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Abul Kalam Chowdhury Vs. Mohammad Zulfiqar, 1991, 20 CLC (HCD)
....pur Union Parishad Centre should be held as early as possible in accordance with law. There will be no order as to costs. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 595. ......pur Union Parishad Centre should be held as early as possible in accordance with law. There will be no order as to costs. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 595. ......6, 1991. Result: The Rule is made absolute. Lawyers Involved: Md. Ozair Farooq with Sadiqur Nahar Papri and Md. Serajul Islam, Advocates ‑ For the Petitioner. Shahabuddin Faiz. Advocate For the Opposite Party No.1. Civil Revision No. 472 of 1990. Judgment ......ul Islam, Advocates ‑ For the Petitioner. Shahabuddin Faiz. Advocate For the Opposite Party No.1. Civil Revision No. 472 of 1990. Judgment Abdul Hasib J.- This Rule calls in question the legality and propriety of the judgment and decision dated 4.2.90 in Election Tribunal A..Category: Election Law | Date: | Hits: 240
Pubali Bank Limited Vs. Monsur Ali Akanda and others, 1990, 29 CLC (HCD)
....nd the suits are dismissed as being barred by law. Regard being had to the facts of the case I, however, make no order as to costs. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 589.......nd the suits are dismissed as being barred by law. Regard being had to the facts of the case I, however, make no order as to costs. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 589....... Vs. Ershad Ali Fakir and others ............Opposite Parties Judgment August 30, 1990. Result: The rules are made absolute. Cases Referred to- Md. Shahabuddin Vs. The Janata Bank, 41 DLR 94; Senior Manager, Dosta Textile Mills Ltd. & another Vs. Sudhan......osite Parties. Civil Revision No.986 of 1988 and Civil Revision No.987 of 1988. Judgment Bimalendu Bikash Roy Chowdhury J.- As both the rules resting upon similar facts raise common questions of law they have been heard together and are being disposed of by this judgment. 2. ..Category: Labour and Industrial Law | Date: | Hits: 176
SA Alim Vs. Dr. Md. Golam Nabi and another, 1994, 23 CLC (HCD)
....ibunal, so far it relates to the appellant, is set aside. There will be no order as to costs. Send down the LC records immediately. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 98. ......ibunal, so far it relates to the appellant, is set aside. There will be no order as to costs. Send down the LC records immediately. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 98. ...... set aside. There will be no order as to costs. Send down the LC records immediately. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 98. ......assed on 31.5.92. So the impugned pages, namely, 13 to 17 do not only contain the resolution dated 21.5.92, but the same also contain another resolution dated 31.5.92. In considering this matter, one question of law cropped up which the tribunal totally failed to consider. When a person is to be fou..Category: Others | Date: | Hits: 139
....aintainability of this writ petition.
For the above discussion, this application is rejected summarily without any order as to costs.
Ed.
This Case is also Reported in: 48 DLR (HCD) (1996) 94.......84 under section 95A of the State Acquisition and Tenancy Act, 1950 before the Local Thana Magistrate, the Respondent 4, for redemption of the disputed property on the ground that the transfer of the land was a complete usufructuary mortgage. The Respondent 4 on contest allowed the same by his order...... discussion, this application is rejected summarily without any order as to costs.
Ed.
This Case is also Reported in: 48 DLR (HCD) (1996) 94....... registered as without registration of the deed of transfer of an immovable property above the prescribed consideration does not vest title in the purchaser and unless the transfer vest the title the question of reconveyance does not arise. That is why the expression "with an agreement to reconveyan..
Category: Property Law | Date: | Hits: 95
Abdur Gafur Vs. State, 1995, 24 CLC (HCD)
....he government. In the result, both the Rules are discharged and the orders of stay vacated. Communicate the order to the Court below. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 90.......he government. In the result, both the Rules are discharged and the orders of stay vacated. Communicate the order to the Court below. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 90.......s are discharged and the orders of stay vacated. Communicate the order to the Court below. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 90.......h Criminal Revision No. 3670 of 1991. Judgment Kazi Ebadul Hoque J.- These two Rules at the instance of the same set of petitioners except one in CR Case 3670 of 1991 having involved the same question of law are being disposed of by this Judgment. 2. Two petitions of complaints were filed..Category: Criminal Law | Date: | Hits: 112
M/s. Adamjee Jute Mills Ltd. Vs. Chairman, 3rd Labour Court and another, 1986, 15 CLC (HCD)
....dent No.1 shall thereafter try and dispose of the I.R.O. case in question in accordance with law. AM Mahmudur Rahman J. - I agree. Ed. This Case is also Reported in: 39 DLR (HCD) (1987) 11. ......dent No.1 shall thereafter try and dispose of the I.R.O. case in question in accordance with law. AM Mahmudur Rahman J. - I agree. Ed. This Case is also Reported in: 39 DLR (HCD) (1987) 11. ......on in accordance with law. AM Mahmudur Rahman J. - I agree. Ed. This Case is also Reported in: 39 DLR (HCD) (1987) 11. ......he Court". It appeared before the Court in time, took time repeatedly to file a written statement and upon its failure to do so, the Labour Court fixed 16.06.1985 as the date of ex-parte hearing. The question is, can the Court fix a case ex-parte hearing if the defendant fails to file the written st..Category: Procedural Law | Date: | Hits: 180
....ion 9 of the Specific Relief Act.
