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Siraj Mal and others Vs. State, 1992, 21 CLC (HCD)

.....- This appeal under section 30 of the Special Powers Act, 1974 is directed against the judgment and order dated 29.12.88 passed by the learned Sessions Judge and Ex‑officio Special Tribunal No.1, Chandpur in Special Tribunal Case No.7 of 1988 convicting appellants Siraj Mal, Nurul Islam alias Nur...... earlier granted by this Court be discharged from his bail bond. Let the LC Records be sent down to the Court below expeditiously. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 688. ..

Category: Criminal Law | Date: | Hits: 69

Wadiuzzaman Vs. Chairman, BIWTA and others, 1992, 21 CLC (HCD)

....Ministry of Shipping in respect of the petitioner's promotion as contained in Annexure 'C' to the petition. 10. Dr. Rafiqur Rahman, the learned Advocate appearing for the respondents, on the other hand has submitted that the BIWTA (Authority) never cancelled the order No.68 of 1985 dated 6.2.85 w......without leave. Under these circumstances appropriate disciplinary proceeding was drawn up against him in accordance with law resulting in his removal. The order of transfer dated 15.11.88, the office note regarding absence of the petitioner from the place of duty during the visit of the Chairman are..

Category: Employment/Service Law | Date: | Hits: 116

Mobarak Ali (Md.) alias Mobarak Ali Mondal Vs. Bangladesh, 1997, 26 CLC (HCD)

....case under sections 302/34 of the Penal Code read with Special Powers Act, 1974 having been held on and from 25-4-78 was a nullity. Mr. Chhana, the learned Assistant Attorney-General, on the other hand, submits that cognizance having been taken prior to the amendment/omission of paragraph 5 of th......of Raisuddin Mondal of Village Bhadaikandi, PS and District Bogra be released at once if not wanted in connection with any other case. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 10. ..

Category: Criminal Law | Date: | Hits: 79

Afzal Miah and others Vs. Abdul Halim Gazi and others, 2011, 40 CLC (AD)

....hava in failing to consider that after declaration of elec­tion schedule, such dispute can not be resolved by writ petition other than an election petition. 6. Mr. Rokanuddin Mahmud, on the other hand, took us to the gazette notifi­cations dated 2nd July, 1998 and 21st June, 1973 and submitted ......as per voter list published including those 672 voters of Uttar Kistakathi. This petition is disposed of with the above observations. Ed. This Case is also Reported in: VIII ADC (2011) 824. ..

Category: Election Law | Date: | Hits: 172

Amirul Huq Shameem and others Vs. AKM Shamsuddin & others, 1995, 24 CLC (HCD)

....at with reference to this resolution, the convener of the newly formed ad-hoc committee, the defendant No.2, wrote to the former Chairman of the Mymensingh Dhaka Coach Malik Samity requesting them to hand over the organizational duties and function to the ad-hoc committee at 10-30 AM on 21-1-95. ......gned Judgment passed by the learned District judge, Mymensingh. In the result, the rule is discharged without any order as to costs. Ed. This Case is also Reported in: 49 DLR (HD) (1997) 77. ..

Category: Civil Law | Date: | Hits: 85

Abdul Khaleque Vs. Abdur Noor and others, 1995, 24 CLC (HCD)

.... misdirected himself in disallowing the petitioner's application for pre-emption causing failure of justice. 5. Mr. BK Das, the learned Advocate appearing for the opposite party No.1, on the other hand, contends that the suit holding comprised of two plots namely the plot No.1975 as chara land an...... agricultural land and section 96 of the Act is only available. In the result, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 49 DLR (HD) (1997) 74. ..

Category: Property Law | Date: | Hits: 52

Benode Behari Mondal Vs. Arabinda Sarder and others, 1995, 24 CLC (HCD)

....he plaintiffs were bargaders under the said owners and their names were recorded as such bargaders in the CS Khatian. Their further case is that Aviram died leaving son Guru Charan Ram Kanta and Rup Chand died leaving sons Ram Krishna and Ram Charan and they settled the suit land on 17-5-1939 with A......spose of the appeal within 3(three) months from the date of receipt of the record. The lower court records be sent down immediately. Ed. This Case is also Reported in: 49 DLR (HD) (1997) 72. ..

