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Chairman, Rajdhani Unnayan Kartipakha Vs. Ramjan Ali and others, 2006, 35 CLC (HCD)
....ision No.3037 of 2003. Judgment Zinat Ara J.-In this Civil Revision under section 115 of the Code of Civil Procedure, the petitioners called in question the legality of the judgment and decree dated 13.1.2003 passed by the Additional District Judge, 6th Court, Dhaka in Title Appeal No.301 of ......17½ decimals of land in the eastern side of the plot i.e. the suit land by constructing a semi pucca tin shed thereto. Defendant no.2 Rajdhahni Unnayan Katripakha (shortly, RAJUK) served an eviction notice upon the plaintiffs on 2nd August, 1999 which resulted in the suit. 3. Defendant petitione......ge, 6th Court, Dhaka in Title Appeal No.301 of 2000 reversing the judgment and decree dated 7.5.2000 passed by the Assistant Judge, 2nd Court, Dhaka in Title Suit No.255 of 1999. 2. Facts relevant for disposal of this Rule, in brief, are as under: The plaintiff opposite parties had filed Title..Category: Property Law | Date: | Hits: 56
Momin Miah & others Vs. Md. Shafiullah Patwari and others, 2007, 36 CLC (HCD)
....econd-Fourth: opposite parties and other persons as defendants instituted a suit being Title Suit No.10 of 1996 in the Court of Assistant Judge, Kachua, Chandpur for a declaration that ex parts order dated 24-4-1988 recorded in Pre-emption Miscellaneous Case No.66 of 1984 is fraudulent, illegal, col......ept service of process must be in writing. In Messers Idrees Barry and Co Vs. Commissioner of Income Tax, West Pakistan PLD 1960 (WP) Lahore 852 it has been stated that authority to accept service of notice as agent must be in writing. In Hazari Dasi Vs. Daiba Charan Mandal, 26 DLR 3 it has been hel......Mandal, 26 DLR 3; Abdur Rashid Vs. Abdul Barik, 35 DLR (AD) 162 = 1984 BLD (AD) 83 . Lawyers Involved: Shah Monzurul Hoque, Advocate - For the Petitioners. Mohammad Abul Kashem Bhuiyan for AB Roy Chowdhury, Advocate - For Opposite Party No.1. Civil Revision No.5369 of 2000. ..Category: Property Law | Date: | Hits: 64
Advocate Manzill Murshid and others Vs. Bangladesh, 2011, 40 CLC (HCD)
....the 7th meeting of the Parliamentary Standing Committee, held on 7.5.2009, and a sub committee was formed, consisting five Parliament Members. The sub committee discussed the matter in their meeting, dated 11.6.2009, 9.12.2009 and 11.1.2010. Taking into account all the attendant, introspective and a......g organism. It is based on a factual and social reality that is constantly changing. Sometimes the change is drastic and easily identifiable. Sometimes the change is minor and gradual, and can not be noticed without the proper distance and perspective. Law’s connection to this fluid reality implie......D 104); Gouriet Vs. Union of Post Office Workers, 1978, AC 435; Associated Provincial Picture Houses Ltd. Vs. Wednessbury Corporation (1948, 1KB 223);Council of Civil Service Association Vs. Minister for Civil Service, Popularly Known as GCHQ Case (1985 AC 374); Padfield Vs. Minister of Agriculture ..Category: Constitutional Law | Date: | Hits: 413
....ultaneously and are being disposed of by this common judgment as the facts therein are similar, and the law involved and parties are same.
2. The Rules were issued to examine the legality of order dated17.8.2011 passed by the Zonal Settlement Officer, Comilla in Miscellaneous Case Nos.12-13 of 20......clared to have been passed without lawful authority and is of no legal effect.
Communicate a copy of the judgment.
Mohammad Bazlur Rahman J. - I agree.
Ed.
This Case is also Reported in:
......ases and thereby canceling D.P. Khatian Nos. 1712 and 1713 prepared in the names of writ petitioners in compliance with a common order passed in Appeal Nos.6282 and 6284 of 2010.
3. Facts relevant for disposal of the Rules, in brief, are that the land measuring 69 decimals or thereabout appertain..
Category: Property Law | Date: | Hits: 65
Sonali Bank and another Vs. Chandon Kumar Nandi, 1994, 23 CLC (HCD)
.... For the Opposite Party. Civil Revision No.5023 of 1991. Judgment Md. Sirajul Islam J.- This Rule at the instance of the defendant-petitioner was directed against the Judgment and decree dated 4‑3‑86 and 10‑3‑86 respectively passed by the District Judge, Comilla in Title Appeal ......sfaction of the authority. But due to a general strike, he could not attend office on 10‑9‑81 and 11‑9‑81 and so his service was terminated by the above mentioned letter dated 19‑9‑81. No notice was served upon him before terminating his service. Hence, the termination of his service is ......e absolute. Civil Court had no jurisdiction to entertain the suit of a 'worker' as defined in the Employment of Labour (Standing Orders) Act, 1965 as the remedy of his grievance lies in a separate forum, the Labour Court................................(20) Cases Referred to- Abdul Mannan Si..Category: Labour and Industrial Law | Date: | Hits: 137
....itioner.
