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Rupesh Ranan Dey and another Vs. Md. Abdur Razaque and others, 2010, 39 CLC (AD)
.... above, we find no substance in the submissions of the learned Counsel for the petitioners. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 512. ...... above, we find no substance in the submissions of the learned Counsel for the petitioners. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 512. ......Petition for Leave to Appeal No.911 of 2008 dismissing the same affirming those dated 08.04.2008 passed by the High Court Division in Civil Revision No. 3291 of 2000 discharging the Rule. 2. The facts involved in the case, in short, are that Tara Moni Dey, Upendra Kumar Dey. Mohendra Kumar Dey ..Category: Property Law | Date: | Hits: 50
Joynal Abedin and others Vs. Shahidul Islam and others, 2011, 40 CLC (AD)
....out of Court in accordance with Rules. The order of status quo granted earlier by this Court to continue till disposal of the appeals. Ed. This Case is also Reported in: VIII ADC (2011) 492. ......out of Court in accordance with Rules. The order of status quo granted earlier by this Court to continue till disposal of the appeals. Ed. This Case is also Reported in: VIII ADC (2011) 492. ......sion by injunction and the principle of law as referred to in the impugned judgment in the cases reported in 41 DLR (AD) 92 and 42 DLR(HCD) 408 are not applicable as they are distinguishable from the facts and circumstances of the instant case." Security of Tk. 1000/- is to be deposited within ..Category: Property Law | Date: | Hits: 60
Anti Corruption Commission Vs. M.A.H. Salim and others, 2011, 40 CLC (AD)
....one week of submission of the appellant's of concise statement. The parties are at liberty to mention the matter for expeditious hearing. Ed. This Case is also Reported in: VIII ADC (2011) 474. ......one week of submission of the appellant's of concise statement. The parties are at liberty to mention the matter for expeditious hearing. Ed. This Case is also Reported in: VIII ADC (2011) 474. ......spondent declaring an order of the Chief Metropolitan Magistrate freezing the bank account of the writ petitioner to have been passed without lawful authority and is of no legal effect. 2. Short facts relevant for the disposal of this petition are that the writ petitioner is the owner of a busi..Category: Criminal Law | Date: | Hits: 136
Bangladesh Sugar and Food Industries Corporation Vs. Depak Kumar Pal and others, 2011, 40 CLC (AD)
....k. 1,000/- is to be deposited within 1(one) month. The order of status quo granted earlier shall continue till disposal of the appeal. Ed. This Case is also Reported in: VIII ADC (2011) 508.......k. 1,000/- is to be deposited within 1(one) month. The order of status quo granted earlier shall continue till disposal of the appeal. Ed. This Case is also Reported in: VIII ADC (2011) 508....... 2. This petition for leave to appeal is directed against the judgment and order dated 31.05.2010 passed by the High Court Division in Writ Petition No.605 of 2006 making the Rule absolute. 3. The facts leading to the filing of this petition for leave to appeal, in short, are: The respondents ..Category: Employment/Service Law | Date: | Hits: 85
Superintendent Musrat Dhulia Dakhil Madrasha Vs. Md. Rafiqul Islam and another, 2011, 40 CLC (AD)
....ent and order passed by the High Court Division dated 23.11.2008 in Civil Revision No. 588 of 2002 be stayed till disposal of the appeal. Ed. This Case is also Reported in: VIII ADC (2011) 488. ......ent and order passed by the High Court Division dated 23.11.2008 in Civil Revision No. 588 of 2002 be stayed till disposal of the appeal. Ed. This Case is also Reported in: VIII ADC (2011) 488. ......observed that the plaintiff was not given any opportunity of being heard and arrived at an erroneous decision occasioning failure of justice, which need be interfered with. 10. Considering the facts and circumstances of the case and the submissions of the learned Advocate we find merit in t..Category: Employment/Service Law | Date: | Hits: 55
Government of Bangladesh and others Vs. Bikash Ranjan Talukder and others, 2011, 40 CLC (AD)
....3661 of 2009 be stayed till disposal of the appeal. The appellants are directed to submit the concise statements by 24th April, 20.11. Ed. This Case is also Reported in: VIII ADC (2011) 471. ......3661 of 2009 be stayed till disposal of the appeal. The appellants are directed to submit the concise statements by 24th April, 20.11. Ed. This Case is also Reported in: VIII ADC (2011) 471. ......the writ petitions, the affidavit-in-opposition, the impugned order of the Ministry and other relevant documents. We have also perused the judgment of the High Court Division. On consideration of the facts and circumstances of the matter, we find merit in these petitions. Leave is, therefore, gran..Category: Employment/Service Law | Date: | Hits: 47
Continental Traders (BD) Ltd. Vs. Co. and GE Sea Services Ltd & others, 2011, 40 CLC (HCD)
....earing of the appeal. The parties are at liberty to mention the appeal for expeditiously hearing as and when the appeal is ready. Ed. This Case is also Reported in: VIII ADC (2011) 505. ......earing of the appeal. The parties are at liberty to mention the appeal for expeditiously hearing as and when the appeal is ready. Ed. This Case is also Reported in: VIII ADC (2011) 505. ......defendant No. 1 which has nothing to do with the contract of carriage of good by vessel at the relevant point of time and therefore the jurisdiction of Admiralty Court cannot be attracted under the facts and circumstances of the present case; II. For that there is no existence of any agreeme..Category: Admiralty Law or Maritime Law | Date: | Hits: 338
