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Nuruzzaman (Md.) and others Vs. Bangladesh and others, 2012, 41 CLC (HCD)
....r writ petitions have allegedly joined their respective posts on 4-7-2010 and afterwards. Anyway, the story of corruption and irregularities had been published in some local and national dailies. The relevant portions of those newspapers have been brought on record by way of affidavits in opposition......n 5-7-2010 and at the time of formation of the said enquiry committee, the Government stayed the process of appointments. The enquiry committed, at the time of holding enquiry, examined the connected papers and recorded the statements of the witnesses as well as some persons who brought the allega......also Reported in: 64 DLR (HCD) (2012) 406. ......ে দুই লক্ষ টাকা চেয়েছে, টাকা না দেয়ায় চাকুরী হয় নাই। 20. The Enquiry Committee, after scrutinizing the connecting documents recording the statement of the witnesses, submitted its report with the following observ..Category: Employment/Service Law | Date: | Hits: 148
....basis of such documents. He further submits that there are disputed question of facts in the instant writ petition. He further submits that annexure-'A' which was annexed to the writ petition are not relevant to the petitioner. The annexure 'C' series map relates to disputed question of facts. Annex......es of the case, we do not find any substance in the instant Rule.
The Rule is therefore, discharged without any order as to costs.
Ed.
This Case is also Reported in: 13 MLR (HCD) (2008) 373.
......l Original Jurisdiction)
Present:
Mir Hashmat Ali J
Syed Abu Kowser Md. Dabirush Shan J
Al-Haj Abdul Maleque Gazi, son of late Mohammad Gazi, Village-Mokimabad, Thana Hajigonj, District-Chandpur………………………Petitioner
Vs.
The Government of the People's Republic of Ban......ng represented by the Deputy Commissioner, Chandpur and others……………………….Respondents
Judgment
June 3, 2007.
Result:
The Rule is discharged.
In the absence of original documents, a court of law cannot rely on Photostat documents only as those documents do not have any..
Category: Property Law | Date: | Hits: 73
.... and decree given at time of issuance of rule is vacated.
The office is directed to send down the lower Courts records immediately.
Ed.
This Case is also Reported in: 18 BLT (HCD) (2010) 51.
...... and decree given at time of issuance of rule is vacated.
The office is directed to send down the lower Courts records immediately.
Ed.
This Case is also Reported in: 18 BLT (HCD) (2010) 51.
......ecords immediately.
Ed.
This Case is also Reported in: 18 BLT (HCD) (2010) 51.
...... huge debts. The said deeds were created in the name of Sree Sree Mohan Prabhu and Sree Sree Sriman Gopal Jew Deties. In fact, the aforesaid deities had no existence at all and the aforesaid debuttar documents were never acted upon and that the suit properties were never treated as Debuttar properti..
Category: Property Law | Date: | Hits: 102
Allama Delawar Hossain Sayedee Vs. Bangladesh, and others, 2009, 38 CLC (HCD)
....d the respondents are hereby directed to allow the Petitioner to leave and re-enter Bangladesh. There will be no order as to cost. Ed. This Case is also Reported in: 18 BLT (HCD) (2010) 188. ......d the respondents are hereby directed to allow the Petitioner to leave and re-enter Bangladesh. There will be no order as to cost. Ed. This Case is also Reported in: 18 BLT (HCD) (2010) 188. ......gh Court Division (Special Original Jurisdiction) Present: Tariq ul Hakim J Borhanuddin J Allama Delawar Hossain Sayedee…………………………..Petitioner Vs. Bangladesh, and others…………………………Respondents Judgment August 12, 2009. Result: Th......ticket, the Petitioner on 24.7.2009 went to the Zia International Airport at Kurmitola, Dhaka to board a Saudi Arabia Airlines Flight to Jeddah but after he handed his Bangladeshi passport and travel documents to the Immigration Officer at the Airport the Respondent No.4, Officer-in-Charge (Immigrat..Category: Constitutional Law | Date: | Hits: 147
Md. Taimur Rahman alias Toibur Vs. State, 2010, 39 CLC (HCD)
