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Chairman, Bangladesh Forest Industries Development Corporation (BFIDC) and another Vs. Md. Hatem Ali and others, 2011, 40 CLC (AD)

....urt Division made the Rule absolute and as such the impugned judgment and order should be set aside. 9. Mr. Chowdhury Md. Jahangir, learned Advocate-on-Record for the writ petitioner, on the other hand, submits that the High Court Division on consideration of materials on record came to a definit......birth as per the duplicate Secondary School Certificate the writ petitioner filed the Writ Petition and obtained the Rule Nisi. 5. Respondent Nos.2 to 5 filed a joint affidavit-in-opposition controverting the material statements made in the writ petition. Their case, in short is that in filling ......y ground to interfere with the decision of the High Court Division. Accordingly, the appeal is dismissed. There is no order as to costs. Ed. This Case is also Reported in: 9 ADC (2012) 169. ..

Category: Employment/Service Law | Date: | Hits: 739

Government of Bangladesh and others Vs. Dhaka Match Industries Co. Ltd. and others, 2011, 40 CLC (AD)

....foresaid rented godown, suddenly the local police led by a Magistrate deputed by respondent No.4 (DC) sealed the main entrance of the factory premises including the leased godown of the applicant and handed over the key to the local Shyampur Police Station. (h) After that, the applicant upon enqu...... (Civil) Present: Md. Muzammel Hossain CJ Surendra Kumar Sinha J Md. Abdul Wahhab Miah J Nazmun Ara Sultana J Syed Mahmud Hossain J Muhammad Imman Ali J Md. Shamsul Huda J Government of Bangladesh and others.................Petitioners Vs. Dhaka Match Industries Co. ......main entrance of the factory premises including the leased godown of the applicant and handed over the key to the local Shyampur Police Station. (h) After that, the applicant upon enquiry with the management of writ petitioner No.1 came to learn that writ petitioner No.1 was a disinvested company..

Category: Civil Law | Date: | Hits: 131

Engineer A. B. Siddique Vs. Kazi Akramuddin and others, 2011, 40 CLC (AD)

....the said order of dismissal the appellant has not taken any step. On 19.08.2004 writ-respondent No.6 wrote a letter to writ-respondent No.5 seeking direction in respect of execution of lease deed and handing over possession of the allotted land to the writ-petitioner. Since handing over of possessio...... order of dismissal the appellant has not taken any step. On 19.08.2004 writ-respondent No.6 wrote a letter to writ-respondent No.5 seeking direction in respect of execution of lease deed and handing over possession of the allotted land to the writ-petitioner. Since handing over of possession of the......paration of paper book is dispensed with as prayed for. The order of status quo granted earlier be extended till disposal of the appeal. Ed. This Case is also Reported in: 9 ADC (2012) 279...

Category: Property Law | Date: | Hits: 79

Dr. Professor MA Hadi Vs. Bangladesh and others, 1997, 26 CLC (HCD)

....herefore, Article 52 of the President’s Order 11 of 1973 is not applicable in his case. 7. Mr. Abdul Halim Chaklader, the learned Advocate appearing for the respondent Nos. 2 and 3, on the other hand, contested the Rule on the ground of its maintainability. He has submitted that equally efficac......n cancelled the impugned order by an order dated 9-9-96 (Annexure- to the Supplementary Affidavit). Since a stay order was granted along with the Rule by this Court on 26-8-96 the petitioner presided over several meetings as the Dean of Medicine, held between 9-2-97 to 10-5-97. The petitioner, also ......e the writ petition is discharged on the ground of maintainability we do not think it is necessary to go into the merits of the case. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 218. ..

Category: Employment/Service Law | Date: | Hits: 120

Raquibuddin Ahmed Vs. SAM Iqbal and another, 1997, 26 CLC (HCD)

.... August 6, 1997. Result: The Rule is made absolute. Lawyers Involved: Mainul Hosein with Rokanuddin Mahmud, Mubina Asf Rahman and Humayun Kabir Bulbul Advocates - For the Petitioner. Khandaker Mahbubuddin Ahmed with SM Moonir, Advocates - For the Contemner-Opposite Parties. Civil ......4-94 the petitioner submitted a reminder to the contemner No.1 personally requesting him to accept his joining letter dated 31-3-94 which is annexed as Annexure-F to the contempt petition. On 3-5-94 government in the Ministry of Shipping for the second time directed the contemner No.1 to implement t......ue, General Manager (Admn.) and Acting Secretary. In this letter also in concluding paragraph No.12 the petitioner stated as follows: “I would, therefore, once again most fervently urge upon the management to accept my joining report and allow me to join the Corporation as Secretary by cancelin..

