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Shahid Ali (Md.) and others Vs. Reza Mohammad & others, 2003, 32 CLC (HCD)
....y. Communicate the order to the courts below at once. Also send down the lower Court's records with a copy of this judgment expeditiously. Ed. This Case is also Reported in: 57 DLR (2005) 39. ......te party who was a contiguous land owner like pre‑emptor petitioner could have prayed for proportionate pre‑emption but since he did not do so his claim of proportionate pre-emption was barred in terms of the provision of section 96(5)(b) of the State Acquisition and Tenancy Act. 17. In the r...... expeditiously. Ed. This Case is also Reported in: 57 DLR (2005) 39. ..Category: Property Law | Date: | Hits: 79
Khokan Chandra Mondal and another Vs. Nanda Lal Mridha and another, 2010, 39 CLC (AD)
....fering with the concurrent findings of fact of the Courts below. Accordingly, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: VIII ADC (2011) 926. ......uit land from him for pisciculture for two years from 1393 B.S. After the expiry of the term the defendant requested the plaintiffs to renew the lease but as they did not pay the lease money as per terms of the contract he decided not to renew the lease and intimated the said fact to the plaintiff......ion (Civil) Present: Mohammad Fazlul Karim CJ Md. Abdul Matin J Shah Abu Nayeem Mominur Rahman J ABM Khairul Haque J Md. Muzammel Hossain J Surendra Kumar Sinha J Khokan Chandra Mondal and another........................Appellants Vs. Nanda Lal Mridha and another.....Category: Civil Law | Date: | Hits: 55
Pulin Mahajan Vs. State, 2011, 40 CLC (AD)
....it in this appeal. The appeal is allowed. The judgments of Courts below so far as it relate to the appellant's conviction are set aside. Ed. This Case is also Reported in: VIII ADC (2011) 982. ......unsif, Rawjan. After the institution of the suit the appellant and Shadhan Chowdhury, his brother-in-law, used to threaten her to withdraw the suit with dire consequence. The appellant had no talking terms with his mother and on the date of occurrence, the informant was away from home, when he got i......For the Appellant. Momtazuddin Fakir, Additional Attorney General, instructed by Giasuddin Ahmed, Advocate on Record - For the Respondent. Criminal Appeal No. 21 of 2010. (From the judgment and order dated 2.2.2009 passed by the High Court Division in Criminal Appeal No.588 of 1989.) Ju..Category: Criminal Law | Date: | Hits: 81
Shaw Wallace Bangladesh Limited Vs. Tofazzal Hossain, 1997, 26 CLC (HCD)
..... In view of the above, the Rule is made absolute without any order as to costs. The impugned Judgment dated 20-5-95 is set aside. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 22. ......ee and claimed under section 15(2). Wages as defined under section 2(vi) of the Payment of Wages Act is as follows: Section 2(vi). “wages” means all remuneration, capable of being expressed in terms of money, which would, if the terms of the contract of employment, express or implied, were fu......Present: KM Hasan J Md. Awlad Ali J Shaw Wallace Bangladesh Limited, represented by its Managing Director……………Petitioner Vs. Tofazzal Hossain son of late Abdul Kader, Dhaka and others………………Respondents Judgment August 18, 1997. Result: The Rule is m..Category: Labour and Industrial Law | Date: | Hits: 255
Wadiuzzaman Vs. Chairman, BIWTA and others, 1992, 21 CLC (HCD)
....uthority. In the light of our observation and discussion made above, all three Rules are discharged without any order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 679. ......5 dated 6.2.85 is annexed to the petition and marked as Annexure 'C'. It is claimed by the petitioner that in view of the order dated 6.8.86 (Annexure C) the promotion of the respondent Nos. 5‑8 in terms of office order dated 68/85 dated 6.2.85 (Annexure B) was cancelled and the Authority as direc......sion (Special Original Jurisdiction) Present: AKM Sadeque J Mainur Reza Chowdhury J Wadiuzzaman ………………………Petitioner (In all Writ Petitions) Vs. Chairman, BIWTA and others …………………………Respondents (In all Writ Petitions) Judgment April 29..Category: Employment/Service Law | Date: | Hits: 116
