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State Vs. Md. Mobarak Ahmed Chowdhury, 2007, 36 CLC (AD)
.... the Court of Sessions Judge, Hobiganj where cognizance of the case was taken on 19.07.1993 and charge under Section 324/302 of the Penal Code was framed by the Sessions Judge on 17.08.1998 who after holding trial convicted and sentenced the condemned prisoner for the offence committed under Section......tance in the submissions of the learned Deputy Attorney General for the petitioners. Accordingly, the leave petition is dismissed. Ed. This Case is also Reported in: 20 BLT (AD) (2012) 275. ..Category: Criminal Law | Date: | Hits: 79
Alhaj Abdul Awal Ratan and another Vs. Abdul Mannan Mia and others, 2008, 37 CLC (AD)
....at the deed of re-conveyance executed and registered during pendency of the preemption case cannot defeat the right of pre-emption, has erroneously allowed the appeal rejecting the pre-emption case holding that the petitioner failed to prove that the market value of the case land was Tk. 60,000.00......ous Case No.54 of 2000 in the 4th Court of the Senior Assistant Judge, Narayangonj for pre-emption under Section 96 of the State Acquisition and Tenancy Act, 1950 alleging, inter alia, that the land covering an area of .56 acres of Plot No.1 and 0.24 acre of Plot No.2 of Jangalia mouza originally be..Category: Property Law | Date: | Hits: 88
M. M. Mahboob and others Vs. Sk. Abdur Rashid and others, 2004, 33 CLC (AD)
....tions due to lapse of time. Learned Counsel lastly submits that the seniority of the appellants having been decided in 1975 and 1978 before BCSR came into being the High Court Division is wrong in holding that quota mentioned in item No.6 of schedule II of BCSR was violated while promoting the ap...... Syed JR Mudassir Husain J MM Ruhul Amin J M. M. Mahboob and others.........Appellants Vs. Sk. Abdur Rashid and others …..............Respondents (In Civil AppealNo.199 of 2000) Government of Bangladesh represented by the Secretary, Ministry of Establishment .....Appellant V..Category: Employment/Service Law | Date: | Hits: 149
.... Suit No.27 of 1996 in the Court of Assistant Judge, Comilla Sadar challenging the order of suspension but the same was dismissed.
4. The High Court Division, after hearing, made the Rule absolute holding that the respondent was deprived of the opportunity of defending himself as along with the s......cation, Comilla and others.......Petitioners
Vs.
Md. Shafiqul Islam…………………………..Respondent
Order
August 5, 2007.
Result:
The petition is dismissed.
The Government Servants (Discipline and Appeal) Rules, 1985; Rules 10(8)
In a departmental proceeding ..
Category: Labour and Industrial Law | Date: | Hits: 832
Nizamuddin Dhali (Md.) Vs. State, 1993, 22 CLC (HCD)
.... the alleged offence is concerned have not been complied with. Moreover, the learned Advocate for the appellant contends that in this charge the provisions of section 234 have also been‑violated by holding one trial with respect to separate offence of breach of trust totalling more than three and ......t from 13‑8‑71 to 18‑11‑80 that is, for more than 3 years. So, apparently, the requirements of section 222 so far the time of the alleged offence is concerned have not been complied with. Moreover, the learned Advocate for the appellant contends that in this charge the provisions of section ..Category: Criminal Law | Date: | Hits: 95
Md. Aminul Haque Helal Vs. Mr. Justice Sultan Hossain Khan and others, 2006, 35 CLC (HCD)
....orney-General, Zafar Imam - For the Respondent No.2. Writ Petition No.1493 of 2005. Judgment Md. Abdul Matin J.- This rule was issued calling upon the respondents to show cause as to why the holding of the office of the Chairman "Durnity Daman Commission" by the respondent No.1 should not b......sain Khan, respondent No.1, as Chairman of the দুর্নীতি দমন কমিশন has been done in violation of Article 99 and 118 of the Constitution by a Notification issued by the Government in Cabinet Division. 3. The respondent No.1 was appointed as chairman of the Durnity Da..Category: Constitutional Law | Date: | Hits: 228
Md. Abdul Khaleque Vs. Uttara Bank Limited and others, 2011, 40 CLC (AD)
.... error of law. The learned Advocate further contended that the High Court Division has totally failed to consider the principle laid down in the decision reported in 19 DLR (SC) 198 and thereby, upholding the order of Trial Court has committed error of law. 8. No one appears to represent the r......nd no considerable substance in submissions of the learned Advocate for the petitioner. Accordingly, the leave petition is dismissed. Ed. This Case is also Reported in: 20 BLT (AD) (2012) 256...Category: Civil Law | Date: | Hits: 118
