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Md. Abdur Rouf Vs. Bangladesh Agricultural Development Corporation and others, 2005, 34 CLC (HCD)
....he gradation list above respondent Nos. 8-15 (Annexure-O) and to comply with the direction/order dated 13.1.1991 of the Ministry of Agriculture (Annexure-I) and to consider the case of the petitioner for promotion to the post of Manager/Joint Director and pass such other or further order or orders. ......d an internal procedure namely, BADC Recruitment and Promotion Procedure which was revised by the Board of Directors in its meeting held on 28.10.1972. The Board being lawfully empowered made further amendment of the promotion procedure in its meeting dated 19.12.1989 introducing provision for viva-......directed to follow the judgment of the Appellate Division referred to above if similar dispute arises. There is no order to costs. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 44. ..Category: Employment/Service Law | Date: | Hits: 144
Abdul Awal and others Vs. Ratan Bibi and others, 2007, 36 CLC(HCD)
....ed against the judgment and order dated 22.07.2002 and another order dated 27.08.2002 passed by the learned Joint District Judge, first Court, Comilla in Title Suit No.31 of 1994 rejecting the prayer for making some persons as parties and keeping the subsequent petition under section 151 of the Code......o her to supply the particulars of the necessary parties left out. 6. Accordingly she replied by the affidavit on 14.11.2001 giving the particulars of 36 persons. So plaintiff filed a petition for amendment of the plaint by impleading these persons as defendants. 7. The defendant Nos. 8 to 11,......the opposite parties. Civil Revision No. 1000 of 2003. Judgment Siddiqur Rahman Miah J.- The revisional application under section 115(1) of the Code of Civil procedure at the instance of the plaintiffs is directed against the judgment and order dated 22.07.2002 and another order dated 27.08..Category: Property Law | Date: | Hits: 85
Shamsul Haque Vs. Court of Settlement and others, 1996, 25 CLC (HCD)
....ted in list 'Ka' in the Gazette dated 23‑6‑1986 as abandoned property. 4. The further case of the petitioner is that, he filed Case No.526 of 1087 under section 7 of Ordinance No.LIV of 1985 before the Court of Settlement and respondent No.4 also filed Case No.525 of 1987 for release of the c......te notification dated 23rd June, 1986 within 60 days from the receipt of the copy of the Judgment. There will be no order as to costs. Ed. This case is also Reported in:49 DLR (HCD) (1997) 469. ......ertified copy of the decree dated 3‑9‑83 which shows that respondent No.2 was the defendant No.4 in the suit and Government of Bangladesh was defendant No.6 in that suit which is supported by the plaint of the suit Annexure‑F(1). It is found that the petitioner got his sale deed executed and r..Category: Property Law | Date: | Hits: 107
Iftekhar Afzal and anothers Vs. Pubali Bank Limited and others, 1998, 27 CLC (HCD)
....nal Kanti Biswas, Advocate - For the Opposite Party No.1 (In both the Civil Revisions). Mahmudul Islam with Nahid Mahtab and Ayesha Morshed, Advocates ‑ For the Petitioner. Md. Idrisur Rahman for Kazi Md. Nurul Amin, Advocate ‑ For the Opposite Party. Civil Revision No.3542 of 1994 with......ion has power of superintendence and control over all Courts subordinate to it and such supervisory power cannot be taken away by a mere enactment of the Parliament; if it is to be taken away, proper amendment of the Constitution would be necessary. 24. Obviously Artha Rin Adalat Act cannot take ......these Rules is, whether a revisional application or a writ will lie against an interlocutory order passed by Artha Rin Adalat. 2. In Civil Revision No.3542 of 1994 the petitioner Iftekhar Afzal as plaintiff filed a suit being Title Suit No.144 of 1992 in the Court of 3rd Subordinate Judge, Dhaka ..Category: Civil Law | Date: | Hits: 171
Md. Abdul Majid and others Vs. Arjat Ali Dewan and others, 2009, 38 CLC (HCD)
....tal principles governing the amendment of the pleadings is that all the controversies between the parties as far as possible should be included and multiplicity of the proceedings avoided. Therefore, amendment of pleadings can be be considered if the proÂposed amendment will in no way change ......ies Judgment January 28, 2009. Result: The Rule is made absolute. The Code of Civil Procedure, 1908 (V of 1908); Order VI, Rule 17 One of the fundamenÂtal principles governing the amendment of the pleadings is that all the controversies between the parties as far as possible shou......nature and character of the suit rather it is required for the proper and complete adjudication of the suit which is very much consistent, relevant, material and not contradictory of the facts of the plaint. ………………………(15) Cases Referred to- Hanif Ali (Md.) Vs. Hajera Khatun ..Category: Procedural Law | Date: | Hits: 114
