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....79 of 2000.
Judgment
AKM Shafiuddin J.-This Rule has arisen out of an application under section 115(1) of the Code of Civil Procedure, 1908. It is directed against the judgment and order No.27, dated 30‑5‑99, passed by the learned Senior Assistant Judge, Barguna in Title Suit No.55 of 1997......gramme of the Department of Health is being carried out on the suit land. Also, it provides residential accommodation to some of the employees of the Department of Health.
3. The Government took a decision to settle the suit land with the petitioner and accordingly, the Settlement Case No.1/94‑..
Category: Procedural Law | Date: | Hits: 146
Mohiuddin Ahmed and others Vs. Government of BanglaÂdesh and others, 2011, 40 CLC (HCD)
....ite-Parties. Civil Revision No. 3934 of 2010 Judgment FRM Nazmul Ahasan J.- This rule was issued calling upon the opposite party No.1 to show cause as to why the impugned Judgment and order dated 25-3-2008 passed by the learned Additional District Judge, Sylhet in Civil Revision No.79 of 2...... and issues in this suit are directly and substantially are issue in the former suit; the present suit is not maintainable on the prinÂciple of res-judicata. In support of his submission he referred decision reported in 10 MLR (AD) 144, 10 MLR 344 and 61 DLR 503. 15. In order to appreciate to th..Category: Property Law | Date: | Hits: 121
GSH Jamal Vs. Surraiya Jabeen and others, 2010, 39 CLC (HCD)
....asan, and Khalilur Rahman (Helal), Advocates - For the ResponÂdents. First Appeal No.320 of 2008. Judgment Mirza Hussain Haider J.- This appeal is directÂed against the judgment and decree dated 23-9-2008, passed by the learned Joint District Judge, 2nd Court, Dhaka in Title Suit No.40 of......es Ltd, reported in 41 DLR (AD) 35 submits that the facts of the said case and the facts of the instant case being almost similar the defendant appellant is entiÂtled to get, the benefit of the said decision and, as such, he being a statutory tenant under section 2(8) of the Premises Rent Control O..Category: Tenancy Law | Date: | Hits: 190
Mamun Akbar Vs. State and another, 2012, 41 CLC (AD)
.... Md. Aftab Hossain, Advocate-on-Record-For Respondent No.2. Not represented-For Respondent No.1. Criminal Petition for Leave to Appeal No.401 of 2009 (From the judgment and order dated 29th June, 2009 passed by the High Court Division in Criminal Miscellaneous Case No.1708 of 20...... infirmity in the impugned judgment and order passed by the High Court Division. Accordingly, the criminal petition for leave to appeal is dismissed. Ed. This Case is also Reported in:..Category: Criminal Law | Date: | Hits: 90
Director General, Bangladesh Railway and others Vs. Niaz Mohammad Ali and others, 2012, 41 CLC (AD)
....Rahman, Advocate-on-Record-For the Petitioners. Nurul Islam Bhuiyan, Advocate-on-Record-For the Respondents. Civil Petition for Leave to Appeal No. 1166 of 2010. (From the judgment and order dated 6th August, 2009 passed by the High Court Division in Writ Petition No.6501 of 2008.) Order......s were sent for training by mistake although there was an office order to that effect, and when the mistake was detected the respondents were re-called from training and the same is an administrative decision, but the High Court Division wrongly interfered with the normal administration of Banglades..Category: Employment/Service Law | Date: | Hits: 222
.... - For the Respondent No.81.
First Appeal No. 226 of 2004.
Judgment
Shahidul Islam J.- This First Appeal has been presented by the defendant Nos. 1-8 against the impugned judgment and decree dated 5-6-2004 passed by the learned Joint District Judge-in-charge, 2nd Court, Chittagong in Other ......written statement denying all material statements made in the plaint. The specific case of the defendant are that the lands in question was acquired in the year 1961 and comÂpensation was paid. By a decision taken on 9-10-2000 the leasing of plot has been stopped. The conÂcern Ministry is controll..
