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....Surendra Kumar Sinha J. - The petitioners who are writ-respondents seek leave to appeal in this Division from a judgment of the High Court Division in Writ Petition No.4558 of 2006.
2. Short facts relevant for the disposal of this petition are that the respondent No.1 instituted the above writ pe......eparation of the Paper book is dispensed with as prayed for.
The order of stay granted earlier be extended till disposal of the appeal.
Ed.
This Case is also Reported in: VIII ADC (2011) 645. ...... ADC (2011) 645. ......eparation of the Paper book is dispensed with as prayed for.
The order of stay granted earlier be extended till disposal of the appeal.
Ed.
This Case is also Reported in: VIII ADC (2011) 645. ..
Category: Employment/Service Law | Date: | Hits: 109
Md. Obaedur Rahman Vs. Md. Amirul Islam and others, 2011, 40 CLC (AD)
....llegations and ultimately a departmental proceeding was started against him and an enquiry committee was formed to investigate the allegations against him and after completion of investigation as per relevant service Rules the authority found this writ petitioner-respondent No.1 guilty of the charge......ntal proceeding shall stand and will be operative. With the above observation this civil petition for leave to appeal be disposed of. Ed. This Case is also Reported in: VIII ADC (2011) 642. ......hmed J Md. Shamsul Huda J Md. Obaedur Rahman, General Manger, Tangail Palli Bidyut Samity, Asekpur, Tangail…………………………………………Petitioner Vs. Md. Amirul Islam and others……………………Respondent Judgment June 19, 2011. Result: The civil p......ntal proceeding shall stand and will be operative. With the above observation this civil petition for leave to appeal be disposed of. Ed. This Case is also Reported in: VIII ADC (2011) 642. ..Category: Employment/Service Law | Date: | Hits: 53
Agrani Bank Limited Vs. M/S. Kalipada Saha & Brothers and others, 2011, 40 CLC (AD)
....of fact arrived at by the appellate Court, consequently, we find no merit in the leave petition. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 637.......of fact arrived at by the appellate Court, consequently, we find no merit in the leave petition. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 637.......n Ali J Muhammad Mamtaz Uddin Ahmed J Md. Shamsul Huda J Agrani Bank Limited………………………………………………….Petitioner Vs. M/S. Kalipada Saha & Brothers and others………………..Respondents Judgment June 22, 2011. Result: The petition i......loan, but the predecessors of the respondents did neither make any repayment nor adjusted the deficit of the previous loan amount. Kalipada Saha and Brojendra Kumar Saha executed the charge and other documents like balance confirmation D.R Note, letter of arrangement, pledgement sheet credit facil..Category: Civil Law | Date: | Hits: 55
Aminul Islam Vs. S. M. Habib alias Dulal and others, 2011, 40 CLC (AD)
....book is dispensed with as prayed for Parties arc directed to maintain status quo as regards the possession till disposal of the appeal. Ed. This Case is also Reported in: VIII ADC (2011) 631. ......e of this defendant is that Sarif Lokman Ahmed sold 13 decimals of land of plot No.4275 to the plaintiff in the year 1981 and at the time of execution and registration of that sale deed several stamp papers were purchased by the plaintiff on 19.08.1981 and one of those stamp papers remained unused a...... J Nazmun Ara Sultana J Syed Mahmud Hossain J Muhammad Imman Ali J Aminul Islam…………………………………………………….Petitioner Vs. S. M. Habib alias Dulal and others……………….Respondent Order March 27, 2011. Result: Leave is granted......book is dispensed with as prayed for Parties arc directed to maintain status quo as regards the possession till disposal of the appeal. Ed. This Case is also Reported in: VIII ADC (2011) 631. ..Category: Property Law | Date: | Hits: 51
Zeenat Textile Mills Ltd. Vs. Chairman, Third Labour Court, Dhaka and another, 1991, 20 CLC (HCD)
....d Labour Court, Dhaka in Complaint Case No.25 of 1984 to have been made without lawful authority and the same is of no legal effect. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 213. ...... and found one Mr. Azizul Islam, Office Assistant and some other outside persons present at the enquiry, and they on the arrival of respondent No.2 obtained signature of respondent No.2 on some blank papers by force and drove him out. He therefore, alleged that there was no enquiry in accordance wit......nal Jurisdiction) Present: Qazi Shafiuddin J Mainur Reza Chowdhury J Zeenat Textile Mills Ltd. Tongi, Gazipur .................Petitioner Vs. The Chairman, Third Labour Court, Dhaka and another...........................Respondents Judgment October 29, 1991. Result: The R......d Labour Court, Dhaka in Complaint Case No.25 of 1984 to have been made without lawful authority and the same is of no legal effect. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 213. ..Category: Labour and Industrial Law | Date: | Hits: 172
ASM Abdur Rob Vs. The State, 1991, 20 CLC (HCD)
