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Kabiruddin Ahmed Vs. Akmal Hossain and others, 1995, 24 CLC (HCD)
....: Kazi AT Manowaruddin J Kabiruddin Ahmed..............Petitioner Vs. Akmal Hossain and others............Opposite Parties Judgment August 20, 1995. Result: The Rule is made absolute. Cases Referred to- Ansar Ali Vs. Chief Election Commissioner and others, 45 DLR 379; A...... manner or procedure for challenging the validity of election held under the aforesaid Ordinance. 29. Section 26 of the said Ordinance merely provides that no election under the Ordinance shall be called in question except by an election petition and which shall be presented in such manner as ma...... no order as to costs. Let a copy of this Judgment and order be sent to the Chief Election Commissioner for his taking necessary steps. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 245.......DLR (HCD) (1996) 245...Category: Election Law | Date: | Hits: 301
Sarada Bala Sen Vs. Sheikh (Md.) & others,1995, 24 CLC (HCD)
.... from the suit premises alleging, inter alia, that defendant No.1 in the SCC suit was a monthly tenant under the plaintiff who habitually defaulted in payment of monthly rents and illegally sub‑let some portion of the suit premises to defendant No.2 of the said suit. Both the defendants of that su......the above decision, the connected application is however rejected. Communicate this order to the Court below at interest of justice. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 239.......ame as a legal owner; hence the suit for eviction was not maintainable against him without a prayer for declaration of title and recovery of possession. The learned SCC Judge at the conclusion of the trial found that the defendant No.1 was a, monthly tenant under the plaintiff and a habitual default......Sen............Appellant Vs. Sheikh (Md.) & others............Respondent Judgment April 20, 1995. Result: The appeal is dismissed. Cases Referred to- Firm Ishardes Devi Chand and another Vs. RB Prokash Chand and another, AIR 1969 (SC) 938; Abdul Hamid Khan and others Vs...Category: Civil Law | Date: | Hits: 130
Bazlu Talukder and 2 others Vs. State, 1995, 24 CLC (HCD)
.... Karim, Advocate ‑ For the Appeallant. Syed Matiul Islam, Advocate ‑ For the State. Criminal Appeal No.2252 of 1992. Judgment Md. Gholam Rabbani J.- Police charge sheeted eleven persons including the three appellants Nos.(1) Bazlu Talukder (2) Hemayet Talukder and (3) Belayet Talu......t of arrest issued against absconding‑convict Badal Talukder in connection with this Sessions Case stands withdrawn and cancelled. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 509. ......ven back to her step‑father Abdur Rashid who is also her, chacha and that she complained that she was raped by the three appellants and another accused Badal Talukder. 2. Accuseds were placed on trial before the Special Tribunal Madaripur, in Special Tribunal Case No.13 of 1992. By the Judgment...... is also Reported in: 48 DLR (HCD) (1996) 509. ..Category: Procedural Law | Date: | Hits: 85
Nizamuddin Dhali (Md.) Vs. State, 1993, 22 CLC (HCD)
....t Sessions Judge, Bhola in Special Case No.7/85 finding the appellant Md. Nizamuddim Dhali guilty of offence punishable under section 409 of the Penal Code and sentencing him to suffer two years imprisonment and to pay fine of Taka 300.00 and in default to suffer imprisonment for another three month......he light of the observations made in the body of this Judgment. The accused appellant may be allowed to remain on bail pending trial. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 507. ......sistant Sessions Judge, Bhola in his capacity as Special Judge of the district. The Trying Judge framed charge under section 469 of the Penal Code to which the accused pleaded not guilty and demanded trial. The prosecution examined 6 witnesses who were cross‑examined by the defence. During his exa......te. Criminal Appeal No.29 of 1987 (Barisal) Criminal Appeal No.943 of 1991(Dhaka). Judgment Badrul Islam Chowdhury J.- This Criminal Appeal is directed against the Judgment of conviction and sentence passed by Mr. Aktaruzzaman Bhuiya, Assistant Sessions Judge, Bhola in Special Case No.7..Category: Criminal Law | Date: | Hits: 95
