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Nurjahan Begum Vs. Government of the Peoples Republic of and others, 1998, 27 CLC (HCD)
....n Begum……........Petitioner Vs. Government of the Peoples Republic of and others..............Respondents Judgment May 19, 1998. Case Referred To- Md. Shoaib Vs. Government of Bangladesh, 27 DLR 315. Lawyers Involved: Mahmudul Islam, Advocate — For the Petitioner. ...... 2-9-87 (Annexure H) and the notice dated 24-10-1987 (Annexure-J) within one month from the date of receipt of this judgment and order. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 426.......espect of possession of the property. 3. The short facts relevant are that CS Plot No.1009 measuring an area of 0.60 acre of land appertaining to CS Khatian No.225 of mouza Kafrul, JL No.268 under former PS Keraniganj was owned and possessed by its recorded tenants namely; Sobhan Matbar and Nazar...... 2-9-87 (Annexure H) and the notice dated 24-10-1987 (Annexure-J) within one month from the date of receipt of this judgment and order. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 426...Category: Property Law | Date: | Hits: 156
....hat the ground for solatitium does not apply to the facts and circumstances of the present case.
6. It has been strenuously argued by Mr. Farooqui that the Government of the People’s Republic of Bangladesh is a necessary party in the suit for specific performance of contract and that the govern......r enforcement of mortgage security in relation to any immovable property except where the mortgage is the movement or a local authority or a schedule Bank or a statutory Corporation or a Co-operative Society; or
(c) for partition of immovable property where the total area of the property involved...... Abdul Karim J.- This appeal at the instance of defendant No.1 is directed against the judgment and decree dated 23-4-1998 passed by the learned Subordinate Judge, 3rd Court, Dhaka decreeing the suit for specific performance of contract being Title Suit No.268 of 1981. The appeal arises out of the s......ismissed without any order as to costs. The judgment and decree passed by the trial Court is upheld.
Send down the record at once.
Ed.
This Case is also Reported in: 51 DLR (HCD) (1999) 412.
..
Category: Property Law | Date: | Hits: 120
Ebadat Ali Vs. Ismail Hossain Akhond & others, 1989, 18 CLC (HCD)
....or the Magistrate of the First Class, as the case may be, having jurisdiction to try the case;…………………….” 15. Similar provision is again found in sub-article 6 of Article 3 of the Bangladesh Scheduled Offences (Special Tribunals) Order, 1972 (P.O. 50 of 1972) which is as follow......uty Attorney-General as amicus curiae in this matter. Let a copy of the judgment be transmitted to the Courts below expeditiously. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 490. ......learned Subordinate Judge, Bogra have been transferred to the Courts of different Assistant Judges of different Upazilas within the district of Bogra under section 24 of the Code of Civil Procedure for trial and disposal. The above Rules are heard together and disposed of by this one judgment. ......uty Attorney-General as amicus curiae in this matter. Let a copy of the judgment be transmitted to the Courts below expeditiously. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 490. ..Category: Procedural Law | Date: | Hits: 152
Hazrat Ali Vs. Election Commission & others, 1989, 18 CLC (HCD)
....vocates - For the added Respondent No.5. Writ Petition No.1421 of 1988. Judgment Mustafa Kamal J.- This Rule Nisi obtained under Article 102 of the Constitution of the People's Republic of Bangladesh had a chequered career. 2. The petitioner along with 5 other candidates was a contes......26. For the reasons stated above the Rule is made absolute but in the facts and circumstances of the case we make no order as to costs. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 486.......petitioner by the Upazila Nirbahi Officer, Kaliakair (Annexure D). 3. After the result was published in the Gazette on 29.5.88, the respondent No.4, the outgoing Chairman, filed an application before the Election Commission stating that polls on 10.2.88 at Chapair High School polling centre at ......26. For the reasons stated above the Rule is made absolute but in the facts and circumstances of the case we make no order as to costs. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 486...Category: Election Law | Date: | Hits: 216
