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Dhaka Leather Complex Ltd. BCIC Vs. Sikder Construction Ltd. and another, 2003, 32 CLC (HCD)
....judgment making the award Rule of court. A decree was accordingly, signed and sealed on the basis of judgment. 5. Mr. Abdus Samad, the learned Senior Advocate for the appellant, submitted that the law barred the application of the plaintiffs as it was made long after the award was made on 15-10-1......(Civil Revisional Jurisdiction) Present: Md. Abdur Rashid J Siddiqur Rahman Miah J Dhaka Leather Complex Ltd. BCIC...........................Appellant Vs. Sikder Construction Ltd. and another.....................Opposite-Parties Judgment August 18, 2003. Result: The A......9, which made an award the Rule of court. 2. Short facts for disposal of the appeal are that, the respondent on 4-8-1999 made an application under section 14(2) of the Arbitration Act, 1940 for an order directing the umpire to file the award in court. Upon aforesaid application, the above suit wa..Category: Alternative Dispute Resolution | Date: | Hits: 190
Bangladesh Parjatan Corporation Vs. Md. Ali Hossain and another, 2012, 41 CLC (AD)
....January, 2009 passed by the High Court Division in Writ Petition No.3109 of 2006). Judgment Md. Abdul Wahhab Miah J.- Facts involved in these two appeals though not exactly same, the points of law involved being common, they have been heard together and are disposed of by this single judgment......Bhuiyan, 43 DLR (AD) 154; Workers of Bata Shoe Co. represented by Bata Mazdoor League (Regd), Lah Vs. Bata Shoe Co. Ltd. Batapur Lahore 23 DLR (SC), 60; Md. Motiar Rahman Vs. Government of Bangladesh and others being Writ Petition No.4540 of 2000; Secretary, Bangladesh Jute Mills Corporation Vs. SAH...... appeals) Abdur Rob Chowdhary, Senior Advocate, instructed by Zainul Abedin, Advocate-on-Record-For the Respondent (In both appeals) Civil Appeal Nos.242-243 of 2009. (From the judgment and order dated the 12th day of January, 2009 and the 15th day of January, 2009 passed by the High Court..Category: Employment/Service Law | Date: | Hits: 156
Delwar Hossain and others Vs. Janata Bank and others, 2003, 32 CLC (HCD)
....ng required by the court to supply the requisite stamp-paper within a time to be fixed by the court, fails to do so; (d) where the suit appears from the statement in the plaint to be barred by any law. 8. Clause (d) of rule 11 is relevant for our purpose. Rule 11(d) contemplates that a plaint ...... This Case is also Reported in: 55 DLR (HCD) (2003) 585. ......Appellants. Syed Mafizur Rahman, Advocate—For Respondent No.1. First Appeal No. 343 of 2002. Judgment AK Badrul Huq J.- It is wretchedness to observe that many unscrupulous litigants in order to steer clear of order, judgment and decree of courts adopt dubious ways and take recourse to..Category: Procedural Law | Date: | Hits: 84
Government of Bangladesh and others Vs. Abdul Quader Mollah and another, 2011, 40 CLC (AD)
..... The High Court Division upon hearing the parties directed the petitioners to provide them Division-1 status. 4. It is contended on behalf of the petitioners that the High Court Division erred in law in directing them to grant Division-1 status to the respondents in failing to consider that the ......M Khairul Haque CJ Md. Muzammel Hossain J Surendra Kumar Sinha J Md. Abdul Wahhab Miah J Nazniun Ara Sultana J Syed Mahmud Hossain J Muhammad Imman Ali J Government of Bangladesh and others ……………......Petitioners Vs. Abdul Quader Mollah and another …………......d- For Respondent No. 1. Civil Petition for Leave to Appeal No.569 of 2011. Judgment Surendra Kumar Sinha J. - Government of Bangladesh and its officers move this petition from judgment and order of the High Court Division in Writ Petition No.9199 of 2010 directing them to provide Division..Category: Criminal Law | Date: | Hits: 95
....t in dark as to the cause for issuance of the order of suspension. In view of the above, the High Court Division made the rule absolute and declared the order of suspension as has been issued without lawful authority and is of no legal effect.
