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Noor Alam Vs. Sonali Bank and others, 2011, 40 CLC (HCD)

....nt Vs. Sonali Bank and others…………………Plaintiff respondents Judgment January 5, 2011. Result: The appeal is allowed. Case Referred to- Prafullah Kumar Vs. Govt. of Bangladesh, 28 DLR 123; Sk. Abdul Qasem Vs. Mayez Uddin Mondal, 45 DLR 169; Serajuddin Ahmed and oth......m other defendant Nos. 1-2 in accordance with law. Let a copy of this judgment along with lower Court's record be sent down at once. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 332.......332.......m other defendant Nos. 1-2 in accordance with law. Let a copy of this judgment along with lower Court's record be sent down at once. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 332...

Category: Procedural Law | Date: | Hits: 107

Industrialisation Fund for Developing Countries Vs. Northern Corporation Limited, 2010, 39 CLC (HCD)

....iciagade, 1310 Kobenhavn K., Denmark............................Petitioner Vs. Northern Corporation Limited, having its office at Plot No. 91, Block K, Suhrawardy Avenue, Baridhara, Dhaka-1212, Bangladesh...........Opposite Party Judgment October 28, 2010. Result: This Application ......n the Opposite Party and Mr. Kamal-ul Alam by a Special Messenger at the cost of the Petitioner. Ed.  This Case is also Reported in:16 MLR (HCD) (2011) 313; 30 BLD (HCD) (2010) 623.  ......ory Jurisdiction)  Present:  Syed Refaat Ahmed J The Industrialisation Fund for Developing Countries (IFU), having its office formerly at Bremerholm 4, 1069 Copenhegen K, Denmark, and currently at 27, Fredericiagade, 1310 Kobenhavn K., Denmark............................Petitione......n the Opposite Party and Mr. Kamal-ul Alam by a Special Messenger at the cost of the Petitioner. Ed.  This Case is also Reported in:16 MLR (HCD) (2011) 313; 30 BLD (HCD) (2010) 623.  ..

Category: Alternative Dispute Resolution | Date: | Hits: 222

Md. Abdul Bari and others Vs. Government of Bangladesh and others, 2010, 39 CLC (HCD)

....nal Jurisdiction) Present: Syed Refaat Ahmed J Moyeenul Islam Chowdhury J Md. Abdul Bari and others ………..............................Petitioners  Vs.  Government of Bangladesh and others....................Respondents Judgment May 13, 2010. Result: The ...... The Rule, therefore, fails.  Accordingly, the Rule is discharged without any order as to costs.  Ed. This Case is also Reported in: 63 DLR (HD) (2011) 27; 30 BLD (HCD) (2010) 465. ...... (HD) (2011) 27; 30 BLD (HCD) (2010) 465. ...... The Rule, therefore, fails.  Accordingly, the Rule is discharged without any order as to costs.  Ed. This Case is also Reported in: 63 DLR (HD) (2011) 27; 30 BLD (HCD) (2010) 465. ..

Category: Employment/Service Law | Date: | Hits: 145

Sheikh Hasina Wazed @ Sheikh Hasina Vs. State and another, 2010, 39 CLC (HCD)

.... 55 DLR 596; 6 DLR (WP) 143; 12 DLR 279; 45 DLR 352; 13 DLR 82; 13 DLR 397; 9 BLC (AD) 162; 52 DLR 335; 53 DLR 125; 51 DLR 125; 51 DLR 25; 5 BCR 184; 59 DLR 407; Abdul Huque Vs. State, 60 DLR (AD) 1; Bangladesh Vs. Iqbal Hasan Mahmood, 60 DLR (AD) 147; Ali Akkas Vs. Enayet Hossain,17 BLD (AD) 44=2 B......giving able assistance to this Court in the matter of disposing the rule in an effective manner. Send down the Lower Court records. Ed. This Case is also Reported in: 63 DLR (HD) (2011) 40. ......vision (Criminal Miscellaneous Jurisdiction) Present: Md. Shamsul Huda J AB Siddiquee J Sheikh Hasina Wazed alias Sheikh Hasina..................Accused-Petitioner Vs. State and another..................................................Opposite-Parties Judgment March......giving able assistance to this Court in the matter of disposing the rule in an effective manner. Send down the Lower Court records. Ed. This Case is also Reported in: 63 DLR (HD) (2011) 40. ..

