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Padmabati Biswas Vs. Banglasdesh and others, 1992, 21 CLC (HCD)
....on contest against respondent No.1 and ex parte against the rest. Considering the circumstances there shall be no order as to costs. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 465. ......Court Division (Civil Appellate Jurisdiction) Present: Mohammad Ismailuddin Sarker J Badrul Islam Chowdhury J Padmabati Biswas………………………Appellant Vs. Banglasdesh and others ………………………Respondents Judgment June 28, 1992. Result: The ap......ndant Nos.43 and 44 filed one joint written statement while defendant Nos.45‑48 filed another. Defendant Nos.48A to 50 filed another set of written statements claiming some land out of the disputed property but by a joint petition dated 2‑10‑61 defendant Nos.31‑37 and 43‑51 came to a compr......on contest against respondent No.1 and ex parte against the rest. Considering the circumstances there shall be no order as to costs. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 465. ..Category: Property Law | Date: | Hits: 118
Chairman, Chittagong Port Authority, Chittagong Vs. Kalipada Dey & others, 1986, 15 CLC (HCD)
....t, the Rule is made absolute without any order as to costs and the impugned order is set aside. Mohammed Abdur Rouf J. - I agree. Ed. This Case is also Reported in: 39 DLR (HCD) (1987) 39. ......s Referred to- Bangladesh Fishermen’s Cooperative Society Ltd. Vs. The Chairman, Labour Court, Chittagong, 27 DLR (1975) 367; Khulna Tobacco Industries Limited Vs. Chairman, Labour Court, Khulna and another, 29 DLR (1977) 148; Manager, Sonali Jute Mills Ltd. Vs. Secretary, Sonali Jute Mills Wor......uthority is a statutory body and that the promotion of employees are made according to the Rules and the Traffic Inspectors are promoted from amongst the senior staffs of different categories through proper selection in consideration of the requisite eligibility and qualification. The respondents ......tence of industrial dispute unless it is raised by a collective bargaining agent in the prescribed manner, namely, by negotiation (section 26), conciliation (section 29), arbitration (section 31) and adjudication by Labour Court (section 35).......Exercise of the jurisdiction of the Labour Court und..Category: Labour and Industrial Law | Date: | Hits: 204
Wing Commander M Hamidullah Khan Bir Protik Vs. Bangladesh and others, 2011, 40 CLC (HCD)
.... against the petitioner, if he is so advised. In the facts and circumstances above, the instant writ petition is rejected summarily. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 491.......s Case is also Reported in: 63 DLR (HCD) (2011) 491....... directed to produce a list of 3 millions martyrs who made the highest sacrifice in the War of Liberation in 1971 and/or such other or further order or orders passed as to this Court may seem fit and proper. The Rule is made returnable within 4(four) weeks from date. Order of the Court Sinc...... against the petitioner, if he is so advised. In the facts and circumstances above, the instant writ petition is rejected summarily. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 491...Category: Constitutional Law | Date: | Hits: 314
Mohiuddin Ahmed and others Vs. Government of Bangladesh and others, 2011, 40 CLC (HCD)
