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M/s. Brick Linkers Ltd. and another Vs. Joint District Judge & Others, 2005, 34 CLC (HCD)
....huddin with A.K.M. Asiful Haque - For petitioners. Md. Harunur Rashid - For the respondent No.2. Writ Petition No.3707 of 2003. Judgment Md. Awlad Ali J.- This Rule arises out of an order dated 24.4.2003 passed by the Joint District Judge and First Artha Rin Adalat, Dhaka allowing the ap......n is provided or by section 48 of the Code of Civil Procedure, 1908 (V of 1908) (three Years) When the right to apply accrues 7. Mr. Mesbahuddin has at least cited 2 decision of Indian jurisdiction on the proposition that the application should be filed within 3 yea..Category: Limitation Law | Date: | Hits: 162
Ain-O-Salish Kendro (ASK) Vs. Government of Bangladesh and others, 2006, 35 CLC (HCD)
.... fit and proper. 2. During pendency of the aforesaid Rule in Writ petition No.2852 of 1997 an application for modification of the Rule was filed by the petitioner whereupon this Court in its order dated 26.2.98 modified the Rule as under: 'Let a Rule Nisi be issued calling upon the respondents...... strictly traditional, are clearly in the nature of habeas corpus writ and, therefore, within the wider sweep of Article32, as was held by Krishna Iyer Jin the said case. 30. Referring to the said decision Mr. Nizamul Huq has drawn our attention to paragraph 26 of the said Judgment with runs as u..Category: Constitutional Law | Date: | Hits: 219
Sharif Uddin and another Vs. Bangladesh & others, 2009, 38 CLC (HCD)
....72 of 2008 has been filed by Haji Md. Abdul Momith. 3. In both the writ petitions the petitioners challenged the legality of স্মারক নং-ইপ/অভনঃ ৩১/৯৫/৫১৬ dated 23-4-2008 (hereinafter referred to as the impugned Memo) issued by respondent No.2 giving admi...... that the objections were baseless because two of the objectors namely, Abdul Jalil and Abdul Wadud, were present in all the meeting of the Parishad and they endorsed their support for the Parishad's decisions to accept the land of the Haji Md. Abdul Momith. Accordingly, the Parishad again sent its ..Category: Property Law | Date: | Hits: 130
Ismail Hossain (Md.) Vs. Shakhina and others, 2012, 41 CLC (HCD)
....Party No. 1. Civil Revision No.1585 of 2009. Judgment Sheikh Abdul Awal J. - This Rule was issued calling upon the opposite party No.1 to show cause as to why the impugned judgment and Order dated 30-8-2001 passed by the learned Joint District Judge, 1st Court, Gazipur in Miscellaneous Appe......nder section 115(1) of the Code of Civil Procedure and obtained the present Rule. 9. Mr. AFM Mesbahuddin, the learned Advocate appearing for the petitioner at the very outset upon referring to the decisions reported in 49 DLR (AD) 151, PLD 1984 (SC) 166 and 21 DLR (SC) 50 submits that though the ..Category: Property Law | Date: | Hits: 117
....Hoque J.- This Rule was issued at the instance of the petitioner Aung Shwe. Prue Chowdhury calling upon the respondents to show cause as to why the impugned notification No. Spe. Sa:(Ain)‑32/95/205 dated 4‑11‑96 published in Bangladesh Gazette on 20‑11‑96 (Annexure‑E) should not be decla......male relative by male line of descent and that fitness and age rather than priority of descent regulate succession to the Bohmong chief. Petitioner could not show anything contrary to the said policy decision of the Government which is being followed in nominating and recognising the chief of the Bo..
