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Md. Torab Ali Vs. Bangladesh Textile Mills Corporation & another, 1989, 18 CLC (HCD)

....on (Special Original Jurisdiction) Present: Mustafa Kamal J Nurul Huque Bhuiyan J Md. Torab Ali....................................Petitioner Vs. Bangladesh Textile Mills Corporation & another..........................Respondents Judgment January 23, 1989. Case Re......ist of freedom fighter work­ers in the office of the Mill. There were no records of attendance etc. The petitioner expressed his difficulty in preparing such a list without records after such a long time. But the list was prepared at the dictation of Mr. Md. Mobaidur Rahman and the petitioner had n......pondents still prefer to differ from the enquiry officer. In the result, the Rule Nisi is made absolute but without any order as to costs. Ed. This Case is also Reported in: 41 DLR (1989) 138.......pondents still prefer to differ from the enquiry officer. In the result, the Rule Nisi is made absolute but without any order as to costs. Ed. This Case is also Reported in: 41 DLR (1989) 138...

Category: Employment/Service Law | Date: | Hits: 73

Amar Kumar Nag @ Ratu Nag Vs. State, 1989, 18 CLC (HCD)

..... Communi­cate the result to the court below and send the records expeditiously. Ed. This Case is also Reported in: 41 DLR (1989) 134. ......rehended or sur­renders to bail custody. As against that order of conviction and sentence Amar Kumar Nag @ Ratu Nag having submitted to the police, had preferred this appeal from Jail when at the time of admission of this appeal he was enlarged on bail to the satisfaction of the Deputy Commis­s......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. ......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. ..

Category: Criminal Law | Date: | Hits: 35

Trading Corporation of Ban­gladesh Vs. MV Corina & others, 1988, 17 CLC (HCD)

....f the plaintiff. Ed. This Case is also Reported in: 41 DLR (1989) 127 ......t to be contributed by the cargoes owner and/ or the ship owner the suit is premature as no cause of action arises for instituting the present suit till the adjustment. 6. Mr. M. Hafizullah at the time of hearing of the Rule raised a preliminary objection as to want of jurisdiction of this Admira......The compliance of service is to be filed within two weeks thereafter. The plaint be returned to the learned Advo­cate of the plaintiff. Ed. This Case is also Reported in: 41 DLR (1989) 127 ......The compliance of service is to be filed within two weeks thereafter. The plaint be returned to the learned Advo­cate of the plaintiff. Ed. This Case is also Reported in: 41 DLR (1989) 127 ..

Category: Admiralty Law or Maritime Law | Date: | Hits: 175

Wahid Halder Vs. Election Commis­sion & others, 1988, 17 CLC (HCD)

....der of stay granted by this Court is vacated. Ed. This Case is also Reported in: 41 DLR (1989) 119.......or to the Return­ing Officer or to the police authority about his alle­gation that opposite party compelled him to submit a report that poll was not held peacefully, till 23.4.88 when for the first time he made such allega­tion before the Secretary, Election Commission" and in the last but one pa......r. In that view of the matter this Rule is dis­charged without any order as to costs. The order of stay granted by this Court is vacated. Ed. This Case is also Reported in: 41 DLR (1989) 119.......r. In that view of the matter this Rule is dis­charged without any order as to costs. The order of stay granted by this Court is vacated. Ed. This Case is also Reported in: 41 DLR (1989) 119...

Category: Election Law | Date: | Hits: 80

Md. Monirul Hoq Vs. Government of Bangladesh, 1988, 17 CLC (HCD)

.... is also Reported in: 41 DLR (1989) 108.......nance, 1983 the character and right of the Chairman of such Parishads and as such they had no right to participate in the no-confidence proceedings and vote for the no-confidence motion. 5. At the time of hearing Mr. Serajul Huq, the learned Counsel for the petitioner, however sought for leave to......avour of the resolu­tion in question. Thus having regard to legal aspect of the matter I fully concur with finding of my learned brother. Ed. This Case is also Reported in: 41 DLR (1989) 108.......avour of the resolu­tion in question. Thus having regard to legal aspect of the matter I fully concur with finding of my learned brother. Ed. This Case is also Reported in: 41 DLR (1989) 108...