Monoranjan Mukharjee Vs. Election Commission Sher-e-Bangla Nagar, Dhaka & Others, 1989, 18 CLC (HCD
.... Haider, Advocate - For Respondent No.6. Writ Petition No. 488 of 1988. Judgment Mustafa Kamal J.- This Rule Nisi obtained under Article 102 of the Constitution of the People's Republic of Bangladesh calls upon the respondents to show cause as to why the order dated 13.1.88 Annexure B pas......r all the above reasons we find no ground for interference. In the result, the Rule is discharged but without any order as to costs. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 484.......ls upon the respondents to show cause as to why the order dated 13.1.88 Annexure B passed by the Upazilla Nirbahi Officer, respondent No.5 allowing respondent No.6 Abdul Jalil Biswas to seek election for the office of Chairman of No.4 Noapara Union Parishad, Upazilla Debhata, District Satkhira sha......r all the above reasons we find no ground for interference. In the result, the Rule is discharged but without any order as to costs. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 484...Category: Election Law | Date: | Hits: 220
Abu Bakar Sikder Vs. Monowara Begum (Mst.), 1989, 18 CLC (HCD)
....do not find any substance in the appeal and the same is dismissed with cost. The judgment and decree of the Court below are affirmed. Ed. This Case is also Reported in: 42 DLR (HCD) (1990) 403. ......do not find any substance in the appeal and the same is dismissed with cost. The judgment and decree of the Court below are affirmed. Ed. This Case is also Reported in: 42 DLR (HCD) (1990) 403. ...... Qazi Shafiuddin J. - This appeal is directed against the judgment and decree dated 7.10.72 passed by the learned Subordinate Judge, 1st Court, Barisal in Title Suit No.34 of 1968 dismissing the suit for declaration of a Hebanama as void and inoperative. 2. Plaintiffs case, in short, is that the......do not find any substance in the appeal and the same is dismissed with cost. The judgment and decree of the Court below are affirmed. Ed. This Case is also Reported in: 42 DLR (HCD) (1990) 403. ..Category: Property Law | Date: | Hits: 152
Almasuddin & another Vs. A. Wadud Khan & others, 1989, 18 CLC (HCD)
....mpugned order of the learned Munsif cannot be sustained. In the result, the Rule is made absolute but without any order as to costs. Ed. This Case is also Reported in: 42 DLR (HCD) (1990) 391.......mpugned order of the learned Munsif cannot be sustained. In the result, the Rule is made absolute but without any order as to costs. Ed. This Case is also Reported in: 42 DLR (HCD) (1990) 391.......hman Miji and another Vs. Abdul Wadud Mia and another, 2 PLR 287. Lawyers Involved: A. Wadud Khan & others—For the Opposite Party. Md. Zakir Hossain—For the Petitioners. AMM Rahim for Rabia Bhuiyan—For the Opposite Party No.3. Civil Revision No.353 of 1984. Judgment Mu......mpugned order of the learned Munsif cannot be sustained. In the result, the Rule is made absolute but without any order as to costs. Ed. This Case is also Reported in: 42 DLR (HCD) (1990) 391...Category: Procedural Law | Date: | Hits: 107
Ujjal Hossain (minor) & Others Vs. Firoja Khatun & Others, 1989, 18 CLC (HCD)
....ners as plaintiffs in the aforesaid suit and also to proceed with the suit in accordance with law. There shall be no order as to costs. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 481.......ners as plaintiffs in the aforesaid suit and also to proceed with the suit in accordance with law. There shall be no order as to costs. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 481.......tion are that deceased Kudrut Ali, the predecessor of the present petitioners, and opposite-party Nos.19 to 24 as plaintiffs instituted Title Suit No.72 of 1975 in the First Court of Munsif, Kushtia for declaration of title in respect of the suit land. The defendant opposite party Nos.2, 3, 4, 5,......ners as plaintiffs in the aforesaid suit and also to proceed with the suit in accordance with law. There shall be no order as to costs. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 481...Category: Property Law | Date: | Hits: 98
