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Kudrat‑E‑Elahi Panir and others Vs. Bangladesh, 1991, 20 CLC (HCD)
....as held in March 1989 in which the petitioners were elected for 5 years and they had been performing their functions as elected Chairman of their respective Upazilas properly and they had right to complete their 5 years terms in office from the date on which they entered upon their respective of...... 4. Kudrat‑E‑Elahi Panir (In Writ Petition No. 3002 of 1991)…………………….Petitioners Vs. Bangladesh, through the Secretary, Ministry of Local Government, Rural DevelopÂment and Co‑operative (Local Government Division), Government of Bangladesh, Bangladesh Secretariat, D...... Ordinance. The last election was held in March 1989 in which the petitioners were elected for 5 years and they had been performing their functions as elected Chairman of their respective Upazilas properly and they had right to complete their 5 years terms in office from the date on which they ......nterpretation of the Constitution, particularly, Articles 7(2), 8(2), 9 and 59 read with the first item of Article 152(1) thereof. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 179. ..Category: Constitutional Law | Date: | Hits: 461
Sadharan Bima Corporation Vs. M V Birba and others, 1991, 20 CLC (HCD)
....cessary correction in clause (1) of rule 3 of Order XLIX of the Code of Civil Procedure by inserting clause (b) instead of clause (d). Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 171.......DLR (HCD) (1992) 171....... have jurisdiction to entertain the present action, if at all, only under the Admiralty Court Act, 1861 and under no other statute or principle." His Lordship further held that: "If this is the proper analysis, and I think it is, no action will lie under the section unless the action is for da......cessary correction in clause (1) of rule 3 of Order XLIX of the Code of Civil Procedure by inserting clause (b) instead of clause (d). Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 171...Category: Admiralty Law or Maritime Law | Date: | Hits: 315
Faisal Mahbub Vs. Bangladesh, 1992, 21 CLC (HCD)
....the erstwhile Jatiya Party Government under former President HM Ershad, he ceased to be Minister since June, 1990 and he had no association with the Government or Jatiya Party ever since, he remained completely aloof from politics. After the fall of Ershad Government the detenu maintained silence an...... Present: Abdul Jalil J Abdul Hasib J Faisal Mahbub ............……..Petitioner Vs. Bangladesh, represented by the Secretary, Ministry of Home Affairs, Secretariat Buildings, Dhaka and others...................Respondents Judgment January 15, 1992. Result: The rule i......ained silence and did not participate in any kind of political activity put he has been detained for collateral, purposes under colourable exercise of power. The grounds supplied to the detenu am not proper grounds of detention. 4. The respondents filed an affidavit‑in-Âopposition controvertin......Mymensingh District Jail, Mymensingh for compliance through special messenger at the costs and risk of the petitioner, as prayed for. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 168. ..Category: Criminal Law | Date: | Hits: 81
Yunus Kha and others Vs. Abdul Momin and others, 2011, 40 CLC (AD)
....ation of materials on record do not call for interÂference. Accordingly the civil petition for leave to appeal is dismissed summarily. Ed. This Case is also Reported in: VIII ADC (2011) 613. ......in CJ Surendra Kumar Sinha J Md. Abdul Wahhab Miah J Nazmun Ara Sultana J Syed Mahmud Hossain J Muhammad Imman Ali J Mohammad Mamtaz Uddin Ahmed J Md. Shamsul Huda J Yunus Kha and others …………………………….............Petitioners Vs. Abdul Momin and other......or leave to appeal, in short, are: 3. Opposite party Nos.1-9 instituted Title Suit. No. 44 of 1993 in the Court of Senior Assistant Judge, Sarail, Brahmanbaria for partition claiming that the suit property originally belonged to Golap Jan Bibi and that it was recorded in her name. After death of ......ation of materials on record do not call for interÂference. Accordingly the civil petition for leave to appeal is dismissed summarily. Ed. This Case is also Reported in: VIII ADC (2011) 613. ..Category: Property Law | Date: | Hits: 73
Bangladesh Public Service Commission and another Vs. Maloti Rani Mondol, 2011, 40 CLC (AD)
