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Mohiruddin Mondal alias Md. Mohiruddin Mondal and others Vs. State, 2005, 34 CLC (HCD)
.... Siddiqur Rahman Miah J.- This Criminal Revision under section 439 of the Code of Criminal Procedure at the instance of 11 (eleven) accused‑petitioners is directed against the judgment and order dated 28‑3‑2002 passed by the learned Sessions Judge, Sirajgonj in Criminal Appeal No.10 of 2002......nj are not well reasoned which suffer from non-reading and misreading of evidence which are liable to be set aside. 12. Mr. Khurshid Alam Khan, the learned Advocate for the petitioner, cited the decisions in the case of State Vs. Monu Miah and others reported in 54 DLR (AD) 60; in the case of N..Category: Criminal Law | Date: 14 Mar, 2005 | Hits: 4
Ayub Ali Vs.State, 2005, 34 CLC (HCD)
.... 2005 Judgment Khademul Islam Chowdhury J.-This Rule at the instance of the accused petitioner Ayub Ali was issued calling upon the opposite-party to show cause as to why the impugned order dated 1‑1‑2005 passed by Druta Bichar Tribunal No.1, Dhaka in Druta Bichar Tribunal Case No.31 o......against 30 accused persons including the accused petitioner, as such, the evidence of two eye‑witnesses namely, Kamrul Hassan Lyton and Md. Hafizur Rahman Habib are essential for arriving at a just decision. 4. Mr. Md. Khurshid Alam Khan, the learned Advocate appearing for the petitioner, vig..Category: Criminal Law | Date: 12 Mar, 2005 | Hits: 3
Star Jute Mills Ltd. Vs. Chairman Labour Court, Khulna and others, 2005, 34 CLC (AD)
....r petitioners on inquiry. ‘The impugned order of termination under section 19 of the Employment of Labour (Standing Orders) Act, 1965 on 29-3-2000 was obviously due to the outcome of the occurrence dated 15-3-2000’…………………... (9) Judgement of the High Court Division declarin......ts and circumstances of the case, we do not find any substance in the submissions of the learned Counsel for the petitioner. The petitions are dismissed. Ed. This Case is also Reported in: ..Category: Employment/Service Law | Date: 12 Mar, 2005 | Hits: 110
AK Fazlul Hoque Vs. Secretary, Ministry of Housing and Works and others, 2005, 34 CLC (HCD)
....ng the respondents to arrange payment of the pension and gratuity to the extent allowed under Article 2:12 of the Memo No.অম/অবি/বিধি/পেনশন/৩-পি-২৬/৯৪/১৭ dated 1‑6‑1994 issued by Finance Division of the Ministry of Finance, Government of the People&#......ed initially, and to submit affidavit of compliance as to service to this Court within two weeks. Ed. This Case is also Reported in: 57 DLR (2005) 725. ..Category: Employment/Service Law | Date: 8 Mar, 2005 | Hits: 2
Hazi Md Hossain @ Md Aowlad Hossain and others VS. Obaidul Haque & others, 2005, 34 CLC (AD)
....by Chowdhury Md. Zahangir, Advocate-on-Record—For Respondent of 1. Ex-parte—Respondent Nos. 2-249. Civil Appeal No.133 of 2001. (From the Judgment and Order dated August 10, 2000 passed by the High Court Division in Civil Revision No. 446 of 2000). ......rcumstances of that case as well as upon placing the circumstances of that particular case in the scale of equity and justice being not without exception, as such, use of or reliance upon the said decision in arriving at decision in the subsequent case the facts and circumstances whereof at the ..Category: Civil Law | Date: 6 Mar, 2005 | Hits: 308
....ith Civil Revision No.3992
of 1999.
Judgment
Bijan Kumar Das J.- These rules were issued calling upon the opposite party
Nos.1-12 to show cause as to why the impugned judgment and decree dated
30-5-1999 passed by the 8th Court of the Additional District Judge, Dhaka
allowing Title App...... property has rendered the suit as nullity upon misconception
of law. Accordingly by judgment and decree dated 30.5.1999 the learned Additional
District Judge allowed the appeal, reversed the decision of the trial court
and dismissed the plaintiffs suit.
7. Being aggrieved thereby th..
Category: Property Law | Date: 23 Feb, 2005 | Hits: 5
M/s. Shanker Kumar Das Vs. Government of Bangladesh and 6 others, 2005, 34 CLC (HCD)
....le Nisi was issued at the instance of Sankar Kumar Das, calling upon the respondents to show cause as to why the impugned Resolution No.2.4.9 adopted in Annual Development Program (2002-2003) Meeting dated 3.9.2002 i.e. Annexure F-1 and the impugned letter dated 27.1.2003 i.e. Annexure-H so far as i......erial No.26, he has been seriously prejudiced by this Resolution (Annexure-F and F-1). Thereafter the respondent No.3 by his Memo No.Fund-1/02-1057/1(3) Pra:Pra:dated 17.12.2002 (Annexure-G) sought a decision from the Secretary, Ministry of communication, the respondent No.1, as to whether the money..Category: Civil Law | Date: 23 Feb, 2005 | Hits: 31
....dvocate, instructed by Md. Nawab Ali, Advocate-on-Record— For Respondent No. 1.
