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Siraj Mal and others Vs. State, 1992, 21 CLC (HCD)
.... earlier granted by this Court be discharged from his bail bond. Let the LC Records be sent down to the Court below expeditiously. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 688. ......ce of such witness is necessary. The learned Advocate for the appellant in support of his contention has relied on a decision in the case of Mumtaz Ahmed Khan Vs. State reported in 19 DLR SC 259. The principle settled in the above decision is not disputed, but the question is how far the above decis......l, Nurul Islam alias Nuru under section 4(b) and 4(c) of the Cruelty to Women (Deterrent Punishment) Ordinance, 1983 (Ordinance LX of 1983) and sentencing each of them to suffer rigorous imprisonment for 14 years and to pay a fine of Tk. 10,000.00 each, in default to suffer rigorous imprisonment for......r lodged the FIR against the accused persons which was false and concocted. Thereafter on the prayer of the Investigation‑Officer she was sent to a Medical Board by the local Upazila Magistrate for determination of her age. The Medical Board consisting of three doctors, one of whom was the Civil S..Category: Criminal Law | Date: | Hits: 69
Wadiuzzaman Vs. Chairman, BIWTA and others, 1992, 21 CLC (HCD)
....uthority. In the light of our observation and discussion made above, all three Rules are discharged without any order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 679. ......tatutory provision, the employee has a right of action either in a superior Court in its writ jurisdiction or in a civil Court. (b) If the service of its employee is terminated in violation of the principle of natural justice. the employee has a similar right of action as in (a)." 30. He has r...... three Rules were issued at the instance of the same petitioner Md. Wahiduzzaman against orders passed on behalf of Bangladesh Inland Water Transport Authority in a chain of connected events and therefore they are being disposed of by a single judgment. 5. In Writ Petition No.54 of 1988 Rule was ......uthority. In the light of our observation and discussion made above, all three Rules are discharged without any order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 679. ..Category: Employment/Service Law | Date: | Hits: 116
Mirza Ashfaque Hossain and another Vs. Md. Ashraful Alam and others, 2011, 40 CLC (AD)
....্নিং বডি) সংশোধন সংবিধি ১৯৯৮ be stayed till disposal of the appeal in C.P.No. 803 of 2011. Ed. This Case is also Reported in: VIII ADC (2011) 831. ......ave to Appeal No.774 of 2004 where the Appellate Division did not interfere with the order passed in accordance with Rule 6 of the further submits that the aforementioned Rule 6 does not infringe the principle of natural justice in that the President of the Governing Body of the College is nominated......etitioners (In Civil Petition No.803 of 2011.) M. Amirul Islam, Senior advocate, Advocate instructed, by Md. Shamsul Alam, Advocate -on-Record-For respondents (In both the cases) Civil Petition for Leave to Appeal Nos. 2311 of 2010 and 803 of 2011. (From the judgment and order dated 25.04.2......্নিং বডি) সংশোধন সংবিধি ১৯৯৮ be stayed till disposal of the appeal in C.P.No. 803 of 2011. Ed. This Case is also Reported in: VIII ADC (2011) 831. ..Category: Others | Date: | Hits: 153
Bangladesh and another Vs. Md. Badiuzzaman and others, 2011, 40 CLC (AD)
....osal of the appeals. Appeals to be registered arising out of this leave granting order will be heard along with C.A.No.8 of 2008. Ed. This Case is also Reported in: VIII ADC (2011) 811. ...... to secure adequate representation in the service of the Republic and to protect the properties of the backward sections of the citizens of Bangladesh. Local Government has been conceived of on the principle of 'gradual development of self-governing institutions with a view to progressive real......, Advocate instructed by Mrs. Sufia Khatun, Advocate-on-Record-For the Petitioner. (In Civil Petition No.1891 of 2010.) None represented-For the Respondents. (In both the cases) Civil Petition for Leave to Appeal Nos. 1847 and 1891 of 2010. (From the judgment and order dated the 12th and 1......idency qualification' and, therefore, that is seen as a legitimate requirement which in no way circumscribes a persons rights of franchise and seeks to manifest the very essence of partaking in the determination of who would be accountable for the management of local affairs locally. V. whether..Category: Constitutional Law | Date: | Hits: 219
Abdul Khaleque Vs. Abdur Noor and others, 1995, 24 CLC (HCD)
.... agricultural land and section 96 of the Act is only available. In the result, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 49 DLR (HD) (1997) 74. ......he State Acquisition and Tenancy Act will arise and in that situation a question of partial pre‑emption in respect of the lands of the same Khatian will arise and it is not permissible as a settled principle of law. 7. While repelling the above contention of Mr. BK Das, Mr. Matin, the learned, ......the learned Subordinate Judge, 1st Court, Sylhet in Miscellaneous Appeal No.81 of 1977 passed by learned Munsif 1st Court, Sylhet in Miscellaneous Case No.76 of 1970 arising out of a an application for pre-emption under section 24 of the Non-Agricultural Tenancy Act, 1949. 2. The facts leading ...... agricultural land and section 96 of the Act is only available. In the result, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 49 DLR (HD) (1997) 74. ..Category: Property Law | Date: | Hits: 52
....ence by this Court.
