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....d Hossain J. - This appeal by leave by writ respondent Nos.2 and 3 is from the judgment and order dated 06.02.2006 passed by the High court Division in Writ Petition No.5599 of 2004 making the Rule absolute.
2. The facts leading to the filing of this appeal, in short, are as follows:
The writ......her hand, submits that the High Court Division on consideration of materials on record came to a definite finding that the date of birth of the petitioner is 31.10.1949 and as such no interference is called for.
10. We have considered the impugned judgment, the submissions of the learned Advocate......y ground to interfere with the decision of the High Court Division.
Accordingly, the appeal is dismissed. There is no order as to costs.
Ed.
This Case is also Reported in: 9 ADC (2012) 169.
......bdul Wahhab Miah J
Syed Mahmud Hossain J
Muhammad Imman Ali J
Mohammad Mamtaz Uddin Ahmed J
Md. Shamsul Huda J
The Chairman Bangladesh Forest Industries Development Corporation (BFIDC) and another…………………..Appellants
Vs.
Md. Hatem Ali and others…………………..
Category: Employment/Service Law | Date: | Hits: 739
.... from their concluded projects. The writ petitioners were appointed with national pay scales and had been enjoying the same. But suddenly, the writ-respondents had converted the national pay scale of some of the writ-petitioners to “consolidated pay” without any rhyme or reason. Since their appo......bmits that similar point raised before the High Court Division has already been settled by it in Writ Petition No.1522 of 2004 heard along with 99 other writ petitions and as such, no interference is called for.
12. We have considered the impugned judgments and orders and other papers on the rec......g been made on proper appreciation of laws and facts do not call for interference.
Accordingly, all the leave-petitions are dismissed.
Ed.
This Case is also Reported in: 9 ADC (2012) 174.
......sain 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 Chief Engineer, the Local Government and Engineering Department LGED Bhaban, Agargaon, Shere-E-Bangla Nagar,Dhaka....................Peti..
Category: Others | Date: | Hits: 172
Kamal Miah (Md.) alias Nasim Vs. State and another, 1998, 27 CLC (HCD)
....ue J Kamal Miah (Md.) alias Nasim………………….Petitioner Vs. State and another……………………Opposite Parties Judgment March 4, 1998. Result: The Rule is made absolute. Case Referred To- Kveeranna Vs. NS Mastan, AIR 1960 Andhra Pradesh 311. Lawyers In......cause in a criminal case notices are served by the Court and the appellant is not required to furnish any copy of the notice. 3. Perused the application. The record of the appellate Court was also called for and I have perused the record. It is clear that the appeal was admitted by the appellate ......inion that the delay in this case in filing the revisional application may be condoned. In the result, the Rule is made absolute. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 224. ...... (1998) 224. ..Category: Criminal Law | Date: | Hits: 63
Sentu Vs. Government of Bangladesh and others, 1997, 26 CLC (HCD)
....n J Sentu…………………….Petitioner Vs. Government of Bangladesh and others………………………..Respondents Judgment October 27, 1997. Result: The Rule is made absolute Cases Referred To- Neser Ahmed Vs. Bangladesh, 49 DLR (AD) 111; State Vs. Imdad Ali Bep......ful authority and is of no legal effect. The petitioner be set at liberty forthwith if not wanted in connection with any other case. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 220.......orous imprisonment for 1(one) month more. 3. Subsequently the petitioner was arrested on 6‑2‑97 and was produced before the Chief Metropolitan Magistrate. 4. The prosecution case before the trial Court is that, on 15‑5‑89 the accused mentioned in the FIR namely, Mokhles and Miru, assem......eme Court High Court Division (Special Original Jurisdiction) Present: Mahfuzur Rahman J M M Ruhul Amin J Sentu…………………….Petitioner Vs. Government of Bangladesh and others………………………..Respondents Judgment October 27, 1997. Result: Th..Category: Criminal Law | Date: | Hits: 63
Raquibuddin Ahmed Vs. SAM Iqbal and another, 1997, 26 CLC (HCD)
