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Md. Iqbal Hossain Vs. Government of Bangladesh and others, 2011, 40 CLC (AD)

....y Election Commissioner and Retur­ning officer, Narayangonj City Corporation Election, the writ-petitioner preferred an appeal being Serial No.17 of 2011 before the Divisional Election Commissioner, Dhaka (writ respondent No.4) within the stipulated time. Writ respondent No. 4, rejected the appeal ...... Md. Shamsul Huda J Md. Iqbal Hossain……………….............Petitioner Vs. Government of Bangladesh, represented by the Secretary, Ministry of Local Government, Rural Development and Co-operatives (LGRD) and others..........................Respondents Judgment October 27,......Hossain CJ Surendra Kumar Sinha J MA Wahhab Miah J Syed Mahmud Hossain J Md.MamtazUddin Ahmed J Md. Shamsul Huda J Md. Iqbal Hossain……………….............Petitioner Vs. Government of Bangladesh, represented by the Secretary, Ministry of Local Government, Rural D......passed by the High Court Division. Accordingly, the civil petition for leave to appeal is dismissed with the observa­tion made above. Ed. This Case is also Reported in: 17 BLC (AD) (2012) 42. ..

Category: Election Law | Date: | Hits: 250

Shahid Hamid and another Vs. Nilufar Momtaz and anothe, 2011, 40 CLC (AD)

....nd decree dated 23-4-2008 passed by a Division Bench of the High Court Division in First Appeal No.154 of 2006 reversing those dated 1-6-2006 passed by the learned Joint District Judge, Second Court, Dhaka in Title Suit No.100 of 2006. 2. The facts involved in the appeal, in brief, are as follows...... Supreme Court Appellate Division (Civil) Present: Md. Muzammel Hossain CJ MA Wahhab Miah J Syed Mahmud Hossain J Md. Imman All J Md. Mamtaz Uddin Ahmed J Shahid Hamid and another....................................Appellants Vs. Nilufar Momtaz and another........... Md. Muzammel Hossain CJ MA Wahhab Miah J Syed Mahmud Hossain J Md. Imman All J Md. Mamtaz Uddin Ahmed J Shahid Hamid and another....................................Appellants Vs. Nilufar Momtaz and another..................................Respondents Judgment Dec......erference. Therefore, we do not find any substance in this appeal. Accordingly, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 17 BLC (AD) (2012) 34. ..

Category: Property Law | Date: | Hits: 81

Mantu Faraji alias Jamal Faraji and others Vs. Mahiuddin Khan, 1996, 25 CLC (HCD)

.... is a raiyati land within a village and so section 96 of the Act is attracted. In the result, the Rule is discharged without cost. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 147. ...... This Case is also Reported in: 50 DLR (HCD) (1998) 147. ......HCD) (1998) 147. ...... is a raiyati land within a village and so section 96 of the Act is attracted. In the result, the Rule is discharged without cost. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 147. ..

Category: Property Law | Date: | Hits: 70

Sabdul Ali (Md.) Vs. Md. Mabed Ali Sarker, 1997, 26 CLC (HCD)

.... Proceedings of the Non-GR Case No.157 of 1995 pending in the Court of the Magistrate, 1st Class, Zone Mymensingh, is hereby quashed. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 146. ......t Class, Zone-3, Mymensingh wherein this petitioner is the second party. 2. This Rule arises Out of the following circumstances: On 15-3-93. Md. Mabed Ali Sarker who is opposite party in this Rule and others instituted OC Suit No.66 of 1993 in the Court of Senior Assistant Judge, Sadar, Mymensing......e Court High Court Division (Criminal Miscellaneous Jurisdiction) Present: Md. Gholam Rabbani J Md. Nurul Islam J Sabdul Ali (Md.), son of late Syed Ali……………Petitioner Vs. Md. Mabed Ali Sarker, son of late Kasum Ali Sarker………….Opposite Party Judgment ...... Proceedings of the Non-GR Case No.157 of 1995 pending in the Court of the Magistrate, 1st Class, Zone Mymensingh, is hereby quashed. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 146. ..

