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A.M. Nurunnabi Vs. Government of Bangladesh, 2011, 40 CLC (AD)
....at date. The Administrative Appellate-Tribunal on consideration of the materials on record observed that the cause of action for filing the petition arose on 23rd December, 1997 when the petitioner's prayer for promotion was rejected but he did not prefer any appeal against non-action of his represe......yers Involved: Abdul Wadud Bhuiyun, Senior Advocate, instructed by Gias Uddin Ahmed, Advocate-on-Record-For the Petitioner. Mahbubey Alam, Attorney General-For the Respondent. Civil Petition for Leave to Appeal No. 1914 of 2009. (From the judgment and order dated 15.7.2009 passed by the ......in interfering with the judgment of the Administrative Tribunal. This petition merits no consideration which is accordingly dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 750. ......in interfering with the judgment of the Administrative Tribunal. This petition merits no consideration which is accordingly dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 750. ..Category: Administrative Law | Date: | Hits: 194
....ed the same. Husband of defendant No.6 in collusion with Sudhir Chandra Dutta, an employee of defendant No.5 constructed structures on plot No.804, and as such, the plaint was amended incorporating prayer for recovery of ‘kha's possession in respect of 'Kha' schedule land. The collusively prep......uayum, Senior Advocate instructed by A.K.M. Shahidul Islam, Advocate-on Record-For Respondent No. 3 (c).
None represented-For Respondent Nos.1-2, 3(a)-3(b) and 3(d)-3(e), 4-13.
Civil Petition for Leave to Appeal No. 538 of 2009.
(From the judgment and order dated the 28th and 29th days o......t and order dated 28-29/10/2008 passed by the High Court Division in Civil Revision No.625 of 1995 is stayed till disposal of the appeal.
Ed.
This Case is also Reported in: VIII ADC (2011) 744.
......t and order dated 28-29/10/2008 passed by the High Court Division in Civil Revision No.625 of 1995 is stayed till disposal of the appeal.
Ed.
This Case is also Reported in: VIII ADC (2011) 744.
..
Category: Property Law | Date: | Hits: 83
Noni Gopal Das and others Vs. Dinesh Chandra Das and others, 2011, 40 CLC (AD)
....n 06.04.1985 and registered on 29.07.1985 was false, concocted and not binding upon him was not maintainable filed application before the High Court Division for amendment of the plaint by adding the prayer for declaration of title and such application having been allowed by the High Court Division ......ucted by Chowdhury Md. Zahangir, Advocate-on-Record-For the Petitioners. Bivash Chandra Biswas, Advocate-on-Record-For Respondent No.1 None represented-For Respondent Nos.2-3. Civil Petition for Leave to Appeal No. 460 of 2009. (From the judgment and order dated the 10th day of August, 2...... order and as such, the same does not call for interference by this Court. Accordingly, the petition for leave to appeal is dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 739. ...... order and as such, the same does not call for interference by this Court. Accordingly, the petition for leave to appeal is dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 739. ..Category: Property Law | Date: | Hits: 62
Md. Hossain Ahmed Vs. Bangladesh House Building Finance Corporation and another, 2011, 40 CLC (AD)
.... on 25.01.2007 for delivery of possession of the mortgaged property in favour of respondent No.2 by evicting the original judgment-debtor i.e. the present petitioner. The executing Court rejected the prayer by its order dated 13.02.2007 on the view that since the execution case was disposed of on fu......on-Record-For the Petitioner. Shaheed Alam, Senior Advocate instructed by Syed Mahbubar Rahman, Advocate-on-Record-For Respondent No.2. None represented-For Respondent No.1. Civil Petition for Leave to Appeal No. 124 of 2010. (From the judgment and order dated the 8th day of November, ......tance in the submissions of Mr. Quamrul Islam Siddique, so in the leave petition. Accordingly, the leave petition is dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 721. ......tance in the submissions of Mr. Quamrul Islam Siddique, so in the leave petition. Accordingly, the leave petition is dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 721. ..Category: Civil Law | Date: | Hits: 108
....calling upon the opposite parties to show cause as to why the impugned order dated 8‑6‑2002 passed by the Senior Assistant Judge, Sirajdikhan, Munshigonj in Title Suit No.12 of 2002 rejecting the prayer of the defendant-petitioners for rejection of the plaint under Order VII rule 11 of the Code ...... show cause as to why the impugned order dated 8‑6‑2002 passed by the Senior Assistant Judge, Sirajdikhan, Munshigonj in Title Suit No.12 of 2002 rejecting the prayer of the defendant-petitioners for rejection of the plaint under Order VII rule 11 of the Code of Civil Procedure should not be set......defendants under Order VII, rule 11 of the Code of Civil Procedure is allowed.
