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Public Service Commission Vs. Mohammad Sohel Rana and others, 2010, 39 CLC (AD)
....are disposed of by this order. The High Court Division heard Writ Petition Nos.8307, 8320 of 2008 and 4979 of 2009 analogously and by its judgment and order dated 11th November, 2009 made the rules absolute and disposed of Writ Petition No.91511 of 2008 directing the writ-respondents as under: "(......ut subsequently the posts were increased to 4149. The writ petitioners after passing the preliminary test were allowed to sit for written test and after being successful in the written test they were called for viva-voce examination. They having been successful in the viva-voce, the PSC after compli......t Division. The judgment of the High Court Division is accordingly set aside. These petitions are disposed of with the above observation. Ed. This Case is also Reported in: VIII ADC (2011) 332. ......n J ABM Khairul Haque J Md. Muzammel Hossain J Surendra Kumar Sinha J The Public Service Commission, representÂed by its Chairman, Bangladesh Public Service Commission Secretariat, Dhaka and others..............Petitioners (In Civil Petition Nos.512 & 514 of 2010) People's Repub..Category: Constitutional Law | Date: | Hits: 247
....ig drain 30 feet wide and 10 feet deep runs along the said residential area and the Chittagong Development Authority Avenue and at their junction point it is 70 feet and 10 feet deep. During rainy season the drain almost turns into a navigable river and over floods its banks and road goes under knee......ioner.
Not represented‑ the Respondents.
Writ Petition No. 68 of 1986
Judgment
AM Mahmudur Rahman J.- By this Rule Nisi issued under Article 102 of the Constitution the respondents were called upon to show cause as to why the action commencing with effect from January, 4, 1986 to const......oceed with the construction on the aforesaid drain‑passage further.
The rule is, accordingly, made absolute. No order as to costs.
Ed.
This Case is also Reported in: 45 DLR (HCD) (1993) 331....... Reported in: 45 DLR (HCD) (1993) 331...
Category: Property Law | Date: | Hits: 58
Alauddin (Md.) and others Vs. Yusuf Ali and another, 1993, 22 CLC (HCD)
....nent injunction restraining the defendant petitioners from entering into the suit land and from disturbing the plaintiff's peaceful possession of the same. The suit land belonged to Gulapjan Bibi who sold the same to the plaintiff opposite party vide registered Kabala dated 28.4.81, Annexure 'A' and......njunction is rejected. In the result the Rule is made absolutely without any order as to costs. Communicate this order at once. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 328. ......d fractional shares in each plot which are all held in ejmali possession and has since then threatened to disposses the defendant petitioners under the cover of the Court’s order. 4. The learned trial Court granted the temporary injunction by its judgment and order dated 24.4.85 which was subse......order at once. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 328. ..Category: Property Law | Date: | Hits: 101
State Vs. Nurul Hoque and another, 1992, 21 CLC (HCD)
....es Referred to- AIR 1977 (SC) 1116; 126 IC 689; 62 IC 545; PLD 1964 (AC) 813; 31 DLR 312, 16 DLR 598; AIR 1973 (SC) 2474. Lawyers Involved: AKM Zahirul Hoque, Advocate - For the Condemned Prisoner. Ruhul Amin‑II, Advocate‑ For the Appellants. AKM Shamsul Karim, Assistant Attorney ...... At 1‑00/1‑30 PM one man came and told them that in Magbari ditch at Miapur one dead body is found. Thereafter the Chairman along with him went to the place of occurrence and after the Daroga was called by the Chairman the Daroga lifted the dead body from the ditch. The dead body was naked. Afte......cie case submitted the charge sheet against the accused under sections 302/201/109 of the Penal Code, giving a final report in the UD case. The condemned prisoner Nurul Haque was ultimately placed on trial to answer a charge punishable under sections 302/34 of the Penal Code along with section 201 o......Division (Criminal Appellate Jurisdiction) Present: Anwarul Hoque Chowdhury J Md. Abdul Karim J State ........... Appellant Vs. Nurul Hoque ....Respondent (Absconding) Babul and another ................Appellants Vs. The State …………..Respondent Judgment ..Category: Criminal Law | Date: | Hits: 76
Chand Miah Talukder Vs. Chairman, Court of Settlement, 1993, 22 CLC (HCD)
