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Bangladesh Public Service Commission and another Vs. Maloti Rani Mondol, 2011, 40 CLC (AD)

....e to appeal is liable to be dismissed. In the circumstances the Civil Petition for leave to appeal be dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 609, 17 MLR (AD) (2012) 104.......e to appeal is liable to be dismissed. In the circumstances the Civil Petition for leave to appeal be dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 609, 17 MLR (AD) (2012) 104.......Civil) Present: Md. Muzammel Hossain CJ Md. Abdul Wahhab Miah J Nazmun Ara Sultana J Syed Mahmud Hossain J Muhammad Imman J Muhammod Mamtaz Uddin Ahmed J Md. Shamsul Huda J Bangladesh Public Service Commission rep­resented by its Chairman Public Service Commission Secreta..

Category: Administrative Law | Date: | Hits: 210

Md. Bande Ali Miah Vs. Chief Engineer, Housing and Settlement, 2011, 40 CLC (AD)

....leave to appeal, therefore, does not merit any consideration. In the circumstances this civil petition for leave to appeal be dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 604.......ut no step was taken by the Government for de-requisition of the same. Zayor Bibi, however, had been possessing the said lands excepting the land which was used for construction of a road. That after independence Ministry of Land Administration and Land Reforms vide Memo No.L.A.29/72/46736 dated 23.......leave to appeal, therefore, does not merit any consideration. In the circumstances this civil petition for leave to appeal be dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 604...

Category: Property Law | Date: | Hits: 65

S. M. Zakir Hossain Vs. Bangladesh repre­sented by its Secretary, Ministry of Education and others, 2011, 40 CLC (AD)

....d on proper appre­ciation of law and facts and as such call for no interference. The leave petition is thus dismissed summarily. Ed. This Case is also Reported in: VIII ADC (2011) 600. ......d on proper appre­ciation of law and facts and as such call for no interference. The leave petition is thus dismissed summarily. Ed. This Case is also Reported in: VIII ADC (2011) 600. ......ahmud Hossain J Muhammad Imman Ali J Mohammad Mamtaz Uddin Ahmed J Md. Shamsul Huda J S. M. Zakir Hossain .................................Petitioner Vs. The People's Republic of Bangladesh repre­sented by its Secretary, Ministry of Education and others……………………..

Category: Employment/Service Law | Date: | Hits: 108

Mosammat Moslema Khatoon Vs. Most. Rasheda Khatoon and others, 2011, 40 CLC (AD)

....04 making the Rule absolute. 2. The present plaintiff-petitioner along with some others instituted the Other Class Suit No. 43 of 1989 in the Court of Assistant Judge, Chirirbandar, Dinajpur for a declaration that the preliminary decree as well as the final decree passed in Partition Suit No. 194......f both the Courts below and rightly dismissed the suit. Evidently, there is no merit in this leave petition and hence it is dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 583. ......f both the Courts below and rightly dismissed the suit. Evidently, there is no merit in this leave petition and hence it is dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 583. ..

Category: Property Law | Date: | Hits: 80

Mafizur Rahman Vs. Joynal Abedin and others, 1992, 21 CLC (HCD)

....ecords expeditiously. Let a copy of the judgment be sent to the learned Subordinate Judge at his present station for his guidance. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 158. ......ecords expeditiously. Let a copy of the judgment be sent to the learned Subordinate Judge at his present station for his guidance. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 158. ...... without jurisdiction. Secondly, he submits that in any view of the matter the remedy for the present petitioner was available either under Article 102 of the Constitution of the People's Republic of Bangladesh or by proper institution of a suit in a competent court of law for setting aside the orde..

Category: Property Law | Date: | Hits: 74

Government of Bangladesh Vs. Syndicate Limited, 1998, 17 CLC (HCD)

....e of the court. We find no merit in this revisional application. The Rule is, accordingly, discharged without any order as to coats. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 330.......e of the court. We find no merit in this revisional application. The Rule is, accordingly, discharged without any order as to coats. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 330.......o coats. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 330...

Category: Alternative Dispute Resolution | Date: | Hits: 147

Pubali Bank Ltd. Vs. Sultana Oil Mills and Soap Factory and others, 1998, 17 CLC (HCD)

....der as to costs. The judgment and decree passed by the trial Court is hereby affirmed. Send down the lower court records at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 323. ......der as to costs. The judgment and decree passed by the trial Court is hereby affirmed. Send down the lower court records at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 323. ......ases Referred to- PLD 1966 (Karachi) 55; 27 DLR (Dhaka) 200; AM Burq and another Vs. Central Exchange Bank Ltd. and others, PLD 1966 (Lahore) 1; Md. Obaidul Akbar Vs. East Pakistan Provincial (now Bangladesh) Co. operative Bank Ltd. 27 DLR (Dhaka) 523; DP Goenka Vs. Governor-General of Pakistan a..