In the result this Rule is discharged. But in the facts and circumstances of the case we pass no order as to cost.
Ed.
This Case is also Reported in: 50 DLR (HCD) (1998) 1....... the impugned order under section 16 of the General Clauses Act. It is further alleged that since before issuance of the impugned order no show cause notice was given, the impugned order offended the principle of natural justice and, as such, it is liable to be struck down.
5. In this case an aff......e-Chancellor of Rajshahi University through the process of section 11 of Rajshahi University Act of 1973 (Act No. XXXVI of 1973) as a Member of Panel from which the Vice-Chancellor shall be appointed for a period of 4 years from the said panel. Three persons are to be nominated by the Senate on such......ence by this Court.
In the result this Rule is discharged. But in the facts and circumstances of the case we pass no order as to cost.
Ed.
This Case is also Reported in: 50 DLR (HCD) (1998) 1...
Category: Employment/Service Law | Date: | Hits: 158
Mohadashi Sutradhar and another Vs. Monindra Chandra Sannyashi and others, 2011, 40 CLC (AD)
.... those of the appellate Court and consequently no merit in the submission of Mr. Awlad Ali. Accordingly, this petition is dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 773. ......d D.W.'s came to the finding that plaintiffs are in possession in the suit land and that the defendants have no right, title, interest and possession therein. 12. It is by now a well settled principle of law that the appellate Court is the last Court of fact. We have gone through the judgme......nstructed by Syed Mahbubar Rahman, Advocate-on-Record-For the Petitioners. Zainul Abedin, Advocate-on-Record-For Respondent Nos. 1-4. None represented-For Respondent Nos. 5-6. Civil Petition for Leave to Appeal No. 483 of 2009. (From the judgment and order dated the 25th day of January, ...... those of the appellate Court and consequently no merit in the submission of Mr. Awlad Ali. Accordingly, this petition is dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 773. ..Category: Property Law | Date: | Hits: 68
Siddiqur Rahman and others Vs. Md. Monwar Hossain and others, 2011, 40 CLC (AD)
....t assessment of the materials on record and appreciation of law arrived at a correct decision. The petition is accordingly dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 755. ...... not justified in arriving at the conclusion that the case is barred by limitation. Mr. Mahmudul Islam, learned counsel appearing for the pre-emptee, on the other hand, contended that the fundamental principle is that the pre-emptors are required to prove the date of knowledge and since they failed ......ord-For the Petitioners. Mahmudul Islam, Senior Advocate, instructed by Nurul Islam Bhuiyan, Advocate-on-Record-For Respondent No.1. Not Represented-For Respondent Nos. 2-118. Civil Petition for Leave to Appeal No. 135 of 2010 (From the judgment and order dated 26.8.2009 passed by the Hi......t assessment of the materials on record and appreciation of law arrived at a correct decision. The petition is accordingly dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 755. ..Category: Property Law | Date: | Hits: 72
....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.
......ent power under section 151 of the Code of Civil Procedure. Mr. Islam has further contended that the order of remand passed by the learned Judge of the High Court Division is against the well settled principle that order of remand cannot be made to afford opportunity to an unsuccessful party to fi......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.
..
