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Zakir Hossain and another Vs. Md. Yousuf Kabir and another, 2011, 40 CLC (AD)

....ssing the appeal and affirming the judgment and decree dated 13.05.2008 passed by the learned Joint District Judge, 2nd Court, Dhaka in Title Suit No. 59 of 1994 decreeing the suit. 2. The facts leading to the filing of this petition for leave to appeal, in short, are: Respondent Nos.1 and 2 h...... of the court of Joint District Judge, 2nd Court, Dhaka both arising out of Title Suit No.59 of 1994 be stayed till disposal of the appeal. Ed. This Case is also Reported in: VIII ADC (2011) 344.......-Record-For the Petitioners. M.I. Farooqui, Senior Advocate, instruct­ed by M. G. Bhuiyan, Advocate-on-Record-For the Respondent. Civil Review Petition No.90 of 2010. (From the judgment and order dated 6.5.2010 passed by the Appellate Division in Civil Petition for leave to appeal No.1359 ...... of the court of Joint District Judge, 2nd Court, Dhaka both arising out of Title Suit No.59 of 1994 be stayed till disposal of the appeal. Ed. This Case is also Reported in: VIII ADC (2011) 344...

Category: Property Law | Date: | Hits: 72

Public Service Commission Vs. Mohammad Sohel Rana and others, 2010, 39 CLC (AD)

....t aside. These petitions are disposed of with the above observation. Ed. This Case is also Reported in: VIII ADC (2011) 332. ......pellant appeared on 10th January, 1977 without protest before the selection committee and simultaneously filed a writ petition chal­lenging the order of the Vice-Chancellor. The High Court issued an interim order in the writ petition to the effect that the selec­tion process may go on but the resu......vil Petition No. 512 of 2010.) Not Represented-Respondent Nos. 1-48 (In Civil Petition No. 514 of 2010.) Civil Petition for Leave to Appeal Nos. 512, 513, 514 of 2010. (From the judgment and order dated 11.11.2009 passed by the High Court Division in Writ Petition Nos.8307, 8320 of 2008 and......t Division. The judgment of the High Court Division is accordingly set aside. These petitions are disposed of with the above observation. Ed. This Case is also Reported in: VIII ADC (2011) 332. ..

Category: Constitutional Law | Date: | Hits: 247

AKM Mizanur Rahman and others Vs. The Chairman and Adminis­trator, Chittagong Municipal Corporation and others, 1991, 20 CLC (HCD)

....orporation and others..............Respondents Judgment July 4, 1991. Cases Referred To- Miah Fazal Din Vs. The Lahore Improvement Trust, 21 DLR (SC) 225. Lawyers Involved: AJ Mohammad Ali, Advocate ‑ For the Petitioner. Not represented‑ the Respondents. Writ Petition No.......oceed with the construction on the aforesaid drain‑passage further. The rule is, accordingly, made absolute. No order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 331.......rity and is of no legal effect. 2. The Rule was issued at the instance of the petitioners 1 and 2. On the death of petitioner 2 an application for removing his name from this case was moved and an order to that effect was made by this Court earlier. 3. Petitioner 1 and other inhabitants of Chi......oceed with the construction on the aforesaid drain‑passage further. The rule is, accordingly, made absolute. No order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 331...

Category: Property Law | Date: | Hits: 58

Alauddin (Md.) and others Vs. Yusuf Ali and another, 1993, 22 CLC (HCD)

....ssion of the suit land by cultivating the same. In the meantime the defendant petitioners filed Title Suit No.235 of 1982 for specific performance of a contract and plaintiff opposite party was also made a party to it. Further, the defendant Nos. 1 to 3, in collusion with defendant No.4 served upon ......njunction is rejected. In the result the Rule is made absolutely without any order as to costs. Communicate this order at once. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 328. ......on No.1003 of 1991 (Dhaka) Civil Revision No.6 of 1988 (Sylhet) Judgment KM Hasan J.- The rule obtained under section 115 of the Code of Civil Procedure is directed against the judgment and order dated 10.8.87 passed by Mr. Md. Sirajul Islam, Subordinate Judge, Habigonj in Misceilaneous Ap......njunction is rejected. In the result the Rule is made absolutely without any order as to costs. Communicate this order at once. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 328. ..

