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Md. Obaedur Rahman Vs. Md. Amirul Islam and others, 2011, 40 CLC (AD)

....ntal proceeding shall stand and will be operative. With the above observation this civil petition for leave to appeal be disposed of. Ed. This Case is also Reported in: VIII ADC (2011) 642. ......angail…………………………………………Petitioner Vs. Md. Amirul Islam and others……………………Respondent Judgment June 19, 2011. Result: The civil petition for leave to appeal is disposed. Lawyers Involved: Yusuf Hossain Humayun, Senior Advocate inst......ntal proceeding shall stand and will be operative. With the above observation this civil petition for leave to appeal be disposed of. Ed. This Case is also Reported in: VIII ADC (2011) 642. ......………………Petitioner Vs. Md. Amirul Islam and others……………………Respondent Judgment June 19, 2011. Result: The civil petition for leave to appeal is disposed. Lawyers Involved: Yusuf Hossain Humayun, Senior Advocate instructed by Mrs. Sufia Khatun, Advocat..

Category: Employment/Service Law | Date: | Hits: 53

Aminul Islam Vs. S. M. Habib alias Dulal and others, 2011, 40 CLC (AD)

....book is dispensed with as prayed for Parties arc directed to maintain status quo as regards the possession till disposal of the appeal. Ed. This Case is also Reported in: VIII ADC (2011) 631. ......ecord-For the Petitioner. Mahmudul Islam, Senior Advocate instructed by Zainul Abedin, Advocate-on-Record-For Respondent Nos. 3-5. Not represented-Respondent Nos.1, 2, 6-10. Civil Petition for Leave to Appeal No.1858 of 2010. (From the judgment and decree dated 19.01.2010 passed by the......ssed. Sarif Lokman Ahmed subsequently died leaving the defendants as his heirs. That the defendant No.2, taking advantage of being a military employee filed a case against the plaintiff in lessor Martial Law Court and obtained a judgment against the plaintiff. That the Martial Law Court inspite ......………………………………………….Petitioner Vs. S. M. Habib alias Dulal and others……………….Respondent Order March 27, 2011. Result: Leave is granted. Lawyers Involved: Abdul Wadud Bhuiyan, Senior Advocate (M. Khurshid Alam Sarkar, Advocate with hi..

Category: Property Law | Date: | Hits: 51

Zeenat Textile Mills Ltd. Vs. Chairman, Third Labour Court, Dhaka and another, 1991, 20 CLC (HCD)

....d Labour Court, Dhaka in Complaint Case No.25 of 1984 to have been made without lawful authority and the same is of no legal effect. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 213. ......and in reply he stated that he was sent to take delivery of one case of solenoid valve from Chittagong. Out of 12 pieces of solenoid valve in the case, one piece was isolated by the Customs Authority for inspection as per Customs Rules and after inspection by the Customs Authority it was handed over......d Labour Court, Dhaka in Complaint Case No.25 of 1984 to have been made without lawful authority and the same is of no legal effect. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 213. ......Cases Referred to- SH Quddus & others Vs. Chairman; Chittagong & others, 33 DLR 1; In re CH Venkatasubbaya, AIR 1956 (Mad) 452 & KM Merha Vs. State of Rajasthan, 1957 AIR (SC) 369. Lawyers Involved: Syed Amirul Islam with Hamida Islam, Advocates ‑For the Petitioner. Waliul..

Category: Labour and Industrial Law | Date: | Hits: 172

Dulal Mia Vs. State, 1991, 20 CLC (HCD)

....r, Sylhet till disposal of the case. We also direct expeditious trial of the case. Let the records of the case be sent down at once. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 209.......of 1989 and the other at the instance of accused Siraj Mia being Criminal Appeal No.266 of 1990 are directed against two orders dated 12.11.89 and 2.4.1990 respectively passed by the Special Tribunal for Prevention of Smuggling, Sylhet in Special Tribunal Case No.107 of 1988 rejecting the prayers fo......r, Sylhet till disposal of the case. We also direct expeditious trial of the case. Let the records of the case be sent down at once. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 209.......t February 26, 1991. Result: The appeals are allowed. Cases Referred to- 1990 BLD (AD) 190; 1983 BCR (AD) 50; 42 DLR (AD) 394; 1988 BLD (AD) 21; 20 DLR (SC) 339 & 42 DLR (AD) 8. Lawyers Involved: MA Matin, Advocate- For the Appellants. AG Rashid, Advocate- For the State. ..