Tamanna Steel Galvanizing Industry Ltd. Vs. Government of Bangladesh and others, 1997, 26 CLC (HCD)
....oner. In view the same we find no merit in these two Rules. In the result, these Rules are discharged without any order as to costs. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 8. ......y and of to legal effect. 2. Rule in Writ Petition No.3071 of 1992 was issued at the instance of the petitioner MEB Steel Complex Limited calling upon the respondent to show cause in the aforesaid terms for rejecting petitioner’s claim for refund of Taka 63,67,503.00 vide similar order dated 7-......vision (Special Original Jurisdiction) Present: Kazi Ebadul Hoque J AK Badrul Huq J Tamanna Steel Galvanizing Industry Ltd……………..Petitioner Vs. Government of Bangladesh and others…………..Respondents Judgment July 24, 1997. Result: The Rules are discha..Category: Fiscal/Taxation Law | Date: | Hits: 164
Abdul Khaleque Vs. Abdur Noor and others, 1995, 24 CLC (HCD)
.... agricultural land and section 96 of the Act is only available. In the result, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 49 DLR (HD) (1997) 74. ...... of land or an undivided share thereof held by a raiyat or an under raiyat and forming the subject of separate tenancy. 12. The sub‑section (14) of section 2 defines "Homestead" in the following terms: "Homestead means a dwelling house with the land under it, together with any courtyard, gar......97) 74. ..Category: Property Law | Date: | Hits: 52
Shamsul Haque (Md.) Vs. Bangladesh,1995, 24 CLC (HCD)
.... want to address ourselves on merit of the case. In the result, the application is rejected in limine without any order as to costs. Ed. This Case is also Reported in: 49 DLR (HD) (1997) 62. ......g of section 4 of the Act we find that the Administrative Tribunal has exclusive jurisdiction to hear and determine an application filed by any person in the service of the Republic in respect of the terms and conditions of his service including pension rights, or in respect of any action taken in r......n J Shamsul Haque (Md.)........................................Petitioner Vs. Government of the People's Republic of Bangladesh, represented by the Secretary, Ministry of Disaster Management and Relief, Bangladesh Secretariat, Dhaka and others…………………………………………..Category: Administrative Law | Date: | Hits: 205
Hazi Abdul Hakim Khan Vs. Lal Miah Saiyal alias Lal Miah and others, 2012, 41 CLC (AD)
....ree. Surendra Kumar Sinha J. – I agree. Abdul Wahhab Miah J. – I agree. Nazmun Ara Sultana J. – I agree. Syed Mahmud Hossain J. – I agree. Ed. This Case is also Reported in: ......nding that on a close reading of the pleadings and the statement on oath of the plaintiff it is difficult to credit him with truth because he made a sharp departure from his averment in the plaint in terms of the number of structures standing on the 1 katha land of the defendants which was admittedl......l Wahhab Miah J Nazmun Ara Sultana J Syed Mahmud Hossain J Muhammad Imman Ali J Hazi Abdul Hakim Khan.................................. Petitioner Vs. Lal Miah Saiyal alias Lal Miah and others........ Respondents Judgments February 26, 2012 Result: The petition is dism..Category: Property Law | Date: | Hits: 70
....ence by this Court.
In the result this Rule is discharged. But in the facts and circumstances of the case we pass no order as to cost.
Ed.
This Case is also Reported in: 50 DLR (HCD) (1998) 1.......973 (Act No. XXXVI of 1973) as a Member of Panel from which the Vice-Chancellor shall be appointed for a period of 4 years from the said panel. Three persons are to be nominated by the Senate on such terms and conditions as may be determined by the Chancellor. In this case, Senate nominated three pe......& others………………Respondents
Judgment
July 1, 1997.
Result:
The Rule is discharged.
Cases Referred to-
Dr. Syed Mahbubur Rahman Vs. Bangladesh University of Engineering and Technology, 45 DLR 333; Bangladesh Freedom-fighters Welfare Trust Vs. Md. Momtajul Hossain, 44 D..