.... bail. 7. The learned Assistant Attorney General appearing for the opposite party opposes the prayer for bail. 8. Heard the learned Advocate of both the sides and perused the FIR, charge sheet, relevant documents annexed to the supplementary affidavit and the impugned order. 9. On perusal o...... at liberty to cancel the bail, if the accused petitioner misuses in any way the privilege of bail. Communicate the order at once. Ed. This Case is also Reported in: 18 BLT (HCD) (2010) 272. ...... of 2010. Judgment AKM Asaduzzaman J.- This Rule was issued calling upon the opposite party to show cause as to why the accused petitioner should not be enlarged on bail in G.R. Case No.73/09 (Manda) corresponding Manda P.S. Case No.29 dated 28.3.2009 under section 448/323/324/307/302/34 of th...... 7. The learned Assistant Attorney General appearing for the opposite party opposes the prayer for bail. 8. Heard the learned Advocate of both the sides and perused the FIR, charge sheet, relevant documents annexed to the supplementary affidavit and the impugned order. 9. On perusal of the fac..Category: Criminal Law | Date: | Hits: 87
Rezia Khatun Chowdhurani and others Vs. Shamir Kumar Chowdhury and others, 2008, 37 CLC (HCD)
....rformance of Contract is not barred by limitation. 7. Before I meet the points argued by Mr. AJ Mohammad Ali and the findings arrived at by the learned Subordinate Judge, I would like to refer the relevant portions of the deed of contract Exhibit 1, executed on 30th September, 1965. It is provide......on consideration of these Exhibits 2 and X was of the view that after the rescission of the contract by notice dated 15th October, 1966 Exhibit C, the plaintiff created these documents on blank stamp papers, inasmuch as the recitals in Exhibit 2 were not clear, that the plaintiff or his heirs had fa......his Case is also Reported in: 61 DLR (HCD) (2009) 131. ......tract; (b) to deprive any person of any right to relief, other than specific performance, which he may have under any contract; or (c) to affect the operation of the (Registration Act. 190S) on documents." 9. The term "agreement" is defined in section 2(e) of the Contract Act, as every prom..Category: Civil Law | Date: | Hits: 138
Zareen Biscuit Company Vs. Sayed M. Salimullah and others, 2010, 39 CLC (HCD)
.... 23. Section 10A of the SA&T Act, 1950, inserted a bit earlier by East Pakistan Ordinance, 1960, put similar restrictions on the power of Mutawalli to transfer waqf property. Wordings of the relevant portion of the section i.e., section 10A (3)(b) are (selectively) quoted below: "No such......e of dismissal passed by the Subordinate Judge, 3rd Court, Tangail, is hereby affirmed. Send down the lower Court record at once. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 267. ......gh Court Division (Civil Appellate Jurisdiction) Present: Sheikh Abdul Awal J M Moazzam Husain J Zareen Biscuit Company.........................Appellant Vs. Sayed M. Salimullah and others.........................Respondents Judgment October 11, 2010. Result: The ......arties, plainly undervalued and devoid of cause of action. It appears that four witnesses were examined on behalf of the plaintiff company. While one was examined on behalf of the Government. Several documents were proved by the plaintiff including the eleven registered deeds by virtue of which he c..Category: Trust/Waqf Law | Date: | Hits: 114
Md. Enamul Haque Vs. Md. Ekramul Haque and others, 2011, 40 CLC (HCD)
.... BLD 147, where it has been held on the submissions of Mr. MH Khandker who drew attention of the Court to the case of Md. Shamsul Huda Vs. Md. Mozammel Huq in which case their Lordship considered the relevant facts and observed in the following terms:— "It is not a question of actual existence ......of the suitsexpeditiously preferably within 6(Six) months from the date of receipt of this order. Communicate this order at once. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 263. ......t Division (Civil Revisional Jurisdiction) Present: Sharif Uddin Chaklader J Md. Nuruzzaman J Md. Enamul Haque…………………….Defendant-Petitioner Vs. Md. Ekramul Haque and others…………………..Plaintiff-Opposite Party Judgment January 3, 2011. Resul......of the suitsexpeditiously preferably within 6(Six) months from the date of receipt of this order. Communicate this order at once. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 263. ..Category: Procedural Law | Date: | Hits: 179
LMJ International Ltd. India Vs. MV BK Ace and others, 2010, 39 CLC (HCD)
