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Bangladesh Vs. Md. Aslam and others, 1989, 18 CLC (HCD)
....For the Opposite Parties. Civil Revision No. 194 of 1982 Judgment Qazi Shafiuddin J.- This Rule was issued calling upon the opposite party Nos.1‑9 to show cause why the judgment and decree dated 28.2.1981 and 6.3.1981 respectively passed by the learned Additional District Judge, 2nd Court......n decided by any Court subordinate to the High Court Division and in which no appeal lies thereto, and if such subordinate Court appears to have committed an error of law resulting in an error in the decision occasioning failure of justice, the High Court may make such order in the case as it thinks..Category: Property Law | Date: | Hits: 96
Nikhil Kumar Sarker Vs. Bangladesh, 1991, 20 CLC (HCD)
.... Smrity Girl's High School under Article 102 of the Constitution of the People's Republic of Bangladesh with a prayer to issue Rule Nisi calling upon the respondents to show cause as to why the order dated 18.8.90 (Annexure‑H) passed by the respondent No.3, Assistant Secretary, Ministry of Educati......mbargo on appointment of teachers in school after 28.10.84. The other 9 teachers who had joined the school before the declaration made on 28.10.84 were absorbed as teachers after nationalisation. The decision to absorb only those teachers of the school who were appointed before the said date of decl..Category: Employment/Service Law | Date: | Hits: 82
Haroon and another Vs. Mst. Sufia Khatun and another, 1990, 19 CLC (HCD)
.... contention is overruled. For all these reasons I find no substance in this case. The Rule is, accordingly, discharged with costs. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 63.......vacated the order for local inspection and dismissed the application of the petitioners under rule 99. Against the said order the petitioners have obtained the present rule. They now contend that the decision is wrong. 4. The determination of the question depends upon the construction of Order 21..Category: Civil Law | Date: | Hits: 89
....) represented by its Vice‑Chancellor, and the respondent No.2, the Vice‑Chancellor of the said University to show cause why the impugned order contained in Memo No.Sangstha/Computer/S‑1/Re‑43 dated 7.7.91 (Annexure A) issued by the Registrar of the said University under the order of the resp......7.5.89 before the meeting of the Selection Board which was presided over by the then Vice‑Chancellor (ex‑officio Chairman of the Selection Board) and in which meeting dated 27.5.99 the, following decision (Annexure‑4) was taken:
“কম্পিউটার সায়েন্স এবং..
Category: Employment/Service Law | Date: | Hits: 155
State Vs. Amin Huda, 2011, 40 CLC (AD)
....Record-For the Appellant (In both Appeals). Anisul Haque, Senior Advocate instructed by Sufia Khatun, Advocate-on-Record—For the Respondent (In both Appeals). (From the judgment and order dated the 28th day of the August, 2008 passed by the High Court Division in Criminal Miscellaneous C......fore the Druta Bichar Tribunal within 6(six) weeks from the date of receipt of this judgment. Ed. This Case is also Reported in: 63 DLR (AD) (2011) 152,8 LG (AD) (2011) 164, VIII ADC (2011) 890. ..Category: Criminal Law | Date: | Hits: 112
Bangladesh and another Vs. Md. Abdul Karim, 2011, 40 CLC (AD)
.... Sheik Mohammad Morshed, Advocate instructed by Syed Mahbubar Rahman, Advocate-on-Record—For the Respondent. Civil Petition for Leave to Appeal No. 43 of 2010. (From the judgment and order dated the 7th day of June, 2009 passed by the Administrative Appellate Tribunal in Miscellaneous Cas......sion. 7. Section 5 of the Act has dealt with the provisions of establishment of the Administrative Appellate Tribunal. The provision for filing appeal by an aggrieved person against the order or decision passed by the Administrative Tribunal has been provided for in section 6 of the Act, but ..Category: Administrative Law | Date: | Hits: 181
Mohiuddin Ahmed and others Vs. Lutfur Rahman and another, 1990, 19 CLC (HCD)
....00.00. It is further stated that while the share position of the petitioners was as stated above a dispute arose between the petitioners and respondent No.1 and the matter was settled by an agreement dated 8.3.1985. The above agreement dated 8.3.1985 is annexed as Annexure "A". The salient features ......159, their Lordships held as follows: "We have set out the relevant provisions of law and the cases at length as not only this case was argued at some length, but also because we have not got many decisions of Pakistani Courts on this point though there is a large number of decisions of other cou..Category: Company Law | Date: | Hits: 159
