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Government of Bangladesh and others Vs. Bikash Ranjan Talukder and others, 2011, 40 CLC (AD)
....etitions in the High Court Division challenging the order under memo dated 26th May, 2008 cancelÂing their Monthly Pay Order (MPO) of the Ministry of Education, Government of Bangladesh. 3. Facts relevant for the disposal of these petitions are that the writ petitioners are employees of differen......3661 of 2009 be stayed till disposal of the appeal. The appellants are directed to submit the concise statements by 24th April, 20.11. Ed. This Case is also Reported in: VIII ADC (2011) 471. ......eported in: VIII ADC (2011) 471. ......give any satisfactory reply, the impugned notificaÂtion have been issued. 7. We have perused the writ petitions, the affidavit-in-opposition, the impugned order of the Ministry and other relevant documents. We have also perused the judgment of the High Court Division. On consideration of the fac..Category: Employment/Service Law | Date: | Hits: 47
Most. Begum Rofika Vs. Mohammad Ali Sheikh others, 2009, 38 CLC (AD)
.... non consideration of eviÂdence or that the judgment of the High Court Division is materially perverse. The petition is dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 502. ......on the High Court Division, after hearing, discharged the Rule. 5. We have heard the learned counsel and perused the impugned judgment and order of the High Court Division and also other connected papers. 6. As it appears the High Court Division discharged the Rule holding that the lower appel......, Advocate-on-Record-For Respondent Nos.1 (a), 1(b), 1(g) & 14. Not represented-Respondent Nos. 1(c), 2-13, 15-16. Civil Petition for leave to Appeal No. 1431 of 2008. (From the judgment and order dated 9.4.2008 passed by the High Court Division in Civil Revision No.593 of 2007) Judg...... non consideration of eviÂdence or that the judgment of the High Court Division is materially perverse. The petition is dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 502. ..Category: Property Law | Date: | Hits: 64
Md. Kabir Hossain and others Vs. Abdur Razzak Mallik and others, 2010, 39 CLC (AD)
.... Sinha J. - By this petition, the petitionÂers challenged the judgment and order dated 7th May, 2009 of a Single Bench of the High Court Division in Civil Revision No.3631 of 1994. 2. Short facts relevant for the disposal of this petition are that the Hossain Ali, Kanchan Bibi, Hason Bibi, Asia ......ivision on the point of limitaÂtion. In view of the above, we find no merit in this petition. The petition is accordingly dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 486. ......pellate Division (Civil) Present: Mohammad Fazlul Karim CJ Shah Ahu Nayeem Mominur Rahman J ABM Khairul Haque J Md. Muzammel Hossain J Surendra Kumar Sinha J Md. Kabir Hossain and others………………………………Petitioners Vs. Abdur Razzak Mallik and othersâ€......ivision on the point of limitaÂtion. In view of the above, we find no merit in this petition. The petition is accordingly dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 486. ..Category: Property Law | Date: | Hits: 62
Tuglak Khan Vs. Md. Sultan Nasiruddin, 1991, 20 CLC (HCD)
....ces of the case, the parties are directed to bear their respective costs. The stay order granted by this Court earlier is vacated. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 615. ......ces of the case, the parties are directed to bear their respective costs. The stay order granted by this Court earlier is vacated. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 615. ......r Rahman, with Serajur Rahman, Advocates ‑ For the Opposite Party. Civil Revision No.2183 of 1990. Judgment Naimuddin Ahmed J.- This revisional application is directed against the judgment and decree passed by the Subordinate Judge, 4th Court Dhaka on 6.8.1990 in Title Appeal No.319 of 19......Hiba‑Bil‑Ewaz scribbled in his absence and without allowing him to know its contents quickly got it executed and registered by him. As such, he instituted the suit praying for cancellation of the documents. 4. The defendant entered appearance and contested the suit by filing a written stateme..Category: Property Law | Date: | Hits: 87
Abul Ahsan Joardar Vs. Kazi Misbahul Alam, 1992, 21 CLC (HCD)
