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Md. Abdul Kader Vs. Bangladesh Road Transport Corporation, 2010, 39 CLC (AD)

....ay. Security of Tk. 1,000/- is to be deposit­ed within 1(one) month. Preparation of the paper book is dis­pensed with as prayed for. Ed. This Case is also Reported in: VII ADC (2010) 481.......ay. Security of Tk. 1,000/- is to be deposit­ed within 1(one) month. Preparation of the paper book is dis­pensed with as prayed for. Ed. This Case is also Reported in: VII ADC (2010) 481.......he Chairman, Second Labour Court, Dhaka in Complaint Case No.5 of 1996 directing the writ petitioners to reinstate the peti­tioner with full back wages and other ben­efits within 30 days. 2. The facts, in short, are that the petition­er lodged a Complaint Case being No.5 of 1996 before the Cha..

Category: Labour and Industrial Law | Date: | Hits: 79

Sree Bishonath Das and others Vs. Sree Binoy Kumar Das and others, 2009, 38 CLC (AD)

....by the courts below in finding possession and title in favour of the plaintiff respondent. Accordingly the leave petition is dis­missed. Ed. This Case is also Reported in: VII ADC (2010) 478.......by the courts below in finding possession and title in favour of the plaintiff respondent. Accordingly the leave petition is dis­missed. Ed. This Case is also Reported in: VII ADC (2010) 478......., Jessore in Title Appeal No.239 of 1987 reversing the judgment and decree dated 30.08.1987 passed by the Monirampur Upazila Munsif Adalat, Monirampur, Jessore in Title Suit No.228 of 1984. 2. The facts, in short, are that the respon­dents-opposite party respondent Nos.1-3 as plaintiffs filed Ti..

Category: Property Law | Date: | Hits: 27

Md. Yusuf Chowdhury Vs. Administration of Waqf of No. 4, New Eskaton Road, Ramna, Dhaka-1000, 2009, 38 CLC (AD)

....h Court Division com­mitted no illegality in discharging the Rule. We find no substance in this petition which is accordingly dismissed. Ed. This Case is also Reported in: VII ADC (2010) 474.......h Court Division com­mitted no illegality in discharging the Rule. We find no substance in this petition which is accordingly dismissed. Ed. This Case is also Reported in: VII ADC (2010) 474.......dated 01.10.2000 passed by the Administrator of Waqf, Dhaka in B.C.No. 2323 (Chittagong) (Tofazzal Ali Chowdhury Waqf Estate) rejecting an application under Section 32(1) of the petitioner. 2. The facts, in short, are that the petitioner's predecessor Tofazzal Ali Chowdhury creat­ed "Tofazzal Al..

Category: Trust/Waqf Law | Date: | Hits: 185

Mojibor and another Vs. Md. Nurul Islam and others, 2010, 39 CLC (AD)

....the 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) 467.......the 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) 467.......d against the judgment and order dated the 12th day of May, 2009 passed by the High Court Division in First Appeal No. 195 of 1999 allowing the appeal decreeing the Title Suit No.4 of 1997. 2. The facts involved in the case, in short, are that the suit land originally belonged to Zamindars Babu S..

Category: Property Law | Date: | Hits: 91

Prime Finance and Investment Limited Vs. Delwar H. Khan and others, 2009, 38 CLC (AD)

....he above, we find no sub­stance in the submissions of the learned Counsel for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VII ADC (2010) 459. ......nstitutions including the petitioner for repayment of the loans and in such premises, the winding up of the company is neither warranted nor can it be solution either for the company itself or on the question of paying off its creditors propor­tionately and as such, the winding up of the company wh...... the 4th day of June, 2007 passed by the High Court Division in Matter No. 174 of 2006 allowing the application for winding up of the pro-forma respondent No.2 Gonophone Bangladesh Limited. 2. The facts involved in the case, in short, are that the petitioner is a shareholder and director of the r..

