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Shamsuddin Ahmed and others Vs. Government of Bangladesh and others, 1993, 22 CLC (HCD)
....t and for a further declaration that the order passed in Mutation Case No.96/81‑82 is illegal, collusive and not binding upon the plaintiff petitioners and also for a direction to the defendants to hand over possession of the suit land to the plaintiffs. The case of the plaintiffs, as it appears b......h Court Division (Civil Revisional Jurisdiction) Present: ARM Amirul Islam Chowdhury J Md. Sirajul Islam J Shamsuddin Ahmed and others………………………Petitioners Vs. Government of Bangladesh and others………………………Opposite Parties Judgment May 20,......Judge, Habiganj and got the ex parte decree dated 28.7.92, with a direction to the receiver to hand over possession of the suit land to the plaintiff and to pay the money for the period of receiver's management to the plaintiffs. Further contention of the learned Advocate for the plaintiff petitione..Category: Property Law | Date: | Hits: 68
Shyamal Chandra Roy Vs. Probhat Chandra Roy, 1999, 18 CLC (HCD)
....rned Assistant Judge, Thakurgaon at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 504.......order, with notice to the contending parties. Communicate the order of the Court to the learned Assistant Judge, Thakurgaon at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 504.......order, with notice to the contending parties. Communicate the order of the Court to the learned Assistant Judge, Thakurgaon at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 504...Category: Procedural Law | Date: | Hits: 91
Rana Madbar and others Vs. State, 1999, 18 CLC (HCD)
.... to the case of Ahmed Ali Vs. Haji Abdur Rashid reported in 1991 BLD 11 and the case of Moti Mia Vs. State reported in 44 DLR 554. The learned Assistant Attorney-General Mr. Md. Mustafa, on the other hand, submitted that the Investigating Officer or the informant though police officer had no enmity ......sons boarding a trawler, suspected them to be members of the gang of dacoits and officer-In-charge of that Thana and another police officer boarded the trawler and arrested the accused persons and recovered two revolvers from the possession of accused Rana Matbor and Shamim and also recovered some c......2 are affirmed and as against appellant No.3, Nazrul Islam, set aside and he be released at once if not wanted in any other connection. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 499...Category: Criminal Law | Date: | Hits: 59
Mizanur Rahman Khan (Md.) and another Vs. Jinnatul Ferdous and others, 1999, 18 CLC (HCD)
.... redress of their grievance on an erroneous view of law and the same has occasioned a failure of justice. 8. Mr. Faziul Karim, the learned Advocate appearing for the opposite parties, on the other hand, submits that the learned Subordinate Judge was perfectly justified in passing the impugned ord......hich were subsequently demolished in the process, although there was no specific order for demolition of any structure. This action of the learned Advocate Commissioner prima facie betrays a sense of over zealous on his part. 9. An award decree is nothing more than a preliminary decree as is usua......ioner on 18-6-97 in execution of the writ issued to him by the learned Executing Court. Send down the lower Court records at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 493. ..Category: Civil Law | Date: | Hits: 66
Serajuddin Shah (Md.) Vs. Secretary, Ministry of Religious Affairs and others, 1999, 18 CLC (HCD)