Category: Criminal Law | Date: | Hits: 126

Altaf Miah Vs. Md. Anwar Hossain and another, 1982, 11 CLC (AD)

....competency between the two claimants. The remarks are definitely unfair, inasmuch as, the Administrator in discharging his functions relating to the administrator and management of waqf properties in Bangladesh is required to decide the question of succession. In such a case he is not required to re...... COURT By the majority opinion the appeal is dismissed with costs and the judgment and order of the High Court Division are affirmed. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 108....... Islam J Badrul Haider Chowhury J Shahabuddin Ahmed J Chowdhury ATM Masud J Altaf Miah………………………………………………………Appellant Vs. Md. Anwar Hossain and another………………..Respondent Judgment May 18, 1982. Result: The appeal is d...... COURT By the majority opinion the appeal is dismissed with costs and the judgment and order of the High Court Division are affirmed. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 108...

Category: Trust/Waqf Law | Date: | Hits: 188

Karnafully Paper Mills Sramik Karmachari Union Vs. Registrar of Trade Unions, Chittagong & others, 1989, 18 CLC (HCD)

....e opposite party No.1 herein is a trade union known as Kaptai Rope Line and RD & BB Project Workers Union bearing Registration No.593 of the Kaptai Rope Line and RD & BE Project, a project of Bangladesh Chemical Industries Corporation. The said Union on merger of the said Project with Karnap......d on contest and order of ad-interim injunction granted by this Court ex-parte on 23.11.1988 is hereby set aside. No order as to costs. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 262.......€¦Petitioner Vs. Registrar of Trade Unions, Chittagong & others.......................Opposite Parties Judgment January 30, 1989. Result: The application is allowed on contest and order of ad-interim injunction is set aside. Lawyers Involved: A.Y. Salehuzzaman with SK. ......d on contest and order of ad-interim injunction granted by this Court ex-parte on 23.11.1988 is hereby set aside. No order as to costs. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 262...

Category: Labour and Industrial Law | Date: | Hits: 203

Jagodish Chandra Dutta Vs. M. H. Azad, 1989, 18 CLC (HCD)

....uary 9, 1989. Result: The Rule is discharged. Cases Referred to- Hari Meah Vs. The State, 11 DLR (S.C) page 368; A.K. Khan and others Vs. The Chairman; Second Labour Court of E. Pak (Now Bangladesh) & Moksud Ahmed Vs. A.K. Khan & Co. Works Union, Chittagong, 25 DLR page 192; Md.......n exercise of the inherent jurisdiction under section 561A of the Code even. In this view of the matter, the Rule is dis­charged. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 257. ...... This Case is also Reported in: 41 DLR (HCD) (1989) 257. ......n exercise of the inherent jurisdiction under section 561A of the Code even. In this view of the matter, the Rule is dis­charged. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 257. ..

Category: Labour and Industrial Law | Date: | Hits: 177

Md. Nawab Ali Khondker Vs. Md. Aminuddin & Others, 1989, 18 CLC (HCD)

.... Md. Aminuddin & Others.........................Respondents Judgment February 16, 1989. Result: The Rule is discharged. Cases Referred to- 34 DLR 147; Shahabuddin Iskandar Vs. Bangladesh Election Commission & others, 27 DLR 475; Amjad Hossain Howlader Vs. Govt. of Banglad......e, if any, for vindication of his right, if so ad­vised. In the result, therefore, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 41 (HCD) DLR 254. ......r Vs. Md. Aminuddin & Others.........................Respondents Judgment February 16, 1989. Result: The Rule is discharged. Cases Referred to- 34 DLR 147; Shahabuddin Iskandar Vs. Bangladesh Election Commission & others, 27 DLR 475; Amjad Hossain Howlader Vs. Govt. ......e, if any, for vindication of his right, if so ad­vised. In the result, therefore, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 41 (HCD) DLR 254. ..

