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....April, 1984 and served as Assistant Director (Physically Handicapped) and served in that capacity upto 1st of June, 1984. Subsequently, he was made Private Secretary to the Minister for Labour and Manpower with effect from 2-6-84 and ever since he had been discharging his duties and responsibilities......ngladesh, represented by the Secretary, Ministry of Establishment and others …………….Respondents
Judgment
November 4, 1988.
Result:
The Rule is made absolute.
Cases Referred to-
42 DLR (AD) 214; Bangladesh Vs. AK Al-Mamun and others, 1 MLR (AD) 1996 161; Madras Vs. AR Sr......Ara Begum, Advocates — For the Petitioner.
Mahbub Ali, Assistant Attorney-General — For the Respondents.
Writ Petition No.1879 of 1995.
Judgment
MA Aziz J.- This Rule Nisi was issued calling upon the respondents to show cause, why the impugned order contained in Memo No. SM/SS-1/E-1......e review application. The petitioner in compliance submitted his reply and the Director General submitted a report to respondent No.2 in connection with the petitioner’s review application and in a meeting of the forum held on 1-3-92 it was decided that since Writ Petition No. 421 of 1990 was stil..
Category: Employment/Service Law | Date: | Hits: 73
Nurul Huq Vs. Secretary, Rural ElectriÂfication Board and another, 1991, 20 CLC (HCD)
....n and the affidavit was sworn by him on 4.8.87. Several years have passed since the filing of the writ petition but the petitioner has not yet received any reply to his review petition. Further, this power to review by the Board is discretionary power and it does not confer any right on the petition......the Petitioner. Md. Abdur Rashid, Advocate ‑ For the Respondents. Writ Petition No.406 of 1987. Judgment Mainur Reza Chowdhury J.- This Rule Nisi was issued calling upon the respondents to show cause why the order of dismissal dated 3.2.87 (Annexure G) should not be declaral to have be......hbub Elahi, Advocate ‑ For the Petitioner. Md. Abdur Rashid, Advocate ‑ For the Respondents. Writ Petition No.406 of 1987. Judgment Mainur Reza Chowdhury J.- This Rule Nisi was issued calling upon the respondents to show cause why the order of dismissal dated 3.2.87 (Annexure G) shou......ade without lawful authority and to be of no legal effect. In the result, the Rule is made absolute without any order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 666. ..Category: Employment/Service Law | Date: | Hits: 65
State Vs. Sree Ranjit Kumar PramaÂnik, 1990, 19 CLC (HCD)
....e valuable service rendered by Mr. Abu Sayeed Ahammed who volunteered to appear on behalf of the accused and was accepted by the court. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 660....... 110; 1973 AIR (SC) 267; Hafiz Abul Khair and another Vs. State, 29 DLR (SC) 1. Lawyers Involved: Abu Sayed Ahammed, Advocate ‑ For the Condemned Prisoner. Shah Azizur Rahman, Assistant Attorney General ‑ For the State. Death Reference No.6 of 1988 (Jessore) Death Reference No.4 of ......arket. After shopping he sent his brother back with the purchased goods while he himself attended a meeting at Talkhari High School from its west side. At about 6‑30/7‑00 PM in the evening he was called away by the accused Ranjit Kumar. This was seen by several persons, After the meeting when th...... the victim Motaleb Mollah with his younger brother Hanif Mollah went to Talkhari hat, the village market. After shopping he sent his brother back with the purchased goods while he himself attended a meeting at Talkhari High School from its west side. At about 6‑30/7‑00 PM in the evening he was ..Category: Property Law | Date: | Hits: 69
Ezahar Ali Mondol and others Vs. Golam Rasul and others, 1991, 20 CLC (HCD)
....ose of the learned Assistant Judge are affirmed. Considering the facts and circumstances of the case there will be no order as to cost. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 653.......thers…………………Petitioners Vs. Golam Rasul and others…………………Opposite Parties Judgment November 24, 1991. Result: The Rule is made absolute. Case Referred to- Administrator, Delta Construction Vs. Chairman, 2nd Labour Court, 28 DLR 365. Lawyers Invo......ose of the learned Assistant Judge are affirmed. Considering the facts and circumstances of the case there will be no order as to cost. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 653.......d decided to construct office building of the union parishad and community centre and as such money was sanctioned. The plaintiff being Chairman and other members of the union parishad concerned held meeting and unanimously passed a resolution selecting a site named "Nayani" for construction of Unio..Category: Civil Law | Date: | Hits: 99