Category: Business or Commercial Law | Date: | Hits: 196

Raisuddin Vs. Secretary, Ministry of Law, Justice and Parliamentary Affairs and others , 1999, 18 CLC (HCD)

....rd appreciation for the arguments advanced by Mr. Razzaque. For the aforesaid discussion, the Rule is discharged but with no costs. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 313.......rd appreciation for the arguments advanced by Mr. Razzaque. For the aforesaid discussion, the Rule is discharged but with no costs. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 313.......Ward Nos.72, 73 and 75 and on his application the said Lutfar Rahman was removed and the petitioner was appointed Nikah Registrar by order dated 13-7-86. 4. The Rule is resisted by respondent No.1 Bangladesh and respondent 4 by filing separate sets of affidavit-in-opposition. 5. Respondent No...

Category: Civil Law | Date: | Hits: 83

Moqbul Hossain Bakul and others Vs. Mohammad Ali and others, 1998, 17 CLC (HCD)

.... Title Suit No.25 of 1987 in the court of the Assistant Judge, Motlab impleading the opposite parties No.1-4 as first party defendant and opposite parties No. 5-7 as 2nd party defendants, praying for declaration of their rayati right by purchase in ‘kha’ schedule properties which is included in ......aintain status quo in respect of the possession of the suit property is hereby vacated. Send down the lower court records at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 307. ......aintain status quo in respect of the possession of the suit property is hereby vacated. Send down the lower court records at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 307. ..

Category: Property Law | Date: | Hits: 65

Hindu Deity Lakshmi Gobinda Jew Vs. Deputy Custodian, Enemy Property, Government of Bangladesh and others, 1998, 17 CLC (HCD)

....te Judge, Dhaka in Title Suit No.34 of 1970 dismissing the suit. 2. The petitioner as plaintiff instituted a suit in the Second Court of Subordinate Judge, Dhaka being Title Suit No.34 of 1970 for declaration of title in the suit properly and for a further declaration that the suit property canno......t be treated as abandoned property or vested property (enemy property) by the defendants. Send down the lower Court records at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 300.......rt Division (Civil) Present: Gour Gopal Saha J Hindu Deity Lakshmi Gobinda Jew………………Petitioner Vs. Deputy Custodian, Enemy Property (now Vested Property), Government of Bangladesh and others...………..Opposite Parties Judgment August 16, 1998. Result: T..

Category: Property Law | Date: | Hits: 102

Hosna Jahan (Munna) Vs. Md. Shajahan (Shaju) and others, 1998, 17 CLC (HCD)

....l appearing for the petitioner, hammered hard on the point of maintainability placing reliance on the decision in the case of Nelly Zaman Vs. Giasuddin Khan reported in 34 DLR 221, wherein a suit for declaration that a divorce at the instance of the wife is illegal, the suit was decreed with a direc......ccordingly, this application is rejected. The Family Court is directed to dispose of the suit on merit without any further adjournment. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 295....... at the Chouddagram PS and lodged an Ejahar on 28-9-95 giving rise to Nari-O-Shishu Nirjatan Case No.8 of 1996. The plaintiff having obtained ball from the High Court Division of the Supreme Court of Bangladesh on 29-9-1996 with a view to out of the criminal case, filed Family Suit No.27 of 1996 jus..

Category: Family Law | Date: | Hits: 166

Chan Mia (Md.) Vs. Rupnahar, 1998, 17 CLC (HCD)

....nerally with recitation of certain versus from the Koran, yet the Muhammadan Law does not positively proscribe any such service peculiar to the occasion.” 16. Marriage is legally contracted by a declaration made by one contracting party being followed by a corresponding acceptance from the othe......d that the impugned judgment and decree suffer from any illegality or error of law. The application is therefore summarily rejected. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 292. ......ntial to prove the contract of marriage written in the form of kabinnama; and the law of restitution of conjugal rights is violative of the provision of the Constitution of the People’s Republic of Bangladesh. 19. I have already observed that kabinnama its registration is not essential in order..

Category: Family Law | Date: | Hits: 166

Santi Gopal Dey and others Vs. Maliza Rani Saha and others, 1998, 17 CLC (HCD)

.... 2. Short facts relevant for disposal of the case are that, the petitioners as plaintiffs instituted a suit in the Court of the Senior Assistant Judge Narshingdi being Title Suit No.108 of 1988, for declaration of easement right in the suit land. 3. The defendant opposite parties contested the s......urnments to the parties except on most convincing grounds. Communicate the order to the learned Assistant Judge, Narshingdi at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 290.......urnments to the parties except on most convincing grounds. Communicate the order to the learned Assistant Judge, Narshingdi at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 290...

Category: Procedural Law | Date: | Hits: 58

Shamsuddin Ahmed and others Vs. Government of Bangladesh and others, 1993, 22 CLC (HCD)

....ourt may seem fit and proper. 2. The facts giving rise to this Rule are that the plaintiff petitioners instituted a suit being Title Suit No.53 of 1990 against the defendant opposite parties for a declaration of their title to the suit land described in the schedule to the plaint and for a furthe......lier granted by this Court and extended from time to time is hereby vacated. Communicate the order to the Court concerned at once. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 675. ......ion (Civil Revisional Jurisdiction) Present: ARM Amirul Islam Chowdhury J Md. Sirajul Islam J Shamsuddin Ahmed and others………………………Petitioners Vs. Government of Bangladesh and others………………………Opposite Parties Judgment May 20, 1993. Cas..

