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Ziauddin Ahmed Vs. Bangladesh,1994, 23 CLC (HCD)

....risdiction) Present: Mohammad Ismailuddin Sarker J Hamidul Haque J Ziauddin Ahmed…………………………………………………………………………..Petitioner Vs. Bangladesh, represented by the Secretary, Ministry of Home Affairs, Bangladesh Sachibalaya, Dhaka an.......92 issued by the respondent No. 1 under the signature of respondent No. 3 to be without any lawful authority and is of no legal effect. Ed. This Case is also Reported in: 47 DLR (HCD) (1995) 29.......issue passport to the petitioner Ziauddin Ahmed should not be declared to have been passed without any lawful authority and to be of no legal effect. 2. The case of the petitioner is, that he is a former Cabinet Minister and also a former General Secretary of Dhaka University Central Students' Un.......92 issued by the respondent No. 1 under the signature of respondent No. 3 to be without any lawful authority and is of no legal effect. Ed. This Case is also Reported in: 47 DLR (HCD) (1995) 29...

Category: Constitutional Law | Date: | Hits: 238

Captain Md. Mobarak Hossain, Master, ATM Dolores Vs. MT Dolores and others, 1994, 23 CLC (HCD)

.... 1994. Judgment Mainur Reza Chowdhury J.-This is an application by the plaintiff for arrest of defendant No.1 vessel MT Dolores as security for payment of his claim US $ 24,190.00 equivalent to Bangladeshi Taka 9,67,600.00. 2. The plaintiff submits that defendant No.1 vessel has no assets i......e plaintiffs aforesaid claim. In the circumstances, the application for attachment/arrest of the defendant No. 1 vessel is rejected. Ed. This case is also Reported in: 47 DLR (HD) (1995) 80. ......es‑For the Plaintiff Petitioner. Not respondent-the Defendants Opposite Parties. Admiralty Suit No. 15 of 1994. Judgment Mainur Reza Chowdhury J.-This is an application by the plaintiff for arrest of defendant No.1 vessel MT Dolores as security for payment of his claim US $ 24,190.00 e......e plaintiffs aforesaid claim. In the circumstances, the application for attachment/arrest of the defendant No. 1 vessel is rejected. Ed. This case is also Reported in: 47 DLR (HD) (1995) 80. ..

Category: Civil Law | Date: | Hits: 99

Santosh Kumar Paul Vs. Nuruddin Ansari, 1993, 22 CLC (HCD)

....uddin Ansari.... ..................................Respondents Judgment November 25, 1993. Result: The Appeal is allowed in part. Cases Referred to- Abdul Mannaf Khan and others Vs. Bangladesh and another, 38 DLR (AD) 201; Durga Chowdrain v. Jawahir Singh, 17 Indian Appeal 122 (PC)......ate Court is set aside and that of the trial Court is upheld in part with the above term. Let the records be sent down expeditiously. Ed. This Case is also Reported in: 47 DLR (HCD) (1995) 70.......f by the following one judgment. 2. The trial Court decreed both the suits in part but the lower appellate Court decreed the suit of the present plaintiff‑respondent in full allowing specific performance of the contract and dismissing the other suit of the present appellant for declaration of t......ate Court is set aside and that of the trial Court is upheld in part with the above term. Let the records be sent down expeditiously. Ed. This Case is also Reported in: 47 DLR (HCD) (1995) 70...

Category: Procedural Law | Date: | Hits: 129

Lt. Cdr (Retd) AHM Mahmud Vs. Masud Ahmed, 2010, 39 CLC (HCD)

....¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦.Contemnor-Respondents Judgment August 10, 2010. Result: The Rule is made absolute in part. Cases Referred to- Mirza Shamsuddin Beg Vs. Bangladesh, 41 DLR 356; Rangpur Palli Bidyut Samity-1 Vs. Md. Ali Reza, V ADC (2008) 600 = 12 BLC (A...... the petitioner within 3(three) months from receipt of a copy of this judgment. Let a copy of this judgment be communicated at once. Ed. This Case is also Reported in: 63 DLR (HD) (2011) 149. ...... passed by the then Secretary of the Muktijudda Kalyan Trust accepting the petitioner's resignation more than one year after it was submit­ted. By judgment and order dated 07-2-2005 the Rule in the aforementioned writ petition was made absolute declaring the impugned memo to have been made without ...... the petitioner within 3(three) months from receipt of a copy of this judgment. Let a copy of this judgment be communicated at once. Ed. This Case is also Reported in: 63 DLR (HD) (2011) 149. ..