....r as to costs. The order of stay granted earlier by this Court is vacated. Send a copy of this Judgment to the trial Court below. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 504.......ase is also Reported in: 63 DLR (HCD) (2011) 504.......51 of the Code of Civil Procedure. The defendant's case, in short, is that the father of the defendant Nos.7-9 Anil Ranjan Shyam filed Title Suit No.68 of 1984 praying for declaration that the suit property was not enemy property and the Enemy Case No.58 of 1966-67 was illegal that the said suit w......r as to costs. The order of stay granted earlier by this Court is vacated. Send a copy of this Judgment to the trial Court below. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 504...Category: Property Law | Date: | Hits: 121
GSH Jamal Vs. Surraiya Jabeen and others, 2010, 39 CLC (HCD)
....aulter for nonpayment of rent or non making a valid deposit. It has further been held by the apex Court that ‘the WASA charges was not part of rent and deposit made as in the instant case was not a complete or valid deposit. In this respect the landlord may have alternative way of recovering the s......gh Court Division (Civil Appellate Jurisdiction) Present: Mirza Hussain Haider J Abu Zafor Siddique J GSH Jamal………………………Defendant-Appellant Vs. Surraiya Jabeen and others……………………Plaintiff-Respondents Judgment June 10, 2010. Result: ......he assent of the landlords, impliedly not expressly", to such continuance of possession. As such the tenant after 31-12-1996 continued the tenancy by "holding over". Once the tenant posses the suit property by holding over the terms and condition of the agreement automatically comes into operati......9 is hereby discharged. The ad interim order granted earlier in the Rule is also vacated. Send down the lower Court records at once. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 493...Category: Tenancy Law | Date: | Hits: 190
Director General, Bangladesh Railway and others Vs. Niaz Mohammad Ali and others, 2012, 41 CLC (AD)
....llowed a benefit to somebody and denying the same to the others who are similarly situated was ‘hostile discrimination’ and application of ‘double standard’. After allowing the petitioners to complete 47 days’ training out of 60 days the writ respondents were bound to allow them to complet...... (Civil) Present: Md. Muzammel Hossain CJ Surendra Kumar Sinha J Md. Abdul Wahhab Miah J Nazmun Ara Sultana J Muhammad Imman Ali J The Director General, Bangladesh Railway and others……….Petitioners Vs. Niaz Mohammad Ali and others....................................ration of Bangladesh Railway”. Security of Tk. 1000/- is to be deposited within 1 (one) month. Preparation of paper book, as prayed for, is dispensed with. This Case is also Reported in: ......ration of Bangladesh Railway”. Security of Tk. 1000/- is to be deposited within 1 (one) month. Preparation of paper book, as prayed for, is dispensed with. This Case is also Reported in: ..Category: Employment/Service Law | Date: | Hits: 222
....mpugned judgment and decree are sustainable in law?
19. Admittedly the suit property were acquired vide LA Case No.41/3 of 1960-61 by Government for rehabilitation of the refugees. Acquisition was completed vide exhibit-7, the gazette notification. In the case law reported in 6 MLR (AD) 41, it ha......
Present:
Shahidul Islam J
Md. Rais Uddin J
Administrative Officer, Housing Settlement, Chittagong & others……………….Defendant-Appellants
Vs.
Abdur Rashid Chowdhury and others................Respondents
Judgment
May 10, 2011.
Result:
The appeal is allow......No.143 of 2001 decreeing the suit against the defendant No.7 and 8 on contest and ex parte against the rest and declaring that the plaintiff respondent Nos. 1-17 are entitled to get lease of the plot/property in their favour with the valuation presently Taka 6 Lakh per bigha.
2. Facts relevant fo......et aside. The suit is dismissed without any order as to costs.
The office is directed to send down the lower Court's record at once.
Ed.
This Case is also Reported in: 63 DLR (HCD) (2011) 479...
