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Shahabuddin (Md) Vs. Secretary, Ministry of Youth and Sports and others, 1991, 20 CLC (HCD)
....tition before this Court under Article 102(2)(a)(ii) of the Constitution, therefore, is not maintainable on the grounds stated above. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 360. ......al Original Jurisdiction) Present: Fazle Hussain Mohammad Habibur Rahman J Mainur Reza Chowdhury J Shahabuddin (Md)......................Petitioner Vs. Secretary, Ministry of Youth and Sports and others.....................Respondents Judgment May 2, 1991. Lawyers Involve......that the BG Press did not file any Appeal challenging the result of the Junior Division League before the Football Federation Appeal Committee and that the Arbitration Tribunal was not constituted by proper authority in view of the fact that the Executive Committee of the Football Federation was not......tition before this Court under Article 102(2)(a)(ii) of the Constitution, therefore, is not maintainable on the grounds stated above. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 360. ..Category: Constitutional Law | Date: | Hits: 165
....made without any lawful authority and to be of no legal effect.
The Rule is accordingly made absolute without any order as to costs.
Ed.
This Case is also Reported in: 45 DLR (HCD) (1993) 357.......
Present:
Fazle Hussain Mohammad Habibur Rahman J
Mainur Reza Chowdhury J
New Eastern Trading Corporation Limited……………….Petitioner
Vs.
Chairman, Third Labour Court, Dhaka and another………………..Respondents
Judgment
July 1, 1991.
Cases Referred To-
Jam......b), the Court after notice and given the parties hearing, may decide the matter:
(d) in deciding the matter, the Court may pass such orders including orders regarding cost, as it may deem just and proper and it may, in appropriate cases, require, by such order, the reinstatement of the complainan......made without any lawful authority and to be of no legal effect.
The Rule is accordingly made absolute without any order as to costs.
Ed.
This Case is also Reported in: 45 DLR (HCD) (1993) 357...
Category: Labour and Industrial Law | Date: | Hits: 124
Abdul Hakim and others Vs. State, 1991, 20 CLC (HCD)
....examination of the appellant under section 342 CrPC. The learned Advocate contends that P.W.1 who lodged the FIR and who was responsible for investigation of the case to a great extent and P.W.12 who completed the investigation and submitted charge-sheet on perusal of the papers have not stated anyt...... Court High Court Division (Criminal Appellate Jurisdiction) Present: Mahmudul Amin Chowdhury J Abdul Hakim………………Appellant Vs. State……………...Respondent and Alfazuddin………………..Appellant Vs. State………………..Respondent Judg......e sentence should run concurrently. It has also been ordered that for the misappropriated amount this appellant was fined Tk. 26,000.00 and for the realisation of the amount his movable and immovable properties be confiscated to the State. The trial Court also found appellant Alfazuddin Ahmed of Cri......the conviction and sentences are set aside and the appellants are acquitted and they are discharged from their respective bail bonds. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 352. ..Category: Criminal Law | Date: | Hits: 84
Abdul Gani Khan Vs. Shamser Ali and others, 1991, 20 CLC (HCD)
....ch the impugned judgment does not call for any interference. In the result, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 349. ......HCD) (1993) 349. ......passed in that aforesaid suit stands vitiated by fraud. The term "fraud" has not been defined in the Evidence Act. The definition of fraud is only to be found in section 17 of the Contract Act. Fraud property includes all acts, omissions, and concealments, which involve a breach of legal or equitabl......ch the impugned judgment does not call for any interference. In the result, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 349. ..Category: Procedural Law | Date: | Hits: 105
Altaf Hossain Vs. Abbas Ali and another, 1991, 20 CLC (HCD)
....ing in the Court of Upazila Munsif, Fulbaria, District Mymensingh. In the result, the Rule is made absolute. No order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 374. ......R (HCD) (1993) 374. ......al is pending adjudication in respect of a matter in issue between the same parties in a previously instituted suit which is also a matter in issue in the subsequent suit between the same parties the proper course is to approach the subsequent Court in which the suit is pending for staying trial of ......on under section 10 CPC before the appellate Court for staying the trial of that subsequent suit. She submits that the view taken by the learned Munsif is erroneous in that where an appeal is pending adjudication in respect of a matter in issue between the same parties in a previously instituted sui..Category: Property Law | Date: | Hits: 68
Shaikh Sharnsuddin Ahmed Vs. Nazmul Huda and others, 1993, 22 CLC (HCD)
