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.... order of stay granted earlier by this Court stands vacated.
Office is directed to send down the record of the case at once.
Ed.
This Case is also Reported in: 7 LG (HCD) (2010) 73.
......
Nani Gopal Sen being dead his heirs: Ashesh Kumer and others.......................Opposite parties
Judgment
July 5, 2009.
Result:
The Rule is made absolute.
Case Referred to-
Shamsuddin Ahamed Vs. Mohad. Hassan and others, 31 DLR (AD), 155.
Lawyers Involved:
......h Subro Chakrabarty, Advocate - For the Opposite parties.
Civil Revision No.1730 of 1998.
Judgment
Syed Md. Ziaul Karim J.—This Rule at the instance of defendant petitioner calls in question the legality and propriety of judgment and decree dated 18-03-1998 passed by learn...... order of stay granted earlier by this Court stands vacated.
Office is directed to send down the record of the case at once.
Ed.
This Case is also Reported in: 7 LG (HCD) (2010) 73.
..
Category: Tenancy Law | Date: 5 Jul, 2009 | Hits: 154
Most. Abu Tara Vs. Md. Abdur Rahim Khan and others, 2009, 38 CLC (HCD)
....nce came to his finding that the signature of the defendant No.1 Abu Tara put in the Bainanama and the specimen signature put by her in front of the Court was identical. The learned Court was fully empowered to compare and tally the signature and hand writing of person if disputed under Section 73 o...... The rule is discharged. The finding of facts whether concurrent or not arrived at by the lower appellate Court is final unless it is manifestly perverse.............(12) Cases Referred to- Mustari Bibi and others Vs. Md. Yusuf and others, 12 BLC (AD) 42; Ishaque (Md.) Vs. Ekramul......titioner. S.R.M. Lutfar Rahman Akond, Advocates - For the Opposite Party No.1. Civil Revision No.284 of 2005. Judgment Syed Abu Kowser Md. Dabirush Shan J.- This rule was issued calling upon the opposite party No.1 to show cause as to why the Judgment and decree dated 30.10.200...... rule is discharged without any order as to costs. Lower Courts records be sent down at once with a copy of the Judgment. Ed. This Case is also Reported in: 17 MLR (HCD) (2012) 449. ..Category: Evidence Law | Date: 25 Jun, 2009 | Hits: 42
Sree Pintoo Pal Vs. State, 2009, 38 CLC (HCD)
....orthwith if not wanted in connection with any other case. 46. Send down the L.C.R with a copy of the Judgment at once. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 220. ...... is also Reported in: 30 BLD (HCD) (2010) 220. ......used appellant on the basis of the most cogent and reliable evidence and that his Judgment does not suffer from any misreading and non-reading of evidence and as such the impugned Judgment does not call for any interference by the Court. 14. The only point for determination in the appeal is......orthwith if not wanted in connection with any other case. 46. Send down the L.C.R with a copy of the Judgment at once. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 220. ..Category: Women and Children | Date: 22 Jun, 2009 | Hits: 9
Bangladesh Power Development Board & others Vs. Abu Bakar Siddique & anothers, 2009, 38 CLC (AD)
....ployees) Service Rules, 1982, the aforesaid position of the service of the reluctant officers was being governed by substitute notification dated 18-2-1982 being No. SRO 74-L/82 issued in exercise of power conferred by the Bangladesh Water and Power Development Board's Order, 1972 (PO No. 59 of 1972......972, 2973 and 2989 of 2001 making the Rule absolute. 2. The facts involved in the cases, in short, are that the respondents in the writ petitions made a prayers for direction upon the appellants to allow the benefit of one step out of turn promotion in accordance with the circular dated 11-8-19......e of Chief Engineers, Additional Chief Engineers and Superintending Engineers and Directors. Additional Directors and post with equivalent time-scales of pay and such other posts as may be specifically notified as such, by the Board, from time to time shall be treated as selection posts and shal......11-8-1966 in few cases, considered some Sub-Assistant Engineers who passed AMIE/ BSc with prior permission of the Authority. But when adequate qualified BSc Engineers were available, the Board in the meeting held on 14-12-1992 stopped such type of employment altogether. Moreover, the petitioner did ..Category: Employment/Service Law | Date: 3 Jun, 2009 | Hits: 256
Bangladesh Power Development Board & others Vs. Abu Bakar Siddique & anothers, 2009, 38 CLC (HCD)