Fazlul Hoque & Others Vs. State, 1989, 18 CLC (HCD)
....r any other law. We have noticed the Ministry of Establishment's Notification bearing No.MF/JAIII/VEST-2/84-377 dated, Dhaka, 17.10.84 which is as follows:- "Government of the People's Republic of Bangladesh. Ministry of Establishment Section-JAIII. NOTIFICATION No. MF/JAIII/VEST-2/84-37......n accordance with law expeditiously. Let a copy of this judgment and order be sent to the Upazila Magistrate, Trishal immediately. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 477....... the Court of Upazila Magistrate, Trishal, District Mymensingh should not be set aside or such other or further order or orders passed as to this Court may seem fit and proper. 2. In this case informant Md. Yunus Ali lodged F.I.R. on 20.11.87 at Trishal P.S. alleging, inter alia, that on 20.11.......n accordance with law expeditiously. Let a copy of this judgment and order be sent to the Upazila Magistrate, Trishal immediately. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 477...Category: Procedural Law | Date: | Hits: 113
Anwara Khatun & Others Vs. Geasuddin Ahmed & Others, 1986, 15 CLC (HCD)
....tance in this Rule, which is accordingly discharged, without any order as to costs. The order directing status quo is hereby vacated. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 474.......tance in this Rule, which is accordingly discharged, without any order as to costs. The order directing status quo is hereby vacated. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 474.......ing to this in short are, that the petitioner as plaintiff instituted a suit being O.C. Suit No.166 of 1985 in the Court of Munsif, Sadar, Mymensingh, against the opposite party Nos.1-2 as defendants for permanent injunction restraining them from making illegal construction by violating the provisio......tance in this Rule, which is accordingly discharged, without any order as to costs. The order directing status quo is hereby vacated. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 474...Category: Civil Law | Date: | Hits: 178
Saju Hosein Vs. Press Appellate Board and others, 2011, 40 CLC (HCD)
.... Present: AHM Shamsuddin Choudhury J Jahangir Hossain J Saju Hosein……………………Petitioner Vs. Press Appellate Board, represented by it’s Chairman, Mr. Justice B.K. Das, Bangladesh Press Council of House No.40, Topkhana Road, Segun Bagicha, Dhaka and others…………...... For the reasons assigned above, the Rule is destined to founder, wherefor the same is discharged. There is no order on cost. Jahangir Hossain J.- I agree. Ed. This Case is also Reported in: ......o.40, Topkhana Road, Segun Bagicha, Dhaka- 1000 should not be declared to have been issued without lawful authority and is of no legal effect and a direction should not be issued upon respondent No.3 for authentication of the petitioner’s declaration either for the Daily Ittehad or the Daily Deshk...... For the reasons assigned above, the Rule is destined to founder, wherefor the same is discharged. There is no order on cost. Jahangir Hossain J.- I agree. Ed. This Case is also Reported in: ..Category: Others | Date: | Hits: 171
Sirajuddin Sarkar Vs. Md. Fazlul Haque and others, 2012, 41 CLC (HCD)
....e No.2958 of 1994 under sections 482 and 483 of the Penal Code in accordance with law. Communicate a copy of the judgment. Soumendra Sarder J.- I agree. Ed. This Case is also Reported in: ......e No.2958 of 1994 under sections 482 and 483 of the Penal Code in accordance with law. Communicate a copy of the judgment. Soumendra Sarder J.- I agree. Ed. This Case is also Reported in: ......s Referred to- 6 BLD 315; 25 DLR 331; 22 DLR 502; Md. Monzur Alam Vs. The State and another, 11 BLT (AD) 156; Shahidullah Patwary Vs. State, 35 DLR (AD) 281. Lawyers Involved: No one appears for either of the parties. Criminal Miscecellaneous Case No. 3734 of 1998. Judgment Md. Ruh......e No.2958 of 1994 under sections 482 and 483 of the Penal Code in accordance with law. Communicate a copy of the judgment. Soumendra Sarder J.- I agree. Ed. This Case is also Reported in: ..Category: Procedural Law | Date: | Hits: 114
Md. Manzil alias Md. Manzil Miah Vs. State, 2012, 41 CLC (HCD)
