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Nurul Hoque Vs. Aminur Rahman Chowdhury and others, 2009, 38 CLC (AD)
.... decision. In that view of the matter we do not find any merit in the leave petition. Accordingly this leave petition is dismissed. Ed. This Case is also Reported in: VII ADC (2010) 909. ......temporarily from the office of Chairman. 3. The temporary removal was made under section 65(1) of the Local Government (Union Parishad) Ordinance, 1983. The respondent No.5 Nurul Huq, one of the members of the Kalipur Union Parishad was given charge of the Office of Chairman after removing the ......vision making the rule absolute in Writ Petition No.5189 of 2009 declaring that order dated 23.6.2009 issued by the respondent No.2 suspending the writ-petitioner from the office of Chairman, Kalipur Union parishad, Banskhali, Chittagong to have been passed without lawful authority and is of no lega...... no legal effect and directing the respondents to hand over charge of office to the petitioner without delay. 2. Relevant facts are that the petitioner was elected as the Chairman of Kalipur Union Parishad under Banshkhali Upazilla within District-Chittagong. The election was held on 08.2.2003 an..Category: Election Law | Date: | Hits: 96
Shah Alam (Md.) Vs. Abdul Hashem Bepari and others, 2000, 29 CLC (HCD)
....intiff shall be at liberty to get the decree executed through the Court in accordance with law. Send down the lower Court records at once. Ed. This Case is also Reported in: 54 DLR (2002) 550.......ed the bainapatra in presence of witnesses, who also signed the same as attesting witnesses. He reiterated that defendant No.1 received the consideration in his presence. 18. PW 3 SM Shamsuddin, a member of the Bazar Committee known to the contesting parties, stated in his evidence that defendant......intiff shall be at liberty to get the decree executed through the Court in accordance with law. Send down the lower Court records at once. Ed. This Case is also Reported in: 54 DLR (2002) 550.......intiff shall be at liberty to get the decree executed through the Court in accordance with law. Send down the lower Court records at once. Ed. This Case is also Reported in: 54 DLR (2002) 550...Category: Civil Law | Date: | Hits: 81
Solaiman (Md.) and others Vs. Md. Mosharaf Hossain Khan and others, 2002, 31 CLC (HCD)
....-7-2001 was fixed for distribution of nomination papers and 16-7-2001 was fixed for scrutiny and 17-7-2001 was fixed for withdrawal and election was to be held. Since there was only one panel for the posts the primary result was declared on 17th of July, 2001 but they did not publish the final resul......mber operative till 14-8-2001 and while that stay order was in operation, the contemner respondent Nos. 2 and 3 published the final result of the election on 6-8-2001 and thereafter the newly elected members also held the first meeting on 9-8-2001. Now the only question that calls for determination ......heir service book. A copy of this judgment be sent to the Secretary, Ministry of Sport and Ministry of Establishment for necessary action. Ed. This Case is also Reported in: 54 DLR (2002) 531.......heir service book. A copy of this judgment be sent to the Secretary, Ministry of Sport and Ministry of Establishment for necessary action. Ed. This Case is also Reported in: 54 DLR (2002) 531...Category: Civil Law | Date: | Hits: 70
Zakir Hossair alias Tota Mia Vs. State, 2009, 38 CLC (AD)
.... the initiation of this case. 3. Police took up the investigation, visited the place of occurrence, prepared the inquest report of the dead body of the deceased and sent the same to the morgue for post-mortem examination. The investigating officer seized the alamats and examined the witnesses u......e above, we find no substance in the submissions of the learned Advocate for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VII ADC (2010) 885. ......e above, we find no substance in the submissions of the learned Advocate for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VII ADC (2010) 885. ......e above, we find no substance in the submissions of the learned Advocate for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VII ADC (2010) 885. ..Category: Criminal Law | Date: | Hits: 40
.... operation of the order dated 27-5-03 before the Court on 28-6-04. Ultimately, Leave was granted and Civil Appeal No. 50 of 2004 was registered. By an order dated 23-5-07 the appeal was ordered to be posted before the Court on 3-9-07.