....e order of stay granted by this Court is vacated. Let a copy of this judgment and order be transmitted to the Court below at once. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 606. ...... petition as Annexures C and D addressed a letter to accused No.1 the Managing Director, Froglegs Export Ltd. Khulna requesting him to issue and publish a corrigendum to the prospectus in all the newspapers concerned to remove the defects in the prospectus and further raised objection to the appoint......¦Petitioner Vs. Kazi Misbahul Alam……………………Opposite Party Judgment November 30, 1992. Result: The Rule is made absolute. Cases Referred to- Haji Azizur Rahman and others Vs. Syeedul Haque Chowdhury, 38 DLR 4; Ansaruddin Molla Vs. Hamed Molla and others, 18 DL......ntion to section 241A Cr.P.C. which runs as follows: "241A. When the accused appears or is brought before the Magistrate and if the Magistrate, upon consideration of the record of the case and the documents submitted therewith and making such examination, if any, of the accused as the Magistrate ..Category: Criminal Law | Date: | Hits: 98
Mahfuzur Rahman Vs. Bangladesh Forest Industries Development Corporation (BFIDC), 1992, 21 CLC (HCD)
....legal and without lawful authority and to be of no legal effect. In the result, the Rule is made absolute with no order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 598.......s Annexure B. It is claimed by the petitioner that without serving any notice on the petitioner the Enquiry Officer called the petitioner verbally and asked him a few questions and to sign on certain papers and he put his signature on good faith. He also claims that no witness from the prosecution o......emo No. HO/P‑13/79/687 dated 5.6.86 (Annexure 'H') upholding the office order No.850 (Annexure E) issued by the Chairman, BFIDC should not be declared to have been made without any lawful authority and to be of no legal effect. 2. The facts for the disposal of the Rule are as follows: 3. The......legal and without lawful authority and to be of no legal effect. In the result, the Rule is made absolute with no order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 598...Category: Employment/Service Law | Date: | Hits: 177
Aftabur Rahman Vs. State, 1993, 22 CLC (HCD)
....Additional Sessions Judge by order dated 21.6.93 was pleased to enlarge the accused petitioner on bail. 5. In order to frustrate the order of bail, the police in a mala fide manner suppressing all relevant facts filed an application on 21.6.93 in the afternoon before the Chief Metropolitan Magist......asons aforesaid the Rule is made absolute and the order dated 22.6.93 and subsequent orders including the impugned order are set aside. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 593.......Khondakar Moshtaque Ahmed Vs. Bangladesh, 34 DLR (AD) 222; Mohd. Raft Vs. State, (1969) Pakistan Criminal Law Journal 873; Jahangir Lai Vs. Emperor, 1935 AIR Lahore 230; Naeemullah Vs. SSP Faisalabad and others, 1992 Pakistan Criminal Law Journal 985; Tofazzal Hossain Sheikh Vs. Mir Md. Akand and ot......asons aforesaid the Rule is made absolute and the order dated 22.6.93 and subsequent orders including the impugned order are set aside. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 593...Category: Criminal Law | Date: | Hits: 87
Shamsuddin Vs. The State, 1990, 19 CLC (HCD)
....d prosecution for the commission of murder of his wife and this conduct of the appellant also led us to believe that he has committed the murder of deceased Rozina Khatun and his conduct is very much relevant in deciding this case. 15. Thus, after consideration of the materials on record and afte......nd sentence passed against this appellant by the trial Court is hereby affirmed. Let the lower court records be sent down at once. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 587. ......Vs. The State……………………Opposite Party Judgment December 10, 1992. Result: The appeal is dismissed. Cases Referred to- State Vs. Kalu Bepari, 43 DLR 249; Rezaul Haq and others Vs. State, 42 DLR 440. Lawyers Involved: Mansur Habib, Advocate ‑ For the Appella......nd sentence passed against this appellant by the trial Court is hereby affirmed. Let the lower court records be sent down at once. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 587. ..Category: Criminal Law | Date: | Hits: 66
Mst. Momtaz Begum Vs. Anowar Hossain, 2011, 40 CLC (AD)
