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Bangladesh Bank and another Vs. Sukamal Sinha Choudhury and another, 2011, 40 CLC (AD)
....ot violative of any law or Constitution and it has not been given any retrospective effect and was not made applicable to the petitioner retrospectively also and as such the High Court Division was erroneous in holding that it has a retrospective effect and this retrospective effect has prejudic......ition. The material case of this respondent was that the impugned circular No.10 of 2005 has been formulated in accordance with law for the betterment and effective functioning of the bank and with a view to modernize the institution and to make it world class standard so that it can cope with the c..Category: Employment/Service Law | Date: | Hits: 211
Nur Mohammad Bhuiyan and others Vs. Aysha Khatoon and others, 2011, 40 CLC (HCD)
....ated 8.11.1986 of the Munsif (now Assistant Judge), First Court, Chandpur in Title Suit No. 51 of 1983 are restored. Send down the lower Courts’ records. Ed. This Case is also Reported in: ......e Court did not, however, arrive at any specific finding that the deed of reconveyance was a forged one. 10. Mr. Md. Mobarak Hossain, learned Advocate appearing for the petitioners submits that in view of the provision in section 95A of the State Acquisition and Tenancy Act, the conveyance deed a..Category: Property Law | Date: | Hits: 87
National Board of Revenue and others Vs. Mustafizur Rahman, 2003, 22 CLC (AD)
.... judgment with reference to the relevant provisions of the concerned SRO. In view of the above matter, the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: ......ly the impugned order was passed as aforesaid. 6. The appellants thereupon obtained leave to consider as to whether the writ-petitioner having claimed that he is entitled to import duplex board in view of SRO dated 10.12.1984 but schedule 3 of the said SRO having not included duplex board, the Hi..Category: Fiscal/Taxation Law | Date: | Hits: 140
Government of Bangladesh and others Vs. Md. Salim Reza, 2003, 22 CLC (AD)
....and other benefits to the employees including the respondent. In that view of the matter, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: ......er’s report were the basis for the termination and the said report contained words amounting to a stigma. The termination order was, as stated above, set aside." 8. The above decision is, in our view, a clear authority for the proposition that the material which amounts to stigma need not be co..Category: Employment/Service Law | Date: | Hits: 155
....tainable as being barred by res judicata in as much as the material issues of Other Suit No. 41 of 1974 were directly and substantially in issues of the instant suit but the learned subordinate judge erroneously framed other issue just to take away the sight of others form the issues framed in the e......eeding of the execution case was stayed by order dated 18.7.1995 by the sub-ordinate judge, Chittagong in other suit No. 100 of 1995. From the facts and circumstances as discussed above we are of the view that the plaintiff respondent has been ceased to retain any right title and interest in the sui..
Category: Property Law | Date: | Hits: 113
....t. No further adjournment will be allowed at the instance of the substituted defendants.
Communicate a copy of the judgment.
Faruque Ahmed J. - I agree.
Ed.
This Case is also Reported in:
......t. No further adjournment will be allowed at the instance of the substituted defendants.
Communicate a copy of the judgment.
Faruque Ahmed J. - I agree.
Ed.
This Case is also Reported in:
..
Category: Property Law | Date: | Hits: 67
S. M. Basiruddin Vs. Zahurul Islam Chowdhury and another, 1982, 11 CLC (AD)
....became two independent tenancies. Mr. M. H Khandkar, learned Advocate for the Respondent contends that the finding of the learned Single Judge that an under-raiyati was created by the Lease Deed is erroneous since the S. A. Khatian did not support the creation of any under-raiyati and the original......tion. Chapter IV of Part IV of the State Acquisition and Tenancy Act, 1950 provides for "preparation of record-of-rights". This chapter contains the provision of preparation of record of right with a view to assessment of compensation regarding interests of all rent-receivers which are liable to b..Category: Property Law | Date: | Hits: 85
Nurul Islam and others Vs. Arif Ullah and others, 2012, 41 CLC (HCD)
....Accordingly the Rule is discharged. The order of status quo granted earlier at the time of issuance of Rule is vacated. Communicate a copy of the judgment. Ed. This Case is also Reported in: ......bly on transfer from Sylhet Bench, though the reason of such renumbering is not recorded. Today it is posted in the cause list and called for hearing, but no one appears for either of the parties. In view of its long pendency for more than twenty-eight years, it is taken up for disposal. 3. Facts..Category: Property Law | Date: | Hits: 70
Md. Shahar Ali and others Vs. Sree Sailesh Chandra Sen and others, 2012, 41 CLC (HCD)
.... the Rule is discharged. The ad interim order of status quo passed earlier at the time of issuance of the Rule is vacated. Communicate a copy of the judgment. Ed. This Case is also Reported in: ......ey can, however, file a separate suit for injunction against the plaintiffs, if they are really threatened and disturbed in keeping possession on their land in the said B.R.S. plot numbers. In any view of the matter, I do not find that the learned Additional District Judge committed any error of ..Category: Property Law | Date: | Hits: 84
Ismail Vs. State, 2009, 38 CLC (HCD)
....the Metropolitan Magistrate, Dhaka is set aside and the convict-appellant–petitioner is discharged from his bail bond. Send down the L.C. record at once. Ed. This Case is also Reported in: ......r and so he could not attend before the Court and as a result the appeal was tried in absentia and the conviction was given against him. The learned counsel further submits that the petitioner with a view to go to Saudi Arabia for a Job, had deposited his passport on a good faith to the Manpower bus..Category: Criminal Law | Date: | Hits: 92
Md. Rejaul Haque @ Ezaul Vs. State, 2011, 40 CLC (HCD)
