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Ramizuddin and others Vs. Abdul Hamid, 2009, 38 CLC (HCD)

....o title accrued to the defendants and the same also is not binding upon the plaintiff. Thereafter, the plaintiff filed this suit for the relief's mentioned the plaint. In the plaint the Government of Bangladesh and the Assistant Commissioner (Land) were impleaded as defendants, the above petitioners......r as to costs. The impugned Judgment and order passed by the Appellate Court allowing the withdrawal of the suit is, hereby, set aside. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 434....... Parties. Civil Revision No. 4018 of 1999. Judgment Md. Mamtazuddin Ahmed J.- The Rule arises at the instance of the defendants on the following terms: "Let the records need not be called for and a Rule be issued calling upon the opposite party No.1 to show cause as to why the order date......r as to costs. The impugned Judgment and order passed by the Appellate Court allowing the withdrawal of the suit is, hereby, set aside. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 434...

Category: Procedural Law | Date: | Hits: 108

Abdul Kabir Vs. State, 1998, 27 CLC (HCD)

.... Judgment April 1, 1998. Result: The Rule is discharged. Cases Referred to- Abul Basher Vs. State, 47 DLR 521; Shantosh Bhushan Das Vs. the State, 4 BLT (AD) 58; Mostafizur Rahman Vs. Bangladesh, 49 DLR 599; Santosh Bhusan Das Vs. State, 4 BLT (AD) 58. Lawyers Involved: Not Repr......sh the proceedings of that case. In the result, the Rule is discharged. Communicate the order to the Magistrate concerned at once. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 306. ......oner Abdul Kabir was served with a notice by the competent officer of the Bureau of Anti-Corruption under section 4 of the Anti-Corruption Act, 1957. In reply to the notice he submitted a statement before the authority about the matter. On inquiry, the Bureau of Anti-Corruption found that the statem......sh the proceedings of that case. In the result, the Rule is discharged. Communicate the order to the Magistrate concerned at once. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 306. ..

Category: Criminal Law | Date: | Hits: 109

MJL Bangladesh Ltd. Vs. Commissioner, Customs Excise and VAT and others, 2010, 39 CLC (HCD)

..... This Case is also Reported in: 63 DLR (HCD) (2011) 257. ......by the VAT authority in its entirety as per statement given in Annexure-'Z' of the supplementary affidavit dated 25-7-2010 forthwith. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 257. ......man, Assistant Attorney-General - For the Respondent No.1. Writ Petition No.4681 of 2010. Judgment Md. Ashfaqul Islam J.- Let the supplementary affidavits filed on behalf of the petitioner before this Division be formed part of the main petition. 2. At the instance of the petitioner MLJ ......by the VAT authority in its entirety as per statement given in Annexure-'Z' of the supplementary affidavit dated 25-7-2010 forthwith. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 257. ..

Category: Fiscal/Taxation Law | Date: | Hits: 269

Abdul Jalil & other Vs. Islami Bank Bangla­desh Ltd. and others, 2011, 40 CLC (AD)

....1998 but that Civil Review Petition also was dismissed by the judgment and order dated 25-5-1998. 5. The contesting defendants thereafter sold 0.8372 acre of land of CS Plot 371 to the Islami Bank Bangladesh Limited by a registered kabala dated 28-7-1998. After this sale the same 40 plain­tiffs ......th the impugned judgment of the High Court Division. In the result, the appeal is dismissed on contest without any order as to costs. Ed. This Case is also Reported in: 64 DLR (AD) (2012) 107.......e order dated 27-7-1999 passed by the Subordinate Judge, 5th Court, Dhaka, in Title Suit No.42 of 1999 rejecting an application of the defendants under Order 7, rule 11 of the Code of Civil Procedure for rejection of plaint. By the impugned order dated 18-11-1999 the High Court Division made the rul......th the impugned judgment of the High Court Division. In the result, the appeal is dismissed on contest without any order as to costs. Ed. This Case is also Reported in: 64 DLR (AD) (2012) 107...

