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Administrator, Zilla Board Vs. Mukhlesur Rahman, 1983, 12 CLC (HCD)
....udge are set aside and the plainÂtiff's suit is dismissed without any order as to costs. Let the records be sent back immediately. Ed. This Case is also Reported in: 36 DLR (HCD) (1984) 71. ......f the District Board or the Government have not yet framed any rules governing the terms and conditions of service of the employee appointed under Works Programme then the appointing authority has no power to dismiss such employees without framing rules. In other words, Mr. B.B. Roy Choudhury invoke...... back immediately. Ed. This Case is also Reported in: 36 DLR (HCD) (1984) 71. ......a statuÂtory body, namely, the District Board and being an employee whose terms and conditions of service have not yet been regulated by any service rules, the plaintiff is covered by the protection granted to him by the decision, of the Appellate Division in the case reported in 29 DLR (SC) 41, es..Category: Employment/Service Law | Date: | Hits: 120
Mohammad Latif Anowar Chowdhury Vs. Mohammad Fazle Moubin Faruki and others, 2010, 39 CLC (HCD)
....e application seeking to injunction under Order 39 Rule 1 of the Code of Civil Procedure by the plaintiff in the suit also rejected. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 372. ......laintiff and Farid Ahmed would invest 40% money and the rest 60% would be invested by the pro-forma defendant Nos.2-7 and the defendant No.1. It is the further case of the plaintiff that by a deed of power of attorney deed dated 18.5.2003 the plaintiff was appointed to be the sole attorney. It is th......y with Ms. Badrun Nahar Begum Rosy-For the Opposite Party Nos.3-7. Civil Revision No.3909 of 2010. Judgment Shahidul Islam J.- The Rule was issued calling upon the opposite party No.1 to show cause as to why the impugned judgment and order dated 28.6.2010 passed by the learned Additi......Appeal No.210 of 2009 dismissing the appeal and affirming the judgment and order dated 13.09.2009 passed by the learned Joint District Judge, 2nd Court, Sadar, Chittagong in Other Suit No.229 of 2009 granting an order of status quo should not be set aside and or such other or furÂther order or orde..Category: Civil Law | Date: | Hits: 115
Penta Marine Services Limited Vs. Niko Resources (Bangladesh) Ltd. and others, 2011, 40 CLC (HCD)
....e being no merit in this application this court is inclined to reject the application. In the result, the application is rejected. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 415. ...... built in a particular form and used for a particular purpose. In this case- the vessel, if she may be so called, was built for a particular purpose, she was built as a hoper-barge; she has no motive-power, no means of progression within herself. Towing alone will not conduct her, she must have a ru......................Plaintiff Vs. Niko Resources (Bangladesh) Ltd. and others................Defendant Judgment February 15, 2011. Result: The application is rejected. Cases Referred to- M/S. Saleha Still Industries Limited Vs. Tss Pacific Abeto' and others, 35 DLR (AD) 188; Polp......e being no merit in this application this court is inclined to reject the application. In the result, the application is rejected. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 415. ..Category: Admiralty Law or Maritime Law | Date: | Hits: 649
Mrs. Nadira Rahman Vs. Sayed Amir Hossain, 1983, 12 CLC (HCD)
....d orders were passed and she is to continue as Mutwalli till she resigns or is removed in accordance with law. No order as to cost. Ed. This Case is also Reported in:35 DLR (HCD) (1983) 277. ......hich could be applicable was the resiÂduary Article 181 which provides a limiÂtation of three years for an application, but even that Article will not stand in the way of the exercise of revisional power for these powers can be exercised suo motu. At the same time it should be remembered that the ......€¦â€¦â€¦â€¦â€¦â€¦â€¦Petitioner Vs. Sayed Amir Hossain………………………………Opposite Party Judgment May 31, 1983. Result: The rule is made abÂsolute. Cases Referred to- L.R.C. Vs. Duke of Westminster, 36 A.C. at page 1; Muhammad Swaleh and another Vs. Messers Un......g whether before a Court of first instance or before a Court of appeal or before a Court of revision against the same party for the same relief which, however, for want of jurisdiction, was unable to grant the desired relief. Furthermore, it is now well settled that the Limitation Act does not proÂ..Category: Trust/Waqf Law | Date: | Hits: 124
Sabirannessa and others Vs. Kabir Ahmed and others, 1995, 24 CLC (HCD)
....oresaid suit is hereby set aside. The order of stay passed earlier is hereby vacated. The parties will bear their respective costs. Ed. This case is also Reported in:49 DLR (HCD) (1997) 347. ......ion filed under section 151 of the Code of Civil Procedure and thatdecree cannot be interfered with under this provision of the Code. When the aggrieved party has other remedy available, the inherent power of the Court under section 151 of the Code cannot be invoked. The learned Assistant Judge comm......€¦â€¦â€¦â€¦â€¦â€¦â€¦Petitioners Vs. Kabir Ahmedand others………………………….Opposite Parties Judgment July 16, 1995. Result: The Rule is made absolute. Case Referred to- Abdur Rahman & ors. Vs. Sultan @ Sultan and ors, 35 DLR (AD) 51. Lawyers Involved: ......oresaid suit is hereby set aside. The order of stay passed earlier is hereby vacated. The parties will bear their respective costs. Ed. This case is also Reported in:49 DLR (HCD) (1997) 347. ..Category: Procedural Law | Date: | Hits: 112
....onnection with any other case.