Most. Begum Rofika Vs. Mohammad Ali Sheikh others, 2009, 38 CLC (AD)
.... non consideration of evidence or that the judgment of the High Court Division is materially perverse. The petition is dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 502. ......ty area by Gazette Notification dated 25.8.1998 and that the case was instituted on 27.6.2000 by the pre-emptor after obtaining the certified copy of the registered Kabala on 29.3.2000, therefore the question of maintainability of the suit under section 24 of the Non Agricultural Tenancy Act, 1949......nths from the date of knowledge as such when the pre-emptor came to know about the transfer of the suit land the suit property was situated very much within the municipal area and that the finding of facts arrived at by the lower appellate Court whether concurrent or not, is final unless it is mater..Category: Property Law | Date: | Hits: 64
Matiur Rahman and others Vs. Md. Nowab Ali and others, 2011, 40 CLC (AD)
....possession in the suit land. In the premises we do not find any merit in the leave petition. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 468.......possession in the suit land. In the premises we do not find any merit in the leave petition. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 468.......d upon consideration and discussions of legal evidence and materials on record and also on a correct and proper analysis of the legal aspects involved in the suit land the findings being a finding of facts are not liable to be disturbed by the High Court Division in exercising of power under Secti..Category: Procedural Law | Date: | Hits: 57
Md. Kabir Hossain and others Vs. Abdur Razzak Mallik and others, 2010, 39 CLC (AD)
....ivision on the point of limitation. In view of the above, we find no merit in this petition. The petition is accordingly dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 486. ......ivision on the point of limitation. In view of the above, we find no merit in this petition. The petition is accordingly dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 486. ...... Kumar Sinha J. - By this petition, the petitioners challenged the judgment and order dated 7th May, 2009 of a Single Bench of the High Court Division in Civil Revision No.3631 of 1994. 2. Short facts relevant for the disposal of this petition are that the Hossain Ali, Kanchan Bibi, Hason Bibi,..Category: Property Law | Date: | Hits: 62
Tuglak Khan Vs. Md. Sultan Nasiruddin, 1991, 20 CLC (HCD)
....ces of the case, the parties are directed to bear their respective costs. The stay order granted by this Court earlier is vacated. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 615. ...... however, applicable to the facts in the present case, as Mr. Khan has argued that oral evidence was of the document, Ext. Ka. In the present case, the validity of this very document, Ext. Ka, was in question and in this suit the plaintiff had prayed for declaring the document void and for cancellin......ty referred to are contained in one document and to cases in which they are contained in more documents than one. Explanation 3‑ The statement, in any document whatever, of a fact other than the facts referred to in this section, shall not preclude the admission of oral evidence as to the same ..Category: Property Law | Date: | Hits: 87
Abdur Razzaque Vs. Bangladesh Agricultural Development Corporation and others, 1991, 20 CLC (HCD)
.... that the petitioner be reinstated in his service at once. In the result, the Rule is made absolute without any order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 613. ......ng Orders) Act, Mr. Shahadat Hossain could not show that this corporation has been declared to be a Commercial establishment or any Industrial Establishment by any Gazette Notification. Therefore the question of the petitioner having alternative remedy available before the Labour Court does not aris...... that the petitioner be reinstated in his service at once. In the result, the Rule is made absolute without any order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 613. ..Category: Employment/Service Law | Date: | Hits: 67
Abu Sufian and Others Vs. State, 1993, 22 CLC (HCD)
....Sessions Case No.12 of 1990 be stopped and the accuseds be released for the present. Both the Rules are governed by this Judgment. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 610. ......er sections 147/302/109 of the Penal Code pending in the Court of Sessions Judge, Feni and they are being disposed of by this order as the self same facts and law are involved in them. 2. The main question involved in these Rules is whether the trial of the Sessions Case should be stopped and the...... of accuseds in the Sessions Case No.12 of 1990 under sections 147/302/109 of the Penal Code pending in the Court of Sessions Judge, Feni and they are being disposed of by this order as the self same facts and law are involved in them. 2. The main question involved in these Rules is whether the t..Category: Criminal Law | Date: | Hits: 58
Abul Ahsan Joardar Vs. Kazi Misbahul Alam, 1992, 21 CLC (HCD)
....e order of stay granted by this Court is vacated. Let a copy of this judgment and order be transmitted to the Court below at once. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 606. ......e order of stay granted by this Court is vacated. Let a copy of this judgment and order be transmitted to the Court below at once. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 606. ......proceedings in Petition Case No.11016a of 1984 pending in the Court of Mr. Mamtazuddin Ahmed, Metropolitan Magistrate, Dhaka was stayed till hearing of the Rule. 2. The Rule arose in the following facts and circumstances: The complainant‑opposite party lodged a complaint on 19.11.84 in the ..Category: Criminal Law | Date: | Hits: 98