Syed Mokbul Hossain Vs. Government of Bangladesh, 1990, 19 CLC (HCD)
....calling in question the action taken on 16.10.88 seizing his Passport No. 827638, at Zia International Airport vide the receipt, contained in Annexure‑B to the petition and the issuance of the memo dated 18.10.88, cancelling the said passport, contained in Annexure‑C to the petition and the circ......the learned Chief Justice was that no passport can be impounded for unlimited period and that if any such action is taken that will be violative of the fundamental right of the citizen. Referring the decisions from English and American jurisdiction it was further held that the liberty being a vital ..Category: Constitutional Law | Date: | Hits: 288
Mohammad Mofizuddin Vs. Mohammad Firoj Alam and another, 1991, 20 CLC (HCD)
....the said Examination Centre Committee as defendant Nos. 3 and 4 for a declaration that the order of the Board of Intermediate and Secondary Education, Jessore as published in the Notification No.2545 dated 8.12.1981 was void, illegal, inoperative and not binding upon the plaintiff and for a mandator......the plaintiff was innocent, that accordingly it was decided that the answer script should be forwarded to the Controller of Examinations with a request to award marks thereon as usual, that a further decision was also taken to allow the plaintiff to appear at the rest of the examination and the plai..Category: Civil Law | Date: | Hits: 84
Salahuddin Khan and others and others Vs. Md. Abdul Hai Bahar and others, 2011, 40 CLC (AD)
....dique, Advocate instructed by Md. Nawab Ali, Advocate-on-Record-For the Respondent No.1. Not represented- the Respondent Nos. 2-20. Civil Appeal No. 149 of 2008. (From The Judgment and Order dated 16-5-2007 passed by the High Court Division in Civil Revision No.149 of 2008). Judgment ......re-holders of plaintiff No.1 company and the suit being at the stage of peremptory hearing and an issue as to the maintainability of the suit having already been framed it would not be proper to give decision only on the ground of its maintainability. The learned Joint District Judge further observe..Category: Civil Law | Date: | Hits: 86
Amin Mia (Md.) Vs. Nazir Ahmed and another, 2008, 37 CLC (AD)
....ate, instructed by Md. Nawab Ali, Advocate-on-record-For the Petitioner. Not represented- the Respondents. Criminal Petition for Leave to Appeal No.142 of 2007. (From the judgment and order dated 7th March 2007 passed by the High Court Division in Criminal Revision No.351 of 2006) Judgm......nd all reasonable doubt. We have also considered the materials on record and we are of the view that the High Court Division upon correct assessment of the materials on record arrived at a correct decision. The petition is dismissed. Ed. This Case is also Reported in: 63 DLR (AD) (2011)..Category: Criminal Law | Date: | Hits: 89
Sadharan Bima Corporation Vs. Philoship Co. S A, 1990, 19 CLC (HCD)
....injured vessel lodged an FIR with the Double Mooring Police Station, Chittagong, which was registered as a case on 4.9.80. The owner of the injured vessel is Proforma Defendant No.4 who by its letter dated 4.9.80 intimated the defendant No.3, the local agent of the defendant Nos.1 and 2, about the a......ples relating to settlement of collision at sea have been enumerated. Mr. Hafizullah has referred to relevant portion at page 32 of this book which is as follows: "The Court of Appeal affirmed the decision of Bucknill J. Greer LJ stated five rules : "I think the law arising out of what is usu..Category: Admiralty Law or Maritime Law | Date: | Hits: 177
Farid Ahmed and others Vs. State and another, 1990, 19 CLC (HCD)
...., Advocate‑For the Petitioners. Not represented ‑ the Opposite Party. Criminal Revision No.19 of 1990 Judgment Kazi Ebadul Hoque J.- The accused‑petitioners had challenged the order dated 19.6.90 passed by the Additional Sessions Judge, Cox's Bazar in Criminal Revision No.102 of 19......ing further inquiry in the case thereby obstructing the hands of the learned Magistrate in the exercise of his jurisdiction. In support of his contention the learned Advocate referred to a full Bench decision in the case of Emperor Vs. Maunga Ba Thon, reported in 32 CrLJ 950 (of the Rangoon High Cou..Category: Criminal Law | Date: | Hits: 78
