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Moqbul Ahmed & others Vs. Shoeb Chowdhury & Others, 1990, 19 CLC (HCD)
....ion 115 of the Code of Civil Procedure. The application thus merits no consideration and the same is accordingly summarily rejected. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 156....... Vs. Narayan Biswas & Ors., 40 DLR 517; Rahim Baksha Gazi & Ors. Vs. Enbar Gazi & ors., 22 DLR 500; Ujjal Hossain & ors. Vs. Firoja Khatun & ors., 41 DLR 481; Mohomedally Tyebally and others Vs. Safiabai and others, AIR 1940 PC 215. Lawyers Involved: Mohammadullah with Moha......‑5 and one Amena Khatun as his heirs, they were substituted in his place as defendant Nos.1 (ka) to 1 (Cha). Defendant No.1 (Cha) namely, Amena Khatun, died on 2nd February, 1990 leaving behind her legal heirs husband, Mohammadullah and 4 sons namely, Tazal Islam, Jafar Ahmed, Bachu Mia and Hasan ..Category: Civil Law | Date: | Hits: 93
....d Tk. 91,000.00 as earnest money for submitting the bid. The petitioner alleged that at the time of advertisement respondent 2 did not disclose that the lands underneath the factory were lease‑hold property. Rather, it gave an impression that the said lands were absolutely held by M/s Drums Metal ......
High Court Division
(Special Original Jurisdiction)
Present:
AM Mahmudur Rahman J
Mahmudul Amin Choudhury J
National Engineers Ltd.…………Petitioner
Vs.
Director, Military Lands and Cantonment Directorate and others ……..Respondents
Judgment
August 27, 1991.
Ca......exure‑A, issued by Respondent 1 and the order dated 18.6.1988 as contained in Memo. No.BD/LC/375/86/70, Annexure‑B. issued by respondent 2, have been passed without lawful authority and are of no legal effect.
2. The aforesaid rule has been issued upon a voluminous application annexing to it ..
Category: Property Law | Date: | Hits: 92
Taslimuddin alias Tasir and others Vs. State, 1991, 20 CLC (HCD)
.... in search of his father and on the way at about 8‑00 PM he saw Nawshed, Fazlur Rahman and Tasiruddin passing away quickly through the pathway. Because of previous enmity and litigation over landed property with them, the informant's brother became suspicious about their movement. The informant al......ported in: 44 DLR (HCD) (1992) 136.......om apparent infirmities so as to connect the appellants with the commission of the offence of murdering Masharuddin and the appellants having been convicted on surmises and conjectures rather than on legal evidence the judgment and the order of conviction cannot be sustained. 8. Mr. SA Hasan, the..Category: Criminal Law | Date: | Hits: 76
A Elahee & Co. Vs. MM Aziz and others, 1991, 20 CLC (HCD)
....Judge, however, rejected the application vide his order dated 4.6.90 holding that the defendant had not specified the security he was willing to offer. Another application was filed offering i landed property situated in Chittagong City as a security and prayer was made for release from the attachme......igh Court Division Appellate Jurisdiction (Civil) Present: Anwarul Haque Chowdhury J Kazi Ebadul Hoque J A Elahee & Co……………………….Petitioner Vs. MM Aziz and others...…………..Opposite Parties Judgment February 26, 1991. Cases Referred to-...... record. It is his submission that in the instant case, the provision of Order 12, rule 6 of the Code of Civil Procedure is applicable and the Court has rightly passed the order causing no error or illegality or causing any injustice because the plaintiff in fact claimed much more than what is parti..Category: Civil Law | Date: | Hits: 104
Bangladesh and others Vs. Abdul Aziz, 2011, 40 CLC (HCD)
....are as follows: the opposite party as plaintiff filed Title Suit No.110 of 2005 in the Court of Senior Assistant Judge, Nasirnagar, Brahmanbaria praying for declaration of his title over the suit property mentioned in the schedule of the plaint. 3. The plaintiff in the plaint had stated, inte......LCR at once. Ed. This Case is also Reported in: 16 BLC (2011) 897.......e decision in the case of Abul Hossain Vs. Amjad Hossain reported in 62 DLR (AD) 436 in support of her contention. 12. Now, the point for determination is whether the Court below committed any illegality or material irregularity in passing his decision which is occasioning any failure of justic..Category: Procedural Law | Date: | Hits: 72
