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Md. Nafaruddin Mollah Vs. Md. Serajuddin Khan & Others, 2007, 36 CLC (AD)

....gment. In the result, the application has no merit and accordingly dismissed without any order as to costs. Ed. This Case is also Reported in: 20 BLT (AD) (2012) 164. ......n produced to show that it was "Peerer Dargabari". It appears that there is no existence of "Peerer Dargabari" and as such, the comment in the comment column of a Khatian has not been recorded at the time of recording of the recent Khatian as the same has no basis. Moreso, the subsequent Khatians ar......ce with the impugned judgment. In the result, the application has no merit and accordingly dismissed without any order as to costs. Ed. This Case is also Reported in: 20 BLT (AD) (2012) 164. ......ce with the impugned judgment. In the result, the application has no merit and accordingly dismissed without any order as to costs. Ed. This Case is also Reported in: 20 BLT (AD) (2012) 164. ..

Category: Property Law | Date: | Hits: 116

Abdus Salam Vs. Md. Ustar and another, 1982, 11 CLC (HCD)

....sion No. 50 (C) of 1982. Judgment Sultan Hossain Khan J.- This rule under section 115(1) of the Code of Civil Procedure is directed against the Judgment and order passed by the learned Subordinate Judge, Sylhet affirming those of the learned Munsif, Moulvi Bazar, passed in an application unde......se) were partitioned by a deed of partition dated 17.11 68; the pre-emptee petitioner is a stran­ger to the suit land and that pre-emptor the opposite, parties came to know of the sale for the first time in the end of Jaishtha, 1380 B.S and that he definitely came to know of the sale on receipt of ......ge 1124). In the result this rule fails and it is accordingly discharged without any order as to cost. The stay order is vacated. Ed. This Case is also Reported in:35 DLR (HCD) (1983) 65. ......ge 1124). In the result this rule fails and it is accordingly discharged without any order as to cost. The stay order is vacated. Ed. This Case is also Reported in:35 DLR (HCD) (1983) 65. ..

Category: Property Law | Date: | Hits: 113

Matira Bewa & others Vs. Sree Sudhir Chandra Saha & others, 1982, 11 CLC (HCD)

....irmed. There will be no order as to costs. Chowdhury ATM Masud J.- I agree. Ed. This Case is also Reported in: 35 DLR (HCD) (1983) 56. ......dgment February 10, 1982. Result: The appeal is allowed. Cases Referred to- Sarat Chandra Nath Vs. Faiz and others, 9 DLR 315; Meheri Bibi and ano­ther Vs. D. Ghose, 30 I.A. 114; Maritime Electric Co. Ltd. Vs. General Dai­ries, Ltd., AIR 1937 Privy Coun­cil 114; Mian Muhammad Saee......for a declaration that a kabulyat dated 17 Chaitra, 1362 B.S. corresponding to 31st March, 1956 executed by Jan Mamud is favour of the plaintiffs in respect of the suit lands is null and void and for recovery of possession of Schedule 'A' out of the suit lands and confirmation of possession in Sched......d those of the Courts below are restored, upheld and affirmed. There will be no order as to costs. Chowdhury ATM Masud J.- I agree. Ed. This Case is also Reported in: 35 DLR (HCD) (1983) 56. ..

Category: Property Law | Date: | Hits: 146

Suratunnessa and others Vs. Nurjahab Bibi and others, 2011, 40 CLC (AD)

....e appellants. We therefore, find no reasons to interfere with the same. The appeal is accordingly dismissed. Ed. This Case is also Reported in: 20 BLT (AD) (2012) 74. ......r alia, that the pre-emptors came to know about the transaction on the date of execution. That is, on 25.12.1992 as the respondent No.3 Abdur Rahman who is also the pre-emptor No.3 was present at the time of writing the kabala and presentation of the same for registration and that the kabala was ent......ed Senior Counsel for the appellants. We therefore, find no reasons to interfere with the same. The appeal is accordingly dismissed. Ed. This Case is also Reported in: 20 BLT (AD) (2012) 74. ......ed Senior Counsel for the appellants. We therefore, find no reasons to interfere with the same. The appeal is accordingly dismissed. Ed. This Case is also Reported in: 20 BLT (AD) (2012) 74. ..

