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Halima Bibi Vs. The Chairman & another, 1992, 21 CLC (HCD)
....o legal effect. The property in question stands excluded from the list of abandoned property. We, however, make no order as to cost. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 197.......tual lease is annexed hereto and marked as Annexure 'C' to the petition. After purchase of the same property Syed Mosaheb Ali mutated his name in the Revenue Records of the Govt. and in the Municipal records as owner thereof. He also paid rents and levies. Photostat certified copies of mutated SA Kh......itted that as per clause 3 of Article 7 of the Order, a person in occupation of abandoned property if sought to be evicted there from is entitled to show cause notice or period i.e. 7 days within the service of notice and if he failed to do so, the Deputy Commissioner or the Sub‑Divisional Officer..Category: Property Law | Date: | Hits: 64
Moulvi Gholam Moula Vs. Secretary, Ministry of Education, 1992, 21 CLC (HCD)
....le to petitioner to get the appeal heard by Respondent No.1. In view of this matter the petitioner is entitled to relief sought for. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 195.......le to petitioner to get the appeal heard by Respondent No.1. In view of this matter the petitioner is entitled to relief sought for. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 195.......ges were drawn against the petitioner to which petitioner replied denying all the charges. Thereafter, on enquiry, charge framed was found to be true and genuine and the petitioner was dismissed from service on 6.11.84 with effect from 6.3.83 the Respondent No.2. The true copy of the dismissal order..Category: Administrative Law | Date: | Hits: 164
Kudrat‑E‑Elahi Panir and others Vs. Bangladesh, 1991, 20 CLC (HCD)
....ng the State to provide adequate means of livelihood to every citizen, or that the ownership and control of the material resources of the community be so distributed as best to subserve the common good, or that there should be equal pay for equal work for both men and women." (Ibid. P. 1508). ......nterpretation of the Constitution, particularly, Articles 7(2), 8(2), 9 and 59 read with the first item of Article 152(1) thereof. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 179. ......ts made by the Government. The Parishad had power to appoint officers and employees to assist it. Under section 26 of the repealed Ordinance the Government had power to transfer any institution or service maintained by the Parishad to the management and control of the Government and vice versa. ..Category: Constitutional Law | Date: | Hits: 461
Yunus Kha and others Vs. Abdul Momin and others, 2011, 40 CLC (AD)
....ation of materials on record do not call for interference. Accordingly the civil petition for leave to appeal is dismissed summarily. Ed. This Case is also Reported in: VIII ADC (2011) 613. ...... instituted Title Suit. No. 44 of 1993 in the Court of Senior Assistant Judge, Sarail, Brahmanbaria for partition claiming that the suit property originally belonged to Golap Jan Bibi and that it was recorded in her name. After death of Golap Jan Bibi, the suit property devolved upon her two daughte......ation of materials on record do not call for interference. Accordingly the civil petition for leave to appeal is dismissed summarily. Ed. This Case is also Reported in: VIII ADC (2011) 613. ..Category: Property Law | Date: | Hits: 73
Bangladesh Public Service Commission and another Vs. Maloti Rani Mondol, 2011, 40 CLC (AD)
....e to appeal is liable to be dismissed. In the circumstances the Civil Petition for leave to appeal be dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 609, 17 MLR (AD) (2012) 104.......both the parties and considering the facts and circumstances, allowed the appeal setting aside the judgment and order of the Administrative Tribunal holding mainly that there was no legal evidence on record to prove the guilt of the petitioner before the enquiry officer. 6. Bangladesh Public Serv......ibunal No. 1, Dhaka, in A.T. Case No. 171 of 2007. The respondent filed the above A.T. Case No. 171 of 2009 challenging her dismissal order from service. Her case, in short, was that she joined the service as typist under the Public Service Commission and served there to the satisfaction of all co..Category: Administrative Law | Date: | Hits: 210
Md. Bande Ali Miah Vs. Chief Engineer, Housing and Settlement, 2011, 40 CLC (AD)
....leave to appeal, therefore, does not merit any consideration. In the circumstances this civil petition for leave to appeal be dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 604.......leave to appeal, therefore, does not merit any consideration. In the circumstances this civil petition for leave to appeal be dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 604.......leave to appeal, therefore, does not merit any consideration. In the circumstances this civil petition for leave to appeal be dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 604...Category: Property Law | Date: | Hits: 65
....d on proper appreciation of law and facts and as such call for no interference.
The leave petition is thus dismissed summarily.
Ed.
This Case is also Reported in: VIII ADC (2011) 600.
......tification dated 2.4.2003 issued by the Ministry of Education has no manner of application for appointment of a Principal of degree college.
