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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. ...... 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. ......eque............................Petitioner Vs. Abdur Noor and others…….............Opposite Parties Judgment February 22, 1995. Result: The Rule is discharged. Case Referred to- Lutfun Nahar Vs. Syeeda Hashmat Ara Begum, 21 DLR 633. Lawyers Involved: MA Matin with ...... 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. ..

Category: Property Law | Date: | Hits: 52

Benode Behari Mondal Vs. Arabinda Sarder and others, 1995, 24 CLC (HCD)

....spose of the appeal within 3(three) months from the date of receipt of the record. The lower court records be sent down immediately. Ed. This Case is also Reported in: 49 DLR (HD) (1997) 72. ......spose of the appeal within 3(three) months from the date of receipt of the record. The lower court records be sent down immediately. Ed. This Case is also Reported in: 49 DLR (HD) (1997) 72. ......l No.69 of 1942 are illegal, void and not binding upon the plaintiffs and also for setting aside the same. 3. The case of the plaintiffs. in short, is that lands of CS Khatian No. 82 corresponding to SA Khatian No.116 originally belonged to Aviram Sarder and Rupchan Sarder and others and predeces......spose of the appeal within 3(three) months from the date of receipt of the record. The lower court records be sent down immediately. Ed. This Case is also Reported in: 49 DLR (HD) (1997) 72. ..

Category: Property Law | Date: | Hits: 51

Amjad Hossain and others Vs. State and another, 1995, 24 CLC (HCD)

....terfere with the same. In the result, the Rule is discharged and the order of stay stands vacated. Send back the LC records at once. Ed. This Case is also Reported in: 49 DLR (HD) (1997) 64. ......, we find there is no bar in preferring a revision by an informant against an order of acquittal in a GR case if the State did not prefer any appeal against such order. As regards the exercise of the power of revision against an order of acquittal, the only bar is that the revisional court cannot co......€¦Petitioners Vs. State and another……………………………………………..Opposite Parties Judgment November 14, 1995. Result: The Rule is discharged. Case Referred to- Kashem Ali Vs. The State & others 1989 BLD (AD) 13. Lawyers Involved: Ayenuddin, Ad......terfere with the same. In the result, the Rule is discharged and the order of stay stands vacated. Send back the LC records at once. Ed. This Case is also Reported in: 49 DLR (HD) (1997) 64. ..

Category: Criminal Law | Date: | Hits: 82

Nasima Akhter (Papi) Vs. Government of the Peoples Republic of Bangladesh, represented by the Secretary, Ministry of Home Affairs, 1994, 23 CLC (HCD)

....opposite party No.3, the Superintendent, Dhaka Central Jail, Dhaka is directed to report compliance with the above order to this court. Ed. This case is also Reported in: 49 DLR (HD) (1997) 57. ......period of detention of 120 days vide order of the Government dated 6-11-93 as illegal, the subsequent order of the Government dated 1-12-93 was clearly a mala fide action and a colourable exercise of power. He further submits that the grounds taken by the detaining authority for the subsequent order.....................opposite parties Judgment January 6, 1994. Result: The Rule is made absolute. Lawyers Involved: Alaluddin, Advocate‑For the Petitioner. M. Shamsul Alam, Deputy Attorney‑General‑For the Opposite Parties. Criminal Miscellaneous Case No. 1954 of 1993. Jud......opposite party No.3, the Superintendent, Dhaka Central Jail, Dhaka is directed to report compliance with the above order to this court. Ed. This case is also Reported in: 49 DLR (HD) (1997) 57. ..

Category: Criminal Law | Date: | Hits: 69

Professor Dr. Md. Yusuf Ali Vs. Chancellor of Rajshahi University, Rajshahi & others, 1997, 26 CLC (HCD)

....diciously, arbitrarily and in a mala fide manner. Since the power exercised by the Chancellor of the University is injudicious exercise and since with mala fide intention to remove the petitioner the discretionary power has been exercised by him, the impugned order is absolutely mala fide and, as su......t authorised to relieve the petitioner as he had been nominated by the Senate and appointed by the then Chancellor in accordance with law. It is further stated that since the Chancellor had no direct power and since there is no provision in the University Act itself for removal of the petitioner, th......¦â€¦â€¦Petitioner Vs. Chancellor of Rajshahi University, Rajshahi & 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;......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...