.... person to another, the opinion expressed by conduct as to the existence of such relationship of any person, who as a member of family or otherwise, has special means of knowledge on the subject is a relevant fact". Illustration (a) to section 50 says; “the question is, whether A and B were marrie...... find merit in contention of Dr. Rabia Bhuiyan. The appeal is, therefore, allowed with costs of Tk.10,000/-. Ed. This Case is also Reported in: VII ADC (2011) 855; 17 MLR (AD) (2012) 201. ......a Shwe Baw (1929) 7 Rang 777, 121 I.C. 718, Gagu Bibi V. Mesal Shaikh (1936) 63 cal 415, 164 I.C. 957, Shahzada Begum V. Abdul Hamid (1950) Lah 773, Khorshed Alam @ Shah Alam V. Amir Sultan Ali Hyder and another, 38 DLR (AD) 133, Debendra Mohan Rai V. Sona Kunwar, (1904) 36 Allahbad 295, Abdool Raza...... find merit in contention of Dr. Rabia Bhuiyan. The appeal is, therefore, allowed with costs of Tk.10,000/-. Ed. This Case is also Reported in: VII ADC (2011) 855; 17 MLR (AD) (2012) 201. ..Category: Family Law | Date: | Hits: 318
....ssion and a common seal. With power, subject to the provisions of this Ordinance and the rules, to acquire and hold property both movable and immovable, and shall by its name sue and be sued."
The relevant provisions of section 5 of the said Ordinance 1983 are as follows:
"5. Composition of Un......s of the said Union Parishad in the last week of January, 1992.
On the grounds stated above the application is summarily rejected.
Ed.
This Case is also Reported in: 45 DLR (HCD) (1993) 581.
......e Hussain Mohammad Habibur Rahman J
Abdul Hasib J
SM Abdur Rob…………………Petitioner
Vs.
Bangladesh, represented by the Secretary, Ministry of Local Government, Rural Development and others..................Respondents
Judgment
December 19, 1991.
Result
The applicati......s of the said Union Parishad in the last week of January, 1992.
On the grounds stated above the application is summarily rejected.
Ed.
This Case is also Reported in: 45 DLR (HCD) (1993) 581.
..
Category: Election Law | Date: | Hits: 129
Abdul Jabbar Khan and others Vs. Sreela Sreejukteswar Radha Madhab Thakur Jiew, 1993, 22 CLC (HCD)
....tition within one month from the date of receipt of this judgment. In the result, the Rule is made absolute. No order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 577. ......tition within one month from the date of receipt of this judgment. In the result, the Rule is made absolute. No order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 577. ......s. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 577. ......s. The defendant‑petitioner appeared in the suit along with defendant 1 by filing separate vokalatnama. The petitioners on 23.2.89 filed an application under Order 11, rule 15 CPC for inspection of documents referred to in the plaint. Those documents alleged to have been in possession of the plain..Category: Property Law | Date: | Hits: 55
Gias Uddin Vs. State, 2002, 31 CLC (HCD)
....staying at her husband's house and she died there. Although the prosecution must prove the guilt of the accused beyond all reasonable doubt, nevertheless, after it has been shown that the wife at the relevant time of occurrence was at her husband's house and that she is subsequently found dead an ob...... 8. The learned Advocate for the appellant, Mr. MA Quddus, took us through the first information report, charge‑sheet, 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. He fur...... the Respondent‑State. Criminal Appeal No. 1790 of 1996. Judgment Tariqul Hakim J.- This Criminal Appeal, at the instance of accused‑appellant Giasuddin, is directed against the judgment and order, dated 19‑10‑1996, passed by the learned Additional Sessions Judge, First Court, Mymen......he learned Advocate for the appellant, Mr. MA Quddus, took us through the first information report, charge‑sheet, 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. He further su..Category: Criminal Law | Date: | Hits: 51
....‘10‑97 issued by respondent No.3 under the signature of respondent No.4 (Annexure‑B‑1) should not be declared to have been passed without lawful authority and is of no legal effect.
2. Facts relevant for the purpose of disposal of this Rule are that the petitioner opened LC No.SNT/1970122 d...... inordinate delay speaks a volume against the Customs authority.
In the result, the Rule is made absolute without any order as to costs.
Ed.
This Case is also Reported in: 55 DLR (2003) 322.