Nurul Islam & others Vs. Noor Mohammad, 1991, 20 CLC (HCD)
....etermination 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 17.6.84 rejected the petition for analogous hearing. 2. Mr. Abdus Salam Khan, the learned A......uiyan and Company Ltd. Vs. Janata Bank, 40 DLR 56, a Division Bench of this Division, to which I was a party, expressed somewhat similar view relying on section 151 CPC. In the light of the aforesaid decision I am also of the opinion that in this case both the suits should be heard by the same Court..Category: Procedural Law | Date: | Hits: 51
Hazerannessa Vs. Nasiruddin Mahmood and others, 1991, 20 CLC (HCD)
....en statement denying the material allegations made in the plaint contending that he was in possession of the disputed land on the basis of purchase from one Ayesha Khatun and Mahmudul Hoque by kabala dated 26.6.74 through borgadar. After several adjournments the suit was ultimately fixed for perempt...... of the learned Subordinate Judge. 4. No one appears in opposition to this Rule. 5. Mr. Awlad Ali, the learned Advocate submits that the Court of appeal below committed an error in law in its decision in holding that the suit was heard on merit and the learned trial Court did not properly di..Category: Procedural Law | Date: | Hits: 79
Bangladesh Mukti Judda Kallyan Trust Vs. Nurul Hossain and others, 1990, 19 CLC (HCD)
.....2. Appeal from Original Order No. 348 of 1990. Judgment Anwarul Hoque Chowdhury J.- This appeal filed by the Bangladesh Mukti Judda Kallayan Trust is directed against the judgment and order dated 19.8.90 passed by the Subordinate Judge, Narayanganj in Title Suit No.12 in Title Suit No.12 o......, eviction of unauthorised occupant or section 9 compensation for unauthorised occupation, may prefer an appeal to the Commissioner of the Division within 30 days of the service of the notice and the decision of the Commissioner on such appeal shall be final and no Court shall pass an order in any p..Category: Property Law | Date: | Hits: 389
Abdul Jabbar Vs. State and Pradip Kumar Biswas, 1991, 20 CLC (HCD)
.... to why the proceeding should not be quashed. This Court also stayed all further proceeding of that case pending in the Court of Chief Metropolitan Magistrate till disposal of the Rule vide order dated 14.11.90. The petitioner obtained this rule from this Court and filed an application before ......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...Category: Criminal Law | Date: | Hits: 84
Fazle (Md) Rabbi and others Vs. Election Commissioner, 1991, 20 CLC (HCD)
....ation on 31.3.91 praying for the issuance of a Rule Nisi calling upon respondent No.1 the Chief Election Commissioner to show cause why the impugned Gazette Notification No.5(122)/91 ‑Election 1/NA dated 10.3.91 (Annexure‑A) issued by the respondent shall not be declared to have been made withou...... the construction of all statutes is to construe them according to the plain, literal, and grammatical meaning of the words (see page 83 of "Craies on Statute Law", 7th Edition (1971, London). In the decision in the case of Grey Vs. Pearson, (1857) 6 HLC 61,106 Lord Wensleydale observed. ‘‘In..Category: Constitutional Law | Date: | Hits: 164
Anisul Islam Mahmood and others Vs. Government of Bangladesh, 1991, 20 CLC (HCD)
....unal Case No.121 of 1991 arising out of Lalbagh PS Case No.17(2)91 under section 7(h) of the Special Powers Act read with the Ministry of Home Affair's Gazette Notification No.500: Saw: Ma (Nira‑3) dated 23.1.91 (Annexure‑A) pending before the Special Tribunal No.3, Dhaka should not be declared ......with imprisonment for a term which may extend to one year or with fine, or with both". 17. Mr. Rokonuddin Mahmood, the learned Advocate for the petitioner in Writ Petition No.767 of 1991 cited the decision in the case of Union of India and others Vs. Haji Mastan Mirza, reported in AIR 1984 (SC) 6..Category: Criminal Law | Date: | Hits: 88
Md. Rahim Biswas Vs. State, 2011, 40 CLC (HCD)
.... opposite party. Criminal Miscellaneous Case No. 8145 of 2008. Judgment AKM Asaduzzaman J.-This rule was issued calling upon the opposite party to show cause as to why the judgment and order dated 26.6.1997 passed by the learned Special Tribunal No.3 and Additional Sessions Judge, Court No......./- 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: ..Category: Criminal Law | Date: | Hits: 67
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