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Rabiul Alam and another Vs. Sree Bidhan Kumar Deb, Advocate, 1997, 26 CLC (HCD)
....fs within 90 days failing which the plaintiffs will be at liberty to have possession through Court. Send down the records at once. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 286. ......nged to one Binodi Lal Biswas a practicing Mukhtiar at Dinajpur and the plaintiffs acquired the same from the said Binodi Lal Biswas in exchange of their Indian property. Binodi Lal Biswas executed a power of attorney in favour of the plaintiffs’ in respect of the suit premises and some other prop......……………Petitioner Vs. Sree Bidhan Kumar Deb, Advocate………………………Opposite Party Judgment August 12, 1997. Result: The Rule is made absolute. Cases Referred to- Afroza Bewa and others Vs. Md. Jalaluddin Pramanik, 48 DLR (AD) 205; Abdus Sattar Vs. Mohiudd......n section 116 of the Evidence Act which has been elaborately discussed in 48 DLR (AD) 205. 12. The second point argued by Mr. Sircar is that the deed of exchange should have been between a Hindu migrant and a Muslim refugee/expelee of India but that is absent in the instant case. In view of the e..Category: Procedural Law | Date: | Hits: 74
Christian Service Society (CSS) Vs. First Labour Court, Chittagong and others, 2008, 37 CLC (HCD)
....itted illegality in deciding the case beyond its jurisdiction. Accordingly, the Rule is made absolute without any order as to cost. Ed. This Case is also Reported in: 63 DLR (HD) (2011) 125. ......lishment. (b) Employed in a managerial or administrative capacity: (c) Who being employed in a supervisory capacity performs by virtue of the duties attached to his office or by reason of the power given to him. Functions of managerial or administrative nature" (57 DLR 750). The definit.......................Petitioner Vs. First Labour Court, Chittagong and others................Respondents Judgment January 6, 2008. Result: The Rule is made absolute. Cases Referred to- 57 DLR 741; 28 DLR 473; 12 MLR 401; 7 BLC (AD) 119; 49 DLR (AD) 177; 49 DLR (AD) 161; 32 DLR ......itted illegality in deciding the case beyond its jurisdiction. Accordingly, the Rule is made absolute without any order as to cost. Ed. This Case is also Reported in: 63 DLR (HD) (2011) 125. ..Category: Labour and Industrial Law | Date: | Hits: 201
Mosharraf Hossaian and another Vs. State, 1977, 6 CLC (AD)
....e Code of Criminal Procedure in the Court of a competent Magistrate who will proceed in accordance with law. Steps be taken accordingly. Ed. This Case is also Reported in: 30 DLR (AD) (1978) 112.......e Code of Criminal Procedure in the Court of a competent Magistrate who will proceed in accordance with law. Steps be taken accordingly. Ed. This Case is also Reported in: 30 DLR (AD) (1978) 112.......n and another……………...Appellants Vs. The State...........................................Respondents Judgment May 25, 1977. Result: The appeal is allowed. Cases Referred to- Kabir Ahmed Vs. State, (1974) 26 DLR 44; Alam & ors. Vs. State, (1967) 19 DLR (SC) 242; C...... being dissatisfied with the judgment of the Supreme Court of their State, applied to the Court for leave to appeal to His Majesty in Council. The learned Chief Justice thought that leave ought to be granted but the other Judge differed. In accordance with the Order in Council of June 30, 1960, the ..Category: Criminal Law | Date: | Hits: 76
.... file concise statement within 6(six) weeks and 1(one) week thereafter the respondent shall file concise statement to make the appeal ready.
Ed.
This Case is also Reported in: 9 ADC (2012) 381....... file concise statement within 6(six) weeks and 1(one) week thereafter the respondent shall file concise statement to make the appeal ready.
Ed.
This Case is also Reported in: 9 ADC (2012) 381.......Omar Khayum and others....................Respondents (In Civil Petition No.1798 of 2010)
Order
August 9, 2011.
Result:
Leave is granted.
Lawyers Involved:
Rajik-Al-Jalil, Deputy Attorney General instructed by B. Hossain, Advocate-on-Record—For the Petitioners (In all the cases).........Respondents (In Civil Petition No.1490 of 2010)
Md. Omar Khayum and others....................Respondents (In Civil Petition No.1798 of 2010)
Order
August 9, 2011.