......on
(Special Original Jurisdiction)
Present:
Md. Joynul Abedin J
A Salam Mamun J
Reliance Auto Ltd…………...Petitioner
Vs.
Commissioner of Customs, Customs House, Chittagong and ors……….Respondents
Judgment
March 31, 2003.
Lawyers Involved:
Md. Aman Ullah,......voice, English translated copy of the original Registration Cancellation Certificate, LC appeared that the vehicle was manufactured in the year 1992, but on scrutiny of the Chassis Book and furnished documents simultaneously appeared that the vehicle was made in the year 1989/1990 or some time befor..
Category: Business or Commercial Law | Date: | Hits: 209
Munsur Fakir and others Vs. State, 2003, 32 CLC (HCD)
....appellant Mansur Fakir be set at liberty forthwith if he is not wanted in connection with any other case. Send down the records at once. Ed. This Case is also Reported in: 55 DLR (2003) 307. ...... the name of Mansur Fakir and others. 30. After the close of prosecution evidence the appellants were examined under section 342 of the Code. All of them pleaded not guilty and wanted to file some papers. But the learned Advocate for the appellants submitted that no paper was ultimately filed fro...... This Case is also Reported in: 55 DLR (2003) 307. ......appellant Mansur Fakir be set at liberty forthwith if he is not wanted in connection with any other case. Send down the records at once. Ed. This Case is also Reported in: 55 DLR (2003) 307. ..Category: Criminal Law | Date: | Hits: 60
Sarwari Begum Vs. Bangladesh, 1993, 22 CLC (HCD)
....tioner within 3 months from this date. Considering the nature of the case the parties are directed to bear their respective costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 571. ......hershah Housing Estate, Chittagong on 11.5.1974 as at Annexure E to the Writ Petition and various other correspondences between her and the Government as at Annexure G to G(7) respectively. All these papers show that since 16.12.71 till this date the petitioner was all along in Bangladesh and she ha......ohammad Gholam Rabbani J Sarwari Begum………………………Petitioner Vs. Bangladesh, represented by the Secretary, Ministry of Works, Government of the People's Republic of Bangladesh and others……..Respondents. Judgment March 28, 1993. Case Referred to- 43 DLR 139. ......ed to the authority under Article 15 of PO 16 of 1972 for releasing the said property in her favour. The prescribed authority, the Deputy Commissioner of Chittagong, held an enquiry, examined various documents and then found that the disputed house was not abandoned property and, accordingly, recomm..Category: Property Law | Date: | Hits: 75
Narendra Nath Biswas Vs. Sunil Kumar Biswas, 1993, 22 CLC (HCD)
....e execution and attestation of the will. We therefore find no merit in the appeal. In the result, the appeal is dismissed with cost. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 567.......ted sale deed dated 1.4.57 in favour of the plaintiff by putting thumb impression then the plaintiff might have fraudulently obtained thumb impressions of Parash Chandra Biswas in 2/3 blank cartridge papers without his knowledge in collusion with the deed writer at the time of execution of that kaba......t. Vs. Sunil Kumar Biswas………………Respondent Judgment August 1, 1993. Cases Referred to- 35 DLR (AD) 315; Smt. Jaswant Kaur Vs. Smi. Amril Kaur, AIR 1977 (SC) 74; Parash Chandra Bhowmik Vs. Hiralal, 36 DLR (AD) 156. Lawyers Involved: Abdur Rahim, Advocate ‑ For th......the said widow possessed the same with the help of defendant No.3 after death of her husband. 5. Plaintiff examined 8 witnesses whereas defendants examined 4 witnesses and produced and proved some documents in support of their respective case. Learned District Judge on consideration of the same h..Category: Property Law | Date: | Hits: 78
Hosne Ara Begum Vs. Government of the People's Republic of Bangladesh, 1993, 22 CLC (HCD)