Let a copy of this order be communicated to the Deputy Commissioner, Gaibandha for necessary action.
Ed.
This case is also Reported in:49 DLR (HCD) (1997) 344.
......w Administrator and
Commander‑in‑Chief.
5. Heard Mr. MM Hyder Ali, learned Counsel appearing for the petitioner. He submits that (1) the CMLA is a persona designata and has to exercise the power of review on his own. He cannot share his power with anyone else and (2) that the impugned ord......Secretary, Ministry of Home Affairs and others………………………………………..Respondents
Judgment
April 3, 1997.
Result:
The Rule is made absolute.
Cases Referred to-
SLM Nurul Huq Vs. State, 33 DLR (AD) 141; Ram Milen Vs. Bonsilal, AIR 1958 (Madhya Pradesh) 2......onnection with any other case.
Let a copy of this order be communicated to the Deputy Commissioner, Gaibandha for necessary action.
Ed.
This case is also Reported in:49 DLR (HCD) (1997) 344.
..
Category: Constitutional Law | Date: | Hits: 259
....h, of no legal effect.
Order of stay granted in this Rule stands vacated.
Communicate the judgment to the respondent Nos. 1-13.
Ed.
This Case is also Reported in: 16 BLC (HCD) (2011) 123.
......xt, we refer to the judgment and the orders passed in Writ Petition No.7260 of 2008 wherein the government was directed to frame rules and monitor functioning of the polluting yards by forming a high powered committee. We are inclined to say that we are not satisfied with the performance of the gove......vironment and Forest and 18 others……………………..Respondents
Judgment
September 9, 2010.
Result:
The Rule is made absoÂlute with directions and observation.
Cases Referred to-
Neal Ali Vs. Government of Bangladesh, represented by the Secretary, Ministry of land and oth......our of respondent Nos. 14, 15, 16, 17 and 19, for setting up of ship breaking yards therein are against public interest and without lawful authority and, as such, of no legal effect.
Order of stay granted in this Rule stands vacated.
Communicate the judgment to the respondent Nos. 1-13.
Ed...