Category: Employment/Service Law | Date: | Hits: 156

Obaidullah Khondaker (Sohel) Vs. Government of Bangladesh and others, 2010, 39 CLC (HCD)

....vision (Special Original Jurisdiction) Present: Moyeenul Islam Chowdhury J AKM Abdul Hakim J Obaidullah Khondaker (Sohel)............................Petitioner Vs. Government of Bangladesh and others…………………………Respondents Judgment February 22, 2010. ......judgment. Let a copy of this Judgment be immediate­ly transmitted to each of the respondents for infor­mation and necessary action. Ed. This Case is also Reported in: 63 DLR (HD) (2011) 144.......er. With a view to taking lease of a Stone Mohal comprising 30 hectares of land in Mouza Balabari, Lohakachi and Majheepara within Tetulia Upazila in the District of Panchagar, he made an application for lease of the aforesaid Mohal to the respondent No. 2. The application was duly processed by the ......judgment. Let a copy of this Judgment be immediate­ly transmitted to each of the respondents for infor­mation and necessary action. Ed. This Case is also Reported in: 63 DLR (HD) (2011) 144...

Category: Property Law | Date: | Hits: 66

Ataur Rahman (Md.) Vs. Bangladesh and others, 2010, 39 CLC (HCD)

....ision  (Special Original Jurisdiction)  Present: Syed Refaat Ahmed J  Moyeenul Islam Chowdhury J  Ataur Rahman (Md.)...............Petitioner  Vs.  Bangladesh and others…………………Respondents  Judgment  February 4, 2010.&n......is still in seisin of the matter.   Consequently, the prayer for certificate is rejected.  Ed.  This Case is also Reported in:62 DLR (HCD) (2010) 329; 30 BLD (HCD) (2010) 154. ...... matter.   Consequently, the prayer for certificate is rejected.  Ed.  This Case is also Reported in:62 DLR (HCD) (2010) 329; 30 BLD (HCD) (2010) 154. ......is still in seisin of the matter.   Consequently, the prayer for certificate is rejected.  Ed.  This Case is also Reported in:62 DLR (HCD) (2010) 329; 30 BLD (HCD) (2010) 154. ..

Category: Constitutional Law | Date: | Hits: 270

Bazlur Rahman (Md.) Vs. Government of the People's Republic of Bangladesh, 2009, 38 CLC (HCD)

....diction)  Present:  ABM Khairul Haque J  Md. Mamtazuddin Ahmed J  Bazlur Rahman (Md.)..........Petitioners  Vs.  Government of the People's Republic of Bangladesh..........Respondents  Judgment  July 15, 2009.  Result:  ......from the date of receipt of the Judgment and order.  Communicate the order at once.  Ed.  This Case is also Reported in: 62 DLR (HCD) (2010) 360; 18 BLT (HCD) (2010) 279. ......order or orders passed as to this Court may seem fit and proper."  2. In the writ petition, it has been stated that the respondent No.2 Bangladesh (Freedom Fighters) Welfare Trust constituted for the Welfare of the freedom fighters and particularly the disabled (incapable of pursuing any nor......from the date of receipt of the Judgment and order.  Communicate the order at once.  Ed.  This Case is also Reported in: 62 DLR (HCD) (2010) 360; 18 BLT (HCD) (2010) 279. ..

Category: Others | Date: | Hits: 149

American Life Insurance Company Vs. Dacca Poura Shaba and others, 1978, 7 CLC (AD)

....s to costs. Order of the Court. In accordance with the view of the ma­jority, we allow this appeal without any order as to costs. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 276.......s to costs. Order of the Court. In accordance with the view of the ma­jority, we allow this appeal without any order as to costs. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 276.......he appel­lant Life Insurance Company being holding No.13/20, Motijheel Commercial Area Circle No.13 of the Dacca Municipality at Rs. 4,26,200/- under the East Pakistan Municipal Taxation Rules, 1960 for the year 1970-71 and on the basis of the valuation assessed quarterly tax at Rs.12,786/- for the......s to costs. Order of the Court. In accordance with the view of the ma­jority, we allow this appeal without any order as to costs. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 276...