Category: Property Law | Date: | Hits: 118
Shahidul Islam Vs. State and another, 2011, 40 CLC (HCD)
....l of the transaction of same nature and between same parties is not permissible rather is no provision of single trial in this Act. Moreover, section 233 of the Code of Criminal Procedure does not completely debar from holding joint trial. This section has some exceptions. Section 235 is excep...... Court High Court Division (Criminal Revisional Jurisdiction) Present: Quamrul Islam Siddiqui J JBM Hassan J Shahidul Islam…………………………Petitioner Vs. State and another…………………………Opposite parties Judgment March 16, 2011. Result: ......charge against the accused-petitioner under section 138 of the Negotiable Instruments Act should not be set aside and/or such other or further order or orders passed as to this Court may seem fit and proper. 2. Relevant facts for disposal of the Rule are that the opposite party No.2 as complainan......Case No.124 of 2007 is hereby affirmed. The order of stay passed at the time of issuance of the Rule is hereby recalled and vacated. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 471. ..Category: Procedural Law | Date: | Hits: 114
Dr. Md. Rahmat Ali Vs. State, 2011, 40 CLC (HCD)
....er is discharged from his bail bond. Send down the lower Courts record and a copy of the judgment and order to the Court concerned. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 452. ......or the State. Criminal Revision No.1062 of 2007. Judgment Salma Masud Chowdhury J.- This Rule was issued calling upon the Deputy Commissioner, Dinajpur, to show cause as to why the judgment and order Dated 12-8-2007 passed by the learned Special Sessions Judge, Dinajpur in Criminal Appeal ......akari Aporadh (Druto Bichar) Adalat, Dinajpur in Hakimpur PS case No.5, dated 13-3-2007 should not be set aside and or such other or further order or orders passed as to this Court may seem fit and proper. 2. The prosecution case, in short, is that on 13-3-2007 at 17-15 hours the informant Anzu......er is discharged from his bail bond. Send down the lower Courts record and a copy of the judgment and order to the Court concerned. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 452. ..Category: Criminal Law | Date: | Hits: 87
Ganendra Nath Mondal Vs. Kalipada Mondal and another, 2011, 40 CLC (HCD)
....ght of the observations made in this judgment. Send down the lower Court record at once with a copy of this judgment for compliance. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 449....... Supreme Court High Court Division (Civil Revisional Jurisdiction) Present: Nozrul Islam Chowdhury J Ganendra Nath Mondal………………………Petitioner Vs. Kalipada Mondal and another………………………Opposite Parties Judgment January 11, 2011. Result: ...... Court while reversing the same did neither advert to the finings arrived at by the trial Court nor did he consider the evidence adduced in the case as such the impugned judgment of reversal is not a proper judgment of reversal in the eye of law as such the same amounts to error of law which has res......ght of the observations made in this judgment. Send down the lower Court record at once with a copy of this judgment for compliance. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 449...Category: Property Law | Date: | Hits: 79
....artment of the Government, Ministry of Communication (Road and Railway Division). The Company has been constructing bridges and culverts for long 27 years under the Government. It has successfully completed construction of many bridges. At the moment it is engaged in constructing Moheshkhali Bri......sent:
MA Aziz J
Md. Shamsul Huq J
Al-Amin Construction Co. Ltd..........................................................Petitioner
Vs.
Government of the People's Republic of Bangladesh and others……………Respondents
Judgment
May 10, 2001.
Result:
The Rule is dispo......enable right of every citizen, wherever he may be, and of every other person for the time being within Bangladesh, and in particular no action detrimental to the life, liberty, body, reputation or property of any person shall be taken except in accordance with law."
18. Mr. Khondaker argued......l the bidders which are awaiting acceptance by the Government.
In the result, the Rule is disposed of with the dove observations.
Ed.
This Case is also Reported in: 55 DLR (HCD) (2003) 510.
..