Tajul Islam and others Vs. Chini Miah and others, 2007, 36 CLC (HCD)
..... Plaintiffs and contesting Defendants and some of the heirs of contesting Defendants of Suit are Petitioners and Opposite Parties respectively in Civil Revision case. 3. Sketch of requisite datas forming backdrop of Civil Revision Petition may conveniently be presented tersely. 4. Petitioners....... Orders of stay and ad-interim injunction granted by this Court stand vacated. Records of Courts below be sent down immediately. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 1. ...... 4. Petitioners-as Plaintiffs instituted a Suit being Title Suit No.278 of 1998 in the Sixth Court of Assistant Judge, Dhaka for declaration of title on .34 acres of property described in schedule to plaint. Averments made in plaint are that Panchananda was owner of plot No.339 of Cadastral Survey K..Category: Procedural Law | Date: | Hits: 155
Esahaq Ali Mallik and another Vs. Mobarak Sheikh and others, 2009, 38 CLC (HCD)
....it should not be set aside. 2. Material facts, of the case, briefly, are that the petitioners as plaintiffs filed Title Suit No.14 of 1998 in the Court of Assistant Judge, Kachua, Bagerhat praying for declaration of their title in the suit land and perpetual injunction upon the defendants not to ...... No.14 of 1998 dismissing the suit are set aside. Let a copy of the judgment along with lower Court's record be sent down at once. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 144. ......-1991) passed by the Assistant Judge, Kachua, Bagerhat in Title Suit No.14 of 1998 dismissing the suit should not be set aside. 2. Material facts, of the case, briefly, are that the petitioners as plaintiffs filed Title Suit No.14 of 1998 in the Court of Assistant Judge, Kachua, Bagerhat praying ..Category: Property Law | Date: | Hits: 100
Islami Bank Bangladesh Ltd. & another Vs. Agrani Bank & others, 2010, 39 CLC (HCD)
....00 passed by the learned Subordinate Judge and Additional Artha Rin Adalat No.2 Dhaka, in Money Suit No.157 of 1999. 2. Facts leading to this appeal are that Agrani Bank brought a money suit for a decree of Tk. 9,59,400 against Islami Bank, on the allegation that the defendant's Islampur br......t. The impugned judgment and decree passed by the trial court is hereby affirmed. Send down the L/C records at once. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 150. ......eading to this appeal are that Agrani Bank brought a money suit for a decree of Tk. 9,59,400 against Islami Bank, on the allegation that the defendant's Islampur branch collected two cheques from the plaintiff's Kawran Bazar branch which was found to be forged; the defendant being found negligent in..Category: Business or Commercial Law | Date: | Hits: 548
Atiqullah Pathan (Dhanu) Vs. State and another, 2010, 39 CLC (HCD)
....ding in the Court of the learned Assistant Sessions Judge, 2nd Court Mymensingh should not be quashed. 2. The opposite party No.2, Apu Mohammad Hossain on 30-3-2005 filed a petition of complaint before the Magistrate, first Class, Mymensingh bringing allegation against the accused petitioner unde......ting notices as per the provision of law. 18. The only contention of the accused petitioner is that since the instant case has been filed on 30-3-2005 much earlier that the Negotiable Instruments (amendment) Act, 2006 (Act III of 2006 came into force and therefore the cognizance taken by the Assi......, now pending in the Court of the learned Assistant Sessions Judge, 2nd Court Mymensingh should not be quashed. 2. The opposite party No.2, Apu Mohammad Hossain on 30-3-2005 filed a petition of complaint before the Magistrate, first Class, Mymensingh bringing allegation against the accused petiti..Category: Criminal Law | Date: | Hits: 84
Motiur Rahman Bahadur Vs. Hemanta Kumar Shill, 2010, 39 CLC (HCD)
....ini Shill, the limited heir now in possession. 3. After the death of Lalit Kumar Shill the plaintiff, Amulya and Kumudini jointly sold 0.211/2 acre land from the suit plots, collected money and performed various religious rituals, including, Shradhya ceremony, Brahmin-feast, Chandipath, offering ......ent and part decree passed by the Subordinate Judge 2nd Court, Pirojpur, is maintained. Send down the lower Court records at once. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 180. ...... defendant No.1 is directed against the judgment and decree dated 24-8-1999 passed by the learned Subordinate Judge 2nd Court, Pirojpur, in Title Suit No.17 of 1998. 2. The facts as set out in the plaint, in short, are that 4.76 acre of land described in 'Ka' schedule of the plaint originally bel..Category: Property Law | Date: | Hits: 107
