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M Mahmood Vs. Bangladesh, represented by the Secretary, Ministry of Home Affairs and another, 1991, 20 CLC (HCD)

.... Ministry of Home Affairs and another.............Respondents. Judgment February 11, 1991. Cases Referred to- Liversidge Vs. Sir John Anderson and another (1942 AC 206); Golam Jilani Vs. Government of West Pakistan (19 DLR (SC) 403), Mir Abdul Baqi Baluch Vs. Government of Pakistan (20 ......, PS Gulshan, Dhaka now detained in Dhaka Central Jail be at once released from custody if not wanted in connection with any‑other case. Ed. This Case is also Reported in: 43 DLR (1991) 372. ..

Category: Constitutional Law | Date: | Hits: 178

Government of Bangladesh and others Vs. Md. Mustafizur Rahman Kanchan, 2011, 40 CLC (AD)

....eported in: ......eration of the judgment and order dated 08.04.2010 passed by the High Court Division in Writ Petition No.1086 of 2009 be stayed till disposal of the appeal. Ed. This Case is also Reported in: ..

Category: Fiscal/Taxation Law | Date: | Hits: 96

M. Akbar Ali Vs. Government of Bangladesh, 2011, 40 CLC (AD)

....Md. Abdul Wahhab Miah J Nazmun Ara Sultana J Muhammad Imman Ali J Muhammed Mamtaz Uddin Ahmed J Md. Shamsul Huda J M. Akbar Ali, son of late Akel Ali...............Petitioner Vs. Government of Bangladesh and others.........Respondents Judgment May 26, 2011. Result: T......, we are of the view that the order of status quo was rightly vacated. Hence, we do not find any merit in this petition, which is dismissed. Ed. This Case is also Reported in: 9 ADC (2012) 433. ..

Category: Others | Date: | Hits: 148

Bera Pourashava and another Vs. Government of Bangladesh and others, 2011, 40 CLC (AD)

.... Bera Pourashava and another………………Appellants (In Civil Appeal No.218 of 2007) Md. Abdul Mazid ..............................Petitioner (In Civil Appeal No.126 of 2006) Vs. The Government of Bangladesh and others.......Respondents (In both the cases) Judgment June 07, 2......gment and order dated 11.05.2005 passed by the High Court Division in respect of Writ Petition Nos.5036 of 2002 and 3007 of 2003 are hereby set aside. Ed. This Case is also Reported in: ..

Category: Election Law | Date: | Hits: 152

Government of Bangladesh and another Vs. Lutfun Nessa and others, 2010, 39 CLC (AD)

....upreme Court Appellate Division (Civil) Present: Mohammad Fazlul Karim CJ Shah Abu Nayeem Mominur Rahman J ABM Khairul Haque J Md. Muzammel Hossain J Surendra Kumar Sinha J Government of Bangladesh and another………..Petitioners (In Civil Petition No.1996 of 2009.) N......n the submissions of the learned Counsel for the petitioners. Accordingly, the petitions are dis­missed. Ed. This Case is also Reported in: 16 MLR (AD) (2011) 141, VIII ADC (2011) 189. ..

Category: Property Law | Date: | Hits: 93

Bangladesh Vs. Md. Abdul Alim and others, 2010, 39 CLC (AD)

....lied with such direction, there has been a waiver of the right to file leave petition and as such leave petitions are incompetent. It is fur­ther contended that there was no waiver in impleading the Government of Bangladesh in the application before the Administration Tribunal, inasmuch as, at the ...... and the respondents within 2(two) weeks thereafter to make the appeals ready. The appeals are fixed for hearing on 22nd February, 2011. Ed. This Case is also Reported in: VIII ADC (2011) 185...

Category: Administrative Law | Date: | Hits: 188

Abdus Sobhan Vs. Harekrishna Kundu and another, 1988, 17 CLC (HCD)

.... Exhibit 2 it appears that the parties compromised the case outside the Court and the accused were acquitted. This witness further testified that Exhibit 3 was sent to all relevant authorities to the Government just to injure him in the estimation of public. He further stated that false, baseless an......,000.00 (Tk. five thousand) only as damages. In the result, the appeal is allowed. Since there is no appearance we do not award any costs. Ed. This Case is also Reported in: 43 DLR (1991) 314...

Category: Civil Law | Date: | Hits: 89

Government of Bangladesh Vs. Abdul Wahid Sheikh (dead) his heirs & others, 1990, 19 CLC (HCD)

.... This Case is also Reported in: 43 DLR (1991) 308. ......gment delivered by the learned Subordinate Judge also abates. The appeal is, accordingly, disposed of. There shall be no order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 308. ..

Category: Property Law | Date: | Hits: 77

Captain Shamsul Alam Chowdhury Vs. Shirin Alam Chowdhury, 1991, 20 CLC (HCD)

..... 3. The case of the petitioner as stated in his plaint in the aforesaid suit No. 10 of 1987 in short is that he obtained Master Mariner (Certificate of Competency) from the Ministry of Transport, Government of United Kingdom and served with various foreign Shipping Companies and in 1968 he joine......l made by the petitioner under section 17 of the Family Courts Ordinance on merit in accordance with law. There will be no order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 297...

Category: Family Law | Date: | Hits: 230

AHM Kamaluddin another Vs. The State, 1989, 18 CLC (HCD)

....ge acted illegally in not specifying the date on which the trial of Special Case No. 23 of 1987 should be deemed to have stood stopped, that the order of the learned Divisional Special Judge that the Government may take step for revival of the case if so desired is illegal and without jurisdiction, ......the result, the application is summarily rejected. Let a copy of this judgment be sent to the Court of the Divisional Special Judge, Dhaka. Ed. This Case is also Reported in: 43 DLR (1991) 294. ..

