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Nikhil Kumar Sarker Vs. Bangladesh, 1991, 20 CLC (HCD)
....sistant Teacher of the said nationalised school is without any lawful authority. The application is, therefore, summarily rejected. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 67. ...... Sarker...................Petitioner Vs. Bangladesh, represented by the Secretary, Ministry of Education and others…………………Respondents Judgment May 9, 1991. Result: The application is summarily rejected. Lawyers Involved: NH Khondker with Ruhul Amin Shoaib, Advoc..Category: Employment/Service Law | Date: | Hits: 82
Haroon and another Vs. Mst. Sufia Khatun and another, 1990, 19 CLC (HCD)
.... one of the options open to him is to apply under rule 97 but that provision is merely permissible and not mandatory and it is open to the decree‑ holder/auction ‑purchaser to apply instead for a fresh warrant of possession. An enquiry at the instance of a third party in possession is contemplat...... that possession could not be delivered as the judgment debtors and their men resisted the execution of the writ for delivery of possession. Notwithstanding such a report the decree‑holders made no application to the executing Court complaining of the resistance. However, the petitioners who are t..Category: Civil Law | Date: | Hits: 89
....regarding qualification for appointment of professor in a way different from the interpretation given by the Selection Board and alleging that the appointment of the petitioner as a Professor without fresh advertisement was in violation of the Rule and demanded cancellation of the appointment of the......dle of 1986 the petitioner wanted to apply for Readership in a University of Nigeria through respondent No.1, BUET keeping his lien in his post in the BUET; but the respondents refused to forward the application to that foreign University (see Annexure C dated 19.10.86). In July, 1988 respondent No...
Category: Employment/Service Law | Date: | Hits: 155
Bangladesh and another Vs. Md. Abdul Karim, 2011, 40 CLC (AD)
....e Administrative Appellate Tribunal, Dhaka. Ed. This Case is also Reported in: 63 DLR (AD) (2011) 143, 31 BLD (AD) (2011) 117, 8 LG (AD) (2011) 159, 16 MLR (AD) (2010) 361, VIII ADC (2011) 589. ......the Administrative Appellate Tribunal, Dhaka. The appeal was dismissed for default on 19-1-2001 as none appeared for the appellants when the same was called on for hearing. The petitioners filed an application before the Administrative Appellate Tribunal, Dhaka for restoration of the appeal after ..Category: Administrative Law | Date: | Hits: 181
Mohiuddin Ahmed and others Vs. Lutfur Rahman and another, 1990, 19 CLC (HCD)
.... relating to Bangladesh Shilpa Bank, ICB, Pubali Bank, Ltd. which also included Mr. Mohiuddin Ahmed's personal security which was offered and given in the interest of the company. In the event of any fresh undertaking if needed to cover the liabilities of Mr. Mohiuddin Ahmed, Mr. Lutfur Rahman (resp......dvocates- For the Petitioners. Syed Ishtiaq Ahmed with Chowdhury Kamaluddin Hossain, Advocates ‑For the Respondents. Company Matter No. 10 of 1987. Judgment Mozammel Hoque J.-This is an application under section 38 of the Companies Act, 1913 for rectification of the share register of t..Category: Company Law | Date: | Hits: 159
Syed Mokbul Hossain Vs. Government of Bangladesh, 1990, 19 CLC (HCD)
....t should not be lightly interfered with. In the facts and circumstances of the case, there will, however, be no order as to costs. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 39. ...... in the black list, so that he might not be able to obtain any passport. Accordingly, all Embassies of Bangladesh, abroad, were informed. But the petitioner concealing his previous passport, filed an application on 3.6.88 for a new passport. He signed the application form for the new passport crossi..Category: Constitutional Law | Date: | Hits: 288
Salahuddin Khan and others and others Vs. Md. Abdul Hai Bahar and others, 2011, 40 CLC (AD)
