle of doctrine of necessity in failing to notice that the respondent raised the constructions without prior permission of the Court in utter violation of the Court's order and thereby they had flouted t......0/-. The judgment of the High Court Division is set aside and restored those of the Courts below. This Case is also Reported in: 15 MLR (AD) (2010) 160, 16 BLC (AD) (2011) 26, VIII ADC (2011) 915. ......0/-. The judgment of the High Court Division is set aside and restored those of the Courts below. This Case is also Reported in: 15 MLR (AD) (2010) 160, 16 BLC (AD) (2011) 26, VIII ADC (2011) 915. ..

Category: Property Law | Date: | Hits: 84

SN Goswami, Advocate and another Vs. Government of the People's Republic of Bangladesh and others, 2001, 30 CLC (HCD)

....ustice of Bangladesh in the matter of appointment of judges to the Appellate Division of the Supreme Court. It is our considered opinion that the established constitutional practice and convention of prior consultation by the President with the Chief Justice in the appointment of a Judge to the Appe...... and day out during the tenure of their office. In view of our aforesaid discussions, the application is summarily rejected. Ed. This Case is also Reported in: 55 DLR (2003) 332. ...... and day out during the tenure of their office. In view of our aforesaid discussions, the application is summarily rejected. Ed. This Case is also Reported in: 55 DLR (2003) 332. ..

Category: Constitutional Law | Date: | Hits: 126

Hasmat Ali Vs. State, 2001, 30 CLC (HCD)

....was married to convict appellant about 3 months before the date of occurrence and she preferred to stay at the house of her father as she frequently visited the house of her parents. Even on the date prior to the occurrence the deceased wife was brought back from her paternal house to the house of t......tion 302 of the Penal Code and, as such, the impugned conviction and sentence are hereby upheld. In the result, the appeal is dismissed. Ed. This Case is also Reported in: 53 DLR (2001) 169. ......tion 302 of the Penal Code and, as such, the impugned conviction and sentence are hereby upheld. In the result, the appeal is dismissed. Ed. This Case is also Reported in: 53 DLR (2001) 169. ..

Category: Criminal Law | Date: | Hits: 27

Daily Star and Prothom Alo Patrika Vs. State, 2001, 30 CLC (HCD)

....l of Police, Bangladesh. The office is directed to transmit the record along with a copy of the judgment by a special messenger. Ed. This Case is also Reported in: 53 DLR (2001) 155. ......l of Police, Bangladesh. The office is directed to transmit the record along with a copy of the judgment by a special messenger. Ed. This Case is also Reported in: 53 DLR (2001) 155. ......itional Sessions Judge though allowed the prayer for time expressed serious dissatisfaction about the conduct of the learned public prosecutor. He even wrote letters to the Secretary in charge of the Ministry of Home Affairs and the Inspector General of Police, Bangladesh pointing out the neglect an..

Category: Criminal Law | Date: | Hits: 189

Abdul Abedin Abdul Vs. State, 2000, 29 CLC (HCD)

....efore the Magistrate, 1st Class, Sylhet under section 6 of the Extradition Act, 1974. In the result, the Rule is discharged. Ed. This Case is also Reported in: 53 DLR (2001) 109. ......efore the Magistrate, 1st Class, Sylhet under section 6 of the Extradition Act, 1974. In the result, the Rule is discharged. Ed. This Case is also Reported in: 53 DLR (2001) 109. ...... of General Diary No.140 dated 6-11-1999 showed the petitioner arrested under section 54 of the Code of Criminal Procedure pursuant to Memo. No. Bos-2/97/Sha-Mo (Bohi-1) dated 30-7-1998 issued by the Ministry of Home Affairs and Memo. No.3794/57-96 dated 11-11-1998 issued by the District Special Bra..

Category: Criminal Law | Date: | Hits: 87

Hussain Mohammad Ershad Vs. State and others, 2000, 29 CLC (AD)

....adeq. 21-10-1989 Lease deed was registered in favour of the said three allottee. 22-10-1989 In a meeting of the Board of Rajuk a proviso to clause 20 of the standard lease of Rajuk debarring transfer prior to construction of the rotted plot is added by the resolution: Provided further that affected ......s. 49, 49A, 49B, and 49C within Kawran Bazar Commercial Area including the building/structures thereon known as Janata Tower is maintained. Ed. This Case is also Reported in: 53 DLR (2001) 102. ......s. 49, 49A, 49B, and 49C within Kawran Bazar Commercial Area including the building/structures thereon known as Janata Tower is maintained. Ed. This Case is also Reported in: 53 DLR (2001) 102. ..

Category: Property Law | Date: | Hits: 33

Mosharaf Hossain (Md) @ Mash Vs. Bangladesh and others, 2000, 29 CLC (HCD)

.... 7. So, we find that section 7 relates to the procedure of punishment of an absconder and does not in any way empower the detaining authority to detain a person by an order made more than thirty days prior to the service of the order upon that person. 11. Considering the above legal position,......of Late Alim Rahman of Village Shyakur PS Maheshpur District Jhenaidah be set of liberty at once if not wanted in any other connection. Ed. This Case is also Reported in: 53 DLR (2001) 100. ......of Late Alim Rahman of Village Shyakur PS Maheshpur District Jhenaidah be set of liberty at once if not wanted in any other connection. Ed. This Case is also Reported in: 53 DLR (2001) 100. ..

Category: Criminal Law | Date: | Hits: 29