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Mayurer Nessa and others Vs. Julekha Khatoon and others, 1994, 23 CLC (HCD)
....ddus Mia, Advocate ‑ For the Respondents. Second Appeal No. 269 of 1973. Judgment Kazi Ebadul Hoque J. - This appeal by the contesting defendant Nos. 1 and 8 is against judgment and decree dated 26.9.1972 passed by the Additional District Judge, Comilla in Title Appeal No. 95 of 1967 affi......ame having been acted upon the plaintiffs are estopped from giving a go by to the same to the prejudice of the said defendants. 11. In the aforesaid facts and circumstances of the case I find that decision of the Courts below is contrary to law in not giving effect to the compromise effected betw..Category: Procedural Law | Date: | Hits: 85
Abdul Motaleb Shaque and others Vs. State, 1994, 23 CLC (HCD)
....l - For the State. Criminal Revision No. 1107 of 1992. Judgment KM Hasan J. - This Rule was issued calling upon the Deputy Commissioner, Bagerhat to show cause as to why the impugned order dated 29.7.92 passed in Sessions Case No. 30 of 1991 by the learned Additional Sessions Judge, Bager......n 339 C is a mandatory one, once 270 working days have expired the proceeding against the accused persons must be stopped and the accused must be released. In support of his argument he has cited the decision held in the case of Ramjoy Mondal & others Vs. State, reported in 37 DLR 252 where it h..Category: Procedural Law | Date: | Hits: 80
Santosh Kumar Paul Vs. Nuruddin Ansari, 1993, 22 CLC (HCD)
....l No. 307 of 1976. Judgment Judgment Muhammad Ansar Ali J. - These two Second Appeals being Second Appeal No. 306 of 1976 and Second Appeal No. 307 o 1976 arise out of the same and one judgment dated 20th April, 1976 passed by the learned Additional District Judge, Faridpur disposing of the tw......ment dated 20th April, 1976 passed by the learned Additional District Judge, Faridpur disposing of the two appeals namely, Title Appeal No. 94 of 1975 and Title Appeal No. 95 of 1975 by reversing the decisions of the trial Court dated 26.4.1975 passed in TS No.108 of 1974 and TS No. 221 of 1973. ..Category: Procedural Law | Date: | Hits: 129
Lt. Cdr (Retd) AHM Mahmud Vs. Masud Ahmed, 2010, 39 CLC (HCD)
.... Judgment Md. Imman Ali J.- The petitioner previously filed Writ Petition No.377 of 1991 challenging the order under Memo No. প্রশা-৩/১৩১/১০ ট্রাষ্ট/৬১৩ dated 09-3-1991 passed by the then Secretary of the Muktijudda Kalyan Trust accepting the petitioner......avit dated 31.05.2009). On 19-11-2007 the petitioner submitted joining letter to Mr. Masud Ahmed and Mr. Abdullah-al-Hassan Chowdhury, the then MD and Secretary respectively of the BFFWT. After the decision of the Appellate Division the petitioner again submitted a joining letter dated 19-1-2007 a..Category: Employment/Service Law | Date: | Hits: 156
Abdus Sattar and another Vs. Md. Ali Hossain Prodhan, 2009, 38 CLC (HCD)
....party. Civil Revision No. 489 of 2007. Judgment SM Ziaul Karim J.- This Rule at the instance of defendant respondent petitioners, calls in question the legality and propriety of the order dated 27-9-2006 passed by learned Special District Judge, and Paribesh Adalat, Dhaka refusing to com......istrict Judge, have to comply the order passed by learned District Judge, but by rejecting such application the learned Special District Judge, committed an error of law, resulting in an error in the decision occasioning failure of justice. 5. The Rule is not opposed. 6. In order to appreciate..Category: Civil Law | Date: | Hits: 95
Obaidullah Khondaker (Sohel) Vs. Government of Bangladesh and others, 2010, 39 CLC (HCD)
....sing no heavy machinery over 30 hectares of land in Mouza Balabari, Lohakachi and Majheepara within Upazila-Tetulia, District-Panchagar in extracting ordinary stone as is evident from the lease-order dated 6-2-2006 (Annexure-'B' to the Writ Petition) and such other or further order or orders passed ...... Korunamoy Chakma, the learned Deputy Attorney-General appearing on behalf of the respondent No.3, finds it very difficult to assail the above submissions of Mr. ABM Waliur Rahman Khan in view of the decision rendered by the Appellate Division in Civil Appeal No.85 of 2006. 8. We have heard the l..Category: Property Law | Date: | Hits: 66
Abul Hasnat Md. Belal Vs. Md. Alauddin and others, 2008, 37 CLC (HCD)
....aborty, Advocate—For the Opposite Party No.1. Civil Revision No.1443 of 2002. Judgment SM Ziaul Karim J.- This Rule calls in question the legality and propriety of the judgment and order dated 17-1-2002 passed by the learned Joint District Judge, First Court, Chittagong, in Title Suit N......rder, could not by itself be a valid ground for interference by the High Court Division unless it can be shown that the subordinate Court has committed any error of law resulting in an error in the decision occasioning failure of justice. The order of the subordinate Court may have been a bad o..Category: Procedural Law | Date: | Hits: 90
