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Dr. Md. Shahjahan, Advocate Vs. Election Commission and others, 2011, 40 CLC (HCD)
....s for the presidential and parliamentary elections and conduct of such elections in the Election Commission. Election is a long, elaborate and complicated process which starts with notification for holding the elections and ends with the declaration of the result of polling in the manner presc......arch 14, 2011. Result: The Rule is discharged. Cases Referred to- AFM Shah Alam Vs. Mujibul Hague, 41 DLR (AD) 68; AKM Mayeedul Islam Vs. Bangladesh Election Commission, 48 DLR (AD) 208; Government of Bangladesh Vs. Sheikh Hasina, 60 DLR (AD) 90. Lawyers Involved: None appears - Fo..Category: Election Law | Date: | Hits: 231
.... Bangladesh. The petitioners have alleged, they, their family members and dependents own and hold the aforesaid 1,76,500 shares out of a total 3,25,000 shares of the said Purbachal Jute, as they were holding before nationalisation of the Industry, and that they constitute 58% of the total shares and......ision
(Special Original Jurisdiction)
Present:
Sultan Hossain Khan J
Anwarul Hoque Chowdhury J
Mian Abdur Rashid and others…………………………………Petitioners
Vs.
Government of People's Republic of Bangladesh, represented the Secretary, Ministry of Industries &..
Category: Company Law | Date: | Hits: 162
Promode Ranjan Paul & others Vs. Government of Bangladesh & others, 1986, 15 CLC (HCD)
.... the suit upon the findings that the suit as framed is competent, that the plaintiff has title and he is in exclude possession of the suit plot, that the defendant No.3 being a lessee has no right of holding over in the leased out property let alone the question of having title therein and that the ......987) 132. ..Category: Property Law | Date: | Hits: 107
Siraj Mia (Md.) Vs. Nasima Akhter and another, 2002, 31 CLC (HCD)
....signature as well as the signature of defendant No.1 in the said baina as Exhibits 1/1 and 1/2 and after hearing, the learned Subordinate Judge, by the impugned judgment and decree dismissed the suit holding that no attesting witnesses of the baina came forward to prove Exhibit 1, the baina, and tha......ed at Taka 1,68,000 and then on 8‑3‑88, after receipt of Taka 5000 from the plaintiff, a baina was executed between the plaintiff and the defendant No.1 and on that date the defendant No.1 handed over the possession of the suit land to the plaintiff, and the plaintiff promised that he will pay t..Category: Property Law | Date: | Hits: 104
Hellenic Lines Ltd. Vs. People's Republic of Bangladesh, 1985, 14 CLC (HCD)
.... the customs during these 4 days. 3. As a result survey could not be held within that time. The plaintiff requested defendant No.4 by their letter Ext, 5(c) dated 02.03.1968 to extend the date for holding the survey but defendant No.4 by their letter Ext-5(c) dated 7th March, 1968 expressed the......arned out by the Lloyd's surveyor they are not liable for the result of the survey. Defendant Nos.1 & 2 denied the quantity of shortage and also contended that the plaintiff in not entitled to recover customs duty, sales tax survey fee, river dues and landing charges from the defendants. 6. D..Category: Business or Commercial Law | Date: | Hits: 463
Shahr Banoo Mohsin Asgar and another Vs. Lailun Nahar Ershad and others, 1991, 20 CLC (HCD)
.... 1973 for specific performance of a contract for sale of 13 kathas of land including a two storied building at 3, New Bailey Road, Dhaka on the allegations that petitioner No.1 being the owner of the holding executed an agreement dated 15.8.71 for sale of the same to him at a consideration of Tk. 1,......d. It is also not in dispute that as a general rule the powers of the Court under section 151 of the Code of Civil Procedure are not to be invoked where there is specific provision in the Code which covers a particular case or there is an alternative remedy. It is the contention of the petitioners t..Category: Procedural Law | Date: | Hits: 130
....thout jurisdiction and there is no hat or bazar on the suit land and for permanent injunction restraining the said defendant opposite parties from treating the suit land as hat or bazar and also from holding any auction for the suit land and for mandatory injunction directing them to remove the huts......oted that after filing the suit for permanent injunction the plaintiffs filed an application for temporary injunction with a prayer for ad‑interim injunction claiming exclusive possession and title over the suit land. Ad‑interim injunction was granted. Then the defendant‑opposite parties took ..