....n view of sub‑section (5) of section 10 of the Ordinance No.54 of 1985 and the same runs as follows: "A Court of Settlement shall, after such enquiry as it may deem necessary and alter giving reasonable opportunity to the parties concerned of being heard and also adducing evidence, both oral an......54 of 1985 by the above petitioner claiming the above property as his own praying for exclusion of the same from the list of abandoned buildings. "No one appears on repeated call when the case was called up for hearing nor any step has been taken on behalf of the petitioner till the last moment o......he impugned order passed by the Court of Settlement must be held to be without lawful authority and to be of no legal effect and consequently the case must be sent back to the Court of Settlement for trial. In the result, the Rule is made absolute without any order as to costs. It is declared tha...... This Case is also Reported in: 45 DLR (HCD) (1993) 304...Category: Procedural Law | Date: | Hits: 59
Fazlu Molla and others Vs. Shamsul Hoque Molla, 1993, 22 CLC (HCD)
....en statement but ultimately the suit was compromised out of Court between the plaintiff and the aforesaid Ganzer Molla and his wife and that suit was decreed in terms of the petition of compromise or solenama. That solenama provided that the present plaintiff relinquished his claim in respect of 1.0......udgment and decree of the Court of appeal below is hereby affirmed. Let the LC records be sent down to the co below expeditiously. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 299. ......gally in passing the decree on the basis of the same. He further submitted that the Court of appeal below acted illegally in holding that the suit was maintainable and in reversing the finding of the trial Court in that respect. It is admitted position that the suit land measuring 0.60 acre was n......ditiously. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 299. ..Category: Property Law | Date: | Hits: 88
.... Government of Pakistan, PLD 1961 (SC) 537; Chief Commissioner Karachi Vs. Mrs. Dina Sohrah Katrak, PLD 1959 (SC) 45; Gopi Vs. Himachal Pradesh Government, AIR 1966 Him. 8 (V 53 C 3); Stuart Vs. Anderson and Morrison, 2 All ER 665 at page 671.
Lawyers Involved:
Amirul Islam with Kazi Shahabudd......use why the same should not be declared to have been made without lawful authority and to be of no legal effect. In Writ Petition No. 1560 of 1991 petitioner Kabita Rani Hajra obtained the Rule which called upon the respondents to show cause why the impugned order dated 31.12.90 (Annexure E) and the...... lawful authority and the same are of no legal effect.
In the result, both the Rules are made without however any order as to costs.
Ed.
This Case is also Reported in: 45 DLR (HCD) (1993) 292.......
Read the Appellate Division Judgment Here.
Supreme Court
High Court Division
(Special Original Jurisdiction)
Present:
Quazi Shafiuddin J
Mainur Reza Chowdhury J
Mahinuddin (Md) and others .....................Petitioners (In Writ Petition No.868 of 1991)
Kabita Rani Hajra ...
Category: Others | Date: | Hits: 153
Umme Hani Begum and others Vs. Ram Gopal Sarker and others, 2008, 37 CLC (HCD)
..... 2 as plaintiff instituted Title Suit No. 344 of 1994 in the Court of Sub-ordinate Judge, 2nd Court, Narayanganj, for declaration of title by way of acquisition of title by adverse pos session and also for a further declaration that the registered kabala deed dated 16-4-1969 executed by the defenda......le Suit No.344 of 1994 decreeing the suit is set aside. The suit stands dismissed. Send down the lower Court's record immediately. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 17. ...... and fact and the same is not sustainable in law. 10. Mr. A Baset Majumder, the learned Advocate appearing for the plaintiff-respondent, on the other hand, supported the judgment and decree of the trial Court and submitted that since 1964 the plaintiff being in continuous and uninterrupted posses...... This Case is also Reported in: 62 DLR (HCD) (2010) 17. ..Category: Property Law | Date: | Hits: 74
Barrister Mainul Hosein Vs. Md. Ali Hossain and another, 2010, 39 CLC (HCD)
