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Lt. Cdr (Retd) AHM Mahmud Vs. Masud Ahmed, 2010, 39 CLC (HCD)

.... the petitioner within 3(three) months from receipt of a copy of this judgment. Let a copy of this judgment be communicated at once. Ed. This Case is also Reported in: 63 DLR (HD) (2011) 149. ......ause why they should not be proceeded against for contempt of Court for vio­lating the order dated 07-2-2005 passed by the High Court Division in Writ Petition No.377 of 1991. 2. The facts of the case relevant for disposal of this Rule, in brief, are that the petitioner, Lt. Cdr. (Retd.) AHM Mah..

Category: Employment/Service Law | Date: | Hits: 156

Abdus Sattar and another Vs. Md. Ali Hossain Prodhan, 2009, 38 CLC (HCD)

....er as to cost. The order of stay granted earli­er by this Court stands vacated. Office is directed to communicate the order at once. Ed. This Case is also Reported in: 63 DLR (HD) (2011) 147.......he learned Special District Judge by rejecting the application committed no error of law. 11. Moreover, the impugned order in its entire­ty are well founded, in the facts and circumstances of the case, so the grounds urged and contentions advanced by the learned Counsel for the petitioners are n..

Category: Civil Law | Date: | Hits: 95

Obaidullah Khondaker (Sohel) Vs. Government of Bangladesh and others, 2010, 39 CLC (HCD)

....judgment. Let a copy of this Judgment be immediate­ly transmitted to each of the respondents for infor­mation and necessary action. Ed. This Case is also Reported in: 63 DLR (HD) (2011) 144.......as is evident from the lease-order dated 6-2-2006 (Annexure-'B' to the Writ Petition) and such other or further order or orders passed as to this Court may seem fit and proper. 2. The petitioner's case as set out in the Writ Petition, in short, is as follows: The petitioner is an established s..

Category: Property Law | Date: | Hits: 66

Abul Hasnat Md. Belal Vs. Md. Alauddin and others, 2008, 37 CLC (HCD)

....tands vacated. Office is directed to communicate the order at once with a copy of the judgment for information and necessary action. Ed. This Case is also Reported in: 63 DLR (HD) (2011) 141.......gong, impleading the petitioner and opposite party Nos.2-6 as defendants for declaration of title in the land described in the schedule of the plaint and for permanent injunction. 3. The plaintiff case put in a nutshell are that the suit land was originally belonged to RS record­ed tenant namely..

Category: Procedural Law | Date: | Hits: 90

Ataur Rahman (Md.) Vs. Bangladesh and others, 2010, 39 CLC (HCD)

....is still in seisin of the matter.   Consequently, the prayer for certificate is rejected.  Ed.  This Case is also Reported in:62 DLR (HCD) (2010) 329; 30 BLD (HCD) (2010) 154. ......dgment  February 4, 2010.  Result:  Rule is made absolute.   Cases Referred to-  Secretary, Ministry of Finance Vs. Masdar Hossain, 52 DLR (AD) 82; Association case, AIR 1993 SC 2493; BELA's case, 49 DLR (AD) 1; Indian Supreme Court, AIR 1973 SC 588; State of ..

Category: Constitutional Law | Date: | Hits: 270

Bazlur Rahman (Md.) Vs. Government of the People's Republic of Bangladesh, 2009, 38 CLC (HCD)

....from the date of receipt of the Judgment and order.  Communicate the order at once.  Ed.  This Case is also Reported in: 62 DLR (HCD) (2010) 360; 18 BLT (HCD) (2010) 279. ......hall be deprived of any vested right by any order, judicial or otherwise without a hearing before an independent authority not interested in the proceedings or in any party to the proceedings. In the case of Saiyyid Abul A'la Maudoodi Vs. Government of West Pakistan, reported in 17 DLR (SC) 209; PLD..

