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Nasima Akhter (Papi) Vs. Government of the Peoples Republic of Bangladesh, represented by the Secretary, Ministry of Home Affairs, 1994, 23 CLC (HCD)

....opposite party No.3, the Superintendent, Dhaka Central Jail, Dhaka is directed to report compliance with the above order to this court. Ed. This case is also Reported in: 49 DLR (HD) (1997) 57. ......od of 120 days for which the detenu had been detained vide the order of the Government dated 6-11-93. The learned Advocate for the petitioner submits that in the face of the above order of this court holding the entire period of detention of 120 days vide order of the Government dated 6-11-93 as ill..

Category: Criminal Law | Date: | Hits: 69

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

....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: ......7 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 the co-sharers of the suit holding fell into arrear of rent, certificate case being No. 92 SA 1985/86 was initiated and finally..

Category: Property Law | Date: | Hits: 70

Bangladesh Agricultural Development Corporation Vs. Md. Abdur Rashid and others, 2012, 41 CLC (AD)

....gree. Md. Abdul Wahhab Miah J. – I agree. Nazmun Ara Sultana J. – I agree. Muhammad Imman Ali J. – I agree. Md. Shamsul Huda J. – I agree. Ed. This Case is also Reported in: ......ce of the Court to show that the respondents of the instant leave petition had voluntarily retired and were not terminated; the High Court Division committed error in rejecting the review application holding that ‘question of termination in the garb of voluntary retirement was raised, considered a..

Category: Employment/Service Law | Date: | Hits: 73

Sukendra Bikas Das and others Vs. Anil Baran Das and others, 2010, 39 CLC (AD)

....pare the paper book out of court in accordance with rules. The order of stay granted earlier be extended till disposal of the appeal. End. This Case is also Reported in: VIII ADC (2011) 764. ......ndant Nos.15-17, 18-20 and 23 also filed separate written statements and con­tested the suit denying the claim of the plaintiff in the suit land. 5. The learned Assistant Judge dismissed the suit holding that the mother of the plaintiff could not get possession of the suit land on the basis of t..

Category: Property Law | Date: | Hits: 74

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

....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. ......rs seek leave from this Court from the impugned judg­ment and order of the High Court Division in Civil Revision No. 248 of 2003. 2. According to the pre-emptors they are co-sharer tenants of the holding trans­ferred to the pre-emptee respondent No.1 and no notice was served upon them about the..

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)

....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. ......of the entire property, he gradually purchased the inter­ests of temporary tenants and obtained khas possession of the suit land. Defendant No.5 made-constructions in the suit land, opened municipal holding and mutated the property in his name and in the name of his wife and inducted tenants therei..

Category: Property Law | Date: | Hits: 83

Bangladesh Technical Education Board Vs. Md. Anamul Haque and others, 2010, 39 CLC (AD)

.... of the Paper book is dis­pensed with as prayed for. The order of status quo granted earlier be extended till disposal of the appeal. Ed. This Case is also Reported in: VIII ADC (2011) 725. ...... 5. We have heard the learned counsel for the petitioners and the learned counsel appearing for the caveators. It is contend on behalf of the petitioners that the High Court Division erred in law in holding that the writ petition­ers have legitimate expectation to be appoint­ed against the advert..

Category: Employment/Service Law | Date: | Hits: 133

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

....as the petitioners have filed a case under section 144 CrPC and under section 379 of the Penal Code against the opposite parties the opposite parties shall be deemed to have been in possession of the disputed land. Be that as it may, the question which requires to be adjudicated in the application u......‘7, came to the conclusion: "From the evidences of P.Ws. 5‑7 we do not find anything which might lead the Court to disbelieve the contention of the plaintiff-­petitioner respondent." Upon so holding it further concluded that on the face of admission of P.W. 4 and P.Ws. 5‑7 who were good m..

Category: Criminal Law | Date: | Hits: 90

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. ......y the Board or by any committee created under the Ordinance. The application was resisted by the plaintiff-opposite parties. The learned Assistant Judge by the impugned order rejected the application holding that civil Court has jurisdiction to see as to whether show cause notice was issued in accor..

