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Ali Ahsan Muhammad Mujahid Vs. The Government of Bangladesh, 2015, 44 CLC (HCD)

....facts that the petitioner was initially the President of ICS, Faridpur District Branch and during the war of liberation, he was elected Secretary General of ICS and, thereafter, President of the then East Pakistan ICS. He organized and led ICS and that ICS was subsequently converted into Badr Bahini...... that the petitioner was initially the President of ICS, Faridpur District Branch and during the war of liberation, he was elected Secretary General of ICS and, thereafter, President of the then East Pakistan ICS. He organized and led ICS and that ICS was subsequently converted into Badr Bahini and ..

Category: International Crimes Tribunal Law | Date: 18 Nov, 2015 | Hits: 111

Salauddin Qader Chowdhury Vs. Chief Prosecutor, International Crimes Tribunal, Dhaka, Bangladesh, 2015, 44 CLC (AD)

....lling of Nutan Chandra Singha was true. 13. P.W.3 is a freedom fighter who stated that in the National Assembly election held in 1970, out of 169 seats, 167 seats were won by the Awami League in East Pakistan and in the Provincial Assembly also, Awami League secured 289 seats out of 300 seats. ......em, the following charges are relevant for our consideration, which are as under: "On 13th April, 1971 at about 6-30/8-00 am accused Salauddin Qader Chowdhury along with his accomplices and Pakistani Army went to Madhaya Gohira Hindu Para under PS Rawjan, District-Chittagong and brought th..

Category: International Crimes Tribunal Law | Date: 29 Jul, 2015 | Hits: 38

Esrarul Huq Chowdhury Vs. Government of the People's Republic of Bangladesh and Others, 2015, 44 CLC (HCD)

....ing and possessing the 118 decimal of land with other lands since long 80 years, one Anisur Rahman Chowdhury claiming ownership of 35 decimal of land filed objection Case No. 650 under Rule 31 of the East Bengal Tenancy Rules, 1955 against the khatian prevailing in the name of the petitioner and his......n that he should refrain from doing any illegal activities by abusing his official power. No order as to cost. Ed. This Case is also Reported in: 68 DLR (HCD) (2016) 173.   ..

Category: Constitutional Law, Property Law | Date: 28 Jun, 2015 | Hits: 1

Hossain Ali and Others Vs. Government of Bangladesh and Others, 2015, 44 CLC (HCD)

.... Mouza Tejgaon Industrial Area, JL No. 6, Police Station-Tejgaon, district-Dhaka has not yet been finally published and notified by Gazette under section 32, 33 and 34 of the East Bengal Tenancy Rules, 1955 due to pending Civil Suit No. 211/2001 and Writ Petition No. 4912 of......est possible amount of time preferably within 3(three) months from the date of receipt of the judgment of this court. Ed. This Case is also Reported in: 68 DLR (HCD) (2016) 37   ..

Category: Property Law, Tenancy Law | Date: 30 Apr, 2015 | Hits: 4

Rukunuddin Mollah (Md.) and others Vs. Artha Rin Adalat 2nd Court and others, 2015, 44 CLC (HCD)

....o. 192, Mouza-Isdair, CS Khatian No. 112, SA Khatain No. 96; butted and bounded as follows; On the North: Land of Mr. Azim Mia. On the South: Land of Mr. Abdul Khalaeque Sarder. On the East: Land of Mr. Akrob Ali On the West : Road of District Board. Along with all structures and......e Rule is hereby recalled and stand vacated. Communicate a copy of this Judgment and Order to the Court concerned at once. Ed. This Case is also Reported in: 67 DLR (HCD) (2015) 287. ..

