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Aslam Hossain Chaklader Vs. Ali Nur and others, 1991, 20 CLC (HCD)
....d was accepted and the suit Hat was leased out to him for the year 1398 BS and he will sustain a great loss and injury if he is now restrained from collecting tolls after purchase of the ejara by his good money. It is further alleged that the suit is not maintainable as no notice was served under se......te Judge is hereby set aside and the petition for temporary injunction is rejected. The connected Rule is disposed of accordingly. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 366. ......te Judge is hereby set aside and the petition for temporary injunction is rejected. The connected Rule is disposed of accordingly. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 366. ..Category: Civil Law | Date: | Hits: 74
Abdul Awal and others Vs. Abdul Hamid and others, 1991, 20 CLC (HCD)
....ce and as such it does not call for any interference. In the result, the second appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 363. ......Ali, Jonab Ali, Nayab Ali, Kudrat Ali, Hossain Ali and Rustam Ali, and these 6 brothers made an amicable partition of the land in suit. Rustarn Ali died leaving Lal Md. who lived with Amir Ali and CS record of right was prepared accordingly. Lal Md. died leaving his uncle and mother. Hossain Ali and......ce and as such it does not call for any interference. In the result, the second appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 363. ..Category: Property Law | Date: | Hits: 69
Anwar Hossain and others Vs. Abul Hossain Molla and others, 1991, 20 CLC (HCD)
.... Appeal No.323 of 1969 is hereby set aside and those of the trial Court are restored. In view of this fact I make no order as to cost. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 79. ......o remain in possession of the entire land. It is further stated in the plaint that 1.28 acres of land described in schedule 'Cha' to. the plaint out of the entire land of Roushan Ali had wrongly been recorded in the name of the defendant in rent roll Khatian and taking advantage of the wrong entry i...... Appeal No.323 of 1969 is hereby set aside and those of the trial Court are restored. In view of this fact I make no order as to cost. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 79. ..Category: Property Law | Date: | Hits: 91
Dr. Joynal Abedin Vs. State, 1991, 20 CLC (HCD)
....if the petitioners are not further prosecuted in connection with the alleged occurrence resulting in the filing of CR Case No.45 of 1985. Ed This Case is also Reported in: 44 DLR (HCD) (1992) 77.......oners. 5. The complainant examined 5 witnesses including himself and the Medical Officer. The accused petitioners examined none. After taking into consideration the evidence and other materials on record the trial Court found the accused petitioners guilty under sections 147, 323 and 447 of the P......if the petitioners are not further prosecuted in connection with the alleged occurrence resulting in the filing of CR Case No.45 of 1985. Ed This Case is also Reported in: 44 DLR (HCD) (1992) 77...Category: Criminal Law | Date: | Hits: 79
Bangladesh Vs. Md. Aslam and others, 1989, 18 CLC (HCD)
.... Title Suit No.3 of 1976, is hereby set aside and the judgment and decree of the learned Subordinate Judge are affirmed and maintained. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 69.......on and all the land surrendered to the Government by that Tea Estate as excess of khas lands had vested in the Government. Mr. Modassir Hossain also argues that there are errors of law on the face of record and as such the impugned judgment and decree must be set aside. 6. Mr. JN Dev, the learned...... Title Suit No.3 of 1976, is hereby set aside and the judgment and decree of the learned Subordinate Judge are affirmed and maintained. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 69...Category: Property Law | Date: | Hits: 96
Nikhil Kumar Sarker Vs. Bangladesh, 1991, 20 CLC (HCD)
....sistant Teacher of the said nationalised school is without any lawful authority. The application is, therefore, summarily rejected. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 67. ......sistant Teacher of the said nationalised school is without any lawful authority. The application is, therefore, summarily rejected. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 67. ......arted teaching on voluntary basis as Assistant Teacher in Goalundo Shahid Smrity Girls' High School. Goalundo, Rajbari, from 1984. While serving as such the petitioner applied for the post of regular service as teacher in the same school in response to an advertisement published in the daily "Dainik..Category: Employment/Service Law | Date: | Hits: 82
....ind no illegality whatsoever in impugned orders and on the grounds stated above, the Rule is discharged without any order as to cost.
Ed.
This Case is also Reported in: 45 DLR (HCD) (1993) 333.
......ind no illegality whatsoever in impugned orders and on the grounds stated above, the Rule is discharged without any order as to cost.
Ed.
This Case is also Reported in: 45 DLR (HCD) (1993) 333.
......ht to office was issued without giving any notice to the petitioner and without giving him any opportunity of being heard. Under the provision of the statute of the University an action affecting the service of a teacher can be taken only upon drawing up proceedings and holding enquiry and affording..