Category: Procedural Law | Date: | Hits: 108

Major (Retd.) M Khairuzzaman Vs. State, 1997, 26 CLC (HCD)

....s-I) to the petitioner in Dhaka Central Jail is connection with Lalbagh PS Case No.1 11(11)75 as under-trial prisoner. 2. It is stated in the application that the petitioner was an Army Officer in Bangladesh Army with a good record of service and reputation. He comes of an enlightened distinguish......tioner in the Dhaka Central Jail as under-trial prisoner in connection with Lalbagh PS Case No.11(11)75 till the disposal of that case. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 283.......ood record of service and reputation. He comes of an enlightened distinguished well-to-do Muslim family of this country. The petitioner was arrested by the Police on 13-8-1996 in connection with the aforesaid case. At the time of his arrest he was serving in the Ministry of Foreign Affairs as Direct......tioner in the Dhaka Central Jail as under-trial prisoner in connection with Lalbagh PS Case No.11(11)75 till the disposal of that case. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 283...

Category: Criminal Law | Date: | Hits: 105

Salma Islam Vs. Parveen Banu & others, 1997, 26 CLC (HCD)

....sult, the appeal is dismissed without any order as to costs. The connected Civil Rule No. 208(f) of 1985 is accordingly disposed of. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 280.......sult, the appeal is dismissed without any order as to costs. The connected Civil Rule No. 208(f) of 1985 is accordingly disposed of. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 280.......cted against the judgment and decree dated 9-5-95 passed by the learned Subordinate Judge, First Court, Dhaka in Money Suit No.16 of 1991 dismissing the suit. 2. The plaintiff-appellant filed the aforesaid money suit alleging, inter alia, that one MA Nasir, husband of defendant-respondent No.1 an......sult, the appeal is dismissed without any order as to costs. The connected Civil Rule No. 208(f) of 1985 is accordingly disposed of. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 280...

Category: Property Law | Date: | Hits: 144

Laxmi Janardhan Jew Thakur and 3 others Vs. Government of the People’s Republic of Bangladesh and others, 1998, 27 CLC (HCD)

....risdiction) Present: Qazi Shafiuddin J Syed JR Mudassir Husain J Laxmi Janardhan Jew Thakur and 3 others…………………Petitioners Vs. Government of the People’s Republic of Bangladesh, represented by the Secretary Ministry of Industries, and others………………Respond......stered without any lawful authority and is of no legal effect so far it relates to the property of deed of Endowment dated 25-9-1903. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 273. ......volved: MI Faruque with Salimullah, Advocate - For the Petitioners. AFM Shahid, Deputy Attorney-General - For Respondent Nos. 1-3. AF Hasan Ariff Advocate - For Respondent No.4. SK Sinha for Habibul Islam Bhuiyan, Advocates - For added Respondent No.8. Writ Petition No.4127 of 1992. ......stered without any lawful authority and is of no legal effect so far it relates to the property of deed of Endowment dated 25-9-1903. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 273. ..

Category: Property Law | Date: | Hits: 85

Monjurur Rahman (Md.) Vs. Dr. Naimur Rahman, 1998, 27 CLC (HCD)

..../49 pound sterling in the names of Mr. M Rahman and Dr. N Rahman on 30th November, 1973. This amount is equivalent to Taka 1,92,044.00 on the basis of a certificate about the rate of exchange between Bangladesh taka and pound sterling as on 24th November, 1973, furnished by the Manager of Pubali Ban......t, the appeal is dismissed. The Judgment and decree passed by the Court below is upheld. Parties are directed to bear their own cost. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 266. ...... the ins of the plaintiff is directed against the Judgment decree dated 21-9-1995 passed by the learned Subordinate Judge, 4th Artha Rin Adalat, Dhaka, in Title Suit No. 32 of 1993 decreeing the suit for partition in preliminary form declaring share of the plaintiff to the extent of 50% in respect o......t, the appeal is dismissed. The Judgment and decree passed by the Court below is upheld. Parties are directed to bear their own cost. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 266. ..

