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Md. Saidur Rahman Vs. Farid Uddin Mahmud and others, 2011, 40 CLC (AD)
....e Petitioner. Mahbubey Alam, Senior Advocate, instructed by Chowdhury Md. Zahangir, Advocate-on-Record- For the Respondents. Civil Review Petition No.13 of 2011. (Prom the judgment and order dated 10.6.2010 passed by the Appellate Division in Civil Petition for Leave to Appeal No.177 of 200......passed behind his back. Accordingly he moved this Division against the said order and this Division allowed the appeal by the impugned judgment. 3. From the order-sheet of the execution case, we noticed that the petitioner did not raise the jurisdiction or the authority of the presiding officer......he impugned judgment is a well reasoned one. We find no merit in this petition, which is accordingly dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 698...Category: Property Law | Date: | Hits: 81
Mosammat Manikjan Bibi Vs. Md. Jalil alias Abdul Jajil and others, 2011, 40 CLC (AD)
....itioner. Mrs. Mahmuda Begum, Advocate-on-Record-For Respondent No.1. Not represented-Respondent Nos. 2-25. Civil Petition for Leave to Appeal No. 645 of 2009. (From the judgment and order dated 21.01.2009 passed by the High Court Division in Civil Revision No.4555 of 2003). Judgment ......ased some land from Sayedunnessa and Obaidul Hoque by two registered deeds both dated 06.02.1991. Opposite-parties Nos.14 to 25 are co-sharers by purchase. Opposite-party No.3 without issuing any notice upon the pre-emptor sold the case land to pre-emptees for a consideration of Tk. 1,50,000/-......te, instructed by Nurul Islam Bhuiyan, Advocate-on-Record-For the Petitioner. Mrs. Mahmuda Begum, Advocate-on-Record-For Respondent No.1. Not represented-Respondent Nos. 2-25. Civil Petition for Leave to Appeal No. 645 of 2009. (From the judgment and order dated 21.01.2009 passed by the ..Category: Property Law | Date: | Hits: 58
Category: Property Law | Date: | Hits: 48
Government of Bangladesh and another Vs. Monwarul Alam and others, 2011, 40 CLC (AD)
....tructed by Md. Nawab Ali, Advocate-on-Record -For Respondent No. 1. Not represented-For Respondent Nos. 2-4. Civil Petition for Leave to Appeal No.1711 of 2010 (From the judgment and order dated the 2nd day of March, 2010 passed by the High Court Division in Civil Revision No.1737 of 1996......stant Judge, Additional Court No.3, Khulna against the present petitioners and pro-forma respondent Nos.3 and 4 for declaration that the initiation of V.P. Case No.9 of 1984 (KDA) and issuance of the notice dated 27.09.1984 directing them to surrender possession of the suit land were illegal, void a......-Record-For the Petitioners. Quamrul Haque Siddiqui, Advocate instructed by Md. Nawab Ali, Advocate-on-Record -For Respondent No. 1. Not represented-For Respondent Nos. 2-4. Civil Petition for Leave to Appeal No.1711 of 2010 (From the judgment and order dated the 2nd day of March, 2010..Category: Property Law | Date: | Hits: 54
Shaki Md. Shoaib and others Vs. Md. Kashem Ali Bhuiyan and others, 2011, 40 CLC (AD)
....ructed by A. K. M. Shahidul Huq, Advocate-on-Record-For the Petitioners. None represented-For the Respondents. Civil Petition for Leave to Appeal No.106 of 2010 (From the judgment and order dated the 19th day of July, 2009 passed by the High Court Division, in First Appeal No.278 of 2003).......f total consideration money to the defendant within 1(one) month, otherwise, the sale agreement would be treated as cancelled. The plaintiffs put a signboard in the suit property and also published a notice in the daily Dinkal dated 17.07.2000 inviting objections, if any, against the sale of the sui......ismissed. Lawyers Involved: SK. Awsafur Rahman, Advocate instructed by A. K. M. Shahidul Huq, Advocate-on-Record-For the Petitioners. None represented-For the Respondents. Civil Petition for Leave to Appeal No.106 of 2010 (From the judgment and order dated the 19th day of July, 2009 ..Category: Property Law | Date: | Hits: 72
Bangladesh Legal Aid and Services Trust Vs. Bangladesh and others, 2007, 36 CLC (HCD)
