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Amirul Huq Shameem and others Vs. AKM Shamsuddin & others, 1995, 24 CLC (HCD)
....under the circumstances the plaintiffs being no longer in the Executive Committee cannot seek equitable relief or obtain an injunction and hence the same should be dismissed. 13. On perusal of the relevant documents and after hearing the parties the Senior Assistant Judge passed an order of statu...... opposite parties were members of the Executive Committee of the Mymensingh Dhaka Coach Owners Association and the said Executive Committee has remained virtually unaltered for the last 14 years with papers transaction showing Annual Elections. The last date of 'Elections’ was on 6‑8‑1992 for ...... Ed. This Case is also Reported in: 49 DLR (HD) (1997) 77. ...... circumstances the plaintiffs being no longer in the Executive Committee cannot seek equitable relief or obtain an injunction and hence the same should be dismissed. 13. On perusal of the relevant documents and after hearing the parties the Senior Assistant Judge passed an order of status quo til..Category: Civil Law | Date: | Hits: 85
Benode Behari Mondal Vs. Arabinda Sarder and others, 1995, 24 CLC (HCD)
....spose of the appeal within 3(three) months from the date of receipt of the record. The lower court records be sent down immediately. Ed. This Case is also Reported in: 49 DLR (HD) (1997) 72. ......spose of the appeal within 3(three) months from the date of receipt of the record. The lower court records be sent down immediately. Ed. This Case is also Reported in: 49 DLR (HD) (1997) 72. ...... Supreme Court High Court Division (Civil Revisional Jurisdiction) Present: Kazi Ebadul Haque J Benode Behari Mondal.......…………………….Petitioner Vs. Arabinda Sarder and others……………………..Opposite Parties Judgment January 3, 1995. Lawyers Inv......etitioner submitted that court of appeal below acted illegally in not deciding the appeal on merit and shirking responsibility sent the case on remand to the trial Court on flimsy ground that certain documents have been considered without being marked as exhibits. 7. Mr. M Fazlul Karim, the learn..Category: Property Law | Date: | Hits: 51
Alaluddin alias Alauddin and Others Vs. State, 1994, 23 CLC (HCD)
....ot identify them. He stated that Suruj Ali and Saiful Islam were also with him. The defence declined to cross-examine him. 13. P.W.9, Abdul Quadir, stated that he is a constable No.943 and at the relevant time he was posted at Phulpur PS. He took the deadbody of Aftabuddin Chairman from village ......t the appellants be set at liberty forthwith, if not wanted, in connection with any other case. Send down the L/C records at once. Ed. This case is also Reported in: 49 DLR (HD) (1997) 66. ......also Reported in: 49 DLR (HD) (1997) 66. ......t the appellants be set at liberty forthwith, if not wanted, in connection with any other case. Send down the L/C records at once. Ed. This case is also Reported in: 49 DLR (HD) (1997) 66. ..Category: Criminal Law | Date: | Hits: 74
Hazi Abdul Hakim Khan Vs. Lal Miah Saiyal alias Lal Miah and others, 2012, 41 CLC (AD)
....ree. Surendra Kumar Sinha J. – I agree. Abdul Wahhab Miah J. – I agree. Nazmun Ara Sultana J. – I agree. Syed Mahmud Hossain J. – I agree. Ed. This Case is also Reported in: ......ddition to their title, the defendants otherwise acquired a good title by adverse possession. The plaintiff as an influential man of the locality, in his bid to grab the land, collusively created the papers and documents and filed the instant suit. 4. The plaintiff examined four witnesses, while......l Wahhab Miah J Nazmun Ara Sultana J Syed Mahmud Hossain J Muhammad Imman Ali J Hazi Abdul Hakim Khan.................................. Petitioner Vs. Lal Miah Saiyal alias Lal Miah and others........ Respondents Judgments February 26, 2012 Result: The petition is dism...... Begum in execution of certificate and induction in possession of the suit holding through Court and subsequent transfer to the plaintiff by a registered sale deed are all false and unfounded and the documents, even if made, are mere paper transactions which have not passed any title to the alleged ..Category: Property Law | Date: | Hits: 70
.... case of Bangladesh Freedom-fighters Welfare Trust Vs. Md. Momtajul Hossain, 44 DLR (AD) 273. In the aforesaid case the Appellate Division held as follows:
“It has not been clearly stated in the relevant provision for termination of service sub-rule (1) of rule 7 of the Rules, who is to exercis......ndent mind before passing the impugned order and, as such, this order is absolutely illegal and without jurisdiction.