....New Nation Publications presently, New Nation Printing Press. The learned Advocate for the opposite party No.1 has further submitted that ''employer'' in relation to establishment includes a successor as has been defined in section 2 (viii) (a) of the Ordinance and thus, the New Nation Printing ......the case in accordance with law. Send a copy of this judgment and order to the Court concerned for information and necessary action. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 38.......section 561A of the Code of Criminal Procedure, was issued calling upon the opposite parties to show cause as to why the proceeding in Criminal Case No.1 of 1994 under section 54 and 55 of the Industrial Relations Ordinance, 1969 (hereinafter referred to as the Ordinance), pending in the Second ......n (Criminal Revisional Jurisdiction) Present: Khondker Musa Khaled J Md. Azizul Haque J Barrister Mainul Hosein……………………….Accused-petitioner. Vs. Md. Ali Hossain and another……………………………... Opposite parties. Judgment February 18, 2010...Category: Labour and Industrial Law | Date: | Hits: 147
Tofail Ahmed Vs. Chairman, Anti-Corruption Commission and others, 2010, 39 CLC (HCD)
....l Ahmed……………………..Petitioner Vs. Chairman, Anti-Corruption Commission and others..................Respondents Judgment February 25, 2010. Result: The Rules are made absolute. Cases Referred to- Arab Bangladesh Bank Ltd. Vs. Md. Shahiduzzaman, Deputy Director, B......mscribed under certain circumstances. So, our conclusion is that at the inquiry stage of an offence, the provisions of Clause (a) to the Proviso to sub-section (1) of section 94 of the Code cannot be called in aid and the same are only meant for the purpose of investigating offences under sections 4......Whenever any Court, or any officer in charge of a police-station considers that the production of any document or other thing is necessary or desirable for the purposes of any investigation, inquiry, trial or other proceeding under this Code by or before such Court or officer, such Court may issue a......on (Special Original Jurisdiction) Present: Moyeenul Islam Chowdhury J AKM Abdul Hakim J Tofail Ahmed……………………..Petitioner Vs. Chairman, Anti-Corruption Commission and others..................Respondents Judgment February 25, 2010. Result: The Rules ar..Category: Anti-Corruption Laws | Date: | Hits: 200
Saroj Kumar Sarker and others Vs. Manoj Kumar Sarkar, 2007, 36 CLC (HCD)
.... Civil Miscellaneous Case No. 8 of 2004. Judgment Siddiqur Rahman Miah J.- This application under section 24 of the Code of Civil Procedure originates out of First Appeal No.15 of 1988 which also arises from Partition Suit No.64 of 1986 before this court is also arises out of title suit No.96...... Manikgonj is withdrawn and transferred 1othis Court for hearing along with the First Appeal No.15 of 1988 analogously. Communicate. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 25.......esire to be heard, or of its own motion without such notice, the High Court Division or the District Court may at any stage. (a) transfer any suit, appeal or other proceeding pending before it for trial or disposal to any Court subordinate to it and competent to try or dispose of the same, or ......is also Reported in: 62 DLR (HCD) (2010) 25...Category: Property Law | Date: | Hits: 68
Bangladesh Road Transport Corporation Vs. Ashraf Jute Mills Ltd., 1991, 20 CLC (HCD)
....ladesh Road Transport Corporation……………….Petitioner Vs. Ashraf Jute Mills Ltd………………..Respondents Judgment August 28, 1991. Result: The Rule is made absolute Cases Referred to- 43 company cases 350; 21 company cases 251; 35 company cases (SC)......d with section 168 of the Companies Act are not attracted and as such I do not find any substance in the contention of Mr. Khandker. 8. In the present case whether the proceeding taken by BSRS is called other legal proceeding as contemplated under section 171 of the Companies Act is not a pertin......sions of this order and any rule made thereunder shall have effect notwithstanding anything inconsistent therewith contained in any other law for the time being in force." "34. (1) Where any industrial concern which is under a liability to the Sangstha under an agreement makes any default in pay...... 251; 35 company cases (SC) 755; 42 Company Cases 26; 28 Company Cases 216; 34 Company Cases 151; 42 Company Cases 96; 40 Company Cases 1065, MK Ranganathan & another Vs. The Government of Madras and others, AIR 1955 (SC) 604. Lawyers Involved: Rafique‑Ul-Huq, Advocate ‑ For Auction ..Category: Company Law | Date: | Hits: 193
Nowazullah and another Vs. Waz Khatun & another, 1990, 19 CLC (HCD)