Category: Property Law | Date: | Hits: 123
Padmabati Biswas Vs. Banglasdesh and others, 1992, 21 CLC (HCD)
....n 1940 the Government again surveyed the land of Touzi No.1140. Along with land accreted to this touzi were delineated in the map so prepared and separate khatians were in the names of those who were holding the land contiguous to their Ash land. But there was no survey of the land accreted to Touzi......D) 195; Lopez Vs. Mudan Mohan Thakur, 13 MIA 467 PC. Makku Mia & others Vs. Ali Rossain Bhuiyan and others, BCR 1984 (AD) 60; Jafar Ali & others Vs. Sadek All & others, BCR 1985 (AD) 29; Government of Bangladesh Vs. A Wahed Miter & others, BLD 1990. Lawyers Involved: Khondker M..Category: Property Law | Date: | Hits: 118
Chairman, Chittagong Port Authority, Chittagong Vs. Kalipada Dey & others, 1986, 15 CLC (HCD)
.... this, case we have already referred that the Appellate Division of the Supreme Court has already interpreted the definition of industrial dispute in the case reported in 30 DLR (SC) at page 251 by holding as follows:— 'Such an industrial dispute shall not be deemed to be in existence unless,......t, the Rule is made absolute without any order as to costs and the impugned order is set aside. Mohammed Abdur Rouf J. - I agree. Ed. This Case is also Reported in: 39 DLR (HCD) (1987) 39. ..Category: Labour and Industrial Law | Date: | Hits: 204
GSH Jamal Vs. Surraiya Jabeen and others, 2010, 39 CLC (HCD)
....ated 23-9-2008, passed by the learned Joint District Judge, 2nd Court, Dhaka in Title Suit No.40 of 2005 (Originally Title Suit No.135 of 2003) decreeing the suit in favour of the plaintiff-landlord, holding that the defendant tenant is a defaulter and, as such, he is liable to be evicted and was al...... and, as such, he is liable to be evicted and was also directed the defendant-tenant to vacate the suit premises upon removing all the structures constructed by him from the suit premises and handover the vacant possession of the same to the plaintiff landlord within 30 days. 2. The predecess..Category: Tenancy Law | Date: | Hits: 190
Director General, Bangladesh Railway and others Vs. Niaz Mohammad Ali and others, 2012, 41 CLC (AD)
....-‘G’ to the writ petition). 3. That the relevant facts for disposal of the case are as follows: The respondent Nos.1-29, who were the writ petitioners, were employed by Bangladesh Railway holding the same post without any promotion since their appointment. They joined in different posts ......ntested the said Rule by filing an affidavit-in-opposition denying material allegations made in the writ petition, stating that the writ petition was not maintainable since the writ petitioners were Government servants their remedies lies with the Administrative Tribunal. Hence, the Rule is liable t..Category: Employment/Service Law | Date: | Hits: 222
....aintiff examined 5 (five) P.Ws. and the defendant examined 1 (one) D.W.
7. Upon considering the evidence on record the trial Court dismissed the suit by the judgment and decree dated 30.01.2006 holding that the suit was barred by res judicata and the plaintiff failed to prove his possession an......changed the suit land on 29.02.1984 by a registered Exchange Deed No.1889 in favour of the plaintiff and the plaintiff got his name mutated vide Mutation Case No.2273 of 1983-84 and paid rent to the Government. The tenants started defaulting in payment of rent and thereafter the tenants filed Rent C..