The plaint of title Suit No.12 of 2002 is hereby rejected.
Ed.
This Case is also Reported in: 57 DLR (2005) 34.
......defendants under Order VII, rule 11 of the Code of Civil Procedure is allowed.
The plaint of title Suit No.12 of 2002 is hereby rejected.
Ed.
This Case is also Reported in: 57 DLR (2005) 34.
..
Category: Employment/Service Law | Date: | Hits: 66
....ngla, District Bagerhat, now detained in Bagerhat district jail, be set at liberty forthwith, if not wanted in connection with any other case.
Ed.
This Case is also Reported in: 57 DLR (2005) 32.......anik alias Farukul Islam, son of Montaz alias Montazul Islam of village Shehlabunia, Razzak Sarak, PS Mongla, District Bagerhat now being detained in Bagerhat District Jail, should not be brought before this Hon'ble Court so that it may satisfy itself that he is not being detained without lawful a......ngla, District Bagerhat, now detained in Bagerhat district jail, be set at liberty forthwith, if not wanted in connection with any other case.
Ed.
This Case is also Reported in: 57 DLR (2005) 32.......oard continue the detention for such period as it may think necessary and in sub‑section 2 of section 12 is "shall", that is the government is bound to revoke the order of detention and release the detenue, if the Advisory Board does not "recommend the detention; and section 13 thereof gives the a..
Category: Criminal Law | Date: | Hits: 64
Abdur Rahman Dhali and others Vs. State, 2004, 33 CLC (HCD)
....ned Senior Divisional Special Judge, Barisal prayed for discharging them since charges brought against them punishable under sections 409/467/471/109 are groundless ones; but without considering such prayer charge has been framed against all the accused‑petitioners including the accused Mollah Kam......rt of Divisional Special Judge, Khulna Barisal Station) should not be quashed or such other order or further order or orders passed as to this Court may seem fit and proper. 2. The relevant facts, for the purpose of disposal of this Rule are stated herein below: 3. The accused-petitioners name......rt of Divisional Special Judge, Barisal at once directing to ensure the trial of the accused Mollah Kamruzzaman at the earliest opportunity. Ed. This Case is also Reported in: 57 DLR (2005) 17. ......rt of Divisional Special Judge, Barisal at once directing to ensure the trial of the accused Mollah Kamruzzaman at the earliest opportunity. Ed. This Case is also Reported in: 57 DLR (2005) 17. ..Category: Criminal Law | Date: | Hits: 85
Abdul Mannan Bhuiyan (Md.) Vs. University of Rajshahi and others, 2004, 33 CLC (HCD)
....vocate drew our attention to the relevant provision in the Rajshahi University Calendar Volume 2 which provides for re‑examination of the answer scripts. The learned Advocate submits that since the prayer for re‑examination had been duty recommended by the Chairman of the concerned Department hi......’s) Examination held in 2000 and obtained Second Class First position securing 59.44% marks but he got only 32 marks in one paper, namely, the Administrative Law, as such, he filed an application before the Vice Chancellor of the University on 24-10‑2000 praying for re‑examination of his ans......ding the application of the petitioner a cost should be imposed. In the result, the rule is made absolute with a cost of Taka 5,000 only. Ed. This Case is also Reported in: 57 DLR (2005) 14. ......ding the application of the petitioner a cost should be imposed. In the result, the rule is made absolute with a cost of Taka 5,000 only. Ed. This Case is also Reported in: 57 DLR (2005) 14. ..Category: Others | Date: | Hits: 157
Fazlur Rahman (Md) Vs. Md. Abdul Hamid, Advocate and others, 2002, 31 CLC (HCD)
....s writ petition under Article 102(2)(b)(ii) of the Constitution, From the heading, it appears that the interest of the petitioner is to get relief in the form of writ of quo warranto, However, in the prayer portion the petitioner has made a prayer to the effect that respondent No. 3 should be deemed......s a citizen of Bangladesh and he has filed this writ petition under Article 102(2)(b)(ii) of the Constitution, From the heading, it appears that the interest of the petitioner is to get relief in the form of writ of quo warranto, However, in the prayer portion the petitioner has made a prayer to the...... taken in this writ petition. So, the Rule is liable to be discharged. In the result, the Rule is discharged without any order as to cost. Ed. This Case is also Reported in: 56 DLR (2004) 448....... taken in this writ petition. So, the Rule is liable to be discharged. In the result, the Rule is discharged without any order as to cost. Ed. This Case is also Reported in: 56 DLR (2004) 448...Category: Constitutional Law | Date: | Hits: 242
