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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...... It is neces­sary to state that the decree was passed by the Artha Rin Adalat in preliminary form in favour of the decree-holder for selling the mortgaged property. We have given our anxious thought over the matter as to whether, in the facts and circumstances of the case stated hereinbefore, there......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. ......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., ......Kar) 78; Champsey Bhara Company Vs. The Jivraj Balloo Spinning and Weaving Company Ltd., 1923 (PC) 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. Hukumchan......ters at rest arising out of the situation like the present one. In the result, we allow this appeal without any order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 712. ..

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......hool) and others reported in 46 DLR 485. Mr. Nurul Amin by referring to regulations 7(1) and 7(2) of the Board of Intermediate and Secondary Education Dhaka (Managing Committee of the Recognised Non-Government Secondary Schools) Regulations, 1977, shortly Regulations, submits that the authority of t......defendants under Order VII, rule 11 of the Code of Civil Procedure is allowed. The plaint of title Suit No.12 of 2002 is hereby rejected. Ed. This Case is also Reported in: 57 DLR (2005) 34. ..

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......R (2005) 32.......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

Wahiduzzaman (Md.) Vs. Government of Bangladesh & others, 2003, 32 CLC (HCD)

....e apprehension hat they may not be able to enjoy the benefit of ore than one ward of the Dhaka City Corporation in connection of this fact we may say that the writ petitioners did not come with clean hand. Moreover, their area has not yet been curtailed. 8. Both the learned Advocates have argued ...... 26. ...... are liable to be discharged. In the result, the Rules are discharged without any order as to cost. The stay granted earlier is vacated. Ed. This Case is also Reported in: 57 DLR (2005) 26. ..

Category: Civil Law | Date: | Hits: 79

Emdadul Hoque Vs. State, 2004, 33 CLC (HCD)

..... His further defence ease is that the deceased used to work in a local rice mill where she had extra‑marital connection with one Mukul, the owner of the said rice mill, and that she was caught red handed on the date and in order to avoid public criticism she committed suicide. 7. The learned t......rd ultimately came to the file of the present trial Court who on the basis of materials available on record framed charge against the accused-appellant under section 302 of the Penal Code and read it over to him on dock to which he pleaded not guilty and demanded trial. 5. The prosecution examine......n. Send down the LC records along with a copy of this judgment to the trial Court concerned immediately for information and necessary action. Ed. This Case is also Reported in: 57 DLR (2005) 21. ..

Category: Criminal Law | Date: | Hits: 76

Fazlur Rahman (Md) Vs. Md. Abdul Hamid, Advocate and others, 2002, 31 CLC (HCD)

....he petitioner is that sub-rule (3) of Rule 5 is inconsistent with the provisions of Article 148 read with Third Schedule of the Constitution relating to oath of Member of the Parliament. On the other hand, it has been argued on behalf of respondent No. 3 that sub-rule (3) is in no way inconsistent w......signated by the outgoing Speaker and if both the offices of the Speaker and the Deputy Speaker are vacant, before a person designated by the President for administering oath to Members and to preside over Parliament until a Speaker is elected. (2) Any person elected to Parliament who has not alre...... taken in this writ petition. So, the Rule is liable to be discharged. In the result, the Rule is discharged without any order as to cost. Ed. This Case is also Reported in: 56 DLR (2004) 448...

Category: Constitutional Law | Date: | Hits: 242

Hafez (Md.) Bazlur Rahman and others Vs. Bangladesh represented by the Secretary, Ministry of Law, Justice and Parliamentary Affairs and others, 2004, 33 CLC (HCD)

....strar can be licensed. This rule has been formulated by taking into consideration the need to create greater employment opportunities for the large number of Moulanas and unemployed people on the one hand, and providing efficient service for registration of marriages and divorces to the growing popu......Writ Petitions are discharged. Cases Referred to- Dr Nurul Islam Vs. Bangladesh, 33 DLR (AD) 201; Writ Petition No. 553 of 2003 with Writ Petition No. 7936 of 2002, Moulana Mahbubur Rahman Vs. Government of Bangladesh and others; Writ Petition No. 3654 of 1998, Bangladesh Vs. Mvi Syed Mushahid......2002, 832 of 2003, 728 of 2003, 2014 of 2003 and 2562 of 2003, therefore, have no substance and are discharged without any order as to costs. Ed. This Case is also Reported in: 56 DLR (2004) 444...

