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Tohfa Khatun and others Vs. Moulavi Mukhilisur Rahman and others, 1997, 26 CLC (HCD)

....or of law resulting in an error in the decision occasioning failure of justice in rejecting the application for amendment of the written statement. The learned Advocate further submits that since the registered patta. and kabuliat dated 4‑2‑1936 were executed by Janoki and Nishikanta and also by......d circumstances of the case there will be no order as to costs. The order of stay granted earlier by this Court is hereby vacated. Ed. This Case is also Reported in: 49 DLR (HCD) (1997) 315. ......d circumstances of the case there will be no order as to costs. The order of stay granted earlier by this Court is hereby vacated. Ed. This Case is also Reported in: 49 DLR (HCD) (1997) 315. ..

Category: Procedural Law | Date: | Hits: 118

Ferdousy Begum (Doli) Vs. Mahela Khatoon and others, 1996, 25 CLC (HCD)

....etitioner on July 11, 1991 and received Taka 1,50,000.00 as advance money out of the consideration money of Taka 8,00,000.00 and the petitioner was given possession thereof. The Government ultimately registered the property in favour of opposite party 1 and she received the balance consideration mon......or the aforesaid reasons we do not find any substance in this petition. The result is; we reject the petition in limine. No costs. Ed. This case is also Reported in: 49 DLR (HCD) (1997) 313. ......or the aforesaid reasons we do not find any substance in this petition. The result is; we reject the petition in limine. No costs. Ed. This case is also Reported in: 49 DLR (HCD) (1997) 313. ..

Category: Civil Law | Date: | Hits: 121

Dilruba Aktar Vs. AHM Mohsin, 2003, 32 CLC (HCD)

....of complaint and unfurled during trial was that marriage between complainant-appellant and accused-respondent was solemnised on 29‑8‑1987 in accordance with Muslim Shariat Law. The marriage was a registered one. Complainant­ appellant and accused-respondent lived together as wife and husband fo......on as may be after pronouncement of talaq in any form whatsoever, give Chairman notice in writing of his having done so, and shall supply a copy thereof to wife. 39. Sub‑section (2) of section 7 postulates that whoever contravenes provisions of sub‑section (1) shall be punishable with simple ......Muhammad Sharif and State 21 DLR (SC) 206, Lekha Yadav Vs. State of Bihar, (1973) 2 SCC 424, Syed Mushtaq Ahmad Vs. Siddiqullah and others, PLD 1975 SC 160 and Kashem Ali Vs. State and others 40 DLR (AD) 294, State represented by the Solicitor to the Government of The People's Republic of Bangladesh..

Category: Family Law | Date: | Hits: 165

State Vs. Md. Mobarak Ahmed Chowdhury, 2007, 36 CLC (AD)

....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. ...... Hospital for treatment and from there his first son deceased Md. Bashir Ahmed Chowdhury was taken to Dhaka Medical College Hospital where he succumbed to his injuries at 9.30 a.m. on 05.03.1990. The post-mortem examination of the dead body of his 1st son deceased Md. Bashir Ahmed Chowdhury was carr...... we find no substance 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)

....din. The land covering an area of 0.38 acre of Plot No.3 and 0.44 acre of Plot No.5 originally belonged to said Naimuddin, Tamizudding and Rahimuddin. They purchased the said land on the basis of the registered kabala deed dated 21.03.1950. Rahimuddin purchased the said land in the benami of his son......he above, we find no substance in the submission of the learned Counsel for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 20 BLT (AD) (2012) 272. ...... In view of the above, we find no substance in the submission of the learned Counsel for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 20 BLT (AD) (2012) 272. ..

