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Benode Behari Mondal Vs. Arabinda Sarder and others, 1995, 24 CLC (HCD)

....spose of the appeal within 3(three) months from the date of receipt of the record. The lower court records be sent down immediately. Ed. This Case is also Reported in: 49 DLR (HD) (1997) 72. ......onsider the aforesaid documents along with oral evidence on record to decide whether plaintiff’s raiyati interest in the suit land still subsist or not. None of the courts below also considered the absence of payment of rent by the plaintiffs from the date of alleged auction upto the date of filin......spose of the appeal within 3(three) months from the date of receipt of the record. The lower court records be sent down immediately. Ed. This Case is also Reported in: 49 DLR (HD) (1997) 72. ..

Category: Property Law | Date: | Hits: 51

Alaluddin alias Alauddin and Others Vs. State, 1994, 23 CLC (HCD)

....t the appellants be set at liberty forthwith, if not wanted, in connection with any other case. Send down the L/C records at once. Ed. This case is also Reported in: 49 DLR (HD) (1997) 66. ......t the appellants be set at liberty forthwith, if not wanted, in connection with any other case. Send down the L/C records at once. Ed. This case is also Reported in: 49 DLR (HD) (1997) 66. ......t the appellants be set at liberty forthwith, if not wanted, in connection with any other case. Send down the L/C records at once. Ed. This case is also Reported in: 49 DLR (HD) (1997) 66. ..

Category: Criminal Law | Date: | Hits: 74

Amjad Hossain and others Vs. State and another, 1995, 24 CLC (HCD)

....terfere with the same. In the result, the Rule is discharged and the order of stay stands vacated. Send back the LC records at once. Ed. This Case is also Reported in: 49 DLR (HD) (1997) 64. ......terfere with the same. In the result, the Rule is discharged and the order of stay stands vacated. Send back the LC records at once. Ed. This Case is also Reported in: 49 DLR (HD) (1997) 64. ......e the judgment and order of acquittal sent back the case to the trial Court for re‑trial if necessary after examining more witnesses. So, we find that the learned Sessions Judge did not act without jurisdiction. 8. As regards the other ground, it has been argued, that the judgment of the learne..

Category: Criminal Law | Date: | Hits: 82

Muklesur Rahman (Md.) Vs. Government of Bangladesh represented by the Secretary, Ministry of Home Affairs and others, 1995, 24 CLC (HCD)

....District Dhaka now detained in Dhaka Central Jail be released at once unless his further detention is required in any other connection. Ed. This Case is also Reported in: 49 DLR (HD) (1997) 63. ......District Dhaka now detained in Dhaka Central Jail be released at once unless his further detention is required in any other connection. Ed. This Case is also Reported in: 49 DLR (HD) (1997) 63. ......ngladesh and by this order the period of detention was extended for a further period of three months with effect from 1-6-95. 3. Thereafter, the petitioner filed this application invoking the writ jurisdiction of this court and obtained the present Rule. 4. Mr. Alaluddin, the learned Advocate ..

Category: Criminal Law | Date: | Hits: 105

Shamsul Haque (Md.) Vs. Bangladesh,1995, 24 CLC (HCD)

.... want to address ourselves on merit of the case. In the result, the application is rejected in limine without any order as to costs. Ed. This Case is also Reported in: 49 DLR (HD) (1997) 62. ...... want to address ourselves on merit of the case. In the result, the application is rejected in limine without any order as to costs. Ed. This Case is also Reported in: 49 DLR (HD) (1997) 62. ......to maintainability of the petition Mr. Hossain contends that the petition is competent under Article 102 of the Constitution as section 4(1) of the Administration Tribunal Act, 1980 does not vest the jurisdiction to the Administrative Tribunal to decide the question of transfer. On a careful reading..