Category: Election Law | Date: | Hits: 171

Dr. Mohiuddin Farooque and another Vs. Bangladesh, 1997, 26 CLC (HCD)

....K Badrul Huq J Dr. Mohiuddin Farooque..................Petitioner (In Writ Petition No. 998 of 1994) Sekandar Ali Mondol.................Petitioner (In Writ Petition No. 1576 of 1994) Vs. Bangladesh, represented by the Secretary, Ministry of Irrigation, Water Develop­ment and Flood Cont......ance with the directions made above. Having regard to the facts and circumstances of the cases, there will be no order as to costs. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 84. ......Court Division (Special Original Jurisdiction) Present: Kazi Ebadul Hoque J A K Badrul Huq J Dr. Mohiuddin Farooque..................Petitioner (In Writ Petition No. 998 of 1994) Sekandar Ali Mondol.................Petitioner (In Writ Petition No. 1576 of 1994) Vs. Bangladesh...... 51. The ‘FAP-20’ project is an experimental project for developing controlled flooding mechanism. Annexure-N is Evaluation Report, 1993 of Flood Action Plan, Bangladesh. The extract of Civil Engineering aspect of the said report is as follows: “Because ‘FAP-20’ is a Pilot Project, ..

Category: Environmental Law | Date: | Hits: 1051

Standard Manufacturing Company Ltd. Vs. Government of the People’s Republic of Bangladesh and others, 1997, 26 CLC (HCD)

....Present: Kazi Ebadul Hoque J AK Badrul Huq J Standard Manufacturing Company Ltd. represented by its Managing Director…………Petitioner Vs. Government of the People’s Republic of Bangladesh represented by the Joint Collector of Customs, Customs Division, Benapole, Jessore and ot......the above facts and circumstance we find no merit in this Rule. In the result, the Rule is discharged without any order as to cost. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 79. ......t. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 79. ......the above facts and circumstance we find no merit in this Rule. In the result, the Rule is discharged without any order as to cost. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 79. ..

Category: Fiscal/Taxation Law | Date: | Hits: 117

Nur Mohammad Fakir Vs. Bangladesh, 1997, 26 CLC (HCD)

....DLR (HCD) (1998) 71. ......on all the three Rules are discharged without any order as to cost. The order of stay granted earlier by this Court is hereby vacated. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 71. ......ial Original Jurisdiction) Present: KM Hasan J Md. Awlad Ali J Nur Mohammad Fakir…………………Petition Vs. Bangladesh, represented by the Secretary, Ministry of Law, Justice and Parliamentary Affairs, Government of the People’s Republic of Bangladesh and others………â€......on all the three Rules are discharged without any order as to cost. The order of stay granted earlier by this Court is hereby vacated. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 71. ..

Category: Civil Law | Date: | Hits: 90

GD Alesio, Livorno, Italy Vs. MV Hawai Splendour & Others, 1996, 25 CLC (HCD)

....een heard together and shall be disposed of by this judgment. 4. The vessel MV Mauro D'Alesio and the vessel MV Hawai Splendour collided with each other on 8-12-95 within the territorial waters of Bangladesh. 5. The owner of the vessel Mauro D’Alesio as plaintiff filed Admiralty Suit No......6 shall proceed independently. Both the applications under section 34 of the Admiralty Court Act, 1861 are, accordingly, disposed of. Ed. This case is also Reported in: 49 DLR (HD) (1997) 122.......ates‑For the defendant (In Admiralty Suit No.33 of 1995). Dr. M Zahir with Md. Muniruzzaman Khan Advocates‑For the Plaintiff (In Admiralty Suit No.13 of 1996). M Hafizullah with SK Siddique and Al-Amin Sarker, Advocates‑For the Defendant Nos.1 & 2 (In Admiralty Suit No.13 of 1996). ......6 shall proceed independently. Both the applications under section 34 of the Admiralty Court Act, 1861 are, accordingly, disposed of. Ed. This case is also Reported in: 49 DLR (HD) (1997) 122...

