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Jiban Chandra Sarkar Vs. Md. Rafizuddin Bepary and others, 2011, 40 CLC (AD)
....finally published the suit for declaration simpliciter that the said record was wrong was not maintainable in law, but the learned Judge of the High Court Division failed to consider this pertinent legal aspect of the case and thus, erred in law in decreeing the suit and as such, the impugned judg......) is to be deposited within one month. The petitioner is permitted to prepare the paper books out of Court in accordance with Rules. Ed. This Case is also Reported in: VIII ADC (2011) 760. ..Category: Property Law | Date: | Hits: 66
Bangladesh Water Development Board Vs. Md. Shafiqul Islam and others, 2010, 39 CLC (AD)
....titioners arc permitted to add the additional grounds. The order of status-quo granted earlier be extended till disposal of the appeal. Ed. This Case is also Reported in: VIII ADC (2011) 752....... in different projects of Bangladesh Water Development Board. They are members of Diploma Krishibid Institution, under the Bangladesh Water Development Board and thus they are entitled to the similar status of Sub-Assistant Officers of Agricultural Extension Department. The petitioner No.1 issued a ..Category: Employment/Service Law | Date: | Hits: 94
....17 filed before the District Judge, Barisal. Sona Lakhshmi and the reversionary heir leased out the said land to Dinabandhu Gangopadhya (father of defendant Nos.1 and 2) by patta dated 05.11.1941 for legal necessity and delivered possession thereof. In the said patta by mistake plot No.1549 was writ......t and order dated 28-29/10/2008 passed by the High Court Division in Civil Revision No.625 of 1995 is stayed till disposal of the appeal.
Ed.
This Case is also Reported in: VIII ADC (2011) 744.
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Category: Property Law | Date: | Hits: 83
Bangladesh Technical Education Board Vs. Md. Anamul Haque and others, 2010, 39 CLC (AD)
.... of the Paper book is dispensed with as prayed for. The order of status quo granted earlier be extended till disposal of the appeal. Ed. This Case is also Reported in: VIII ADC (2011) 725. ......e Chairman Agargaon, Shere Banglanagar, Dhaka.........................Petitioner Vs. Md. Anamul Haque and others…….......Respondents Order October 6, 2010. Result: The order of status-quo granted earlier be extended till disposal of the appeal. Lawyers Involved A.F.M. Me..Category: Employment/Service Law | Date: | Hits: 133
Md. Hossain Ahmed Vs. Bangladesh House Building Finance Corporation and another, 2011, 40 CLC (AD)
....e passed and remedy of the respondent to get possession of the mortgaged property, if at all, was by a separate proceeding, but the learned Judges of the High Court Division failed to consider this legal aspect of the case and thus erred in law in passing the impugned order. On the above submiss......tance in the submissions of Mr. Quamrul Islam Siddique, so in the leave petition. Accordingly, the leave petition is dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 721. ..Category: Civil Law | Date: | Hits: 108
Rafiqul Hossain @ Ranaesh and another Vs. Lal Mohan Saha and others, 1991, 20 CLC (HCD)
....ervice of writ of temporary injunction on them properly. Dr. Ahmed Hossain further submits that as the proceeding under Order 39, rule 2(3) of the CPC is quasi‑criminal in nature the Court is under legal obligation to frame issue containing the allegations of disobedience with material particulars......trial Court passed the order of the attachment of the property. 9. In the result, the Rule is made absolute. No order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 718. ..Category: Criminal Law | Date: | Hits: 90
Kibria and Associates Ltd. Vs. Bangladesh Agricultural Development Corporation, 1992, 21 CLC (HCD)
....e, Judicial Committee Lord Dunedin says: "An error in the law on the face of the award means in their Lordships" view, that you can find in, the award or a document actually incorporated thereto some legal proposition which is the basis of the award and which you can then say erroneous”. In the ca......ters at rest arising out of the situation like the present one. In the result, we allow this appeal without any order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 712. ..Category: Alternative Dispute Resolution | Date: | Hits: 156
....ted by the Memo No.3597 dated 17‑12‑2003, Annexure-C to the Writ Petition.