.... Ameen J Raquibuddin Ahmed.......................Petitioner Vs. SAM Iqbal and another...........................Opposite Party Judgment August 6, 1997. Result: The Rule is made absolute. Lawyers Involved: Mainul Hosein with Rokanuddin Mahmud, Mubina Asf Rahman and Humayun......e in the application for contempt of Court. It is the case of the contemner No.1 that the petitioner did neither go to the office of the Bangladesh Shipping Corporation at Chittagong to submit his so-called joining report as alleged nor did he actually appear before the concerned authority to join h......rmination of his service was illegal and without jurisdiction and he should be re-instead to his former service as Secretary of the BSC with all financial arrear benefits. Against the judgment of the trial Court the defendants preferred an appeal being Title Appeal No.223 of 1989. After hearing the ......eme Court High Court Division (Civil Revisional Jurisdiction) Present: Md. Mozammel Haque J Md. Hassan Ameen J Raquibuddin Ahmed.......................Petitioner Vs. SAM Iqbal and another...........................Opposite Party Judgment August 6, 1997. Result: Th..Category: Others | Date: | Hits: 142
Kafiluddin (Md.) Vs. Sukkur Ali Mia, 1996, 25 CLC (HCD)
....e nature of the suit. Mr. Azizul Hoque made an attempt to contend that the decree was made in the grab of the decree in a suit, for specific performance of contract but it as a matter of fact was not so and as such the Executing Court ought to have accepted the application filed by his client got to...... do not find any ground to interfere with the impugned order. In the result, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 208. ......egistered through Court duly. Upon obtaining such registration of document the decree holder opposite party put the decree in execution for delivery of possession pursuant to the decree passed by the trial Court. The learned judge of the executing Court after having considered the objection filed by......(Md.)………………..Petitioner Vs. Sukkur Ali Mia……………..Opposite Party Judgment August 20, 1996. Result: The Rule is discharged. Case Referred to- Maksud Ali and another Vs. Eskandar Ali, 28 DLR (AD) 99. Lawyers Involved: Azizul Hoque, Advocate - For t..Category: Civil Law | Date: | Hits: 86
....ed by the Secretary, Ministry of Home Affairs, Government of People’s Republic of Bangladesh and others……………Respondents
Judgment
November 18, 1996.
Result:
The Rule is made absolute.
Case Referred To-
Abdul Latif Mirza Vs. Government of Bangladesh, 31 DLR (AD) 1.
La......nistry of Foreign Affairs at Dhaka on 8th July, 1996 and then he was placed as Officer on Special Duty (Director General) and since his joining the Ministry of Foreign Affairs on 8-7-96 upon being re-called, the detenu has been attending the office regularly.
4. After coming back to Bangladesh, t......release the detenu forthwith if not wanted in connection with any other case.
Let an advance order of release be issued immediately.
Ed.
This Case is also Reported in: 50 DLR (HCD) (1998) 201....... Mozammel Hoque J
Md. Abdul Matin J
Rieta Rahman…………Petitioner
Vs. Bangladesh, represented by the Secretary, Ministry of Home Affairs, Government of People’s Republic of Bangladesh and others……………Respondents
Judgment
November 18, 1996.
Result:
The Rule is ma..
Category: Criminal Law | Date: | Hits: 76
Bashir Kha Vs. State, 1998, 27 CLC (HCD)
....l Jurisdiction) Present: Md. Hamidul Haque J Bashir Kha……………….Petitioner Vs. State…………..Respondent Judgment March 9, 1998. Result: The Rule is made absolute. Lawyers Involved: Not Represented - For the Petitioner. Md. Mustafa, Assistant Atto......et aside. The petitioner is acquitted of the charge and also discharged from his bail bonds. Send down the lower Court records at once. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 199.......plicated in the case. The learned Magistrate after considering the evidence on record found the accused guilty of the charge. In the appeal, the judgment and order of conviction passed by the learned trial Court was upheld. Being aggrieved, the convict-appellant preferred the present application und......t Attorney-General - For the State. Civil Revision No.3141 of 1991 (Dhaka) Civil Revision No.76 of 1985 (Sylhet) Judgment Md. Hamidul Haque J.- This Rule is directed against the judgment and order passed by the learned Session Judge, Sylhet in Criminal Appeal No.16(II)85 affirming the j..Category: Criminal Law | Date: | Hits: 58
....al effect.
Ed.
This Case is also Reported in: 50 DLR (HCD) (1998) 195.
