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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. ......hid Smrity High School”, Rajnarikel with member Suruj Ali, Razzak and Chairman, Dr. Aftabuddin @ Kala Miah, the Chairman Dr. Aftabuddin requested him to take him by his bi-cycle. He stated that, accordingly, he took him (Dr. Aftabuddin) in front of his bi-cycle and reached at Chanapara Bazar bu......llants Vs. State……………………………………………………………………..Respondent Judgment July 17, 1994. Result: The appeal is allowed. Cases Referred to- Abdul Hakim and others Vs. State, 43 DLR 389; Ruston Ali Vs. State, 9 BLD (1989); 43 DLR 512......., became the Relief Chairman of Kamargaon Union Parishad after the War of Liberation. The miscreants maintained grudge against him for his active co‑operation with the Administration to improve the law and order situation, which had deteriorated in their local area. Her husband was Relief Chairman..Category: Criminal Law | Date: | Hits: 74
Abdur Rahman and others Vs. Abdus Sattar and others, 1995, 24 CLC (HCD)
.... all the questions involved in the suit. The learned court below having failed to consider the claim of their interest, committed error of law resulting in an error in the decision causing failure of justice. 4. Mrs. Sufia Khatoon, the learned Advocate appearing for the opposite party No. 1, has ....... 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. ........................Opposite Parties Judgment February 19, 1995. Result: The Rule is made absolute. Lawyers Involved: A S Md. Ramzan Khan, Advocate‑For the Petitioners. Sufia Khatoon, Advocate‑For the Opposite Party. Civil Revision No.2771 of 1992. Judgment Syed JR M......ourt effectually and completely to adjudicate upon and settle all the questions involved in the suit. The learned court below having failed to consider the claim of their interest, committed error of law resulting in an error in the decision causing failure of justice. 4. Mrs. Sufia Khatoon, the ..Category: Property Law | Date: | Hits: 47
....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.
......aring the parties a Division Bench of this court found the detention of the detenu on the basis of this order passed by the Government on 6-11-93 as aforesaid illegal and without lawful authority and accordingly, directed release of the detenu by its judgment delivered on 29-11-93. It is alleged tha.....................opposite parties
Judgment
January 6, 1994.
Result:
The Rule is made absolute.
Lawyers Involved:
Alaluddin, Advocate‑For the Petitioner.
M. Shamsul Alam, Deputy Attorney‑General‑For the Opposite Parties.
Criminal Miscellaneous Case No. 1954 of 1993.
Jud......zimuddin, has been challenged by the petitioner Mrs. Nasima Akhter (Papi) who happens to be the wife of the detenu.
3. It is alleged in the application that the detenu is a small businessman and a law abiding citizen. He was falsely implicated in an entry in the general diary of the Kotwali polic..
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: ......ot, stating that .28 acre land of Plot No. appertaining to S.A. Khatian No. 227 of Mouza Guatala under district Madaripur originally belonged to Kailas Chandra Saha and others. R.S. and S.A. records accordingly were prepared in their names. As one of the co-sharers of the suit holding fell into arr...... Md. Zahangir, Advocate on Record - For the Petitioner. Md. Nurul Islam Chowdhury, Advocate on Record - For Respondent Nos. 1-3. Not represented Respondent Nos. 4-6. Civil Petition for Leave to Appeal No. 191 of 2010 (From the judgment and order dated 18th November, 2009 passed by the Hi......s given cogent reasons for coming to the decision which was arrived at after elaborate discussion of the evidence and materials on record. The impugned judgment being based on proper consideration of law and facts, does not suffer from any illegality and does not call for any interfere by this Divis..Category: Property Law | Date: | Hits: 70
....nder section 16 of the General Clauses Act. It is further alleged that since before issuance of the impugned order no show cause notice was given, the impugned order offended the principle of natural justice and, as such, it is liable to be struck down.
5. In this case an affidavit-in-opposition ......e there was deterioration of law and order and academic atmosphere of the University. Four students 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 tota......……Petitioner
Vs.
Chancellor of Rajshahi University, Rajshahi & others………………Respondents
Judgment
July 1, 1997.
Result:
The Rule is discharged.
Cases Referred to-
Dr. Syed Mahbubur Rahman Vs. Bangladesh University of Engineering and Technology, 45 DLR 333;......inistry of Education, Government of the People’s Republic of Bangladesh and Secretary to the Chancellor of Rajshahi University, Rajshahi, should not be declared to have been passed/made without any lawful authority and is of no legal effect.