Category: Others | Date: | Hits: 149

Abul Basher Chowdhury Vs. Habibur Rahman Mia and others, 1978, 7 CLC (AD)

....on the basis of which the result of the election has been declared was properly made. The appeal is dismissed with no order as to costs. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 297....... the impugned order the election of the appellant was declared void and the Respondent No.1 has been declared as duly elected chairman of No.4 Subidpur (West) Union Parishad. The appellant made out a case that the tribunal erred in not shifting the date of hearing of the case to enable him to get a ..

Category: Election Law | Date: | Hits: 159

American Life Insurance Company Vs. Dacca Poura Shaba and others, 1978, 7 CLC (AD)

....s to costs. Order of the Court. In accordance with the view of the ma­jority, we allow this appeal without any order as to costs. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 276.......ca Municipal Committee is a corpo­rate body and also a local authority; and as such is competent to sue or be sued, and in such capacity is entitled to invoke the Writ Jurisdiction in an appropriate case; but the order of the Additional Commissioner being in the nature of a quasi-judicial order, it..

Category: Fiscal/Taxation Law | Date: | Hits: 156

Bangladesh Steamer Agent's Association Vs. Bangladesh & others, 1979, 8 CLC (AD)

....udgment of the High Court Division is set aside and the impugned order is set aside as having been passed without any lawful authority. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 272....... making public welfare organisation. This has been or­dered to be deleted without any notice to the appellant and accordingly the principle of natu­ral justice is violated. 9. The records of the case show that the Ministry of Commerce took more than two years to issue the licence under Section ..

Category: Business or Commercial Law | Date: | Hits: 208

State Vs. Monsur Alam alias Mon Miah and others, 2012, 41 CLC (AD)

.... prepare the paper book out of Court in accordance with Rules. The order of stay granted earlier is extended till disposal of the appeal. Ed. This Case is also Reported in: 9 ADC (2012) 268. ...... directed against the judgment and order dated 23.03.2011 passed by a Division Bench of the High Court Division in Criminal Appeal No.4412 of 2006 allowing the appeal. 2. The relevant facts of the case are as follows: On 25.11.2002 Abdul Awal (victim) went to Khagatua Bazar at about 7.00/7.30 ..

Category: Criminal Law | Date: | Hits: 122

Md. Nurul Alam alias Dr. Hazrat Shah Sufi Mohammad Nurul Alam Vs. Saleha Khatton and others, 2011, 40 CLC (AD)

....to Lalbagh Police Station Case No.48(10) dated 30.10.1999 shall be set aside." Preparation of paper book is dis­pensed with as prayed for. Ed. This Case is also Reported in: 9 ADC (2012) 265.......d in manufacturing forged certificates and deeds and were trying to grab the waqf property. One inspector of C.I.D. of Bangladesh inquired into allegations made in that F.I.R. and finding prima facie case submitted charge sheet against the accused persons under sections 419, 420, 467, 468, 471, 406,..

Category: Procedural Law | Date: | Hits: 163

Government of Bangladesh Vs. Abdul Majid, 2012, 41 CLC (AD)

....erred in law in discharging the Rule. 13. The petitioner is permitted to prepare the paper-books out of Court in accor­dance with Rules. Ed. This Case is also Reported in: 9 ADC (2012) 258. ......it. 2. The facts, leading to the filing of this petition, in brief, are that the plaintiffs filed the suit against the Government for declaration of their title to the suit land. The plaintiff’s case is that the suit land along with other land originally belonged to Kasirun Nessa Chowdhury, wif..

Category: Property Law | Date: | Hits: 93

IFIC Bank Ltd. Vs. Eknabin & Co. and others, 2010, 39 CLC (HCD)

....6 dated 18-9-2005 are set aside. In the result, the Rule is made absolute without any order as to cost. Communicate this order. Ed. This Case is also Reported in: 63 DLR (HD) (2011) 123. ......This Rule by the opposite party No.1 petitioner directed against order No.4 dated 13-9-2005 passed by the learned District Judge, Dhaka in transfer Miscellaneous Case No.918 of 2005 allowing the said case and thereby transferring Artha Jari Case Nos.30 of 2005 and 31 of 2005 from the Court of Artha..

