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Mobarak Ali Vs. BD House Building Fin. Corpn. & anr. 2003, 32 CLC (AD).

....on of principle natural justice has no merit.  In view of the discussion made hereinbefore find no substance in this petition. Accordingly, the petition is dismissed.  Ed. ......w cause notice. Finally on 19 June, 1988 he was compulsorily retired from service. As against the order of compulsory retirement he preferred appeal but the same was rejected. Thereafter he filed the case before the Administrative Tribunal and the Tribunal set aside the order of compulsory retiremen......on of principle natural justice has no merit.  In view of the discussion made hereinbefore find no substance in this petition. Accordingly, the petition is dismissed.  Ed. ..

Category: Administrative Law | Date: 24 Jul, 2001 | Hits: 111

Reazuddin (Md.) and another Vs. Government of Bangladesh and others, 2001, 30 CLC (HCD)

....ration must be published. Ed. This Case is also Reported in: 57 DLR (2005) 698.                   ...... Fazil Madrasha. 26. In Writ Petition No.5425 of 2000 there are 5 petitioners Asia Akhter and 4 others they were the students of Purba Andua Balika Dakhil Madrasha. 27. The petitioners' case is that they were the regular students of different Madrashas as given hereinabove and got thei......ration must be published. Ed. This Case is also Reported in: 57 DLR (2005) 698.                   ..

Category: Constitutional Law | Date: 19 Jul, 2001 | Hits: 2

Sahera Khatun and others Vs. Abdul Gaffar @ Abdul Gaffar and others, 2003, 32 CLC (AD).

....sp; The appeal is accordingly, dismissed without costs.   Ed.   Same Case Cited in:  55 DLR (AD) (2003) 79.  ......nas share in the suit land and is lawfully entitled to restoration of possession to the extent of 2 (two) annas share as decreed by the lower appellate Court. The appellant instituted title execution case No. 5 of 1988 for execution of the decree claiming recovery of possession of 0.28 acres of land......tion as to whether the High Court Division has fallen into an error of law in holding that the appellants who are co‑sharers in the suit property were not entitled to possession of the decretal land, although they were found dispossessed from the entire property during the pendency of the suit..

Category: Procedural Law | Date: 8 Jul, 2001 | Hits: 91

BD Water Dev. Board & ors Vs. Chairman, Divisional Labour Court, Khulna & ors, 2003, 32 CLC (AD)

....sation of the benefits consequent upon retirement of the deceased worker, the predecessor of the respondent Nos. 2(a) to 2(e).  The petition is accordingly, dismissed. Ed. ......9 of the Divisional Labour Court, Khulna in Complaint Case No .82 of 1994.  2. One Md. Momtaz Ali since deceased, predecessor in interest of respondent Nos. 2(a) to 2(e) filed complaint case No. 92 of 1994 on 2‑7­-1993 under section 25(1) (b) of the Employment of Labour (St......sation of the benefits consequent upon retirement of the deceased worker, the predecessor of the respondent Nos. 2(a) to 2(e).  The petition is accordingly, dismissed. Ed. ..

Category: Employment/Service Law | Date: 4 Jul, 2001 | Hits: 78

MA Mazid Vs. Md. Abdul Motaleb, 2001, 30 CLC (HCD)

....wali) now pending in the Court of Magistrate, 1st Class, Dinajpur is hereby quashed. Send a copy of the judgment to the Court concerned. Ed. This Case is also Reported in: 56 DLR (2004) 636. ...... quashing the proceeding of Case No. 207C of 1997 (Kotwali) under section 138 of Negotiable Instruments Act now pending, in the Court No. 2 of Magistrate First Class, Dinajpur. 2. The above stated case arose on a petition of complaint filed by the complainant-opposite party. The case of the compl......aint filed by the complainant-opposite party. The case of the complainant, in short, was that he was the constituted attorney of one Abdul Motaleb. The accused petitioner made a contract to sell some land to Abdul Motaleb at a consideration of Taka 3,50,000 and Abdul Motaleb paid that consideration ..