Kazi Rokanuddin Ahmed and others Vs. Chairman, 1st Labour Court and others, 2011, 40 CLC (HCD)
....Bangladesh Labour Law (Criminal) Case No. 370 of 2010 is hereby declared unlawful, malafide, out of jurisdiction and is of no legal effect. Ed. This Case is also Reported in: 16 BLC (2011) 892. ......This Case is also Reported in: 16 BLC (2011) 892. ...... Case No.370 of 2010 under section 307 and 310 of the Bangladesh Labour Law, 2000 now pending before the respondent No. 1, should not be declared unlawful, mala fide, out of jurisdiction and is of no legal effect. 2. Facts leading to this case, in short, are that the respondent No. 2 was an emplo..Category: Labour and Industrial Law | Date: | Hits: 156
Iqbal Hossain and six others Vs. Chairman, Labour Appellate Tribunal and Others, 2011, 40 CLC (HCD)
....he respondent No.2) should not be declared to have been passed without lawful authority and is of no legal effect and/or such other or further order or orders passed as to this Court may seem fit and proper. 3. The fact of the Writ Petition No.7476 of 2010, in a nut-shell, is that the petitioner ......Ed. This Case is also Reported in: 16 BLC (2011) 889. ......002, 7/2002, 9/2002, 10/2002, 17/2002 and 20/2002 vide Annexure-A to the 1st Labour Court, Dhaka (the respondent No.2) should not be declared to have been passed without lawful authority and is of no legal effect and/or such other or further order or orders passed as to this Court may seem fit and p..Category: Labour and Industrial Law | Date: | Hits: 161
....n Case No.153 of 2009 should not be declared to have been passed without any lawful authority and is of no legal effect and/or such or further order or orders passed as to this court may seem fit and proper.”
2. By the Rule issuing order the proceeding of the Artha Execution Case No.153 of 2010......n: 64 DLR (HCD) (2012) 116.
...... dated 22.06.2010 passed by the respondent No.2, the Artha Rin Adalat No.4, Dhaka in Artha Rin Case No.153 of 2009 should not be declared to have been passed without any lawful authority and is of no legal effect and/or such or further order or orders passed as to this court may seem fit and proper...
Category: Civil Law | Date: | Hits: 147
State Vs. Ashraf Ali and others, 2009, 38 CLC (HCD)
.... কাছে দেয়া হবে না প্রশ্নে উল্লেখ নেই”। This witness denied the suggestion of the defence that he did not record the statement properly and applying judicial mind. P.W. 18 Doctor Abdul Kalam Azad, the Residential Medical Of......isdiction) Present: Mashuque Hosain Ahmed J M. Enayetur Rahim J The State ………………………………………………………………..Appellants Vs. Ashraf Ali and others ………………………………………………Respondent Ashraf Ali and others......D, Page-352. 15. Mr. Hafizur Rahman Khan, the State defence lawyer adopted the argument made by the learned Advocate Mr. Reza Uddin Khan and further submits that the Druta Bichar Tribunal acted illegally in convicting the accused-Saiful Islam and A. Jalil relying upon the confessional statement ..Category: Criminal Law | Date: | Hits: 82
SM Naimul Hoque Vs. Additional Deputy Commissioner (City) Dacca and others, 1981, 10 CLC (HCD)
....que, the present petitioner herein forthwith. With the aforesaid direction this Rule is made absolute without any order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 520.......ginal Jurisdiction) Present: Syed Muhammad Husain J Latifur Rahman J SM Naimul Hoque ...................................Petitioner Vs. Additional Deputy Commissioner (City) Dacca and others ……………Respondents Judgment January 29, 1981. Lawyers Involved: MI Fa......led to obtain a certified copy of the relevant papers in the proceeding including the order sheet of the prescribed authority to enable the aggrieved party concerned to file an appeal or take further legal proceeding according to law. Thus the impugned order passed by the Additional Deputy Commissio..Category: Property Law | Date: | Hits: 65
....ly childless son of late Sakhi Lal Roy Chowdhury, a Zaminder of village Baliati in the District of Manikganj which happened in 1924, his father Sakhi Lal Roy Chowdhury created a trust of an immovable property by a registered Instrument of Trust executed on 10th April, 1926 corresponding to 27th Chai......Reported in: 45 DLR (HCD) (1993) 512.