Result:
Leave is granted.
Lawyers Involved:
Rajik-Al-Jalil, Deputy Attorney General instructed by B. Hossain, A..
Category: Employment/Service Law | Date: | Hits: 133
Sona Miah and others Vs. Abed Ali and others, 2012, 41 CLC (AD)
.... final decree of the partition suit has not been passed. This civil petition for leave to appeal be disposed of with the above observation. Ed. This Case is also Reported in: 9 ADC (2012) 377.......mong the co-sharers as per order and direction of the court and to allot such shares to the parties of the suit; that the appellate court below, therefore, has committed illegality in delegating this power of the court to the advocate commissioner to determine the validity and genuineness of the d......nior Advocate instructed by Syed Mahbubur Rahman, Advocate-on-Record —For Respondent Nos.118, 119 and 228. Respondent Nos.1-117, 120-223 and 229 —Not represented. Civil Petition for Leave to Appeal No.1849 of 2010. (From the judgment and order dated 10.02.2010 passed by the High Court...... have been affirmed by the Appellate Division in Civil Petition for leave to Appeal Nos.1461-1463 of 2005. The learned Senior Counsel has conceded also that in the circumstances there is no scope for granting leave in this leave petition. Dr. Rafiqur Rahman, however, has prayed for expunction of few..Category: Property Law | Date: | Hits: 84
Md. Hanifuddin and another Vs. Abdul Mannan and others, 2012, 41 CLC (AD)
....Court in accordance with Rules. The parties are directed to maintain status-quo in respect of the suit land till disposal of the appeals. Ed. This Case is also Reported in: 9 ADC (2012) 372.......Court in accordance with Rules. The parties are directed to maintain status-quo in respect of the suit land till disposal of the appeals. Ed. This Case is also Reported in: 9 ADC (2012) 372.......tition Nos. 2512 & 2514 of 2009) Respondent Nos.5-8—Not represented (In Civil Petition Nos. 2512 & 2514). Respondents—Not represented (In Civil Petition No. 2513). Civil Petition tor Leave to Appeal Nos.2512-2514 of 2009. (From the judgment and order dated 19.07.2009 passed ......n Civil Petition No. 2512 & 2514 of 2009) Jahir Uddin and others..........................Respondents (In Civil Petition No. 2513 of 2009) Order February 9, 2012. Result: Leave is granted in all the three civil petitions. Lawyers Involved: Abdul Baset Majumder, Senior Advoc..Category: Property Law | Date: | Hits: 68
Nur Mohammad Bhuiyan and others Vs. Aysha Khatoon and others, 2011, 40 CLC (HCD)
....ated 8.11.1986 of the Munsif (now Assistant Judge), First Court, Chandpur in Title Suit No. 51 of 1983 are restored. Send down the lower Courts’ records. Ed. This Case is also Reported in: ......he officer so authorized shall pass an order directing the mortgagee to restore possession of the mortgaged land to the applicant and to deliver up to the applicant all documents in his possession or power relating to the mortgaged land by such date as may be fixed in the order. (5) If the mortga......High Court Division (Civil Revisional Jurisdiction) Present: Md. Ruhul Quddus J Nur Mohammad Bhuiyan being dead his heirs Rumana and others ................ Petitioners Vs. Aysha Khatoon and others ................................................................... Opposite Parties......ated 8.11.1986 of the Munsif (now Assistant Judge), First Court, Chandpur in Title Suit No. 51 of 1983 are restored. Send down the lower Courts’ records. Ed. This Case is also Reported in: ..Category: Property Law | Date: | Hits: 87
Government of Bangladesh and others Vs. Md. Salim Reza, 2003, 22 CLC (AD)
....and other benefits to the employees including the respondent. In that view of the matter, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: ......l Surgeon Jessore was appointed as Project Director under the care and contract of the Ministry of Health and Family Planning, Government of Bangladesh the appellant nos.1 to 6 decided to recruit man power of the upgrade hospital for opening the Hospital and accordingly created 142 gazetted and non-...... Vs. Md. Salim Reza……………………..…………………………………………Respondent Judgment January 29, 2003. Result: The appeal is dismissed. Cases Referred to- Dipti Prakash Banerjee Vs. Satyendra Nath Bose National Centre for Basic Sciences, (1999) 3 S......cluding the respondent and after detection of the irregularities and bungling in the appointments the appointment orders of the appointees were cancelled. 4. The rule was made absolute. Leave was granted on additional grounds submitted by the learned Additional Attorney General for the appellant..Category: Employment/Service Law | Date: | Hits: 155
....he suit land in favour of appellants through court.
