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Kibria and Associates Ltd. Vs. Bangladesh Agricultural Development Corporation, 1992, 21 CLC (HCD)
....ters at rest arising out of the situation like the present one. In the result, we allow this appeal without any order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 712. ......rniture Private Ltd., AIR 1967 (SC) 1032; Ashok Construction Co., 1970 (SCD) 530; State of Orissa Vs. Gokula Chandra Kanungo, 1981 (Orissa) 160; Chandris Vs. Isbrandtsen Moller Co, Inc, (1950) All England Reports 618; Executive Engineer Irrigation, Galimala and others Vs. Abnaduta Jena, 1988 (SC) 15...... Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 712. ...... proceeded to settle the dispute on merit. From the award it appears that under Bill No.1 the appellant claimed in total Tk. 15,63,757.73 for compensation due to suspension of work of construction in question for a period of 47 days with effect from 2.2.83 to 20.3.83 out of the claim against item No..Category: Alternative Dispute Resolution | Date: | Hits: 156
....defendants under Order VII, rule 11 of the Code of Civil Procedure is allowed.
The plaint of title Suit No.12 of 2002 is hereby rejected.
Ed.
This Case is also Reported in: 57 DLR (2005) 34.
......defendants under Order VII, rule 11 of the Code of Civil Procedure is allowed.
The plaint of title Suit No.12 of 2002 is hereby rejected.
Ed.
This Case is also Reported in: 57 DLR (2005) 34.
......
(Civil Revisional Jurisdiction)
Present:
MA Wahhab Miah J
Inspector of Schools, Board of Secondary and Higher Secondary Education, Dhaka and others..............Petitioner
Vs.
Managing Committee, Khashmahal Balurchar High School and others……....Opposite Parties
Judgment
......affiliation of the school and from dissolving the school managing committee before the expiry of the term on 30‑12‑2002 and stopping the salary and other benefits to plaintiff No.3.
6. Similar question as is involved in the instant case came up for consideration before Division Bench of this ..
Category: Employment/Service Law | Date: | Hits: 66
....ngla, District Bagerhat, now detained in Bagerhat district jail, be set at liberty forthwith, if not wanted in connection with any other case.
Ed.
This Case is also Reported in: 57 DLR (2005) 32.......ngla, District Bagerhat, now detained in Bagerhat district jail, be set at liberty forthwith, if not wanted in connection with any other case.
Ed.
This Case is also Reported in: 57 DLR (2005) 32.......rict jail, be set at liberty forthwith, if not wanted in connection with any other case.
Ed.
This Case is also Reported in: 57 DLR (2005) 32.......ve quoted the following passage from the case of Calcutta Dock Labour Board and others Vs. Jaffar Imam, reported in AIR 1966 (SC) 282-
"The Advisory Board does not try as a Court of law would, the question about the propriety or validity of the citizen's detention; its function is limited to the ..