Agrani Bank Vs. Artha Rin Adalat and others, 2003, 32 CLC (HCD)
....eption has been made in respect of a final order under Order IX rule 13 CPC. In both cases appeal will be to the High Court Division. There is room for argument that both the appellate and revisional powers of interference with any "order" interlocutory or otherwise, is expressly barred by section 6......€¦â€¦â€¦â€¦â€¦â€¦â€¦Petitioner Vs. Artha Rin Adalat and others…………..Respondents Judgment March 19, 2003. Result: The writ petition is summarily rejected. Cases Referred to- Kazi Gowaherul Islam Vs. Standard Co‑operative Society Ltd., 50 DLR 333; Sultana Jute Mil......our considered view is that the Writ Petition against the impugned order is not maintainable. The writ petition is thus summarily rejected. Ed. This Case is also Reported in: 55 DLR (2003) 389. ......our considered view is that the Writ Petition against the impugned order is not maintainable. The writ petition is thus summarily rejected. Ed. This Case is also Reported in: 55 DLR (2003) 389. ..Category: Administrative Law | Date: | Hits: 200
Bangladesh Sugar and Food Industries Corporation Vs. Md. Kashem and others, 2002, 31 CLC (HCD)
.... the lease. The observations made by the Appellate Division on which Mr. Haque relied are as under: "Whether the suit property is abandoned property or public property is immaterial. So far as the power to lease it is concerned, both kinds of property can be dealt with and disposed of by the gove......€¦â€¦......... Petitioner Vs. Md. Kashem and others………………………....Opposite–Parties Judgment March 20, 2002. Result: The Rules are made absolute. Cases Referred to- BCR 1983 (AD) 46 [Md. Kashem Vs. GoB]; Mrs. Husna Mansur and others Vs. Secretary Ministry of......self was not maintainable in law, both the courts below committed error of law resulting in an error in the decision occasioning failure of justice in decreeing the suit and, as such, interference is called for by this court. 11. Mr. Farid Ahmed, learned Deputy Attorney-General appearing for the ......0‑3‑1995 passed by the Subordinate Judge, 3rd Court, Dhaka, in Title Suit No. 144 of 1975 are hereby set aside and the suit be dismissed. Ed. This Case is also Reported in: 55 DLR (2003) 350...Category: Property Law | Date: | Hits: 122
State Vs. Deputy Commissioner, Satkhira and others, 1992, 21 CLC (HCD)
....y initiation. It is true that by this judgment we, are declaring the detention of the detenu Nazrul Islam illegal and directing his release from jail custody, but we are sorry that neither we nor any power on earth can give him back the golden period of 12 years of his life which he lost in differen......…………Petitioner Vs. Deputy Commissioner, Satkhira and others………………Opposite Parties Judgment December 9, 1992. Result: The Rule is made absolute. Cases Referred to- Shunil Bhatra Vs. Delhi Administration, 1980 AIR (SC) 1579; Shila Barse Vs. Union of India, 1...... above he was shown as an accused, but he was not sent up in charge‑sheet and final reports were submitted and accepted by the Magistrates. In spite of that no discharge order was issued upon him recalling the custody warrants. This shows the malafide action of some interested person and total car......y of its departments or organisations in order to mitigate his sufferings and compensate his loss to some extent. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 643. ..Category: Criminal Law | Date: | Hits: 97
Power Grid Company of Bangladesh Ltd. Vs. Rowshon Ara Begum and others, 2011, 40 CLC (AD)
....er No.1 named, Ashfaq Tapan Rahman purÂchased in total 43.75 decimals of land from plot Nos.51 and 49 by three registered kabala deeds. Subsequently, Ashfaque Chowdhury and Hamida Rahman executed to power of attorney deeds empowering the petitioner No.1 for maintaining possession and taking all nec......itioner. A. F. Hasan Ariff, Senior Advocate instructÂed by Nurul Islam Bhuiyan, Advocate-on-Record-For Respondent Nos. 1 and 2. Not represented-Respondent Nos. 3-9. Civil Petition for Leave to Appeal No. 685 of 2010. (From the judgment and order dated 07.12.2009 passed by the High Court......y at Savar". That no notice was served upon the petitioners under Section 3 of the Acquisition and Requisition of the Immovable Property Ordinance, 1982. That the petitioner No.1 received a telephone call on 29.10.2007 and came to learn that their lands have been acquired on 29.10.2007. She received......ation of the paper book is disÂpensed with as prayed for. The order of stay granted earlier be extended till disposal of the appeal. Ed. This Case is also Reported in: VIII ADC (2011) 558. ..Category: Property Law | Date: | Hits: 81
