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Kazi Liakat Ali and others Vs. Chairman, Civil Aviation Authority and another, 2003, 32 CLC (HCD)
....Judgment June 21, 2003. Result: The Rule is discharged. Cases referred to- Chairman BJMC Vs. Nasir Ahmed Chowdhury and others, 7 BLC (AD) 144; Rabia Bashri, Irena and another Vs. Bangladesh Biman Corporation and another, 52 DLR 308; The North South Property Developments Limited Vs. M......harged. The order of stay granted by this Court at the time of issuance of the Rule is hereby vacated. We however, make no order as to costs. Ed. This Case is also Reported in: 56 DLR (2004) 595.......on for Leave to Appeal No. 651 of 2002 was filed against the said decision and it was rejected by the Appellate Division. 22. In respect of practice of the Authority, the petitioners have filed an order of the year 1991 showing that some daily basis employees were temporarily appointed by the Aut......harged. The order of stay granted by this Court at the time of issuance of the Rule is hereby vacated. We however, make no order as to costs. Ed. This Case is also Reported in: 56 DLR (2004) 595...Category: Employment/Service Law | Date: | Hits: 125
Al Baraka Bank Bangladesh Ltd. Vs. Rina Alam and another, 2004, 33 CLC (HCD)
.... Case is also Reported in: 56 DLR (2004) 588.......ffirmed. The bank is directed to return the schedule document within seven days of receipt of this judgment. Send down the LCR at once. Ed. This Case is also Reported in: 56 DLR (2004) 588.......a person delivers to a creditor or his agent documents of title to immovable property, with intent to create a security thereon, the transaction is called a mortgage by deposit of title-deeds." In order to create a mortgage by deposit of title deeds- (a) a person must deliver the deeds, and ......ffirmed. The bank is directed to return the schedule document within seven days of receipt of this judgment. Send down the LCR at once. Ed. This Case is also Reported in: 56 DLR (2004) 588...Category: Civil Law | Date: | Hits: 109
Abdul Mazid Khan and others Vs. Ali Howlader and others, 2003, 32 CLC (HCD)
....Court High Court Division (Civil Appellate Jurisdiction) Present: Gour Gopal Saha J Sheikh Rezowan Ali J Abdul Mazid Khan and others…………………Appellants Vs. Ali Howlader and others............... Respondents Judgment January 14, 2003. Result: The appeal......e learned Subordinate Judge, Bhola in Title Suit No. 104 of 1982 is set aside. Communicate the order at once to the learned Court below. Ed. This Case is also Reported in: 56 DLR (2004) 587. ......ne ‑ For the Respondents. First Miscellaneous Appeal No. 5 of 1985 and First Miscellaneous Appeal No. 273 of 1991. Judgment Gour Gopal Saha J. - This appeal is directed against the orders dated 24‑7‑1985 and 8-8-1985 passed by the Subordinate Judge, Bhola in Title Suit No. 104......e learned Subordinate Judge, Bhola in Title Suit No. 104 of 1982 is set aside. Communicate the order at once to the learned Court below. Ed. This Case is also Reported in: 56 DLR (2004) 587. ..Category: Civil Law | Date: | Hits: 89
Hasan Rony Vs. State, 2004, 33 CLC (HCD)
....young man and a young woman boarded in room No. 211 of the hotel on the previous day intimating that they would leave the hotel on the following morning. Nazrul Islam (PW 7), asked the hotel boy Md. Badiur Rahman (PW 8) to awaken them in the morning. PW 8 made futile attempt to awaken them, whereupo......d against him and he is acquitted thereof. Appellant Hasan Rony be set at liberty at once, if not wanted in connection with any other case. Ed. This Case is also Reported in: 56 DLR (2004) 580. ...... of Delhi, AIR 1980 SC 1341. Jail Appeal No. 62 of 2004. Judgment SK Sinha J. - This appeal by convict Hasan Rony under section 420 of the Code of Criminal Procedure is from the judgment and order of the learned Sessions Judge, Cox's Bazar in Sessions Trial Case No. 7 of 2003. The learned S......d against him and he is acquitted thereof. Appellant Hasan Rony be set at liberty at once, if not wanted in connection with any other case. Ed. This Case is also Reported in: 56 DLR (2004) 580. ..Category: Criminal Law | Date: | Hits: 128