Category: Admiralty Law or Maritime Law | Date: | Hits: 353

M R Sikder Vs. Bangladesh Water Development Board, 1996, 25 CLC (HCD)

.... Present: Mahmudul Amin Choudhury J M Bazlur Rahman Talukder J M R Sikder………………………………………………………………………………….Petitioner Vs. Bangladesh Water Development Board…………………………………….Opposite Party Judgm......s application. The Rule is accordingly discharged without any order as to costs. The order of stay passed earlier is hereby vacated. Ed. This case is also Reported in: 49 DLR (HD) (1997)113. ......ner Vs. Bangladesh Water Development Board…………………………………….Opposite Party Judgment May 28, 1996. Result: The Rule is discharged. Lawyers Involved: Khandker Mahbubuddin Ahmed, Advocate-For the petitioner. Abdul Wadud Bhuiyan, Additional Attorney-G......s application. The Rule is accordingly discharged without any order as to costs. The order of stay passed earlier is hereby vacated. Ed. This case is also Reported in: 49 DLR (HD) (1997)113. ..

Category: Alternative Dispute Resolution | Date: | Hits: 245

Mohsin Hossain (Md.) Vs. Government of the People's Republic of Bangladesh, 1996, 25 CLC (HCD)

....ul Kabir Chowdhury J Mohsin Hossain (Md.)……………………………………………………………………………………Petitioner Vs. Government of the People's Republic of Bangladesh, represented by the Secretary, Ministry of Home Affairs, Bangladesh Secretariat Dhaka and...... order as to cost. Impugned notice dated 22-7-95 is declared to have been issued without any lawful authority and of no legal effect. Ed. This Case is also Reported in: 49 DLR (HD) (1997) 112. ......¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦Petitioner Vs. Government of the People's Republic of Bangladesh, represented by the Secretary, Ministry of Home Affairs, Bangladesh Secretariat Dhaka and ors…………….Respondents Judgment July 22, 1996. Result: The Rule is made abso...... order as to cost. Impugned notice dated 22-7-95 is declared to have been issued without any lawful authority and of no legal effect. Ed. This Case is also Reported in: 49 DLR (HD) (1997) 112. ..

Category: Criminal Law | Date: | Hits: 60

Jobon Nahar and others Vs. Bangladesh, through the Secretary, Ministry of Housing and Public Works Department, Government of the peoples republic of Bangladesh and others, 1996, 25 CLC (HCD)

....ction) Present: KM Hasan J Md. Fazlul Haque J Jobon Nahar and others……………………………………………………………………………………Petitioner Vs. Bangladesh, through the Secretary, Ministry of Housing and Public Works Department, Government of th......‘96 under the heading ‘Khulna District’ Serial No.246, page 9764(32) is passed without lawful authority and is of no legal effect. Ed. This case is also Reported in: 49 DLR (HD) (1997) 108. ......Ed. This case is also Reported in: 49 DLR (HD) (1997) 108. ......‘96 under the heading ‘Khulna District’ Serial No.246, page 9764(32) is passed without lawful authority and is of no legal effect. Ed. This case is also Reported in: 49 DLR (HD) (1997) 108. ..

Category: Limitation Law | Date: | Hits: 175

Masum Ikbal (Md.) Vs. Director of Students Welfare and Member-Secretary of Board of Residence and Discipline, Bangladesh Engineering University & others, 1996, 25 CLC (HCD)

....……………………………………………………………………………….Petitioner Vs. Director of Students Welfare and Member-Secretary of Board of Residence and Discipline, Bangladesh Engineering University & others…………..…………………Respondents Judg......ct and cancellation of his examination in plan 211 of the first term of 1992‑93 i.e. level II term I of session 1992‑93 is upheld. Ed. This Case is also Reported in: 49 DLR (HD) (1997) 104. ......J Amirul Kabir Chowdhury J Masum Ikbal (Md.)……………………………………………………………………………………….Petitioner Vs. Director of Students Welfare and Member-Secretary of Board of Residence and Discipline, Bangladesh Engineering University & o......¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦.Petitioner Vs. Director of Students Welfare and Member-Secretary of Board of Residence and Discipline, Bangladesh Engineering University & others…………..…………………Respondents Judgment Nov..

