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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. ......e the rule absolute and restored that of the learned Assistant Judge. 4. Mr. Mansurul Haque Chowdhury, learned 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 exce..Category: Property Law | Date: | Hits: 72
Bangladesh Water Development Board Vs. Md. Shafiqul Islam and others, 2010, 39 CLC (AD)
.... 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 provisions of Service Rules, 1982 and discriminated regarding up gradation to scales of its own em......t. Upgradalion of scale of Block Supervisors does not create any obligation upon the petitioners to upgrade higher scale of the writ petitioners and that the writ petitioners have not mentioned any law which has been violated for not upgrading them. The writ petition, is therefore, not maintainabl..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. ......ent of the Administrative Tribunal. 2. Mr. Abdul Wadud Bhuiyan, learned counsel appearing for the petitioner assailed the judgment on the ground that the Administrative Appellate Tribunal erred in law in interfering with the judgment in failing to notice that the Ministry of Establishment by it..Category: Administrative Law | Date: | Hits: 194
....remand with the purpose to ascertain the suit land. Mr. Islam has lastly contended that it being a well settled legal proposition that inherent power cannot be invoked while acting under specific provisions of law, the learned Judge of the High Court Division acted beyond the scope of revision i......nd documentary having concurrently found that the plaintiffs failed to establish their right, title, interest in the C.S. plot No.1548, the learned Judge of the High Court Division committed error of law in sending the suit back on remand to the trial Court with a direction to dispose of the same af..
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. ...... giving the parties chance to adduce evidence, but instead of the High Court Division decreed the suit setting aside the judgment and decree passed by the appellate Court and thus, committed error of law in passing the impugned judgment and order and as such, the same calls for interference by this ..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. ......posts of Six Office Assistant-cum-Typists and Seven M.L.S.S. The writ petitioners had every legitimate expectation that they would he appointed on regular basis with the grades and scales provided by law. All the writ petitioners submitted applications within allowed time but the Board with mala f..Category: Employment/Service Law | Date: | Hits: 133
Md. Hossain Ahmed Vs. Bangladesh House Building Finance Corporation and another, 2011, 40 CLC (AD)
.... of this leave petition, in short, are that respondent No.1, Bangladesh House Building Finance Corporation instituted Miscellaneous Case No.16 of 1991 before the Artha Rin Adalat at Jessore under the provision of Bangladesh House Building Finance Corporation Order, 1973 (P.O. No.7 of 1973) against t......the District Judge, Jessore. The learned District Judge who heard the miscellaneous appeal, by his order dated 26.02.2009 allowed the same directing the executing Court to pass necessary order as per law so that possession of the mortgaged property might be delivered in favour of respondent No.2. ..Category: Civil Law | Date: | Hits: 108
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. ......ed 20.10.91 passed by the learned Sessions Judge, Munshiganj in Criminal 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. ......submits that the learned Subordinate Judge without recording a definite date as to when the order of temporary injunction was disobeyed by the petitioners in cutting away the paddy committed error of law resulting in an error in the decision occasioning failure of justice. Secondly, he submits that ..Category: Criminal Law | Date: | Hits: 90
Kibria and Associates Ltd. Vs. Bangladesh Agricultural Development Corporation, 1992, 21 CLC (HCD)
.... of interest not having been taken before Arbitrator the respondent is estopped to raise the same for the first time in Court. 12. Mr. Syed Ishtiaque Ahmed contends, on the other hand, that unless provision for payment of interest is contained in the agreement or in the substantive law e.g. secti......, Clause No.17 to the effect: "Any dispute of claims which cannot be amicably settled by negotiation between the Contractor and the Employer shall be settled by Arbitration in accordance with the laws for arbitration effective in Bangladesh." The construction work after execution of the agreemen..Category: Alternative Dispute Resolution | Date: | Hits: 156
....deration before Division Bench of this Court in the case of Chairman Board of Intermediate and Secondary Education, Dhaka and others reported in 46 DLR 485. After elaborate discussions of the various provisions of the Ordinance and the regulations the Division Bench held that in a case in which the ......site parties. The learned Assistant Judge by the impugned order rejected the application holding that civil Court has jurisdiction to see as to whether show cause notice was issued in accordance with law.
3. Mr. Nurul Amin, learned Advocate appearing with Mr. Dewan Mukhdum, submits that in view o..
Category: Employment/Service Law | Date: | Hits: 66
....overnment is authorised to pass fresh order of detention subject to its satisfaction that such detention is necessary to prevent commission of prejudicial act (s) as detailed in the Act, 1974 and the provisions of said section do not authorise the government to pass any order of extension of any det......Sarak, PS Mongla, District Bagerhat now being detained in Bagerhat District Jail, should not be brought before this Hon'ble Court so that it may satisfy itself that he is not being detained without lawful authority or in an unlawful manner and/or pass such other or further order or orders passed a..