Category: Property Law | Date: | Hits: 75

NFM Universeum Estate Ltd. Vs. ANM Obaidul Islam and others, 2004, 33 CLC (HCD)

.... Civil Rule No. 282 (F) of 2002. Judgment Md. Abdur Rashid J. - Defendant No. 14 presented the appeal against the decree dated 22‑11-­01 passed by the Fifth Court of Joint District Judge at Dhaka in Title Suit No. 135 of 1997, which decreed the suit. 2. One ANM Obaidul Islam, predecesso......t High Court Division (Civil Appellate Jurisdiction) Present: Md. Abdur Rashid J Syed ABM Huq J NFM Universeum Estate Ltd. .....................Appellant Vs. ANM Obaidul Islam and others......... Respondents Judgment April 20, 2004. Result: The appeal is dismissed......(2004) 563. ......rocedure for using said deed in the suit knowing it to be forged and fraudulent for criminal prosecution. Send down the records at once. Ed. This Case is also Reported in: 56 DLR (2004) 563. ..

Category: Property Law | Date: | Hits: 85

Sonali Bank Vs. Mahbubul Amin & others, 1989, 18 CLC (HCD)

....ce with law. The records be sent down at once. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 298. ......ution Case will proceed in accordance with law. Cases Referred to- AIR 1940 (Ma­dras) 29; AIR 1937 (Madras) 511; AIR 1931 (Madras) 650; 3 BCR 1983 (HCD) 339; M/s. M.M. Ispahani Vs. Sonali Bank and Ors., 1985 DLR (AD) 1. Lawyers Involved: Asrarul Hossain with Syed Sakhwat Ali - For petit......re. Supreme Court High Court Division (Dhaka Bench) (Civil Revisional Jurisdiction) Present: Latifur Rahman J Daliluddin Ahmed J Sonali Bank.....................Petitioner Vs. Mahbubul Amin & others..........................Opposite Parties Judgment February......Execution Case No.791 of 1986 is vacated. The Execution Case will proceed in accordance with law. The records be sent down at once. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 298. ..

Category: Procedural Law | Date: | Hits: 74

Abdus Samad & others Vs. State, 1989, 18 CLC (HCD)

....g with a prayer for bail after surrender, if so advised. Send down the records at once. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 291. ......udgment February 15, 1989. Result: The Rule is discharged. Cases Referred to- Chan Shah Vs. The Crown, PLD 1956 (FC) 43; Khalid Saigol Vs. The State, 14 DLR (SC) 321; Khalilur Rahman and anoth­er Vs. The State, 33 DLR 12; Nirmal Krishna Chandra and another Vs. The State; Gendan Lal...... 291. ......t with a fresh application on Revision along with a prayer for bail after surrender, if so advised. Send down the records at once. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 291. ..

Category: Criminal Law | Date: | Hits: 95

M. M. Rafiqul Hyder Vs. The State, 1988, 17 CLC (HCD)

....tc. belonging to the accused appellant may be returned to him after proper identification. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 274. ...... Vs. The State....................................Respondent Judgment November 10, 1988. Result: Cases Referred to- State Vs. Balshri Das Sutradhar, 13 DLR 289; Kalipada Nandi Vs. The State, AIR 1950 (Cal) 427; Emperior Vs. Kutub Bux, AIR 1930 Cal. 633, 634; Tamiz Mia Vs......ka Bench) (Criminal Appellate Jurisdiction) Present: Fazle Hossain Moham­mad Habibur Rahman J Mahmudul Amin Chowdhury J M. M. Rafiqul Hyder................................Appellant Vs. The State....................................Respondent Judgment November 10, 1988. ......cu­ments, articles of daily use, clothes etc. belonging to the accused appellant may be returned to him after proper identification. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 274. ..

