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....9, 3532, 3531, 4456 and 4455 of 2010, as under:
(a) An employee or an officer of any development project can claim for regularization in the revenue set up if the project in which he is working is completed.
(b) Such officer or employee must have been appointed after following the recognized ......sain CJ
Surendra Kumar Sinha J
Md. Abdul Wahhab Miah J
Nazmun Ara Sultana J
Syed Mahmud Hossain J
Muhammad Imman Ali J
Md. Shamsul Huda J
The Chief Engineer, the Local Government and Engineering Department, LGED Bhaban, Agargaon, Sher-E-Bangla Nagar, Dhaka…………………â€......itimate expectation which doctrine has no manner of application against the Government or its departments in the absence of any promise or assurance and that’s too, in the absence of foundation and proper pleadings. Learned Attorney General contends that since there are conflicting opinions by thr......
The leave petitions are disposed of with the above observations and modifications of the earlier as well as the impugned judgments.
Ed.
This Case is also Reported in: 17 BLC (AD) (2012) 91.
..
Category: Employment/Service Law | Date: | Hits: 147
.... appreciation of the facts and circumstances of the case.
We do not find any merit in the leave petition.
Accordingly, the petition is dismissed.
Ed.
This Case is also Reported in:
......ivision
(Civil)
Present:
Surendra Kumar Sinha J
Md. Abdul Wahhab Miah J
Syed Mahmud Hossain J
Muhammad Imman Ali J
Md. Shamsul Huda J
Director General, Bangladesh Railway and others………………..Petitioners
Vs.
Sher-e-Bangla Market Dokander Bohumukhi Samobaya......sed value as calculated by the Government and has by now made full payment of the price as assessed.
We are of the view that the decision of the High Court Division is well-reasoned, and based on proper appreciation of the facts and circumstances of the case.
We do not find any merit in the l...... appreciation of the facts and circumstances of the case.
We do not find any merit in the leave petition.
Accordingly, the petition is dismissed.
Ed.
This Case is also Reported in:
..
Category: Civil Law | Date: | Hits: 70
Abdul Mataleb Howlader and others Vs. State, 2003, 32 CLC (HCD)
....d by this Court earlier, stands vacated. Send a copy of this judgment to the Court concerned at once for information and necessary action. Ed. This Case is also Reported in: 56 DLR (2004) 607.......ase is also Reported in: 56 DLR (2004) 607.......har Case No. 5 of‑2003 now pending, in the Divisional Druta Bichar Tribunal, Barisal, should not be transferred and/or such other or further order or orders passed as to this Court may seem fit and proper. 2. Mr. Yousuf Hossain Humayun, the learned Advocate for the petitioners, submits that the......d by this Court earlier, stands vacated. Send a copy of this judgment to the Court concerned at once for information and necessary action. Ed. This Case is also Reported in: 56 DLR (2004) 607...Category: Criminal Law | Date: | Hits: 86
Dr. Qazi Faruque Ahmed Vs. State, 2004, 33 CLC (HCD)
....the petitioner the trial Court shall have the liberty to deal with the question of bail of the accused‑petitioner in accordance with law. Ed. This Case is also Reported in: 56 DLR (2004) 600. ......o show cause why the petitioner Dr. Qazi Faruque Ahmed should not be enlarged on bail in Pallabi PS Case No. 31(6) 2004 dated 20‑6‑2004 now pending before the Chief Metropolitan Magistrate, Dhaka and or such other or further order or orders passed as to this Court may seem fit and proper. 2. ......in Pallabi PS Case No. 31(6) 2004 dated 20‑6‑2004 now pending before the Chief Metropolitan Magistrate, Dhaka and or such other or further order or orders passed as to this Court may seem fit and proper. 2. Facts relevant for the purpose of disposal of this Rule is that on 20‑6‑04 at 15.3......the petitioner the trial Court shall have the liberty to deal with the question of bail of the accused‑petitioner in accordance with law. Ed. This Case is also Reported in: 56 DLR (2004) 600. ..Category: Criminal Law | Date: | Hits: 81