Category: Employment/Service Law | Date: | Hits: 158

State Vs. Dr. AZM Zahid Hossain and another, 2012, 41 CLC (AD)

....12. Surendra Kumar Sinha J – I agree. Md. 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: ......ainst the accused respondent No.1 under section 5(2) of the Prevention of Corruption Act, 1947 (Act II of 1947) for causing monetary loss of Tk.20,43,250/- to the Dhaka Shishu Hospital by abusing his power. 4. On 15.01.2009 the case record of Shahbagh Police Station Case No. 22(10)08 was placed ......ioner Vs. Dr. A.Z.M. Zahid Hossain and another.................... Respondents Judgment February 26, 2012 Result: Leave is granted. Lawyers Involved: Murad Reza, Additional Attorney General, instructed by Sufia Khatun, Advocate on Record - For the Petitioner. Mvi. Md. Wah......ted by the Deputy Commissioner, Dhaka................ Petitioner Vs. Dr. A.Z.M. Zahid Hossain and another.................... Respondents Judgment February 26, 2012 Result: Leave is granted. Lawyers Involved: Murad Reza, Additional Attorney General, instructed by Sufia Khatu..

Category: Criminal Law | Date: | Hits: 92

Mohadashi Sutradhar and another Vs. Monindra Chandra Sannyashi and others, 2011, 40 CLC (AD)

.... those of the appellate Court and consequently no merit in the submission of Mr. Awlad Ali. Accordingly, this petition is dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 773. ...... those of the appellate Court and consequently no merit in the submission of Mr. Awlad Ali. Accordingly, this petition is dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 773. ......by Syed Mahbubar Rahman, Advocate-on-Record-For the Petitioners. Zainul Abedin, Advocate-on-Record-For Respondent Nos. 1-4. None represented-For Respondent Nos. 5-6. Civil Petition for Leave to Appeal No. 483 of 2009. (From the judgment and order dated the 25th day of January, 2009 passe......ularly in cross-examination affirmed those of the appellate Court and thus erred in law in passing the impugned judgment and order and as such, the same calls for interference by this Court by way of granting leave. 10. From the impugned judgment, it appears that the High Court Division con­side..

Category: Property Law | Date: | Hits: 68

Arun Chandra Das and others Vs. Chittagong Port Authority, Bandar Bhaban, Chittagong and others, 2010, 39 CLC (AD)

....d with as prayed for. This appeal will be heard along with the appeal arose out of Civil Petition for Leave to Appeal No.2291 of 2008. Ed. This Case is also Reported in: VIII ADC (2011) 770. ......nala, 1991 on the following among other grounds that the authority has no authority to terminate an employee without issuing a notice and that the said rule enables the writ respon­dents to exercise power arbitrarily against an employee without assigning any reason whatsoever. 3. The writ-respon......Surendra Kumar Sinha J Arun Chandra Das and others………….........Petitioners Vs. Chittagong Port Authority, Bandar Bhaban, Chittagong and others..............Respondents Order October 6, 2010. Result: Leave is granted. Case Referred to- Bangladesh Parjatan Corporati...... Das and others………….........Petitioners Vs. Chittagong Port Authority, Bandar Bhaban, Chittagong and others..............Respondents Order October 6, 2010. Result: Leave is granted. Case Referred to- Bangladesh Parjatan Corporation Vs. Shahid Hossain Bhuiyan (Md.) an..

Category: Employment/Service Law | Date: | Hits: 97

Sukendra Bikas Das and others Vs. Anil Baran Das and others, 2010, 39 CLC (AD)

....pare the paper book out of court in accordance with rules. The order of stay granted earlier be extended till disposal of the appeal. End. This Case is also Reported in: VIII ADC (2011) 764. ......s the deed of 1928 is set aside. 6. Mr. Mahmudul Islam, learned counsel appearing for the petitioners contended that the High Court Division exceeded its jurisdiction in exercise of his revisional power in interfering with the concurrent findings of fact arrived at by the Courts below that the de......e CJ Md. Muzammel Hossain J Surendra Kumar Sinha J Sukendra Bikas Das and others ............Petitioners Vs. Anil Baran Das and others…………………..Respondents Order October 27, 2010. Result: Extension of stay order is granted. Lawyers Involved: Mahmudul I......J Sukendra Bikas Das and others ............Petitioners Vs. Anil Baran Das and others…………………..Respondents Order October 27, 2010. Result: Extension of stay order is granted. Lawyers Involved: Mahmudul Islam, Senior Advocate, instructed by Md. Nawab Ali, Advoc..

