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Md. Abul Basher Vs. The Judge, First Artha Rin Adalat, Chittagong and others, 2008, 37 CLC (HCD)
....ase cannot proceed and is liable to be dismissed. 5. The Artha Rin Adalat (hereinafter referred to as 'the Adalat'), Chittagong by the impugned Order No.65 dated 02.7.2005 rejected the application holding that there is nothing in the provision of section 37(1) of the Ain, 2003 to dismiss the Arth......to dispose of the Artha Rin Execution Case No.208 of 2004 expeditiously. Communicate the judgment to the Adalat concerned at once. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 208. ..Category: Civil Law | Date: | Hits: 136
....points out that in the written statement the defendants did not challenge the claim of the plaintiff that he is a regular employee and the defendants also did not challenge the authority of the Court holding the trial and that the Labour Court only has exclusive jurisdiction to try the grievances of......ge, Sadar, Kurigram impleadine the petitioner Nos.1-4 as defendant Nos.1-4 and prayed for a decree for declaration that he is entitled to get gratuity, pension and other service benefit as a regular Government employee.
3. The case of the plaintiff is that he joined the then West Pakistan Water a..
Category: Employment/Service Law | Date: | Hits: 166
Waseq Ullah & Others Vs. Rezia Khatun and Others, 2010, 39 CLC (HCD)
....ded in any khatians, no rent receipt is produced by plaintiff, plaintiff being a stranger has no locus standi to challenge the benami transaction in between defendant and his brother-in-law and after holding as such, the suit ought to be dismissed but the learned Judge decreed the suit in part. Let ......ssion is to be claimed by a person whose title is to be perfected other than by virtue of a title deed or a contract to purchase. . . The limitation for getting title by adverse possession against Government is 60 years uninterrupted possession….………(19) Dismissal of suit When there i..Category: Property Law | Date: | Hits: 83
....s as PSI agencies for a period of three years. The petitioners under the arrangement with the Government have been satisfactorily carrying on their works and receiving payment thereof without any withholding or deduction of any money on account of VAT. It was agreed upon that Pre-shipment Inspection......re internationally, reputed Pre-shipment Inspection, Agencies engaged in the business of pre-shipment inspection of goods exported from different countries and they were duly approved as such by the Government of Bangladesh. The petitioners have their branches and operations in more than 100 countri..
Category: Fiscal/Taxation Law | Date: | Hits: 119
Md. Farid Hossain Vs. State, 2007, 36 CLC (HCD)
....n Police failed to bring prosecution witness The learned Judge should inform the higher authority of the Police Department about their failure to bring the prosecution witness before the Court for holding trial within the prescribed period of time. No process of the Court got any importance for e......Briefly, the facts the prosecution case are that S.I. Kamruzzaman of Dhaka Metropolitan Police Station Mirpur along with other police personnel arrested the accused appellant Md. Farid Hossain and recovered one foreign made revolver on the basis of secret information. Since the accused could not sho..Category: Criminal Law | Date: | Hits: 92
Ruhul Amin Vs. State and another, 2007, 36 CLC (HCD)
....n thereof by way of asserting in his deposition as D.W.1 that executant of the Kabala Mamotaz Begum died during pendency of the pre-emption case and her heirs were substituted. So we have no doubt in holding that by producing the preemption order in evidence and by making statements in support of ......Saleh Mohammad Nur claims that in 1980 he purchased the said 2.50 acres of land from the heirs of Mamotaz Begum, and thereafter came to know of the preemption order and the disputed Kabala, and discovered that the Kabala was the product of impersonation showing it to have been executed by Momtaz B..Category: Property Law | Date: | Hits: 122
....lly stated that the plaint of the said title suit has been rejected under Order VII, rule 11 of the Code of Civil Procedure by the Joint District Judge, 6th Court, Dhaka by the order dated 23-3-2008, holding that there is a bar to any suit challenging the requisition notice under section 14(A) of th......(Special Original Jurisdiction)
Present:
Md. Imman Ali J
Md. Emdadul Huq J
Abdul Kader Bhuiyan and 17 others ………………………Petitioners
Vs.
Secretary, Ministry of Land, Government of the People's Republic of Bangladesh and others …………………………..Responde..