....ployees) Service Rules, 1982, the aforesaid position of the service of the reluctant officers was being governed by substitute notification dated 18-2-1982 being No. SRO 74-L/82 issued in exercise of power conferred by the Bangladesh Water and Power Development Board's Order, 1972 (PO No. 59 of 1972......972, 2973 and 2989 of 2001 making the Rule absolute. 2. The facts involved in the cases, in short, are that the respondents in the writ petitions made a prayers for direction upon the appellants to allow the benefit of one step out of turn promotion in accordance with the circular dated 11-8-19......e of Chief Engineers, Additional Chief Engineers and Superintending Engineers and Directors. Additional Directors and post with equivalent time-scales of pay and such other posts as may be specifically notified as such, by the Board, from time to time shall be treated as selection posts and shal......11-8-1966 in few cases, considered some Sub-Assistant Engineers who passed AMIE/ BSc with prior permission of the Authority. But when adequate qualified BSc Engineers were available, the Board in the meeting held on 14-12-1992 stopped such type of employment altogether. Moreover, the petitioner did ..Category: Employment/Service Law | Date: 3 Jun, 2009 | Hits: 3
Emran Ahmed & 20 anothers Vs. Bangladesh and others, 2009, 38 CLC (HCD)
.... ample discretion in terminating the services of an employee as it desires without assigning any reason by giving him a mere three prior months notice or the salary for the said period. However, such power shall only be used sparingly and with fairness. Every employee entering into service has a leg......ut assigning any reason by giving him a mere three prior months notice or the salary for the said period. However, such power shall only be used sparingly and with fairness. Every employee entering into service has a legitimate expectation to continue in the service till achieving the age of super......fairness……..…(42) Even if the administrative authority has the right to exercise its power of termination of service of its employee, such power must not be exercised arbitrarily and whimsically but must be exercised fairly and reasonably. What is reasonable is a question of fact and must......iority, back wages and other privileges within 30 days of receipt of a copy of this Judgment. There will be no order as to costs. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 213. ..Category: Employment/Service Law | Date: 2 Jun, 2009 | Hits: 35
Ehtesamur Rahman Vs. The State & Others, 2009, 38 CLC (HCD)
....Purana Paltan until any order is passed by the Assistant Judge 4th court Dhaka in Title Suit No.92 of 1999. 3. The petitioner filed a written statement claiming ownership of the property through power of Attorney dated 25.04.1987 from his wife Israt Jahan who became the owner of the said proper...... 19, 2009. Result: The Rule is discharged. It is the general rules of procedure that every case whether Civil or Criminal shall be instituted in the Court of the lowest grade competent to try it. The rule of procedure has got imperative force to comply with it which cannot be ove......a Bappy, Assistant Attorney-General-For the State. Criminal Revision No.1033 of 2006. Judgment A.T.M. Fazle Kabir J.-This Rule was issued at the instance of petitioner Ehtesamur Rahman calling upon the opposite parties to show cause as to why the impugned judgment and order dated 27.0......formation and necessary action. Ed. This Case is also Reported in: 29 BLD (HCD) (2009) 399. ..Category: Procedural Law | Date: 19 May, 2009 | Hits: 1
Bangladesh National Women Lawyers Association (BNWLA) Vs. Bangladesh and Others, 2009, 38 CLC (HCD)
....2. The facts leading to the issuance of the Rule, in brief, are: Bangladesh National Women Lawyers Association (BNWLA) was formed in 1979 by a group of women lawyers with an aim and objective to empower the women and children of their rights. 3. At present there are no legislative provisions ......i J Bangladesh National Women Lawyers Association (BNWLA)...... the petitioner Vs. Government of Bangladesh and Others...... the respondents Judgment May 14, 2009. Cases Referred to- H.M. Ershad v. Bangladesh, 2001 BLD (AD) 69; Apparel Export Promotion Council v. Chopra, AIR ...... Writ Petition No. 5916 of 2008. Judgment Syed Mahmud Hossain J.- In this application under Article 102 of the Constitution of the People’s Republic of Bangladesh, a Rule Nisi was issued calling upon the respondents to show cause as to why the respondents failed to adopt guidelines, or ......ung, outspoken and has an excellent academic background. In traditional Bangladesh society some one like her is not usually looked upon kindly. In 1998, she committed the ‘mistake’ by attending a meeting that was arranged to discuss the matter of the male faculty member who was facing an allegat..Category: Women and Children | Date: 14 May, 2009 | Hits: 330
