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Government of Bangladesh and others Vs. Md. Shafiqur Rahman, 2011, 40 CLC (AD)
....the writ petition) issued under the signature of the Deputy Secretary was not his independent order or decision, rather it was a communication of Government policy decision on the writ-petitioner's claim, the learned Judges of the High Court Division erred in law in making the Rule absolute on the......y General instructed by Mrs. Mahmuda Begum, Advocate-on-Record-For the Petitioners. Salahuddin Dolan, Advocate instructed by Zahirul Islam, Advocate-on-Record-For the Respondent. Civil Petition for Leave to Appeal No.1688 of 2010. (From the judgment and order dated the 18th and 19th Novembe......Wit Petition No.3969 be stayed till hearing of the appeal. The appellants are directed to make the appeal ready for expeditious hearing. Ed. This Case is also Reported in: VIII ADC (2011) 572...Category: Employment/Service Law | Date: | Hits: 86
.... as such, the impugned judgments should be set-aside. He further submits that no express promise/undertaking/representation was made by the writ-respondents, and as such, the writ petitioners can not claim legitimate expectation to be appointed in the revenue set-up.
10. Mr. Rokonuddin Mahmud, le......011).
Not represented-Respondent Nos.3-17, 21, 23-27, & 29-5 (In Civil Petition No. 960 of 2011).
Not represented-For the Respondents (In Civil Petition No. 959 of 2011).
Civil Petition for Leave to Appeal Nos. 944-46 of 2011.
(From the judgment and order dated 13.12.2010 passed by ......e on proper appreciation of laws and facts do not call for interference.
Accordingly, all the leave petitions are summarily dismissed.
Ed.
This Case is also Reported in: VIII ADC (2011) 562...
Category: Employment/Service Law | Date: | Hits: 66
Anwarul Hoque (Md.) Vs. Golam Mahmud and Md. Mohsin, 1999, 18 CLC (HCD)
....tary, Ministry of Law, Justice and Parliamentary Affairs for circulation to the District Judges for guidance of all subordinate courts. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 242.......-97. Operative portion of that order of the Court was as follows: “Ordered that the Misc. Case be allowed on contest with cost. The petitioner is to realise Taka 39,567.05 as due on 31-10-79 and for subsequent period the petitioner is entitled to realise interest at the rate of 5% till the real......e court and the allegations of the petitioner are not correct and annexed along with the said application a copy of the statement of account calculating interest at the rate of 5% and that as soon as money is deposited by the borrower that would be entered into the ledger and on receipt of the order..Category: Criminal Law | Date: | Hits: 73
Ezahar Ali Mondol and others Vs. Golam Rasul and others, 1991, 20 CLC (HCD)
....ose of the learned Assistant Judge are affirmed. Considering the facts and circumstances of the case there will be no order as to cost. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 653.......is the Chairman of Maheshwaripur Union Parishad, Upazila Koyra, District Khulna. Defendant No.1 was the Chairman Khulna Zila Parishad. It is alleged that there is no permanent office building of the aforesaid union parishad and no community centre. The authority concerned decided to construct office...... permanent office building of the aforesaid union parishad and no community centre. The authority concerned decided to construct office building of the union parishad and community centre and as such money was sanctioned. The plaintiff being Chairman and other members of the union parishad concerned..Category: Civil Law | Date: | Hits: 99
Agrani Bank Vs. Artha Rin Adalat and others, 2003, 32 CLC (HCD)
....ion is maintainable. In paragraph 23 of the cited case it has been stated that our view is that in this case it matters little whether the High Court Division arrived at its decision on the counter‑claim by way of revision or writ, because the counter‑claim was not patently maintainable and ther......petitioner Agrani Bank impugned the order dated 27‑11‑2002 passed by Artha Rin Adalat and Joint District Judge, 1st Court, Madaripur in Money Execution Case No.21 of 1993 rejecting an application for review. 2. Briefly stated, the facts are that the petitioner Bank instituted Money Suit No. 2......our considered view is that the Writ Petition against the impugned order is not maintainable. The writ petition is thus summarily rejected. Ed. This Case is also Reported in: 55 DLR (2003) 389. ..Category: Administrative Law | Date: | Hits: 200
Rezaul Karim (Md.) Vs. State, 2002, 31 CLC (HCD)
....t liberty forthwith if not wanted in connection with another case. Send down the LC record with a copy of this judgment expeditiously. Ed. This Case is also Reported in: 55 DLR (2003) 382. ......ate, 27 DLR (AD) 29; Babar Ali Mollah Vs. State, 44 DLR (AD) 10; State Vs. Mukhtar Ali and another, 10 DLR 155; Emran Ali alias Md. Emran and others Vs. State, 37 DLR. Lawyers Involved: Md. Lutfor Rahman Mondal with KM Zahid Sarwar, Advocates‑ For the Appellant. ABM Waliur Rahman Khan, A...... Bakar entered into an agreement to buy a land measuring 3¼ bighas belonging to Zahru's mother which was possessed by the accused Hares, maternal cousin of Zaru at a price of Taka 42,000. An earnest money amounting to Taka 10,000 was paid and it was stipulated that the sale deed would be registered..Category: Criminal Law | Date: | Hits: 71