Abdur Rashid Chowdhury Vs. Additional District Judge and others, 2003, 32 CLC (HCD)
....h J Abdur Rashid Chowdhury...........................Petitioner Vs. Additional District Judge and others……………Respondents Judgment October 20, 2003. Result: The Rule is made absolute. Cases referred to- 42 DLR (AD) 86, Begum Lutfunnessa Vs. Bangladesh, 48 DLR (AD)......by directed to proceed with the suit by issue of the summons/notice however, in accordance with law, expeditiously. Communicate at once. Ed. This Case is also Reported in: 56 DLR (2004) 573. ......que, Advocates ‑ For the Respondents. Writ Petition No. 838 of 2001. Judgment Md. Abdur Rashid J. - The above Rule Nisi was, issued upon the respondents asking them to show cause as to why order dated 28‑6‑2000 passed by the respondent No. 1 the Bankruptcy Court in Bankruptcy Suit No.......by directed to proceed with the suit by issue of the summons/notice however, in accordance with law, expeditiously. Communicate at once. Ed. This Case is also Reported in: 56 DLR (2004) 573. ..Category: Others | Date: | Hits: 185
Md. Iqbal Hossain Vs. Government of Bangladesh and others, 2011, 40 CLC (AD)
....mar Sinha J MA Wahhab Miah J Syed Mahmud Hossain J Md.MamtazUddin Ahmed J Md. Shamsul Huda J Md. Iqbal Hossain……………….............Petitioner Vs. Government of Bangladesh, represented by the Secretary, Ministry of Local Government, Rural Development and Co-operativ...... learned Advocate, appeaÂring on behalf of the leave petitioner, submits that the impugned order was delivered without hearing the Election Commission although before passing any order or direction, interim or otherwise in relation to an election, it is necessary to hear the Election Commission acc......ed by Syed Mahbubur Rahman, Advocate-on-Record-For Respondent No.11 Not represented-Respondent Nos.1-10 and 12-16. Civil Petition for Leave to Appeal No. 2030 of 2011. (From the judgment and order dated 20-10-2011 passed by the High Court Division in Writ Petition No.8469 of 2011). Judgm......passed by the High Court Division. Accordingly, the civil petition for leave to appeal is dismissed with the observaÂtion made above. Ed. This Case is also Reported in: 17 BLC (AD) (2012) 42. ..Category: Election Law | Date: | Hits: 250
Rashedul Alam Chowdhury Vs. ASM Shahajahan and another, 2011, 40 CLC (AD)
....dents Judgment October 17, 2011. Result: The petitions are dismissed. Cases Referred to- Nizamuddin Mahmood Vs. Abdul Hamid Bhuiyan, 17 BIT (AD) 41. Lawyers Involved: Md. Asaduzzaman, Advocate, instructed by Syed Mahbubar Rahman, Advocate-on-Record-For the Petitioner (In b...... and orders of the High Court Division do not call for any interference by this Division. Accordingly, these petitions are dismissed. Ed. This Case is also Reported in: 17 BLC (AD) (2012) 39.......-Record-For Respondent No.1 (In both the cases) Not represented-For Respondent No.2 (In both the cases) Criminal Petition for Leave to Appeal Nos. 272 and 273 of 2010. (From the judgment and order dated 4th March, 2010 passed by the High Court Division in Criminal Miscellaneous Case Nos. 15...... and orders of the High Court Division do not call for any interference by this Division. Accordingly, these petitions are dismissed. Ed. This Case is also Reported in: 17 BLC (AD) (2012) 39...Category: Criminal Law | Date: | Hits: 75
Shahid Hamid and another Vs. Nilufar Momtaz and anothe, 2011, 40 CLC (AD)
......Respondents Judgment December 13, 2011. Result: The appeal is dismissed. Cases Referred to- Abul Khair Vs. Pubali Bank Ltd. 53 DLR (AD) 62; Kazi Shahjan Vs. Md. Khalilur Rahman Madbar 54 DLR (AD) 125. Lawyers Involved: Rafique-ul-Huq, Senior Advocate, instructed by Sufia ......erference. Therefore, we do not find any substance in this appeal. Accordingly, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 17 BLC (AD) (2012) 34. ......has been enjoying the suit property by leasing it out on rental basis. The suit is not maintainable in its present form. The suit is barred by section 42 of the Specific Relief Act and also barred by order VII rule 11(d) of the Code of Civil Procedure. The suit property has been leased out by the Go......erference. Therefore, we do not find any substance in this appeal. Accordingly, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 17 BLC (AD) (2012) 34. ..Category: Property Law | Date: | Hits: 81