Category: Property Law | Date: | Hits: 121
Sadek Hossain Khoka and others Vs. Election Commission for Bangladesh and others, 2008, 37 CLC (HCD)
....s an existence independent from the person who filled it, which goes on and is filled in succession by successive holders."……………………………..(29) The Mayor of City Corporation is holding "office of profit" as defined in Explanation I of Article 12 of the PO 155 of 1972 and also ......ctor, Warangel, AIR 1964 Andhra Pradesh 421; Central Railway Workshop, Jhansi Vs. Vishwanath, AIR 1970 SC 488; Sayad Mir Ujmuddin Khan Vs. Ziaulnisa Begum, (1879) ILR 3 Bombay 422 PP. 430, 431 (PC); Gover’s Re. Coal Economising Gas Co. (1875)1 ChD182, p. 198; RS Raghanath Vs. State of Karnataka, A..Category: Constitutional Law | Date: | Hits: 466
.... (2) shall be deemed to be a licence granted under sub-section (1) and all such licences granted before such commencement to other trade organizations shall stand revoked.
(5) A trade organization holding a licence may be registered under the Act as a company with limited liability without the ad......………….Petitioner (In Writ Petition No.1669 of 2009)
Metropolitan Chamber of Commerce and Industry, Dhaka………………………Petitioner(In Writ Petition No. 2386 of 2009)
Vs.
Government of Bangladesh and others…………………………Respondents
Judgment
November..
Category: Others | Date: | Hits: 107
Pochon Rikssi Das Vs. Khuku Rani Dasi and others, 1997, 26 CLC (HCD)
....bject to the provisions” as mentioned in section 5 of Madras General Sales Act where section 3 is the charging section and section 5 gives exemption from taxation but that section clearly makes the holding of a licence subject to restriction and conditions prescribed under the provisions of the Ac......is Rule only on the legal point that a Family Court constituted under Family Courts Ordinance, 1985 had/has no jurisdiction to pass such a decree as the parties are Hindus. Mr. Chowdhury has not controverted or entered into the merit of the case. It is submitted by Mr. Chowdhury that the provisions ..Category: Family Law | Date: | Hits: 209
Touhid & Others Vs. State, 2006, 35 CLC (HCD)
....and fact and circumstances of the case do not have so much of cutting-edge as to penetrate the fortress of innocence built around the two convict-appellants. Learned Trial Judge was in grave error in holding that though the accused Jahangir Alam and Mukut did not personally assault the victim yet th...... depend upon judicial evaluation of the totality of evidences, oral and circumstantial and not by an isolated scrutiny. Case of the prosecution is, also, required to be judged taking into account the overall features of the case with a practical, pragmatic and reasonable approach in appreciation of ..Category: Criminal Law | Date: | Hits: 98
Md. Abdul Wahab Sarker and others Vs. Md. Shahid Sarker and others, 2009, 38 CLC (HCD)
....s/notices were served upon the defendants No.2, 3, 5, 7 and 8 which is vital for the purpose of the disposal of the case under order 9 Rule 13 which has been filed mainly on the assertion that before holding the trial of the suit by the Subordinate Judge at Gazipur, the aforesaid defendants died and......ted to dispose of the suit within 6 months from the date of receipt of the records. Send down the lower Courts records immediately. Ed. This Case is also Reported in: 18 BLT (HCD) (2010) 94. ..Category: Procedural Law | Date: | Hits: 133
Fakir (Md.) Tariqul Islam Vs. State and others, 1996, 25 CLC (HCD)
.... Judge to ask the Government for and obtain sanction. Hence, the learned Senior Special Judge committed illegality in refusing to prosecute the accused opposite party Nos.2 and 3 on the ground of withholding sanction by the Government. 5.In support of his above contentions the learned Advocate of......f the Criminal Law Amendment Act, 1958 should be given plain and simple meaning. Requirements of section 6(5) of the said Act is mandatory and a Court or tribunal must obtain prior sanction from the Government for prosecuting a public servant if he continues to be so at the time of taking cognisance..Category: Criminal Law | Date: | Hits: 130
....that allegations of unfair means had been received against them and withheld their result. Subsequently the University Authority i.e. Respondent No.1 the Controller of Examinations, cancelled the withholding order with regard to 192 examinees. The petitioners were asked by the respondent No.2 to sho......nation Centre. The letter annexed hereto as Annexure‑B. The teachers council of the day shift and night shift of Jagannath College, Dhaka met in an emergent meeting on 7‑8‑90 which was presided over by the principal of the college and the Council denied all the allegations specifically and in ..