Category: Company Law | Date: | Hits: 197

Government of Bangladesh and another Vs. Mohiuddin, 2009, 38 CLC (AD)

....5.1988 of the Court of Settlement is restored. In the result, the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: VII ADC (2010) 454, 15 BLC (AD) (2010) 179.......772 of S.A. Khatian No.194 under mutation. While Abdur Rahman was in exclusive possession of the said holding No.2, Joginagar Lane also known as Ganga Ram Shaha Lane transferred the said property in question to the respondent by registered deed of sale dated 24.04.1974 and made over possession of t......l Karim J. - This Appeal, by leave, is directed against the judgment and order dated 25.07.1996 passed by the High Court Division in Writ Petition No. 1413 of 1988 making the Rule absolute. 2. The facts of the case, in short, are that the writ-petition was filed by the respon­dent alleging, that..

Category: Property Law | Date: | Hits: 24

Tafazzal Hossain Vs. Bangladesh, 2009, 38 CLC (AD)

....reparation of paper book is dispensed with as prayed for. The order of stay granted earlier shall continue till disposal of the appeal. Ed. This Case is also Reported in: VII ADC (2010) 451. ...... one Union Parishad not of the whole Pourashava composed of area of three Union Parishad. So there is no reason to allow him to continue his function as chairman of the Pourashava which is absolutely question of merit of the writ petition which should be disposed of after giving sufficient opportuni......rected against the judgment and order dated 13.07.2009 passed by the High Court Division in Writ Petition No.2375 of 2001 rejecting the application for restoration and discharging the Rule. 2. The facts, in short, are that by a notifi­cation issued by the Local Government, Rural Development and ..

Category: Election Law | Date: | Hits: 92

Anti-Corruption Commi­ssion Vs. Nargis Begum & others, 2009, 38 CLC (AD)

....e find no substance in the submissions of the learned Advocate for the petitioner. Accordingly, the petitions are dismissed. Ed. This Case is also Reported in: 62 DLR (AD) (2010) 279.   ......e find no substance in the submissions of the learned Advocate for the petitioner. Accordingly, the petitions are dismissed. Ed. This Case is also Reported in: 62 DLR (AD) (2010) 279.   ...... Leave to Appeal are directed against the judgment and order dated 28-8-2008 passed by the High Court Division in Writ Petition Nos. 10744 of 2007 and 105 of 2008 making the Rules absolute. 2. The facts involved in the cases, in short, are that in Writ Petition No. 10744 of 2007 the petition­ers..

Category: Anti-Corruption Laws | Date: | Hits: 168

Anti-Corruption Commission Vs. Dr. Muhiuddin Khan Alamgir and others, 2010, 39 CLC (AD)

....dy been acquitted on merit of the case as is in this case. With these observations, this petition is dismissed. Ed. This Case is also Reported in: 62 DLR (AD) (2010) 290, VIII ADC (2011) 78. ......n(2) provides for ex post facto ratification of the acts done by the officers of the Commission during the period from 07.02.2007 to 24.02.2007, without any authorization from the Commission, but the question of jurisdiction goes to the root of the matter. If any person acts beyond his authority, to......g aside the Judgment and Order passed by the Special Judge, Court No. 3, Dhaka, in Special Case No. 1 of 2007, in convicting and sentencing the respondent no. 1, Dr. Mohiuddin Khan Alamgir. 2. The facts leading to the filing of this petition are that the Secretary of the Anti-corruption Commissio..

Category: Anti-Corruption Laws | Date: | Hits: 231

Anti Corruption Commission Vs. Shah Alam Chowdhury and others, 2007, 36 CLC (AD)

....ith as prayed for. Order of the High Court Division dated 11th November, 2007 passed in Writ Petition No.9613 of 2007 is stayed till hearing of the appeal. Ed. This Case is also Reported in: ......ith as prayed for. Order of the High Court Division dated 11th November, 2007 passed in Writ Petition No.9613 of 2007 is stayed till hearing of the appeal. Ed. This Case is also Reported in: ...... 2007 under Section 409 of the Penal Code read with Section 5(2) of the Prevention of Corruption Act, 1947 now pending in the Court of Special Judge, Court No.2, Sher-e-Bangla Nagar, Dhaka. 2. The facts, in short, are that Md. Nurul Islam Babu, of Village-Modhya Paschim Kamargaon, Police Station-..