Category: Others | Date: | Hits: 142

Rieta Rahman Vs. Bangladesh, represented by the Secretary, Ministry of Home Affairs, Government of People’s Republic of Bangladesh and others, 1996, 25 CLC (HCD)

....esh Embassy in Manila as the Minister and Charged on 28-2-95. While the detenu was serving as Charge d’Affaires of Bangladesh Embassy in Manila, he received an order by Fax on 30-6-96 asking him to hand over the charge within 12 hours and report to the Head Quarter at Dhaka by 8th July, 1996. In c......ecial Original Jurisdiction) Present: Md. Mozammel Hoque J Md. Abdul Matin J Rieta Rahman…………Petitioner Vs. Bangladesh, represented by the Secretary, Ministry of Home Affairs, Government of People’s Republic of Bangladesh and others……………Respondents Judgment N......release the detenu forthwith if not wanted in connection with any other case. Let an advance order of release be issued immediately. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 201...

Category: Criminal Law | Date: | Hits: 76

Bashir Kha Vs. State, 1998, 27 CLC (HCD)

....fully escaped from the place of occurrence. But the other PWs did not support the informant on this point. It is interesting to note that the accused was alone at the time of occurrence. On the other hand, 6/7 employees were present at the time of occurrence in the place of occurrence. PW 3 stated t......et aside. The petitioner is acquitted of the charge and also discharged from his bail bonds. Send down the lower Court records at once. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 199.......et aside. The petitioner is acquitted of the charge and also discharged from his bail bonds. Send down the lower Court records at once. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 199...

Category: Criminal Law | Date: | Hits: 58

Habibur Rahman alias Md. Habibur Rahman and another Vs. Mobarak Ali Rari and others, 1997, 26 CLC (HCD)

....rred with the findings of the trial Court and the same has occasioned failure of justice. 6. Md. Khurshid Alam Khan, the learned Advocate appearing for pre-emptee-opposite party No.1, on the other hand, submits that the learned Court below on proper and detailed consideration of the evidence on r......ion 96 The period of ignorance as to the sale of a land sought to be pre-empted can not extend to 12 years when the pre-emptee had been cultivating the land within the sight of the pre-emptor for over a decade. [Anil Kumar and others Vs. Syed Hafeez Moinuddin and others, reported in 35 DLR 39]........on case fails and the Rule is discharged without any order as to costs. Send down the LC records, at once. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 55; 50 DLR (HCD) (1998) 193. ..

Category: Property Law | Date: | Hits: 78

Khodeja Begum & others Vs. Md. Sadeq Sarkar, 1994, 23 CLC (HCD)

....te Party. Civil Revision No.5195 of 1991. Judgment Muhammad Abdul Mannan J.- This Civil Revision is directed against the Judgment and Decree dated 23-3-1986 passed by the Subordinate Judge, Chandpur in Title Appeal No.125 of 1984 reversing those of dated 29-8-1984 passed by the Munsif, Matl......nter-affidavit and submitted before the Court but he did not say a word regarding that statement of fact of marriage of defendant 1 with another man which indicates that it is a true fact. 18. Moreover, the defendant petitioner filed a supplementary affidavit before this Court with a copy to the ......stitution of conjugal rights at present and in future filing of such suits. Let the records of this case be sent down immediately. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 181. ..

Category: Family Law | Date: | Hits: 185

Syed Masud Ali and others Vs. Md. Asmatullah and others, 1978, 7 CLC (AD)

....first schedule land of the plain if the plaintiff so desires to proceed. In the circumstances of the case, we make no order as to costs. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 249.......in the plaint require reproduction. All that need be stated is that in the Court of Munsif, the plaintiff has divided the suit properties under two schedules land has claimed ownership and possession over both of them. With regard to the first he has sought a declaration of his title but with regard......trict Judge and a revision therefrom to the High Court which has been made final. Under Section 34, the Administrator may take over waqf property by a notification and assume administration, control, management and maintenance of the property. A notification made under section 34 is challengeable un..

