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....sibilities for which they were elected. Thus, with a view to ensuring the atÂtention of the Chairman of the Union Parishads and the Paurasavas to their respective responsibilities, it was considered proper that the sitting Chairman of the Union Parishads or Paurasava should be debarred from contest......ers...............Respondents
Judgment
February 17, 1990.
Result:
The Rule was made reÂturnable.
Cases Referred to-
AIR 1951 (SC) 41, Charanjit Lal Chowdhury Vs. The Union of India and others; AIR 1952 (SC) 75, The State of West Bengal Vs. Anwar Ali Sarker and another; AIR 1963 (S......para 4 thereof, it is stated that prior to the amendment made by the Local Government (Upazila Parishads and Upazila AdminÂistration Re-Organisation) (Third Amendment) OrdiÂnance, 1989 there was no legal bar for the Chairman of Union Parishad or Paurasava to contest the elecÂtion for the office o..
Category: Election Law | Date: | Hits: 391
Sonali Bank Vs. Abidur Rahman, 1990, 19 CLC (HCD)
....ree is passed actually and voluntarily resides or carries on business, or personally works for gain, withÂin the local limits of the jurisdiction of such other Court, or (b) if such person has no property within the local limits of the jurisdiction of the Court which passed the decree sufficient......ur Rahman...........................Opposite Party Judgment February 11, 1990. Result: The rule is discharged. Cases Referred to- Indian General Investment Trust Ltd. Vs. Sri Ramchandra Mardaraja Doo, Raja of Khalikote, AIR 1952 (Cat) 508. Lawyers Involved: Asrarul Hossain....... The rule is, accordingly, discharged without any order as to costs. Communicate this order to the DisÂtrict Judge, Dhaka, at once. Ed. This Case is also reported in: 42 DLR (HD) (1990) 311...Category: Procedural Law | Date: | Hits: 168
Abdus Samad Miah and another Vs. Bangladesh Government & others, 2010, 39 CLC (HCD)
.... (Annexure-A-1) should not be declared to have been issued without lawful authority and is of no legal effect and/or such other or further order or orders passed as to the this court may seen fit and proper. 2. The relevant facts which are required for disposal of the writ petition are that on 13......eported in: 62 DLR (HCD) (2010) 458.......-6/2005/244 dated 4-6-2009 ( Annexure A) issued by respondents No.6 and impugned letter dated 13-4-2009 (Annexure-A-1) should not be declared to have been issued without lawful authority and is of no legal effect and/or such other or further order or orders passed as to the this court may seen fit a..Category: Administrative Law | Date: | Hits: 421
Azam-e-Sadat (Md.) Vs. Bangladesh and others, 2010, 39 CLC (HCD)
.... The order of stay granted at the time of issuance of the Rules is hereby recalled and vacated. Communicate this order at once. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 455. ...... Court High Court Division (Special Original Jurisdiction) Present: Md. Ashfaqul Islam J SM Emdadul Hoque J Azam-e-Sadat (Md.)……………………Petitioner Vs. Bangladesh and others……………………Respondents Judgment August 12, 2010. Result: Both the......n 32(1) of the Anti-Corruption Commission Act, 2004 now pending before the Court of Chief Metropolitan Magistrate, Dhaka should not be declared to have been made without lawful authority and is of no legal effect. 4. Background leading to issuance of the Rules, in short, is that the informant res..Category: Criminal Law | Date: | Hits: 89
Golam Beg Vs. Hajera Begum, 2010, 39 CLC (HCD)
.....44 of 2000 reversing those dated 3-4-2000 passed by the Senior Assistant Judge, Narail in Title Suit No.6 of 1992 should not be set aside and/or any other order passed as this Court may deem fit and proper. 2. By the same Rule issuing order dated 30-7-2006, operation of the impugned Judgment and......nt Md. Azizul Haque J.- The Rule was issued on an application under section 115(1) of the Code of Civil Procedure calling upon the opposite party No.1 to show cause as to why the impugned Judgment and decree dated 10-4-2006 passed by the Joint District Judge, Section Court, Narail in title Appeal...... written statement if the plaint is amended. Send down the LCR along with copies of this Judgment to the Courts below immediately. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 452. ..Category: Property Law | Date: | Hits: 103
Motiur Rahman Vs. AKM Shamsul Alamin and another, 2010, 39 CLC (HCD)