Abdus Salam (Md) Vs. University of Rajshahi & others, 2004, 33 CLC (HCD)
....e proceeding of the said enquiry committee till the disposal of his appeal before the Chancellor but the respondent No. 4 by his letter dated 2‑10‑2000 (Annexure J‑1) informed him that his such prayer was not accepted by the Vice-Chancellor and also asked him to send the name of his nominee ......service of the University of Rajshahi, should not be declared to have been made without lawful authority and is of no legal effect. 2. It is stated in the petition that while the petitioner was performing his functions as the Chairman of the Department of Library and Information Science in the Un......erty to proceed against the petitioner in accordance with law. In the result, this Rule is made absolute but without any order as to costs. Ed. This Case is also Reported in: 56 DLR (2004) 441. ......erty to proceed against the petitioner in accordance with law. In the result, this Rule is made absolute but without any order as to costs. Ed. This Case is also Reported in: 56 DLR (2004) 441. ..Category: Employment/Service Law | Date: | Hits: 60
Padma Oil Co. Ltd. Vs. Registrar of Trade Unions & another, 2003, 32 CLC (HCD)
....ation of CBA in favour of respondent No.2 vide Annexure-A by respondent No.1 is unlawful and is of no legal effect. The Registrar of Trade Unions i.e. respondent No. 1, shall take steps regarding the prayer of the petitioner for cancellation of registration of respondent No.2 Trade Union (respondent......Annexure - A to this petition) should not be declared to have been made without any lawful authority and is of no legal effect and why the respondent No. 1 should not be directed to take proper steps for cancellation of the registration of the respondent No. 2 Union under section 10(1) and (2) of th......he prayer of the petitioner for cancellation of registration of respondent No.2 Trade Union (respondent No. B‑48) in accordance with law. Ed. This Case is also Reported in: 56 DLR (2004) 438. ......he prayer of the petitioner for cancellation of registration of respondent No.2 Trade Union (respondent No. B‑48) in accordance with law. Ed. This Case is also Reported in: 56 DLR (2004) 438. ..Category: Labour and Industrial Law | Date: | Hits: 158
Air Marshal Jamaluddin Ahmed (Retd) Vs. Government of Bangladesh and others, 2004, 33 CLC (HCD)
....e pension and other retirement benefits of the petitioner. 53. D. Whether the petition is premature: The last contention raised half‑heartedly by the Assistant Attorney-General that since the prayer for pension is still pending before the concerned authorities, this writ petition is prematur......f Defence, Government of the People's Republic of Bangladesh and other respondents, to show cause as to why they should not be directed to pay the pension benefits of the petitioner with compensation for the delay. 2. The Case of the Petitioner: It is stated in the petition that the petitioner jo......om the date of receipt of the copy of this judgment and order. In the result, the Rule is made absolute but without any order as to costs. Ed. This Case is also Reported in: 57 DLR (2005) 1. ......om the date of receipt of the copy of this judgment and order. In the result, the Rule is made absolute but without any order as to costs. Ed. This Case is also Reported in: 57 DLR (2005) 1. ..Category: Employment/Service Law | Date: | Hits: 148
Ambala Cold Storage (Pvt.) Ltd. Vs. Prime Insurance Co. Ltd., 2001, 30 CLC (HCD)