Category: Trust/Waqf Law | Date: | Hits: 136

Mokarrom Hossain Daradi Vs. State, 2011, 40 CLC (AD)

....a fide businessman who was granted lease of 155 acres land by the Government for establishing Fishery Firm and in due process after registration of the deed, the petitioner requested the authority to hand over the possession of the land, but the authority with different pleas has taken dilatory tact...... the Code of Criminal Procedure filed before the High Court Division, the petitioner stated, inter alia, that the petitioner is a bona fide businessman who was granted lease of 155 acres land by the Government for establishing Fishery Firm and in due process after registration of the deed, the petit......etitioner. Accordingly, the leave petition Nos.257 of 2011, 258 of 2011 and 259 of 20011 are dismissed without any order as to costs. Ed. This Case is also Reported in: 17 MLR (AD) (2012) 197...

Category: Criminal Law | Date: | Hits: 80

University Grants Commission and another Vs. University of Information Technology and Science and another, 2012, 41 CLC (AD)

....ent and order calls for interference by this Court by way of granting leave. 13. Mr. Mahmudul Islam, learned Counsel, entering caveat on behalf of the writ petitioner-respondent No.1, on the other hand, has supported the impugned judgment and order. He by referring to annexures-'Q' and 'R' series......er alia, was that it was established on 07.08.2003, vide Education Ministry's Memo No. সিম/শাঃ ১৪/৮ বেঃ বি-৭/২০০৩/৩৮০, through provisional approval of the Government. After proper enquiry and investigation, the writ-respondents granted provisional approval......ty Grants Commission (respondent No.2)" is stayed for a period of two months from date. Ed. This Case is also Reported in: 17 MLR (AD) (2012) 161; 17 BLC (AD) (2012) 84; 32 BLD (AD) (2012) 169. ..

Category: Others | Date: | Hits: 197

Md. Rayhan Khokon Vs. State, 2011, 40 CLC (AD)

....ssure of the learned Attorney General and as such it calls for interference by this Hon'ble Division. 16. Mr. Mahbubey Alam, the learned Attorney General appearing for the respondents on the other hand, supports the order of the High Court Division and submits that every case has its celebrated f...... learned Advocate for the petitioner merit no consideration. In the result, this criminal petition for leave to appeal is dismissed. Ed. This Case is also Reported in: 17 MLR (AD) (2012) 156. ...... learned Advocate for the petitioner merit no consideration. In the result, this criminal petition for leave to appeal is dismissed. Ed. This Case is also Reported in: 17 MLR (AD) (2012) 156. ..

Category: Criminal Law | Date: | Hits: 68

New Dacca Industries Ltd. Vs. Quamrul Huda & others, 1979, 8 CLC (AD)

.... employee of the company as its shares had vested in the Government, he became a government servant and was, therefore enti­tled to challenge the order of dismissal in the jurisdiction. On the other hand, the Appellant contended that as Respondent No.1 even after nationalisation continued to be an ......ween the parties related to the maintain­ability of the application under Article 102. Respondent No.1 claimed that since he was no longer an employee of the company as its shares had vested in the Government, he became a government servant and was, therefore enti­tled to challenge the order of di......ration and the Respondent 1 Quamrul Huda, who was an employee of the appellant from before, continued in his service in the appellant-company. As a result of worsening relations be­tween him and the management, Respondent No.1 was dismissed by the appellant on Au­gust 8, 1972 which was upheld by t..

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

Shafiqur Rahman and others Vs. Nurul Islam Chow­dhury and others, 1982, 11 CLC (AD)

....¦â€¦â€¦â€¦â€¦â€¦â€¦Appellants Vs. Nurul Islam Chow­dhury and others…………… Respondents Judgment December 14, 1982. Result: The appeal is dismissed. Case Referred to- Chand Agarwalla Vs. Shawi Base and another, AIR 1973 SC 799. Lawyers Involved: Aminul Huq - For......in the proceeding. Further, subsequently police reported that there was no apprehen­sion of breach of peace and that the appe­llants were in peaceful possession of the land before the receiver took over possession. 3. In compliance with the direction of the Magistrate, the Sub-Divisional Police......cessary to make any further observation in this regard. Order of the Court. By the majority judgments, the appeal is dismissed. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 127. ..