M/S. Rupanti Enterprise Vs. Unilever Bangladesh Limited and others…, 2011, 40 CLC (AD)
....ision found that the writ-petitioner could invoke the jurisdiction under the Trade Mark Act as well as other jurisdiction and could intimate the same to the customs authority which has been given the power of prohibiting importation of goods under section 50 of the Customs Act, 1969, yet they opined......ior Advocate instructed by Ashrafuzzaman Khan, Advocate-on-Record-For Respondent No.1. (In both the cases) None represented-For Respondent Nos.2-55 (In both the cases). Civil Petition for Leave to Appeal Nos. 903-904 of 2011. (From the judgment and order dated the 11th day of June, 2008 pa......olute. 3. Both the writ petitions were filed by respondent No.1, Unilever Bangladesh Limited (hereinafter referred to as the writ-petitioner). In Writ Petition No.8679 of 2006 Rule Nisi was issued calling upon the present respondent Nos.2-6 to show cause as lo why they should not be directed not ......nd respondent No.1 shall file the concise stateÂment within one week thereafter. The appeal is fixed for hearing on October 10, 2011. Ed. This Case is also Reported in: VIII ADC (2011) 551. ..Category: Fiscal/Taxation Law | Date: | Hits: 168
Shahidullah and others Vs. State, 1991, 20 CLC (HCD)
....he Drug Court within 15 days from the date of receipt of the records by that Court from this Court. Send down the records at once. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 640. ......1. Shahidullah 2. Jane Alam…………………Appellants Vs. State…………………Respondent Judgment November 4, 1991. Result: The appeal is allowed. Cases Referred to- Md. Kalu Bhuiyan @ Kalu Mia Vs. Special Tribunal No.II Comilla, 30 DLR 124; Dost Mohammad and......cked in two cartons from the accused appellant No.1 who is the owner of MS Drugs and thereafter accused appellant Jane Alam who was a porter packed up the cartons and requested said Mujibor Rahman to call a rickshaw for carrying the cartons. At this stage Mujibor Rahman came out of the market and in......he Drug Court within 15 days from the date of receipt of the records by that Court from this Court. Send down the records at once. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 640. ..Category: Criminal Law | Date: | Hits: 60
Lal Mamud and others Vs. Siraj Miah and others, 1991, 20 CLC (HCD)
....In this case it appears from the record that the trial Court granted several dates for filing the written statement and as it was filed beyond the Lime given, it was rejected. Order 8 Rule 1(1) CPC empowers a Court to reject a written statement where it is filed beyond the time allowed by the Court.......€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦Petitioner Vs. Siraj Miah and others…………………….Opposite party Judgment February 28, 1991. Result: The Rules are discharged. Case Referred to- Adamjee Jute Mills Ltd. Vs. Chairman, 39 DLR 11; Jotish Chand Chakrovorty Vs. Hem Chandra 11 ......s are discharged. No order as to costs. The trial Court is directed to proceed with the suit in accordance with law expeditiously. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 638. ......s are discharged. No order as to costs. The trial Court is directed to proceed with the suit in accordance with law expeditiously. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 638. ..Category: Property Law | Date: | Hits: 79
Mustafa Kamal and others Vs. Director of Land Records and others, 1991, 20 CLC (HCD)
....lier order of the appeal for the second time is absolutely without jurisdiction and is of no legal effect. Mr. Khandker argued that the Director of Land Records has not been vested with any statutory power to entertain and dispose of any review petition and as such his order is liable to be declared......dhury J Mustafa Kamal and others…………………….Petitioners (Writ Petition No.207 of 1986) Sebera Begum……………………Petitioner (Writ Petition No.208 of 1986) Vs. Director of Land Records and others…………………Respondents (In both the Writ Petitions) Judgm......ned order dated 31.3.1986 (Annexure E) passed by the Respondent No.1 while the Rule in Writ Petition No.208 of 1986 is directed against the impugned order dated 31.3.1986 (Annexure G to the petition) calling upon the respondents to show cause why the same should not be declared to have been made wit......assed without lawful authority and the same are of no legal effect. In the result, both the Rules are made absolute without costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 634. ..Category: Property Law | Date: | Hits: 73