....ndants shall not face any prejudice. 14. The learned senior Advocate Mr. Moinul Hosein informed this Court that in order to get the Cargo discharged in the Port the plaintiff has submitted all the relevant documents to the defendant vessel, specially an indemnity from the ultimate buyer of the sa......n application for facilitating the parties to inform this Court about the compliance of the order, by way of affidavit of compliance. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 256. ......Supreme Court High Court Division (Statutory Original Jurisdiction) Present: AFM Rahman J LMJ International Ltd. India…………………………Plaintiffs Vs. MV BK Ace and others…………………………Defendant Judgment December 7, 2010. Result: The......discharge" as used in the Customs Act 1969 means nothing but "unloading" of the cargo into the classified area of the Port…………….(25) Bills of lading, in one of its implication, being the documents of title, the holder of it gets the ownership of the said cargo carried by a vessel upon w..Category: Admiralty Law or Maritime Law | Date: | Hits: 490
Kartick Chandra Das and another Vs. State, 2012, 41 CLC (HCD)
....ice report it has categorically been stated that before filing the same the Investigating Officer was accorded sanction of file the charge-sheet. To appreciate that very contention let us quote the relevant portion of the police report where it has been clearly mentioned that the sanction has been......ferred a decision of the case of Rezaul Bari Vs. Bangladesh reported in 16 BLC 54. 11. We have heard the learned Advocate of both the parties and perused the application as well as other connected papers annexed thereto and the decision so cited by the leaned Advocate for the opposite party No.2....... also Reported in: 64 DLR (HCD) (2012) 458. ......tunity on priority basis. Communicate the order to the learned Special Judge, Bogra, at once for information and necessary action. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 458. ..Category: Procedural Law | Date: | Hits: 86
Abu Taher Chowdhury and others Vs. Showkat Ali and others, 2012, 41 CLC (HCD)
....he order of status-quo granted earlier by this Court is hereby recalled and vacated. Send down the Lower Court's records at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 455. ......he plaintiff has no locus standi to file the instant suit. Thus the Rule should liable to be discharged. 11. I have heard the learned advocate perused the impugned Judgment of the Courts below the papers and documents as available in the record. 12. The suit is for renewal of the lease agree......e. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 455. ......f has no locus standi to file the instant suit. Thus the Rule should liable to be discharged. 11. I have heard the learned advocate perused the impugned Judgment of the Courts below the papers and documents as available in the record. 12. The suit is for renewal of the lease agreement. The p..Category: Administrative Law | Date: | Hits: 175
Government of Bangladesh Vs. Abdul Malek, 2007, 36 CLC (HCD)
....the High Court Division, as a provisional Court except in certain exceptional circumstances, such as non consideration or misreading of the material evidence or misinterpretation or misreading of the relevant law affecting the entire merit of the case…………………………..(10) Mere entr...... substance in this Rule. Accordingly, the Rule is discharged. There will be no order as to cost. Send down the LC records at once. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 635. ...... evidence or misinterpretation or misreading of the relevant law affecting the entire merit of the case…………………………..(10) Mere entry in the record of right shall not create right and title over any property without any corroborative evidence and materials……………………......in question is a channel as per section 20 (2A) of the SAT Act, 1950 and, as such, the suit land is retainable by the Government and the plaintiff has miserably failed to prove his possession and the documents as adduced by the plaintiff are forged, collusive and illegal. 4. During trial the plai..Category: Procedural Law | Date: | Hits: 83
Nasrin Jahan (Parul) and others Vs. Khabir Ahmed and others, 2008, 37 CLC (HCD)
