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Chairman, Rajdhani Unnayan Kartipakha Vs. Ramjan Ali and others, 2006, 35 CLC (HCD)

....h the observations made in the body of the judgment. Send down the Lower Court Records at once along with a copy of the Judgment. Ed. This Case is also Reported in: 27 BLD (HCD) (2007) 41. ......Chairman, Rajdhani Unnayan Kartipakha, Rajuk, Bhaban, Motijheel, Dhaka……………………………………………..Petitioner Vs. Ramjan Ali being deed his hears: 1(a) Md. Afjal Hossain and others……………………………………………..Opposite Parties Judgment Octo...... 12. In view of the above, it is found that the suit land is the acquired land and possession of it was delivered to RAJUK in presence of plaintiffs predecessor in interest. 13. The trial court on proper consideration of the material evidence on record, both oral and documentary, dismissed the su......h the observations made in the body of the judgment. Send down the Lower Court Records at once along with a copy of the Judgment. Ed. This Case is also Reported in: 27 BLD (HCD) (2007) 41. ..

Category: Property Law | Date: | Hits: 56

Momin Miah & others Vs. Md. Shafiullah Patwari and others, 2007, 36 CLC (HCD)

....ression occurs. It is not desirable nor permissible to pick out a word or sentence from a Judgment of Superior Court divorced from the context of the question under consideration and treat it to be a complete law declared by Court. I shall not make an idle parade of discussing those Judicial decisio......reme Court High Court Division (Civil Revisional Jurisdiction) Present: AK Badrul Huq J Momin Miah & others………………………Petitioners Vs. Md. Shafiullah Patwari and others…………………………Opposite Parties Judgment April 29, 2007. Result: ......5 became aware of Pre-emption Miscellaneous Case and, also, ex parte order against him from his cousin brother (ফুফাত ভাই)Monu Patwari Monu Patwari was given Power of Attorney to take proper steps in the matter. Monu Patwari obtained all papers on 20-1-1996 and laid suit in Court see......pposite Party No.1.  Civil Revision No.5369 of 2000. Judgment AK Badrul Huq J.- Feeling aggrieved by decision recorded by learned Appellate Judge in Title Appeal No.183 of 1997 by which adjudication rendered by learned Trial Judge in Title Suit No.10 of 1996 had been overturned, defend..

Category: Property Law | Date: | Hits: 64

Advocate Manzill Murshid and others Vs. Bangladesh, 2011, 40 CLC (HCD)

....stem “12th Edition, authored by Prof Garry Slapper & David Kelly; “Judges hold a position of central importance in relation to concept of Rule of Law. They are expected to deliver Judgment in completely impartial manner through a strict application of the law without following their personal...... Chandra Tagore J. - I agree. Ed. This Case is also Reported in: ......irs about the Remuneration and Privileges of the Hon’ble Judges of the Supreme Court of Bangladesh (as of Annexure-D) and/or why such other or further order or orders as this Court may deem fit and proper, should not be passed.” 2. The petitioners, stating that they are the president and secr......mendation by the Parliamentary Sub-Committee on Law Justice Parliamentary Sub-Committee was published, without delay. Gobinda Chandra Tagore J. - I agree. Ed. This Case is also Reported in: ..

Category: Constitutional Law | Date: | Hits: 413

Sonali Bank and another Vs. Chandon Kumar Nandi, 1994, 23 CLC (HCD)

....li Bank because of the fact that the Regulation itself has provided that he will be eligible for confirmation‑ after completion of 12 months' satisfactory service. His twelve months service was not completed on the date of termination of service. So, the question of his confirmation in service did...... restored. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 330. ......e Janata Bank employees and in dealing with that matter a Single Bench of his Court held that the plaintiffs were workers as defined in labour law having no remedy in civil Court. Labour Court is the proper forum for redress of their grievances Mr. Huq referred to another decision in the case of Sen...... Judgment and decree passed by the learned District Judge are hereby set aside and those of the learned Assistant Judge are restored. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 330. ..

