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Alizan Shaikh Vs. Moniruddin, 2010, 39 CLC (AD)
....tioners. Md. Nurul Amin, Advocate, instructed by A.K.M. Shahidul Hug, Advocate-on-Record-For the Respondents. Civil Petition for Leave to Appeal No. 725 of 2009. (From the judgment and order dated 16.02.2009 passed by the High Court Division in Civil Revision No.885 of 2004.) Judgment ......decreeing the suit and hence no interference in the impugned judgment and order is called for. The petition is accordingly dismissed. Ed. This Case is also Reported in: VII ADC (2010) 960.......dvocate, instructed by Md. Nawab Ali, Advocate-on-Record-For the Petitioners. Md. Nurul Amin, Advocate, instructed by A.K.M. Shahidul Hug, Advocate-on-Record-For the Respondents. Civil Petition for Leave to Appeal No. 725 of 2009. (From the judgment and order dated 16.02.2009 passed by the ..Category: Property Law | Date: | Hits: 51
Bangladesh Parjatan Corporation Vs. Md. Ali Hossain & another, 2009, 38 CLC (AD)
.... (In Civil Petition No. 1780 of 2008.) Not represented-Respondent No. 2 (In Civil Petition No. 1780 of 2008.) Civil Petition for Leave to Appeal No. 489 of 2009. (From the judgment and order dated 12.01.2009 and 15.01.2009 passed by the High Court Division in Writ Petition No. 3109 of 2006.......on and other papers on record. 13. The learned Advocate submits that though the corporation in strict compliance of the Service Regulation terminated the writ respondent on payment of 3 months notice pay instead of 3 (three) month's notice but the High Court Division declared the order of ter......009.) Nurul Islam Bhuiyan, Advocate-on-Record-For Respondent No. 1 (In Civil Petition No. 1780 of 2008.) Not represented-Respondent No. 2 (In Civil Petition No. 1780 of 2008.) Civil Petition for Leave to Appeal No. 489 of 2009. (From the judgment and order dated 12.01.2009 and 15.01.2009..Category: Employment/Service Law | Date: | Hits: 95
Dr. Manzoor Rasheed Chowdhury Vs. Principal, DMC Dhaka and others, 2000, 29 CLC (HCD)
....the MS (Urology) course under Bangabandhu Sheikh Mujib Medical University conducted by the Dhaka Medical College, Dhaka on false plea of the petitioner being over age on the basis of the notification dated 7-10-99 as contained in Annexure-G should not be declared to have been made without any lawful...... Post Graduate Education of the BCS (health) cadres has also fixed age limit up to 45 years. The other affiliated colleges and institutes including Non-Government Institutions vide series also issued notice inviting application for admission in the post graduate course fixing the age limit for the g...... Jan/2000/3705 dated 28-9-99 published in the daily newspaper, Janakantha, on 30-9-1999 inviting applications from the candidates including the candidates who are in government service. The age limit for the government candidates for the admission in the post graduate course was fixed at 40 years as..Category: Others | Date: | Hits: 100
Category: Anti-Corruption Laws | Date: | Hits: 171
Feroz Uddin Vs. Eshan Re-Rolling Mill Ltd., 2009, 38 CLC (HCD)
....M Fazle Kabir J. - These two Criminal appeals being Nos.6309 of 2008 and 6310 of 2008 preferred by convict-appellant Feroj Uddin are directed against the judgment and order of conviction and sentence dated 15.05.2008 passed by the learned Metropolitan Additional Sessions Judge, 1st Court, Chittagong......t presented those cheques to the bank for encashment but those cheques were bounced on 06.09.2005 for insufficient fund of the accused-appellant. Thereafter, the complainant-respondent issued a legal notice on 11.09.2005 upon the accused-appellant demanding payment of cheque money but the accused-ap....... The trail Court in Sessions Case No. 141 of 2007 found the accused–appellant guilty under section 138 of the Negotiable Instrument Act and sentenced him thereunder to suffer rigorous imprisonment for 6 (six) months and to pay a fine of Taka 4,49,832/-(Four lac forty nine thousand and eight hundr..Category: Criminal Law | Date: | Hits: 57
M. Anwar Hossain and others Vs. Government of Bangladesh and Others, 2008, 37 CLC (HCD)
