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Ain-O-Salish Kendro (ASK) Vs. Government of Bangladesh and others, 2006, 35 CLC (HCD)
.... fit and proper. 2. During pendency of the aforesaid Rule in Writ petition No.2852 of 1997 an application for modification of the Rule was filed by the petitioner whereupon this Court in its order dated 26.2.98 modified the Rule as under: 'Let a Rule Nisi be issued calling upon the respondents......r of the offences aforesaid." 6. Imposition of bar fetters upon a prisoner is a sentence imposed upon him for a prison offence and from the provision of section 45 of the Prisons Act, 1994 we have noticed that certain offences as enumerated therein have been described as prison offences and the l......t Nozrul Islam Chowdhury J.- This Rule Nisi was issued on 08.06.1997 calling upon the Respondents to show cause as to why Fazlu alias Hafiz alias Hafizur Rahman alias Happy should not be brought before this Court so that it may satisfy itself that he is not being held in an unlawful manner and to..Category: Constitutional Law | Date: | Hits: 219
Sharif Uddin and another Vs. Bangladesh & others, 2009, 38 CLC (HCD)
....72 of 2008 has been filed by Haji Md. Abdul Momith. 3. In both the writ petitions the petitioners challenged the legality of স্মারক নং-ইপ/অভনঃ ৩১/৯৫/৫১৬ dated 23-4-2008 (hereinafter referred to as the impugned Memo) issued by respondent No.2 giving admi......her against affidavit-in-opposition of respondent Nos.5 and 6 and also filed a supplementary affidavit-in-reply narrating about dishonesty of respondent No.5 Md. Abdul Hye and stating that show cause notice has also been issued against him for canceling his Union Parishad membership for his absence ......os. 3437, 3772 of 2008. Judgment Zinat Ara J.- As identical questions of fact and law are involved in Writ Petition Nos.3772 of 2008 and 3437 of 2008, these writ petitions are taken up together for hearing and are being disposed of by this single judgment. 2. Writ Petition No.3437 of 2008 h..Category: Property Law | Date: | Hits: 130
Ismail Hossain (Md.) Vs. Shakhina and others, 2012, 41 CLC (HCD)
....Party No. 1. Civil Revision No.1585 of 2009. Judgment Sheikh Abdul Awal J. - This Rule was issued calling upon the opposite party No.1 to show cause as to why the impugned judgment and Order dated 30-8-2001 passed by the learned Joint District Judge, 1st Court, Gazipur in Miscellaneous Appe......os.1-2 collusively and cunningly described the deed of transfer as deed of exchange. The pre-emptor and opposite party No.2, Monwara Begum both are co-sharer of the case holding by inheritance and no notice of transfer was served on her, the opposite party No. 1, Abdul Hakim is a stranger purchaser ......r against the judgment and Order passed in Miscellaneous (pre-emption) Case No.17 of 1996. The said Miscellaneous Appeal was subsequently transferred to the Subordinate Judge, 1st Court , Gazipur for disposal, who by judgment and Order dated 30-8-2001 allowed the said appeal upon reversing the..Category: Property Law | Date: | Hits: 117
Fazal Hossain (Md.) and others Vs. Md. Helal Mia & others, 2009, 38 CLC (HCD)
....Party. Civil Revision Case No.2869 of 2004. Judgment AFM Ali Asgar J.- This rule was issued calling upon the opposite party No.1 to show cause as to why the impugned judgment and order dated 29-5-2000 passed by the learned Subordinate Judge, 3rd Court, Dhaka in Miscellaneous Appeal No......out the said land to one Shamsuddin by registered deed being No.9770 dated 21-9-1959 as such SA record was prepared in the name of other persons according to Mr. Mazumder this fact was brought to the notice of the learned appellate Judge by filing an application on 3-6-1999 by the appellant pre-empt......ite party No.1 to show cause as to why the impugned judgment and order dated 29-5-2000 passed by the learned Subordinate Judge, 3rd Court, Dhaka in Miscellaneous Appeal No.63 of 1993 disallowing the aforesaid Miscellaneous Appeal and affirming the judgment and order dated 30-1-1993 passed by the l..Category: Property Law | Date: | Hits: 138