Category: Property Law | Date: | Hits: 83
Rafiqul Hossain @ Ranaesh and another Vs. Lal Mohan Saha and others, 1991, 20 CLC (HCD)
....trial Court passed the order of the attachment of the property. 9. In the result, the Rule is made absolute. No order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 718. ......h I myself having had placed reliance on the decision of AR Cornelius, ACJ (as his Lordship was then) and the decision of H Rahman, J (as his Lordship was then) I am unable to make departure from the principle laid down therein. Thus, the contention of Dr. Ahmed Hossain in this regard is upheld. The......earned Munsif, Kendua Upazila dated 23.8.84 in Misc. Case No.115 of 1984. 2. Opposite parties filed an application under Order 39, rr. 1 and 2 CPC in Title Suit No.358 of 1981 which was instituted for permanent injunction in the Court of Munsif, Netrakona on various averments and the learned Muns......g the allegations of disobedience with material particulars for its decision so as to enable the accused to meet the allegations. He submits that trial Court in a general way formulated the point for determination as follows: “Whether the alleged story of the petitioner is true.” He submit..Category: Criminal Law | Date: | Hits: 90
Kibria and Associates Ltd. Vs. Bangladesh Agricultural Development Corporation, 1992, 21 CLC (HCD)
....ters at rest arising out of the situation like the present one. In the result, we allow this appeal without any order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 712. ......l Hossain said that in Engineer the decision of Chandris was not disapproved and submitted that when in our country the Interest Act, 1839 has been repealed without re‑enactment we are to apply the principle laid down by the Court in England. 13. Syed Ishtiaque Ahmed argued that unless all the ......rbitrator dated September 20, 1990 in Arbitration Case No.115 of 1990. 2. The facts giving rise to the present appeal are as follows: The appellant M/s Kibria and Associates Ltd, was appointed for construction of Low Cost Fertilizer Warehouse and Ancillary Buildings at Tepakhola, Faridpur by ......ters at rest arising out of the situation like the present one. In the result, we allow this appeal without any order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 712. ..Category: Alternative Dispute Resolution | Date: | Hits: 156
....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.
......uit and the plaint is liable to be rejected.
4. Mr. Md. Habibullah learned Advocate appearing with Mr. Aminul Islam Mondal for the plaintiff-opposite parties, on the other hand by referring to the principle of law enunciated in the case of Secretary of State Vs. Masket & Co. reported on AIR 1...... 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.
..
Category: Employment/Service Law | Date: | Hits: 66
Wahiduzzaman (Md.) Vs. Government of Bangladesh & others, 2003, 32 CLC (HCD)
.... are liable to be discharged. In the result, the Rules are discharged without any order as to cost. The stay granted earlier is vacated. Ed. This Case is also Reported in: 57 DLR (2005) 26. ......Mr. Mohammad Hossain referred to the case of Waris Mea Vs. State as reported in 9 DLR (SC) 117 and the case of Dr. Nurul Islam Vs. Bangladesh as reported in 33 DLR (AD) 201. 6. We have perused the principles laid down in the cited cases. As regards the case reported in 17 DLR (SC) 209 we do not f......ate invited our attention to the principle of "reasonable restriction" as enunciated in that case. We regret that the learned Advocate failed to distinguish the facts and circumstances of the cases before us and the cited case. In the instant case, before us no restrictions imposed by law have been ...... are liable to be discharged. In the result, the Rules are discharged without any order as to cost. The stay granted earlier is vacated. Ed. This Case is also Reported in: 57 DLR (2005) 26. ..Category: Civil Law | Date: | Hits: 79
Afzal Hossain Vs. Chief Election Commissioner and others, 1992, 21 CLC (HCD)
.... act for the same avowed purpose of free and fair election. We find no illegality in the order and hence the petition is rejected. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 701. ...... allowed by the Bank namely by 31.7.92. He has further submitted that the Election Commission heard the matter behind his back setting aside the final order passed on appeal and this has violated the principle of natural justice. 5. We have examined the contention of the learned Advocate but we f......1 and 2 namely Justice MA Rouf, Chief Election Commissioner and Justice Syed Misbahuddin Hossain, Election Commissioner to include the name of the respondent No.8 allowing him to contest the election for the post of Chairman of No.1 Rajiher Union Parishad, setting aside the order of Thana Nirbahi Of...... act for the same avowed purpose of free and fair election. We find no illegality in the order and hence the petition is rejected. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 701. ..Category: Election Law | Date: | Hits: 153
Air Marshal Jamaluddin Ahmed (Retd) Vs. Government of Bangladesh and others, 2004, 33 CLC (HCD)