Category: Property Law | Date: | Hits: 84

Mazharul Haque Vs. Bulk Management (Bangla­desh) Ltd. and others, 1996, 25 CLC (HCD)

....Chowdhury J Mazharul Haque.....................Petitioner Vs. Bulk Management (Bangla­desh) Ltd. and others.................Respondents Judgment April 4, 1996. Result: The application is rejected. Case Referred to- Re Chesterfield Catering Co. Ltd., (1976) All England Law......Wan c) BCIC: 1. Mr. Shah Mohammad Nuruzzaman 2. Mr. Serajuddin Ahmed Chowdhury The Directors nominated by BCIC have been changed from time to time, but others remained unchanged except for Mr. Firdaus Alam who died on 26‑4‑84. Aft...... present petition for winding up. The present application is therefore not admitted. It is rejected without any order as to costs. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 453. ...... present petition for winding up. The present application is therefore not admitted. It is rejected without any order as to costs. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 453. ..

Category: Company Law | Date: | Hits: 185

Mahatab Hossain (Md) Vs. Upazila Nirbahi Officer and others, 2006, 35 CLC (HCD)

....rity at once. Ed. This Case is also Reported in: 59 DLR (2007) 157. ......and Co-ordination Committee and accordingly, on 24-11-2001 the report was submit­ted wherein it was found that the petitioner had been guilty of negligence, misconduct, unauthorised absence for long time and engaged himself in other activities in neglecting official duty intentionally in violation ......for his village home and thereafter he fell ill and could not join his duties and accordingly, he prayed for extension of leave on medical ground by submitting as many as eight applications and after recovery from illness on 26-1-1994 he filed an application along with medical certificate for joinin......of the receipt of a copy of this judgment in accordance with law. Communicate a copy of the judgment to the concerned authority at once. Ed. This Case is also Reported in: 59 DLR (2007) 157. ..

Category: Employment/Service Law | Date: | Hits: 180

Dr. Md. Alamgir Vs. Vice Chancellor, BUET and others, 2001, 30 CLC (HCD)

.... Khairul Haque J Dr. Md. Alamgir …………………….Petitioner Vs. Vice Chancellor, BUET and others………. Respondents Judgment April 15, 2001. Lawyers Involved: Subrata Chowdhury, with Promila Biswas, Advocates — For the Petitioner. Not represented —the Resp......il Engineering was stayed. Rather, this matter was not taken up in the subsequent meetings of the syndicate although appointments of other Departments were being duly considered by the Syndicate from time to time. As such the petitioner through his learned Advocate issued a Notice for demand of just......l not make any order as regards the ad-hoc appointments of the respondent Nos. 3 and 4. In the result, this Rule is made absolute in part. Ed. This Case is also Reported in: 53 DLR (2001) 398.......l not make any order as regards the ad-hoc appointments of the respondent Nos. 3 and 4. In the result, this Rule is made absolute in part. Ed. This Case is also Reported in: 53 DLR (2001) 398...

Category: Employment/Service Law | Date: | Hits: 160

Agrani Bank, Janna Branch, Manikganj Vs. AFM Emamul Huq, 1998, 27 CLC (HCD)

....ower Court records from this Court. Send down the lower Court records at once. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 173.......d the loan money failed to repay the loan an enquiry was conducted and it was found that the reasons named in the list are all fictitious persons and the defendant who was the manager at the relevant time by practising fraud upon the bank misappropriated the amount allegedly distributed to the loane......within 6(six) months from the date of receipt of the lower Court records from this Court. Send down the lower Court records at once. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 173.......within 6(six) months from the date of receipt of the lower Court records from this Court. Send down the lower Court records at once. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 173...