24. We have heard the learned Advocates of both sides and perused the relevant papers and documents placed before us. It is easy to allege mala fide, but it is difficult to prove ......& others………………Respondents
Judgment
July 1, 1997.
Result:
The Rule is discharged.
Cases Referred to-
Dr. Syed Mahbubur Rahman Vs. Bangladesh University of Engineering and Technology, 45 DLR 333; Bangladesh Freedom-fighters Welfare Trust Vs. Md. Momtajul Hossain, 44 D......before passing the impugned order and, as such, this order is absolutely illegal and without jurisdiction.
24. We have heard the learned Advocates of both sides and perused the relevant papers and documents placed before us. It is easy to allege mala fide, but it is difficult to prove the same. I..
Category: Employment/Service Law | Date: | Hits: 158
Bangladesh Agricultural Development Corporation Vs. Md. Abdur Rashid and others, 2012, 41 CLC (AD)
....Writ Petition No. 2331 of 2009 making the Rule absolute. Since in all the leave petitions raise similar points of law, they were heard together and are disposed of by this single order. 5. The relevant facts of the case are as follows: The writ petitioners (respondents herein) were all em......ses. 9. We have considered the submissions of the learned Counsel for the petitioners in all the cases and perused the impugned judgments and orders of the High Court Division and other connected papers on record and we find merit in the submissions of the learned Counsel for the petitioner. ......ction) Present: Surendra Kumar Sinha J Md. Abdul Wahhab Miah J Nazmun Ara Sultana J Muhammad Imman Ali J Md. Shamsul Huda J Bangladesh Agricultural Development Corporation, Dhaka and others................ Petitioners (In all the cases) Vs. Md. Abdur Rashid and others …â......gree. Md. Abdul Wahhab Miah J. – I agree. Nazmun Ara Sultana J. – I agree. Muhammad Imman Ali J. – I agree. Md. Shamsul Huda J. – I agree. Ed. This Case is also Reported in: ..Category: Employment/Service Law | Date: | Hits: 73
State Vs. Dr. AZM Zahid Hossain and another, 2012, 41 CLC (AD)
....l is directed against the judgment and order dated 05.12.2011 passed by a Division Bench of the High Court Division in Criminal Miscellaneous Case No.23523 of 2009 making the Rule absolute. 2. The relevant facts of the case are as follows: The Ministry of Finance allowed 8 Voluntary Social We...... of 1947). 8. We have considered the submissions of the learned Additional Attorney General for the State and perused the impugned judgment and order of the High Court Division and other connected papers on record. 9. We find substance in the submissions of the learned Additional Attorney Gen......ah J Nazmun Ara Sultana J Syed Mahmud Hossain J Muhammad Imman Ali J The State, represented by the Deputy Commissioner, Dhaka................ Petitioner Vs. Dr. A.Z.M. Zahid Hossain and another.................... Respondents Judgment February 26, 2012 Result: Leave is ......12. Surendra Kumar Sinha J – I agree. Md. Abdul Wahhab Miah J – I agree. Nazmun Ara Sultana J – I agree. Syed Mahmud Hossain J – I agree. Ed. This Case is also Reported in: ..Category: Criminal Law | Date: | Hits: 92
Government of Bangladesh Vs. Md. Golam Nabi, 2010, 39 CLC (AD)
..... 5. We have heard the learned Deputy Attorney General on behalf of the petiÂtioners and learned Advocate-on-Record on behalf of the respondent. We have perused the judgments and connected papers relevant for the disposal of this petition. Only point for consideration is whether the respondent w......justice. 5. We have heard the learned Deputy Attorney General on behalf of the petiÂtioners and learned Advocate-on-Record on behalf of the respondent. We have perused the judgments and connected papers relevant for the disposal of this petition. Only point for consideration is whether the respo......rul Haque CJ Md. Muzammel Hossain J Surendra Kumar Sinha J Government of the People's Republic of Bangladesh, repÂresented by the Secretary Ministry of Home, Bangladesh Secretariat, Dhaka and others ........Petitioners Vs. Md. Golam Nabi ..................................................dy within 12(twelve) weeks and the respondent is at liberty to mention the appeal for hearing after expiry of the said 12 (twelve) weeks. Ed. This Case is also Reported in: VIII ADC (2011) 757. ..Category: Administrative Law | Date: | Hits: 163
Siddiqur Rahman and others Vs. Md. Monwar Hossain and others, 2011, 40 CLC (AD)
....t assessment of the materials on record and appreciation of law arrived at a correct decision. The petition is accordingly dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 755. ......e-emptor. Such non-consideration of the evidence has affected the result of the case causing a failure of justice". 6. We have heard the learned counsel of the parties and considered the connected papers including the judgment of the High Court Division. We do not find any force in the above subm...... is also Reported in: VIII ADC (2011) 755. ......t assessment of the materials on record and appreciation of law arrived at a correct decision. The petition is accordingly dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 755. ..Category: Property Law | Date: | Hits: 72