.... Other Suit No.17 of 1975. 2. The plaintiffs filed Other Suit No.17 of 1975 against the defendant for reconveyance of kabala in their favour on the allegations, inter alia, that the plaintiff No.1 sold the suit land by two registered kabalas dated 1.2.68 and 2.2.68 followed by two registered deed...... reconveyance. In the result, the Rule is discharged but without any order as to costs. Let the records be sent down immediately. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 279.......d on receipt of a sum of Tk. 1500.00 from the defendant No.1 and made over the two original agreements with endorsement made on the back of the respective document signed by plaintiff No.2. 3. The trial Court framed the following issues: 1. Is the suit maintainable in its present form? 2. ......mmediately. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 279...Category: Property Law | Date: | Hits: 57
State Vs. Giasuddin and 5 others, 1990, 19 CLC (HCD)
....Judgment Qazi Shafiuddin J.- Accused Giasuddin, Almas, Abdul Awal Bhuiyan, Abdur Razzak, Tenu @ Moazzem Hossain and Abdur Rahman @ Rahman (condemned) along with Matbar Ali, Jasimudin Kubat, Saraj, son of late Amir Hossain, Minto, Farid, Alam Gazi, Alam, Akkel Ali, Abdul Karim, Abdul Kasem, Keyamu......editation, no pre‑plan or concerted action. The occurrence is nothing but an outcome of a sudden flash of rage, committed in the heat of passion and as such conviction under sections 302/149 is not called for. Mr. Huq also argues that the prosecution is also guilty of suppression of material facts......arim, Abdul Kasem, Keyamuddin, Kalazi, Sona Mia, Yakub Ali, Elim, Sabur, Nurul Islam @ Nur Islam, Seraj son of Matbar Ali, Abdul Huq, Alfaz, Hamid, Malik and Majid along with others were placed under trial before the Additional Sessions Judge, Kishoreganj in Sessions Case No.21 of 1987 and have been......7...Category: Criminal Law | Date: | Hits: 111
Tofazzal Hossain Chowdhury Vs. Mir Amanullah & others, 1992, 21 CLC (HCD)
....d case was stayed pending hearing of the Rule. 2. Facts in short as stated in the application for quashing are as follows: That the accused petitioner is one of the permanent directors and is also the Managing Director of a Private Limited Company registered under the Company's Act, 1913 being......ordance with law. Let a copy of the judgment and order be transmitted to the Court below immediately. The order of stay stands vacated. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 263.......cused petitioner surrendered before the learned Magistrate and obtained bail from him on 6.12.83. The case record was thereafter transferred to the Court of Mr. Idris Khan, the learned Magistrate for trial who was pleased to fix 31.1.84 for framing charge, but on that date charge could not be framed......€¦â€¦.………….Petitioner Vs. Mir Amanullah & others……………….Opposite Parties Judgment November 19, 1992. Cases Referred To- Farruk Ahmed Vs. Abdul Kader Chowdhury and another, 38 DLR (AD) 18; Mrs. Saleha Khatun Vs. The State, (1987) 39 DLR, 109. Lawyers Involv..Category: Criminal Law | Date: | Hits: 88
Abul Hasnat Mohammad Mohsin Vs. Dilruba Aktar and another, 2009, 38 CLC (AD)
....ourt Division in Criminal Appeal No.125 of 1991 allowing the same convicting the accused-appellant under Section 6(5) of the Muslim Family Law Ordinance, 1996 and sentencing him to suffer simple imprisonment for 3(three) months and also to pay a fine of TK. 10,000.00 in default to suffer imprisÂonm...... aside. The learned Counsel finally submitted that the appellant was not aware of about the impugned judgment and order, the learned Advocate for the accused-appellant was absent while the appeal was called for hearing by the High Court Division and as such, the impugned judgment and order of convic......sufÂfer imprisonment for more than 15 days. Accordingly, the petition is dismissed with the modification of the sentence as above only. Ed. This Case is also Reported in: VIII ADC (2011) 314....... (Civil) Present: Mohammad Fazlul Karim J Md. Joynul Abedin J Shah Abu Nayeem Mominur Rahman J Abul Hasnat Mohammad Mohsin ...........................Appellant Vs. Dilruba Aktar and another……………………………........Respondents Judgment June 4, 2009. Lawy..Category: Family Law | Date: | Hits: 185
....cting homestead and residing therein with his family for the last 51/52 years on the basis of his jote right and by adverse possession. The defendant No.4 recently disclosed that Ishaque Ali, predecessor of defendant Nos.1 and 2 instituted Title Suit No.34 of 1962 against defendant Nos.4 and 5 and p......rder of Trial Court is liable to be restored and accordingly restored.