Category: Criminal Law | Date: | Hits: 68

ASM Abdur Rob Vs. The State, 1991, 20 CLC (HCD)

.... the merits of the case as it should prejudice the accused at the trial. The Rule is thus discharged. Communicate the order at once. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 205.......3.1991 passed by the learned Sessions Judge, Lakshmipur, in Criminal Misc. Case No. 142 of 1991 arising out of Ramgati Police Station Case No.1 dated 7.5.91 and No.2 dated 8.5.86 rejecting the prayer for bail. 2. Fact of the case is rather a checkered one and it need be stated in some details. In...... the merits of the case as it should prejudice the accused at the trial. The Rule is thus discharged. Communicate the order at once. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 205.......ury J Muhammad Abdul Mannan J ASM Abdur Rob.................Petitioner Vs. The State ...............Opposite Party Judgment August 29, 1991. Result: The Rule is discharged. Lawyers Involved: Sirajul Huq with Ahmed Ali, Advocates ‑ For the Petitioner. M Shamsul Alam..

Category: Criminal Law | Date: | Hits: 85

Narayan Chandra Banerjee alias Bandapadhya Vs. Md. Salek Ali Shaik, 1991, 20 CLC (HCD)

.... aside and the decree of the trial Court is hereby restored. There will, however, be no order as to cost at this revisional stage. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 202. ......higanj passed on 31.12.79 in Money Suit No.1 of 1979 should not be set aside. 2. The suit being money suit No.1 of 1979 was filed by the opposite party Md. Sudek Ali Shaik @ Sadek Ali as plaintiff for the recovery of the consideration money amounting to Tk. 7,500.00 from the defendants. The plain...... aside and the decree of the trial Court is hereby restored. There will, however, be no order as to cost at this revisional stage. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 202. ......erred to- Dalsukharam Saheba Vs. Mulchand Ashram, AIR 1928 (Bom) 427; Injad Ali and others Vs. Mohini Chandra Adhikari, 27 CWN 1025; Allahdino Bacha Vs. Udhumal Amardenomal, AIR 1942 (Sind) 82. Lawyers Involved: Shanti Ranjan Karmaker, Advocate ‑ For the Petitioner. Md. Wahidullah, Adv..

Category: Civil Law | Date: | Hits: 76

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.......ing No.3. Bhitar Bari Lane, PS Kotwali, Dhaka corresponding to CS Khatian No.2718, Plot No.134, Ward No.4, Sheet No.50 mouza Sahar Dhaka originally belonged to one Dhum Chand Bashak and on his death aforesaid building devolved on his heirs namely Sakuntala Bashak (widow), Shantash Chandra Bashak (so......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.......ondents Judgment February 19, 1992. Result: The Rule is made absolute. Case Referred To- M/s Speed Bird Navigation Vs. Government of Bangladesh, 27 DLR 170 & 30 DLR (AD) 101. Lawyers Involved: Habibul Islam Bhuiyan with MA Wahab Mia & Abul Hashem, Advocates ‑ For th..

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.......nt of the People's Republic of Bangladesh, Bangladesh Secretariat, Dhaka and others…………..Respondents Judgment January 26, 1992. Result: The petitioner is entitled to relief sought for. Lawyers Involved: Zainul Abedin, Advocate ‑ For the Petitioner. Fokrul Islam, Assist......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.......e People's Republic of Bangladesh, Bangladesh Secretariat, Dhaka and others…………..Respondents Judgment January 26, 1992. Result: The petitioner is entitled to relief sought for. Lawyers Involved: Zainul Abedin, Advocate ‑ For the Petitioner. Fokrul Islam, Assistant Atto..

Category: Administrative Law | Date: | Hits: 164

Kudrat‑E‑Elahi Panir and others Vs. Bangladesh, 1991, 20 CLC (HCD)

....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. ......ed to be elected by direct votes on the basis of adult franchise. Under Article 11 of the Constitution: "The Republic shall be a democracy in which fundamental human rights and freedom and respect for the dignity and worth of the human person shall be guaranteed and in which effective participat...... no application to Upazila Parishads. It is to be mentioned that when the repealed Upazila Parishads were created the Constitution was suspended and the Ordinance was promulgated by the then Chief Martial Law Administrator. Even in the suspended Constitution these two Articles, namely, Articles ......r 19, 1991. Result: The Rules are discharged. Cases Referred to- Anwar Hussain Chowdhury Vs. State, 1989 BLD (Spl.) page 1; Kesavananda Vs. State of Kerala, AIR SC 1973, 1461 p‑1509. Lawyers Involved: Amirul Islam, Zakir Ahmed, KM Safiuddin Ahmed, AFM Mesbahuddin & Md. Nurul..