4. We have perused the materials on record and heard ......ul Wahhab Miah J
Nazmun Ara Sultana J
Syed Mahmud Hossain J
Muhammad Imman Ali J
Bangladesh Livestock Research Institute…………........Petitioner
Vs.
Dr. Md. Jahangir Alam Khan and another………………. Respondents
Judgment
February 26, 2012.
Result:
The petit......ainst the judgment of the High Court Division in Writ Petition No.4371 of 2010 making the rule absolute.
2. Respondent No.1 moved the above writ petition in the High Court Division challenging the order of his suspension dated 7th December, 2009 on the ground that it was issued arbitrarily with u..
Category: Employment/Service Law | Date: | Hits: 251
Janata Bank Ltd. Vs. Gulneara Begum and others, 2009, 38 CLC (AD)
....ndent filed the writ petition challenging the issue of limitation and the High Court Division accepted the case of the judgment-debtor and made the Rule absolute, declaring the impugned order without lawful authority and of no legal effect observing that:- "The learned Advocate for the respondent...... (Civil) Present: Mohammad Fazlul Karim J Md. Jaynul Abedin J Shah Abu Nayeem Mominur Rahman J Janata Bank Ltd……………………………...Petitioner Vs. Gulneara Begum and others………………...Respondents Judgment April 20, 2009. Lawyers Involved: Sh...... Not Represented- For Respondent Nos.5-8. Civil Petition for Leave to Appeal No.2180 of 2008. Judgment Shah Abu Nayeem Mominur Rahman J. - This leave petition arises out of the judgment and order dated 12.08.2008 passed in Writ Petition No.6136 of 2007 by the High Court Division making the..Category: Limitation Law | Date: | Hits: 140
Ishaque Mia (Md.) & another Vs. Abdul Mazid Mollah & others, 1995, 24 CLC (HCD)
....e Court of the appeal below that the appointment of the plaintiff petitioner as permanent Nikah Registrar decree passed in Title Suit No.26 of 1977 has become infructuous is correct interpretation of law. But so long a decree remained unchallenged even if it is illegal that may create complications ...... others....................Opposite Parties Judgment July 31, 1995. Result: The Rule is discharged. Cases Referred to- Hemnalini Basu Vs. Md. Sabed Ali, 12 DLR 24; Rani Mumary Devi and others Vs. Siva Prosad Singh, 42 CLJ 280; Moulavi Abdul Mannan Vs. Md. Rafiqul Islam and others,......tioner has said that the Court may suo motu look into the question whether a decree has been obtained by fraud. Although this is true, the suit before the Court itself must be legally maintainable in order to examine the fraud. The instant suit filed by the plaintiff petitioner did not lie under sec..Category: Civil Law | Date: | Hits: 130
Sharon Laily Begum Jalil Vs. Abdul Jalil and others, 1995, 24 CLC (HCD)
.... until further order. The copies of the orders are annexed as Annexures‑B and E to this petition. It is further alleged that the detenu children have been illegally and deceitfully removed from the lawful custody of the petitioner mother. Furthermore, the petitioner is entitled to recover the cust......ourt High Court Division (Special Original Jurisdiction) Present: A M Mahmudur Rahman J Mahfuzur Rahman J Sharon Laily Begum Jalil...................Petitioner Vs. Abdul Jalil and others................Respondents Judgment August 30, 1995. Result: The Writ Petitio......copy of notice dated 10‑7‑95 of divorce dated 9‑7‑95 issued by the respondent No.1 in pursuance of section 7 of the Muslim Family Laws Ordinance, 1961. The petitioner and her father were then ordered to leave the house also. The petitioner came to learn that the children are neglected by the..Category: Family Law | Date: | Hits: 166
Abdur Razzaque @ Geda Vs. State, 1995, 24 CLC (HCD)