Category: Property Law | Date: | Hits: 101

Nasirul Islam Vs. Bangladesh and others, 2011, 40 CLC (HCD)

....Jurisdiction) Present: Nazmun Ara Sultana J Md. Ruhul Quddus J Nasirul Islam, since deceased substituted by his legal heirs Mrs. Mily Khan and others ...........Petitioners Vs. Bangladesh and others ……………….........Respondents Judgment January 27, 2011. The Arth......to take back his original title documents those have been annexed with the writ petition substituting photocopies thereof. Nazmun Ara Sultana J.- I agree. Ed. This Case is also Reported in: ......nstituted and execution case was properly filed and proceeded in accordance with law- No certified copies of the plaint in the Artha Rin Suit, the decree passed therein, application for execution and order sheets have been annexed with the writ petition to make out a case- Without such statement and......to take back his original title documents those have been annexed with the writ petition substituting photocopies thereof. Nazmun Ara Sultana J.- I agree. Ed. This Case is also Reported in: ..

Category: Civil Law | Date: | Hits: 85

Bangladesh Hastashilpa Samabaya Federation Ltd. Vs. Bangladesh, 1992, 21 CLC (HCD)

....order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 324.......ation and rule 42 of the Co‑operative Societies Rules, 1987. He further submitted that the Government has no power to enquire into the dispute about the office of the Chairperson and to pass any ad interim order in that connection. 8. Mr. AF Hassan Ariff, the learned Deputy Attorney‑General a......of Bangladesh and others to show cause why the proceeding in respect of the dispute about the post of Chairman of the petitioner federation, hereinafter referred to as the 'KARIKA', and the connected order dated 25.10.92 passed by the respondent No.1 should not be declared to have been made without ......eping respondent No.5 as Chairman is declared to have been made without lawful authority. There will, however, be no order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 324...

Category: Others | Date: | Hits: 136

State Vs. Nurul Hoque and another, 1992, 21 CLC (HCD)

....ganj Police Station recorded a report on 10.6.88 at 15‑30 hours which was registered as PS Case No. 7(6)88, wherein it was stated that on 11.5.88 at 13.00 hours the Chairman of Baragaon Union Parishad was informed that a dead body of an unidentified woman was found in a ditch belonging to and with......be set at liberty at once, if not wanted in connection with any other case. The death penalty, as held herein before, is affirmed. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 306. ......ears. Semona Khatim was found guilty under section 201 of the Penal Code and she was sentenced thereunder to simple imprisonment for a period of five years and with fine of Taka 500.00 with a default order, acquitting accused Shahabullah @ Safiullah and Ruhul Amin from the charge under sections 302/......be set at liberty at once, if not wanted in connection with any other case. The death penalty, as held herein before, is affirmed. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 306. ..

Category: Criminal Law | Date: | Hits: 76

Chand Miah Talukder Vs. Chairman, Court of Settlement, 1993, 22 CLC (HCD)

....l and documentary. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 304.......bove after giving reasonable opportunity to the parties concerned of being heard and also adducing evidence, both oral and documentary. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 304.......e Respondents. Writ Petition No.1418 of 1988. Judgment Mohammad Gholam Rabbani J.- In this application under Article 102 of the Constitution the petitioner Chand Miah Talukder challenges the order dated 11.2.88 passed by the Court of Settlement in Case No.1006 of 1987 dismissing the case fo......bove after giving reasonable opportunity to the parties concerned of being heard and also adducing evidence, both oral and documentary. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 304...

Category: Procedural Law | Date: | Hits: 59

Mohsin Kabir (Rupan) Vs. Government of the People's Republic of Bangladesh and others, 1991, 20 CLC (HCD)

....n is summarily rejected. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 301. ......ent dated 19.9.88 of the Settlement Court Case No. 422 of 1987. On the grounds stated above the application is summarily rejected. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 301. ......esh represented by the Secretary, Ministry of Works, Urban Development, (2) Assistant Commissioner, Abandoned Property Management Board, Dhaka and (3) Mrs. Khairun Nesa to show cause why the impugned order dated 9.6.91 issued by the respondent No.2 Assistant Commissioner, Abandoned Property Manageme......ent dated 19.9.88 of the Settlement Court Case No. 422 of 1987. On the grounds stated above the application is summarily rejected. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 301. ..

Category: Property Law | Date: | Hits: 86

Fazlu Molla and others Vs. Shamsul Hoque Molla, 1993, 22 CLC (HCD)

....nt down to the co below expeditiously. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 299. ......udgment and decree of the Court of appeal below is hereby affirmed. Let the LC records be sent down to the co below expeditiously. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 299. ......d Md. Idris Mia Vs. Abdul Motaleb, 17 DLR 599.) In the above facts and circumstances and discussions made above I find no merit in the appeal. In the result, the appeal is dismissed without any order as to cost. The impugned judgment and decree of the Court of appeal below is hereby affirmed. ......udgment and decree of the Court of appeal below is hereby affirmed. Let the LC records be sent down to the co below expeditiously. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 299. ..