....ents to show cause at to why the 3rd proviso to Bidhi 5(4) of the Shammpattir Bazar Mullya Nirdharan Bidhimala, 2002 shall not be declared to be void and without lawful authority and the memo No. 284 dated 25.5.2008 issued by respondent No. 3 (Annexure-A-1) and the order dated 16.6.2006 (Annexure-A-......ter the documents as per the value mentioned in the document itself. No order as to costs. Quamrul Islam Siddiqui J. - I agree. Ed. This Case is also Reported in: 29 BLD (HCD) (2009) 703. ......uddin Vs. The State, (1978) 30 DLR 49; United Commercial Bank Ltd and Another Vs. Rahimafroz Batterties and Others (2002) 7 BLC (AD) 73. Lawyers Involved: Mahmudul Islam with Sheikh Hassan Arif-for the petitioners. S.M. Zahurul Islam-for respondent No.5. Razik Al-Jalil, DAG-for the resp..Category: Property Law | Date: | Hits: 35
Md. Monjur Murshed Vs. Government of Bangladesh and others, 2009, 38 CLC (HCD)
....ion under Article 102 of the Constitution of the People’s Republic of Bangladesh, challenging the legality of the Memo No. নির্দেশ পরিপত্র নং সাঋ বি/১০ dated 19.2.2009, issued by the respondent nos. 4 and 5, approving the car loan facilities to the exe......discharged but without any order as to cost. Md. Mamtaz Uddin Ahmed J.- I agree. Ed. This Case is also Reported in: 29 BLD (HCD) (2009) 699, 17 BLT (HCD) 2009, 575; 15 MLR (HCD) (2010) 296. ......respondent Agrani Bank Limited. 2. It is stated in the petition that the Board of Directors of the Agrani Bank Limited, in its 86th Board meeting held on 4.2.2009, approved the car loan facilities for the executives of the bank having the rank of Assistant General Manager (AGM) and upwards. 3...Category: Banking Law | Date: | Hits: 205
A.B.M. Nurul Islam Vs. Bangladesh Sericulture Board, Rajshahi, 2009, 38 CLC (HCD)
.... Writ Petition No. 618 of 2002. Judgment Md. Nuruzzaman J. - Instant Rule Nisi was issued calling upon the respondents to show cause as to why the Memo No. Barebo/Raj/Prosha/Case-7/2001/3411 dated 10.12.2001 (Annexure-‘I’ to the writ petition) issued by the order of the Respondent No.2 ...... Rule was issued on 23.08.2001 and there was a direction to the respondents not to arrest or harass the petitioner. The writ petition is pending before this Court. Respondent No.2 issued a show cause notice along with a charge-sheet upon the petitioner under 42 of the Bangladesh Sericulture Board Em......declared to have been issued without lawful authority and is of no legal effect and/or pass such other or further order or orders as to this court may seem fit and proper. 2. Short facts, relevant for disposal of the Rule are that the petitioner was appointed as a Guard on 05.06.1981 under Bangla..Category: Employment/Service Law | Date: | Hits: 104
Munshi Abdul Hai Vs. Sanjoy Kumar Shil, 2010, 39 CLC (AD)
....er. Mozaffar Hossain, Senior Advocate, instructed by AKM Shahidul Huq, Advocate-on-Record-For the Respondent. Civil Petition for Leave to Appeal No. 382 of 2009. (From the judgment and order dated 27.10.2008 passed by the High Court Division in Civil Revision No.1827 of 2004.) Judgment ......er possessor of 81 decimals of land including the suit land by erecting dwelling house as well as by growing seasonal crops thereon and that the impugned mutation Khatian having been created, without notice, collusively in the name of the defendant-petitioner, the plaintiff-respondent has been com......structed by Nurul Islam Bhuiya, Advocate-on-Record-For the Petitioner. Mozaffar Hossain, Senior Advocate, instructed by AKM Shahidul Huq, Advocate-on-Record-For the Respondent. Civil Petition for Leave to Appeal No. 382 of 2009. (From the judgment and order dated 27.10.2008 passed by the ..Category: Property Law | Date: | Hits: 32
Chairman, Chittagong Port Authority Vs. Safiuddin and others, 2010, 39 CLC (AD)
....te, instructed by Mrs. Sufia Khatun, Advocate-on-Record-For the Petitioner. Not represented-the Respondents. Civil Petition for Leave to Appeal No. 1835 of 2009. (From the judgment and order dated 22.01.2009 passed by the High Court Division in Civil Revision No.227 of 2003.) Judgment ......dant in the suit. 3. The defendant filed written statement to resist the claim of the plaintiff but the suit was allowed to be decreed ex-parte on 03.06.2000 and subsequently on receipt of auction notice from Court, the said defendant filed Miscellaneous Case No.51 of 2002 under Order 9 Rule 13 o......ment January 11, 2010. Lawyers Involved: Ziaul Hasan, Advocate, instructed by Mrs. Sufia Khatun, Advocate-on-Record-For the Petitioner. Not represented-the Respondents. Civil Petition for Leave to Appeal No. 1835 of 2009. (From the judgment and order dated 22.01.2009 passed by the..Category: Civil Law | Date: | Hits: 63
Md. Sharif Hossain Vs. Md. Abdul Jalil and another, 2009, 38 CLC (HCD)