...., is not without lawful authority. In the result, the Rule is discharged without any order as to cost. Order of stay stands vacated. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 479.......inistrator of Waqfs proposing to construct a 16-storied building by the side of the Pir Yeameni Waqf Market in the remaining land and thereafter a meeting was held in the Ministry on 18-7-95 presided over by the Secretary and it was decided for development of the land near the Pir Yeameni Market. Th......dministrator may, where considered necessary, appoint as official Mutwalli on such terms and conditions as to remuneration and other matters as the Administrator thinks fit for the administration and management of a waqf property and institution attached thereto.” 11. From the above it appears ..Category: Trust/Waqf Law | Date: | Hits: 142
Shaikh Jahangir Hossain Vs. Government of Bangladesh and others, 2001, 30 CLC (HCD)
.... of their lawful discretion decided to transfer the entire unused lands in favour of RAJUK at the market price. As such, he prayers for allowing the appeal and dismissed the suit. 11. On the other hand, Mr. Sheikh Razzaq Ali, the learned Advocate, appearing on behalf of the respondent candidly ad......urt Division (Civil Appellate Jurisdiction) Present: ABM Khairul Haque J K Musa Khaled J Shaikh Jahangir Hossain…………………………………..………..Appellant Vs. Government of Bangladesh and others................Respondents Judgment November 12, 2001. ......udgment be forwarded, to the learned Judge wherever he is posted now, for his future guidance. Send down the lower Court records at once. Ed. This Case is also Reported in: 55 DLR (2003) 405. ..Category: Civil Law | Date: | Hits: 82
Almas Miah Vs. State, 2002, 31 CLC (HCD)
....63 of 2001. Judgment Md. Abdur Rashid J.-This appeal was presented under section 420 of the Code of Criminal Procedure against judgment and order dated 2‑7-2001 passed by Mr. Abul Hossain Khandokar, Assistant Sessions Judge, Court No.2 at Narsingdi in Session Case No.36 of 1997, which con......eclined to take as he did not have change. He also doubted the note to be fake. Thereupon, there was an altercation, which was followed by a scuffle. Ultimately, the appellant was captured and handed over to the police with the note. 3. In the trial, the appellant was charged under section 489(b)......ppellant is acquitted from the charge. Let the appellant be set at liberty if he is not wanted in any other case. Send down the records. Ed. This Case is also Reported in: 55 DLR (2003) 403. ..Category: Criminal Law | Date: | Hits: 87
Government of Bangladesh and others Vs. Md. Shafiqur Rahman, 2011, 40 CLC (AD)
....rney General prays for granting leave by this Court against the impugned judgment and order. 9. Mr. Salauddin Dolon, learned Advocate, entering caveat on behalf of the respondent, on the other hand, supported the judgment and order passed by the High Court Division. 10. From the impugned......vil) Present: Surendra Kumar Sinha J Md. Abdul Wahhab Miah J Nazmun Ara Sultana J Syed Mahmud Hossain J Muhammad Imman Ali Muhammad Mamtaz Uddin Ahmed J Md. Shamsul Huda J Government of Bangladesh and others………............Petitioners Vs. Md. Shafiqur Rahman…......Wit Petition No.3969 be stayed till hearing of the appeal. The appellants are directed to make the appeal ready for expeditious hearing. Ed. This Case is also Reported in: VIII ADC (2011) 572...Category: Employment/Service Law | Date: | Hits: 86
....hmud, Senior Advocate, instructed by Md. Nawab Ali, Advocate-on-Record-For Respondent No.1 (In Civil Petition Nos. 944 & 946 of 2011).
Rokanuddin Mahmud, Senior Advocate, instructed by Bivash Chandra Biswas, Advocate -on-Record-For Respondent Nos. 8 & 13 (In Civil Petition No. 945 of 2011......ivil)
Present:
Surendra Kumar Sinha J
Md. Abdul Wahhab Miah J
Nazmun Ara Sultana J
Syed Mahmud Hossain J
Muhammad Imman Ali J
Md. Shamsul Huda J
The Chief Engineer, the Local Government and Engineering Department, LGED Bhaban, Agargaon, Shere-E-Bangla Nagar, Dhaka…………......e on proper appreciation of laws and facts do not call for interference.
Accordingly, all the leave petitions are summarily dismissed.
Ed.
This Case is also Reported in: VIII ADC (2011) 562...
