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Jesmin Ara Vs. Md. Abdul Karim, 2010, 39 CLC (HCD)

....f stay granted earlier by this Court stands vacated. Office is directed to communicate the order at once. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 172; 18 BLT (HCD) (2010) 255. ......m J Jesmin Ara...........................Petitioner Vs. Md. Abdul Karim.............................Opposite Party Judgment February 11, 2010. Result: The rule is discharged. Lawyers Involved: Md. Salauddin Talukder, Advocate - For the Petitioner,  Md. Khairul Ala......e Sadar Court of Assistant Judge, against defendant for realization of his outstanding salary and other benefits worth of Taka 1,34,259. 3. In suit, the defendant sought to return the plaint under Order VII Rule 10(1) CPC for its presentation to the appropriate Court having jurisdiction which was..

Category: Procedural Law | Date: | Hits: 122

Rafiqul Alam (Md.) Vs. Md. Abdul Awal & others, 2010, 39 CLC (HCD)

....2-1997 passed by the Subordinate Judge, Rangpur in Order Appeal No.140 of 1995 in hereby affirmed. Send down the LCR accordingly. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 168. ......411; Fazlul Karini Vs. Agrani Bank, 45 DLR 375; Tamser Ali Vs. Md. Nazrul Islam, 55 DLR 151; Nazir Ahmed Vs. Province of East Pakistan, 31 DLR 399; Rupali Bank Ltd. Vs. Md. Arab Ali, 7 BLC (AD) 1. Lawyers Involved: Md. Sajjad Ali Chowdhury, Advocate - For the Petitioner.  Syed Humayun ......the Rule, which is liable to be discharged. In the result, the Rule is discharged without any order as to costs. The judgment and decree dated 24-2-1997 passed by the Subordinate Judge, Rangpur in Order Appeal No.140 of 1995 in hereby affirmed. Send down the LCR accordingly. Ed. This Ca..

Category: Civil Law | Date: | Hits: 144

Aysha Begum and others Vs. Mozibur Rahman, 2010, 39 CLC (HCD)

....is allowed. The impugned order passed by the learned Joint District Judge is set aside. There shall, however be, no order as to cost. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 160. ......ar Ahmed, 36 DLR (AD) 97; Gobinda Narayan Rao Desai Vs. Vallabhrao Narayatao Desai, AIR 1920 Bom 321; Ghulam Zainab Vs. Tnhirn Sultana, PLD 1977 Lah 492; Kamiruddin Vs. Moksed Ali, 49 DLR (AD) 14. Lawyers Involved: AJ Mohammad Ali, Senior Advocate, with Sk. Md. Jahangir, Advocates - For the Ap......o.13. The appellants i.e. heir of Abdul Gani and the added defendant No.13 made their appearance in the suit but did not file written statement. At this stage the plaintiff filed an application under Order XL rule 1 of the Code of Civil Procedure, shortly, "the Code" praying for appointment of recei..

Category: Civil Law | Date: | Hits: 126

Shaukat Ali and another Vs. Chairman, Labour Court, Khulna and others, 1992, 21 CLC (HCD)

....f Labour (Standing Orders) Act, 1965. With the aforesaid observation the rules are discharged. There will be no order as to costs. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 410. ......- Md. Waziullah and another Vs. Secretary, Bangladesh Shipping Corporation and others, 32 DLR 36; Manager, Zeal Bangladesh Sugar Mills Ltd. Vs. Chairman First Labor Court and another, 34 DLR 1. Lawyers Involved: M Bazlur Rahman Talukder, Advocate ‑ For Petitioner (In both the Rules). M......Manager for constitution of fresh enquiry committee which was not complied with by respondent No.3. The petitioner then filed a grievance notice under section 25 of the Employment of Labour (Standing Orders) Act 1965 on 27.7.85 but the grievance petition was rejected. The petitioner then filed Compl..

Category: Labour and Industrial Law | Date: | Hits: 182

Junnur Rahman (Md.) Vs. Bangladesh Shilpa Rin Sangstha (BSRS) and others, 1997, 26 CLC (HCD)

....t that could also be considered by the Administrative Tribunal. In the result, the Rule is discharged without any order as to cost. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 39. ...... Mujibur Rahman Vs. Bangladesh, 44 DLR (AD) 111; Ajoy Hasia Vs. Khaled Mujib, AIR 1981 (SC) 487; Shafiuddin Ahmed Vs. Bangladesh, 47 DLR 81; Administrative Tribunal Vs. Muklesur Rahman, 36 DLR 71. Lawyers Involved: Amirul Islam with Shafique Ahmed, Advocates - For the Petitioner. Rafiqur Ra......ior Principal Officer (SPO). His further case is that Regulation No.11 of BSRS Employees Service Regulations, 1988 made in exercise of powers under Article 43(1) of the Bangladesh Shilpa Rin Sangstha Order, 1972 (PO 128 of 1972) provides for filling 100% vacancies in the post of Assistant General Ma..