....issioner did not take any step whatsoever for taking further steps in view of tile fact that it is not an enemy property which was accepted even by the Chief Martial Law Administrator's office at the relevant time. We may observe that the order from the office of the Chief Martial Law Administrator ......idence as to the damage and compensation as claimed by the plaintiff. The plaintiff examined one witness whereas the defendants examined two witnesses. The plaintiff also submitted some documents and papers which have been duly marked as exhibits in the suit. On the aforesaid pleadings of the partie...... Mozammel Hoque J Md. Abdul Karim J Hosne Ara Begum……………………Appellant Vs. Government of the People's Republic of Bangladesh represented by the Deputy Commissioner, Dhaka and Another……………………Respondents Judgment May 19, 1993. Case Referred to- ......there is no evidence as to the damage and compensation as claimed by the plaintiff. The plaintiff examined one witness whereas the defendants examined two witnesses. The plaintiff also submitted some documents and papers which have been duly marked as exhibits in the suit. On the aforesaid pleadings..Category: Property Law | Date: | Hits: 75
Dr. Malik Mehdi Kabir and others Vs. Rabit-Al-Alam-Al-Islami and others, 2010, 39 CLC (AD)
....ompensation which has resulted in the decision that the deposit has been made 'within a period of one year'. The High Court Division was totally confused as to the applicability of the law during the relevant time and this might be due to the fact that when the writ petitions were disposed of on 8th...... other appeal being Civil Appeal No.59 of 2006 is disposed of with the above observations. Ed. This Case is also Reported in: 16 MLR (AD) (2010) 273, 8 LG (AD) (2011) 177, VIII ADC (2011) 652. ......M Khairul Haque J Md. Muzammel Hossain J Surendra Kumar Sinha J Dr. Malik Mehdi Kabir...................................Appellant (In Civil Appeal No.59 of 2006) Md. Shahidullah Bhuiyan and others………….Appellants (In Civil Appeal No.60 of 2006) Vs. Rabit-Al-Alam-Al-Islami ...... other appeal being Civil Appeal No.59 of 2006 is disposed of with the above observations. Ed. This Case is also Reported in: 16 MLR (AD) (2010) 273, 8 LG (AD) (2011) 177, VIII ADC (2011) 652. ..Category: Property Law | Date: | Hits: 93
Md. Nurul Hoque Sarkar @ Nurul Huq Vs. State and others, 2009, 38 CLC (AD)
.... law and we find no illegality in the judgment and order passed by the High Court Division and accordingly the petition is dismissed. Ed. This Case is also Reported in: 16 MLR (AD) (2010) 430. ......ivision the petitioner has filed this petiÂtion for leave to appeal. 6. Heard the learned Counsel and perused the petition and the impugned judgment and order of the High Court Division and other papers on record. 7. It appears that the petition of comÂplaint disclosed prima facie case. The ......inal) Present: MM Ruhul Amin CJ Md. Tafazzul Islam J Md. Abdul Matin J Md. Abdul Aziz J Md. Nurul Hoque Sarkar @ Nurul Huq…………...................Petitioner Vs. State and others..................................................Respondents Judgment March 15, 200......oners were guarantors, The said imported cotton yarn was under the cusÂtody of accused No.17 (now the petitionÂers) at Benapole Ware House under the Chalna Port. The exporters sent all the shipping documents i.e. the Bill of Lading, Invoice etc. to the concerned branch of the complainant bank. The..Category: Criminal Law | Date: | Hits: 85
Momtaz Begum Vs. Md. Anwar Hossain, 2007, 36 CLC (AD)
....above, we find no subÂstances in the submissions of the learned advocate for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 16 MLR (AD) (2010) 427 ......above, we find no subÂstances in the submissions of the learned advocate for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 16 MLR (AD) (2010) 427 ......egum................................Accused-Petitioner Vs. Md. Anwar Hossain............................Respondent Judgment November 28, 2007. Cases Referred to- Ajit Kumar Pramanik and others Vs. Bakul Rani Pramanik and others, 46 DLR 169; Abul Bashar Howlder Vs. The State and ano......iberation war the accused petitioner had illicid connection with the member of Pakistan Army; that subsequently the accused-petitioner fled away with one Nanta with ornaments, hard cash, articles and documents and the opposite party filed C.R. Case No.24 of 1992 in the Court of Sadar Thana Magistrat..Category: Criminal Law | Date: | Hits: 165
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