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Md. Abdul Khaleque and another Vs. Manik Chandra Sheel and others, 2010, 39 CLC (AD)
.... on her so as to pass her own interest i.e. life interest to the alienee. There is no dispute that Monmohan Sheel, the husband of the defendant No.2 died before R.S. operation. The R.S. operation was complete almost 60 years before. Therefore, the payment of arrears of rents and debts in question wi......Case is Reported in: 16 MLR (AD) 2011, 16. ...... and take care of her health and welfare. The ‘Kha’ scheduled land was correctly recorded in the name of the defendant no.2 in field survey held recently and the names of the plaintiffs were also properly recorded as per their shares in the property. On 21st Kartick, 1399 B.S. corresponding to 0......of the above, we find no substance in the submissions of the learned Counsel for the petitioners. Accordingly, the petition is dismissed. Ed. This Case is Reported in: 16 MLR (AD) 2011, 16. ..Category: Property Law | Date: | Hits: 29
.... at liberty to dismiss the plaint. Accordingly this Rule is discharged with observation as made above. There shall be no order as to costs.
Ed.
This Case is also Reported in: 54 DLR (2002) 122.
......ion
(Special Original Jurisdiction)
Present:
Md. Abdul Matin J
Mohammad Marziul Huq J
Rezaul Karim Chowdhury (Md) & others ……….Petitioners
Vs.
Court of District Judge and Bankruptcy Court Chittagong and others…….Respondents
Judgment
October 25, 2001.
La...... at liberty to dismiss the plaint. Accordingly this Rule is discharged with observation as made above. There shall be no order as to costs.
Ed.
This Case is also Reported in: 54 DLR (2002) 122.
......or can satisfy the Court that—
(i) he is able to pay his debts,
(ii) he is not a willful defaulter; or
(c) the Court is satisfied that for any other cause, it is expedient that no order of adjudication should be made.
6. The Bankruptcy Act, 1997 is a special law and if a man declared b..
Category: Banking Law | Date: | Hits: 127
Mokim alias Md. Mokim Vs. State, 2002, 31 CLC (HCD)
....n 43 DLR 614 that when the very taking of a cognisance of an offence, the framing of acquisition and the trial upon charges in both the scheduled and non‑scheduled offences together suffered from a complete lack of jurisdiction, this could not at all be considered to be a mere defect in the framin......DLR (AD) 18; Dulal Howlader Vs. State, 48 DLR 269; 1986 BLD (AD) 283; 51 DLR 154; 53 DLR (AD) 1; 41 DLR 385; 35 DLR 5, 127; 10 DLR (SC) 29. Lawyers Involved: Farhad Ahmed with Dewan Abdun Naser and Fazle Rabbi, Advocates‑ For the Appellant. ABM Waliur Rahman Khan, Assistant Attorney-Gen......ny person in fear of any injury to that person, or to any other, and thereby dishonestly induces the person so put in fear to give donation or subscription of any kind or to deliver to any person any property or valuable security or anything signed or sealed which may be converted into a valuable se....... Let the appellant be set at liberty forthwith if not wanted in connection with any other case. Send down the case record expeditiously. Ed. This Case is also Reported in: 55 DLR (2003) 81. ..Category: Criminal Law | Date: | Hits: 38
Ambia Khatun Vs. Bangladesh and others, 2009, 38 CLC (AD)
....ght or interest in the building has not been affected by the provisions of PO No. 16 of 1972. But in the facts and circumstances of the case when the State has devised an alternative forum for giving complete relief to the appellant, the learned judges observed, she could not invoke the writ jurisdi......urt Appellate Division (Civil) Present: Mohammad Fazlul Karim J Md. Joynul Abedin J SAN Mominur Rahman J Ambia Khatun.............................Appellant Vs. Bangladesh and others.............Respondents Judgment August 10, 2009. Cases Referred to- Baldwin ......before the Chairman, Court of Settlement, Dhaka under Section 7(1) of the Abandoned Buildings (Supplementary Provisions) Ordinance, 1985 (Ordinance No.54 of 1985) stating, inter alia, that the case property belonged to Rafi Ahmed Fidai who got the same by way of allotment from the then Government ......ce in the submissions of the learned Counsel for the appellant. Accordingly, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 15 BLC (AD) (2010) 200. ..Category: Property Law | Date: | Hits: 30
