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....d Mahbubar Rahman, Advocate-on-record—For the Respondents (In Civil Petition No.1798 of 2010).
Civil Petition for Leave to Appeal Nos.1488-1490 with 1798 of 2010.
(From the judgment and order dated 23.08.2009 passed by the High Court Division in Writ Petition Nos.8289 of 2008, 9585 of 2008, ...... file concise statement within 6(six) weeks and 1(one) week thereafter the respondent shall file concise statement to make the appeal ready.
Ed.
This Case is also Reported in: 9 ADC (2012) 381...
Category: Employment/Service Law | Date: | Hits: 133
Md. Hanifuddin and another Vs. Abdul Mannan and others, 2012, 41 CLC (AD)
.... (In Civil Petition Nos. 2512 & 2514). Respondents—Not represented (In Civil Petition No. 2513). Civil Petition tor Leave to Appeal Nos.2512-2514 of 2009. (From the judgment and order dated 19.07.2009 passed by the High Court Division in Civil Revision Nos.1499 of 2004, 2316 of 2007 ......and the court of fact, i.e. the appellate court also, on consideration of evidence on record found this claim of these petitioners proved, but the High Court Division discarded these findings and decision of the appellate court below on the ground that these petitioners never paid rent to the go..Category: Property Law | Date: | Hits: 68
....ahidul Huq, Advocate-on-Record—For the petitioners.
Md. Nawab Ali, Advocate-on-Record—For the Respondent.
Civil Petition for Leave to Appeal No.1675 of 2010.
(From the judgment and order dated 20.05.2010 passed by the High Court Division in Writ Petition No.6790 of 2005)
Order
Muh......) of the said Regulations, 1989, and that the mandatory provisions were infringed by the subsequent payments of 90 days' salary along with service benefits to him in lump. Thus, he submits, the decision of the High Court Division that the impugned order dated 29.03.2004 is liable to be struck ..
Category: Employment/Service Law | Date: | Hits: 180
Bangladesh Bank and another Vs. Sukamal Sinha Choudhury and another, 2011, 40 CLC (AD)
....titioners. Aminuddin, Advocate instructed by Chowdhury Md. Zahangir, Advocate-on-Record—For the Respondents. Civil Petition for Leave to Appeal No. 58 of 2011. (From the judgment and order dated 02.06.2010 passed by the High Court Division in Writ Petition No.530 of 2009.) Order Naz......s such the High Court Division was erroneous in holding that it has a retrospective effect and this retrospective effect has prejudiced the writ petitioner. Mr. M. Amir-ul Islam has also cited some decisions of the Apex Courts of the Country and of India (as mentioned in the grounds quoted below) ..Category: Employment/Service Law | Date: | Hits: 211
Nur Mohammad Bhuiyan and others Vs. Aysha Khatoon and others, 2011, 40 CLC (HCD)
....ies. Civil Revision No. 4269 of 1991. Judgment Md. Ruhul Quddus J. - This Rule at the instance of the plaintiff-respondents was issued calling in question the legality of judgment and decree dated 29.11.1988 passed by the Subordinate Judge (now Joint District Judge), Chandpur in Title Appea......tion past and closed before expiry of the period of limitation. 19. In view of the above, the lower appellate Court in passing the impugned judgment committed error of law resulting in an error in decision occasioning failure of justice, and as such the Rule merits consideration. 20. In the re..Category: Property Law | Date: | Hits: 87
Shahidullah Shaik and others Vs. Atahar Shaik and others, 2011, 40 CLC (HCD)
....ties. Civil Revision No. 933 of 1999 Judgment Md. Ruhul Quddus J. - This Rule, at the instance of the defendant-petitioners, was issued calling in question the legality of judgment and order dated 11.1.1999 passed by the District Judge, Gopalgonj in Miscellaneous Appeal No. 24 of 1998 dismi......same. The learned District Judge considered the evidence, elaborately discussed each and every aspect of the case and dismissed the appeal. He did not commit any error of law resulting in an error in decision occasioning failure of justice. I do not find any substance in the Rule. In the result, ..Category: Procedural Law | Date: | Hits: 74
National Board of Revenue and others Vs. Mustafizur Rahman, 2003, 22 CLC (AD)
....on-Record-For the Appellant Nitai Roy Chowdhury, Advocate, instructed by Mvi. Md. Wahidullah, Advocate-on-Record- For the Respondent. Civil Appeal No.214 of 2000 (From the judgment and order dated 3rd November 1999 passed by the High Court Division in Writ Petition No.3453 of 1998). Jud...... judgment with reference to the relevant provisions of the concerned SRO. In view of the above matter, the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: ..Category: Fiscal/Taxation Law | Date: | Hits: 140
Government of Bangladesh and others Vs. Md. Salim Reza, 2003, 22 CLC (AD)
....d-For the Appellants. Abdul Wadud Bhuiyan, Senior Advocate, instructed by A.S.M. Khalequzzaman, Advocate-on-Record-For Respondent. Civil Appeal No. 206 of 2000. (From the judgment and order dated 7th May 2000 passed by the High Court Division in Writ Petition No.4753 of 1999). Judgment......me though not in the order of termination the letter is the outcome of the said report and as such the same was issued without any chance to show cause is not sustainable in law and has referred to a decision in the case of Dipti Prakash Banerjee Vs. Satyendra Nath Bose National Centre for Basic Sci..Category: Employment/Service Law | Date: | Hits: 155
....ar Faruk - For the Appellants.