Accordingly, the appeal is allowed without any order as to costs.
Ed.
This Case is also Reported in: VIII ADC (2011) 302.......t the High Court Division should have come to the conclusion that the plaintiff is a set up persons of the judgÂment-debtors of the Suit No.64 of 1962. The learned Counsel further submitted that the trial Court found that the plaintiff failed to prove prima facie case and posÂsession of the suit l......This Case is also Reported in: VIII ADC (2011) 302...
Category: Property Law | Date: | Hits: 65
Salma Parveen Vs. Md. Amir Hossain and others, 2009, 38 CLC (AD)
.... 3. The defendant contested the suit by filÂing written statement contending, inter-alia, that the defendant wanted to sell the suit property for purchasing a flat as she thought it would be troublesome and hazardous for her to construct a house and it was agreed between the plaintiff and defendan......tance in the submissions of the learned Counsel for the appellant. Accordingly, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: VIII ADC (2011) 293. ......anted to consider the subÂmissions of the learned Counsel for the appellant that “in view to the specific pleading by the defendant No.1-appellant in paragraph 11 of her written statement that the trial Court erred in law in failing to frame appropriate issue of fact for determining the question ......vil) Present: Mohammad Fazlul Karim J Md. Joynul Abedin J Shah Abu Nayeem Mominur Rahman J Salma Parveen...........................................Appellant Vs. Md. Amir Hossain and others………………………….Respondents Judgment March 18, 2009. Cases Referr..Category: Property Law | Date: | Hits: 112
....2009.
Cases Referred To-
J.C. Shah Vs. Ramawami and A.M. Grover, AIR SC 488; Heyman Vs. Darwins Limited, 1942 AC 356 at P.366; Supreme Co-operative Group Housing Society Vs. M/s. H.S. Nag and Associates (P) Ltd. reported in AIR 1996 SC 2443.
Lawyers Involved:
Abdur Razzak, Senior Advocat......ive and assigns).
BUY-BACK AGREEMENT
THIS Agreement is made on the 9th day of October, 2000.
BETWEEN
(1) INDUSTRIAL DEVELOPMENT AND DEVELOPMENT COMPANY OE BANGLADESH LIMITED (hereinafter called "IPDC), a Company incorporated in Bangladesh under the Companies Act, 1913 having its registe......rties in the Share Purchaser Agreement and in the Buy-Back Agreement are as follows;
SHARE PURCHASE AGREEMENT
THIS IS AN AGREEMENT MADE ON THIS THE 9TH DAY OF OCTOBER, 2000.
BETWEEN
Industrial Promotion and Development Company of Bangladesh Limited, a priÂvate limited company incorpora......2011) 240.
..
Category: Civil Law | Date: | Hits: 78
Shambhu Nath Saha & others Vs. State, 1989, 18 CLC (HCD)
....Suit No. 58 of 1979 in the 3rd Court of Subordinate Judge, Dhaka for ejectment of the petitioners from the said premises. With a view to grab the suit premises, the petitioner No. 1 in collusion with some of the employees of the DLR Office at Tejgaon, secretly tampered with documents and inserted th......s therefore, discharged. The learned Additional Metropolitan Magistrate is directed to dispose of the case as expeditiously as possible. Ed. This Case is also Reported in: 43 DLR (1991) 660. ......the Supreme Court of Bangladesh by its judgment and order dated 4.3.86, in Criminal Appeal No. 38 of 1985. 7. After the case record came back to the Court of Additional Metropolitan Magistrate for trial, the learned Magistrate examined several prosecution witnesses and petitioner No. 1 Shambhu Na......bhu Nath Saha & others................Petitioners Vs. The State...........................................Opposite Party. Judgment November 21, 1989. Case Referred to- Sanmukhsingh and others Vs. The king, AIR 1950 PC 31. Lawyers Involved: Lutfor Ranman Mondal, Advocate ‑..Category: Criminal Law | Date: | Hits: 83
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