Category: Civil Law | Date: | Hits: 70

Padma Oil Co. Ltd. Vs. Registrar of Trade Unions & another, 2003, 32 CLC (HCD)

....he prayer of the petitioner for cancellation of registration of respondent No.2 Trade Union (respondent No. B‑48) in accordance with law. Ed. This Case is also Reported in: 56 DLR (2004) 438. ......Nisi was issued calling upon the respondents to show cause as to why the order contained in the impugned letter No. RTU/CAB (539)/2001/699 dated 9‑9‑2001 issued by the Registrar of Trade Unions, Government of Bangladesh Respondent No.1 (Annexure - A to this petition) should not be declared to ha......ed Counsel submitted that the petitioner is not an aggrieved body and thus the writ petition is not at all maintainable, and moreover, the company has no scope to interfere with the internal domestic management and affairs of the Trade Union by seeking remedy under writ jurisdiction. 6. The learn..

Category: Labour and Industrial Law | Date: | Hits: 158

Rajab Ali Zulfiqar Vs. State, 1993, 22 CLC (HCD)

....of Government fund by the Head Master of the said primary school from the Martial Law Authority, Bogra. 3. The case was then enquired into by an Assistant Inspector of DAB as well as by P.W.1 Md. Khandkar Nazmul Haque, (Retd.) Assistant Inspec­tor, Kurigram who after the enquiry having found a p......mary School drew an amount of Tk. 10,000.00 by cheque No.384382 dated 2.12.82 issued by the District Education Officer as the first instalment from the Bangladesh Krishi Bank, Kurigram Branch out of Government grant of Tk. 17,480.00 for the financial year 1981‑82 for doing some repair and developm......o surrender to his bail bond and serve out the remaining sentence at once. Let the, records of the, case be sent down immediately. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 705. ..

Category: Criminal Law | Date: | Hits: 92

Air Marshal Jamaluddin Ahmed (Retd) Vs. Government of Bangla­desh and others, 2004, 33 CLC (HCD)

....Major General Moinul Hossain Chowdhury Vs. Government of Bangladesh, 4 BLC (AD) 257; Union of India Vs. Harjeet Singh Sandhu, AIR 2001 SC 1772. Lawyers Involved: AFM Mesbahuddin, Advocate with Khandker Difiruzzaman, Advocate-For the Petitioner. Karuna Moy Chakma, Assistant Attorney-General-......ourt Division (Special Original Jurisdiction) Present: ABM Khairul Haque J Md. Miftahuddin Chowdhury J Air Marshal Jamaluddin Ahmed (Retd)…………………….Petitioner Vs. Government of Bangla­desh and others………………..Respondents Judgment June 13, 2004. ......om the date of receipt of the copy of this judgment and order. In the result, the Rule is made absolute but without any order as to costs. Ed. This Case is also Reported in: 57 DLR (2005) 1. ..

Category: Employment/Service Law | Date: | Hits: 148

State Vs. Abdul Hatem, 2003, 32 CLC (HCD)

....cal evidence, long abscondence and fact and circumstances of the case it does not leave any reasonable doubt for a conclusion consistent with the innocence of the condemned prisoner and, on the other hand, it only points out that it is the condemned prisoner who is the perpetrator of crime who had k......Jamalpur in Sessions Case No. 76 of 1999 arising out of Sarishabari Police Station Case No. 19(6)/97 corresponding to GR Case No. 462(2)97. Ed. This Case is also Reported in: 56 DLR (2004) 431. ......Jamalpur in Sessions Case No. 76 of 1999 arising out of Sarishabari Police Station Case No. 19(6)/97 corresponding to GR Case No. 462(2)97. Ed. This Case is also Reported in: 56 DLR (2004) 431. ..

Category: Criminal Law | Date: | Hits: 75

Ziaul Hoque alias Bakul Vs. Md Sirajul Islam and others, 2002, 31 CLC (HCD)

....ction (Additional Deputy Commissioner), Jessore, 20 DLR (SC) 336; Ahsanur Rahman Vs. Akkel Molla and others, 47 DLR 274. Lawyers Involved: Fazlul Karim with Mir Hashmat with Razbabul Kabir and Khandakar Aminul Huq, Advocates ‑ For the Petitioner. Md. Serajul Haque with Md Asrarul Hoque an......No. 1 contested the said election petition by filing a written objection stating, inter alia, that his date of birth is 11‑12‑69 and he being the eldest son of his parents was admitted at Dalpur Government Primary School, where he completed his education up to Class-V. In 1982 the petitioner was...... election for the post of Chairman of No.15 North Ichapur Union Parishad immediately in accordance with law. Send down the records at once. Ed. This Case is also Reported in: 56 DLR (2004) 424. ..

Category: Election Law | Date: | Hits: 156

Commander (Rtd) A A Chowdhury Vs. AKM Imam Hossain and others, 1996, 25 CLC (HCD)

....ond what can be compensated for in costs.” In that case the plaintiff prayed for declaration of his right of distribution, exhibition, exploitation etc. of a dupe negative of a Bengali Film “Chandranath” and for a mandatory injunction directing the defendant to deliver the dupe negative of......the suit. Both the learned Courts below found that defendant No.2 as an illegal and unauthorised occupant in the suit premises and decreed the suit against both the defendants for eviction and for recovery of arrear rents from defendant No.2 by the impugned judgment and decree. 7. Mr. SR Paul, th...... reference by this Court. In the result, the Rule is discharged with costs. The stay granted earlier by this Court is hereby vacated. Ed. This Case is also Reported in: 49 DLR (HD) (1997) 23 ..