Category: Civil Law | Date: | Hits: 202

Mohammad Ismail Vs. Bangladesh, 2010, 39 CLC (HCD)

....yor No. 1 of Teknaf Paurashava, Upazila-Teknaf, District—Cox’s Bazar. …………………Petitioner Vs. Bangladesh represented by the Secretary, Ministry of Local Government, Rural Co-operative, of the People’s of the People Republic of Bangladesh Secretariat, P.S.-Ramna, Dhaka—1000 ......ered the petitioner to exercise financial power due to the custody of the Pourashava Chairman /Mayor under the provision of section 11(1) of Pourashava Ordinance until further order. 5. In the meantime, some allegations were brought against the petitioner and an enquiry was also held by the A.D.C......acts. In the result, the Rule is discharged without however any order as to costs. The status-quo order granted in this Rule stands vacated. This Case is also Reported in: 30 BLD (HCD) 2010, 360.......acts. In the result, the Rule is discharged without however any order as to costs. The status-quo order granted in this Rule stands vacated. This Case is also Reported in: 30 BLD (HCD) 2010, 360...

Category: Others | Date: | Hits: 136

Manirul Huda Vs. National Board of Revenue, represented by its Chairman, Segunbagicha, Ramna, Dhaka and others, 2010, 39 CLC (HCD)

....MLR (HCD) (2011) 23; 7 LG (HCD) (2010) 325. ......es since beginning of his practicing career in 1959 and has been recognized as a "long term and zonal highest tax payer" and the Government awarded him in honour of his being one of the zonal longest time tax payer and he received the said award from the government. It has been stated that the petit...... should be discharged outright. In the result, the Rule is discharged, however, without an order as to cost. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 23; 7 LG (HCD) (2010) 325. ...... should be discharged outright. In the result, the Rule is discharged, however, without an order as to cost. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 23; 7 LG (HCD) (2010) 325. ..

Category: Fiscal/Taxation Law | Date: | Hits: 227

AKM Mozammel Huq Vs. Chancellor of the National University, represented by the Secretary, Ministry of Education, Bangladesh Secretariat, Dhaka and others, 2011, 40 CLC (HCD)

....al Jurisdiction) Present: AHM Shamsuddin Choudhury J Gobinda Chandra Tagore J AKM Mozammel Huq......................................................Petitioner Vs. Chancellor of the National University, represented by the Secretary, Ministry of Education, Bangladesh Secretariat, Dha......uring his term the said Vice-Chancellor appointed a total of 1222 persons in violation of various recruitment Rules, which are stated below. Most of these violations are internal in nature and at the time of hearing of Writ Petition No.5125 of 2004 neither the writ-petitioner nor the present petitio......ection section 141 CPC and the decision in the case of Thakur Prasad Vs Fakirullah, ILR 17 Allahabad 106 and Neerala Tea Estate Vs. Government 41 DLR 90 may be seen. Civil proceeding is a process for recovery of individual right or redress of individual wrong, inclusion, in its proper legal sense, o......d from 17th November, 2003 to 31st August 2004, and remove them from the employment of National University without delay”. Gobinda Chandra Tagore J. - I agree This Case is also Reported in: ..

Category: Administrative Law | Date: | Hits: 371

Abdul Khaleque and others Vs. State, 1996, 25 CLC (HCD)

....ny other case. Accused appellant Shava Mia is discharged from his bailbond. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 446. ......ted Sirajul Islam to take a cup of tea. He did not accept his request. Thereafter Rashid asked him why he had abused him. Thereafter there was a hot altercation between them and at a certain point of time Rashid dragged him by catching his shirt. Shava also caught him and then they pushed Siraj in t......t at liberty forthwith if not wanted in connection with any other case. Accused appellant Shava Mia is discharged from his bailbond. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 446. ......old of deceased victim Sirajul Islam by the collar of his shirt and they fell into the water of the tank. There being no allegation or material on record to show that these accused appellants had any arms or weapons in their hands and further that while they were in water prosecution allegation is t..

