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Ishaque Mia (Md.) & another Vs. Abdul Mazid Mollah & others, 1995, 24 CLC (HCD)

.... multiplicity of suit and further litigation concerning them. In the result, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 465. ......tioner has said that the Court may suo motu look into the question whether a decree has been obtained by fraud. Although this is true, the suit before the Court itself must be legally maintainable in order to examine the fraud. The instant suit filed by the plaintiff petitioner did not lie under sec......s discharged without any order as to costs. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 465. ......in: 48 DLR (HCD) (1996) 465. ..

Category: Civil Law | Date: | Hits: 130

Sharon Laily Begum Jalil Vs. Abdul Jalil and others, 1995, 24 CLC (HCD)

....lean Akhter Jalil and Mohammad Shah Alam Jalil fortnightly and offer gifts, if any, at a time and place convenient to both the parties. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 460.......copy of notice dated 10‑7‑95 of divorce dated 9‑7‑95 issued by the respondent No.1 in pursuance of section 7 of the Muslim Family Laws Ordinance, 1961. The petitioner and her father were then ordered to leave the house also. The petitioner came to learn that the children are neglected by the......ace convenient to both the parties. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 460.......Judgment here. Supreme Court High Court Division (Special Original Jurisdiction) Present: A M Mahmudur Rahman J Mahfuzur Rahman J Sharon Laily Begum Jalil...................Petitioner Vs. Abdul Jalil and others................Respondents Judgment August 30, 1995. ..

Category: Family Law | Date: | Hits: 166

Abdur Razzaque @ Geda Vs. State, 1995, 24 CLC (HCD)

....e leveled against him and is acquitted of the same. He may be set at liberty forthwith if not wanted in connection with any other case. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 457....... of Taka 2,000.00 in default, to suffer RI for 4 months more. The learned Judge also found him guilty under section 397 of the Penal Code and sentenced him to suffer RI for 7 years. The learned Judge ordered that both the sentences would run concurrently in Special Powers Act Case No.777 of 1976 on ......same. He may be set at liberty forthwith if not wanted in connection with any other case. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 457.......ence pronounced or passed shall be deemed invalid merely on the ground that no charge was framed, unless in the opinion of the Court of appeal or revision, a failure of justice has in fact been occasioned thereby," has held that it is the Court of appeal or revision which is to consider where failur..

Category: Criminal Law | Date: | Hits: 144

Md. Siraj alias Md. Sirajul Islam Vs. Ananda Furniture's, 2011, 40 CLC (AD)

....ot find substance in the submissions of the learned Advocate-on-record. Accordingly, the Petition for Leave to Appeal is dismissed. Ed. This Case is also Reported in: 20 BLT (AD) (2012) 167. ......-on-Record-For the Respondent. Civil petition for leave to appeal No.1267 of 2010. Judgment Md. Mamtazuddin Ahmed J. - This petition for leave to appeal is directed against the judgment and order dated 21.01.2010 passed by the High Court Division in Civil Revision No. 1818 of 2009. 2. T......ngly, the Petition for Leave to Appeal is dismissed. Ed. This Case is also Reported in: 20 BLT (AD) (2012) 167. ......h J Nazmun Ara Sultana J Syed Mahmud Hossain J Muhammad Imman Ali J Mohammad Mamtaz Uddin Ahmed J Md. Shamsul Huda J Md. Siraj alias Md. Sirajul Islam………………........Petitioner Vs. Ananda Furniture's……………..........................Respondents Judgment ..

Category: Procedural Law | Date: | Hits: 133

Md. Nafaruddin Mollah Vs. Md. Serajuddin Khan & Others, 2007, 36 CLC (AD)

....ce with the impugned judgment. In the result, the application has no merit and accordingly dismissed without any order as to costs. Ed. This Case is also Reported in: 20 BLT (AD) (2012) 164. ...... the suit for declaration of the cancellation of the plaintiff's permanent settlement dated 03.10.1984 in the suit property by the Additional Deputy Commissioner (Revenue), Naogaon and the subsequent order passed by the Additional Commissioner, Rajshahi Division, on 04.11.1984 affirming the said can......dismissed without any order as to costs. Ed. This Case is also Reported in: 20 BLT (AD) (2012) 164. ......4. ..

