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Dilruba Aktar Vs. AHM Mohsin, 2003, 32 CLC (HCD)
....92 on preparation of paper books. The appeal was set down for hearing on 17‑8‑1992. To utter misfortune of complainant-appellant the appeal was not heard and disposed of, though, a good number of dates been fixed for hearing, lastly on 19‑1‑2002. Ultimately, on the prayer of learned Counsel ......rpose in examining the long list of decisions. Observing that the answer to the question in issue would depend upon the construction of the provisions in The Code of Criminal Procedure. Privy Council noticed sections 404, 410, 417, 418 and 422, examined, also, section 423 and concluded that The Code......al Uddin Mollah, Deputy Attorney-General with Mohammad Abdul Baset, Assistant Attorney-General—For the State. Criminal Appeal No.125 of 1991. Judgment AK Badrul Huq J.—Gateway to Justice for redressal of grievance by seekers of Justice now-a-days faces bottleneck impairing case of Jus..Category: Family Law | Date: | Hits: 165
State Vs. Md. Mobarak Ahmed Chowdhury, 2007, 36 CLC (AD)
....dent. Criminal Petition for Leave to Appeal No.245 of 2005. Judgment Mohammad Fazlul Karim J.- Delay is condoned. The petition for Leave to Appeal is directed against the judgment and order dated 23.02.2005 passed by the High Court Division in Death Reference No.12 of 2002 heard along with......tance in the submissions of the learned Deputy Attorney General for the petitioners. Accordingly, the leave petition is dismissed. Ed. This Case is also Reported in: 20 BLT (AD) (2012) 275. ......d- For the Petitioners. A.J. Mohammad Ali, No.1 Senior Advocate, instructed by Haridas Paul, Advocate-on-Record-For Respondent No.1. None represented- For the Respondent. Criminal Petition for Leave to Appeal No.245 of 2005. Judgment Mohammad Fazlul Karim J.- Delay is condoned. The ..Category: Criminal Law | Date: | Hits: 79
Alhaj Abdul Awal Ratan and another Vs. Abdul Mannan Mia and others, 2008, 37 CLC (AD)
....sented- For Respondent Nos. 2-27. Civil Petition for Leave to Appeal No. 1779 of 2007. Judgment Mohammad Fazlul Karim J.- This petitioners seek leave to appeal against the judgment and order dated 19.08.2007 passed by the High Court Division in Civil Revision No.449 of 2006 making the Rule ......e disputed jama. There was no metes and bound partition among the co-sharers of the jama. The vendor opposite party No.2 Nabir Hossain without informing of the co-sharers or without issuing statutory notice to the co-sharers transferred the land under pre-emption to the opposite party No.1 Abdul Awa......cord-For the Petitioners. A. J. Mohammad Ali, Senior Advocate, instructed by Haridas Paul, Advocate-on-Record- For Respondent No.1. None represented- For Respondent Nos. 2-27. Civil Petition for Leave to Appeal No. 1779 of 2007. Judgment Mohammad Fazlul Karim J.- This petitioners seek..Category: Property Law | Date: | Hits: 88
M. M. Mahboob and others Vs. Sk. Abdur Rashid and others, 2004, 33 CLC (AD)
....ed by the Government of the People's Republic of Bangladesh represented by the Secretary, Ministry of Establishment and three others. Both the appeals by leave have arisen from the judgment and order dated 13.7.2000 passed by the High Court Division in the aforesaid writ petition making the Rule abs......strative Tribunal and as such the writ petition was not maintainable. 13. Having regard to the aforesaid facts and circumstances of case, we hold that the High Court Division having failed to notice that the subject matter of the writ-petition with regard to counting of seniority between two......h represented by the Secretary, Ministry of Establishment and three others. Both the appeals by leave have arisen from the judgment and order dated 13.7.2000 passed by the High Court Division in the aforesaid writ petition making the Rule absolute. Since both the appeals involve a common question of..Category: Employment/Service Law | Date: | Hits: 149
....vocate-on-Record- For Respondent.
Civil Petition for Leave to Appeal No.964 of 2006.
Order
Md. Tafazzul Islam J.- This petition for leave to appeal is directed against the judgment and order dated 16.5.2006 of the High Court Division passed in Writ Petition No.3519 of 1997 making absolute t......dent but the said Inquiry Committee, under the influence of the petitioners, without giving the respondent any chance to defend his case submitted a biased and motivated report on 20.05.1996; then by notice dated 26.5.1996 the respondent was asked to show cause, within 7 days from its receipt, as to......ry, will only give findings as to whether the delinquent is guilty or not of the charges levelled against him but in the present case the Inquiry Committee, while submitting their report, recommended for inflicting major penalty on the respondent which caused prejudice to the respondent, which can n..