Mahfuzur Rahman Vs. Bangladesh Forest Industries Development Corporation (BFIDC), 1992, 21 CLC (HCD)
....legal and without lawful authority and to be of no legal effect. In the result, the Rule is made absolute with no order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 598.......exed to the petition and marked as Annexure B. It is claimed by the petitioner that without serving any notice on the petitioner the Enquiry Officer called the petitioner verbally and asked him a few questions and to sign on certain papers and he put his signature on good faith. He also claims that ......nnexure 'H') upholding the office order No.850 (Annexure E) issued by the Chairman, BFIDC should not be declared to have been made without any lawful authority and to be of no legal effect. 2. The facts for the disposal of the Rule are as follows: 3. The petitioner joined in service of Banglad..Category: Employment/Service Law | Date: | Hits: 177
Aftabur Rahman Vs. State, 1993, 22 CLC (HCD)
....asons aforesaid the Rule is made absolute and the order dated 22.6.93 and subsequent orders including the impugned order are set aside. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 593.......custody on 22.6.93 when the police prayed for showing him arrested in the instant case and allowing remand for the purpose of investigation and the Magistrate accordingly did the same. 21. Now the question in the aforesaid circumstances of the present case is whether there was any compliance of s......l Sessions Judge by order dated 21.6.93 was pleased to enlarge the accused petitioner on bail. 5. In order to frustrate the order of bail, the police in a mala fide manner suppressing all relevant facts filed an application on 21.6.93 in the afternoon before the Chief Metropolitan Magistrate, Dha..Category: Criminal Law | Date: | Hits: 87
Eurco Explorer Co. Ltd. Athens Greece and others Vs. Grain Bank Ltd., 1992, 21 CLC (HCD)
....equent upon the illegal impugned order. In the result, the rule is made absolute. The parties are to bear their respective costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 591. ......movable property within the jurisdiction of the Court liable to attachment before judgment, unless there are other facts and compelling reasons calling for an action under this rule, apart from other questions of jurisdiction.” In the case of Messrs United Venture Navigation Co. Ltd. it was hel......ed this Rule against the order of an ad interim attachment before judgment passed on March 7, 1988 by the learned Subordinate Judge, 2nd Court, Chittagong in Money Suit No.16 of 1988. 2. The short facts necessary for disposal of this rule are: The opposite party instituted Money Suit No.16 of ..Category: Civil Law | Date: | Hits: 75
Shamsuddin Vs. The State, 1990, 19 CLC (HCD)
....nd sentence passed against this appellant by the trial Court is hereby affirmed. Let the lower court records be sent down at once. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 587. ......rd to disbelieve or doubt his evidence. So, in view of convincing evidence of P.W.10 we hold that deceased Rozina Khatun has been murdered and she has not committed suicide by hanging. 12. Now the question to be decided here is whether this appellant had any hand in the commission of murder of th......which clearly indicate that the ligature mark is post‑mortem in nature and from the evidence of P.W.10 it further appears that this is a case of murder and not suicide. The evidence of P.W.3 in the facts and circumstances of the case as well as the evidence of P.W.10 clearly indicates that it was ..Category: Criminal Law | Date: | Hits: 66
Sufia Khatun and others Vs. Abdul Majid and others, 1992, 21 CLC (HCD)
....desired by the learned Advocate for the plaintiff petitioner. In the result, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 584. ...... ABM Golam Majid, Advocate ‑ For the Petitioner. Zainul Abedin, Advocate ‑ For Opposite Party No.1. Civil Revision No.1004 of 1989. Judgment Syed Fazle Ahmed J.- This Rule calls in question the legality and propriety of the Order No.33 dated 20.4.89 passed by learned District Judg......icle 168 of Limitation Act and their Lordships was pleased to dismiss the application for readmission of the appeal on the ground of limitation. 12. Thus having considered the material, on record, facts and circumstances and the legal aspects of the matter I am led to the conclusion that the lear..Category: Procedural Law | Date: | Hits: 74
Mst. Momtaz Begum Vs. Anowar Hossain, 2011, 40 CLC (AD)
.... find merit in contention of Dr. Rabia Bhuiyan. The appeal is, therefore, allowed with costs of Tk.10,000/-. Ed. This Case is also Reported in: VII ADC (2011) 855; 17 MLR (AD) (2012) 201. ......peal No.139 of 2003. (From the judgment and order dated 16.6.1999 passed by the High Court Division in Civil Revision No.1984 of 1996.) Judgment Surendra Kumar Sinha J.- This appeal raises questions of some importance in the field of Mohammedan Law but they are not abstract questions whic......84 of 1996.) Judgment Surendra Kumar Sinha J.- This appeal raises questions of some importance in the field of Mohammedan Law but they are not abstract questions which can be divorced from the facts giving rise to them and in order to resolve them the facts in some detail are necessary. 2...Category: Family Law | Date: | Hits: 318
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