Category: Banking Law, Others | Date: 27 Apr, 2015 | Hits: 10

Hasina Ahmed Vs. State, 2015, 44 CLC (HCD)

.... Headquarters, Dhaka by a letter dated 12-3-2015 informed all concerned, that is, Deputy Police Commissioner, Ramna, Tejgaon, Lalbagh, Mirpur, Gulshan, Uttara, Motijheel, Wary, DB-Uttar, South, West, East Division and Metropolitan Police, Dhaka and directed them to find out Salauddin Ahmed. For prop......ry of Salauddin Ahmed whichever is earlier. In the light of the discussions made hereinbe­fore, the Rule is discharged. Ed. This Case is also Reported in: 15 BLC (HCD) (2010) 343 ..

Category: Criminal Law, Procedural Law | Date: 20 Apr, 2015 | Hits: 2

Asek Elahi Vs. Jalal Ahmedand others, 2012, 41 CLC (AD)

....sion held that: "Our conclusions, therefore, are that the President's Order Nos. 88 and 136 of 1972 and No.24 of 1973 are all valid legislation for effecting necessary amendments in the East Bengal State Acquisition and Tenancy Act and those laws cannot be attacked on the ground of ult......nha, J and Md. Abdul Wahhab Miah, J I agree with the reasoning and findings given by my learned brother, Md. Abdul Wahhab Miah, J. Ed. This Case is also Reported in: 20 BLC (AD) (2015) 5. ..

Category: Property Law | Date: 14 Mar, 2015 | Hits: 45

Onil Kuar Podder and others Vs. Mostafa Unuch, 2014, 43 CLC (HCD)

....aside. Pre-emption Title Suit No. 47 of 2007 is dis­missed. Send down the lower court records at once. Ed. This Case is also Reported in: 67 DLR (HCD) (2015) 302   ......defeated by taking shelter of Muhammadan Law— Here in the instant case, Vendor is a Muslim and purchaser is a Hindu. By this time much water follows in the river Buriganga and by this time Pakistan was created and thereafter, Bangladesh got independence. State Acquisition and Tenancy Act ..

Category: Property Law | Date: 15 Sep, 2014 | Hits: 8

Enamul Hoque Chowdhury Vs. Deputy Commissioner of Taxes, 2014, 43 CLC (HCD)

....cant Vs. 1. National Board of Revenue, NBR Building Segunbagicha, Dhaka, Represented by it’s Chairman. 2. Commissioner of Taxes, Taxes Zone-03, Chittagong, C.G.O. Building No. 2 (East of Zamburi filed) Dist-Chittagong. 3. Deputy Commissioner of Taxes, Circle-52 (companies),......ssued without lawful authority having no legal implication. However, there shall be no order as to costs. Md. Emdadul Hoque Azad, J: I agree. Ed. This Case is also Reported in: ..

Category: Fiscal/Taxation Law | Date: 14 Sep, 2014 | Hits: 0

State Vs. Robin, 2014, 43 CLC (AD)

....de the bakery. The accused persons talked with the informant party in different ways and at one stage they started beating the informant and her uncle and she was taken to a nearby garden towards the East. The informant was raped firstly by Bahar and then by other accused. From their conversa­ti...... with law. The accused respondent Robin be enlarged on bail to the satisfaction of the trial Court till conclusion of the trial. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 272. ..

Category: Criminal Law, Women and Children | Date: 24 Jul, 2014 | Hits: 16

Shafiqul Islam Vs. Bangladesh Bank and others, 2014, 43 CLC (HCD)

.... Act or amendment [see Mahmudul Islam, Interpretation of Statutes and Documents, Mullick Brothers (2009), page. 288-289]. In our jurisdiction, namely in MA Ghani Vs. Nasir Ahmed, 21 DLR 451, the then East Pakistan High Court, relying on a Pakistan Supreme Court's decision reported in 16 DLR (SC)......or amendment [see Mahmudul Islam, Interpretation of Statutes and Documents, Mullick Brothers (2009), page. 288-289]. In our jurisdiction, namely in MA Ghani Vs. Nasir Ahmed, 21 DLR 451, the then East Pakistan High Court, relying on a Pakistan Supreme Court's decision reported in 16 DLR (SC) 380,..