7. By an order dated 18-3-08 by allowing the appeal, the Appel......Md. Abdul Hye, Mr. Md. Faruque Ahmed, Mr. Md. Marzi-ul-Hoque, Mr. Md. Shamsul Huda, Mr. Md. Abdur Razzak and Mr. Hasan Foez Siddique despite the recommendation of the Chief Justice. On 21-2-03 senior members of the Bar including the President Mr. Ozair Farook and Mr. Abdul Matin Khasru, former Law M......Chowdhury 7 MLR (AD) 265 = 7 BLC (AD) 144; State vs. Chief Editor, Manabjamin 57 DLR 359; Al-Jehad Trust vs. Federation of Pakistan PLD 1996 SC 324; Shamser Sing vs. State of Punjab AIR 1974 SC 2192; Union of India vs. Sankal Chand AIR 1977 SC 235; S P Gupta vs. President of India AIR 1982 SC 149; S......f this Court directs the respondent in that regard. It is accordingly, ordered. The short order is treated as part of this judgment.
Ed.
This Case is also Reported in: 61 DLR (HCD) (2009) 523.
..
Category: Constitutional Law | Date: | Hits: 253
Arshad Hossain Haider and others Vs. Suza Uddoula and others, 2010, 39 CLC (AD)
....ooks is dispensed with as prayed for. The order of status-quo granted earlier by this Court shall continue till disposal of the appeal. Ed. This Case is also Reported in: VII ADC (2010) 846.......ddin by a deed of settlement dated 27.07.1953 by the then Government of East Pakistan; that said Md. Jamiruddin constructed a semi-pucca house on his allotted land and resided therein with his family members; that he paid rents and taxes of the Union Parishad and after 12 years of his possession, he...... by the then Government of East Pakistan; that said Md. Jamiruddin constructed a semi-pucca house on his allotted land and resided therein with his family members; that he paid rents and taxes of the Union Parishad and after 12 years of his possession, he on 01.06.1968 applied to the concerned autho......e then Government of East Pakistan; that said Md. Jamiruddin constructed a semi-pucca house on his allotted land and resided therein with his family members; that he paid rents and taxes of the Union Parishad and after 12 years of his possession, he on 01.06.1968 applied to the concerned authority f..Category: Property Law | Date: | Hits: 32
.... Writ Petition Nos.2174, 4452 and 5539 of 2008 and No. 1299 of 2009, wherein the notification published in the "Daily Naya Digonto" on different dates inviting the applications for appointment in the posts of Assistant Station Master, Chowkider, Guard Grade-2 and Khalashi, by the leave petitioner.
......rit petitioners.
With the aforesaid observations the leave petition Nos. 90-93 of 2010 are disposed of without any order as to costs.
Ed.
This Case is also Reported in: VII ADC (2010) 843.
......rit petitioners.
With the aforesaid observations the leave petition Nos. 90-93 of 2010 are disposed of without any order as to costs.
Ed.
This Case is also Reported in: VII ADC (2010) 843.
......rit petitioners.
With the aforesaid observations the leave petition Nos. 90-93 of 2010 are disposed of without any order as to costs.
Ed.
This Case is also Reported in: VII ADC (2010) 843.
..