Category: Labour and Industrial Law | Date: | Hits: 137

Abdul Haque Sikder Vs. Divisional Manager (Fertilizer) Bangladesh Agricultural Development Corporation (BADC) and others, 1996, 25 CLC (HCD)

.... the Corporation, insubordination, negligence of duty and unauthorised absence. He filed a reply to the charges denying the allegations. His suspension order was withdrawn as the inquiry could not be completed within 1 year and he was re‑instated in service. Petitioner filed an application on 21......azi Ebadul Hoque J Amirul Kabir Chowdhury J Abdul Haque Sikder……………………Petitioner Vs. Divisional Manager (Fertilizer) Bangladesh Agricultural Development Corporation (BADC) and others…………………Respondents Judgment June 13, 1996. Result: The Rule is d...... why he should not be dismissed from service. It appears from reply to the second show cause notice that his prayer for changing the inquiry officer Ruhul Amin was not considered and he was not given proper opportunity to defend himself. He disputed the inquiry report but did not say that no copy of......econd show cause notice. We, therefore, find no merit in this Rule. In the result the Rule is discharged without any order as to cost. Ed. This Case is also Reported in:48 DLR (HCD) (1996) 574. ..

Category: Labour and Industrial Law | Date: | Hits: 228

Md. Golam Mostafa Vs. State, 2010, 39 CLC (HCD)

....rds from the Bank in connection with the pledged goods, stock register and inventory reports etc. The learned Court by another order dated 15.01.2007 kept the said petition on record and proceeded to complete the trial. 5. Besides the above, the accused-petitioner has also submitted a Supplementa......5 of 2000 (Sadar) corresponding to Bogra P.S. Case No.49 dated 13.02.2000 under sections 406/420/409/109 of the Penal Code, now pending before the Court of Special Judge, Bogra, should not be quashed and/or such other or further order or orders passed as to this Court may seem fit and proper. 2. ......ns 406/420/409/109 of the Penal Code, now pending before the Court of Special Judge, Bogra, should not be quashed and/or such other or further order or orders passed as to this Court may seem fit and proper. 2. The facts leading to the filing of this petition under 561A of the Code of Criminal Pr......is hereby quashed. The order of stay granted at the time of issuance of the rule is hereby vacated. Communicate the order at once. Ed. This Case is also Reported in: 15 MLR (HCD) (2010) 337. ..

Category: Criminal Law | Date: | Hits: 97

Sultana Jute Mills Ltd. and another Vs. Bangladesh Bank and others, 2007, 36 CLC (HCD)

....is discharged without any order as to cost. The order of stay granted at the time of issuance of Rule on 3.12.2000 is hereby vacated. Ed. This Case is also Reported in: 14 MLR (HCD) (2009) 434. ...... is also Reported in: 14 MLR (HCD) (2009) 434. ......egal effect and why the respondents should not be directed to delete the name of the petitioner from the CIB Report and/or pass such other or further order or orders as to this Court may seem fit and proper. 2. The facts of the case as stated in the petition are that the petitioner No.1 is a comp......is discharged without any order as to cost. The order of stay granted at the time of issuance of Rule on 3.12.2000 is hereby vacated. Ed. This Case is also Reported in: 14 MLR (HCD) (2009) 434. ..

Category: Civil Law | Date: | Hits: 112

Hachina Begum and others Vs. Abdul Mannan and others, 2010, 39 CLC (HCD)

....arisal in Title Suit No.23 of 1978 is set-aside. Let a copy of the judgment along with lower Court's record be sent down at once. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 628. ......Case is also Reported in: 30 BLD (HCD) (2010) 628. ......intiffs as his heirs while he was in service; that Abdul Kader Mia in connection with his service posted different station in which he assigned his full brother defendant No. 2 to look after the suit property; that the defendant No.2 with ill motive got the suit land recorded in the name of the defe......arisal in Title Suit No.23 of 1978 is set-aside. Let a copy of the judgment along with lower Court's record be sent down at once. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 628. ..