Category: Criminal Law | Date: | Hits: 117

Monwar Ali Vs. Dhaka Club Ltd. & others, 1996, 25 CLC (HCD)

....llaneous Appeal No.209 of 1995; Shafiuddin Sarwar Vs. Dhaka Club Limited and others, 45 DLR 753; Secretary, Dhaka Club Ltd. Vs. Mustafa Jamal, 31 DLR 387. Lawyers Involved: Shafique Ahmed, Advocate ‑ For the Petitioner. Habibul Islam Bhuiyan, Advocate ‑ For the Opposite Party. Civil ......a local unknown lady. Security Guard since failed to identify her and thinking that she would be his wife allowed the plaintiff‑petitioner to enter into the ball room along with the said lady. Some time, after it attracted the notice of other members of the club when they started whispering. The l......28.2.96 is hereby vacated. No order as to­ costs. The office is directed to send a copy of this order to the trial Court at once. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 492. ......28.2.96 is hereby vacated. No order as to­ costs. The office is directed to send a copy of this order to the trial Court at once. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 492. ..

Category: Civil Law | Date: | Hits: 110

Amiren Nessa and another Vs. Harun Mia and others, 1982, 11 CLC (HCD)

....ear their respective costs up to this stage. Amin-Ur-Rahman Khan J.- I agree. Ed. This Case is also Reported in: 35 DLR (HCD) (1983) 11.......e in terms of the rules of partition. Defendant No.1 is also entitled to a separate saham to the extent of her share of .549/16 acres of land out of suit land. The parties are allowed 2 (two) months' time to effect partition amicably failing which it shall be effected by a Commissioner appointed by ......d circums­tances of the case we direct the parties to bear their respective costs up to this stage. Amin-Ur-Rahman Khan J.- I agree. Ed. This Case is also Reported in: 35 DLR (HCD) (1983) 11.......d circums­tances of the case we direct the parties to bear their respective costs up to this stage. Amin-Ur-Rahman Khan J.- I agree. Ed. This Case is also Reported in: 35 DLR (HCD) (1983) 11...

Category: Property Law | Date: | Hits: 93

Fazlul Huq Haider @ Mollah Vs. State, 1982, 11 CLC (HCD)

....ion (Criminal Revisional Jurisdiction) Present: Md. Habibur Rahman J Mustafa Kamal J Fazlul Huq Haider @ Mollah………………………………………Petitioner Vs. The State……………………………………Respondent Judgment June 25, 1982. Result: ......ution witnesses and the accused, it is quite common in this poor country that the accused persons in defending them­selves in a case become totally ruined financially, mentally and physically by the time the trial is over, even if they are acquitted at the end of the trial. Thus, the prosecution of...... the trial Court immediately. The trial Court is directed to proceed with the trial as early as possible. Mustafa Kamal J.- I agree. Ed. This Case is also Reported in: 35 DLR (HCD) (1983) 1. ...... the trial Court immediately. The trial Court is directed to proceed with the trial as early as possible. Mustafa Kamal J.- I agree. Ed. This Case is also Reported in: 35 DLR (HCD) (1983) 1. ..

Category: Criminal Law | Date: | Hits: 92

Rezaul Bari (Md.) Vs. Bangladesh & others, 2010, 39 CLC (HCD)

.....................Petitioner Vs. Bangladesh & others .........Respondents Judgment March 9, 2010. Result: The Rule is discharged. Cases Referred to- Makbul Hossain Vs. State, 40 DLR 326; Khorshed Alam Vs. State, 27 DLR 111. Lawyers Involved: Md. Khairul Alam, Advo......he Durniti Daman Commission within two days from the date of lodging the FIR is not mandatory in nature. So for that reasons the proceeding cannot be declared void. He further submits that in the meantime as per direction of the learned Additional Chief Judicial Magis­trate the case record has been......ged without any order as to costs. The order of stay granted earlier is hereby recalled and vacated. Communicate this judgment at once. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 54.......ged without any order as to costs. The order of stay granted earlier is hereby recalled and vacated. Communicate this judgment at once. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 54...