11. We have considered the petition and other papers on record. The High Court Division found that the definition of Teacher as contained in Regulation 2(um...... of 1994 were made under the authority of section 24 (Dha), 26(3) and schedule 2 to the National University Act, 1992. The Regulations of 1994 were made for regulating the terms and conditions of the service of the teachers of the Non-Government Colleges affiliated under the National University and ..
Category: Employment/Service Law | Date: | Hits: 108
Md. Moktad Hossen Majumdar Vs. Md. Golam Mostafa Majumdar, 2011, 40 CLC (AD)
..... This civil petition for leave to appeal has got no merit. In the circumstances this civil petition for leave to appeal is dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 596. ......l court which had advantage of seeing the demeanour of the witnesses-decreed the suit most illegally. The learned Advocate has argued that the revisional court also without going into the evidence on record and considering the findings and decisions of the trial court upheld that the judgment of the....... This civil petition for leave to appeal has got no merit. In the circumstances this civil petition for leave to appeal is dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 596. ..Category: Property Law | Date: | Hits: 74
Mosammat Moslema Khatoon Vs. Most. Rasheda Khatoon and others, 2011, 40 CLC (AD)
....f both the Courts below and rightly dismissed the suit. Evidently, there is no merit in this leave petition and hence it is dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 583. ...... of summons upon the defendants in the original partition suit cannot be interfered by the revisional court in the absence of any misreading or non-reading or misinterpretation of the evidence on record by those two courts below. The learned Advocate has argued that the High Court Division has c......ssed in that Partition Suit No.194 of 1984 illegal. That the trial court being the first court of fact and the appellate court below being the final court of facts their concurrent findings as to non-service of summons upon the defendants in the original partition suit cannot be interfered by the ..Category: Property Law | Date: | Hits: 80
Modares Miah Vs. The Chairman, 1st Labour Court and another, 1991, 20 CLC (HCD)
....legal effect and the petitioner be re‑instated at once. In the result, the rule is made absolute, without any order as to costs. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 165. ......bour (Standing Orders) Act, 1965 reads as follows: "18. Procedure for punishment.‑ (1) No order of discharge or dismissal of a worker shall be made unless: (a) the allegations against him are recorded in writing; (b) he is given a copy thereof and not less than three days' time to explain...... and to be of no legal effect. The case of the petitioner in short is that he was serving under the respondent No.2 i.e. the Manager, Prince Iron and Steel Industries; Dhaka from 9.7.1974 till his service was terminated on 8.8.1985. While he was so serving a show cause notice was served upon him ..Category: Labour and Industrial Law | Date: | Hits: 148
Abul Hashem Master Vs. State, 1991, 20 CLC (HCD)
....cedure and the accused‑appellant cannot get a benefit of this mistake in the charge‑sheet for getting acquittal. 9. Next, he has submitted that the evidence of all the witnesses of recovery is good and proper evidence under section 3 of the Evidence Act. All the witnesses have stood the test ...... as P.W.10 and the Investigating Officer Mr. Tajul Islam (P.W.1) also deposed as P.W.11. 4. The learned Special Tribunal on consideration of the evidence of this witness and other circumstances on record found the accused‑appellant guilty under section 19A of the Arms Act read with Special Powe......der section 19A(F) of the Arms Act. He be acquitted of the charge. Let him be set at liberty if not required in any other connection. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 159. ..Category: Criminal Law | Date: | Hits: 85
Mafizur Rahman Vs. Joynal Abedin and others, 1992, 21 CLC (HCD)
....ecords expeditiously. Let a copy of the judgment be sent to the learned Subordinate Judge at his present station for his guidance. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 158. ......os. 324 and 324/1 of mouza Udmara and Village Court was constituted with the Chairman of the Union Parishad and two members nominated by each party. The Village Court on consideration of materials on record and after hearing both the parties decided the case in favour of the petitioner by a majority......ecords expeditiously. Let a copy of the judgment be sent to the learned Subordinate Judge at his present station for his guidance. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 158. ..Category: Property Law | Date: | Hits: 74
Government of Bangladesh Vs. Syndicate Limited, 1998, 17 CLC (HCD)
....ument under which it was the liability of the contractor to take every precautionary measure against any injury or damage to any part of the work and was bound to repair, rebuild and restore and make good all injuries and damages at his own cost except the damage caused beyond the control of the con......educted on account of VAT. The Chief Engineer, R&H, appointed Mr. JB Barua, Superintending Engineer, R&H (Planning) Dhaka, as the arbitrator. The Arbitrator commenced arbitration proceedings, recorded evidence of the parties and found that the contractor was not liable for falling of the 200......e of the court. We find no merit in this revisional application. The Rule is, accordingly, discharged without any order as to coats. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 330...Category: Alternative Dispute Resolution | Date: | Hits: 147
Pubali Bank Ltd. Vs. Sultana Oil Mills and Soap Factory and others, 1998, 17 CLC (HCD)
....ures, fittings and stock from the custody of the plaintiff and for that the defendant made GD entry with the local police station. That the bank was not dutiful and vigilant to protect those valuable goods and materials of the defendants under its (plaintiffs) custody and for that the defendants suf......t the defendants suffered huge loss, that plaintiff has not accounted for the same and that the suit is liable to be dismissed. 4. The trial Court on consideration facts, evidence and materials on record, the suit finding that the suit is not maintainable. This has resulted into filing this appea......der as to costs. The judgment and decree passed by the trial Court is hereby affirmed. Send down the lower court records at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 323. ..Category: Business or Commercial Law | Date: | Hits: 196
Khorshed (Md.) alias Khorshed Vs. State, 1999, 18 CLC (HCD)
....e of the informant and regarding that matter when the wife of the informant made query to Khorshed on the date of occurrence in the house of sister, Khorshed became agitated and threatened to teach a good lesson to Sufia. Actually he attacked Sufia Khatun when she along with her husband were returni......es. At the time of trial, the informant gave a different version of the case and defence took the plea that the injury was caused by “hijackers”. However, after considering the entire evidence on record, the trial Court found the accused guilty of the charge and sentenced him as mentioned above.......ppeal is dismissed. The judgment, order of conviction and sentence appealed against are confirmed. Send down the LC Records at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 317...Category: Criminal Law | Date: | Hits: 54
....rd appreciation for the arguments advanced by Mr. Razzaque.