Govt. of People's ReÂpublic of Bangladesh Vs. Md. Habibur Rahman @ Manu, 1978, 7 CLC (AD)
.... also Reported in: 31 DLR (AD) (1979) 152.......on and no consideration of the merit of the case or the detention order arises and so this appeal is disposed of in the terms aforesaid. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 152.......secÂtion 491 of the Code of Criminal Procedure filed by the Respondent challenging the legÂality of his continued detention. The appÂlication of the Respondent was accepted by the Court and he was ordered to be set at liÂberty by on order dated 14-3-1974. 2. The Attorney-General moved a petiÂ......on and no consideration of the merit of the case or the detention order arises and so this appeal is disposed of in the terms aforesaid. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 152...Category: Criminal Law | Date: | Hits: 63
....sion
(Special Original Jurisdiction)
Present:
Syed Mahmud Hossain J
Quamrul Islam Siddiqui J
SAH Monowar Ali and others………………………Petitioners
Vs.
Chairman, Bangladesh Jute Mills Corporation and others……………………Contemner-respondent's
Judgment
......ration will pay the arrear salary to the employees immediately.
In the result, the Rule is discharged without any order as to costs.
Ed.
This Case is also Reported in: 62 DLR (HCD) (2010) 1.
......le 108 of the Constitution, a Rule was issued calling upon the contemners-respondents to show cause as to why they should not be proceeded against for contempt of Court for violating the Judgment and order dated 26-8-2003 passed by the High Court Division in Writ Petition Nos.7127, 4560 and 4702 of ......ration will pay the arrear salary to the employees immediately.
In the result, the Rule is discharged without any order as to costs.
Ed.
This Case is also Reported in: 62 DLR (HCD) (2010) 1.
..
Category: Criminal Law | Date: | Hits: 83
Mantu Faraji alias Jamal Faraji and others Vs. Mahiuddin Khan, 1996, 25 CLC (HCD)
....ncy Act against the present petitioners and others to pre-emption the case land as co-sharer of the case holding. The case was resisted by the pre-emptee petitioners denying the material allegations made in the petition and contending, inter alia, that the pre-emptor opposite party No.1 is not a co-...... is a raiyati land within a village and so section 96 of the Act is attracted. In the result, the Rule is discharged without cost. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 147. ......ted against the Judgment and Order dated 19.11.1990 passed by the learned Additional District Judge, Kushtia in Miscellaneous Appeal No.84 of 1987 dismissing the appeal and modifying the judgment and order dated 31-1-1987 passed in Miscellaneous Case No.597 of 1974 by the Assistant Judge, Additional...... is a raiyati land within a village and so section 96 of the Act is attracted. In the result, the Rule is discharged without cost. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 147. ..Category: Property Law | Date: | Hits: 70
Sabdul Ali (Md.) Vs. Md. Mabed Ali Sarker, 1997, 26 CLC (HCD)
.....), son of late Syed Ali……………Petitioner Vs. Md. Mabed Ali Sarker, son of late Kasum Ali Sarker………….Opposite Party Judgment November 20, 1997. Result: The Rule is made absolute Lawyers Involved: Omar Ali Khan, Advocate - For the Petitioner. Syed Abu Kowse...... Proceedings of the Non-GR Case No.157 of 1995 pending in the Court of the Magistrate, 1st Class, Zone Mymensingh, is hereby quashed. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 146. ......nt Judge for declaration of his title against Md. Mabed Ali Sarkar and others in respect of the land appertaining to aforesaid CS Khatians. In OC Suit No.45 of 1994. Learned Assistant Judge passed an order on 17-3-94 directing the parties to maintain status quo in respect of the suit land. In spite ...... Proceedings of the Non-GR Case No.157 of 1995 pending in the Court of the Magistrate, 1st Class, Zone Mymensingh, is hereby quashed. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 146. ..Category: Property Law | Date: | Hits: 75
