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Shaikh Ansar Ali & others Vs. Md. Tofazzal Hossain and others, 2003, 32 CLC (HCD)

....) filed two separate applications under Order VII rule 11 (d) of the Code of Civil Procedure, contending, inter alia, that the Association is a registered trade organisation and the plaintiff being a member of the said organisation, challenged the decision of the organisation in the suit which is ba......ted 19‑11‑2001, rejecting the petition under Order VII rule 11 (d) of the Code is set aside. In the result, the Rule is made absolute. Ed. This Case is also Reported in: 55 DLR (2003) 211.......ted 19‑11‑2001, rejecting the petition under Order VII rule 11 (d) of the Code is set aside. In the result, the Rule is made absolute. Ed. This Case is also Reported in: 55 DLR (2003) 211...

Category: Civil Law | Date: | Hits: 74

Abdur Rouf @ Rab Howlader Vs. State, 2003, 32 CLC (HCD)

....r came to her house. Previous day of occurrence, Joynab Begum brought Abdur Rouf to her house and leaving him she went away. She could not say anything being scared of Abdur Rouf as there was no male member in the house. After the return of her son, she disclosed to him of the coming of Abdur Rouf. ......ccused and another (acquitted) from the hut and then seen in the company of the accused near a mosque. Following day, dead body of the deceased was found hanging in a class room. The Supreme Court of Pakistan found the circumstances were not sufficient to convict and accordingly, allowed the appeal ...... In the result, this appeal is dismissed and the order of conviction and sentence is hereby affirmed. Send down the records at once. Ed. This Case is also Reported in: 55 DLR (2003) 202. ..

Category: Criminal Law | Date: | Hits: 44

Haripada Saha Vs. Md. Shamsuddin Quraishi and others, 1997, 26 CLC (HCD)

....cate further submits that the defendant petitioner purchased 1/6th share of the undivided dwelling house of the Tahbilder family by registered deed as back as in 1969 and after his purchase the other members of the undivided Tahbildar family did not raise any objection against the said purchase nor ......llegality in the impugned order. In the result, the Rule is discharged without any order as to costs. Send down the LC Records at once; Ed. This Case is also Reported in: 54 DLR (2002) 606.......llegality in the impugned order. In the result, the Rule is discharged without any order as to costs. Send down the LC Records at once; Ed. This Case is also Reported in: 54 DLR (2002) 606...

Category: Administrative Law | Date: | Hits: 210

Sultana Begum and others Vs. Government of Bangladesh, 2002, 31 CLC (HCD)

....esult the Rule is discharged; without any order as to cost. The order of the day passed at the time of issuance of the Rule stands vacated. Ed. This Case is also Reported in: 55 DLR (2003) 190. ......esult the Rule is discharged; without any order as to cost. The order of the day passed at the time of issuance of the Rule stands vacated. Ed. This Case is also Reported in: 55 DLR (2003) 190. ......esult the Rule is discharged; without any order as to cost. The order of the day passed at the time of issuance of the Rule stands vacated. Ed. This Case is also Reported in: 55 DLR (2003) 190. ..

Category: Election Law | Date: | Hits: 85

Shahadat Hossain (Md.) Vs. Base Textile Ltd., 2000, 29 CLC (HCD)

....ctitious minutes purporting to amend Articles 66, 51, 34, 42 and 64 of the Articles of Association of the Company to assume control of the company and thereby reduced the petitioner’s position as a member. The purported amendment of Article 66 made respondent No. 2 the sole authority to open and o......application is thus allowed in part. The order restraining the respondent No. 2 from operating the bank accounts of the Company is vacated. Ed. This Case is also Reported in: 54 DLR (2002) 583. ......application is thus allowed in part. The order restraining the respondent No. 2 from operating the bank accounts of the Company is vacated. Ed. This Case is also Reported in: 54 DLR (2002) 583. ..

Category: Company Law | Date: | Hits: 247

Dr. Manzoor Rasheed Chowdhury Vs. Principal, DMC Dhaka and others, 2000, 29 CLC (HCD)

....wledge of the admission notice as published by the Dhaka Medical College applied for the admission test being aware of the age limit. The respondent No. 2 being Head of the Department and one of the members of the academic council, has the authority to fix the age limit for his own department and a......lhet Medical College and served in different places in different capacities. While he was serving as the Assistant Registrar (Urology), Dhaka Medical College, the petitioner got himself admitted in Pakistan Institute of Medical Science to obtain MS Degree in Urology and was granted two years study......ission test and by increasing one seat by the respondents. In the result, the Rule is made absolute without any order as to costs. Ed. This Case is also Reported in: 54 DLR (2002) 578. ..