....e the respondent company is unable to pay its debt the company is liable to be wound up under the aforesaid provision of law. 3. The respondent has filed an affidavit-in-opposition to resist the prayer of the petitioner for winding up the company and denying the material allegations, the respon......41 and 242 of the Companies Act, 1994 has been made by the petitioner Ambala Cold Storage (Pvt.) Ltd. Initially, notice was issued upon the respondent company to show cause as to why this application for winding up of the respondent company should not be admitted for hearing. 2. The case of the p......ed without any order as to costs. The petitioner may, however, make their claim before the competent civil Court in terms of the policy. Ed. This Case is also Reported in: 56 DLR (2004) 422. ......ed without any order as to costs. The petitioner may, however, make their claim before the competent civil Court in terms of the policy. Ed. This Case is also Reported in: 56 DLR (2004) 422. ..Category: Company Law | Date: | Hits: 168
Commander (Rtd) A A Chowdhury Vs. AKM Imam Hossain and others, 1996, 25 CLC (HCD)
.... impugned judgment and decree. 7. Mr. SR Paul, the learned senior Counsel with Mr. HR Sharif, the learned Advocate appearing on behalf of the defendant No.2 petitioner, submitted that there was no prayer in the plaint for recovery of arrear rent and, as such, the learned Courts below have committ......rt, Dhaka in title Appeal No.315 of 1993 affirming the judgment and decree dated 21-8-1993 respectively passed by Assistant Judge, 5th Addl. Court Dhaka in Title Suit No.90 of 1992 decreeing the suit for eviction of the petitioner from the suit property. 2. The facts giving rise to this Rule are,...... reference by this Court. In the result, the Rule is discharged with costs. The stay granted earlier by this Court is hereby vacated. Ed. This Case is also Reported in: 49 DLR (HD) (1997) 23 ...... reference by this Court. In the result, the Rule is discharged with costs. The stay granted earlier by this Court is hereby vacated. Ed. This Case is also Reported in: 49 DLR (HD) (1997) 23 ..Category: Property Law | Date: | Hits: 65
Abu Bakkar Siddique Vs. Justice Shahabuddin Ahmed and others, 1996, 25 CLC (HCD)
....as to, whether the retired Chief Justice Shahabuddin Ahmed is constitutionally disqualified under Article 99(1) of the Constitution to become the President of Bangladesh. From the cause title and the prayer portion of this writ application it prima‑facie appears to be a writ of quo warranto under ...... 2. In this writ petition Mr. Abu Bakkar Siddique, an Advocate of the Supreme Court of Bangladesh and President of Bangladesh Muslim Millat Party, is the petitioner. Mr. Justice Shahabuddin Ahmed, former Chief Justice of Bangladesh, who has been declared elected as President of Bangladesh, is Res...... of the Constitution for preferring an appeal before the Appellate Division against our judgment. There will be no order as to costs. Ed. This Case is also Reported in: 49 DLR (HD) (1997) 1. ...... of the Constitution for preferring an appeal before the Appellate Division against our judgment. There will be no order as to costs. Ed. This Case is also Reported in: 49 DLR (HD) (1997) 1. ..Category: Constitutional Law | Date: | Hits: 200
Government of Bangladesh and another Vs. Monwarul Alam and others, 2011, 40 CLC (AD)
....to hand over possession of the suit land treating the same as vested and non-resident property. The plaintiffs appeared before the defendants on 07.10.1984 and filed an application for time but the prayer was rejected. Defendant No.1 was trying to take possession of the suit land by enlisting th......-Record-For the Petitioners. Quamrul Haque Siddiqui, Advocate instructed by Md. Nawab Ali, Advocate-on-Record -For Respondent No. 1. Not represented-For Respondent Nos. 2-4. Civil Petition for Leave to Appeal No.1711 of 2010 (From the judgment and order dated the 2nd day of March, 2010......rder dated the 2nd March, 2010 passed by the High Court Division in Civil Revision No.1737 of 1996 is stayed till disposal of the appeal. Ed. This Case is also Reported in: VIII ADC (2011) 679. ......rder dated the 2nd March, 2010 passed by the High Court Division in Civil Revision No.1737 of 1996 is stayed till disposal of the appeal. Ed. This Case is also Reported in: VIII ADC (2011) 679. ..Category: Property Law | Date: | Hits: 54
A. Rahman Lasker and other Vs. Abul Kalam and other, 2011, 40 CLC (HCD)