.... The trial Court is further directed to dispose of the suit as expeditiously as possible. Ed. This Case is also Reported in: 63 DLR (AD) (2011) 138, 31 BLD (AD)(2011) 185, VIII ADC (2011) 869. ......- This appeal by way of leave has arisen out of judgment and order dated the 16th day of May, 2007 passed by a Division Bench of the High Court Division in Civil Revision No.591 of 2006 rejecting the application for amendment of the plaint and making the Rule absolute. 2. The short fact necessary..Category: Civil Law | Date: | Hits: 86
Farid Ahmed and others Vs. State and another, 1990, 19 CLC (HCD)
....sions Judge under section 436 CrPC. 5. In view of the decision in the case of Abdus Salam Master Vs. The State reported in 36 DLR (AD) 58 the learned Advocate doe s not press the other ground that fresh complaint after the dismissal of earlier complaint is not maintainable. The petition merits......d persons directed further inquiry with direction to the Magistrate to summon and examine such witnesses as appeared necessary. In that view of the matter the principle enunciated in that case has no application in the present case. Under section 436 of the Code of Criminal Procedure the jurisdictio..Category: Criminal Law | Date: | Hits: 78
Nurul Islam & others Vs. Noor Mohammad, 1991, 20 CLC (HCD)
....der as to costs. The Court below is directed to dispose of the suits in accordance with law in the light of the observation made above. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 29.......s are same, the properties described in two suits are identical and points involved for determination in these suits are also materially the same. During pendency of the suits the petitioner filed an application for analogous hearing of the suit. The learned Subordinate Judge by an order dated 17.6...Category: Procedural Law | Date: | Hits: 51
Hazerannessa Vs. Nasiruddin Mahmood and others, 1991, 20 CLC (HCD)
....earned Subordinate Judge, 2nd Court, Dhaka. By the impugned judgment and decree the learned Subordinate Judge allowed the appeal and set aside the ex parte decree and sent back the case on remand for fresh trial to the trial Court. The plaintiff obtained this Rule against the aforesaid judgment and ......tun and Mahmudul Hoque by kabala dated 26.6.74 through borgadar. After several adjournments the suit was ultimately fixed for peremptory hearing on 6.11.1980. On that date the defendant No.1 filed an application for adjournment of the hearing of the suit on the ground that lie was engaged in his off..Category: Procedural Law | Date: | Hits: 79
Bangladesh Mukti Judda Kallyan Trust Vs. Nurul Hossain and others, 1990, 19 CLC (HCD)
....ompliance to the Court of Subordinate Judge concerned within 16 days of the receipt of this order. Communicate this order at once. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 22. ......eady and willing to execute and register the deed in favour of the plaintiff. 6. From an examination of the order sheet of the suit it appears that after filing of the suit, the plaintiff moved an application under Order 39, rule 1 of the Code of Civil Procedure for injunction and in that petitio..Category: Property Law | Date: | Hits: 389
Abdul Jabbar Vs. State and Pradip Kumar Biswas, 1991, 20 CLC (HCD)
....opy of this order to Mr. Shafiqul Islam, Chief Metropolitan Magistrate, and Khulna immediately for his future guidance and instructions. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 21.......d Alam, Advocate ‑ For the Petitioner. Not represented- the Opposite party. Contempt Petition No.1 of 1991 in Criminal Revisional No.972 of 1990. Judgment Anwarul Haque Chowdhury J.-The application for drawing up a contempt proceeding against Mr. Shafiqul Islam, the Chief Metropoli..Category: Criminal Law | Date: | Hits: 84
Fazle (Md) Rabbi and others Vs. Election Commissioner, 1991, 20 CLC (HCD)
....provision of the previous clause (3) of Article 65 of the Constitution on the ground of expiry of the period of 15 years from the date of commencement (i.e. 16th December, 1972) of the Constitution a fresh similar sub‑article (3) was substituted by the Constitution (10th Amendment) Act, 1990 (publ......n J.- The petitioners Md. Fazle Rabbi (MP from NA‑33, Gaibandha‑5), Manirul Haque Chowdhury (MP from NA -265, Comilla‑9) and Kazi Md. Anwar Hossain (MP from NA-286, Brahmanbaria‑5) moved this application on 31.3.91 praying for the issuance of a Rule Nisi calling upon respondent No.1 the Chie..Category: Constitutional Law | Date: | Hits: 164