Category: Property Law | Date: | Hits: 118
Shahidul Islam Vs. State and another, 2011, 40 CLC (HCD)
.... Party No.2. Criminal Revision No.592 of 2008. Judgment JBM Hassan J. - This Rule was issued, on a revisional application, calling upon the opposite parties to show cause as to why the order dated 28-2-2008 passed by the learned Additional Sessions Judge, (in charge) 2nd Court, Cox's Bazar ......sion, the learned Advocate for the opposite party No.2 contends that there is no legal bar in the Act to initiÂate a single proceeding in respect of dishonour of several cheques. He also refers to a decision in the case of Zahed Hossain Vs. State reported in 61 DLR 386. Regarding second submission ..Category: Procedural Law | Date: | Hits: 114
Javed Alam (Md.) Vs. Bangladesh and others, 2001, 30 CLC (HCD)
....o restore vacant possession of the petitioner's property being 5 Bagmar Road, PS Kotwali, Mymensingh also known as 5 Medical Gate Road PS Kotwali, Mymensingh in compliance with the judgment and order dated 10‑1‑1998 in case No.1019 of 1992 (Ka‑9, Mymensingh) against Serial No.9 at 9762(70) pas...... of the receipt of the order of this Court. The office is directed to send a copy of this order to the respondents without delay. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 521. ..Category: Property Law | Date: | Hits: 106
Abu Bashar (Md.) and others Vs. Md. Raja Meah and others, 2010, 39 CLC (HCD)
....ners. Farida Khan, Advocate - For Opposite Parties. Civil Revision No. 3797 of 2004. Judgment Enayetur Rahim J.- The judgment-debtors obtained the present Rule from a judgment and order dated 13-6-2004 passed by the learned Additional District Judge, 1st Court, Chittagong in Civil Revi......XXI, rule 32(5) of the Code of Civil Procedure and the learned Additional District Judge without conÂsidering the said aspect upheld the said order and as such committed error of law in arriving its decision. He further submits that by filing application the judgment-debtors intimated the learned E..Category: Civil Law | Date: | Hits: 166
Ganendra Nath Mondal Vs. Kalipada Mondal and another, 2011, 40 CLC (HCD)
....tkhira where witnesses from each sides were examined in support of their respective cases before the trial Court and upon conclusion of the trial the learned Assistant Judge by his judgment and order dated 15-4-1997 dismissed the Miscellaneous Case No.59 of 1993, thereafter the pre-emptors as appelÂ......nce adduced in the case as such the impugned judgment of reversal is not a proper judgment of reversal in the eye of law as such the same amounts to error of law which has resulted in an error in the decision occasioning failure of jusÂtice, therefore, liable to be set aside. 7. Mr. PC Guha the ..Category: Property Law | Date: | Hits: 79
Haripada Mandal Vs. Bidhan Chandra Mondal, 2002, 31 CLC (HCD)
....er Order IX, rule 9 of The Code had been numbered as Miscellaneous Case No.25 of 1998. This case will be referred to hereinafter as Restoration Case. (e) Learned Senior Assistant Judge by judgment dated 2‑2‑1999 dismissed the Restoration case. (f) Pre-emptor-first opposite party having fel...... The question posed and legal controversy, thus, stand disposed of. 8. This takes me now to propriety and legality of Judgment under challenge in this Civil Revision Petition. 9. Examination of decision rendered and conclusion reached by learned Subordinate Judge indicates that learned Subordi..Category: Procedural Law | Date: | Hits: 104
....oydebpur-Debogram-Bhulta-Nayapara-Madanpur road in the year 1999‑2000 in favour of respondent No.4 at the price (lowest) quoted by the petitioner for acceptance by the Government vide Annexure H dated 11‑23‑2000.
2. The case of the petitioner, in brief, is that it is a private limited ......haleshwari 1 bridge, the Purchase Committee unanimously concluded that the petitioner being the lowest bidder should in the usual course of practice be awarded the contract and that it is upto the decision of the higher authority as to whether or not the award be given to the petitioner (the low..