Category: Property Law | Date: | Hits: 109

Mahbub Alam Vs. Commissioner, Customs, Excise and VAT, Sylhet and others, 2010, 39 CLC (HCD)

....…………….Respondents Judgment June 6, 2010. Result: The Rule is discharged and the petition dated 18-5-2010 for direction is rejected. Cases Referred to- Khalilur Rahman Vs. Bangladesh, 2000 BLD (AD) 152; 52 DLR (AD) 115; Shamsunnahar Salam Vs. Md. Wahidur Rahman, 51 DLR (A......dgment and order to the Special Tribunal concerned for necessary action and the Respondent No.1 for information and necessary action. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 395. ...... Vs. Commissioner, Customs, Excise and VAT, Sylhet and others………………….Respondents Judgment June 6, 2010. Result: The Rule is discharged and the petition dated 18-5-2010 for direction is rejected. Cases Referred to- Khalilur Rahman Vs. Bangladesh, 2000 BLD (AD) 15......dgment and order to the Special Tribunal concerned for necessary action and the Respondent No.1 for information and necessary action. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 395. ..

Category: Fiscal/Taxation Law | Date: | Hits: 177

Rafiqul Islam Vs. State and another, 2009, 38 CLC (HCD)

....arned Additional Metropolitan Sessions Judge, Chittagong should not be quashed. 2. Necessary facts for the purpose of disposal of this Rule is that, the complainant opposite party No.2 Islami Bank Bangladesh Limited filed CR Case No.138 of 2007 in the Court of Chief Metropolitan Magistrate, Chitt......g is hereby quashed. Communicate the order to the Court of the learned Additional Metropolitan Sessions Judge, Chittagong, forthwith. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 377. ......f 2007 under section 138 of the Negotiable Instrument Act, 1881 now pending in the Court of the learned Additional Metropolitan Sessions Judge, Chittagong should not be quashed. 2. Necessary facts for the purpose of disposal of this Rule is that, the complainant opposite party No.2 Islami Bank Ba......g is hereby quashed. Communicate the order to the Court of the learned Additional Metropolitan Sessions Judge, Chittagong, forthwith. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 377. ..

Category: Civil Law | Date: | Hits: 150

Abdul Malek Vs. District Co-operative Officer, Cox’s Bazar and others, 1997, 26 CLC (HCD)

....en made without lawful authority and is of no legal effect. In the facts and circumstances of the case there no order as to costs. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 426. ......he time of hearing of the Rule none appeared for the respondents. 9. Mr. Ismail, the learned Advocate appearing for the petitioner, submitted that the petitioner being a member of the Co-operative Society and that the dispute being a dispute between the members of a Co-operative Society and a Co-......ality of an order contained in Memo No.1st 236/84/1112/7 dated 9-8-1988 (Annexure I to the petition) passed by the respondent No.1 purporting to withdrawal of the Dispute Case No.10 of 1988 pending before the respondent No.2 arbitrator. 2. The petitioner obtained a Rule Nisi upon the respondents ......en made without lawful authority and is of no legal effect. In the facts and circumstances of the case there no order as to costs. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 426. ..

Category: Civil Law | Date: | Hits: 128

Mahboob Uddin Ahmed Vs. Bangladesh Election Commissioner, and others, 1998, 27 CLC (HCD)

....HCD) (1998) 417. ......pondent No.1 Bangladesh Election Commission at once addressing it to the Chief Election Commissioner, Bangladesh Election Commission. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 417. ......polling took place on 12-6-96. The petitioner as well as some more candidates contested the election, but the principal contestants were the petitioner and late Dr. Ehtesamul Hoq Nasim Biswas, son of former President, Abdur Rahman Biswas. It is stated by the petitioner that Dr. Nasim Biswas was decl......pondent No.1 Bangladesh Election Commission at once addressing it to the Chief Election Commissioner, Bangladesh Election Commission. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 417. ..