.... not mandatory and a mere technical irregularity has been committed by the Court below in not complying with the direction. According to him, the addition of the parties will facilitate effective and complete determination of the controversy between the parties and as such no question of failure of ......1993) 369. ...... petitioner Sk. Shamsuddin Ahmed, the Government and the Additional Deputy Commissioner (Revenue), Khulna as principal defendants and some other proforma defendants for declaration in respect of some properties situated in Khulna town. Defendant Sharnsuddin Ahmed filed a written statement and was co......1.85 in accordance with law, in the light of the observations made above and in compliance with the direction of the appellate Court. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 369. ..Category: Procedural Law | Date: | Hits: 77
Abdul Awal and others Vs. Abdul Hamid and others, 1991, 20 CLC (HCD)
....ial cause." Apart from special causes mentioned in clauses (a) and (b) of Order 41 CPC the appellate Court has the power to accept additional evidence "for any other substantial cause," such as doing complete justice between the parties. The power to allow additional evidence should be exercised occ......as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 363. ......g plaintiff and some defendant as heirs and other defendants are the heirs of Abdur Razzak and Dalema Bibi. In this way plaintiff inherited one anna 5 gondas, 2 krants 2/3rd Danties share in the suit property and in addition to that share he made purchase of 3.07 acres of land on the strength of reg......ce and as such it does not call for any interference. In the result, the second appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 363. ..Category: Property Law | Date: | Hits: 69
Anwar Hossain and others Vs. Abul Hossain Molla and others, 1991, 20 CLC (HCD)
.... Appeal No.323 of 1969 is hereby set aside and those of the trial Court are restored. In view of this fact I make no order as to cost. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 79. ......s to cost. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 79. ......s suit for a declaration of title and confirmation of possession in respect of the land described in the schedule of the plaint. The case as set up in the plaint can briefly be stated thus: 3. The properties described in schedule 'Ka' to 'Uma' in the plaint was originally owned and possessed by J......do it, to see that he acts judicially. It enables the High Court to judge whether the 1st appellate Court had independently considered the case with a consciousness of relevant points which arose for adjudication. It is also to afford the parties opportunity of knowing the grounds of decision to ena..Category: Property Law | Date: | Hits: 91
Bangladesh Vs. Md. Aslam and others, 1989, 18 CLC (HCD)
.... any party to make out a new case not made out in their pleading." 21. The Court of appeal appears to have acted illegally and beyond the power vested in it by allowing the plaintiff to make out a completely new case and to make out a new pleading inconsistent with his earlier pleadings made in t......DLR (HCD) (1992) 69....... 4. The learned trial Court upon hearing the parties and perusing the evidence oral and documentary dismissed the suit on the findings that the plaintiffs had no right, title or interest in the suit property and they had also acquired no right by way of adverse possession and accordingly he dismiss...... Title Suit No.3 of 1976, is hereby set aside and the judgment and decree of the learned Subordinate Judge are affirmed and maintained. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 69...Category: Property Law | Date: | Hits: 96
Haroon and another Vs. Mst. Sufia Khatun and another, 1990, 19 CLC (HCD)
.... contention is overruled. For all these reasons I find no substance in this case. The Rule is, accordingly, discharged with costs. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 63.......ase is also Reported in: 44 DLR (HCD) (1992) 63.......o application to the executing Court complaining of the resistance. However, the petitioners who are third parties to the decree came up with an application saying that they were in possession of the properties in question in their own right as allottees from the Government and, therefore, were not ......t unless and until the decree‑holder makes an application under Order 21 rule 97 of the Code, a person who is not a party to the decree has no locus standi to make any application under rule 99 for adjudication of his alleged claim of title or possession over the disputed property and if he makes ..Category: Civil Law | Date: | Hits: 89
.... the confidence of the public in those, service... that there should be a power to ensure the temporary severance of the member of the public services... from his functions until the enquiry has been completed the power is relatable both to duty of maintenance of high standards in the administration......Original Jurisdiction)
Present:
Fazle Hussain Mohammad Habibur Rahman J
KM Hasan J
Dr. Syed Mahbubur Rahman......................Petitioner
Vs.
Bangladesh University of Engineering and Technology, represented by its Vice Chancellor and another..................Respondents
J......iolation of the Rule and demanded cancellation of the appointment of the petitioner as a professor on probation. The interpretation given by those teachers is quite wrong and the Selection Board upon proper interpretation and application of the Rule relating to qualification for appointment of profe......ind no illegality whatsoever in impugned orders and on the grounds stated above, the Rule is discharged without any order as to cost.
Ed.
This Case is also Reported in: 45 DLR (HCD) (1993) 333.
..