Bangladesh Parjatan Corporation Vs. Md. Ali Hossain and another, 2012, 41 CLC (AD)
....machari Union, the period of two years tenure from 30.12.2003 to 30.12.2005 having expired, the petitioner would no longer be treated as the president of the said Union; the petitioner obstructed the holding of election of the Union for the next term by filing cases. The transfer, promotion and othe......tion Vs. Shahid Hossain Bhuiyan, 43 DLR (AD) 154; Workers of Bata Shoe Co. represented by Bata Mazdoor League (Regd), Lah Vs. Bata Shoe Co. Ltd. Batapur Lahore 23 DLR (SC), 60; Md. Motiar Rahman Vs. Government of Bangladesh and others being Writ Petition No.4540 of 2000; Secretary, Bangladesh Jute M..Category: Employment/Service Law | Date: | Hits: 156
Ishaque Mia (Md.) & another Vs. Abdul Mazid Mollah & others, 1995, 24 CLC (HCD)
.... a suit for declaring decree not binding on him and get the same set aside if found, illegal." The question involved in the Rule of that case was whether the Court of appeal below was justified in holding that the plaintiffs petitioner has no locus standi to have it declared that a decree passed ......ground High Court Division held as follows: "it is true that a Nikah registrar is appointed under rule 5(1) of the said rules" on purely temporary basis until a Nikah registrar is licensed by the Government on regular basis. So the said decree passed in Tide Suit No.26 of 1977 is contrary to the ..Category: Civil Law | Date: | Hits: 130
Md. Siraj alias Md. Sirajul Islam Vs. Ananda Furniture's, 2011, 40 CLC (AD)
.... other hand, supported the impugned judgment and order of the High Court Division and further submitted that High Court Division committed no error of law in affirming the order of the District Judge holding that the grounds urged for rejection of the plaint are absolutely the subject matter of evid......ot find substance in the submissions of the learned Advocate-on-record. Accordingly, the Petition for Leave to Appeal is dismissed. Ed. This Case is also Reported in: 20 BLT (AD) (2012) 167. ..Category: Procedural Law | Date: | Hits: 133
Abdus Salam Vs. Md. Ustar and another, 1982, 11 CLC (HCD)
.... application for preemption against the pre-emptee petitioner and several others for pre-emption under section 96 of the State Acquisition and Tenancy Act alleging, that they were co-sharers of the holding and that their names have been recorded in the khatian. They further alleged that the opposi...... co-sharers by the partition deed appertain to one Jama or holding at a rent of Rs. 7. There is no evidence on record that there has been a spitting up of the holding in the revenue records of the Governments. In this view the learned Subordinate Judge rightly held on the basis of Exbt. 2 that the..Category: Property Law | Date: | Hits: 113
Matira Bewa & others Vs. Sree Sudhir Chandra Saha & others, 1982, 11 CLC (HCD)
.... In Second Appeal, a question was raised for the first time that the kabulyat was null and void being hit by the provision of section 75A of the S. A. & T. Act and the learned single Judge, after holding that the kabulyat was hit by section 75A of the said Act and was null and void decreed the s...... a declaration that a kabulyat dated 17 Chaitra, 1362 B.S. corresponding to 31st March, 1956 executed by Jan Mamud is favour of the plaintiffs in respect of the suit lands is null and void and for recovery of possession of Schedule 'A' out of the suit lands and confirmation of possession in Schedule..Category: Property Law | Date: | Hits: 146
Md. Anowarul Islam Vs. State, 2009, 38 CLC (AD)
....n of their bail by the High Court Division, the above Abul Basher and Jalaluddin, the appellants, did not surrender before the Tribunal No.6, Comilla and then the High Court Division, for the purpose holding preliminary inquiry under section 476 of the Code of Criminal Procedure, issued Rule on 25.9......nitiate any criminal prosecution against him submitting that he received those certified copies in good faith and bonafide belief that those were genuine and that one Siraj Munshi had actually handed over those documents to him for the purpose of preferring the above appeal and subsequently, on 1.7...Category: Criminal Law | Date: | Hits: 146
Jan-E-Alam Vs. Rupali Bank Limited and others, 2009, 38 CLC (AD)