....tion under Article 102 of the Constitution a Rule Nisi has been issued calling upon the respondents to show cause as to why the impugned action of RAJUK publishing auction notice in the Daily Sangbad dated 22.4.1999 inviting tenders from purchasers for sale of commercial plot no. 38-A at Gulshan Sec......h Mahbub J.- In this application under Article 102 of the Constitution a Rule Nisi has been issued calling upon the respondents to show cause as to why the impugned action of RAJUK publishing auction notice in the Daily Sangbad dated 22.4.1999 inviting tenders from purchasers for sale of commercial ...... Bangladesh and others, 55 DLR 1, M.A. Taher Miah vs. Government of Bangladesh and others, 6 MLR (AD) 68. Lawyers Involved: Ruhul Quddus with M. A. Mannan Khan with Mrs. Amatul Karim, Advocates-for the Petitioners. Mahmudul Islam with M. A. Hannan, Advocates-For the Added Respondent No.5. ..Category: Property Law | Date: | Hits: 135
Rupali Jute Baling Ltd. Vs. Agrani Bank, 1991, 20 CLC (HCD)
....'s direction as per Shahadutullah's Commission report, which the Jute traders as to interest, multiplied the interest till the filing of the suit. The defendant also stated that the alleged agreement dated 13.6.85 between the plaintiff Bank and the defendant being violative of the Government Regulat......order of abatement on the ground that none of the representatives of Reza Balbir Singh, Jotimal have been brought on record within time. The new District Judge, it appears without inquiry and without notice to the plaintiff and obviously without looking at the previous order of the Chief Court, summ......ar Sohail, Advocates‑ For the Opposite Party. Civil Rule No. 4(f) of 1990. Judgment Anwarul Haque Chowdhury J.- This Rule arises out of an application under section 5 of the Limitation Act for condonation of delay in filing the appeal being FAT No.567 of 1989. 2. Facts leading to this ..Category: Procedural Law | Date: | Hits: 111
Mitali Shipping Lines Vs. Bhuiyan Navigation Agency, 1991, 20 CLC (HCD)
.... paid each month as charter fee. A further stipulation was that the opposite party No.1 was to pay the full amount of monthly charter fu for the first 7 months of the charter year commencing from the date of delivery of the vessel which was to be used for business purpose and shall remain under the ......partners not to disturb him in carrying on business with the vessel. In the said suit upon an application for temporary injunction filed by the opposite party No.1 on 29.11.87 the Court only issued a notice directing the opposite party to show cause as to why temporary injunction should not be grant...... AM Mahmudur Rahman J.- This Rule is obtained by the petitioner against an order passed by Assistant Judge, 3rd Court, Dhaka in Title Suit No.188 of 1887 under section 151 CPC. 2. The short facts for disposal of the Rule are, that the petitioner Mitali Shipping Lines carries business in partners..Category: Civil Law | Date: | Hits: 97
Mir Amanullah Vs. Mohammad Sharif and others, 1991, 20 CLC (HCD)
....te ‑ For the Opposite Parties. Civil Revision No.882 of 1986. Judgment Abdul Hasib J.- This Rule was issued calling upon the opposite parties to show cause as to why the Judgment and order dated 21.7.86 passed by District Judge, Munshiganj in Miscellaneous Appeal No.6 of 1985 affirming th...... Abdul Jalil; late Mir Abdul Jalil transferred the land to opposite party Nos.1 and 2 (two sons of his daughter Kohinoor) by a registered Hiba-bil-Ewaz date 13.2.81 in exchange for a prayer‑mat; no notice was, however, served on the pre‑emptors who came to learn about the transfer on 15.3.81 and......by District Judge, Munshiganj in Miscellaneous Appeal No.6 of 1985 affirming those dated 18.8.84 passed by Munsif, 5th Court, Munshiganj in Miscellaneous Case No.28 of 1981 dismissing the application for pre‑emption should not be set aside. 2. The petitioner and opposite party Nos.25 to 29 file..Category: Property Law | Date: | Hits: 75
Shadat Ali and another Vs. State, 1991, 20 CLC (HCD)