Category: Employment/Service Law | Date: | Hits: 155
Government of Bangladesh and others Vs. Excellent Corporation, 2010, 39 CLC (AD)
....rrency to the writ petitioner. In terms of the agreement LC was opened as to the C&F price payable in foreign currency amounting to US $ 28,71,750/-and in due course the contract was successfully completed and the coins were delivered to Bangladesh Bank and the payment in terms of the LC was dul...... Appellate Division (Civil) Present: Mohammad Fazlul Karim CJ Md. Abdul Matin J ABM Khairul Haque J Md. Muzammel Hossain J Surendra Kumar Sinha J Government of Bangladesh and others..........Appellants Vs. Excellent Corporation…………………………..............gent will not be entitled to any remuneration in respect of the part of the business which he had misconduct as will be evident from section 220. Section 221 provides for agents lien on principal's property as under: "Agent's lien on principal's property-in the absence of any contract to the co...... without any order as to cost. The Judgment of the High Court Division is set aside. Ed. This Case is also Reported in: 63 DLR (AD) (2011) 148, 16 MLR (AD) (2011) 433, 8 LG (AD) (2011) 190. ..Category: Business or Commercial Law | Date: | Hits: 267
Syed Mokbul Hossain Vs. Government of Bangladesh, 1990, 19 CLC (HCD)
....ravelling abroad. Outside Bangladesh the passport is a complementary part of its holder. Without a Passport a Bangladeshi in abroad is simply immobilized there, a passport is needed to make a citizen complete outside the territory of Bangladesh ' In that view of the matter a passport is not only a p...... Abdur Rouf J Mahmudul Amin Choudhury J Syed Mokbul Hossain…………Petitioner Vs. Government of Bangladesh, represented by the Secretary of Home Affairs, Bangladesh Secretariat, Dhaka and others ............Respondents Judgment July 17, 1990. Cases Referred to- Government......s Republic of Bangladesh, the actions of the respondents are violative of the provisions thereof. He has also submitted that whenever any passport is issued and delivered to a citizen, it becomes the property of its holder and in that, cancellation of the passport of the petitioner, is also violativ......t should not be lightly interfered with. In the facts and circumstances of the case, there will, however, be no order as to costs. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 39. ..Category: Constitutional Law | Date: | Hits: 288
Mohammad Mofizuddin Vs. Mohammad Firoj Alam and another, 1991, 20 CLC (HCD)
....of such a power. The Rule is, therefore, made absolute without, however, any order as to costs and the impugned order is set aside. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 36. ......urt High Court Division (Civil Revisional Jurisdiction) Present: Bimalendu Bikash Roy Chowdhury J Mohammad Mofizuddin ..........................Petitioner Vs. Mohammad Firoj Alam and another……………..…..…….Opposite Parties Judgment July 31, 1991. Case Refer......eing no reliable basis for the confidential report of the said committee, the decision taken by the Discipline Committee of the Board of Intermediate and Secondary Education Jessore was not legal and proper. The suit was, accordingly, decreed and the Gazette Notification No.2545 dated 8.12.1981 was ...... not maintainable. I find merit in the submission. The learned Advocate for the plaintiff opposite party finds it difficult to contend that the presence of the Board is not necessary for an effective adjudication of the suit. He therefore, hold that the suit is not properly constituted. For all thes..Category: Civil Law | Date: | Hits: 84
Salahuddin Khan and others and others Vs. Md. Abdul Hai Bahar and others, 2011, 40 CLC (AD)
.... The trial Court is further directed to dispose of the suit as expeditiously as possible. Ed. This Case is also Reported in: 63 DLR (AD) (2011) 138, 31 BLD (AD)(2011) 185, VIII ADC (2011) 869. ......in CJ Surendra Kumar Sinha J Md. Abdul Wahhab Miah J Nazmun Ara Sultana J Syed Mahmud Hossain J Md. Imman Ali J Md. Mamtaz Uddin Ahmed J Md. Shamsul Huda J Salahuddin Khan and others and others...................Appellants Vs. Md. Abdul Hai Bahar and others………......ant Nos.1 and 2 and respondent No.20 as plaintiffs instituted Title Suit No.43 of 1996 in the Court of Subordinate Judge, first Court, Khulna (now Joint District Judge) for redemption of the mortgage property along with other reliefs on the averments, inter alia, that plaintiff No.1 is a private l...... The trial Court is further directed to dispose of the suit as expeditiously as possible. Ed. This Case is also Reported in: 63 DLR (AD) (2011) 138, 31 BLD (AD)(2011) 185, VIII ADC (2011) 869. ..Category: Civil Law | Date: | Hits: 86
Abdul Jabbar Vs. State and Pradip Kumar Biswas, 1991, 20 CLC (HCD)
