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Afia Khatun Vs. Secretary, Ministry of Works and another, 1992, 21 CLC (HCD)

....authority inasmuch as it is consistent with Government policy. In the result, the Rule is discharged without any order as to cost. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 225. ......tsman on 1.9.77 under the Ministry of Law and Justice. The Petitioner was subsequently transferred to Ministry of Relief & Rehabilitation on 16.3.83 as Deputy Director and since then she has been holding the same post. The husband of the petitioner is also a public servant. He is also member of ..

Category: Property Law | Date: | Hits: 75

Shadat Ali and another Vs. State, 1991, 20 CLC (HCD)

....bail bond forthwith and serve out the remaining sentence passed against him. Let the records of the case be sent down expeditiously. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 217. ......ase. P.W.10 Dr. Md. M N Hoque Chowdhury is another doctor who examined, the victim Abdur Rahman P.Ws and also Amena Khatun, wife of accused Shadat Ali. In this case P.W.8 Dr. Md. Albabur Rahman after holding the post‑mortem examination of the dead body of deceased Akram Ali on 10.8.1985 at about 1..

Category: Criminal Law | Date: | Hits: 73

Chairman, Bangladesh Parjatan Corporation and others Vs. Md. Shafiqul Islam and others, 2010, 39 CLC (AD)

....eparation of the Paper book is dispensed with as prayed for. The order of stay granted earlier be extended till disposal of the appeal. Ed. This Case is also Reported in: VIII ADC (2011) 645. ......he Service Regulation terminated the respon­dent and the High Court Division was proper in failing to look into the terms of the rule and to see the legality or illegality of the termina­tion order holding, inter alia, that the Corporation committed illegali­ty in collecting the service charge fr..

Category: Employment/Service Law | Date: | Hits: 109

Aminul Islam Vs. S. M. Habib alias Dulal and others, 2011, 40 CLC (AD)

....book is dispensed with as prayed for Parties arc directed to maintain sta­tus quo as regards the possession till disposal of the appeal. Ed. This Case is also Reported in: VIII ADC (2011) 631. ...... P.W.3 and the scribe P.W.4 and, therefore, whether the judgment and decree of the High Court Division are not sustainable in law. ii. Whether the High Court Division committed an error of law in holding that the suit was not maintainable as it disclosed no cause of action because the plaintiff ..

Category: Property Law | Date: | Hits: 51

Zeenat Textile Mills Ltd. Vs. Chairman, Third Labour Court, Dhaka and another, 1991, 20 CLC (HCD)

....d Labour Court, Dhaka in Complaint Case No.25 of 1984 to have been made without lawful authority and the same is of no legal effect. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 213. ......d illegally. It may be mentioned the Labour Court did not find that the Domestic Tribunal did not comply with the requirement of section 18 of the Standing Orders Act which provides the procedure for holding domestic enquiry. 11. The learned Advocate appearing for the respondent No.2 has submitte..

Category: Labour and Industrial Law | Date: | Hits: 172

Dulal Mia Vs. State, 1991, 20 CLC (HCD)

....r, Sylhet till disposal of the case. We also direct expeditious trial of the case. Let the records of the case be sent down at once. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 209.......or the appellants on the ground of alleged discrimination. 10. Now, let us consider the last submission of the learned Advocate for the appellants about the alleged inordinate and unusual delay in holding the trial. We have gone through the order‑sheet of the case and we find that the appellant..

Category: Criminal Law | Date: | Hits: 68

Halima Bibi Vs. The Chairman & another, 1992, 21 CLC (HCD)

....o legal effect. The property in question stands excluded from the list of abandoned property. We, however, make no order as to cost. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 197.......rring the property in question in any manner. 3. Facts giving rise to this rule may briefly be stated thus: Petitioner is an old lady and a citizen of Bangladesh. Building situated at Municipal holding No.3. Bhitar Bari Lane, PS Kotwali, Dhaka corresponding to CS Khatian No.2718, Plot No.134, ..

Category: Property Law | Date: | Hits: 64

Moulvi Gholam Moula Vs. Secretary, Ministry of Education, 1992, 21 CLC (HCD)

....le to petitioner to get the appeal heard by Respondent No.1. In view of this matter the petitioner is entitled to relief sought for. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 195.......y of Education which constituted a Committee of 3 responsible officers who came to the conclusion that Pesh Imam is a man of questionable character and the Committee submitted a report with a finding holding him responsible for misdeed and as such the Pesh Imam was guilty of the charges. 8. The l..

Category: Administrative Law | Date: | Hits: 164

Kudrat‑E‑Elahi Panir and others Vs. Bangladesh, 1991, 20 CLC (HCD)

....nterpretation of the Constitution, particularly, Articles 7(2), 8(2), 9 and 59 read with the first item of Article 152(1) thereof. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 179. ......ding anything contained in any Local Government Law, on the commencement of that Order, all the Local Councils and Municipal Committees in Bangladesh would stand dissolved and that all the persons holding office as Chairman, Vice‑Chairmen, Members and Administrators of such Local Councils and ..

Category: Constitutional Law | Date: | Hits: 461

Bangladesh Public Service Commission and another Vs. Maloti Rani Mondol, 2011, 40 CLC (AD)

....e to appeal is liable to be dismissed. In the circumstances the Civil Petition for leave to appeal be dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 609, 17 MLR (AD) (2012) 104.......e Administrative Appellate Tribunal, after hearing both the parties and considering the facts and circumstances, allowed the appeal setting aside the judgment and order of the Administrative Tribunal holding mainly that there was no legal evidence on record to prove the guilt of the petitioner befor..

