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Aung Shwe Prue Chowdhury Vs. Government of the People's Republic of Bangladesh and others, 1997, 26 CLC (HCD)

....order to interfere with the same. In the result, the Rule is discharged without any order as to costs. Order to stay stands vacated. Ed. This Case is also Reported in:49 DLR (HD) (1997) 217. ......nd as the Bohmong chief and copy of the Gazette notification appointing the 14th chief in 1959. 7. Mr. Khandker Mahbubuddin Ahmed learned Advocate for thepetitioner, after placing the materials on record and the impugned notification submitted that the petitioner is senior most in the male line o......order to interfere with the same. In the result, the Rule is discharged without any order as to costs. Order to stay stands vacated. Ed. This Case is also Reported in:49 DLR (HD) (1997) 217. ..

Category: Civil Law | Date: | Hits: 185

Fazal Hossain (Md.) and others Vs. Md. Helal Mia & others, 2009, 38 CLC (HCD)

.... same is hereby maintained and upheld. Let copy of the judgment be sent to the Courts below expeditiously. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 75; 30 BLD (HCD) (2010) 139. ...... petitioner adduce 4 witnesses and exhibited certain document in support of their case. The learned Assistant Judge, 1st Court, Dhaka after hearing both the parties and on perusal of the evidences on record both oral and documentary was pleased to allow the aforesaid Miscellaneous Case by his judgme...... same is hereby maintained and upheld. Let copy of the judgment be sent to the Courts below expeditiously. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 75; 30 BLD (HCD) (2010) 139. ..

Category: Property Law | Date: | Hits: 138

Chandra Banu wife of Lalu Mallick Vs. State and an­other, 1982, 11 CLC (HCD)

....Rule is accordingly made absolute with direction as above. Send down the records at once. Anwarul Hoque Chowdhury J.- I agree. Ed. This Case is also Reported in: 35 DLR (HCD) (1983) 70. ......iminal case under section 494 of the Code of Criminal Procedure. We have heard the learned Counsel for the complainant petitioner and the learned Deputy Attorney General, perused the petition and the records of the case. 2. The impugned order passed by the learned Sub-Divisional Magistrate, Patua......Rule is accordingly made absolute with direction as above. Send down the records at once. Anwarul Hoque Chowdhury J.- I agree. Ed. This Case is also Reported in: 35 DLR (HCD) (1983) 70. ..

Category: Criminal Law | Date: | Hits: 94

Mostafa Chowdhury & another Vs. State & another, 1982, 11 CLC (HCD)

....e and the respective proceedings qua­shed, as prayed for. Let the record be sent down at once. Mohammad Abdur Rouf J.- I agree. Ed. This Case is also Reported in:35 DLR (HCD) (1983) 68. ......law and are, accordingly, liable to be quashed in the interest of justice. In the result, therefore, the Rules are made absolute and the respective proceedings qua­shed, as prayed for. Let the record be sent down at once. Mohammad Abdur Rouf J.- I agree. Ed. This Case is also Report......e and the respective proceedings qua­shed, as prayed for. Let the record be sent down at once. Mohammad Abdur Rouf J.- I agree. Ed. This Case is also Reported in:35 DLR (HCD) (1983) 68. ..

Category: Criminal Law | Date: | Hits: 87

Md. Shermat Ali Vs. Mossammat Lilifa Khatun, 2005, 34 CLC (HCD)

..... 13. The order of stay granted at the time of issuance of the rule stands vacated. Send down the Lower Court's Record at once. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 439. ......eafter the Plaintiff has filed the suit upon some false allegations. 4. Both the parties adduced evidence in support of their respective cases. 5. The trial Court on considering the evidence on record decreed the suit by the Judgment and decree dated 30.4.2001. 6. Being aggrieved by the imp....... 13. The order of stay granted at the time of issuance of the rule stands vacated. Send down the Lower Court's Record at once. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 439. ..

