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Md. Abdul Based Sheikh and others Vs. Md. Jinder Ali Khan and others, 2011, 40 CLC (AD)

....In the premises, we do not find any sub­stance in the leave petition. Accordingly, the petition is dismissed. End. This Case is also Reported in: VIII ADC (2011) 515.......en discussed or considered by the Appellate Court below and as pointed out by the High Court Division, he found it difficult to make any submission in support of the leave petition, since found to be time barred. In the premises, we do not find any sub­stance in the leave petition. Accordingl......d to be time barred. In the premises, we do not find any sub­stance in the leave petition. Accordingly, the petition is dismissed. End. This Case is also Reported in: VIII ADC (2011) 515.......d to be time barred. In the premises, we do not find any sub­stance in the leave petition. Accordingly, the petition is dismissed. End. This Case is also Reported in: VIII ADC (2011) 515...

Category: Procedural Law | Date: | Hits: 66

Bangladesh Sugar and Food Industries Corporation Vs. Depak Kumar Pal and others, 2011, 40 CLC (AD)

....t­ed within 1(one) month. The order of status quo granted earlier shall continue till disposal of the appeal. Ed. This Case is also Reported in: VIII ADC (2011) 508.......me of the CDA were pro­moted as El in the year between 1985 and 1986 and the others were directly recruited as EI during the same period. Therefore, after 1985-86 all the petitioners were EI. At the time of joining as CDA and EI the Pay Scales were Tk. 888-1630 and Tk.1000-2280 and the said Pay Sca......k. 1,000/- is to be deposit­ed within 1(one) month. The order of status quo granted earlier shall continue till disposal of the appeal. Ed. This Case is also Reported in: VIII ADC (2011) 508.......k. 1,000/- is to be deposit­ed within 1(one) month. The order of status quo granted earlier shall continue till disposal of the appeal. Ed. This Case is also Reported in: VIII ADC (2011) 508...

Category: Employment/Service Law | Date: | Hits: 85

Continental Traders (BD) Ltd. Vs. Co. and GE Sea Services Ltd & others, 2011, 40 CLC (HCD)

....al for expeditiously hearing as and when the appeal is ready. Ed. This Case is also Reported in: VIII ADC (2011) 505. ......ry of damage and release of empty containers lying in a private ware­house owned by defendant No. 1 which has nothing to do with the contract of carriage of good by vessel at the rele­vant point of time and therefore the jurisdiction of Admiralty Court cannot be attracted under the facts and cir­......earing of the appeal. The parties are at liberty to mention the appeal for expeditiously hearing as and when the appeal is ready. Ed. This Case is also Reported in: VIII ADC (2011) 505. ......earing of the appeal. The parties are at liberty to mention the appeal for expeditiously hearing as and when the appeal is ready. Ed. This Case is also Reported in: VIII ADC (2011) 505. ..

Category: Admiralty Law or Maritime Law | Date: | Hits: 338

Md. Kabir Hossain and others Vs. Abdur Razzak Mallik and others, 2010, 39 CLC (AD)

....limita­tion. In view of the above, we find no merit in this petition. The petition is accordingly dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 486. ......ivision on the point of limita­tion. In view of the above, we find no merit in this petition. The petition is accordingly dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 486. ......e. Defendant Nos.1-9 thereupon insti­tuted Title Suit No.106 of 1986 in the Court of Munsiff, Jhalakati for declaration of title in respect of the lands in plot No.591 of S.A. Khatian No.311 and for recovery of possession. The defendant Nos. 2-5 having realised the defect filed a solenama on 8th Se......ivision on the point of limita­tion. In view of the above, we find no merit in this petition. The petition is accordingly dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 486. ..

Category: Property Law | Date: | Hits: 62

Tuglak Khan Vs. Md. Sultan Nasiruddin, 1991, 20 CLC (HCD)

..... Md. Sultan Nasiruddin……………………Opposite Party Judgment June 13, 1991. Result: The Rule is discharged. Lawyers Involved: TH Khan, with Kazi Shahabuddin Ahmed, Advocates ‑ For the Petitioner. Rafiqur Rahman, with Serajur Rahman, Advocates ‑ For the Opposite ...... of property, may be proved, except in cases in which such contract, grant or disposition of property is by law required to be in writing, or has been registered according to the law in force for the time being as to the registration of documents. Proviso (5)‑ Any usage or custom by which incid......ces of the case, the parties are directed to bear their respective costs. The stay order granted by this Court earlier is vacated. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 615. ......ces of the case, the parties are directed to bear their respective costs. The stay order granted by this Court earlier is vacated. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 615. ..