Category: Anti-Corruption Laws | Date: | Hits: 159

Titas Gas Transmission and Distribution Company Limited Vs. Messrs Ashraf Ali Limes, Proprietor Md. Helaluddin and others, 2008, 37 CLC (AD)

....is granted to consider the same. Security of Tk.1,000/- is to be deposited within one month. Preparation of paper book is dispensed with as prayed for. Ed. This Case is also Reported in: ......is granted to consider the same. Security of Tk.1,000/- is to be deposited within one month. Preparation of paper book is dispensed with as prayed for. Ed. This Case is also Reported in: ......and to issue bills as per minimum charge and the rest Tk. 24,65,256/- is to be paid within next nine months in equal installments by the respondent-opposite party along with regular bills. 2. The facts, in short, are that the plaintiff-respondent filed Title Suit No.96 of 1998 against the defend..

Category: Civil Law | Date: | Hits: 82

Dr. Mohiuddin Farooque Vs. Bangladesh and others, 2001, 30 CLC (HCD)

....enabling them to take necessary steps in this regard immediately. A copy also be forwarded to the Chairman, BELA. Md. Joynul Abedin J.- I agree. This Case is also Reported in: 55 DLR (2003) 69. ......al based country and in early days pollution was never even felt in this region. Since early sixties, of necessity, industries of various kinds started to spring up slowly. Although in those days the question of pollution did not cross anybodies mind but certain provision were made in the Factories ......is respect by the Government and more specifically by the Directorate of Environment. An Affidavit-in-opposition is filed on behalf of the Ministry of Environment and Forest, the respondent no.3. The facts stated in the said Affidavit is equally vague and do not deny the allegations of unresponsiven..

Category: Environmental Law | Date: | Hits: 345

Md. Shafiul Alam and others Vs. Ajamat Ullah being dead his heirs Sabjan Bibi and others, 2010, 39 CLC (HCD)

....rder dated 18-09-2008 passed in Civil Revision no. 04 of 2008 is hereby set aside. Office is directed to communicate the at once. Ed. This Case is also Reported in: 16 MLR (AD) (2011) 233....... 12. In the case of Messrs City Ice and Cold Storage Ltd. Vs. Nitai Chand Saha and others 3 BCR (AD) 221 held: “Addition of subsequent transferees is necessary for proper adjudication of the question whether the plaintiff’s case of alleged contract between the plaintiff and defendant no.1......008 by reversing those of dated 03-02-2008 passed by learned Senior Assistant Judge, first Court, Gazipur, allowing an application for addition of party in Title Suit no. 363 of 2005. 2. Material facts are that on 10-10-2005 plaintiffs instituted Title Suit no. 363 of 2005 in the first Court of ..

Category: Property Law | Date: | Hits: 27

Abul Hossain Vs. State, 2008, 37 CLC (AD)

.... justified in holding that none other than the petitioner killed her. We find no merit in this petition which is accordingly dismissed. Ed. This Case is also Reported in: 7 LG (AD) (2010) 134....... justified in holding that none other than the petitioner killed her. We find no merit in this petition which is accordingly dismissed. Ed. This Case is also Reported in: 7 LG (AD) (2010) 134....... dated 29-05-2003 passed in Sessions Trial Case No.13 of 2002 arising out of Sudharam P.S. Case No.64, dated 29-04-2001 passed by the learned Additional Sessions Judge, 2nd Court, Noakhali. 2. The facts, in short, are that the convict-appellant filed the aforesaid Criminal Appeal No.1794 of 2003 ..

Category: Criminal Law | Date: | Hits: 45

Khalilur Rahman and others Vs. Executive Engineer, Roads & Highways & others, 2007, 36 CLC (AD)

....ion money if deposited by them after de-requisition order dated 21-09-1964 illegally issued by the concerned officer, if not already withdrawn. This Case is also Reported in: 7 LG (AD) (2010) 127. ...... a Division Bench of High Court Division in Writ Petition Nos. 2051 & 2201 of 2001 discharging both the Rules. 2. Both the petitions are disposed of by this judgment as the same involve common questions of law and facts. 3. The case of the writ petitioner in Writ Petition No. 2051 of 2001 ......High Court Division in Writ Petition Nos. 2051 & 2201 of 2001 discharging both the Rules. 2. Both the petitions are disposed of by this judgment as the same involve common questions of law and facts. 3. The case of the writ petitioner in Writ Petition No. 2051 of 2001 is that he is in posÂ..