Category: Criminal Law | Date: | Hits: 64
AKM Haroon‑or‑Rashid & another Vs. AKM Mostafa Kamaluddin and others, 2001, 30 CLC (HCD)
....ne after another, the defendant-petitioners had been delaying the disposal of the suit which was already fixed for peremptory hearing. 17. After hearing the learned Advocates and on perusal of the provisional application, the annexures and the impugned order it appears that the defendant-petition......he learned Assistant Judge while rejecting the applications for rejection of plaint, could have taken into consideration the question of valuation and given reasons therefore. Mere misquoting of law in the applications did not debar the learned Assistant Judge from passing an appropriate order...Category: Civil Law | Date: | Hits: 68
Wahiduzzaman (Md.) Vs. Government of Bangladesh & others, 2003, 32 CLC (HCD)
....e 10 of Muslim Marriages and Divorces (Registration) Rules, 1975 as amended vide SRO No. 273 dated 2‑10‑2002 (Annexure-F) should not be declared to be unconstitutional. 2. As the vires of some provisions of law have been challenged in these two Rules and as the facts are also similar the Rule...... Marriages and Divorces (Registration) Rules, 1975 as amended vide SRO No. 273 dated 2‑10‑2002 (Annexure-F) should not be declared to be unconstitutional. 2. As the vires of some provisions of law have been challenged in these two Rules and as the facts are also similar the Rules were heard t..Category: Civil Law | Date: | Hits: 79
Abdur Rahman Dhali and others Vs. State, 2004, 33 CLC (HCD)
....ement for committing the offence of abetment punishable under section 109 of the Penal Code. 18. We are to remember that every case derives from a charge and every change derives from a particular provision of law. Each offence contains certain essential elements and to establish these at early s......tion report, charge-sheet and complaint petition. In spite of these limitations we are still at liberty, by invoking inherent jurisdiction, to see whether the trial Court has looked into the relevant law and the materials on record to connect the accused-petitioners with the offence leading to their..Category: Criminal Law | Date: | Hits: 85
Abdul Mannan Bhuiyan (Md.) Vs. University of Rajshahi and others, 2004, 33 CLC (HCD)
.... answer script in the Administrative Law paper been re‑evaluated, his position in the LLB (Hon's) Final Examination might have been enhanced. The learned Advocate drew our attention to the relevant provision in the Rajshahi University Calendar Volume 2 which provides for re‑examination of the an......sions for re‑examination, within a period of 2(two) months from the date of the receipt of this judgment. This re‑examination and re-evaluation should be done impartially and in accordance with law. 17. Since the facts show that the authorities of the University were in extreme laches in no..Category: Others | Date: | Hits: 157
Abdus Sattar Pramanik (Md) and another Vs. State and another, 2003, 32 CLC (HCD)
....hambhu Nath Saha and others Vs. State reported in 43 DLR 660, that when the alleged forged document is not produced in the proceeding before the Court then a private complaint is not barred under the provisions of section 195(1) (c). Quite clearly, in the instant case, in the absence of the original......ocate submitted that the document relating to Other Class Suit No. 133/41 having been filed in the partition suit, complaint or first information report lodged by a private person is barred under the law. 5. Mr. Md. Abdul Haque, the learned Advocate appearing on behalf of the opposite party No. 2..Category: Criminal Law | Date: | Hits: 62
Fazlur Rahman (Md) Vs. Md. Abdul Hamid, Advocate and others, 2002, 31 CLC (HCD)
....whether it is a writ of quo warranto or a certiorari. In any case, in spite of this ambiguity in the writ petition itself we like to decide the writ petition as it involves some interpretation of the provisions of the Constitution. 3. Mr. Khan Saifur Rahman at first referred to Article 67 of the ...... administered by the Speaker‑ I, having been elected a Member of Parliament do solemnly swear (or affirm) that I will faithfully discharge the duties upon which I am about to enter according to law: That I will bear true faith and allegiance to Bangladesh: And that I will not allow my pe..Category: Constitutional Law | Date: | Hits: 242
.... against the petitioner's right to protection of law, The learned Advocate for the petitioner in Writ Petition No. 2562 of 2003 further submits that the said Rule 10 renders the proviso of the second provision to section 4 of the Act meaningless, inasmuch as the said second proviso empowers the Gove......ney General ‑ For Respondent No. 1 (In all the Writ Petitions).
Writ Petition Nos. 6320 of 2002, 832, 728, 2014 & 2562 of 2003.
Judgment
Tariq‑ul Hakim J.- Since a common question of law arises in all these Writ Petitions they are being disposed of by the single Judgment.
2. In a..
Category: Civil Law | Date: | Hits: 70
Abdus Salam (Md) Vs. University of Rajshahi & others, 2004, 33 CLC (HCD)
....ted 7‑5‑2001 (Annexure N‑1) issued under the signature of the Registrar, University of Rajshahi, the respondent No. 4, in violation of the principles of natural justice and also of the relevant provisions of the Rajshahi University Act, 1973 (the Act, in short), 3. Being aggrieved, the peti......(1) to the petition) dated 7‑5‑2001 under the signature of respondent No. 4, dismissing the petitioner from service of the University of Rajshahi, should not be declared to have been made without lawful authority and is of no legal effect. 2. It is stated in the petition that while the petiti..Category: Employment/Service Law | Date: | Hits: 60
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