......rate, who may pending the disposal of such appeal, make such orders as he thinks fit.
(2) The decision of the District Magistrate on an appeal under sub-section (1) shall be final and shall not be called in question in any Court or by any authority.”
In section 2(b) of the Ordinance “Autho......d by the Authorised Officer in CR Case No.5 of 1990 is declared to have been made without lawful authority and is of no legal effect.
Ed.
This Case is also Reported in: 50 DLR (HCD) (1998) 195.
...... in: 50 DLR (HCD) (1998) 195.
..
Category: Property Law | Date: | Hits: 103
....nt
November 5, 1997.
Result:
The Rule is discharged.
The State Acquisition and Tenancy Act, 1950 (Act No. XXVII of 1951); section 96
The period of ignorance as to the sale of a land sought to be pre-empted can not extend to 12 years when the pre-emptee had been cultivating the land......on case fails and the Rule is discharged without any order as to costs.
Send down the LC records, at once.
Ed.
This Case is also Reported in: 50 DLR (HCD) (1998) 55; 50 DLR (HCD) (1998) 193.
......gains on false and frivolous allegations. It was further asserted that the petitioners have no locus standi to file this case and the pre-emption case is hopelessly barred by limitation.
4. At the trial the pre-emptor petitioners examined 3 witnesses and contesting opposite party examined 2 witne......: 50 DLR (HCD) (1998) 55; 50 DLR (HCD) (1998) 193.
..
Category: Property Law | Date: | Hits: 78
Ibrahim Khalil Vs. State, 1998, 27 CLC (HCD)
.... Present: Hamidul Haque J Ibrahim Khalil……………………..Petitioner Vs. State…………………Opposite Party Judgment March 10, 1998. Result: The Rule is made absolute. Case Referred To- Kamelshwar Singh Vs. Dharmandeo Singh, AIR 1957 Patna 375. Lawyer....... A Court of Sessions is established under section 9 of the Code of Criminal Procedure and under sub-section (1) of that section, the Government may appoint a Judge for such a Court and that Judge is called the Sessions Judge. Under sub-section (3) of that section, the Government may also appoint Ad......he Sessions Judge for disposal in accordance with law and in the light of observations made above. Send down the lower records at once. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 192.......…………..Petitioner Vs. State…………………Opposite Party Judgment March 10, 1998. Result: The Rule is made absolute. Case Referred To- Kamelshwar Singh Vs. Dharmandeo Singh, AIR 1957 Patna 375. Lawyers Involved: None appears - The Petitioner. Md. Musta..Category: Procedural Law | Date: | Hits: 69
.... Non-Resident Properties (L&B) and Additional Deputy Commissioner (Revenue), Dhaka and others....................Opposite Parties
Judgment
November 3, 1997.
Result:
The Rule is made absolute.
Cases Referred To-
Abul Khair Vs. Bangladesh and others, 32 DLR (AD) 29; Nitya Gopal R......lted in error in the impugned decision occasioning failure of justice.
6. Mr. Karmaker has drawn my attention to Ext. 5 and the order dated 17-8-88 passed by the learned ADC (Rev) Dhaka wherein he called for opinion of the legal Adviser of Vested Properties in respect of release of the suit prope...... release of the same from the authority concerned he is estopped from challenging the legality or propriety of the vested property proceedings and, as such, the suit is liable to be dismissed. At the trial the defendant did not appear and contest the suit either by cross-examining the plaintiff’s ......Send down the lower Court records at once.
Ed.
This Case is also Reported in: 50 DLR (HCD) (1998) 186...