Category: Criminal Law | Date: | Hits: 87

Secretary, Bangladesh Jute Corporation & another Vs. The Chairman, Second La­bour Court & another, 1989, 18 CLC (HCD)

....r interference. In the result the Rule is discharged but without any order as to costs. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 265. ......Writ Petition No. 471 of 1986. Judgment Mustafa Kamal J.- This Rule Nisi ob­tained under Article 102 of the Constitution of the People's Republic of Bangladesh calls into question the judgment and order dated 13.8.86 passed by the Chairman, 2nd Labour Court, Dhaka, respondent No.1, in Complai......ench) (Special Original Jurisdiction) Present: Mustafa Kamal J Mahmudul Amin Chowdhury J Secretary, Bangladesh Jute Corporation & another............................Petitioners Vs. The Chairman, Second La­bour Court & another...............................Respondents ......9.8.82. We, therefore, find no ground for interference. In the result the Rule is discharged but without any order as to costs. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 265. ..

Category: Labour and Industrial Law | Date: | Hits: 166

Abdul Hakim (Md.) Vs. Government of the People’s Republic of Bangladesh & others, 1997, 26 CLC (HCD)

....gladesh; Secretary, Ministry of Law, Justice and Parliamentary Affairs, Government of the People’s Republic of Bangladesh, Chairman, Bangladesh Public Service Commission, Old Airport Road, Tejgaon, Dhaka and Chairman, National Board of Revenue, Segun Bagicha, Dhaka. Let a copy of this Judgment ...... Bangladesh & others……………….Respondents Judgment July 1, 1997. Result: The Rule is made absolute. Case Referred To- Secretary, Ministry of Industries Vs. Saleh Ahnaed and another, BLD 1981 (AD) 91. Lawyers Involved: Azizul Hasan, Advocate - For the Petitioner. ......) (1998) 137. ......nt be also sent to the Principal Secretary to the Prime Minister in her office at Tejgaon, Dhaka for information and necessary action. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 137. ..

Category: Administrative Law | Date: | Hits: 183

Nirman International Ltd. Vs. Islam Steel Mills Ltd. and others, 1997, 26 CLC (HCD)

....-1995 issued an account payee cheque for Taka 1,00,00,000.00 in part payment of the outstanding balance. But on presentation of the same by the respondent 1 with its Banker, Janata Bank, BRTC Branch, Dhaka the cheque was dishonoured on 4-5-95 for non-arrangement of fund. Thereafter the respondent 1 ......ourt Division (Civil Miscellaneous Jurisdiction) Present: AM Mahmudur Rahman J Md. Nurul Islam J Nirman International Ltd…………………Appellant Vs. Islam Steel Mills Ltd. and others……………………Respondents Judgment February 5, 1997. Result: The app......re. Supreme Court High Court Division (Civil Miscellaneous Jurisdiction) Present: AM Mahmudur Rahman J Md. Nurul Islam J Nirman International Ltd…………………Appellant Vs. Islam Steel Mills Ltd. and others……………………Respondents Judgment February ...... learned brother has already discussed and observed very clearly the legal aspect on this point in view of case laws cited before us. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 125. ..

Category: Procedural Law | Date: | Hits: 118

Nurul Islam and others Vs. Khatibuddin Ahmed and others, 2004, 33 CLC (HCD)

....accordance with law on the evidence adduced by the parties, if any. Send down the copy of this judgment and order to Courts below at once. Ed. This Case is also Reported in: 56 DLR (2004) 545.......Courts below at once. Ed. This Case is also Reported in: 56 DLR (2004) 545....... 56 DLR (2004) 545.......accordance with law on the evidence adduced by the parties, if any. Send down the copy of this judgment and order to Courts below at once. Ed. This Case is also Reported in: 56 DLR (2004) 545...