2. In this writ petition the petitioner describes him..
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: ......ed by Md. Aftab Hossain, Advocate on Record - For the Respondent (In Civil Petition No. 2692 of 2010). Not represented - Respondents (In Civil Petition No. 78 of 2011). Civil Petition for Leave to Appeal Nos. 2101 of 2010 with 2171 of 2010; 2692 of 2010 and 78 of 2011 (From the judgment and......ainst the judgment and order dated 08.10.2009 passed by the High Court Division in Writ Petition 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..Category: Employment/Service Law | Date: | Hits: 73
Mohadashi Sutradhar and another Vs. Monindra Chandra Sannyashi and others, 2011, 40 CLC (AD)
.... those of the appellate Court and consequently no merit in the submission of Mr. Awlad Ali. Accordingly, this petition is dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 773. ......Mohan Sarkar sold 27 decimals of land to Sheikh Jobed Ali and Roy Chand Sutradhar vide kabala dated 12.05.1951. Thereafter, Sheikh Jobed Ali sold his share in the suit land to Roy Chand Sutradhar and accordingly, S.A. record was correctly prepared in the name of Roy Chand Sutradhar. Roy Chand Sutrad......by Syed Mahbubar Rahman, Advocate-on-Record-For the Petitioners. Zainul Abedin, Advocate-on-Record-For Respondent Nos. 1-4. None represented-For Respondent Nos. 5-6. Civil Petition for Leave to Appeal No. 483 of 2009. (From the judgment and order dated the 25th day of January, 2009 passe......plot No.1054 corresponding to R.S. plot No.1054 and 2033 originally belonged to Alokeshi Bewa and her name was correctly recorded in the C.S. Khatian. Alokeshi Bewa died leaving behind her brother-in-law's son Surendra Mohan Sarkar. While Surendra Mohan Sarkar was in possession of the said land as t..Category: Property Law | Date: | Hits: 68
....without framing any charge terminated the petitioner’s service and also did not consider the inquiry report before terminating them from the service, which is violative to the principles of natural justice. It is further contended that the High Court Division erred in law in failing to consider th......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.
......Surendra Kumar Sinha J
Arun Chandra Das and others………….........Petitioners
Vs.
Chittagong Port Authority, Bandar Bhaban, Chittagong and others..............Respondents
Order
October 6, 2010.
Result:
Leave is granted.
Case Referred to-
Bangladesh Parjatan Corporati......ovisions for retirement and re-employment of public servants will be applicable, which does not provide for termination of an employee in public service without following the procedures provided by law. The writ petitioners were terminated from the service in violation of Articles 27 and 31 of t..
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. ......deed of gift dated 14th November, 1958, exhibit-Ka, that the plaintiff did not challenge the defendants deeds exhibits-A-Tha executed by Mohendra to Ashiaron Rahman, that the record was also prepared accordingly, that the deed of 1928 in favour of the plaintiffs mother was not acted upon and that th......e CJ Md. Muzammel Hossain J Surendra Kumar Sinha J Sukendra Bikas Das and others ............Petitioners Vs. Anil Baran Das and others…………………..Respondents Order October 27, 2010. Result: Extension of stay order is granted. Lawyers Involved: Mahmudul I......chased the suit land by different deeds from Suda Rani, wife of Gogendra, who is father of the plaintiff and they having been possessed the suit land after purchase, the High Court Division erred in law in reversing the findings arrived at by the Courts below in exereise of its revisional jurisdict..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. ...... Lawyers Involved: A.S.M. Khalequzzaman, Advocate instructed by Mohammad Nawab Ali, Advocate-on-Record- For the Petitioner. None represented-For the Respondent. Civil Petition for Leave to Appeal No. 457 of 2009 (From the judgment and order dated the 10th day of November, 2008 passe......iff. Hence, this petition for leave to appeal. 7. Mr. A.S.M. Khalequzzaman, learned Advocate, appearing for the petitioner, has contended that the learned Judge of the High Court Division erred in law in passing the impugned judgment and order inasmuch as he ascertained the share of the plainti..Category: Property Law | Date: | Hits: 66
Government of Bangladesh Vs. Md. Golam Nabi, 2010, 39 CLC (AD)
.... view that the authority did not supply the inquiry report to the respondent and as a result, he could not defend properly against the charge and thereby, he was deprived of the principles of natural justice. 5. We have heard the learned Deputy Attorney General on behalf of the petitioners and ......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. ......riat, Dhaka and others ........Petitioners Vs. Md. Golam Nabi ..............................................Respondent Order November 1, 2010. Result: The petitioners are permitted to add the additional grounds. Lawyers Involved: Rajik-Al-Jalil, Deputy Attorney General, inst......ent and order only on the ground that the authority has not supplied the copy of the inquiry report to the respondent for which he could not defend himself properly without considering the relevant law i.e. The Police Officers (Special Provision) Ordinance, 1976 which is a special law and there is..Category: Administrative Law | Date: | Hits: 163
Siddiqur Rahman and others Vs. Md. Monwar Hossain and others, 2011, 40 CLC (AD)