....e petitioner. Jahangir Hossain, Advocate-For the opposite part No.1. Civil Revision No. 4772 of 2001. Judgment Sheikh Abdul Awal J. - This Rule is directed against the judgment and decree dated 22.3.2001 passed by the learned Additional District Judge, 1st Court, Dhaka in Title Appeal No......itance and the suit property as described in the “kha” schedule of the plaint is contiguous (in the east) to the plaintiff’s property; that the defendant opposite party No.2 without serving any notice for sale to co-sharers including the plaintiff-petitioner secretly transferred the suit land ......udgment and decree dated 26.02.90 (decree singed on 6.3.90) passed by the Senior Assistant Judge, 1st Court, Dhaka in Title Suit No.291 of 1987 decreeing the suit. 2. The relevant facts necessary for disposal of the Rule are that the petitioner as plaintiff instituted Title Suit No.291 of 1987 i..Category: Property Law | Date: | Hits: 39
Azizul Hoq Vs. Administrator of Waqf, Government of Bangladesh and others, 2001, 30 CLC (HCD)
....on No. 4880 of 1997 with Writ Petition No.188 of 1996. Judgment Syed JR Mudassir Husain J.- This Rule Nisi was issued calling upon the respondents to show cause as to why the judgment and order dated 13-7-1997 passed by the respondent No. 1 (Administrator of Waqf) in Sheikh Dagon Majumder Waqf......successful said Sk Anwarul Hoq again filed an application before the respondent No. 1 on 21-10-1995 and 3-12-1995 with some allegations against the petitioner. Thereupon the respondent No. 1 issued a notice on 24-12-1995 directing the Thana Nirbahi Officer (TNO) to collect crops of cultivable lands ......e time may appoint any one as the Mutwalli at his own choice. Thus it became a tradition as per terms and conditions of the waqf deed. In this way Bazlur Rahman became the 3rd Mutwalli and he applied for enrollment of the estate in the office of the Waqf Administrator and was enrolled on 22-6-1995 b..Category: Trust/Waqf Law | Date: | Hits: 180
M/s. Nawab Askari Jute Mills Ltd. & others Vs. Giasuddin Ahmed, 1988, 17 CLC (HCD)
.... — For the Petitioners. Kazi Ebadul Hoque, Advocate — For the Opposite Party. Civil Revision No. 715 of 1984. Judgment Mohammad Sohrab Ali J.- This Rule is directed against an order dated 2.9.84 passed by the Munsif, 4th Court, Narayanganj, in Title Suit No.166 of 1983. The learned......ated. Let the suit proceed in accordance with law. In the facts and circumstances of the case there will be however no order as to cost. Ed. This Case is also Reported in: 41 DLR (1989) 144. ......ohrab Ali J.- This Rule is directed against an order dated 2.9.84 passed by the Munsif, 4th Court, Narayanganj, in Title Suit No.166 of 1983. The learned Munsif by this order held: "This is a suit for mandatory injunction and the relief sought for by way of mandatory injunction has got no marke..Category: Civil Law | Date: | Hits: 159
Md. Torab Ali Vs. Bangladesh Textile Mills Corporation & another, 1989, 18 CLC (HCD)
....e Constitution of the People's Republic of Bangladesh the respondents have been called upon to show cause as to why the order of dismissal form service as contained in Memo. No. SEC/DA/343/699/85/400 dated 20.7.86 (Annexure F) issued by the Secretary of Bangladesh Textile Mills Corporation shall not......he Corporation or suitably punished for misconduct under Clause 66(b) of the Bangladesh Textile Mills Corporation (Service) Regulations, 1981. The charges were the same as in the earlier show cause notice. A statement of allegations was also enclosed. The petitioner submitted a written statement......amal J.- In this Rule Nisi obtained under Article 102 of the Constitution of the People's Republic of Bangladesh the respondents have been called upon to show cause as to why the order of dismissal form service as contained in Memo. No. SEC/DA/343/699/85/400 dated 20.7.86 (Annexure F) issued by th..Category: Employment/Service Law | Date: | Hits: 73
Amar Kumar Nag @ Ratu Nag Vs. State, 1989, 18 CLC (HCD)
.... For the Appellant. Not represented—the State. Criminal Appeal No. 181 of 1983. Judgment Anwarul Huque Choudhury J.- This appeal by Ratu Nag is directed against the judgment and order dated 12.1.1983 passed by the learned Sessions Judge, Tangail convicting the accused appellant Ama......ismissed with the conviction and sentence altered as above. Communicate the result to the court below and send the records expeditiously. Ed. This Case is also Reported in: 41 DLR (1989) 134. ...... 12.1.1983 passed by the learned Sessions Judge, Tangail convicting the accused appellant Amar Kumar nag @ Ratu Nag under section 325 of the Penal Code and sentencing him there under to suffer R.I. for a period of three years in Sessions Case No. 403 of 1982. 2. Facts are that on 7.9.82 Rahmatu..Category: Criminal Law | Date: | Hits: 35