Category: Constitutional Law | Date: | Hits: 300
Bachu Miah Vs. Samad Miah and others, 1998, 27 CLC (HCD)
....d defence examined 4 D.Ws. and the learned Sessions Judge after discussing the evidence of those witnesses by a lengthy judgment of one hundred twenty‑nine typed pages acquitted the accused persons holding: "Hence I am of the opinion that the prosecution has failed to prove the charges under se......uitted. 6. Learned Advocate appearing for the petitioner after placing the impugned judgment and other materials on record submitted that learned Sessions Judge having found that there was rioting over the disputed land acted illegally in acquitting the accused opposite‑parties on irrelevant co..Category: Criminal Law | Date: | Hits: 75
Ayesha Khatun Akhtar Vs. Government of Bangladesh and another, 1998, 27 CLC (HCD)
....has challenged the judgment and order dated 26‑1‑97 passed by the Chairman, 1st Court of Settlement, Dhaka to have been passed without any lawful authority and to be of no legal effect. 2. The holding in question being plot No. H/7, Block‑E, Mohammadpur, Dhaka was leased out to one Amir Hos......eme Court High Court Division (Special Original Jurisdiction) Present: Qazi Shafiuddin J Syed JR Mudassir Husain J Ayesha Khatun Akhtar……………………Petitioner Vs. Government of Bangladesh and another……………………Respondents Judgment February 12, 1..Category: Property Law | Date: | Hits: 71
Bangladesh Vs. Shudhir Chandra Nath, 2011, 40 CLC (HCD)
....etitioner's Government submits that both the Courts below have committed an error of law in decreeing the suit against the petitioner, that both the Courts below have committed an error of law in not holding that the petitioner is not liable to pay the compensation to the plaintiffs, that both the C......hort facts which have given rise to the Rule are as follows: The plaintiff instituted Title Suit No.32 of 1973 for declaration of title to the suit land described in the schedule of the plaint and recovery of khas possession thereto in alternate for awarding a money decree of Taka 10,175.10 being th..Category: Procedural Law | Date: | Hits: 111
Nuruzzaman (Md.) and others Vs. Bangladesh and others, 2012, 41 CLC (HCD)
....the material allegations, contending, inter alia, that receiving the information about the illegality and irregularity in the process of appointments, the Government formed an Enquiry Committee for holding enquiry. Accordingly, the Enquiry Committee held enquiry and found numbers of illegalities......practice, there acquired no vested right in the office on the basis of such appointments. Such order of appointments can be cancelled……………………………(24) Cases Referred to- Government of Bangladesh Vs. Md. Selim Reza, 23 BLD (AD) 193; Secretary, State of Karnataka Vs. Umade..Category: Employment/Service Law | Date: | Hits: 148
....ndant nos. 15-19 that after the death of the Ramani Mohan Das Baishnabi the defendant No.1 Baraja Bala Baishnabi became the Shebait as nominated by him as per custom before his death and she had been holding the office of Shebait of the deities and was maintaining possession of the property staying ......ff is the only heir by inheritance of the said Ramani Mohan Das Baishnab and has been enjoying the said properties permanently and the plaintiff is entitled to the compensation money assessed by the government in respect of the 3rd schedule land described in the plaint and for permanent injunction.
..
Category: Property Law | Date: | Hits: 102
Allama Delawar Hossain Sayedee Vs. Bangladesh, and others, 2009, 38 CLC (HCD)
....e passport authority must act bona fide and comply with all requirements of law failing which the restriction order will become void and unlawful………(11) Although the Government's concern for holding war criminals trial is appreciated however the High Court Division cannot condone the Govern......d in Article 36 of the Bangladesh Constitution, 1972 to leave the country and go abroad and to re-enter the country again is not unfettered. It is subject to any restriction imposed by law. Thus the Government or any authority pursuant to any provision of law may restrict a person from leaving or re..Category: Constitutional Law | Date: | Hits: 147
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