The office is directed to send down the lower Court’s record at once.
Md. Rais Uddin J. - I agree.
Ed.
This Case is also Reported in:
......fendants decree holder from enjoyment of the fruit of the decree. In the meantime 16 years have passed under the coverage of the instant vexatious litigation. In view of the above and in applying our power conferred under section 35A of the Code of Civil Procedure, we award a cost at taka 1,00,000/-......t-Appellants
Vs.
M/S. Imperial Chemical Industries Bangladesh Limited………………Plaintiff-Respondent
Judgment
March 20, 2011.
Result:
The appeal is allowed.
Cases referred to-
19 DLR (SC) 143; 28 DLR (HD) 392.
Lawyers Involved:
Fazlul Karim with Md. Omar Faruk - ......ithdraw that amount before getting the kabala deed executed and registered. It was the further case of the plaintiff that the defendant No. 1 and 2 failed to deposit soletium within the time limit as granted by the Appellate Division and as such they were not entitle to get any deed executed and reg..
Category: Property Law | Date: | Hits: 113
Sree Nitta Nando Dey and others Vs. Nogendra Krishna Kundu and another, 2011, 40 CLC (HCD)
....nd Court, Munshiganj in Title Appeal No. 119 of 1994 are hereby set aside and those of the trial Court are restored. Send down the lower Courts’ records. Ed. This Case is also Reported in: ......n of the expert’s opinion. 12. The appellate Court also missed that the sale agreement was an unregistered one, which could be executed anywhere at the parties’ convenience. The plaintiff by a power of attorney appointed his son Ram Chandra Dey, who deposed on his behalf as P.W.1. This is not......vil Revision No. 678 of 1999. Judgment Md. Ruhul Quddus J. - This Rule at the instance of plaintiff-respondents was issued on an application under section 115 (1) of the Code of Civil Procedure to examine the legality of judgment and decree dated 28.9.1998 (decree signed on 5.10.1998) passed b......nd Court, Munshiganj in Title Appeal No. 119 of 1994 are hereby set aside and those of the trial Court are restored. Send down the lower Courts’ records. Ed. This Case is also Reported in: ..Category: Property Law | Date: | Hits: 76
S. M. Basiruddin Vs. Zahurul Islam Chowdhury and another, 1982, 11 CLC (AD)
....e appeal is allowed with cost, the orders allowing preemption are set aside and the application for pre-emption is dismissed. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 230. ......ht with a view to assessment of compensation regarding interests of all rent-receivers which are liable to be acquired and which have already been acquired under Chapter II of the Act. Section 17 empowers the Government to make an order for preparation of record-of-rights. Section 18 provides th......Islam Chowdhury and another…………………Respondents Judgment December 14, 1982. Result: The appeal is allowed and the application for pre-emption is dismissed. Cases Referred to- Brindaban Chandra Chowdhury Vs. Mosammat Rezia Begum (1964) 16 DLR 77; Ram Charan Sutradhar V......as partitioned by the decree in Title Suit No.126 of 1946 between Akshoy Kumar Saha Banik and Rangubala Choudhurani; and that a separate tenancy was created in favour of Ayesha Khatun by Rangubala by granting permanent lease for 99 years, reserving for herself annual rent of Tk. 1/-; and that Ayesha..Category: Property Law | Date: | Hits: 85
Ismail Vs. State, 2009, 38 CLC (HCD)
....the Metropolitan Magistrate, Dhaka is set aside and the convict-appellant–petitioner is discharged from his bail bond. Send down the L.C. record at once. Ed. This Case is also Reported in: ......tia and the conviction was given against him. The learned counsel further submits that the petitioner with a view to go to Saudi Arabia for a Job, had deposited his passport on a good faith to the Manpower businessman wherefrom no positive response was received by the petitioner even after waiting f...... Opposite party Judgment April 30, 2009. Result: The rule is made absolute. Lawyers Involved: Hamida Chowdhury, Advocate - For the Convict-Petitioner. Maksuda Akhter, Assistant Attorney General - For the Opposite party. Criminal Revision No. 91 of 2005. Judgment Mashuqu......the Metropolitan Magistrate, Dhaka is set aside and the convict-appellant–petitioner is discharged from his bail bond. Send down the L.C. record at once. Ed. This Case is also Reported in: ..Category: Criminal Law | Date: | Hits: 92
Zillul Haq and others Vs. Maloti Bala Dey & others, 1998, 27 CLC (HCD)