No one appears - For the Respondent.
First Appeal No. 54 of 1997.
Judgment
Shahidul Islam J. - This First Appeal is directed against the judgment and decree dated 02.11.1996 passed by the learned Sub-ordinate Judge, 3rd Court, Chittagong in Other Suit No. 1......tting the kabala deed executed and registered?
vii) Whether the impugned Judgment and decree are sustainable in law?
9. Let us take up issue No. i, ii, iii and iv together for consideration and decision:-
The plaintiff respondent has examined only one witness to prove his claim. We have gon..
Category: Property Law | Date: | Hits: 113
....- for opposite party No.1.
Civil Revision No. 734 of 2011
Judgment
Md. Ruhul Quddus J. - This Rule, at the instance of the substituted defendants, was issued to examine the legality of order dated 7.2.2011 passed by the Joint District Judge, Second Court, Dhaka in Title Suit No. 36 of 2002 ......and gone through the plaint, written statement filed by the principal defendant Surjat Ali, since deceased and the additional written statement filed by the petitioners. We have also gone through the decision cited by Mr. Quiyum. In the case cited, the suit was for ejection of defaulter-tenants. The..
Category: Property Law | Date: | Hits: 67
S. M. Basiruddin Vs. Zahurul Islam Chowdhury and another, 1982, 11 CLC (AD)
....Appellant. M.H. Khondker, Senior Advocate, Supreme Court, instructed by S.R. Karmakar, Advocate on Record - For the Respondent No.1. Civil Appeal No.58 of 1982. (From the judgment and order date 25-3-82 passed by the High Court Division in Civil Revision Case No.358 of 1980.) Judgment ......n error in treating the successors in interest of Akshoy Kumar Saha Banik as co-sharer of Ayesha Khatun, and allowing the preemption case. In this connection the learned Advocate submitted that the decision relied upon by the High Court Division in the case of Brindaban Chandra Chowdhury Vs. Mosam..Category: Property Law | Date: | Hits: 85
Md. Rejaul Haque @ Ezaul Vs. State, 2011, 40 CLC (HCD)
....orney General - For the State respondent. Criminal Appeal No. 2890 of 1999. Judgment Md. Nuruzzaman, J. - The instant Criminal Appeal is directed against the judgment and order of conviction dated 31.10.1999 passed by the Special Tribunal No.1, Chuadanga in Special Tribunal Case No. 42 of 1......r submits that the learned Judge of Special Tribunal though has given the reasonings in support of prosecution case, however, those are not based on the evidence on record and as such the finding and decision of the tribunal are not sustainable in law. Therefore, the impugned Judgment and order of c..Category: Criminal Law | Date: | Hits: 95
Mahbub-ul-Alam Md. (Minor) and another Vs. Md. Alimuddin Karikor, 2009, 38 CLC (HCD)
....e Opposite Party. Civil Revision No. 2906 of 2007. Judgment Md. Abdul Aziz J. - This Rule was issued calling upon the opposite party to show cause as to why the impugned judgment and order dated 9-4-2007 passed by the learned Additional District Judge, 1st Court, Satkhira in Civil Revisio......mitting revisional Court has below seriously fallen in error in passing the impugned judgment and order setting aside the order passed by the Executing Court on erroneous finding wrongly relying on a decision in the case of Ajiran Nessa Bewa Vs. Md. Abdul Mannan, reported in 45 DLR 66 wherein it was..Category: Civil Law | Date: | Hits: 100
Zillul Haq and others Vs. Maloti Bala Dey & others, 1998, 27 CLC (HCD)
....ner. Idrisur Rahman, Advocate - For the Opposite Party Nos. 41 and 42. Civil Revision No. 2330 of 1997. Judgment Gour Gopal Saha J.- This Rule is directed against the Judgment and decree dated 12-9-1996 passed by the Additional District Judge, 1st Court, Sylhet in Title Appeal No.4 of......ction for protection of its interest, if so advised. 15. In the facts of the case, the learned Additional District Judge committed no error of law in passing the impugned judgment by reversing the decision of the trial Court, on assigning cogent reasons and consequently the impugned judgment does..Category: Property Law | Date: | Hits: 88
Abul Kashem Vs. State, 1997, 26 CLC (HCD)
