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Tohfa Khatun and others Vs. Moulavi Mukhilisur Rahman and others, 1997, 26 CLC (HCD)
....otindra and from Kalitara and those statements being necessary for the purpose of determining the real question in controversy between the parties, the learned Subordinate Judge committed an error of law resulting in an error in the decision occasioning failure of justice in rejecting the applicatio......vacated. Ed. This Case is also Reported in: 49 DLR (HCD) (1997) 315. ......uddi, Advocates ‑ For the Petitioner. Md. Nawab Ali, Advocate ‑ For opposite Parties. Civil Revision No. 4584 of 1995. Judgment Syed Amirul Islam J.- This Rule is directed against the order dated 12‑8‑95 passed by the learned Subordinate Judge, 4th Court, Dhaka, in Title Suit No...Category: Procedural Law | Date: | Hits: 118
....g upon the respondents to show cause as to why Judgment and decision dated 4‑9‑95 passed by the respondent No.1 in Complaint Case No.19/1993 should not be declared to have been passed without any lawful authority and of no legal effect.
2. Learned Advocate for the petitioners after placing th......
Present:
Kazi Ebadul Hoque J
AK Badrul Huq J
Adamjee Jute Mills Limited, represented by its Executive Director & another……Petitioners
Vs.
Chairman, Third Labour Court, Dhaka and another………………………………….Respondents
Judgment
March 10, 1997.
Res......RO Case No, 43 of 1989 and Complaint Case No.19 of 1993 has been disposed of dismissing the IRO case and allowing the Complaint Case under misconception of law that during pendency of the IRO Case no order of termination or dismissal could be passed against a worker as provided under section 47 of t..
Category: Labour and Industrial Law | Date: | Hits: 156
Ferdousy Begum (Doli) Vs. Mahela Khatoon and others, 1996, 25 CLC (HCD)
....or the aforesaid reasons we do not find any substance in this petition. The result is; we reject the petition in limine. No costs. Ed. This case is also Reported in: 49 DLR (HCD) (1997) 313. ...... High Court Division (Special Revisional Jurisdiction) Present: AM Mahmudur Rahman J Nurul Islam J Ferdousy Begum (Doli)………………………Petitioner Vs. Mahela Khatoon and others……………………………Opposite Parties Judgment December 10, 1996. Res......J.- By this application under Order 39 rule 1 read with section 151 CPC the petitioner seeks issuance of Rule calling upon the opposite party to show cause as to why she shall not be restrained by an order of temporary injunction from evicting the petitioner from the suit house fill filing of the re..Category: Civil Law | Date: | Hits: 121
Dilruba Aktar Vs. AHM Mohsin, 2003, 32 CLC (HCD)
....s Court in exercise of appellate power mandated in section 423 of The Code of Criminal Procedure (for short the Code) can hear and dispose of a Criminal Appeal on merit even in the absence of learned lawyers of parties and, as such, we, in the exercise of our appellate authority, heard the appeal in...... San Win, ILR 10 Rang 312=AIR 1932 Rang 146=33 Cri LJ 701. Queen-Empress Vs. Prag Dat, (1898) ILR 20 All 459; Queen-Empress Vs. Bibhuti Bhusan, (1890) ILR 17 Cal 485; Deputy Legal Remembrancer. Bihar and Orissa Vs. Matukdhari Singh, 20 Cal WN 128=AIR 1917 Cal 687=17 Cri LJ 9; In re Sinnu Goundan, IL......ll observed: "There is, in their opinion, no foundation for the view, apparently supported by the judgments of some Courts in India, that thee High Court has no power or jurisdiction to reverse an order of acquittal on a matter of fact, except in cases in which the lower Court has "obstinately bl..Category: Family Law | Date: | Hits: 165
State Vs. Md. Mobarak Ahmed Chowdhury, 2007, 36 CLC (AD)
....holding trial convicted and sentenced the condemned prisoner for the offence committed under Section 302 of the Penal Code. 3. The condemned prisoner was defended in this case by the State defence lawyer Md. Habibur Rahman. The defence of the condemned prisoner is that he was insane or to say uns......the Respondent. Criminal Petition for Leave to Appeal No.245 of 2005. Judgment Mohammad Fazlul Karim J.- Delay is condoned. The petition for Leave to Appeal is directed against the judgment and order dated 23.02.2005 passed by the High Court Division in Death Reference No.12 of 2002 heard ......Respondent. Criminal Petition for Leave to Appeal No.245 of 2005. Judgment Mohammad Fazlul Karim J.- Delay is condoned. The petition for Leave to Appeal is directed against the judgment and order dated 23.02.2005 passed by the High Court Division in Death Reference No.12 of 2002 heard alon..Category: Criminal Law | Date: | Hits: 79
Alhaj Abdul Awal Ratan and another Vs. Abdul Mannan Mia and others, 2008, 37 CLC (AD)