Md. Monirul Hoq Vs. Government of Bangladesh, 1988, 17 CLC (HCD)
....a North and Maizkhar Union Parishads were allowed by the petitioner himself, while he had been in office of the Chairman of Upazila Parishad, to participate in several meetings of the said Parishad dated 30.7.86, 30.8.86, 29.9.86, 29.10.86 and 10.11.86 as the representative members from those tw......of the said requisition asked the petitioner to show cause as to why a resolution removing him from his office should not be passed in a special meeting of the Parishad. He also served copy of such notice to the Chairman and Acting Chairman of the aforesaid Union Parishad. On 18.11.86 the petition......e order of his removal from Chairmanship of the said Parishad by the Government on 28.12.86, contained in Annexure "H" to the petition, by virtue of a resolution adopted in a Special meeting held for the purpose on 7.12.86, in pursuance of a requisition given on 1.9.88 there for by some of the m..Category: Election Law | Date: | Hits: 92
Category: Property Law | Date: | Hits: 28
Md. Mokbul Hossain Vs. Md. Umar Ali and others, 2009, 38 CLC (HCD)
....ioner also examined as witness. 5. The learned Assistant Judge after hearing the parties, perusing the evidence of the parties and the record allowed the preemption case by his judgment and order dated 22.4.2007. 6. The pre-emptee being dissatisfied with the aforesaid judgment and order date......he brother of the seller, opposite party No.2 who transferred the case land on 17.11.2002 to the pre-emptee opposite party No.1 by a registered deed. The pre-emptee is a stranger of the case land. No notice was served upon the pre-emptor regarding the transfer of the case land. The pre-emptor came t......der or further order or orders as to this court may seem fit and proper. 2. The pre-emptor instituted the preemption Misc. Case No.11 of 2006 in the court of Assistant Judge Bhuringamari, Kurigram for preemption of the schedule property made in the preemption case. 3. The case of the pre-empt..Category: Property Law | Date: | Hits: 36
Md. Nurun Nobi Vs. Khondaker Moklesur Rahman and others, 2010, 39 CLC (AD)
....ubur Rahman, Advocate-on-Record-For Respondent No. 1 (as substituted). Not represented-Respondent Nos. 2-3. Civil Petition for Leave to Appeal No. 2489 of 2009. (From the judgment and decree dated 04.11.2009 passed by the High Court Division in First Appeal No. 238 of 2005.) Judgment ......ant No.1 and duly mutated his name by paying rents and R.S. Khatian was recorded in his name. So, in view of the aforesaid, we hold that record of Khatian in the name of defendant No.1without issuing notice to the parties concerned and thereby canceling the earlier record of right of the plaintiff i......Petitioner. Mahmudul Islam, Senior Advocate, instructed by Syed Mahbubur Rahman, Advocate-on-Record-For Respondent No. 1 (as substituted). Not represented-Respondent Nos. 2-3. Civil Petition for Leave to Appeal No. 2489 of 2009. (From the judgment and decree dated 04.11.2009 passed by th..Category: Property Law | Date: | Hits: 31
Government of Bangladesh and others Vs. Mariam Begum and others, 2009, 38 CLC (AD)
....l, instructed by B. Hossain, Advocate-on-Record-For the Petitioners. Md. Nawab Ali, Advocate on Record-For the Respondents. Civil Review Petition No. 59 of 2009. (From the Judgment and order dated 04.02.2009 passed by this Division in Civil Petition for Leave to Appeal No.303 of 2007) Ju......t of the original owners and thus the defendant petitioner No.1, without taking Ext. 5A into consideration, most illegally passed the impugned order of forfeiture dated 23.10.1976 without serving notice upon the owners of the suit land which is a clear high hardness and it has been proved that R......itioners. Md. Nawab Ali, Advocate on Record-For the Respondents. Civil Review Petition No. 59 of 2009. (From the Judgment and order dated 04.02.2009 passed by this Division in Civil Petition for Leave to Appeal No.303 of 2007) Judgment ABM Khairul Haque J. - This is a petition for rev..Category: Property Law | Date: | Hits: 33