....t. Syed Abu Kowser, Assistant Attorney-General - For the State. Criminal Appeal No.817 of 1991. Judgment Mohammad Gholam Rabbani J.- This appeal is directed against the judgment and order dated 28-5-1991 passed by the learned Special Tribunal Judge, Court No.1 Bogra, in Special Case No.3......it was a public place and it cannot be said that the appellant was in exclusive possession of that place. That being so appellant cannot be held liable under section 19A of the Arms Act. The earliest decision which supports our finding is a Division Bench decision reported in 21 DLR 685 and it was f..Category: Criminal Law | Date: | Hits: 94
Chandi Proshad Dhar Vs. Bibha Rani Dhar & Others, 1996, 25 CLC (HCD)
....ion for adding him as a party in the probate case. It may be mentioned here that the testator died leaving a son Prohallad Kumar Dhar as opposite party No.2 besides the legatee. By the impugned order dated 25-5-95 learned District Judge rejected the application for addition of party and hence this R......Advocate for the opposite parties, in reply submits that a person can only be added in terms of the said clause (c), if he claims interest in the property in question through the testator and cites a decision reported in 35 DLR (AD) 254. 5. Admittedly petitioner is not an heir of the testator and..Category: Property Law | Date: | Hits: 70
Halima Jaman and other Vs. Government of Bangladesh, 1998, 27 CLC (HCD)
....- This Rule under Order 47, rule 1 of the Code of Civil Procedure at the instance of plaintiffs-appellants was issued calling upon the opposite parties to show cause as to why the Judgment and decree dated 12th April, 1994, passed by a Division Bench of this Court in First Appeal No.184 of 1990 shou......imself aggrieved, (a) by a decree or order from which an appeal is allowed, but from which no appeal has been preferred, (b) by a decree or order from which no appeal is allowed, or (c) by a decision on reference from a Court of Small Causes, and who, from the discovery of new and import..Category: Property Law | Date: | Hits: 89
Shefali Rani and others Vs. Makhan Chandra Das and others, 1990, 19 CLC (HCD)
....istry Office, at Begumgonj, Noakhali, are forged and fraudulent. 2. The plaintiff took Title Appeal No.78 of 1990. The appeal was contested and it was dismissed by the impugned judgment and decree dated 18-7-90 by the Subordinate Judge 1st Court, Lakshmipur. 3. The relevant facts of the case i......f Begumgonj in view of the aforesaid manual. 13. By the amendment as made in Ordinance 50 of 1985 section 30 and section 67 were omitted. Section 67 is not relevant for our present purpose and for decision in this matter. The documents in question were registered before the amendment of 1985. ..Category: Procedural Law | Date: | Hits: 105
Shaheen Mahmood Alam (Md.) Vs. Ziaur Rahman & others, 1997, 26 CLC (HCD)
.... nomination paper of the respondent No.1 seeking election as a Chairman of the local Kulkandi Union Parishad PS Islampur, District-Jamalpur. He submitted the nomination paper on 4-11-97. 2. On the date of scrutiny on 5-11-97 the petitioner pointed out that the respondent No.1 defaulted repayment ......on Parishad. No other ground taken in this petition was pressed by Mr. Sircar. In the result, the Rule is made absolute. No costs. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 346. ..Category: Election Law | Date: | Hits: 153
Ziauddin Ahmed Vs. Bangladesh,1994, 23 CLC (HCD)
.... General ‑ For the Respondents. Writ Petition No. 177 of 1993. Judgment Md. Hamidul Haque J. - By this Rule the Respondents were directed to show cause as to why Memo No. Secret‑5/3/92 dated 12.12.92 issued by respondent No. 1, under the signature of respondent No.3. refusing to issue......, 1947 against several persons including the present petitioner alleging that the present petitioner presided over a meeting of the Board of Directors, Bangladesh Biman on 16.3.89 and 6.7.89 when the decision regarding purchase of three ATP Aircrafts were approved which caused loss to the State. ..Category: Constitutional Law | Date: | Hits: 238
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