Category: Property Law | Date: | Hits: 146

Most. Shiuli alias Babi Vs. State, 2006, 35 CLC (HCD)

....s discharged from her bail bond. 17. Send down the lower court records and a copy of the judgment and order to the court concerned. Ed. This Case is also Reported in: 27 BLD (HCD) (2007) 29. ......……………………………………….Respondent Judgment August 1 of 2006. Result The appeal is allowed. Where there is reasonable possibility of the defence plea being true and the prosecution has not proved the case beyond reasonable doubt by adducing independent witnesse......e seized goods are contraband goods and were illegally brought into Bangladesh without payment of the customs and other taxes. In the present case the contents of the bottles were not examined by any proper authority. It appears that P.W.1 to P.W.3 are police personnels who held the raid and made th......s discharged from her bail bond. 17. Send down the lower court records and a copy of the judgment and order to the court concerned. Ed. This Case is also Reported in: 27 BLD (HCD) (2007) 29. ..

Category: Criminal Law | Date: | Hits: 95

Md. Sazzad Hossain Vs. M/S. Kaderia Publication and another, 2006, 35 CLC (HCD)

....f this court to the learned Joint District Judge, Additional Artha Rin Adalat No.2, Dhaka, for his information and necessary action. Ed. This Case is also Reported in: 27 BLD (HCD) (2007) 170. ......nt: Siddiqur Rahman Miah J Syed Mohammad Ziaul Karim J Md. Sazzad Hossain…………………………………………………………….Petitioner Vs. M/S. Kaderia Publication and another……………………………….Opposite Parties Judgment August 21, 2006. ......t of Joint District Judge and Additional Artha Rin Adalat No.2, Dhaka, and was renumbered as Title Suit No.271 of 2001. 3. The case of the plaintiff opposite party No.1, in brief, is that the suit property situated within District Dhaka, PS Gulshan appertaining to Mouza Mohakhali under CS khatian......f this court to the learned Joint District Judge, Additional Artha Rin Adalat No.2, Dhaka, for his information and necessary action. Ed. This Case is also Reported in: 27 BLD (HCD) (2007) 170. ..

Category: Property Law | Date: | Hits: 84

Md. Hafizur Rahman and others Vs. Government of Bangladesh and others, 2012, 41 CLC (HCD)

....inagar Sadar Police Station was declared as urban area in 1999 and thereafter Nabinagar Municipality was established comprising the said area including the area in question. Delimitation of wards was completed and final voter list was also published. Because of elevation of the area to municipality,...... agree. This Case is also Reported in: ...... of the Rule, the Government-officials are not in a position to take a final decision over the matter and as such the present writ petition should be disposed of to facilitate them to take a just and proper decision on the matter. 11. In reply, Mr. Zakaria Sarker submits that since the Government......cipality or union every when and then except in due process of law. Thus the Rule is disposed of with the above observations. Mohammad Bazlur Rahman J. - I agree. This Case is also Reported in: ..

Category: Civil Law | Date: | Hits: 131

Md. Omar Faruque Vs. State and another, 2007, 36 CLC (HCD)

....enal Code now pending in the Court of the Magistrate, 1st Class, Kushtia is quashed. Communicate the order to the Court concerned. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 318. ......reme Court High Court Division (Criminal) Present: Sharif Uddin Chaklader J Shiekh Abdul Awal J Md. Omar Faruque…………………………Accused-Petitioner Vs. The State and another……………………………Opposite parties Judgment January 29, 2007. Res......ctions 406/420 of the Penal Code now pending in the Court of Magistrate, 1st Class, Kushtia should not be quashed and/or such other or further order or orders passed as to-this-Court may seem fit and proper. 2. The facts of the case, in short, is that on 22.03.2004 at about 22.50 hours one Md. Ak......enal Code now pending in the Court of the Magistrate, 1st Class, Kushtia is quashed. Communicate the order to the Court concerned. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 318. ..