Category: Civil Law | Date: | Hits: 185
Fazal Hossain (Md.) and others Vs. Md. Helal Mia & others, 2009, 38 CLC (HCD)
....Party. Civil Revision Case No.2869 of 2004. Judgment AFM Ali Asgar J.- This rule was issued calling upon the opposite party No.1 to show cause as to why the impugned judgment and order dated 29-5-2000 passed by the learned Subordinate Judge, 3rd Court, Dhaka in Miscellaneous Appeal No......circumstance and law involved in the case and, as such, the impugned judgment is not sustainable in law as the learned appellate Judge has committed error of law which has resulting in error in the decision occasioning failure of justice. Mr. Mazumder further submits that the impugned judgment suf..Category: Property Law | Date: | Hits: 138
Mostafa Chowdhury & another Vs. State & another, 1982, 11 CLC (HCD)
....amount. Upon such allegations, the Sub-Divisional Magistrate examined the complainant and issued warrant of arrest against the accused-petitioners under section 406 of the Penal Code by his order dated 25.10.79. 3. In C.R. Case No.1830 of 1979 (Crl. Revision No.202/1980) the complainant-oppo......artnership deed providing for re-solution of disputes between the parties. In support of the submissions excluding the last one, the learned Advocates for the petitioners have refined to a Full Bench decision of the Calcutta High Court in the case of Bhuban Mohen Das Vs. Surendra Mohan Das, reported..Category: Criminal Law | Date: | Hits: 87
Md. Shermat Ali Vs. Mossammat Lilifa Khatun, 2005, 34 CLC (HCD)
....ury - For the Opposite Party. Civil Revision No.859 of 2002. Judgment Shahidul Islam J.- By this Rule the Opposite Party was directed to show cause as to why the impugned Judgment and decree dated 17.11.2001 passed by the Joint District Judge, 1st Court, Nilphamari, in Family Appeal No.11 o......he instant Rule. 8. Mr. Md. Khurshid Alam Khan, the learned Advocate on appearing for the Petitioner submitted that both the Courts below has committed an error of law resulting in an error in the decision occasioning a failure of justice on misreading Ext. Ka and non-reading evidence of D.Ws. Mr..Category: Family Law | Date: | Hits: 224
....the Opposite Party.
Civil Revision No. 4568 of 2004.
Judgment
Shahidul Islam J.- By this Rule the Opposite Party No.1 was called upon to show cause as to why the impugned Judgment and decree dated 30.7.2002 passed by the learned Additional District Judge, 3rd Court, Comilla in Title Appeal ...... recognized non-government school continues functioning and is in operation in accordance with law the teachers and employees of that school is entitled to get their salary and other allowances. That decision is squarely applicable in the instant case. In view of the above I have no hesitation but t..
Category: Civil Law | Date: | Hits: 104
lqbal Hossain Talukder (Md.) Vs. Md. Joinal Abedin Talukder and 76‑others, 2002, 31 CLC (HCD)
....y way of inheritance exercised right of pre‑emption on laying a petition under section 96 of The Act in the Court of Assistant Judge, Hajiganj, Chandpur in respect of property conveyed in Sale deed dated 17‑9‑1994 which has been described in Schedule to Petition. Property will be known as Case......emption? v. What other relief or reliefs Pre-emptors are entitled to get? 9. Learned Trial Judge took up Issue No. II first and decided it in favour of Pre-emptors-Opposite Parties rendering decision that case is not barred by limitation. 10. Learned Trial Judge, thereafter, took up Issu..Category: Property Law | Date: | Hits: 116
Durga Rani Sutradhar Vs. Paresh Chandra Sutradhar, 2002, 31 CLC (HCD)
....petitioner Durga Rani Sutradhar of the original Miscellaneous Case No.105 of 1986 (probate case) has preferred this appeal under section 299 of the Succession Act, 1925 against the judgment and order dated 8‑11‑1989 passed by the learned District Judge. Narayanganj in Miscellaneous Appeal No.13/......Evidence Act when the original 'Will' has been destroyed or lost. The burden of proving due execution is on the profounder assessable on the preponderance of evidence. In such view of the matter, the decision of the courts below cannot be legally sustained. 16. It is to be mentioned here that we ..Category: Property Law | Date: | Hits: 113
....spondent Nos.1 and 2.
Writ Petition No. 3519 of 1997.
Judgment
Afzal Hossain Ahmed J.- This Rule Nisi was issued calling upon the respondents to show cause as to why the impugned order dated 5-6-1996 passed against the petitioner under thesignature of Respondent No.3 allegedly acting ......tmental proceedings for the purpose of disciplinary-actions and inflicting punishment there for and such practice is permissible. Mr. Rahman in support of his submission has relied upon an unreported decision of the appellate Division passed in Civil Petition for Leave to Appeal No.367 of 1995 in th..
