Search Options

Judgment Advanced Search

Displaying 3241-3260 of 7208 results.

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. ......nheritance, purchase and gift. In spite all these, the plaintiff brought the present suit without impleading the petitioners as parties. The petitioners have interest in the properties of the suit in question and unless they are made parties they will be prejudiced and shall suffer irreparable loss ......he opposite party No.1 only to show cause as to why the said impugned order should not be set aside or such other or further order or orders passed as to this Court may seem fit and proper. 2. The facts giving rise to the Rule are that the plaintiff‑opposite party No.1 filed a Title Suit No.303..

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. ...... of Criminal Procedure, the detention of one Md. Nazimuddin, son of Kumaruddin of 10/2 Sayedabad, Police station Demra, District Dhaka now detained in custody in Dhaka Central Jail has been called in question. 2. The detention of the detenu, Md. Nazimuddin, has been challenged by the petitioner M...... was no justification for passing another order of detention on 1-12-93 on the selfsame grounds as have been taken by the Government for passing the previous order of detention on 6-11-93. 7. The facts alleged in the application by the Petitioner have not been challenged and denied by the opposi..

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: ......eal and thereby reversing the judgment and decree dated 23.08.2006 passed by the learned Joint District Judge, 2nd Court, Madaripur in Title Suit No. 3 of 2005 thereby dismissing the suit. 2. The facts of the case in brief are as follows: The petitioner as plaintiff filed a suit for declarat..

Category: Property Law | Date: | Hits: 70

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

....ence by this Court. In the result this Rule is discharged. But in the facts and circumstances of the case we pass no order as to cost. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 1.......979 (SC) 193. In the relevant law there was no provision for removing the employees by the Chief Justice of the High Court, but the Chief Justice was the authority to appoint him. In that case such a question arose as to the power and scope of appointment. The Supreme Court of India in describing th......he Rajshahi University. Learned Attorney-General submits that this is a liberal and reasonable order in view of the fact that the Chancellor could have dismissed him from service. But considering the facts and circumstances of the case the Chancellor took a liberal view relieving him from the post o..

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: ......to show that the respondents of the instant leave petition had voluntarily retired and were not terminated; the High Court Division committed error in rejecting the review application holding that ‘question of termination in the garb of voluntary retirement was raised, considered and finally decid......tion No. 2331 of 2009 making the Rule absolute. Since in all the leave petitions raise similar points of law, they were heard together and are disposed of by this single order. 5. The relevant facts of the case are as follows: The writ petitioners (respondents herein) were all employees o..

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

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

....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: ......cted against the judgment and order dated 05.12.2011 passed by a Division Bench of the High Court Division in Criminal Miscellaneous Case No.23523 of 2009 making the Rule absolute. 2. The relevant facts of the case are as follows: The Ministry of Finance allowed 8 Voluntary Social Welfare Age..

Category: Criminal Law | Date: | Hits: 92

Arun Chandra Das and others Vs. Chittagong Port Authority, Bandar Bhaban, Chittagong and others, 2010, 39 CLC (AD)

....d with as prayed for. This appeal will be heard along with the appeal arose out of Civil Petition for Leave to Appeal No.2291 of 2008. Ed. This Case is also Reported in: VIII ADC (2011) 770. ......d with as prayed for. This appeal will be heard along with the appeal arose out of Civil Petition for Leave to Appeal No.2291 of 2008. Ed. This Case is also Reported in: VIII ADC (2011) 770. ......­sons and that the principles of law argued in Bangladesh Parjatan Corporation Vs. Shahid Hossain Bhuiyan (Md.) and others, 43 DLR (AD) 154 are applicable in this case. 7. On consideration of the facts and cir­cumstances of the matter, we find merit in the contentions of the learned counsel for..

Category: Employment/Service Law | Date: | Hits: 97

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. ......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. ......ng leave to appeal in this Division from a judgment of the High Court Division in Civil Revision No.2740 of 2002 which has reversed the judgments of the Courts below and decreed the suit. 2. Short facts as disclosed in the plaint are that the suit schedule Nos.1-3, measuring an area of 2.72 acres..

Category: Property Law | Date: | Hits: 74

Jiban Chandra Sarkar Vs. Md. Rafizuddin Bepary and others, 2011, 40 CLC (AD)

....) is to be deposited within one month. The petitioner is permitted to prepare the paper books out of Court in accor­dance with Rules. Ed. This Case is also Reported in: VIII ADC (2011) 760. ......) is to be deposited within one month. The petitioner is permitted to prepare the paper books out of Court in accor­dance with Rules. Ed. This Case is also Reported in: VIII ADC (2011) 760. ......) is to be deposited within one month. The petitioner is permitted to prepare the paper books out of Court in accor­dance with Rules. Ed. This Case is also Reported in: VIII ADC (2011) 760. ..

Category: Property Law | Date: | Hits: 66

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. ......t it neces­sary to reassess the evidence on record on the point of date of knowledge claimed by the pre-emptors and after such assessment came to a definite finding that "consider­ing the aforesaid facts and circumstances I am of the view that the appellate Court below has committed an error of la..