Category: Criminal Law | Date: | Hits: 64
AKM Haroon‑or‑Rashid & another Vs. AKM Mostafa Kamaluddin and others, 2001, 30 CLC (HCD)
....No.344 of 1997 in the 4th Court of Assistant Judge, Dhaka which on transfer to the 5th Court of Assistant Judge, Dhaka was renumbered as Title Suit No.80 of 1998 for declaration of title, recovery of possession and for cancellation of a sale deed dated 6‑2‑90 impleading the petitioners and other......1998 for declaration of title, recovery of possession and for cancellation of a sale deed dated 6‑2‑90 impleading the petitioners and others as defendants. In the plaint the valuation of the suit land was shown at Taka 25,000 only. 3. The plaintiffs’ case, in short, is that the suit proper......udge concerned immediately. Ed. This Case is also Reported in: 57 DLR (2005) 29. ...... costs. The Code of Civil Procedure, 1908 (Act No. V of 1908); Order VII rule 11(c)(d) The valuation of the suit is very important in determining the jurisdiction of the court and, as such, the question is required to be dealt with by passing a proper order assigning reasons by the learned Ass..Category: Civil Law | Date: | Hits: 68
Wahiduzzaman (Md.) Vs. Government of Bangladesh & others, 2003, 32 CLC (HCD)
.... are liable to be discharged. In the result, the Rules are discharged without any order as to cost. The stay granted earlier is vacated. Ed. This Case is also Reported in: 57 DLR (2005) 26. ...... are liable to be discharged. In the result, the Rules are discharged without any order as to cost. The stay granted earlier is vacated. Ed. This Case is also Reported in: 57 DLR (2005) 26. ......es are discharged without any order as to cost. The stay granted earlier is vacated. Ed. This Case is also Reported in: 57 DLR (2005) 26. ......ny way violated the fundamental right of equal protection as guaranteed under Article 7 or in any way violated the fundamental right as guaranteed tinder Article 31 of the Constitution. 7. Similar question arose in several writ petitions before the High Court Division and some of the writ petitio..Category: Civil Law | Date: | Hits: 79
Emdadul Hoque Vs. State, 2004, 33 CLC (HCD)
....n. Send down the LC records along with a copy of this judgment to the trial Court concerned immediately for information and necessary action. Ed. This Case is also Reported in: 57 DLR (2005) 21. ......n. Send down the LC records along with a copy of this judgment to the trial Court concerned immediately for information and necessary action. Ed. This Case is also Reported in: 57 DLR (2005) 21. ......of this judgment to the trial Court concerned immediately for information and necessary action. Ed. This Case is also Reported in: 57 DLR (2005) 21. ......ice of it. 19. Lastly, the learned Advocate for the appellant referred to a decision in the case of State Vs. Khadem Mondal reported in 1990 BLD (AD) 228, wherein it has been held that the primary question for consideration was whether the prosecution has been able to prove conclusively that the ..Category: Criminal Law | Date: | Hits: 76
Abdus Sattar Pramanik (Md) and another Vs. State and another, 2003, 32 CLC (HCD)
....r of stay granted at the time of issuance of the Rule is hereby recalled. Communicate a copy of this order to the Court concerned at once. Ed. This Case is also Reported in: 56 DLR (2004) 453.......€‘5‑2000 now pending in the Court of Magistrate, 1st Class, Bogra, should not be quashed. 2. The facts relevant for disposal of this Rule, briefly stated, are that the petitioners inherited some landed property from their grandfather. Borim Pramanik, one other successor of said Borim Pramanik r......he Rule is hereby recalled. Communicate a copy of this order to the Court concerned at once. Ed. This Case is also Reported in: 56 DLR (2004) 453.......r of stay granted at the time of issuance of the Rule is hereby recalled. Communicate a copy of this order to the Court concerned at once. Ed. This Case is also Reported in: 56 DLR (2004) 453...Category: Criminal Law | Date: | Hits: 62
Fazlur Rahman (Md) Vs. Md. Abdul Hamid, Advocate and others, 2002, 31 CLC (HCD)
.... taken in this writ petition. So, the Rule is liable to be discharged. In the result, the Rule is discharged without any order as to cost. Ed. This Case is also Reported in: 56 DLR (2004) 448....... taken in this writ petition. So, the Rule is liable to be discharged. In the result, the Rule is discharged without any order as to cost. Ed. This Case is also Reported in: 56 DLR (2004) 448.......o be discharged. In the result, the Rule is discharged without any order as to cost. Ed. This Case is also Reported in: 56 DLR (2004) 448.......ovision has been made in sub-rule (3) of Rule 5 of the Rules of Procedure and, as such, this Rule is not inconsistent with the provisions of the Constitution. 8. Before we give our decision on the question raised, we like to dispose of a preliminary objection raised on behalf of the respondent No..Category: Constitutional Law | Date: | Hits: 242
....2002, 832 of 2003, 728 of 2003, 2014 of 2003 and 2562 of 2003, therefore, have no substance and are discharged without any order as to costs.
Ed.