Janata Bank Vs. Saiful Islam, 2006, 35 CLC (HCD)
....n Adalat, Bogra against the defendant respondent praying for recovery of Taka 39,49,957.00 as on 31.05.2000 and further prayed a decree of interest as 18% till realization of the claimed amount and also prayed for a final decree for selling the Mortgaged property described in the schedule to the pla......defendant-respondent within three months with a direction to amend the plaint as prayed for. Office is directed to do the needful. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 18. ......also prayed for a final decree for selling the Mortgaged property described in the schedule to the plaint, on failure to realize the decretal amount. 3. The respondent as defendant appeared in the trial Court and contested the suit by filing written statement denying all material allegations brou......ner Vs. Saiful Islam……………………………Respondent-Opposite Party Judgment March 12, 2006. Result: The application for amendment is allowed. Case Referred to- Kishandas Vs. Vithoba, (1909) 33 Bom 644. Lawyers Involved: J. K. Paul - For the Appellant. Md...Category: Civil Law | Date: | Hits: 117
Md. Aminul Haque Helal Vs. Mr. Justice Sultan Hossain Khan and others, 2006, 35 CLC (HCD)
....n, Dhaka Vs. Mahbub Hossain Chowdhury, 29 DLR (SC) 41; Sk. A. Rashid Vs. Bangladesh and others, 29 DLR 362. Lawyers Involved: Dr. Kamal Hossain with Rokanuddin Mahmud, Aminul Haque Helal (in person) and Md. Asad Ullah - For the Petitioner. Mahmudul Islam with A.F. Hasan Arif, Ajmalul Hossa......rvice of the republic the question of bar as contemplated by Article 118 (3) does not arise. 26. Having held that the office of the respondent No.1 is not in the service of the republic we are not called upon to consider where respondent No.1 discharges judicial function or quasi judicial functio......ove the petitioners case. In view of our discussions and findings made above, this rule is discharged without any order as to costs. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 1. ......n (Special Original Jurisdiction) Present: Md. Abdul Matin J ATM Fazle Kabir J Md. Aminul Haque Helal…………………………Petitioner Vs. Mr. Justice Sultan Hossain Khan and others…………………………Respondents Judgment March 06, 2006. Result: The..Category: Constitutional Law | Date: | Hits: 228
Md. Abdul Khaleque Vs. Uttara Bank Limited and others, 2011, 40 CLC (AD)
....n 115(1) of the Code of Civil Procedure being No.540 of 2000 against the aforesaid judgment and decree before the High Court Division. The High Court Division upon hearing the parties made the Rule absolute and set aside the judgment and decree passed by the learned Subordinate Judge in Title Appeal......nd no considerable substance in submissions of the learned Advocate for the petitioner. Accordingly, the leave petition is dismissed. Ed. This Case is also Reported in: 20 BLT (AD) (2012) 256.......ing aggrieved by and dissatisfied with the order dated 03.02.2006 the petitioner preferred Civil Revision No.5118 of 2006 and after hearing the parties the High Court Division upheld the order of the trial Court by judgment and order dated 16.10.2008. 6. The petitioner being aggrieved by and diss......Syed Mahmud Hossain J Muhammad Imman Ali Mohammad Mamtaz Uddin Ahmed J Md. Shamsul Huda J Md. Abdul Khaleque……………………………......Petitioner Vs. Uttara Bank Limited and others..............Respondents Judgment October 20, 2011. Result: The leave petitio..Category: Civil Law | Date: | Hits: 118