Category: Labour and Industrial Law | Date: | Hits: 832
Kabiruddin Ahmed Vs. Akmal Hossain and others, 1995, 24 CLC (HCD)
....Election of Barakhada Union Parishad within the district of Kushtia. Three persons, including the petitioner and the opposite party No.1, filed nomination paper's and contested the election; the last date for filing nomination paper was 7‑12‑91 and the following day i.e. 8‑12‑91 was fixed fo...... no order as to costs. Let a copy of this Judgment and order be sent to the Chief Election Commissioner for his taking necessary steps. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 245.......ion of Barakhada Union Parishad within the district of Kushtia. Three persons, including the petitioner and the opposite party No.1, filed nomination paper's and contested the election; the last date for filing nomination paper was 7‑12‑91 and the following day i.e. 8‑12‑91 was fixed for the..Category: Election Law | Date: | Hits: 301
....r the Respondent.
Appeal from the Original Decree No.296 of 1994.
Judgment
Md. Abdul Karim J.- The first appeal of the instance of the plaintiff is directed against the Judgment and decree dated 30‑11‑92 passed by the learned Subordinate Judge, 1st Court, Dhaka, in Title suit No.99 of......sting the plaintiff to appoint one Arbitrator on their behalf within 15 days, in default, the Arbitrator appointed by the defendant would arbitrate upon the dispute ex parte. The plaintiff received a notice dated 14‑6‑91 from the Arbitrator to the effect that he had been appointed by the defenda......nt M/s. Concord Engineers and Construction Limited, a Company incorporated under the Companies Act, with the averments, inter alia, that the Government of Bangladesh drew up a comprehensive programme for construction of two fly‑overs in the city of Dhaka, namely, one at Mohakhali and the other at ..
Category: Alternative Dispute Resolution | Date: | Hits: 263
Sarada Bala Sen Vs. Sheikh (Md.) & others,1995, 24 CLC (HCD)
.... First Miscellaneous Appeal No. 51 of 1995. Judgment Md. Ansar Ali J.- This First Miscellaneous Appeal at the instance of the defendant No.2 appellant is directed against the Judgment and order dated 19th February, 1995 passed by the learned Subordinate Judge, 1st Court and Commercial Court, C......the above decision, the connected application is however rejected. Communicate this order to the Court below at interest of justice. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 239.......1992 restraining the defendant appellant from proceeding with the Execution Case No.10 of 1992 pending in the 1st, Court of Assistant Judge, Chittagong. Short facts relevant from the disposal of the aforesaid appeal are, that the defendant‑appellant instituted a suit being SCC Suit No.33 of 1983 f..Category: Civil Law | Date: | Hits: 130
Bazlu Talukder and 2 others Vs. State, 1995, 24 CLC (HCD)
.... the three appellants and another accused Badal Talukder. 2. Accuseds were placed on trial before the Special Tribunal Madaripur, in Special Tribunal Case No.13 of 1992. By the Judgment and order dated 26‑11‑92 learned Tribunal Judge convicted the three appellants and Badal Talukder under th......t of arrest issued against absconding‑convict Badal Talukder in connection with this Sessions Case stands withdrawn and cancelled. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 509. ...... to her step‑father Abdur Rashid who is also her, chacha and that she complained that she was raped by the three appellants and another accused Badal Talukder. 2. Accuseds were placed on trial before the Special Tribunal Madaripur, in Special Tribunal Case No.13 of 1992. By the Judgment and or..Category: Procedural Law | Date: | Hits: 85
Nizamuddin Dhali (Md.) Vs. State, 1993, 22 CLC (HCD)
....competent to try a case, under the Criminal Law Amendment Act, 1958 and therefore the trial is vitiated for want of competence. His second contention is that in the charge there was no mention of the date or dates between which the alleged offence of breach of trust was committed by the accused and ......vidence and if he had anything, further to say. So it is Apparent that the statement of the prosecution witnesses incriminating the accused‑appellant that the offence charged was not brought to his notice nor his attention was drawn to this salient point which is a clear violation of the explicit ......amuddim Dhali guilty of offence punishable under section 409 of the Penal Code and sentencing him to suffer two years imprisonment and to pay fine of Taka 300.00 and in default to suffer imprisonment for another three months. 2. The prosecution case, in short, is that accused‑appellant Md. Niza..Category: Criminal Law | Date: | Hits: 95
Aminur Rashid Vs. Collector of Customs, Customs House, Chittagong and others, 1996, 25 CLC (HCD)