Bangladesh Sugar and Food Industries Corporation Vs. Md. Kashem and others, 2002, 31 CLC (HCD)
....bject to the condition that before cancelling the allotment month's notice would be given and the plaintiff having accepted the allotment on such terms and conditions could not have any grievance and claim that he was entitled to get permanent lease of the suit property. Mr. Islam submitted that let......gment and are disposed of by this single judgment. 2. The opposite party No. 1 (in both the Rules) filed Title Suit No. 144 of 1975 in the court of Subordinate Judge, 3rd court, Dhaka, on 3-9-1975 for declaration that the letter dated 25‑8‑1975 issued by the defendant No. 1 cancelling his le......ined: A lease of immovable property is a transfer of a right to enjoy such property, made for a certain time, express or implied, or in perpetuity, in consideration of a price paid or promised, or of money, a share of crops, service or any other thing of value, to be rendered periodically or on spec..Category: Property Law | Date: | Hits: 122
M/S. Rupanti Enterprise Vs. Unilever Bangladesh Limited and others…, 2011, 40 CLC (AD)
....nd respondent No.1 shall file the concise statement within one week thereafter. The appeal is fixed for hearing on October 10, 2011. Ed. This Case is also Reported in: VIII ADC (2011) 551. ......ahmud, Senior Advocate instructed by Ashrafuzzaman Khan, Advocate-on-Record-For Respondent No.1. (In both the cases) None represented-For Respondent Nos.2-55 (In both the cases). Civil Petition for Leave to Appeal Nos. 903-904 of 2011. (From the judgment and order dated the 11th day of Jun......, therefore, legally entitled to manufacture, import, distribute and market Unilever products within the territory of Bangladesh. The petitioner, in course of its business, has invested a huge sum of money in marketing, brand promotion and advertising the above mentioned products. The wide-spread cu..Category: Fiscal/Taxation Law | Date: | Hits: 168
Chairman, National Housing Authority Vs. M/s. MR. Trading Co. and others, 2011, 40 CLC (AD)
....tituted Writ Petition No.3262 of 2003 and secured an interim order of stay. The appellants refused to pay out standing bill of Tk. 29,64,51,716/-. 3. The appellants contested the suit refuting the claim of the plaintiff. Their case is that the plaintiff was given earth works of section 9, Divis......dent No.1 instituted the suit seeking declaration, mandatory injunction and recovery of Tk. 29,64,51,760/-. According to the plaint case, the plaintiff being the lowest bidder was given work orders for development of certain area earmarked as D-1, D-2, E-1, E-2, E-3, F-1 and F-2, Section 2, Mirpur......ordingly the appellants gave the work orders on 18th December, 2002. After executing works for only 30 days, the plaintiffs again stopped the works. The plaintiff had already withdrawn the excess money along with the security money in collusion of the officers. The suit is, therefore, not mainta..Category: Civil Law | Date: | Hits: 73
Lal Mamud and others Vs. Siraj Miah and others, 1991, 20 CLC (HCD)
....wer inasmuch as by the order complained of, in my opinion, no failure of justice has been occasioned. Order 8 rule 1(2) empowers a defendant to put a document in evidence in support of his defence or claim, although he did not file the written statement with the leave of the Court, even during the p...... Rahman J.- Civil Revision No.605 of 1985 is at the instance of the plaintiff‑petitioner while Civil Revision No.383 of 1985 at the instance of defendant No.88 petitioner. 2. The facts necessary for disposal of these Rules are as follows: In Civil Revision No.383 of 1985 a simple question fa......s are discharged. No order as to costs. The trial Court is directed to proceed with the suit in accordance with law expeditiously. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 638. ..Category: Property Law | Date: | Hits: 79
Mustafa Kamal and others Vs. Director of Land Records and others, 1991, 20 CLC (HCD)
....sale and Nur Mohammad sold the same in favour of one Siddique Ahmed by a registered kabala dated 3.12.69. The present petitioners purchased the suit land from the said Siddique Ahmed. The petitioners claim that the suit land be recorded in their names. That one Mohammad Harunur Rashid filed an objec......oners and others filed an appeal case against his objection Case No.139 dated 15.10.1980. The appeal case was numbered as Appeal case No.25187/81. The appellate authority after complying with the due formalities and after obtaining the Survey Report and hearing the parties allowed the appeal and dir......assed without lawful authority and the same are of no legal effect. In the result, both the Rules are made absolute without costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 634. ..Category: Property Law | Date: | Hits: 73