....e to appeal is liable to be dismissed. In the circumstances the Civil Petition for leave to appeal be dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 609, 17 MLR (AD) (2012) 104.......Mahmud Hossain J Muhammad Imman J Muhammod Mamtaz Uddin Ahmed J Md. Shamsul Huda J Bangladesh Public Service Commission repÂresented by its Chairman Public Service Commission Secretariat and another …………………………......Petitioners Vs. Maloti Rani Mondol ………â€......ons. The petitioner alleged that the enquiry officer without observing the preÂscribed rules of enquiry as envisaged in the Government Servants (Discipline and Appeal) Rules, 1985 and without giving proper opportunity to the petitioner to put forth her defence submitted to the authoriÂty a pervers......e to appeal is liable to be dismissed. In the circumstances the Civil Petition for leave to appeal be dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 609, 17 MLR (AD) (2012) 104...Category: Administrative Law | Date: | Hits: 210
Md. Bande Ali Miah Vs. Chief Engineer, Housing and Settlement, 2011, 40 CLC (AD)
.... belonging to the plaintiffs from acquisition and has also ordered for gazette notification of the same. The learned Advocate has submitted that in the circumstances the Appellate Division, for doing complete justice under Article 104 of the Constitution, can take into consideration this fact of rel...... Present: Surendra Kumar Sinha J Md. Abdul Wahhab Miah J Nazmun Ara Sultana J Syed Mahmud Hossain J Muhammad Imman Ali J Muhammad Mamtaj Uddin Ahmed J Md. Shamsul Huda J Md. Bande Ali Miah being dead his heirs: 1(a) Payesy Begum and others .........Petitioners Vs. The ......he plaint. In 1959-60 vide L.A. Case No.13 the defendants acquired the said land for rehabilitation of the refugees migrated from India. That the Government assured Zayor Bibi that she would be given proper compensation and alternative land and she would not be evicted till doing so. But the said la......leave to appeal, therefore, does not merit any consideration. In the circumstances this civil petition for leave to appeal be dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 604...Category: Property Law | Date: | Hits: 65
....d on proper appreÂciation of law and facts and as such call for no interference.
The leave petition is thus dismissed summarily.
Ed.
This Case is also Reported in: VIII ADC (2011) 600.
......n Ahmed J
Md. Shamsul Huda J
S. M. Zakir Hossain .................................Petitioner
Vs.
The People's Republic of Bangladesh repreÂsented by its Secretary, Ministry of Education and others………………………………………………….... Respondents
Judgment
M......e Non-Government Colleges affiliated under the National University and as such the petiÂtioner is bound by the Regulations of 1994.
The findings arrived at by the High Court Division are based on proper appreÂciation of law and facts and as such call for no interference.
The leave petition i......d on proper appreÂciation of law and facts and as such call for no interference.
The leave petition is thus dismissed summarily.
Ed.
This Case is also Reported in: VIII ADC (2011) 600.
..
Category: Employment/Service Law | Date: | Hits: 108
Abul Hashem Master Vs. State, 1991, 20 CLC (HCD)
....der section 19A(F) of the Arms Act. He be acquitted of the charge. Let him be set at liberty if not required in any other connection. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 159. ......im @ Ibrahim Vs. State, 41 DLR 524; Arshadullah Vs. the State, 21 DLR 684;Bhuboni Sahu Vs. The King, 2 DLR 39; Kochi @ Jishan & ors. Vs. The State, 8 BLD, 412. Lawyers Involved: Zakir Ahmed and Md. Ashfaqul Islam, Advocates ‑ For the Appellants. Shah Azizur Rahman Assistant Attorney G......d the accused‑appellant cannot get a benefit of this mistake in the charge‑sheet for getting acquittal. 9. Next, he has submitted that the evidence of all the witnesses of recovery is good and proper evidence under section 3 of the Evidence Act. All the witnesses have stood the test of crossâ......der section 19A(F) of the Arms Act. He be acquitted of the charge. Let him be set at liberty if not required in any other connection. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 159. ..Category: Criminal Law | Date: | Hits: 85
Mafizur Rahman Vs. Joynal Abedin and others, 1992, 21 CLC (HCD)
....ecords expeditiously. Let a copy of the judgment be sent to the learned Subordinate Judge at his present station for his guidance. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 158. ......992) 158. ......milla) Civil Revision No.6019 of 1991 (Dhaka) Judgment M Mahmudur Rahman J.-In this case a simple question was raised for decision as to whether a petition without stating the amount of the property to be recovered before the Village Court is maintainable. 2. The predecessor‑in‑inte......ecords expeditiously. Let a copy of the judgment be sent to the learned Subordinate Judge at his present station for his guidance. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 158. ..Category: Property Law | Date: | Hits: 74
Government of Bangladesh Vs. Syndicate Limited, 1998, 17 CLC (HCD)