Category: Election Law | Date: | Hits: 162

Jiban Bima Corporation Vs. Mustafa Hussain & another, 1997, 26 CLC (HCD)

....r Vs. Mustafa Hussain & another……………………Opposite-Parties Judgment November 27, 1997. Result: The Rule is discharged. Cases Referred to- Helaluddin Ahmed Vs. Bangladesh, 45 DLR (AD) 1; Manager, Personal Division Vs. Md. Sazaban Miah & others, 35 DLR 224;......ost of Taka 2,000.00. The impugned judgment and decree are affirmed. Let the records of the Courts below be sent down immediately. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 411. ...... Result: The Rule is discharged. Cases Referred to- Helaluddin Ahmed Vs. Bangladesh, 45 DLR (AD) 1; Manager, Personal Division Vs. Md. Sazaban Miah & others, 35 DLR 224; Civil Petition for Special Leave to Appeal Leave (CPSLA) No.299/83; Dhunat Degree College and others Vs. Md. Abdus ......ost of Taka 2,000.00. The impugned judgment and decree are affirmed. Let the records of the Courts below be sent down immediately. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 411. ..

Category: Employment/Service Law | Date: | Hits: 182

Syed Wali Mohammad Salehuddin, 1990, 19 CLC (HCD)

.... (Testamentary and Intestate Jurisdiction) Present: Anwarul Hoque Chowdhury J Syed Wali Mohammad Salehuddin, Administrator General, Official Trustee and Official Receiver, Govern­ment of Bangladesh ............Petitioner. Judgment January 4, 1990. Result: The application is ......further order as to costs. The assistance given by Mr. Ahmed Nurur Reza and Mr. Saidur Rahman at the time of hearing is appreciated. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 268.......itioner. No one- For the Opposite Parties. Application No.2 of 1988. Judgment Anwarul Hoque Chowdhury J. -This application under section 11(1) of the Administrator General's Act, 1913, is for permission to sell trust properties of the estate of Rai Bihari Lai Maitra Bahadur, a Zamindar a......further order as to costs. The assistance given by Mr. Ahmed Nurur Reza and Mr. Saidur Rahman at the time of hearing is appreciated. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 268...

Category: Trust/Waqf Law | Date: | Hits: 166

Pabna Motor Employees Association Vs. Member, Labour Appellate Tribunal and others, 1991, 20 CLC (HCD)

...., Labour Appellate Tribunal and others...............Respondents Judgment May 20, 1991. Result: The Rule is discharged. Cases Referred to- Dada Match Workers Union Vs. Government of Bangladesh and others, 29 DLR 188; Khulna Shipyard Employees Union Vs. General Manager, Khulna Shipy......eason to quash the judgment and order impeached in this writ petition. The result is: we discharge the Rule. No order as to costs. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 265. ......ve been made without any lawful authority and is of no legal effect. 2. The opposite party 4, the President and the opposite party 5, the General Secretary of the said Union filed an application before the respondent No.3, the Registrar of Trade Unions, Rajshahi Division, Rajshahi, under section ......eason to quash the judgment and order impeached in this writ petition. The result is: we discharge the Rule. No order as to costs. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 265. ..

Category: Labour and Industrial Law | Date: | Hits: 171

Rehana Ahmed and others Vs. Nahar Shipping Lines Lim­ited, 1990, 19 CLC (HCD)

....ctor of the Company respectively. However, the bank account of the company was opened and operated by joint signatures of the respondent No.2 and late Md. Ashraf Ahmed. The company obtained loan from Bangladesh Shilpa Rin Sangstha (BSRS) Respondent No.3 and the Investment Corporation of Bangladesh (......pplication is dismissed, but without any order as to costs. The restrictive orders and undertaking passed and given are hereby vacated. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 256....... Petitioners. M Nurullah with MA Wahab, Advocates ‑For the Respondents. Matter No.24 of 1988 Judgment This is an application under section 166 read with section 162 of the Companies Act for winding up of Nahar Shipping Lines Ltd. having its office at Red Cross Chamber Building, 4th Flo......pplication is dismissed, but without any order as to costs. The restrictive orders and undertaking passed and given are hereby vacated. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 256...