Category: Property Law | Date: | Hits: 111
Khodeja Begum & others Vs. Md. Sadeq Sarkar, 1994, 23 CLC (HCD)
....ul Mannan J Khodeja Begum & others……………………Petitioners Vs. Md. Sadeq Sarkar………………..Opposite Party Judgment July 4, 1994. Result: The Rule is made absolute. Cases Referred To- 21 DLR 218; 34 DLR 221; Muller Vs. Oregon, US Supreme Court Report ......stitution of conjugal rights at present and in future filing of such suits. Let the records of this case be sent down immediately. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 181. ......to prove the marriage and the Kabinnama. He based his judgment on the reported decisions of 21 DLR 218 and 34 DLR 221. 7. The plaintiff being aggrieved by and dissatisfied with the judgment of the trial Court preferred Title Appeal before the District Judge, Chandpur which was heard by the Subord...... the Petitioners. Faruque Ahmed, Advocate - For the Opposite Party. Civil Revision No.5195 of 1991. Judgment Muhammad Abdul Mannan J.- This Civil Revision is directed against the Judgment and Decree dated 23-3-1986 passed by the Subordinate Judge, Chandpur in Title Appeal No.125 of 1984 ..Category: Family Law | Date: | Hits: 185
Syed Masud Ali and others Vs. Md. Asmatullah and others, 1978, 7 CLC (AD)
....e stated is that in the Court of Munsif, the plaintiff has divided the suit properties under two schedules land has claimed ownership and possession over both of them. With regard to the first he has sought a declaration of his title but with regard to the 2nd schedule he has prayed not only title t......dispute and so the adjudicatory authority of the Administrator may not be invoked. There may be cases, of course, where a dispute is raised at the time of enrolment when the Administrator will be called upon to decide the waqf character of the property. The moment the Administrator decides the...... of mosque dargah and graveyard. The defendant entered appearance and before filing written statement raised the question of competency of the suit which has been held against him concurrently by the trial court and the High Court in revision. 4. The learned Single Judge of the High Court proceed......R (AD) (1979) 249...Category: Trust/Waqf Law | Date: | Hits: 136
Mokarrom Hossain Daradi Vs. State, 2011, 40 CLC (AD)
....vely on the allegation of demanding illegal subscription. 4. After investigation in all above cases, the police submitted charge sheet on different dates under different sections. The petitioner also got bail in the above cases. All the cases were transferred to the Court of Sessions, Mymensingh......ourt issued warrant of arrest on 10.02.2011 and subsequently, when the certified copy of the order of the High Court Division submitted, then the trial Court stayed the proceeding of the cases and re-called the warrant of arrest issued on 10.02.2011 by order dated 13.03.2011 and as such, the petitio......rt Division failed to consider that the petitioner comes from Brahmanbaria, but the properties are situated at Valuka, Mymensingh and he being an outsider was facing enormous difficulties to face the trial at Mymensingh. 13. The learned Advocate further contended that the petitioner submitted the......ses) Momtaz Uddin Fakir, Additional Attorney General, instructed by Mrs. Sufia Khatun, Advocate-on-Record-For the Respondent (In all cases) Criminal Petition For Leave To Appeal Nos. 257, 258 and 259 of 2011. (From the judgment and order dated 07.04.2011 passed by the High Court Division ..Category: Criminal Law | Date: | Hits: 80
....বিঃ/জি-১৫/৪৩১(২)/০৩/৬৬৮৯ dated 25.10.2009 issued under the signature of the Director, Private University Division to have been issued without lawful authority and also praying for direction upon the respondents to give approval to its outer campuses at the said two......urt Division rightly gave the direction upon the respondents to consider the applications of the petitioner for giving approval of its outer campuses at Chittagong and Rajshahi, so no interference is called for by this Division with the impugned judgment and order and the leave petition be dismissed......ty Grants Commission (respondent No.2)" is stayed for a period of two months from date.
Ed.
This Case is also Reported in: 17 MLR (AD) (2012) 161; 17 BLC (AD) (2012) 84; 32 BLD (AD) (2012) 169.
......ammel 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
University Grants Commission and another.................................Petitioners
Vs.
University of Information Technolo..
