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Md. Anwar Hossain and other Vs. Mosammat Hoshneara Begum alias Putul, being dead her heirs:-Kamrul Islam and others, 2011, 40 CLC (AD)

....t and order dated 28-29/10/2008 passed by the High Court Division in Civil Revision No.625 of 1995 is stayed till disposal of the appeal. Ed. This Case is also Reported in: VIII ADC (2011) 744. ......amendment of the plaint the plaintiffs prayed for recovery of khas possession. In the suit the predecessor of the petitioners and respondent Nos.4 to 13 were impleaded as defendants. 3. The plaint case, in short, was that the land measuring 1912 decimals appertain­ing to mouza Bagura Alekanda in..

Category: Property Law | Date: | Hits: 83

Noni Gopal Das and others Vs. Dinesh Chandra Das and others, 2011, 40 CLC (AD)

.... 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. ......in the Court of Assistant Judge, Bawfal, Patuakhali for declaration that the deed described in schedule 'Ka' to the plaint was false, forged, not acted upon and not binding upon him. 3. The plaint case, in short, was that Narayan Chandra Das transferred 1.60 acres of land including the suit land ..

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. ......Nos.1-11 instituted the above writ petition in the High Court Division seeking a direction for regularizing their service against the posts advertised on the doctrine of legitimate expectation. Their case in short is that they entered in the serv­ice of Bangladesh Technical Education Board as Maste..

Category: Employment/Service Law | Date: | Hits: 133

Md. Hossain Ahmed Vs. Bangladesh House Building Finance Corporation and another, 2011, 40 CLC (AD)

....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. ...... amount of TK. 8,95,690.25 as on 31.12.1998 along with interest by selling the land along with the building standing thereon as fully described in the schedule to the applica­tion. The miscellaneous case was allowed ex-parte on 06.06.1992 in preliminary form directing the judgment-debtor-peti­tion..

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. ......inal Revision No.33 of 1991 directing the learned Magistrate to frame a charge under section 326 of the Penal Code in GR Case No.36 of 1991 of that Court shall not be set aside. 2. The petitioners case, in short, is that opposite party No.1 lodged FIR with Munshiganj Police Station alleging that ..

Category: Criminal Law | Date: | Hits: 67

Rafiqul Hossain @ Ranaesh and another Vs. Lal Mohan Saha and others, 1991, 20 CLC (HCD)

....trial Court passed the order of the attachment of the property. 9. In the result, the Rule is made absolute. No order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 718. ......iyan and Abdur Rahman are men of reputation of the village and they are also the Matbars. The trial Court on consideration of the evidence on record held that it is the petitioner to substantiate his case. It further held that writ of temporary injunction was served upon the petitioner duly before t..

Category: Criminal Law | Date: | Hits: 90

Kibria and Associates Ltd. Vs. Bangladesh Agricultural Development Corporation, 1992, 21 CLC (HCD)

....ters at rest arising out of the situation like the present one. In the result, we allow this appeal without any order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 712. ......ection 61 (2) of the Sale of Goods Act and the law or usage of trade having the force of law the Arbitrator cannot award interest when the reference is not in Court. He referred us to decision in the case of Executive Engineer Irrigation, Golimala and others Vs. Abnaduta Jena, 1988 (SC) 1520 and the..

Category: Alternative Dispute Resolution | Date: | Hits: 156

Inspector of Schools, Board of Secondary and Higher Secondary Education, Dhaka and others Vs. Managing Committee, Khashmahal Balurchar High School and others, 2003, 32 CLC (HCD)

....defendants under Order VII, rule 11 of the Code of Civil Procedure is allowed. The plaint of title Suit No.12 of 2002 is hereby rejected. Ed. This Case is also Reported in: 57 DLR (2005) 34. ......llenged, have committed error of law resulting in an error in the decision occasioning failure of justice in not rejecting the plaint. In support of his contention Mr. Nurul Amin has referred the case of Chairman Dhaka and Board of Intermediate and Secondary Education Dhaka and others Vs. Motijh..