Category: Employment/Service Law | Date: | Hits: 86
Md. Abdul Motalib Vs. Bangladesh, 2010, 39 CLC (AD)
....he learned Advocate-on-Record for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VII ADC (2010) 841; 16 MLR (AD) 2011, 30; 64 DLR (AD) (2012) 87. ......he learned Advocate-on-Record for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VII ADC (2010) 841; 16 MLR (AD) 2011, 30; 64 DLR (AD) (2012) 87. ......y the High Court Division in Writ Petition No.4716 of 2005 discharging the Rule. 2. The facts involved in the case, in short, are that the petitioner was appointed as Nikah Registrar for Mograpara Union within Narayangonj District on 14.06.2005 under the signature of the Senior Assistant Secretar......he learned Advocate-on-Record for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VII ADC (2010) 841; 16 MLR (AD) 2011, 30; 64 DLR (AD) (2012) 87. ..Category: Civil Law | Date: | Hits: 111
Sayed and others Vs. State, 2009, 38 CLC (AD)
....d took up investigation. Investigating Officer went to the place of occurrence, prepared the inquest reports of the dead bodies of four deceased and sent those to Sunamganj Sadar Hospital for holding post mortem examination. He seized the alamats, examined the witnesses under Section 161 of the Co......ng with other accused under Sections 147/148/149/ 326/302/34/109 of the Penal Code, since prima-facie case was made out against them. 3. The defence case is that there was a free fight between the members of two local Chairman named Jalaluddin and Joynal Abedin. In that free fight the victims wer......ove, we find no substance in the submissions of the learned Advocate for the petitioners. Accordingly, the petitions are dismissed. Ed. This Case is also Reported in: VII ADC (2010) 830. ......ove, we find no substance in the submissions of the learned Advocate for the petitioners. Accordingly, the petitions are dismissed. Ed. This Case is also Reported in: VII ADC (2010) 830. ..Category: Criminal Law | Date: | Hits: 26
Kalu Sheikh alias Sheikh and Kalam Sheikh and others Vs. State, 2002, 31 CLC (HCD)
....n 25-1-86 local police station as above. SI Md. Mosharaf Hossain (PW 7) came to the house of the informant, held inquest on the dead body, prepared inquest report and sent the dead body to morgue for post mortem examination. 3. Police submitted charge-sheet against the appellants under section 30...... Thereafter Shaymol and his mother went to their house on foot and he returned to his own house. PW 3 found Shaymol well in his house in the night. In cross-examination PW 3 stated that he does not remember whether he stated to daroga that Shaymol’s mother disclosed the names of 3(three) accused t...... of the charge brought against them and they are hereby discharged from their respective bail bond. Send down the lower court immediately. Ed. This Case is also Reported in: 54 DLR (2002) 502....... of the charge brought against them and they are hereby discharged from their respective bail bond. Send down the lower court immediately. Ed. This Case is also Reported in: 54 DLR (2002) 502...Category: Criminal Law | Date: | Hits: 30
Government of the People's Republic of Bangladesh Vs. Md. Anowar Hossain, 2010, 39 CLC (AD)
....Colonel, is illegal and without jurisdiction. As per Section-8 of the Bangladesh Rifles (Special Provisions) Ordinance, 1976 and the schedule thereunder, the authority to dismiss a person holding the post of Havilder is the Deputy Director General of Bangladesh Rifles and that his appeal there-again......ed 06.10.1997 (Annexures-A and H respectively to the writ petition), which are stated to be the order dismissing the petitioner and the order rejecting the appeal respectively. The writ petitioner, a member of the Bangladesh Rifles, joined his service as a Sepoy on 15.01.1976 and in due course got p...... aside and the dismissal of the writ petitioner from service is declared to have been passed by a competent authority in accordance with law. This Case is also Reported in: 15 MLR (AD) (2010) 515. ...... aside and the dismissal of the writ petitioner from service is declared to have been passed by a competent authority in accordance with law. This Case is also Reported in: 15 MLR (AD) (2010) 515. ..Category: Employment/Service Law | Date: | Hits: 80
Md. Siddiqur Rahman Vs. Government of Bangladesh and others, 2009, 38 CLC (AD)