.... the merits of the case as it should prejudice the accused at the trial. The Rule is thus discharged. Communicate the order at once. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 205.......prayer for bail. 2. Fact of the case is rather a checkered one and it need be stated in some details. In the General Election held in 1986 there arose some incident of assault, hijacking of ballot papers including the Presiding Officer and consequent murder which gave rise to the First Informatio...... For the State. Criminal Miscellaneous Case No. 376 of 1991. Judgment Anwarul Haque Chowdhury J.- This Rule arises out of an application under section 498 of the Code of Criminal Procedure and is directed against an order dated 31.3.1991 passed by the learned Sessions Judge, Lakshmipur, i...... the merits of the case as it should prejudice the accused at the trial. The Rule is thus discharged. Communicate the order at once. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 205...Category: Criminal Law | Date: | Hits: 85
Halima Bibi Vs. The Chairman & another, 1992, 21 CLC (HCD)
....f Pir Mohammed vide perpetual lease deed dated 20.1.1960 in respect to the property in question is hit by the provision of section 75A of Act, 1950 is wholly misconceived and contrary to law inasmuch relevant gazette notification under the provision of State Acquisition and Tenancy Act, 1950 was pub...... to 16th December, 1971 Syed Musaheb Ali neither abandoned the said property nor left the country, rather he was in peaceful possession therein. in support of her claim petitioner filed all necessary papers which included Annexures A to O to this petition before the Court of Settlement. 11. Befor......h, 27 DLR 170 & 30 DLR (AD) 101. Lawyers Involved: Habibul Islam Bhuiyan with MA Wahab Mia & Abul Hashem, Advocates ‑ For the Petitioner. Fakrul Islam, Assistant Attorney‑General and Dr. Delwar Hossain, AAG ‑ For the Respondent No.2. Writ Petition No.276 of 1987. Judgmen......annexed hereto and marked as Annexure D1 and E respectively. 6. The family of Syed Musaheb Ali is of Syed Musaheb Ali is bilingual and they migrated from Calcutta in 1947 9. Petitioner submitted documents and settled at Patharkhola, Patina. Later on he came and started living at Dhaka since 196..Category: Property Law | Date: | Hits: 64
Kudrat‑E‑Elahi Panir and others Vs. Bangladesh, 1991, 20 CLC (HCD)
....t it was not promulgated in compliance with the requirements of Article 93(2) of the Constitution. He had as such is void by operation of Article 7 of the Constitution. He had taken us through die relevant Articles and submitted that the concept of Upazila was not a new one. The local bodies we......tion No.2937 of 1991 filed an affidavit‑in‑reply to the affidavit‑in-opposition of the respondents and filed a photostat copy of the order issued by the Cabinet Division and some connected papers containing the desire of the Government that the Upazila Nirbahi Officers of the defunct Upa...... 4. Kudrat‑E‑Elahi Panir (In Writ Petition No. 3002 of 1991)…………………….Petitioners Vs. Bangladesh, through the Secretary, Ministry of Local Government, Rural Development and Co‑operative (Local Government Division), Government of Bangladesh, Bangladesh Secretariat, D......nterpretation of the Constitution, particularly, Articles 7(2), 8(2), 9 and 59 read with the first item of Article 152(1) thereof. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 179. ..Category: Constitutional Law | Date: | Hits: 461
Yunus Kha and others Vs. Abdul Momin and others, 2011, 40 CLC (AD)
....ation of materials on record do not call for interference. Accordingly the civil petition for leave to appeal is dismissed summarily. Ed. This Case is also Reported in: VIII ADC (2011) 613. ......testing defendants have filed this Civil Petition for Leave to Appeal before this Division. 8. We have perused the petition and the impugned judgment and order of the High Court Division and other papers on record. 9. Mr. Bivash Chandra Biswas, learned Advocate for the defendant-petitioners, s......in CJ Surendra Kumar Sinha J Md. Abdul Wahhab Miah J Nazmun Ara Sultana J Syed Mahmud Hossain J Muhammad Imman Ali J Mohammad Mamtaz Uddin Ahmed J Md. Shamsul Huda J Yunus Kha and others …………………………….............Petitioners Vs. Abdul Momin and other......Court and the appellate Court concurrently found that the plaintiffs were able to prove their title to 4.58 acres of land. Having considered Exhibits-Ka and Ka(1), the trial Court found that in those documents the name of the husband of Joynob Bibi was shown as Taleb Hossain although according to th..Category: Property Law | Date: | Hits: 73
Bangladesh Public Service Commission and another Vs. Maloti Rani Mondol, 2011, 40 CLC (AD)
....who appeared for the respondent. 8. Mr. Karunarnoy Chakma, the learned Deputy Attorney General has mainly argued that this petitioner was dismissed from service following all the procedures of the relevant law and that she was given all opportunities also to defend herself and there was no defect......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.......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 Secretariat and another …………………………......Petitioners Vs. Maloti Rani Mondol ………......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...Category: Administrative Law | Date: | Hits: 210
Md. Bande Ali Miah Vs. Chief Engineer, Housing and Settlement, 2011, 40 CLC (AD)