Category: Employment/Service Law | Date: | Hits: 66

Khorshed Alam (Md.) Vs. Government of the Peo­ple's Republic of Bangla­desh represented by the Secretary, Ministry of Home Affairs, 2004, 33 CLC (HCD)

....ngla, District Bagerhat, now detained in Bagerhat district jail, be set at liberty forthwith, if not wanted in connection with any other case. Ed. This Case is also Reported in: 57 DLR (2005) 32.......espondent No.1 is not authorised to extend the period of detention on the recommendation of the Advisory Board under section 3(1) of the Special Powers Act, 1974 and that pendency of specific regular cases cannot be a valid ground for detention and also, that all other grounds Annexure B to the writ..

Category: Criminal Law | Date: | Hits: 64

AKM Haroon‑or‑Rashid & another Vs. AKM Mostafa Kamaluddin and others, 2001, 30 CLC (HCD)

....e of receipt of the judgment. Let a copy of the judgment be communicated to the learned Assistant Judge concerned immediately. Ed. This Case is also Reported in: 57 DLR (2005) 29.  ...... cancellation of a sale deed dated 6‑2‑90 impleading the petitioners and others as defendants. In the plaint the valuation of the suit land was shown at Taka 25,000 only. 3. The plaintiffs’ case, in short, is that the suit property belonged to the Government, Abdul Khaleque Dhali, plaintif..

Category: Civil Law | Date: | Hits: 68

Wahiduzzaman (Md.) Vs. Government of Bangladesh & others, 2003, 32 CLC (HCD)

.... are liable to be discharged. In the result, the Rules are discharged without any order as to cost. The stay granted earlier is vacated. Ed. This Case is also Reported in: 57 DLR (2005) 26. ......ed that as the Government has now fixed the area of each Nikah Registrar, this amended Rule 10 has become inconsistent with the second proviso to section 4 of the Act. Mr. Shah Munir Sharif cited the case of Abdul Ala Moududi Vs. Government of West Pakistan as reported in 17 DLR (SC) 209. Mr. Mohamm..

Category: Civil Law | Date: | Hits: 79

Emdadul Hoque Vs. State, 2004, 33 CLC (HCD)

....n. Send down the LC records along with a copy of this judgment to the trial Court concerned immediately for information and necessary action. Ed. This Case is also Reported in: 57 DLR (2005) 21. ......the Penal Code and sentencing him to suffer imprisonment for life along with a fine of Taka 5,000 in default to suffer rigorous imprisonment for a further period of five months. 2. The prosecution case, in brief, is that the deceased Sufia Khatun was married with accused ­appellant Emdadul Hoque..

Category: Criminal Law | Date: | Hits: 76

Abdur Rahman Dhali and others Vs. State, 2004, 33 CLC (HCD)

....rt of Divisional Special Judge, Barisal at once directing to ensure the trial of the accused Mollah Kamruzzaman at the earliest opportunity. Ed. This Case is also Reported in: 57 DLR (2005) 17. ...... under sections 409/467/468/471/420 of the Penal Code. On receipt of this allegation authority referred the matter to the District Anti-Corruption Bureau, Barisal on 25‑9­-1990 and recording an ER case on 10‑2‑1991 the same was endorsed to one Md. MA Rashid, Assistant Inspector, District Anti..

Category: Criminal Law | Date: | Hits: 85

Abdul Mannan Bhuiyan (Md.) Vs. University of Rajshahi and others, 2004, 33 CLC (HCD)

....ding the application of the petitioner a cost should be imposed. In the result, the rule is made absolute with a cost of Taka 5,000 only. Ed. This Case is also Reported in: 57 DLR (2005) 14. ......B (Hon's) Examination although was placed in the Second Class. 11. It is not expected that the authorities of the University would allow the prayer for re­examination of the answer scripts in all cases, rather they may consider such a prayer only in exceptional circumstances and certainly not on..