Md. Shermat Ali Vs. Mossammat Lilifa Khatun, 2005, 34 CLC (HCD)
....ury - For the Opposite Party. Civil Revision No.859 of 2002. Judgment Shahidul Islam J.- By this Rule the Opposite Party was directed to show cause as to why the impugned Judgment and decree dated 17.11.2001 passed by the Joint District Judge, 1st Court, Nilphamari, in Family Appeal No.11 o......use of the Defendant. The Plaintiff was mercilessly beaten by the Defendant and the Plaintiff had to take some treatment from the Rangpur Medical College Hospital. Thereafter the plaintiff received a notice of divorce wherefrom she came to know that she was divorced on 11.10.1999. Thereafter the Pla......er or further order or orders as to this Court may seem fit and proper. 2. The Opposite Party as Plaintiff instituted Family Suit No.21 of 1999 in the Family Court, Kishoreganj, Nilphamari praying for dower money amounting to Tk.75,241/- and maintenance for Tk. 2,250/- stating, in nutshell that s..Category: Family Law | Date: | Hits: 224
....the Opposite Party.
Civil Revision No. 4568 of 2004.
Judgment
Shahidul Islam J.- By this Rule the Opposite Party No.1 was called upon to show cause as to why the impugned Judgment and decree dated 30.7.2002 passed by the learned Additional District Judge, 3rd Court, Comilla in Title Appeal ......w her salary for the month of March 1998 and onwards. There after she made a communication with the District Primary Education Officer on 1.8.1999 but with no result and ultimately she served a legal notice upon the defendants on 1.9.1999 requesting there for paying her salary but with no result and......March 18, 2007.
Result:
The Rule is discharged.
Case Referred to-
Secretary, Ministry of Education Vs. Anowar Hossain and others, 2 MLR (AD) 25.
Lawyers Involved:
Md. Abdul Awal Mia for Md. Muzibur Rahman - For the Petitioner.
Md. Tafazzal Hossain - For the Opposite Party.
Ci..
Category: Civil Law | Date: | Hits: 104
lqbal Hossain Talukder (Md.) Vs. Md. Joinal Abedin Talukder and 76‑others, 2002, 31 CLC (HCD)
....y way of inheritance exercised right of pre‑emption on laying a petition under section 96 of The Act in the Court of Assistant Judge, Hajiganj, Chandpur in respect of property conveyed in Sale deed dated 17‑9‑1994 which has been described in Schedule to Petition. Property will be known as Case......d to have been present at the alleged sitting had not been examined in support of contention raised by Pre-emptee Petitioner. Inconsistencies occurred in testimonies of OPWs 1 and 2 had been, also, noticed, discussed and considered by learned Appellate Judge. Moreover, no case had been made out no......8. Judgment AK Badrul Huq J.-Feeling aggrieved by a Judgment recorded by appellate Court allowing a Preemption Miscellaneous Case laid under section 96 of The State Acquisition and Tenancy Act (for short The Act) reversing Judgment passed by trial Court dismissing Preemption Miscellaneous Case..Category: Property Law | Date: | Hits: 116
Durga Rani Sutradhar Vs. Paresh Chandra Sutradhar, 2002, 31 CLC (HCD)
....petitioner Durga Rani Sutradhar of the original Miscellaneous Case No.105 of 1986 (probate case) has preferred this appeal under section 299 of the Succession Act, 1925 against the judgment and order dated 8‑11‑1989 passed by the learned District Judge. Narayanganj in Miscellaneous Appeal No.13/......ance with law and in the light of our observations given above. We prefer to make no order as to cost. Send down the LCR at once. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 600. ......case. 2. The relevant facts giving rise to this appeal, in short, are that the petitioner Durga Rani Sutradhar wife of the deceased testator Hari Pada Sutradhar filed the above Will probate case before the District Delegate Subordinate Judge Narayanganj on 13‑7‑1986 under section 276 of the S..Category: Property Law | Date: | Hits: 113
....spondent Nos.1 and 2.