Category: Family Law | Date: | Hits: 224

Sree Babul Kumar Biswas Vs. Sree Khudiram Jaladas, 2007, 36 CLC (HCD)

....f injunction granted by this Court dated 12.1.2004 shall remain is force till the execution Case is disposed of on full satisfaction. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 421. ......her Vs. Sekandar Ali, reported in 28 DLR (AD) 99 paragraph 38. 5. I have heard Mr. Harendra Nath Nandy, the learned Advocate for the Petitioner and have perused the impugned order and materials on record. 6. No one has entered appearance on behalf of the Opposite Party in the Rule as it appear......f injunction granted by this Court dated 12.1.2004 shall remain is force till the execution Case is disposed of on full satisfaction. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 421. ..

Category: Procedural Law | Date: | Hits: 253

Chairman, Ad-hoc Committee, Matler Char Non-Government Primary School Vs. Razia Sultana and others, 2007, 36 CLC (HCD)

....ranted by this Court dated 23.11.2004 is hereby vacated. 13. The office is directed to send down the lower Court's record at once. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 418. ......appropriate issues in the suit. The plaintiff examined herself as P.W.1 on the other hand the defendant examined two witnesses. 5. The learned Assistant Judge upon consideration of the evidence on record decreed the suit in part directing the defendants to pay the salary of the plaintiff from Mar......that admittedly the plaintiff was allowed to put her signature upon the attendance register as a teacher of that primary school. There is no material on record to show that she was dismissed from the service or any punitive action was taken against her during the period of her service. There is also..

Category: Civil Law | Date: | Hits: 104

lqbal Hossain Talukder (Md.) Vs. Md. Joinal Abedin Talukder and 76‑others, 2002, 31 CLC (HCD)

....l, as last and final Court of fact, on consideration of evidences positively found that there was no waiver and acquiescence on the part of Pre-emptors-Opposite Parties. Court of first instance found good ground to reject the claim of Pre-emptors-Opposite Parties adopting the view of contiguity of c......or the Petitioner. Shahabuddin Ahmad with Ferdausi Shahab, Advocates—For the Opposite Parties. Civil Revision No. 2113 of 1998. Judgment AK Badrul Huq J.-Feeling aggrieved by a Judgment recorded by appellate Court allowing a Preemption Miscellaneous Case laid under section 96 of The St......e. Akhlasur Rahman and others Vs. Safarullah and others 1994 BLD (AD) 20 has been relied upon in support of contention raised. 16. In repelling the said contention submission had been pressed into service that case put forward by Pre-emptees on waiver and acquiescence could not be substantiated a..

Category: Property Law | Date: | Hits: 116

Durga Rani Sutradhar Vs. Paresh Chandra Sutradhar, 2002, 31 CLC (HCD)

....ance with law and in the light of our observations given above. We prefer to make no order as to cost. Send down the LCR at once. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 600. ......granted.- (1) Every District Judge or District Delegate shall file and preserve all original wills of which probate or letters of administration with the will annexed may be granted by him, among the records of his Court, until some public registry for wills is established. (2) The State Governme......ance with law and in the light of our observations given above. We prefer to make no order as to cost. Send down the LCR at once. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 600. ..

Category: Property Law | Date: | Hits: 113

Shafiqul Islam (Md.) & another Vs. Board of Intermediate and Secondary Education, Comilla & others, 2006, 35 CLC (HCD)

....him from service, marked Annexure-A to the petition, is declared to have been made without lawful authority and is of no legal effect. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 62. ......him from service, marked Annexure-A to the petition, is declared to have been made without lawful authority and is of no legal effect. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 62. ...... thesignature of Respondent No.3 allegedly acting on the order of respondent No.2 and as com­municated to the petitioner vide Memo No. 4P-/Shansgtha/92/275(7) 302 dated 17-6-1996 dismissing him from service-marked Annexure-A to the petition should not be declared to be illegal, arbitrary, void, ino..