Category: Others | Date: | Hits: 207
Matiur Rahman (Md.) Vs. Bangladesh & others, 1998, 27 CLC (HCD)
....tioners vide Annexure-Z(3) of the writ petition. Considering 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) 357. ......sh Vs. Saifuddin Ahmed, 50 DLR (AD) 27; 3 BLC (AD) 6. Lawyers Involved: M Amir-ul Islam, Advocate - For the Petitioner AM Aminuddin, Assistant Attorney-General - For the Respondent Nos. 1, 5 and 6. Mahmudul Islam, Advocate - For the added-Respondent Nos. 7-10. Abdur Rab Chowdhury, Adv......ustoms and Excise) Cadre and if so how should their seniority be determined. After receiving the reply from the Ministry of Establishment a final decision could be made about these officers on making proper evaluation about their performance whilst under deputation.” 13. A copy of the minutes o......tioners vide Annexure-Z(3) of the writ petition. Considering 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) 357. ..Category: Employment/Service Law | Date: | Hits: 216
Rehanuddin & others Vs. Abdul Hakim Maser and others, 1986, 15 CLC (HCD)
....cted to hear and dispose of the application under section 151 C.P.C. on merits after giving the parties opportunity to adduce evidence. Ed. This Case is also Reported in: 39 DLR (HCD) (1987) 21.......Comillah Bench) (Civil Revisional Jurisdiction) Present: Nurul Huque Bhuiyan J Rehanuddin & others………………………………………Petitioners Vs. Abdul Hakim Maser and others…………………….Opposite-Parties Judgment September 14, 1986. Result: ...... 151 of the Civil Procedure code could not be thrown out in limine on the ground of maintainability and the learned Subordinate Judge should have treated the application under section 151 C.P.C. as a proper application and should have heard and disposed of it on merits. In the result, the rule is......cted to hear and dispose of the application under section 151 C.P.C. on merits after giving the parties opportunity to adduce evidence. Ed. This Case is also Reported in: 39 DLR (HCD) (1987) 21...Category: Procedural Law | Date: | Hits: 106
Joinal Abedin Jamal and others Vs. Noor Afza, 2010, 39 CLC (HCD)
....are not inclined to entertain this technical objection at this stage. In the present appeal the appellants did not raise any objection at any stage before any forum and they allowed the Arbitrator to complete the proceeding and pass the award. So having regard to the aforesaid decisions their object......eported in: 63 DLR (HCD) (2011) 432. ...... station, fully described in the Agreement (Bainapatra) (subsequently described as the arbitral agreement), executed between the appellants and the present respondent on 4-8-1999 for sale of the said property at a consideration of Taka 3,68,00,000. As per terms of the said agreement, the present res......nd any merit in this appeal. Hence the appeal is dismissed and the connected Rule is also discharged without any order as to cost. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 432. ..Category: Alternative Dispute Resolution | Date: | Hits: 251
Anowar Hossain & others Vs. Abul Hossain Molla & others, 1991, 20 CLC (HCD)
....side and those of the decree and judgment passed by the trial Court are restored. In view of this fact I make no order as to cost. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 597....... Abul Hossain Molla & others…………..Respondents. Judgment May 7, 1991. Result: The appeal is allowed. Case Referred To- Habibur Rahman Vs. Abdul Wadud and others, 21 DLR page 382. Lawyers Involved: Abdul Hamid Chowdhury, Advocate-For the A......uit for a declaration of title and confirmation of possession in respect of the land described in the schedule of the plaint. The case as set up in the plaint may briefly be stated thus: 3. The properties described in schedule Ka to Uma in the plaint was originally owned and possessed by Jamar......can do it to see that he act judicially. It enables the High Court to judge whether the 1st appellate court had independently considered the case with consciousness of relevant points which arose for adjudication. It is also afford the parties opportunity of knowing the grounds of decision to enable..Category: Property Law | Date: | Hits: 122
Abdul Aziz Vs. State, 1990, 29 CLC (HCD)
.... the reasons stated above, this appeal has no merit. Accordingly, I dismiss the appeal in limine on the ground of incompetency. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 594. ....... No One ‑ For the Respondent. Criminal Appeal No. 49 of 1989. Judgment AM Mahmudur Rahman J.- This is an appeal at the instance of the informant from an order of conviction and sentence passed against the accused‑Respondents Jahangir Alam and Sarwar passed by the Session....../34 of the Penal Code and acquitted them of the charge. 6. Mr. Gour Gopal Saha submits that the court of first instance committed an illegality leading to miscarriage of justice in not awarding proper sentence against the Respondents. He has taken me through the judgment of the court below and...... the reasons stated above, this appeal has no merit. Accordingly, I dismiss the appeal in limine on the ground of incompetency. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 594. ..Category: Criminal Law | Date: | Hits: 110