Writ Petition No. 3519 of 1997.
Judgment
Afzal Hossain Ahmed J.- This Rule Nisi was issued calling upon the respondents to show cause as to why the impugned order dated 5-6-1996 passed against the petitioner under thesignature of Respondent No.3 allegedly acting ......nd underwent medical treatment lying in the Hospital when he received and order dated 6-2-1996 passed by the respondent No.2 placing him under suspension with effect from 7-2-1996. Thereafter, by a notice dated 19-2-1996, the petitioner was asked to show cause within 7 days from the date of receip......
Vs.
Board of Intermediate and Secondary Education, Comilla & others………………Respondents
Judgment
May 16, 2006.
Result:
Case Referred to-
Chairman, Bangladesh Council for Scientific and Industrial Research (BCSIR) Vs. Abdul Khaleque, 43 DLR (AD) 209.
Lawyers Invol..
Category: Employment/Service Law | Date: | Hits: 205
Bangladesh Water Development Board and other Vs. Progati Prakaushali & another, 1996, 25 CLC (HCD)
....Cox's Bazar under Annual Development Programme, 1987‑88. The estimated cost of the project was Taka 1,79,59,902.00. The detailed work order was issued by the Executive Engineer vide his memo No.776 dated 2‑5‑88 and the work was scheduled to be completed by the 30th June, 1989. The respondent N......ioner contractor respondent No.1 submitted a prayer to the then Chief Engineer, South Eastern Zone of Water Development Board at Comilla to settle up the claims through arbitration. On receipt of the notice, the Chief Engineer, South Eastern Zone, Water Development Board, Comilla vide his office ord......rted from FMA No. 385 of1994). Judgment Syed Amirul Islam J.- This appeal arises out of a proceeding under sections 14 and 17 of the Arbitration Act. 2. The relevant facts that are necessary for the purpose of disposal of this appeal are that, the Progati Prakaushali an enlisted a class con..Category: Alternative Dispute Resolution | Date: | Hits: 606
Abul Hossain Azad Vs. Government of Bangladesh & Others, 2005, 34 CLC (HCD)
....f Education and 4 others to show cause as to why the order nominating the respondent No.5 as the Chairman of the managing Committee of J.K. High School, communicated Vide Memo No.Sha-11/2(2)72001/599 dated 21.6.2003, issued under the signature of the respondent No.2 shall not be declared to have bee......clared illegal and passed without any lawful authority. In the result, the Rule is made absolute but without any order as to costs. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 44. ......am Rabbani Chowdhury and Radhika Narayan were elected as the donor member and founder member respectively. On 6.3.2003, in the first meeting of the managing committee of the said school, the election for the post of Chairman of the Managing Committee was held. In the said election, the petitioner se..Category: Others | Date: | Hits: 181
Rawsan Ara Begum alias Rawshani Vs. State, 2005, 34 CLC (HCD)
.... Appeal No.1626 of 1999. Judgment Syed Mohammad Ziaul Karim J.- By this appeal convict appellant Rawsanara Begum alias Roshani alias Rosni has challenged the propriety of the Judgment and order dated 07-07-1999 passed by the learned Sessions Judge, Sherpur in Session Case No.37 of 1997 convict...... a serious doubt upon the prosecution story itself. 30. It is true that the first Information Report is not the substantive piece of evidence but genesis of the case. The Court can and should take notice to the earliest record of statement with regard to the prosecution case in context to the cir......er dated 07-07-1999 passed by the learned Sessions Judge, Sherpur in Session Case No.37 of 1997 convicting the appellant under section 302 of the Penal Code and sentencing her to suffer imprisonment, for life and also to pay a fine of Tk. 2,000.00 in default to suffer rigorous imprisonment for one y..Category: Criminal Law | Date: | Hits: 142