Category: Property Law | Date: | Hits: 51

Amjad Hossain and others Vs. State and another, 1995, 24 CLC (HCD)

.... revision. 5. As regards the 1st ground, the learned Advocate Mr. Ayenuddin appearing on behalf of the petitioners in support of the Rule could not show us any authority on the point. On the other hand Mr. Abdus Salam Mamun, the learned Assistant Attorney‑General by referring to the case of Kas......terfere with the same. In the result, the Rule is discharged and the order of stay stands vacated. Send back the LC records at once. Ed. This Case is also Reported in: 49 DLR (HD) (1997) 64. ..

Category: Criminal Law | Date: | Hits: 82

Muklesur Rahman (Md.) Vs. Government of Bangladesh represented by the Secretary, Ministry of Home Affairs and others, 1995, 24 CLC (HCD)

....gal and, as such, according to the learned Advocate for the petitioner the detenu is entitled to be released. 5. Mr. Laskar Fakhruddin Ahmed, the learned Assistant–Attorney General, on the other hand, finds it difficult to support the detention of the detenu in view of the grounds having been s......District Dhaka now detained in Dhaka Central Jail be released at once unless his further detention is required in any other connection. Ed. This Case is also Reported in: 49 DLR (HD) (1997) 63. ..

Category: Criminal Law | Date: | Hits: 105

Hazi Abdul Hakim Khan Vs. Lal Miah Saiyal alias Lal Miah and others, 2012, 41 CLC (AD)

....of land out of .28 acre of land of the suit Plot, stating that .28 acre land of Plot No. appertaining to S.A. Khatian No. 227 of Mouza Guatala under district Madaripur originally belonged to Kailas Chandra Saha and others. R.S. and S.A. records accordingly were prepared in their names. As one of th......ree. Surendra Kumar Sinha J. – I agree. Abdul Wahhab Miah J. – I agree. Nazmun Ara Sultana J. – I agree. Syed Mahmud Hossain J. – I agree. Ed. This Case is also Reported in: ..

Category: Property Law | Date: | Hits: 70

Professor Dr. Md. Yusuf Ali Vs. Chancellor of Rajshahi University, Rajshahi & others, 1997, 26 CLC (HCD)

....aj Vs. Deputy Custodian, Bombay, AIR 1966 SC 334 (366); M/s Heckett Engineering Co. Vs. Their Workmen, AIR 1977 SC 2257 (2261); Chief Justice of Andhra Prodesh Vs. LVA Dikshitulu, AIR 1979 (SC) 193; Khandkar Mustaque Ahmed Vs. Bangladesh, 34 DLR (AD) 222; Nur Mohammad Vs. Moulvi Mainuddin Ahmed, 39 ......ence by this Court. In the result this Rule is discharged. But in the facts and circumstances of the case we pass no order as to cost. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 1...

Category: Employment/Service Law | Date: | Hits: 158

Arun Chandra Das and others Vs. Chittagong Port Authority, Bandar Bhaban, Chittagong and others, 2010, 39 CLC (AD)

....This Case is also Reported in: VIII ADC (2011) 770. ......d with as prayed for. This appeal will be heard along with the appeal arose out of Civil Petition for Leave to Appeal No.2291 of 2008. Ed. This Case is also Reported in: VIII ADC (2011) 770. ..

Category: Employment/Service Law | Date: | Hits: 97

Siddiqur Rahman and others Vs. Md. Monwar Hossain and others, 2011, 40 CLC (AD)

....therefore, the High Court Division is not justified in arriving at the conclusion that the case is barred by limitation. Mr. Mahmudul Islam, learned counsel appearing for the pre-emptee, on the other hand, contended that the fundamental principle is that the pre-emptors are required to prove the dat......t assessment of the materials on record and appreciation of law arrived at a correct decision. The petition is accordingly dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 755. ..

Category: Property Law | Date: | Hits: 72

Md. Anwar Hossain and other Vs. Mosammat Hoshneara Begum alias Putul, being dead her heirs:-Kamrul Islam and others, 2011, 40 CLC (AD)

.... 3. The plaint case, in short, was that the land measuring 1912 decimals appertain­ing to mouza Bagura Alekanda in J.L. No.50 under C.S. Khatian Nos. 160 and 178, plot No.1548 belonged to Gobinda Chandra Shil. He executed a will and appointed his wife Sona Lakhshmi as executrix. Defendant No.3, R......e held at the instance of the parties and the last Advocate Commissioner deposed in Court in sup­port of his report, but the trial Court reject­ed his report by giving reasons. With the findings as noted hereinbefore the trial Court dismissed the suit. The appellate Court being the last Court of f..