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

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

....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.  ......€‘9-­1990 passed by the learned Assistant Judge, 5th Court, Dhaka in Title Suit No.80 of 1998 rejecting the application filed by defendant-petitioners for fixing valuation of the suit property after holding an inquiry under section 8C of the Court-Fees Act. 2. Opposite party Nos. 1 to 4 as plain..

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. ......ged on the 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 sepa..

Category: Criminal Law | Date: | Hits: 76

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

....‑1) that the petitioner secured 68 marks in paper‑10 while secured 49 in paper‑5. These are the highest and the lowest marks secured by the petitioner in his sixteen papers, save and except the disputed marks of 32 obtained in paper‑13. 14. It may also be mentioned that the petitioner sec......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)

....ming that Borim Pramanik's daughter namely, Patashi Bibi, brought Other Class Suit No. 133/1941 for cancellation and setting aside the kabala deed dated 7‑11‑1940 by which they claim title to the disputed land. They further claimed that Other Class Suit No. 133/41 had been decreed ex parte on 4â......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...

Category: Criminal Law | Date: | Hits: 62

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

....uiry into the charges is fundamental in nature and goes to the root of the entire disciplinary proceedings. In the disciplinary proceedings the requirement of law is that if the charges are denied or disputed by the delinquent teacher, an enquiry must be conducted, by an enquiry committee on those c......n­-Opposition, sworn on 18‑2‑2002, submits that the authorities of the Rajshahi University meticulously followed the requirements of law contained in sub­section (3) of section 55 of the Act in holding as many as 3 enquiries and found him guilty of the charges as specifically spelt out in the ..

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

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. ......f mob violence at the time of counting of votes and ordered a repoll for the whole. The Supreme Court of India held that such an order under compulsion of circumstances can be saved under Article 324 holding that when the provisions of the Representation of People Act is silent without any direction..

Category: Election Law | Date: | Hits: 153

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

....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.......o.140 of Mouja Vulta under police station Rupganj within the district of Narayanganj. 3. The case of the pre‑emptor, in brief, is that the pre‑emptors are co-sharers by inheritance in the case holding, and that the opposite party No.4 without serving any notice under section 89 of the State A..

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. ......ving been shown as 25 years, the said entry could not be challenged and, as such, the Appellate Tribunal committed error of law resulting in an error in the decision occasioning failure of justice in holding that the present­ petitioner failed to prove that he attained the age of 25 years. In suppo..

Category: Election Law | Date: | Hits: 156

Ambala Cold Storage (Pvt.) Ltd. Vs. Prime Insurance Co. Ltd., 2001, 30 CLC (HCD)

....itioner for winding up the company and denying the material allegations, the respondent has stated that the petition has been filed as a pressure tactics to recover the so-called dues which is highly disputed by the respondent Company. It has been stated that the respondent company is a well reputed......ed without any order as to costs. The petitioner may, however, make their claim before the competent civil Court in terms of the policy. Ed. This Case is also Reported in: 56 DLR (2004) 422. ..

Category: Company Law | Date: | Hits: 168

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

....tainable, we do not think it is necessary to consider other grounds. In the result, the Rule is discharged with no order as to costs. Ed. This Case is also Reported in: 49 DLR (HD) (1997) 27. ...... his part and claimed that he was innocent of the charges and prayed for personal hearing so that he might be exonerated of the charges (Annexure‑G). 5. The Inquiry Officer fixed 14‑5‑81 for holding inquiry. It is alleged by the petitioner that during the inquiry, the Inquiry Officer record..

Category: Criminal Law | Date: | Hits: 78

Mokbul Ahmed Vs. Shamsul Rashid and others, 1996, 25 CLC (HCD)

....in Civil Revision No.250 of 1991 for stay has become infructous and the same is, accordingly, discharged without any order as to costs. Ed. This Case is also Reported in: 49 DLR (HD) (1997) 18. ......ended. The appellant accordingly prayed for recalling the said order of enrolment treating the property to be a Waqf property. The Waqf administrator heard the same application and dismissed the same holding that the property is a Waqf property though he made certain redundant remarks directing the ..

Category: Trust/Waqf Law | Date: | Hits: 165