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Bangladesh Parjatan Corporation Vs. Md. Ali Hossain & another, 2009, 38 CLC (AD)
....within the four corners of the law the Court cannot nullify it on the ground that it is harsh or cruel but the High Court Division despite citation of the said case and despite the instant case being identical to that, did not consider at all that the termination order passed by the Corporation was ......r book is dispensed with as prayed for. The order of stay granted earlier by this Court shall continue till disposal of the appeals.' Ed. This Case is also Reported in: VII ADC (2010) 949. ......for Leave to Appeal No.1780 of 2008 is directed against the judgment and order dated 22.01.2008 passed by the High Court Division in Writ Petition No. 2766 of 2006 making the Rule absolute. 2. The facts, in short, are that the petitioner is a law abiding citizen of Bangladesh. He is also the elec..Category: Employment/Service Law | Date: | Hits: 95
Suraiya Begum and others Vs. Misir Ali and others, 2010, 39 CLC (AD)
.... above, we find no substance in the submissions of the learned Counsel for the petitioners. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VII ADC (2010) 945. ...... of Kalimuddin transferred their shares in favour of Ausha Miah in the year, 1937 by exhibit-G1. The plaintiff claimed that Bangu Sheikh while alive, by way of oral gift handed over the property in question in favour of the wife of his grand son, Aushi Bibi. It further appears that one Aushi was......of 2005 disallowing the appeal with cost affirming those dated 30.07.2005 passed by the Joint District Judge, Additional Court, Narayangonj in Title Suit No. 168 of 1992 decreeing the suit. 2. The facts involved in the case, in short, are that Bangu Sheikh had jote right in respect of 54 decimals..Category: Property Law | Date: | Hits: 47
Nasrin Akhter and another Vs. Sree Gouranga Lal Mukherjee and others, 2009, 38 CLC (AD)
....petitioners are permitted to prepare the paper book out of Court in accordance with Rules. The appeals to be heard one after another. Ed. This Case is also Reported in: VII ADC (2010) 940. ......petitioners are permitted to prepare the paper book out of Court in accordance with Rules. The appeals to be heard one after another. Ed. This Case is also Reported in: VII ADC (2010) 940. ...... finding by the appellate court below, the last court of finding of fact on consideration of the materials and evidence on record, the High Court Division erred in interfering with such findings of facts in its revisional jurisdiction in the absence of any allegation of non-consideration of any ..Category: Property Law | Date: | Hits: 45
Dr. Manzoor Rasheed Chowdhury Vs. Principal, DMC Dhaka and others, 2000, 29 CLC (HCD)
....ission test and by increasing one seat by the respondents. In the result, the Rule is made absolute without any order as to costs. Ed. This Case is also Reported in: 54 DLR (2002) 578. ......ission test and by increasing one seat by the respondents. In the result, the Rule is made absolute without any order as to costs. Ed. This Case is also Reported in: 54 DLR (2002) 578. ...... now working in the Urology Department of Dhaka Medical College, and considering this aspect we find that petitioner is an experienced person and his case may be considered as an exceptional one. The facts of the above cited case, though are distinguishable from those of the present case, but the re..Category: Others | Date: | Hits: 100
....arged.
However, there will be no order as to costs.
Md. Ashfaqul Islam J.- I agree.
Ed.
This Case is also Reported in: 15 BLC (2010) 73; 15 MLR (HCD) (2010) 1; 30 BLD (HCD) (2010) 181.
......arged.
However, there will be no order as to costs.
Md. Ashfaqul Islam J.- I agree.
Ed.
This Case is also Reported in: 15 BLC (2010) 73; 15 MLR (HCD) (2010) 1; 30 BLD (HCD) (2010) 181.
......tice is nothing but harassment to the petitioner. Mr. M. K. Rahman further submits that the ratio decidendi of the case reported in 14 MLR 87 squarely applicable in the present case in context of its facts and circumstance.