....uaium Chowdhury, the learned Advocate appearing for the accused‑appellant, has submitted, amongst others, that the order of conviction and sentence passed by the learned Judge is not sustainable in law inasmuch as the accused‑appellant has been seriously prejudiced in his defence as no charge wa......istant Attorney‑General ‑ For the State. Criminal Appeal No.2016 of 1991. Judgment Qazi Shariuddin J.- Accused Abdur Razzak @ Geda stood trial before the learned Assistant Sessions Judge and Special Tribunal Sylhet who found him guilty of the offence under section 395 of the Penal Code ...... of Taka 2,000.00 in default, to suffer RI for 4 months more. The learned Judge also found him guilty under section 397 of the Penal Code and sentenced him to suffer RI for 7 years. The learned Judge ordered that both the sentences would run concurrently in Special Powers Act Case No.777 of 1976 on ..Category: Criminal Law | Date: | Hits: 144
Md. Siraj alias Md. Sirajul Islam Vs. Ananda Furniture's, 2011, 40 CLC (AD)
....e framing of the suit showing Ananda Furniture as plaintiff and the defendant Md. Siraj as proprietor of Ananda Steel Tech Furniture Ltd. are absolutely misconceived and contrary to the provisions of law and as such the suit is not maintainable in law. 4. The Plaintiff filed written objection on ...... Sultana J Syed Mahmud Hossain J Muhammad Imman Ali J Mohammad Mamtaz Uddin Ahmed J Md. Shamsul Huda J Md. Siraj alias Md. Sirajul Islam………………........Petitioner Vs. Ananda Furniture's……………..........................Respondents Judgment November 17, 201......-on-Record-For the Respondent. Civil petition for leave to appeal No.1267 of 2010. Judgment Md. Mamtazuddin Ahmed J. - This petition for leave to appeal is directed against the judgment and order dated 21.01.2010 passed by the High Court Division in Civil Revision No. 1818 of 2009. 2. T..Category: Procedural Law | Date: | Hits: 133
Md. Nafaruddin Mollah Vs. Md. Serajuddin Khan & Others, 2007, 36 CLC (AD)
...., by his order dated 04.11.1989. The further case of the plaintiff is that he did not violate any of the terms and conditions of the lease deed of the permanent settlement and was competent under the law when he obtained the lease as he had not more than 2.30 acres of land. 4. The defendant Nos.1......epresented-For Respondent Nos. 2-7. Civil Petition for Leave to Appeal No. 355 of 2005. Judgment Mohammad Fazlul Karim J. - This Civil Petition for Leave to Appeal arose out of the judgment and decree dated 09.02.2005 passed by the High Court Division in Civil Revision No. 1621 of 1996 mak...... the suit for declaration of the cancellation of the plaintiff's permanent settlement dated 03.10.1984 in the suit property by the Additional Deputy Commissioner (Revenue), Naogaon and the subsequent order passed by the Additional Commissioner, Rajshahi Division, on 04.11.1984 affirming the said can..Category: Property Law | Date: | Hits: 116
Abdus Salam Vs. Md. Ustar and another, 1982, 11 CLC (HCD)
....nce this revision in this Court. Mr. B.K. Das, the learned Advocate, appearing on behalf of the pre-emptee petitioner has submitted that the Court of appeal below illegally and in violation of law as regards the procedure of deciding a case affirmed the decision of the trial Court. He has sub......preme Court High Court Division (Comilla Bench) (Civil Revisional Jurisdiction) Present: Sultan Hossain Khan J Abdus Salam………………………Petitioner Vs. Md. Ustar and another…………………………Opposite Parties Judgment November 16, 1982. ...... the Opposite Parties. Civil Revision No. 50 (C) of 1982. Judgment Sultan Hossain Khan J.- This rule under section 115(1) of the Code of Civil Procedure is directed against the Judgment and order passed by the learned Subordinate Judge, Sylhet affirming those of the learned Munsif, Moulvi ..Category: Property Law | Date: | Hits: 113