....-emption is liable to be dismissed. 4. Mr. Abdus Salam Khan, learned Counsel, appearing for the petitioners submitted that the lower appellate Court as the last Court of fact committed no error of law in passing its judgment and rightly rejected the pre-emption case reversing and setting aside th......ate Division (Civil) Present: Mohammad Fazlul Karim J MM Ruhul Amin J Md. Tafazzul Islam J Md. Joynul Abedin J Md. Hassan Ameen J Md. Abdul Matin J Alhaj Abdul Awal Ratan and another……………….....Petitioners Vs. Abdul Mannan Mia and others….................... represented- For Respondent Nos. 2-27. Civil Petition for Leave to Appeal No. 1779 of 2007. Judgment Mohammad Fazlul Karim J.- This petitioners seek leave to appeal against the judgment and order dated 19.08.2007 passed by the High Court Division in Civil Revision No.449 of 2006 making the..Category: Property Law | Date: | Hits: 88
M. M. Mahboob and others Vs. Sk. Abdur Rashid and others, 2004, 33 CLC (AD)
.... have arisen from the judgment and order dated 13.7.2000 passed by the High Court Division in the aforesaid writ petition making the Rule absolute. Since both the appeals involve a common question of law upon similar facts between the common parties have been heard together and this common judgment ......se is also Reported in: 20 BLT (AD) (2012) 266. ......en filed by the Government of the People's Republic of Bangladesh represented by the Secretary, Ministry of Establishment and three others. Both the appeals by leave have arisen from the judgment and order dated 13.7.2000 passed by the High Court Division in the aforesaid writ petition making the Ru..Category: Employment/Service Law | Date: | Hits: 149
....e present case the Inquiry Committee, while submitting their report, recommended for inflicting major penalty on the respondent which caused prejudice to the respondent, which can not be sustained in law………………………………………..(6)
Case Referred to-
Chairman, Bangladesh ...... Court Division Judgement here.
Supreme Court
Appellate Division
(Civil)
Present:
Mohammad Fazlul Karim J
Md. Tafazzul Islam J
Md. Joynul Abedin J
Board of Intermediate and Secondary Education, Comilla and others.......Petitioners
Vs.
Md. Shafiqul Islam………â......bsp;Advocate-on-Record- For Respondent.
Civil Petition for Leave to Appeal No.964 of 2006.
Order
Md. Tafazzul Islam J.- This petition for leave to appeal is directed against the judgment and order dated 16.5.2006 of the High Court Division passed in Writ Petition No.3519 of 1997 making abso..
Category: Labour and Industrial Law | Date: | Hits: 832
M. Tofazzal Ahmed Vs. Jashim Uddm Hayder Faruque, 2007, 36 CLC (AD)
....by the petitioner. 4. Mr. Abdul Momen Chowdhury, learned Advocate, appearing for the petitioner submitted that the impugned judgment and order of the High Court Division is wrong, improper, bad in law and without considering the real facts and circumstances made the Rule absolute. The learned Adv......ab Hossain, Advocate-on-Record-For Respondent. Civil Petition for Leave to Appeal No.550 of 2006 Judgment Mohammad Fazlul Karim J. - The petitioner seeks Leave to Appeal against the judgment and order dated 30.08.2005 passed by the High Court Division in Civil Revision No.51 of 2004 making ......ossain, Advocate-on-Record-For Respondent. Civil Petition for Leave to Appeal No.550 of 2006 Judgment Mohammad Fazlul Karim J. - The petitioner seeks Leave to Appeal against the judgment and order dated 30.08.2005 passed by the High Court Division in Civil Revision No.51 of 2004 making the ..Category: Trust/Waqf Law | Date: | Hits: 117
Kabiruddin Ahmed Vs. Akmal Hossain and others, 1995, 24 CLC (HCD)
....ons made in the petition and asserting that he repaid the loan with interest accrued thereon and he was not a defaulter as alleged and contended further that election petition was not maintainable in law as the same was not filed within the time prescribed for by the Union Parishads (Election) Rules......DLR (HCD) (1996) 245.......al Government (Union Parishads) Ordinance, 1983 in the repayment of loan taken by him and observing that the election petition was filed within time, allowed the election petition by his Judgment and order dated 31‑1‑93 declaring the election as a whole void. 6. Against the aforesaid Judgment..Category: Election Law | Date: | Hits: 301
....laintiff and could not be made a Rule of the Court. The defendant filed an application under Order 7 rule 11 of the Code of Civil Procedure for rejecting the plaint on the ground that it is barred by law and consequently not maintainable and the learned Subordinate Judge under the order dated 30‑1......cate ‑ For the Respondent.