Category: Employment/Service Law | Date: | Hits: 205

Bangladesh Water Development Board and other Vs. Progati Prakaushali & another, 1996, 25 CLC (HCD)

.... legally made the award a rule of the Court. In view of the facts and circumstances of the case, there will be no order as to cost. Ed. This case is also Reported in:49 DLR (HCD) (1997) 335. ......er Development Board, the Superintending Engineer Planning and Maintenance Circle at Comilla undertook the arbitration proceeding in the instant case and notified all the parties. It appears from the record that the Chief Engineer and Superintending Engineer of Chittagong Circle duly represented the......of the Arbitration Act read with section 30 of the said Act is governed by Article 158 of the Limitation Act and Article 158 of the Limitation Act provides for a limitation of 30 daysfrom the date of service of notice of filing of the award in the Court. Admittedly the notice of filing of the award ..

Category: Alternative Dispute Resolution | Date: | Hits: 606

Abdul Latif Vs. Md. Sheesh, 1982, 11 CLC (HCD)

....The valuation matter is decided in favour of the plaintiff and the lear­ned Munsif is directed to proceed with the trial of the suit. Ed. This Case is also Reported in:35 DLR (HCD) (1983) 205. ...... Tk. 20/- paid by the plaintiff as per Article 17(iii) of the Second Schedule to the Court-Fees Act was justified. As far as the valuation of the suit is concerned he found that Tk. 18,000/- has been recorded as the amount of considera­tion in the impugned deed. He further held that the impugned de......The valuation matter is decided in favour of the plaintiff and the lear­ned Munsif is directed to proceed with the trial of the suit. Ed. This Case is also Reported in:35 DLR (HCD) (1983) 205. ..

Category: Civil Law | Date: | Hits: 123

Abdul Mannan Talukder Vs. State, 1982, 11 CLC (HCD)

..... The Rule is, accordingly, made absolute. Send down the records at once, if received. Anwarul Hoque Chowdhury J.- I agree. Ed. This Case is also Reported in:35 DLR (HCD) (1983) 202. ......ine free­dom fighter, secondly, that he is being harassed by anti-liberation forces and, thirdly, that he has been falsely implicated out of enmity. 8. In the instant case, there is nothing on record to show that the accused was a genuine freedom fighter nor there is any alle­gation in the......f the eight accused persons namely, Hamayun Kabir (hereinafter called the accu­sed) on the ground that the government has decided to withdraw the case against him as recognition of his courageous service rendered to the cause of liberation of Bangladesh. The learned Judge upon a perusal of the p..

Category: Criminal Law | Date: | Hits: 145

Rawsan Ara Begum alias Rawshani Vs. State, 2005, 34 CLC (HCD)

....had he been examined he would not have supported the prosecution case. 33. Having regard to the fact, the submissions advanced by the learned counsel for the defence prevails and appears to have a good deal of force but we failed to discover any merit in the submissions advanced by the learned As...... Hezbul Bari Kha and hearing the incident from the witnesses, brother of the deceased P.W.1, Md. Azizul Haq as informant lodged the First Information Report with the Nakla Police station and same was recorded as Nakla Police Station Case No.2 dated 01-11-1996 corresponding to G.R. Case No.451 of 199......nt who is on bail is discharged from the bail bond. Send down the lower Court records at once for information and necessary action. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 29. ..

Category: Criminal Law | Date: | Hits: 142

Mohammad Ali Miah and others Vs. Md. Sekander Ali Haowlader, 2007, 36 CLC (HCD)

....ned to file the suit. 20. He further submits that the learned Subordinate Judge considering all the material aspect of the case and evidence on record rightly decreed the suit assigning cogent and good reason as such the impugned Judgment passed by the learned subordinate Judge does not suffer an......, DCR marked exhibit-Ga(2), Deed exhibit-Gha, DCR marked exhibit Oma and rent receipt- Oma (1) in support of their contention. 13. The learned Subordinate Judge on consideration of the evidence on record decreed the suit by his Judgment dated 07.02.2000 finding merit of the case. 14. Being agg......at the rate of 15% per annum will be charged upon this amount from the date of decree till realization. Send down the LCR at once. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 484. ..