Category: Anti-Corruption Laws | Date: | Hits: 142

SM Aynul Kabir and others Vs. Kambar Ali and others, 2010, 39 CLC (HCD)

....; Serajuddin Vs. Mizanur Rahman, 29 DLR (SC) 82; Uttara Bank Vs. Macneill Kilburn, 33 DLR (AD) 298; American Cyanamid Co. Vs. Ethicon Ltd., 1975 AC 396 Lawyers Involved: ASM Abdur Razzak, Advocate - For Petitioners. Abul Kalam Moinuddin, with Md. Abdul Bari, Advocates - For the Opposite Pa......there is no nexus between the terms of injunction and relieves claimed in suit. 8. In our jurisdiction, it appears that the question of injunction against construction in urban areas for the first time was considered in the case of Ali Ahmed Vs. Rezia Begum reported in 1986 BLD 326 and a Division......6-2005 and status-quo dated 7-5-2008 granted earlier by this Court stand vacated. Office is directed to send down the record at once. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 51.......6-2005 and status-quo dated 7-5-2008 granted earlier by this Court stand vacated. Office is directed to send down the record at once. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 51...

Category: Civil Law | Date: | Hits: 111

Asgar Ali Mia and others Vs. Bangladesh and others, 2010, 39 CLC (HCD)

....here will be no order as to costs. Sent down the lower Court's records at once. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 37.......nt address of the recordees is written as “ভারত পক্ষে বাংলাদেশ সরকার”. The said RS Khatian was prepared and published wrongly. It is stated that at the time of preparation of the said RS Khatian, the plaintiff Nos.2 and 3 were minors and students and p...... (F) of 2004 is disposed of accordingly. However, there will be no order as to costs. Sent down the lower Court's records at once. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 37....... (F) of 2004 is disposed of accordingly. However, there will be no order as to costs. Sent down the lower Court's records at once. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 37...

Category: Property Law | Date: | Hits: 147

Mannaco Lab. Ltd. Vs. General Certificate Officer & Bangladesh Shilpa Bank, 1989, 18 CLC (HCD)

....on (Sylhet Bench) (Special Original Jurisdiction) Present: Syed Misbahuddin Hossain J Qazi Shafiuddin J Mannaco Lab. Ltd.......................Petitioner Vs. General Certificate Officer & Bangladesh Shilpa Bank, Taltola, Hill Town Hotel........................................ a sum of Tk.10, 00,000/- in favour of the Shilpa Bank within 5 weeks. The petitioner in due course in fulfilling its undertaking has depos­ited Tk. 10, 00,000/- with the bank within the speci­fied time. 3. In 1975 the petitioner, the Mannaco Laboratories Ltd., a Pharmaceutical industry engaged......the terms of the agreement intended to recover the entire loan. In the instant case the Bank arbitrarily demanded repay­ment of the loan in full contrary to the terms of the previous agreements. For recovery of such claim, the legislature has laid down a procedure in article 33 where the industrial......ted 29.2.88 issued by the respondent No.1 in the aforesaid certificate case are without any lawful authority and of no legal effect. Ed. This Case is also Reported in: 42 DLR (HCD) (1990) 159. ..

Category: Civil Law | Date: | Hits: 171

Ayezuddin Sheikh & others Vs. Abdul Karim Sheikh & others, 1989, 18 CLC (HCD)

....: The Rule is made absolute. Cases Referred to- 26 DLR(AD)1(8);38 DLR (AD)33(8);22 DLR (SC)102(11);AIR 1957 Cal. 242(11);22 DLR (SC)144(13). Lawyers Involved: Hasan Foez Siddique, Advocate—For the Pe­titioners. Gazi Siddique Ahmed, Advocate—For the Op­posite Parties. Civil...... Ahmed, the learned Ad­vocate appearing for the contesting opposite parties, on the other hand, submits that this point was not raised specifically by the present petitioners as re­spondents at the time of hearing of the said appeal and as such this can not be raised now. I have heard the learned ......oncerned. In the facts and circumstance of the case, there will be no order as to costs. Let the records be sent down immediately. Ed. This Case is also Reported in: 42 DLR (HCD) (1990) 154. ......oncerned. In the facts and circumstance of the case, there will be no order as to costs. Let the records be sent down immediately. Ed. This Case is also Reported in: 42 DLR (HCD) (1990) 154. ..

Category: Procedural Law | Date: | Hits: 174