MA Sobhan, Advocate ‑ For the Respondent No.1.
Writ Petition No.1791 of 1990.
Judgment
Kazi Ebadul Hoque J.- In this Rule at instance of the petitioner Abdul Haque Sikder order dated 1‑2‑84 (Annexure‑'O') dismissing the petitioner from service is under challenge.
2. A...... charges and, as such, appellant authority acted illegally in dismissing the appeal. He further submitted that copy of the inquiry report was not supplied to the petitioner with the second show cause notice and, as such, he was prejudiced in his defence to the second show cause notice.
3. Learned......……………Respondents
Judgment
June 13, 1996.
Result:
The Rule is discharged.
Writ petition at the instance of a worker is not maintainable as he has equally efficacious remedy before the Labour Court..................(7)
Lawyers Involved:
Abdul Quiyum with SM Razaul Karim..
Category: Labour and Industrial Law | Date: | Hits: 228
Md. Golam Mostafa Vs. State, 2010, 39 CLC (HCD)
....upon opposite Party to show cause as to why the proceedings against the petitioner in Special Case No.24 of 2004 arising out of G.R. Case No.155 of 2000 (Sadar) corresponding to Bogra P.S. Case No.49 dated 13.02.2000 under sections 406/420/409/109 of the Penal Code, now pending before the Court of S......of 2000 and the findings recorded in the said Judgment, as because we do not consider these documents as defence material. Rather, we considered these as public documents of which this Court can take notice of, rather should take notice of, if considered relevant, in arriving at the decision while d......r in Special Case No.24 of 2004 arising out of G.R. Case No.155 of 2000 (Sadar) corresponding to Bogra P.S. Case No.49 dated 13.02.2000 under sections 406/420/409/109 of the Penal Code, now pending before the Court of Special Judge, Bogra, should not be quashed and/or such other or further order or ..Category: Criminal Law | Date: | Hits: 97
Sultana Jute Mills Ltd. and another Vs. Bangladesh Bank and others, 2007, 36 CLC (HCD)
....ies of the petitioners. As a result, the Board of Directors of the respondent No.3 approved the terms and conditions for the settlement of the petitioners' liabilities and respondent No.3 vide letter dated 25.2.1995 communicated the terms and conditions of the compromise. The petitioner by a letter ......ous facilities from various banks, which is causing a total disruption and stoppage in the business of the petitioners. The CIB Report has been published bythe respondentNo.1 periodically without any notice to the petitioners and it has been also circulated to all banks behind the back and knowledge......s discharged. Lawyers Involved: Akter Imam with Shiekh Hasan Arif Advocates - For the Petitioners. Md. Asadullah witn Khalleda Sultana Nur, Advocate - For the respondentNo.1 Zaforullah Chowdhury, Advocate - For the respondent No.3. Writ Petition No.1763 of 1999. J..Category: Civil Law | Date: | Hits: 112
Hachina Begum and others Vs. Abdul Mannan and others, 2010, 39 CLC (HCD)
....s. Abdul Mannan and others………………………………….Respondents Judgment August 2, 5, 8, 2010. Result: The appeal is allowed. The limitation will start not from the date of publication of record of right, so long any dispute as to title and possession is not raised...... we do not find any substance in the last branch of argument of Mr. Abdul Quayum that the kabuliyat (Ext. 1) is an unregistered document particularly when the same is nobody's case. 32. As already noticed that at the trial both the parties led evidence to prove their title and possession over the......s of the case, in-short, are that the present appellants as plaintiffs instituted a suit being Title Suit No.23 of 1978 in the Court of Subordinate Judge, 2nd Court, Barisal impleading the defendants for declaration of title on the averments that one Abdul Kader Mia, the predecessor of the plaintiff..Category: Property Law | Date: | Hits: 146
M/s. Sonali Agency Vs. Chairman, National Board of Revenue and others, 2008, 37 CLC (HCD)
....tioner. Kazi Jinat Huq, Assistant Attorney General -For the Respondents. Writ Petition No.6427 of 2001. Judgment Mohammad Abdur Rashid J.-The above Rule Nisi was obtained against an order dated 04.06.01 passed by respondent No.3, Inspecting Additional Commissioner of Taxes by which the p......tribution of the capital to the fund of the firm stood at 32,52,297.00. 3. The petitioner accordingly, submitted his income tax return as an individual for the assessment year 1998-99. Pursuant to notice under Section 83(1) and 79 an authorized representative on behalf of the petitioner appeared ......titioner paid further 13,75,000.00. Total contribution of the capital to the fund of the firm stood at 32,52,297.00. 3. The petitioner accordingly, submitted his income tax return as an individual for the assessment year 1998-99. Pursuant to notice under Section 83(1) and 79 an authorized represe..Category: Fiscal/Taxation Law | Date: | Hits: 94