Category: Civil Law | Date: | Hits: 102

Abdus Samad @ Md. Abdus Samad Vs. State, 2011, 40 CLC (AD)

....d Senior Counsel for the petitioner merit no consideration. In the result, this criminal petition for leave to appeal is dismissed. Ed. This Case is also Reported in: 17 MLR (AD) (2012) 332. ......al the prosecution had examined 17 witnesses in support of its case and the defence examined none. 7. The learned Additional Sessions Judge, Sherpur on examination of the evidence and materials on record by judgment and order dated 25.08.2004 convicted the above petitioner under sections 302/148 ......d Senior Counsel for the petitioner merit no consideration. In the result, this criminal petition for leave to appeal is dismissed. Ed. This Case is also Reported in: 17 MLR (AD) (2012) 332. ..

Category: Criminal Law | Date: | Hits: 116

Ataur Rahman Vs. Secretary, Ministry of Com­munication, Roads and Railway Division, Bangladesh Secretariat, Dhaka and Others, 1997, 26 CLC (HCD)

....5 that as he failed to get possession of the ferry ghat for six months out of one year term from 1‑7‑95 to 30‑6‑96 he would get extension for six months to make up one year as well as to make good the loss he suffered. The authorities considered the representation of respondent No.5 and exte......out lawful authority and is of no legal effect. In the facts and circumstances of the case there will not be any order as to costs. Ed. This case is also Reported in:49 DLR (HCD) (1997) 331. ......out lawful authority and is of no legal effect. In the facts and circumstances of the case there will not be any order as to costs. Ed. This case is also Reported in:49 DLR (HCD) (1997) 331. ..

Category: Civil Law | Date: | Hits: 178

Lalima Begum and another Vs. Chairman, Court of Settlement, 1st Court, Dhaka and another, 1997, 26 CLC (HCD)

....985 appears to be wholly illegal and arbitrary. 13. The principles of fairness in government action requires that government functionaries must act according to law and must performtheir duties in good faith. Public accountability and acceptance demand that government actions must correspond to g......ions of the petition. The learned Court of Settlement by its impugned Judgment and order dated 29‑3‑1992 has been pleased to dismiss the petitioners' case on findings that there is no evidence on record to prove that Ahmed Reza and his sons and daughters had been living in Bangladesh during and ......ts arrived at by the learned Court of Settlement. But since the learned Court of Settlement failed to consider material pieces of evidence in Annexures‑"C" series, "E" and "T" and the fact of non‑service of the statutory notice as required under Article 7(3) of Ordinance No.54 of 1985 upon the o..

Category: Property Law | Date: | Hits: 116

Sultan Ahmed @ Md. Sultan Ahmed Vs. Chairman, Divisional Labour Court, and others, 1993, 22 CLC (HCD)

.... with the Judgment and order passed by the learned Labour Court. The Rules is, accordingly, discharged without any order as to costs. Ed This case is also Reported in:49 DLR (HD) (1997) 215. ......ot submitted by registered post as required by section 25(1) of the Employment of Labour (Standing Orders) Act, 1965 and, as such, the case before the learned Labour Court was not maintainable. After recording this finding and without entering into the merits of the case as to whether the order of d......es he deposited three tool boxes to the said garage and dishonestly kept one box in his possession. He was also asked to show cause as to why for the aforesaid offence he should not be dismissed from service. Thereafter, the respondent No.1 dismissed him from service by any order passed on 7‑7‑9..

Category: Labour and Industrial Law | Date: | Hits: 141

Serajul Islam Vs. State, 1996, 25 CLC (HCD)

....nnexure‑B, are all vague and indefinite which has prejudiced the detenu in submitting proper and effective representation before the Advisory Board. His second contention is that in the grounds one good ground has been mixed up with several indefinite grounds and this has rendered the entire deten......w detained in Dhaka Central Jail be set at liberty at once if not wanted in any other matter. The Rule is accordingly made absolute. Ed. This Case is also Reported in:49 DLR (HD) (1997) 209. ......1‑11‑95 issued an order, in exercise of power conferred by section 3(2) of the Special Powers Act, 1974, directing the detention of the aforenamed detenue for a period of 30 days from the date of service of the said order upon the datenu. A copy of the order was served on 12-11‑95 upon the det..

Category: Criminal Law | Date: | Hits: 127