....est the tender of the opposite party was accepted 16-7-91 and the company was given the work order under Memo No.265/R dated 10-8-91 of the Superintending Engineer, Roads and Highways, Chittagong, to complete the work within one year and three months. The contractor started constructing the bailey b......adar, 6 DLR 478; Messrs R Sim & Co Vs. Messers Pak Industries Ltd., 8 DLR 305; Government of Bangladesh Vs. Jalaluddin Ahmed 37 DLR (AD) 27; Shambhu Nath Vs. SM Surja Devi, AIR 1961 Allahabad 180 and Ganesh ChandraMisra Vs. Artatrana Misra, AIR 1965 Orissa 17; Federation of Pakistan Vs.H Ghulam ......e of the court. We find no merit in this revisional application. The Rule is, accordingly, discharged without any order as to coats. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 330.......e of the court. We find no merit in this revisional application. The Rule is, accordingly, discharged without any order as to coats. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 330...Category: Alternative Dispute Resolution | Date: | Hits: 147
Pubali Bank Ltd. Vs. Sultana Oil Mills and Soap Factory and others, 1998, 17 CLC (HCD)
....der as to costs. The judgment and decree passed by the trial Court is hereby affirmed. Send down the lower court records at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 323. ....... ......artnership firm, against the pledge of oil seeds and other stock-in-trade. The defendant Nos.2 to 4, the partners of the defendant No.1 also executed collateral security. Defendant No.3 mortgaged his property as further security for the loan. The charge documents were executed on 27-5-1963. The defe......der as to costs. The judgment and decree passed by the trial Court is hereby affirmed. Send down the lower court records at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 323. ..Category: Business or Commercial Law | Date: | Hits: 196
Khorshed (Md.) alias Khorshed Vs. State, 1999, 18 CLC (HCD)
....ppeal is dismissed. The judgment, order of conviction and sentence appealed against are confirmed. Send down the LC Records at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 317....... the State. Criminal Appeal No.538 of 1995. Judgment Md. Hamidul Haque J.- This appeal at the instance of sole convict appellant Khorshed is directed against the judgment order of conviction and sentence passed by the learned Additional Sessions Judge, 5th Court, Dhaka in Sessions Case No.4......d to give a different version at the time of trial, the other witnesses supported the prosecution case and proved the same. So, according to him, the conviction given by the trial Court was legal and proper. 4. We have already noticed that in this case the informant himself gave different version......ppeal is dismissed. The judgment, order of conviction and sentence appealed against are confirmed. Send down the LC Records at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 317...Category: Criminal Law | Date: | Hits: 54
Moqbul Hossain Bakul and others Vs. Mohammad Ali and others, 1998, 17 CLC (HCD)
....aintain status quo in respect of the possession of the suit property is hereby vacated. Send down the lower court records at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 307. ......ower court records at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 307. ......b impleading the opposite parties No.1-4 as first party defendant and opposite parties No. 5-7 as 2nd party defendants, praying for declaration of their rayati right by purchase in ‘kha’ schedule properties which is included in ‘Ka’ schedule property and for a declaration that the Kabala exe......aintain status quo in respect of the possession of the suit property is hereby vacated. Send down the lower court records at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 307. ..Category: Property Law | Date: | Hits: 65
....under section 103(b) of the Bengal Tenancy Act while the SA Khatian has no such presumptive value. The learned Courts below thus evidently erred in law in placing too much reliance on the SA Khatians completely ignoring the overwhelming evidence on record to prove that it had no legal foundation and......
(Civil)
Present:
Gour Gopal Saha J
Hindu Deity Lakshmi Gobinda Jew………………Petitioner
Vs.
Deputy Custodian, Enemy Property (now Vested Property), Government of Bangladesh and others...………..Opposite Parties
Judgment
August 16, 1998.
Result:
The Rule is ......34 of 1970 dismissing the suit.
2. The petitioner as plaintiff instituted a suit in the Second Court of Subordinate Judge, Dhaka being Title Suit No.34 of 1970 for declaration of title in the suit properly and for a further declaration that the suit property cannot be treated as Enemy property (V......t be treated as abandoned property or vested property (enemy property) by the defendants.
Send down the lower Court records at once.
Ed.
This Case is also Reported in: 51 DLR (HCD) (1999) 300...