Category: Administrative Law | Date: | Hits: 205

Abdur Rahman and others Vs. Abdus Sattar and others, 1995, 24 CLC (HCD)

..... In the result the Rule is made absolute and no order is made as to costs. Send down the records to the lower court immediately. Ed. This case is also Reported in: 49 DLR (HD) (1997) 60. ....... In the result the Rule is made absolute and no order is made as to costs. Send down the records to the lower court immediately. Ed. This case is also Reported in: 49 DLR (HD) (1997) 60. ....... In the result the Rule is made absolute and no order is made as to costs. Send down the records to the lower court immediately. Ed. This case is also Reported in: 49 DLR (HD) (1997) 60. ..

Category: Property Law | Date: | Hits: 47

Nasima Akhter (Papi) Vs. Government of the Peoples Republic of Bangladesh, represented by the Secretary, Ministry of Home Affairs, 1994, 23 CLC (HCD)

....opposite party No.3, the Superintendent, Dhaka Central Jail, Dhaka is directed to report compliance with the above order to this court. Ed. This case is also Reported in: 49 DLR (HD) (1997) 57. ......he order of this court dated 29‑11‑93 the detenu was not at all released but was still in custody until the service of the present impugned order of detention passed on 1‑12‑93. Moreover, the absence of any new ground of detention shows that there were no material before the detaining author......opposite party No.3, the Superintendent, Dhaka Central Jail, Dhaka is directed to report compliance with the above order to this court. Ed. This case is also Reported in: 49 DLR (HD) (1997) 57. ..

Category: Criminal Law | Date: | Hits: 69

Hazi Abdul Hakim Khan Vs. Lal Miah Saiyal alias Lal Miah and others, 2012, 41 CLC (AD)

....ree. Surendra Kumar Sinha J. – I agree. Abdul Wahhab Miah J. – I agree. Nazmun Ara Sultana J. – I agree. Syed Mahmud Hossain J. – I agree. Ed. This Case is also Reported in: ......ree. Surendra Kumar Sinha J. – I agree. Abdul Wahhab Miah J. – I agree. Nazmun Ara Sultana J. – I agree. Syed Mahmud Hossain J. – I agree. Ed. This Case is also Reported in: ......ree. Surendra Kumar Sinha J. – I agree. Abdul Wahhab Miah J. – I agree. Nazmun Ara Sultana J. – I agree. Syed Mahmud Hossain J. – I agree. Ed. This Case is also Reported in: ..

Category: Property Law | Date: | Hits: 70

Professor Dr. Md. Yusuf Ali Vs. Chancellor of Rajshahi University, Rajshahi & others, 1997, 26 CLC (HCD)

....nts were killed in the campus. The classes were not held regularly nor any of the examinations was held according to schedule. There was disturbance in all the residential halls of the University. In total the classes were suspended for 143 days. The defeated candidates for the office of the Vice-Ch......t of the People’s Republic of Bangladesh shall be the Chancellor of the University and shall preside over at the Convocation of the University for award of academic and honorary degrees, and in his absence the Vice-Chancellor shall preside at such Convocation. The Chancellor shall have such powers...... charge to pro-vice-Chancellor Professor Dr. Abdul Khaleque. This order is annexed as Annexure-D which is the impugned order. It is stated that the impugned order dated 16-2-97 is illegal and without jurisdiction in view of the fact that section 16 of the General Clauses Act is not applicable becaus..

Category: Employment/Service Law | Date: | Hits: 158

Bangladesh Agricultural Development Corporation Vs. Md. Abdur Rashid and others, 2012, 41 CLC (AD)

....gree. Md. Abdul Wahhab Miah J. – I agree. Nazmun Ara Sultana J. – I agree. Muhammad Imman Ali J. – I agree. Md. Shamsul Huda J. – I agree. Ed. This Case is also Reported in: ......gree. Md. Abdul Wahhab Miah J. – I agree. Nazmun Ara Sultana J. – I agree. Muhammad Imman Ali J. – I agree. Md. Shamsul Huda J. – I agree. Ed. This Case is also Reported in: ......gree. Md. Abdul Wahhab Miah J. – I agree. Nazmun Ara Sultana J. – I agree. Muhammad Imman Ali J. – I agree. Md. Shamsul Huda J. – I agree. Ed. This Case is also Reported in: ..