Category: Environmental Law | Date: | Hits: 891
Baquer Siddiqui (Md.) Jounpuri and another Vs. State and another, 2008, 37 CLC (HCD)
....shed. Let a Copy of this judgment he transmitted to the Chief Metropolitan Magistrate, Dhaka for information and necessary action. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 118. ......shed. Let a Copy of this judgment he transmitted to the Chief Metropolitan Magistrate, Dhaka for information and necessary action. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 118. ......er……………………Petitioners Vs. State and another……………………Opposite Parties Judgment February 24, 2008. Result: The Rule is made absolute Cases Referred to- Nagendra Chandra Barker Vs. Aftabuddin, 44 DLR (AD) 355; Abul Bashar Vs. Hasan Uddin Ahmed, 5......shed. Let a Copy of this judgment he transmitted to the Chief Metropolitan Magistrate, Dhaka for information and necessary action. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 118. ..Category: Criminal Law | Date: | Hits: 70
Abul Kashem Shawdagar Vs. Abdur Razzaque & others, 1983, 12 CLC (HCD)
....igation directed by the Court before cognizance has been taken. As such I refrain from giving my decision on the point indicated above. Ed. This Case is also Reported in:36 DLR (HCD) (1984) 63. ......ned Advocate submitted that in the facts and circumstances of the present case the impugned order dated 29.09.1979 should be construed as a direction to make further investigation into the case which power the Magistrate always had, and after insertion of clause 3B of section 179 of the Cr.P.C. the ...... Syed Mohammad Ali J Abul Kashem Shawdagar.................................Petitioner Vs. Abdur Razzaque & others.....................................Opposite Parties Judgment October 6, 1983. Result: The Rule is discharged. Cases Reffered to- The State Vs. Abul Qua......igation directed by the Court before cognizance has been taken. As such I refrain from giving my decision on the point indicated above. Ed. This Case is also Reported in:36 DLR (HCD) (1984) 63. ..Category: Criminal Law | Date: | Hits: 93
Golam Ataher Chowdhury Vs. Administrator of Wakfs & others, 1984, 13 CLC (HCD)
....r as to costs. The impugned judgment and order of the learned District Judge is affirmed. Let the records be sent back immediately. Ed. This Case is also Reported in: 36 DLR (HCD) (1984) 56. ......gainst the order of removal. Against the appellant judgment of the District Judge a revision lies to the High Court Division. This is a speÂcific provision of law in a special statute. The appellate power of the District Judge and the revisional power of the High Court Division are specifically pro....... ......r as to costs. The impugned judgment and order of the learned District Judge is affirmed. Let the records be sent back immediately. Ed. This Case is also Reported in: 36 DLR (HCD) (1984) 56. ..Category: Trust/Waqf Law | Date: | Hits: 121
GE Sea Co. Services Ltd. Vs. Continental Traders BD Ltd. and others, 2010, 39 CLC (HCD)
....d this Court finds no merit in this application which is therefore liable to be rejected. Accordingly, the application is rejectÂed. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 56. ......d this Court finds no merit in this application which is therefore liable to be rejected. Accordingly, the application is rejectÂed. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 56. ......iff-Petitioner Vs. Continental Traders BD Ltd. and others…………………………Respondents Judgment January 14, 2010. Result: The application is rejectÂed. Case Referred to- SONIA, 1983 2 Lloyds Law Report 63. Lawyers Involved: Ajmalul Hossain, QC - For the Pl......d this Court finds no merit in this application which is therefore liable to be rejected. Accordingly, the application is rejectÂed. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 56. ..Category: Admiralty Law or Maritime Law | Date: | Hits: 320
....dingly the Respondent No.5 is directed to pay a sum of Taka 1,50,000/- (one lac fifty thousand) to the petitioner.
Md. Faruque (M. Faruque) J.- I agree.
Ed.
This Case is also Reported in:
...... of Northumbria and London Universities.
7. In another Supplementary Affidavit the petitioner has annexed Annexure M which shows that there are 157 institutions in the U.K. having degree awarding powers recognized by the U.K. Government but among these 157 institutions, the name of Williamsburg ......lt:
The Rule is made absolute in part along with all the aforesaid observations and directions.
Lawyers involved:
Manzil Murshid, Advocate-For the Petitioner.
Ms. Kazi Zinat Huq Deputy Attorney General with Shams-ud Doha Talukder, Assistant Attorney General-For the Respondent No.1.
......dingly the Respondent No.5 is directed to pay a sum of Taka 1,50,000/- (one lac fifty thousand) to the petitioner.
Md. Faruque (M. Faruque) J.- I agree.
Ed.
This Case is also Reported in:
..