Mohammad Ali Miah and others Vs. Md. Sekander Ali Haowlader, 2007, 36 CLC (HCD)
.... Civil Rule being No.263(F) 2000 which has arisen out of this appeal is taken up together for disposal. 2. This appeal at the instance of the defendants is directed against the Judgment and decree dated 31.10.2000 passed by the learned Sub-ordinate Judge, fourth Court and Artha Rin Adalat, Dhaka ......tain some documents from the office of the Assistant Commissioner (Land) Savar; that the defendant Nos.1 to 3 used to come to the office of the plaintiff to take time; that the plaintiff served legal notice to the defendants and having received the notices the defendants, came at the office of the p......000 With Civil Rule No.263 (F) 2000. Judgment Siddiqur Rahman Miah J.- This appeal along with the Civil Rule being No.263(F) 2000 which has arisen out of this appeal is taken up together for disposal. 2. This appeal at the instance of the defendants is directed against the Judgment a..Category: Civil Law | Date: | Hits: 102
....filed by the petitioner Ataur Rahman under Article 102 of the Constitution of the People's Republic of Bangladesh a Rule Nisi was issued calling upon the respondents to show cause as to why the order dated 2‑6‑96 (Annexure‑C) issued by the respondent No.3 in favour of respondent No.5 should no......inning from 1st July, 1996. The tender was opened on 21‑4‑96 in which the petitioner was the lone bidder. The authorities then decided to go for the second tender and accordingly, a second tender notice was published in the national dailies. On 14‑5‑96 bids were opened for the second time. O......sman. He also deals in the business of running ferry ghats. He was a major partner of M/s Liakat Ali in running Ashuganj‑Bhairab Ferry ghat (hereinafter referred to as the Ferry ghat) under a lease for 1994‑1995. Respondent No.4 invited tenders by public advertisement in the national dailies for..
Category: Civil Law | Date: | Hits: 178
....t Petition No.1514 of 1992.
Judgment
Gour Gopal Saha J.- This application under Article 102 of the Constitution of the People's Republic of Bangladesh is directed against the Judgment and order dated 29‑3‑92 passed by the Court of Settlement, First Court, Dhaka in Case No.776 of 1987 dismi...... them and there was no occasion whatsoever to treat it as an abandoned property at any point of time. The Government did never take over possession of the case property nor did it serve the statutory notice upon the occupiers as required under Article 7(3) of Ordinance No.54 of 1985 for surrendering......dings (Supplementary Provisions) Ordinance, 1985 (Ordinance No. 54 of 1985) against respondent No.2 Bangladesh, represented by the Secretary, Ministry of Public Works and Urban Development, praying for exclusion of the case property in Holding No. 8B/B, 2nd Colony, Mirpur, Dhaka from the ‘Kha' l..
Category: Property Law | Date: | Hits: 116
....No.1 issued a notice asking the petitioner to appear before him is fixing 9‑8‑88 for hearing of the grievance petition. The petitioner appeared and made submission but he was informed by a letter dated 13‑8-88 do the grievance petition had been rejected. It is alleged by the petitioner that th......tition. The petitioner then filed a grievance petition under section 25 (1) of the Employment of Labour (Standing Orders) Act, 1965 to the Respondent No.1 on 17‑7‑88. The Respondent No.1 issued a notice asking the petitioner to appear before him is fixing 9‑8‑88 for hearing of the grievance ......on Sultan Ahmed alias Md. Sultan Ahmed was a worker being a Mechanic under the respondent No.2, Kerew and Company (Bangladesh) Limited. On 15‑5‑88 a proceeding was drawn up against the petitioner for misconduct charging him with the allegation that he had taken delivery of four tool boxes under ..