Category: Others | Date: | Hits: 135

Abdul Mannan and others Vs. Kulada Ranjan Mowali and others, 1977, 6 CLC (AD)

....High Court. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 195....... plaintiff's on the basis of a Kabuliyat at a rental of Tk. 75. After the rent receiving interests of the previous landlords had been acquired under the State Acquisi­tion and Tenancy Act, 1950 the Government has stepped into the shoes of the previous landlords and the plaintiffs have become ten­a......urt fees payable on the Memorandum of Appeal so treated within six months from the date of the arrival of the records in the High Court. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 195...

Category: Property Law | Date: | Hits: 133

M Fransis P Rojario alias Babu Vs. State, 2009, 38 CLC (HCD)

....Society at Mouza Kandar within police station Mirpur to witness No.1, Saiful Alam for a consideration money of Taka 3,53,50,000 by executing and registering the Sale Deed No.8871 dated 18-10-2006 and handed over possession of the land to the said purchased Saiful Alam the accused petitioner Nos.1 an...... at Mouza Kandar within police station Mirpur to witness No.1, Saiful Alam for a consideration money of Taka 3,53,50,000 by executing and registering the Sale Deed No.8871 dated 18-10-2006 and handed over possession of the land to the said purchased Saiful Alam the accused petitioner Nos.1 and 3 dep......ccused petitioners is hereby quashed. Communicate a copy of this Judgment to the Court concerned where the case is now pending at once. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 355...

Category: Criminal Law | Date: | Hits: 86

Jahangir Alam Chowdhury (Md.) Vs. Zabun Nahar Chowdhurani and other, 2008, 37 CLC (HCD)

....cuments and exhibits produced by both the parties in support of their respective suits and came to his finding that the plaintiff of Title Suit No.8 of 2004 successfully proved the case, on the other hand, the plaintiff of Title Suit No.29 of 2003 Most. Kamrun Nahar miserably failed to prove her cas...... at BCS examination of Health Cadre and qualified himself and also subsequently passed FCPS in eye. As an eye specialist he earned good reputation at home and abroad. He went to Saudi Arabia through Government and served there for a long time with the satisfaction of the authority by high paid salar......is Court at the time of issuance of the Rule is hereby vacated. Lower Courts record be sent down at once with a copy of the Judgment. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 322. ..

Category: Family Law | Date: | Hits: 167

Khalil @ Khalilur Rahman and others Vs. State, 2008, 37 CLC (HCD)

....in short, is that, on 10-12-1994 the informant Md. Moslem Uddin (Officer-in-Charge Saraigachhi Food Godown) after completing his official duty at about 2-00 PM he locked up the said godown's door and handed over all responsibility to one Rezaul Karim who is the guard of the godown; that on the follo......t, is that, on 10-12-1994 the informant Md. Moslem Uddin (Officer-in-Charge Saraigachhi Food Godown) after completing his official duty at about 2-00 PM he locked up the said godown's door and handed over all responsibility to one Rezaul Karim who is the guard of the godown; that on the following da......tion and sentence is affirmed and he will get benefit of section 35A of the Code of Criminal Procedure. Send down the LCR at once. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 309. ..

Category: Criminal Law | Date: | Hits: 116

Atahar and others Vs. State, 2007, 36 CLC (HCD)

....accused persons took them to the house of Kafiluddin and assaulted them on the plea of stealing IRRI paddy and that because of such assault Nazrul Islam succumbed to his injuries. 19. On the other hand, defence totally denies such allegation stating that due to stealing of paddy the mob assembled......hafiqur Rahman (Shah), Ibrahim, Rawsan Ali, Kafiluddin Biswas and Alam caught hold of informant's son Nazrul Islam and his labourers Helal and Ekram by the order of Kafiluddin Biswas and carried them over to the house of Kafiluddin Biswas and that the accuseds tied Nazrul Islam and two others on a f......ny other case and accused appellants Mutahar and Sohrab be discharged from their respective bail bond. Send down the LCR at once. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 302. ..

Category: Criminal Law | Date: | Hits: 66