Category: Civil Law | Date: | Hits: 74

Government of Bangladesh Vs. Syed Rashid Ahmed Ehsan @ Syed Abdur Rashid and others, 2010, 39 CLC (HCD)

.... Result: The Rule is discharged. Cases Referred To- Nur Mohammed & others Vs. Moulvi Mainuddin Ahmed and others, 6 BLD (AD) 342; Director of Housing and Settlement, Segunbagicha, Ramna, Dhaka Vs. Abdul Majid Howlader and others, 24 BLD (AD) 56; Alizan Vs. Bangladesh, 37 DLR (AD) 161; S......azzam Husain J Government of Bangladesh, represented by the Deputy Commissioner, Sylhet..................Defendant No.1-Appellant-Petitioner. Vs. Syed Rashid Ahmed Ehsan @ Syed Abdur Rashid and others................Plaintiff- Respondent-Opposite parties. Judgment August 19, 2010. ...... (Civil) Present: Sheikh Abdul Awal J M. Moazzam Husain J Government of Bangladesh, represented by the Deputy Commissioner, Sylhet..................Defendant No.1-Appellant-Petitioner. Vs. Syed Rashid Ahmed Ehsan @ Syed Abdur Rashid and others................Plaintiff- Respondent-......er of stay granted earlier by this Court stands vacated. Let a copy of the judgment along with lower Courts record be sent down at once. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 49...

Category: Property Law | Date: | Hits: 64

Khondaker Fazlul Haque and another Vs. State, 2003, 32 CLC (HCD)

....s 409/402/109 of the Penal Code read with section 5(2) of the Anti‑Corruption Act, 1947 arising out of BAC GR Case No.33 of 2002 now pending in the Court of Metropolitan Senior Special Judge Court, Dhaka. 3. Bureau of Anti‑Corruption lodged a first information report against the petitioners a......s also Reported in: 57 DLR (2005) 166. ......rt Division (Criminal Revisional Jurisdiction) Present: SM Dastagir Husain J Mamnoon Rahman J Khondaker Fazlul Haque and another………………………………….Petitioners Vs. State…………………………………………………………………………….......inclined to quash the proceeding at this stage. Accordingly, the Rule is discharged. Stay granted earlier by this Court is hereby vacated. Ed. This Case is also Reported in: 57 DLR (2005) 166. ..

Category: Criminal Law | Date: | Hits: 93

Md. Mosharaf Hossain Sukani Vs. State and another, 2009, 38 CLC (HCD)

....ave the case investigated by the Rapid Action Battalion (RAB) and the said decision of the Government having been communicated to the Director General, Rapid Action Battalion Rab Forces Head Quarter, Dhaka under Memo No.স্বঃমঃ (আইন)-২ র‌্যাব-পি এঃ (৪৮) ২......me Court High Court Division (Criminal) Present: Siddiqur Rahman Miah J Md. Ataur Rahman Khan J Md. Mosharaf Hossain Sukani………………………Petitioner Vs. The State and another……………………Opposite parties Judgment June 3, 2009. Result: The ......011) 35. ......d for. Hence the Rule fails. In the result, the Rule is discharged. Order of stay stands vacated. Send down the LCR at once. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 35. ..

Category: Criminal Law | Date: | Hits: 76

Adilur Rahman Khan Vs. Bangladesh, 2008, 37 CLC (HCD)

....n (Special Original Jurisdiction) Present: Mir Hashmat Ali J Shamim Hasnain J Adilur Rahman Khan, son of Dr. Ashequr Rahman Khan, House No.35 (Ground Floor), Road No.117, Gulshan, Dhaka-1212 and others………………….Petitioners Vs. Bangladesh, Represented by the Secr......al Original Jurisdiction) Present: Mir Hashmat Ali J Shamim Hasnain J Adilur Rahman Khan, son of Dr. Ashequr Rahman Khan, House No.35 (Ground Floor), Road No.117, Gulshan, Dhaka-1212 and others………………….Petitioners Vs. Bangladesh, Represented by the Secretary, Pres......shmat Ali J Shamim Hasnain J Adilur Rahman Khan, son of Dr. Ashequr Rahman Khan, House No.35 (Ground Floor), Road No.117, Gulshan, Dhaka-1212 and others………………….Petitioners Vs. Bangladesh, Represented by the Secretary, President Secretariat, Bangabhaban, P.S.-Motigheel,......hority and are of no legal effect. We are grateful to the members of the bar who have actively assisted us. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 3; 16 BLC (HCD) (2011) 100. ..