Category: Property Law | Date: | Hits: 87

Abdur Razzaque Vs. Bangladesh Agricultural Deve­lopment Corporation and others, 1991, 20 CLC (HCD)

.... (Special Original Jurisdiction) Present: Qazi Shafluddin J Mainur Reza Chowdhury J Abdur Razzaque……………………Petitioner Vs. Bangladesh Agricultural Deve­lopment Corporation and others…………………Respondents Judgment December 18, 1991. Result: The......(1), (2) and (3) of section 3 of the Public Servants (Dismissal on Conviction) Ordinance, Ordinance No. V of 1985 reads as follows: "(1) Notwithstanding anything contained in any other law for the time being in force or in any rule, regulation, bye‑law, instrument or contract or in any terms an...... that the petitioner be reinstated in his service at once. In the result, the Rule is made absolute without any order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 613. ...... that the petitioner be reinstated in his service at once. In the result, the Rule is made absolute without any order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 613. ..

Category: Employment/Service Law | Date: | Hits: 67

Abu Sufian and Others Vs. State, 1993, 22 CLC (HCD)

....upreme Court High Court Division (Criminal Revisional Jurisdiction) Present: AKM Sadeque J Mahfuzur Rahman J Abu Sufian and 3 Ors……………………Petitioners Vs. The State…………………Opposite Party (Criminal Revision No.489 of 1992) Md. Obaidul Hoq and 10 ......behalf of the accused being in absentia. That day the petitioners submitted an application to the learned Sessions Judge for stopping the trial and releasing them on the ground of expiry of specified time of trial whereupon the learned Sessions Judge passed an order directing the bench clerk to coun......Sessions Case No.12 of 1990 be stopped and the accuseds be released for the present. Both the Rules are governed by this Judgment. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 610. ......Sessions Case No.12 of 1990 be stopped and the accuseds be released for the present. Both the Rules are governed by this Judgment. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 610. ..

Category: Criminal Law | Date: | Hits: 58

Abul Ahsan Joardar Vs. Kazi Misbahul Alam, 1992, 21 CLC (HCD)

.... Cases Referred to- Haji Azizur Rahman and others Vs. Syeedul Haque Chowdhury, 38 DLR 4; Ansaruddin Molla Vs. Hamed Molla and others, 18 DLR page 295. Lawyers Involved: ABM Khairul Huq, Advocate ‑ For the Petitioner. No one ‑ For Opposite Party. Criminal Revision No.229 of 1985. ......r in the alternative why the order dated 9.10.85 complained of in the petition should not be set aside or such other or further order or orders passed as to this Court may deem fit and proper. At the time of issuance of the Rule all further proceedings in Petition Case No.11016a of 1984 pending in t......e order of stay granted by this Court is vacated. Let a copy of this judgment and order be transmitted to the Court below at once. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 606. ......e order of stay granted by this Court is vacated. Let a copy of this judgment and order be transmitted to the Court below at once. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 606. ..

Category: Criminal Law | Date: | Hits: 98

Shamima Khatoon and another Vs. Bangladesh, represented by the Secretary, Ministry of Works and others, 1993, 22 CLC (HCD)

....ase is also Reported in: 45 DLR (HCD) (1993) 601. ......e erstwhile Government of East Pakistan. The lessee, Md. Moinuddin, paid the premium of the lease in part and got possession in the disputed house. He also paid rent of the disputed house. After some time Md. Moinuddin, the lessee, contracted to sell the disputed house to the petitioner No.1 for a t......spondents to restore possession of the disputed house to them. The Rule is, accordingly, discharged without any order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 601. ......spondents to restore possession of the disputed house to them. The Rule is, accordingly, discharged without any order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 601. ..

Category: Property Law | Date: | Hits: 89

Mahfuzur Rahman Vs. Bangladesh Forest Industries Development Corporation (BFIDC), 1992, 21 CLC (HCD)

.... (Special Original Jurisdiction) Present: AKM Sadeque J Mainur Reza Chowdhury J Mahfuzur Rahman…………………Petitioner Vs. Bangladesh Forest Industries Development Corporation (BFIDC) represented by the Chairman having registered office at 73, Motijheel Commercial Area ......ner verbally and asked him a few questions and to sign on certain papers and he put his signature on good faith. He also claims that no witness from the prosecution or the defence was examined at the time of the enquiry. Thereafter the petitioner was removed from service of the Corporation under off......, 1976. We also find from the Corporation's Rule dated 25.6.65 that the following penalties could be imposed by the Corporation for misconduct‑ (a) postponement or stoppage of increment; (b) recovery from the pay and security deposits the whole or part of any pecuniary loss caused to the Co......legal and without lawful authority and to be of no legal effect. In the result, the Rule is made absolute with no order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 598...