Bangladesh Water Development Board Vs. Md. Shafiqul Islam and others, 2010, 39 CLC (AD)
....titioners arc permitted to add the additional grounds. The order of status-quo granted earlier be extended till disposal of the appeal. Ed. This Case is also Reported in: VIII ADC (2011) 752.......titioners arc permitted to add the additional grounds. The order of status-quo granted earlier be extended till disposal of the appeal. Ed. This Case is also Reported in: VIII ADC (2011) 752....... Present: ABM Khairul Haque CJ Md. Muzammel Hossain J Surendra Kumar Sinha J Bangladesh Water Development Board, represented by its Director General, WAPAD Bhaban, Motijheel C/A, Dhaka and others..........Petitioners Vs. Md. Shafiqul Islam and others..............Respondents ......ve heard the learned Advocate-on-Record appearing for the petitioners and learned Counsel appearing for the respondent No.1. We have perused the impugned judgment, the writ petition and the connected documents. It is contended on behalf of the petitioners that the High Court Division erred in law in..Category: Employment/Service Law | Date: | Hits: 94
Noni Gopal Das and others Vs. Dinesh Chandra Das and others, 2011, 40 CLC (AD)
.... order and as such, the same does not call for interference by this Court. Accordingly, the petition for leave to appeal is dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 739. ......laintiff took the deed of gift in his possession and subsequently did not return the same by saying that it had been lost. Being afraid of the criminal case the defendants put their signatures in the papers connected with the criminal case. The statements made by the defendants in the criminal case ......issed. Ed. This Case is also Reported in: VIII ADC (2011) 739. ...... order and as such, the same does not call for interference by this Court. Accordingly, the petition for leave to appeal is dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 739. ..Category: Property Law | Date: | Hits: 62
Shariful Islam Vs. Billal Hossain and the State, 1992, 21 CLC (HCD)
.... Revision No.33 of 1991 is hereby set aside and the trial Court is hereby directed to proceed with the trial in accordance with law. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 722. ...... Revision No.33 of 1991 is hereby set aside and the trial Court is hereby directed to proceed with the trial in accordance with law. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 722. ......upreme Court High Court Division (Criminal Revisional Jurisdiction) Present: Mahmudul Amin Chowdhury J Shariful Islam…………………………Petitioner Vs. Billal Hossain and the State………………………Opposite Parties Judgment July 29, 1992. Lawyers In......itted by the police under the aforesaid sections of the Penal Code. Section 241A of the Code of Criminal ProceÂdure provides that if the Magistrate on consideration of the record of the case and the documents subÂmitted therewith and making such examination, if any, of the accused as the Magistrat..Category: Criminal Law | Date: | Hits: 67
Kibria and Associates Ltd. Vs. Bangladesh Agricultural Development Corporation, 1992, 21 CLC (HCD)
....o order specific performance, and to make an interim award." In Chandris Cohen, LJ also spoke for the Court and observed at page 624 "In this connection it is to be remembered that in 1933 all the relevant cases would have been heard by a judge with a jury. In any view, the decision of the Court ......ters at rest arising out of the situation like the present one. In the result, we allow this appeal without any order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 712. ......Case is also Reported in: 45 DLR (HCD) (1993) 712. ...... business for 47 days as alleged and the appellant was not entitled to any amount for the non‑scheduled work and the bill submitted was not proper. 4. Both the appellant and the respondent filed documents including the measurement book before the Arbitrator who on hearing the parties and on exa..Category: Alternative Dispute Resolution | Date: | Hits: 156
....t a preventing detention, independent of the Advisory Board. Mere omnibus statement without filing an affidavit-in-opposition controverting the statements made in the Writ Petition and or placing the relevant materials that the Advisory Board found the order of detention good and recommended for fur......ngla, District Bagerhat, now detained in Bagerhat district jail, be set at liberty forthwith, if not wanted in connection with any other case.