....titioner. Zakir Ahmed & Syed Mokaddas Ali, Assistant Attorney‑General ‑ For the Respondent Nos.4 & 5. Writ Petition No.1273 of 1993. Judgment Kazi Ebadul Hoque J.- In this Rule order dated 28‑7‑1993 passed by the respondent No.2, Appraiser, Customs House, Chittagong directing th......refore, find no merit in the contention of the learned Advocate for the petitioner. In the result the Rule is discharged with cost. Ed. This Case is also Reported in:48 DLR (HCD) (1996) 503. ...... challenge. 2. Case of the petitioner is that; as per SRO No.151 Law/92‑1465/Customs dated 18‑6‑92 published in the Bangladesh Gazette customs duty was 15% ad valorem on the milk food infant formula "My Boy" under HS Code No.19‑01‑1901.10.10 and accordingly, petitioner opened an LC for ..Category: Fiscal/Taxation Law | Date: | Hits: 204
Janata Bank Vs. Saiful Islam, 2006, 35 CLC (HCD)
....itted some documents which are exhibited "ka" series. 5. On consideration of the facts, circumstances and evidence on record, the learned Joint District Judge, Bogra passed the Judgment and decree dated 12.06.2002 in preliminary form awarding Taka 7,03,476/- payable in 12 installments. 6. Bein......defendant-respondent within three months with a direction to amend the plaint as prayed for. Office is directed to do the needful. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 18. ......Bank……………………………Appellant-Petitioner Vs. Saiful Islam……………………………Respondent-Opposite Party Judgment March 12, 2006. Result: The application for amendment is allowed. Case Referred to- Kishandas Vs. Vithoba, (1909) 33 Bom 644. Lawye..Category: Civil Law | Date: | Hits: 117
Bangladesh Bank Vs. Md. Kasedul Haque Majumder, 2003, 32 CLC (HCD)
....59 of 2001. Judgment AHM Shamsuddin Choudhury J.- The Application under section 115(1) of the Code of Civil Procedure, which yielded the present rule, issued on 17.11.2001, sprang from an order dated 18.10.2001 passed by the learned 3rd Court of Subordinate Judge, Dhaka, allowing the Arbitrati......and, nor did it give any answer to any of the request the opposite party tabled. Because of the existence of an arbitration clause in the agreement, the opposite party through a lawyer, transmitted a notice dated 18.8.91 asking the petitioner to appoint an arbitrator, but to no avail. In the wake of......neous case are reconstructed below in precise from. 3. The opposite party successfully respondent to a tender invitation, which the petitioner herein, (the opposite party in the Court below), henceforth referred to as the petitioner, floated, on 31.1.96 seeking bids from contractors for site deve..Category: Alternative Dispute Resolution | Date: | Hits: 218
Md. Abdul Khaleque Vs. Uttara Bank Limited and others, 2011, 40 CLC (AD)
....epresented-For Respondent. Civil Petition for Leave to Appeal No.683 of 2009. Judgment Md. Mamtazuddin Ahmed J. - This petition for leave to appeal is directed against the judgment and order dated 16.10.2008 passed by the High Court Division in Civil Revision No.5118 of 2006. 2. The shor......Petition for Leave to Appeal. 7. Mr. Md. Abdur Razzaque Miah, the learned Advocate appearing on behalf of the petitioner submitted that the trial Court as well as the High Court Division failed to notice that the petitioner is maintaining his day to day life by way of private tuition and as such,......BLC (AD) 1. Lawyers Involved: Md. Abdur Razzaque Miah, Advocate, Instructed by Syed Mahbubar Rahman, Advocate-on Record- For the Petitioner. Not represented-For Respondent. Civil Petition for Leave to Appeal No.683 of 2009. Judgment Md. Mamtazuddin Ahmed J. - This petition for leav..Category: Civil Law | Date: | Hits: 118
Md. Warish Uddin Chowdhury Vs. Bangladesh and others, 2008, 37 CLC (AD)
....represented-For the Respondents. Civil Petition for Leave to Appeal No.1499 of 2006. Judgment Mohammad Fazlul Karim J. - This petitioner seeks leave to appeal against the judgment and order dated 16.02.2006 passed by the High Court Division passed in Writ Petition No. 1319 of 2000 discharg......as deprived of any effective opportunity of defending his interest. The petitioner upon being informed of the cancellation by the impugned letter, contacted his lawyers and served a demand of justice notice on the respondents on 10.03.2000 demanding the cancellation/ recession/withdrawal of the impu...... May 25, 2008. Result: The petition is dismissed. Lawyer Involved: Md. Aftab Hossain, Advocate-on-Record- For the Petitioner. None represented-For the Respondents. Civil Petition for Leave to Appeal No.1499 of 2006. Judgment Mohammad Fazlul Karim J. - This petitioner seeks..Category: Others | Date: | Hits: 127
Dhaka Leather Complex Ltd. BCIC Vs. Sikder Construction Ltd. and another, 2003, 32 CLC (HCD)