Md. Hafizur Rahman and others Vs. Government of Bangladesh and others, 2012, 41 CLC (HCD)
....respondent No.5. Writ Petition No.4223 of 2004. Judgment Md. Ruhul Quddus J. - This Rule nisi was issued calling in question a notification published in Bangladesh Gazette extraordinary dated 10.6.2004 being S.R.O. No.191 Ain/2004 communicated with a covering letter as contained in Mem...... they made draft publication of demarcation of wards by Memo No.743 (50) dated 3.11.1999 and invited written suggestion or objections thereto, if any, within 15 (fifteen) days from publication of the notice (annex-D). 5. Thereafter, the Government in the Ministry of Local Government, Rural Develo......ation was duly made following the rules and procedure and inviting prior suggestion and objections by the Deputy Commissioner, Brahmanbaria. Subsequently the Government, after observance of all legal formalities declared Nabinagar Municipality to have been established comprising the said area by a n..Category: Civil Law | Date: | Hits: 131
Shahidul Haque and others Vs. Bangladesh and others, 2012, 41 CLC (HCD)
.... have been heard analogously and are being disposed of by one judgment. 2. The Rule in Writ Petition No.9390 of 2010 was issued challenging an order as contained in Memo No. MC/TO-2/A- 55/89(2)586 dated 29.11.2010 signed by the Director of Trade Organizations and Deputy Secretary, Ministry of Com......n passing the impugned order, respondent No.2 did not comply with the mandatory provision of section 10 (1) of the Trade Organization Ordinance, 1961 (hereinafter called the Ordinance) by serving any notice in writing and affording the existing executive committee any opportunity to make representat......tion No. 9390 of 2010). Writ Petition No.9390 of 2010. with Writ Petition No.9394 of 2010. Judgment Md. Ruhul Quddus J. - Since there is an order in Writ Petition No.9394 of 2010 for its hearing analogously with Writ Petition No.9390 of 2010 and the issues involved in both the w..Category: Civil Law | Date: | Hits: 114
Md. Raqib Sheikh Vs. State, 2005, 34 CLC (HCD)
....l with Parvin Hannan, Assistant Attorney-General - For the Respondent. Criminal Appeal No.2085 of 2000. Judgment AKM Fazlur Rahman J.- This appeal is directed against the Judgment and order dated 13.8.2000 passed by the Additional Sessions Judge, 4th Court, Khulna in Sessions Case No.172 o......or one month. Send down the lower Court's records at once with a copy of this Judgment for information and taking necessary action. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 57. ......ns Judge, 4th Court, Khulna in Sessions Case No.172 of 1998 convicting the appellant, and absconding accused Ful Baru under section 314/34 of the Penal Code and sentencing them to suffer imprisonment for life and to pay a fine of TK. 10,000/- each, in default of payment of which to suffer further ri..Category: Criminal Law | Date: | Hits: 69
Md. Omar Faruque Vs. State and another, 2007, 36 CLC (HCD)
....dul Awal J.- This Rule was issued on an application under section 561A Cr.P.C calling upon the Deputy Commissioner, Kushtia to show cause as to why the proceeding of Kushtia Police Station Case No.28 dated 22.03.2004 under sections 406/420 of the Penal Code now pending in the Court of Magistrate, 1s......enal Code now pending in the Court of the Magistrate, 1st Class, Kushtia is quashed. Communicate the order to the Court concerned. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 318. ......as to-this-Court may seem fit and proper. 2. The facts of the case, in short, is that on 22.03.2004 at about 22.50 hours one Md. Akhtaruzzaman, Manager (Production), BRB Cable Industries Ltd. as informant lodged an ejahar with Kushtia Police Station alleging, inter-alia, that accused Md. Omar Far..Category: Criminal Law | Date: | Hits: 92
Labai Pramanik @ Nabab Ali Vs. State, 2005, 34 CLC (HCD)
....peal No.1091 of 1999. Judgment Md. Abdul Wahhab Miah J.-This appeal has been filed by the convict appellant Labai Pramanik @ Nabab Ali against the judgment and order of conviction and sentence dated 30.9.91 passed by the learned Additional Sessions Judge, Pabna, in Sessions Case No.49 of 1990......lant be set at liberty at once, if not wanted in connection with any other case. Send down the lower court's records immediately. Ed. This Case is also Reported in: 27 BLD (HCD) (2007) 156. ......tence dated 30.9.91 passed by the learned Additional Sessions Judge, Pabna, in Sessions Case No.49 of 1990 convicting him under section 302 of the Penal Code and sentencing him to suffer imprisonment for life and also to pay a fine of taka 10,000/- in default to suffer rigorous imprisonment for one ..Category: Criminal Law | Date: | Hits: 80