Appeal from the Original Decree No.296 of 1994.
Judgment
Md. Abdul Karim J.- The first appeal of the instance of the plaintiff is directed against the Judgment and decree dated 30‑11‑92 passed by the learned Subordinate Judge, 1st Court, Dhaka, in Title su......‘overs at Mohakhali and Banani and the tender of the defendant, namely, M/s. Concord Engineers and Construction Ltd. for Taka 78,98,30,210.00 being the lowest was accepted by the government, and work order to this effect was also issued on 15‑9‑90. Ultimately, the government by letter 28‑2‑9..
Category: Alternative Dispute Resolution | Date: | Hits: 263
Sarada Bala Sen Vs. Sheikh (Md.) & others,1995, 24 CLC (HCD)
....isputed that the defendant-appellant has obtained a decree in the SCC suit for eviction of the defendants and for compensation and the same has been upheld by the highest Court of the country but the law did not permit the SCC Judge to conclusively decide the question of title of the parties in the ......Sen............Appellant Vs. Sheikh (Md.) & others............Respondent Judgment April 20, 1995. Result: The appeal is dismissed. Cases Referred to- Firm Ishardes Devi Chand and another Vs. RB Prokash Chand and another, AIR 1969 (SC) 938; Abdul Hamid Khan and others Vs.......nt. First Miscellaneous Appeal No. 51 of 1995. Judgment Md. Ansar Ali J.- This First Miscellaneous Appeal at the instance of the defendant No.2 appellant is directed against the Judgment and order dated 19th February, 1995 passed by the learned Subordinate Judge, 1st Court and Commercial Co..Category: Civil Law | Date: | Hits: 130
Bazlu Talukder and 2 others Vs. State, 1995, 24 CLC (HCD)
....t of arrest issued against absconding‑convict Badal Talukder in connection with this Sessions Case stands withdrawn and cancelled. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 509. ...... is also Reported in: 48 DLR (HCD) (1996) 509. ......ped by the three appellants and another accused Badal Talukder. 2. Accuseds were placed on trial before the Special Tribunal Madaripur, in Special Tribunal Case No.13 of 1992. By the Judgment and order dated 26‑11‑92 learned Tribunal Judge convicted the three appellants and Badal Talukder un..Category: Procedural Law | Date: | Hits: 85
Nizamuddin Dhali (Md.) Vs. State, 1993, 22 CLC (HCD)
....ion is not warranted by the evidence on record so far as the allegation of misappropriation is concerned. 5. Point for determination in this appeal is whether the trial was held in accordance with law or whether the same is vitiated by lack of competence and not following the legal procedure as l......te. Criminal Appeal No.29 of 1987 (Barisal) Criminal Appeal No.943 of 1991(Dhaka). Judgment Badrul Islam Chowdhury J.- This Criminal Appeal is directed against the Judgment of conviction and sentence passed by Mr. Aktaruzzaman Bhuiya, Assistant Sessions Judge, Bhola in Special Case No.7......aul Karim, the learned Advocate appearing for the appellant and Mr. MA Rouf, Assistant Attorney‑General who opposes the appeal on behalf of the State. Mr. Ziaul Karim has assailed the trial Court's order of conviction and sentence on the ground that the trial was held by a Special Tribunal as it a..Category: Criminal Law | Date: | Hits: 95
Aminur Rashid Vs. Collector of Customs, Customs House, Chittagong and others, 1996, 25 CLC (HCD)
....refore, find no merit in the contention of the learned Advocate for the petitioner. In the result the Rule is discharged with cost. Ed. This Case is also Reported in:48 DLR (HCD) (1996) 503. ...... (Special Original Jurisdiction) Present: Kazi Ebadul Hoque J Amirul Kabir Chowdhury J Aminur Rashid.................Petitioner Vs. Collector of Customs, Customs House, Chittagong and others.............Respondents Judgment  June 20, 1996. Result: The Rule is discha......the Petitioner. Zakir Ahmed & Syed Mokaddas Ali, Assistant Attorney‑General ‑ For the Respondent Nos.4 & 5. Writ Petition No.1273 of 1993. Judgment Kazi Ebadul Hoque J.- In this Rule order dated 28‑7‑1993 passed by the respondent No.2, Appraiser, Customs House, Chittagong direct..Category: Fiscal/Taxation Law | Date: | Hits: 204
Janata Bank Vs. Saiful Islam, 2006, 35 CLC (HCD)