....ed in any other case. Send down the Lower Court Records along with a copy of this judgment and order at once. Md. Afzal Hossain Ahmed J. - I agree. Ed. This Case is also Reported in: ......is crystal clear that prosecution has failed to prove the possession and control along with recovery of the alleged arms by adducing disinterested and independent witnesses. 14. In support of this view we can refer to the case of Aslam Jahangir Vs. The State, reported in XX BLD (HCD) 426 wherein ..Category: Criminal Law | Date: | Hits: 95
Mahbub-ul-Alam Md. (Minor) and another Vs. Md. Alimuddin Karikor, 2009, 38 CLC (HCD)
....ly criticised the impugned judgment submitting revisional Court has below seriously fallen in error in passing the impugned judgment and order setting aside the order passed by the Executing Court on erroneous finding wrongly relying on a decision in the case of Ajiran Nessa Bewa Vs. Md. Abdul Manna...... Abdul Mannan, reported in 45 DLR 66. But the revisional Court below relied on over ruled decision in setting aside the order of the Executing Court. 10. In consideration of the above, I am of the view the revisional Court below has taken a completely erroneous view in passing the impugned judgme..Category: Civil Law | Date: | Hits: 100
Zillul Haq and others Vs. Maloti Bala Dey & others, 1998, 27 CLC (HCD)
.... for his perusal and necessary action. The order of stay earlier granted by this Court stands vacated. Send down the LCR at once. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 367.......on record was perfectly justified in reversing the judgment of the trial Court assigning cogent reasons and the same has occasioned no failure of justice. The learned Advocate further submits that in view of the admitted fact that the original plaintiff has title, at least in some portion paid of th..Category: Property Law | Date: | Hits: 88
Halima Jaman and other Vs. Government of Bangladesh, 1998, 27 CLC (HCD)
....ew is based on the grounds mentioned above (rule 1, Order 47 CPC), the court will not sit on the matter again for a rehearing or further hearing which is already concluded by decision even if that be erroneous.” 14. The last argument of Mr. Khandakar Mahbubuddin Ahmed is what he called abatemen......ssued calling upon the opposite parties to show cause as to why the Judgment and decree dated 12th April, 1994, passed by a Division Bench of this Court in First Appeal No.184 of 1990 should not be reviewed and/or such other order or orders passed as to this court may seem fit and proper. 2. Orig..Category: Property Law | Date: | Hits: 89
Shefali Rani and others Vs. Makhan Chandra Das and others, 1990, 19 CLC (HCD)
.... The documents in question, as described in the schedule of the plaint are declared as void and fraudulent. No order as to costs. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 341. ......from the Government or any authority concerned, showing amalgamation of the 2 Sub-registrar’s office into one that the jurisdiction of a Registrar was delegated to the Sub-registrar of Begumgonj in view of the aforesaid manual. 13. By the amendment as made in Ordinance 50 of 1985 section 30 and..Category: Procedural Law | Date: | Hits: 105
Maudud Vs. State, 1998, 27 CLC (HCD)
....mitting robbery and demanded key of the cash box. In view of the same we find no merit in the application for bail which is rejected. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 347. ......e of sport, protection or display may be granted in form XVI or Form XVIA by the District Magistrate or by any Sub-Divisional Magistrate specially empowered by the Government in that behalf. 5. In view of the aforesaid Rules there is no scope to contend that no licence is required to keep a “da..Category: Criminal Law | Date: | Hits: 87
Shaheen Mahmood Alam (Md.) Vs. Ziaur Rahman & others, 1997, 26 CLC (HCD)
....on Parishad. No other ground taken in this petition was pressed by Mr. Sircar. In the result, the Rule is made absolute. No costs. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 346. ......mount of loan was to be repaid within the period of 20 years according to the agreement with the House Building Finance Corporation. This requires of us to examine what is the meaning of default. Our view is that if any of the instalments granted to a loanee by the Corporation is not paid within sai..Category: Election Law | Date: | Hits: 153
Mokthar Masum Abedin and others Vs. Nironjan Kumar Mondol and others, 1997, 26 CLC (HCD)
.... two thousand) only to the plaintiff-opposite- party. Stay granted by this Court at the time of issuance of the Rule stands vacated. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 341....... Suit transferred the suit land in favour of the petitioners and intentionally created an obstacle in the proper adjudication of the suit. In rejecting the said application the learned Judge took the view that the petitioners did not file the application with clean hands and mind. The learned judge,..Category: Procedural Law | Date: | Hits: 74
Ziauddin Ahmed Vs. Bangladesh,1994, 23 CLC (HCD)
.....92 issued by the respondent No. 1 under the signature of respondent No. 3 to be without any lawful authority and is of no legal effect. Ed. This Case is also Reported in: 47 DLR (HCD) (1995) 29.......ed under Article 36 of the Constitution. Before this right is curtailed and a citizen is debarred from enjoying this right, natural justice demands that he should be given an opportunity to place his views as to the reasons for non-issuance of passport to him. From Article 6 of the Bangladesh Passpo..Category: Constitutional Law | Date: | Hits: 238
Mayurer Nessa and others Vs. Julekha Khatoon and others, 1994, 23 CLC (HCD)
....l Court without considering the presumption of entry regarding possession in the CS khatian, failure of the PWs to state the plot numbers in which plaintiffs had possession and reliability of the PWs erroneously opined that plaintiffs previously possessed 7/8 plots. If the entry in the CS khatian Ex......at decision of the Courts below is contrary to law in not giving effect to the compromise effected between the plaintiffs and non‑contesting defendants though acted upon by those parties. 12. In view of the above I find substance in this appeal not on the ground as taken by the appellants but o..Category: Procedural Law | Date: | Hits: 85
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