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....from the date of order of suspension. In view of the above, we find no merit in this petition. Accordingly, the petition is dismissed.
Ed.
This Case is also Reported in: 20 BLT (AD) (2012) 239.
......rd noticed that during the long period of 5 months 23 days no formal charge was framed against the writ petitioner and that he was supposed to go on LPR on 30th December, 2009. He claimed that with a view to circumvent his appointment to the post of Director General, he was suspended from the servic..
Category: Employment/Service Law | Date: | Hits: 251
Janata Bank Ltd. Vs. Gulneara Begum and others, 2009, 38 CLC (AD)
....Procedure is of no help. The leave petition do not merit consideration being barred by limitation. The petition is accordingly dismissed. This Case is also Reported in: 20 BLT (AD) (2012) 170. ......last Execution Case was filed after promulgation of the Artha Rin Adalat Ain, 2003 and thereby the last Execution Case is to be proceeded with under the provisions of the Artha Rin Adalat Ain 2003 in view of section 60(3) of the Artha Rin Adalat Ain, 2003. As per Section 28 of the Artha Rin Adalat A..Category: Limitation Law | Date: | Hits: 140
Ishaque Mia (Md.) & another Vs. Abdul Mazid Mollah & others, 1995, 24 CLC (HCD)
.... a decree passed in a earlier Title Suit No.26 of 1977 in which he was not a party and no relief was granted against him was not binding on him, and to set aside the decree of the trial Court on such erroneous view. In that case the plaintiff petitioner was not added as a defendant but he was appoin......et aside. So no consequential relief need be prayed for." 8. While making this observation the High Court referred to the case of Zinnatunnessa Khatun Vs. Girendranath Mokharjee. In support of his view High Court also referred to the case of Rani Mumary Devi and others Vs. Siva Prosad Singh 42 CL..Category: Civil Law | Date: | Hits: 130
Sharon Laily Begum Jalil Vs. Abdul Jalil and others, 1995, 24 CLC (HCD)
....lean Akhter Jalil and Mohammad Shah Alam Jalil fortnightly and offer gifts, if any, at a time and place convenient to both the parties. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 460.......petitioner‑mother. He submits that according to the established principles of law it is for the interest and welfare of the children to be in the custody of the mother‑petitioner, particularly in view of the respondent No.1's being prone to recurrent violence and abuse. He also submits that the ..Category: Family Law | Date: | Hits: 166
Abdur Razzaque @ Geda Vs. State, 1995, 24 CLC (HCD)
....e leveled against him and is acquitted of the same. He may be set at liberty forthwith if not wanted in connection with any other case. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 457.......rejudicing their interest. In such a situation it cannot be said that by the subsequent framing of charge by the learned Judge the illegality that already existed has been eliminated or cured. In our view, the accused‑appellant has been prejudiced by the absence of such charge. In this connection ..Category: Criminal Law | Date: | Hits: 144
Md. Siraj alias Md. Sirajul Islam Vs. Ananda Furniture's, 2011, 40 CLC (AD)
....ot find substance in the submissions of the learned Advocate-on-record. Accordingly, the Petition for Leave to Appeal is dismissed. Ed. This Case is also Reported in: 20 BLT (AD) (2012) 167. ......ndant petitioner are not correct exposition of law and fact and in coming to such conclusion the learned Judges appear to have committed no error of law. On perusal of the judgments, we are of the view that the learned Judges were well founded in law. In the above backdrop, we do not find subs..Category: Procedural Law | Date: | Hits: 133
Md. Nafaruddin Mollah Vs. Md. Serajuddin Khan & Others, 2007, 36 CLC (AD)
....ce relating to appreciation of evidence which is not open to interference in exercising the revisional jurisdiction and as such the findings and decisions as arrived at by the High Court Division are erroneous and so cannot be sustained in law. 6. Mr. Md. Nawab Ali, learned Advocate-on-record, ap......isions as arrived at by the High Court Division are erroneous and so cannot be sustained in law. 6. Mr. Md. Nawab Ali, learned Advocate-on-record, appearing for the respondent No.1 submits that in view of the recording of the suit land in the name of the plaintiff although mentioned in the commen..Category: Property Law | Date: | Hits: 116
Abdus Salam Vs. Md. Ustar and another, 1982, 11 CLC (HCD)
....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. ......artition deed appertain to one Jama or holding at a rent of Rs. 7. There is no evidence on record that there has been a spitting up of the holding in the revenue records of the Governments. In this view the learned Subordinate Judge rightly held on the basis of Exbt. 2 that the pre-emptee opposite..Category: Property Law | Date: | Hits: 113
Nitai Ch. Shaha and another Vs. M/s. City Ice and Cold Storage Ltd. and others, 1982, 11 CLC (HCD)
....d Subordinate Judge are set aside and the plaintiff opposite party's petitions for amendment are rejected. Ranadhir Sen J.- I agree. Ed. This Case is also Reported in: 35 DLR (HCD) (1983) 61.......hird decision referred by Mr. Das is in the case of Nisingh Prosad Paul Vs. Steel Products Ltd. reported in A.I.R. 1953 (Calcutta) page 15 where in a Single Bench Mr. P.B. Mukharji, J., took the same view that the amendment should be necessary to determine a real controversy in the suit. 15. Mr..Category: Civil Law | Date: | Hits: 132
Matira Bewa & others Vs. Sree Sudhir Chandra Saha & others, 1982, 11 CLC (HCD)