Category: Employment/Service Law | Date: | Hits: 66
Zenith Packages Ltd. Vs. Member, Labour Appellate Tribunal and others, 1999, 18 CLC (HCD)
....sregarded by either party of the settlement. In the Dhaka High Court case referred to herein above the court opined that the terms of the terminated settlement is binding on the workers. On the other hand, in the Indian Supreme Court decision of 1980 it was held that terms of the settlement is bindi......m 19-5-98. Thereafter, the respondent No.2 placed before the petitioner a charter of demands on 20-5-98 under section 26 of the said Ordinance claiming certain higher rates of emoluments and benefits over the rates which were being enjoined by the workers. Petitioner by notice dated 8-6-98 modified ......continue till new settlement is arrived at mutually on fresh terms and conditions and for that parties may negotiate on the basis of charter of demands already submitted by the respondent No.2 to the management. He hither submitted that terms and conditions of the service once effective cannot be al..Category: Labour and Industrial Law | Date: | Hits: 168
Abdul Karim Vs. Gousddin and others, 1998, 27 CLC (HCD)
....h was upheld upto this Court in CR Case No.92 of 1989. Thereafter first party filed an application before the learned Magistrate First Class, Sylhet for directing OC Kotwali PS who is the receiver to hand over possession of the attached property to him in pursuance of the decree of the civil Court B...... upheld upto this Court in CR Case No.92 of 1989. Thereafter first party filed an application before the learned Magistrate First Class, Sylhet for directing OC Kotwali PS who is the receiver to hand over possession of the attached property to him in pursuance of the decree of the civil Court But th......gistrar of this Court within 1(one) month from the date of receipt of the copy of this order. Communicate the order to the Court below. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 259...Category: Criminal Law | Date: | Hits: 65
Abul Bashar Shaikh Vs. State, 1996, 25 CLC (HCD)
....nt Md. Tajul Islam, a probationary SI of Palong PS along with members of the Bangladesh Army led by Major Monir, went to Court para area and arrested the accused therefrom and at about 9-00 PM he was handed over to the custody of the PS on the next day i.e. on 21-1-96. Major Monir came to the PS wit......e appearing for the appellant after placing the impugned judgment and other materials on recorded submitted that appellant was arrested from the Palong Thana area and the revolver and bullets were recovered from Naria Thana area and as such lodging of FIR with Palong PS and investigation and submiss...... arrest if he fails to surrender to his bail bound and to remand him to jail custody to serve out the remaining period of his sentence. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 252...Category: Criminal Law | Date: | Hits: 73
State Vs. Sree Ranjit Kumar Pramanik, 1990, 19 CLC (HCD)
....d sentence should be set aside and the reference be rejected and the condemned be acquitted from the charges levelled against him. 6. Mr. SM Barua, the learned Advocate for the State, on the other hand, supported the reference and the impugned judgment. He submitted that the circumstances referre......t noon on receiving information from Mohar Ali of Digalkandi village that a dead body with severed head was lying in Berul field he and others went there but before their arrival the dead body was recovered by the police. On 19.1.86 he went to the morgue and identified the dead body and lodged the F......e valuable service rendered by Mr. Abu Sayeed Ahammed who volunteered to appear on behalf of the accused and was accepted by the court. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 660...Category: Property Law | Date: | Hits: 69
Janab Ali & others Vs. Arju Miah & Others, 1991, 20 CLC (HCD)
....suit land measuring 41 decimal stating, inter alia, that defendant No.1 Uma Rani Roy got the suit land by virtue of a will of her father‑in‑law and also by amicable partition with his son Kashab Chandra Roy; that by a registered kabala dated 18.8.69 defendant No.1 Uma Rani Roy transferred the la......r permanent injunction the plaintiffs also prayed for temporary injunction restraining the receiver who is defendant No.6, and the defendant No.5, the grower of the paddy on the said land from making over possession of the land and the sale proceeds to, and defendants No.2 to 4 from, taking over and......ithout any order as to costs. The learned Assistant Judge will proceed with the main suit for permanent injunction according to law. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 656...Category: Property Law | Date: | Hits: 61
Ezahar Ali Mondol and others Vs. Golam Rasul and others, 1991, 20 CLC (HCD)