Category: Property Law | Date: | Hits: 74

Md. Anwar Hossain and other Vs. Mosammat Hoshneara Begum alias Putul, being dead her heirs:-Kamrul Islam and others, 2011, 40 CLC (AD)

....t and order dated 28-29/10/2008 passed by the High Court Division in Civil Revision No.625 of 1995 is stayed till disposal of the appeal. Ed. This Case is also Reported in: VIII ADC (2011) 744. ......n remand to the trial Court with a direction to dispose of the same after "investigation of the suit land by appointing another Advocate Commissioner" to ascertain the suit land invoking the inherent power under section 151 of the Code of Civil Procedure. Mr. Islam has further contended that the ord......ior Advocate instruct­ed by A.K.M. Shahidul Islam, Advocate-on Record-For Respondent No. 3 (c). None represented-For Respondent Nos.1-2, 3(a)-3(b) and 3(d)-3(e), 4-13. Civil Petition for Leave to Appeal No. 538 of 2009. (From the judgment and order dated the 28th and 29th days of October,......rs Vs. Mosammat Hoshneara Begum alias Putul, being dead her heirs:-Kamrul Islam and others….........................................Respondents Order May 8, 2011. Result: Leave is granted. Lawyers Involved: Mahmudual Islam, Senior Advocate with Probir Neogi, Advocate instru..

Category: Property Law | Date: | Hits: 83

Bangladesh Technical Education Board Vs. Md. Anamul Haque and others, 2010, 39 CLC (AD)

.... of the Paper book is dis­pensed with as prayed for. The order of status quo granted earlier be extended till disposal of the appeal. Ed. This Case is also Reported in: VIII ADC (2011) 725. ......Board is a statutory Organization governed by Technical Education Act, 1967 and the Government made Regulation and Rules from time to time. The Chairman of the Board as Chief Executive shall have the power to appoint staff on temporary basis for a period not exceeding 6 (six) months and by this law,......echnical Education Board represented by the Chairman Agargaon, Shere Banglanagar, Dhaka.........................Petitioner Vs. Md. Anamul Haque and others…….......Respondents Order October 6, 2010. Result: The order of status-quo granted earlier be extended till disposal of th......Agargaon, Shere Banglanagar, Dhaka.........................Petitioner Vs. Md. Anamul Haque and others…….......Respondents Order October 6, 2010. Result: The order of status-quo granted earlier be extended till disposal of the appeal. Lawyers Involved A.F.M. Meshbahuddin,..

Category: Employment/Service Law | Date: | Hits: 133

Md. Hossain Ahmed Vs. Bangladesh House Building Finance Corporation and another, 2011, 40 CLC (AD)

....tance in the submissions of Mr. Quamrul Islam Siddique, so in the leave petition. Accordingly, the leave petition is dis­missed. Ed. This Case is also Reported in: VIII ADC (2011) 721. ......rd the revision though found that miscellaneous appeal in ques­tion filed before the District Judge, was incompetent, yet it “ratified" the order passed by the District Judge invoking the inherent power of the Court as mandated in section 151 of the Code of Civil Procedure (the (Code), hence......For the Petitioner. Shaheed Alam, Senior Advocate instructed by Syed Mahbubar Rahman, Advocate-on-Record-For Respondent No.2. None repre­sented-For Respondent No.1. Civil Petition for Leave to Appeal No. 124 of 2010. (From the judgment and order dated the 8th day of November, 2009 passe......the learned Judges of the High Court Division failed to consider this legal aspect of the case and thus erred in law in passing the impugned order. On the above submis­sions, Mr. Siddique prayed for granting leave to the petitioner to appeal to this Division. 6. Mr. Shahed Alam, learned Counsel,..