Category: Property Law | Date: | Hits: 181
Shahidul Islam Vs. State and another, 2011, 40 CLC (HCD)
....f same nature and between same parties is not permissible rather is no provision of single trial in this Act. Moreover, section 233 of the Code of Criminal Procedure does not completely debar from holding joint trial. This section has some exceptions. Section 235 is exception to the general ru......ed this Revision and obtained the present Rule. Being premature, the charge is liable to be set aside to secure ends of justice. 5. The added opposite party No.2 has filed a counter affidavit controverting the statements of the revisional application. In reply to first submission, the learned Adv..Category: Procedural Law | Date: | Hits: 114
Javed Alam (Md.) Vs. Bangladesh and others, 2001, 30 CLC (HCD)
....registered as case No.1019 of 1992 (Ka 9 Mymensingh) against Serial No.9 at page 9762(70) and the 2nd Court of Settlement Dhaka by judgment and order dated 10-12‑1998 allowed the petitioners case holding that the schedule building being 5 Bagmara Road (also known as 5 Medical Gate Road PS Kotwal...... is made absolute. Since the Court of Settlement has found that the case property cannot be enlisted as abandoned property, the petitioner is entitled to get back possession of the property. The Government is not permitted to treat the property as abandoned property any more or allowing anyone t..Category: Property Law | Date: | Hits: 106
Abu Bashar (Md.) and others Vs. Md. Raja Meah and others, 2010, 39 CLC (HCD)
....e Executing Court ought to have made an enquiry whether the above assertions of the judgment-debtors were true or false, before passing the order of Civil imprisonment. I am of the view that in not holding such inquiry, the Executing Court committed an error of law and the learned Additional Distr......e issuance of the instant Rule are as follows: The decree holder opposite party No.1 has been serving as a Teacher of Bengali Department of Barman Islamia Senior Madrasha since October, 1987. The Governing Body of the Madrasha dismissed him from service on 8-10-1989 and thereafter the decree ..Category: Civil Law | Date: | Hits: 166
Dr. Md. Rahmat Ali Vs. State, 2011, 40 CLC (HCD)
....hala Bighnakari Aporadh (Druto Bichar) Ain, 2002. 4. The case was transferred to the Court of the Magistrate, 1st class, Dinajpur and Ain Sringkhata Bighnakari Aporadh (Druto Bichar), Dinajpur for holding trial, who framed charge against the accused petitioner under section 4(1) of Ain Sringkhala......formant, and threatened her that if she did not give the amount, he would not grant the dearness allowance along with other allowances and at that time, the RAB personnel entered into the room and recovered the amount given by the informant as bribe from a waste paper basket, which was put at the so..Category: Criminal Law | Date: | Hits: 87
Ganendra Nath Mondal Vs. Kalipada Mondal and another, 2011, 40 CLC (HCD)
....ore the Senior Assistant Judge, Shyam Nagar, Satkhira seeking pre-emption of the case land under section 96 of the State Acquisition and Tenancy Act claiming themselves to be co-sharers to the case holding by inheritance. In the said Miscellaneous Case two petitioners were impleaded as pre-emptees......in 'gher' for piciculture by a third party not by the pre-emptees. It is also disclosed by the witnesses that immediately after purchase of the Case land in the year 1990 the pre-emptees did not take over possession of the case land rather it is about three years later entered into possession of the..Category: Property Law | Date: | Hits: 79
Badiul Alam Vs. Md. Nurul Islam, 2002, 31 CLC (HCD)
....7‑1975 in Miscellaneous Case No.38 of 1970 allowing pre‑emption. 2. The petitioner's predecessor sought pre-emption of the case land alleging, inter alia, that he is a co-sharer in the case holding by way of purchase on the basis of Kabala dated of 5‑4‑1950 Exhibit 1 while the opposite......e appearing for the petitioner, submits that in view of the pre‑emptor's purchase of land in the case holding on the basis of registered Kabala vide Exhibit 1 and payment of rental to the landlord Government Exhibit 2 series clearly indicate that the petitioner has subsisting interest in the case ..Category: Property Law | Date: | Hits: 132
.... on 18‑1‑1999 with Mr. Sirajul Islam now Additional Chief Engineer as convener he was the chairman of the purchase committee Annexure "F”.
10. The 26th meeting was never adjourned. So the holding of the 37th and 38th meetings immediately after the 26th meeting and the recommendation ma......ivision
(Special Original Jurisdiction)
Present:
MA Aziz J
Md. Shamsul Huq J
Al-Amin Construction Co. Ltd..........................................................Petitioner
Vs.
Government of the People's Republic of Bangladesh and others……………Respondents
Judgment
..
Category: Others | Date: | Hits: 207
Rowshan Ara Begum and others Vs. Doctor's Chemical Works Ltd. & others, 1991, 20 CLC (HCD)
.... although there are certain disputed questions of facts, in my view, this case can be decided and disposed of on the basis of the given materials, particularly, relying upon the papers with regard to holding of special annual general meetings dated 1.9.89 and 3.11.89. Since I have found that all the...... 5. Thereafter, respondent No.2 issued a notice, dated 16.10.89 calling an additional general meeting of the Company to be held on 3.11.89 to discuss amongst others the issue. of 1.5 1,000 shares to overcome the financial crisis of the Company, to consider transfer of 5,000 sham of Mr. Abu Sayed on..Category: Company Law | Date: | Hits: 225
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