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

.... Division is perfectly justified in interfering with the judgment of the Court of appeal below. 5. We have heard the learned counsel of the parties and perused the judgments. The impugned deed was registered on 11th March, 1995 and the case was instituted on 26th November, 1995 beyond the peri­o......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. ......sion upon correct 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

Bangladesh Water Development Board Vs. Md. Shafiqul Islam and others, 2010, 39 CLC (AD)

....titioners arc permitted to add the additional grounds. The order of status-quo granted earlier be extended till disposal of the appeal. Ed. This Case is also Reported in: VIII ADC (2011) 752....... they are entitled to the similar status of Sub-Assistant Officers of Agricultural Extension Department. The petitioner No.1 issued a notification stat­ing that the Block Supervisors or equiva­lent posts under the Ministry of Agriculture who are three years Diploma holders will avail higher scale-...... Appellate Division (Civil) Present: ABM Khairul Haque CJ Md. Muzammel Hossain J Surendra Kumar Sinha J Bangladesh Water Development Board, represented by its Director General, WAPAD Bhaban, Motijheel C/A, Dhaka and others..........Petitioners Vs. Md. Shafiqul Islam and oth..

Category: Employment/Service Law | Date: | Hits: 94

A.M. Nurunnabi Vs. Government of Bangladesh, 2011, 40 CLC (AD)

....in interfering with the judgment of the Administrative Tribunal. This petition merits no consideration which is accordingly dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 750. ...... Surendra Kumar Sinha J. - Petitioner A.M. Nurunnabi by filing a petition under section 4 of the Administrative Tribunal Act, 1980 sought for a direction upon the respondents to promote him to the post of Deputy Inspector General, Police with effect from 5th May, 1983 and then to the post of Addi......ectly justified in interfering with the judgment of the Administrative Tribunal. This petition merits no consideration which is accordingly dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 750. ..

Category: Administrative Law | Date: | Hits: 194

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

.... his name and in the name of his wife and inducted tenants therein on monthly rental basis. Defendant No.5 and his wife transferred 0.431 acre of land including the suit land to defen­dant No.6 by a registered sale deed dated 01.09.1969 at a consideration of TK.6, 000.00. After purchase defendant N......t and order dated 28-29/10/2008 passed by the High Court Division in Civil Revision No.625 of 1995 is stayed till disposal of the appeal. Ed. This Case is also Reported in: VIII ADC (2011) 744. ......n of the judgment and order dated 28-29/10/2008 passed by the High Court Division in Civil Revision No.625 of 1995 is stayed till disposal of the appeal. Ed. This Case is also Reported in: VIII ADC (2011) 744. ..

Category: Property Law | Date: | Hits: 83

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

....a Das transferred the suit land measuring 1.48 acres to them by the deed in question. The defendants also accepted the gift. The deed of gift was executed by Narayan Chandra Das on 06.04.1985 and was registered on 29.07.1985: The plaintiff by taking chance of such delay in registering the deed of gi...... 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. ......d judg­ment and 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)

....Adalat for realization of the decreetal amount. During pendency of the execution case the judgment-debtor-petitioner sold the mort­gaged property to respondent No.2, name­ly, Kamrunnahar Nazma by a registered sale deed dated 07.08.2006. It further appears that at the direction of the execu­tion C......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. ...... we find no substance 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

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)

....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. ......dant No.1 asking the plaintiffs to show cause as to why the managing committee of the school should not be dissolved for wilfully flouting the order of the Board for reinstating defendant No.6 in his post as Headmaster of Khashmahal Baluchar High School. In the said suit an application was filed by ......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

AKM Haroon‑or‑Rashid & another Vs. AKM Mostafa Kamaluddin and others, 2001, 30 CLC (HCD)

....a 25,000 only. 3. The plaintiffs’ case, in short, is that the suit property belonged to the Government, Abdul Khaleque Dhali, plaintiffs' predecessor-in-interest, took settlement of the same by registered lease deed dated 29‑9‑1965. Abdul Khaleque Dhali paid all premiums except one and rem......e of receipt of the judgment. Let a copy of the judgment be communicated to the learned Assistant Judge concerned immediately. Ed. This Case is also Reported in: 57 DLR (2005) 29.  ......e of receipt of the judgment. Let a copy of the judgment be communicated to the learned Assistant Judge concerned immediately. Ed. This Case is also Reported in: 57 DLR (2005) 29.  ..

