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Bangladesh Bank and another Vs. Sukamal Sinha Choudhury and another, 2011, 40 CLC (AD)

....t of General Manager. 3. The writ petitioner's case, as stated in the writ petition, is that the writ petitioner joined in Bangladesh Bank as Statistical Officer on 14.02.1979 in the Specialized Department and subsequently he was transferred to the General Side as Assistant Director. Later he was......ted earlier be extended till disposal of the appeal. This interim order shall not effect in any way retirement benefit of the respon­dent. Ed. This Case is also Reported in: 9 ADC (2012) 218.......ted earlier be extended till disposal of the appeal. This interim order shall not effect in any way retirement benefit of the respon­dent. Ed. This Case is also Reported in: 9 ADC (2012) 218...

Category: Employment/Service Law | Date: | Hits: 211

Nur Mohammad Bhuiyan and others Vs. Aysha Khatoon and others, 2011, 40 CLC (HCD)

.... Gani Biswas and others, 32 DLR (AD) 233; Abu Bakar Vs. Nazir Ahmed, 34 DLR (AD) 237. Lawyers Involved: Md. Mobarak Hossain, Advocate - for the petitioners. No one appears - for the opposite parties. Civil Revision No. 4269 of 1991. Judgment Md. Ruhul Quddus J. - This Rule at the i......egistered on 29.8.1949. The said conveyance deed was followed by another deed of reconveyance registered on the same date i.e. 29.8.1949. In the said deed of reconveyance, it was stipulated that on repayment of consideration money within the month of Poush of any year from 1357-1379 B.S., the plaint......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

Sree Binoy Krisna Saha and others Vs. Sree Reboti Mohon Saha and others, 2011, 40 CLC (HCD)

......Opposite Parties Judgment November 21, 2011. Result: The Rule is made absolute. Lawyers Involved: Md. Nurul Islam, Advocate - for the petitioners. Not represented- the Opposite parties. Civil Revision No. 924 of 2004. Judgment Md. Ruhul Quddus J. - This Rule at the i......rty to call for any document, recall or re-examine the witnesses and take additional evidence, if it is so required. Send down the lower Courts’ records. Ed. This Case is also Reported in: ......rty to call for any document, recall or re-examine the witnesses and take additional evidence, if it is so required. Send down the lower Courts’ records. Ed. This Case is also Reported in: ..

Category: Property Law | Date: | Hits: 66

National Board of Revenue and others Vs. Mustafizur Rahman, 2003, 22 CLC (AD)

....port entitlement, permit or licence issued by the competent authority, clearly indicated that the goods are imported for temporary period. (2) Bills of entry duly filled in along with all relevant particulars, proof of value, along with such other detail as may be required by the Collector of Cus......the National Board of Revenue is pleased to direct that such of the goods specified in the Schedule as are temporarily imported into Bangladesh with a view to subsequent re-exportation be exempt from payment of whole of customs-duty and sales tax payable thereon under the said Act and Ordinance, sub...... judgment with reference to the relevant provisions of the concerned SRO. In view of the above matter, the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: ..

Category: Fiscal/Taxation Law | Date: | Hits: 140

Government of Bangladesh and others Vs. Md. Salim Reza, 2003, 22 CLC (AD)

.... petition the respondent the rest 3rd and 4th grade employees have been virtually dismissed from their services and the said order was passed without any legal formalities and the impugned inquiry is partial, mala fide, based on imagination and without any evidence and the respondent was not given a......le to be cancelled. The learned Counsel lastly submitted that the salary of the respondent has been withheld and the respondent and other have not been paid their salary so long by illegally stopping payment of the salary of the respondent without initiating any legal proceedings whatsoever against ......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: ..

Category: Employment/Service Law | Date: | Hits: 155

M/S. G. K. Brothers and another Vs. M/S. Imperial Chemical Industries Bangladesh Limited, 2011, 40 CLC (HCD)

....roceeding of that case was stayed. It was the further case of the plaintiff respondent that before getting a kabala deed executed and registered, through Court, the defendant No. 1 and 2 was added as parties in the HRC Case No. 224 of 1983 and beyond the notice of the plaintiff they withdrew Taka 36......ion and that was dismissed by the judgment and order dated 28.02.1985 vide exhibit ‘Gha’. The Appellate Division directed the present appellant (defendant No. 1 and 2 of the instant suit) to make payment of a solatium of Taka 1, 00, 000/- within 30 days from the date of the order. As such the pl......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: ..

Category: Property Law | Date: | Hits: 113

Mst. Samrun Bibi alias Shaharan Bibi and others Vs. Md. Habibur Rahman and others, 2011, 40 CLC (HCD)

.... referred to- Abul Kalam Azad and another Vs. Sunhar Ali and others, 46 DLR (AD) 130. Lawyers Involved: Probir Neogi, Advocate - for the petitioners. Abdul Quiyum, Advocate - for opposite party No.1. Civil Revision No. 734 of 2011 Judgment Md. Ruhul Quddus J. - This Rule, at the......for amendment of the written statement could be allowed after closure of the plaintiff’s case in a suit for ejectment of monthly tenant at sufferance by introducing an inconsistent and new story of payment of salami, etc. which is a totally new case of permanent tenancy in place of monthly tenancy......t. No further adjournment will be allowed at the instance of the substituted defendants. Communicate a copy of the judgment. Faruque Ahmed J. - I agree. Ed. This Case is also Reported in: ..