Category: Others | Date: | Hits: 100

A.B.M. Nurul Islam Vs. Bangladesh Sericulture Board, Rajshahi, 2009, 38 CLC (HCD)

.... notice and strongly denied all the allegations made therein and further stated inter alia, that allegations brought against him were false and fabricated. On 20.09.2001 the respondents appointed one member enquiry committee violating the Provision of Regulation 40 (2) of the Regulation, 1990 and di......er from his service is hereby declared to have been made without lawful and is of no legal effect. Mir Hashmat Ali J. - I agree. Ed. This Case is also Reported in: 29 BLD (HCD) (2009) 750. ......er from his service is hereby declared to have been made without lawful and is of no legal effect. Mir Hashmat Ali J. - I agree. Ed. This Case is also Reported in: 29 BLD (HCD) (2009) 750. ..

Category: Employment/Service Law | Date: | Hits: 104

Moslemuddin Dhali & others Vs. Helaluddin Dhali & others, 1988, 17 CLC (HCD)

....lso constructed a build­ing on the case land. The 1st Party-petitioners in an effort to re-open the partition have started various proceedings. The 1st Party-petitioner No. 1 putting himself up as a member of the Executive Committee of a mosque situated within the original joint land and separated ...... of peace in case of this nature, but no order by a criminal Court for attachment of the property under section 145 Cr.P.C. can validly be made." 23. The aforesaid decision of the Supreme Court of Pakistan 23 DLR (SC) 14 has been fol­lowed by our Appellate Division in the case of Md. Shahabul Hu......abuse of the process of any Court and no case of securing the ends of justice have been made out. In the result, the Rule is discharged. Ed. This Case is also Reported in: 41 DLR (1989) 120. ..

Category: Criminal Law | Date: | Hits: 32

Md. Monirul Hoq Vs. Government of Bangladesh, 1988, 17 CLC (HCD)

....ained in Annexure "H" to the petition, by virtue of a resolution adopted in a Spe­cial meeting held for the purpose on 7.12.86, in pursuance of a requisition given on 1.9.88 there for by some of the members of the said Parishad. 2. Facts relevant for the purpose of disposal of this Rule may brie......avour of the resolu­tion in question. Thus having regard to legal aspect of the matter I fully concur with finding of my learned brother. Ed. This Case is also Reported in: 41 DLR (1989) 108.......avour of the resolu­tion in question. Thus having regard to legal aspect of the matter I fully concur with finding of my learned brother. Ed. This Case is also Reported in: 41 DLR (1989) 108...

Category: Election Law | Date: | Hits: 92

Government of Bangladesh and others Vs. Mariam Begum and others, 2009, 38 CLC (AD)

....n, passed in dismissing the Civil Petition for Leave to Appeal. Since no new point has been raised this petition for review is dismissed. Ed. This Case is also Reported in: VII ADC (2010) 906.......ich is a clear high hardness and it has been proved that Rustom Ali did not establish the said Bazar on the suit land at the rel­evant time and further, a plain read­ing of Section 2(3) of the East Pakistan Hats and Bazars (Establishment and Acquisition) Amendment Act, 1966 (Act No. XII of 1967) s......n, passed in dismissing the Civil Petition for Leave to Appeal. Since no new point has been raised this petition for review is dismissed. Ed. This Case is also Reported in: VII ADC (2010) 906...

Category: Property Law | Date: | Hits: 33

Shah Alam (Md.) Vs. Abdul Hashem Bepari and others, 2000, 29 CLC (HCD)

....ed the bainapatra in presence of witnesses, who also signed the same as attesting witnesses. He reiterated that defendant No.1 received the consideration in his presence. 18. PW 3 SM Shamsuddin, a member of the Bazar Committee known to the contesting parties, stated in his evidence that defendant......intiff shall be at liberty to get the decree executed through the Court in accordance with law. Send down the lower Court records at once. Ed. This Case is also Reported in: 54 DLR (2002) 550.......intiff shall be at liberty to get the decree executed through the Court in accordance with law. Send down the lower Court records at once. Ed. This Case is also Reported in: 54 DLR (2002) 550...