Category: Employment/Service Law | Date: | Hits: 194

Gazi Jashimuddin Vs. Bangladesh & others, 1997, 26 CLC (HCD)

.... The respondents are directed to appoint the petitioner to the Police cadre within four months from the date of receipt of this order. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 37. ......es Referred to- K Sadanandan Vs. State of Kerala, AIR 1963 Kerala 59 (V 50 c 18); Mcanliffe Vs. New Bedford, (1892) 155 Mass. 261 at P 220; Bangladesh Vs. Md. Matiar Rahman, 1982 BLD (AD) 109. Lawyers Involved: Abdur Razzaq, Advocate - For the Petitioner. Bazlur Rahman Chhana, Assistant...... The respondents are directed to appoint the petitioner to the Police cadre within four months from the date of receipt of this order. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 37. ..

Category: Employment/Service Law | Date: | Hits: 194

State Vs. Tutul & Fazlur Rahman @ Badal and others, 2011, 40 CLC (HCD)

....fan be discharged from his bail bond. Send down the Lower Court Records, along with a copy of this, judgment and order, at once. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 516. ......; Abdul Hye Sikder Vs. The State, 12 BLD (AD) 180; Mistha Vs. The State, (1963) PLD (Karachi) (DB) 1; Ghulam Vs. The Crown 1950 P.L.D. (Lahore) 90; Baktiar Hossain Vs. The State, 47 DLR (HCD) 542. Lawyers Involved: Khandaker Mahbub Hossain with Sheikh Mohammad Ali- For the condemned-prisoner.&......P.W.2 Badsha Mia could recognize as many as 7 accused persons including the appellants. In this connection we have gone through the Lower Court Records and perused the order No.30 dated 28.7.1998 and Order No.33 dated 6.8.98 which speak that the Test Identification Parade was held on 6.8.98 at about..

Category: Criminal Law | Date: | Hits: 98

Ali Hossain and others Vs. State & others, 1984, 13 CLC (HCD)

....o be Additional Sessions Judge, Patiya, Chittagong in Criminal Motion No.973 of 1982 is set aside. Syed Mohammed Ali J.—I agree. Ed. This Case is also Reported in:36 DLR (HCD) (1984) 111. ......¦â€¦Respondent Judgment January 10, 1984. Result: The rule is made absolute. Cases Referred to- Shqfiqur Rahman and others Vs. Nurul Islam Chowdhury and others, 35 DLR (A.D) 127 Lawyers Involved: Mokbul Ahmed—For the Petitioners. Moazzem Hossain, Deputy Attorney Genera......o be Additional Sessions Judge, Patiya, Chittagong in Criminal Motion No.973 of 1982 is set aside. Syed Mohammed Ali J.—I agree. Ed. This Case is also Reported in:36 DLR (HCD) (1984) 111. ..

Category: Procedural Law | Date: | Hits: 130

Nazir Ahmed & Others Vs. Yonus Meah & Others, 1984, 13 CLC (HCD)

....udge in Criminal Motion No.53 of 1983 are set aside and those of the learned Magistrate passed in Misc Case No.160 of 1977 are restored. Ed. This Case is also Reported in:36 DLR (1984) 93. ......bruary 6, 1984. Result: The Rule is made absolute. Cases Referred to- Md. Mostafa Mondal Vs. The State, 35 DLR 362; East End Dwelling Co. Ltd Vs. Finsbury Borough Council, 1952 AC 109. Lawyers Involved: Formanullah Khan—For the Petitioners. S. C. Das—For Opposite Parties. ......udge in Criminal Motion No.53 of 1983 are set aside and those of the learned Magistrate passed in Misc Case No.160 of 1977 are restored. Ed. This Case is also Reported in:36 DLR (1984) 93. ..

Category: Procedural Law | Date: | Hits: 116

Md. Siddiqur Rahman and others Vs. Government of the People’s Republic of Bangladesh represented by the Secretary, Ministry of Liberation War Affairs and others, 2012, 41 CLC (HCD)

....n future to the respondent-Trust, it will dispose of the same in accordance with law within shortest possible time. Mohammad Bazlur Rahman J.- I agree. Ed. This Case is also Reported in: ......, 2012. Result: The Rule is made absolute in part. Case Referred to- Chairman, Bangladesh Freedom Fighters Welfare Trust and others Vs. Mominul Haque Bhuiyan and others, 14 BLC (AD) 4. Lawyers Involved: Syed Humayun Kabir Khadem, Advocate-for the petitioners. J. K. Paul, Advoca......, inter alia, that the petitioners did not acquire any vested right to claim state honorarium at the previous rate. Their claims are not backed by The Bangladesh (Freedom Fighters) Welfare Foundation Order, 1972 (P. O. 94 of 1972) or Muktijodda Kalyan Trust (Welfare) Regulations, 1984 or any decisio..