......882. The appellant‑petitioner No. 2 lodged an objection to the Additional Deputy Commissioner (Rev.) praying for cancellation of the aforesaid order dated 20.1.81 the inter alia, that as he was the legal trustee by an functioning as such as per terms and conditions of the Trust Deed no other trust..
Category: Trust/Waqf Law | Date: | Hits: 183
State Vs. Sree Ram Krisna Nath (Ram Babu) and another, 2011, 40 CLC (AD)
.... evidence where an offence was disclosed in the FIR. 8. Mr. Khondkar Dilruzzaman, the learned Deputy Attorney General on behalf of the State-appellant submits that the second FIR was lodged by the proper authority and after due investigation police submitted charge-sheet on 30.09.2005. There bein...... Md. Momtazuddin Ahmed J Md. Shamsul Huda J The State…………………………………………………………………………Appellant Vs. Sree Ram Krisna Nath (Ram Babu) and another……... Respondents Judgment October 12, 2011. Case Referred to- Abdus Sala......orney General on behalf of the State-appellant submits that the second FIR was lodged by the proper authority and after due investigation police submitted charge-sheet on 30.09.2005. There being no illegality in filing a second FIR, the High Court Division erred in law in quashing the proceedings wh..Category: Criminal Law | Date: | Hits: 83
Abdur Rahim Vs. Momotaz Begum and others, 2011, 40 CLC (HCD)
.... No. 5 had been serving in Saudi Arabia. The defendant Nos.1 and 2 are the daughters of the plaintiff. Their husbands are clever men. The defendant Nos.1 and 2 made attempts several times to grab the property of the plaintiff fraudulently. The plaintiff executed a power of attorney on 31.08.2004 in ...... Division (Civil Revision Jurisdiction) Present: Hasan Foez Siddique J Jahangir Hossain J Abdur Rahim…………………………………………Petitioner Vs. Momotaz Begum and others……………....Opposite parties Judgment July 27, 2011. Cases Referred to- ......ind holding that the interest of the defendant No. 4 will be protected if he contests the suit as defendant in the suit. It appears to us that since the learned Joint District Judge committed gross illegality in rejecting the earlier application of the petitioner, we are of the view that the second ..Category: Limitation Law | Date: | Hits: 219
Saijuddin Molla Vs. Abdur Rahman and others, 2011, 40 CLC (HCD)
.... 9. Mr. Probir Halder, the learned Advocate appearing for the opposite party No.1, on the other hand, supports the impugned judgments of two Courts below which were according to him just, correct and proper. He submits that the pre-emption should not be refused on the sole ground of non-joinder of a......urt High Court Division (Civil Revision Jurisdiction) Present: Sheikh Abdul Awal J Saijuddin Molla…………………………………….......Petitioner Vs. Abdur Rahman and others………………………..Opposite-parties Judgment November 22, 2011. Cases R......n Pre-emption Miscellaneous Case No.21 of 2003 is set-aside. Let a copy of this judgment along with lower Court's record be sent down at once. Ed. This Case is also Reported in: ..Category: Property Law | Date: | Hits: 62
Md. Nazimuddin Vs. Government of Bangladesh and others, 2011, 40 CLC (AD)
....e of birth of the petitioner was 08.04.1947 and the same should be recorded instead of 04.08.1952 in his Memo No. St/604/31 dated 24.06.2002. After about 30 years the audit objection is not legal and proper and the petitioner sustained loss and injury because of the objection of the Audit Department......ahmud Hossain J Muhammad Imman Ali J Mohammad Mamtaz Uddin Ahmed J Md. Nazimuddin……………………………………………………….Petitioner Vs. Government of Bangladesh and others…………………..Respondents Judgment August 25, 2011. Cases Referred to- ......at the date of birth of the petitioner was 08.04.1947 and the same should be recorded instead of 04.08.1952 in his Memo No. St/604/31 dated 24.06.2002. After about 30 years the audit objection is not legal and proper and the petitioner sustained loss and injury because of the objection of the Audit ..Category: Administrative Law | Date: | Hits: 196
Jiban Bima Corporation and another Vs. A.K.M. Harun-Or-Rashid and others, 2011, 40 CLC (AD)