Category: Employment/Service Law | Date: | Hits: 73

State Vs. Dr. AZM Zahid Hossain and another, 2012, 41 CLC (AD)

....ottery tickets from Dhaka Shishu Hospital. Thereafter, on 22.02.2004 B.M.A. received another one lac lottery tickets from Dhaka Shishu Hospital. As such, from 05.01.2004 to 22.02.2004 B.M.A. received total 4 lac lottery tickets from Dhaka Shishu Hospital. On 23.02.2004, which was the final day for s......12. Surendra Kumar Sinha J – I agree. Md. Abdul Wahhab Miah J – I agree. Nazmun Ara Sultana J – I agree. Syed Mahmud Hossain J – I agree. Ed. This Case is also Reported in: ......12. Surendra Kumar Sinha J – I agree. Md. Abdul Wahhab Miah J – I agree. Nazmun Ara Sultana J – I agree. Syed Mahmud Hossain J – I agree. Ed. This Case is also Reported in: ..

Category: Criminal Law | Date: | Hits: 92

Sukendra Bikas Das and others Vs. Anil Baran Das and others, 2010, 39 CLC (AD)

....pare the paper book out of court in accordance with rules. The order of stay granted earlier be extended till disposal of the appeal. End. This Case is also Reported in: VIII ADC (2011) 764. ......plaintiff as only son to inherit her property. As the plaintiff was staying at different places in connection with his service, he failed to attend during B.S. survey at home. Taking advantage of his absence, the defendants managed to record their names, which clouded his title in the suit land. Moh......d not extinguish the plaintiffs title unless the deed of 1928 is set aside. 6. Mr. Mahmudul Islam, learned counsel appearing for the petitioners contended that the High Court Division exceeded its jurisdiction in exercise of his revisional power in interfering with the concurrent findings of fact..

Category: Property Law | Date: | Hits: 74

Government of Bangladesh Vs. Md. Golam Nabi, 2010, 39 CLC (AD)

....dy within 12(twelve) weeks and the respondent is at liberty to mention the appeal for hearing after expiry of the said 12 (twelve) weeks. Ed. This Case is also Reported in: VIII ADC (2011) 757. ......dy within 12(twelve) weeks and the respondent is at liberty to mention the appeal for hearing after expiry of the said 12 (twelve) weeks. Ed. This Case is also Reported in: VIII ADC (2011) 757. ......e accused person before imposing Major patently and as such the impugned order is liable to be discharged. II. Because the Administrative Appellate Tribunal failed to appreci­ate that there is no jurisdiction to entertain any case against any order passed under Police Officer (Special Provision)..

Category: Administrative Law | Date: | Hits: 163

Siddiqur Rahman and others Vs. Md. Monwar Hossain and others, 2011, 40 CLC (AD)

....t assessment of the materials on record and appreciation of law arrived at a correct decision. The petition is accordingly dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 755. ......t assessment of the materials on record and appreciation of law arrived at a correct decision. The petition is accordingly dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 755. ......rned counsel appearing for the pre-emptors contended that the High Court Division erred in law in interfering with the finding of fact arrived at by the Court of appeal below and thereby exceeded its jurisdiction in finding that the case was barred by limitation. Mr. Chowdhury fur­ther contended th..