Category: Constitutional Law | Date: | Hits: 237

State Vs. Nazma Sarker @ Beauty and others, 2011, 40 CLC (HCD)

....ds, along with a copy of this judgment and order, be sent to the concerned Court below for information and necessary action at once. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 483. ......1) 105; State Vs. Nurul Islam, 31 BLD (HCD) ( 2011)285; 42 DLR. 187; 12 D.L.R.(SC) 156; 16 DLR (SC) 598; 19 DLR 819; 31 DLR 316; 32 DLR 227; 56 DLR, Page 124; 32 DLR (1980) 227; AIR 1954 (SC) 278. Lawyers Involved: Muhammad Jamiruddin Sircar with Md. Munsurul Haque Chowdhury, Idris Khan, Md.Sa......ds, along with a copy of this judgment and order, be sent to the concerned Court below for information and necessary action at once. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 483. ..

Category: Criminal Law | Date: | Hits: 99

Dulal Miah @ Dulal @ Nurun Nabi Vs. Ruhul Amin and others, 1998, 27 CLC (HCD)

....he medical certificate and X‑ray report only and on the basis of other evidence already on record. Send down the LC record at once. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 618. ......iah @ Dulal @ Nurun Nabi……………………Petitioner Vs. Ruhul Amin and others………………Opposite Party Judgment August 2, 1998. Result: The Rule is made absolute. Lawyers Involved: Mujibur Rahman, Advocate ‑ For the Petitioner. Md. Ruhul Amin, Advocate â€......he medical certificate and X‑ray report only and on the basis of other evidence already on record. Send down the LC record at once. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 618. ..

Category: Criminal Law | Date: | Hits: 76

Moslem Ahmed Sarker (Md.) alias Muslim Ahmed Vs. Abdul Khaleque and others, 1998, 27 CLC (HCD)

....ocedure. In the result, the Rule fails and it is discharged without my order as to costs. Let the LC records be sent down at once. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 616. ....... Result: The Rule is discharged. Cases Referred to- Akhlasur Rahman and others Vs. Safurulla and others, 14 BLD (AD) 20; Maulana Abdul Karim Vs. Nurjahan Begum and others, 38 DLR 361. Lawyers Involved: Osman Gani, Advocate ‑ For the Petitioner. Syed Mahmud Hossain, Advocate â......ocedure. In the result, the Rule fails and it is discharged without my order as to costs. Let the LC records be sent down at once. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 616. ..

Category: Property Law | Date: | Hits: 91

AKM Abu Sayed Chowdhury Vs. AKM Abdul Wahed Chowdhury and others, 2011, 40 CLC (HCD)

....al power. In the result the revision fails and the Rule is discharged without any Order as to cost. Sent down the LCR at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 298. ......€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦Opposite Parties Judgment March 23, 2011. Result: The Rule is discharged. Case Referred to- Habibur Rahman Vs. Mobarak Ali, 3 MLR 1998 207 = 50 DLR 55. Lawyers Involved: Md. Sirajul Huq, Advocate - For the Petitioners.  Khair Ezaz Masud with......llegality in the impugned Judgment dated 22-1-2007 to call for any interference by this Court exer­cising revisional power. In the result the revision fails and the Rule is discharged without any Order as to cost. Sent down the LCR at once. Ed. This Case is also Reported in: 64 DLR (HC..

Category: Procedural Law | Date: | Hits: 110

Mrs. Nadira Rahman Vs. Sayed Amir Hossain, 1983, 12 CLC (HCD)

....d orders were passed and she is to continue as Mutwalli till she resigns or is removed in accordance with law. No order as to cost. Ed. This Case is also Reported in:35 DLR (HCD) (1983) 277. ...... rule is made ab­solute. Cases Referred to- L.R.C. Vs. Duke of Westminster, 36 A.C. at page 1; Muhammad Swaleh and another Vs. Messers United Grain & Fodder Agen­cies, 16 DLR (SC) 155. Lawyers Involved: Abdur Rahman Biswas with Sk. Atiar Rahman - For the Petitioner.  Habibu......trator of Wakfs. After the decision of the Administrator removing the Mutwalli, an appeal was preferred before the District Judge which was also dismissed. As against that, a review application under Order 47, rule 1 of the Code of Civil Procedure was filed which however was dismissed for default. T..