....and prayed for time and the statement as made by P.W.2 in application to be impleaded as co-pre-emptor. Such non-consideration of the evidence has affected the result of the case causing a failure of justice". 6. We have heard the learned counsel of the parties and considered the connected papers......circumstances of the case, we are of the view that the High Court Division upon correct 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 Petitioners. Mahmudul Islam, Senior Advocate, instructed by Nurul Islam Bhuiyan, Advocate-on-Record-For Respondent No.1. Not Represented-For Respondent Nos. 2-118. Civil Petition for Leave to Appeal No. 135 of 2010 (From the judgment and order dated 26.8.2009 passed by the High Court D......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)
....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.......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.......Supreme Court Appellate Division (Civil) Present: ABM Khairul Haque CJ Md. Muzammel Hossain J Surendra Kumar Sinha J Bangladesh Water Development Board, represented by its Director General, WAPAD Bhaban, Motijheel C/A, Dhaka and others..........Petitioners Vs. Md. Shafiq......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. ......tances of the matter, the Administrative Appellate Tribunal is perfectly justified 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. ......011. Result: This petition is dismissed. Lawyers Involved: Abdul Wadud Bhuiyun, Senior Advocate, instructed by Gias Uddin Ahmed, Advocate-on-Record-For the Petitioner. Mahbubey Alam, Attorney General-For the Respondent. Civil Petition for Leave to Appeal No. 1914 of 2009. (From ......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
....ounsel, 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 rightly sent the suit back on remand to the trial Court with directi......old local investigation invoking the inherent power as envisaged in section 151 of the Code of Civil Procedure.
9. In view of the above, we find merits in the submissions of Mr. Mahmudul Islam and accordingly, leave is granted to consider the following points:
I. Whether the learned Judge of t......ior Advocate instructed by A.K.M. Shahidul Islam, Advocate-on Record-For Respondent No. 3 (c).
None represented-For Respondent Nos.1-2, 3(a)-3(b) and 3(d)-3(e), 4-13.
Civil Petition for Leave to Appeal No. 538 of 2009.
(From the judgment and order dated the 28th and 29th days of October,......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)
....mmissioner (Revenue) without deciding the said miscellaneous case sent the same to the Assistant Commissioner (Land), Bawfal on 16.05.1999 for adjudication. The plaintiff felt that he would not get justice before the Assistant Commissioner (Land); so, he instituted the instant suit for cancellatio...... 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. ......howdhury Md. Zahangir, Advocate-on-Record-For the Petitioners. Bivash Chandra Biswas, Advocate-on-Record-For Respondent No.1 None represented-For Respondent Nos.2-3. Civil Petition for Leave to Appeal No. 460 of 2009. (From the judgment and order dated the 10th day of August, 2008 passed...... 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. ...... 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. ......echnical Education Board represented by the Chairman Agargaon, Shere Banglanagar, Dhaka.........................Petitioner Vs. Md. Anamul Haque and others…….......Respondents Order October 6, 2010. Result: The order of status-quo granted earlier be extended till disposal of th......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)
....d by the High Court Division 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 t......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. ......For the Petitioner. Shaheed Alam, Senior Advocate instructed by Syed Mahbubar Rahman, Advocate-on-Record-For Respondent No.2. None represented-For Respondent No.1. Civil Petition for Leave to Appeal No. 124 of 2010. (From the judgment and order dated the 8th day of November, 2009 passe......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. ......aring the learned Advocates of both the sides I hold that the learned Sessions Judge has committed illegality in passing the impugned order dated 20.10.91 and it requires interference. The Rule is accordingly made absolute. The order dated 20.10.91 passed by the learned Sessions Judge, Munshiganj......the Opposite Party No.1. Criminal Revision No. 3155 of 1991. Judgment Mahmudul Amin Chowdhury J.- This Rule was issued calling upon the Deputy Commissioner Munshiganj and opposite party No.1 to show cause why the order dated 20.10.92 passed by the learned Sessions Judge, Munshiganj in Crimi......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)
....finite 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 the petitioner 2 was added in that suit on 15.2.83 after filing t......ir application although from the process server's report it appears that the said order of temporary injunction was served on the petitioner 1 on 31.7.81 as recorded by the lower appellate Court. But according to the judgment of the trial Court, the same was served on 5.8.81. The learned counsel for......n J Rafiqul Hossain @ Ranaesh and another....................Petitioners Vs. Lal Mohan Saha and others....................Opposite Parties Judgment December 19, 1991. Cases Referred to- Mawazzam Ali Khan and others Vs. Shobash Chandra Pakrashi and another, 1927 Cal. 598; Mamtaz ......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
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