Category: Civil Law | Date: | Hits: 81

Solaiman (Md.) and others Vs. Md. Mosharaf Hossain Khan and others, 2002, 31 CLC (HCD)

....mber operative till 14-8-2001 and while that stay order was in operation, the contemner respondent Nos. 2 and 3 published the final result of the election on 6-8-2001 and thereafter the newly elected members also held the first meeting on 9-8-2001. Now the only question that calls for determination ......f Hossain Khan and others............Respondent Contemners Judgment February 3, 2002. Cases Referred To- Shahabuddin vs. Bangladesh 1992 BLD 596 = 45 DLR 360; 47 CWN 186; 1960 PLR West Pakistan) Vol 11 page 751; AIR 1992 (SC) 1439; Md. Abdul Quddus vs. Md. Mustafa Hossain 1992 BLD 60;......heir service book. A copy of this judgment be sent to the Secretary, Ministry of Sport and Ministry of Establishment for necessary action. Ed. This Case is also Reported in: 54 DLR (2002) 531...

Category: Civil Law | Date: | Hits: 70

Idrisur Rahman (Md.) and others Vs. Secretary, Ministry of Law, Justice and Parliamentary Affairs, Government of the People's Republic of Bangladesh, 2008, 37 CLC (HCD)

....Md. Abdul Hye, Mr. Md. Faruque Ahmed, Mr. Md. Marzi-ul-Hoque, Mr. Md. Shamsul Huda, Mr. Md. Abdur Razzak and Mr. Hasan Foez Siddique despite the recommendation of the Chief Justice. On 21-2-03 senior members of the Bar including the President Mr. Ozair Farook and Mr. Abdul Matin Khasru, former Law M...... Relief 6 BLC 681; Chairman, Bangladesh Textile Mills Ltd. vs. Nasir Hossain Chowdhury 7 MLR (AD) 265 = 7 BLC (AD) 144; State vs. Chief Editor, Manabjamin 57 DLR 359; Al-Jehad Trust vs. Federation of Pakistan PLD 1996 SC 324; Shamser Sing vs. State of Punjab AIR 1974 SC 2192; Union of India vs. Sank......f this Court directs the respondent in that regard. It is accordingly, ordered. The short order is treated as part of this judgment. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 523. ..

Category: Constitutional Law | Date: | Hits: 252

Arshad Hossain Haider and others Vs. Suza Uddoula and others, 2010, 39 CLC (AD)

....ddin by a deed of settlement dated 27.07.1953 by the then Government of East Pakistan; that said Md. Jamiruddin constructed a semi-pucca house on his allotted land and resided therein with his family members; that he paid rents and taxes of the Union Parishad and after 12 years of his possession, he......eing Plot No. 3/D/A, 1st Colony Mirpur, R.S. Plot No. 109, R.S. Khatian No.33, PS. Mirpur, Dhaka was allotted to Md. Jamiruddin by a deed of settlement dated 27.07.1953 by the then Government of East Pakistan; that said Md. Jamiruddin constructed a semi-pucca house on his allotted land and resided t......ooks is dis­pensed with as prayed for. The order of status-quo granted earlier by this Court shall continue till disposal of the appeal. Ed. This Case is also Reported in: VII ADC (2010) 846...

Category: Property Law | Date: | Hits: 32

Mrs. Rafiqun Nahar & others Vs. Chairman, Court of Settlement, Segunbagicha, Dhaka & others, 2009, 38 CLC (AD)

....he above, we find no sub­stance in the submissions of the learned Counsel for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VII ADC (2010) 826. ...... and order 08.08.1996 passed by High Court Division in Writ Petition No.80 of 1988 discharging the Rule. 2. The facts of the case, in short, are that on 13.08.1960 the erstwhile Government of East Pakistan allotted to one Mohammad Mohib son of Bhagu Mia of 74 Gour Nitai Saha Street, Dhaka through......he above, we find no sub­stance in the submissions of the learned Counsel for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VII ADC (2010) 826. ..

