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Kazi Liakat Ali and others Vs. Chairman, Civil Aviation Authority and another, 2003, 32 CLC (HCD)

....harged. The order of stay granted by this Court at the time of issuance of the Rule is hereby vacated. We however, make no order as to costs. Ed. This Case is also Reported in: 56 DLR (2004) 595.......regulation 2, there are three classes of employees of the Authority namely, ”শিক্ষানবিস, স্থায়ী বা অস্থায়ী” schedule of the Regulations shows the post of Cleaner at serial No. 160. However, there is no post of Cleaning Supervisor in this schedule...... and another ......................Respondents Judgment June 21, 2003. Result: The Rule is discharged. Cases referred to- Chairman BJMC Vs. Nasir Ahmed Chowdhury and others, 7 BLC (AD) 144; Rabia Bashri, Irena and another Vs. Bangladesh Biman Corporation and another, 52 DLR 308; T..

Category: Employment/Service Law | Date: | Hits: 125

Al Baraka Bank Bangladesh Ltd. Vs. Rina Alam and another, 2004, 33 CLC (HCD)

....iness of Gold Star Lines and Trans Bangla Shipping Line. He was the sole proprietor of those firms. The Bank obtained a general power of attorney in respect of the loans from her and she executed and registered said power of attorney on 22‑6‑87 through commission. The power was given in respect ......ffirmed. The bank is directed to return the schedule document within seven days of receipt of this judgment. Send down the LCR at once. Ed. This Case is also Reported in: 56 DLR (2004) 588.......am and another............Respondents Judgment April 12, 2004. Result: The appeal is dismissed. Cases referred to- Ms Sekendar Jute Baling Ltd Vs. Sonali Bank and another, 1998 BLD (AD) 268; Vemlata Reddy Vs. Pethi Reddy, AIR 1963 SC 99; Satyadhyan Ghosal and others Vs. Smt. Dearji..

Category: Civil Law | Date: | Hits: 109

Abdur Rashid Chowdhury Vs. Additional District Judge and others, 2003, 32 CLC (HCD)

....iefly the Court, against respondent Nos. 2 and 3 for a decree, amongst others, for declaring said respondent Nos. 2 and 3 bankrupt for nonpayment of a matured debt of Taka 3,33,000,00. The plaint was registered as Bankruptcy Suit No. 27 of 2000 and the learned Judge of said Court was pleased to fix ......by directed to proceed with the suit by issue of the summons/notice however, in accordance with law, expeditiously. Communicate at once. Ed. This Case is also Reported in: 56 DLR (2004) 573. ...............Petitioner Vs. Additional District Judge and others……………Respondents Judgment October 20, 2003. Result: The Rule is made absolute. Cases referred to- 42 DLR (AD) 86, Begum Lutfunnessa Vs. Bangladesh, 48 DLR (AD) 171; The Secretary, Internal Resource Division..

Category: Others | Date: | Hits: 185

Md. Iqbal Hossain Vs. Government of Bangladesh and others, 2011, 40 CLC (AD)

....passed by the High Court Division. Accordingly, the civil petition for leave to appeal is dismissed with the observa­tion made above. Ed. This Case is also Reported in: 17 BLC (AD) (2012) 42. ......ly upon respondent No.5 to allow the writ petitioner to take part in the ensuing Narayangonj City Corporation Election, 2011 upon accepting his nomination paper and allocating a symbol to him for the post of Councilor for Ward No.2 of that City Corporation. 2. The facts, leading to the filing of .....................Respondents Judgment October 27, 2011. Result: The Civil Petition for Leave to Appeal is dismissed. Case Referred to- Rafiqul Alam Vs. Mustafa Kamal, (1990) 42 DLR (AD) 137. Lawyers Involved: Mahbubuddin, Advocate, instructed by Md. Aftab Hossain, Advocate-o..

Category: Election Law | Date: | Hits: 250

Rashedul Alam Chowdhury Vs. ASM Shahajahan and another, 2011, 40 CLC (AD)

....ns of complaint were filed against him by respondent No.1 in the Court of Chief Metropolitan Magistrate, Chittagong under section 138 of the Negotiable Instruments Act, 1881. The said complaints were registered as CR Case No.478/ Kotwali Zone/2007 and CR Case No.477/Kotwali Zone/2007. Both matters a...... and orders of the High Court Division do not call for any interference by this Division. Accordingly, these petitions are dismissed. Ed. This Case is also Reported in: 17 BLC (AD) (2012) 39.......................................Respondents Judgment October 17, 2011. Result: The petitions are dismissed. Cases Referred to- Nizamuddin Mahmood Vs. Abdul Hamid Bhuiyan, 17 BIT (AD) 41. Lawyers Involved: Md. Asaduzzaman, Advocate, instructed by Syed Mahbubar Rahman, Advoc..