Category: Property Law | Date: | Hits: 116

Abdus Salam Vs. Md. Ustar and another, 1982, 11 CLC (HCD)

....ge 1124). In the result this rule fails and it is accordingly discharged without any order as to cost. The stay order is vacated. Ed. This Case is also Reported in:35 DLR (HCD) (1983) 65. ...... the Opposite Parties. Civil Revision No. 50 (C) of 1982. Judgment Sultan Hossain Khan J.- This rule under section 115(1) of the Code of Civil Procedure is directed against the Judgment and order passed by the learned Subordinate Judge, Sylhet affirming those of the learned Munsif, Moulvi ......der is vacated. Ed. This Case is also Reported in:35 DLR (HCD) (1983) 65. ...... DLR (HCD) (1983) 65. ..

Category: Property Law | Date: | Hits: 113

Nitai Ch. Shaha and another Vs. M/s. City Ice and Cold Storage Ltd. and others, 1982, 11 CLC (HCD)

....d Subordinate Judge are set aside and the plaintiff opposite party's petitions for amendment are rejected. Ranadhir Sen J.- I agree. Ed. This Case is also Reported in: 35 DLR (HCD) (1983) 61.......Umananda Saha who figured as defendant No.1 respectively in the two suits brought by the plaintiff opposite party for specific performance of an alleged con­tract. The Rules are directed against the orders of the Subordinate Judge, 1st Court, Dacca by which the plaintiff opposite party's petitions ......anadhir Sen J.- I agree. Ed. This Case is also Reported in: 35 DLR (HCD) (1983) 61.......d in: 35 DLR (HCD) (1983) 61...

Category: Civil Law | Date: | Hits: 132

Matira Bewa & others Vs. Sree Sudhir Chandra Saha & others, 1982, 11 CLC (HCD)

....d those of the Courts below are restored, upheld and affirmed. There will be no order as to costs. Chowdhury ATM Masud J.- I agree. Ed. This Case is also Reported in: 35 DLR (HCD) (1983) 56. ......ing become evacuees in the meantime, that the land which was sold by them should be returned to them under the provision of the Punjab Alienation of Land Act. The Deputy Custodian of Enemy Properties ordered for return of the land on certain conditions. On appeal, the Custodian of Evacuee Properties......agree. Ed. This Case is also Reported in: 35 DLR (HCD) (1983) 56. ......itted) of the S. A. & T. Act and later on sought a declaration that the kabala was null and void. Court held that the plaintiff voluntarily executed a document for consideration and after having done that he could not be allowed to turn round and take advan­tage of his own fraud on the basis of..

Category: Property Law | Date: | Hits: 146

Ataur Rahman Vs. Election Commission & Others, 2010, 39 CLC (AD)

.... Commission of Inquiry also found that such change did not materially influence or affect the election and requested the Election Commission not to hold re-election at the said centre and declare and publish the result of the election by notification in the official gazette and the presiding officer.......1478 of 2010 Judgment Md. Muzammel Hossain J. - This Petition for Leave to Appeal under Article 103 of the Constitution of People's Republic of Bangladesh is directed against the judgment and order dated 08.06.2010 passed by a Division Bench of the High Court Division in Writ Petition No.355......e leave petition is dismissed. Ed. This Case is also Reported in: 20 BLT (AD) (2012) 99.......LT (AD) (2012) 99...

Category: Election Law | Date: | Hits: 296

Md. Anowarul Islam Vs. State, 2009, 38 CLC (AD)

.... decision and there is no illegality or infirmity in the above decision so as to call for any interference. The petition is dismissed. Ed. This Case is also Reported in: 20 BLT (AD) (2012) 82....... None represented-For Respondent. Criminal Petition for Leave to Appeal No.106 of 2008. Judgment Md. Tafazzul Islam J.- This petition for leave to appeal is directed against the judgment and order dated 15.1.2008 of the High Court Division passed in Criminal Rule 187(R) of 2007 giving direc......mity in the above decision so as to call for any interference. The petition is dismissed. Ed. This Case is also Reported in: 20 BLT (AD) (2012) 82....... Court Appellate Division (Criminal) Present: MM Ruhul Amin CJ Md. Tafazzul Islam J Md. Abdul Matin J Md. Abdul Aziz J Md. Anowarul Islam, Advocate.....................Petitioner Vs. The State………………………………………………………..Respondent ..

Category: Criminal Law | Date: | Hits: 146

Jan-E-Alam Vs. Rupali Bank Limited and others, 2009, 38 CLC (AD)

....f the above, we find no substance in submissions of the learned Advocate for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 20 BLT (AD) (2012) 82. ......represented-For Respondent.  Civil Petition for Leave to Appeal No.395 of 2008. Judgment Mohammad Fazlul Karim J.- This Petition for Leave to Appeal is directed against the judgment and order dated 30.01.2008 passed by the High Court Division in First Miscellaneous Appeal No.202 of 200...... petition is dismissed. Ed. This Case is also Reported in: 20 BLT (AD) (2012) 82. ...... ..