....Revision No.1606 of 2001 and obtained the Rule. A Single Bench of the High Court Division, on hearing the learned Advocate for the appellant-petitioner and considering the facts and circumstances and relevant laws, made the Rule absolute making observations to the effect that the suit land was admit......f release of the suit land could not be brought to the notice of the revisional court, but before this Appellate Division, by submitting an additional paper book, the petitioners have filed necessary papers to show that the Ministry of Land has released this 30 decimals of land belonging to the plai...... Present: Surendra Kumar Sinha J Md. Abdul Wahhab Miah J Nazmun Ara Sultana J Syed Mahmud Hossain J Muhammad Imman Ali J Muhammad Mamtaj Uddin Ahmed J Md. Shamsul Huda J Md. Bande Ali Miah being dead his heirs: 1(a) Payesy Begum and others .........Petitioners Vs. The ......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
....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.
......hat the notification dated 2.4.2003 issued by the Ministry of Education has no manner of application for appointment of a Principal of degree college.
11. We have considered the petition and other papers on record. The High Court Division found that the definition of Teacher as contained in Regul......n 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………………………………………………….... Respondents
Judgment
M......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.
..
Category: Employment/Service Law | Date: | Hits: 108
Md. Moktad Hossen Majumdar Vs. Md. Golam Mostafa Majumdar, 2011, 40 CLC (AD)
..... This civil petition for leave to appeal has got no merit. In the circumstances this civil petition for leave to appeal is dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 596. ......eing Pre-emption Case No.12 of 1998 in the Court of the Assistant Judge, Chouddagram, Comilla against the plaintiff and the plaintiff took the signatures of this defendant on some blank cartridge papers for filing written objection in that pre-emption case; that on 13.10.1998 the plaintiff execu......ossain Chowdhury, Advocate-on-Record-For the Petitioner. Chowdhury Md. Zahangir, Advocate-on-Record-For the Respondent. Civil Petition for Leave to Appeal No. 643 of 2009. (From the judgment and decree dated 30.11.2008 passed by the High Court Division in Civil Revision No.1047 of 2007.) ...... defendant, however, has pleaded a case to the effect that the plaintiff obtained these signatures on some blank stamp papers and cartridge papers during execution and registration of two other documents namely a kabala deed and a deed of exchange by him in favour of the plaintiff on 13.10.200..Category: Property Law | Date: | Hits: 74
Pubali Bank Ltd. Vs. Sultana Oil Mills and Soap Factory and others, 1998, 17 CLC (HCD)
....ontract Act as aforesaid before bringing the suit, they also made an incorrect and deceitful statement in its legal notice about the selling of pledged goods which were not under their custody at the relevant time. P.W.1 Mr. Abdur Razzak has admitted in his deposition that those were lost and looted......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. ....... ......ther stock-in-trade. The defendant Nos.2 to 4, the partners of the defendant No.1 also executed collateral security. Defendant No.3 mortgaged his property as further security for the loan. The charge documents were executed on 27-5-1963. The defendants enjoyed the loan but they did not liquidate the..Category: Business or Commercial Law | Date: | Hits: 196
Khorshed (Md.) alias Khorshed Vs. State, 1999, 18 CLC (HCD)
....attempt on the part of the informant to save the accused by damaging the prosecution case by giving different version than what was given by him in the First Information Report. Here we may quote the relevant portion from the judgment of the reported case. It is as follows: “The very purpose of......oss he stated that P.W. did not say to him that Sufia told her in the hospital that Khorshed murdered her. His attention was also drawn to statements of two other P.Ws. He further stated that in some papers news item was published that Sufia was murdered by hijackers but in “Banglar Bani” a news...... the State. Criminal Appeal No.538 of 1995. Judgment Md. Hamidul Haque J.- This appeal at the instance of sole convict appellant Khorshed is directed against the judgment order of conviction and sentence passed by the learned Additional Sessions Judge, 5th Court, Dhaka in Sessions Case No.4......ppeal is dismissed. The judgment, order of conviction and sentence appealed against are confirmed. Send down the LC Records at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 317...Category: Criminal Law | Date: | Hits: 54
....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....... the Administrator and Cantonment and Juarshahara Union Parishad was taken away from his jurisdiction. Although he was appointed for the whole area but he was not supplied by the Government necessary papers including the Marriage Registrar on the plea that he was not appointed Nikah Registrar under ......rt Division
(Special Original Jurisdiction)
Present:
AM Mahmudur Rahman J
Md. Muzammel Hossain J
Raisuddin.....................Petitioner
Vs.
