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

....he plaintiff took Title Appeal No.78 of 1990. The appeal was contested and it was dismissed by the impugned judgment and decree dated 18-7-90 by the Subordinate Judge 1st Court, Lakshmipur. 3. The relevant facts of the case is that the property in dispute comprising an area of 0.35 acres land bel...... 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. ...... costs. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 341. ......he plaintiff No.2 Sefali Rani Das vide Ext 1(A), later on, plaintiff No.1 sold the remaining 0.171/2 acres land to the plaintiffs 3-5 by Ext. 2 dated 11-9-82. The dispute has arisen in respect of two documents, namely, Exts 2A and 2B. According to the plaintiffs, the defendant No.1 Makhan Chandra Da..

Category: Procedural Law | Date: | Hits: 105

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

....tainable. Misdescription of a provision of law or misquotation of a particular section or Order or Rule in the heading cannot stand in the way of the said application being considered to be under the relevant law and them cannot be any ground to refuse to grant the proper relief or reliefs to which ...... 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.......acated. 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

Abdul Motaleb Shaque and others Vs. State, 1994, 23 CLC (HCD)

....ose of a trial: (a) only the working days of the Court shall be counted; and (b) the days spent on account after his release on bail, if any, shall not be counted." 10. After considering the relevant sub‑sections of section 339C and the above decisions we are of the opinion that, the expr......is nothing to interfere with the impugned order. The Rule is discharged. The stay order granted earlier by this Court is hereby vacated. Ed. This Case is also Reported in: 47 DLR (HCD) (1995) 24....... This Case is also Reported in: 47 DLR (HCD) (1995) 24.......is nothing to interfere with the impugned order. The Rule is discharged. The stay order granted earlier by this Court is hereby vacated. Ed. This Case is also Reported in: 47 DLR (HCD) (1995) 24...

Category: Procedural Law | Date: | Hits: 80

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

....uld not and cannot interfere with such question of fact. 16. I have heard the learned Advocate of both the sides and carefully considered their submissions vis‑a‑vis evidence on record and the relevant laws and I find much force in the above submissions of the learned Advocate, for the respon......the defendant‑respondent in good faith went to see him at the shop of one Tafazzal Mia of the rice-patti where the defendant respondent asked the plaintiff to put his signature in two blank stamp­ papers but the plaintiff-appellant was hesitating when the defendant‑respondent drew his attention......t 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) 201; Durga Chowdrain v. Jawahir Singh, 17 Indian ......resent suit being Title Suit No. 221 of 1973 as stated above. It was further stated in the plaint that it was the apprehension of the plaintiff that the defendant might create antedated and collusive documents in the blank stamp‑papers in which he obtained the signatures of the plaintiff by undue ..

Category: Procedural Law | Date: | Hits: 129

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

....why they should not be proceeded against for contempt of Court for vio­lating the order dated 07-2-2005 passed by the High Court Division in Writ Petition No.377 of 1991. 2. The facts of the case relevant for disposal of this Rule, in brief, are that the petitioner, Lt. Cdr. (Retd.) AHM Mahmud r......ent a legal notice on 13-4-2008 and filed the Contempt Petition on 27-4-2008 and obtained the instant Rule. 4. Subsequently, the petitioner filed numerous supplementary affidavits annexing various papers in support of his contentions. The contemnors filed affidavit-in-opposition and also several ......রাষ্ট/৬১৩ dated 09-3-1991 passed by the then Secretary of the Muktijudda Kalyan Trust accepting the petitioner's resignation more than one year after it was submit­ted. By judgment and order dated 07-2-2005 the Rule in the aforementioned writ petition was made absolute declaring t...... 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

Obaidullah Khondaker (Sohel) Vs. Government of Bangladesh and others, 2010, 39 CLC (HCD)

....vision in Civil Appeal No.85 of 2006. 8. We have heard the learned Counsel Mr. ABM Wailur Rahman Khan and the learned Deputy Attorney-General Mr. Korunamoy Chakma and perused the Writ Petition and relevant Annexures annexed thereto. 9. Admittedly, there was an agreement between the petitioner ......judgment. Let a copy of this Judgment be immediate­ly transmitted to each of the respondents for infor­mation and necessary action. Ed. This Case is also Reported in: 63 DLR (HD) (2011) 144.......Special Original Jurisdiction) Present: Moyeenul Islam Chowdhury J AKM Abdul Hakim J Obaidullah Khondaker (Sohel)............................Petitioner Vs. Government of Bangladesh and others…………………………Respondents Judgment February 22, 2010. Result: ......judgment. Let a copy of this Judgment be immediate­ly transmitted to each of the respondents for infor­mation and necessary action. Ed. This Case is also Reported in: 63 DLR (HD) (2011) 144...