Category: Criminal Law | Date: | Hits: 75

Shahid Hamid and another Vs. Nilufar Momtaz and anothe, 2011, 40 CLC (AD)

..... Because of mal-adjustment, they divorced each other severing the marital tie in accordance with the Muslim Law on 19-2-1999. Defendant No.1 purchased the land of the schedule ‘Ka’ property by a registered deed of sale dated 26-12-1995 and constructed a multistory building thereon. Subsequently......erference. Therefore, we do not find any substance in this appeal. Accordingly, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 17 BLC (AD) (2012) 34. ......az and another..................................Respondents Judgment December 13, 2011. Result: The appeal is dismissed. Cases Referred to- Abul Khair Vs. Pubali Bank Ltd. 53 DLR (AD) 62; Kazi Shahjan Vs. Md. Khalilur Rahman Madbar 54 DLR (AD) 125. Lawyers Involved: Rafique..

Category: Property Law | Date: | Hits: 81

SAH Monowar Ali and others Vs. Chairman, Bangladesh Jute Mills Corporation and others, 2009, 38 CLC (HCD)

....ration will pay the arrear salary to the employees immediately. In the result, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 1. ......he Judgment passed in Writ Petition Nos.7127, 4560 and 4702 of 2002 became final and binding on BJMC Subsequently, BJMC cancelled the order of termination and allowed the petitioners to join in their post. The legal consequence of the Judgment was that the petitioners must be deemed to have never be......R (SC) 260; Subhash Chandra Patiher Dr Vs. Leena Chakroborty, 1995 CrLJ 715 (Cal); Dulal Chandra Bhar Sukumar Banerjee, 1958 CrLJ 1163; Secretary Ministry of Establishment Vs. AM Nurunnabi, 2001 BLD (AD) 41; 53 DLR (AD) 41. Lawyers Involved: Md. Salahuddin Dolon, Advocate - For the Petitioner..

Category: Criminal Law | Date: | Hits: 83

Mantu Faraji alias Jamal Faraji and others Vs. Mahiuddin Khan, 1996, 25 CLC (HCD)

....tructures from the case land. Being aggrieved by the said judgment and order passed by the trial Court the present petitioners preferred an appeal before the learned District Judge, Kushtia which was registered as Miscellaneous Appeal No.84 of 1987 and the said appeal on transfer was heard and dispo...... is a raiyati land within a village and so section 96 of the Act is attracted. In the result, the Rule is discharged without cost. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 147. ......………..Opposite Party Judgment November 17, 1996. Result: The Rule is discharged. Cases Referred To- 20 DLR 562, 1197; 21 DLR 633; 1 MLR (HC) 1996 page 70; 20 DLR 562; 33 DLR (AD) 323; 30 DLR 75; 1 MLR 72 Lawyers Involved: Abu Siddique, Advocate - For the Petitioners. ..

Category: Property Law | Date: | Hits: 70

Sabdul Ali (Md.) Vs. Md. Mabed Ali Sarker, 1997, 26 CLC (HCD)

....he parties were litigating in the civil Court. Mabed Ali Sarker filed an application under section 144 of the Code of Civil Procedure in respect of the self same land against the petitioner which was registered as Non-GR Case No.157 of 1995 in the Court of the Magistrate, 1st Class, Zone-3, Mymensin...... Proceedings of the Non-GR Case No.157 of 1995 pending in the Court of the Magistrate, 1st Class, Zone Mymensingh, is hereby quashed. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 146. ...... Proceedings of the Non-GR Case No.157 of 1995 pending in the Court of the Magistrate, 1st Class, Zone Mymensingh, is hereby quashed. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 146. ..