AKM Mukhlesur Rahman Vs. State, 1991, 20 CLC (HCD)
....l Special Judge for trial. Before that Court a charge under section 161 of the Penal Code read with section 5(2) of Act II of 1947 was framed against this appellant to which he pleaded not guilty and claimed to be tried. 4. Before the trial Court the prosecution in all produced and examined 13 wi......ional Special Judge found this convict‑appellant guilty of the charge under section 161 of the Penal Code read with section 5(2) of Act II of 1947 and sentenced the appellant to suffer imprisonment for 1 (one) year and to pay a fine of Tk. 3000.00, in default to suffer imprisonment for a further p...... transferred to a nearby place. After some higgling it was decided that she would pay Tk. 1000.00 as first instalment and the balance is to be paid in a day or two. This appellant told her to pay the money by 4/4‑30 PM of 8.3.89. P.W.2. further deposed that she decided to bring the matter to the n..Category: Criminal Law | Date: | Hits: 90
....Jammu @ Kashmir) 40 it was held: in inquiry before high academic bodies, the delinquent is not and cannot be given right to cross‑examine the witness as a judicial proceedings. Nor can such persons claim access to all records with the University. All that is necessary is to give him notice of the ......sful standing first in order of merit in the said Board. Thereafter, he got himself admitted as a student of 1st year HSC (Science) in Dhaka College and had been prosecuting his studies and filled up forms to sit for the HSC Examination from Dhaka College, Dhaka. Before the SSC Examination the fathe......ayer in disposing of a matter under Article 102 of the Constitution.
The Rule is therefore discharged without any order as to costs.
Ed.
This Case is also Reported in: 45 DLR (HCD) (1993) 619...
Category: Civil Law | Date: | Hits: 159
Elas Bepari @ Akhas Vs. The State, 2011, 40 CLC (AD)
....n trial before the Additional Sessions Judge, Court No.3, Kishoregonj in Sessions Case No.23 of 2001and was charged under sections 302/149/379/380 of the Penal Code to which he pleaded not guilty and claimed to be tried. 3. The prosecution case, as it appears from the evidence of P.W.1, the infor...... Involved: Khandaker Mahbub Hossain, Senior Advocate instructed by Abu Sams Md. Khalequzzaman, Advocate-on-Record-For the Petitioner. For the Respondent-None represented. Criminal Petition for Leave to Appeal No.96 of 2009. (From the judgment and order dated the 13th day of January, 20......eaded not guilty and claimed to be tried. 3. The prosecution case, as it appears from the evidence of P.W.1, the informant was that on 19.05.1998 when his nephew, Aslam Ali (the deceased) demanded money from accused Altaf Ali Bepari for giving water in his land for irrigation an altercation took ..Category: Criminal Law | Date: | Hits: 52
Globe Bruges Ltd. Vs. Arab Bangladesh Bank Ltd. And others, 2011, 40 CLC (AD)
..... 275 of 2000. The defendant No.1 ultimately obtained decree in Title Suit No.275 of 2000 for Tk. 9,14, 00,000/. 3. The defendant No.5 offered to the defendant Nos.2-3 to settle up the aforesaid claim amicably with the defendant Bank. The defendant No.1 accordingly in its Board meeting held on ......nt Nos.4 & 5. Syed Amirul Islam, Senior Advocate, instructed by Zohirul Islam, Advocate-on-Record-For Respondent No.7. Not Represented-For Respondent Nos. 3-6 & 8-10. Civil Petition for Leave to Appeal No. 548 of 2010. (From the judgment and order dated 7.1.2010 passed by the Hi......e appeal on assigning proper reasons. We, therefore, find no reason to interfere with the same. The petition is accordingly dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 483. ..Category: Civil Law | Date: | Hits: 93
Bashaboo Girls High School Vs. Sharafunnessa and others, 2011, 40 CLC (AD)
....t? 5. Are the plaintiffs entitled to get the decree as prayed for? " 5. The plaintiffs admitted the acquisition of the suit land, which according to them belonged to their fore fathers and they claimed their possession since their fore fathers, on the acquired land asserting that no compensati...... by Muhammad Nawab Ali, Advocate-on-Record-For the Petitioner. Zainal Abedin, Advocate-on-Record-For the Respondent No.9. Not represented-For the Respondent Nos.1-8 and 10-13. Civil Petition for Leave to Appeal No. 638 of 2009. (From the judgment and order dated 18th January, 2009 passe......le". Security of Tk. 1000/- is to be deposited within 1 (one) month. Preparation of paper book, is dispensed with, as prayed for. Ed. This Case is also Reported in: VIII ADC (2011) 498. ..Category: Property Law | Date: | Hits: 70
.... plaintiffs stated in paragraph 3 that they took settlement of the suit land in the benami of Khairul Alam on the ground that if they had taken settlement in their names their co-sharers might have claimed right in the said property. Mr. Attorney General submitted, this claim is apparently false......e-on-Record-For the Petitioner.