Md. Arfan Khan Vs. Bangladesh and others, 2012, 41 CLC (HCD)
....iates’ Welfare and Overseas Employment Affairs cancelled his license and forfeited security money deposited against the same by an order as contained in Memo No. 49.008.011.1105.252.2010-372/16 (5) dated 15.9.2011 (annex-C to the writ petition) signed by the Deputy Secretary, Branch-8 of the Minis......1 (annex-C to the writ petition) signed by the Deputy Secretary, Branch-8 of the Ministry (herein respondent No.6). The writ petitioner claimed that the order was passed without serving him any prior notice and assigning him any reason whatsoever. 3. Bangladesh represented by the Secretary, Minis......g agent was issued calling in question the legality of an order passed by the Government in the Ministry of Expatriates’ Welfare and Overseas Employment Affairs canceling his recruiting license and forfeiting security money deposited against the same. 2. Facts leading to this Rule, in brief, ar..Category: Constitutional Law | Date: | Hits: 407
.... and recognized Tajul Islam as a martyr freedom fighter and recommended state honorarium with other facilities which he (Nur Ahmed) was entitled to get under the Regulations, 1984. The inquiry report dated 7.4.1990 (annex: F-1) runs as follows:
“বাংলাদেশ মুক্তিযো......ll the officials of the Trust did not proceed to grant any honorarium to Nur Ahmed. Ultimately the unfortunate father died on 10.12.2001. After his sad demise, petitioner 1 Bahar Uddin Ahmed served a notice demanding justice upon the respondents (annex-M) calling upon them to pay state honorarium to......
J. K. Paul, Advocate-For respondent Nos.2-4.
Writ Petition No.8354 of 2010.
Judgment
Md. Ruhul Quddus. - This Rule at the instance of the legal heirs of a martyr freedom fighter was issued for a direction upon the respondents to give them monthly state honorarium and other benefits, issue..
Category: Others | Date: | Hits: 103
Md. Shawkat Ali Vs. Director General and others, 2010, 39 CLC (HCD)
....salaries from the month of May, 2005 as shown in the Monthly pay Order of May, 2005 and onward. Communicate this judgment at once. Ed. This Case is also Reported in: 18 BLT (HCD) (2010) 303. ......ppearing for the petitioner submits that although the stoppage of payment of the Government portion of the salary is a punishment but before imposing such punishment the respondents did not issue any notice thereby they violated the principle of natural justice. The decision of withholding the payme......he petitioner then contacted the Principal of the College who showed him the Monthly Payment order of May, 2005 wherefrom he found that there is a remark in M.P.O. sheet with the effect "stop payment for teachers and employees". The petitioner submitted representation to get release of the monthly p..Category: Employment/Service Law | Date: | Hits: 119
Md. Rakibul Islam and others Vs. Anwar Hossain and another, 2009, 38 CLC (HCD)
....9. Judgment Faruque Ahmed J.- This rule at the instance of the plaintiff petitioners was issued calling upon the opposite parties No.1-2 to show cause as to why the impugned judgment and decree dated 24.09.1998 and 29.09.1998 respectively passed by the learned Subordinate Judge, 2nd Court, Sha......as been discharged so the connecting rule in C. Rule No.551(R) of 1999 is also discharged. Send down the L.C. Records immediately. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 395. ......the court of Assistant Judge, Bhederganj, District Shariatpur against defendants Anwar Hossain Gazi, Shahanara Begum and Government of the People's Republic of Bangladesh as defendant Nos. 1, 2 and 3 for specific performance of contract for selling 1.95 acres of land for a consideration of Tk. 15,00..Category: Property Law | Date: | Hits: 103
Haji Azizur Rahman and others Vs. Syeedul Haque Chowdhury, 1985, 14 CLC (HCD)
....bsp; Judgment Md. Abdul Jalil J.- This Rule issued at the instance of the accused petitioners calls in question an order dated 16.4.1984 passed by the Assistant Sessions Judge, 2nd Court, Chittagong deemed to have been ap......r the Rule is discharged. Let the lower Court's records be sent down at once. Fazle Hussain Mohammad Habibur Rahman J.- I agree. Ed. This Case is also Reported in:38 DLR (HCD) (1986) 4. ......(corresponding more or less to those of section 265C Cr.P.C.) clearly provides that the Magistrate has to consider and by explicitly providing in the said section the expression "record his reasons for doing" the legislature has made it obligatory for the Magistrate to give his reasons for finding..Category: Procedural Law | Date: | Hits: 78
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