Category: Labour and Industrial Law | Date: | Hits: 141
Serajul Islam Vs. State, 1996, 25 CLC (HCD)
....aka on 11‑11‑95 issued an order, in exercise of power conferred by section 3(2) of the Special Powers Act, 1974, directing the detention of the aforenamed detenue for a period of 30 days from the date of service of the said order upon the datenu. A copy of the order was served on 12-11‑95 upon......w detained in Dhaka Central Jail be set at liberty at once if not wanted in any other matter. The Rule is accordingly made absolute. Ed. This Case is also Reported in:49 DLR (HD) (1997) 209. ......e Pachail, P.S. Nandigram, Dist. Bogra at present 308 (1) M H Hall, Jahanginagar University, Savar, Dhaka now detained in Dhaka Central Jail, calling upon the respondents to show cause as to why the aforesaid detenu should not be brought before this Court in order to satisfy itself that he is not be..Category: Criminal Law | Date: | Hits: 127
....d-Respondent Nos.2-3.
Civil Petition for Leave to Appeal No.2306 of 2009.
Judgment
Syed Mahmud Hossain J.- This civil petition for leave to appeal is directed against the judgment and order dated 04.06.2008 passed by a Division Bench of the High Court Division in Civil Revision No.2581 of ......man preferred Civil Petition for Leave to Appeal No.60 of 2002 before this Division, which was dismissed on 05.05.2003. While taking steps for recovery of khas possession, defendant No.2 found a sale notice dated 15.08.2003 published in The Daily Ittefaq in respect of the suit property. After that, ......ment And Commerce Bank Ltd. (IFIC Bank Ltd)….......Appellant
Vs.
Abdur Rahman and Others……………………………..Respondent
Judgment
April 8, 2012.
Result:
The Petition for Leave to Appeal is dismissed.
Lawyers Involved:
Shah M. Zahurul Huq, Advocate instructed b..
Category: Civil Law | Date: | Hits: 174
Bangladesh Power Development Board Vs. Sonali Bank and others, 1982, 11 CLC (HCD)
....Asrarul Hossain with Abdul Azim - For the Respondents. Appeal from Original Order No.447 of 1979. Judgment Md. Altaf Hossain J.- This appeal is directed against the Judgment and order dated 28.5.82 passed by the learned Subordinate Judge 3rd Court, Dacca in Miscellaneous case No.7 of......missed the Misc. Case. The appeal is, therefore, dismissed without any order as to costs. Amirul Islam Chowdhury J.- I agree. Ed. This Case is also Reported in:35 DLR (HCD) (1983) 157. ......d 28.5.82 passed by the learned Subordinate Judge 3rd Court, Dacca in Miscellaneous case No.7 of 1977 arising out of money suit No.26 of 1974. 2. The respondent No.1 as plaintiff instituted the aforesaid money suit No.26 of 1974 in the 3rd Court of Sub ordinate Judge. Dacca against the pro form..Category: Procedural Law | Date: | Hits: 143
State Vs. Abdul Awal, 1983, 12 CLC (HCD)
....ithin meaning of section 1(6)(i) of the said Act and therefore these ore excluded from the operation of the said Act. He has taken us through various provisions of P.O. No.26 of 1972, as amended upto date and has argued that as the Board of Directors of the Sonali Bank is appointed by the Government......ationalisation, the said Act, it appears, has full force and application to all the nationalised banks and their offices, including the Sonali Bank. The learned Magistrate does not appear to have noticed the definition of "commercial establishment" at all. Further, the application of the said......……………Petitioner Vs. Abdul Awal………………………Respondent Judgment February 13, 1983. Result: The appeal is dismissed. Cases Referred to- Tamlia Vs. Hannaford, 1950 (1) K.B. 18. B.S.I.; Corporation Vs. Mahbub Hossain Chowdhury 29 D.L.R. (SC) 41. Lawye..Category: Others | Date: | Hits: 163
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