Category: Criminal Law | Date: | Hits: 92

Labai Pramanik @ Nabab Ali Vs. State, 2005, 34 CLC (HCD)

....lant be set at liberty at once, if not wanted in connection with any other case. Send down the lower court's records immediately. Ed. This Case is also Reported in: 27 BLD (HCD) (2007) 156. ...... The State…………………………………………………………………………..Respondent Judgment July 3, 2005. Result: The Appeal is allowed. Lawyers Involved: Khandakar Saiful Hoque with Khalilur Rahman and Mohmud Hossain Imam-For the Appellants. Golam Kibri......sheet against them. In cross-examination this p.w. denied the defence suggestion that he did not visit the place of the occurrence and did not examine the witnesses and without investigating the case properly submitted charge sheet. 18. P.W.25, is Sree Shaurendra Mohan Barman. This p.w. deposed t......lant be set at liberty at once, if not wanted in connection with any other case. Send down the lower court's records immediately. Ed. This Case is also Reported in: 27 BLD (HCD) (2007) 156. ..

Category: Criminal Law | Date: | Hits: 80

Md. Arfan Khan Vs. Bangladesh and others, 2012, 41 CLC (HCD)

....pressing material facts relating to service of notice. 12. On careful examination of the Immigration Ordinance, 1982 it appears that section 13 (1) of the same is a prohibitory clause which puts a complete bar on transferring or assigning to any other person or entity to use the same, while secti......h Court Division (Special Original Jurisdiction) Present: Mohammad Bazlur Rahman J Md. Ruhul Quddus J Md. Arfan Khan …………………………......Petitioner Vs. Bangladesh and others……………………....Respondents Judgment July 15, 2012. Result: The Ru......ny authority containing wild, vexatious, false or frivolous accusation against a Government servant.” According to Black’s Law Dictionary, misconduct is ‘a dereliction of duty; unlawful or improper behavior’. 15. In the present case the allegations of fabrication of a demand letter, it......erit in the Rule. Accordingly the Rule is discharged. Stay granted at the time of issuance of the Rule is vacated. Mohammad Bazlur Rahman J. - I agree. Ed. This Case is also Reported in: ..

Category: Constitutional Law | Date: | Hits: 407

Hajee Helal Uddin Ahmed Vs. National Sports Council and others, 2012, 41 CLC (HCD)

....Accordingly, the Rule is discharged without any order as to cost. The interim order of stay passed earlier is vacated. Mohammad Bazlur Rahman J. - I agree. Ed. This Case is also Reported in: ......ion (Special Original Jurisdiction) Present: Mohammad Bazlur Rahman J Md. Ruhul Quddus J Hajee Helal Uddin Ahmed............................Petitioner Vs. National Sports Council and others.....................Respondents Judgment November 22, 2012. Result: The Rule......aintainable on the reason: “As the matter relates to disputed question of facts relating to internal affairs of Satkhira District Sports Association and the writ petitioners without going to the proper forum that is the appellate authority against the decision of the election commissioner came ......Accordingly, the Rule is discharged without any order as to cost. The interim order of stay passed earlier is vacated. Mohammad Bazlur Rahman J. - I agree. Ed. This Case is also Reported in: ..

Category: Others | Date: | Hits: 94

Bahar Uddin Ahmed and others Vs. Secretary, Ministry of Liberation War Affairs and others, 2012, 41 CLC (HCD)

....ued on 3.1.1972. Mr. Paul finally submits that a committee is working on further enlistment of the martyr freedom fighters and publication of their names in official gazette. Unless the process is completed and a provisional certificate is issued in the name of Tajul Islam, it is difficult for th...... Ed. This Case is also Reported in: ......nnot be held to have been issued on 3.1.1972. Although the petitioners did the same mistake in paragraph 9 of the writ petition by stating that the letter was issued on 3.1.1972, it should be read in proper context and under the facts and circumstances of the present case this Court is convinced tha......ter will be dealt strictly. Petitioner 4 Taj Nehar Begum will furnish her account number to the Trust within a month. Mohammad Bazlur Rahman J. - I agree. Ed. This Case is also Reported in: ..