....Arms Act, 1878 and sentencing him thereunder to suffer rigorous imprisonment for fourteen years. 2. Facts leading to this appeal, in brief, are that the informant Md. Majibar Rahman, a Havilder of Bangladesh Rifles (now BGB) produced the arrested appellant and two others along with a German origi......y the trial Court. In case of his failure to do so, the law will take its own course. Send down the lower Court records. Mohammad Marzi-ul-Huq J.- I agree. Ed. This Case is also Reported in: ......cial Tribunal No.4, Kushtia in Special Tribunal Case No.158 of 2001 convicting the sole appellant under section 19A of the Arms Act, 1878 and sentencing him thereunder to suffer rigorous imprisonment for fourteen years. 2. Facts leading to this appeal, in brief, are that the informant Md. Majibar......y the trial Court. In case of his failure to do so, the law will take its own course. Send down the lower Court records. Mohammad Marzi-ul-Huq J.- I agree. Ed. This Case is also Reported in: ..Category: Criminal Law | Date: | Hits: 87
Md. Haider Alam Vs. State, 2012, 41 CLC (HCD)
....har Police Station, Rajshahi lodged an ejahar on 24.6.2001 against the appellant bringing allegation of recovery of 56 bottles of Indian origin phensedyl which were allegedly smuggled from India into Bangladesh. Police recorded the case as Motihar Police Station Case No.16 dated 24.6.2001 under sect......entence, if any. In case of his failure to do so, the law will take its own course. Send down the lower Court’s record. Mohammad Marzi-ul-Huq J.- I agree. Ed. This Case is also Reported in: ...... of 2001 arising out of Motihar Police Station Case No.16 dated 24.6.2001 convicting the appellant under section 25B (2) of the Special Powers Act and sentencing him thereunder to suffer imprisonment for two years with a fine of Taka 500/- in default to suffer imprisonment for two months more. The T......entence, if any. In case of his failure to do so, the law will take its own course. Send down the lower Court’s record. Mohammad Marzi-ul-Huq J.- I agree. Ed. This Case is also Reported in: ..Category: Criminal Law | Date: | Hits: 113
Adamjee Jute Mills Ltd. Vs. Chairman, Third Labour Court, and another, 1989, 18 CLC (HCD)
.... Result: The Rule is made absolute. Cases Referred to- Bikash Ranjan Das Vs. The Chairman, Second Labour Court, 29 DLR (SC) 280; Mohd. Abdun Noor Vs. Platinum Jute Mills Limited and another, Bangladesh Supreme Court Reports 1978 at page 467; Administrative Officer, Chittaranjan Cotton Mil......missal of the respondent No.2 is modified to the extent that the dismissal of respondent No.2 be treated as discharge from service. Ed. This Case is also Reported in: 42 DLR (HCD) (1990) 371. ......worker, from service and directing his re-instatement. 2. The Respondent No.2 was a permanent worker as Fitter in the workshop of the employer-petitioner M/s. Adamjee Jute Mills Ltd. He filed the aforesaid complaint case under section 25(1)(b) of the Employment of Labour (Standing Orders) Act, 19......missal of the respondent No.2 is modified to the extent that the dismissal of respondent No.2 be treated as discharge from service. Ed. This Case is also Reported in: 42 DLR (HCD) (1990) 371. ..Category: Labour and Industrial Law | Date: | Hits: 160
Bangladesh Can Company Ltd. Vs. Chairman, Labour Court, Chittagong and others, 1989, 18 CLC (HCD)
.... This Case is also Reported in: 42 DLR (HCD) (1990) 368. ...... made absolute without any order as to costs. The impugned order was passed without any lawful authority and is of no legal effect. Ed. This Case is also Reported in: 42 DLR (HCD) (1990) 368. ......o the petition should not be declared to have been made without any lawful authority and is of no legal effect. 2. The facts leading to this Rule is that respondent Nos.2-29 jointly filed the aforesaid I.D. Case in the Labour Court at Chittagong under section 34 of the Industrial Relations ...... made absolute without any order as to costs. The impugned order was passed without any lawful authority and is of no legal effect. Ed. This Case is also Reported in: 42 DLR (HCD) (1990) 368. ..Category: Labour and Industrial Law | Date: | Hits: 268
Rahmania Agencies Ltd. and another Vs. Bangladesh and others, 1989, 18 CLC (HCD)