Category: Company Law | Date: | Hits: 233

M.A. Mannan Vs. Biman Bangladesh Air Lines, 1989, 18 CLC (HCD)

....rt High Court Division (Dhaka Bench) (Special Original Jurisdiction) Present: Mustafa Kamal J Nurul Hoque Bhuyia J M.A. Mannan........................Petitioner Vs. Biman Bangladesh Air Lines........................Respondents Judgment March 6, 1989. Lawyers Inv...... impugned order, namely, Annexure-G is hereby declared to have been passed without any lawful authority and to be of no legal effect. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 318. ......nd to be of no legal effect. 2. The petitioner's case is that he was a Manager, Operational Control of the Biman Bangladesh Air Lines Corporation and he had been in the services of the Corporation for over 29 years. On 30.3.87 the Director of Flight Operation, passed an order directing the petiti...... impugned order, namely, Annexure-G is hereby declared to have been passed without any lawful authority and to be of no legal effect. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 318. ..

Category: Employment/Service Law | Date: | Hits: 225

Sazedur Rahman (Md.) Vs. Secretary, Ministry of Establishment, 1998, 27 CLC (HCD)

....diction) Present: K M Hasan J Md. Tafazzul Islam J Sazedur Rahman (Md.)……………………Petitioner Vs. Secretary, Ministry of Establishment, Superior Appointment Division, 4, Bangladesh Secretariat, Dhaka and others……………………Respondents Judgment March 23,......is discharged without any order as to cost. The operation of this Judgment be stayed for a period of 15 (fifteen) days from today. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 407. ......ntre, Chittagong. Thereafter, he held several posts and was promoted as Deputy Director on 30-5-83; whereas the respondent No.4 was promoted as Deputy Director of the said department on 4-10-88. Therefore, as a Deputy Director the petitioner claims to be senior to respondent No.4 by about five and h......is discharged without any order as to cost. The operation of this Judgment be stayed for a period of 15 (fifteen) days from today. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 407. ..

Category: Administrative Law | Date: | Hits: 326

Mostafa Kamal Vs. Chief Election Commissioner and others, 1997, 26 CLC (HCD)

....l before filing of the present Writ Petition before this Court. Accordingly, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 260. ......l before filing of the present Writ Petition before this Court. Accordingly, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 260. ......irman and members of Chanpur Union Parishad within Thana Mehendiganj. District Barisal was declared by the Government to be held on 5-10-92. The respondent No.5 was appointed as the Returning Officer for conducting the said election and he notified the dates of filing nomination papers, scrutiny of ......l before filing of the present Writ Petition before this Court. Accordingly, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 260. ..

Category: Election Law | Date: | Hits: 154

Aftabuddin (Md.) Vs. State and others, 2010, 39 CLC (HCD)

....d rec­ommend the Ministry of Law to review the provi­sions of section 199 of the Code of Criminal Procedure, 1898, that was enacted long before adopting the Constitution of the People's Republic of Bangladesh, guaranteeing some fundamental rights to each citizen of the country. Whereas, the provis......y to the Law Commission, Old High Court Bhaban. Communicate the order at once to the Court concerned for information and compliance. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 235.......r police station Non FIR prosecution No.295 dated 12-9-2001 under sections 495/497/109 of the Penal Code, alleging inter alia that, one Rokeya Begum, accused No.2, is the wife of Ekramul Kabir, the informant; that the accused No.2 without the consent of the informant got herself married with one Mr.......y to the Law Commission, Old High Court Bhaban. Communicate the order at once to the Court concerned for information and compliance. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 235...

Category: Criminal Law | Date: | Hits: 79