Md. Alauddin Bepari Vs. Somola Khatoon & others, 2009, 38 CLC (HCD)
.... filing the suit for specific performance of the contract". 11. Mr. Mahmudul Islam, the learned Advocate for the petitioner submits that the aforesaid new Section 21A of the Act confers an express power couched in a negative form and negative words are clearly prohibitory and are ordinarily used ...... Court High Court Division (Civil Appellate Jurisdiction) Present: Afzal Hossain Ahmed J Md. Abdus Samad J Md. Alauddin Bepari…………………….Appellant Vs. Somola Khatoon & others……………………opposite parties Judgment April 21, 2009. Result: ......ankar Chakravorty, Advocate - For opposite parties. Civil Revision No.1745 of 2006. Judgment Afzal Hossain Ahmed J.- This Rule, at the instance of the defendant-petitioner, was issued calling upon the opposite party No.1 to show cause as to why the order dated 26.4.2006 passed by the......ting the application under Order 7 Rule 11 of the Code of Civil Procedure is hereby set aside and the plaint of the suit is rejected. Ed. This Case is also Reported in: 14 MLR (HCD) (2009) 251. ..Category: Civil Law | Date: 21 Apr, 2009 | Hits: 91
Jaharlal Bandapadhya and others vs. Most. Begum Jahanara, 2009, 38 CLC (AD)
....on by both the defendants and therefore their sons the present appellants are bound by such admission being agents of the original defendants claiming through them. 18. It further appears that the power of attorney filed by Abdur Razzak Howlader was not authenticated as required under Section 18 ......st. Begum Jahanara as the plaintiff filed the above mentioned Title Suit against the appellant for Specific Performance of Contract, contending, inter alia, that the suit property originally belonged to Nishi Kanta Bandapadhya, the predecessor and father of the defendant Nos.1 and 2 Shayama Kanta ......ourt Division. In such view of the matter we find not substance in this appeal. The appeal is dismissed without any order as to cost. Ed. This Case is also Reported in: VII ADC (2010) 155. ......ourt Division. In such view of the matter we find not substance in this appeal. The appeal is dismissed without any order as to cost. Ed. This Case is also Reported in: VII ADC (2010) 155. ..Category: Property Law | Date: 13 Apr, 2009 | Hits: 74
Mohammad Mosharraf Hossain Vs. Golam Mohamad and another, 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: 19 BLT (AD) (2011) 239. ......cate, instructed by Nurul Islam Bhiyan, Advocate-on-Record- For the Petitioner. Md. Nawab Ali, Advocate-on-Record-Respondent No.1 Not represented-Respondent No.1. Criminal Petition for Leave to Appeal No.475 of 2008. Judgment Md. Tafazzul Islam J. - This petition for leave to appeal i......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 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: 19......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: 19 BLT (AD) (2011) 239. ..Category: Banking Law | Date: 26 Feb, 2009 | Hits: 150
Fahima Nasrin Vs. Government of Bangladesh and others, 2009, 38 CLC (HCD)
....physical damage and avoiding their stigmatisation and the situation where they become hardened criminals. 17. With regard to the provision of section 67 of the Act, Mr. Mahmood submitted that the power to discharge from a certified institute or approved home would only apply if the offender was ...... Vs. Metropolitan Police Commissioner, 60 DLR 660; State Vs. Md. Roushan Mondal @ Hashem, 59 DLR 72. Lawyers Involved: Ms. Fahima Nasrin, Advocate-In person. Md. Abdus Samad Kamal, Deputy Attorney General, with Ms. Nowazish Ara Begum, Assistant Attorney General-For the respondents. Mah......on was filed by a learned member of the Supreme Court Bar under Article 102(2)(a)(i) of the Constitution in the form of a public interest litigation. Upon hearing the petitioner, Rule Nisi was issued calling upon the respondents No.1-8 to show cause as to why the detenu shall not be released and dis......the Judiciary. Let the lower Court records be transmitted at once along with a copy of this judgment. Sheikh Abdul Awal J. - I agree. This Case is also Reported in: 61 DLR (HCD) (2009) 232. ..Category: Women and Children | Date: 11 Feb, 2009 | Hits: 189