Category: Banking Law, Company Law | Date: 1 Jun, 2014 | Hits: 11

ECOM Agroindustrial Corporation Ltd. & another Vs. Mosharaf Composite Textile Mills Ltd, 2014, 43 CLC (HCD)

.... MV Aghia ThalassiniVs.Abu Bakr Siddique, 32 DLR (AD) 106; Abdu Bakr Siddique Vs. MV Aghia Thalassini, 30 DLR 94; Halcyon Steamship Co., Inc. USA, represented by Hegee and Co. (Pak) Ltd. Vs. Province East Pakistan, now Government of Bangladesh, represented by Collector of Chittagong, 26 DLR (SC) 7; ......ghia ThalassiniVs.Abu Bakr Siddique, 32 DLR (AD) 106; Abdu Bakr Siddique Vs. MV Aghia Thalassini, 30 DLR 94; Halcyon Steamship Co., Inc. USA, represented by Hegee and Co. (Pak) Ltd. Vs. Province East Pakistan, now Government of Bangladesh, represented by Collector of Chittagong, 26 DLR (SC) 7; Bangl..

Category: Arbitration Law, Civil Law, Procedural Law | Date: 28 May, 2014 | Hits: 7

State and another Vs. Abdul Kader @ Mobile Kader and others, 2014, 43 CLC (AD)

....ents of the arrested accused-Shamim made in his (the P.W.) presence, when he (Shamim) on 5-10-2001 at 4-30 PM had gone to the house of accused-Mobile Quader and Lawrence and sat in a tin shed room at East bhiti of their house, he found accused-Mobile Quader, Lawrence, Iqbal Hossain. Ataur Rahman, Ab......ee of the Privy Council as back as in 1940 in the case of Mirza Akbar Vs. King of Emperor, AIR 1940 PC 176. The state­ment of law argued by the Privy Council was approved by the Supreme Courts of Pakistan and India in series of cases and this Division has also approved the same. This opinion has..

Category: Criminal Law | Date: 14 May, 2014 | Hits: 16

Ayub Hossain Khan (Md.) Vs. Bangladesh and others, 2014, 43 CLC (AD)

....Lever Finance Vs. Westminister LBC, 1971 1 QB 222; Lords in Howell Vs. Falmouth Boat Construction, 1951 AC 837; Western Fish Products Vs. Penrith DC, 981 2 All ER 204; R. Reprotech (Pebsham) Ltd. Vs. East Sussex CC 2003 1 WLR; Supreme Court in MP Sugar Mills Ltd. Vs. UP, AIR 1979 SC 621; Jit Ram Vs.......it Petition No.6766 of 2011. 22. The High Court Division projected with vivid details the evolution of the vested property legislations which commenced its maiden voyage with the passage of East Pakistan Enemy Property (Land and Buildings) Administration and Disposal Order 1966 and then reprodu..

Category: Civil Law, Property Law | Date: 4 May, 2014 | Hits: 20

Ibrahim Vs. State, 2014, 43 CLC (HCD)

....m be set at liberty if not detained in any other case. The Office is directed to send down the records at once. Ed. This Case is also Reported in: 20 BLC (HCD) (2015) 289   ......m be set at liberty if not detained in any other case. The Office is directed to send down the records at once. Ed. This Case is also Reported in: 20 BLC (HCD) (2015) 289   ..

Category: Evidence Law, Women and Children | Date: 16 Apr, 2014 | Hits: 17

Hafiz Ahmed Mazumder Vs. Pubali Bank Limited, 2014, 43 CLC (HCD)

....Registrar of Joint Stock Companies and Firms. Respondent No. 4 is Bangladesh Securities and Exchange Commission (BSEC); that the Respondent No. 1, the Bank, was initially established in the erstwhile East Pakistan as Eastern Mercantile Bank Limited in the year 1959 under the Companies Act, 1913; aft......trar of Joint Stock Companies and Firms. Respondent No. 4 is Bangladesh Securities and Exchange Commission (BSEC); that the Respondent No. 1, the Bank, was initially established in the erstwhile East Pakistan as Eastern Mercantile Bank Limited in the year 1959 under the Companies Act, 1913; after in..