Kazi Liakat Ali and others Vs. Chairman, Civil Aviation Authority and another, 2003, 32 CLC (HCD)
....at case was also based on the resolution of the Board Meeting. Thus the petitioners of that case had basis for legitimate expectation of their absorption. The facts and circumstances of that case are completely different and the said decision has no manner of application in the instant case. 24. ...... Ed. This Case is also Reported in: 56 DLR (2004) 595.......rest, namely, keeping the only InternaÂtional Airport of the country clean, tidy and up to international standard. Previous experience has shown that it is not possible for the Authority to maintain proper cleanliness by engaging daily basis workers like the petitioners and that engaging a private ......harged. The order of stay granted by this Court at the time of issuance of the Rule is hereby vacated. We however, make no order as to costs. Ed. This Case is also Reported in: 56 DLR (2004) 595...Category: Employment/Service Law | Date: | Hits: 125
Al Baraka Bank Bangladesh Ltd. Vs. Rina Alam and another, 2004, 33 CLC (HCD)
....ffirmed. The bank is directed to return the schedule document within seven days of receipt of this judgment. Send down the LCR at once. Ed. This Case is also Reported in: 56 DLR (2004) 588....... High Court Division (Civil Appellate Jurisdiction) Present: Md. Abdur Rashid J Siddiqur Rahman Miah J Al Baraka Bank Bangladesh Ltd ....................Appellant Vs. Rina Alam and another............Respondents Judgment April 12, 2004. Result: The appeal is dismis......s aforesaid Title Suit No. 197 of 2001. 3. Plaint case, in short, is that defendant No. 2 Shawkat Ali was proprietor of Gold Star Lines and Trans Bangla Shipping Lines. The plaintiff mortgaged her property covered by said deed as security of the loans advanced to the companies in 1987. On 17‑11......ffirmed. The bank is directed to return the schedule document within seven days of receipt of this judgment. Send down the LCR at once. Ed. This Case is also Reported in: 56 DLR (2004) 588...Category: Civil Law | Date: | Hits: 109
Abdur Rashid Chowdhury Vs. Additional District Judge and others, 2003, 32 CLC (HCD)
.... decide all questions, whether of title, priority, or of any nature whatsoever which may arise in the bankruptcy proceeding or which the Court may deem fit, expedient or necessary to decide for doing complete justice or making a complete distribution of the property. The power, given under the secti......rt Division (Special Original Jurisdiction) Present: Md. Abdur Rashid J S Rahman Miah J Abdur Rashid Chowdhury...........................Petitioner Vs. Additional District Judge and others……………Respondents Judgment October 20, 2003. Result: The Rule is made......d 'Talabana' before the Court for service of notice. 16. In the plaint, it is averred that defendant No. 1 Shinepukur Holding Limited and No. 2 Mahmudur Rahman (respondent Nos. 22 and 3 herein) as property developers entered into an agreement dated 30‑10‑85 with the plaintiff and his brother,......¶ বলিয়া অà¦à¦¿à¦¹à¦¿à¦¤à¥¤ 30. Section 10 therefore, clearly empowers one or more creditors or a debtor to present a plaint when a debtor commits an act of bankruptcy for an order of adjudication declaring such debtor as bankrupt. 31. After making, an order of adjudication declar..Category: Others | Date: | Hits: 185
Md. Iqbal Hossain Vs. Government of Bangladesh and others, 2011, 40 CLC (AD)