Category: Property Law | Date: | Hits: 67

S. M. Basiruddin Vs. Zahurul Islam Chow­dhury and another, 1982, 11 CLC (AD)

....4 under Mouza Shahar Dacca, owned by Akshoy Kumar Saha Banik and Rangubala Choudhurani. Akshoy Kumar Saha Banik instituted Title Suit No.136 of 1946 in the First Court of Subordinate Judge, Dacca for partition and by the decree passed in the suit Akshoy Kumar Saha Banik got 1/3rd share and Rangubala......t as well as final publication of such records. Section 20 prescribed the quantum of land which can be retained by a person in his possession. Sections 21 and 22 provide that all lands are subject to payment of fair and equitable rent as determined by the Revenue-officer in accordance with the provi......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. ..

Category: Property Law | Date: | Hits: 85

Zillul Haq and others Vs. Maloti Bala Dey & others, 1998, 27 CLC (HCD)

.... in Title Appeal No.4 of 1996 reversing the judgment and decree dated 27-11-1995 passed by the Assistant Judge, Gowainghat, Sylhet in Title Suit No.174 of 1992. Malati Bala Dey, mother of opposite party No.1 (Ka) as plaintiff instituted a suit in the Court of the Subordinate Judge, Sylhet being ......bsequently, the said Binode Behari died in this country in 1962 as a citizen of the erstwhile Pakistan and since his death the plaintiff has been owning and possessing the suit property peacefully on payment of rent to the Government Acquired Estate. It was further contended that the aforesaid will ...... 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...

Category: Property Law | Date: | Hits: 88

Halima Jaman and other Vs. Government of Bangladesh, 1998, 27 CLC (HCD)

....le No. 404(f) of 1995. Judgment Md. Abdul Karim J.- This Rule under Order 47, rule 1 of the Code of Civil Procedure at the instance of plaintiffs-appellants was issued calling upon the opposite parties to show cause as to why the Judgment and decree dated 12th April, 1994, passed by a Division...... 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. ...... 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

Shefali Rani and others Vs. Makhan Chandra Das and others, 1990, 19 CLC (HCD)

....ification could not be established as there was no expert’s opinion that the aforesaid deeds Ext.2A and 2B were not executed by the plaintiff 1. 9. Mr. Gani, the learned Counsel for the opposite party, on the other hand, submits that there was no legal bar to register the documents by the Sub-r...... The documents in question, as described in the schedule of the plaint are declared as void and fraudulent. No order as to costs. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 341. ...... The documents in question, as described in the schedule of the plaint are declared as void and fraudulent. No order as to costs. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 341. ..

Category: Procedural Law | Date: | Hits: 105

Shaheen Mahmood Alam (Md.) Vs. Ziaur Rahman & others, 1997, 26 CLC (HCD)

....on Parishad. No other ground taken in this petition was pressed by Mr. Sircar. In the result, the Rule is made absolute. No costs. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 346. ......i Union Parishad PS Islampur, District-Jamalpur. He submitted the nomination paper on 4-11-97. 2. On the date of scrutiny on 5-11-97 the petitioner pointed out that the respondent No.1 defaulted repayment of loan taken from the House Building Finance Corporation and his nomination paper should no......ishad PS Islampur, District-Jamalpur. He submitted the nomination paper on 4-11-97. 2. On the date of scrutiny on 5-11-97 the petitioner pointed out that the respondent No.1 defaulted repayment of loan taken from the House Building Finance Corporation and his nomination paper should not be accept..

Category: Election Law | Date: | Hits: 153

Mokthar Masum Abedin and others Vs. Nironjan Kumar Mondol and others, 1997, 26 CLC (HCD)

....id application the learned Judge took the view that the petitioners did not file the application with clean hands and mind. The learned judge, ultimately, found that the petitioners are not necessary parties for proper adjudication of the case. 5. Aggrieved by such adjudication by the learned Ass...... two thousand) only to the plaintiff-opposite- party. Stay granted by this Court at the time of issuance of the Rule stands vacated. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 341....... two thousand) only to the plaintiff-opposite- party. Stay granted by this Court at the time of issuance of the Rule stands vacated. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 341...

Category: Procedural Law | Date: | Hits: 74

Ziauddin Ahmed Vs. Bangladesh,1994, 23 CLC (HCD)

....ed in Article 13 of the Universal Declaration of Human Rights with which passport authority is interfering, when it refuses or impounds or cancels a passport. It is a highly valuable right which is a part of personal liberty, an aspect of the spiritual dimension of man, and it should not be lightly ......e along with his son intended to make a short visit to his wife in USA and for that purpose he applied to the respondents for an International Passport being application No. 19676/92 dated 15.5.91 on payment of requisite fees. The respondent No. 3 by the impugned Memo. Annexure-A informed the petiti.......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...