Category: Fiscal/Taxation Law | Date: | Hits: 156

Bangladesh Steamer Agent's Association Vs. Bangladesh & others, 1979, 8 CLC (AD)

.... Case is also Reported in: 31 DLR (AD) (1979) 272.......udgment of the High Court Division is set aside and the impugned order is set aside as having been passed without any lawful authority. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 272....... under section 3 of the Ordinance on due approval of the Memorandum of Articles of Association of appellant—the Association, which were amend­ed several times at the instance of the Govern­ment before the licence was granted. The chief business of the Association is weighment and measurement on ......udgment of the High Court Division is set aside and the impugned order is set aside as having been passed without any lawful authority. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 272...

Category: Business or Commercial Law | Date: | Hits: 208

Md. Nurul Alam alias Dr. Hazrat Shah Sufi Mohammad Nurul Alam Vs. Saleha Khatton and others, 2011, 40 CLC (AD)

....e of the complex and misappropriated Tk.70/80 lacs. That the accused were involved in manufacturing forged certificates and deeds and were trying to grab the waqf property. One inspector of C.I.D. of Bangladesh inquired into allegations made in that F.I.R. and finding prima facie case submitted char......to Lalbagh Police Station Case No.48(10) dated 30.10.1999 shall be set aside." Preparation of paper book is dis­pensed with as prayed for. Ed. This Case is also Reported in: 9 ADC (2012) 265.......n, Advocate instructed by Abu Siddique, Advocate-on-Record—For the petitioner. A. K. M. Foez, Advocate instructed by Md. Nawab Ali, Advocate-on-Record—For the Respondents. Criminal Petition for Leave to Appeal No.382 of 2010. (From the judgment and order dated 19.05.2010 passed by the H......to Lalbagh Police Station Case No.48(10) dated 30.10.1999 shall be set aside." Preparation of paper book is dis­pensed with as prayed for. Ed. This Case is also Reported in: 9 ADC (2012) 265...

Category: Procedural Law | Date: | Hits: 163

Government of Bangladesh Vs. Abdul Majid, 2012, 41 CLC (AD)

....vision (Civil) 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 Government of Bangladesh, repre­sented by the Deputy Commissioner, Dinajpur………………………………â€......erred in law in discharging the Rule. 13. The petitioner is permitted to prepare the paper-books out of Court in accor­dance with Rules. Ed. This Case is also Reported in: 9 ADC (2012) 258. ......ord—For the Petitioner. Ferozur Rahman, Advocate, instructed by Advocate-on-Record—For Respondent Nos.1 (ka) to (gha) and 3-5. Respondent Nos.2 and 6-11—Not represented. Civil Petition for Leave to Appeal No.2326 of 2009. (From the judgment and order dated 19.04.2009 passed by the ......erred in law in discharging the Rule. 13. The petitioner is permitted to prepare the paper-books out of Court in accor­dance with Rules. Ed. This Case is also Reported in: 9 ADC (2012) 258. ..

Category: Property Law | Date: | Hits: 93

IFIC Bank Ltd. Vs. Eknabin & Co. and others, 2010, 39 CLC (HCD)

....tion for staying holding of auction sale and opposite party No.1 hav­ing appointed as receiver by Bankruptcy Court, filed another application stating that Industrial Develop­ment Leasing Company of Bangladesh filed Bank­ruptcy Case in Bankruptcy Court against opposite party Nos.2 and 3 as such th......6 dated 18-9-2005 are set aside. In the result, the Rule is made absolute without any order as to cost. Communicate this order. Ed. This Case is also Reported in: 63 DLR (HD) (2011) 123. ......t Judge, Dhaka in Transfer Miscellaneous Case No.918 of 2005 rejecting an application tiled by the opposite party No.1-petitioner under section 151 of The Code of Civil Procedure. 2. Facts leading for disposal of this Rule are that, plaintiff i.e. the petitioner filed Artha Rin Suit Nos.49 of 200......6 dated 18-9-2005 are set aside. In the result, the Rule is made absolute without any order as to cost. Communicate this order. Ed. This Case is also Reported in: 63 DLR (HD) (2011) 123. ..

