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A. Rahman Lasker and other Vs. Abul Kalam and other, 2011, 40 CLC (HCD)

.... granted at the time of issuance of Rule is hereby vacated. Send down a copy of this order to the Court below at-once for information and necessary action. Ed. This Case is also Reported in: ......stant Judge, Sadar Court, Faridpur in Title Suit No.30 of 1995 should not be set aside and or such other or further order or orders passed as to this Court may seem fit and proper. 2. Facts of the case for disposal of the rule is that the petitioner as plaintiff filed title suit no. 30 of 1995 in..

Category: Administrative Law | Date: | Hits: 199

Shatadal Mondal Vs. State, 2011, 40 CLC (HCD)

....erty to cancel the bail, if the accused appellant misuses in any way the privilege of bail. Communicate the order. Md. Ashraful Kamal J. - I agree. Ed. This Case is also Reported in: ......he appellant on drawing our attention to the fact narrated in the FIR submits that since the arms was recovered from the house of one Zakir Hossain, who was not been made an accused or witness of the case and as such the alleged recovery was appears to be doubtful. He further submits that since the ..

Category: Criminal Law | Date: | Hits: 69

Bangladesh Legal Aid and Services Trust Vs. Bangladesh and others, 2007, 36 CLC (HCD)

....dent nos. 2-4 contends that the petitioners are not the aggrieved persons within the meaning of Article 102 of the Constitution for in a rule of mandamus they are required to show that their claim is rooted in a statute or statutory rule which the failed to show. In the instant case, the learned Adv......wife of the petitioner and the DIT on 3.9.77. On 11.10.1995 the wife of the petitioner transferred the said piece of land to her son and daughter who duly authorised the petitioner to represent their case by executing a general power of attorney on 6.1.96 (Annexure A2, A3 and A4 respectively). It ha..

Category: Property Law | Date: | Hits: 135

Manjurul Huq Vs. Bangladesh and others, 1991, 20 CLC (HCD)

....0.1.91 when a Sub‑Inspector of Ramna PS would also be present. On the grounds stated above the application is summarily rejected. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 239.......0.1.91 when a Sub‑Inspector of Ramna PS would also be present. On the grounds stated above the application is summarily rejected. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 239...

Category: Civil Law | Date: | Hits: 56

Rupali Jute Baling Ltd. Vs. Agrani Bank, 1991, 20 CLC (HCD)

....result, this rule in discharged without any order as to cost. The appeal being FAT No.567/1989 is dismissed being barred by limitation. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 232.......he defendant failed to pay even on repeated demand, the plaintiff was constrained to file the suit for closure. 3. The suit was contested by defendant No.1 by filing a written statement. It is the case of the defendant No.1 that the alleged liability is not correct and it is highly inflated and t..

Category: Procedural Law | Date: | Hits: 111

Mitali Shipping Lines Vs. Bhuiyan Navigation Agency, 1991, 20 CLC (HCD)

.... court revising the order of the learned Magistrate made under section 516A CrPC. The Rule is made absolute. No order as to costs. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 230. ...... settle amount and to take refund of the balance of advance after adjustment of the dues. The opposite party No.1 did not pay any heed to such request and instead instituted Karaniganj Police Station case No.3 (12)87 under sections 323/379/420 of the Penal Code on accusations, inter alia, that the p..

Category: Civil Law | Date: | Hits: 97

Mir Amanullah Vs. Mohammad Sharif and others, 1991, 20 CLC (HCD)

....ptible and the application for pre‑emption is allowable. In the result, the Rule is made absolute without any order as to costs. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 228. ...... prayer‑mat; no notice was, however, served on the pre‑emptors who came to learn about the transfer on 15.3.81 and there‑after they obtained a copy of the said deed and filed this Miscellaneous case for pre‑emption. 3. The pre‑emptee opposite party Nos.1 and 2 (the two sons of Kohinoor)..

Category: Property Law | Date: | Hits: 75

Afia Khatun Vs. Secretary, Ministry of Works and another, 1992, 21 CLC (HCD)

....authority inasmuch as it is consistent with Government policy. In the result, the Rule is discharged without any order as to cost. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 225. ......ct of the circular. The classification that proceeds on irrelevant consideration such as difference in race, colour, religion deserves to be rejected by the Court. Applying these tests to the present case, it can be held that classification as contemplated by Annexure ‘F’ is not repugnant to equ..

Category: Property Law | Date: | Hits: 75

Shadat Ali and another Vs. State, 1991, 20 CLC (HCD)

....bail bond forthwith and serve out the remaining sentence passed against him. Let the records of the case be sent down expeditiously. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 217. ......entencing him to suffer Rigorous Imprisonment for 5 years and also to pay a fine of Tk. 500.00, in default to suffer rigorous imprisonment for further 3 (three) months. 2. Facts of the prosecution case briefly stated are that at about 5‑30/6‑00 PM on the 24th Shrabon 1392 BS corresponding to ..

Category: Criminal Law | Date: | Hits: 73

Chairman, Bangladesh Parjatan Corporation and others Vs. Md. Shafiqul Islam and others, 2010, 39 CLC (AD)

....eparation of the Paper book is dispensed with as prayed for. The order of stay granted earlier be extended till disposal of the appeal. Ed. This Case is also Reported in: VIII ADC (2011) 645. ......t the High Court Division erred in law in failing to consider the procedure for collection of "service charges" a long standing practice being followed by the corporation, erred in making out a third case that the collection of 'service charge' was not permissible in law in failing to consider that ..