Category: Property Law | Date: | Hits: 88

Mohammad Abdus Sabur Vs. Agrani Bank, 2011, 40 CLC (HCD)

....tana J.- I agree. Ed. This Case is also Reported in: ......at the time of issuing the Rule is vacated. Let a copy of the judgment be communicated to the concerned executing Court. Nazmun Ara Sultana J.- I agree. Ed. This Case is also Reported in: ......e-For the Respondent. Writ Petition No. 4980 of 2006. Judgment Md. Ruhul Quddus J. - This Rule Nisi, at the instance of a judgment debtor in a mortgage decree, was issued calling in question order dated 30.5.2005 passed in Artha Rin Execution Case No. 741 of 2003 pending in Artha Rin Adalat......at the time of issuing the Rule is vacated. Let a copy of the judgment be communicated to the concerned executing Court. Nazmun Ara Sultana J.- I agree. Ed. This Case is also Reported in: ..

Category: Civil Law | Date: | Hits: 84

Mahinuddin (Md) and others Vs. Controller of Examination, Dhaka University and others, 1991, 20 CLC (HCD)

....wful authority and the same are of no legal effect. In the result, both the Rules are made without however any order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 292....... lawful authority and the same are of no legal effect. In the result, both the Rules are made without however any order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 292....... Writ Petition No.1560 of 1991. Judgment Quazi Shafiuddin J.- In Writ Petition No.368 of 1991, 40 petitioners joined together and obtained the Rule challenging the validity of the impugned order (Annexure F) dated 31.12.90 issued under the signature of the respondent No.1 and the impugned...... lawful authority and the same are of no legal effect. In the result, both the Rules are made without however any order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 292...

Category: Others | Date: | Hits: 153

Buddhi Sankar Biswas Vs. Akbar Ali Sheikh, 1991, 20 CLC (HCD)

....Md. Mokarram Hossain, 29 DLR (SC) 185; Mayajan Bibi Vs. Monohar Ali, 39 DLR 68; Arjun Singh Vs. Monindra Kumar, AIR 1964, 993; Bashir Begum Vs. Mian Abdul Rahman, PLD 1963 (WP) Lahore 408; Sher Muhammad and others Vs. Khuda Bux and another, PLD 1961 (Lab.) 579: AR lyer and others Vs. TA Moemakshi Su......de of Civil Procedure for rehearing of the Civil Revision Case No.1181 of 1980 is hereby rejected without any order as to costs. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 242. ......le Supreme Court, High Court Division Dhaka. On 27.3.82, the matter was placed before the lawazima as to whether fresh service would be necessary. The Single Judge sitting at the relevant time passed order that no fresh report would be necessary and the case could proceed. The learned Counsel submit......de of Civil Procedure for rehearing of the Civil Revision Case No.1181 of 1980 is hereby rejected without any order as to costs. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 242. ..

Category: Property Law | Date: | Hits: 90

Barrister Mainul Hosein Vs. Md. Ali Hossain and another, 2010, 39 CLC (HCD)

....of 1994 against the petitioner-accused Barrister Mainul Hosein, Managing Director/Chairman, Editorial Board of the New Nation Publications Ltd. presently, New Nation Printing Press, 1 RK Mission Road, Dhaka under sections 54 and 55 of the Ordinance in the Second Labour Court, Dhaka stating, inte......the case in accordance with law. Send a copy of this judgment and order to the Court concerned for information and necessary action. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 38.......tion 54 and 55 of the Industrial Relations Ordinance, 1969 (hereinafter referred to as the Ordinance), pending in the Second Labour Court, Dhaka, should not be quashed and/or such other or further order or orders passed as this Court may seem fit and proper. 2. By the Rule issuing order dated ......the case in accordance with law. Send a copy of this judgment and order to the Court concerned for information and necessary action. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 38...

Category: Labour and Industrial Law | Date: | Hits: 147

Tofail Ahmed Vs. Chairman, Anti-Corruption Commission and others, 2010, 39 CLC (HCD)

.... Tofail Ahmed……………………..Petitioner Vs. Chairman, Anti-Corruption Commission and others..................Respondents Judgment February 25, 2010. Result: The Rules are made absolute. Cases Referred to- Arab Bangladesh Bank Ltd. Vs. Md. Shahiduzzaman, Deputy Direc......copy of this judgment be immediately transmitted to the respondent No.1 for information and necessary action. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 33; 15 MLR (HCD) (2010) 177. ......hey have been heard together and this consolidated judgment disposes of both of them. 2. In both the Writ Petitions, Rules Nisi were issued calling upon the respondents to show cause as to why the orders dated 17-4-2002 passed by the Sessions Judge, Bhola in miscellaneous Case Nos. 174 and 175 of......copy of this judgment be immediately transmitted to the respondent No.1 for information and necessary action. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 33; 15 MLR (HCD) (2010) 177. ..