Category: Civil Law | Date: | Hits: 68

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

....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. ......he self‑same date whereupon the aforesaid police station case was started. 3. Police took up investigation, prepared inquest report of the dead body of deceased and sent it to morgue for holding post‑mortem examination, visited the place of occurrence and prepared sketch-map with separate ind............... Accused Appellant Vs. State…………………………………………………Respondent Judgment March 7, 2004. Case Referred to- State Vs. Khadem Mondal, 1990 BLD (AD) 228. Lawyers Involved: Golam Rabbani-For the Accused-Appellant. Fahima Nasrin Assistant..

Category: Criminal Law | Date: | Hits: 76

Abdul Mannan Bhuiyan (Md.) Vs. University of Rajshahi and others, 2004, 33 CLC (HCD)

....ding the application of the petitioner a cost should be imposed. In the result, the rule is made absolute with a cost of Taka 5,000 only. Ed. This Case is also Reported in: 57 DLR (2005) 14. ......ক্ষকের বিরুদ্ধে শাস্তিমূলক ব্যবস্থা গ্রহণ করা হোক।’’ 9. The Chairman of a Department is a very important post in the Faculty and recommended for re‑examination of the Paper‑13 in the above manner, the ......ding the application of the petitioner a cost should be imposed. In the result, the rule is made absolute with a cost of Taka 5,000 only. Ed. This Case is also Reported in: 57 DLR (2005) 14. ..

Category: Others | Date: | Hits: 157

Abdus Sattar Pramanik (Md) and another Vs. State and another, 2003, 32 CLC (HCD)

....t Judge, 1st Court, Bogra. Subsequently, after the death of Borim Pramanik, another grandson, namely Abdur Rahman alias Batu, filed Partition Suit No. 7 of 1996 claiming their share on the basis of a registered kabala dated 7‑11‑1940 and in that suit petitioners are defendants. After the death o......r of stay granted at the time of issuance of the Rule is hereby recalled. Communicate a copy of this order to the Court concerned at once. Ed. This Case is also Reported in: 56 DLR (2004) 453.......e and another………………Opposite Parties Judgment March 16, 2003. Result: The Rule is discharged. Cases Referred to- Shamsuddin Ahmed Chowdhury Vs. State and another, 49 DLR (AD) 159; Shambhu Nath Saha and others Vs. State, 43 DLR 660. Lawyers Involved: Idris Khan with..

Category: Criminal Law | Date: | Hits: 62

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)

....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.......ecretary, Ministry of Law, Justice and Parliamentary Affairs and others reported in 1996 BLD (AD) 110 it has been held that no vested right accrued to the Nikah Registrar on being appointed to such a post. The learned Advocate for the petitioner has also challenged the curtailment of a part of on......irs and others ......……………......Respondents Judgment January 10, 2004. Result: The 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 ..

Category: Civil Law | Date: | Hits: 70

Abdus Salam (Md) Vs. University of Rajshahi & others, 2004, 33 CLC (HCD)

....erty to proceed against the petitioner in accordance with law. In the result, this Rule is made absolute but without any order as to costs. Ed. This Case is also Reported in: 56 DLR (2004) 441. ...... appointed Chairman of the same Department till further orders. But by an order No. 4/2‑1(97‑98)2784(9) dated 11‑10‑1198 (Annexure E), issued by the respondent No. 4, he was relieved from the post of Chairman, pending enquiry about certain allegations raised against him. In due course, by Me......erty to proceed against the petitioner in accordance with law. In the result, this Rule is made absolute but without any order as to costs. Ed. This Case is also Reported in: 56 DLR (2004) 441. ..

Category: Employment/Service Law | Date: | Hits: 60

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

....to this Courts may seem fit and proper. 2. The case of the petitioner is that, the petitioner company is engaged in the sale and distribution of petroleum products in the country and there are two registered Trade Unions and workers and employees of the company namely, Padma Oil Company Ltd. Labo......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. ......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. ..