Category: Property Law | Date: | Hits: 88

M. M. Mahboob and others Vs. Sk. Abdur Rashid and others, 2004, 33 CLC (AD)

....ected themselves in making the Rule absolute. In the result, we find substance in the appeal and accordingly, the appeals are allowed. Ed. This Case is also Reported in: 20 BLT (AD) (2012) 266. ......ion challenging memo No. বাসককস/শাখা-১ জ্যেষ্ঠ-৬/৯৯/৪৭ dated 4.1.2000 (Annexure-A to the writ petition). Writ petitioners were appointed to the post of Assistant Commissioner in BCS Administrative Cadre on the recommendation of the PSC and they......they have misdirected themselves in making the Rule absolute. In the result, we find substance in the appeal and accordingly, the appeals are allowed. Ed. This Case is also Reported in: 20 BLT (AD) (2012) 266. ..

Category: Employment/Service Law | Date: | Hits: 149

Board of Intermediate and Secondary Education, Comilla and others Vs. Md. Shafiqul Islam, 2007, 36 CLC (AD)

....y of the petitioner No.1 in the year 1990 for a period of two years and on the expiry of the said term he was re-elected as its President in the year 1993; the Above Karmachari Samity, being the only registered Trade Union as well as the Collective Bargaining Agent of the workers of the petitioner N......overnment Servants (Discipline and Appeal) Rules, 1985. 5. The learned counsel for the petitioner No.1 submitted that the second show cause notice issued under Memo No.246 dated 26.5.1996 was posted on 26.5.1996 in the morning and reached the respondent on 27.5.1996 at the ear...... sustained in law………………………………………..(6) Case Referred to- Chairman, Bangladesh Council of Scientific and Industrial Research and another vs. Abdul Khaleque, 43 DLR (AD) 209. Lawyers Involved: Golam Mohiuddin, Advocate, instructed by Mrs. Sufia Khaton, Advocat..

Category: Labour and Industrial Law | Date: | Hits: 832

Chief Engineer Roads & Highways Department Vs. Concord Engineers & Construction Ltd., 1996, 25 CLC (HCD)

....rd contemplated under the Arbitration Act. In the meantime the arbitrator filed an award under section 14 of the Arbitration Act on the basis of which Arbitration Miscellaneous Case No.71 of 1991 was registered in the 1st Court of learned Subordinate as Judge, Dhaka. On 16‑10‑91 the plaintiff re......bordinate Judge. In this view of the matter, the appeal fails. In the result, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 243.......bordinate Judge. In this view of the matter, the appeal fails. In the result, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 243...

Category: Alternative Dispute Resolution | Date: | Hits: 263

Sarada Bala Sen Vs. Sheikh (Md.) & others,1995, 24 CLC (HCD)

....s not at all a tenant under the plaintiff and that he was not a defaulter and defendant No.2 alleged that he wits not it all a sub‑tenant in the suit premises as he purchased the suit premises by a registered deed and has been in possession of the same as a legal owner; hence the suit for eviction......the above decision, the connected application is however rejected. Communicate this order to the Court below at interest of justice. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 239.......; Hemanta Kumar Vs. Ayodhya Prasad, AIR 1957 Madhya Bharat 95; Ratan Chand Gai Gopal and others Vs. Mian Saifuddin and others, AIR 1961 (JK) 29; Belayat Hossain Vs. Nurul Alam Mir and others, 42 DLR (AD) 20; Chand Mohamood Mondal Vs. Fayezuddin Ahmed and others, 10 DLR 193; Monohar Lal Chopra Vs. Ra..

Category: Civil Law | Date: | Hits: 130

Janata Bank Vs. Saiful Islam, 2006, 35 CLC (HCD)

....ndant respondent took loan of Taka 25,00,000/- after executing different charge documents including promissory notes and letter of continuity on 18.07.1997; that the defendant respondent executed and registered a mortgage deed on 19.06.1993 in connection with the previous loan and also furnished add......defendant-respondent within three months with a direction to amend the plaint as prayed for. Office is directed to do the needful. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 18. ......defendant-respondent within three months with a direction to amend the plaint as prayed for. Office is directed to do the needful. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 18. ..