AKM Mukhlesur Rahman Vs. State, 1991, 20 CLC (HCD)
....lled against him and he is acquitted of same. He is discharged from his bail bond. Let the lower Court records be sent down at once. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 626.......owdhury J AKM Mukhlesur Rahman……………….Appellant Vs. State ………………..Respondent Judgment December 3, 1991. Result: The appeal is allowed. Cases Referred to- Abdul Hye Vs. State, 20 DLR 407; Abdul Jabbar @ MA Jabbar Vs. State, 37 DLR 278; 20 DLR 587; ......be united at least in one common desire, namely, the desire to see that the trap is not an exercise in futility and that does not end in a fiasco. In other words, even if these witnesses are not inimically disposed towards the appellant they do not want to see their precious efforts to be wasted. It......cepting P.W.2 none of the prosecution witnesses has stated that this witness came to the office of the appellant on 7.3.89 or she was found in the office premises by anybody on that date or she had a meeting with the appellant either on 6.3.89 or on 7.3.89. So excepting P.W.2 none of the prosecution..Category: Criminal Law | Date: | Hits: 90
....re where the petitioner sat for examination and that the answer scripts were written by using some of the those blank scripts kept at the residence of the petitioner's father. He misused his official power by giving undue advantage to his son to adopt unfair means in the examination and the said adv......ner
Vs.
Secondary and Higher Secondary Education Board, Jessore and others………………Respondents
Judgment
December 18, 1991.
Result:
The Rule is discharged.
Cases Referred to-
Mukand Madhav Singh Vs. Agra University and another, 1961 AIR (Allahabad) 301; Mohinder Singh......, Advocates ‑ For the Respondent Nos. 1 and 2.
MA Mannan Talukder, Advocate ‑ For the Respondent No.3.
Writ Petition No.1049 of 1990.
Judgment
Md. Abdul Jalil J.- This Rule was issued calling upon the respondents, namely, the Secondary & Higher Secondary Education Board Jessore, ......uiry Committee, the show cause notice issued to the petitioner and the petitioner's reply along with other papers and documents were placed before the Disciplinary Committee of the Board which in its meeting examined all papers and took an unanimous decision recommending the punishment. Thereafter t..
Category: Civil Law | Date: | Hits: 159
Elas Bepari @ Akhas Vs. The State, 2011, 40 CLC (AD)
....judgment and order passed by the High Court Division calling for interference by this Division. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 535....... Khandaker Mahbub Hossain, Senior Advocate instructed by Abu Sams Md. Khalequzzaman, Advocate-on-Record-For the Petitioner. For the Respondent-None repreÂsented. Criminal Petition for Leave to Appeal No.96 of 2009. (From the judgment and order dated the 13th day of January, 2009 passed ......cannot be said that the convict-petitioner had no intention to kill the deceased. In view of the above, we find nothing wrong with the impugned judgment and order passed by the High Court Division calling for interference by this Division. Accordingly, the petition is dismissed. Ed. This......irrigation an altercation took place between them. The matter was settled by the persons present there, but accused Altaf Bepari did not forÂget the incident at all. On the night of that very day, a meeting was held at the house of accused Elas Bepari (the petitioner) where all the accused being 52..Category: Criminal Law | Date: | Hits: 52
Globe Bruges Ltd. Vs. Arab Bangladesh Bank Ltd. And others, 2011, 40 CLC (AD)
....e appeal on assigning proper reasons. We, therefore, find no reason to interfere with the same. The petition is accordingly dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 483. ......amp; 5. Syed Amirul Islam, Senior Advocate, instructed by Zohirul Islam, Advocate-on-Record-For Respondent No.7. Not Represented-For Respondent Nos. 3-6 & 8-10. Civil Petition for Leave to Appeal No. 548 of 2010. (From the judgment and order dated 7.1.2010 passed by the High Court D......e appeal on assigning proper reasons. We, therefore, find no reason to interfere with the same. The petition is accordingly dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 483. ...... 2000 for Tk. 9,14, 00,000/. 3. The defendant No.5 offered to the defenÂdant Nos.2-3 to settle up the aforesaid claim amicably with the defendant Bank. The defendant No.1 accordingly in its Board meeting held on 09.11.2000 agreed to settle and release the mortgaged properÂty provided that the d..Category: Civil Law | Date: | Hits: 93