Category: Others | Date: | Hits: 146
Prodeep Kumar Bhadra Vs. Sree Chandra Kanta Mondal and others, 2009, 38 CLC (HCD)
.... 1995 is set aside. Title Suit No.9 of 1995 is dismissed. Send down the lower court records at once. AKM Abdul Hakim J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 35. ...... 1995 is set aside. Title Suit No.9 of 1995 is dismissed. Send down the lower court records at once. AKM Abdul Hakim J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 35. ......¦â€¦â€¦â€¦â€¦.Appellant Vs. Sree Chandra Kanta Mondal and others………………………….Respondent Judgment August 12, 2009. Result: The appeal is allowed. Cases Referred to- Lal Miah (Hajee) Vs. Nurul Amin and others, 57 DLR (AD) 64; Shanai Bibi being dead here heirs......y of the deposition of P.W.1 Monindranath Mondol it appears while he deposing in Court in 1997, was aged about 40 years, as such he is not a fit person to prove rent receipt and amolnama executed and granted 50 years before. The decision of Lal Miah (Hajee) Vs. Nurul Amin and others 57 DLR (AD) 64, ..Category: Property Law | Date: | Hits: 134
Shawkat Ali Chowdhury Vs. G. Murshed Reza and others, 2009, 38 CLC (HCD)
....o proÂceed with the suit in accordance with law. Send down the lower Court records at once. Md. Emdadul Hague Azad, J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 24. ...... registering the sale deed on completing his obligations duties or undertakÂing in terms of the bainanama before he canÂcelled the bainanama. 27. Order VII Rule 11, the Code of Civil Procedure empowers the Court to reject a plaint (a) where it does not disclose a cause of action; (b) where the ......rshed Reza and others............................Respondents Judgment July 16, 2009 Result: The appeal is allowed. The Civil Rule No. 98(f) of 2009 is made absolute. Cases Referred to- Sitaram Bindraban, a partnership firm at Khamgaon Vs. Chiramjilal Brijlal, a partnership firm......f contract. Learned Advocate further relied on the decision of Ram Chandra Das and others Vs. Md. Khalilur Rahman and another, 1985 BLD (AD) 41, where it has been held that, the Court is not bound to grant such relief merely because it is lawful to do so. And also held that where time is intended to..Category: Civil Law | Date: | Hits: 200
M/s. Brick Linkers Ltd. and another Vs. Joint District Judge & Others, 2005, 34 CLC (HCD)
....ow that there is no executable decree before the Adalat. Having regard to the facts of the case there will be no order as to costs. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 99. ...... the learned Advocate representing the Bank on the other hand contended that Article 181 of the Limitation Act has no manner of application and the Court which passed the preliminary decree had ample power to make the decree final even after the period of 3 years because the drawing up of final decr......……Petitioners Vs. Joint District Judge & Others………………………………Respondents Judgment March 22, 2005. Result: The Rule is made absolute. Cases Referred to- Mahamad Kamal Vs. Ahmed Ali and others, 87 IC (1925)-746; Gajanan Chintaman Deshpande and oth......ow that there is no executable decree before the Adalat. Having regard to the facts of the case there will be no order as to costs. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 99. ..Category: Limitation Law | Date: | Hits: 162
Ain-O-Salish Kendro (ASK) Vs. Government of Bangladesh and others, 2006, 35 CLC (HCD)
.... can be sufficient. The reasons have to be fully recorded in the Superintendents Journal and the prisoner's history ticket. Duty to give reasons, which have, at least to be plausible, will narrow the discretionary power conferred on the superintendent, so as to make the next safeguard effective, viz......ed Advocate appearing for the petitioner submits further that the provisions of the prisoners Act read with Rules 718 to 721 of the Jail Code provide the jail authorities with arbitrary and unbridled power to restrain a prisoner in fetters which offends human dignity and impose avoidable pains and s......esh and others……………………………………Respondents Judgment April 19, 26, 27, 2006. Result: The Rule is disposed of with the directions and observation. Cases Referred to- Sunil Batra Vs. Delhi Administration and others reported in A.I.R. 1978 (SC) 1675; Jagmohan S......f the jail. 19. Mr. Kamal, has drawn our attention to paragraph 12 of the affidavit in opposition wherefrom it appears that one Dr. Dulal Kumar Chakrabarty, Medical Officer, Jhenaiday Sub-jail has granted a certificate on 11.7.97 in respect of convict Fazlu Miah to the effect that the imposition ..Category: Constitutional Law | Date: | Hits: 219
Ismail Hossain (Md.) Vs. Shakhina and others, 2012, 41 CLC (HCD)
....llaneous Appeal No.27 of 1998 in set aside. Let a copy of the judgment along with the lower Court’s record be sent down at once. Ed. This Case is also Reported in: 17 BLC (HCD) (2012) 320. ......dgment and Order adversely affected right, title and interest. 10. Mr. Mesbahuddin, the learned AdvoÂcate on the point of maintainability of the Revisional application submits that the Revisional power of the High Court is a supervisory power which may also be exercised suo moto and any person i..........................Petitioner Vs. Shakhina and others..............................Opposite-Parties Judgment February 2, 2012. Result: The Rule is made absolute. Case Referred to- MH Saya & Co. Vs. Wazir Ali Industries, 21 DLR (SC) 50; Abdul Qadir Vs. Abdul Majid, 1984......llaneous Appeal No.27 of 1998 in set aside. Let a copy of the judgment along with the lower Court’s record be sent down at once. Ed. This Case is also Reported in: 17 BLC (HCD) (2012) 320. ..Category: Property Law | Date: | Hits: 117
....order to interfere with the same.