Category: Civil Law | Date: | Hits: 108

Shariful Islam Vs. Billal Hossain and the State, 1992, 21 CLC (HCD)

.... Revision No.33 of 1991 is hereby set aside and the trial Court is hereby directed to proceed with the trial in accordance with law. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 722. ......ance on the decisions reported in 40 DLR 509 and 44 DLR 112. 4. Mr. Azizul Huq, the learned Advocate appearing on behalf of informant opposite party No.1, submits that the revisional Court has the power under section 439A of the Code of Criminal Procedure to pass any direction for correcting the ......the Opposite Party No.1. Criminal Revision No. 3155 of 1991. Judgment Mahmudul Amin Chowdhury J.- This Rule was issued calling upon the Deputy Commissioner Munshiganj and opposite party No.1 to show cause why the order dated 20.10.92 passed by the learned Sessions Judge, Munshiganj in Crimi...... Revision No.33 of 1991 is hereby set aside and the trial Court is hereby directed to proceed with the trial in accordance with law. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 722. ..

Category: Criminal Law | Date: | Hits: 67

Rafiqul Hossain @ Ranaesh and another Vs. Lal Mohan Saha and others, 1991, 20 CLC (HCD)

....trial Court passed the order of the attachment of the property. 9. In the result, the Rule is made absolute. No order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 718. ......Lord Denning. Lord Denning in this book‑ Due Process of Law, dealt with this matter in the following manner: "Disobedience to an order of the Court. Strict Proof: One of the most important powers of a Court of law is its power to give orders. Very often it has to make an order commanding ......n J Rafiqul Hossain @ Ranaesh and another....................Petitioners Vs. Lal Mohan Saha and others....................Opposite Parties Judgment December 19, 1991. Cases Referred to- Mawazzam Ali Khan and others Vs. Shobash Chandra Pakrashi and another, 1927 Cal. 598; Mamtaz ......39, rr. 1 and 2 CPC in Title Suit No.358 of 1981 which was instituted for permanent injunction in the Court of Munsif, Netrakona on various averments and the learned Munsif issued an order on 27.7.81 granting ad‑interim injunction. Thereafter the opposite parties on 14.9.81 filed an application un..

Category: Criminal Law | Date: | Hits: 90

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. ......that the appellant was entitled to recover Tk. 20,40,712.06 from the respondent. 7. Dr. Kamal Hossain contends first, that if the Court takes a different view from the Arbitrator, the Court has no power to rectify the award unless the award is bad on the face of it and manifestly exposed to error......bria and Associates Ltd…………………Appellants Vs. Bangladesh Agricultural Development Corporation……………………Respondents Judgment September 6, 1992. Cases Referred to- Executive Engineer Irrigation, Golimala and others Vs. Abnaduta Jena, AIR 1988 (SC) 1520; Mes......wdhury Vs. Messrs S. Maula Buksh Muhammad Bashir PLD 1965 (SC) 505. 17. Before we consider the decisions cited at the Bar we feel to examine the statutory law. Section 34 CPC empowers the Court to grant interest. Section 1 of Interest Act, 1839 also so empowered the Court. This Act is no more on ..

Category: Alternative Dispute Resolution | Date: | Hits: 156

Khorshed Alam (Md.) Vs. Government of the Peo­ple's Republic of Bangla­desh represented by the Secretary, Ministry of Home Affairs, 2004, 33 CLC (HCD)

....ngla, District Bagerhat, now detained in Bagerhat district jail, be set at liberty forthwith, if not wanted in connection with any other case. Ed. This Case is also Reported in: 57 DLR (2005) 32.......s "shall", that is the government is bound to revoke the order of detention and release the detenue, if the Advisory Board does not "recommend the detention; and section 13 thereof gives the absolute power to the Government to revoke or modify the detention order at any time, which is an independent......er Vs. Government of the Peo­ple's Republic of Bangla­desh represented by the Secretary, Ministry of Home Affairs.....................Respondent Judgment March 1, 2004. Cases Referred to- Md. Anowar Hossain on behalf of detenu Chittaranjan Guha Vs. State, 29 DLR 15; Calcutta Dock ......ngla, District Bagerhat, now detained in Bagerhat district jail, be set at liberty forthwith, if not wanted in connection with any other case. Ed. This Case is also Reported in: 57 DLR (2005) 32...