....us Appeal No.76 of 1997 affirming those dated 22-3-1997 passed by the Subordinate Judge (now Joint District Judge) should not be set aside and/or any other order passed as this Court may deem fit and proper. 2. By the same Rule issuing order dated 10-11-1999, operation of the Judgment and decree ......R (HCD) (2010) 449. ......s Appeal No.76 of 1997 is hereby maintained. Send down the LCR along with copies of this Judgment to the Courts below immediately. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 449. ..Category: Procedural Law | Date: | Hits: 170
Tarique Rahman Vs. Government of Bangladesh and others, 2010, 39 CLC (HCD)
....hould not be declared to have been initiated and continued without any lawful authority and is of no legal effect and/or such other or further order or orders passed as to this Court may seem fit and proper." 2. At the very outset, Mr. Rafique-ul-Huq, learned Advocate for the petitioner, submits ...... with law. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 524. ...... guaranteed under Article 44 and 35(1) of the Constitution of the People's Republic of Bangladesh should not be declared to have been initiated and continued without any lawful authority and is of no legal effect and/or such other or further order or orders passed as to this Court may seem fit and p..Category: Criminal Law | Date: | Hits: 112
Abdul Kashem Vs. University of Chittagong, 2008, 37 CLC (HCD)
....concerned section of the University and that there are discrepancy in respect of alphabet of his name and hence he would not return back the same to him. Having failed to get back his said papers and proper remedy the petitioner submitted an application to the respondent No.2 on 9-2-2005 praying for...... Original Jurisdiction) Present: AFM Abdur Rahman J SM Emdadul Hoque J Abdul Kashem......………………Petitioner Vs. University of Chittagong represented by the Vice-Chancellor and others………….Respondents Judgment October 15, 2008. Result: The Rule is made a...... against him which was communicated to the petitioner by the respondent No.5 vide Letter dated 31-3-2006, Annexure-G(1) should not be declared to have been taken without lawful authority and is of no legal effect and why they shall not be directed to turn back the original mark sheet and certificate..Category: Others | Date: | Hits: 186
Nur Hossain Miah & others Vs. Bangladesh and others, 2010, 39 CLC (HCD)
....who appeared to secure the interference of the Court on behalf of fugitives, without ensuing that such persons conform to the judicial orders applicable to them, was not acting in accordance with his proper duty to acting furtherance of justice. 13. In ACC Vs. HBM Iqbal 15 BLC (AD) 44. Justice SK......t High Court Division (Special Original Jurisdiction) Present: Md. Ashfaqul Islam J SA Emdadul Hoque J Nur Hossain Miah & others……………..Petitioners Vs. Bangladesh and others……………..Respondents Judgment October 6, 2010. Result: All the Rules a......ce of the rules is hereby recalled. Let a copy of this Judgment be transmitted to the Chairman, Anti-Corruption Commission, Dhaka. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 514. ..Category: Criminal Law | Date: | Hits: 107
Ibrahim Khalil and others Vs. Mujibur Rahman and others, 2012, 41 CLC (AD)
....laintiffs filed true copy of the said agreement along with receipts of those documents. Defendant No.2 received a further sum of Tk.700,000/- on 20.10.1999 and Tk.6,25,000/- on 25.11.1999 on granting proper acknowledge receipts and thus defendants received a total sum of Tk.16,25,000/-. On 25.11.199...... Division (Civil) Present: Surendra Kumar Sinha J Md. Abdul Wahhab Miah J Nazmun Ara Sultana J Syed Mahmud Hossain J Muhammad Imman Ali J Md. Shamsul Huda J Ibrahim Khalil and others………………........Petitioners Vs. Mujibur Rahman and others…….................suit for specific performance of contract. 18. If defendant Nos.4-9 is prejudiced by the judgment and decree passed in the suit for specific performance of contract they may have recourse to legal measures before appropriate forum but they do not have any right to dispute the contract betwe..Category: Civil Law | Date: | Hits: 186
Md. Omar Ali Mondal and others Vs. Md. Abdul Hamid and others, 2012, 41 CLC (AD)
....he petitioners herein as the plaintiffs filed Title Suit No.572 of 1970 in the First Court of the then Munsif, Kushtia for declaration of title. The case of the plaintiffs, in short, is that the suit property measuring 18.15 acres recorded under CS khatian No.622 of Kazihatta mouza originally belong......: 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 Md. Shamsul Huda J Md. Omar Ali Mondal and others…………...............Petitioners Vs. Md. Abdul Hamid and others.....................on proper appreciation of law and facts do not call for interference by this Division. Accordingly, this civil petition for leave to appeal is dismissed. Ed. This Case is also Reported in:..Category: Property Law | Date: | Hits: 101
