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Chairman, Chittagong Port Autho­rity, Chittagong Vs. Kalipada Dey & others, 1986, 15 CLC (HCD)

....t, the Rule is made absolute without any order as to costs and the impu­gned order is set aside. Mohammed Abdur Rouf J. - I agree. Ed. This Case is also Reported in: 39 DLR (HCD) (1987) 39. ......mp; another, 33 DLR (1981) 376; Pubali Bank Ltd. Vs. The Chairman, First Labour Court, Dhaka & another, BCR 1986 129; James Finlay Vs. Chairman, Second Labour Court, Dhaka, 1981(BLD) AD P. 21. Lawyers Involved: Aftab Hussain, Advocate -For the Petitioner. No one - For the Respondents. ......it was not vested with the powers of Civil Court and for that the Labour Court could have no jurisdiction or authority to pass the impugned order of temporary injunction according to the provision of Order 39, rule I of the Code of Civil Procedure. Section 34 of the I.R.O. provides as follows:- ..

Category: Labour and Industrial Law | Date: | Hits: 204

Wing Commander M Hamidullah Khan Bir Protik Vs. Bangladesh and others, 2011, 40 CLC (HCD)

.... against the petitioner, if he is so advised. In the facts and circumstances above, the instant writ petition is rejected summarily. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 491.......……………Petitioner Vs. Bangladesh and others………………………..Respondents Judgment November 2, 2010. February 2, 2011. Result: The writ petition is rejected. Lawyers Involved: AKM Fakhrul Islam, Advocate - For the Petitioner Abdus Salam Mondal, Deputy ......rifice in the War of Liberation in 1971 and/or such other or further order or orders passed as to this Court may seem fit and proper. The Rule is made returnable within 4(four) weeks from date. Order of the Court Since we are in difference of opinion let this matter be placed before the Hon..

Category: Constitutional Law | Date: | Hits: 314

Babu Khan Vs. State, 2003, 32 CLC (HCD)

....ial Court. Send down the Lower Court Records at once. The trial Court is directed to dispose of the case with utmost expedition. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 547.......ed to- State Vs. Imdad Ali Bepary, 36 DLR 333; Mobarak Ali (Md.) alias Mobarak Ali Mondal Vs. People's Republic of Bangladesh, represented by the Secretary, Ministry of Home Affairs, 50 DLR 10. Lawyers Involved: Md. Ashraf-uz-Zaman Khan for Md. Rezaul Haque, Advocate—For the Appellant. ......d if any trial takes place in refusing such fundamental right the trial is a misnomer and the judgment passed in such trial convicting an accused is no judgment in the eye of law. 9. On perusal of Order No.1 dated 12‑11-­1985 and Order No.4 dated 7-1‑1986 it appears that the learned Sessions..

Category: Criminal Law | Date: | Hits: 123

Principal, Barguna Darul Ulum Nesaria Alia Madrasha Vs. Secretary, Ministry of Health and others, 2002, 31 CLC (HCD)

....py of this judgment and order be communicated to the learned Senior Assistant Judge, Barguna for his information and necessary action. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 542....... absolute. Cases Referred to- Abdul Jalil and others Vs. Islamic Bank of Bangladesh Ltd. and others, 53 DLR 9; Burmah Eastern Ltd. Vs. Burmah Eastern Employees Union and others, 18 DLR 709. Lawyers Involved: Abdul Quyum, Advocate—For the Petitioner. Mosammat Suriya Begum, Advocate...... is the petitioner of the present civil revision, while the others have been made the proforma opposite parties. They submitted before the learned Senior Assistant Judge, Barguna an application under Order VII rule 11 of the Civil Procedure Code, for rejection of the plaint, alleging that the plaint..

Category: Procedural Law | Date: | Hits: 146

Mohiuddin Ahmed and others Vs. Government of Bangla­desh and others, 2011, 40 CLC (HCD)

....r as to costs. The order of stay granted earlier by this Court is vacated. Send a copy of this Judgment to the trial Court below. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 504....... is discharged. Cases Referred to- 10 MLR (AD) 144; 10 MLR 344; 61 DLR 503; Sreemati Pushpa Rani Das Vs. AKM Habibur Rahman, 13 BLD (AD) 217; Shahabuddin Vs. Habibur Rahman, 50 DLR (AD) 99. Lawyers Involved: Tabarak Hussain, Advocate - For the Petitioners. Goutam Kumar Roy, Deputy At......ugned Judgment and order dated 25-3-2008 passed by the learned Additional District Judge, Sylhet in Civil Revision No.79 of 2005 dis­missing the Civil Revision and thereby affirming the Judgment and Order dated 20-7-2005 passed by the learned Joint District Judge, 2nd Court, Sylhet in Title Suit No..