Shasha Textiles Ltd. Vs. Registrar, Joint Stock Companies & Firms, 2010, 39 CLC (HCD)
.... None Appears - For the Respondent. Matter No.174 of 2009. Judgment Syed Md. Ziaul Karim J.- This is an application under Section 12 read with Section 13 of the Companies Act, 1994 for confirmation of the amendment of object clause of Memorandum of Association. 2. Material fact......the Respondent. Matter No.174 of 2009. Judgment Syed Md. Ziaul Karim J.- This is an application under Section 12 read with Section 13 of the Companies Act, 1994 for confirmation of the amendment of object clause of Memorandum of Association. 2. Material facts are that the petitione......a new sub-clause 22A (under object clause III) as follows: “To mortgage the immovable property and or hypothecate/pledge/lien on any other movable assets of the Company including land, building, plaint, machinery, stocks, goods, shares, FDR, bonds etc. to any schedule bank or financial institut..Category: Company Law | Date: | Hits: 132
Jesmin Ara Vs. Md. Abdul Karim, 2010, 39 CLC (HCD)
....Special District Judge, Court No.1, Rajshahi, rejecting Civil Revision No.15 of 2006 and affirming those of dated 31-1-2006 passed by learned Senior Assistant Judge, Rajshahi rejecting an application for returning plaint of Money Suit No.4 of 2004, suffers from an error of law resulting in an errone......f stay granted earlier by this Court stands vacated. Office is directed to communicate the order at once. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 172; 18 BLT (HCD) (2010) 255. ......ct Judge, Court No.1, Rajshahi, rejecting Civil Revision No.15 of 2006 and affirming those of dated 31-1-2006 passed by learned Senior Assistant Judge, Rajshahi rejecting an application for returning plaint of Money Suit No.4 of 2004, suffers from an error of law resulting in an erroneous decision o..Category: Procedural Law | Date: | Hits: 122
Rafiqul Alam (Md.) Vs. Md. Abdul Awal & others, 2010, 39 CLC (HCD)
....udgment and decree dated 24-2-1997 passed by the SubÂordinate (now Joint District Judge), First Court, Rangpur in Other Appeal No.140 of 1995 should not be set aside. 2. The necessary facts found for disposal of this Rule are simple. The present petitioner as plaintiff filed Other Class Suit No.......2-1997 passed by the Subordinate Judge, Rangpur in Order Appeal No.140 of 1995 in hereby affirmed. Send down the LCR accordingly. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 168. ......now Joint District Judge), First Court, Rangpur in Other Appeal No.140 of 1995 should not be set aside. 2. The necessary facts found for disposal of this Rule are simple. The present petitioner as plaintiff filed Other Class Suit No.23 of 1993 in the Court of Assistant Judge, Kaunia, Rangpur for ..Category: Civil Law | Date: | Hits: 144
Aysha Begum and others Vs. Mozibur Rahman, 2010, 39 CLC (HCD)
....d by the learned Joint District Judge, First Court, Chittagong, in Other Class Suit No.254 of 2008 appointing receiver in respect of properties described in Kha schedule of the plaint. Facts relevant for disposal of this appeal, in short, are that the sole plaintiff filed the aforesaid other class s......is allowed. The impugned order passed by the learned Joint District Judge is set aside. There shall, however be, no order as to cost. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 160. ......r dated 23-4-2009 passed by the learned Joint District Judge, First Court, Chittagong, in Other Class Suit No.254 of 2008 appointing receiver in respect of properties described in Kha schedule of the plaint. Facts relevant for disposal of this appeal, in short, are that the sole plaintiff filed the ..Category: Civil Law | Date: | Hits: 126
Junnur Rahman (Md.) Vs. Bangladesh Shilpa Rin Sangstha (BSRS) and others, 1997, 26 CLC (HCD)
....er case is that Regulation No.11 of BSRS Employees Service Regulations, 1988 made in exercise of powers under Article 43(1) of the Bangladesh Shilpa Rin Sangstha Order, 1972 (PO 128 of 1972) provides for filling 100% vacancies in the post of Assistant General Manager by promotion from the post of Se......xamination, for promotion from the post of officer upto the post of General Manager. There was no change of qualifying marks for the ACR. It is 30 out of 50 as in 1988. But for the first time by that amendment qualifying marks in the interview was introduced and it is 18 out of 25 marks. On 18-12......t that could also be considered by the Administrative Tribunal. In the result, the Rule is discharged without any order as to cost. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 39. ..Category: Employment/Service Law | Date: | Hits: 194