Azizur Rahman Vs. Mariamunnessa and others, 2001, 30 CLC (HCD)
.... directed to dispose of the suit within one year from the date of receipt of this judgment and order. Send down the lower court records. Ed. This Case is also Reported in: 54 DLR (2002) 108. ......(2002) 108. ......proved and in view of the assertion of suppression of summons and notice the plaintiff has to prove service of summons and notice by adducing evidences to the effect that the summons and notices were properly served but both the courts failed in taking into consideration of such facts having regard ......fication for a detailed enquiry by the Court though we are not unmindful that in view of the language of Order XXXII rule 15 such enquiry may not necessarily involve the paraphernalia of a process of adjudication.” 25. Learned Advocate further contends that the findings arrived at by the Court..Category: Property Law | Date: | Hits: 44
Matasim Ali Chowdhury Vs. Md. Ismail, 2001, 30 CLC (HCD)
....ule stands discharged. Order of stay recorded by this Court at the time of issuance of Rule dated 5-11-2000 stands vacated. No costs. Ed. This Case is also Reported in: 54 DLR (2002) 104. ......e following two questions which are- (i) Whether Local Investigation under Order 26, rule 9 of the Code of Civil Procedure on matters stated in the application for Local investigation is essential and imperative in resolving the controversy and material issue involved in the suit for a decree of ......igation is essential and imperative in resolving the controversy and material issue involved in the suit for a decree of recovery of khas possession on declaration of plaintiff-petitioners title over property described in schedule to plaint, And (ii) whether the decision under challenge in Revisi......possession over suit property it is necessary for the Court to determine the exact position of the property in part particularly towards western side and a Local Investigation is necessary for proper adjudication of the dispute between parties and learned Assistant Judge committed an error in decisi..Category: Administrative Law | Date: | Hits: 236
Ratan Chandra Karmaker. Vs. Afsar Ali, 1987, 16 CLC (HCD)
....end down the records to the court of Munsif at an early date. In the facts and circumstances of the case there will be no order as to costs. Ed. This Case is also Reported in: 40 DLR (1988) 147.......er as to costs. Ed. This Case is also Reported in: 40 DLR (1988) 147.......to service and make further enquiry in the matter as it thinks fit and proper and thereafter may either declare that the summons has been duly served or order such other service as it deems fit and proper. 6. Both these provisions under rule 17 and rule 19 be read together and when read togethe......end down the records to the court of Munsif at an early date. In the facts and circumstances of the case there will be no order as to costs. Ed. This Case is also Reported in: 40 DLR (1988) 147...Category: Procedural Law | Date: | Hits: 66
....mpugned resolution is quashed and the impugned order is set aside. These will be no order as to costs.
Sultan Hossain Khan J.- I agree.
Ed.
This Case is also Reported in: 40 DLR (1988) 136.......sent:
Sultan Hossain Khan J
Amin-Ur-Rahman Khan J
Abdus Sobhan............................................Petitioner
Vs.
The Secretary, Ministry of Local Government, Rural Development and Co-operatives and Ors.....................Respondents
Judgment
December 8, 1986.
Law......the resolution in the language which on English rendering will be as follows :-
"This meeting unanimously records its decision that in the interest of the development works of this Upazila and for proper execution of the works by Upazilla Parishad during the current financial year and for various......mpugned resolution is quashed and the impugned order is set aside. These will be no order as to costs.
Sultan Hossain Khan J.- I agree.
Ed.
This Case is also Reported in: 40 DLR (1988) 136...