.... for his perusal and necessary action. The order of stay earlier granted by this Court stands vacated. Send down the LCR at once. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 367.......t a vested property. The plaintiff contended that she has title and possession in the suit property and, as such, the defendants have no right to disturb her lawful possession by exercising executive powers. 3. Defendant Nos.1-2 Government of Bangladesh and ADC (Revenue) respectively contested th......osite party No.1 (Ka) as plaintiff instituted a suit in the Court of the Subordinate Judge, Sylhet being Title Suit No.151 of 1977, subsequently renumbered as Title Suit No.174 of 1992 on transfer to the Court of Assistant Judge Sylhet praying for a declaration that the orders dated 13-11-1976 a......n the basis of the will duly executed by Binode Bihari Das in her favour as far back as in 1962 and she has rightful possession in the suit property on the basis of the Letters of Administration duly granted by a competent civil Court. The learned Additional District Judge further found that the pla..Category: Property Law | Date: | Hits: 88
Halima Jaman and other Vs. Government of Bangladesh, 1998, 27 CLC (HCD)
.... 1 of the CPC. We find no merit in this application for review. The Rule is accordingly discharged without any order as to costs. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 352. ...... and fabricated document created for filing a suit for specific performance of contract. Subsequently the written statement of defendant No.1 A Satter Solaiman was struck off by the court because the power of Attorney of the defendant had not been validated in Bangladesh and the written statement of......f Bangladesh and others, 16 BLD (AD) 9 = 48 DLR (AD) 178. Lawyers Involved: Khandakar Mahbubuddin Ahmed with SM Munir, Fida M Kamal, Advocates - For Petitioner. SM Rezaul Karim Assistant Attorney-General - For the Respondent. Civil Rule No. 404(f) of 1995. Judgment Md. Abdul Ka...... 1 of the CPC. We find no merit in this application for review. The Rule is accordingly discharged without any order as to costs. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 352. ..Category: Property Law | Date: | Hits: 89
Mokthar Masum Abedin and others Vs. Nironjan Kumar Mondol and others, 1997, 26 CLC (HCD)
....dant, or whose presence before the Court may be necessary in order to enable the Court effectually and completely to adjudicate upon and settle all the questions involved in the suit. The exercise of discretionary power on the question of addition of party under rule 10(2) of Order 1 of the Code is ...... Order 22, rule 10 of the Code then also, the Civil revision can be converted into a Miscellaneous appeal under Order 43, rule 1(1) of the Code. In the ends of justice the High Court Division has the power to treat an application of Revision as an appeal and vice versa a memorandum of appeal as an a......Civil Procedure, the pendente lite-transferee-petitioners question the propriety of the order dated August 2, 1993 passed by the learned Assistant Judge, Sathkhira in Title Suit No.4 of 1991 refusing to implead them as defendants in a Suit for declaration of title and confirmation of possession and ......tation of a particular section or Order or Rule in the heading cannot stand in the way of the said application being considered to be under the relevant law and them cannot be any ground to refuse to grant the proper relief or reliefs to which a litigant public under the law is entitled to have in h..Category: Procedural Law | Date: | Hits: 74
Ziauddin Ahmed Vs. Bangladesh,1994, 23 CLC (HCD)
.....92 issued by the respondent No. 1 under the signature of respondent No. 3 to be without any lawful authority and is of no legal effect. Ed. This Case is also Reported in: 47 DLR (HCD) (1995) 29.......o issue any passport to him. We find that no reasons as to the inability of the Government have been mentioned in this Memo. Under the provision of Article 4(2) of the Bangladesh Passport Order, 1973 power has been given to the authority for refusal to issue passport or travel document to an applica......Bangladesh Sachibalaya, Dhaka and Others………………………………………………….Respondents Judgment April 17, 1994. Result: The Rule is made absolute. Cases Referred to- Syed Mokbul Hossain Vs. Government of Bangladesh, 44 DLR 39; Begum Monsura Rahman Mohiuddin V......se of three ATP Aircrafts were approved which caused loss to the State. 3. The petitioner preferred miscellaneous case Nos. 578 and 579 of 1991 before the High Court Division for bail and bail was granted to the petitioner in both the cases. Thereafter, the petitioner instituted Criminal Revision..Category: Constitutional Law | Date: | Hits: 238