....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. ......ce no decision of a Court or Tribunal has been challenged nor an order affecting his terms and conditions of service has been questioned nor application of any disciplinary law has been raised on the principle settled in the case of Col. Md. Hashmat Ali, this petition under Article 102 of the Consti......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......others. 37. It is true that if a judicial proceeding is pending against a public servant at the time of his retirement he shall not be entitled to any pension or other retirement benefits till the determination of such proceedings. Section 10 of the aforesaid Act reads as follows: "10. Public ..Category: Employment/Service Law | Date: | Hits: 148
Mozibar Rahman Molla (Md) and another Vs. Rehazuddin and others, 2003, 32 CLC (HCD)
....ons made in this judgment. Send down a copy of this judgment along with the Lower Courts Record to the trial Court at once for compliance. Ed. This Case is also Reported in: 56 DLR (2004) 427.......ereon, and the reasons for such decision." 11. With reference to the aforesaid provision of law as contained in the Code of Civil Procedure the full bench decision referred to above enunciated the principle to the effect: "The provisions of rule 4(2) have a set purpose. The form is designed to...... section 96 of the State Acquisition and Tenancy Act, should not be set aside and/or pass such other or further order or orders as to this Court many deem fit and proper. 2. Short facts, necessary for the purpose of the Rule is that the opposite Party Nos. 1‑4 as pre-emptors instituted Miscel......relevant provision of sub-rule (2) of rule 4 of Order XX of the Code of Civil Procedure, which runs as under: "4. (1) Judgments of a Court of Small Causes need not contain more than the points for determination and the decision thereon. (2) Judgments of other Courts shall contain a concise sta..Category: Property Law | Date: | Hits: 98
Ziaul Hoque alias Bakul Vs. Md Sirajul Islam and others, 2002, 31 CLC (HCD)
.... election for the post of Chairman of No.15 North Ichapur Union Parishad immediately in accordance with law. Send down the records at once. Ed. This Case is also Reported in: 56 DLR (2004) 424. ......nal a full bench of this Court decided that the election tribunal is competent to enquire as to the age of a person whose name was brought on the electoral roll to entitle him to be elected, yet, the principle of law enunciated in the said case cannot be applied in the instant case as when that deci......side and or pass such other order or further order or orders as to this Court may seem fit and proper. 2. The present opposite party No. 1 as petitioner filed Election Tribunal Case No.5 of 1998 before the Election Tribunal Sadar, Brahmanbaria for declaration that the election of the present pe...... election for the post of Chairman of No.15 North Ichapur Union Parishad immediately in accordance with law. Send down the records at once. Ed. This Case is also Reported in: 56 DLR (2004) 424. ..Category: Election Law | Date: | Hits: 156
Commander (Rtd) A A Chowdhury Vs. AKM Imam Hossain and others, 1996, 25 CLC (HCD)
.... 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 ......recovery of arrear rents without being asked for. 12. Mr. ASM Wahidul Momin Chowdhury, the learned Advocate appearing on behalf of the plaintiff opposite party, on the other hand, submits that the principle as laid down in the above cited case that it is always open to a Court to give plaintiff '......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 ..Category: Property Law | Date: | Hits: 65
Abu Bakkar Siddique Vs. Justice Shahabuddin Ahmed and others, 1996, 25 CLC (HCD)
.... 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. ......tandi to act on behalf of its members in an application under Article 102 of the Constitution is just not there. 21. In view of the facts and circumstances of the present case, we may refer to the principle laid down by their Lordships of the Supreme Court in Beru Bari case (26 DLR, (SC) 44). In ...... 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. ..Category: Constitutional Law | Date: | Hits: 200
Md. Shamsul Hoque Vs. Md. Jabbar and another, 2011, 40 CLC (AD)
....epare the paper book out of court in accordance with Rules. The order of stay granted earlier be extended till disposal of the appeal. Ed. This Case is also Reported in: VIII ADC (2011) 673. ......an 20 years and thus he acquired a good title by virtue of adverse possession. The learned Advocate has contended that both the Appellate Court and Revisional Court held erroneous view as regards the principle of adverse possession. The learned advocate has read out some portion of the judgment of......vocate-on-Record-For the Petitioner. M.I. Farooqi, Senior Advocate instructed by M.G. Bhuiyan, Advocate-on-Record-For Respondent Nos.1-2. Not represented-Respondent Nos.3-5. Civil Petition for Leave to Appeal No.2671 of 2010. (From the judgment and order dated 05.10.2010 passed by the ......epare the paper book out of court in accordance with Rules. The order of stay granted earlier be extended till disposal of the appeal. Ed. This Case is also Reported in: VIII ADC (2011) 673. ..Category: Property Law | Date: | Hits: 76
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