Category: Property Law | Date: | Hits: 72

Md. Anwar Hossain and other Vs. Mosammat Hoshneara Begum alias Putul, being dead her heirs:-Kamrul Islam and others, 2011, 40 CLC (AD)

....t and order dated 28-29/10/2008 passed by the High Court Division in Civil Revision No.625 of 1995 is stayed till disposal of the appeal. Ed. This Case is also Reported in: VIII ADC (2011) 744. ......t and order dated 28-29/10/2008 passed by the High Court Division in Civil Revision No.625 of 1995 is stayed till disposal of the appeal. Ed. This Case is also Reported in: VIII ADC (2011) 744. ......remand cannot be made to afford opportunity to an unsuccessful party to fill up the lacuna in evidence. III. Whether the learned Judge of the High Court Division sitting in revi­sion exceeded his jurisdiction in pass­ing direction upon the trial Court to hold local investigation with the observ..

Category: Property Law | Date: | Hits: 83

Noni Gopal Das and others Vs. Dinesh Chandra Das and others, 2011, 40 CLC (AD)

.... order and as such, the same does not call for interference by this Court. Accordingly, the petition for leave to appeal is dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 739. ......mely, the plaintiff and Dilip Kumar Das. The names of the plaintiff and Dilip Kumar Das were duly mutated in Mutation Case No. 240 Baw/85-86 and separate Khatians were prepared in their names. In the absence of Narayan Chandra Das, defendant Nos.1-3 created a forged deed of gift on 29.07.1985 throug...... order and as such, the same does not call for interference by this Court. Accordingly, the petition for leave to appeal is dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 739. ..

Category: Property Law | Date: | Hits: 62

Bangladesh Technical Education Board Vs. Md. Anamul Haque and others, 2010, 39 CLC (AD)

.... of the Paper book is dis­pensed with as prayed for. The order of status quo granted earlier be extended till disposal of the appeal. Ed. This Case is also Reported in: VIII ADC (2011) 725. ...... of the Paper book is dis­pensed with as prayed for. The order of status quo granted earlier be extended till disposal of the appeal. Ed. This Case is also Reported in: VIII ADC (2011) 725. ......urt Division by the impugned judgment and order made the rule absolute and declared the non-action of the writ-respondents in appointing the writ-petition­ers against the posts advertised is without jurisdiction. The High Court Division observed that the Board decided to retain the existing staff a..

Category: Employment/Service Law | Date: | Hits: 133

Shariful Islam Vs. Billal Hossain and the State, 1992, 21 CLC (HCD)

.... Revision No.33 of 1991 is hereby set aside and the trial Court is hereby directed to proceed with the trial in accordance with law. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 722. ...... Revision No.33 of 1991 is hereby set aside and the trial Court is hereby directed to proceed with the trial in accordance with law. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 722. ...... Revision No.33 of 1991 is hereby set aside and the trial Court is hereby directed to proceed with the trial in accordance with law. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 722. ..

Category: Criminal Law | Date: | Hits: 67

Rafiqul Hossain @ Ranaesh and another Vs. Lal Mohan Saha and others, 1991, 20 CLC (HCD)

....trial Court passed the order of the attachment of the property. 9. In the result, the Rule is made absolute. No order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 718. ......trial Court passed the order of the attachment of the property. 9. In the result, the Rule is made absolute. No order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 718. ......trial Court passed the order of the attachment of the property. 9. In the result, the Rule is made absolute. No order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 718. ..

Category: Criminal Law | Date: | Hits: 90

Kibria and Associates Ltd. Vs. Bangladesh Agricultural Development Corporation, 1992, 21 CLC (HCD)

....documents produced held that the claim of the first party was not time barred. And he 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 ......kes wrong view of law within the meaning of section 30(1) of the Arbitration Act. 9. Dr. Hossain, further argues that interest can be awarded as damage under section 72 of the Contract Act even in absence of any law or any usage having the force of law. 10. Dr. Hossain makes new approach to th......DLR 40 it was held that the Court is not to go into the details of the claims and counter‑claims or to re‑assess the question as a Court of appeal from a decision of a civil Court in its ordinary jurisdiction and no award shall be set aside under section 30 of the Act unless the conditions enume..

Category: Alternative Dispute Resolution | Date: | Hits: 156