In the result, the Rule is discharged without any order as to costs. Order to stay stands vacated.
Ed.
This Case is also Reported in:49 DLR (HD) (1997) 217.
....... It appears from notification dated 4‑11‑1996 that respondent No.4 has been appointed and recognised as the chief of the Bohmong circle of Chittagong Hill Tracts by the Government in exercise of power under Chittagong Hill Tracts Regulations 1900 (Regulation 1 of 1900) and Commissioner of Chitt......gment
January 12, 1997.
Result:
The Rule is discharged.
Lawyers Involved:
Khandker Mahbubuddin Ahmed with SM Moonsir, Advocates ‑ For the Petitioner.
KM Saifuddin Ahmed, Deputy Attorney‑General ‑ For Respondent Nos.1‑3.
Zakir Ahmed with Oziullah, Advocates - For Respond......order to interfere with the same.
In the result, the Rule is discharged without any order as to costs. Order to stay stands vacated.
Ed.
This Case is also Reported in:49 DLR (HD) (1997) 217.
..
Category: Civil Law | Date: | Hits: 185
lqbal Hossain Talukder (Md.) Vs. Md. Joinal Abedin Talukder and 76‑others, 2002, 31 CLC (HCD)
.... their respective costs. Lower Court Record be sent down at once. A copy of this Judgment be transmitted to Courts concerned. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 604. ...... (CJS) IA Page‑279 is hereunder: "Acquiescence. The word, it has been said, implies acceptance or approval, active assent, active consent, assent, assent or consent, consent, also knowledge, and power to contract. The word has been employed as meaning conduct recognising the existence of a t..........Pre‑emptee‑Petitioner Vs. Md. Joinal Abedin Talukder and 76‑others.............Opposite Parties Judgment August 20, 2002. Result: The Rule is discharged. Cases Referred to- Durga Choudhurain Vs. Jawahir Singh Choudhuri, 17 Indian Appeal 122; Ramchandra Vs. Ram Linga...... their respective costs. Lower Court Record be sent down at once. A copy of this Judgment be transmitted to Courts concerned. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 604. ..Category: Property Law | Date: | Hits: 116
Durga Rani Sutradhar Vs. Paresh Chandra Sutradhar, 2002, 31 CLC (HCD)
....ance with law and in the light of our observations given above. We prefer to make no order as to cost. Send down the LCR at once. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 600. ......s laid down in sections 237 and 238 in the Chapter II of the Succession Act, 1925. 7. Now the only question arises before us to ascertain as to whether the District Judge or District Delegate is empowered under the Act to consider grant of probate on the basis of copy of a lost 'Will' without get.....................Appellant Vs. Paresh Chandra Sutradhar..........................................Respondent Judgment February 16, 2002. Result: The Appeal is allowed. Case Referred to- AIR 1939, Calcutta 674. Lawyers Involved: SS Halder, Senior Advocate with HR Acharjee, ...... a photostat copy of the “Will' which was preserved by the petitioner and proved by her as well as attesting witness of the 'Will'. The OPs, sons of the testator, did not raise any objection to the grant of the probate in favour of their mother applicant. But the learned Subordinate Judge acting a..Category: Property Law | Date: | Hits: 113
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