Category: Employment/Service Law | Date: | Hits: 177

Aftabur Rahman Vs. State, 1993, 22 CLC (HCD)

....e Court High Court Division (Criminal Revisional Jurisdiction) Present: Habibur Rahman Khan J Mohammad Fazlul Karim J Aftabur Rahman……………………Petitioner Vs. State……………………Opposite Party Judgment July 26, 1993. Result: The Rule is ma......y Attorney‑General, has submitted that as the complicity of the accused transpired very recently in the case during the investigation and the accused was shown arrested in the case on 22.6.93 at a time when he was already in jail custody, is sufficient compliance of section 167 Cr.P.C. and the M......aka University Campus and created a reign of terror and during investigation it transpired that the accused was seen with other accused before the occurrence and for the sake of investigation and for recovery of arms it is necessary to interrogate him. 11. On 30.6.93 an application was filed on b......nt Police Commissioner, (Detective), DMP and public prosecutor for remand of the accused petitioner for 5 days alleging the petitioner is the leader of an armed terrorist group being in possession of arms as the group had committed terrorist activities in the city including Dhaka University Campus a..

Category: Criminal Law | Date: | Hits: 87

Shamsuddin Vs. The State, 1990, 19 CLC (HCD)

....rt is hereby affirmed. Let the lower court records be sent down at once. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 587. ......nt. On getting this information the officer‑in‑charge of the police station went to the house of the accused, found the dead body of deceased Rozina Khatun and held inquest over the same. At that time he noticed some injuries on the left side of the ribs as well as on the right cheek of the dece......nd sentence passed against this appellant by the trial Court is hereby affirmed. Let the lower court records be sent down at once. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 587. ......ction he found one linear fracture of the left parietal bone underneath the said injuries and also found bruises on the forehead, face, both cheeks and both lips and shoulders and also bruises on the arms and both breasts and left side of the back and also on the hips region, thighs and both legs. T..

Category: Criminal Law | Date: | Hits: 66

Sufia Khatun and others Vs. Abdul Majid and others, 1992, 21 CLC (HCD)

....r as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 584. ......On 29.4.89 Misc Case No.26 of 1989 was taken up for hearing by the learned District Judge who dismissed the aforesaid Misc. Case ex parte on the ground that the petition for restoration was barred by time. 5. Being aggrieved and dissatisfied with the impugned order plaintiff petitioner moved the ......desired by the learned Advocate for the plaintiff petitioner. In the result, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 584. ......desired by the learned Advocate for the plaintiff petitioner. In the result, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 584. ..

Category: Procedural Law | Date: | Hits: 74

Mst. Momtaz Begum Vs. Anowar Hossain, 2011, 40 CLC (AD)

....n of Dr. Rabia Bhuiyan. The appeal is, therefore, allowed with costs of Tk.10,000/-. Ed. This Case is also Reported in: VII ADC (2011) 855; 17 MLR (AD) (2012) 201. ......ce in the Family Court. She claimed that though their marriage was solemnized according to Mohammedan Law, the Kabinnama was not registered. They lived as husband and wife together for a considerable time and the marriage was duly consummated. With the passage of time the respondent became more gree...... find merit in contention of Dr. Rabia Bhuiyan. The appeal is, therefore, allowed with costs of Tk.10,000/-. Ed. This Case is also Reported in: VII ADC (2011) 855; 17 MLR (AD) (2012) 201. ...... find merit in contention of Dr. Rabia Bhuiyan. The appeal is, therefore, allowed with costs of Tk.10,000/-. Ed. This Case is also Reported in: VII ADC (2011) 855; 17 MLR (AD) (2012) 201. ..

Category: Family Law | Date: | Hits: 318

SM Abdur Rob Vs. Bangladesh, represented by the Secretary, Ministry of Local Government, Rural Development and others, 1991, 20 CLC (HCD)

....er Vs. Bangladesh, represented by the Secretary, Ministry of Local Government, Rural Development and others..................Respondents Judgment December 19, 1991. Result The application is summarily rejected. Lawyers Involved: Habibul Islam Bhuiyan with Asaduzzaman, Advocat......fixed 11th August, 1988 for administering oath of office for the petitioner and thereafter, on further application filed by the petitioner, the Deputy Commissioner, Pabna is said to have extended the time to administer oath to the petitioner until the judgment in Criminal Appeal No.95 of 1986 of the......s of the said Union Parishad in the last week of January, 1992. On the grounds stated above the application is summarily rejected. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 581. ......s of the said Union Parishad in the last week of January, 1992. On the grounds stated above the application is summarily rejected. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 581. ..