Matiur Rahman and others Vs. Md. Nowab Ali and others, 2011, 40 CLC (AD)
....also on a correct and proper analysis of the legal aspects involved in the suit land the findings being a finding of facts are not liable to be disturbed by the High Court Division in exercisÂing of power under Section 115(1) of the Code of Civil Procedure." 8. The learned Advocate appearing for...... Lawyers Involved: Nikhil Kumar Saha, Senior Advocate, instructed by Muhammad Nawab Ali, Advocate-on-Record-For the Petitioners. Not represented-For Respondents. Civil Petition for Leave to Appeal No. 731of 2009. (From the judgment and order dated 22nd 1January, 2009 passed by the Hi......possession in the suit land. In the premises we do not find any merit in the leave petition. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 468.......possession in the suit land. In the premises we do not find any merit in the leave petition. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 468...Category: Procedural Law | Date: | Hits: 57
Abu Sufian and Others Vs. State, 1993, 22 CLC (HCD)
....had to be counted as working days of the Court. In counting working days only the Fridays, the holidays and the days on which the Presiding Judge was absent on leave and not relieved by a Judge, with power to try the case could be excluded from the working days of the Court. 9. This being the pos......€¦Petitioners Vs. State……………………Opposite Party (Criminal Revision No.1702 of 1991). Judgment February 18, 1993. Result: The Rules are made absolute. Cases Referred to- Mohammad Alam and 3 others Vs. State, 19 DLR (SC) 242; State Vs. Maulvi Muhammad Jamil and ot......had elapsed. Out of these working days, 164 days had been consumed on account of adjournment taken on behalf of the prosecution for the purpose of producing the accused from hajat. 7. A report was called for from the learned Sessions Judge on the calculation of the working days. The report submit......Sessions Case No.12 of 1990 be stopped and the accuseds be released for the present. Both the Rules are governed by this Judgment. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 610. ..Category: Criminal Law | Date: | Hits: 58
Abul Ahsan Joardar Vs. Kazi Misbahul Alam, 1992, 21 CLC (HCD)
....ported in 38 DLR 4, of course in this case the revisional application was filed against an order of discharge, but in the decision the requirements for the fulfilment of the conditions for exercising power under section 241A Cr.P.C. have been specifically enumerated in paragraph No.8 of the decision......dar……………………Petitioner Vs. Kazi Misbahul Alam……………………Opposite Party Judgment November 30, 1992. Result: The Rule is made absolute. Cases Referred to- Haji Azizur Rahman and others Vs. Syeedul Haque Chowdhury, 38 DLR 4; Ansaruddin Molla Vs. Ham......t an entry into the name of the auditors of the company by publishing their name in the prospectus. It has been further alleged that the appointment of the accused firm was collusively made in a re‑called Annual General Meeting of the company of accused No.1 without mentioning the date of the said......t has been further alleged that the appointment of the accused firm was collusively made in a re‑called Annual General Meeting of the company of accused No.1 without mentioning the date of the said meeting to the complainant opposite party; that the nomination of the share‑holders for appointmen..Category: Criminal Law | Date: | Hits: 98
....spondents to restore possession of the disputed house to them.
The Rule is, accordingly, discharged without any order as to costs.
Ed.
This Case is also Reported in: 45 DLR (HCD) (1993) 601.
......se is also Reported in: 45 DLR (HCD) (1993) 601.
......puted house being a Pakistani national and having left actually after liberation of Bangladesh the disputed house became abandoned property by operation of President's Order No.16 of 1972 hereinafter called PO 36 of 1972. As such, the Government took possession of the disputed house which was lying ......spondents to restore possession of the disputed house to them.
The Rule is, accordingly, discharged without any order as to costs.
Ed.
This Case is also Reported in: 45 DLR (HCD) (1993) 601.
..
Category: Property Law | Date: | Hits: 89
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