Ataur Rahman (Md.) Vs. Bangladesh and others, 2010, 39 CLC (HCD)
....am Chowdhury J.- This Rule Nisi was issued calling upon the respondents to show cause as to why the impugned Warrant of Precedence issued vide Cabinet Division's Notification No. CD-10/1/85-Rules/361 dated 11-9-1986 as revised up to 12-4-2000 equating with or subordinating District Judges and other ......presents the authority of the State. Those who exercise the State-power are Ministers, Legislators and Judges and not the members of their staff who implement or assist in the implementation of their decisions. So in that view of the matter, the members of the Judicial Service cannot be equated with..Category: Constitutional Law | Date: | Hits: 270
Bazlur Rahman (Md.) Vs. Government of the People's Republic of Bangladesh, 2009, 38 CLC (HCD)
....Liberation War of 1971 and thereafter, the respondents being satisfied started to give the State Honorarium benefit to the petitioners and the petitioners had been receiving their honorarium from the date of granting honorarium of the respective date. All on a sudden, in the middle part of 2003, the...... or quasi-judicial proceeding but also to administrative proceeding provided that the relevant statute does not exclude its application and requires the administrative authority concerned to base its decision on an objective determination of facts." 22. Against the Judgment and order of the..Category: Others | Date: | Hits: 149
Abul Basher Chowdhury Vs. Habibur Rahman Mia and others, 1978, 7 CLC (AD)
....eal by special leave is against the summary dismissal of the writ petition by a Bench of the High Court passed in writ jurisdiction wherein the appellant made a prayer for declaring the order No.12 dated 15-7-77 passed by the Election Tribunal (Munsif, 2nd Court), Chandpur in Election Petition No.......on the basis of which the result of the election has been declared was properly made. The appeal is dismissed with no order as to costs. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 297...Category: Election Law | Date: | Hits: 159
American Life Insurance Company Vs. Dacca Poura Shaba and others, 1978, 7 CLC (AD)
....h AKM Nurul Islam, Senior Advocate, instructed by Md. Yakub Ali, Advocate - For Respondent No.1. Ex-parte—Respondent Nos. 2 and 3. Civil Appeal No.97 of 1977. (From the Judgment and Order dated the 18th May, 1973 passed by the High Court in Writ Petition No.159 of 1971). Judgment F......nistration Ordinance, 1960 which includes rates on lighting and conservancy, and in view of the ceiling of 17%, the Municipality was not authorised to levy tar the total exceeding 17%. Against this decision the Dacca Municipality moved the High Court in the writ jurisdiction being Writ Petition No..Category: Fiscal/Taxation Law | Date: | Hits: 156
Bangladesh Steamer Agent's Association Vs. Bangladesh & others, 1979, 8 CLC (AD)
.... S.R. Pal, Senior Advocate, with S.C. Das, Advocate, instructed by A. Rab-II, Advocate-on-Record - For the Respondent Nos. 3 & 4. Civil Appeal No. 36 of 1979. (From the Judgment and order dated 23.2.79 passed by the High Court Division in Writ Petition No. 1003 of 1978.) Judgment K......right vested in the person, he can be divested of that right by a capricious or arbitrary executive fiat, without being challenged as being violative of the principles of natural justice. An unjust decision of an administrative authority affecting adversely the right of a person can be scrutin..Category: Business or Commercial Law | Date: | Hits: 208
IFIC Bank Ltd. Vs. Eknabin & Co. and others, 2010, 39 CLC (HCD)
....r. No one appears—For the Opposite Party. Civil Revision No.3967 of 2005. Judgment Sharif Uddin Chaklader J.- This Rule by the opposite party No.1 petitioner directed against order No.4 dated 13-9-2005 passed by the learned District Judge, Dhaka in transfer Miscellaneous Case No.918 of......he case to Bankruptcy Court having been passed beyond his jurisdiction liable to be set aside. 9. Mr. AQM. Safiullah, the learned Advocate for the petitioner in this subject matter, relied on the decision of Bangladesh House Building Finance Corporation Vs. Shahid Sarwar Abu Hossain, 9 BLT 289=6..Category: Procedural Law | Date: | Hits: 126
Abeda Chowdhury Vs. State and another, 2009, 38 CLC (HCD)