....ion for cancellation of the auction. The Execution Court rejected the applications filed by the decree holder-bank, judgment debtor and Rupali Bank, Dewan Bazar Branch, respondent No.4, on 23.04.2002 holding that there is no latches on the part of auction purchasers and since the decree holder bank ......f the above, we find no substance in submissions of the learned Advocate for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 20 BLT (AD) (2012) 82. ..Category: Others | Date: | Hits: 140
Suratunnessa and others Vs. Nurjahab Bibi and others, 2011, 40 CLC (AD)
....ect and further the opposite party No.2 Abdur Rashid, in his deposition stated that he had helped the pre-emptor at the time of reaping the harvest. 5. The Appellate Court allowed the preemption holding that the trial Court relied on the evidence of pre-emptor No.3 Abdur Rahman but Abdur Rahman......tated that he on the date of the registration of the kabala in question did put his signature as an attesting witness in another deed and that P.W Nos.1 and 2 proved that the pre-emptees did not take over possession of the case land immediately after purchase vendor Shamshad Ali remain in possession..Category: Property Law | Date: | Hits: 84
Mazharul Haque Vs. Bulk Management (Bangladesh) Ltd. and others, 1996, 25 CLC (HCD)
....tioner on 23‑12‑80 to set up an industrial unit with foreign collaboration under the name and style Bulk Management (Bangladesh) Limited (hereinafter referred to as "Bulk Management") with a shareholding ratio of 30 percent for the foreign investor, 30 percent for Bangladesh Chemical Industries ...... present petition for winding up. The present application is therefore not admitted. It is rejected without any order as to costs. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 453. ..Category: Company Law | Date: | Hits: 185
Mahatab Hossain (Md) Vs. Upazila Nirbahi Officer and others, 2006, 35 CLC (HCD)
.... from the date of suspension is liable to be declared to have been made without lawful authority. He then submits that having regard to the fact that the proceedings drawn by the respondent No. 1 for holding inquiry and thereafter changing the Inquiry Committee several times and without supplying th......5(4) 86 dated 2-12-1986 (Annexure A 1). The respondent No.l is the Upazila Nirbahi Officer of Pirgonj, Rangpur. The respondent No.2 is the Deputy Commissioner, Rangpur and the respondent No.3 is the Government of the People's Republic of Bangladesh represented by the Secretary, Ministry of Local Gov..Category: Employment/Service Law | Date: | Hits: 180
Amiren Nessa and another Vs. Harun Mia and others, 1982, 11 CLC (HCD)
....reasons indicated above. 9. For the aforesaid reasons, the appeal is allowed. The Judgment and decree of the learned Subordinate Judge are set aside and the suit is decreed in preliminary form holding that the plaintiffs have 2/3rd share in the 1st schedule land and 1/3rd share in the 2nd sch......ssession'. Mr. Mannan appears to be Correct in his view 'Out of possession' is not synonymous with excluded from possession. In a case where a person is excluded from possession it means that by some over act he has been left out of possession and has not been allowed possession. Therefore, an eleme..Category: Property Law | Date: | Hits: 93
Rezaul Bari (Md.) Vs. Bangladesh & others, 2010, 39 CLC (HCD)
....ications were rejected. The learned Additional Chief Judicial Magistrate by an order dated 10-6-2008 directed the Mithapukur Police to hand over the case records to the local Durniti Daman Office for holding investigation. Challenging the proceeding the petitioner moved this Court and obtained the p...... other police personnel went on duty at Mithapukur area and came to know from secret source that "Dust Fish" of Shatibari Fisheries are being sold at a higher rate than that of the rate fixed by the Government. Getting such information, the informant along with some members of RAB rushed there and f..Category: Anti-Corruption Laws | Date: | Hits: 142
SM Aynul Kabir and others Vs. Kambar Ali and others, 2010, 39 CLC (HCD)
....eof shall be given to the allottee by demolition of the construction." 9. In the case of Fahim-al-Haque Vs. Md. Abdul Aziz, reported in 43 DLR 226 another Division has followed the decision in upholding an order of affirmance rejecting the prayer for injunction. In the case of Mofazzal Hossain ......in it is held: "The object of the interlocutory injunction is to protect the plaintiff against injury but he violation of his right for which he could not be adequately compensated in damages recoverable in the action if the uncertainty were resolved in his favour at the trial, but the plaintif..Category: Civil Law | Date: | Hits: 111
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