Category: Procedural Law | Date: | Hits: 126

Abeda Chowdhury Vs. State and another, 2009, 38 CLC (HCD)

....the Court of Metropolitan Assistant Sessions Judge, 5th Court, Dhaka should not be quashed. 2. Necessary facts for the purpose of disposal of this Rule is that the complainant opposite party No.2, Bangladesh Shilpa Bank as complainant, filed a complaint petitioner before the Court of Chief Metrop......Advocate for the petitioner is per­mitted to take back the certified copies of the annexure by replacing the photocopies of the same. Ed. This Case is also Reported in: 63 DLR (HD) (2011) 118. ......aka under section 138 of the Negotiable Instruments Act, 1881 which is now pending in the Court of Metropolitan Assistant Sessions Judge, 5th Court, Dhaka should not be quashed. 2. Necessary facts for the purpose of disposal of this Rule is that the complainant opposite party No.2, Bangladesh Shi......Advocate for the petitioner is per­mitted to take back the certified copies of the annexure by replacing the photocopies of the same. Ed. This Case is also Reported in: 63 DLR (HD) (2011) 118. ..

Category: Criminal Law | Date: | Hits: 113

Rowshena Jahan Vs. State and another, 2010, 39 CLC (HCD)

....ranted ad-interim bail. 3. The relevant facts for disposal of the Rules are that the petitioner Mrs. Rowshena Jahan accused No.2 is the wife of accused No.1 Md. Obaidullah, Ex-Managing Director of Bangladesh Teletalk Ltd. in the response to the notice of Anti-Corruption Corruption Commission, the......rned Court shall proceed with the case in accordance with law. Send a copy of the judgment and order to the Court below immediately. Ed. This Case is also Reported in: 63 DLR (HD) (2011) 90. ......oper. 2. At the time of issuance of the Rule, all fur­ther proceedings of the above mentioned Case was stayed and the accused-petitioner was also granted ad-interim bail. 3. The relevant facts for disposal of the Rules are that the petitioner Mrs. Rowshena Jahan accused No.2 is the wife of ac......rned Court shall proceed with the case in accordance with law. Send a copy of the judgment and order to the Court below immediately. Ed. This Case is also Reported in: 63 DLR (HD) (2011) 90. ..

Category: Criminal Law | Date: | Hits: 100

Buxly Paints (Bang­ladesh) Ltd. Vs. Bangladesh, 1977, 6 CLC (AD)

....n (Civil) Present: AB Mahmud Hussain CJ Kemaluddin Hus­sain J Debesh Chandra Bhattacharya J Fazle Munim J Buxly Paints (Bang­ladesh) Ltd……………...Appellant Vs. Bangladesh…………………Respondent Judgment August 19, 1977. Result: The appeal ......d order of the High Court Division are set aside and it is declared that the Notification dated 19-2-12 is without any lawful authority. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 266.......ance of the said object it en­tered into a written agreement with Buxly Paints (Pakistan) Ltd. on 20.10.71 to acquire all the assets of the said Company at Chittag­ong including the Industrial Unit for a con­sideration to be paid in serveral instalments, out of which a part had already been paid.......d order of the High Court Division are set aside and it is declared that the Notification dated 19-2-12 is without any lawful authority. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 266...

Category: Property Law | Date: | Hits: 79

Sukhamoya Dutta Gupta Vs. Abdul Gafur and others, 1979, 8 CLC (AD)

.... in holding that the accused had bona fide claim of right; and their entry into the disputed property in assertion of that right constituted criminal trespass within the meaning of section 441 of the Bangladesh Penal Code. 3. Facts relevant for disposal of this appeal are: The appellant lodge....... Accordingly the appeal is allowed. The order of the High Court un­der appeal is set aside and those of the Courts below are restored. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 262....... Ruhul Islam J.- This appeal by spe­cial leave to appeal is directed against the judgment of the High Court dated November 19, 1976 passed in Criminal Revision No.430 of 1975. 2. Short question for our consideration in this appeal is whether in the facts and circumstances of the case the High ....... Accordingly the appeal is allowed. The order of the High Court un­der appeal is set aside and those of the Courts below are restored. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 262...