Bangladesh Parjatan Corporation Vs. Md. Ali Hossain and another, 2012, 41 CLC (AD)
.....2006 and most of the employees were stand released. All orders of transfer were harassing; the executive committee of the Karmachari Union of the Corporation in a meeting held on 23.02.2006 took a resolution demanding stoppage of the unnecessary transfer and harassment of the staffs and employees o......and the same could not be questioned by any employee like the petitioner irrespective of his self-declared position as president of the Union and since no valid committee of the Union existed, the so-called resolution taken, if any, had no basis and even if there was any elected committee of the Uni...... (Regd), Lah (supra). In the cited case squarely the same question was raised on behalf of the respondent-company that “as Foreman were not covered by the definition of ‘workman’ under the Industrial Disputes Act, 1947, the workers were not entitled to raise the question of their re-instatemen......Bhuiyan, 43 DLR (AD) 154; Workers of Bata Shoe Co. represented by Bata Mazdoor League (Regd), Lah Vs. Bata Shoe Co. Ltd. Batapur Lahore 23 DLR (SC), 60; Md. Motiar Rahman Vs. Government of Bangladesh and others being Writ Petition No.4540 of 2000; Secretary, Bangladesh Jute Mills Corporation Vs. SAH..Category: Employment/Service Law | Date: | Hits: 156
Government of Bangladesh and others Vs. Abdul Quader Mollah and another, 2011, 40 CLC (AD)
....this petition from judgment and order of the High Court Division in Writ Petition No.9199 of 2010 directing them to provide Division-1 (Classified) status in jail to the respondents as under trial prisoners. 2. Respondents moved a writ petition in the High Court Division claiming that they were a......ts to provide the petitioners Division-1 status under the Jail Code. There is no merit in this petition, which is accordingly dismissed. Ed. This Case is also Reported in: 20 BLT (AD) (2012) 240.......ers move this petition from judgment and order of the High Court Division in Writ Petition No.9199 of 2010 directing them to provide Division-1 (Classified) status in jail to the respondents as under trial prisoners. 2. Respondents moved a writ petition in the High Court Division claiming that th......M Khairul Haque CJ Md. Muzammel Hossain J Surendra Kumar Sinha J Md. Abdul Wahhab Miah J Nazniun Ara Sultana J Syed Mahmud Hossain J Muhammad Imman Ali J Government of Bangladesh and others ……………......Petitioners Vs. Abdul Quader Mollah and another …………..Category: Criminal Law | Date: | Hits: 95
Ishaque Mia (Md.) & another Vs. Abdul Mazid Mollah & others, 1995, 24 CLC (HCD)
....madder, Moni Mohan Somadder, Aswani Kumer Somadder, Jal Mohan, Babilal, Makkon Lai, Fani Bhusan, Bharat Chancra, Nikunja Behari, Chitta Ranjan, Brajo Bashi and Labonna Bela, Motillal Somadder was the sole heir of Kali Charan Somadder, Moni Mohan Somaddar, Lai Mohan, Babilal, Makkon Lai, Fani Bhusan,...... multiplicity of suit and further litigation concerning them. In the result, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 465. ......oladi in Title Suit No.197 of 1985. The plaintiffs‑petitioners have obtained this present Rule against the said impugned Judgment and decree in Title Appeal No.84 of 1986. 6. It appears that the trial Court after considering the evidence on record and comparing signature of the solenama and the...... others....................Opposite Parties Judgment July 31, 1995. Result: The Rule is discharged. Cases Referred to- Hemnalini Basu Vs. Md. Sabed Ali, 12 DLR 24; Rani Mumary Devi and others Vs. Siva Prosad Singh, 42 CLJ 280; Moulavi Abdul Mannan Vs. Md. Rafiqul Islam and others,..Category: Civil Law | Date: | Hits: 130
Sharon Laily Begum Jalil Vs. Abdul Jalil and others, 1995, 24 CLC (HCD)