Category: Anti-Corruption Laws | Date: | Hits: 200

Mahabub Alam Faruq (Md.) and another Vs. Bangladesh, 2009, 38 CLC (HCD)

.... High Court Division (Civil Revisional Jurisdiction) Present: Shahidul lslan J Syeda Afsar Jahan J Mahabub Alam Faruq (Md.) and another……………….Petitioners Vs. Bangladesh, represented by the Secretary, Ministry of Land and others..........Respondents. Judgment ......nts are further directed to inform this Court about the compliance thereof within 45 days from the date of the receipt of this judgment. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 31......., police Station Gouripur District-Mymensingh, being owners by purchase through registered deeds of sales evidenced by Annexures-‘F’ and F1 to the Writ Petition, and/or pass such other or further order or orders passed as to this Court may seem fit and proper. 2. Facts relevant for disposal o......nts are further directed to inform this Court about the compliance thereof within 45 days from the date of the receipt of this judgment. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 31...

Category: Property Law | Date: | Hits: 69

Saroj Kumar Sarker and others Vs. Manoj Kumar Sarkar, 2007, 36 CLC (HCD)

....ter can be heard analogously with First Appeal No.15 of 1988 pending before this Court. He further submits that if the aforesaid two appeals are heard separately, there may be the possibility of contradictory Judgments. In supports of his contention he cited the decision in the case of Rosamma Josep......Judge are concurrent. The Court may also exercise the power suo motu. The section empowers the Court to transfer a suit to itself and to retransfer it to the Court where it was filed after passing an interim order. 14. The High Court Division has power re-transfer an appeal to itself suo motu tho......drawn. (2) Where any suit or proceeding has been transferred or withdrawn under sub-section (1), the Court which thereafter tries such suit may subject to any special directions in the case of any order of transfer, either retry it or proceed from the point at which it was transferred or withdraw...... Manikgonj is withdrawn and transferred 1othis Court for hearing along with the First Appeal No.15 of 1988 analogously. Communicate. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 25...

Category: Property Law | Date: | Hits: 68

Akbar Khan (Md.) Vs. Anti-Corruption Commission and others, 2010, 39 CLC (HCD)

....espondents. Judgment January 21, 2010. Cases Referred To- Habibur Rahman Molla Vs. State, 61 DLR 1; Anti-Corruption Commission Vs. Sheikh Hasina Wazed, 60 DLR (AD) 172; Government of Bangladesh Vs. lqbal Hasan Mahmood, 60 DLR (AD) 147. Lawyers Involved: Rafique-ul Huq, Senior Advo......ngs, the Rule is made absolute without any order as to costs. Let a copy of this judgment be communicated to the Chairman of the ACC. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 20.......ommission within seven days of that notice. Upon an application by the petitioner under Article 102 of the Constitution a Rule Nisi was issued calling upon the respondents to show cause as to why the order passed by the respondent No.2 vide Memo No. দুদক/সজেকা/রাঙ্গা/da......ngs, the Rule is made absolute without any order as to costs. Let a copy of this judgment be communicated to the Chairman of the ACC. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 20...

Category: Anti-Corruption Laws | Date: | Hits: 154

Capital Co‑operative Housing Society Ltd. Vs. Director, Land Records and Survey, Government of Bangladesh and others, 1993, 22 CLC (HCD)

....rder as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 289. ......n the result, we find no substance in this writ petition. The rule is accordingly discharged, butt them will be no order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 289. ......Rabbani J.- This application under Article 102 of the Constitution by the petitioner, the Capital Co‑operative Housing Society Ltd., represented by its Chairman, calls in question two judgments and orders as at Annexures O and N of the two Revenue Officers, respondent Nos. 1(a) and 2 respectively,......n the result, we find no substance in this writ petition. The rule is accordingly discharged, butt them will be no order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 289. ..

Category: Property Law | Date: | Hits: 125

Bangladesh Road Transport Corporation Vs. Ashraf Jute Mills Ltd., 1991, 20 CLC (HCD)

.... this Court. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 282. ...... (iii) for an order of injunction or any other order prohibiting or restraining the Sangstha or any of its officers from such taking over or transfer, (b) issue, make or pass any order of ad‑interim injunction or any other order prohibiting or restraining the Sangstha or any of its officers......on under sections 162 and 163 of the Companies Act for winding up of the aforesaid Company M/s Ashraf Jute Mills Ltd. and that application for winding up was admitted by this Court on 24.3.87. As per order of the Court the presentation of that application of winding up was published in the daily Ben......after, the Official Liquidator shall as meet up the claims of the creditors in accordance with law with the permission of this Court. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 282. ..

Category: Company Law | Date: | Hits: 193