Category: Election Law | Date: | Hits: 92

President, National Tuberculo­sis Relief & Rehabilitation Society Vs. Md. Maftabuddin Chowdhury, 1988, 17 CLC (HCD)

....s from date. Ed. This Case is also Reported in: 41 DLR (1989) 103....... that the defendant, which is a voluntary social welfare organisation, paid the rent regularly to the plaintiff but the plaintiff was in the habit of taking rent in crossed cheque for 2/3 months at a time and the defendant paid rent for the months of September, and October, 1982 on 19.11.82 and also...... given case, would have the protection of the provision of the Premises Rent Control Ordinance against eviction. Section 18 of the Premises Rent Control Ordinance provides that no order or decree for recovery of pos­session of any premises shall be made as long as the tenant pays rent to the full e......titioner for him to apply for leave before the Appellate Division the order of this court is stayed for a period of 2 (two) months from date. Ed. This Case is also Reported in: 41 DLR (1989) 103...

Category: Property Law | Date: | Hits: 28

Md. Mokbul Hossain Vs. Md. Umar Ali and others, 2009, 38 CLC (HCD)

....nd others 54 DLR 440; Nur Mohammad and another Vs. Sultan Ahmed and another 40 DLR (HCD) 369; Browne Vs. Dunn, (1983 6. R.67); 34 DLR 177; 30 DLR 75. Lawyers Involved: Mostafa Zaman Islam, Advocate-For the Petitioner. Shasti Sarker with Ellius Ahmed, Advocate-For the Opposite Parties. Ci......thers reported in 48 DLR(AD) 160 wherein their Lordships observed in paragraph 11:- “On a careful consideration of the evidence of P.W.1 Lehajuddin (pre-emptor) it appears that he for the first time came to know about the transfer from P.W.2 Sekander Ali, uncle of P.W.1 Lehajuddin who lives in......at liberty to withdraw the money suit, so, deposited along with the compensation. Send down the lower courts record immediately. Ed. This Case is also Reported in: 29 BLD (HCD) (2009) 727. ......at liberty to withdraw the money suit, so, deposited along with the compensation. Send down the lower courts record immediately. Ed. This Case is also Reported in: 29 BLD (HCD) (2009) 727. ..

Category: Property Law | Date: | Hits: 36

Ramjan Ali Sowdagar and Ashraf Ali Khan Waqf Estate Vs. Most. Ayesha Khatoon, 2010, 39 CLC (AD)

....vision. In the premises, we do not find any merit in this petition. The petition is accordingly dis­missed. End. This Case is also Reported in: VII ADC (2010) 926. ......ed deed of gift dated 16/04/1952 and delivered pos­session thereof and said Ramjan Ali Sowdagar being father guardian used to look after the said property for and on behalf of the plaintiff for some time and thereafter the defendant No.7 of the suit was appointed as agent of the plaintiff to manage......und by the High Court Division. In the premises, we do not find any merit in this petition. The petition is accordingly dis­missed. End. This Case is also Reported in: VII ADC (2010) 926. ......und by the High Court Division. In the premises, we do not find any merit in this petition. The petition is accordingly dis­missed. End. This Case is also Reported in: VII ADC (2010) 926. ..