.... the State. Criminal Appeal No.7 of 1987 (Sylhet) and Criminal Appeal No.694 of 1990 (Dhaka). Judgment Muhammad Ansar Ali J.- This Criminal Appeal arises out of the judgment and order dated 30.12.1986 passed by the learned Sessions Judge, Sunamganj in Sessions Case No.3 of 1986 convi......e appellants that as some material, charge‑sheet witnesses have been withheld and hence the learned Sessions Judge ought to have drawn an adverse presumption against the prosecution case, it may be noticed that out of 17 charge‑sheeted witnesses, 10 witnesses have been examined by the prosecutio......d by the learned Sessions Judge, Sunamganj in Sessions Case No.3 of 1986 convicting appellant Shadat Ali under section 304 Part II of the Penal Code and Sentencing him to suffer rigorous imprisonment for 10 (ten) years and also to pay a fine of Tk. 1000.00, in default to suffer Rigorous Imprisonment..Category: Criminal Law | Date: | Hits: 73
Category: Employment/Service Law | Date: | Hits: 109
Md. Obaedur Rahman Vs. Md. Amirul Islam and others, 2011, 40 CLC (AD)
....the Petitioner. Aftab Hossain, Advocate-on-Record-For Respondent No.1 Not represented-Respondent Nos. 2-4. Civil Petition for Leave to Appeal No.1192 of 2011. (From the judgment and order dated 29.10.2009 passed by the High Court Division in Writ Petition No.5465 of 2007.) Judgment ......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. ......angail…………………………………………Petitioner Vs. Md. Amirul Islam and others……………………Respondent Judgment June 19, 2011. Result: The civil petition for leave to appeal is disposed. Lawyers Involved: Yusuf Hossain Humayun, Senior Advocate inst..Category: Employment/Service Law | Date: | Hits: 53
Agrani Bank Limited Vs. M/S. Kalipada Saha & Brothers and others, 2011, 40 CLC (AD)
....itioner. Harunur Rashid, Advocate instructed by Syed Mahbubar Rahman, Advocate-on-Record-For the Respondents. Civil Petition for Leave to Appeal No.2106 of 2009. (From the judgment and order dated the 31st day of May, 2009 passed by the High Court Division in Civil Revision No.5201 of 2005)...... to the plaintiff-bank was Tk. 15,03,771.00 as on 20.04.2004, details of which were given in the schedule-I to the plaint. In the event of their failure to repay the loan, the plaintiff-bank issued a notice, to the respondents who, in their turn, denied repaying the same on 20.4.2004 and, therefore,...... Advocate instructed by Md. Nawab Ali, Advocate-on-Record-For the Petitioner. Harunur Rashid, Advocate instructed by Syed Mahbubar Rahman, Advocate-on-Record-For the Respondents. Civil Petition for Leave to Appeal No.2106 of 2009. (From the judgment and order dated the 31st day of May, 2009..Category: Civil Law | Date: | Hits: 55
Aminul Islam Vs. S. M. Habib alias Dulal and others, 2011, 40 CLC (AD)
....d by Zainul Abedin, Advocate-on-Record-For Respondent Nos. 3-5. Not represented-Respondent Nos.1, 2, 6-10. Civil Petition for Leave to Appeal No.1858 of 2010. (From the judgment and decree dated 19.01.2010 passed by the High Court Division in First Appeal No.104 of 1991.) Order Nazm......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. ......ecord-For the Petitioner. Mahmudul Islam, Senior Advocate instructed by Zainul Abedin, Advocate-on-Record-For Respondent Nos. 3-5. Not represented-Respondent Nos.1, 2, 6-10. Civil Petition for Leave to Appeal No.1858 of 2010. (From the judgment and decree dated 19.01.2010 passed by the..Category: Property Law | Date: | Hits: 51
Zeenat Textile Mills Ltd. Vs. Chairman, Third Labour Court, Dhaka and another, 1991, 20 CLC (HCD)
.... Mainur Reza Chowdhury J.- In this Rule Nisi issued under Article 102 of the Constitution of the People's Republic of Bangladesh, the respondents were asked to show cause why the judgment and order dated 20.5.86 (Annexure‑G) passed by the Respondent No.1 should not be declared to have been made ......a, that he was a permanent worker being a typist in the employment of the petitioner since 1.1.76 and that he was discharging his duties satisfactorily. He stated 1hat he was issued with a show cause notice on 1.1.84 alleging that one piece of solenoid valve was found short in the store while a surv......and in reply he stated that he was sent to take delivery of one case of solenoid valve from Chittagong. Out of 12 pieces of solenoid valve in the case, one piece was isolated by the Customs Authority for inspection as per Customs Rules and after inspection by the Customs Authority it was handed over..Category: Labour and Industrial Law | Date: | Hits: 172
Dulal Mia Vs. State, 1991, 20 CLC (HCD)