Category: Others | Date: | Hits: 207
Rowshan Ara Begum and others Vs. Doctor's Chemical Works Ltd. & others, 1991, 20 CLC (HCD)
....o.2 asking him to call a meeting of the Company. Respondent No.2 refused to call meeting of the Company in order to discuss the matters as Stated in the said notice. Instead, he served a notice dated 16.8.89 convening a meeting of the company to be held on 1.9.89 for the agenda shown in the sa......mpany has always been financially solvent and its business was lucrative and profitable. But respondent No.2 runs its affairs in a despotic manner. He holds no meetings of the Board of Directors. All decisions are taken by him arbitrarily. Whatever meeting of the Board of Directors were held he kept..Category: Company Law | Date: | Hits: 225
Hasina Karim Vs. Bangladesh, 1992, 21 CLC (HCD)
....ated anywhere in this ground to which labour organisation or to which women's organisation such funds had been supplied by the detenu. It has not also been stated what amount, in what manner, on what date and to whom such funds were supplied. We have, therefore, no hesitation to hold that this groun......ds of detention which are at Annexure‑B to the supplementary affidavit filed by the petitioner and the English version of the relevant portion thereof is as follows: "After declaration of his decision to resign by Ershad you were subjected to anger of the people and as such you absconded and..Category: Constitutional Law | Date: | Hits: 299
Matiur Rahman (Md.) Vs. Bangladesh & others, 1998, 27 CLC (HCD)
....of the Constitution and as to why the petitioner should not be absorbed in the BCS (Customs and Excise) Cadre with immediate effect and why the petitioner’s seniority should not be counted from the date of his first joining the government service as per government’s decision of seniority of surp...... in the BCS (Customs and Excise) Cadre with immediate effect and why the petitioner’s seniority should not be counted from the date of his first joining the government service as per government’s decision of seniority of surplus personnel as published in the office memorandum No.ED(R- 11)S-59/77..Category: Employment/Service Law | Date: | Hits: 216
Dr. MB Rahman Vs. Deputy Commissioner of Taxes, 1986, 15 CLC (HCD)
.... Constitution of the People's Republic of Bangladesh under the Constitution (Partial Revival) (Second) Order 1985 read with the Proclamation Order No.1 of 1985 calls into question an assessment order dated 28.04.1985 passed by the Deputy Commissioner of Taxes, Taxes Circle-VI, Dhaka (South) Zone, Dh......nce to the High Court Division. 10. In Re Lala Lachhtnan Dass Nayar and others, 22 I.T.R. 418 the Punjab High Court held that the Income Tax Act, 1922 has entrusÂted to the Income-tax Officer the decision of, the facts and the law to decide whether the provisions of section 34 are applicable in ..Category: Fiscal/Taxation Law | Date: | Hits: 170
Musa Bin Shamsher Vs. Ansarul Huq Ansari & others, 1986, 15 CLC (HCD)
....nomalies. On 02.06.1980 the complainant in good faith in presence of witnesses paid Tk. 12,00,000/-more to the acÂcused at complainant's house at 981, OR. Nizam Road, Chittagong. The accused on that date (02.06.1980) acknowledged the receipt of a total amount of Tk.20,00,000/- at comÂplainant's sa......o do joint business in N.O.C. Visa with him. Complainant in good faith belÂieved the statement of the accused and said that returning to Bangladesh in consultation with his relations he would take a decision to do the business of N.O.C.-visa. Accused subsequently said in Qatar that he had arÂrange..Category: Criminal Law | Date: | Hits: 362
Rehanuddin & others Vs. Abdul Hakim Maser and others, 1986, 15 CLC (HCD)
....vocate - For the Opposite Party No.1. Civil Revision No. 312 of 1985 Judgment Nurul Huque Bhuiyan J.- This rule under section 115 of the Code of Civil Procedure is directed against the order dated 15.05.1985 passed by the learned SubordinÂate Judge, 1st Court, Comilla, in Title Suit No.99/......ahams. By his judgment dated 31.01.1967 the learnÂed Subordinate Judge decreed the suit in part and granted sahams to the contesting defenÂdants and the defendant’s petitioners. 3. Against the decision of the learned Subordinate Judge the contesting defendants preferred Title Appeal No.59/67 ..Category: Procedural Law | Date: | Hits: 106
....Advocate-For the OppoÂsite Parties.
Civil Revision No. 58 of 1986.
Judgment
Nurul Huque Bhuiyan J. - This Rule under section 115 of the Code of Civil Procedure is directed against the order dated 22.09.1985 passed by the learned AdditioÂnal District Judge, Noakhali, in Miscellaneous Appea......t property by possessing the same to the Court.
3. On appeal by the petitioners the learned Additional District Judge affirmed the order of the learned Munsif and dismissed the appeal. Against the decision of the learned Additional District Judge the petitioners have obtained this Rule.
4. Mr...
Category: Procedural Law | Date: | Hits: 139
Joinal Abedin Jamal and others Vs. Noor Afza, 2010, 39 CLC (HCD)
....cellaneous Appeal No.229 of 2007 with Civil Rule No. 665(FM) of 2006. Judgment Mirza Hussain Haider J.- This appeal has been preferred by the 2nd party appellants being aggrieved by Order No.37 dated 28-3-2006 passed by the learned District Judge, Dhaka in Arbitration Miscellaneous Case No.973......bitrator. 6. He next submits that although section 17 of the Act, 2001, described the jurisdiction of the arbitral Tribunal and 17(kha) specifically gave authority to the arbitral Tribunal to give decision on the question of its proper constitution/composition/appointment, yet the aggrieved party..Category: Alternative Dispute Resolution | Date: | Hits: 251
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