M. A. Mannan, Senior Advocate, instructed by Md. Aftab Hossain, Advocate-on-Record- For Respondent No.8
Not Represented-For Respondent Nos.1-7.
Civil Petition for Leave to Appeal No.432 of 2009.
(From the judgment and order dated 31.7.2004 passed by the Hi......ring the plaintiffs' title in the suit land."
Petitioner is permitted to prepare the paper book out of Court in accordance with rules.
Ed.
This Case is also Reported in: VIII ADC (2011) 479.
..
Category: Property Law | Date: | Hits: 76
....nsingh for preemption of the case land under section 24 of the Non-Agricultural Tenancy Act, 1949 against Saraswati Rani Paul, the predecessor-in-interest of the respondent Nos. 1 (Ka) and 1(Kha) claiming that he is a co-sharer in the tenancy recorded in C.S. Khatian No. 323 of Mouza Mymensingh ......h Chandra Biswash, Advocate-on-Record-For the Respondents.
Civil Review Petition No.130 of 2010.
(From the judgment and order dated 23.08.2009 passed by the Appellate Division in Civil Petition for Leave to Appeal No.2149 of 2008.)
Judgment
Surendra Kumar Sinha J.-This petition for revie....... Since review does not mean rehearing of the matter, we find no merit in the review petition.
The petition is accordingly dismissed.
Ed.
This Case is also Reported in: VIII ADC (2011) 477.
..
Category: Procedural Law | Date: | Hits: 76
Rupesh Ranan Dey and another Vs. Md. Abdur Razaque and others, 2010, 39 CLC (AD)
....itted an error apparent on the face of the record in passing a decree of permanent injunction in respect of the suit land. The learned Counsel further submitted that the plaintiff having raised their claim on the basis of a decree of a specific performance of contract and they having obtained a do...... by Md. Zahirul Islam, Advocate-on-Record-For the Petitioners. Chowdhury Md. Zahangir, Advocate-on-Record-For Respondent No.1. None represented-For Respondent Nos.2-57. Civil Review Petition for Leave to Appeal No.140 of 2009. (From the judgment and order dated the 31st day of May, 2009 ...... above, we find no substance in the submissions of the learned Counsel for the petitioners. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 512. ..Category: Property Law | Date: | Hits: 50
Anti Corruption Commission Vs. M.A.H. Salim and others, 2011, 40 CLC (AD)
....interim order of the Magistrate. Mr. Rafique-ul-Haque, learned Counsel appearing for the caveator, on the other hand, submits that the Anti-Corruption Commission did not dispute the writ petitioner's claim that he kept the said amount in his accounts as security of his clients, who went abroad and i......the Petitioner. Rafique-ul-Haque, Senior Advocate, instructed by Mvi. Md. Wahidullah, Advocate-on-Record-For Respondent No. 1. Not represented-For Respondent Nos. 2 & 6. Civil Petition for Leave to Appeal No. 1926 of 2010. (From the judgment and order dated 17.8.2010 passed by the ......one week of submission of the appellant's of concise statement. The parties are at liberty to mention the matter for expeditious hearing. Ed. This Case is also Reported in: VIII ADC (2011) 474. ..Category: Criminal Law | Date: | Hits: 136
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