Nitai Ch. Shaha and another Vs. M/s. City Ice and Cold Storage Ltd. and others, 1982, 11 CLC (HCD)
....ith the said contract in any way. The plaintiff cannot therefore have any right of relief against those six persons. 12. Order 1 rule 3 of the Code of Civil Procedure is the relevant provisions of law to who may be joined as, defendant and it is provided therein that these persons, against whom t...... High Court Division (Civil Revisional Jurisdiction) Present: Ranadhir Sen J Amin-ur-Rahman Khan J Nitai Ch. Shaha ……………Petitioners (In Civil Revision No. 4 of 1981) Umananda Shaha ……………Petitioners (In Civil Revision No. 233 of 1981) Vs. M/s. City Ice an......Umananda Saha who figured as defendant No.1 respectively in the two suits brought by the plaintiff opposite party for specific performance of an alleged contract. The Rules are directed against the orders of the Subordinate Judge, 1st Court, Dacca by which the plaintiff opposite party's petitions ..Category: Civil Law | Date: | Hits: 132
Matira Bewa & others Vs. Sree Sudhir Chandra Saha & others, 1982, 11 CLC (HCD)
....sion. A contention raised by the defendant that the plaintiffs themselves being party to the transaction could not turn round and say that the kabulyat was null and void being in contravention of law was negatived by the learned Single Judge Thereafter the defendants have preferred this appeal. ...... High Court Division (Civil Appellate Jurisdiction) Present: Chowdhury ATM Masud J Md. Altaf Hosain J Matira Bewa & others…………………Appellants Vs. Sree Sudhir Chandra Saha & others…………………Respondents Judgment February 10, 1982. Result......ing become evacuees in the meantime, that the land which was sold by them should be returned to them under the provision of the Punjab Alienation of Land Act. The Deputy Custodian of Enemy Properties ordered for return of the land on certain conditions. On appeal, the Custodian of Evacuee Properties..Category: Property Law | Date: | Hits: 146
Ataur Rahman Vs. Election Commission & Others, 2010, 39 CLC (AD)
....ispute and after publication of the election result in the official gazette election dispute, if any shall have to be resolved by the election commission before the election tribunal set up under the law. 5. In the above facts and circumstances, we are of the view that the High Court Division hav......l No.1478 of 2010 Judgment Md. Muzammel Hossain J. - This Petition for Leave to Appeal under Article 103 of the Constitution of People's Republic of Bangladesh is directed against the judgment and order dated 08.06.2010 passed by a Division Bench of the High Court Division in Writ Petition No.......1478 of 2010 Judgment Md. Muzammel Hossain J. - This Petition for Leave to Appeal under Article 103 of the Constitution of People's Republic of Bangladesh is directed against the judgment and order dated 08.06.2010 passed by a Division Bench of the High Court Division in Writ Petition No.355..Category: Election Law | Date: | Hits: 296
Md. Anowarul Islam Vs. State, 2009, 38 CLC (AD)
.... decision and there is no illegality or infirmity in the above decision so as to call for any interference. The petition is dismissed. Ed. This Case is also Reported in: 20 BLT (AD) (2012) 82........ None represented-For Respondent. Criminal Petition for Leave to Appeal No.106 of 2008. Judgment Md. Tafazzul Islam J.- This petition for leave to appeal is directed against the judgment and order dated 15.1.2008 of the High Court Division passed in Criminal Rule 187(R) of 2007 giving d...... None represented-For Respondent. Criminal Petition for Leave to Appeal No.106 of 2008. Judgment Md. Tafazzul Islam J.- This petition for leave to appeal is directed against the judgment and order dated 15.1.2008 of the High Court Division passed in Criminal Rule 187(R) of 2007 giving direc..Category: Criminal Law | Date: | Hits: 146