Category: Employment/Service Law | Date: | Hits: 155
State Vs. Amin Huda, 2011, 40 CLC (AD)
....fore the Druta Bichar Tribunal within 6(six) weeks from the date of receipt of this judgment. Ed. This Case is also Reported in: 63 DLR (AD) (2011) 152,8 LG (AD) (2011) 164, VIII ADC (2011) 890. ......under item Nos.5 and 9(Kha) of the Table to section 19(1) and item Nos.5 and 9 (Kha) of the Table to section 19(1)/20/22(ga) of the Act, 1990 respectively. After submission of charge-sheets, the case records were transmitted to the Druta Bichar Tribunal No.4, Dhaka where the cases were registered as......fore the Druta Bichar Tribunal within 6(six) weeks from the date of receipt of this judgment. Ed. This Case is also Reported in: 63 DLR (AD) (2011) 152,8 LG (AD) (2011) 164, VIII ADC (2011) 890. ..Category: Criminal Law | Date: | Hits: 112
Government of Bangladesh and others Vs. Excellent Corporation, 2010, 39 CLC (AD)
....agent will act on behalf of the principal as per directions given by the principal. If the principal sustained any loss due to the act or negligence of the agent, there are provisions for making it good to its principal. Therefore, the agent is not acting for or on behalf of the third party or is ......ion in the agreement and therefore, the Government cannot agree to make the payment of commission as claimed by the writ petitioner. 5. The High Court Division on consideration of the materials on record though noticed that there is no provision in the contract document for payment of local age......third party or is acting for the benefit of the third party. The agent, on the other hand, is acting for the benefit of his principal and the remuneration or Commission, as the case may be, for the service of the agent will be decided as per terms of their contract and the nature of the business..Category: Business or Commercial Law | Date: | Hits: 267
Bangladesh and another Vs. Md. Abdul Karim, 2011, 40 CLC (AD)
....e Administrative Appellate Tribunal, Dhaka. Ed. This Case is also Reported in: 63 DLR (AD) (2011) 143, 31 BLD (AD) (2011) 117, 8 LG (AD) (2011) 159, 16 MLR (AD) (2010) 361, VIII ADC (2011) 589. ......r appeal; (c) Procedure to be followed by a Tribunal in hearing an application or appeal, as the case may be; (d) Form and service of notices, summonses and requisitions; (e) Prescription of records and reports to be maintained or prepared by a Tribunal; (f) Execution of decisions and or......lication or appeal may be made; (b) Registration of an application or appeal; (c) Procedure to be followed by a Tribunal in hearing an application or appeal, as the case may be; (d) Form and service of notices, summonses and requisitions; (e) Prescription of records and reports to be mai..Category: Administrative Law | Date: | Hits: 181
Mohiuddin Ahmed and others Vs. Lutfur Rahman and another, 1990, 19 CLC (HCD)
....oners in place of the name of respondent No.1 in respect of the shares which the petitioners had held on 8.3.85 in the above company. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 48. ...... interest of the bank. This letter was written on January 14, 1987, whereas a deadline of releasing the mortgaged property from Pubali Bank expired on 31st March, 1986. Obviously, it appears from the record that respondent No.1 failed to fulfill the second term of the agreement by not getting the ho......oners in place of the name of respondent No.1 in respect of the shares which the petitioners had held on 8.3.85 in the above company. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 48. ..Category: Company Law | Date: | Hits: 159
Syed Mokbul Hossain Vs. Government of Bangladesh, 1990, 19 CLC (HCD)
....n. On appeal taken there against, the Supreme Court of Pakistan affirmed the High Court's decision holding that a discretion vested in a public authority must be exercised fairly, reasonably and in a good faith. Their Lordships further observed that undoubtedly to travel abroad could be barred if it......ements on or varying the conditions of a passport or travel document under clause (1), or makes an order impounding or revoking a passport or travel document under clause (2) of this Article it shall record in writing a brief statement of the reasons for making such order and furnish to the person c......t should not be lightly interfered with. In the facts and circumstances of the case, there will, however, be no order as to costs. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 39. ..Category: Constitutional Law | Date: | Hits: 288
Salahuddin Khan and others and others Vs. Md. Abdul Hai Bahar and others, 2011, 40 CLC (AD)
.... The trial Court is further directed to dispose of the suit as expeditiously as possible. Ed. This Case is also Reported in: 63 DLR (AD) (2011) 138, 31 BLD (AD)(2011) 185, VIII ADC (2011) 869. ...... The trial Court is further directed to dispose of the suit as expeditiously as possible. Ed. This Case is also Reported in: 63 DLR (AD) (2011) 138, 31 BLD (AD)(2011) 185, VIII ADC (2011) 869. ...... The trial Court is further directed to dispose of the suit as expeditiously as possible. Ed. This Case is also Reported in: 63 DLR (AD) (2011) 138, 31 BLD (AD)(2011) 185, VIII ADC (2011) 869. ..Category: Civil Law | Date: | Hits: 86
Amin Mia (Md.) Vs. Nazir Ahmed and another, 2008, 37 CLC (AD)
....on correct assessment of the materials on record arrived at a correct decision. The petition is dismissed. Ed. This Case is also Reported in: 63 DLR (AD) (2011) 136, 19 BLT (AD) (2011)137. ......ioner Vs. Nazir Ahmed and another……………………...Respondent Judgment December 14, 2008. Lawyers Involved: AA Chowdhury, Advocate, instructed by Md. Nawab Ali, Advocate-on-record-For the Petitioner. Not represented- the Respondents. Criminal Petition for Leave to A......on correct assessment of the materials on record arrived at a correct decision. The petition is dismissed. Ed. This Case is also Reported in: 63 DLR (AD) (2011) 136, 19 BLT (AD) (2011)137. ..Category: Criminal Law | Date: | Hits: 89