Category: Property Law | Date: | Hits: 23

Anti Corruption Commission Vs. Barrister Mir Mohammad Helal Uddin and another, 2008, 37 CLC (AD)

....hold that the High Court Division committed no illegality in granting bail to the respondent. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 7 LG (AD) (2010) 109. ......hold that the High Court Division committed no illegality in granting bail to the respondent. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 7 LG (AD) (2010) 109. ......efore, the family of the respondent is at the edge of elimination and the family could be protected if the respondent is enlarged on bail pending dis­posal of the appeal. 8. Considering the above facts the High Court Division granted bail to the respondent by the impugned judgment and order. ..

Category: Criminal Law | Date: | Hits: 51

Captain (Md) Lutfar Rahman Vs. Md. Abu Taher and others, 2000, 29 CLC (HCD)

....92 of the 2nd Court of Subordinate Judge, Chittagong for pre-emption is allowed. Send down the lower Courts records immediately. Ed. This Case is also Reported in: 53 DLR (2001) 193. ......to opposite party Nos.1-6, who are stranger purchasers, beyond the knowledge of the pre-emptor. On coming to know about the disputed sales the pre-emptor obtained the certified copy of the kabalas in question and filed the pre-emption case on making the statutory deposit, impleading all necessary pa......series being the products of fraud and collusion between opposite party Nos.1-11 and 7-11, the learned Subordinate Judge was manifestly wrong in refusing pre-emption without carefully considering the facts and circumstances of the Case and the law bearing on the subject, and the same has occasioned ..

Category: Property Law | Date: | Hits: 22

Ismail (Md) Vs. Motasim Ali Chowdhury, 2000, 29 CLC (HCD)

....n 23-5-1999 stands vacated. Having regard to the fact and circumstances of the case I direct the parties to bear their respective costs. Ed. This Case is also Reported in: 53 DLR (2001) 190. ......n 23-5-1999 stands vacated. Having regard to the fact and circumstances of the case I direct the parties to bear their respective costs. Ed. This Case is also Reported in: 53 DLR (2001) 190. ...... of 1985 allowing an application under Order 26 rule 9 of the Code of Civil Procedure. 2. The decision proposed to be given in this Civil Revision Petition does not demand a detailed recounting of facts except that sole opposite party No.1 of this Civil Revision petition as sole plaintiff laid a ..

Category: Property Law | Date: | Hits: 27

Abul Kashem Vs. Executive Engineer & others, 2000, 29 CLC (HCD)

....therwise ready. The Learned Advocates either for the petitioner or for the opposite parties mention the matters for fixing a date of hearing. Ed. This Case is also Reported in: 53 DLR (2001)186. ......n an overall view and picture in the four Civil Revision Petitions presented before this Court it appears that fraud had been practised upon this Court in obtaining an order of compromise. 15. The question now comes; can the Court be so powerless to set aside or knock down or vacate any order or ......been sent to me by the Honorable Chief Justice for disposal. The four applications for Civil Revision cases are being disposed of by this common Judgment and order. 2. The genesis of the essential facts forming the background of four petitions may succinctly be stated which are as follows: Pet..

Category: Property Law | Date: | Hits: 21

Deputy Commissioner and Chairman, District Fisheries Tender Committees & others Vs. Md. Aswab Ali and others, 2000, 29 CLC (HCD)

....costs. The order of maintenance of status quo till disposal of Civil Revision Petition granted by this Court on 17-11-1999 stands vacated. Ed. This Case is also Reported in: 53 DLR (2001) 183....... examined as PW 1 and the document filed before the learned District Judge were marked as Exhibit-8 series by order No. 18 dated 27-5-1999. 7. Learned District Judge fixed 28-6-1999 for hearing on question of limitation taking the view that the said question being a fundamental question was requi......petitioner for condonation of delay of 1038 days and thus, dismissing the appeal. 2. The decision proposed to be recorded in this Civil Revision petition does not call for a detailed recounting of facts except that opposite party Nos. 1 to 12 of this Civil Revision petition as plaintiffs laid a s..

Category: Limitation Law | Date: | Hits: 152