Category: Trust/Waqf Law | Date: | Hits: 134

Nazmul Hossain (Md.) Vs. State, represented by the Deputy Commissioner, Patuakhali and others, 1992, 21 CLC (HCD)

....e People's Republic of Bangladesh and is directed against an order and Judgment dated 18‑8‑78 passed by the Sessions Judge, Patuakhali confirming the conviction and sentence passed by the Summary Martial Law Court in GR Case. No.375 of 1977 sentencing the accused to suffer rigorous imprisonment ......akhali and others .............Respondents Judgment August 10, 1992. Result: The Rule is made absolute. Cases Referred to- Anisminic Vs. Foreign Compensation, etc., 1969 All England Law Reports, 208; Arman Vs. Government of Ghana Ridge Vs. Baldwin & others, 1963 (2) All England......within the purported exercise of his jurisdiction. But, an act which is manifestly without jurisdiction, such as the property which not being an abandoned property within the meaning of President’s Order 16 of 1972 if declared to be so, or in case of judicial or quasi judicial act which is coram n..

Category: Criminal Law | Date: | Hits: 84

Rezaul Karim Vs. Rashida Begum and another, 1995, 24 CLC (HCD)

....87 pending in the Court of Thana Magistrate Keshabpur, District Jessore, passed at the time of issuance of the Rule is hereby vacated. Ed. This Case is also Reported in:48 DLR (HCD) (1996) 416. ......osite Parties Judgment December 12, 1995. Result: The Rule is discharged. Cases Referred to- 42 DLR 450; 47 DLR 18; 1971 SCMR 150; PLD 190 SC 197; PLD 1969 SC 187; 1971 SCMR 150. Lawyers Involved: Syed Ziaul Karim, Advocate ‑ For the Petitioner. Md. Abdur Rouf, Assistant......87 pending in the Court of Thana Magistrate Keshabpur, District Jessore, passed at the time of issuance of the Rule is hereby vacated. Ed. This Case is also Reported in:48 DLR (HCD) (1996) 416. ..

Category: Family Law | Date: | Hits: 133

Siddique (Md.) Vs. Yeakuti Begum and others, 1997, 26 CLC (HCD)

.... There will be no order as to costs. Let a copy of this order be sent to the learned Subordinate Judge, 2nd Court, Dhaka forthwith. Ed. This case is also Reported in:49 DLR (HCD) (1997) 402. ...... The appeal is allowed. Cases Referred to- Mool Chand Vs. Ganga Sahai, AIR 1933 All, 522; Ram Chandra Ramaji Khatik and others Vs. Shahadeo Gopala Koshli and others, AIR 1945, Nagpur, 185. Lawyers Involved: Faruque Ahmed, Advocate‑For the Appellant. No one‑For the Respondents. ...... directed against the Judgment and order dated 13‑8‑1992 passed by the learned Subordinate Judge, 2nd Court, Dhaka in Miscellaneous Case No.97 of 1991 dismissing the appellant's application under Order 9 Rule 13 of the Code of Civil Procedure. 2. Short facts relevant for the purpose of the ap..

Category: Procedural Law | Date: | Hits: 88

Wahidullah Majumder Vs. Government of Bangladesh and others, 1997, 26 CLC (HCD)

....d by way of VAT on the imported raw rubber to the petitioner. In the result the Rule is made absolute without any order as to cost. Ed. This case is also Reported in:49 DLR (HCD) (1997) 400. ......e Rule is made absolute. Cases Referred to- S A Harroon and others Vs. Collector of Customs,11 DLR (SC) 200; MA Hai Vs. Trading Corporation of Bangladesh, 40 DLR (AD) 206; 1949 AIR (PC) 297. Lawyers Involved: Mainul Hosein with Md. Humayun Kabir Bulbul, Advocates ‑ For the Petitioner. ......d by way of VAT on the imported raw rubber to the petitioner. In the result the Rule is made absolute without any order as to cost. Ed. This case is also Reported in:49 DLR (HCD) (1997) 400. ..

Category: Administrative Law | Date: | Hits: 192

Motleb Molla (Md.) Vs. Dost Mohammad and others, 1997, 26 CLC (HCD)

....gment. The petitioner is also directed to take all possible steps in that behalf. Send down the record to the trial Court at once. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 613. ...... Molla (Md.)……………………Petitioner Vs. Dost Mohammad and others………………………Opposite Parties Judgment March 20, 1997. Result: The Rule is made absolute. Lawyers Involved: Sultan Ahmed with Malik Syed Ahmed, Advocates ‑ For the Petitioners. Akram......after remand, the suit was decreed and execution was started and the plaintiff petitioner got possession by executing the decree. The defendants opposite parties thereafter filed an application under Order 9 rule 13 of the Code of Civil Procedure read with section 151 of the Code for setting aside t..

Category: Property Law | Date: | Hits: 77