Category: Constitutional Law | Date: | Hits: 461

Sadharan Bima Corporation Vs. M V Birba and others, 1991, 20 CLC (HCD)

....cessary correction in clause (1) of rule 3 of Order XLIX of the Code of Civil Procedure by inserting clause (b) instead of clause (d). Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 171.......Md. Mozammel Hoque J Sadharan Bima Corporation………….….Plaintiff Vs. M V Birba and others …………....Defendants Judgment December 12, 1991. Result: This application for return of the plaint is allowed. Cases Referred to- East and West Steamship Co. Vs. Queens......cessary correction in clause (1) of rule 3 of Order XLIX of the Code of Civil Procedure by inserting clause (b) instead of clause (d). Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 171.......72 CWN 635; M/s Saleh Steel Industries Ltd. and another Vs. TSS Pacific Abet and others, 1983, BLD (11C) 104; M/s Saleh Steel Industries Limited Vs. TSS 'Pacific Abet' and others, 35 DLR (AD) 188. Lawyers Involved: AR Yusuf with Manzur‑Ur‑Rahim, Advocates For the Plaintiff. Rafiq‑Ul�..

Category: Admiralty Law or Maritime Law | Date: | Hits: 315

Faisal Mahbub Vs. Bangladesh, 1992, 21 CLC (HCD)

....Mymensingh District Jail, Mymensingh for compliance through special messenger at the costs and risk of the petitioner, as prayed for. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 168. ......fairs, Secretariat Buildings, Dhaka and others...................Respondents Judgment January 15, 1992. Result: The rule is made absolute. Lawyers Involved: Abdul Malek, Advocate -for the petitioner, AY Salehuzzaman, Deputy Attorney‑General - for the respondents. Writ Pet......Mymensingh District Jail, Mymensingh for compliance through special messenger at the costs and risk of the petitioner, as prayed for. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 168. ......sented by the Secretary, Ministry of Home Affairs, Secretariat Buildings, Dhaka and others...................Respondents Judgment January 15, 1992. Result: The rule is made absolute. Lawyers Involved: Abdul Malek, Advocate -for the petitioner, AY Salehuzzaman, Deputy Attorney�..

Category: Criminal Law | Date: | Hits: 81

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.......General instructed by B. Hossain, Advocate-on-Record-For the Petitioners. Yusuf Hossain Humayan, Advocate instructed by Mrs. Mahmuda Begum, Advocate-on-Record-For the Respondent. Civil Petition for Leave to Appeal No. 44 of 2010. (From the judgment and order dated 10.11.2009 passed by the A......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.......etitioners Vs. Maloti Rani Mondol …………………………………………………….........Respondent Judgment May 19, 2011. Result: The leave petition is dismissed. Lawyers Involved: Karunamoy Chakma, Deputy Attorney General instructed by B. Hossain, Advocate-on..

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.......ssed. Lawyers Involved: M. G. Bhuiya, Advocate-on-Record-For the Petitioners. Md. Nowab Ali, Advocate-on-Record-For Respondent No.1. Not represented-Respondent Nos.2-13. Civil Petition for Leave to Appeal No.1928 of 2010. (From the judgment and order dated 12.07.2010 passed by the ......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.......orate of Housing and Settlement, Segun Bagicha, Dhaka and others ............................................Respondents Judgment May 26, 2011. Result: The leave petition is dismissed. Lawyers Involved: M. G. Bhuiya, Advocate-on-Record-For the Petitioners. Md. Nowab Ali, Advocat..

Category: Property Law | Date: | Hits: 65

S. M. Zakir Hossain Vs. Bangladesh represented by its Secretary, Ministry of Education and others, 2011, 40 CLC (AD)

....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. ......on-Record-For the Petitioner. Mohammad Shah Alam, Advocate, instructed by Md. Nawab Ali, Advocate-on-Record-For Respondent No. 4. Not represented-Respondent Nos.1-3 & 5. Civil Petition for Leave to Appeal No.343 of 2010. (From the judgment and order dated 26.08.2009 passed by the H......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. ......ary, Ministry of Education and others………………………………………………….... Respondents Judgment May 26, 2011. Result: The leave petition is dismissed summarily. Lawyers Involved: A. K. Badrul Huq, Senior Advocate, instructed by A.K.M. Shahidul Hug, Advocat..