This Case is also Reported in: 56 DLR (2004) 444....... of area to perform his functions. In view of the aforesaid rule, it cannot be said that Government has unfettered power to appoint someone of their choice as Nikah Registrar for an unlimited area of land within the jurisdiction of Bangladesh. Furthermore, other provisions of the said Rules also sti......of 2003, therefore, have no substance and are discharged without any order as to costs.
Ed.
This Case is also Reported in: 56 DLR (2004) 444.......istant Attorney General ‑ For Respondent No. 1 (In all the Writ Petitions).
Writ Petition Nos. 6320 of 2002, 832, 728, 2014 & 2562 of 2003.
Judgment
Tariq‑ul Hakim J.- Since a common question of law arises in all these Writ Petitions they are being disposed of by the single Judgment..
Category: Civil Law | Date: | Hits: 70
Abdus Salam (Md) Vs. University of Rajshahi & others, 2004, 33 CLC (HCD)
....erty to proceed against the petitioner in accordance with law. In the result, this Rule is made absolute but without any order as to costs. Ed. This Case is also Reported in: 56 DLR (2004) 441. ......erty to proceed against the petitioner in accordance with law. In the result, this Rule is made absolute but without any order as to costs. Ed. This Case is also Reported in: 56 DLR (2004) 441. ......ith law. In the result, this Rule is made absolute but without any order as to costs. Ed. This Case is also Reported in: 56 DLR (2004) 441. ......rightly dismissed. He further submits that there is no requirement of law to furnish the copies of the earlier reports of the enquiries. Besides, the learned Advocate submits further that there is no question of allowing him a hearing in person as he did not pray for such a personal hearing in any o..Category: Employment/Service Law | Date: | Hits: 60
Padma Oil Co. Ltd. Vs. Registrar of Trade Unions & another, 2003, 32 CLC (HCD)
....he prayer of the petitioner for cancellation of registration of respondent No.2 Trade Union (respondent No. B‑48) in accordance with law. Ed. This Case is also Reported in: 56 DLR (2004) 438. ......he prayer of the petitioner for cancellation of registration of respondent No.2 Trade Union (respondent No. B‑48) in accordance with law. Ed. This Case is also Reported in: 56 DLR (2004) 438. ......ration of respondent No.2 Trade Union (respondent No. B‑48) in accordance with law. Ed. This Case is also Reported in: 56 DLR (2004) 438. ......ed by the High Court Division in Writ Petitions No. 2227, 4096 and 3597 of 2000 and thus those workers and employees still remain dismissed or terminated. 12. Regarding the submissions made on the question of maintainability of the writ petition by the learned lawyer of respondent No.2 that the p..Category: Labour and Industrial Law | Date: | Hits: 158
Rajab Ali Zulfiqar Vs. State, 1993, 22 CLC (HCD)
....o surrender to his bail bond and serve out the remaining sentence at once. Let the, records of the, case be sent down immediately. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 705. ......o surrender to his bail bond and serve out the remaining sentence at once. Let the, records of the, case be sent down immediately. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 705. ......remaining sentence at once. Let the, records of the, case be sent down immediately. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 705. ......o the accused appellant, as in the trial all other provisions of the Criminal Law Amendment Act, 1958 have been fully complied with. Further, it is contended by the learned AAG for the State that the question of jurisdiction, if any, ought to have been raised at the earliest by the defence but in th..Category: Criminal Law | Date: | Hits: 92
Air Marshal Jamaluddin Ahmed (Retd) Vs. Government of BanglaÂdesh and others, 2004, 33 CLC (HCD)