Category: Trust/Waqf Law | Date: | Hits: 194

Md. Nurun Nobi Vs. Khondaker Moklesur Rahman and others, 2010, 39 CLC (AD)

....h the impugned judgment and order passed by the High Court Division. The leave petition is accordingly dismissed. Ed. This Case is also Reported in: VII ADC (2010) 917.......the suit land on 12.03.1993 with the help of miscreants and that the caretaker, being threatened on his life by the defendant, did not inform the plain­tiff about said dispossession at that point of time but subsequently on 15.03.1997 the caretaker informed the plaintiff, who normally resides abroa......trict Judge, 1st Court, Dhaka, decreeing the Title Suit No. 5 of 2000. 2. The respondent No.1 of the applica­tion, as plaintiff, filed Title Suit No.5 of 2000 praying for declaration of title and recovery of khas possession of the suit property detailed in the plaint contending, amongst others, ......ition to inter­fere with the impugned judgment and order passed by the High Court Division. The leave petition is accordingly dismissed. Ed. This Case is also Reported in: VII ADC (2010) 917...

Category: Property Law | Date: | Hits: 31

Government of Bangladesh and others Vs. Mariam Begum and others, 2009, 38 CLC (AD)

....the Civil Petition for Leave to Appeal. Since no new point has been raised this petition for review is dismissed. Ed. This Case is also Reported in: VII ADC (2010) 906........1976 without serving notice upon the owners of the suit land which is a clear high hardness and it has been proved that Rustom Ali did not establish the said Bazar on the suit land at the rel­evant time and further, a plain read­ing of Section 2(3) of the East Pakistan Hats and Bazars (Establishm...... the adjoining market, under the provisions of Hats and Bazars Ordinance, 1959. Challenging the legali­ty of the said Order dated 23. 10.1976, the plaintiffs filed the present suit with a prayer for recovery of khas possession in 1984. The learned Subordinate Judge, after hearing, decreed the suit.......n, passed in dismissing the Civil Petition for Leave to Appeal. Since no new point has been raised this petition for review is dismissed. Ed. This Case is also Reported in: VII ADC (2010) 906...

Category: Property Law | Date: | Hits: 33

Saiful Alam Vs. Kamal Uddin Sabuj and others, 2011, 40 CLC (AD)

.... 2011, be set aside. With the above directions, the Civil Miscellaneous Petition is summarily disposed of. Ed. This Case is also Reported in: 19 BLT (AD) (2011)102. ......t Judge is in seisin of the matter. At such, we are not going to make any observation on merit. 9. Let the District Judge, Dhaka, be directed to decide the matter by 31st January, 2011. In the meantime, the parties are directed to maintain status quo till that date. However, let the interim order...... Civil Revision No. 83 of 2011, be set aside. With the above directions, the Civil Miscellaneous Petition is summarily disposed of. Ed. This Case is also Reported in: 19 BLT (AD) (2011)102. ...... Civil Revision No. 83 of 2011, be set aside. With the above directions, the Civil Miscellaneous Petition is summarily disposed of. Ed. This Case is also Reported in: 19 BLT (AD) (2011)102. ..

Category: Civil Law | Date: | Hits: 91

Shah Alam (Md.) Vs. Abdul Hashem Bepari and others, 2000, 29 CLC (HCD)

....and others ……Opposite Parties Judgment January 19, 2000. Cases Referred To- Qazi Din Mohammad vs. Alhaj Arjun Ali Ansari 47 DLR (AD) 48. Lawyers Involved: Md. Shah Alam, Advocate (appearing in person) — The Petitioner. Not represented— the Opposite Parties. Civil R......ssession of the suit property to the plaintiff immediately following the bainapatra dated 30-11-83. It has been farther alleged that as the requisite stamps for registration were not available at the time of the agreement for sale, the sale deed in respect of the suit property could not be executed ......intiff shall be at liberty to get the decree executed through the Court in accordance with law. Send down the lower Court records at once. Ed. This Case is also Reported in: 54 DLR (2002) 550.......intiff shall be at liberty to get the decree executed through the Court in accordance with law. Send down the lower Court records at once. Ed. This Case is also Reported in: 54 DLR (2002) 550...