3. Mr. Kazi A Hakim, Learned Advocate appearing for the petitioner, submits that the order of extension is ex facie illegal and without jurisdiction since the respondent No.1 is not authorised to extend the period of d......ngla, District Bagerhat, now detained in Bagerhat district jail, be set at liberty forthwith, if not wanted in connection with any other case.
Ed.
This Case is also Reported in: 57 DLR (2005) 32...
Category: Criminal Law | Date: | Hits: 64
Emdadul Hoque Vs. State, 2004, 33 CLC (HCD)
.... available in paper-book and submits that this is a case of no evidence, but the learned trial Court arrived at a decision on guess and surmise. He further submits that the learned trial Court most illegally disbelieved the expert's opinion the doctor who opined that the cause of death of the deceas......n. Send down the LC records along with a copy of this judgment to the trial Court concerned immediately for information and necessary action. Ed. This Case is also Reported in: 57 DLR (2005) 21. ..Category: Criminal Law | Date: | Hits: 76
Abdur Rahman Dhali and others Vs. State, 2004, 33 CLC (HCD)
.... দুর্লোভের বশবর্তী হইয়া আর্থিক লাভবানের আশায় আত্মসাৎ করিয়াছেন’’। 8. Challenging the legality and propriety of such order of framing of charge the present accused-petitioners have moved......rt of Divisional Special Judge, Barisal at once directing to ensure the trial of the accused Mollah Kamruzzaman at the earliest opportunity. Ed. This Case is also Reported in: 57 DLR (2005) 17. ..Category: Criminal Law | Date: | Hits: 85
Abdus Sattar Pramanik (Md) and another Vs. State and another, 2003, 32 CLC (HCD)
....n under section 561A of the Code of Criminal Procedure. 4. Mr. Idris Khan, the learned Advocate, appeared on behalf of the petitioners. The main argument put forward by the learned Advocate is the legal bar under section 195(1) (c) of the Code of Criminal Procedure. The learned Advocate submitted......r of stay granted at the time of issuance of the Rule is hereby recalled. Communicate a copy of this order to the Court concerned at once. Ed. This Case is also Reported in: 56 DLR (2004) 453...Category: Criminal Law | Date: | Hits: 62
Abdus Salam (Md) Vs. University of Rajshahi & others, 2004, 33 CLC (HCD)
....5‑2001 under the signature of respondent No. 4, dismissing the petitioner from service of the University of Rajshahi, should not be declared to have been made without lawful authority and is of no legal effect. 2. It is stated in the petition that while the petitioner was performing his functi......erty to proceed against the petitioner in accordance with law. In the result, this Rule is made absolute but without any order as to costs. Ed. This Case is also Reported in: 56 DLR (2004) 441. ..Category: Employment/Service Law | Date: | Hits: 60
Padma Oil Co. Ltd. Vs. Registrar of Trade Unions & another, 2003, 32 CLC (HCD)
....01 issued by the Registrar of Trade Unions, Government of Bangladesh Respondent No.1 (Annexure - A to this petition) should not be declared to have been made without any lawful authority and is of no legal effect and why the respondent No. 1 should not be directed to take proper steps for cancellati......he prayer of the petitioner for cancellation of registration of respondent No.2 Trade Union (respondent No. B‑48) in accordance with law. Ed. This Case is also Reported in: 56 DLR (2004) 438. ..Category: Labour and Industrial Law | Date: | Hits: 158
Rajab Ali Zulfiqar Vs. State, 1993, 22 CLC (HCD)
....ssailed the impugned judgment and order of conviction and sentence on various grounds. 8. The first contention of the learned Advocate for the appellant is that the trial of the instant case was illegally held by the learned Sessions Judge and not by any Special Judge as required under the law an......o surrender to his bail bond and serve out the remaining sentence at once. Let the, records of the, case be sent down immediately. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 705. ..Category: Criminal Law | Date: | Hits: 92