Category: Civil Law | Date: | Hits: 117

Md. Aminul Haque Helal Vs. Mr. Justice Sultan Hossain Khan and others, 2006, 35 CLC (HCD)

....ove the petitioners case. In view of our discussions and findings made above, this rule is discharged without any order as to costs. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 1. ...... 21.11.2004 (Annexure-B to the writ petition) and that appointment has been challenged in this writ petition on the ground that the office of the chairman and commissioners are neither constitutional posts nor posts of oath but created as per provisions of the Durnity Daman Ain to perform function o......ove the petitioners case. In view of our discussions and findings made above, this rule is discharged without any order as to costs. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 1. ..

Category: Constitutional Law | Date: | Hits: 228

Md. Abdul Khaleque Vs. Uttara Bank Limited and others, 2011, 40 CLC (AD)

....e Leave Petition affirming the judgment and order of the High Court Division. 4. The petitioner then filed a suit for damage with a prayer for conducting the suit as pauper and the application was registered as Miscellaneous Case No.7 of 2005 by the Joint District Judge, 5th Court, Dhaka. After h......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.......…......Petitioner Vs. Uttara Bank Limited and others..............Respondents Judgment October 20, 2011. Result: The leave petition is dismissed. Cases Referred to- 7 BLC (AD) 1, 7 BLC (AD) 1. Lawyers Involved: Md. Abdur Razzaque Miah, Advocate, Instructed by Syed M..

Category: Civil Law | Date: | Hits: 118

Dhaka Leather Com­plex Ltd. BCIC Vs. Sikder Construction Ltd. and another, 2003, 32 CLC (HCD)

....espondent on 4-8-1999 made an application under section 14(2) of the Arbitration Act, 1940 for an order directing the umpire to file the award in court. Upon aforesaid application, the above suit was registered and notice was issued upon the parties and also the umpire. Pursuant to the notice, on 19......order as to cost. Order of stay granted in the Rule on 10-­9‑2002 is hereby recalled and vacated. Send down the records at once. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 578.......eal is limited to either of being excessive of or not agreeing with the award. Mr. Samad could not show us that the decree passed suffers from any of such grounds of Abdus Salam and another 1984 BCR (AD) 346. 18. In the above view of the matter, the learned Joint District Judge did not commit any..

Category: Alternative Dispute Resolution | Date: | Hits: 190

Bangladesh Parjatan Corporation Vs. Md. Ali Hossain and another, 2012, 41 CLC (AD)

....itten as writ petition No.3445 of 2006) have only been taken note of and the submissions made in connection with that case. However, on the basis of the leave granting order two separate appeals were registered against the respective leave petition and both parties have filed separate concise statem......it petition, in short, was that he joined in the service of the Corporation on 19.02.1977 as plumber on daily basis and his service was regularized on 15.07.1977. Subsequently, he was promoted to the post of Electrical Foreman of the Corporation and he had been discharging his duties diligently sinc......nt (In Civil Appeal No.243 of 2009) Judgment July 10, 2012. Result: The appeals are dismissed. Cases Referred to- Bangladesh Parjatan Corporation Vs. Shahid Hossain Bhuiyan, 43 DLR (AD) 154; Workers of Bata Shoe Co. represented by Bata Mazdoor League (Regd), Lah Vs. Bata Shoe Co. L..

Category: Employment/Service Law | Date: | Hits: 156

Bangladesh Livestock Research Institute Vs. Dr. Md. Jahangir Alam Khan and another, 2012, 41 CLC (AD)

....from the date of order of suspension. In view of the above, we find no merit in this petition. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 20 BLT (AD) (2012) 239. ......Court Division challenging the order of his suspension dated 7th December, 2009 on the ground that it was issued arbitrarily with ulterior motive, while he was awaiting an order of appointment to the post of Managing Director of the Bangladesh Livestock Research Institute he was suddenly placed unde......within 5 months from the date of order of suspension. In view of the above, we find no merit in this petition. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 20 BLT (AD) (2012) 239. ..