....1-12-2004 in favour of the complainant bank. Thereafter the petitioner replaced the said two cheques of the same amount on 30-4-2005 and 30-5-2005 as the previous cheques were not enchased within due date and thereafter the complainant opposite party No.2 deposited the cheques dated 30-04-2005 and 3......e proceeding initiated against the petitioner when it is proved that the alleged cheque has been issued by him and it was bounced from his bank. 18. In this connection we may profitably refers the decision in the case of Nizamuddin Mahmood Vs. Abdul Hamid Bhuiyan reported in 60 DLR (AD) 195 where..Category: Criminal Law | Date: | Hits: 113
Rowshena Jahan Vs. State and another, 2010, 39 CLC (HCD)
....tion 561A of the Code of Criminal Procedure, was issued calling upon opposite-parties to show cause as to why the proceeding of Metropolitan Special Case No.42 of 2009 arising out Ramna PS Case No.33 dated 19-8-2008 Corresponding to ACC GR Case No.120 of 2008 under sections 26(2) and 27(1) of the An......other ground regard-ing sanction, non-submission of charge sheet within stipulated time etc, which are made grounds in the application, and admits that those do not come to any help in view of recent decisions of the Appellate Division in the cases of Dr. Mohiuddin Khan Alamgir and Habibur Rahman Mo..Category: Criminal Law | Date: | Hits: 100
Sukhamoya Dutta Gupta Vs. Abdul Gafur and others, 1979, 8 CLC (AD)
....wdhury, Senior Advocate, (Bahauddin Ahmed, Advocate with him) instructed by Aftab Hossain, Advocate-on-Record - For the Respondents. Criminal Appeal No.18 of 1978. (From the judgment and order dated 19-11-1976 passed by the High Court Division in Criminal Revision No.430 of 1975.) Judgment......his father Kumud Behari Dutta Gupta who purchased the same by registered kabalas Exhibits 1 and 2 from Nagendra Kumar Saha Chowdhury in whose favour the Civil Court decree stands. With reference to a decision of the Privy Council, in the case of Sinnasany Sudvan Yagam Vs. The King, (1952) 4 DLR 74 (..Category: Criminal Law | Date: | Hits: 94
.... the Appellant.
Abdul Wadud Bhuiyan, Assistant Attorney-General, instructed by S. S. Hoda, Advocate-on-Record - For the Respondent.
Civil Appeal No.147 of 1978.
(From the judgment and order dated 24.2.71 passed by the High Court in Writ petition No.22 of 1974).
Judgment
Badrul Haider......proceeding before the Screening Board which was started subsequent to 31.1.73 in terms of P.O. 67 of 1972 could be a valid proceeding for his dismissal in terms of the said order;
(ii) Whether the decisions of Screening Board could stand in view of the fact that the appellant was not allowed to c..
Category: Employment/Service Law | Date: | Hits: 107
Bangladesh Biman Corporation Vs. Chowdhury Mohammad Yusuf and another, 1979, 8 CLC (AD)
....ayun Hossain Khan, Advocates, instructed by Md. Nurul Hul, Advocate-on-Record - For Respondent No.1 (In Appeal No.25 of 1979). Civil Appeal Nos. 24 and 25 of 1979. (From the Judgment and order dated 19.1.79 passed by the High Court Division in Writ Petition Nos. 479 and 538 of 1978 respecti......ongst others:— (1) Whether the PIA Service Rules come into play for governing the relationship between the petitioner and the respondents in the absence of any rules framed; (2) Whether the decision given in 29 DLR (SC), 41, is applicable in the case of termination simpliciter of an employ..Category: Employment/Service Law | Date: | Hits: 123
New India Tea Company Ltd. Vs. Bangladesh and others, 1977, 6 CLC (AD)
....ssion of the land after reclaiming and improving the same at a huge cost. In 1969 the management of the Ramgarh Tea Estate was taken over by the Government of Pakistan under memo No.7(162)-Board/69 dated 4-12-69 as an enemy property. After liberation of the country the management of the Tea Estate......er the relinquishment by Hirala Mukherjee, Manager of Ramgarh Tea Estate in whose favour the land was originally settled legally transferred title in favour of the Union Agency Ltd. depended on the decision as to whether a registered document was necessary to effect the relinquishment. The learn..Category: Property Law | Date: | Hits: 87
....e No.138/61-62 on the ground that the existence of the LA Case was not known to the petitioners and they had no opportunity to challenge the same. That application was rejected by order of this Court dated 16-2-2010 on the ground that the challenge against the LA Case No.138/61-62 is totally distinc...... and any subsequent preparation of Khatian and payment of rent does not improve the position of the original owners in respect of the acquired land. In support of his contention, he refers to the decision in the cases of Bangladesh Sangbadpatra Parishad (BSP) Vs. Bangladesh, 43 DLR (AD) 126 and ..
Category: Property Law | Date: | Hits: 106
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