Category: Property Law | Date: | Hits: 102
Shamsuddin Ahmed and others Vs. Government of Bangladesh and others, 1993, 22 CLC (HCD)
....er dated 19.11.92 till the hearing of the appeal. 10. The learned Deputy Attorney‑General further argued that the plaintiffs have purchased about 42 acres of land by transfer documents which are completely against the provisions contained in PO 142 of 1972 and PO 98 of 1972 which provides that ...... Reported in: 45 DLR (HCD) (1993) 675. ......tle Appeal No.170 of 1992 allowing appointment of receiver during the pendency of the appeal, should not be set aside or such other or further order or orders passed as to this Court may seem fit and proper. 2. The facts giving rise to this Rule are that the plaintiff petitioners instituted a sui......lier granted by this Court and extended from time to time is hereby vacated. Communicate the order to the Court concerned at once. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 675. ..Category: Property Law | Date: | Hits: 68
Rana Madbar and others Vs. State, 1999, 18 CLC (HCD)
....2 are affirmed and as against appellant No.3, Nazrul Islam, set aside and he be released at once if not wanted in any other connection. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 499.......connection. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 499....... gang cannot be held liable by applying the provisions of paragraph 5 of the Schedule to the Special Powers Act, 1974. So, we are of the view that the conviction of appellant No.3 Nazrul Islam is not proper and legal. In the result, the appeal is allowed in part. The judgment, order of conviction......2 are affirmed and as against appellant No.3, Nazrul Islam, set aside and he be released at once if not wanted in any other connection. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 499...Category: Criminal Law | Date: | Hits: 59
Mizanur Rahman Khan (Md.) and another Vs. Jinnatul Ferdous and others, 1999, 18 CLC (HCD)
....ioner on 18-6-97 in execution of the writ issued to him by the learned Executing Court. Send down the lower Court records at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 493. ......Court records at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 493. ......ating, inter alia, that he delivered possession to the petitioner of Title Execution Case No.20 of 1997 in 18 acre of land hut he could not deliver the possession in the remaining portion of the suit property due to apprehension of tough resistance by the judgment- debtors and prayed for a larger co......ioner on 18-6-97 in execution of the writ issued to him by the learned Executing Court. Send down the lower Court records at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 493. ..Category: Civil Law | Date: | Hits: 66
Falu Mia Vs. Md. Nazrul Islam and others, 1999, 18 CLC (HCD)
....the power at any stage of the proceedings to make any person, either on its own motion or on the application of an interested party, a defendant in the suit whose presence is considered necessary for complete and effective adjudication of the suit. Likewise the Court can at any stage of the proceedi......in: 51 DLR (HCD) (1999) 486. ......e purpose of the case are that opposite party No.1 as plaintiff instituted a suit in the 3rd Court of the Subordinate Judge, Dhaka being Title Suit No.131 of 1987, praying for partition of the ejmali properties as described in the schedule of the plaint. 3. The defendants appeared in the suit and......of the proceedings to make any person, either on its own motion or on the application of an interested party, a defendant in the suit whose presence is considered necessary for complete and effective adjudication of the suit. Likewise the Court can at any stage of the proceedings strike out the name..Category: Procedural Law | Date: | Hits: 67
Tahmid Ahmed Vs. Jalaluddin Jafar Ali Husein, 1999, 18 CLC (HCD)
....ise closed and concluded by a proper hearing, vide 48 DLR (AD) 178. Hence the instant review application must fail as not maintainable. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 483.......ner Vs. Jalaluddin Jafar Ali Husein………………………..Objector Judgment May 27, 1999. Result: The review application is not allowed. Cases Referred to- Maqbul Ahmed and another Vs. Ahmed Impex (Pvt.) Ltd. and others, 48 DLR (AD) 82; 50 DLR 429; 51 DLR 118; 48 DLR (......de of Civil Procedure applicable for review by the Company Court. Even if for argument sake, provisions of Order 47 rule 1 were applicable, the grounds contained in the review application are not the proper grounds for review as contemplated under Order 47 rule 1 as they seek to re-open the case whi......ise closed and concluded by a proper hearing, vide 48 DLR (AD) 178. Hence the instant review application must fail as not maintainable. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 483...Category: Company Law | Date: | Hits: 186
Shaikh Jahangir Hossain Vs. Government of BanglaÂdesh and others, 2001, 30 CLC (HCD)
....udgment be forwarded, to the learned Judge wherever he is posted now, for his future guidance. Send down the lower Court records at once. Ed. This Case is also Reported in: 55 DLR (2003) 405. ......ellate Jurisdiction) Present: ABM Khairul Haque J K Musa Khaled J Shaikh Jahangir Hossain…………………………………..………..Appellant Vs. Government of BanglaÂdesh and others................Respondents Judgment November 12, 2001. Result: The suit for s......plot No.18, and deposited 25% of his quoted price in favour of the defendant and both of his tenders were found to be the highest, that in such circumstances the decision to cancel the tender was not proper only the ground that realistic price for the plots was not offered and the decision to transf......udgment be forwarded, to the learned Judge wherever he is posted now, for his future guidance. Send down the lower Court records at once. Ed. This Case is also Reported in: 55 DLR (2003) 405. ..Category: Civil Law | Date: | Hits: 82
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