Category: Banking Law | Date: 3 Jul, 2001 | Hits: 267

Sirajul Hoque and other Vs. BIWTA rep. by its Chairman and others, 2002, 31 CLC (AD)

....ed timetable to be illegal and without any lawful authority. The appeals are dismissed without any order as to costs. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 30. ......ble issued to MV Miraj on 29-6-2000 also shows that the time table was issued after traffic survey was carried out by Authority concerned as per direction of the High Court Division. It is not the case of the appellants that the route permit issued in favour of MV Miraj was not issued according ......l Amin J Md. Fazlul Karim J Sirajul Hoque and other……………………………Appellants Vs. Bangladesh Inland Water Transport Authority represented by its Chairman and others………&helli..

Category: Admiralty Law or Maritime Law | Date: 3 Jul, 2001 | Hits: 173

Privatisation Board Vs. AK Fazlul Huq & ors., 2003, 32 CLC (AD).

....ment is otherwise legally sustainable, hence on modification of that part of judgment and order of the High Court Division by way of deleting the same the petition is dismissed.  Ed. ...... addressed to the Chairman of the Disinvestment Board stating that he had been making arrangement to pay the balance in cash and he needed a letter confirming that 15% rebate would be allowed in that case but the Board gave no reply, that Agrani Bank had filed a suit for recovery of Taka 23 crore ag......ment is otherwise legally sustainable, hence on modification of that part of judgment and order of the High Court Division by way of deleting the same the petition is dismissed.  Ed. ..

Category: Business or Commercial Law | Date: 24 Jun, 2001 | Hits: 135

Mohashin Ali Pramanik Vs. State, 2001, 30 CLC (HCD)

....to accused petitioner is restored. The accused petitioner be released on bail on the same bail bond furnished by him on 3‑5‑2000. Ed. This Case is also Reported in: 55 DLR (2003) 259. ...... Vs. State…………………..…….Opposite Party Judgment June 3, 2001. Result: Converted Criminal Revision Petition (case) is allowed. Rule issued on 5‑11‑2000 is made absolute. The order dated 21-6-2000 recorded ......to accused petitioner is restored. The accused petitioner be released on bail on the same bail bond furnished by him on 3‑5‑2000. Ed. This Case is also Reported in: 55 DLR (2003) 259. ..

Category: Criminal Law | Date: 3 Jun, 2001 | Hits: 46

Abdur Noor and others Vs. Mahmood Ali and others, 2002, 31 CLC (AD)

.... interference. There is, therefore, no merit in this petition and the same is accordingly dismissed. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 67. ......the suit for ejectment of the defendants. 2. The short fact leading to this petition is that, the plaintiffs instituted the aforesaid SCC suit for eviction of the defendants and their case is that defendants predecessor late Abdul Latif was an ejectable monthly tenant of the suit sho...... required the suit premises for his unemployed son and the defendants failed to prove the payment of rent for the month of Poush 1391 BS and that on the death of Abdul Latif the relationship between, landlord and the tenant terminated. 5. The defendants then moved the High Court Divi..

Category: Tenancy Law | Date: 3 Jun, 2001 | Hits: 75

Gazi M Towfic Vs. Agrani Bank and others, 2001, 30 CLC (AD)

....cree. The High Court Division therefore rightly rejected the application summarily. The leave petition is dismissed. Ed.   This Case is also Reported in: 54 DLR (AD) (2002) 6.  ......cree. The High Court Division therefore rightly rejected the application summarily. The leave petition is dismissed. Ed.   This Case is also Reported in: 54 DLR (AD) (2002) 6.  ......cree. The High Court Division therefore rightly rejected the application summarily. The leave petition is dismissed. Ed.   This Case is also Reported in: 54 DLR (AD) (2002) 6.  ..