Category: Banking Law, Corporate Law | Date: 25 Feb, 2014 | Hits: 9

Aftab Uddin (Md.) Vs. Chairman, Court of Settlement and another, 2014, 43 CLC (AD)

....ned buildings published in the Bangladesh Gazette (Extraordinary) dated 23 September, 1986 as per provision of section 5(1) (b) of the Ordinance, was leased out for Taka 600 by the then Government of East Pakistan on 10-2-1956 to one Kulsum Bibi wife of Abdur Rahman, a refugee. It was one of the sti......uildings published in the Bangladesh Gazette (Extraordinary) dated 23 September, 1986 as per provision of section 5(1) (b) of the Ordinance, was leased out for Taka 600 by the then Government of East Pakistan on 10-2-1956 to one Kulsum Bibi wife of Abdur Rahman, a refugee. It was one of the stipulat..

Category: Abandoned Properties Law | Date: 19 Feb, 2014 | Hits: 21

Human Rights and Peace for Bangladesh and others Vs. Hon'ble Speaker, Bangladesh Jatiyo Sangsad and others, 2014, 43 CLC (HCD)

....eaker, Bangladesh Jatiyo Sangsad and others..............Respondents Judgment January 30, 2014. Result: The Rule is made absolute. Case Referred to- Jibendra Kishore Vs. East Pakistan, 9 DLR (SC) 21; Sheikh Abdus Sabur Vs. Returning Officer, 41 DLR (AD) 30; Maneka Gandh......, Bangladesh Jatiyo Sangsad and others..............Respondents Judgment January 30, 2014. Result: The Rule is made absolute. Case Referred to- Jibendra Kishore Vs. East Pakistan, 9 DLR (SC) 21; Sheikh Abdus Sabur Vs. Returning Officer, 41 DLR (AD) 30; Maneka Gandhi Vs...

Category: Anti-Corruption Laws | Date: 30 Jan, 2014 | Hits: 5

Lakshmi Bala Sen and others Vs. Tarun Tapan Dutta @ Tapan Kumar Dutta and others, 2014, 43 CLC (AD)

....i Abdul Gani Biswas, (1980) 32 DLR (AD) 233, the Appellate Division found that President's Order Nos.88 and 136 of 1974 and 24 of 1973 were valid legislation affecting necessary amendments in the East Bengal State Acquisition and Tenancy Act and those laws cannot be attacked on the ground of ult......he matter, 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: 66 DLR (AD) (2014) 162. ..

Category: Tenancy Law | Date: 30 Jan, 2014 | Hits: 15

Abdul Quader Mollah Vs. Chief Prosecutor, International Crimes, Tribunal, Dhaka, 2013, 42 CLC (AD)

....   December 12, 2013 Result: The petitions are dismissed. Cases Referred to- AP Vs. LVA Dikshitulu, AIR 1979 SC 193; CIT Vs. National Jaj Traders, AIR 1980 SC 485; East Pakistan Vs. Sarafatullah, PLD  1970 (SC) 514; India Vs. Pradeep Kumari, AIR 1995 &nb......;  December 12, 2013 Result: The petitions are dismissed. Cases Referred to- AP Vs. LVA Dikshitulu, AIR 1979 SC 193; CIT Vs. National Jaj Traders, AIR 1980 SC 485; East Pakistan Vs. Sarafatullah, PLD  1970 (SC) 514; India Vs. Pradeep Kumari, AIR 1995   S..

Category: International Crimes Tribunal Law | Date: 12 Dec, 2013 | Hits: 15