Category: Procedural Law | Date: | Hits: 126

Abeda Chowdhury Vs. State and another, 2009, 38 CLC (HCD)

....Advocate for the petitioner is per­mitted to take back the certified copies of the annexure by replacing the photocopies of the same. Ed. This Case is also Reported in: 63 DLR (HD) (2011) 118. ......titioner Vs. State and another.................................Opposite Parties Judgment October 29, 2009 Result: The Rule is discharged and the proceedings in Metropolitan Sessions case should not be quashed. Cases Referred to- Nizamuddin Mahmood Vs. Abdul Hamid Bhuiyan, 60 ..

Category: Criminal Law | Date: | Hits: 113

Rowshena Jahan Vs. State and another, 2010, 39 CLC (HCD)

....rned Court shall proceed with the case in accordance with law. Send a copy of the judgment and order to the Court below immediately. Ed. This Case is also Reported in: 63 DLR (HD) (2011) 90. ......tion Commission Act, 2004 along with section 109 of the Penal Code and 15(Kha) of the Emergency Power Rules 2007. The learned Special Judge took cognizance against the accused persons registering the case as Metropolitan Special Case No.42 of 2009. The accused-petitioner had been absconding at the r..

Category: Criminal Law | Date: | Hits: 100

Buxly Paints (Bang­ladesh) Ltd. Vs. Bangladesh, 1977, 6 CLC (AD)

....d order of the High Court Division are set aside and it is declared that the Notification dated 19-2-12 is without any lawful authority. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 266.......972, the Government was fully empowered under the provisions of the said Presidential Order to take over possess­ion and management of the industrial unit concerned. 8. It is not disputed in this case that the agreement which was entered into by Buxly Paints (Pakistan) Ltd, a Pakistani Company w..

Category: Property Law | Date: | Hits: 79

Sukhamoya Dutta Gupta Vs. Abdul Gafur and others, 1979, 8 CLC (AD)

..... Accordingly the appeal is allowed. The order of the High Court un­der appeal is set aside and those of the Courts below are restored. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 262.......dgment of the High Court dated November 19, 1976 passed in Criminal Revision No.430 of 1975. 2. Short question for our consideration in this appeal is whether in the facts and circumstances of the case the High Court was well founded in law in holding that the accused had bona fide claim of right..

Category: Criminal Law | Date: | Hits: 94

Syed Abdul Ali Vs. Secretary, Ministry of Cabinet Affairs, Establishment Division & others, 1979, 8 CLC (AD)

....the dismissal order has been passed without any lawful authority and is of no legal effect. However, there will be no order as to costs. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 256.......sions of this Order by such authority and on such terms and conditions as may be prescribed: Provided further that no public servant shall be re-employed for more than one year at a time and in no case the period of such re-employment shall extend beyond the completion of the fifty eight year of ..

Category: Employment/Service Law | Date: | Hits: 107

Nasiruddin Sarkar Vs. Member, Appellate Tribunal & others, 1979, 8 CLC (HCD)

....gment and order of the High Court Division are set aside. The order of conviction and sentence passed against the appellant are quashed. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 310.......ting aside the order of conviction and sentence-passed against the appellant under Section 19A(f) of the Arms Act read with Item No.3 of the Schedule to the Special Powers Act, 1974 and remanding the case to the Appellate Tribunal with direction for re-hearing and disposal of the appeal expeditiousl..

Category: Criminal Law | Date: | Hits: 91

Bangladesh Biman Corpo­ration Vs. Chowdhury Mohammad Yusuf and another, 1979, 8 CLC (AD)

....ority. Since we have found that termination orders were passed without lawful authority, both the appeals are dismissed with costs. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 305. ......me into play for governing the relationship be­tween the petitioner and the respondents in the absence of any rules framed; (2) Whether the decision given in 29 DLR (SC), 41, is applicable in the case of termination simpliciter of an employee of a statutory corporation; and (3) Whether the fi..

Category: Employment/Service Law | Date: | Hits: 123