Not represented—Respondent Nos. 2-3.
Civil Appeal No. 163 of 2003.
(From the judgment and order dated 7th January, 2002 passed by the High Court Division in Matter No. 94 of 2000).
Judgment......llant No.3 was also authorised to operate the bank accounts of the company in the absence of the appellant No.2; besides in the meeting of the Board of Directors of the company held on 9-3-98 similar decision regarding operation of the accounts of the company maintained with the Al-Arafa Bank by the..
Category: Company Law | Date: 22 Feb, 2005 | Hits: 364
Govt. of BD rep. by the Sec., Min. of Establishment Vs. Md. Abu Bakar, 2005, 34 CLC (AD)
....Hossain, Advocate-on-Record—For the Petitioners. Not represented—The Respondents. Civil Petition for Leave to Appeal No. 386 of 2003. (From the judgment and order dated 9th February, 2002 passed by the High Court Division in Writ Petition No. 673 of 2001). ......1-3 to act "in accordance with law" and no direction was given to them for allotment of a plot to the writ petitioner. 5. So, there is no cogent reason to interfere with the decision of the High Court Division. The petition is dismissed. Ed. ..Category: Property Law | Date: 16 Feb, 2005 | Hits: 69
Siraj Miah Vs. Mohammad Miah and others, 2005, CLC (HCD)
.... Civil Revision No.244 of 1997. Judgment Abdus Salam Mamun J.- This Rule was issued calling upon the opposite party Nos.1, 3 and 4 to show cause as to why the impugned Judgment and decree dated 20‑5‑1996, decree signed on 26‑5‑1996 passed by the learned Subordinate Judge, 1st Cou......t No.91 of 1977 renumbered as Title Suit No.52 of 1986 is hereby upheld. Send down the Lower Courts records at once. Ed. This Case is also Reported in: 57 DLR (2005) 356. ..Category: Property Law | Date: 7 Feb, 2005 | Hits: 2
Chairman, Sherpur Paurashava Vs. Md. Jahangir Hossain Chowdhury, 2005, 34 CLC (AD)
.... Not represented— Respondent No. 9. Not represented — Respondents. Civil Petition for Leave to Appeal Nos. 336 & 337 of 2003. (From the judgment and order dated 5th November 2002 passed by the High Court Division in Civil Revision Nos. 2076 and 2077 of 19......e which is challenged as void, fraudulent and not binding on the petitioner. The learned Counsel further submitted that the learned Single Judge misconceived the pleadings in the case and also of the decision of the superior Court in holding that the petitioner's suit is not maintainable without fur..Category: Property Law | Date: 1 Feb, 2005 | Hits: 118
Mustaque Hossain (Md). Vs. Md. Shajahan Miah and another, 2005, 34 CLC (AD)
....b Ali, Advocate‑on‑Record‑ For Respondent No. 1. Not represented‑for Respondent Nos. 2. Civil Petition for Leave to Appeal Nos. 1262 & 1263 of 2004. (From the judgment and order dated 26th April 2004 passed by the High Court Division in Civil Revision No.305 of 2003 with Civil ......orhearing in the appeal and, as such, his right to continue in the tenancy needs to be protected in theinterest of justice. 9 In support of his, submission the learned Counsel has referred to the decision in the case of Munshi Amiruddin Ahmed vs. Begum Shamsun Nahar reported in 48 DLR 21 and sub..Category: Tenancy Law | Date: 1 Feb, 2005 | Hits: 120
SMAH Ltd SMAH Ltd Vs. Government of Bangladesh and others, 2005, 34 CLC (HCD)
.... 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 (i) letter of allotment dated 19‑7-1993 issued by respondent No.2 allotting petitioners land by number as industrial plot ......the petitioner by its alleged purchase dated 30‑4‑1995 has not derived any interest in the land of CS Plot No.177. 16. Mr. KZ Alam, learned Advocate appearing for respondent No. 8, cites the decision in the case of Director of Housing and Settlement, Segunbagicha, Ramna, Dhaka Vs. Abdul Maj..Category: Property Law | Date: 16 Jan, 2005 | Hits: 7
Monohar Joarder and others Vs. State, 2005, 34 CLC (HCD)
....peal is directed at the instance of the accused‑appellant Monohar Joarder and 10 others under section 410 of the Code of Criminal Procedure against the judgment and order of conviction and sentence dated 25‑3‑1997 passed by the learned Additional Sessions Judge, 1st Court, Kushtia in Sessions ...... He also stated in cross‑examination he did not know that the patient died for wrong treatment. 39. We have perused the entire record heard the learned Advocates and also perused above‑cited decisions. 40. Now, let us see how far the conviction and sentence of the appellants are well f..Category: Criminal Law | Date: 15 Jan, 2005 | Hits: 3