Mayurer Nessa and others Vs. Julekha Khatoon and others, 1994, 23 CLC (HCD)
....ees of the Courts below are modified and the suit is decreed in part in preliminary form in terms of compromise petition dated 4.3.1964. Ed. This case is also Reported in: 47 DLR (HCD) (1995) 26.......ees of the Courts below are modified and the suit is decreed in part in preliminary form in terms of compromise petition dated 4.3.1964. Ed. This case is also Reported in: 47 DLR (HCD) (1995) 26.......6.......ees of the Courts below are modified and the suit is decreed in part in preliminary form in terms of compromise petition dated 4.3.1964. Ed. This case is also Reported in: 47 DLR (HCD) (1995) 26...Category: Procedural Law | Date: | Hits: 85
Santosh Kumar Paul Vs. Nuruddin Ansari, 1993, 22 CLC (HCD)
....ppellant Santosh Kumar Paul. 17. Nextly, it is contended by the learned Advocate for the appellant that relief for specific performance of contract under section 22 of the Specific Relief Act is a discretionary one and even if the agreement or Bainapatra was found to be a genuine one, still then ......risdiction to entertain a second appeal on the ground of erroneous finding of fact, however gross or inexcusable the error may seem to be; and they added a note of warning, that no Court in India has power to add or enlarge the grounds specified in section 100. The learned Advocate for the responden......nt down expeditiously. Ed. This Case is also Reported in: 47 DLR (HCD) (1995) 70.......e Specific Relief Act which reads as follows: "22. Discretion as to Decreeing Specific Performance.- The jurisdiction to decree specific performance is discretionary, and the Court is not bound to grant such relief merely because it is lawful to do so; but the discretion of the Court is not arbit..Category: Procedural Law | Date: | Hits: 129
Lt. Cdr (Retd) AHM Mahmud Vs. Masud Ahmed, 2010, 39 CLC (HCD)
.... the petitioner within 3(three) months from receipt of a copy of this judgment. Let a copy of this judgment be communicated at once. Ed. This Case is also Reported in: 63 DLR (HD) (2011) 149. ...... in particular since many years were lost in the course of executing the writ petition due to the fault of the petitioner. By reference to President Order, 94 of 1972 Article-6 he points out that the power to deal with the petitioner lies only with the Board and only certain powers are delegated to ......er Vs. Masud Ahmed……………………………………………….Contemnor-Respondents Judgment August 10, 2010. Result: The Rule is made absolute in part. Cases Referred to- Mirza Shamsuddin Beg Vs. Bangladesh, 41 DLR 356; Rangpur Palli Bidyut Samity-1 Vs. Md. Ali Re......of the petitioner from his office from 11-3-1991 till the date when he was allowed to rejoin was neither absence without permission nor had he overstayed his leave. He had neither applied for nor was granted leave by his employer. He was simply prevented from continuing his job and was not allowed..Category: Employment/Service Law | Date: | Hits: 156
Abdus Sattar and another Vs. Md. Ali Hossain Prodhan, 2009, 38 CLC (HCD)
....er as to cost. The order of stay granted earlier by this Court stands vacated. Office is directed to communicate the order at once. Ed. This Case is also Reported in: 63 DLR (HD) (2011) 147.......t Judge, Dhaka. Thereafter the same was transferred to the first Court of Additional District Judge, Dhaka, for disposal. After promulgation of Act 35 of 2003 the learned District Judge by exercising power under section 8 of the Act transferred the appeal from the first Court of Additional District ......instance of defendant respondent petitioners, calls in question the legality and propriety of the order dated 27-9-2006 passed by learned Special District Judge, and Paribesh Adalat, Dhaka refusing to comply the order dated 6-6-2006 passed by learned District Judge, Dhaka. 2. Material facts are......from no illegality or impropriety calling for interference by this Court. Thus the Rule having no merit fails. In the result, the Rule is discharged without any order as to cost. The order of stay granted earlier by this Court stands vacated. Office is directed to communicate the order at on..Category: Civil Law | Date: | Hits: 95
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