Category: Others | Date: | Hits: 140

Suratunnessa and others Vs. Nurjahab Bibi and others, 2011, 40 CLC (AD)

....ed Senior Counsel for the appellants. We therefore, find no reasons to interfere with the same. The appeal is accordingly dismissed. Ed. This Case is also Reported in: 20 BLT (AD) (2012) 74. ......Respondent Nos.1-9. Not represented-Respondent Nos.10-27. Civil Appeal No.51 of 2004. Judgment Md. Mamtaz Uddin Ahmed J. - This Civil Appeal by Leave, is directed against the judgment and order dated 15.01.2003 passed by the High Court Division in Civil Revision No.887 of 1999 affirming ......th the same. The appeal is accordingly dismissed. Ed. This Case is also Reported in: 20 BLT (AD) (2012) 74. ......judgment and order dated 14.09.1996 passed by the Assistant Judge, Biswanath, Sylhet in Miscellaneous Case No.37 of 1994. 2. The facts of the case in brief are that the respondent Nos.1-9 as petitioners filed the Miscellaneous Case No.37 of 1994 in the Court of Assistant Judge, Biswanath, Sylhet ..

Category: Property Law | Date: | Hits: 84

Mazharul Haque Vs. Bulk Management (Bangla­desh) Ltd. and others, 1996, 25 CLC (HCD)

.... present petition for winding up. The present application is therefore not admitted. It is rejected without any order as to costs. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 453. ......e the claim that the petitioner is a contributory is not accepted. 20. In the case of Re Chesterfield Catering Co. Ltd. reported in (1976) All England Law Reports at page 294 it was held: “In order to establish his locus standi to petition for the winding‑up of a company, a fully paid shar......nt application is therefore not admitted. It is rejected without any order as to costs. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 453. ......is also Reported in: 48 DLR (HCD) (1996) 453. ..

Category: Company Law | Date: | Hits: 185

Mahatab Hossain (Md) Vs. Upazila Nirbahi Officer and others, 2006, 35 CLC (HCD)

....t true that he joined the office with 8 (eight) letters supported by medical certificates. The respondent No. 1 sent many letters to the local addresses of the petitioner and thereafter, a notice was published in the local newspaper asking him to join in his service but he did not join and subsequen......ed Ali, Assistant Attorney-General—For the Respondents. Writ Petition No. 3510 of 2004. Judgment MM Hossain J.-This Rule was issued calling upon the respondents to show cause as to why the order of dismissal of the petitioner vide Memo dated 30-11-2003 (Annexure J) and the order dated 1-4...... with law. Communicate a copy of the judgment to the concerned authority at once. Ed. This Case is also Reported in: 59 DLR (2007) 157. ......so Reported in: 59 DLR (2007) 157. ..

Category: Employment/Service Law | Date: | Hits: 180

Dr. Md. Alamgir Vs. Vice Chancellor, BUET and others, 2001, 30 CLC (HCD)

....f selection and appointment of the petitioner to the post of Assistant Professor in the Department of Civil Engineering, BUET, as recommended by the Selection Board, in pursuance to the advertisement published on 19-4-2001, issued by the respondent No.2 and as to why Ad-hoc appointment made by the r......ed under the signature of respondent No.2 (Annexure F and G) should not be declared to have been made without lawful authority and is of no legal effect. On the prayer of the petitioner, there was an order of stay for regularisation of appointments of the respondent Nos. 3 and 4. 2. The facts of ...... of the respondent Nos. 3 and 4. In the result, this Rule is made absolute in part. Ed. This Case is also Reported in: 53 DLR (2001) 398....... DLR (2001) 398...

Category: Employment/Service Law | Date: | Hits: 160

Agrani Bank, Janna Branch, Manikganj Vs. AFM Emamul Huq, 1998, 27 CLC (HCD)

....within 6(six) months from the date of receipt of the lower Court records from this Court. Send down the lower Court records at once. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 173.......such and it continued as a money suit till 26-11-90 and it further appears that on that date the learned Subordinate Judge abruptly converted the money suit into a suit under Artha Rin Adalat Ain and ordered for registering it as such and it was accordingly registered as Artha Rin Adalat Suit No.34/......down the lower Court records at once. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 173.......endant was the Manager of that Bank during the tenure of his office in 1982-1983 who distributed some agricultural loan to some persons on preparing a list and when the persons who received the loan money failed to repay the loan an enquiry was conducted and it was found that the reasons named in th..