Category: Employment/Service Law | Date: | Hits: 109

Md. Obaedur Rahman Vs. Md. Amirul Islam and others, 2011, 40 CLC (AD)

....ntal proceeding shall stand and will be operative. With the above observation this civil petition for leave to appeal be disposed of. Ed. This Case is also Reported in: VIII ADC (2011) 642. ......ntal proceeding shall stand and will be operative. With the above observation this civil petition for leave to appeal be disposed of. Ed. This Case is also Reported in: VIII ADC (2011) 642. ..

Category: Employment/Service Law | Date: | Hits: 53

Agrani Bank Limited Vs. M/S. Kalipada Saha & Brothers and others, 2011, 40 CLC (AD)

....of fact arrived at by the appellate Court, consequently, we find no merit in the leave petition. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 637.......of fact arrived at by the appellate Court, consequently, we find no merit in the leave petition. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 637...

Category: Civil Law | Date: | Hits: 55

Aminul Islam Vs. S. M. Habib alias Dulal and others, 2011, 40 CLC (AD)

....book is dispensed with as prayed for Parties arc directed to maintain sta­tus quo as regards the possession till disposal of the appeal. Ed. This Case is also Reported in: VIII ADC (2011) 631. ......dinate Judge, Magura, in Title Suit No.2 of 1984. 2. The present petitioner, as plaintiff, filed the above mentioned Title Suit No.2 of 1984 for specific performance of contract. The plaintiff’s case, in short, was that Sarif Lokman Ahmed was the maternal uncle-in-law of the plaintiff. The plai..

Category: Property Law | Date: | Hits: 51

Zeenat Textile Mills Ltd. Vs. Chairman, Third Labour Court, Dhaka and another, 1991, 20 CLC (HCD)

....d Labour Court, Dhaka in Complaint Case No.25 of 1984 to have been made without lawful authority and the same is of no legal effect. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 213. ......ssued with a show cause notice on 1.1.84 alleging that one piece of solenoid valve was found short in the store while a survey was made and in reply he stated that he was sent to take delivery of one case of solenoid valve from Chittagong. Out of 12 pieces of solenoid valve in the case, one piece wa..

Category: Labour and Industrial Law | Date: | Hits: 172

Dulal Mia Vs. State, 1991, 20 CLC (HCD)

....r, Sylhet till disposal of the case. We also direct expeditious trial of the case. Let the records of the case be sent down at once. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 209.......vention of Smuggling, Sylhet in Special Tribunal Case No.107 of 1988 rejecting the prayers for bail of the accused‑appellants. The appeals being of the same nature and having arisen out of the same case are heard together and disposed of by the following judgment. 2. The appellants along with 3..

Category: Criminal Law | Date: | Hits: 68

ASM Abdur Rob Vs. The State, 1991, 20 CLC (HCD)

.... the merits of the case as it should prejudice the accused at the trial. The Rule is thus discharged. Communicate the order at once. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 205....... Sessions Judge, Lakshmipur, in Criminal Misc. Case No. 142 of 1991 arising out of Ramgati Police Station Case No.1 dated 7.5.91 and No.2 dated 8.5.86 rejecting the prayer for bail. 2. Fact of the case is rather a checkered one and it need be stated in some details. In the General Election held i..

Category: Criminal Law | Date: | Hits: 85

Narayan Chandra Banerjee alias Bandapadhya Vs. Md. Salek Ali Shaik, 1991, 20 CLC (HCD)

.... aside and the decree of the trial Court is hereby restored. There will, however, be no order as to cost at this revisional stage. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 202. ......it No.1 of 1979 was filed by the opposite party Md. Sudek Ali Shaik @ Sadek Ali as plaintiff for the recovery of the consideration money amounting to Tk. 7,500.00 from the defendants. The plaintiff's case, in short, was that the plaintiff purchased the suit land measuring 63 decimals from the defend..

Category: Civil Law | Date: | Hits: 76

Halima Bibi Vs. The Chairman & another, 1992, 21 CLC (HCD)

....o legal effect. The property in question stands excluded from the list of abandoned property. We, however, make no order as to cost. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 197.......Respondent No.2 did not file any written statement in controverting or denying the assertion made by the petitioner. But the Court of Settlement without considering the facts and circumstances of die case and without applying judicial mind passed an order dismissing the application by its judgment a..

Category: Property Law | Date: | Hits: 64

Moulvi Gholam Moula Vs. Secretary, Ministry of Education, 1992, 21 CLC (HCD)

....le to petitioner to get the appeal heard by Respondent No.1. In view of this matter the petitioner is entitled to relief sought for. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 195.......le to petitioner to get the appeal heard by Respondent No.1. In view of this matter the petitioner is entitled to relief sought for. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 195...

Category: Administrative Law | Date: | Hits: 164

Kudrat‑E‑Elahi Panir and others Vs. Bangladesh, 1991, 20 CLC (HCD)

....nterpretation of the Constitution, particularly, Articles 7(2), 8(2), 9 and 59 read with the first item of Article 152(1) thereof. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 179. ......ve (Local Government Division) and the Secretary Ministry of Law and Justice to show cause why the impugned Ordinance should not be declared to be ultra vires of the Constitution. 5. The common case of the petitioners is that the Upazilas were constituted by a notification in the official Gaz..

Category: Constitutional Law | Date: | Hits: 461