Category: Constitutional Law | Date: | Hits: 264

Abdul Quddus Vs. Syed Moinul Ahsan Sajjad, 2010, 39 CLC (HCD)

.... Mr. Md. Matiar Rahman, Advocate − For the oppositeparty. Civil Revision No. 3056 of 2009. (Against the judgment and order dated 16.8.2009 passed by the Additional District Judge, 1st Court, Dhaka in Miscellaneous Appeal No.27 of 2009 as to the custody of children.)  Judgment Sye.....................Opposite party Judgment February 7, 2010. Result: The Rule is disposed of. Lawyers Involved: Mrs. Fauzia Karim Firoze, Advocate with Mr. Md. Tashaddak Hasan, Advocate and Mr. Khandaker Aminul Haque, Advocate − For the petitioner. Mr. Yusuf HossainHumayun, Advoca......1, 15 BLC (HCD) (2010) 321, 16 BLC (HCD) (2011) 166. ......ipt of this order.  Office is directed to communicate the order at once. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 1, 15 BLC (HCD) (2010) 321, 16 BLC (HCD) (2011) 166. ..

Category: Family Law | Date: | Hits: 171

Eastern Bank Ltd. and another Vs. Sufia Re‑Rolling Mills and Steel Ltd. and others, 2004, 33 CLC (HCD)

....o 6. First Appeal No. 108 of 1999. Judgment Md. Abdur Rashid J. - Defendant Nos. 1 and 2 presented the appeal against the decree dated 11‑1‑99 passed by Subordinate Judge, Court No. 3 at Dhaka in Money Suit No. 47 of 1991, which decreed the suit. Respondent Nos. I to 6 as plaintiffs ....... This Case is also Reported in: 56 DLR (2004) 530. ...... 530. ......d and order of stay granted therein is recalled and vacated. Parties are directed to bear their own cost. Send down the records at once. Ed. This Case is also Reported in: 56 DLR (2004) 530. ..

Category: Civil Law | Date: | Hits: 92

Dr. Ahmed Husain Vs. Chairman, Bangladesh Telegraph and Telephone Board, Dhaka and others, 1997, 26 CLC (HCD)

....ivision (Special Original Jurisdiction) Present: KM Hasan J Md. Tafazzul Islam J Dr. Ahmed Husain……………Petitioner Vs. Chairman, Bangladesh Telegraph and Telephone Board, Dhaka and others…………Respondents Judgment November 12, 1997. Result: The Rule is ......Court High Court Division (Special Original Jurisdiction) Present: KM Hasan J Md. Tafazzul Islam J Dr. Ahmed Husain……………Petitioner Vs. Chairman, Bangladesh Telegraph and Telephone Board, Dhaka and others…………Respondents Judgment November 12, 1997. Re......in: 50 DLR (HCD) (1998) 115. ...... without any order as to cost. Stay order granted earlier in respect of realisation of the disputed portion of VAT is hereby vacated. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 115. ..

Category: Fiscal/Taxation Law | Date: | Hits: 138

IFIC Bank Ltd. and others Vs. Beximco Holdings Ltd. and others, 2004, 33 CLC (HCD)

....04 with Civil Rule No. 645(FM) of 2004. Judgment Md. Abdur Rashid J.- Defendants presented the appeal against an order dated 27‑10‑2004 passed by Joint District Judge, Court No.5 in Dhaka in Title Suit No.191 of 2004, which granted temporary injunction restraining the defendants fr......This Case is also Reported in: 57 DLR (2005) 154....... Court High Court Division (Civil Appellate Jurisdiction) Present: Md. Abdur Rashid J Md. Ataur Rahman Khan J IFIC Bank Ltd. and others.................................Appellants Vs. Beximco Holdings Ltd. and others ...................Respondents Judgment November 8, 20......ion for temporary injunction is also dismissed. Connected Civil Rule No. 654 (FM) of 2004 is accordingly disposed of. Communicate at once. Ed. This Case is also Reported in: 57 DLR (2005) 154...

Category: Civil Law | Date: | Hits: 71