....t was held that since the respondent had worked beyond 22.8.2002 without any objection raised from the appellant’s side and the appellant stayed having got the work from the respondents, it was not proper at the latest date to make recovery of salary. 9. We have considered the submissions of t......zammel Hossain CJ Md. Abdul Wahhab Miah J Nazmun Ara Sultana J Syed Mahmud Hossain J Muhammad Imman Ali J Md. Momtazuddin Ahmed J Md. Shamsul Huda J Jiban Bima Corporation and another……………………..Appellants Vs. A.K.M. Harun-Or-Rashid and others………...... No.2146 of 2003 before the High Court Division challenging the Memo No.JIBIK/Ka:Pra:7-600/976/2002 dated 19.02.2002 issued by the writ respondent No.3 praying for declaration that the said Memo is illegal, without jurisdiction, without lawful authority and is of no legal effect and further declarat..Category: Employment/Service Law | Date: | Hits: 58
Kazi Abdul Awal Zewar Rashid Vs. Dhaka Municipal Corporation and another, 1990, 19 CLC (HCD)
....s directed against an order dated 8.11.89 passed by the learned Subordinate Judge, 1st Court, Dhaka in Title Suit No.581 of 1985 rejecting an application for local investigation to ascertain the suit property. 2. The petitioners as plaintiff instituted Title Suit No.581 of 1985 in the 1st Court S......rt High Court Division (Civil Revisional Jurisdiction) Present: Anwarul Haque Chowdhury J Kazi Ebadul Hoque J Kazi Abdul Awal Zewar Rashid being dead his heirs Adnan Rashid (Minor) and others …………………Petitioners Vs. Dhaka Municipal Corporation and another ... ......t his report within fifteen days from appointment. The stay granted earlier is thereby vacated. Communicate this order at once. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 509. ..Category: Property Law | Date: | Hits: 71
....‘I’ and ‘L’, but has stated that it was compelled to file the writ petition, and bona fide thought that the order of the learned Assistant Judge dated 31.10.90 rejecting the plaint being an improper and erroneous order, it would be "cured before the Learned Assistant Judge by filing an appli...... Habibur Rahman J
Mainur Reza Chowdhury J
Khapan Bittahin Co-operative Society Ltd……………Petitioner
Vs.
Nagendra Mahisya Das, Secretary, Nijkurua Matsyajibi Samabaya Samity Ltd. and others………………Represented.
Judgment
December 12, 1991.
Cases Referred to-
......90 passed by the Upazila Nirbahi Officer annexed to the writ petition as Annexures‑“T” and "J" respectively should not be declared to have been made without any lawful authority and to be of no legal effect. A copy of the Writ Petition No.2551 of 1990 with annexures is annexed to this petition..
Category: Civil Law | Date: | Hits: 87
....ion under Article 102 of the Constitution.
In view of our aforesaid discussion, we discharge the Rule without any order as to costs.
Ed.
This Case is also Reported in: 45 DLR (HCD) (1993) 498.......lso Reported in: 45 DLR (HCD) (1993) 498.......s to why the eviction of the petitioners on 19.8.1985 without providing for alternative plots for their rehabilitation should not be declared to have been passed without lawful authority and is of no legal effect and why they should not be directed to provide plots to the petitioners as undertaken b..
Category: Property Law | Date: | Hits: 79
Nurul Islam Vs. Morshedul Alam and Others, 2011, 40 CLC (AD)
....das and 1 kara of land out of the suit land to Md. Putan by a registered kabala dated 10.06.1912. In course of time, Md. Putan executed a power of attorney in favour of his eldest son Ali Hossain for proper management and administration of the suit property as he was unable to look after the propert......hmud Hossain J Muhammad Imman Ali J Mohammad Mamtaz Uddin Ahmed J Md. Shamsul Huda J Nurul Islam Chowdhury…………………………………….Appellant Vs. Morshedul Alam and Others………………………………Respondents Judgment July 20, 2011. Cases Re......ce with the impugned judgment and decree. Accordingly, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 64 DLR (AD)(2012) 3, 32 BLD (AD) (2012) 25. ..Category: Property Law | Date: | Hits: 116
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