Category: Civil Law | Date: | Hits: 81

Solaiman (Md.) and others Vs. Md. Mosharaf Hossain Khan and others, 2002, 31 CLC (HCD)

....; Md. Abdul Quddus vs. Md. Mustafa Hossain 1992 BLD 60; DLR 1955 Lah 3; AG, West Pakistan vs. Shabir Ahmed 15 DLR (SC) 355; Tahera Nargis vs. Shamsur Rahman 1990 BLD 73 = 41 DLR 508; LD Jackwel vs. State of UP AIR 1984 (SC) 1374; Passotam Saram vs. Barlnanand (ILR 50 All 41). Lawyers Involved: ......y unsuccessfully moved this Court against the order of injunction and then moved the Appellate Division and obtained the stay order on 30th of July, 2001 in chamber which was ultimately extended from time to time and taking advantage of that stay order, the final result of election was published on ......heir service book. A copy of this judgment be sent to the Secretary, Ministry of Sport and Ministry of Establishment for necessary action. Ed. This Case is also Reported in: 54 DLR (2002) 531.......heir service book. A copy of this judgment be sent to the Secretary, Ministry of Sport and Ministry of Establishment for necessary action. Ed. This Case is also Reported in: 54 DLR (2002) 531...

Category: Civil Law | Date: | Hits: 70

Syed Mahmudur Rahman alias Rumi Vs. State, 2009, 38 CLC (AD)

.... appeal and there is no cogent reason to call for any inter­ference by this Division. The petition is dismissed. Ed. This Case is also Reported in: VII ADC (2010) 888.......ssed the appeal holding that the evidence on record indicates that the petitioner directly committed the offence on board daylight in presence of the witnesses and the offence took place on the date, time, place and in the manner as alleged and that the learned Session Judge, Hobigonj, on discussing...... on record dismissed the appeal and there is no cogent reason to call for any inter­ference by this Division. The petition is dismissed. Ed. This Case is also Reported in: VII ADC (2010) 888....... on record dismissed the appeal and there is no cogent reason to call for any inter­ference by this Division. The petition is dismissed. Ed. This Case is also Reported in: VII ADC (2010) 888...

Category: Criminal Law | Date: | Hits: 31

Zakir Hossair alias Tota Mia Vs. State, 2009, 38 CLC (AD)

....­stance in the submissions of the learned Advocate for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VII ADC (2010) 885. ......al attacked them with deadly weapons like Dao, Lathi, Ballam, Holonga, Ekkattas unlwafully trespassed into the house of informant's uncle Fazar Ali and began to abuse them in filthy language. At that time informant's cousin Billal came out of his hut and forbade the accuseds not to abuse them. On th......e above, we find no sub­stance in the submissions of the learned Advocate for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VII ADC (2010) 885. ......e above, we find no sub­stance in the submissions of the learned Advocate for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VII ADC (2010) 885. ..

Category: Criminal Law | Date: | Hits: 40

State Vs. Masum and others, 2010, 39 CLC (AD)

....rty to mention the appeal for expeditious hearing when it is ready. Ed. This Case is also Reported in: VII ADC (2010) 883. ......ture. The learned Additional Attorney General also submit­ted that there are sufficient materials on record against the accused-respondents have been disclosed by the evidence of P.W.1 in respect of time, place and recov­ery of arms and ammunitions which are corroborated by the P.W.2 as one of the......are corroborated by the P.W.2 as one of the eye witness and the said P.W.'s are very much independent and impartial witness and seizure list have been prepared immediate­ly after recovery before lodging of the F.I.R. but the High Court Division failed to consider this legal......ttorney General also submit­ted that there are sufficient materials on record against the accused-respondents have been disclosed by the evidence of P.W.1 in respect of time, place and recov­ery of arms and ammunitions which are corroborated by the P.W.2 as one of the eye witness and the said P.W...