Anisul Islam Mahmood and others Vs. Government of Bangladesh, 1991, 20 CLC (HCD)
....hese two rules are made absolute without any order as to costs (the consequence of which is that the said two proceedings are quashed). Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 1. ......ppellate Division after quoting the decision in the case of Shafiqur Rahman Vs. Certificate Officer, 29 DLR (SC) 232 observed: "In principle, where an alternative statutory remedy is available, an application under Article 102 may not be entertained to circumvent a statutory procedure. There are,..Category: Criminal Law | Date: | Hits: 88
Mustafizur Rahman @ Mustak Vs. State, 2011, 40 CLC (HCD)
....t liberty at once if not wanted in connection with any other case. Communicate the judgment to the court below at once. Md. Ashraful Kamal J. - I agree. Ed. This Case is also Reported in: ......icted and sentenced the accused petitioner as stated above. 8. Being aggrieved there against since the petitioner could not prefer any appeal within time, he obtained the instant rule on filing an application under section 561-A of the Code of Criminal Procedure. 9. The learned advocate appear..Category: Criminal Law | Date: | Hits: 68
Md. Mahmudur Rahman alias Rasel and others Vs. State, 2011, 40 CLC (HCD)
....e and reduced to their sentence to the period undergone. Send down the L.C. R. along with the judgment to the courts below. Md. Ashraful Kamal J.- I agree. This Case is also Reported in: ......rs along with others and sentenced them as stated above. 8. Being aggrieved there against since the petitioners could not prefer any appeal within time, they obtained the instant rule on filing an application under section 561A of the Code of Criminal Procedure. 9. We have heard both the sides..Category: Criminal Law | Date: | Hits: 71
Md. Rahim Biswas Vs. State, 2011, 40 CLC (HCD)
..../- in default to suffer imprisonment for one month more. Send down the L.C. R. along with the judgment to the courts below. Md. Ashraful Kamal J.- I agree. This Case is also Reported in: ...... petitioner and sentenced them as stated above in absentia. 5. Being aggrieved there against since the petitioner could not prefer any appeal within time, he obtained the instant rule on filing an application under section 561A of the Code of Criminal Procedure. 6. We have heard both the sides..Category: Criminal Law | Date: | Hits: 67
Md. Ismail and others Vs. State, 2011, 40 CLC (HCD)
....rgone with fine as stated above. Send down the L.C. R. along with the judgment to the courts below. Md. Ashraful Kamal J.- I agree. Ed. This Case is also Reported in: ......nvicted the petitioners and sentenced them as stated above. Being aggrieved there against since the petitioners could not prefer any appeal within time, they obtained the instant rule on filing an application under section 561A of the Code of Criminal Procedure. 7. We have heard both the sides..Category: Criminal Law | Date: | Hits: 77
Md. Sharifullah Vs. State, 2011, 40 CLC (HCD)
.... him be discharged from the bail bond. Send down the lower Court records with a copy of this judgment immediately. Gobinda Chardra Tagore J. - I agree. Ed. This Case is also Reported in: ......d Nahar as Ext. 2/2 and 2/3. He further stated that he saw marks of scratch injury and marks of rod blow on the body of the deceased. Since the investigation was not going in a proper way he filed an application before the Inspector General of Police (I.G.P.) raising his objection. This application ..Category: Criminal Law | Date: | Hits: 73
Kalim Mollah @ Siddique and others Vs. State, 2011, 40 CLC (HCD)
....ty to cancel the bail, if the accused petitioners misuse in any way the privilege of bail. Communicate the order at once. AKM Zahirul Hoque J.- I agree. Ed. This Case is also Reported in: ......le but considering the improvement of the case found it difficult to oppose the prayer for bail. 6. Heard the learned advocate of both the sides and perused the FIR, other documents annexed to the application for bail and the impugned order together with the supplementary affidavits. 7. Consid..Category: Criminal Law | Date: | Hits: 80
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