Jan-E-Alam Vs. Rupali Bank Limited and others, 2009, 38 CLC (AD)
....under Order XXI rule 90 of the Code of Civil Procedure as Miscellaneous Judicial Case as per rule 774 (8) of the Civil Rules and Order and thus, the impugned order complained of is not sustainable in law. But the High Court Division found no other alternative but to send the case back on remand to t......on (Civil) Present: Mohammad Fazlul Karim J Md. Joynul Abedin J Shah Abu Nayeem Mominur Rahman J Jan-E-Alam………..................Petitioner Vs. Rupali Bank Limited and others..................Respondents Judgment March 9, 2009. Result: The petition is ......represented-For Respondent. Civil Petition for Leave to Appeal No.395 of 2008. Judgment Mohammad Fazlul Karim J.- This Petition for Leave to Appeal is directed against the judgment and order dated 30.01.2008 passed by the High Court Division in First Miscellaneous Appeal No.202 of 200..Category: Others | Date: | Hits: 140
Suratunnessa and others Vs. Nurjahab Bibi and others, 2011, 40 CLC (AD)
....earned Counsel. 8. Dr. Rafiqur Rahman, learned Senior Advocate appearing for the appellants has placed the leave granting order and submitted that the High Court Division has erred on facts and in law in not reversing the decision of the appellate Court and in not affirming the decision of the tr......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 Suratunnessa and others……………………………….....Appellants Vs. Nurjahab Bibi and others…......Respondent Nos.1-9. Not represented-Respondent Nos.10-27. Civil Appeal No.51 of 2004. Judgment Md. Mamtaz Uddin Ahmed J. - This Civil Appeal by Leave, is directed against the judgment and order dated 15.01.2003 passed by the High Court Division in Civil Revision No.887 of 1999 affirming ..Category: Property Law | Date: | Hits: 84
Mazharul Haque Vs. Bulk Management (Bangladesh) Ltd. and others, 1996, 25 CLC (HCD)
.... present petition for winding up. The present application is therefore not admitted. It is rejected without any order as to costs. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 453. ......eme Court High Court Division (Original Civil Jurisdiction) Present: Mainur Reza Chowdhury J Mazharul Haque.....................Petitioner Vs. Bulk Management (Bangladesh) Ltd. and others.................Respondents Judgment April 4, 1996. Result: The application i......e the claim that the petitioner is a contributory is not accepted. 20. In the case of Re Chesterfield Catering Co. Ltd. reported in (1976) All England Law Reports at page 294 it was held: “In order to establish his locus standi to petition for the winding‑up of a company, a fully paid shar..Category: Company Law | Date: | Hits: 185
Mahatab Hossain (Md) Vs. Upazila Nirbahi Officer and others, 2006, 35 CLC (HCD)
....-4-2004 communicated vide Memo No. স্থাসবি/উপ-১/প১/২০০০/৭৭(১)(৩) (Annexure L) dismissing the appeal should not be declared to have been made without any lawful authority and to be of no legal effect for having failed to conclude the proceeding drawn aga......reme Court High Court Division (Special Original Jurisdiction) Present: MM Hossain J Farid Ahmed J Mahatab Hossain (Md)…………….Petitioner Vs. Upazila Nirbahi Officer and others……………..Respondents Judgment May 4, 2006. Lawyers involved: Md. Mazi......ed Ali, Assistant Attorney-General—For the Respondents. Writ Petition No. 3510 of 2004. Judgment MM Hossain J.-This Rule was issued calling upon the respondents to show cause as to why the order of dismissal of the petitioner vide Memo dated 30-11-2003 (Annexure J) and the order dated 1-4..Category: Employment/Service Law | Date: | Hits: 180
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