....toppel against the provision of a statute. The Supreme Court dismissed the appeal referred to it with the observation that the Custodian's view on the point of estoppel could not be assailed as being erroneous, so as to call for correction in certiorari. In this case the Supreme Court of Pakistan fu......ntly this could not be the intention. If the rule of estoppel is applied against the plaintiff in the present case there is nothing to show that the policy of the statute will be defeated and in that view of the matter the rule laid down in Maritime Electric Company's case is not applicable to the p..Category: Property Law | Date: | Hits: 146
Ataur Rahman Vs. Election Commission & Others, 2010, 39 CLC (AD)
....ies arrived at a correct decision which does not require any interference by this Court. Accordingly, the leave petition is dismissed. Ed. This Case is also Reported in: 20 BLT (AD) (2012) 99.......cial gazette election dispute, if any shall have to be resolved by the election commission before the election tribunal set up under the law. 5. In the above facts and circumstances, we are of the view that the High Court Division having considered all the materials on record and the submissions ..Category: Election Law | Date: | Hits: 296
Md. Anowarul Islam Vs. State, 2009, 38 CLC (AD)
.... decision and there is no illegality or infirmity in the above decision so as to call for any interference. The petition is dismissed. Ed. This Case is also Reported in: 20 BLT (AD) (2012) 82.......fying the alleged offender and bring them to justice. The High Court Division further held that the seal of the Court as contained in the forged certified copies were also forged. 5. We are of the view that the High Court Division on proper consideration of the materials on record arrived at a co..Category: Criminal Law | Date: | Hits: 146
Jan-E-Alam Vs. Rupali Bank Limited and others, 2009, 38 CLC (AD)
....f the above, we find no substance in submissions of the learned Advocate for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 20 BLT (AD) (2012) 82. ......ur on 19.06.2002 and they having taken delivery of possession of the property on 16.07.2002 and thus, execution case has reached to its finality and the High Court Division failed to consider that in view of the aforesaid circumstances the application under Order XXI rule 90 of the Code of Civil Pro..Category: Others | Date: | Hits: 140
Mahatab Hossain (Md) Vs. Upazila Nirbahi Officer and others, 2006, 35 CLC (HCD)
....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. ......e respondent No. 1 is ex facie arbitrary and mala fide and, as such, the same is liable to be declared to have been made without lawful authority and to be of no legal effect. He then submits that in view of the fact that the respondent No. 1 not being the appointing authority, no authority other th..Category: Employment/Service Law | Date: | Hits: 180
.... 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.
......rd 'prescribed' is not used anywhere. As such making Rule for the operation of this section is not needed. There is no violation of Article 27, 31 and 40 of the Constitution and on that very point of view this Rule should be discharged outright.
23. We have heard the learned advocate for the peti..
Category: Fiscal/Taxation Law | Date: | Hits: 227
....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:
......al University, represented by the Secretary, Ministry of Education, Bangladesh Secretariat, Dhaka and others………..................Respondents
Judgment
August 23, 2011.
Result:
The review application is allowed.
Cases Referred To-
Serajuddin Ahmed and others Vs. AKM Saiful Ala..
Category: Administrative Law | Date: | Hits: 371
Abdul Khaleque and others Vs. State, 1996, 25 CLC (HCD)
....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. ......be even smooth and clean. Doctor's opinion that although such injury is possible by a sharp pointed bamboo but in the instant case the injury has not been caused by such pointed bamboo. We accept the view that the injury had been caused by a sharp cutting weapon like dagger as has been opined by the..Category: Criminal Law | Date: | Hits: 117
Monwar Ali Vs. Dhaka Club Ltd. & others, 1996, 25 CLC (HCD)
....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. ......anagement of a company. Secondly, the Court generally will not interfere with the decision of the domestic tribunal. Any order of injunction whether ad-interim or temporary is to be passed keeping in view above two principles of law, lastly, before an injunction is granted it is necessary to see wha..Category: Civil Law | Date: | Hits: 110
Abul Hashim (Md.) Vs. Election Commission of Bangladesh, 1995, 24 CLC (HCD)
....ight of the petitioner also. There is no merit in the writ petition. Accordingly, the petition is rejected summarily. No cost. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 490. ......r and not for any lawful consideration. 4. The question of non‑compliance or non‑consideration of the objective as contemplated in section 6(2) of the Ordinance requires consideration by us in view of the submissions of Mr. Amirul Islam. Section 6(2) reads: "The constituencies shall be so del..Category: Election Law | Date: | Hits: 271
Amiren Nessa and another Vs. Harun Mia and others, 1982, 11 CLC (HCD)
....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.......aintiffs have 1/3rd share in the 2nd schedule land and 2/3rd share in the 1st schedule land. Turning to issue No.1 relating to the maintainability of the suit the learned Subordinate Judge was of the view that. "The plaintiffs are out of possession of the disputed properties and as such this suit..Category: Property Law | Date: | Hits: 93
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