Category: Criminal Law | Date: | Hits: 94

Syed Abdul Ali Vs. Secretary, Ministry of Cabinet Affairs, Establishment Division & others, 1979, 8 CLC (AD)

....the learned Counsel appearing for the appellant convassed that at the relevant time the appellant retired from the service on 31.1.73 on completion of 55 years of age in terms of the P.O. 14 of 1972 (Bangladesh Public Servants Retirement Orders, 1972 ) and he had not been re-employed. The order of t......the dismissal order has been passed without any lawful authority and is of no legal effect. However, there will be no order as to costs. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 256.......s giving rise to the proceeding are as follows: The appellant was holding a civil post in the services of the Republic as a Civil Engineer. He completed his 55 years of age on 31.1.73. He applied for leave preparatory to retirement in December, 1972 and while he was awaiting for the result of th......the dismissal order has been passed without any lawful authority and is of no legal effect. However, there will be no order as to costs. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 256...

Category: Employment/Service Law | Date: | Hits: 107

Bangladesh Biman Corpo­ration Vs. Chowdhury Mohammad Yusuf and another, 1979, 8 CLC (AD)

....th costs. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 305. ......ority. Since we have found that termination orders were passed without lawful authority, both the appeals are dismissed with costs. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 305. ......espondents have been made without lawful authority and are of no legal effect. Leave was granted to consider following points amongst others:— (1) Whether the PIA Service Rules come into play for governing the relationship be­tween the petitioner and the respondents in the absence of any ru......ority. Since we have found that termination orders were passed without lawful authority, both the appeals are dismissed with costs. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 305. ..

Category: Employment/Service Law | Date: | Hits: 123

New India Tea Company Ltd. Vs. Bangladesh and others, 1977, 6 CLC (AD)

.... Court Appellate Division (Civil) Present: Mahmud Hussain CJ Kemaluddin Hossain J Debesh Chandra Bhattacharya J New India Tea Company Ltd…………………Appellant Vs. Bangladesh and others……………………Respondent Judgment August 17, 1977. Result: ......al is accordingly allowed in part, the order of the High Court set aside, and the Writ Petition dismissed. We make no order as to costs. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 303.......o.1/16 of Mouza Ramgarh within P.S. Fatikchari was settled with the appellant company's Ramgarh Tea Estate with effect from April 1, 1945. Upon receipt of Rs. 2504.00 as Salami and Rs. 626.00 as rent for one year from the appellant-company receipt, Dakbilas were granted by the Government to it which......al is accordingly allowed in part, the order of the High Court set aside, and the Writ Petition dismissed. We make no order as to costs. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 303...

Category: Property Law | Date: | Hits: 87

Md. Hemayet Hossain and others Vs. Chairman, Rajdhani Unnayan Kartripakha (RAJUK) and others, 2010, 39 CLC (HCD)

....titioners Vs. Chairman, Rajdhani Unnayan Kartripakha (RAJUK) and others............Respondents Judgment September 8, 2010. Result: The rules are discharge. Cases Referred to- Bangladesh Sangbadpatra Parishad (BSP) Vs. Bangladesh, 43 DLR (AD) 126; Bangladesh Vs. Nawab Abdul M......ules which are accordingly, discharged, without, however, any order as to cost. Let a copy of this judgment be communicated at once. Ed. This Case is also Reported in: 63 DLR (HD) (2011) 85. ......Petitions)—For the Respondents-RAJUK. Writ Petitions No. 8065 of 2006 & 4116 of 2007. Judgment Md. Imman Ali J. - Both these Writ Petitions concern a piece of land, which was acquired for the purpose of development of residential areas by RAJUK in LA Case No.138/61-62. In Writ Petiti......ules which are accordingly, discharged, without, however, any order as to cost. Let a copy of this judgment be communicated at once. Ed. This Case is also Reported in: 63 DLR (HD) (2011) 85. ..

Category: Property Law | Date: | Hits: 106