Category: Business or Commercial Law | Date: 29 May, 2001 | Hits: 145

Government of Bangladesh Vs. Mirpur Semipucca (Tin-shed) Kalayan Samity & others, 2001, 30 CLC (HCD)

....mmunicated to Mr. Md. Nurul Islam then Subordinate Judge, Dhaka by name at his present assignment for his perusal and future guidance. Ed This Case is also Reported in: 54 DLR (2002) 364. ......of the construction only from the plaintiff’s i.e. Taka 24,535.77 (Taka twenty-four thousand five hundred thirty-five seventy-seven paisa) for each semi pucca tin shed house.” 3. The case of the plaintiffs, in short, is that plaintiff No. 1 is Registered Society having registration ......2-90 informed defendant No. 1 to determine the valuation of the houses. The Executive Engineer accordingly assessed the construction cost of each house at Taka 24,537.77 and the price of per bigha of land at Taka 5.50 lac. The Executive Engineer again estimated the construction cost for each unit at..

Category: Evidence Law | Date: 21 May, 2001 | Hits: 183

Hossain (Md) and others Vs. Dildar Begum and others, 2003, 32 CLC (AD).

....aside abatement.   The will be no order as to costs.   Ed.   This Case is also Reported in:  55 DLR (AD) (2003) 60. ......09;1999 passed by the High Court Division in Civil Revision No. 176 of 1990 rejecting the appellants' application for substitution of the heirs of deceased respondents on the ground that the revision case stood abated against deceased opposite parties and that no separate application was filed for s....... Respondent Nos. 1 to 27 as plaintiffs instituted Partition Suit No. 275 of 1983 before the learned Assistant Judge, Cox's Bazar praying for declaration of title and partition in respect of the suit land comprising an area of 2 acres impleading the predecessor of the present appellants and other de..

Category: Procedural Law | Date: 19 Feb, 2001 | Hits: 106

Bangladesh Road Transport Corporation and another Vs. Md. Shahidulla, 2002, 31 CLC (AD)

....is distinguishable from the facts of the present case. The fact of the present case has no manner of application with reported decision.   The petition is dismissed.   Ed. ......lations 1990 and that also having failed his service was terminated. As a matter of fact from the materials on record, the learned Judges of the High Court Division correctly held that in the present case it was punishment/dismissal in the garb of termination and consequently set aside the order of ......is distinguishable from the facts of the present case. The fact of the present case has no manner of application with reported decision.   The petition is dismissed.   Ed. ..

Category: Employment/Service Law | Date: 5 Dec, 2000 | Hits: 84

Abu Zafar Tipu Vs. Syed Abu Siddique, 2000, 29 CLC (HCD)

....C.R. Case No.3643/98 (T.R.No.97/99) now pending in the Court of Chief Metropolitan Magistrate, Dhaka is hereby quashed. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 93. ......te party. Criminal Miscellaneous Case No.5909 of 1999. Judgment Md. Hamidul Hague J.- By this Rule the opposite party was called upon to show cause as to why the proceedings in C.R. case No.3643 of 1998 (T.R. No.92/88) now pending in the Court of Metropolitan Magistrate, Dhaka sho......C.R. Case No.3643/98 (T.R.No.97/99) now pending in the Court of Chief Metropolitan Magistrate, Dhaka is hereby quashed. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 93. ..

Category: Procedural Law | Date: 16 Nov, 2000 | Hits: 3

Abdur Rouf Chowdhury Vs. Abdul Hashem (Hashu) and another, 2000, 29 CLC (HCD)

....t and order and accordingly no interference is called for. In the result, the Rule is discharged without order as to cost. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 458. ......ken in the revisional application it appears that the petitioner challenged the impugned judgment and order on the ground that in terms of Order 39 rule 7 CPC local inspection is contemplated only in cases where the suit property is in extreme danger of being wasted or damaged and so the impugned or......t aside. 2. Brief facts are that, the petitioner instituted the aforesaid suit praying for a decree of permanent injunction restraining the defendant opposite parties from entering into the suit land and disturbing the peaceful possession of the plaintiff therein stating, inter alia, that the s..