Category: Employment/Service Law | Date: | Hits: 158
Kibria and Associates Ltd. Vs. Bangladesh Agricultural Development Corporation, 1992, 21 CLC (HCD)
....ters at rest arising out of the situation like the present one. In the result, we allow this appeal without any order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 712. ......overnment of Bangladesh and others, 1983 BLD (AD) 109 the Appellate Division held that the Court will not interfere even if the Arbitrator takes a different view of the interpretation of a particular terms of contract and the decision of the Arbitrator cannot be set aside unless it could be shown th......Case is also Reported in: 45 DLR (HCD) (1993) 712. ..Category: Alternative Dispute Resolution | Date: | Hits: 156
Abdus Salam (Md) Vs. University of Rajshahi & others, 2004, 33 CLC (HCD)
....ing all examination in the Department of the Library and Information Science, till completion of investigation and the final decree taken thereon. Thereafter, in pursuance to a resolution taken in an extraordinary meeting of the Syndicate of the University held on 26‑9‑1999 second committee was ......erty to proceed against the petitioner in accordance with law. In the result, this Rule is made absolute but without any order as to costs. Ed. This Case is also Reported in: 56 DLR (2004) 441. ...... For the Respondents. Writ Petition No. 3397 of 2001. Judgment ABM Khairul Haque J. - This Rule Nisi was issued at the instance of one Md Abdus Salam, calling upon the University of Rajshahi and others to show cause as to why the order of dismissal (Annexure N (1) to the petition) dated 7..Category: Employment/Service Law | Date: | Hits: 60
Rajab Ali Zulfiqar Vs. State, 1993, 22 CLC (HCD)
....o surrender to his bail bond and serve out the remaining sentence at once. Let the, records of the, case be sent down immediately. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 705. ......to be discharged or of any legal contract, express or implied, which he had made touching the discharge of such trust, or wilfully suffered any other person so to do. The learned AAG referring to the terms of entrustment of the alleged Government money with the accused appellant for the purpose of r......ssain, 16 DLR (WP) 48; 7 DLR (FC) 1; Ali Vs. Crown, 4 DLR (SC) 551; Fazal Elahi Vs. Crown, 5 DLR (WP) 13; Khan Vs. Crown, 7 DLR (FC) 1; Mobarak Hossain Vs. State, 33 DLR 274; Barkat Ali alias Gharibu and others Vs. Crown, 1969 (SCMR) 448; Muhammad Ismail and others Vs. State and another, 1970 PLD (K..Category: Criminal Law | Date: | Hits: 92
Air Marshal Jamaluddin Ahmed (Retd) Vs. Government of Bangladesh and others, 2004, 33 CLC (HCD)
....om the date of receipt of the copy of this judgment and order. In the result, the Rule is made absolute but without any order as to costs. Ed. This Case is also Reported in: 57 DLR (2005) 1. ......resident. Under Article 61, the President of Bangladesh is the Supreme Commander of the defence services in Bangladesh. Although valuable Constitutional safeguards and protection with regard to their terms and conditions of service are provided to the members of the civil service under Article 135 o......Original Jurisdiction) Present: ABM Khairul Haque J Md. Miftahuddin Chowdhury J Air Marshal Jamaluddin Ahmed (Retd)…………………….Petitioner Vs. Government of Bangladesh and others………………..Respondents Judgment June 13, 2004. Result: The Rule is ma..Category: Employment/Service Law | Date: | Hits: 148
Ambala Cold Storage (Pvt.) Ltd. Vs. Prime Insurance Co. Ltd., 2001, 30 CLC (HCD)
....ed without any order as to costs. The petitioner may, however, make their claim before the competent civil Court in terms of the policy. Ed. This Case is also Reported in: 56 DLR (2004) 422. ......e director of the respondent. It is the case of the respondent company that the respondent never admitted the claim of the petitioner as tile claim does not fall under the respective policies and the terms and condition laid down therein. The respondent has pleaded that the petitioner was informed r......Ahmed, Advocate ‑ For the Petitioner. Md. Ibrahim Mollah, Advocate ‑ For the Respondent. Company Matter No. 131 of 1999. Judgment Md. Awlad Ali J.- This application under sections 241 and 242 of the Companies Act, 1994 has been made by the petitioner Ambala Cold Storage (Pvt.) Ltd. I..Category: Company Law | Date: | Hits: 168