Category: Property Law | Date: | Hits: 66

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

.... Asaduzzaman and the counter-submissions of Mr. Abdur Rab Chaudhury and perused the Writ Petition, Supplementary Affidavit, Affidavits-in-Opposition, and Supplementary Affidavit-in-Opposition and the relevant Annexures annexed thereto.  38. In the first place, we are to determine as to wheth......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. ...... (Special Original Jurisdiction)  Present: Syed Refaat Ahmed J  Moyeenul Islam Chowdhury J  Ataur Rahman (Md.)...............Petitioner  Vs.  Bangladesh and others…………………Respondents  Judgment  February 4, 2010.  Res......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)

....had made the Rule absolute and given direction to the respondents to cause payment of State Honorarium from June 2003 and also to pay arrears to the petitioner of WP No.2183 of 2004.  21. The relevant observations made in the Judgment are reproduced below:  “It is a matter of surpr......Judgment. On close reading of the Judgment, it appears that their Lordships had dealt with the similar facts and laws on the subject and upon scrutiny of the PO 94 of 1972 and Rules of 1984 and other papers relating to the grant of State Honorarium had made the Rule absolute and given direction to t......desh..........Respondents  Judgment  July 15, 2009.  Result:  The Rule is made absolute.  Privilege once given cannot be taken away without due process of law and if there is any plan to stop the privilege, the beneficiaries must be served with notice or give......e writ petition, affidavit-in-opposition filed by the respondent No.2, and the supplementary affidavit, Affidavit-in-reply filed by the petitioners and submitted that after examining all the required documents and in compliance of all required formalities and after being satisfied, the petitioners w..

Category: Others | Date: | Hits: 149

Abul Basher Chowdhury Vs. Habibur Rahman Mia and others, 1978, 7 CLC (AD)

....on the basis of which the result of the election has been declared was properly made. The appeal is dismissed with no order as to costs. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 297.......r transfer of the election petition to another Tribunal and erred in resorting to recounting of ballots without examining any of the Election Offi­cers to prove that the gunny bags containing ballot papers were received in good condition and that there was no tampering with the pac­kages. Lastly, ...... order as to costs. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 297.......on the basis of which the result of the election has been declared was properly made. The appeal is dismissed with no order as to costs. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 297...

Category: Election Law | Date: | Hits: 159

American Life Insurance Company Vs. Dacca Poura Shaba and others, 1978, 7 CLC (AD)

....ition held that the Ad­ditional Commissioner passed the order not in his capacity as the Controlling Authority but as the appellate authority and the Additional Commissioner totally misconstrued the relevant rule and in applying the rules exceeded his juris­diction, and thereby acted illegally int...... following order was passed; “Parties present i.e. are represented by their lawyers. Seen the petition and the replies of the Municipality and also heard the lawyers and looked into the relevant papers including the Municipal Administration Ordinance and the Ru­les & Orders and the Model T...... Court Appellate Division (Civil) Present: Fazle Munim J Ruhul Islam J KM Subhan J American Life Insurance Company……………………Appellant Vs. Dacca Poura Shaba and others……………………Respondent Judgment May 23, 1978. Result: The appeal ......s to costs. Order of the Court. In accordance with the view of the ma­jority, we allow this appeal without any order as to costs. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 276...

Category: Fiscal/Taxation Law | Date: | Hits: 156

Bangladesh Steamer Agent's Association Vs. Bangladesh & others, 1979, 8 CLC (AD)

....le of natural justice requiring hearing to be granted to a person before being condemned applies not only to judicial or quasi-judicial proceedings but also to administrative proceedings provided the relevant statute does not exclude its application and requires the administrative authority concerne......udgment of the High Court Division is set aside and the impugned order is set aside as having been passed without any lawful authority. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 272.......dgment May 31, 1979. Result: The appeal is allowed. Cases Referred to- Abul Alla Moududi Vs. Govt. of East Pakistan, (1965) 17 DLR (SC) 209; PLD 1964 SC 673; Abdur Rahman Vs. Collector and Deputy commissioner, (1964) 16 DLR (SC) 461; Eidge Vs. Baldwin and others, (1963) 2 All R.R. 66.......udgment of the High Court Division is set aside and the impugned order is set aside as having been passed without any lawful authority. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 272...