Category: Property Law | Date: 17 Oct, 2000 | Hits: 136

Azibor Mollick Vs. State, 2000, 29 CLC (HCD)

....ent petitioner is quashed. Let the convict-petitioner Azibor Mollick be set at liberty at once if not wanted in any other connection. Ed. This case is also Reported in: 52 DLR (2000) 576. ......ত, নড়াইল in নারী ও শিশু নির্যাতন Case No.4 of 1998 should not be quashed. 2. It appears that the present convict petitioner faced trial in the above case and he has been convicted under section 8(2) of the নারী ও শিশু নির্......ent petitioner is quashed. Let the convict-petitioner Azibor Mollick be set at liberty at once if not wanted in any other connection. Ed. This case is also Reported in: 52 DLR (2000) 576. ..

Category: Women and Children | Date: 9 Aug, 2000 | Hits: 82

State Vs. Babul Hossain, 2000, 29 CLC (HCD)

....t an advance order of release in respect of the condemned prisoners be sent to the District Magistrate, Chandpur. Send down the records. Ed. This Case is also Reported in: 52 DLR (2000) 400. ......ter referred to as the Act, and thereupon sentencing them to death by the judgment and order dated 23- 9-1997 passed in Nari-o-Shisu Nirjatan Daman Bishes Case No.16 of 1997, hereinafter in brief the case of the hereinbefore mentioned Adalat has made this reference (in the light of the provision of ......t an advance order of release in respect of the condemned prisoners be sent to the District Magistrate, Chandpur. Send down the records. Ed. This Case is also Reported in: 52 DLR (2000) 400. ..

Category: Women and Children | Date: 4 May, 2000 | Hits: 115

Editor, Banglabazar Patrika and two others Vs. District Magistrate and Deputy Commissioner, Nagaon, 2000, 29 CLC (HCD)

....ected to send the copies of this judgment to the Ministries of Home, Law, Education and Religious Affairs immediately. Nazmun Ara Sultana J.- I agree. Ed. This Case is also Reported in: ......ected to send the copies of this judgment to the Ministries of Home, Law, Education and Religious Affairs immediately. Nazmun Ara Sultana J.- I agree. Ed. This Case is also Reported in: ......ected to send the copies of this judgment to the Ministries of Home, Law, Education and Religious Affairs immediately. Nazmun Ara Sultana J.- I agree. Ed. This Case is also Reported in: ..

Category: Family Law | Date: 1 Jan, 2000 | Hits: 240

Sunderban Taxtils Mills Vs. The Commissioner of Taxes, 1999, 28 CLC (HCD)

....ences in question are fit cases to be taken to the Appellate Division and the prayer for certificate is, therefore, refused. Ed. This Case is also Reported in: 26 BLD (HCD) (2007) 57. ......s interest income of Tk. 89,74,519/-. 5. The Reference Application No.25 of 1993 relates to the assessment year 1988-99 and in that year the applicant was assessed at Tk.3,22,32,478/-. In this case also the asseessee was exempted from paying income tax on the assessed figure of Tk. 3,03,85,7......ences in question are fit cases to be taken to the Appellate Division and the prayer for certificate is, therefore, refused. Ed. This Case is also Reported in: 26 BLD (HCD) (2007) 57. ..

Category: Fiscal/Taxation Law | Date: 8 Dec, 1999 | Hits: 9

Golam Rahman (Md.) Vs. Md. Bazlur Rahman (Babu) and one other, 1999, 28 CLC (HCD)

.... dispose of the as expeditiously as possible preferably within six months from the date of receipt of the judgment this Court. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 566. ...... of the Special Tribunal Case No.22 of 1994 arising out of Miscellaneous Case No. 345 of 1994 pending in the court of Special Tribunal No.1 Panchagarh, should not be quashed. 2. The facts of the case, in brief, are that the accused-petitioner is a friend of the complainant and used to visit his...... dispose of the as expeditiously as possible preferably within six months from the date of receipt of the judgment this Court. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 566. ..

Category: Criminal Law | Date: 2 Dec, 1999 | Hits: 46