Category: Property Law | Date: | Hits: 72

Bangladesh Water Development Board Vs. Md. Shafiqul Islam and others, 2010, 39 CLC (AD)

....titioners arc permitted to add the additional grounds. The order of status-quo granted earlier be extended till disposal of the appeal. Ed. This Case is also Reported in: VIII ADC (2011) 752.......d the petitioners to pay higher scale in failing to notice that the circular upon which the writ petitioners are claiming benefit is not at all applicable to the post of Extension Overseers. The moot question involved in this petition are whether, Bangladesh Water Development Board violated any prov......titioners arc permitted to add the additional grounds. The order of status-quo granted earlier be extended till disposal of the appeal. Ed. This Case is also Reported in: VIII ADC (2011) 752...

Category: Employment/Service Law | Date: | Hits: 94

A.M. Nurunnabi Vs. Government of Bangladesh, 2011, 40 CLC (AD)

....in interfering with the judgment of the Administrative Tribunal. This petition merits no consideration which is accordingly dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 750. ......in interfering with the judgment of the Administrative Tribunal. This petition merits no consideration which is accordingly dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 750. ......legally entitled to promotion. What is more, the petitioner had retired from the service long ago and therefore, he is not legally entitled to promotion at this belated stage. On consideration of the facts and circumstances of the matter, the Administrative Appellate Tribunal is per­fectly justifie..

Category: Administrative Law | Date: | Hits: 194

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. ......ng leave to appeal by this Court. 7. Mr. Abdul Quayum, learned Counsel, entering caveat on behalf of respondent Nos.1-2, 3(a)-3(b) and 3(d)-3(e), 4-13, on the other hand, has contended that in the facts and circumstances of the case in order to secure the ends of justice the High Court Division r..

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. ......handra Das who always used to take care of him and being impressed by their love and affection in his old age Narayan Chandra Das transferred the suit land measuring 1.48 acres to them by the deed in question. The defendants also accepted the gift. The deed of gift was executed by Narayan Chandra Da......e suit filed an application for amendment of the plaint by adding the prayer for decla­ration of title which was allowed while delivering the impugned judgment. The learned Judge found some admitted facts such as, the suit land belonged to Narayan Chandra Das and the deed of sale was exe­cuted and..

Category: Property Law | Date: | Hits: 62

Md. Hossain Ahmed Vs. Bangladesh House Building Finance Corporation and another, 2011, 40 CLC (AD)

....tance in the submissions of Mr. Quamrul Islam Siddique, so in the leave petition. Accordingly, the leave petition is dis­missed. Ed. This Case is also Reported in: VIII ADC (2011) 721. ......009 passed by the High Court Division in Civil Revision No.1080 of 2009). Judgment Md. Abdul Wahhab Miah J. - In this peti­tion for leave to appeal the judgment-debtor-petitioner has called in question the propriety of the judgment and order dated the 8th day of November, 2009 passed by the H......sion in ratifying the order passed by the appellate Court on the sub­mission that under section 151 of the Code a Court has inherent power to pass any order to secure ends of justice. 7. From the facts stated hereinbefore, it is clear that the present-petitioner who was the original judgment-deb..

Category: Civil Law | Date: | Hits: 108

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. ......attachment was wrong in law and resulted in occasioning failure of justice inasmuch as the Courts below failed to take into consideration the material aspect as to the date of cutting of the paddy in question and the date of service of writ of temporary injunction on them properly. Dr. Ahmed Hossain......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)

....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. ...... 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......of the learned Subordinate Judge, Third Court Dhaka made in Title Suit No.321 of 1990 modifying the award of the sole Arbitrator dated September 20, 1990 in Arbitration Case No.115 of 1990. 2. The facts giving rise to the present appeal are as follows: The appellant M/s Kibria and Associates ..

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

Inspector of Schools, Board of Secondary and Higher Secondary Education, Dhaka and others Vs. Managing Committee, Khashmahal Balurchar High School and others, 2003, 32 CLC (HCD)

....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. ......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 ......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. ..

Category: Employment/Service Law | Date: | Hits: 66

Khorshed Alam (Md.) Vs. Government of the Peo­ple's Republic of Bangla­desh represented by the Secretary, Ministry of Home Affairs, 2004, 33 CLC (HCD)

....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.......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 ......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...

Category: Criminal Law | Date: | Hits: 64

AKM Haroon‑or‑Rashid & another Vs. AKM Mostafa Kamaluddin and others, 2001, 30 CLC (HCD)

....e of receipt of the judgment. Let a copy of the judgment be communicated to the learned Assistant Judge 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......1 and 2, in total received Taka 9,00,000 from the HBFC and completed construction of a 4‑storied building each floor having two flats. So, the suit is liable to be dismissed in consideration of the facts stated herein above. 5. On 12‑1‑1999 the defendant petitioners filed an application und..

Category: Civil Law | Date: | Hits: 68