..........Petitioner Vs. Abdul Jalil and others................Respondents Judgment August 30, 1995. Result: The Writ Petition Nos.1582 of 1995, 1583 of 1995 and 1584 of 1995 are made absolute. The Writ Petition No.1585 of 1995 is discharged. Lawyers Involved: Dr. Kamal Hoss......erica. Respondent No.1 again came back to Bangladesh in September, 1994 and during his stay in Bangladesh observing some changes in the living style of the petitioner the father of the petitioner was called at the house at Uttara and disclosed the same to him. At this the petitioner became very much......lean Akhter Jalil and Mohammad Shah Alam Jalil fortnightly and offer gifts, if any, at a time and place convenient to both the parties. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 460.......ourt High Court Division (Special Original Jurisdiction) Present: A M Mahmudur Rahman J Mahfuzur Rahman J Sharon Laily Begum Jalil...................Petitioner Vs. Abdul Jalil and others................Respondents Judgment August 30, 1995. Result: The Writ Petitio..Category: Family Law | Date: | Hits: 166
Abdur Razzaque @ Geda Vs. State, 1995, 24 CLC (HCD)
.... trial before the learned Assistant Sessions Judge and Special Tribunal Sylhet who found him guilty of the offence under section 395 of the Penal Code and sentenced him to suffer RI for 7 years and also to pay a fine of Taka 2,000.00 in default, to suffer RI for 4 months more. The learned Judge also......e leveled against him and is acquitted of the same. He may be set at liberty forthwith if not wanted in connection with any other case. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 457.......ul Advocates - For the Appellant. SA Hasan, Assistant Attorney‑General ‑ For the State. Criminal Appeal No.2016 of 1991. Judgment Qazi Shariuddin J.- Accused Abdur Razzak @ Geda stood trial before the learned Assistant Sessions Judge and Special Tribunal Sylhet who found him guilty o......istant Attorney‑General ‑ For the State. Criminal Appeal No.2016 of 1991. Judgment Qazi Shariuddin J.- Accused Abdur Razzak @ Geda stood trial before the learned Assistant Sessions Judge and Special Tribunal Sylhet who found him guilty of the offence under section 395 of the Penal Code ..Category: Criminal Law | Date: | Hits: 144
Abdus Salam Vs. Md. Ustar and another, 1982, 11 CLC (HCD)
....-sharers of the holding and that their names have been recorded in the khatian. They further alleged that the opposite party No.7 (in the pre-emption case) got the case land by way of petition and he sold it to the pre-emptee petitioner by kabala. The pre-emptor opposite parties further alleged that......ge 1124). In the result this rule fails and it is accordingly discharged without any order as to cost. The stay order is vacated. Ed. This Case is also Reported in:35 DLR (HCD) (1983) 65. ......ed that the petitioners not co-sharers or contiguous owners of the case land. 3. The learned Munsif allowed the application. On appeal, the learned Subordinate Judge affirmed the decision of the trial Court and dismissed the appeal. Hence this revision in this Court. Mr. B.K. Das, the lear......preme Court High Court Division (Comilla Bench) (Civil Revisional Jurisdiction) Present: Sultan Hossain Khan J Abdus Salam………………………Petitioner Vs. Md. Ustar and another…………………………Opposite Parties Judgment November 16, 1982. ..Category: Property Law | Date: | Hits: 113
Nitai Ch. Shaha and another Vs. M/s. City Ice and Cold Storage Ltd. and others, 1982, 11 CLC (HCD)