....upon the parties and in between the parties. Relying upon the above decision I am of the opinion that the Government Circular has got compulsive effect in between the maker of the circular on the one hand and the persons or authorities upon whom the same is applicable on the other hand. Further, if ......LR 365. Lawyers Involved: Latifur Rahman, Advocate ‑ For the Petitioners. KS Zaman, Advocate ‑ For Opposite Party No.1. Syed JR Modassir Hossain, Deputy Attorney General ‑ For the Government. Civil Revision No. 559 of 1991. Judgment Md. Mozammel Hoque J.- This Rule was is......as been elaborately considered in the case of the Administrator, Delta Construction Vs. Chairman, 2nd Labour Court, 28 DLR 365. In that case the Government had issued a circular regarding control and management of the companies which were vested in the Government under PO 16 of 1972, and also regard..Category: Civil Law | Date: | Hits: 99
Akhtar Hossain Vs. Government of Bangladesh and others, 1991, 20 CLC (HCD)
.... to the existing number of population and in this connection he has filed Annexure F, which is a certified copy obtained from the Upazila Statistics Office, Daudkandi Upazila, Comilla and which is in hand‑writing, showing, according to the petitioner, the correct number of population therein. 5......rt High Court Division (Special Original Jurisdiction) Present: Fazle Hussain Mohammad Habibur Rahman J Abdul Hasib J Akhtar Hossain………………………Petitioner Vs. Government of Bangladesh and others………………………Respondents Judgment December 9, ......ke evidence to decide a disputed question of fact brought by the petitioner. In the result this application is summarily rejected. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 651. ..Category: Election Law | Date: | Hits: 137
Rezaul Karim (Md.) Vs. State, 2002, 31 CLC (HCD)
....the northern Bhiti hut of their house facing south and he heard hue and cry of his nephew Mustafizur Rahman and woke up by opening the door and saw one person standing at the door with a rifle in his hand. By the light of lantern he could identify the accused Kashem. Then he went out through the eas......eement for sale, the accused Hares, Bachchu and Kashem told the victim that though he purchased the land he would not be able to enjoy the same. Thereafter the purchased land was registered and he recovered possession of the said land. His elder brother Zahiruddin was killed in 1380 BS by the accuse......t liberty forthwith if not wanted in connection with another case. Send down the LC record with a copy of this judgment expeditiously. Ed. This Case is also Reported in: 55 DLR (2003) 382. ..Category: Criminal Law | Date: | Hits: 71
Bangladesh Sugar and Food Industries Corporation Vs. Md. Kashem and others, 2002, 31 CLC (HCD)
.... 99 years. The said company also constructed some tin shed over the suit land. The properties of the said company was declared as Enemy Property and the Government took over the same and subsequently handed over the same to the East Pakistan Industrial Development Corporation. Subsequently, the Gove...... 3. The plaint case is that the suit land was leased out to Messers North Bengal Sugar Mills Ltd. But, the said company did not fulfil the terms of the lease for which defendant No. 1, namely, the Government of Bangladesh, cancelled the lease. The plaintiff approached the government who gave him u......y was leased out to North Bengal Sugar Mills Ltd. by the then Government of East Pakistan and after the Indo‑Pak War of 1965 the same was declared as Enemy Property and the then government took its management. Thereafter, the suit property was handed over to the East Pakistan Industrial Developmen..Category: Property Law | Date: | Hits: 122
M/S. Rupanti Enterprise Vs. Unilever Bangladesh Limited and others…, 2011, 40 CLC (AD)
....ble in law and as such, the impugned judgment and order calls for interference by this Court. 10. Mr. Rokanuddin Mahmud, learned Counsel, entering caveat on behalf of respondent No.1, on the other hand, supported the impugned judgment and order passed by the High Court Division by submitting ......he writ petitions it was stated, inter alia, that the writ-petitioner is a world renowned multi-national company operating in Bangladesh. As per the audited account for the year, 2005 the total turnover of the writ-petitioner was TK. 9.71 billion as on 31.12.2005 and it has re-invested TK.217 mill......nd respondent No.1 shall file the concise statement within one week thereafter. The appeal is fixed for hearing on October 10, 2011. Ed. This Case is also Reported in: VIII ADC (2011) 551. ..Category: Fiscal/Taxation Law | Date: | Hits: 168
Chairman, National Housing Authority Vs. M/s. MR. Trading Co. and others, 2011, 40 CLC (AD)
.......................Respondents Judgment June 2, 2011. Result: The appeal is allowed. Cases Referred to- Majidunnessa Begum Vs. Province of East Pakistan and others, 1 BLD(HCD) 363; Chandan Mull Indra Kumar and others Vs. Chiman Lal Girdhar Das Parekh and another, AIR 1940 (PC) 3; R...... order dated 2nd June, 2008 of a Division Bench of the High Court Division in First Appeal No.276 of 2004. 2. Respondent No.1 instituted the suit seeking declaration, mandatory injunction and recovery of Tk. 29,64,51,760/-. According to the plaint case, the plaintiff being the lowest bidder was......he plaintiff. The appeal is, therefore, allowed without any order as to costs. The judgment of the High Court Division is set aside. Ed. This Case is also Reported in: VIII ADC (2011) 544. ..Category: Civil Law | Date: | Hits: 73
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