Category: Property Law | Date: | Hits: 65

Syed Khalilulla Salik alias Juned Vs. Haji Md. Rahmat Ullah, 1995, 24 CLC (HCD)

....omplainant opposite party did not disclose the particulars of the alleged false document. 5. Md. Nazrul Islam Chowdhury, learned Advocate appearing for the complainant, opposite party on the other hand submits that taking of the signature of the complainant opposite party in a white paper itself ......ceeding of CR Case No.224 of 1988 pending in the Court of Magistrate, 3rd class, Sadar, Sylhet is quashed. Send back the LC records. Ed. This Case is also Reported in: 49 DLR (HD) (1997) 16. ......ceeding of CR Case No.224 of 1988 pending in the Court of Magistrate, 3rd class, Sadar, Sylhet is quashed. Send back the LC records. Ed. This Case is also Reported in: 49 DLR (HD) (1997) 16. ..

Category: Constitutional Law | Date: | Hits: 169

Md. Moniruzzaman alias Chaklet and others Vs. State, 2009, 38 CLC (AD)

....asud obstructed them and forcibly kidnapped Jannatul Eerdous @ Sagorika by a red coloured microbus. Informant tried to resist them when accused Mostak inflicted dagger blow causing injury to the left hand of inform­ant and accused Moniruzzaman @ Chaklet pointed a pistol and thereafter, the accused ......possible on the part of the accused to commit the alleged occur­rence of kidnapping; that as per prosecu­tion version the alleged occurrence took place on 13.03.2000 and the alleged vic­tim was recovered on the same day but her statement under Section 164 of the Code of Criminal Procedure seems t......ntence of the peti­tioners is commuted to rigorous impris­onment for 14 (fourteen) years. The sen­tence of fine is, however, maintained. Ed. This Case is also Reported in: VIII ADC (2011) 711...

Category: Criminal Law | Date: | Hits: 70

Md. Shajahan and others Vs. The Secretary, represented by the Ministry of Law, Justice and Parliamentary Affairs and others, 2011, 40 CLC (AD)

.... 9. On the above submissions, Mr. Islam prays for granting leave by this Division. Mr. M. A. Samad, learned Counsel, entering caveat on behalf of respondent No.4, the auction purchaser, on the other hand, has contended that the High Court Division rightly discharged the Rule by the impugned judgmen......ty and on that date the same was sold in auction at TK. 13,50,000.00 being the highest bid. The decree-holder Bank and the executing Court accepted the bid though the execution case was levied for recovery of TK. 15, 26,614.00. The petitioners being the owners of the scheduled property filed an appl......lant shall submit the concise statements by 12th April, 2011 and 1(one) week thereafter the respondent will file the concise statements. Ed. This Case is also Reported in: VIII ADC (2011) 685. ..

Category: Property Law | Date: | Hits: 48

Government of Bangladesh and another Vs. Monwarul Alam and others, 2011, 40 CLC (AD)

....ffs used to exer­cise their right of possession in the suit land by letting out the same to the Manager, Aqua Marine Limited. On 27.09.1984 suddenly the defendants gave a notice to the plaintiffs to hand over pos­session of the suit land treating the same as vested and non-resident property. The p......e appeal. Ed. This Case is also Reported in: VIII ADC (2011) 679. ......rder dated the 2nd March, 2010 passed by the High Court Division in Civil Revision No.1737 of 1996 is stayed till disposal of the appeal. Ed. This Case is also Reported in: VIII ADC (2011) 679. ..

Category: Property Law | Date: | Hits: 54

Shaki Md. Shoaib and others Vs. Md. Kashem Ali Bhuiyan and others, 2011, 40 CLC (AD)

....r to defray the cost of his treatment he offered to the plaintiffs to sell 33 decimals of land from suit plot No.373 at a consid­eration of TK. 4,25,000.00 and on receipt of a sum of TK. 2,00,000.00 handed over the documents of the said plot to the plain­tiffs for drawing up an agreement for sale.......it No.168 of 2000 in the Court of 1st Joint District Judge, Gazipur for specific performance of contract against defendant-respondent No.1 (hereinafter referred to as the defendant). In the suit the Government of the People's Republic of Bangladesh was also impleaded as defen­dant No.2 in view of t...... Court Division which shows that he has accepted the decree passed by the High Court Division. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 668. ..

Category: Property Law | Date: | Hits: 72