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

Afzal Hossain Vs. Chief Election Commis­sioner and others, 1992, 21 CLC (HCD)

.... act for the same avowed purpose of free and fair election. We find no illegality in the order and hence the petition is rejected. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 701. ......namely Justice MA Rouf, Chief Election Commissioner and Justice Syed Misbahuddin Hossain, Election Commissioner to include the name of the respondent No.8 allowing him to contest the election for the post of Chairman of No.1 Rajiher Union Parishad, setting aside the order of Thana Nirbahi Officer an......and others…………………………Respondents Judgment December 1, 1992. Result: The petition is rejected. Cases Referred to- Sheikh Abdus Sabur Vs. Returning Officer, 41 DLR (AD) 30; Mehinder Singh Gill Vs. Chief Election Commissioner, AIR 1978 (SC) 851. Lawyers Involved:..

Category: Election Law | Date: | Hits: 153

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

....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. ......equirement to record reasons by the confirming authority while passing the order confirming the findings and sentence of the court martial or by the Central Government while passing its order oil the post-confirmation petition, it is open to the person aggrieved by such an order to challenge the val......…..Respondents Judgment June 13, 2004. Result: The Rule is made absolute. Cases Referred to- Col. Md. Hashmat Ali (Retd) of Bangladesh Army Medical Corps Vs. Bangladesh, 47 DLR (AD) 1; Lieutenant General Abu Saleh Mohammad Nasim (Retd) Vs. Bangladesh, 1998 BLD (AD) 251=51 DLR (..

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

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

....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. ......al cavity. On deep dissection: Sigmoid colon was perforated. The mesentery of sigmoid colon and left common iliac artery was injured. There was a big haematoma under the parietal peritorium of the post abdominal wall. Huge amount at clotted blood which was resisted on washing was found in the pen......t Vs. Abdul Hatem ............….. Condemned Prisoner Judgment February 2, 2003. Result: Death Reference is accepted. Cases Referred to- Noor Jahan Begum Vs. State, 42 DLR (AD) 130; Al Amin and others Vs. State, 51 DLR 154. Lawyers Involved: Md. Helaluddin Mollah, De..

Category: Criminal Law | Date: | Hits: 75

Mozibar Rahman Molla (Md) and another Vs. Rehazuddin and others, 2003, 32 CLC (HCD)

.... that the opposite party No.4 without serving any notice under section 89 of the State Acquisition and Tenancy Act, 1950 upon the pre‑emptors, sold the case land in favour of the pre­-emptees by a registered kabala dated 11‑2‑1996 and the purchasers are strangers in the holdings. The pre‑em......ons made in this judgment. Send down a copy of this judgment along with the Lower Courts Record to the trial Court at once for compliance. Ed. This Case is also Reported in: 56 DLR (2004) 427.......ons made in this judgment. Send down a copy of this judgment along with the Lower Courts Record to the trial Court at once for compliance. Ed. This Case is also Reported in: 56 DLR (2004) 427...

Category: Property Law | Date: | Hits: 98

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

.... 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. ......iny of the nomination paper on 4‑11‑97, including the election petitioner. The petitioner having attained the age of 25 years as shown in the voter list he was qualified to be a candidate for the post of Chairman and people rightly elected him. 4. The Tribunal by its decision dated 24‑1‑9...... 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

KM Fazlul Haque Vs. Chairman, Bangladesh Agricultural Development Corporation and another, 1996, 25 CLC (HCD)

....on. 9. Thereafter, the DACO, Pabna started Raiganj PS Case No.2, dated 20‑2‑82 under section 409 of the Penal Code read with sub‑section (2) of section 5 of Act 11 of 1947. The said case was registered as Special Case No.14 of 1982 (Serajganj). The learned Divisional Special Judge acquitted......dated 9-9-90 (Annexure‑Q) should not be declared, to have passed without lawful authority and is of no legal effect. 2. The facts, in short, as stated in the petition are that the petitioner was posted to the thana store, Bangladesh Agricultural Development Corporation (BADC), Raiganj, Serajgan......ed calling upon the respondents to show cause why the order passed under Memo No. 4 Sangsthapan‑26/80‑81/49 (48), dated 2‑1‑82 (Annexure-K) the signature of the District Manager (Fertilizer) BADC, Pabna and subsequent order or orders passed pursuant to the said order (Annexure‑K), includin..

Category: Criminal Law | Date: | Hits: 78