....e at the instance of accused Md. Dulal Mia being Criminal Appeal No.605 of 1989 and the other at the instance of accused Siraj Mia being Criminal Appeal No.266 of 1990 are directed against two orders dated 12.11.89 and 2.4.1990 respectively passed by the Special Tribunal for Prevention of Smuggling,......independent and impartial Court or tribunal established by law." But, unfortunately, in many a case, we find dereliction and also denial of the said right which cannot but be deprecated. It may be noticed that towards the fulfillment of this Constitutional provision, CrPC was amended fixing time ......of 1989 and the other at the instance of accused Siraj Mia being Criminal Appeal No.266 of 1990 are directed against two orders dated 12.11.89 and 2.4.1990 respectively passed by the Special Tribunal for Prevention of Smuggling, Sylhet in Special Tribunal Case No.107 of 1988 rejecting the prayers fo..Category: Criminal Law | Date: | Hits: 68
ASM Abdur Rob Vs. The State, 1991, 20 CLC (HCD)
....cellaneous 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, in Criminal Misc. Case No. 142 of ...... 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.......3.1991 passed by the learned Sessions Judge, Lakshmipur, in Criminal Misc. Case No. 142 of 1991 arising out of Ramgati Police Station Case No.1 dated 7.5.91 and No.2 dated 8.5.86 rejecting the prayer for bail. 2. Fact of the case is rather a checkered one and it need be stated in some details. In..Category: Criminal Law | Date: | Hits: 85
Halima Bibi Vs. The Chairman & another, 1992, 21 CLC (HCD)
....of the petitioner Halima Bibi a Rule Nisi under Article 102 of the Constitution of the People's Republic of Bangladesh was issued calling upon the Respondents to show cause why the judgment and order dated 9.5.87 passed by the Court of Settlement as contained in Annexure ‘P’ should not be declar...... respectively to this petition. 8. Petitioner while in lawful and peace possession of the said property was suddenly evicted therefrom on 7.8.75 by Officer of the Respondent No.2 without any prior notice and without giving her chance to show cause as to why the property should not be treated to b......ing No.3. Bhitar Bari Lane, PS Kotwali, Dhaka corresponding to CS Khatian No.2718, Plot No.134, Ward No.4, Sheet No.50 mouza Sahar Dhaka originally belonged to one Dhum Chand Bashak and on his death aforesaid building devolved on his heirs namely Sakuntala Bashak (widow), Shantash Chandra Bashak (so..Category: Property Law | Date: | Hits: 64
Moulvi Gholam Moula Vs. Secretary, Ministry of Education, 1992, 21 CLC (HCD)
.... and he was made permanent in that post on 8.12.80 in the scale of Tk. 225.00 to Tk. 325.00. Later on the said scale was changed and enhanced to Tk. 240.00‑345.00. 3. The true copy of the letter dated 8.12.80 issued by Respondent No.3 employing petitioner as permanent employee of the Government......ent No.1 on 20.12.84 through proper channel. Thereafter petitioner getting no reply submitted reminders time without number for disposal of the appeal but of no avail. At last he got a justice demand notice issued on 27.6.87 but it also received no response. The true copy of appeal dated 12.12.87 an......nt of the People's Republic of Bangladesh, Bangladesh Secretariat, Dhaka and others…………..Respondents Judgment January 26, 1992. Result: The petitioner is entitled to relief sought for. Lawyers Involved: Zainul Abedin, Advocate ‑ For the Petitioner. Fokrul Islam, Assist..Category: Administrative Law | Date: | Hits: 164
Kudrat‑E‑Elahi Panir and others Vs. Bangladesh, 1991, 20 CLC (HCD)
....ere elected for 5 years and they had been performing their functions as elected Chairman of their respective Upazilas properly and they had right to complete their 5 years terms in office from the date on which they entered upon their respective offices and they cannot be removed from office ot......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. ......ed to be elected by direct votes on the basis of adult franchise. Under Article 11 of the Constitution: "The Republic shall be a democracy in which fundamental human rights and freedom and respect for the dignity and worth of the human person shall be guaranteed and in which effective participat..Category: Constitutional Law | Date: | Hits: 461