Category: Civil Law | Date: | Hits: 85

Dr. Ahmed Sharif Vs. State and another, 1994, 23 CLC (HCD)

....r either in person or through the lawyer before the learned magistrate on 5-9-1993. Thereafter, the petitioner as alleged duly empowered an Advocate of the High Court Division of the Supreme Court of Bangladesh to go to Gopalgonj and appear on his behalf on 5-9-93 but before he could reach the Court......a. Communicate this order to the Chief Metropolitan Magistrate, Dhaka and Sadar Magistrate Court, Gopalganj for compliance at once. Ed. This case is also Reported in: 49 DLR (HD) (1997) 100. ......Court High Court Division (Criminal Revisional Jurisdiction) Present: AKM Sadeque J KM Hasan J Dr. Ahmed Sharif……………………………………..Petitioner Vs State and another……………………………………Opposite Parties Judgment August 1, 1994.......a. Communicate this order to the Chief Metropolitan Magistrate, Dhaka and Sadar Magistrate Court, Gopalganj for compliance at once. Ed. This case is also Reported in: 49 DLR (HD) (1997) 100. ..

Category: Criminal Law | Date: | Hits: 70

Golam (Md.) Abdul Awal Sarker and others Vs. State, 1996, 25 CLC (HCD)

.... created 9(nine) forged documents in collusion with the petitioner No.2 in order to cheat the general public. Thereafter with the help and aid of the petitioner No.3, Senior Transport Superintendent, Bangladesh Television got those attested by officers of Bangladesh Television. 3. The Bureau of A......th Court, Dhaka, is quashed. The order of stay granted earlier by this Court is hereby vacated. Send down the lower Court records. Ed. This Case is also Reported in: 49 DLR (HD) (1997) 95. ......upon the Deputy Commissioner, Dhaka to show cause why the proceeding being Special Case No.136 of 1994 pending against the accused petitioners in the Court of the Additional Sessions Judge, 5th Court and Special Judge, Dhaka arising out of Gulshan PS Case No.17 dated 5-1-94 under sections 467/468/47......th Court, Dhaka, is quashed. The order of stay granted earlier by this Court is hereby vacated. Send down the lower Court records. Ed. This Case is also Reported in: 49 DLR (HD) (1997) 95. ..

Category: Criminal Law | Date: | Hits: 105

Sharifuddin (Md.) Vs. Md. Mofizuddin Sarker and others, 1994, 23 CLC (HCD)

....jute and deposited the entire sale proceed of Taka 4, 28, 000.00 in excess of the loan he took which was a sum of Taka 3, 96,350.00. But the bank claimed amount on account of interest. On 7‑10‑91 Bangladesh Bank issued a circular to facilitate payment of loan against whom no suit was pending for......s. The authority concerned is directed to take expeditious step for holding re-election in view of the term office of the chairman. Ed. This Case is also Reported in: 49 DLR (HD) (1997) 86. ......h Court Division (Civil Revisional Jurisdiction) Present: AM Mahmudur Rahman J Sharifuddin (Md.)………………………………………….Petitioner Vs. Md. Mofizuddin Sarker and others………………Opposite Parties Judgment August 8, 1994. Result: The Rule i......s. The authority concerned is directed to take expeditious step for holding re-election in view of the term office of the chairman. Ed. This Case is also Reported in: 49 DLR (HD) (1997) 86. ..

Category: Election Law | Date: | Hits: 148

Krishna Gopal Bhowmik Vs. Secretary, Ministry of Home affairs, Government of Bangladesh and others, 1978, 7 CLC (AD)

....adrul Haider Chowdhury J Krishna Gopal Bhowmik on behalf of detenu Nim Chandra Bhowmik @ Nirmal Chandra Bhowmik……………Appellant Vs. Secretary, Ministry of Home affairs, Government of Bangladesh and others…………….Respondents Judgment July 27, 1978. Result: The ap......on is without lawful authority and the detenu is being held in unlawful custody. It is directed that the detenu be released forthwith. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 145. ......1979) 145. ......on is without lawful authority and the detenu is being held in unlawful custody. It is directed that the detenu be released forthwith. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 145. ..

Category: Criminal Law | Date: | Hits: 103