Category: Property Law | Date: | Hits: 41

Bangladesh Shipping Lines Ltd. Vs. Commissioner of Customs, Chittagong and others, 2002, 31 CLC (HCD)

....2000 is hereby recalled and vacated. Learned Subordinate Judge is directed to proceed with the suit in accordance with law. Communicate. Ed. This Case is also Reported in: 55 DLR (2003) 166. ...... 871; Shushil Ranjan Dutta Vs. Al‑haj Moulvi ldris Mia, 42 DLR (AD) 110; Motasim Ali Chowdhury Vs. Md. Ismail, 4 BLC (AD) 98; Shahiman Bewa Vs. Shafiduddin Ahmed and others, 1986 BLD 58=38 DLR 265; Pakistan National Shipping Corporation and another Vs. Resources International and others, 1 BLC (AD......2000 is hereby recalled and vacated. Learned Subordinate Judge is directed to proceed with the suit in accordance with law. Communicate. Ed. This Case is also Reported in: 55 DLR (2003) 166. ..

Category: Procedural Law | Date: | Hits: 60

Kalu Sheikh alias Sheikh and Kalam Sheikh and others Vs. State, 2002, 31 CLC (HCD)

.... Thereafter Shaymol and his mother went to their house on foot and he returned to his own house. PW 3 found Shaymol well in his house in the night. In cross-examination PW 3 stated that he does not remember whether he stated to daroga that Shaymol’s mother disclosed the names of 3(three) accused t...... of the charge brought against them and they are hereby discharged from their respective bail bond. Send down the lower court immediately. Ed. This Case is also Reported in: 54 DLR (2002) 502....... of the charge brought against them and they are hereby discharged from their respective bail bond. Send down the lower court immediately. Ed. This Case is also Reported in: 54 DLR (2002) 502...

Category: Criminal Law | Date: | Hits: 30

Government of the People's Republic of Bangladesh Vs. Md. Anowar Hossain, 2010, 39 CLC (AD)

....ed 06.10.1997 (Annexures-A and H respectively to the writ petition), which are stated to be the order dismissing the petitioner and the order rejecting the appeal respectively. The writ petitioner, a member of the Bangladesh Rifles, joined his service as a Sepoy on 15.01.1976 and in due course got p...... aside and the dismissal of the writ petitioner from service is declared to have been passed by a competent authority in accordance with law. This Case is also Reported in: 15 MLR (AD) (2010) 515. ......e Superior Officers (Bangladesh Rifles) Recruitment Rules, 1980 framed under the authority of Bangladesh Rifles Order, 1972 (P.O.No.148 of 1972), an officer in the rank of Brigadier in the Bangladesh Army, on deputation, is appointed as Deputy Director General and that as per Section-8 of the Bangla..

Category: Employment/Service Law | Date: | Hits: 80

Md. Shahabuddin Vs. Janata Bank, 1988, 17 CLC (HCD)

.... on 30.8.86, but the learned District Judge also in separate judgments dated 26.2.87 allowed the appeals and dismissed the suits. 2. Both the petitioners Md. Shahabuddin and A.B.M. Hamid Khan were members of the clerical staff (clerk and cashier respectively) of Chawk Bazar Branch, Barisal of the......he result, the Rules issued in Civil Re­vision No. 71 of 1987 and Civil Revision No. 73 of 1987 are discharged without any order as to costs. Ed. This Case is also Reported in: 41 DLR (1989) 94.......he result, the Rules issued in Civil Re­vision No. 71 of 1987 and Civil Revision No. 73 of 1987 are discharged without any order as to costs. Ed. This Case is also Reported in: 41 DLR (1989) 94...

Category: Employment/Service Law | Date: | Hits: 76

Warish Miah Vs. People's Republic of Bangladesh, 1988, 17 CLC (HCD)

....d disqualifications of Chairman and Members of Union Parishads.- (1) A person shall subject to the provision of sub-­section (2) be qualified to be elected or nominat­ed as, and to be a Chairman or member if- (2)............................................. (g) he or she has defaulted in rep......es of the present case. In the result, the Rule is discharged without costs. The order of slay granted earlier by this Court stands vacated. Ed. This Case is also Reported in: 41 DLR (1989) 51......es of the present case. In the result, the Rule is discharged without costs. The order of slay granted earlier by this Court stands vacated. Ed. This Case is also Reported in: 41 DLR (1989) 51..

Category: Election Law | Date: | Hits: 104