....on No. 233 of 1981) Vs. M/s. City Ice and Cold Storage Ltd. and others…………………Opposite-Parties (In both the cases) Judgment April 27, 1982. Result: The Rules are made absolute. Cases Referred to- Kumar Gokul Chandra Das Vs. Haji Mohammad Din, 42 C.W.N. page 97; S......sale deed as "contracted" the defendant Nos.2-7 with full knowledge of the contract of the sale of the suit land by defendant No.1 to the plaintiff have fraudulently and secretly created different so-called sale deeds in their favour in collusion with the defendant No.1 and as such the defendants No......d Subordinate Judge are set aside and the plaintiff opposite party's petitions for amendment are rejected. Ranadhir Sen J.- I agree. Ed. This Case is also Reported in: 35 DLR (HCD) (1983) 61....... High Court Division (Civil Revisional Jurisdiction) Present: Ranadhir Sen J Amin-ur-Rahman Khan J Nitai Ch. Shaha ……………Petitioners (In Civil Revision No. 4 of 1981) Umananda Shaha ……………Petitioners (In Civil Revision No. 233 of 1981) Vs. M/s. City Ice an..Category: Civil Law | Date: | Hits: 132
Matira Bewa & others Vs. Sree Sudhir Chandra Saha & others, 1982, 11 CLC (HCD)
....prayed for. In the reported decision the plaintiff had executed a kabala in favour of the defendant of that case in contravention of section 9 (since omitted) of the S. A. & T. Act and later on sought a declaration that the kabala was null and void. Court held that the plaintiff voluntarily ex......that it was for the first time in Second Appeal that the plaintiffs sought the declaration on the basis that the kabulyat was hit by a provision of law and the fraud that the learned Single Judge was called upon to consider was inherent in the very act of the plaintiff's being party to the contraven......his heirs who were substituted on the death of Jan Mamud, contested the suit contending, inter alia, that the kabulyat was a genuine transaction and was accepted by the plaintiffs and acted upon. The trial Court dismissed the suit. The Court of 1st Appeal upheld the Judgment and decree of the trial ...... High Court Division (Civil Appellate Jurisdiction) Present: Chowdhury ATM Masud J Md. Altaf Hosain J Matira Bewa & others…………………Appellants Vs. Sree Sudhir Chandra Saha & others…………………Respondents Judgment February 10, 1982. Result..Category: Property Law | Date: | Hits: 146
Ataur Rahman Vs. Election Commission & Others, 2010, 39 CLC (AD)
.... Commission stating, that a few booths of the said centre was shifted to the nearby Shaharpara Shah Kamal High School with the consent of all the contesting candidates and the Commission of Inquiry also found that such change did not materially influence or affect the election and requested the Elec......the official gazette and the presiding officer pursuant to Rule 43(1) of স্থানীয় সরকার (উপজেলা পরিষদ) অধ্যাদেশ, ২০০৮, hereinafter called as the Rules. 2008 consolidated the result of election of all the candidates for the post of ......ies arrived at a correct decision which does not require any interference by this Court. Accordingly, the leave petition is dismissed. Ed. This Case is also Reported in: 20 BLT (AD) (2012) 99.......l No.1478 of 2010 Judgment Md. Muzammel Hossain J. - This Petition for Leave to Appeal under Article 103 of the Constitution of People's Republic of Bangladesh is directed against the judgment and order dated 08.06.2010 passed by a Division Bench of the High Court Division in Writ Petition No..Category: Election Law | Date: | Hits: 296
Suratunnessa and others Vs. Nurjahab Bibi and others, 2011, 40 CLC (AD)
....dge, Biswanath, Sylhet under Section 96 of the State Acquisition and Tenancy Act praying for pre-emption, stating inter alia, that they are co-sharers and the original pre-emptee Mobaruk Ali, predecessor of the present petitioners, was a stranger to the case land and no notice of transfer was served......ed Senior Counsel for the appellants. We therefore, find no reasons to interfere with the same. The appeal is accordingly dismissed. Ed. This Case is also Reported in: 20 BLT (AD) (2012) 74. ......in the volume on 29.01.1992 and that the pre-emptee having been in possession of the case land from the date of execution on 25.12.1992, the pre-emption application is barred by limitation. 4. The trial Court dismissed the case on the ground of limitation because in the kabala it was stated that ......CJ Surendra Kumar Sinha J Md. Abdul Wahhab Miah J Nazmun Ara Sultana J Syed Mahmud Hossain J Muhammad Imman Ali J Mohammad Mamtaz Uddin Ahmed J Md. Shamsul Huda J Suratunnessa and others……………………………….....Appellants Vs. Nurjahab Bibi and others…..Category: Property Law | Date: | Hits: 84