....sated for by costs or other terms to be imposed by the order. It is submitted that the following observations of Batchelor, J. in the case of Kishandas Vs. Vithoba (1909) 33 Bom 644, lay down correct law. 21. All amendments ought to be allowed which satisfy the two conditions (a) of not working i......ner Vs. Saiful Islam……………………………Respondent-Opposite Party Judgment March 12, 2006. Result: The application for amendment is allowed. Case Referred to- Kishandas Vs. Vithoba, (1909) 33 Bom 644. Lawyers Involved: J. K. Paul - For the Appellant. Md.......posing the appeal as well as to harass the respondent and as such the amendment applicable is liable to be rejected with cost. 15. Now point for determination whether the amendment of plaint under order 6 Rule 17 of the Code of civil Procedure can be allowed. 16. Law relating to the amendment..Category: Civil Law | Date: | Hits: 117
Bangladesh Bank Vs. Md. Kasedul Haque Majumder, 2003, 32 CLC (HCD)
....o heed to the said demand, nor did it give any answer to any of the request the opposite party tabled. Because of the existence of an arbitration clause in the agreement, the opposite party through a lawyer, transmitted a notice dated 18.8.91 asking the petitioner to appoint an arbitrator, but to no...... (HC) 249; Anjuman I Ahmadiya Ashait-1 Islam Lahore Vs. Ghulam ahmed, DLR (Lah) 98; Intertrade Ltd. Vs. Trading Corporation of Pakistan Ltd., PLD 1976 Kar 496; Chief Engineer Pak PWD Karachi Vs. Sami and Co. and others, 22 DLR (DHAKA) 702; Scott Vs. Avery (1855) 5 HLC 811; Md. Akbar Vs. Md. Aslam, 2...... No.6159 of 2001. Judgment AHM Shamsuddin Choudhury J.- The Application under section 115(1) of the Code of Civil Procedure, which yielded the present rule, issued on 17.11.2001, sprang from an order dated 18.10.2001 passed by the learned 3rd Court of Subordinate Judge, Dhaka, allowing the Arb..Category: Alternative Dispute Resolution | Date: | Hits: 218
Md. Aminul Haque Helal Vs. Mr. Justice Sultan Hossain Khan and others, 2006, 35 CLC (HCD)
....s rule was issued calling upon the respondents to show cause as to why the holding of the office of the Chairman "Durnity Daman Commission" by the respondent No.1 should not be declared to be without lawful authority and of no legal effect and or pass such other or further order or orders as to this......n (Special Original Jurisdiction) Present: Md. Abdul Matin J ATM Fazle Kabir J Md. Aminul Haque Helal…………………………Petitioner Vs. Mr. Justice Sultan Hossain Khan and others…………………………Respondents Judgment March 06, 2006. Result: The...... holding of the office of the Chairman "Durnity Daman Commission" by the respondent No.1 should not be declared to be without lawful authority and of no legal effect and or pass such other or further order or orders as to this Court may seem fit and proper. 2. The case of the petitioner, in short..Category: Constitutional Law | Date: | Hits: 228
Md. Abdul Khaleque Vs. Uttara Bank Limited and others, 2011, 40 CLC (AD)
.... notice that the petitioner is maintaining his day to day life by way of private tuition and as such, he is not in a position to pay the Court Fees and thereby, High Court Division committed error of law in affirming the order of the trial court. The learned Advocate further submitted that the Hi......Syed Mahmud Hossain J Muhammad Imman Ali Mohammad Mamtaz Uddin Ahmed J Md. Shamsul Huda J Md. Abdul Khaleque……………………………......Petitioner Vs. Uttara Bank Limited and others..............Respondents Judgment October 20, 2011. Result: The leave petitio...... Not represented-For Respondent. Civil Petition for Leave to Appeal No.683 of 2009. Judgment Md. Mamtazuddin Ahmed J. - This petition for leave to appeal is directed against the judgment and order dated 16.10.2008 passed by the High Court Division in Civil Revision No.5118 of 2006. 2. Th..Category: Civil Law | Date: | Hits: 118
Md. Warish Uddin Chowdhury Vs. Bangladesh and others, 2008, 37 CLC (AD)
....ugned letter and hence the petitioner was deprived of any effective opportunity of defending his interest. The petitioner upon being informed of the cancellation by the impugned letter, contacted his lawyers and served a demand of justice notice on the respondents on 10.03.2000 demanding the cancell...... Appellate Division (Civil) Present: Mohammad Fazlul Karim J Md. Joynul Abedin J Md. Hassan Ameen J Md. Warish Uddin Chowdhury................Writ-Petitioner Vs. Bangladesh and others………………..............Respondents Judgment May 25, 2008. Result: Th...... None represented-For the Respondents. Civil Petition for Leave to Appeal No.1499 of 2006. Judgment Mohammad Fazlul Karim J. - This petitioner seeks leave to appeal against the judgment and order dated 16.02.2006 passed by the High Court Division passed in Writ Petition No. 1319 of 2000 di..Category: Others | Date: | Hits: 127
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