Category: Criminal Law | Date: | Hits: 47

Md. Ruhul Amin and others Vs. Mohammad Forkan Ullah and another, 2010, 39 CLC (AD)

....on of paper books is dis­pensed with as prayed for. The petitioners are permitted to add the additional grounds. Ed. This Case is also Reported in: VII ADC (2010) 880.......90,000.00. Virtually, the transfer was made by not a registered kabala but by a registered deed of ewaz-nama, showing consideration for TK. 25,000.00 instead of the actual valuation prevailed at that time. Therefore, the suit is liable to be dis­missed. 4. Mr. Mahmudul Islam, learned Counsel, ap...... month. The preparation of paper books is dis­pensed with as prayed for. The petitioners are permitted to add the additional grounds. Ed. This Case is also Reported in: VII ADC (2010) 880....... month. The preparation of paper books is dis­pensed with as prayed for. The petitioners are permitted to add the additional grounds. Ed. This Case is also Reported in: VII ADC (2010) 880...

Category: Property Law | Date: | Hits: 52

Al-Haj Mohibur Rahman Vs. Most. Rahana Khatun @ Suvodra Rani Sarkar, 2010, 39 CLC (AD)

....­sion of the parties in the land and house. We find no substance in this petition which is accordingly dismissed. Ed. This Case is also Reported in: VII ADC (2010) 878.......earing No.48 of 2006 (Family) for dissolution of marriage stating, inter alia, that the plain­tiff belongs to Hindu religion. Before 23 years ago she married the present petition­er and at the same time she became a Muslim. After marriage two sons were born in the wedlock. Before marriage the defe......ng the title and posses­sion of the parties in the land and house. We find no substance in this petition which is accordingly dismissed. Ed. This Case is also Reported in: VII ADC (2010) 878.......ng the title and posses­sion of the parties in the land and house. We find no substance in this petition which is accordingly dismissed. Ed. This Case is also Reported in: VII ADC (2010) 878...

Category: Family Law | Date: | Hits: 200

Begum Firoja Siddique and another Vs. Md. Nizamul Islam (Nizam) and others, 2009, 38 CLC (AD)

....ivision or in the order of the learned Assistant Judge accordingly this petition for leave to appeal is dismissed. Ed. This Case is also Reported in: VII ADC (2010) 875. ......ted the application and vacated the earlier order relating to the ascertainment of the valua­tion of the suit and accepted valuation mentioned in the plaint to be final. 9. The petitioners at the time of hearing filed two documents which show that the valuation of the land would be not less than....... 1841 of 2004 discharging the Rule. 2. The facts, in short, are that the respon­dent Nos.1 and 2 instituted Title Suit No. 282 of 1992 in the court of learned Senior Assistant Judge, Barisal for recovery of possession of the suit land under Section 9 of the Specific Relief Act and the suit was ......rder of the High Court Division or in the order of the learned Assistant Judge accordingly this petition for leave to appeal is dismissed. Ed. This Case is also Reported in: VII ADC (2010) 875. ..

Category: Civil Law | Date: | Hits: 65

Abdul Noor and others Vs. Abdul Jabbar and others, 2009, 38 CLC (AD)

....consideration. Thus we do find any merit in the Review Petition. Accordingly, the Review Petition is rejected. Ed. This Case is also Reported in: VII ADC (2010) 873.......rt, are that the schedule land was a part of former resurvey settlement plot No. 790 and the entire land of said plot was being possessed and enjoyed openly, uninterruptedly and con­tinuously, since time immemorial, by vil­lagers of Angarjure, which originally belonged to Zaminder Sim Raja of Cher......erial or new ground for consideration. Thus we do find any merit in the Review Petition. Accordingly, the Review Petition is rejected. Ed. This Case is also Reported in: VII ADC (2010) 873.......erial or new ground for consideration. Thus we do find any merit in the Review Petition. Accordingly, the Review Petition is rejected. Ed. This Case is also Reported in: VII ADC (2010) 873...

Category: Property Law | Date: | Hits: 27