....passed by the High Court Division. Accordingly, the civil petition for leave to appeal is dismissed with the observaÂtion made above. Ed. This Case is also Reported in: 17 BLC (AD) (2012) 42. ...... Md. Shamsul Huda J Md. Iqbal Hossain……………….............Petitioner Vs. Government of Bangladesh, represented by the Secretary, Ministry of Local Government, Rural Development and Co-operatives (LGRD) and others..........................Respondents Judgment October 27,......d for. He further submits that the leave petitioner has the forum to vindicate his grievances even after the election before the Election Tribunal and that the impugned judgment and order is based on proper interÂpretation of section 9(2) (ga) of the Local Government City Corporation Election Ain, ......passed by the High Court Division. Accordingly, the civil petition for leave to appeal is dismissed with the observaÂtion made above. Ed. This Case is also Reported in: 17 BLC (AD) (2012) 42. ..Category: Election Law | Date: | Hits: 250
Shahid Hamid and another Vs. Nilufar Momtaz and anothe, 2011, 40 CLC (AD)
....erference. Therefore, we do not find any substance in this appeal. Accordingly, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 17 BLC (AD) (2012) 34. ...... Supreme Court Appellate Division (Civil) Present: Md. Muzammel Hossain CJ MA Wahhab Miah J Syed Mahmud Hossain J Md. Imman All J Md. Mamtaz Uddin Ahmed J Shahid Hamid and another....................................Appellants Vs. Nilufar Momtaz and another...........and a daughter. Because of mal-adjustment, they divorced each other severing the marital tie in accordance with the Muslim Law on 19-2-1999. Defendant No.1 purchased the land of the schedule ‘Ka’ property by a registered deed of sale dated 26-12-1995 and constructed a multistory building thereon......erference. Therefore, we do not find any substance in this appeal. Accordingly, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 17 BLC (AD) (2012) 34. ..Category: Property Law | Date: | Hits: 81
Govt. of People's ReÂpublic of Bangladesh Vs. Md. Habibur Rahman @ Manu, 1978, 7 CLC (AD)
....on and no consideration of the merit of the case or the detention order arises and so this appeal is disposed of in the terms aforesaid. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 152......., 72 I.A. 241; AIR 1945 P.C. 336; Annie Basant Vs. Emperor, ILR 39 Madras 1085; Queen Empress Vs. Bal Gangadhar Tilak, ILR 22 Bombay 112; Z. A. Suleri Vs. The Crown, PLD 1954 Sind 80; Diwan Parkash Chand Vs. Emperor, AIR 1937 Lahore 513; State of Bombay Vs. Purushottam, AIR 1952 S.C. 317; A. Sanjeev......red that the word 'GovernÂment' has not been defined either in the enactÂments under consideration or in the ConstituÂtion. The definition of 'Government' in the General Clauses Act is again not a proper deÂfinition but a description of the Government of Bangladesh. 4. If we refer to the cont......on and no consideration of the merit of the case or the detention order arises and so this appeal is disposed of in the terms aforesaid. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 152...Category: Criminal Law | Date: | Hits: 63
....ration will pay the arrear salary to the employees immediately.
In the result, the Rule is discharged without any order as to costs.
Ed.
This Case is also Reported in: 62 DLR (HCD) (2010) 1.
......also Reported in: 62 DLR (HCD) (2010) 1.
......ment and order dated 26-8-2003 passed by the High Court Division in Writ Petition Nos.7127, 4560 and 4702 of 2002 and/or such other or further order or orders passed as to this Court may seem fit and proper.
2. The facts leading to the issuance of the Rule, in brief, are:
The petitioners were......titled to the arrear pay and allowance.
22. However, as there is no specific direction for payment of arrear salary during the period of termination and as it involves certain questions requiring adjudication, the employers cannot be said to have disobeyed the order of the Court in not paying th..