....om the date of receipt of the copy of this judgment and order. In the result, the Rule is made absolute but without any order as to costs. Ed. This Case is also Reported in: 57 DLR (2005) 1. ......and appreciate the Constitutional position of the defence services in its proper perspective, a brief look into its historical back round may be educative. 14. A thousand years ago, the King of England was himself the Commander-in-Chief of his armed forces, he was the head of the civilian governm......d order. In the result, the Rule is made absolute but without any order as to costs. Ed. This Case is also Reported in: 57 DLR (2005) 1. ......the pension of the petitioner has been withheld because of the pendency of a criminal case in which a charge-sheet had already been submitted against him and others. 11. A. Maintainability: The question of maintainability of the writ petition has also been raised since the petitioner was a mem..Category: Employment/Service Law | Date: | Hits: 148
Mozibar Rahman Molla (Md) and another Vs. Rehazuddin and others, 2003, 32 CLC (HCD)
....ons made in this judgment. Send down a copy of this judgment along with the Lower Courts Record to the trial Court at once for compliance. Ed. This Case is also Reported in: 56 DLR (2004) 427.......nstituted Miscellaneous Case No.16 of 1996 under section 96 of the State Acquisition and Tenancy Act, 1950 before the Senior Assistant Judge, Rupganj, Narayanganj for pre‑emption of .04 ½ acres of land in Plot No. 653 appertaining to SA Khatian No.140 of Mouja Vulta under police station Rupganj w......Supreme Court High Court Division (Civil Revisional Jurisdiction) Present: Nozrul Islam Chowdhury J Mozibar Rahman Molla (Md) and another……………Petitioners Vs. Md Rehazuddin and others………………………………Opposite Parties Judgment May 20, 2003. Re......ons made in this judgment. Send down a copy of this judgment along with the Lower Courts Record to the trial Court at once for compliance. Ed. This Case is also Reported in: 56 DLR (2004) 427...Category: Property Law | Date: | Hits: 98
Ziaul Hoque alias Bakul Vs. Md Sirajul Islam and others, 2002, 31 CLC (HCD)
.... election for the post of Chairman of No.15 North Ichapur Union Parishad immediately in accordance with law. Send down the records at once. Ed. This Case is also Reported in: 56 DLR (2004) 424. ...... election for the post of Chairman of No.15 North Ichapur Union Parishad immediately in accordance with law. Send down the records at once. Ed. This Case is also Reported in: 56 DLR (2004) 424. ......¦â€¦Opposite Parties Judgment March 19, 2002. Result: The Rule is made absolute. Cases Referred to- Hari Prasad Mulshankar Trivedi Vs. VB Raju and others, AIR 1973 (SC) 2601; Kabul Singh Appellant Vs. Kundan Singh and others, AIR 1970 (SC) 340; Major Ali Akbar Chowdhury Vs. Sayeedu......oral Rolls Rules, 1982 prepared under the Electoral Ordinance, 1982 has a presumption of correctness in law. He submits that section 17 of the said Ordinance clearly bars the jurisdiction of Court to question the validity of the electoral rolls prepared under the Ordinance or the legality or the pro..Category: Election Law | Date: | Hits: 156
Commander (Rtd) A A Chowdhury Vs. AKM Imam Hossain and others, 1996, 25 CLC (HCD)
.... business of Travel Agency till the end of 1988. The defendant No.1 thereafter, transferred his business of Travel Agency to the defendant No.2 with its entire stock in trade, furniture, fittings and possession of the suit premises with the knowledge and consent of the plaintiff No.2 and that defend......000.00 per month payable in advance within 7th day of each calendar month. The defendant No.1 agreed under clause 7 of this agreement that he will never do anything prejudicial to the interest of the landlord. Clause 9 of the agreement further provided that under no circumstances the defendant No.1 ......visional Jurisdiction) Present: Md. Sirajul Islam J Md. Nurul Islam J Commander (Rtd) A A Chowdhury……………………………………………..Petitioner Vs. AKM Imam Hossain and others……………………………………………….Opposite Parties Judgment ......red." We find that the defendant No.1 in violation of terms of his written agreement inducted defendant No.2 as sub‑lessee and when his own tenancy was terminated on its expiry on 1‑3‑1991, the question of defendant 2's stay in the suit premises or of notice to him does not arise. Thus we find..Category: Property Law | Date: | Hits: 65
Mokbul Ahmed Vs. Shamsul Rashid and others, 1996, 25 CLC (HCD)