Sontosh Kumar Shaha Vs. Government of Bangladesh and others, 2009, 38 CLC (HCD)
....e 3 (d) of the High Court Division Rules. 13. Article 116 of the Bangladesh Constitution runs as follows; Constitution of Bangladesh: "Article-116: The control (including the power of posting, promotion and grant of leave) and discipline of persons employed in the judicial s...... ....... Judgment A.F.M. Abdur Rahman J.-This Rule Nisi, issued on 23.05.2004, at the instance of the writ petitioner Sontosh Kumar Saha, a Senior Assistant Judge of the Subordinate Judiciary, has called upon the respondents to show cause as to why the petitioner should not be posted as Joint Dis...... praying for approval of such proposal from the Supreme Court. Annexure-N(4) manifest that the said two letters as aforesaid, were considered by the General Administration Committee, in its meeting on 23.5.2002, where the members of the General Administration Committee refused to reco..Category: Administrative Law, Constitutional Law | Date: 5 Feb, 2009 | Hits: 2
Abdul Latif Howlader and others Government of Bangladesh and others, 2009, 38 CLC (HCD)
.... 4. Mr. Murshid further refers to the decision of the minutes of the ECNEC meeting held on 31.12.2007 which quite clearly records the decision that steps must be taken to transfer the manpower of the completed project into the revenue budget expeditiously observing the existing rul......rs…………………………Respondents Judgment January 21, 2009. Result: The Rule is made absolute. Case Referred to- Government of Bangladesh and others Vs. Jahangir Alam and others, 12 BLC (AD) 163. Law......- For the Respondents. Writ Petition No. 6816 of 2007. Judgment Md. Imman Ali J.-This Rule Nisi was issued upon an application filed under Article 102(2)(a)(i)(ii) of the Constitution, calling upon the respondents to show cause as to why the impugned letter under Memo No.পবম/শ......l, arbitrary and capricious to say that there is no scope for transferring the petitioners into the revenue budget. 4. Mr. Murshid further refers to the decision of the minutes of the ECNEC meeting held on 31.12.2007 which quite clearly records the decision that steps must be taken to..Category: Administrative Law, Employment/Service Law | Date: 21 Jan, 2009 | Hits: 1
....pect of possession
until disposal of the aforesaid matter by the learned District Judge.
Send down the record at once.
Ed.
This Case is also Reported in: 61 DLR (HCD) (2009) 141.
......… Petitioner
Vs.
Jahanara Islam Chowdhury and
others………...Opposite Parties
Judgment
December 18, 2008.
Result:
The Rule is made absolute without any order
as to cost.
Case Referred to
Prodip Kumar Chkraborty Vs. Jamila Khatun
Bibi, 51 DLR (AD) 156......suits of Digendra Sarker and Dilip Roy, the appeal of the petitioner on
behalf of the deity was nothing but a device to delay the execution of the
decree, and the impugned order therefore, does not call for any interference.
22. He did not hide his frustration by
expressing that there must b......pect of possession
until disposal of the aforesaid matter by the learned District Judge.
Send down the record at once.
Ed.
This Case is also Reported in: 61 DLR (HCD) (2009) 141.
..
Category: Hindu Law | Date: 18 Dec, 2008 | Hits: 22
Nazimuddin (Md.) Chairman Vs. Government of Bangladesh, 2008, 37 CLC (HCD)
.... and discussions as made above, we do not find any merit in this Rule which is accordingly, discharged without any order as to cost. This Case is also Reported in: 61 DLR (HCD) (2009) 81. ......w……………………………Respondents Judgment December 4, 2008. Result: The Rule is discharged without any order as to cost. The Anti Corruption Commission Act, 2004 (Act No. V of 2004); Section 32 (1) & (2)...... Writ Petition No. 8181 of 2008. Judgment Md Ashfaqul Islam J. - In an application under Article 102(2)(a)(ii) of the Constitution, at the instance of the petitioner this Rule was issued calling upon the respondents to show cause as to why the continuation of the proceedings of the Spec......e argument by holding at paragraph 14 as under: "The next contention of Mr. Ajmalul Hossain is that the sanction in the instant case is coram non judice as it was accorded by the NBR in its meeting presided over by its Chairman who was not a member of the Board and further, that the sancti..Category: Anti-Corruption Laws | Date: 4 Dec, 2008 | Hits: 149