2. One Gopal Chandra Dey, predecessor of the opposite parties sued the petitioners for a decree under section 9 of the Specific Relief Act alleging that he was in possession of the disputed land bat the defendants forcibly dispossessed him therefrom in the last......f Act.
2. One Gopal Chandra Dey, predecessor of the opposite parties sued the petitioners for a decree under section 9 of the Specific Relief Act alleging that he was in possession of the disputed land bat the defendants forcibly dispossessed him therefrom in the last part of Kartick, 1375 B.S.......o Reported in: 39 DLR (HCD) (1987) 8.......il Procedure, 1908 for setting aside order dated 21.01.1970, of the Munsif, 1st Court, Patuakhali passed in T.S. No. 56 of 1969.)
Judgment
Bimalendu Bikash Roy Chowdhury J. - This Rule calls in question a judgment and decree of the learned Munsif, First Court, Patuakhali passed in Title Suit N..
Category: Property Law | Date: | Hits: 119
Azimonnessa Vs. Rup Gazi & others, 1986, 15 CLC (HCD)
....e party Nos.1-4. 2. Sometime in 1969 the plaintiffs brought the suit in the First Court of Munsif, Patuakhali praying for setting aside of a certificates sale and for confirmation of their joint possession with defendant Nos.3-45 upon allegations that they jointly own the property in suit but d......howdhury J. - For the reasons stated above I find no substance in this Rule which is accordingly discharged without any order as to cost. Ed. This Case is also Reported in: 39 DLR (HCD) (1987) 6.......s Involved: Md. Abdus Sobhan, Advocate - For Petitioner. M. Shamsul Alam, Advocate - For Opposite Party No.1. Civil Revision No. 45 of 1984. (In the matter of an application for stay. And in the matter of an application under section 115 of the Code of Civil Procedure, 1908 for setting a......n 23.01.1984 by Munsif, Bauphal Upazila in Misc. Case No.66/83 setting aside abatement order dated 24.05.1978 in T.S. No.270/69.) Judgment Bimalendu Bikash Roy Chowdhury J. - This Rule calls in question the propriety of an order passed by the learned Munsif, Bauphal Upazila allowing an applica..Category: Civil Law | Date: | Hits: 121
Dalia Parveen Vs. Bangladesh Biman Corporation and another, 1995, 24 CLC (HCD)
....n passed without any lawful authority and is of no legal effect. In the result the Rule is made absolute without any order as to costs. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 132.......n passed without any lawful authority and is of no legal effect. In the result the Rule is made absolute without any order as to costs. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 132.......al effect. In the result the Rule is made absolute without any order as to costs. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 132.......ules 3 and 4 of the Bangladesh Biman Employees (Pension and Gratuity) Rules, 1988, is that an employee irrespective of sex has the right to remain service till expiry of the age, of 57 years. Now the question is whether in view of amendment of Regulation No.1 made in 1984 the right of the petitioner..Category: Employment/Service Law | Date: | Hits: 361
.... at Annexure‑D (2) to the writ petition.
In the circumstance of the case, the parties are directed to bear their respective costs.
Ed.
This Case is also Reported in: 48 DLR (HCD) (1996) 121....... at Annexure‑D (2) to the writ petition.
In the circumstance of the case, the parties are directed to bear their respective costs.
Ed.
This Case is also Reported in: 48 DLR (HCD) (1996) 121.......ircumstance of the case, the parties are directed to bear their respective costs.
Ed.
This Case is also Reported in: 48 DLR (HCD) (1996) 121.......which has been made the respondent No.3 in this Petition, by an order passed under the signature of the Principal of the said College under Memo No. 59‑6-139/80‑81 dated 20.10.81, has been called question.
2.The case of the petitioner is that he was appointed as a professor of Kapilmuni Colle..