Category: Constitutional Law | Date: | Hits: 238

Mayurer Nessa and others Vs. Julekha Khatoon and others, 1994, 23 CLC (HCD)

....d others...............................Appellants Vs. Julekha Khatoon and others............................Respondents Judgment November 21, 1994. Result: The appeal is allowed in part. Lawyers Involved: Amir Hossain with Farzana Hoque, Advocates ‑ For the Appellants. ......n Chakraborty on 4th Agrahayan 1331 BS and got a patta on the same date from the said landlord Ext. A(1) and since then they are in possession of the entire suit land except those three suit plots on payment of rents from before CS khatian in the name of Alabuddin and his heirs vide Ext. 'B' series.......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

Captain Md. Mobarak Hossain, Master, ATM Dolores Vs. MT Dolores and others, 1994, 23 CLC (HCD)

....$ 24,190.00 equivalent to Bangladeshi Taka 9,67,600.00. 2. The plaintiff submits that defendant No.1 vessel has no assets in Bangladesh. The plaintiff submits that the principal defendant opposite parties are now making preparation to beach and scrap the defendant No. 1 opposite party vessel MT D......ants Opposite Parties. Admiralty Suit No. 15 of 1994. Judgment Mainur Reza Chowdhury J.-This is an application by the plaintiff for arrest of defendant No.1 vessel MT Dolores as security for payment of his claim US $ 24,190.00 equivalent to Bangladeshi Taka 9,67,600.00. 2. The plaintiff ......e plaintiffs aforesaid claim. In the circumstances, the application for attachment/arrest of the defendant No. 1 vessel is rejected. Ed. This case is also Reported in: 47 DLR (HD) (1995) 80. ..

Category: Civil Law | Date: | Hits: 99

Santosh Kumar Paul Vs. Nuruddin Ansari, 1993, 22 CLC (HCD)

....mar Paul........... ....................Appellant Vs. Nuruddin Ansari.... ..................................Respondents Judgment November 25, 1993. Result: The Appeal is allowed in part. Cases Referred to- Abdul Mannaf Khan and others Vs. Bangladesh and another, 38 DLR (AD) ......nt for a consideration of Rs. 1201.00 and accordingly, executed a Bainapatra on the 16th Paush, 1377 BS corresponding to 1.1.71 vide Ext. B. on receipt of a sum of Rs. 901.00 as earnest money in part payment. The plaintiff‑appellant promised to execute and register the Kabala deed in favour of the......ate Court is set aside and that of the trial Court is upheld in part with the above term. Let the records be sent down expeditiously. Ed. This Case is also Reported in: 47 DLR (HCD) (1995) 70...

Category: Procedural Law | Date: | Hits: 129

Lt. Cdr (Retd) AHM Mahmud Vs. Masud Ahmed, 2010, 39 CLC (HCD)

....................Petitioner 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......ey bore bad animus against the petitioner which is evident from the fact that the cost of the machinery which had allegedly been illegally ordered and obtained in the year, 1988 was deducted from the payment due to the petitioners. The petitioner also points out that it is apparent from the opinion ...... 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. ..

Category: Employment/Service Law | Date: | Hits: 156

Ataur Rahman (Md.) Vs. Bangladesh and others, 2010, 39 CLC (HCD)

.... constitutional posts, such as the Judges of the Supreme Court of Bangladesh, Attorney-General, Comptroller and Auditor-General, Members of Parliament and Members of the Judicial Service etc. are not parts of the Civil Service of the Republic and they cannot be compared with the servants of the Repu......is still in seisin of the matter.   Consequently, the prayer for certificate is rejected.  Ed.  This Case is also Reported in:62 DLR (HCD) (2010) 329; 30 BLD (HCD) (2010) 154. ......is still in seisin of the matter.   Consequently, the prayer for certificate is rejected.  Ed.  This Case is also Reported in:62 DLR (HCD) (2010) 329; 30 BLD (HCD) (2010) 154. ..

Category: Constitutional Law | Date: | Hits: 270

Bazlur Rahman (Md.) Vs. Government of the People's Republic of Bangladesh, 2009, 38 CLC (HCD)

....seem fit and proper."  2. In the writ petition, it has been stated that the respondent No.2 Bangladesh (Freedom Fighters) Welfare Trust constituted for the Welfare of the freedom fighters and particularly the disabled (incapable of pursuing any normal vocation because of injuries suffered du......ladesh (Freedom Fighters) Welfare Trust Regulation in 1984 in order to regulate the affairs of the Trust concerning the rehabilitation of disabled freedom fighters through proper listing and ensuring payment of benefits and allowance to them. The injured Freedom Fighters applied for their enlistment......from the date of receipt of the Judgment and order.  Communicate the order at once.  Ed.  This Case is also Reported in: 62 DLR (HCD) (2010) 360; 18 BLT (HCD) (2010) 279. ..

Category: Others | Date: | Hits: 149