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. ......ed: Subrata Chowdhury, Advocate instructed by Md. Amir Hossain Chowdhury, Advocate-on-Record-For the Petitioner. Chowdhury Md. Zahangir, Advocate-on-Record-For the Respondent. Civil Petition for Leave to Appeal No. 643 of 2009. (From the judgment and decree dated 30.11.2008 passed by 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. ......ssen Majumdar ..........Petitioner Vs. Md. Golam Mostafa Majumdar.......................................Respondent Judgment June 2, 2011. Result: The leave petition is dismissed. Lawyers Involved: Subrata Chowdhury, Advocate instructed by Md. Amir Hossain Chowdhury, Advocate-..

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. ......Record-For the Petitioner. A. H. M. Mushfiqur Rahman, Advocate instructed by Zainul Abedin, Advocate-on-Record- For Respondent Nos. 1-6. Not represented-Respondent Nos. 7-200. Civil Petition for Leave to Appeal No.712 of 2009. (From the judgment and order dated 26.11.2008 passed by the H......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. ..................Petitioner Vs. Most. Rasheda Khatoon and others……………….........................Respondents Judgment June 22, 2011. Result: The leave petition is dismissed. Lawyers Involved: Giusuddin Ahmed, Advocate instructed by Md. Feroaur Rahman, Advocate-on-Record-..

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. ......hould not be taken against him. The petitioner made reply to the said show cause notice on 27.7.85 stating that he was ill and as such was advised by the Doctor to take rest. In support of his ground for leave he submitted a Medical Certificate to the respondent No. 2. The Manager, Prince Iron and S......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. ......J Modares Miah ...........Petitioner Vs. The Chairman, 1st Labour Court and another..................Respondents Judgment December 17, 1991. Result: The rule is made absolute. Lawyers Involved: Waliul Islam, Advocate ‑ For the Petitioner. No one ‑ For the Respondent..

Category: Labour and Industrial Law | Date: | Hits: 148

Abul Hashem Master Vs. State, 1991, 20 CLC (HCD)

....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. ...... Subordinate Judge and Special Tribunal No.1 convicting the accused‑appellant under section 19A of the Arms Act read with Special Powers Act, 1974 and sentencing him to suffer rigorous imprisonment for seven years. 2. The prosecution case in brief was, that on 28.7.84 during investigation of Na......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. ...... Vs. State, 27 DLR 251;Kazi Ibrahim @ Ibrahim Vs. State, 41 DLR 524; Arshadullah Vs. the State, 21 DLR 684;Bhuboni Sahu Vs. The King, 2 DLR 39; Kochi @ Jishan & ors. Vs. The State, 8 BLD, 412. Lawyers Involved: Zakir Ahmed and Md. Ashfaqul Islam, Advocates ‑ For the Appellants. Shah A..

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. ......ocate ‑ For the Opposite Parties. Civil Revision No.131 of 1988 (Comilla) Civil Revision No.6019 of 1991 (Dhaka) Judgment M Mahmudur Rahman J.-In this case a simple question was raised for decision as to whether a petition without stating the amount of the property to be recovered bef......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. ...... The Rule is discharged. Cases Referred to- Syedul Haque Sowdagar Vs. Abul Kashem Chowdhury & Ors., 38 DLR 14; Kazi Mobarak Ali Vs. Mohammad Yeasin Mazumdar & Ors., 43 DLR (AD) 60. Lawyers Involved: MA Wahab, Advocate ‑ For the Petitioner. Syed Mahmud Hossain, Advocate ‑..

Category: Property Law | Date: | Hits: 74

Government of Bangladesh Vs. Syndicate Limited, 1998, 17 CLC (HCD)

....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.......d of the arbitrator Rule of the Court. 2. Opposite party Chowdhury Syndicate Limited is a private limited Company engaged in construction work on contract under the Government. A tender was called for construction of a 200 foot long bailey bridge over Chandankhali river within Chittagong division......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....... 27; Shambhu Nath Vs. SM Surja Devi, AIR 1961 Allahabad 180 and Ganesh ChandraMisra Vs. Artatrana Misra, AIR 1965 Orissa 17; Federation of Pakistan Vs.H Ghulam Mohiuddin, PLD 1960 (WP) Lahore 677. Lawyers Involved: Abdul Quiyum, Deputy Attorney-General — For the Petitioner. Rokanuddin Mah..

Category: Alternative Dispute Resolution | Date: | Hits: 147

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