....ting, inter alia, that the property described in the schedule thereto originally belonged to late Helimullah, the predecessor‑in‑interest of the appellant and the and respondent who while in such possession and enjoyment of the suit property created a mortgage in favour of one Babu Bimala Charan......by a Deed of Mortgage dated 5th Aswin, 1319 BS. The said Helimullah had 4 sons who were having independent income of their own and in order to redeem the mortgage Helimullah proposed to sell the case land at a consideration of Taka 1500.00 and they agreed to purchase the same and in pursuance thereo......eal is allowed. Cases Referred to- 37 CWN 892 (Srimati Ebratunnessa Bibi & ors Vs. Debendra Nath Sen & ors); Syed Masud Ali & ors Vs. Asmatullah & ors, 31 DLR (AD) 249; Chief Administrator of Auqaf Vs. Miah Ghulam Fareed & ors, SCMR 1993, 643. Lawyers Involved: Fazlul......not acted upon. 15. In the case referred to by the Court of appeal below reported in 37 CWN 892 (Srimati Ebratunnessa Bibi & ors Vs. Debendra Nath Sen & ors) it has been held that: The question in such circumstances is the question of intention. The law in this respect well settled. T..Category: Trust/Waqf Law | Date: | Hits: 165
Abu Bakkar Siddique Vs. Justice Shahabuddin Ahmed and others, 1996, 25 CLC (HCD)
....England, Vol. 1, 4th Edition, para 173 which provides that an information in the nature of quo-warranto did not lie unless the Court was satisfied that the person proceeded against had been in actual possession and user of the particular office in question. 9. Mr. Asrarul Hossain submits that had......so be reasonably connected with the main act. But the Court held that the words 'purported' to hold office' take effect soon after taking oath of office. He has also referred to Halsbury's Laws of England, Vol. 1, 4th Edition, para 173 which provides that an information in the nature of quo-warranto......he Appellate Division against our judgment. There will be no order as to costs. Ed. This Case is also Reported in: 49 DLR (HD) (1997) 1. ......urt or authority or hold any office of profit in the service of the Republic not being a judicial or quasi‑judicial office, or the office of Chief Adviser or Adviser." 4. The main constitutional question in this writ petition is as to, whether the retired Chief Justice Shahabuddin Ahmed is cons..Category: Constitutional Law | Date: | Hits: 200
Ripon Howlader Vs. State, 2009, 38 CLC (AD)
....the above, we find no subÂstance in the submissions of the learned Advocate for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 715.......the above, we find no subÂstance in the submissions of the learned Advocate for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 715.......issions of the learned Advocate for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 715.......investigation and accordingly prepared the seizure list of those materials but the prosecution did not produce those seized materials before the pitch and such non-production of these alamats call in question the veracity of the prosecution and such withholding of those materials to be produced by t..Category: Criminal Law | Date: | Hits: 81
Government of Bangladesh and others Vs. Mohammad Alamgir Hossain and others, 2011, 40 CLC (AD)
....ismissing the leave petition and in the facts of the instant case the judgment passed by this Court requires to be reviewed. IV. Because, admittedly the plaintiffs of the instant suit being not in possession of the suit plot and they having not prayed for recovery of possession, the trial Court a......judgment and order dated 2nd November, 2009 of this Division in Civil Petition No.1441 and 1442 of 2009. Plaintiff’s case in short is that by succesÂsive devolution they acquired title in the suit land and that government who has no right, title and interest therein are tryÂing to dispossess the......r hearing on 25th April, 2011. Ed. This Case is also Reported in: VIII ADC (2011) 702. ...... the respondents are also directed to file concise statements by 3rd April, 2011. The appeals are fixed for hearing on 25th April, 2011. Ed. This Case is also Reported in: VIII ADC (2011) 702. ..Category: Property Law | Date: | Hits: 57
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