Pubali Bank Limited Vs. Monsur Ali Akanda and others, 1990, 29 CLC (HCD)
....ase may be, paid in lieu of such notice: Provided further that the worker whose employment is so terminated, shall be paid by the employer compensation at rate of fourteen days' wages for every completed year of service or for any part thereof in excess of six months in addition to any other b......urt High Court Division (Civil Revisional Jurisdiction) Present: Bimalendu Bikash Roy Chowdhury J Pubali Bank Limited ............Petitioner Vs. Monsur Ali Akanda and others………….Opposite Parties Pubali Bank Limited…….......Petitioner ......he Labour Court, established under the Industrial Relations Ordinance, 1969 as amended up to date. I do thus agree with Mr. Zainal Abedin that the plaintiffs are workers, that the Labour Court is the proper forum for redress of their grievance and that civil Court has no jurisdiction to entertain th......nd the suits are dismissed as being barred by law. Regard being had to the facts of the case I, however, make no order as to costs. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 589...Category: Labour and Industrial Law | Date: | Hits: 176
....ction 95A of the State Acquisition and Tenancy Act, 1950 before the Local Thana Magistrate, the Respondent 4, for redemption of the disputed property on the ground that the transfer of the land was a complete usufructuary mortgage. The Respondent 4 on contest allowed the same by his order dated 19.3......n)
Present:
AM Mahmudur Rahman J
Mahfuzur Rahman J
Rup Charan Das @ Sree Rupcharan Das & another................Petitioners
Vs.
Government of the People's Republic of Bangladesh and others.............Respondents
Judgment
May 21, 1995.
Result:
The application is rej......ioner filed Miscellaneous Cases No.22‑26 of 1984 under section 95A of the State Acquisition and Tenancy Act, 1950 before the Local Thana Magistrate, the Respondent 4, for redemption of the disputed property on the ground that the transfer of the land was a complete usufructuary mortgage. The Respo......aintainability of this writ petition.
For the above discussion, this application is rejected summarily without any order as to costs.
Ed.
This Case is also Reported in: 48 DLR (HCD) (1996) 94...
Category: Property Law | Date: | Hits: 95
KM Mahmudur Rahman and others Vs. State, 1995, 24 CLC (HCD)
....ings of the Marine Court. In the result, the Rule is discharged and order of stay stands vacated. Send down the LC records at once. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 92. ......s also Reported in: 48 DLR (HCD) (1996) 92. ......by the prosecuting Officer on 26.11.88 there was no Government order for revival of the case and before the revival of the said case Government order was received and in pursuance of the said order a proper application for revival was filed by the said prosecuting officer through the said appointed ......ings of the Marine Court. In the result, the Rule is discharged and order of stay stands vacated. Send down the LC records at once. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 92. ..Category: Criminal Law | Date: | Hits: 88
M/s. Adamjee Jute Mills Ltd. Vs. Chairman, 3rd Labour Court and another, 1986, 15 CLC (HCD)
....dent No.1 shall thereafter try and dispose of the I.R.O. case in question in accordance with law. AM Mahmudur Rahman J. - I agree. Ed. This Case is also Reported in: 39 DLR (HCD) (1987) 11. ......ginal Jurisdiction) Present: Mustafa Kamal J AM Mahmudur Rahman J M/s. Adamjee Jute Mills Ltd.…………………….....................Petitioner Vs. Chairman, 3rd Labour Court and another.....................Respondent Judgment July 20, 1986. Result: The Rule is ......t the defendant may still fail to file a written statement. In a large majority of cases the trial Courts invariable fix cases for ex-parte hearing, if the defendant so fails. This, however, is not proper, because a case can be fixed for ex-parte hearing only under Order IX, rule 6 and Order XVII,......dent No.1 shall thereafter try and dispose of the I.R.O. case in question in accordance with law. AM Mahmudur Rahman J. - I agree. Ed. This Case is also Reported in: 39 DLR (HCD) (1987) 11. ..Category: Procedural Law | Date: | Hits: 180
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