Category: Employment/Service Law | Date: | Hits: 226
Munir Hossain and others Vs. Dhaka Water Supply and Sewerage Authority & others, 1995, 24 CLC (HCD)
....r the signature of the Secretary of the Authority within the period of 4 (four) months from the date. There is no order as to costs. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 121.......r the signature of the Secretary of the Authority within the period of 4 (four) months from the date. There is no order as to costs. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 121.......in the period of 4 (four) months from the date. There is no order as to costs. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 121.......the respondents is that allotment of current charge purely on temporary basis of the office of Executive Engineer to the respondent Nos.4‑8 being in no way can be considered as finally deciding the question of seniority of the petitioners or of the said respondents and that current charge so given..Category: Employment/Service Law | Date: | Hits: 191
Misir Ullah (Md) Vs. Syed Khalilullah Malek others, 1995, 24 CLC (HCD)
....ase is sent back to the District Judge Moulvi Bazar for re‑consideration and the Rule is made absolute without any order as to costs. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 117.......Dargah Committee consisting of the plaintiffs as current members thereof to continue in control and management of the Dargah Sharif of Hazrat Sayd Shah Mostafa and adjacent thereto constituted of the lands described in the schedule of the plaint." 3. The case of the plaintiffs is that the land, m...... Cases Referred to- Nazir Ahmed Vs. Rabibgr Rahman Miah and others, 7 DLR 192; 21 DLA (SC) 46; 15 CLJ Page 339; 28 DLR (AD) 127; 25 DLR 96. Lawyers Involved: A J Mohammad Ali with Md. Alauddin Biswas, Advocates ‑ For the Petitioners. Azizur Rahman Chowdhury, Advocate ‑ For the Oppos......es has drawn my attention to section 102 of the Waqf Ordinance which runs as follows: "Except as otherwise expressly provided in this Ordinance, no decision or order of the Administrator shall be questioned in any suit or other proceeding in any Court." 24. Mr. Chowdhury by referring to secti..Category: Trust/Waqf Law | Date: | Hits: 181
Moudud Ahmed Vs. State, 1995, 24 CLC (HCD)
....cisions which I have referred in my Judgment. In the result, I discharge this Rule. The prayer for certificate to appeal is refused. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 108.......sector violating the Rules of the Dhaka Improvement Trust (DIT). it was further stated that the petitioner requested the then Works Minister Md. Shafiqul Ghani to consider payment of the price of the land at 12 equal half yearly installments without interest. The President illegally ordered for allo...... In the result, I discharge this Rule. The prayer for certificate to appeal is refused. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 108.......ident without recommending any price. But the prosecution accused the petitioner for recommending price at Taka 50 lacs per bigha. It is also stated that the claim of the prosecution that the land in question was a Commercial Plot has no basis. It is further stated that on the face of the FIR, the c..Category: Criminal Law | Date: | Hits: 111
Ajit Kumar Sarkar and others Vs. Radhakanta Sarkar and others, 1992, 21 CLC (HCD)
....2 wherein their Lordships of the Appellate Division have held that the Objection Officer under the Rules 30 and 31 of the Tenancy Rul6s 1954 is to decide summarily an objection regarding ownership or possession of land or any interest in land and to record summary of the evidence taken and an abstra...... case are, that the opposite party No.1 being complainant instituted the aforesaid complaint case in the court of the Upazila Magistrate, Paikgacha, on the allegations that he took lease of the case, land from one Amodini Dashi by an amalnama dated 7th Chaitra, 1356 BS and has been possessing the sa......rs in the court of the Upazila Magistrate Paikgacha, Khulna, is hereby quashed. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 533.......jurisdiction to make a complaint in the interest of justice not only for the use of the forged document but also for the offence of forging it. Furthermore, there is nothing to show that the deeds in question have been declared as forged by any competent court. 11. In view of the discussions m..Category: Criminal Law | Date: | Hits: 142
Nurul Huda Vs. Bahar Uddin & others, 1989, 18 CLC (HCD)
....Assistant Sessions Judge, Noakhali rejecting the Criminal Revision Case No.47(d)/82 preferred against the order dated 9.11.82 passed by Mr. Tayabur Rahman, Magistrate, 1st Class, Hatiya declaring the possession of the opposite party Nos.1 and 2 in the proceeding land in N.G.R. Case No.14/78 under ......n Case No.47(d)/82 preferred against the order dated 9.11.82 passed by Mr. Tayabur Rahman, Magistrate, 1st Class, Hatiya declaring the possession of the opposite party Nos.1 and 2 in the proceeding land in N.G.R. Case No.14/78 under section 145 of the Code of Criminal Procedure. 3. Both the pet......d above, may take appropriate steps in the matter, if it so desires. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 395. ...... Division Bench made a recommendation to the learned Chief Justice to constitute a Full Bench of 5 Judges to consider the reference quoted in the beginning which the said Bench considered to be a question of immense public importance. 18. Accordingly, the learned Chief Justice constituted..Category: Criminal Law | Date: | Hits: 158