Ed.
This Case is also Reported in: 57 DLR (2005) 32.......Affairs.....................Respondent
Judgment
March 1, 2004.
Cases Referred to-
Md. Anowar Hossain on behalf of detenu Chittaranjan Guha Vs. State, 29 DLR 15; Calcutta Dock Labour Board and others Vs. Jaffar Imam, AIR 1966 (SC) 282; Habiba Mahmood Vs. Bangladesh, 45 DLR (AD) 89.
Law......ngla, District Bagerhat, now detained in Bagerhat district jail, be set at liberty forthwith, if not wanted in connection with any other case.
Ed.
This Case is also Reported in: 57 DLR (2005) 32...
Category: Criminal Law | Date: | Hits: 64
Emdadul Hoque Vs. State, 2004, 33 CLC (HCD)
....n. Send down the LC records along with a copy of this judgment to the trial Court concerned immediately for information and necessary action. Ed. This Case is also Reported in: 57 DLR (2005) 21. ......vocate for the appellant, took us through the first information report, charge-sheet, charge, sketch-Âmap, seizure list, deposition of the prosecution witnesses, impugned judgment and other material papers/documents as available in paper-book and submits that this is a case of no evidence, but the ......State. Criminal Appeal No. 1337 of 1998. Judgment Md. Hassan Ameen J.- This Criminal Appeal, at the instance of sole accused-appellant namely, Emdadul Hoque, is directed against the judgment and order, dated 4‑5‑1998, passed, by the learned Sessions Judge, Lalmonirhat, in Sessions Case ......for the appellant, took us through the first information report, charge-sheet, charge, sketch-Âmap, seizure list, deposition of the prosecution witnesses, impugned judgment and other material papers/documents as available in paper-book and submits that this is a case of no evidence, but the learned..Category: Criminal Law | Date: | Hits: 76
Abdur Rahman Dhali and others Vs. State, 2004, 33 CLC (HCD)
....nding in the Court of Divisional Special Judge, Khulna Barisal Station) should not be quashed or such other order or further order or orders passed as to this Court may seem fit and proper. 2. The relevant facts, for the purpose of disposal of this Rule are stated herein below: 3. The accused-...... section 5(2) of the Prevention of Corruption Act, 1947 (hereinafter referred to as Act 11/47). 5. Being entrusted to investigate into the case the Investigating officer verified all the necessary papers, examined the witnesses and recorded their statement under section 161 of the Code of Crimina......Case is also Reported in: 57 DLR (2005) 17. ......to the concerned bank and the said Molla Kamruzzaman with the aid of the said petitioners created false chalan and scrolls without depositing the said amount to the concerned bank and used those fake documents, as being genuine, to withdraw 10.34 metric tons of rice from Food Godown. He further subm..Category: Criminal Law | Date: | Hits: 85
Abdul Mannan Bhuiyan (Md.) Vs. University of Rajshahi and others, 2004, 33 CLC (HCD)
....the petitioner of his subject Administrative Law in his LLB (Hon's) Part-IV Examination 1999 and to re-Âevaluate the result accordingly. 2. It is stated in the petition that the petitioner at the relevant time was a student of the University of Rajshahi (respondent No.1) and he passed LLB (Honâ€......rage 62.50% in all the other three subjects, save and except in the Administrative Law paper. In the said paper he secured only 32 marks. As such, because of his good results in all the other fifteen papers up to the Final LLB. Examination, he had legitimate expectation that he might have secured hi......n (Special Original Jurisdiction) Present: ABM Khairul Haque J Md. Miftahuddin Chowdhury J Abdul Mannan Bhuiyan (Md.)........................Petitioner Vs. University of Rajshahi and others...............Respondents Judgment April 26, 2004. Lawyers Involved: Md. Taju......ding the application of the petitioner a cost should be imposed. In the result, the rule is made absolute with a cost of Taka 5,000 only. Ed. This Case is also Reported in: 57 DLR (2005) 14. ..Category: Others | Date: | Hits: 157