....ssing the same and the said plot was recorded in the name of Government, the plaintiffs for avoiding future litigation prayed for taking settlement from the government Sheresta and according to their prayer “Charcha Map” was prepared in respect of 10.00 acres of land of plot No. 1020 and settled...... Judge, Sadar Court, Faridpur in Title Suit No.30 of 1995 should not be set aside and or such other or further order or orders passed as to this Court may seem fit and proper. 2. Facts of the case for disposal of the rule is that the petitioner as plaintiff filed title suit no. 30 of 1995 in the ...... granted at the time of issuance of Rule is hereby vacated. Send down a copy of this order to the Court below at-once for information and necessary action. Ed. This Case is also Reported in: ...... granted at the time of issuance of Rule is hereby vacated. Send down a copy of this order to the Court below at-once for information and necessary action. Ed. This Case is also Reported in: ..Category: Administrative Law | Date: | Hits: 199
Shatadal Mondal Vs. State, 2011, 40 CLC (HCD)
....by the Additional Sessions Judge, Munshigonj in Special Tribunal Case No.56 of 2010 arising out of Sirajdikhan P.S. Case No.16 of 2010 dated 25.4.2010 under section 19A of the Arms Act, rejecting the prayer for bail of the appellant. 2. The petitioner was brought to the trial under section 19A of......Additional Sessions Judge, Munshigonj in Special Tribunal Case No.56 of 2010 arising out of Sirajdikhan P.S. Case No.16 of 2010 dated 25.4.2010 under section 19A of the Arms Act, rejecting the prayer for bail of the appellant. 2. The petitioner was brought to the trial under section 19A of the Ar......erty to cancel the bail, if the accused appellant misuses in any way the privilege of bail. Communicate the order. Md. Ashraful Kamal J. - I agree. Ed. This Case is also Reported in: ......erty to cancel the bail, if the accused appellant misuses in any way the privilege of bail. Communicate the order. Md. Ashraful Kamal J. - I agree. Ed. This Case is also Reported in: ..Category: Criminal Law | Date: | Hits: 69
Rupali Jute Baling Ltd. Vs. Agrani Bank, 1991, 20 CLC (HCD)
.... for representing their case, the review petition is filed without going for an appeal and it prayed for rehearing of the, matter. From a reading of the grounds of the review it thus appears that the prayer of the petitioner defendant was to set aside the judgment and decree after ordering rehearing......ar Sohail, Advocates‑ For the Opposite Party. Civil Rule No. 4(f) of 1990. Judgment Anwarul Haque Chowdhury J.- This Rule arises out of an application under section 5 of the Limitation Act for condonation of delay in filing the appeal being FAT No.567 of 1989. 2. Facts leading to this ......result, this rule in discharged without any order as to cost. The appeal being FAT No.567/1989 is dismissed being barred by limitation. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 232.......result, this rule in discharged without any order as to cost. The appeal being FAT No.567/1989 is dismissed being barred by limitation. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 232...Category: Procedural Law | Date: | Hits: 111
Mir Amanullah Vs. Mohammad Sharif and others, 1991, 20 CLC (HCD)
.... of said late Mir Abdul Jalil; late Mir Abdul Jalil transferred the land to opposite party Nos.1 and 2 (two sons of his daughter Kohinoor) by a registered Hiba-bil-Ewaz date 13.2.81 in exchange for a prayer‑mat; no notice was, however, served on the pre‑emptors who came to learn about the transf......by District Judge, Munshiganj in Miscellaneous Appeal No.6 of 1985 affirming those dated 18.8.84 passed by Munsif, 5th Court, Munshiganj in Miscellaneous Case No.28 of 1981 dismissing the application for pre‑emption should not be set aside. 2. The petitioner and opposite party Nos.25 to 29 file......ptible and the application for pre‑emption is allowable. In the result, the Rule is made absolute without any order as to costs. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 228. ......ptible and the application for pre‑emption is allowable. In the result, the Rule is made absolute without any order as to costs. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 228. ..Category: Property Law | Date: | Hits: 75
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