Category: Employment/Service Law | Date: | Hits: 251

Janata Bank Ltd. Vs. Gulneara Begum and others, 2009, 38 CLC (AD)

....bservations made by the High Court Division quoted herein above. It appears that the instant Execution Case arises out the judgment and decree passed on 23.04.1991 and that the 1st execution case was registered as Execution Case No.37 of 1993 and thereafter two others Execution Cases being Execution......Procedure is of no help. The leave petition do not merit consideration being barred by limitation. The petition is accordingly dismissed. This Case is also Reported in: 20 BLT (AD) (2012) 170. ......48 of Code Civil Procedure is of no help. The leave petition do not merit consideration being barred by limitation. The petition is accordingly dismissed. This Case is also Reported in: 20 BLT (AD) (2012) 170. ..

Category: Limitation Law | Date: | Hits: 140

Sharon Laily Begum Jalil Vs. Abdul Jalil and others, 1995, 24 CLC (HCD)

.... been a member of the Dagon Bhuiyan Union Parishad and her mother being resident in Middlesborough, England. She was married on negotiation with respondent No.1 in England on 12‑7‑84 and was duly registered at the Registrar's Office in Rawtenstall Hyndburn and Rossendale, County of Lancashire, E......lean Akhter Jalil and Mohammad Shah Alam Jalil fortnightly and offer gifts, if any, at a time and place convenient to both the parties. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 460.......lean Akhter Jalil and Mohammad Shah Alam Jalil fortnightly and offer gifts, if any, at a time and place convenient to both the parties. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 460...

Category: Family Law | Date: | Hits: 166

Md. Nafaruddin Mollah Vs. Md. Serajuddin Khan & Others, 2007, 36 CLC (AD)

....ue), Rajshahi, permanently on receipt of premium in Naogaon Settlement Case No.2325 of 1968-69. The possession of the suit land was duly handed over to the petitioner and a Kabuliyat was executed and registered on 28.11.1977. Although in the comment column of C.S. and S.A. Khatian of the suit proper......ce with the impugned judgment. In the result, the application has no merit and accordingly dismissed without any order as to costs. Ed. This Case is also Reported in: 20 BLT (AD) (2012) 164. ......he name of plaintiff's predecessors. In that view of the matter the Courts of appeal below proceeded and dismissed the appeal which was not maintainable in law. 7. It appears from the record, that ADC (Revenue), Rajshahi granted permanent lease in the year 1968-69 on proper legal verification rea..

Category: Property Law | Date: | Hits: 116

Nitai Ch. Shaha and another Vs. M/s. City Ice and Cold Storage Ltd. and others, 1982, 11 CLC (HCD)

....n their written statement that they had actually contracted to sell the suit land to six different persons and by receiving earnest money from them executed Baina Patra on 10.1.79 and also executed a registered deed of sale in their favour on 29.6.79. 4. It was after the said written statement th......d Subordinate Judge are set aside and the plaintiff opposite party's petitions for amendment are rejected. Ranadhir Sen J.- I agree. Ed. This Case is also Reported in: 35 DLR (HCD) (1983) 61.......age 180; Nisingh Prosad Paul Vs. Steel Products Ltd. reported in A.I.R. 1953 (Calcutta) page 15; Managing Committee M.C. Mondal High School and others Vs. Obaidur Rahman Chaudhury and others, 31 DLR (AD) 1979 at page 133; Abdur Rahman and others Vs. Bangladesh, 30 DLR (SC) (1978) at page 93. Lawy..

Category: Civil Law | Date: | Hits: 132

Ataur Rahman Vs. Election Commission & Others, 2010, 39 CLC (AD)

....ies arrived at a correct decision which does not require any interference by this Court. Accordingly, the leave petition is dismissed. Ed. This Case is also Reported in: 20 BLT (AD) (2012) 99.......e Rule. 2. The present petitioner as writ petitioner filed an application under Article 102 of the Constitution of the People's Republic of Bangladesh contending, inter alia, that election for the post of Chairman, Vice-Chairman and Woman Vice-Chairman of Jagannathpur Upazilla Parishad was held o...... both the parties arrived at a correct decision which does not require any interference by this Court. Accordingly, the leave petition is dismissed. Ed. This Case is also Reported in: 20 BLT (AD) (2012) 99...

Category: Election Law | Date: | Hits: 296