Category: Property Law | Date: | Hits: 75

NFM Universeum Estate Ltd. Vs. ANM Obaidul Islam and others, 2004, 33 CLC (HCD)

.... the suit land along with other land of CS Plot No. 158 originally belonged to one Abdul Kader and the record of rights were finally prepared and published in his name in CS khatian No. 4. Then, by a registered deed of sale Abdul Kader transferred the entire land of said CS plot to Sharat Chandra Gh......rocedure for using said deed in the suit knowing it to be forged and fraudulent for criminal prosecution. Send down the records at once. Ed. This Case is also Reported in: 56 DLR (2004) 563. ......rocedure for using said deed in the suit knowing it to be forged and fraudulent for criminal prosecution. Send down the records at once. Ed. This Case is also Reported in: 56 DLR (2004) 563. ..

Category: Property Law | Date: | Hits: 85

Abdus Samad & others Vs. State, 1989, 18 CLC (HCD)

..... Facts, in short, are that a complainant filed a petition of complaint in the Court of Chief Metropol­itan Magistrate, Dhaka by opposite party No.1 al­leging that the accused petitioners created a registered deed of agreement for sale dated 24.7.70 with oppo­site party No.1 in order to execute a......t with a fresh application on Revision along with a prayer for bail after surrender, if so advised. Send down the records at once. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 291. ......t with a fresh application on Revision along with a prayer for bail after surrender, if so advised. Send down the records at once. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 291. ..

Category: Criminal Law | Date: | Hits: 95

Md. Osman Vs. Fatema Khatoon & others, 1989, 18 CLC (HCD)

....l is allowed with costs and the judgment and decree of the lower appel­late Court is set aside and those of the Trial Court is upheld. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 270.......r his own use and occupation and he terminated the tenancy with the expiry of the last day of February, 1971 by serving notice under sec­tion 106 of the Transfer of Property Act through reg­istered post. He claimed compensation at the rate of Tk. 2/-per diem for unauthorized occupation since the t......l is allowed with costs and the judgment and decree of the lower appel­late Court is set aside and those of the Trial Court is upheld. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 270...

Category: Property Law | Date: | Hits: 66

Abdul Hakim (Md.) Vs. Government of the People’s Republic of Bangladesh & others, 1997, 26 CLC (HCD)

....ly nominated by the Establishment Division as ex-employee of Mujibnagar Government, he should be absorbed in different Ministries of the Government as per decision of the Government. Though they were registered and nominated as bona fide ex-employees of the Mujibnagar Government, on different pleas ...... “7. In this connection it was brought to the notice of the Cabinet that some employees of the People’s Republic of Bangladesh who had been serving the Government at Mujibnagar, have not yet been posted at appropriate place. 8. The Cabinet decided that these employees should continue to hold ......s……………….Respondents Judgment July 1, 1997. Result: The Rule is made absolute. Case Referred To- Secretary, Ministry of Industries Vs. Saleh Ahnaed and another, BLD 1981 (AD) 91. Lawyers Involved: Azizul Hasan, Advocate - For the Petitioner. Kaiseruddin Ahmed, D..

Category: Administrative Law | Date: | Hits: 183

Binode Bihari Ghose Vs. Assistant Custodian, Vested and Non-Resident Property and others, 1998, 27 CLC (HCD)

....was illegal, void, ultra vires, fraudulent and was not binding upon the plaintiff nor it was acted upon. 3. Plaintiffs case is that, Pulin Behari Paul sold 0.26 acres of land to the plaintiff by a registered kabala dated 7-6-79. Thereafter sold 0.261/2 acre of land to the plaintiff by another reg...... The judgment and the decree passed by the trial Court are upheld. There shall be no order as to costs. Let the LCR be sent down. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 134....... The judgment and the decree passed by the trial Court are upheld. There shall be no order as to costs. Let the LCR be sent down. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 134...

Category: Property Law | Date: | Hits: 56

Nirman International Ltd. Vs. Islam Steel Mills Ltd. and others, 1997, 26 CLC (HCD)

....ondent on 14-8-95 demanded payment of the outstanding dues in writing. As the appellant did not pay the amount the respondent 1 filed the suit for recovery of 7,86,28,200.35 on 1-1 1-95. The suit was registered and the Court passed order for service of fixing 1-7-96. 3. After institution of the s...... learned brother has already discussed and observed very clearly the legal aspect on this point in view of case laws cited before us. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 125. ......spondents Judgment February 5, 1997. Result: The appeal succeeds. Cases Referred to- Shamsul Huda Vs. Mozammel Huq and others, 27 DLR 256; Unimarine SA Panama Vs. Bangladesh 31 DLR (AD) 112; Md. Insan Ali Vs. Mir Abdus Salam, 1988 BCR (AD) 125; Johara Begum Vs. Rafique Kader, 25 DL..