Sadharan Bima Corporation Vs. Philoship Co. S A, 1990, 19 CLC (HCD)
....E of sub‑section (1) of section 55 and sub‑section(2) of section 55 have prescribed as to how the agent will act on behalf of the principal with regard to the damage or loading or delivery of the goods. So the function or liability of the agent is limited as prescribed under section 55 of the af......to the other ship namely, MV Hios to cause damage to MV Zahirabad. Mr. Hafizullah frankly submits that it is not his case. On the basis of the facts and circumstances of the case and the materials on record Mr. Hafizullah submits that both the ships were negligent and as such both should be equally ......of the case as stated above, I find no merit in the present suit and as such it is dismissed on contest without any order as to costs. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 31. ..Category: Admiralty Law or Maritime Law | Date: | Hits: 177
Farid Ahmed and others Vs. State and another, 1990, 19 CLC (HCD)
.... of earlier complaint is not maintainable. The petition merits no consideration. Therefore, the application is summarily rejected. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 30. ......full Bench decision in the case of Emperor Vs. Maunga Ba Thon, reported in 32 CrLJ 950 (of the Rangoon High Court). Section 436 reads as follows: "436. Power to order inquiry.- On examining any record under section 435 or otherwise, thee High Court or the Sessions Judge may direct the District...... of earlier complaint is not maintainable. The petition merits no consideration. Therefore, the application is summarily rejected. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 30. ..Category: Criminal Law | Date: | Hits: 78
Bangladesh Mukti Judda Kallyan Trust Vs. Nurul Hossain and others, 1990, 19 CLC (HCD)
....be protected under section 53A of the Transfer of Property Act. This possession of the plaintiff of the instant godown and office is not that of a trespasser but of a bona fide purchaser for value in good faith and the authority that sold the property is the legal owner of the same and, therefore, t......there is an appeal against that order of eviction issued under sections 3, 4, 5 and other sections and the decision arrived in appeal would cause finality but in the, instant case there is nothing on record to show that any such notice had been served. Therefore, it has been clearly found by the cou...... in certain cases or section 5, eviction of unauthorised occupant or section 9 compensation for unauthorised occupation, may prefer an appeal to the Commissioner of the Division within 30 days of the service of the notice and the decision of the Commissioner on such appeal shall be final and no Cour..Category: Property Law | Date: | Hits: 389
Abdul Jabbar Vs. State and Pradip Kumar Biswas, 1991, 20 CLC (HCD)
....opy of this order to Mr. Shafiqul Islam, Chief Metropolitan Magistrate, and Khulna immediately for his future guidance and instructions. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 21.......opy of this order to Mr. Shafiqul Islam, Chief Metropolitan Magistrate, and Khulna immediately for his future guidance and instructions. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 21.......nable. 5. In the Rule issued by this Court the Rule was made returnable within four weeks which does not mean that the stay granted was for four weeks only. A returnable rule is dated on which the service of notices upon the parties are said to be notified fixing that date for the appearance of..Category: Criminal Law | Date: | Hits: 84
Fazle (Md) Rabbi and others Vs. Election Commissioner, 1991, 20 CLC (HCD)
....r his election, to make and subscribe the oath or affirmation prescribed for a Member of Parliament in the Third Schedule: Provided that the Speaker may, before the expiration of that period, for good cause extend it." If the aforesaid provision in the Constitution was not made, the seat of a...... seats exclusively reserved for women members of the Parliament. On the grounds stated above the application is summarily rejected. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 14. ...... seats exclusively reserved for women members of the Parliament. On the grounds stated above the application is summarily rejected. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 14. ..Category: Constitutional Law | Date: | Hits: 164
Anisul Islam Mahmood and others Vs. Government of Bangladesh, 1991, 20 CLC (HCD)
....decision in bad faith. It may have made a decision which it had no power to make. It may have failed in the course of the enquiry to comply with the requirements of natural justice. It may in perfect good faith have misconstrued the provisions giving it power to act so that it failed to deal with th...... করা হইবে। (মোঃ হাবিবুল্লা) সিনিয়র স্পেশাল ট্রাইব্যুনাল, ঢাকা। It appears from the records of the Special Tribunal Case No.118 of 1991 that the accused petitioner Sardar Amjad Hossain......sh Gazette in view of the order dated 11.12.90 passed against him by the Government under section 3(1)(a) of the Special Powers Act detaining him for a period of 120 days with effect from the date of service of notice upon him, the petitioner failed to appear before the DIG, Prisons, Dhaka Central J..Category: Criminal Law | Date: | Hits: 88
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