Commander (Rtd) A A Chowdhury Vs. AKM Imam Hossain and others, 1996, 25 CLC (HCD)
.... reference by this Court. In the result, the Rule is discharged with costs. The stay granted earlier by this Court is hereby vacated. Ed. This Case is also Reported in: 49 DLR (HD) (1997) 23 ...... of the Transfer of Property Act to the defendant No.1 which he received on 24‑3‑1994 but in spite of that he did not vacate the suit premises. On the contrary, the defendant No.1 in violation of terms of the agreement inducted defendant No.2, an employee of defendant No.1 in the suit premises a...... Ed. This Case is also Reported in: 49 DLR (HD) (1997) 23 ..Category: Property Law | Date: | Hits: 65
Mokbul Ahmed Vs. Shamsul Rashid and others, 1996, 25 CLC (HCD)
....in Civil Revision No.250 of 1991 for stay has become infructous and the same is, accordingly, discharged without any order as to costs. Ed. This Case is also Reported in: 49 DLR (HD) (1997) 18. ......ars that it was enrolled in 1956. 14. In view of the fact that the waqif himself disposed of the property after creation of the alleged Waqf and that there is nothing on record to show that as per terms of the Waqf Deed he acted as mutwalli during his lifetime or that he got the same enrolled as ...... Present: Mohammad Fazlul Karim J Mokbul Ahmed @ Kutub through his constituted Attorney Md. Shamsul Islam....................................................Appellant Vs. Shamsul Rashid and others................Opposite Parties Judgment July 24, 1996. Result: The appeal is..Category: Trust/Waqf Law | Date: | Hits: 165
Abu Bakkar Siddique Vs. Justice Shahabuddin Ahmed and others, 1996, 25 CLC (HCD)
.... of the Constitution for preferring an appeal before the Appellate Division against our judgment. There will be no order as to costs. Ed. This Case is also Reported in: 49 DLR (HD) (1997) 1. ......ition is maintainable. 16. We have gone through the averments of the writ petition as a whole and the contents of the Rule issued by the Court. From the averments made in the writ petition and the terms of the Rule it appears to us that in spirit, substance and to all intend and purposes that wri......cial Original Jurisdiction) Present: Mozammel Hoque J Md. Abdul Matin J Abu Bakkar Siddique..................................................petitioner Vs. Justice Shahabuddin Ahmed and others......................Respondents Judgment August 19, 1996. Result: The Rule i..Category: Constitutional Law | Date: | Hits: 200
Shaki Md. Shoaib and others Vs. Md. Kashem Ali Bhuiyan and others, 2011, 40 CLC (AD)
.... Court Division which shows that he has accepted the decree passed by the High Court Division. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 668. ......s through their learned Advocate, Mr. Rafiqul Islam Mukul, served a legal notice asking him to accept TK. 3,00,000.00 (three lakhs) within 7(seven) days, and execute and register the sale deed as per terms of the agreement. Defendant No.1 by giving a reply to the said legal notice under registered p...... (Civil) Present: Md. Muzammel Hossain J Surendra Kumar Sinha J Md. Abdul Wahhab Miah J Nazmun Ara Sultana J Syed Mahmud Hossain J Muhammad Imman Ali J Shaki Md. Shoaib and others…………………………….Petitioners Vs. Md. Kashem Ali Bhuiyan and others..Category: Property Law | Date: | Hits: 72
Bangladesh Legal Aid and Services Trust Vs. Bangladesh and others, 2007, 36 CLC (HCD)
....we find no merit in this Rule. In the result the Rule is discharged without any order as to costs. Tariq ul Hakim J.- I agree. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 203. ......d that they are not so disadvantaged people for which petitioner no. 1 was needed to come forward to vouch their case. It has further been contended that the said petitioner nos. 2-4 are bound by the terms and conditions of the lease agreement and for violation o which they can redress their grievan......s Case is also Reported in: 64 DLR (HCD) (2012) 203. ..Category: Property Law | Date: | Hits: 135
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