Prodip Kumar Dutta & another Vs. Mira Rani Dutta and another, 2004, 33 CLC (HCD)
....an Miah J Prodip Kumar Dutta & another........................Petitioners Vs. Mira Rani Dutta and another ......Opposite Parties Judgment March 13, 2004. Result: The Rule is made absolute. Cases referred to- Charubala Sen Guptta Vs. Abul Hossain and others, 33 DLR (AD)......to hear and dispose of the miscellaneous case within a period of three months from the date of receipt of this order. Communicate at once. Ed. This Case is also Reported in: 56 DLR (2004) 571.......il Revision No. 380 of 2003. Judgment Md Abdur Rashid J. - Brother and mother obtained the Rule upon making a revision application under section 115(1) of the Code of Civil Procedure against an order dated 19‑1‑03 passed by Joint District Judge, Court No. 1 at Moulvibazar in Succession Cas......to hear and dispose of the miscellaneous case within a period of three months from the date of receipt of this order. Communicate at once. Ed. This Case is also Reported in: 56 DLR (2004) 571...Category: Property Law | Date: | Hits: 69
NFM Universeum Estate Ltd. Vs. ANM Obaidul Islam and others, 2004, 33 CLC (HCD)
....nt. The suit was then renumbered as aforesaid title Suit No. 137 of 1997. 3. Plaint case, in short, is that the suit land along with other land of CS Plot No. 158 originally belonged to one Abdul Kader and the record of rights were finally prepared and published in his name in CS khatian No. 4. T......rocedure for using said deed in the suit knowing it to be forged and fraudulent for criminal prosecution. Send down the records at once. Ed. This Case is also Reported in: 56 DLR (2004) 563. ......he Waqf Administrator for supplementary list of the Engineer Obaidul Islam Waqf Estate, being EC No. 16392. After death of his father, the Waqf Administrator however, rejected the applications by his order dated 7‑7‑97, Exhibit 12. 16. He also stated that his father purchased half of the suit......rocedure for using said deed in the suit knowing it to be forged and fraudulent for criminal prosecution. Send down the records at once. Ed. This Case is also Reported in: 56 DLR (2004) 563. ..Category: Property Law | Date: | Hits: 85
Sonali Bank Vs. Mahbubul Amin & others, 1989, 18 CLC (HCD)
....cution Case No.791 of 1986 is vacated. The Execution Case will proceed in accordance with law. The records be sent down at once. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 298. ......Execution Case No.791 of 1986 is vacated. The Execution Case will proceed in accordance with law. The records be sent down at once. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 298. ......i Bank.....................Petitioner Vs. Mahbubul Amin & others..........................Opposite Parties Judgment February 20, 1989. Result: The Rule is discharged. The stay order granted staying the Execution Case is vacated. The Execution Case will proceed in accordance......Execution Case No.791 of 1986 is vacated. The Execution Case will proceed in accordance with law. The records be sent down at once. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 298. ..Category: Procedural Law | Date: | Hits: 74
Abdus Samad & others Vs. State, 1989, 18 CLC (HCD)
....s Case is also Reported in: 41 DLR (HCD) (1989) 291. ......t with a fresh application on Revision along with a prayer for bail after surrender, if so advised. Send down the records at once. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 291. ......of 1986. Judgment Anwarul Hoque Chowdhury J.- This Rule arises out of an application made unÂder sections 435 and 439 of the Code of Criminal Procedure and is directed against the judgment and order dated 30.8.86 passed by the Additional Sessions-Judge, 3rd Court, Dhaka in Criminal Appeal No.......n extenso at the Bar. 21. Now, as to the question of surrender before this Court and an exemption order from surrendering to police it would be useful to mention that there is a difference between anticipatory bail and bail to a convicted person in appeal or in revision. A ReviÂsional applicatio..Category: Criminal Law | Date: | Hits: 95