For the aforesaid discussion, the Rule is discharged but with no costs.
Ed.
This Case is also Reported in: 51 DLR (HCD) (1999) 313.......e right of the petitioner. As the learned Deputy Attorney General Mr. Shahabuddin Ahmed and the learned Advocate for the respondent Nos.4, 5 and 6 adopt the arguments of Dr. Kamal Hossain, I need not record their contentions in detail to avoid repetition. In my opinion, the internment of the legisla......rd appreciation for the arguments advanced by Mr. Razzaque.
For the aforesaid discussion, the Rule is discharged but with no costs.
Ed.
This Case is also Reported in: 51 DLR (HCD) (1999) 313...
Category: Civil Law | Date: | Hits: 83
Nurjahan Begum & others Vs. Jasimuddin Ahmed and others, 1998, 17 CLC (HCD)
....ted earlier by this Co stands vacated. Communicate the order of this Court to the teamed Senior Assistant Judge, Thakurgaon at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 310.......wing which the learned Assistant Judge directed the defendant petitioners to answer the interrogatories by 26-6-87. 5. 26-6-87 eventually turned out to be a closed holiday as a result of which the record was put up for order on 27-6-87. On that date the defendant-petitioners filed an application ......ted earlier by this Co stands vacated. Communicate the order of this Court to the teamed Senior Assistant Judge, Thakurgaon at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 310...Category: Property Law | Date: | Hits: 108
Moqbul Hossain Bakul and others Vs. Mohammad Ali and others, 1998, 17 CLC (HCD)
....aintain status quo in respect of the possession of the suit property is hereby vacated. Send down the lower court records at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 307. ......abala lands as described in schedule ‘Ga’ to the plaint. Accordingly, the contesting defendants prayed for dismissal of the suit. 5. The learned trial Court on consideration of the evidence on record decreed the suit whereupon the contesting defendants preferred Title Appeal No.22 of 1990 in ......aintain status quo in respect of the possession of the suit property is hereby vacated. Send down the lower court records at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 307. ..Category: Property Law | Date: | Hits: 65
....t be treated as abandoned property or vested property (enemy property) by the defendants.
Send down the lower Court records at once.
Ed.
This Case is also Reported in: 51 DLR (HCD) (1999) 300.......at the suit property cannot be treated as Enemy property (Vested property). The case of the plaintiff in short, is that, Deity Lakshmi Gobinda Jew is the owner of the property and it has been rightly recorded as such in CS Khatian Nos.68 and 142 of Mouza Kirtibashdi under police station Raipura in t......t be treated as abandoned property or vested property (enemy property) by the defendants.
Send down the lower Court records at once.
Ed.
This Case is also Reported in: 51 DLR (HCD) (1999) 300...
Category: Property Law | Date: | Hits: 102
Salahuddin (Md.) & others Vs. State, 1997, 16 CLC (HCD)
.... 561A Cr.P.C. as the Code under section 265C provides for an alternative remedy. Accordingly, the application is summarily rejected. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 299.......y provision which can be invoked for the purpose like the present one. Under section 265C Cr.P.C. on submission of charge sheet by the investigating officer the Court itself upon consideration of the record, material before it including charge sheet and after hearing the accused and the prosecution ...... 561A Cr.P.C. as the Code under section 265C provides for an alternative remedy. Accordingly, the application is summarily rejected. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 299...Category: Criminal Law | Date: | Hits: 83
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