Afzal Hossain Vs. Chief Election Commissioner and others, 1992, 21 CLC (HCD)
....g final, no further appeal or revision would be entertained by the Chief Election Commissioner and the said order passed by the Chief Election Commission setting aside the order passed on appeal is illegal as passed without jurisdiction. According to the learned Advocate, it is without lawful author...... act for the same avowed purpose of free and fair election. We find no illegality in the order and hence the petition is rejected. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 701. ..Category: Election Law | Date: | Hits: 153
Air Marshal Jamaluddin Ahmed (Retd) Vs. Government of Bangladesh and others, 2004, 33 CLC (HCD)
.... office during the pleasure of the Crown, although statutory protection of employment was given to civil servants but those are not extended to the members of the armed forces. This is, in short, the legal position of the civil servants and the members of the armed forces in Great Britain. 15. In......rilliant officer and had a successful career both in Pakistan Air Force as well as in Bangladesh Air Force and ultimately rose to be the highest officer in the Air Force and retired with the rank and status of an Air Marshal. There is no allegation of misconduct against him during his long career. I..Category: Employment/Service Law | Date: | Hits: 148
State Vs. Abdul Hatem, 2003, 32 CLC (HCD)
....hat condemned prisoner inflicted dagger blow on her belly and statements of the above stated prosecution witnesses do not at all appear to have suffered any sort of discrepancies, inconsistencies and legal infirmities. The evidences in respect of disclosure made by deceased Rahima Khatun before her ......ion 32 of The Evidence Act of 1872. The last word of a dying man has a sanctity to which due weight must be given and the same cannot be brushed aside. A dying declaration enjoins almost a sacrosanct status as a piece of evidence as it comes from the mouth of a person who is about to die and at that..Category: Criminal Law | Date: | Hits: 75
Ambala Cold Storage (Pvt.) Ltd. Vs. Prime Insurance Co. Ltd., 2001, 30 CLC (HCD)
.... settle their claim and the respondent promised to pay but ultimately the claim was not settled. Upon receiving no response from the respondent company tile petitioner through their Advocate served a legal notice upon tile respondent on 9‑8‑1999 requesting the respondent to pay the petitioner's ......ed without any order as to costs. The petitioner may, however, make their claim before the competent civil Court in terms of the policy. Ed. This Case is also Reported in: 56 DLR (2004) 422. ..Category: Company Law | Date: | Hits: 168
....sed pursuant to the said order (Annexure‑K), including Memo No.PSB (Pra:18S‑18/89‑90/704 dated 9-9-90 (Annexure‑Q) should not be declared, to have passed without lawful authority and is of no legal effect.
2. The facts, in short, as stated in the petition are that the petitioner was poste......tainable, we do not think it is necessary to consider other grounds.
In the result, the Rule is discharged with no order as to costs.
Ed.
This Case is also Reported in: 49 DLR (HD) (1997) 27. ..
Category: Criminal Law | Date: | Hits: 78
Commander (Rtd) A A Chowdhury Vs. AKM Imam Hossain and others, 1996, 25 CLC (HCD)
....lm Distributors and another 14 DLR 307; Shiv Dayal Kapoor and others Vs. Union of India New Delhi and another AIR, 1963 Panjab 538; Md. Amir Ali and another Vs. Abdul Mannan having died his heirs and legal representatives Abdur Rahim and others, 9 DLR 102; Taherunnessa and others Vs. Mrs. Nazma Begu...... reference by this Court. In the result, the Rule is discharged with costs. The stay granted earlier by this Court is hereby vacated. Ed. This Case is also Reported in: 49 DLR (HD) (1997) 23 ..Category: Property Law | Date: | Hits: 65
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