Category: Procedural Law | Date: | Hits: 118

Nurul Islam and others Vs. Khatibuddin Ahmed and others, 2004, 33 CLC (HCD)

....accordance with law on the evidence adduced by the parties, if any. Send down the copy of this judgment and order to Courts below at once. Ed. This Case is also Reported in: 56 DLR (2004) 545.......tiffs made an application on 20‑9‑03 to the defendant petitioner No. 1, the President of the ad-hoc Committee to remove the Chief Election Commissioner and appoint some other Advocate to the said post and still brought the present suit on 17‑9‑2003. 13. The trial Court having refused to g......in Ahmed and others......................Respondents Judgment January 18, 2004. Result: The Rule is made absolute. Cases Referred to- Safaruddin and others Vs. Fazlul Haque, 49 DLR (AD) 151; National Bank of India Vs. Yakub Mia, 7 DLR 606; Abdul Barek Mia Vs. ABM Serajul Islam, 20 ..

Category: Civil Law | Date: | Hits: 74

Government of Bangladesh Vs. Syed Rashid Ahmed Ehsan @ Syed Abdur Rashid and others, 2010, 39 CLC (HCD)

....endant Nos. 4-5 who while possessing in equal share comprising 0.3603 acre out of .7206 acres of land in plot No.5137 transferred their share to Most. Jahurunnessa Khanam (proforma defendant No.3) by registered kabala No.15310 dated 15.11.1989 corresponding to 1st Agrahayan, 1396 B.S. at a considera......er of stay granted earlier by this Court stands vacated. Let a copy of the judgment along with lower Courts record be sent down at once. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 49.......f- Respondent-Opposite parties. Judgment August 19, 2010. Result: The Rule is discharged. Cases Referred To- Nur Mohammed & others Vs. Moulvi Mainuddin Ahmed and others, 6 BLD (AD) 342; Director of Housing and Settlement, Segunbagicha, Ramna, Dhaka Vs. Abdul Majid Howlader and..

Category: Property Law | Date: | Hits: 64

Adilur Rahman Khan Vs. Bangladesh, 2008, 37 CLC (HCD)

....hority and are of no legal effect. We are grateful to the members of the bar who have actively assisted us. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 3; 16 BLC (HCD) (2011) 100. ......thority, amongst others, to confiscate the money commensurate to the amount illegally earned and such confiscation results in to debar the person concerned to contest in the election or of any public post or a public companies, which is for all purposes alternative to the conviction; such power of t...... November 13, 2008. Result: The Rule is made absolute. Cases Referred To- Bangladesh, represented by the Secretary, Ministry of Establishment Vs. Shafiuddin Ahmed and two others, 50 DLR (AD) 27; Anwar Hossain Chowdhury Vs. Government of the People's Republic of Bangladesh, represented b..

Category: Constitutional Law | Date: | Hits: 264

Dr. Ahmed Husain Vs. Chairman, Bangladesh Telegraph and Telephone Board, Dhaka and others, 1997, 26 CLC (HCD)

....suance of the provisions as contained in sections 3(1), 2(3), 5(4), 15(1) and 20 of the Value Added Tax Act, 1991, he is not liable to pay value added tax on his personal telephone set as he is not a registered taxable person rendering services to others but using it for his own use. 5. Responden...... without any order as to cost. Stay order granted earlier in respect of realisation of the disputed portion of VAT is hereby vacated. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 115. ...... without any order as to cost. Stay order granted earlier in respect of realisation of the disputed portion of VAT is hereby vacated. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 115. ..

Category: Fiscal/Taxation Law | Date: | Hits: 138

Animal Protection Society Chittagong Vs. Laxman Chadra Das & others, 2003, 32 CLC (HCD)

.... relief whatsoever against any action taken or order made in the acquisition proceeding. 9. The declaration was sought for on, amongst other averments, that the plaintiff is a society. It was duly registered under the Societies Registration Act, 1860 in 1952‑53. It purchased the land long ago b......he deposit account of the Public Account of the Republic as provided under section 10(2) of the Ordinance. Send down the record at once. Ed. This Case is also Reported in: 56 DLR (2004) 522. ......he deposit account of the Public Account of the Republic as provided under section 10(2) of the Ordinance. Send down the record at once. Ed. This Case is also Reported in: 56 DLR (2004) 522. ..

Category: Property Law | Date: | Hits: 61