Category: Criminal Law | Date: | Hits: 83
NFM Universeum Estate Ltd. Vs. ANM Obaidul Islam and others, 2004, 33 CLC (HCD)
....rocedure for using said deed in the suit knowing it to be forged and fraudulent for criminal prosecution. Send down the records at once. Ed. This Case is also Reported in: 56 DLR (2004) 563. ......t High Court Division (Civil Appellate Jurisdiction) Present: Md. Abdur Rashid J Syed ABM Huq J NFM Universeum Estate Ltd. .....................Appellant Vs. ANM Obaidul Islam and others......... Respondents Judgment April 20, 2004. Result: The appeal is dismissed......g to SA khatian Nos. 196 and 197. Such record of rights was published sometime it, 1964. On the basis of such record of rights the plaintiff possessed the suit land exclusively on payment of rents on proper receipt Exhibit 8 series. Similarly tinder the RS survey the suit land was again recorded in ......rocedure for using said deed in the suit knowing it to be forged and fraudulent for criminal prosecution. Send down the records at once. Ed. This Case is also Reported in: 56 DLR (2004) 563. ..Category: Property Law | Date: | Hits: 85
Sonali Bank Vs. Mahbubul Amin & others, 1989, 18 CLC (HCD)
....e date of payment or other earlier date. Thus it appears to us that as regards interest from the dale of the suit however the position is different and the matter is covered by Section 34 which gives complete discreÂtion to the Court to sward pendente lite interest. In the present case the trial Co......ution Case will proceed in accordance with law. Cases Referred to- AIR 1940 (MaÂdras) 29; AIR 1937 (Madras) 511; AIR 1931 (Madras) 650; 3 BCR 1983 (HCD) 339; M/s. M.M. Ispahani Vs. Sonali Bank and Ors., 1985 DLR (AD) 1. Lawyers Involved: Asrarul Hossain with Syed Sakhwat Ali - For petit......Execution Case No.791 of 1986 is vacated. The Execution Case will proceed in accordance with law. The records be sent down at once. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 298. ......Execution Case No.791 of 1986 is vacated. The Execution Case will proceed in accordance with law. The records be sent down at once. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 298. ..Category: Procedural Law | Date: | Hits: 74
Abdus Samad & others Vs. State, 1989, 18 CLC (HCD)
....t with a fresh application on Revision along with a prayer for bail after surrender, if so advised. Send down the records at once. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 291. ......udgment February 15, 1989. Result: The Rule is discharged. Cases Referred to- Chan Shah Vs. The Crown, PLD 1956 (FC) 43; Khalid Saigol Vs. The State, 14 DLR (SC) 321; Khalilur Rahman and anothÂer Vs. The State, 33 DLR 12; Nirmal Krishna Chandra and another Vs. The State; Gendan Lal......e kabala. The petitionÂers having not executed the document suspicion arose in the mind of the complainant and on inquiry it was found that the petitioners have no right, title and inÂterest in the property agreed to be sold and it appeared that the petitioners intentionally and fraudulently inÂd......t with a fresh application on Revision along with a prayer for bail after surrender, if so advised. Send down the records at once. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 291. ..Category: Criminal Law | Date: | Hits: 95
M. M. Rafiqul Hyder Vs. The State, 1988, 17 CLC (HCD)
....cuÂments, articles of daily use, clothes etc. belonging to the accused appellant may be returned to him after proper identification. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 274. ...... Vs. The State....................................Respondent Judgment November 10, 1988. Result: Cases Referred to- State Vs. Balshri Das Sutradhar, 13 DLR 289; Kalipada Nandi Vs. The State, AIR 1950 (Cal) 427; Emperior Vs. Kutub Bux, AIR 1930 Cal. 633, 634; Tamiz Mia Vs......he baggage and the other one remains with the passenger or the crew and the baggages are delivered after comparing both the parts of the tag. This is the system everywhere and that was introduced for proper identification of the baggage. Here in The present case before us P.W.1 admitted that the ech......cuÂments, articles of daily use, clothes etc. belonging to the accused appellant may be returned to him after proper identification. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 274. ..Category: Criminal Law | Date: | Hits: 87
....As such the inÂquiry proceeding did not come to a close and thereÂfore the petitioner-corporation was well within its jurisdiction to continue the order of suspension till the proceeding comes to a complete close.
12. It is admitted that the respondent No.2 was proceeded against on a charge of ......Writ Petition No. 471 of 1986.
Judgment
Mustafa Kamal J.- This Rule Nisi obÂtained under Article 102 of the Constitution of the People's Republic of Bangladesh calls into question the judgment and order dated 13.8.86 passed by the Chairman, 2nd Labour Court, Dhaka, respondent No.1, in Complai.......
5. Thereafter it is the case of the respondent No.2 that he received back the complaint case from the Labour Court at Khulna on 21.5.84, but before he could come to Dhaka to file the case in the proper Court he fell ill on 22.5.84 and did not fully recover before 13.6.84. The respondent No.2 ca......9.8.82.
We, therefore, find no ground for interference.