Barkatullah Khan (Md.) Vs. Government of Bangladesh and others, 2005, 34 CLC (HCD)
....or the Respondents. Writ Petition No.5557 of 2003. Judgment Zubayer Rahman Chowdhury J. - By this application under Article 402 of the Constitution, the petitioner challenges the order dated 1‑7‑2002 terminating his service as a probationer in the Bangladesh Police Service. 2......gations made in the impugned order. Mr. Rahman lastly submits that although the matter was referred to the Ministry of Home Affairs by the Hon'ble President almost 2 years back, there is still no decision yet on the matter, thereby causing serious prejudice and hardship on the petitioner. 5..Category: Employment/Service Law | Date: 15 Jan, 2005 | Hits: 2
Habibullah (Md) Vs. Sher Ali Khan and others, 2005, 34 CLC (AD)
....uayum, Senior Advocate with him instructed by Md. Nawab Ali, Advocate-on-Record - For the Appellant. Ex-parte ‑ the Respondents. Civil Appeal No. 124 of 2000. (From the Judgment and order dated July 7, 1997 passed by the High Court Division in Civil Revision No. 502 of 1988). Judgment......n 115 Concurrent finding of fact of the courts below having not suffered from any misreading or non-reading of the evidence or, in other words, any legal evidence was not left out in making the decision in the case by the courts of fact High Court Division was in serious error in reversing c..Category: Civil Law | Date: 15 Jan, 2005 | Hits: 177
Arshed Ali Sikder (Md.) Vs. Gouranga Chandra Shil and others, 2005, 34 CLC (HCD)
....te Parties. Civil Revision No.1035 of 1995. Judgment Salma Masud Chowdhury J.- This Rule was issued calling upon the opposite party No.1 to show cause as to why the judgment and decree dated 21‑1‑95 and 28‑1‑95 passed by the Sub-Judge, 1st Court, Barisal in Title Appeal No.30 ......this Court and obtained the present Rule. 6. Mr. Abdul Quayum, the learned Advocate appearing on behalf of the petitioner, submits that the lower appellate Court committed an error of law in its decision occasioning failure of justice in reversing the judgment of the trial Court without reversi..Category: Property Law | Date: 10 Jan, 2005 | Hits: 2
Afzal Molla (Md.) Vs. Government of Bangladesh & others, 2005, 34 CLC (HCD)
....eclaration that he is the permanent licensee of the suit land and for permanent injunction with a prayer for mandatory injunction. The suit was dismissed by the trial Court by its judgment and decree dated 23‑9‑1998 which was affirmed by the appellate Court below vide judgment and decree dated 6......3 years for making such revisional application as there is no specific period prescribed for filing a revisional application. In support of his submission, the learned Advocate has (sic) referred the decisions in the case between Md. Swaleh and another Vs. United Grain & Fodder Agencies, reporte..Category: Limitation Law | Date: 10 Jan, 2005 | Hits: 6
Abdur Rahman Sikder (Md.) Vs. Nur Mohammad Khan and others, 2005, 34 CLC (HCD)
.... J.-This Rule on an application under section 561A of the Code of Criminal Procedure, was issued calling on the Deputy Commissioner, Chittagong to show cause as to why the impugned judgment and order dated 15-9‑2004 passed by the learned Sessions Judge, Borguna in Criminal Revision No.26 of 2......145 CrPC if the Magistrate is satisfied that there is immediate apprehension of breach of peace over possession of the disputed land. In support of his contention, the learned Advocate cited the case decisions reported in 49 DLR 485, 45 DLR (AD) 31 and 35 DLR 180. With reference to those cases, the ..Category: Criminal Law | Date: 10 Jan, 2005 | Hits: 4
Badar Biswas & others Vs. State, 2005, 34 CLC (HCD)
.... Criminal Revision No. 764 of 2004. Judgment Khademul Islam Chowdhury J.- The Rule was issued calling upon the Deputy Commissioner, Gopalgonj to show cause as to why the impugned order dated 13‑7‑2003 passed by the learned Additional Sessions Judge, Gopalgonj in Sessions Case No.5......f the above named accused petitioners with the direction to take steps through the public prosecutor and withdrawal of the names of the accused petitioners from prosecution pursuant to the Government decision. The learned Public Prosecutor on 16‑6‑2003 filed an application before the learned Add..Category: Criminal Law | Date: 9 Jan, 2005 | Hits: 37
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