Government of Bangladesh and others Vs. Mrs. Rana Awan, 2012, 41 CLC (AD)
....from his father Alhaj Sheikh Mohammad Noor and she had been residing abroad temporarily. During her temporary absence from Bangladesh, her residential house situated in Gulshan was declared abandoned property. Against the aforesaid declaration, she filed Writ Petition No.287 of 1975 before the High ......Muzammel Hossain CJ Surendra Kumar Sinha J Md. Abdul Wahhab Miah J Nazmun Ara Sultana J Syed Mahmud Hossain J Muhammad Imman Ali J Md. Shamsul Huda J The Government of Bangladesh and others…………......Appellants Vs. Mrs. Rana Awan………………………………â......t at any point of time. The High Court Division noticed that the respondent herein obtained order from the Additional Deputy Commissioner (Revenue), Gazipur on 04.12.2002 and as such, he had acquired legal right to have her name mutated in respect of the disputed property. The High Court Division ca..Category: Property Law | Date: | Hits: 121
Commissioner of Customs, Chittagong Vs. Tectonics and others, 2010, 39 CLC (HCD)
....e respondents to show cause as to why the delay of 314 days in presenting the Customs appeal should not be condoned and/or pass such other or further order or orders as to this Court may seem fit and proper. 2. The respondents imported some motor vehicles from foreign country and the Customs Auth......High Court Division (Special Original Jurisdiction) Present: Zinat Ara J Md. Abu Zafor Siddique J Commissioner of Customs, Chittagong…………………Appellant Vs. Tectonics and others……………………Respondents Judgment July 6, 2010. Result: The rule is......al. Accordingly, we find no merit in this rule and the rule is thus discharged without cost. Thus, the Customs Appeal is dismissed. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 367. ..Category: Procedural Law | Date: | Hits: 111
....n Ahmed then Managing Director of the IFIC Bank and the plaintiff duly replied to the charge sheet on 7-12-1993; that the Bank appointed a Senior vice-President as inquiry officer who without holding proper inquiry on 3-5-1994 submitted his inquiry report finding the plaintiff guilty of the charge a......ourt
High Court Division
(Civil Appellate Jurisdiction)
Present:
Farid Ahmed J
M Enayetur Rahim J
Abdul Quayum………………Appellant
Vs.
International Finance Investment and Commerce Bank Ltd. and others……………Respondents
Judgment
January 17, 2010
Resul......ge, Dhaka against the respondents for declaration that the order dated 5-7-1994 termiÂnating the plaintiff from the service of the defendant No.1. Bank from the post of Executive Vice President is illegal, void and not binding upon the plaintiff and to reinstate the plaintiff in the service with al..
Category: Employment/Service Law | Date: | Hits: 175
Afifa Sultana Vs. Judge, Artha Rin Adalat and others, 2011, 40 CLC (HCD)
....ed to as the Company). Respondent No.3 Md. Altaf Uddin is the full brother of the petitioner and Managing Director of the Company. Respondent No.3 by misleading the petitioner managed to mortgage her properties fully described in the schedule of the plaint of Title Suit No.45 of 2003. The Company ob...... High Court Division (Special original Jurisdiction) Present: Zinat Ara J Md. Abu Zafor Siddique J Afifa Sultana……………………Petitioner Vs. Judge, Artha Rin Adalat and others………………………Respondents Judgment January 9, 2011. Result: The r......e - For the Petitioner. Md. Imam Hasan, Advocate - For the Respondent No.2. Writ Petition No.2617 of 2010. Judgment Zinat Ara J.- In this rule nisi, the petitioner called in question the legality of the judgment and decree dated 17-2-2004 (decree signed on 23-2-2004, Annexure-D and E to..Category: Civil Law | Date: | Hits: 269
....ndar Mr. Md. Mostafa, PeÂtitioner in Writ petition No.452 of 1986, with some Bangladesh Riflemen were absent from the outpost as they went away to enjoy a Jatra PerforÂmance with the consent of the proper authority. The Platoon Commander and the Riflemen came almost running after hearing the news ......d Ahmed, Advocate - For the PetiÂtioners (In all the Writ Petitions).
A.F. Hasan Ariff, Deputy Attorney General - For the ResponÂdents (In all the Writ Petitions).