....ents. Appeal from Original Decree No.255 of 2002 with Civil Rule No. 259(F) of 2002. Judgment Md. Abdur Rashid J.- The above appeal was presented by the defendant against judgment and decree dated 4‑4-2002 passed by the Joint District Judge, Court No.5 at Dhaka in Title Suit No.158 of 199......8-1999 made an application under section 14(2) of the Arbitration Act, 1940 for an order directing the umpire to file the award in court. Upon aforesaid application, the above suit was registered and notice was issued upon the parties and also the umpire. Pursuant to the notice, on 19-8-1999 the ump......e defendant against judgment and decree dated 4‑4-2002 passed by the Joint District Judge, Court No.5 at Dhaka in Title Suit No.158 of 1999, which made an award the Rule of court. 2. Short facts for disposal of the appeal are that, the respondent on 4-8-1999 made an application under section 14..Category: Alternative Dispute Resolution | Date: | Hits: 190
Bangladesh Parjatan Corporation Vs. Md. Ali Hossain and another, 2012, 41 CLC (AD)
....ls) Abdur Rob Chowdhary, Senior Advocate, instructed by Zainul Abedin, Advocate-on-Record-For the Respondent (In both appeals) Civil Appeal Nos.242-243 of 2009. (From the judgment and order dated the 12th day of January, 2009 and the 15th day of January, 2009 passed by the High Court Divis...... that the post of Electrical Foreman has to be abolished. The order of termination has been issued in gross violation of the provisions of the Probidhanmala, 1990. The respondent did neither give any notice to the petitioner nor was the petitioner given any opportunity of being heard before issuance...... 2. Facts giving rise to C.A. No.242 of 2009 are as follows: Respondent No.1, Md. Ali Hossain as writ-petitioner (hereinafter referred to as the petitioner) filed Writ Petition No.3109 of 2006 before the High Court Division impleading the appellants as respondent Nos.1-3 and the Government of t..Category: Employment/Service Law | Date: | Hits: 156
....e High Court Division in Writ Petition No.4371 of 2010 making the rule absolute.
2. Respondent No.1 moved the above writ petition in the High Court Division challenging the order of his suspension dated 7th December, 2009 on the ground that it was issued arbitrarily with ulterior motive, while he......eeding was drawn up within 5 months till he filed the writ petition on 30th may, 2010 despite issuance of suspension order.
3. The High Court Division upon consideration of the materials on record noticed that during the long period of 5 months 23 days no formal charge was framed against the writ......r the Petitioner.
Abdul Basel Majumder, Senior Advocate, instructed by Mrs. Mahmuda Begum, Advocate-on- record-For Respondent Nos.1
Not Represented-For Respondent Nos.2.
Civil Petition for Leave to Appeal No.1052 of 2011.
Judgment
Surendra Kumar Sinha J. - This petition at the i..
Category: Employment/Service Law | Date: | Hits: 251
Janata Bank Ltd. Vs. Gulneara Begum and others, 2009, 38 CLC (AD)
....epresented- For Respondent Nos.5-8. Civil Petition for Leave to Appeal No.2180 of 2008. Judgment Shah Abu Nayeem Mominur Rahman J. - This leave petition arises out of the judgment and order dated 12.08.2008 passed in Writ Petition No.6136 of 2007 by the High Court Division making the Rule ......Procedure is of no help. The leave petition do not merit consideration being barred by limitation. The petition is accordingly dismissed. This Case is also Reported in: 20 BLT (AD) (2012) 170. ......rd- For the Petitioners. Shah Md. Monir Sharif, Advocate, instructed by Mrs. Sufia Khatun, Advocate on-Record -For Respondent Nos.1-4 Not Represented- For Respondent Nos.5-8. Civil Petition for Leave to Appeal No.2180 of 2008. Judgment Shah Abu Nayeem Mominur Rahman J. - This leave p..Category: Limitation Law | Date: | Hits: 140
Ishaque Mia (Md.) & another Vs. Abdul Mazid Mollah & others, 1995, 24 CLC (HCD)
....ty No.1. Civil Revision No.1258 of 1991. Judgment Mainur Reza Chowdhury J.- This Rule was issued calling upon the opposite party No.1 to show cause as to why the impugned Judgment and decree dated 29.1.1991 and 4.2.1991 passed by the Subordinate Judge Barisal in Title Appeal No.84 of 1986 a......defendant No.2. The case of the plaintiffs in the suit was that the solenama upon which the said Title Suit No.561 of 1976 was decreed was a forged solenama and the decree was obtained without proper notice on some of the defendants. Signature on the solenama were not that of the defendants. The pla......and reversing the Judgment and decree dated 28.5.1986 and 3.6.1986 passes by the Upazila Munsif, Upazila Moladi, District Barisal in Title Suit No.197 of 1985 should not be set aside. 2. The facts for the disposal of the Rule is as follows: Petitioners as plaintiffs riled title suit being Titl..Category: Civil Law | Date: | Hits: 130
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