Category: Property Law | Date: | Hits: 83

Noni Gopal Das and others Vs. Dinesh Chandra Das and others, 2011, 40 CLC (AD)

....9. ...... order and as such, the same does not call for interference by this Court. Accordingly, the petition for leave to appeal is dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 739. ..

Category: Property Law | Date: | Hits: 62

Md. Hossain Ahmed Vs. Bangladesh House Building Finance Corporation and another, 2011, 40 CLC (AD)

....other provision either in the Code or in the Artha Rin Adalat Ain, 2003 to take effec­tive step to cause delivery of possession of the mortgaged property to respondent No.2, but we could not lay our hand on any provision other than section 151 of the Code. In the above backdrop of facts, we find no......tance in the submissions of Mr. Quamrul Islam Siddique, so in the leave petition. Accordingly, the leave petition is dis­missed. Ed. This Case is also Reported in: VIII ADC (2011) 721. ..

Category: Civil Law | Date: | Hits: 108

Rafiqul Hossain @ Ranaesh and another Vs. Lal Mohan Saha and others, 1991, 20 CLC (HCD)

...................Petitioners Vs. Lal Mohan Saha and others....................Opposite Parties Judgment December 19, 1991. Cases Referred to- Mawazzam Ali Khan and others Vs. Shobash Chandra Pakrashi and another, 1927 Cal. 598; Mamtaz Meah Vs. Mosammat Amirunnessa, 9 DLR 444; Hatim V......trial Court passed the order of the attachment of the property. 9. In the result, the Rule is made absolute. No order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 718. ..

Category: Criminal Law | Date: | Hits: 90

Kibria and Associates Ltd. Vs. Bangladesh Agricultural Development Corporation, 1992, 21 CLC (HCD)

....) 66; Province of East Pakistan Vs. Messrs Architect Engineer and Co, 20 DLR 40; KM Shafi Limited Vs. Government of Bangladesh and others, 1983 BLD (AD) 109; Firm Madanlal Roshanlal Mohajan Vs. Hukumchand Mills Ltd., Indore, AIR 1967 (SC) 1030; Union of India Vs. Bungo Steel Furniture Private Ltd., ...... the case of State of Madhya Pradesh Vs. M/s Saith and Skelton Ltd. and others, 1972 (SC) 1507 and urged that section 34 CPC was not attracted to a proceeding before an Arbitrator. The learned Judges noted that the contention of the appellant in that case was in the absence of any usage or contract,..

Category: Alternative Dispute Resolution | Date: | Hits: 156

Inspector of Schools, Board of Secondary and Higher Secondary Education, Dhaka and others Vs. Managing Committee, Khashmahal Balurchar High School and others, 2003, 32 CLC (HCD)

....e of action to file the suit and the plaint is liable to be rejected. 4. Mr. Md. Habibullah learned Advocate appearing with Mr. Aminul Islam Mondal for the plaintiff-opposite parties, on the other hand by referring to the principle of law enunciated in the case of Secretary of State Vs. Masket &a......civil Court has got jurisdiction in calling in question an act done, order passed or proceeding taken by the controlling authority or by the board or by any committee under the Ordinance. It is to be noted that in the said reported case the Division Bench discussed the principle of law enunciated by..

Category: Employment/Service Law | Date: | Hits: 66

Khorshed Alam (Md.) Vs. Government of the Peo­ple's Republic of Bangla­desh represented by the Secretary, Ministry of Home Affairs, 2004, 33 CLC (HCD)

....0‑2‑2004 and is on bail in Mongla PS Case No.5 dated 9‑10‑2003. 4. Mr. Md. Abdul Qadir Talukdar, the learned Assistant Attorney-General, appearing for the respondent, submits, on the other hand, that the period of detention has been extended on the recommendation of the Advisory Board and......ngla, District Bagerhat, now detained in Bagerhat district jail, be set at liberty forthwith, if not wanted in connection with any other case. Ed. This Case is also Reported in: 57 DLR (2005) 32...

Category: Criminal Law | Date: | Hits: 64