In the result the Rule is discharged but without any order as to costs.
Ed.
This Case is also Reported in: 41 DLR (HCD) (1989) 265.
..
Category: Labour and Industrial Law | Date: | Hits: 166
.... The judgment and the decree passed by the trial Court are upheld.
There shall be no order as to costs.
Let the LCR be sent down.
Ed.
This Case is also Reported in: 50 DLR (HCD) (1998) 134.......urt
High Court Division
(Civil Revisional Jurisdiction)
Present:
Kazi AT Manowaruddin J
Binode Bihari Ghose………………Plaintiff-Petitioner
Vs.
Assistant Custodian, Vested and Non-Resident Property and others……………Defendant-Opposite Parties
Judgment
January...... suit was for declaration of plaintiffs title in respect of 1.27 acre of land hereinafter referred to as the suit land and for a further declaration that the enlistment of the suit land in the vested property list was illegal, void, ultra vires, fraudulent and was not binding upon the plaintiff nor ...... The judgment and the decree passed by the trial Court are upheld.
There shall be no order as to costs.
Let the LCR be sent down.
Ed.
This Case is also Reported in: 50 DLR (HCD) (1998) 134...
Category: Property Law | Date: | Hits: 56
Nurul Islam and others Vs. Khatibuddin Ahmed and others, 2004, 33 CLC (HCD)
....accordance with law on the evidence adduced by the parties, if any. Send down the copy of this judgment and order to Courts below at once. Ed. This Case is also Reported in: 56 DLR (2004) 545.......Courts below at once. Ed. This Case is also Reported in: 56 DLR (2004) 545....... supervision were also approved by the Sub-Committee in a meeting held under his President ship which the ad-hoc Committee adopted at the request and demand of the members of the Bar Association in a properly called and attended General Meeting of the general members of the Bar held on 14‑9‑03 w......accordance with law on the evidence adduced by the parties, if any. Send down the copy of this judgment and order to Courts below at once. Ed. This Case is also Reported in: 56 DLR (2004) 545...Category: Civil Law | Date: | Hits: 74
AKM Shahidul Hoque Vs. Deputy Commissioner and others, 2003, 32 CLC (HCD)
....tely, accepted the tender of the plaintiff at 3% above the estimated cost and said defendant No. 16 issued the work order by his memo dated 15‑10‑88. In the work order, the plaintiff was asked to complete the work from 16Â-10‑88 to 15‑4‑89. As there was delay in getting a site, the plaint......High Court Division (Civil Appellate Jurisdiction) Present: Md. Abdur Rashid J S Rahman Miah J AKM Shahidul Hoque ...............................Appellant Vs. Deputy Commissioner and others ....................Respondents Judgment August 3, 2003. Result: The appeal i......l get a decree for 2,43,505 + 3,66,225.81 = Taka 6,09,730.81 with interest at the rate of 10% from the date of the decree till realisation. Ed. This Case is also Reported in: 56 DLR (2004) 538. ......l get a decree for 2,43,505 + 3,66,225.81 = Taka 6,09,730.81 with interest at the rate of 10% from the date of the decree till realisation. Ed. This Case is also Reported in: 56 DLR (2004) 538. ..Category: Civil Law | Date: | Hits: 99
Md. Mosharaf Hossain Sukani Vs. State and another, 2009, 38 CLC (HCD)
....d for. Hence the Rule fails. In the result, the Rule is discharged. Order of stay stands vacated. Send down the LCR at once. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 35. ......me Court High Court Division (Criminal) Present: Siddiqur Rahman Miah J Md. Ataur Rahman Khan J Md. Mosharaf Hossain Sukani………………………Petitioner Vs. The State and another……………………Opposite parties Judgment June 3, 2009. Result: The ......vered from the sea and multiple injuries were found in his dead body. It is the contention of the informant that the accused persons are very moneyed and powerful men who have been trying not to hold proper investigation of this case for which they have filed the present application at the instance ......d for. Hence the Rule fails. In the result, the Rule is discharged. Order of stay stands vacated. Send down the LCR at once. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 35. ..Category: Criminal Law | Date: | Hits: 76
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