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Abu Bakkar Siddique Vs. Justice Shahabuddin Ahmed and others, 1996, 25 CLC (HCD)
.... of the Constitution for preferring an appeal before the Appellate Division against our judgment. There will be no order as to costs. Ed. This Case is also Reported in: 49 DLR (HD) (1997) 1. ......he present petitioner Advocate Mr. Abu Bakkar Siddique was not a candidate for election for the office of the President nor he is a member of the Parliament; he is merely the president of a political party named Bangladesh Muslim Millat Party. So, he has no locus standi to file this writ petition. ..Category: Constitutional Law | Date: | Hits: 200
Md. Saidur Rahman Vs. Farid Uddin Mahmud and others, 2011, 40 CLC (AD)
....he has appreciated that the impugned judgment is a well reasoned one. We find no merit in this petition, which is accordingly dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 698........ The High Court Division disposed of the matter, stayed the order of the Artha Rin Adalat and allowed the petiÂtioner to pay the dccreetal amount by installments. The auction purchaser was not made party in the writ petition and the said order was passed behind his back. Accordingly he moved this ..Category: Property Law | Date: | Hits: 81
Mosammat Manikjan Bibi Vs. Md. Jalil alias Abdul Jajil and others, 2011, 40 CLC (AD)
....nd reversed the judgment and order passed by the appellate Court. We find no substance in this petition which is accordingly dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 695. ......f schedule-1 originally belonged to (1) Chand Gazi, (2) Hosenuddin (3) Shamshef Ali. Chand Gazi died leaving behind only son Yeasin who died leaving behind five daughters, the pre-emptor and opposite party Nos. 6 to 9, and two sons, opposite party Nos. 4 and 5. He had another daughter named Mirjan w..Category: Property Law | Date: | Hits: 58
Md. Shamsul Hoque Vs. Md. Jabbar and another, 2011, 40 CLC (AD)
....epare the paper book out of court in accordance with Rules. The order of stay granted earlier be extended till disposal of the appeal. Ed. This Case is also Reported in: VIII ADC (2011) 673. ......appeal and decreeing the suit reversing the judgment and decree dated 5.11.2006 passed by the Senior Assistant Judge, Syedpur in Other Class Suit No.44 of 1995 dismissing the suit. 2. The opposite party Nos.1 and 2 herein Md. Jabbar and Md. Sattar Mia and their mother Sakhina Khatun (now deceased..Category: Property Law | Date: | Hits: 76
A. Rahman Lasker and other Vs. Abul Kalam and other, 2011, 40 CLC (HCD)
.... granted at the time of issuance of Rule is hereby vacated. Send down a copy of this order to the Court below at-once for information and necessary action. Ed. This Case is also Reported in: ......one appears-For the opposite parties. Civil Revision No. 4301 of 1998. Judgment Md. Abdur Rezzaque J. - This Rule at the instance of plaintiff petitioner was issued calling upon the opposite party Nos.1-3 to show cause as to why the impugned order No.57 dated 08.10.1998 passed by the learne..Category: Administrative Law | Date: | Hits: 199
Rupali Jute Baling Ltd. Vs. Agrani Bank, 1991, 20 CLC (HCD)
....ing whether in a court of fist instance or in a court of appeal, against the same party for the same relief shall be excluded, where such proceeding is prosecuted in good faith in a court which, from defect of jurisdiction, or other cause of a like nature, is unable to entertain it. 9. The limita...... Order 47 read with section 151 of the Code of Civil Procedure on 14.3.89 which is 30 days after the judgment and decree and Miscellaneous Case No.49 of 1981 was started. 4. The plaintiff opposite party filed written objection in the said Miscellaneous case on 21.5.89. The said review petition wa..Category: Procedural Law | Date: | Hits: 111
Mitali Shipping Lines Vs. Bhuiyan Navigation Agency, 1991, 20 CLC (HCD)
.... court revising the order of the learned Magistrate made under section 516A CrPC. The Rule is made absolute. No order as to costs. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 230. ......arries business in partnership and owns a steel hull cargo vessel M V Asrafuddin. By an agreement executed by Murad Hossain, a partner of the Mitali Shipping Lines and Abu Baker Bhuiyan, the opposite party No.1 on 14.8.87 the vessel was given on a monthly charter with effect from 14.8.87 to the oppo..Category: Civil Law | Date: | Hits: 97
Mir Amanullah Vs. Mohammad Sharif and others, 1991, 20 CLC (HCD)
....er under pre‑emption was for non‑pecuniary consideration in favour of opposite party Nos.1 and 2 who are the grandsons of late Mir Abdul Jalil. Moreover, the case was barred by limitation and for defect of parties. 4. The trial Court dismissed the pre‑emption case on the finding that the tr......those dated 18.8.84 passed by Munsif, 5th Court, Munshiganj in Miscellaneous Case No.28 of 1981 dismissing the application for pre‑emption should not be set aside. 2. The petitioner and opposite party Nos.25 to 29 filed the above Miscellaneous Case for pre‑emption of the land described in the..Category: Property Law | Date: | Hits: 75
Zeenat Textile Mills Ltd. Vs. Chairman, Third Labour Court, Dhaka and another, 1991, 20 CLC (HCD)
....d Labour Court, Dhaka in Complaint Case No.25 of 1984 to have been made without lawful authority and the same is of no legal effect. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 213. ......mployment of Labour (Standing Orders) Act 1965 and dismissed him from service. However, the Labour Court re‑assessed the oral and documentary evidence and observed: "it transpired that the first party kept one piece of solenoid valve with him from 15.12.83 till the survey report was made on 21...Category: Labour and Industrial Law | Date: | Hits: 172
ASM Abdur Rob Vs. The State, 1991, 20 CLC (HCD)