Category: Administrative Law | Date: | Hits: 185
Md. Shahjahan Ali Vs. The Chairman, Labour Court, Rajshahi, 1987, 16 CLC (HCD)
.... For all these reasons we do not find any substance in this rule. The rule is, accordingly, discharged without any order as to costs. Ed. This Case is also Reported in: 40 DLR (1988) 132. ............Opposite Party Judgment April 7, 1987. Cases Referred to- Zeal Bangla Sugar Mills Ltd. vs. Chairman 1982 BLD (HD) 57, SH Quddus & others vs. Chairman, Labour Court, Chittagong and others, 33 DLR(HD) 1, 33 DLR(AD) 12; Ayesha Salahuddin vs. Chairman, Second Labour Court and ano......bour Court in deciding a complaint filed under clause (b). It runs as follows:- "(d) in deciding the matter the Court may pass such orders including orders regarding costs, as it may deem just and proper and it may, in appropriate cases, require, by such order, the rein statement of the complai...... For all these reasons we do not find any substance in this rule. The rule is, accordingly, discharged without any order as to costs. Ed. This Case is also Reported in: 40 DLR (1988) 132. ..Category: Labour and Industrial Law | Date: | Hits: 124
M.A. Hai and others Vs. Trading Corporation of Bangladesh, 1987, 16 CLC (HCD)
....einafter referred to as the Rules of 1984 are being followed by the Corporation from 21.7.84. 3. In the Rules of 1976, the authority could prescribe a time-limit within which the inquiry should be completed by the Inquiry Officer. No con-sequence was provided for if the time-limit could not be ad......ules are discharged. Cases Referred to- 32 DLR (AD) 46; 31 DLR 326; Vitarelli vs. Seaton (1959) 359 US 535; 3 L Ed 2d 1012 Ramana Dayaram Shetty vs. The International Airport Authority of India and others, AIR 1979 (SC) 1928); M. Noman vs. the Dhaka Improvement Trust, 16 DLR (Dhaka) 536; The...... cases. In the result, all the Rules are discharged but without any order as to costs. Mohammad Ismail Uddin Sarker J.- I agree. Ed. This Case is also Reported in: 40 DLR (1988) 109. ...... cases. In the result, all the Rules are discharged but without any order as to costs. Mohammad Ismail Uddin Sarker J.- I agree. Ed. This Case is also Reported in: 40 DLR (1988) 109. ..Category: Employment/Service Law | Date: | Hits: 80
Sonali Bank Vs. Rana Oil Mill and ors., 1999, 28 CLC (HCD)
....nhanced to Taka 4 lac but the bank took away Taka 1,44,000.00 from this account to adjust overdue arrear of the IDA credit which they cannot do, but did it illegally. The cash credit limit account is completely a different loan account from IDA loan account. Cash credit limit loan has been advanced ......ourt High Court Division (Civil Appellate Jurisdiction) Present: MA Choudhury J Md. Abdul Aziz J Sonali Bank………………….……………..Petitioner Vs. Rana Oil Mill and ors …………………..Respondents Judgment May 24, 1999. Cases Referred To- Koh......1984, Exhibit 1. The defendant No. 2 accepted the sanction letter containing various terms and conditions by signing the same and took the loan placing his and his wife’s (defendant No.3) immovable properties under equitable mortgage and hypothecation against project machinery and equipment, stock......0 is hereby set aside and the suit is also dismissed with costs of appeal and the suit. Send down the lower court records at once. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 130. ..Category: Civil Law | Date: | Hits: 85
Begum Khaleda Zia Vs. Government of Bangladesh and others, 2010, 39 CLC (HCD)
....his day to the petitioner to vacate the house in question. Sheikh Hassan Arif J.- I agree. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 597, 63 DLR (2011) 385, 8LG (2011) HCD 189. ......ourt High Court Division (Special Original Jurisdiction) Present: Nazmun Ara Sultana J Sheikh Hassan Arif J Begum Khaleda Zia...........Petitioner Vs. Government of Bangladesh and others .......... Respondents. Judgment October 13, 2010. Result: The rule is disch......ster and now Leader of the Opposition in Parliament calling upon the respondents to show cause as to why the impugned notice dated 24.5.2009 (annexure C-2) asking the petitioner to return the demised property during the subsistence of a registered lease in perpetuity dated 8.7.1981 situated at 6, Sh......his day to the petitioner to vacate the house in question. Sheikh Hassan Arif J.- I agree. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 597, 63 DLR (2011) 385, 8LG (2011) HCD 189. ..Category: Property Law | Date: | Hits: 88