Majeda Begum & another Vs. Khoda Box Mollah & others, 1987, 16 CLC (HCD)
....servations made in this judgment. The connected Rule being Civil Rule No.23 (FM)/1987 is discharged without any order as to costs. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 392. ......servations made in this judgment. The connected Rule being Civil Rule No.23 (FM)/1987 is discharged without any order as to costs. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 392. ......This Case is also Reported in: 41 DLR (HCD) (1989) 392. ...... Court a document short circuiting the clear and mandatory provisions of law. 13. Mr. Mahmudul Islam submits that the appellants have failed to pin-point any prejudice caused to them. 14. The question of prejudice does not arise. Unless the judgment-debtors get a copy of the Kabala, they are..Category: Property Law | Date: | Hits: 140
MA Jahangir & another Vs. Abdul Malek & others, 1989, 18 CLC (HCD)
....e reasons stated above, I do not find of the any substance in this Rule. The Rule is discharged. There will be no order as to costs. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 389. ......lication for amendment was filed on 4.11.1985, in view of the disclosure of facts in the written statement filed on 4.3.1985 to the effect that the suit property includes also 13 decimals of gifted land appertaining to Mogi Survey plot No.5514 which was not mentioned in schedule I of the origina......d. Fakirullah Mia Mutwalli Vs. Bimalendra Nath Maitra, 12 DLR 704; 12 DLR 704; Md. Salih Sahib Vs. Adam Sahib, 1977 Mad. 368; India Cable Co. Ltd. Vs. The Union of India, 1976 Pat.76; M/s. Ganesh Trading Co. Ltd. Vs. Moji Ram 1978 (SC) 484. Lawyers Involved: S.C. Das with Rabi Sankar Chakrabor...... allow either party to alter or amend his pleadings in such manner and on such terms as may be just and all such amendments shall be made as may be necessary for the purpose of determining the real questions in controversy between the parties." (The underlinings are mine). 3. A careful examin..Category: Procedural Law | Date: | Hits: 133
Kohinoor Chemical Company Ltd. & others Vs. Eastern Shippers & Traders Ltd., 1989, 18 CLC (HCD)
....been discussed above, we do not find any reason to interfere with the order impugned before us. We reject this application in limine. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 387. ......been discussed above, we do not find any reason to interfere with the order impugned before us. We reject this application in limine. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 387. ......o Reported in: 41 DLR (HCD) (1989) 387. ...... Involved: Moqbul Ahmed, Advocate - For the Petitioners. Civil Order No.155 of 1989. Judgment AM Mahmudur Rahman J.- By this application the petitioners raise a short but an important question of law as to whether rule 1 of Order 11 of the Code of Civil Procedure as amended by Ordina..Category: Procedural Law | Date: | Hits: 133
Shawai @ Mohammad Hussain & others Vs. State, 1989, 18 CLC (HCD)
.... he told his brother, the informant, to go to the land with some seedlings. The accused party also gathered at the same plot of land forming an unlawful assembly with common object to forcibly take possession of the same with ploughs, bullocks-armed with deadly weapons and they started ploughing i......h of them to transportation for life. 2. Short facts of the prosecution case is that on 24th Baishakh, 1383 B.S. corresponding to 7th May, 1976 the informant's brother Sona Miah went to plough his land in plot No.527 of Akberpur Mouza . At the time of his departure he told his brother, the inform......ction is modified as indicated above but the sentence is maintained. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 373. ...... Cr.P.C. The framing of a specific and distinct charge in respect of every distinct head of criminal liability constituting an offence is the foundation for a conviction and sentence, thereof. The question then arose for consideration whether such lacuna has prejudiced the accused or not. On c..Category: Criminal Law | Date: | Hits: 128
Syed Ashfaque Hossain & others Vs. Bangladesh, 1989, 18 CLC (HCD)
....i however sold only 3.15 acres of the Khatian land out of 5.80 acres to late Syed Ashraf Ali, father of the respondent No.4. The balance 2.65 acres of ancestral homestead continued to remain in the possession of the petitioners and their predecessors. The predecessors of the petitioners obtained......, gardens etc. wherein the petitioners have been living for generations now. The respondent No.4 Syed Mohsin Ali, his six brothers, two sisters and mother mutated their names in respect of the entire land of 5.80 acres of the above Khatian No.1358 on the basis of a registered Kabala No.5879 executed...... The Rule in Contempt Petition No.3 of 1987 is discharged. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 364. ...... Mustafa Kamal J.- These two Rules Nisi and the contempt petition have been heard together and will be disposed of by this common judgment as they arise out of the same transaction and involve common questions of fact and law. 2. In Writ Petition No.425 of 1985 the petitioner obtained the Rule ..Category: Property Law | Date: | Hits: 129
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