Category: Property Law | Date: | Hits: 121

GSH Jamal Vs. Surraiya Jabeen and others, 2010, 39 CLC (HCD)

....9 is hereby discharged. The ad interim order granted earlier in the Rule is also vacated. Send down the lower Court records at once. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 493.......l Corporation (Pvt.) Limited Vs. Al-Haj Md. Ismail, 16 BLD (AD) 285 = 48 DLR (AD) 90; Md. Nasiruddin Vs. Md Mizanur Rahman, Civil Petition for Leave to Appeal No.1300 of 2006 (BSCD 2008 page 121). Lawyers Involved: Mahbubey Alam with Gopal Chandra Saha, Advo­cates - For the Appellant. Khal......iff landlords refused to receive the same with intention to make the defendant tenant a defaulter. Understanding the said intention of the landlords, the tenant, on 8-1-1997 sent Taka 52,000 by Money Order to the plaintiff landlords which the plaintiffs, on 15-1-1997 refused to accept and the said r..

Category: Tenancy Law | Date: | Hits: 190

Mohammad Selim Vs. State, 2012, 41 CLC (AD)

.... life. 15. Accordingly, the jail petition is dismissed with the modification of sentence of death which is commuted to one of imprisonment for life. Ed. This Case is also Reported in:......………………..Petitioner Vs. The State................................Respondent Judgment November 12, 2012. Result: The jail petition is dismissed. Lawyers Involved: A.B.M. Bayezid, Advocate- For the Petitioner. Md. Selim, Deputy Attorney Gen...... life. 15. Accordingly, the jail petition is dismissed with the modification of sentence of death which is commuted to one of imprisonment for life. Ed. This Case is also Reported in:..

Category: Criminal Law | Date: | Hits: 98

Mamun Akbar Vs. State and another, 2012, 41 CLC (AD)

.... infirmity in the impugned judgment and order passed by the High Court Division. Accordingly, the criminal petition for leave to appeal is dismissed. Ed. This Case is also Reported in:...... Mamun Akbar........................Petitioner Vs. The State and another..........Respondents Judgment November 8, 2012. Result: The petition is dismissed. LawyersInvolved: Nurul Islam Bhuiyan, Advocate-on-Record-For the Petitioner. Md. Aftab H...... infirmity in the impugned judgment and order passed by the High Court Division. Accordingly, the criminal petition for leave to appeal is dismissed. Ed. This Case is also Reported in:..

Category: Criminal Law | Date: | Hits: 90

State Vs. Md. Kamal Uddin alias Pichchi Kamal, 2012, 41 CLC (AD)

....legality or infirmity in the impugned judgment and order of acquittal passed by the High Court Division. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: ....................................Petitioner Vs. Md. Kamal Uddin alias Pichchi Kamal.....Respondent Judgment October 14, 2012. Result: The petition is dismissed. Lawyers Involved: Md. Shohrowardi, Deputy Attorney General, instructed by Mrs. Sufia Khatun, A......legality or infirmity in the impugned judgment and order of acquittal passed by the High Court Division. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: ..

Category: Criminal Law | Date: | Hits: 119

Director General, Bangladesh Railway and others Vs. Niaz Mohammad Ali and others, 2012, 41 CLC (AD)

....ration of Bangladesh Railway”. Security of Tk. 1000/- is to be deposited within 1 (one) month. Preparation of paper book, as prayed for, is dispensed with. This Case is also Reported in: ......Railway and others……….Petitioners Vs. Niaz Mohammad Ali and others.......................................Respondents Judgment November 5, 2012 Result: The leave is granted. Lawyers Involved: Shaheed Alam, Advocate, instructed by Syed Mahbubor Rahman, Advocate-on-Record-......the Respondents. Civil Petition for Leave to Appeal No. 1166 of 2010. (From the judgment and order dated 6th August, 2009 passed by the High Court Division in Writ Petition No.6501 of 2008.) Order Muhammad Imman Ali J. - This civil petition for leave to appeal is directed against the jud..