State Vs. Shahin and others, 2009, 38 CLC (AD)
....cision 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: 18 BLT (AD) (2010) 465. ......ition No.73 of 2009) Judgment April 27, 2009. Cases Referred To- Sk. Shamsur Rahman @ Shamsu Vs. The State 10 BLR 251; Tapinder Singh Vs. State of Punjab AIR 1970 SC 1566; Lallubhai Devchand Shah Vs. State of Gujara, AIR 1972 SC 1776; State Vs. Mukbul Hossain, 26 DLR 419. Lawyers Inv......llow the law, the evidence and material on record but in the present case, the learned Session Judge deviated from the principle as laid down. 5. We are of the view that the High Court Division on proper consideration of the materials on record arrived at a correct decision and there is no illega......cision 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: 18 BLT (AD) (2010) 465. ..Category: Criminal Law | Date: | Hits: 33
Belal alias Bellal and 2 others Vs. State, 2001, 30 CLC (HCD)
....ion 164 of the Code of Criminal Procedure was recorded. He also stated that as he was transferred before completion of the investigation his successor Officer-in-Charge Abul Kalam Azad (not examined) completed the investigation and submitted charge-sheet against the accused-persons. In cross-examina......s Case is also Reported in: 54 DLR (2002) 80. ......ered from any accused. PW 10 however denied the defence suggestion as not true that the accused- persons standing in the dock were not involved in the dacoity and that he did not investigate the case properly. He also denied as not true that had the case been properly investigated no charge-sheet co......, District-Dinajpur be set at liberty forthwith if not wanted in any other connection. Send down the lower Courts records expeditiously. Ed. This Case is also Reported in: 54 DLR (2002) 80. ..Category: Criminal Law | Date: | Hits: 83
Haji Arshad Ali Kari Vs. Asmat Ali Hawlader and others, 2008, 37 CLC (AD)
....above, we find no substance in the submissions of the learned Advocate for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 18 BLT (AD) (2010) 318. ......lul Karim J Md. Tafazzul Islam J Md. Joynul Abedin J Md. Abdul Matin J Haji Arshad Ali Kari……………………………………...............Petitioner Vs. Asmat Ali Hawlader and others……………………......Respondent Judgment July 30, 2008. Case Referred To......istered instrument dated 04.05.1981 by the defendant Nos.2-4 contending, inter alia, that the plaintiff and the defendant are two full brothers and they had been in joint possession in their paternal property as shown in schedule No.2 to the plaint. For peaceful settlement of the suit property they ......above, we find no substance in the submissions of the learned Advocate for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 18 BLT (AD) (2010) 318. ..Category: Property Law | Date: | Hits: 30
Giyash Uddin Vs. Martuza Bibi and ors., 2010, 39 CLC (AD)
....below on proper assessment of evidence causing no failure of justice. We find no substance petitions which are accordingly dismissed. Ed. This Case is also Reported in: 18 BLT (AD) (2010) 316.......(Civil) Present: MM Ruhul Amin J Md. Tafazzul Islam J Md. Abdul Matin J Giyash Uddin……………………………………………Petitioner (In both cases) Vs. Martuza Bibi and ors………………………………….Respondents (In both cases) Judgment January 2......nd such a solenama has been rightly held not to be a conclusive proof of the plaintiff’s right of easement on the land of the respondents. The case has been correctly decided by the courts below on proper assessment of evidence causing no failure of justice. We find no substance petitions which......below on proper assessment of evidence causing no failure of justice. We find no substance petitions which are accordingly dismissed. Ed. This Case is also Reported in: 18 BLT (AD) (2010) 316...Category: Property Law | Date: | Hits: 33
Hazera Begum Vs. Artha Rin Adalat & another, 2001, 30 CLC (HCD)