Writ Petition Nos. 416, 438 and 452 of 1986.
Judgment
Mustafa Kamal J.- These 3 Writ petiÂtions have been heard together ...... in defence. They even did not know what was the allegation against them or what was the offence, if any. No proceeding was drawn up against them and no inquiry was made but quite arbiÂtrarily and illegally they had been discharged from service by the aforesaid discharge certificates dated 26.1.86...
Category: Others | Date: | Hits: 167
Anwar Ali Vs. State, 1987, 16 CLC (HCD)
....f Tk. 7,00,000/-, in default, to suffer R.I. for 1 year more. The sentence passed shall run from the date of his apprehension. The amount of fine shall be realÂised by attachment or sale of moveable property standing in his name and the name of his wife or in the name of his benamdar. The accused-a...... Appellant. S. B. Barua, Advocate - For the State. Criminal Appeal No.325 of 1987. Judgment Fazle Hussain Mohammad Habibur Rahman J.- Accused-Appellant Md. Anwar Ali was tried in absentia and convicted u/s 16 (3) read with section 16(1)(a) of the Special Powers Act, 1974 by Mr. Afzalul H......ase in the Court of the District Judge and applied to be added as a party, but his apÂplication was rejected. When Mr. Karim, Manager, Bangladesh Shilpa Bank, Pabna and Mr. A. Razzaque, Advocate and legal Advisor of the Shilpa Bank were allegedly making preparation to start an execution case for ex..Category: Criminal Law | Date: | Hits: 108
Dr. Suraiya Hossain Vs. Taherunnessa, 1988, 17 CLC (HCD)
....ely, 19, Kakrail P.S. Motijheel, Dhaka of which house Dr. Suraiya Hossain is a tenant and Mrs. Taherunnessa is the landlady and these cases having arisen between the same parties, concerning the same properties, over the same fact and issues, they are disposed of by this one judgÂment. 4. Facts ...... Judgment May 12, 1988. Result: Civil Revision No. 561 of 1987 is discharged. Cases Referred to- Ahmedur Rahman Vs. Sk. Mofazzal Hossain, 14 DLR 826; Rafique & others Vs. Siddique and others, 22 DLR 59; Dasarath Vs. Sarat Chandra, 37 CWN 971; Kobbat Ahmed Vs. Abdus Sabur, 25 DLR ......titled to receive back the said amount when vacant possession would be handed over. 6. The tenancy continued and there was no trouble but at the later part of the tenancy trouble started. From the legal notice, Ext.A it appears that on 17.8.83 a notice was issued upon Dr. Suraiya at 19, Kakrail, ..Category: Property Law | Date: | Hits: 88
Jalaluddin Vs. Bangladesh, 1989, 18 CLC (HCD)
....result, the Rule is discharged but without any order as to costs, and the order of stay passed by this Court earlier is hereby vacated. Ed. This Case is also Reported in: 42 DLR (HD) (1990) 132.......si issued under Article 102 of the Constitution the respondents were asked to show cause as to why the Notification dated 20.10.88 issued in the Bangladesh Gazette by the respondent No.1 (Annexure E) and the Notification dated 12.12.88 issued by the ElecÂtion Commission (Annexure H) so far as those......s been filed on behalf of the respondents denying the material allegaÂtions made in the writ petition. 5. Mr. Md. Hannan, learned Advocate for the petitioner, submits that the notifications are illegal, because the areas which have been declared as urban area ought to have been included in the S..Category: Property Law | Date: | Hits: 108
....lleged acciÂdent, causing considerable damage to the godown and the stocks of loose goods therein. The surveyor apÂpointed by the insurance companies estimated the exÂtent of damage to the insured properties and the ConÂtroller of Insurance subsequently appointed a second surveyor to do the same......ern Federal Union Insurance Co. Ltd. & another...............Respondents
Judgment
June 22, 1989.
Result:
All the three appeals are disÂmissed.
Cases Referred to-
Scon Vs. Avery and others, 5 II.L.C. 811=4 W.R. 746=10 E.R. 1121 = (1843-60) All E.R. Rep.1;Scott Vs. Avery and oth......rance companies-respondents.
8. Being aggrieved, it is the claimant-appellant who has preferred these three Letters Patent Appeals aforestated. It is his case that the learned Single Judge acted illegally in holding that the Arbitrator had no authority to determine the liability of the inÂsurers..
Category: Business or Commercial Law | Date: | Hits: 290
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