....opy of this order to Mr. Shafiqul Islam, Chief Metropolitan Magistrate, and Khulna immediately for his future guidance and instructions. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 21.......urt High Court Division (Criminal Revisional Jurisdiction) Present: Anwarul Haque Chowdhury J Kazi Ebadul Hoque J Abdul Jabbar……………………Petitioner Vs. The State and Pradip Kumar Biswas………………………Opposite Parties Judgment January 21, 1991. ......ixing the date for further steps but it appears to have been done on a clear misreading of the Rule and the stay granted by this Court. This mistaken reading can only be attributed to the lack of proper knowledge of the proceeding of this Court by the Court below namely, the Metropolitan Magis......opy of this order to Mr. Shafiqul Islam, Chief Metropolitan Magistrate, and Khulna immediately for his future guidance and instructions. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 21...Category: Criminal Law | Date: | Hits: 84
Fazle (Md) Rabbi and others Vs. Election Commissioner, 1991, 20 CLC (HCD)
....law and their entitlement to get equal protection of law and that the electoral college or the electoral roll or the list of electors for the election of the 30 women members of the Parliament is not complete unless the, 3 petitioners and other elected members of the Jatiya Party who have not yet ma......4 DLR (HCD) (1992) 14. ...... seats exclusively reserved for women members of the Parliament. On the grounds stated above the application is summarily rejected. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 14. ...... seats exclusively reserved for women members of the Parliament. On the grounds stated above the application is summarily rejected. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 14. ..Category: Constitutional Law | Date: | Hits: 164
Md. Sharifullah Vs. State, 2011, 40 CLC (HCD)
.... him be discharged from the bail bond. Send down the lower Court records with a copy of this judgment immediately. Gobinda Chardra Tagore J. - I agree. Ed. This Case is also Reported in: ......espondent Judgment April 26, 2011. Lawyers Involved: Md. Khairul Alam-For the Appellant. Biswajit Deb Nath, Deputy Attorney General with Nizamul Hoque Nizam, Assistant Attorney General and Shaikat Basu, Assistant Attorney General -For the State. Criminal Appeal No. 427 of 1996. ......and to pay a fine of Tk. 5,000/-, in default to suffer simple imprisonment for a further period of 1 (one) year. 2. The prosecution case, in brief, is that the informant had dispute regarding land property with his cousins (চাচাতো ভাই). That cousin used to threaten the informant...... him be discharged from the bail bond. Send down the lower Court records with a copy of this judgment immediately. Gobinda Chardra Tagore J. - I agree. Ed. This Case is also Reported in: ..Category: Criminal Law | Date: | Hits: 73
Kalim Mollah @ Siddique and others Vs. State, 2011, 40 CLC (HCD)
....tion on suspicious and they are in custody for more than a year, although the matter was sent for further investigation long before and even after laps of time for more than a year, the CID could not complete the investigation, accordingly the petitioners, who have been arrested on suspicious and ar...... Ed. This Case is also Reported in: ......ty to cancel the bail, if the accused petitioners misuse in any way the privilege of bail. Communicate the order at once. AKM Zahirul Hoque J.- I agree. Ed. This Case is also Reported in: ......ty to cancel the bail, if the accused petitioners misuse in any way the privilege of bail. Communicate the order at once. AKM Zahirul Hoque J.- I agree. Ed. This Case is also Reported in: ..Category: Criminal Law | Date: | Hits: 80
Bangladesh Vs. Anisur Rahman and another, 2011, 40 CLC (AD)
....it the concise statement within 25th April, 2011 and 1 (one) week thereafter the respondent shall file the concise statement positively. Ed. This Case is also Reported in: VIII ADC (2011) 383. ......ivision (Civil) Present: Surendra Kumar Sinha J Md. Abdul Wahhab Miah J Nazmun Ara Sultana J Syed Mahmud Hossain J Bangladesh, represented by the Secretary, Ministry of Housing and Public Works, Bangladesh Secretariat, Police Station-Ramna, Dhaka and others...........Petitio......n of the said allotted land was duly handed over to the lessee upon receiving the lease money. In the review application it was further asserted that the letter dated 12.01.1992 was issued in quite improper manner as on the very date of issuance of their letter there was no existence of the said 1 b......it the concise statement within 25th April, 2011 and 1 (one) week thereafter the respondent shall file the concise statement positively. Ed. This Case is also Reported in: VIII ADC (2011) 383. ..Category: Property Law | Date: | Hits: 85
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