....s cruel throughout the time of subsistence of marital life and she was driven out of the house for dowry. If she was driven out for dowry. certainly the defendant No. 1 must be at his home during the relevant time but the evidence on record revealed that he was not at home. As regards cruelty, while......is place of service. The plaintiff No.1 replied to the battalion Commander stating that she was not willing to lead conjugal life with the defendant No.1 Exhibit Kha and Kha (1) along with some other papers which have not been marked exhibit support the defendant No.1's claim that he wants to lead c......t records. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 697. ......y attain majority from the defendant No.1 at the rate of Taka 1500 (fifteen hundred) per month. Send down the lower Court records. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 697. ..Category: Family Law | Date: | Hits: 114
Ocean Accessories Limited and another Vs. National Board of Revenue and others, 2010, 39 CLC (HCD)
....stances the amount so claimed was paid. 3. Mr. Mahmudul Islam, the learned Senior Counsel appearing with Mr. Mohammad Hossain on behalf of the petitioners after taking us with the petition and the relevant annexures thereto mainly submits that the impugned order so far it relate to the petitioner......y submits that he will not press for refund of the amount in question since it has been already paid up as mentioned in the petition. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 441. ......vision (Special Original Jurisdiction) Present: Md. Ashfaqul Islam J SM Emdadul Hoque J Ocean Accessories Limited, Represented by Managing Director, E-19/6, Merul Badda, Gulshan, Dhaka and another……………………Petitioner Vs. The National Board of Revenue, represented ......y submits that he will not press for refund of the amount in question since it has been already paid up as mentioned in the petition. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 441. ..Category: Fiscal/Taxation Law | Date: | Hits: 174
Razia Khanam Vs. Md. Shamuzzoha Khan & Others, 2007, 36 CLC (HCD)
....appeal, dismissing the suit on setting aside those dated 10.10.2004 passed by the learned Senior Assistant Judge, 3rd Court, Naogaon in Other Class Suit No.155 of 2003 decreeing the suit. 2. Facts relevant for disposal of the Rule are that the petitioner as plaintiff instituted Other Class Suit N....... III) Unauthorized enjoyment of leave. IV) Nonperformance of the resolution dated 23.08.2002 and 1.10.2002 and showing utter disobedience to the decision of the governing body and keeping some papers of college in her own residence. V) None taking steps for further extension of approval of......rs…………………………Defendant-Opposite party Judgment May 13, 2007. Result: The rule is discharged. Cases Referred to- Alhaj B.N. Khan (Degree) College Vs. Md. A. Rahim and others, 7 BLT (AD) 153; Bijoy Kumar Saha Vs. Deputy Commissioner, Chuadanga and others, 55 DLR 5...... granted by this Court dated 5.9.2005 is hereby vacated. 30. The office is directed to send down the lower Court's record at once. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 355. ..Category: Employment/Service Law | Date: | Hits: 118
Mohammad Shahidul Islam @ Mufti Shahidul Islam Vs. National Board of Revenue, 2008, 37 CLC (HCD)
....h factors being decisive of the matter. That is merely a mode of payment, but the MLAs by a vote retained the fund earmarked for purposes of disbursal for pay and allowances payable to them under the relevant statute. Therefore, even though MLA receives pay and allowances, he is not in the pay of th...... payments were received by the Government relating to import of the said vehicle and nothing was due from the petitioner against the said vehicle. The said vehicle was released from confiscation. The papers were annexed as Annexure-X1 series. Meanwhile, aforesaid criminal case was renumbered as Spec......17 Babar Road, Mohammadpur, Dhaka, Permanent address 1/D, 7/17, Mirpur, Dhaka-1612…………………Petitioner Vs. National Board of Revenue, represented by its Chairman, Segunbagicha, Dhaka and others…………………Respondents Judgment February 14, 2008. Result: The Rule ......ening a letter of credit dated 21.08.05, hereinafter referred to as the vehicle. After arrival of the vehicle in Bangladesh, the petitioner got it cleared on 06.09.06 by submitting necessary shipping documents and also a certificate issued by the Hon'ble Speaker of the Parliament dated 29.08.06 issu..Category: Fiscal/Taxation Law | Date: | Hits: 246
Eximpo Trading Limited Vs. MV Banglar Kakoli, 2007, 36 CLC (HCD)