Category: Property Law | Date: | Hits: 68

Bangladesh and another Vs. Banarashi Lal Sharaf and others, 1993, 22 CLC (HCD)

.... Kazi Ebadul Hoque J.- This appeal by the defendants is against judgment and decree dated 27.3.1959 passed by the Subordinate Judge, Kushtia in Title Suit No.18 of 1957 decreeing plaintiff's Suit for declaration that seizure of the disputed goods on 5.1.55 and confiscation of the same on 3.9.55 are ......iff's Title Suit No.18/57 is dismissed. In the facts and circumstances of the case parties shall bear their respective costs althrough. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 669....... This Case is also Reported in: 45 DLR (HCD) (1993) 669...

Category: Fiscal/Taxation Law | Date: | Hits: 125

Shyamal Chandra Roy Vs. Probhat Chandra Roy, 1999, 18 CLC (HCD)

....ose of the case are that, the petitioners as plaintiffs instituted a suit in the Court of the Assistant Judge, Pirganj in the District of Thakurgaon, being Other Class Suit No.28 of 1991, praying for declaration of title in the suit land and for permanent injunction. 3. The defendant opposite par......order, with notice to the contending parties. Communicate the order of the Court to the learned Assistant Judge, Thakurgaon at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 504.......order, with notice to the contending parties. Communicate the order of the Court to the learned Assistant Judge, Thakurgaon at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 504...

Category: Procedural Law | Date: | Hits: 91

Shahidul Islam Vs. Mahbubul Alam and others, 1999, 18 CLC (HCD)

....ified apology with the above direction to publish this judgment on the front page of the respective newspaper within 15 days from date. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 485.......ified apology with the above direction to publish this judgment on the front page of the respective newspaper within 15 days from date. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 485.......nce and by filing separate affidavits-in-opposition tendered unqualified apology. 2. On 15-2-99 this Court issued Rule Nisi in Writ Petition No.545 of 1999 filed by the petitioner calling upon the Bangladesh Bank and two others to show cause as to why order dated 30-8-98 so far as clause No.6 of ..

Category: Criminal Law | Date: | Hits: 69

Shaikh Jahangir Hossain Vs. Government of Bangla­desh and others, 2001, 30 CLC (HCD)

...., in decreeing the suit. 2. One Sheikh Jahangir Hossain instituted the suit against the Secretary, Railway Division, Ministry of Communication, Government of Bangladesh and 7 others, praying for a declaration that the impugned order dated 4‑8‑1992 passed by the concerned Ministry, is illegal ......udgment be forwarded, to the learned Judge wherever he is posted now, for his future guidance. Send down the lower Court records at once. Ed. This Case is also Reported in: 55 DLR (2003) 405. ......rt, Dhaka, in Title Suit No.258 of 1952, in decreeing the suit. 2. One Sheikh Jahangir Hossain instituted the suit against the Secretary, Railway Division, Ministry of Communication, Government of Bangladesh and 7 others, praying for a declaration that the impugned order dated 4‑8‑1992 passed..

Category: Civil Law | Date: | Hits: 82

Almas Miah Vs. State, 2002, 31 CLC (HCD)

....ppellant is acquitted from the charge. Let the appellant be set at liberty if he is not wanted in any other case. Send down the records. Ed. This Case is also Reported in: 55 DLR (2003) 403. ......ppellant is acquitted from the charge. Let the appellant be set at liberty if he is not wanted in any other case. Send down the records. Ed. This Case is also Reported in: 55 DLR (2003) 403. ......d P.W.6 have corroborated the informant that said note was recovered from the possession of the appellant and witnessed the seizure thereof by the police. P.W.3 testified that he sent the note to the Bangladesh Bank for examination and report, which reported that it was forged. We could not however,..

Category: Criminal Law | Date: | Hits: 87

Nazrul Islam Vs. State and others, 2002, 31 CLC (HCD)

....monirhat now detained in Lalmonirhat District Jail, Lalmonirhat be set at liberty at once, if not wanted in connection with any other case. Ed. This Case is also Reported in: 55 DLR (2003) 401. ......monirhat now detained in Lalmonirhat District Jail, Lalmonirhat be set at liberty at once, if not wanted in connection with any other case. Ed. This Case is also Reported in: 55 DLR (2003) 401. ......ocate and President of the District Bar Association, Lalmonirhat who is associated with different humanitarian organisations of the District. He also submits that the detenu is the Joint Secretary of Bangladesh Awami League, Lalmonirhat District Unit and due to his involvement in politics his oppone..

Category: Criminal Law | Date: | Hits: 69