....Present: Md. Mozammel Hoque J Md. Badruzzaman J Rahmania Agencies Ltd. 113/A, Tejgaon Industrial Area, Tejgaon, Dhaka and another......................................Petitioners Vs. Bangladesh and others..................Respondents Judgment November 14, 1989. Result: T......tion are hereby declared to have been passed without lawful authority and are of no legal effect. There will be no order as to costs. Ed. This Case is also Reported in: 42 DLR (HCD) (1990) 363. ......on of the leasehold plot No.151, Motijheel Commercial Area, Dhaka measuring 7 kathas and 8 chattaks as mentioned in the deed of lease (Annexure C) to the petitioners. 2. The short facts relevant for the disposal of this Rule are that the petitioner before us was previously a proprietorship bu......tion are hereby declared to have been passed without lawful authority and are of no legal effect. There will be no order as to costs. Ed. This Case is also Reported in: 42 DLR (HCD) (1990) 363. ..Category: Property Law | Date: | Hits: 115
Helal Uddin (Md.) Vs. Government of People's Republic of Bangladesh and others, 2003, 32 CLC (HCD)
....ction) Present: Md. Abdur Rashid J Siddiqur Rahman Miah J Helal Uddin (Md.).........................................................Petitioner Vs. Government of People's Republic of Bangladesh, represented by the Secretary of the Ministry of Education, and others………………...... April, 2000. The order of stay granted at the time of issue of the Rule is hereby recalled and vacated. Communicate at once. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 506. ......ute. Lawyers Involved: Abdul Hoque, Advocate—For the Petitioner. Altafur Rahman, Deputy Attorney-General with Farah Mahbub, Assistant Attorney-General—For Respondent No.1. Sk Yead Ali for Abdur Rashid, Advocates—For Respondent No.4. Writ Petition No. 3746 of 2002. Judgment ...... April, 2000. The order of stay granted at the time of issue of the Rule is hereby recalled and vacated. Communicate at once. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 506. ..Category: Employment/Service Law | Date: | Hits: 147
Kazi Rokanuddin Ahmed and another Vs. Labour Court and others, 2011, 40 CLC (HCD)
.... Khan, Advocate - For the Respondent No. 2. Writ Petition No.914 of 2011. Judgment SM Emdadul Hoque J.- This Rule Nisi calling upon the respondents to show cause as to why the proceedings of Bangladesh Labour Law (Criminal) Case No.368 of 2010 under section 307 and 310 of the Bangladesh Lab......desh Labour Law (Criminal) Case No.368 of 2010, is hereby declared unlawful, malafide, out of jurisdiction and is of no legal effect. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 382. ......calling upon the respondents to show cause as to why the proceedings of Bangladesh Labour Law (Criminal) Case No.368 of 2010 under section 307 and 310 of the Bangladesh Labour Law, 2006 now pending before the respondent No.1, should not be declared unlawful, mala fide, out of jurisdiction and is of ......desh Labour Law (Criminal) Case No.368 of 2010, is hereby declared unlawful, malafide, out of jurisdiction and is of no legal effect. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 382. ..Category: Labour and Industrial Law | Date: | Hits: 145
Asgar Ali and others Vs. Bangladesh and others, 2003, 32 CLC (HCD)
....e Court High Court Division (Special Original Jurisdiction) Present: Amirul Kabir Chowdhury J AFM Ali Asgar J Asgar Ali and others…………………………Petitioners Vs. Bangladesh and others…………………………Respondents Judgment August 25, 2003. Re......e been made/passed without authority and is of no legal effect and why direction should not be issued upon respondents No.1, 3 to 5 to hold election of the Managing Board of Bangladesh Red Crescent Society within 1(one) month from such direction. 2. The petitioners described them as life Member......d on 30-12-2002 though respondent No.4 illegally did not allow the petitioner No.2 to attend the said meeting and that last election of the Society took place on 22-6-1999 electing the Managing Board for 3 years i.e. upto 31-12-2001 and that the President of the Society in exercise of the power unde......n of the elective officers of Managing Board of Bangladesh Red Crescent Society within 45 days from the date of receipt of this order. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 379. ..Category: Civil Law | Date: | Hits: 169
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