Category: Employment/Service Law | Date: | Hits: 222

Additional Deputy Commissioner (Rev.) Rangpur and another Vs. Amir Husain and others, 2012, 41 CLC (AD)

....h the impugned judgment and order passed by the High Court Division is liable to be set aside”. Preparation of paper book, as prayed for, is dispensed with. This Case is also Reported in:......er.......Petitioners Vs. Amir Husain and others........................................Respondents Judgment November 11, 2012. Result: The leave is granted. Lawyers Involved: Rajik-Al-Jalil, Deputy Attorney General, instructed by Mrs. Sufia Khatun, Ad......dents Civil Petition for Leave to Appeal No. 249 of 2011. (From the judgment and order dated 7th November, 2010 passed by the High Court Division in Civil Revision No.3939 of 2007.) Order Muhammad Imman Ali J. - This civil petition for leave to appeal is directed against the ..

Category: Property Law | Date: | Hits: 181

Administrative Officer, Hou­sing Settlement, Chittagong & others Vs. Abdur Rashid Chowdhury and others, 2011, 40 CLC (HCD)

....et aside. The suit is dismissed without any order as to costs. The office is directed to send down the lower Court's record at once. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 479.......awshed Chowdhury Vs. Ministry of Land Administration and Land Reforms, Government of Bangladesh, 3 BLC 18; Messrs Mollah Industry Estate Vs. Government of Bangladesh, 6 LG (AD) 205; 6 MLR (AD) 41. Lawyers Involved: AKM Badrudduza with Md. Quamrul Islam, Advocates - For the Appellants. Kamal......et aside. The suit is dismissed without any order as to costs. The office is directed to send down the lower Court's record at once. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 479...

Category: Property Law | Date: | Hits: 118

Shahidul Islam Vs. State and another, 2011, 40 CLC (HCD)

....Case No.124 of 2007 is hereby affirmed. The order of stay passed at the time of issuance of the Rule is hereby recalled and vacat­ed. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 471. ......3; Sirajul Islam Vs. Tauhid Uddin Ahmed, 15 BLC 39; Ahsan Habib Chowdhury Vs. Multi-drive Ltd., 14 BLC 66; Satya Narayan Poddar Vs. State, 53 DLR 403; Abdur Rahman Vs. Maklis Ali, 31 DLR (AD) 118. Lawyers Involved: Md. Zafar Alam, Advocate with HMA Alam, Advocates - For the Petitioner. Md. ......Case No.124 of 2007 is hereby affirmed. The order of stay passed at the time of issuance of the Rule is hereby recalled and vacat­ed. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 471. ..

Category: Procedural Law | Date: | Hits: 114

Javed Alam (Md.) Vs. Bangladesh and others, 2001, 30 CLC (HCD)

.... of the receipt of the order of this Court. The office is directed to send a copy of this order to the respondents without delay. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 521. ......to the description of abandoned property, the government is required to take all possible steps for restoration of possession of the case property to the petitioner.............................(5) Lawyers Involved: M Saleem Ullah, Advocate—For the Petitioner. K Khaled Ahmed, Assistant Att...... of the receipt of the order of this Court. The office is directed to send a copy of this order to the respondents without delay. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 521. ..

Category: Property Law | Date: | Hits: 106

Abu Bashar (Md.) and others Vs. Md. Raja Meah and others, 2010, 39 CLC (HCD)

.... The order of stay passed at the time of the issuance of the rule is hereby vacated. Send down the lower Court records at once. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 454. ......others……………………Opposite Parties Judgment July 14, 2010. Result: The Rule is made absolute. Case Referred to- Jiban Bima Corporation Vs. Mahibul Majid, 52 DLR 186. Lawyers Involved: Fariduddin Khan, Advocate - For Petitioners. Farida Khan, Advocate - For Op......03. 3. The learned Assistant Judge by his order dated 11-1-2004 directed the decree holder opposite party to pay amounting to Taka 100 as cost of Civil imprisonment for each judgment-debtor as per Order XXI, Rule 39(1) of the Code of Civil Proce­dure and also passed an order of arrest against th..