Category: Others | Date: | Hits: 197
Md. Rayhan Khokon Vs. State, 2011, 40 CLC (AD)
....ssary for disposal of this leave petition are that one Kohinoor Begum, as informant lodged first Information Report with Kadamtoli P.S. alleging inter alia, that the informant lives with her husband, son and daughter. Her husband was involved in social and political activities. On 23.02.2011 the hus......egal. 15. The learned Advocate further submitted that the High Court Division initially issued Rule and stayed the impugned order upon independent consideration of the materials but subsequently recalled the order illegally on the pressure of the learned Attorney General and as such it calls for ......sed petitioner and thus she presumed that fair investigation cannot held if the accused petitioner be remained on bail and the witnesses will be influenced by the accused petitioner as a result, fair trial will be hampered. In view of the facts and circumstances mentioned herein before, we are of th...... necessary for disposal of this leave petition are that one Kohinoor Begum, as informant lodged first Information Report with Kadamtoli P.S. alleging inter alia, that the informant lives with her husband, son and daughter. Her husband was involved in social and political activities. On 23.02.2011 th..Category: Criminal Law | Date: | Hits: 68
Mohamaya Rani Saha Vs. Dr. Ashequr Rahman Khan and others, 2008, 37 CLC (AD)
....ove Civil Petition Nos.1498 of 2007 and 1333 of 2007 are directed against the Judgment and Order dated 9-11-2006 of the High Court Division passed in Civil Revision No.3257 of 2003 making the Rules absolute and the above Civil Petition No. 1499 of 2007 is directed against the judgment and Order date......ccordingly the same was rightly recorded in the Khas Khatian No.1 and nobody raised any objection thereto and that Mahamaya Rani Saha and/or her predecessor never possessed the said land and the so called documents of settlement of the suit land in favour of the defendant Nos.6-7 Shorforaz Uddin a......efendant Nos.6-7 Shorforaz Uddin and Momtaz Begum on 20-2-1989 vide Case No.39/ 88-89 with effect from 1977 is of no effect and Mahamaya Rani also never paid any rent in respect of the suit land. The trial Court, after hearing, by judgment and decree dated 29-4-1993 dismissed the suit. The Addit...... Mohammad Fazlul Karim J Md. Tafazzul Islam J Md. Joynul Abedin J Md. Abdul Matin J Mohamaya Rani Saha....................................Petitioner Vs. Dr. Ashequr Rahman Khan and others..............Respondents Judgment November 9, 2008. Result: All the petitions..Category: Property Law | Date: | Hits: 76
New Dacca Industries Ltd. Vs. Quamrul Huda & others, 1979, 8 CLC (AD)
....ation under Article 102 of the Constitution is not maintainable. 3. On hearing the parties, the High Court held that the Appellant after nationalization was no longer a private limited company and so Respondent No.1 could not be treated as an employee of a private employee. The High Court followi......High Court erred in holding that the writ was maintainable. For reasons stated above we allow this appeal without any order as to costs. The judgment of the High Court is set aside and the writ re-called. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 234.......f the shares of the nationalised company, there is no other vesting provision in the Order. On the contrary Article 6 gives power to the Government to take such measures for the running of the industrial enterprise, and has authorised the Government to dissolve the Board of Directors or Managing A...... Khan, Advocate, (absent) - For the Respondent No.1. K.A. Bakr, Attorney-General, instructed by S.S. Hoda, Advocate-on-Record - Amicus Curiae. Civil Appeal No.44 of 1978. (From the Judgment and Order dated 25.3.77 passed by the High Court in Writ petition No.205 of 1974). Judgment Ke..Category: Employment/Service Law | Date: | Hits: 104
Atahar Ali Sarder & others Vs. State, 1978, 7 CLC (AD)
....as that on the night of 6th Jaistha, 1379 B.S. the deceased Shohrab was sleeping in his hut with his wife P.W.1 when the first wife of Shohrab woke up and saw in the light of a kupi lamp that five persons including three appellants being armed with lethal weapons and torches were inside the hut and ...... relevant to matters in question without such writing being shown to him, or being proved; but, if it is intended to contradict him by writing, his attention must, before the writing can be proved be called to those parts of it which are to be used for the purpose of contradicting him." "157. I......d P.W.6 came and saw the occurrence. P.W.1 the first wife of Shorhab Sikder lodged the F.I.R. on 21.5.78 at 9 A. M. While Shorhab Sikder was being taken to the Barisal Hospital, he expired. 3. The trial Court convicted all the five accused persons under section 302/34 B.P.C. and sentenced them to......9 SC M.R. 837. Lawyers Involved: Aleem-al-Razee, Advocate, instructed by S. M. Huq, Advocate-on-Record - For the Appellants. B. B. Roy Chowdhury, Asstt. Attorney-General, instructed by B.C. Panday, Advocate-on-Record - For the Respondent. Criminal Appeal No.3 of 1978. (From the judgme..Category: Criminal Law | Date: | Hits: 107
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