Category: Election Law | Date: | Hits: 129

Abdul Karim Vs. Shamsul Alam, 1993, 22 CLC (HCD)

.... dismissed. The impugned judgment of the Court of appeal below is returned. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 578. ......n business with the complainant since 1982. He having no show room or sale centre he used to sell his imported motor pumps through the complainant's initial intention of cheating the appellant at the time shop by delivering the same in Dhaka and there was of receiving the amounts of money from him t......ed with the help of police of Doublemooring police station. Thereafter complainant filed the complaint case before the Metropolitan Magistrate, Dhaka on 25.8.85. The complainant therefore, prayed for recovery of the said goods and punishment of the accused for cheating. 3. Defence of the accused ......sition of additional duty. In the result, the appeal is dismissed. The impugned judgment of the Court of appeal below is returned. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 578. ..

Category: Criminal Law | Date: | Hits: 69

Gias Uddin Vs. State, 2002, 31 CLC (HCD)

....gment to the trial Court concerned immediately for information and necessary action. Ed. This Case is also Reported in: 55 DLR (2003) 328.......but in such a case there would have been no fracture. Fracture can only take place when struck by a weapon or a hard article. The fracture was seen after cutting open the skull of the deceased at the time of post‑mortem examination. In cross he further stated that the body was decomposed. He denie...... 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: 55 DLR (2003) 328....... 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: 55 DLR (2003) 328...

Category: Criminal Law | Date: | Hits: 51

Seing Hia Maung Vs. Government of Bangladesh and others, 2000, 29 CLC (HCD)

....¦â€¦â€¦â€¦â€¦Petitioner Vs. Government of Bangladesh and others…….Respondent Judgment March 3, 2000. Result The Rule is made absolute. Lawyers Involved: Murad Raza, Advocate‑For the Petitioner. Zaman Akhter Assistant Attorney‑General‑For the State. Writ Peti......yapara, Eidgor, PS Rama, Dist Cox's Bazar now detained in the Cox's Bazar District Jail be set at liberty at once if not wanted in any other connection. The detenu be released within three hours from time of receipt of the order. Ed. This Case is also Reported in: 55 DLR (2003) 327.......be set at liberty at once if not wanted in any other connection. The detenu be released within three hours from time of receipt of the order. Ed. This Case is also Reported in: 55 DLR (2003) 327....... grounds for detention at Annexure‑A1 and has submitted that the grounds are all vague. He has pointed out that though it is mentioned that there is specific information about possession of illegal arms by the detenu no arms were recovered from the possession of the detenu nor any specific case un..

Category: Criminal Law | Date: | Hits: 55

Reliance Auto Ltd. Vs. Commissioner of Customs, Customs House, Chittagong and others, 2003, 32 CLC (HCD)

....uto Ltd…………...Petitioner Vs. Commissioner of Customs, Customs House, Chittagong and ors……….Respondents Judgment March 31, 2003. Lawyers Involved: Md. Aman Ullah, Advocate-For the Petitioner. Nahid Mahtab, Assistant Attorney-General-For the Respondents. Writ Pet......ppeared that the vehicle was manufactured in the year 1992, but on scrutiny of the Chassis Book and furnished documents simultaneously appeared that the vehicle was made in the year 1989/1990 or some time before that and, as such, the vehicle is more than 5 years old and under the existing import po...... inordinate delay speaks a volume against the Customs authority. In the result, the Rule is made absolute without any order as to costs. Ed. This Case is also Reported in: 55 DLR (2003) 322. ...... inordinate delay speaks a volume against the Customs authority. In the result, the Rule is made absolute without any order as to costs. Ed. This Case is also Reported in: 55 DLR (2003) 322. ..

Category: Business or Commercial Law | Date: | Hits: 209

Munsur Fakir and others Vs. State, 2003, 32 CLC (HCD)

....s not wanted in connection with any other case. Send down the records at once. Ed. This Case is also Reported in: 55 DLR (2003) 307. ......lawful assembly in prosecution of the common object of that assembly, or such as the members of that assembly knew to be likely to be committed in prosecution of that object, every person who, at the time of committing of that offence, is a member of the same assembly, is guilty of that offence." ......appellant Mansur Fakir be set at liberty forthwith if he is not wanted in connection with any other case. Send down the records at once. Ed. This Case is also Reported in: 55 DLR (2003) 307. ...... running away from the place of occurrence. 41. It further appears from the evidence that appellant Mansur Fakir and absconding Fazal Fakir had knives in their waist while other appellants had no arms. 42. The common object of the accused as made out by prosecution, particularly in the charge..

Category: Criminal Law | Date: | Hits: 60