Category: Criminal Law | Date: | Hits: 64

AKM Haroon‑or‑Rashid & another Vs. AKM Mostafa Kamaluddin and others, 2001, 30 CLC (HCD)

....e of receipt of the judgment. Let a copy of the judgment be communicated to the learned Assistant Judge concerned immediately. Ed. This Case is also Reported in: 57 DLR (2005) 29.  ......onsideration money from defendant No.1 and executed an agreement for sale in favour of, defendant No.2. Abdul Khaleque Dhali appointed defendant No.1 as his constituted Attorney by giving him all the powers of transfer. Abdul Khaleque Dhali applied to the authority twice for permission to transfer t......other..................Petitioners Vs. AKM Mostafa Kamaluddin and others.............Opposite Parties Judgment March 22, 2001. Result: The Rule is made absolute without any order as to costs. The Code of Civil Procedure, 1908 (Act No. V of 1908); Order VII rule 11(c)(d) The v......e of receipt of the judgment. Let a copy of the judgment be communicated to the learned Assistant Judge concerned immediately. Ed. This Case is also Reported in: 57 DLR (2005) 29.  ..

Category: Civil Law | Date: | Hits: 68

Wahiduzzaman (Md.) Vs. Government of Bangladesh & others, 2003, 32 CLC (HCD)

.... are liable to be discharged. In the result, the Rules are discharged without any order as to cost. The stay granted earlier is vacated. Ed. This Case is also Reported in: 57 DLR (2005) 26. ......porary basis in the year 1998 but till today neither of them get license on regular basis. An apprehension that the area under their jurisdiction may be curtailed by the Government in exercise of the power given to the Government under second proviso to section 4 of the Muslim Marriages and Divorces......que J Zinat Ara J Wahiduzzaman (Md.)……………….........Petitioner Vs. Government of Bangladesh & others.............Respondents Judgment May 13, 2003. Cases Referred to- Abdul Ala Moududi Vs. Government of West Pakistan, 17 DLR (SC) 209; Waris Mea Vs. State, 9 DL......lar the Rules were heard together and this single judgment shall govern both the Rules. 3. Both the petitioners are Nikah Registrars of different wards of Dhaka City Corporation. Both of them were granted licence on temporary basis in the year 1998 but till today neither of them get license on re..

Category: Civil Law | Date: | Hits: 79

Abdur Rahman Dhali and others Vs. State, 2004, 33 CLC (HCD)

....rt of Divisional Special Judge, Barisal at once directing to ensure the trial of the accused Mollah Kamruzzaman at the earliest opportunity. Ed. This Case is also Reported in: 57 DLR (2005) 17. ...... making out a case against the accused; they should not be compelled to face the trial which amounts to abuse of the process of the court and the same is also to be prevented by invoking the inherent power under section 561A of the Code of Criminal Procedure. 21. Taking this view into considerati......ate………………………………………………..Opposite Party Judgment November 1, 2004. Lawyers Involved: None appears-For the Petitioners. Md. Afsar Hossain, Assistant Attorney-General-For the Opposite Party. Criminal Miscellaneous Case No. 2123 of 1995. Judgment ...... GR case No. 25 of 1992 was transferred to Divisional Special Judge, Barisal and was renumbered as Special Case No. 29 of 1994 where the accused-petitioner Nos. 1‑3 voluntarily surrendered and were granted bail. But the accused Mollah Kamruzzaman has not yet surrendered to face the trial. 7. Ho..

Category: Criminal Law | Date: | Hits: 85

Fazlur Rahman (Md) Vs. Md. Abdul Hamid, Advocate and others, 2002, 31 CLC (HCD)

.... taken in this writ petition. So, the Rule is liable to be discharged. In the result, the Rule is discharged without any order as to cost. Ed. This Case is also Reported in: 56 DLR (2004) 448.......time mentioned in Clause (a) of Article 67 of the Constitution. There is nothing in this sub-rule which shows that the Speaker may determine whether a member has vacated his seat or not. Speaker is empowered to inform the House only if he finds that a particular member has vacated his seat, the Secr......n, Umme Kulsum Rekha and MBI Munshi, Advocates ‑ For the Petitioner. M Amirul Islam with Shafique Ahmed & Fazlur Rahman Khan, Advocates ‑ For Respondent No, 3. Zaman Akhtar, Assistant Attorney General ‑ For Respondent Nos.1 and 2. Writ Petition No. 985 of 2002. Judgment Md. ...... taken in this writ petition. So, the Rule is liable to be discharged. In the result, the Rule is discharged without any order as to cost. Ed. This Case is also Reported in: 56 DLR (2004) 448...

Category: Constitutional Law | Date: | Hits: 242