....l Hosein, the learned Senior Advocate appearing on behalf of the petitioner, submits that the Government not being the appointing authority of the petitioner cannot transfer him from one place of posting to another. Besides, he submits that the Government may only transfer an appointee appointed......ons of Section 39 of the Ain. Under the circumstances, this petition merits no consideration. Accordingly, this petition is dismissed. Ed. This Case is also Reported in: VII ADC (2010) 653.......ons of Section 39 of the Ain. Under the circumstances, this petition merits no consideration. Accordingly, this petition is dismissed. Ed. This Case is also Reported in: VII ADC (2010) 653.......ion No. 2097 of 2007, upholding the transfer of the petitioner as legal. 2. The facts of the case, in brief, are that the petitioner was originally appointed as a typist in 1979 of Bakerganj Zilla Parishad, that while working as the Administrative Officer of Dhaka Zilla Parishad, by an order date..Category: Employment/Service Law | Date: | Hits: 71
Sherajul Huq Mullick Vs. Bangladesh, 1988, 17 CLC (HCD)
....zari Prathamik Biddyalaya polling centre, (b) Dumuria Madhyamik Biddyalaya polling centre and (c) Barashia Sarkari Prathamic Biddyalaya polling centre. 2. The petitioner, a contestant for the said post, alleged various irregularities and illegalities in respect of the aforesaid election held on......in free and fair manner for the election of Chairman of Chitalmari Union Parishad at Choddya Hazari Prathamik Biddyalaya Polling Centre only. Ed. This Case is also Reported in: 41 DLR (1989) 100.......pondents to show cause as to why a direction should not be made directing respondent Nos. 2 and 4 to hold fresh polls in free and fair manner in 3 centres of the election of Chairman of Chittalmari Union Parishad namely, (a) Choddya Hazari Prathamik Biddyalaya polling centre, (b) Dumuria Madhyamik......ts to show cause as to why a direction should not be made directing respondent Nos. 2 and 4 to hold fresh polls in free and fair manner in 3 centres of the election of Chairman of Chittalmari Union Parishad namely, (a) Choddya Hazari Prathamik Biddyalaya polling centre, (b) Dumuria Madhyamik Biddy..Category: Election Law | Date: | Hits: 81
Md. Shahabuddin Vs. Janata Bank, 1988, 17 CLC (HCD)
....he result, the Rules issued in Civil Revision No. 71 of 1987 and Civil Revision No. 73 of 1987 are discharged without any order as to costs. Ed. This Case is also Reported in: 41 DLR (1989) 94....... on 30.8.86, but the learned District Judge also in separate judgments dated 26.2.87 allowed the appeals and dismissed the suits. 2. Both the petitioners Md. Shahabuddin and A.B.M. Hamid Khan were members of the clerical staff (clerk and cashier respectively) of Chawk Bazar Branch, Barisal of the......buddin and A.B.M. Hamid Khan were members of the clerical staff (clerk and cashier respectively) of Chawk Bazar Branch, Barisal of the Janata Bank and were the office-bearers of the Bank Karmachari Union—the former being a member of the Executive Body and the latter being a Vice-President. The......he result, the Rules issued in Civil Revision No. 71 of 1987 and Civil Revision No. 73 of 1987 are discharged without any order as to costs. Ed. This Case is also Reported in: 41 DLR (1989) 94...Category: Employment/Service Law | Date: | Hits: 76
Abdul Mukit Chowdhury Vs. The Chief Election Commissioner & others, 1988, 17 CLC (HCD)
....nt any such direction. In the result, the Rule is discharged without costs. The order of stay granted earlier by this Court stands vacated. Ed. This Case is also Reported in: 41 DLR (1989) 57.......nt any such direction. In the result, the Rule is discharged without costs. The order of stay granted earlier by this Court stands vacated. Ed. This Case is also Reported in: 41 DLR (1989) 57.......upon the respondents to show cause why the respondent Nos. 1-4 shall not be directed to hold fresh polls at Dhaka Uttar Muhammadpur High School Station for the election of Chairman of No. 1 Ali Nagar Union Parishad within Upazila Beani Bazar, District Sylhet or such other or further order or orders ......he respondents to show cause why the respondent Nos. 1-4 shall not be directed to hold fresh polls at Dhaka Uttar Muhammadpur High School Station for the election of Chairman of No. 1 Ali Nagar Union Parishad within Upazila Beani Bazar, District Sylhet or such other or further order or orders passed..Category: Election Law | Date: | Hits: 119
Warish Miah Vs. People's Republic of Bangladesh, 1988, 17 CLC (HCD)