.... Artha Rin Adalat. The Rule is liable to be discharged. In the result, the Rule is discharged. Stay granted earlier is vacated. Ed. This Case is also Reported in: 54 DLR (2002) 78. ...... Rule was issued calling upon the respondents to show cause as to why the impugned order dated 20-7-20 (Annexure ‘E’) passed in Money Execution Case No. 2 of 1991 by the learned Subordinate Judge and Artha Rin Adalat, Faridpur as far as it relates to the issuance of Civil Warrant of Arrest is co......ction 6 Ka of the Artha Rin Adalat Ain 1990, the Artha Ain Adalat itself has been given the power to execute a decree passed by it. So, according to him, as the Artha Rin Adalat considered it fit and proper to pass an order for detention of the judgment debtors, the Adalat committed no illegality. ...... Artha Rin Adalat. The Rule is liable to be discharged. In the result, the Rule is discharged. Stay granted earlier is vacated. Ed. This Case is also Reported in: 54 DLR (2002) 78. ..Category: Civil Law | Date: | Hits: 89
....ished within a limited period. Further, the term ‘permanent worker’ has been defined in section 2(m) of the Act to mean "a worker who has been engaged on permanent basis or who has satisfactorily completed the period of his probation in the shop or the commercial or the industrial establishment"......
Judgment
Syed Fazle Ahmed J.-Rule Nisi was issued under Article 102 of the Constitution of the People's Republic of Bangladesh calling upon the respondents to show cause as to why the decision and order dated 28.1.1981 passed by the Respondent No. I in IRO Case No. 52 of 1980 should not be de......k vide copy of the Judgment dated 5.10.77. As against that decision the Bank filed the aforesaid writ petition. It was argued on behalf of the petitioner Bank that finding of the Labour Court was not proper inasmuch as it was not based on material on record, but this Court found that the decision of......ufficient materials and as such the decision does not call for any interference by this court.
In the result, the Rule stands discharged.
Ed.
This Case is also Reported in: 46 DLR (1994) 143. ..
Category: Labour and Industrial Law | Date: | Hits: 93
Abu Bakar Siddique Vs. Md. Khorshed Alam & ors., 2001, 30 CLC (HCD)
....this Rule is discharged without any order as to costs on the ground of maintainability with the findings and observations made herein above. Ed. This Case is also Reported in: 54 DLR (2002) 75. ......horshed Alam & ors .........Opposite Parties Judgment May 13, 2001. Lawyers Involved: Mohammad Nazrul Islam, Advocate—For the Petitioner. Mahmudul Islam with AHA Rahman Chowdhury and Nahid Mahtab, Advocates—For Opposite Party No. 1. Md. Khalilur Rahman, Advocates—For Oppo......r dated 26-10-99 passed by the Senior Assistant Judge, 4th Court, Dhaka in Title Suit No. 62 of 1996 should not be set aside and or pass such other or further orders as to this Court may seem fit and proper. 2. Short facts, necessary, for the disposal of the Rule are that the opposite party as pl......this Rule is discharged without any order as to costs on the ground of maintainability with the findings and observations made herein above. Ed. This Case is also Reported in: 54 DLR (2002) 75. ..Category: Property Law | Date: | Hits: 32
Jamir Ali (Md) and Md. others Vs. Secretary, Ministry of Land and others, 1999, 28 CLC (HCD)
....d in 50 DLR (AD) 11. In the result both the Rules are discharged without any order as to costs. Order of injunctions stand vacated. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 125. ...... Case is also Reported in: 52 DLR (HCD) (2000) 125. ......ayer was not heeded to by the respondent No. 5. That no gazette notification as required under clause (h) of sub-section (4) of section 93A of the said Act has yet been published vesting title of the property in the requiring body RAJUK. 7. Rule is contested by the respondents by filing two separ......d in 50 DLR (AD) 11. In the result both the Rules are discharged without any order as to costs. Order of injunctions stand vacated. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 125. ..Category: Property Law | Date: | Hits: 27
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