Category: Civil Law | Date: | Hits: 202

Mohammad Ismail Vs. Bangladesh, 2010, 39 CLC (HCD)

....t lawful authority and are of no legal effect. 9. The motion of no confidence having been initiated under section 38 of the Local Government (Pourashava) Ordinance, 2008 (Ordinance No. 17 of 2008) published in the gazette on 14.05.2008 during care taker government and which has been repealed by t......the post of Panel Mayor-i, Mohammad Ismail of Teknaf Paurashava (Annexure-K) should not be declared to have been passed without lawful authority and is of no legal effect and/or such other or further order or orders passed as to this court may deem fit and proper. 2. Short facts for disposal of t...... however any order as to costs. The status-quo order granted in this Rule stands vacated. This Case is also Reported in: 30 BLD (HCD) 2010, 360.......ohammad Ismail, son of Noor Aziz, elected Councilor of Ward No. 9 of Teknaf Paurashava and Panel Mayor No. 1 of Teknaf Paurashava, Upazila-Teknaf, District—Cox’s Bazar. …………………Petitioner Vs. Bangladesh represented by the Secretary, Ministry of Local Government, Rural Co-opera..

Category: Others | Date: | Hits: 136

Manirul Huda Vs. National Board of Revenue, represented by its Chairman, Segunbagicha, Ramna, Dhaka and others, 2010, 39 CLC (HCD)

.... should be discharged outright. In the result, the Rule is discharged, however, without an order as to cost. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 23; 7 LG (HCD) (2010) 325. ......ommissioner of Taxes shall receive such return himself or cause to be received by any other official authorized by him and issue a receipt of such return and the said receipt shall be deemed to be an order of assessment for the assessment year for which the return is filed." 6. He then points out......Rule is discharged, however, without an order as to cost. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 23; 7 LG (HCD) (2010) 325. ......e Court High Court Division (Special Original Jurisdiction) Present: Md. Ashfaqul Islam J SM Emdadul Hoque J Manirul Huda, son of Late Al-haj Md. Shamsul Huda, an Income Tax Practitioner of 25, Haji Mohsin Road, Khulna, Bangladesh……………Petitioner Vs. National Board o..

Category: Fiscal/Taxation Law | Date: | Hits: 227

AKM Mozammel Huq Vs. Chancellor of the National University, represented by the Secretary, Ministry of Education, Bangladesh Secretariat, Dhaka and others, 2011, 40 CLC (HCD)

....e illegalities. 6. After making the impugned appointments during 17.11.2003 to 04.01.2004, there was a ‘sham’ advertisement bearing No.01 (740) NU/Admn./2004/1/2946 dated 04.01.2004, which was published in the ‘Daily Sangbad’ on 05.01.2004. It would be seen from the said advertisement tha......dhury J. - The Rule under adjudication, issued on 13th July 2010 was in following terms: “Let a Rule Nisi be issued calling upon the respondents to show cause as to why the impugned judgment and order dated 22.8.2006 passed by a Division Bench of this Division in Writ Petition No.5125 of 2004 d......ve them from the employment of National University without delay”. Gobinda Chandra Tagore J. - I agree This Case is also Reported in: ......Court Division (Special Original Jurisdiction) Present: AHM Shamsuddin Choudhury J Gobinda Chandra Tagore J AKM Mozammel Huq......................................................Petitioner Vs. Chancellor of the National University, represented by the Secretary, Ministry of Educ..

Category: Administrative Law | Date: | Hits: 371

Abdul Khaleque and others Vs. State, 1996, 25 CLC (HCD)

....t at liberty forthwith if not wanted in connection with any other case. Accused appellant Shava Mia is discharged from his bailbond. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 446. ......Islam Kazi and Shahjalal Khan have filed Criminal Appeal No.810 of 1994 while accused Abdur Rashid has preferred Criminal Appeal No.557 of 1994. Both the appeals are directed against the Judgment and order of conviction and sentence passed by the Additional Sessions Judge, Comilla in Sessions case N......tion with any other case. Accused appellant Shava Mia is discharged from his bailbond. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 446. ......victing the accused appellants under sections 302/34 of the Penal Code and sentencing each of them to suffer imprisonment for life und also to pay a fine of Taka 1,000.00 in default, to suffer RI for one year more. 2. The prosecution case, in short, is that on 27-6- 91 at about 4‑30 PM while de..

Category: Criminal Law | Date: | Hits: 117