Mazharul Haque Vs. Bulk Management (Bangladesh) Ltd. and others, 1996, 25 CLC (HCD)
.... 484 shares Mr. WR Chowdhury 396 shares Mrs. Rumana Mahmood 132 shares 2200 shares Originally late Ferdaus Alam, son of Mr. Iftekharul Alam respondent No.2 was one of the shareholder Directors of Star Services hol...... of an alleged transfer registered on 30‑4‑84. The original shareholding of respondent No.2 was 660 shares. 4. Fertexim (P.E) Holdings Limited of 4104 OCB Centre, Singapore‑0104 (hereinafter called "Fertexim") is the joint venture partner and foreign shareholder in the respondent No.1 Compa......5 to show cause why the application should not be admitted for hearing. 2. The case of the petitioner Mazharul Haque is as follows: In 1980 the petitioner applied for establishment of an industrial undertaking in joint collaboration with a foreign investor for bagging of fertilizer in bulk a......eme Court High Court Division (Original Civil Jurisdiction) Present: Mainur Reza Chowdhury J Mazharul Haque.....................Petitioner Vs. Bulk Management (Bangladesh) Ltd. and others.................Respondents Judgment April 4, 1996. Result: The application i..Category: Company Law | Date: | Hits: 185
Mahatab Hossain (Md) Vs. Upazila Nirbahi Officer and others, 2006, 35 CLC (HCD)
.... গাড়ীর ড্রাইভার" vide Memo No. 62 dated 28-4-1988 issued by the Chairman, Upazila Parishad, Pirganj, Rangpur (Annexure A) with effect from 12-4-1988 as per resolution No. 3 dated 11-4-1988 of the said Parishad. Before joining the said post the petitioner was......respondents, submits that there is no illegality in the impugned order of suspension, dismissal and also the order passed by the respondent No.3 dismissing the appeal and, as such, no interference is called for by this Hon'ble Court. He then submits that the respondents have taken all steps as per p......of the receipt of a copy of this judgment in accordance with law. Communicate a copy of the judgment to the concerned authority at once. Ed. This Case is also Reported in: 59 DLR (2007) 157. ......reme Court High Court Division (Special Original Jurisdiction) Present: MM Hossain J Farid Ahmed J Mahatab Hossain (Md)…………….Petitioner Vs. Upazila Nirbahi Officer and others……………..Respondents Judgment May 4, 2006. Lawyers involved: Md. Mazi..Category: Employment/Service Law | Date: | Hits: 180
Dr. Md. Alamgir Vs. Vice Chancellor, BUET and others, 2001, 30 CLC (HCD)
....ity of Engineering and Technology (BUET) and another to show cause as to why they should not be directed for finalisation of selection and appointment of the petitioner to the post of Assistant Professor in the Department of Civil Engineering, BUET, as recommended by the Selection Board, in pursuanc......ent of Civil Engineering, the petitioner filed an application on 25-4-2000 which was duly forwarded to the University by the Director, Bangladesh Institute of Technology (BIT), Khulna. The petitioner called on for an interview and he duly appeared before the Selection Board of the University on 11-6......l not make any order as regards the ad-hoc appointments of the respondent Nos. 3 and 4. In the result, this Rule is made absolute in part. Ed. This Case is also Reported in: 53 DLR (2001) 398....... Court Division (Special Original Jurisdiction) Present: Md. Joynul Abedin J ABM Khairul Haque J Dr. Md. Alamgir …………………….Petitioner Vs. Vice Chancellor, BUET and others………. Respondents Judgment April 15, 2001. Lawyers Involved: Subrata Ch..Category: Employment/Service Law | Date: | Hits: 160
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