Category: Employment/Service Law | Date: | Hits: 205
Nirman International Ltd. and another Vs. Janata Bank, 2010, 39 CLC (HCD)
....site Party. Civil Revision No.4043 of 2005. Judgment Sharif Uddin Chaklader J.- This rule was issued calling upon the opposite party to show cause as to why the judgment and order No.1 dated 24-4-2005 passed by the learned District Judge, Dhaka in Civil Revision No.406 of 2005 summari......Judge of a principal civil Court, not to any one inferior. When execution of a foreign decree is required, it must be filed before the District Judge, no to any other Judge. Here, we may refer to the decision of Sonali Bank Vs. Abidur Rahman wherein it is held as— "’The District Court’ ment..Category: Civil Law | Date: | Hits: 168
Bangladesh Water Development Board and other Vs. Progati Prakaushali & another, 1996, 25 CLC (HCD)
....Cox's Bazar under Annual Development Programme, 1987‑88. The estimated cost of the project was Taka 1,79,59,902.00. The detailed work order was issued by the Executive Engineer vide his memo No.776 dated 2‑5‑88 and the work was scheduled to be completed by the 30th June, 1989. The respondent N...... the award given by the Arbitrator is liable to be set aside and the learned Subordinate Judge did not at all consider this pertinent aspect of the matter and thus he fell into a serious error in the decision and the impugned order is liable to be set aside on this score alone. The learned Advocate ..Category: Alternative Dispute Resolution | Date: | Hits: 606
Abdul Latif Vs. Md. Sheesh, 1982, 11 CLC (HCD)
....y, 1976. The plaintiff's prayer, inter alia, was as follows:- "(a) Pass a decree in favour of the plaintiff and against the defendant declaring that the defendant's said sale-deed No. 12779 dated 28-7-76 of the Sadar Sub-Registry Office, Dacca in respect of the suit property is null and vo......directed that the plaint be returned to the plaintiff for presentation in the proper forum having jurisdiction. 3. On appeal, the learned Additional District Judge, 5th Court, Dacca affirmed the decision of the learned Munsif, holding, that as it was a suit for declaration simpliciter and there..Category: Civil Law | Date: | Hits: 123
Abul Hossain Azad Vs. Government of Bangladesh & Others, 2005, 34 CLC (HCD)
....f Education and 4 others to show cause as to why the order nominating the respondent No.5 as the Chairman of the managing Committee of J.K. High School, communicated Vide Memo No.Sha-11/2(2)72001/599 dated 21.6.2003, issued under the signature of the respondent No.2 shall not be declared to have bee......f the Managing Committee was held. In the said election, the petitioner secured 5 votes while the respondent No.5 secured 3 votes and accordingly the Secretary (ex-officio) of the school informed the decision of the meeting of the Chairman, Secondary and higher Secondary Education Board, Sylhet and ..Category: Others | Date: | Hits: 181
Rawsan Ara Begum alias Rawshani Vs. State, 2005, 34 CLC (HCD)
.... Appeal No.1626 of 1999. Judgment Syed Mohammad Ziaul Karim J.- By this appeal convict appellant Rawsanara Begum alias Roshani alias Rosni has challenged the propriety of the Judgment and order dated 07-07-1999 passed by the learned Sessions Judge, Sherpur in Session Case No.37 of 1997 convict......dent corroboration so according to him the learned Judge of the trial Court failed to weigh and sift the evidence on record as required by law and evidently fell in an error in coming to his ultimate decision occasioning failure of justice. 10. Mr. Parvin Hannan, the learned Assistant Attorney Ge..Category: Criminal Law | Date: | Hits: 142
Mohammad Ali Miah and others Vs. Md. Sekander Ali Haowlader, 2007, 36 CLC (HCD)
.... Civil Rule being No.263(F) 2000 which has arisen out of this appeal is taken up together for disposal. 2. This appeal at the instance of the defendants is directed against the Judgment and decree dated 31.10.2000 passed by the learned Sub-ordinate Judge, fourth Court and Artha Rin Adalat, Dhaka ......eed within 15 days or within a limited period and the trial Court upon a completely erroneous premises wrongly decreed the suit. 17. Mr. Chowdhury the learned Advocate for the appellants cited the decision in the case Rash Behari Moshalkar Vs. Hiron Baja Debi and another reported in 1985 BLD (AD)..Category: Civil Law | Date: | Hits: 102
Abdus Samad @ Md. Abdus Samad Vs. State, 2011, 40 CLC (AD)
....te, Instructed by Md. Abu Siddique, Advocate-on-Record- For the Petitioner. Not represented- the Respondent. Criminal Petition for Leave to Appeal No.187 Of 2009 (From the judgment and order dated 22.07.2008 passed by the High Court Division in Criminal Appeal No.3701 of 2008) Order M......ling with the facts and law committed no error of law. It has been found further that the High Court Division while affirming the judgment and order of the trial Court took in to consideration of the decision in the Case of Md. Abdul Majid Barker Vs. The State reported in 40 DLR (AD) 83, the relevan..Category: Criminal Law | Date: | Hits: 116
....filed by the petitioner Ataur Rahman under Article 102 of the Constitution of the People's Republic of Bangladesh a Rule Nisi was issued calling upon the respondents to show cause as to why the order dated 2‑6‑96 (Annexure‑C) issued by the respondent No.3 in favour of respondent No.5 should no......য়া চুক্তি বলবত হওয়ার তারিখ হইতে এক বত্সর ইজারা চালু রাখা সঙ্গত হইবে।”
Although the decision given by respondent No.2 was endorsed to respondent Nos.3, 4 and others, respondent No. 4 w..
Category: Civil Law | Date: | Hits: 178
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