8. Heard the learned Advocates at length, perused the writ petition, the..
Category: Anti-Corruption Laws | Date: | Hits: 171
Feroz Uddin Vs. Eshan Re-Rolling Mill Ltd., 2009, 38 CLC (HCD)
....arties during pendency of appeal. The facts and relevant laws involved in the cases referred to above disposed of by the Supreme Court of India and the facts of these appeals are found to be same and identical on the points of law and facts as such I find no legal impediment on the way of applying t......05.2008 passed in aforesaid two Sessions cases the accused-appellant preferred these two Criminal Appeals before this Court. 8. Since both the appeals are pending between the same parties and same question of facts and law is involved in these appeals, so both the appeals have been heard analogou......ed in aforesaid two Sessions cases the accused-appellant preferred these two Criminal Appeals before this Court. 8. Since both the appeals are pending between the same parties and same question of facts and law is involved in these appeals, so both the appeals have been heard analogously and thes..Category: Criminal Law | Date: | Hits: 57
M. Anwar Hossain and others Vs. Government of Bangladesh and Others, 2008, 37 CLC (HCD)
....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. ...... property on the date of presentation of the deed of sale by the Court. It seems that the Rules have been framed to avoid under valuation. In the case of contested decree of specific performance, the question of under-valuation cannot arise. Then the law should not be interpreted in a way which is n......of contract value as reflected in the Agreement for Sale (Annexure-B) and the decree dated 2.5.2005 passed by the High Court Division (Annexure-C-1) in the Civil Revision No. 5380 of 1991. 2. The facts leading to the issuance of the Rule, in brief, are: 3. Saifuddin Ahmed Siddique was the ow..Category: Property Law | Date: | Hits: 35
Md. Monjur Murshed Vs. Government of Bangladesh and others, 2009, 38 CLC (HCD)
....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. ......he pros and cons of the scheme, weighing its advantages and disadvantages, approved it in the over-all interest of the bank, as such, he prays that this Rule is liable to be discharged. 13. On the question of discrimination, Mr. Badrudduza, Advocate, submits that since the executives below the ra......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. ..Category: Banking Law | Date: | Hits: 205
A.B.M. Nurul Islam Vs. Bangladesh Sericulture Board, Rajshahi, 2009, 38 CLC (HCD)
....er from his service is hereby declared to have been made without lawful and is of no legal effect. Mir Hashmat Ali J. - I agree. Ed. This Case is also Reported in: 29 BLD (HCD) (2009) 750. ......er from his service is hereby declared to have been made without lawful and is of no legal effect. Mir Hashmat Ali J. - I agree. Ed. This Case is also Reported in: 29 BLD (HCD) (2009) 750. ......ce shall not be 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 05.06.1..Category: Employment/Service Law | Date: | Hits: 104
Munshi Abdul Hai Vs. Sanjoy Kumar Shil, 2010, 39 CLC (AD)
....infirmity to interfere with the impugned judgment and order passed by the High Court Division. The petition is accordingly dismissed. Ed. This Case is also Reported in: VII ADC (2010) 935. ......infirmity to interfere with the impugned judgment and order passed by the High Court Division. The petition is accordingly dismissed. Ed. This Case is also Reported in: VII ADC (2010) 935. ......ial Court has declared plaintiffs title and possession in exercise of powers under Order 7 Rule 7 C.P.C. under this provision a plaintiff ought to be given such relief as he is entitled to get on the facts established upon the evidence in the case even if the plaintiff does not contain a specific pr..Category: Property Law | Date: | Hits: 32
Chairman, Chittagong Port Authority Vs. Safiuddin and others, 2010, 39 CLC (AD)
....ived at by the High Court Division is an accordance with law and no interference is called for. The petition is accordingly dismissed. Ed. This Case is also Reported in: VII ADC (2010) 931.......ived at by the High Court Division is an accordance with law and no interference is called for. The petition is accordingly dismissed. Ed. This Case is also Reported in: VII ADC (2010) 931.......itioner in proceeding with the case. The learned Advocate however tried to put blame on the learned Advocate of the petitioner, who conducted the suit in the trial Court. 8. Having regard to the facts and circumstances of the case as disclosed in the observations made by the High Court Divisi..Category: Civil Law | Date: | Hits: 63
Md. Sharif Hossain Vs. Md. Abdul Jalil and another, 2009, 38 CLC (HCD)
....Rule is discharged without any order as to cost. Let a copy of the judgment along with lower Court’s record be sent down at once. Ed. This Case is also Reported in: 29 BLD (HCD) (2009) 744.......ing on record to show any of the witnesses deposed with regard to exact date and time of performing Taleb-i-ishat by the pre-emptor-petitioner. He next points out that admittedly the suit property in question has been separated with the property of the pre-emptor by boundary wall and it is on record...... reversing the judgment 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 ..Category: Property Law | Date: | Hits: 39
Abdul Jalil Miah and another Vs. Siddiqur Rahman, 2009, 38 CLC (HCD)
....e rule is made absolute without any order as to the costs. Lower Courts records be sent down at once with a copy of the judgment. Ed. This Case is also Reported in: 29 BLD (HCD) (2009) 735. ......e rule is made absolute without any order as to the costs. Lower Courts records be sent down at once with a copy of the judgment. Ed. This Case is also Reported in: 29 BLD (HCD) (2009) 735. ......absolute. 11. On the other hand, the learned Counsel Mr. Abdul Quaiyum with Mr. Sasti Sarker appearing on behalf of the defendant-respondent-opposite parties submits that the concurrent finding of facts cannot be disturbed in revision under Section 115 of the Code of Civil Procedure. The learned ..Category: Property Law | Date: | Hits: 39