.... the merits of the case as it should prejudice the accused at the trial. The Rule is thus discharged. Communicate the order at once. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 205....... the merits of the case as it should prejudice the accused at the trial. The Rule is thus discharged. Communicate the order at once. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 205...Category: Criminal Law | Date: | Hits: 85
Narayan Chandra Banerjee alias Bandapadhya Vs. Md. Salek Ali Shaik, 1991, 20 CLC (HCD)
.... the case of Dalsukharam Saheba Vs. Mulchand Ashram reported in AIR 1928 (Bom) 427 (Rele. page 429). Mr. Karmaker submits that if the plaintiff with ordinary care could have discovered that there was defect of title, then he cannot plead that there was failure on the part of the defendant to comply ......eversing the decision of the Munsif 4th Court, Munshiganj passed on 31.12.79 in Money Suit No.1 of 1979 should not be set aside. 2. The suit being money suit No.1 of 1979 was filed by the opposite party Md. Sudek Ali Shaik @ Sadek Ali as plaintiff for the recovery of the consideration money amoun..Category: Civil Law | Date: | Hits: 76
Moulvi Gholam Moula Vs. Secretary, Ministry of Education, 1992, 21 CLC (HCD)
....le to petitioner to get the appeal heard by Respondent No.1. In view of this matter the petitioner is entitled to relief sought for. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 195.......e Tribunal until such higher authority has taken a decision on the matter." From the above proviso it is abundantly clear that Administrative Tribunal cannot entertain any application by aggrieved party unless appeal pending before the competent authority is disposed of. Thus it is evident that t..Category: Administrative Law | Date: | Hits: 164
Kudrat‑E‑Elahi Panir and others Vs. Bangladesh, 1991, 20 CLC (HCD)
....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. ......which they entered upon their respective offices and they cannot be removed from office other than in the manner as prescribed under the said Ordinance. In order to politicize as well as to have a party grip over & local administration and in order to exercise those powers through a party o..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.......urned to be presented to the Court in which the suit should have been instituted. (2) On returning a plaint the Judge shall endorse thereon the date of its presentation and return, the name of the party presenting it, and a brief statement of the reason for returning it. 11. The plaint shall b..Category: Admiralty Law or Maritime Law | Date: | Hits: 315
Faisal Mahbub Vs. Bangladesh, 1992, 21 CLC (HCD)
....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. ......ime and was a member of different political parties and thereafter. When Mr. RM Ershad formed the Jatiya Party, the detenu became its Secretary General and performed various responsible works of that party and became Minister on different occasions. After the fall of Ershad, the detenu was hiding to..Category: Criminal Law | Date: | Hits: 81
Yunus Kha and others Vs. Abdul Momin and others, 2011, 40 CLC (AD)
....o.97, 0.97 acre of Plot No.100, 1.21 acres from Plot No.207 etc. 5. After hearing the parties, the learned Senior Assistant Judge by his judgment and decree dated 27.06.1995 dismissed the suit for defect of parties. 6. The plaintiffs appealed against the judgÂment and decree before the learne.......44 of 1993 by the learned Senior Assistant Judge, Sarail, Brahmanbaria, dismissing the suit. 2. The facts leading to the filing of this petition for 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, ..Category: Property Law | Date: | Hits: 73
Bangladesh Public Service Commission and another Vs. Maloti Rani Mondol, 2011, 40 CLC (AD)
....ral has mainly argued that this petitioner was dismissed from service following all the procedures of the relevant law and that she was given all opportunities also to defend herself and there was no defect in the enquiry proceedÂing at all; that the allegation against the respondent was proved suf......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
Modares Miah Vs. The Chairman, 1st Labour Court and another, 1991, 20 CLC (HCD)
....ithout properly taking leave, You are again absent since 21 May 1985. The work and production has been suffering due to your negligence. The management reluctantly terminate you from services with defect from 21 May, 1985. You may collect your dues from the Accounts Department after obtaining the......ents. The order of termination as quoted earlier would show that he is being punished for habitual absence. 10. The learned Labour Court in its judgment found, "In the written statement the 2nd party admitted that they charged the first party for misconduct and later terminated his service wit..Category: Labour and Industrial Law | Date: | Hits: 148
Abul Hashem Master Vs. State, 1991, 20 CLC (HCD)
....the Tribunal. He has submitted that the mis‑statement of time in the charge framed by the Tribunal against the acccusedÂ-appellant has not prejudiced the accused‑appellant in his defence. So the defect is curable in view of sections 225 and 535 of the Code of Criminal Procedure and the accusedâ......rom outside so that one could push his arm outside of the mud‑wall. It appears that the recovery was made in pursuance of the initial interrogation of Maijuddin and Mafiuddin was also in the search party. Maijuddin has not been made an accused in this case nor a witness. It cannot be ruled out tha..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. ......in respect of 1.08 decimals land appertaining to khatian Nos. 324 and 324/1 of mouza Udmara and Village Court was constituted with the Chairman of the Union Parishad and two members nominated by each party. The Village Court on consideration of materials on record and after hearing both the parties ..Category: Property Law | Date: | Hits: 74
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