Secretary, Ministry of Law, Justice and Parliamentary Affairs and others ………………..Respondents
Judgment
January 13, 199......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...
Category: Civil Law | Date: | Hits: 83
Nurjahan Begum & others Vs. Jasimuddin Ahmed and others, 1998, 17 CLC (HCD)
....than one set of interrogatories to the same party without an order for that purpose: Provided also that interrogatories which do not relate to any matters in question in the suit shall be deemed irrelevant not that they might be admissible on the oral cross- examination of a witness.” “21.......ted earlier by this Co stands vacated. Communicate the order of this Court to the teamed Senior Assistant Judge, Thakurgaon at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 310.......HCD) (1999) 310.......d the plaintiffs have no right and possession therein. It was further alleged that the plaintiffs filed the present suit on false and frivolous allegations basing their claims on false and fabricated documents. 4. It appears that the defendant petitioners filed written statement in the suit on 5-..Category: Property Law | Date: | Hits: 108
Moqbul Hossain Bakul and others Vs. Mohammad Ali and others, 1998, 17 CLC (HCD)
....98 passed by learned Assistant Judge, Upazila Motlab, District Chandpur, decreeing Title Suit No.25 of 1987 against the contesting defendants Ito 4 and ex-parte against the rest. 2. The short fact relevant for the purpose of disposal of this Rule is that, the petitioners as plaintiffs instituted ......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. ......ower 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
.... CS Khatian which clearly show that the suit property is a rent-free debutter property belonging to Deity Lakshmi Gobinda Jew Bigraha and Suresh Chandra Roy was simply the Shebait of the deity at the relevant time, it is manifestly evident that the suit property belongs to the plaintiff Deity as a d......at he did not file any objection the Enemy property office or Abandoned property office in connection with the suit property. He stated that Naib of Harirobi Tahsil office took his signatures on some papers on the plea that he would get the debutter property released from the list of the enemy prope......
(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:
The Rule is ......intiff has no right, title, interest and possession therein.
5. At the trial, the plaintiff examined five witnesses and the contesting defendants examined three witnesses and exhibited a series of documents in support of their respective cases.
6. The learned Subordinate Judge by his impugned ..
Category: Property Law | Date: | Hits: 102
Hosna Jahan (Munna) Vs. Md. Shajahan (Shaju) and others, 1998, 17 CLC (HCD)
.... well as by examining D.W. At the time of filing of the plaint, the plaintiff filed an attested photo copy of the kabinnama and prior to the recording of deposition did file through a firisti all the relevant documents and papers mentioned in the plaint and that only for the failure of the plaintiff.......W. At the time of filing of the plaint, the plaintiff filed an attested photo copy of the kabinnama and prior to the recording of deposition did file through a firisti all the relevant documents and papers mentioned in the plaint and that only for the failure of the plaintiff to annex a schedule to...... in: 51 DLR (HCD) (1999) 295.......by examining D.W. At the time of filing of the plaint, the plaintiff filed an attested photo copy of the kabinnama and prior to the recording of deposition did file through a firisti all the relevant documents and papers mentioned in the plaint and that only for the failure of the plaintiff to annex..Category: Family Law | Date: | Hits: 166
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