Abdus Sattar Pramanik (Md) and another Vs. State and another, 2003, 32 CLC (HCD)
....e proceedings of GR Case No. 403/2000 (Sadar) corresponding to Bogra PS Case No. 15 dated 5‑5‑2000 now pending in the Court of Magistrate, 1st Class, Bogra, should not be quashed. 2. The facts relevant for disposal of this Rule, briefly stated, are that the petitioners inherited some landed p......r of stay granted at the time of issuance of the Rule is hereby recalled. Communicate a copy of this order to the Court concerned at once. Ed. This Case is also Reported in: 56 DLR (2004) 453.......also Reported in: 56 DLR (2004) 453.......r of stay granted at the time of issuance of the Rule is hereby recalled. Communicate a copy of this order to the Court concerned at once. Ed. This Case is also Reported in: 56 DLR (2004) 453...Category: Criminal Law | Date: | Hits: 62
Fazlur Rahman (Md) Vs. Md. Abdul Hamid, Advocate and others, 2002, 31 CLC (HCD)
....sistent with the provisions of Article 148 read with the Third Schedule of the Constitution. Again, in order to appreciate the arguments of both the parties, we may reproduce Article 148 and also the relevant portion of the Third Schedule. "148. (1) A person elected or appointed to any office men...... taken in this writ petition. So, the Rule is liable to be discharged. In the result, the Rule is discharged without any order as to cost. Ed. This Case is also Reported in: 56 DLR (2004) 448....... Jurisdiction) Present: Md. Hamidul Haque J Nazmun Ara Sultana J Fazlur Rahman (Md)…………………………………………………Petitioner Vs. Md. Abdul Hamid, Advocate and others……………………Respondents Judgment July 24, 2002 Result: The Rule is...... taken in this writ petition. So, the Rule is liable to be discharged. In the result, the Rule is discharged without any order as to cost. Ed. This Case is also Reported in: 56 DLR (2004) 448...Category: Constitutional Law | Date: | Hits: 242
Abdus Salam (Md) Vs. University of Rajshahi & others, 2004, 33 CLC (HCD)
.... order dated 7‑5‑2001 (Annexure N‑1) issued under the signature of the Registrar, University of Rajshahi, the respondent No. 4, in violation of the principles of natural justice and also of the relevant provisions of the Rajshahi University Act, 1973 (the Act, in short), 3. Being aggrieved,......erty to proceed against the petitioner in accordance with law. In the result, this Rule is made absolute but without any order as to costs. Ed. This Case is also Reported in: 56 DLR (2004) 441. ...... For the Respondents. Writ Petition No. 3397 of 2001. Judgment ABM Khairul Haque J. - This Rule Nisi was issued at the instance of one Md Abdus Salam, calling upon the University of Rajshahi and others to show cause as to why the order of dismissal (Annexure N (1) to the petition) dated 7â€......erty to proceed against the petitioner in accordance with law. In the result, this Rule is made absolute but without any order as to costs. Ed. This Case is also Reported in: 56 DLR (2004) 441. ..Category: Employment/Service Law | Date: | Hits: 60
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