Category: Civil Law | Date: | Hits: 166

Dr. Md. Rahmat Ali Vs. State, 2011, 40 CLC (HCD)

....er is discharged from his bail bond. Send down the lower Courts record and a copy of the judgment and order to the Court concerned. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 452. ......Rahmat Ali………………………Convict-Appellant Plaintiff Vs. State……………………Opposite party Judgment February 14, 2011. Result: The rule is made absolute. Lawyers Involved: Md. Khalilur Rahman, Advocate - For the Petitioner. Yesmin Begum Bithi, Advo......er is discharged from his bail bond. Send down the lower Courts record and a copy of the judgment and order to the Court concerned. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 452. ..

Category: Criminal Law | Date: | Hits: 87

Ganendra Nath Mondal Vs. Kalipada Mondal and another, 2011, 40 CLC (HCD)

....ght of the observations made in this judgment. Send down the lower Court record at once with a copy of this judgment for compliance. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 449.......dal………………………Petitioner Vs. Kalipada Mondal and another………………………Opposite Parties Judgment January 11, 2011. Result: The Rule is made absolute. Lawyers Involved: Bivas Chandra Biswas, Advocate - For the Petitioner. PC Guha, with Samiran M......nce by himself or itself and in the absence of such evaluation the judgment of reversal on the basis of finding of facts cannot but be erroneous. 13. In this connection it may be pointed out that Order XLI, rule 31 of the Code of Civil Procedure is a mandatory provision of law to be fol­lowed b..

Category: Property Law | Date: | Hits: 79

Badiul Alam Vs. Md. Nurul Islam, 2002, 31 CLC (HCD)

....aneous Appeal No.386 of 1975 are set aside and that of the learned trial Court are allowed in the light of the observation made above. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 517.......t: The Rule is made absolute. Cases Referred to- Basarat Ali Mondal and others Vs. Messem Ali Biswas and another, 6 DLR 589; Saroop Singh Vs. Narsingh and others, AIR 1929 Allahabad 846. Lawyers Involved: Md. Maqbul Ahmed, Advocate—For the Petitioner. Mihir Kanti Majumder, Advoc...... registered deed of purchase Exhibit 1 cannot be affected, inasmuch as, he was neither a party in the sale nor in the Money Execution Case No.2 of 1945 nor received notice of sale-proclamation under Order XXI Rule 54 of the Code enabling him to file objection against the sale under Order XXI, rule ..

Category: Property Law | Date: | Hits: 132

Haripada Mandal Vs. Bidhan Chandra Mondal, 2002, 31 CLC (HCD)

....ances of the case I direct the parties to bear their respective costs. Copy of this Judgment be transmitted to the Court concerned. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 515...............Opposite Party Judgment July 17, 2002. Result: The Rule is made absolute. Cases Referred to- Belayet Hossain and another Vs. Md. Abu Taher and others, 32 DLR (AD) 231. Lawyers Involved: Zaman Akter, Advocate—For the Petitioner. Shasti Sarker, Advocate—For th......For the Opposite Party. Civil Revision No.1972 of 2000. Judgment AK Badrul Huq J.- Fate of Civil Revision Petition hinges on answer to the following question which is, whether appeal under Order XLIII rule 1(c) of the Code of Civil Procedure (for short The Code) against an order passed in..

Category: Procedural Law | Date: | Hits: 104

Al-Amin Construction Co. Ltd. Vs. Government of the People's Republic of Bangladesh and others, 2001, 30 CLC (HCD)

....l the bidders which are awaiting acceptance by the Government. In the result, the Rule is disposed of with the dove observations. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 510. ......, AIR 1976 SC 2216; Sharping Matshajibi Samabaya Samity Ltd. Vs. Bangladesh & ors, 39 DLR (AD) 85; Bangladesh Telecom (Pvt.) Ltd. Vs. Bangladesh T & T Board and another, 48 DLR (AD) 20. Lawyers Involved: Khandker Mahbubuddin Ahmed with Md. Ruhul Quddus, Advocates—For the Petitione......l the bidders which are awaiting acceptance by the Government. In the result, the Rule is disposed of with the dove observations. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 510. ..

Category: Others | Date: | Hits: 207