Category: Criminal Law | Date: | Hits: 63

Jahangir Nagar University Co‑operative Housing Society Vs. Mujibur Rahman (Md.) & others, 1990, 19 CLC (HCD)

....tion. The rule is accordingly discharged without any order as to costs. The order of stay granted earlier by this Court is hereby vacated. Ed. This Case is also Reported in: 43 DLR (1991) 282.......tion. The rule is accordingly discharged without any order as to costs. The order of stay granted earlier by this Court is hereby vacated. Ed. This Case is also Reported in: 43 DLR (1991) 282...

Category: Property Law | Date: | Hits: 146

Bangladesh Chemical Industries Corporation & others Vs. Grand Basia Company Limited & others, 1990, 19 CLC (HCD)

....ssets of M/s Ferdous Tannery but the defendant did not deliver the possession of the suit properties. He was given part possession of the suit properties. On 25.8.78 an agreement was made between the Government and himself for the sale of the suit properties but the delivery of possession was not gi......formance of contract is dismissed. There will, however, be no order as to costs. Let the lower Court's records be sent down immediately. Ed. This Case is also Reported in: 43 DLR (1991) 256. ..

Category: Property Law | Date: | Hits: 73

Serajul Islam Vs. The Director General of Food, 1990, 19 CLC (HCD)

.... including the matters provided for in Part‑IX and award of the penalties or punishments; (b) the acquisition, administration, management and disposal of any property vested in or managed by the Government by or under any law including the operation and management of, and service in any nationa......In the result, on the grounds stated above the application of the petitioner is summarily rejected. The prayer for certificate is refused. Ed. This Case is also Reported in: 43 DLR (1991) 237...

Category: Administrative Law | Date: | Hits: 175

Matiur Rahman Vs. Election Commission and Others, 1990, 19 CLC (HCD)

....bmission of the learned Advocate for the petitioner that the Election Commissioner under their plenary powers of holding and conducting the elections fairly and properly under section 19 of the Local Government (Upazila Parishad and Upazila Administration Re‑organisation) Ordinance, 1982 can set r......as duly corrected the mistake brought to his nod through this Courts. Accordingly the Rule is made absolute without any order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 229...

Category: Election Law | Date: | Hits: 112

Chevron Lines Vs. Chairman, Bangladesh Oil, Gas and Mineral Cor­poration, 1990, 19 CLC (HCD)

....the respondent No. 4 on several grounds. Relying on the decision in the case of Sharping Natsajibi Samabaya Samity, 39 DLR (AD) 85, his first ground is that Petrobangla king an instrumentality of the Government is subject to the same constitutional and legal limitations as imposed under the Governme......e said to be arbitrary or mala fide in any manner. Impugned letter of intent dated 1.1.1990 has therefore been issued lawfully and validly. Ed. This Case is also Reported in: 43 DLR (1991) 218. ..

Category: Others | Date: | Hits: 131

Hussain Mohammad Ershad Vs. State, 1991, 20 CLC (HCD)

....a Central Jail on 18.4.91. After the said President was taken from his Sena Bhaban residence to Gulshan House No. 10, Road No. 84, the said Sena Bhaban was taken over by a Committee, appointed by the Government and handed to the Chief Metropolitan Magistrate, Dhaka for making an inventory which the ......e, with the above observation I fully agree with the decision of my learned brother Anwarul Hoque Chowdhury J. that the rule be discharged. Ed. This Case is also Reported in: 43 DLR (1991) 347. ..

Category: Criminal Law | Date: | Hits: 73

Chairman, BCIC Vs. Md. Ali Akkas and others, 2010, 39 CLC (AD)

.... to the effect that lump amount was not payable to those who had enjoyed encashment during the period of service. The audit authority in its objection did not mention any specific rule, regulation or Government order, rather the authority advised the BCIC to follow the system in the light of the mem......ove, the submissions of the learned Counsel for the petitioners deserve no consideration. Accordingly, these petitions are dis­missed Ed. This Case is also Reported in: VIII ADC (2011) 181. ..

Category: Employment/Service Law | Date: | Hits: 90

Bangladesh Inland Water Transport Corporation Vs. Nazma Transport Company, 1991, 20 CLC (HCD)

....vessel, to the owner of such vessel. (3) An order to pay compensation shall have effect as if it were a decree of a civil Court of competent jurisdiction and the amount of compensation may, if the Government so directs in case of default in payment, also be recovered by distraint and sale of the ...... Court and the Marine Court is at liberty to proceed with the proceeding in accordance with law. There shall be no order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 152. ..

Category: Admiralty Law or Maritime Law | Date: | Hits: 164

Agragami Engineers Ltd. Vs. Bangladesh Bank and others, 1992, 21 CLC (HCD)

....empowering an executive authority exercising a power giving a right or taking away a privilege as enjoined by law and any act and exercise of power even if it arises out of a contract executed by the Government executive authorities must be presumed to be exercised fairly reasonably in the ably in t......bound by the submission. In the result, this Rule is discharged with the observations as stated above without any order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 134...

Category: Others | Date: | Hits: 123

Md. Riaz Uddin Khan and another Vs. Mahmudur Rahman and others, 2010, 39 CLC (AD)

..... He goes on saying that for securing the administration of justice, it is imperative that the orders of the Chamber Judge should be evaluated. It is also remarked that stay orders passed against the Government are being stayed rampantly and the tendency is increasing in a galloping way for the last......of Tk. 100/-, in default, to suffer simple imprisonment for 1(one) day. They respondent No.2 is let off the charge with the above observations. This Case is also Reported in: 8 LG (AD) (2011) 122. ..

Category: Criminal Law | Date: | Hits: 124