Category: Others | Date: | Hits: 157

Abdus Sattar Pramanik (Md) and another Vs. State and another, 2003, 32 CLC (HCD)

....r of stay granted at the time of issuance of the Rule is hereby recalled. Communicate a copy of this order to the Court concerned at once. Ed. This Case is also Reported in: 56 DLR (2004) 453.......port was lodged by Abdul Jalil on 5‑5‑2000 against 4 accused persons including the 2 petitioners and Abu Taleb Pramanik and Abu Sayed Pramanik under sections 467/468/471/34 of the Penal Code. The case was investigated and charge-sheet submitted on 1‑8­-2000 against all the first information r..

Category: Criminal Law | Date: | Hits: 62

Fazlur Rahman (Md) Vs. Md. Abdul Hamid, Advocate and others, 2002, 31 CLC (HCD)

.... taken in this writ petition. So, the Rule is liable to be discharged. In the result, the Rule is discharged without any order as to cost. Ed. This Case is also Reported in: 56 DLR (2004) 448.......med to have vacated his seat as Member of the 8th Parliament, Now at the time of hearing Mr. Khan Saifur Rahman could not explain properly whether it is a writ of quo warranto or a certiorari. In any case, in spite of this ambiguity in the writ petition itself we like to decide the writ petition as ..

Category: Constitutional Law | Date: | Hits: 242

Hafez (Md.) Bazlur Rahman and others Vs. Bangladesh represented by the Secretary, Ministry of Law, Justice and Parliamentary Affairs and others, 2004, 33 CLC (HCD)

....2002, 832 of 2003, 728 of 2003, 2014 of 2003 and 2562 of 2003, therefore, have no substance and are discharged without any order as to costs. Ed. This Case is also Reported in: 56 DLR (2004) 444.......ar without following any procedure and at the sweet will of the Executive, by abusing its discretionary power. In support of their submissions, they have relied upon the decision of this Court in the case of Dr. Nurul Islam Vs. Bangladesh reported in 33 DLR (AD) 201. The learned Advocates for the pe..

Category: Civil Law | Date: | Hits: 70

Abdus Salam (Md) Vs. University of Rajshahi & others, 2004, 33 CLC (HCD)

.... otherwise of the allegations made against the petitioner but apparently no such enquiry was held. But this requirement of holding an enquiry into the charges is fundamental in nature and goes to the root of the entire disciplinary proceedings. In the disciplinary proceedings the requirement of law ......him." 10. This provision requires that in order to dismiss a teacher or an officer, an enquiry into the charges of moral turpitude or inefficiency is to be held by an. enquiry committee. In such a case, the said delinquent teacher or an officer may be represented by a person nominated by him. Thi..

Category: Employment/Service Law | Date: | Hits: 60

Padma Oil Co. Ltd. Vs. Registrar of Trade Unions & another, 2003, 32 CLC (HCD)

....he prayer of the petitioner for cancellation of registration of respondent No.2 Trade Union (respondent No. B‑48) in accordance with law. Ed. This Case is also Reported in: 56 DLR (2004) 438. ......n 7A of the IRO and for contravening the provisions of IRO and the rules of their own constitution or such other or further order or orders passed as to this Courts may seem fit and proper. 2. The case of the petitioner is that, the petitioner company is engaged in the sale and distribution of pe..

Category: Labour and Industrial Law | Date: | Hits: 158

Rajab Ali Zulfiqar Vs. State, 1993, 22 CLC (HCD)

....o surrender to his bail bond and serve out the remaining sentence at once. Let the, records of the, case be sent down immediately. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 705. ......1947 and sentencing him to suffer simple imprisonment for 1 (one) year and also to pay fine of Tk. 3,800.00, in default, to suffer simple imprison­ment for 6 (six) months more. 2. The prosecution case in brief is, that the appellant as the Head Teacher of the Bakshiganj Pri­mary School drew an ..

Category: Criminal Law | Date: | Hits: 92