Ali Hossain and others Vs. State & others, 1984, 13 CLC (HCD)
....ner's passed by Mr. Ali Islam Majumder, Magistrate 1st Class, Patiya, Chittagnog by his judgment dated 14.09.1982 of the charges under sections 379 and 411 of the Penal Code and sending the case back for further inquiry and trial of the accused persons. 2. The case for the prosecution in brief is......nce, 1982 (Ordinance No. XXIV of 1982) which came into force on 21.08.1982. In the present case the trial not only started before the said amending OrdiÂnance, but was also completed before the said amendment. The judgment was of course delivered on. 15.09.1982 i.e. after the said amendÂment came ...... could have appealed. Under sub-section (2) of section 417 Cr.P.C. the complainant may present an appeal to the High Court Division against an order of acquittal passed in any case instituted upon complaint on any ground of appeal which involves a matter of law only. It is evident that in the instan..Category: Procedural Law | Date: | Hits: 130
State Vs. Nazma Sarker @ Beauty and others, 2011, 40 CLC (HCD)
....06 of 2008. Judgment Afzal Hossain Ahmed J. - This Death Reference has been made under Section 374 of the Code of Criminal Procedure by the learned Additional Sessions Judge, 1st Court, Gazipur for confirmation of the sentence of death imposed upon the condemned-prisonÂers Nazma Barker @ Beau......ds, along with a copy of this judgment and order, be sent to the concerned Court below for information and necessary action at once. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 483. ......ment of Nazma Sarker @ Beauty was marked as Ext.4. The paper clearly manifests that the learned Magistrate recorded the statement observing all the legal formalities. The accused did not make any complaint of Police torture and maltreatment and she was given 3 hours time for reflection. The stateme..Category: Criminal Law | Date: | Hits: 99
AKM Abu Sayed Chowdhury Vs. AKM Abdul Wahed Chowdhury and others, 2011, 40 CLC (HCD)
....ave given rise to the Rule are as follows: the petitioners as plaintiffs filed Title Suit being No.66 of 1996 in the Court of Assistant Judge, Companygonj Noakhali against the opposite parties paying for cancellation of decree and not binding upon the plaintiffs; that the case of the plaintiffs is t......al power. In the result the revision fails and the Rule is discharged without any Order as to cost. Sent down the LCR at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 298. ......Hussain, Advocates - For the Opposite Parties. Civil Revision No.2744 of 2007. Judgment Siddiqur Rahman Miah J.- This Rule under section 115 of the Code of Civil Procedure at the instance of plaintiffs-petitionÂers calls in question the Judgment and decree dated 22-1-2007 passed by the lea..Category: Procedural Law | Date: | Hits: 110
Mrs. Nadira Rahman Vs. Sayed Amir Hossain, 1983, 12 CLC (HCD)
....1500 of 1980. Judgment Abdur Rahman Chowdhury J.- While conÂcurring with the Judgment just delivered by my learned brother I would like to add a few words of my own. Here is a case which has unfortunately been dealt with by the Administrator of Wakf and the learned District Judge more on surm......d orders were passed and she is to continue as Mutwalli till she resigns or is removed in accordance with law. No order as to cost. Ed. This Case is also Reported in:35 DLR (HCD) (1983) 277. ......o happened to be brother of Mrs. Nadira Rahman, adduÂced any evidence in support of his allegation as contained in his petition which however need to have been proved as an allegation contained in a plaint in a Court of law. Thus, it is clearly seen that the Administrator of Wakfs without following..Category: Trust/Waqf Law | Date: | Hits: 134
....ssed by the Sessions Judge, Patuakhali confirming the conviction and sentence passed by the Summary Martial Law Court in GR Case. No.375 of 1977 sentencing the accused to suffer rigorous imprisonment for one year and also to pay a fine of Taka 1000.00 in default to suffer rigorous imprisonment for a...... the charge as leveled against him.
The accused is to be discharged from his bail bond immediately. Communicate this order at once.
Ed.
This Case is also Reported in:48 DLR (HCD) (1996) 417.
......ill be seen from the following facts. It is the case of the accused that while he was posted as a Veterinary Assistant Surgeon at Galachipa in the District of Patuakhali, on the basis of a written complaint by one Fazlur Rahman who complained that he had gone to the accused on 17‑11‑77 requestin..
Category: Criminal Law | Date: | Hits: 84
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