....file the suit is extinguished and no longer in existence. Accordingly, the suit is dismissed. There shall be no order as to costs. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 463. ......file the suit is extinguished and no longer in existence. Accordingly, the suit is dismissed. There shall be no order as to costs. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 463. ......ng Corporation, 10 DLR 307; Albert David (Bangladesh) Ltd. Vs. Brestern Shipping Company Ltd, 1983 BLD 3 =34 DLR 362; Karachi Steam Navigation Vs. Ebrahim Gani, PLD 1957 (Karachi) 315; Konsumex Vs. Ananda and Co, AIR 1981 Calcutta 298; Chittagong Steamship Corporation Ltd. Vs. Central Insurance Comp......rned Advocate for the defendants, but he made no statement in the cross-examination contradicting any of the facts relating to the claim. 10. In support of his statements the PW 1 produced certain documents which were marked as Exhibit Nos. 1-9 with objections from the defendants on the ground th..Category: Limitation Law | Date: | Hits: 174
Mir Daulat Hossain and another Vs. Secretary, National Sports Council and others, 1998, 27 CLC (HCD)
.... Vs. Mohammad Abdul Mannan reported in 46 DLR (AD) 1. In that case the Appellate Division observed: "In dealing with the case of any employee the Board of Directors may take into consideration any relevant matter including allegations against him and it is for the Board to decide whether the empl......ting Nuruzzaman as Treasurer of the Shooting Federation is also set aside and the Rule is made absolute without any order as to cost. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 561. ......………………..Petitioner (Writ Petition No.614 of 1998) Nuruzzaman……………………………..Petitioner (Writ Petition No.689 of 1998) Vs. Secretary, National Sports Council and others………………………….Respondents (In both to Writ Petitions) Judgment May ......ting Nuruzzaman as Treasurer of the Shooting Federation is also set aside and the Rule is made absolute without any order as to cost. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 561. ..Category: Employment/Service Law | Date: | Hits: 100
Abdul Quader Farazi Vs. Chief Election Commissioner, Bangladesh & others, 1998, 27 CLC (HCD)
....s. In the result, the Rule is discharged without any order as to costs. The order of stay granted by this Court is hereby vacated. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 636. ......from the experience it is found that sometimes statutory functionaries on the spot do not make timely report as to any disturbance during poll or large scale rigging at the time of counting of ballot papers either through coercion or from dishonest motive. So, the general rule that when election has......iding officer or the returning officer did not make any complaint as to the manner of the voting, but from the result, the total votes appeared to have been so received by the petitioner figuring 876 and the number of total valid votes being 870, the obvious conclusion is that rigging took place. In......s. In the result, the Rule is discharged without any order as to costs. The order of stay granted by this Court is hereby vacated. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 636. ..Category: Election Law | Date: | Hits: 591
Paritosh Chandra Nag Vs. Bangladesh represented by Secretary, Ministry of Land, 2008, 37 CLC (HCD)
.... as requested by the demand of justice notice dated 12-7-2007 (Annexure-A) shall not be declared to be void and to have been made without any law full authority and is of no legal effect. 2. Facts relevant for the disposal of the Rule, in brief, are that the petitioners in this writ petition impu......, Dhaka gave notice to the Petitioner Nos. 2 and 3 as well as respondent Nos. 6, 7 and 8 and accordingly, both petitioners and the respondents appeared before the respondent No. 3 and submitted their papers and documents in support of their right in the properties. Thus, it is found that the writ pe...... This Case is also Reported in: 61 DLR (HCD) (2009) 214. ......e notice to the Petitioner Nos. 2 and 3 as well as respondent Nos. 6, 7 and 8 and accordingly, both petitioners and the respondents appeared before the respondent No. 3 and submitted their papers and documents in support of their right in the properties. Thus, it is found that the writ petitioners w..Category: Property Law | Date: | Hits: 107
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