....es of the present case. In the result, the Rule is discharged without costs. The order of slay granted earlier by this Court stands vacated. Ed. This Case is also Reported in: 41 DLR (1989) 51......d disqualifications of Chairman and Members of Union Parishads.- (1) A person shall subject to the provision of sub-section (2) be qualified to be elected or nominated as, and to be a Chairman or member if- (2)............................................. (g) he or she has defaulted in rep......he Respondents. Writ Petition No. 14 of 1988 Judgment Qazi Shafiuddin J. - This Rule calls upon the respondent Nos. 1-5 to show cause why the election of the Chairman of No. 4 Upper Kagabala Union Parishad held on 10.2.88 and 11.4.88 and the declaration of the respondent No. 5 as elected Ch......pondents. Writ Petition No. 14 of 1988 Judgment Qazi Shafiuddin J. - This Rule calls upon the respondent Nos. 1-5 to show cause why the election of the Chairman of No. 4 Upper Kagabala Union Parishad held on 10.2.88 and 11.4.88 and the declaration of the respondent No. 5 as elected Chairm..Category: Election Law | Date: | Hits: 104
Sonali Bank Vs. Meghna Vegetable Oil Industries Ltd. & ors., 2009, 38 CLC (AD)
....wing the defendant Nos.1 and 2 to file a written statement advised. We find no substance in this petition which is accordingly dismissed. Ed. This Case is also Reported in: VII ADC (2010) 644.......t, are that the plaintiff-appellant-respondents filed the suit for recovery of Tk. 15, 48, 95,233.69. The claim in the suit arose in consequence of bifurcation of various shareholder-directors of a member of company comprising of Meghna Group of Industries regrouped into "ka" and "kha" group and i......wing the defendant Nos.1 and 2 to file a written statement advised. We find no substance in this petition which is accordingly dismissed. Ed. This Case is also Reported in: VII ADC (2010) 644.......wing the defendant Nos.1 and 2 to file a written statement advised. We find no substance in this petition which is accordingly dismissed. Ed. This Case is also Reported in: VII ADC (2010) 644...Category: Procedural Law | Date: | Hits: 81
Haji Noor Nabi Mollah Vs. Ahammad Ali and others, 2010, 39 CLC (AD)
....point a member of the local Bar as the receiver of the waqf estate. We find no substance in this petition which is accordingly dismissed. Ed. This Case is also Reported in: VII ADC (2010) 639.......administration of the waqf estate. 7. In such view of the matter the High Court Division has rightly set aside the order of the learned Joint District Judge and directed the court to appoint a member of the local Bar as the receiver of the waqf estate. We find no substance in this petition......point a member of the local Bar as the receiver of the waqf estate. We find no substance in this petition which is accordingly dismissed. Ed. This Case is also Reported in: VII ADC (2010) 639.......point a member of the local Bar as the receiver of the waqf estate. We find no substance in this petition which is accordingly dismissed. Ed. This Case is also Reported in: VII ADC (2010) 639...Category: Property Law | Date: | Hits: 27
Pubali Bank Ltd. Vs. Md. Mamunur Rahman and Another, 2001, 30 CLC (HCD)
....without any order as to cost. The counter-claim of the defendant No.1 is dismissed as not maintainable. Send down the records forthwith. Ed This Case is also Reported in: 54 DLR (2002) 458.......without any order as to cost. The counter-claim of the defendant No.1 is dismissed as not maintainable. Send down the records forthwith. Ed This Case is also Reported in: 54 DLR (2002) 458.......without any order as to cost. The counter-claim of the defendant No.1 is dismissed as not maintainable. Send down the records forthwith. Ed This Case is also Reported in: 54 DLR (2002) 458.......without any order as to cost. The counter-claim of the defendant No.1 is dismissed as not maintainable. Send down the records forthwith. Ed This Case is also Reported in: 54 DLR (2002) 458...Category: Civil Law | Date: | Hits: 79
Shishir Kanti Pal and others Vs. Nur Muhammad and others, 2001, 30 CLC (HCD)
.... impugned Judgment and decree calling for interference by the Court. In the result, this Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 54 DLR (2002) 440.......ed on behalf of Rashamoy Paul shows that he remained as Citizen of Pakistan at the relevant time though it is found in the deposition of this witness that his all other relations including his family members are inhabitants of India. So, it has now got to be ascertained whether DW 2 came over her th......he alleged power of attorney is a forged, fraudulent and fabricated one and the plaintiffs created the said power of attorney forging their names which was earlier seized by the local chairman of the Union Parishad and thereafter the plaintiffs have created a new forged power of attorney with help o......eged power of attorney is a forged, fraudulent and fabricated one and the plaintiffs created the said power of attorney forging their names which was earlier seized by the local chairman of the Union Parishad and thereafter the plaintiffs have created a new forged power of attorney with help of some..Category: Property Law | Date: | Hits: 23
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