Alauddin Vs. State, 1999, 28 CLC (HCD)
....not on consideration of the report of investigation officer. Communicate the order to the Tribunal. Stay granted earlier stands vacated. Ed. This Case is also Reported in: 54 DLR (2002) 564. ......not on consideration of the report of investigation officer. Communicate the order to the Tribunal. Stay granted earlier stands vacated. Ed. This Case is also Reported in: 54 DLR (2002) 564. ......ew that if the investigation officer fails to mention proper section in charge sheet or in his report, the Court concerned is empowered to take cognizance under proper section on consideration of the facts and circumstances and the case made out in that report. In the instant case, the investigation..Category: Criminal Law | Date: | Hits: 29
Azizul Hoq Vs. Administrator of Waqf, Government of Bangladesh and others, 2001, 30 CLC (HCD)
....nt and it is also liable to be discharged being infructuous. In the result, both the Rules are discharged without any order as to costs. Ed. This Case is also Reported in: 54 DLR (2002) 561. ......priation of income of waqf property was found to be true petitioner was found liable to be removed by the Waqf Administrator as per provision of section 32(1) of the Waqf Ordinance, 1962 as such, the question of infringement of any fundamental right does not arise and petitioner is not entitled to g......inting respondent No. 2 Md. Mobarrak Hossain as Mutwalli of the said Waqf Estate, should not be declared to have been passed without any lawful authority and is of no legal effect. 2. The relevant facts stated in the writ petition are that one Dagon Majumder made a Waqf of his property by a regis..Category: Trust/Waqf Law | Date: | Hits: 180
Md. Osman Gani & others Vs. Begum Tofatun Nahar & others, 1988, 17 CLC (HCD)
....out any order as to costs. The impugned order of the Courts below is upheld. The ad-interim order of stay granted by this Court is vacated. Ed. This Case is also Reported in: 41 DLR (1989) 151....... balance of convenience and inconvenience is in favour of granting injunction against the defendant opposite party No.1, but the courts below committed error of law in not discussing this important question and coming to a finding on the same. The learned Advocate also submits that unless the in...... Appeal No.10 of 1986 affirming those dated 29.1.86 passed by Mr. Ahammed Jamil Mostafa, Subordinate Judge, Bogra in O.C. Suit No.377 of 1985 refusing the prayer for temporary injunction. 2. Short facts giving rise to this Rule may be stated as follows:— The petitioners as plaintiffs institu..Category: Procedural Law | Date: | Hits: 80
Md. Nurul Abser Miah Vs. Kiron Shankar Nandy & others, 1988, 17 CLC (HCD)
....e learned Subordinate Judge in exercise of his judicial discretion. In the result, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 41 DLR (1989) 148. ......rties on the strength of recital in the agreement entered by defendant No. 1 disclosing that Prem Sukh was his benamidar for the properties which stood in the name of Prem Sukh. In that case the main question that fell for consideration before the court was whether a person who entered into a contra......the land in suit was a joint property and he had a share therein and the documents were fraudulently executed by Dhirendra Lal Nandy. It seems to me that the Court below on consideration of these facts thought that opposite-party No. 1 is a necessary party and for effective and complete adjudi..Category: Procedural Law | Date: | Hits: 70
M/s. Nawab Askari Jute Mills Ltd. & others Vs. Giasuddin Ahmed, 1988, 17 CLC (HCD)
....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. ......petitioners further said that in view of this, the said court had no pecuniary jurisdiction to entertain and try the suit and it was not entertain able as such. 4. The learned Munsif decided the question of valuation of the suit of 2.9.84 the legality of which order has been challenged before t......egally and is set aside and the Rule is made absolute. The order staying all further proceedings of Title Suit No.166 of 1983 is hereby vacated. 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 i..Category: Civil Law | Date: | Hits: 159
Amar Kumar Nag @ Ratu Nag Vs. State, 1989, 18 CLC (HCD)
....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. ...... a blow in reply though it often be the result and the wrong doer could not take refuge behind provocation to get away with blows, breaking others teeth with impunity. He would to be punished but the question would be under what provision of the Penal Code. 11. As has been found hereinbefore that......ing convicted, for more than 18 days, the ends of justice would be met if his sentence is reduced to a fine and for the period already undergone. 14. I have given my anxious consideration to the facts and circumstances of the case and considered the submission of the learned Counsel as to the s..Category: Criminal Law | Date: | Hits: 35
Trading Corporation of Bangladesh Vs. MV Corina & others, 1988, 17 CLC (HCD)
....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 ......n from Admiralty Court Act, 1861 as has been made it applicable by virtue of Section 2 (2) of the Colonial Courts of Admiralty Act, 1890. 10. Now let us revert to the contentions at the Bar on the question of jurisdiction to entertain the suit and to issue of the warrant of arrest of the vessel M......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
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