Category: Administrative Law | Date: | Hits: 210

Md. Bande Ali Miah Vs. Chief Engineer, Housing and Settlement, 2011, 40 CLC (AD)

....leave to appeal, therefore, does not merit any consideration. In the circumstances this civil petition for leave to appeal be dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 604.......mals of land in favour of the plaintiff by a registered deed and the plaintiff was also inducted into the possession of that land and since then the plaintiff had been residing in that land by paying holding tax regularly. In 1979 and lastly on 19.03.1991 the defendants threatened the plaintiff with..

Category: Property Law | Date: | Hits: 65

S. M. Zakir Hossain Vs. Bangladesh repre­sented by its Secretary, Ministry of Education and others, 2011, 40 CLC (AD)

....d on proper appre­ciation of law and facts and as such call for no interference. The leave petition is thus dismissed summarily. Ed. This Case is also Reported in: VIII ADC (2011) 600. ......n remains the controlling and regulating authority and that the National University authority is required to abide by notifica­tion dated 2.4.2003 and that the High Court Division committed error in holding that the notification dated 2.4.2003 issued by the Ministry of Education has no manner of ap..

Category: Employment/Service Law | Date: | Hits: 108

Md. Moktad Hossen Majumdar Vs. Md. Golam Mostafa Majumdar, 2011, 40 CLC (AD)

..... This civil petition for leave to appeal has got no merit. In the circumstances this civil petition for leave to appeal is dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 596. ...... 4. Both the parties adduced some evidence before the trial court in order to prove their respective cases. The trial court, on consid­eration of those evidence, dismissed the suit of the plaintiff holding that the plaintiff could not prove the offer, acceptance, set­tlement of price and cause of..

Category: Property Law | Date: | Hits: 74

Mosammat Moslema Khatoon Vs. Most. Rasheda Khatoon and others, 2011, 40 CLC (AD)

....f both the Courts below and rightly dismissed the suit. Evidently, there is no merit in this leave petition and hence it is dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 583. ......sessing the suit land on the strength of her right and title. 4. The learned Assistant Judge, on consid­eration of the evidence adduced by the parties, decreed that Other Class Suit No.43 of 1989 holding only that in the Partition Suit No.194 of 1984 the present plaintiffs were not served with t..

Category: Property Law | Date: | Hits: 80

Mafizur Rahman Vs. Joynal Abedin and others, 1992, 21 CLC (HCD)

....ecords expeditiously. Let a copy of the judgment be sent to the learned Subordinate Judge at his present station for his guidance. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 158. ......ovisions of this Ordinance. In this case admittedly the decision of the Village Court was by four to one and, therefore, was not amenable to the jurisdiction of the learned Munsif. The learned Munsif holding so dismissed the Misc. Case. But to meet the grievance of the present petitioner the learned..

Category: Property Law | Date: | Hits: 74

Moqbul Hossain Bakul and others Vs. Mohammad Ali and others, 1998, 17 CLC (HCD)

....aintain status quo in respect of the possession of the suit property is hereby vacated. Send down the lower court records at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 307. ......s son in defendant Nos.1 and 2, daughters namely, Ayesha and Adarunessa who become owners in possession of the property left by Abdul Quadir, It is their further defence that another co sharer of the holding Alak Jan was owner in possession of 2 annas 13 gandas I Kara 1 Kranti share which comes to 6..

Category: Property Law | Date: | Hits: 65

Hindu Deity Lakshmi Gobinda Jew Vs. Deputy Custodian, Enemy Property, Government of Bangladesh and others, 1998, 17 CLC (HCD)

....t be treated as abandoned property or vested property (enemy property) by the defendants. Send down the lower Court records at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 300.......to how the suit property became the secular property of Suresh Chandra Roy, and the plaintiff being in continuous peaceful possession of the same all through, the learned Courts below erred in law in holding on mere surmises and conjectures that the suit property was the personal property of Suresh ..

Category: Property Law | Date: | Hits: 102

Hosna Jahan (Munna) Vs. Md. Shajahan (Shaju) and others, 1998, 17 CLC (HCD)

....ccordingly, this application is rejected. The Family Court is directed to dispose of the suit on merit without any further adjournment. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 295.......further proceedings of Family Suit No.27 of 1996 till disposal of Nari-O-Shishu Nirjatan Case No.8 of 1996. The learned Senior Assistant Judge by order dated 8-1-98 rejected the application for stay, holding, inter alia, that the nature and character of the 2(two) cases are entirely different. Thoug..

Category: Family Law | Date: | Hits: 166

Chan Mia (Md.) Vs. Rupnahar, 1998, 17 CLC (HCD)

....d that the impugned judgment and decree suffer from any illegality or error of law. The application is therefore summarily rejected. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 292. ......rising out of a suit being Family Courts Suit No.17 of 1993 filed by the wife for the restitution of conjugal rights, realisation of dower and for maintenance. 2. The Family Court decreed the suit holding that the defendant-petitioner (husband) and the plaintiff-opposite party (wife) are lawfully..

Category: Family Law | Date: | Hits: 166

Santi Gopal Dey and others Vs. Maliza Rani Saha and others, 1998, 17 CLC (HCD)

....urnments to the parties except on most convincing grounds. Communicate the order to the learned Assistant Judge, Narshingdi at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 290.......measures affecting the merit of the suit cannot be allowed keeping the contesting defendant in the dark. The learned Assistant Judge evidently erred in law in allowing amendment of the plaint and the holding of the local investigation beyond the knowledge of the defendants. The impugned decree is th..

Category: Procedural Law | Date: | Hits: 58