M. M. Rafiqul Hyder Vs. The State, 1988, 17 CLC (HCD)
....on. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 274. ......cuÂments, articles of daily use, clothes etc. belonging to the accused appellant may be returned to him after proper identification. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 274. ......nal Case No. 217/86, arising out of Cantonment P.S. Case No. 46(5) 86 in the Court of Judge, Smuggling Tribunal, Dhaka). Judgment Mahmudul Amin Chowdhury J.- This appeal is directed against the order of conviction and sentence passed by Mr. Sheikh Rezwan Ali, Special Tribunal constituted under......cuÂments, articles of daily use, clothes etc. belonging to the accused appellant may be returned to him after proper identification. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 274. ..Category: Criminal Law | Date: | Hits: 87
Md. Osman Vs. Fatema Khatoon & others, 1989, 18 CLC (HCD)
....by the plaintiff is directed against the judgment and decree passed by the learned SuborÂdinate Judge, Third Court, Chittagong in other ApÂpeal No.39 of 1975 reversing those of the learned Munsif, Sadar, Chittagong in Other Suit No.44 1973. 2. The appellant as plaintiff instituted the aforesaid......l is allowed with costs and the judgment and decree of the lower appelÂlate Court is set aside and those of the Trial Court is upheld. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 270.......6.1971 at time in lump. The deposit of rent in the office of the Controller protects a tenant only where the deposit is made on the refusal of the landlord to accept the rent remitted by postal money order within a fortnight of the date on which rent so remitted is returned to the tenants by the pos......l is allowed with costs and the judgment and decree of the lower appelÂlate Court is set aside and those of the Trial Court is upheld. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 270...Category: Property Law | Date: | Hits: 66
....in: 41 DLR (HCD) (1989) 265.
......econd point urged by Mr. Md. Nurul Huque is that the petitioner-corporation has not yet taken any final step in pursuance of the report of the Inquiry Committee and the order dated 23.1.83 is only an interim step against him. As such the inÂquiry proceeding did not come to a close and thereÂfore t...... Petition No. 471 of 1986.
Judgment
Mustafa Kamal J.- This Rule Nisi obÂtained under Article 102 of the Constitution of the People's Republic of Bangladesh calls into question the judgment and order dated 13.8.86 passed by the Chairman, 2nd Labour Court, Dhaka, respondent No.1, in Complaint C......9.8.82.
We, therefore, find no ground for interference.
In the result the Rule is discharged but without any order as to costs.
Ed.
This Case is also Reported in: 41 DLR (HCD) (1989) 265.
..
Category: Labour and Industrial Law | Date: | Hits: 166
Shamir Ghosh Vs. Government of Bangladesh and others, 2004, 33 CLC (HCD)
.... in: 56 DLR (2004) 560. ......s. Accordingly, the trial Court is directed to dispose of the suit preferably within 3(three) months from the date of receipt of the order, Ed. This Case is also Reported in: 56 DLR (2004) 560. ....... 431 of 2003. Judgment Mir Hashmat Ali J. - This Rule under sections 115(1) of the Code of Civil Procedure was issued calling upon the opposite parties to show cause as to why the Judgment and order dated 8‑1‑2003 passed by the learned Additional District Judge, 3rd Court, Kishoregonj in ......s. Accordingly, the trial Court is directed to dispose of the suit preferably within 3(three) months from the date of receipt of the order, Ed. This Case is also Reported in: 56 DLR (2004) 560. ..Category: Property Law | Date: | Hits: 62
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