Category: Business or Commercial Law | Date: | Hits: 208

State Vs. Monsur Alam alias Mon Miah and others, 2012, 41 CLC (AD)

....for leave to appeal is directed against the judgment and order dated 23.03.2011 passed by a Division Bench of the High Court Division in Criminal Appeal No.4412 of 2006 allowing the appeal. 2. The relevant facts of the case are as follows: On 25.11.2002 Abdul Awal (victim) went to Khagatua Baz...... prepare the paper book out of Court in accordance with Rules. The order of stay granted earlier is extended till disposal of the appeal. Ed. This Case is also Reported in: 9 ADC (2012) 268. ......mud Hossain J Muhammad Imman Ali J Md. Momtazuddin Ahmed J Md. Shamsul Huda J The State……………………………………………..Petitioner Vs. Monsur Alam alias Mon Miah and others……………………………Respondents Order December 5, 2012. Result: ...... prepare the paper book out of Court in accordance with Rules. The order of stay granted earlier is extended till disposal of the appeal. Ed. This Case is also Reported in: 9 ADC (2012) 268. ..

Category: Criminal Law | Date: | Hits: 122

Abeda Chowdhury Vs. State and another, 2009, 38 CLC (HCD)

....Advocate for the petitioner is per­mitted to take back the certified copies of the annexure by replacing the photocopies of the same. Ed. This Case is also Reported in: 63 DLR (HD) (2011) 118. ...... stands vacated. The learned Assistant Metropolitan Sessions Judge, 5th Court, Dhaka is directed to dispose of the case within 4(four) months from the date of receipt of this order considering the papers and documents filed by the accused petitioner. The learned Advocate for the petitioner is ......ourt Division (Criminal Miscellaneous Jurisdiction) Present: Siddiqur Rahman Miah J Md. Ataur Rahman Khan J Abeda Chowdhury..................................Petitioner Vs. State and another.................................Opposite Parties Judgment October 29, 2009 Resu......inant was filed within time and the petition­er did not raise any objection on this point. The last point for determination in this case is whether the accused petitioner has succeeded to produce documents towards the payment of dues of the opposite party No.2 inspite giving a lot of time. 21..

Category: Criminal Law | Date: | Hits: 113

Rowshena Jahan Vs. State and another, 2010, 39 CLC (HCD)

....deem fit and proper. 2. At the time of issuance of the Rule, all fur­ther proceedings of the above mentioned Case was stayed and the accused-petitioner was also granted ad-interim bail. 3. The relevant facts for disposal of the Rules are that the petitioner Mrs. Rowshena Jahan accused No.2 is......rned Court shall proceed with the case in accordance with law. Send a copy of the judgment and order to the Court below immediately. Ed. This Case is also Reported in: 63 DLR (HD) (2011) 90. ......order to the Court below immediately. Ed. This Case is also Reported in: 63 DLR (HD) (2011) 90. ......rned Court shall proceed with the case in accordance with law. Send a copy of the judgment and order to the Court below immediately. Ed. This Case is also Reported in: 63 DLR (HD) (2011) 90. ..

Category: Criminal Law | Date: | Hits: 100

Sukhamoya Dutta Gupta Vs. Abdul Gafur and others, 1979, 8 CLC (AD)

....na fide claim of right; and their entry into the disputed property in assertion of that right constituted criminal trespass within the meaning of section 441 of the Bangladesh Penal Code. 3. Facts relevant for disposal of this appeal are: The appellant lodged a written first information repor....... Accordingly the appeal is allowed. The order of the High Court un­der appeal is set aside and those of the Courts below are restored. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 262.......late Division (Criminal) Present: Kemaluddin Hossain CJ Ruhul Islam J KM Subhan J Badrul Haider Chowdhury J Sukhamoya Dutta Gupta..................Appellant Vs. Abdul Gafur and others..................Respondents Judgment April 12, 1979. Result: The appeal is a....... Accordingly the appeal is allowed. The order of the High Court un­der appeal is set aside and those of the Courts below are restored. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 262...

Category: Criminal Law | Date: | Hits: 94

Syed Abdul Ali Vs. Secretary, Ministry of Cabinet Affairs, Establishment Division & others, 1979, 8 CLC (AD)

....ard; (iii) Whether a second show cause was necessary in terms of Article 135 of the construction. 6. Mr. Syed Ishtiq Ahmed, the learned Counsel appearing for the appellant convassed that at the relevant time the appellant retired from the service on 31.1.73 on completion of 55 years of age in ......the dismissal order has been passed without any lawful authority and is of no legal effect. However, there will be no order as to costs. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 256.......cord - For the Appellant. Abdul Wadud Bhuiyan, Assistant Attorney-General, instructed by S. S. Hoda, Advocate-on-Record - For the Respondent. Civil Appeal No.147 of 1978. (From the judgment and order dated 24.2.71 passed by the High Court in Writ petition No.22 of 1974). Judgment Bad......the dismissal order has been passed without any lawful authority and is of no legal effect. However, there will be no order as to costs. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 256...