MM Ali Ispahani Vs. MM Ispahani Ltd., 2008, 37 CLC (HCD)
....he United Kingdom. It is stated that only after the Petitioner No.1 returned to Bangladesh from Karachi in September 1991 upon his father’s death on 1.9.1991 did he sense a notable shift in the power structure having already taken place within the Company with the Bangladesh-based MAI-branch o......others………………………..Respondents Judgment December 4, 2008. Result: The Application is disposed of. Cases Referred to- M/s. Howrah Trading Co. Ltd. Vs. Commissioner of Income-Tax, Central Calcutta, AIR 1959 (SC......ares of the Company being effectively controlled by the members of the family of the Respondent No. 2 contrary to the understanding arrived at in London in 1972, thereby, disproportionately and drastically altering and reducing the extent of the shareholding interests of the other two branches of th......ased from its abandoned status in 1974. It is shown that in the second-half of 1972 the Three Patriarchs the Petitioner No. 1 and the Respondent No. 2 Mirza Mehdy Ispahani, son of MAI, assembled at a meeting in London where the Respondent No. 2 is stated to have regretted his failure to correct an o..Category: Company Law | Date: 4 Dec, 2008 | Hits: 505
Habibur Rahman Molla Vs. State, 2008, 37 CLC (HCD)
....e understood to mean a "criminal Court". To have this view, we may safely rely upon the decision of the case of Bangladesh Vs. Iqbal Hasan Mahmood reported in 60 DLR (AD) 147. Moreover, the power conferred under section 561A of the Code cannot be lightly exercised in order to defeat and de......ned Court at once. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 1, 29 BLD (HCD) (2009) 227. ......o. 6 dated 3-10-2007 under sections 26(2)/27(1) of the Anti-Corruption Ain, 2004 read with section 15 Gha (5) of Emergency Power Rules, 2007 pending in the Court of Special Judge, Court No. 10, Dhaka calling upon the opposite parties to show cause as to why the case, referred above, shall not be qua......acated. Let a copy of this judgment and order along with the LCR be sent to the concerned Court at once. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 1, 29 BLD (HCD) (2009) 227. ..Category: Anti-Corruption Laws | Date: 20 Nov, 2008 | Hits: 157
....impugned advertisement.
The learned Deputy Attorney General Mr. Razik Al-Jalil and Mr. Md. Bodruddoza the learned Advocate appearing for respondent No.5 opposed the prayer for stay.
Let the power filed by Mr. Md. Bodruddoza on behalf of the respondent no. 5 be kept with the record.
Th......Act XVI of 1980)
Bangladesh Civil Service Recruitment Rules, 1981
উপরোক্ত আইনের প্রস্তাবনা নিুরূপঃ
“..............to provide for the constitution of a Medical and Dental Council, for regulating registration of medi......০-২০০৬ তারিখে প্রতিবাদীগণ বরাবরে নিন্মলিখিত Rule NISI জারী করেনঃ
“Let a Rule Nisi issue calling upon the Respondents to show cause, why S.R.O. No. 211-Ain/2005/SoMo(Bidhi-5)-31/04 dated 7.......রতিবেদন দাখিল করিবেন।
বিচারপতি মোঃ আবু তারিক.-আমি একমত।
Ed.
This Case is also Reported in:
..
Category: Civil Law, Employment/Service Law | Date: 18 Nov, 2008 | Hits: 3
Abdul Hai (Md.) Vs. Bangladesh and others, 2008, 37 CLC (HCD)
.... Hoque Chowdhury vehemently argues that the provision of section 8 of the Bangladesh Rifles (Special Provisions) Ordinance 1976, being the provision for dismissal simpliciter, the BDR authority was empowered to discharge any of its employee, without assigning any reason which clearly indicates that ......Hoque J Abdul Hai (Md.)……………Petitioner Vs. Bangladesh and others……………Respondents Judgment November 18, 2008. Result: The Rule is disposed of. Case Referred to- Col. Md. Hashmat Ali (Retired) Vs. Government of Bangladesh, 47 DLR (AD) 1; Bangladesh Vs. Md......eral — for the Respondents. Writ Petition No. 4081 of 2003 Judgment AFM Abdur Rahman J. - This Rule Nisi, dated 22-6-2003, issued at the instance of the writ petitioner Md. Abdul Hai, has called upon the respondent Bangladesh Rifles authority to show cause as to why the order dated 1-10-......y his all retirement benefits as he is entitled under the law prevailing up to date. However, there shall be no order as to costs. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 485. ..Category: Employment/Service Law | Date: 18 Nov, 2008 | Hits: 33
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