Category: Others | Date: | Hits: 103

Md. Rakibul Islam and others Vs. Anwar Hossain and another, 2009, 38 CLC (HCD)

....as been discharged so the connecting rule in C. Rule No.551(R) of 1999 is also discharged. Send down the L.C. Records immediately. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 395. ......wn the L.C. Records immediately. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 395. ......6 passed by the learned Assistant Judge, Bhedargonj, Shariatpur in Title Suit No.11 of 1993 should not be set aside and or pass such other or further order or orders as to this Court may seem fit and proper. 2. Short facts of the case are as follows:- On 03.03.93 plaintiff (petitioner herein) ......as been discharged so the connecting rule in C. Rule No.551(R) of 1999 is also discharged. Send down the L.C. Records immediately. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 395. ..

Category: Property Law | Date: | Hits: 103

Md. Akkas Ali Vs. Government of Bangladesh and others, 2010, 39 CLC (HCD)

....Shafiqul Islam further submits that the respondent No.1 acted without lawful authority in according approval for construction of the Biaghat Union Parishad Complex on the old site at Jogandronagar by completely disregarding the resolution taken by the said Union Parishad for construction of the new ......ion (Special Original Jurisdiction) Present: Moyeenul Islam Chowdhury J AKM Abdul Hakim J Md. Akkas Ali…………………………Petitioner Vs. The Government of Bangladesh and others……………………………..Respondent Judgment May 31, 2010. Result: ......aban at Jogandronagar (Annexure-'G') should not be declared to be without lawful authority and of no legal effect and/or such other or further order or orders passed as to this Court may seem fit and proper. 2. The case of the petitioner, in short, is as follows: 3. The petitioner is a consci......case, we find no merit in the Rule. The Rule, therefore, fails. Accordingly, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 390. ..

Category: Administrative Law | Date: | Hits: 261

Haji Azizur Rah­man and others Vs. Syeedul Haque Chowdhury, 1985, 14 CLC (HCD)

....r the Rule is discharged. Let the lower Court's records be sent down at once. Fazle Hussain Mohammad Habibur Rah­man J.- I agree. Ed. This Case is also Reported in:38 DLR (HCD) (1986) 4. ......upreme Court High Court Division (Chittagong Bench) (Criminal Revisional Jurisdiction) Present: Fazle Hussain Moham­mad Habibur Rahman J Md. Abdul Jalil J Haji Azizur Rah­man and others………………………Petitioner Vs. Syeedul Haque Chowdhury………………......uated in R.S Plot No.6639 and damaged a portion of it and also looted away movable articles causing a loss of Tk. 40,000/- to him. It was further alleged that his father was orig­inally owner of the property and after the death of the father he and his other co-sharers inherited the same along with......r the Rule is discharged. Let the lower Court's records be sent down at once. Fazle Hussain Mohammad Habibur Rah­man J.- I agree. Ed. This Case is also Reported in:38 DLR (HCD) (1986) 4. ..

Category: Procedural Law | Date: | Hits: 78

Mostafizur Rahman (Md.) Vs. State, 1993, 22 CLC (HCD)

....eeded with the trial of the case in absentia under section 339B(2) of the Code of Criminal Procedure and in the absence of the accused, charge was framed, evidence was taken, even 342 examination was completed and a date was fixed for argument and on that date the Court was informed that the accused...... No.724 of 1991 (Dhaka) Criminal Appeal No.26 of 1990 (Rangpur). Judgment Muhammad Ansar Ali J.- This appeal at the instance of accused Md. Mostafizur Rahman is directed against the Judgment and order dated 28‑1‑1990 passed by Mr. Md. Abdus Samad, Special Judge, Court No.III, Rangpur in......date and thereafter the Judgment was delivered convicting and sentencing the accused as stated above. Thus, it appears that everything was done against the accused appellant with utmost hurry without proper compliance of the provisions of law. The order sheet ­does not show any reason or circumstan......ence that my be passed against him. Let the records of the case be sent down expeditiously with a copy of this Judgment and order. Ed. This Case is also Reported in:48 DLR (HCD) (1996) 422. ..

Category: Criminal Law | Date: | Hits: 110