Category: Employment/Service Law | Date: | Hits: 107

Bangladesh Biman Corpo­ration Vs. Chowdhury Mohammad Yusuf and another, 1979, 8 CLC (AD)

....iate his contention that services of an officer having served over ten years can be terminated alter giving 3 months notice or 3 months pay in lieu of notice. Clause (viii) of the Order mentions that relevant rules of the Service Code will be amended in accordance with the revised en­titlement. In ......ority. Since we have found that termination orders were passed without lawful authority, both the appeals are dismissed with costs. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 305. ......Bangladesh Biman Corpo­ration………………………Appellant (both the Appeals) Vs. Chowdhury Mohammad Yusuf………………………Respondent (In Ap­peal No.24 of 1979) M.A. Rouf and another………………………Respondents (In Appeal No.25 of 1979) Judgment May 4, 1......ority. Since we have found that termination orders were passed without lawful authority, both the appeals are dismissed with costs. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 305. ..

Category: Employment/Service Law | Date: | Hits: 123

Md. Hemayet Hossain and others Vs. Chairman, Rajdhani Unnayan Kartripakha (RAJUK) and others, 2010, 39 CLC (HCD)

....zette dated 07-9-2006 by which the property of the Waqf was included in acquisition. A subsequent application was made challenging the acquisition under LA Case No.138/61-62 on the ground that at the relevant time, in the year 1961-62, provisions of section 93A of the Town Improvement Act, 1953 (TI ......ules which are accordingly, discharged, without, however, any order as to cost. Let a copy of this judgment be communicated at once. Ed. This Case is also Reported in: 63 DLR (HD) (2011) 85. ......s Case is also Reported in: 63 DLR (HD) (2011) 85. ......ules which are accordingly, discharged, without, however, any order as to cost. Let a copy of this judgment be communicated at once. Ed. This Case is also Reported in: 63 DLR (HD) (2011) 85. ..

Category: Property Law | Date: | Hits: 106

Government of the People's Republic of Bangladesh Vs. Md. Khorshed Ali Talukder, 2012, 41 CLC (AD)

....ministrative Appellate Tribunal considered this law point raised by the appellant and examined the rele­vant provisions of the Government Servants (Discipline and Appeal) Rules, 1985. By quoting the relevant provisions i.e. Rule 7(2) (c) and Rule 10(9) of the Government Servants (Discipline & A......the departmental proceeding against this peti­tioner afresh by appointing the enquiry officer/Board of Enquiry in accordance with the rules. Ed. This Case is also Reported in: 9 ADC (2012) 407. ......zmun Ara Sultana J Syed Mahmud Hossain J Muhammad Imman Ali J Md. Shamsul Huda J Government of the People's Republic of Bangladesh pre­sented by the Secretary, Ministry of Agriculture and others.....................................Petitioners Vs. Md. Khorshed Ali Talukder............the departmental proceeding against this peti­tioner afresh by appointing the enquiry officer/Board of Enquiry in accordance with the rules. Ed. This Case is also Reported in: 9 ADC (2012) 407. ..

Category: Administrative Law | Date: | Hits: 263

Sabu Tara Begum and others Vs. Manik Miah and others, 2012, 41 CLC (AD)

....leave to appeal has been directed against the judgment and order dated 26.02.2009 passed by a Single Bench of the High Court Division in Civil Revision No.2044 of 2002 discharging the rule. 2. The relevant facts necessary for dispos­al of this civil petition for leave to appeal, in short, are as......urt Division, therefore, calls for no interference by this Division. In the result, this civil petition for leave to appeal is dismissed. Ed. This Case is also Reported in: 9 ADC (2012) 403. ...... (Civil) Present: Md. Muzammel Hossain CJ Surendra Kumar Sinha J Md. Abdul Wahhab Miah J Nazmun Ara Sultana J Syed Mahmud Hossain J Muhammad Imman Ali J Sabu Tara Begum and others..........................................Petitioners Vs. Manik Miah and others...........urt Division, therefore, calls for no interference by this Division. In the result, this civil petition for leave to appeal is dismissed. Ed. This Case is also Reported in: 9 ADC (2012) 403. ..

Category: Property Law | Date: | Hits: 98