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Aysha Begum and others Vs. Mozibur Rahman, 2010, 39 CLC (HCD)
....s father, and heirs of late Abdul Gani, his first cousin for partition of land and structures described in schedule Ka, Kha and Ga of the plaint claiming saham of the same as ejmali property in joint possession of the co-sharers. His mother was later added as defendant No.13. The appellants i.e. hei......sal of this appeal, in short, are that the sole plaintiff filed the aforesaid other class suit against heirs of Korban Ali, his father, and heirs of late Abdul Gani, his first cousin for partition of land and structures described in schedule Ka, Kha and Ga of the plaint claiming saham of the same as......as to cost. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 160. ......and Nurul Hossain Vs. Hasan Banu reported in 35 DLR 28. He submits that in Moslem Khan's case our Appellate Division approved appointment of receiver in a suit for partition though the petrol pump in question was long in possession of the defendants. He further submits that Nurul Hossain's case is a..Category: Civil Law | Date: | Hits: 126
Shaukat Ali and another Vs. Chairman, Labour Court, Khulna and others, 1992, 21 CLC (HCD)
....f Labour (Standing Orders) Act, 1965. With the aforesaid observation the rules are discharged. There will be no order as to costs. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 410. ......f Labour (Standing Orders) Act, 1965. With the aforesaid observation the rules are discharged. There will be no order as to costs. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 410. ......esaid observation the rules are discharged. There will be no order as to costs. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 410. ......uiry they should have raised it at the initial stage before the enquiry committee concluded its proceeding. Therefore the contention that the enquiry was not fair is not tenable. 9. Turning to the question of not considering the past service record we quote below the relevant section from the Emp..Category: Labour and Industrial Law | Date: | Hits: 182
Junnur Rahman (Md.) Vs. Bangladesh Shilpa Rin Sangstha (BSRS) and others, 1997, 26 CLC (HCD)
....t that could also be considered by the Administrative Tribunal. In the result, the Rule is discharged without any order as to cost. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 39. ......t that could also be considered by the Administrative Tribunal. In the result, the Rule is discharged without any order as to cost. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 39. ......Tribunal. In the result, the Rule is discharged without any order as to cost. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 39. ......s interviewed the candidates including the petitioner and allowed them marks on the basis of their performances in the interview. There was no scope to give marks to any one arbitrarily. Wide ranging questions were asked in the interview to determine suitability of the candidates for promotion. The ..Category: Employment/Service Law | Date: | Hits: 194
Gazi Jashimuddin Vs. Bangladesh & others, 1997, 26 CLC (HCD)
.... The respondents are directed to appoint the petitioner to the Police cadre within four months from the date of receipt of this order. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 37. ...... The respondents are directed to appoint the petitioner to the Police cadre within four months from the date of receipt of this order. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 37. ......r to the Police cadre within four months from the date of receipt of this order. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 37. ......ployment. The learned Assistant Attorney-General has heavily relied in the case of K Sadanandan Vs. State of Kerala reported in AIR 1963 Kerala 59 (V 50 c 18) in support of his submission. 18. The question that now arises is, whether the recommendation of the Public Service Commission and provisi..Category: Employment/Service Law | Date: | Hits: 194
State Vs. Tutul & Fazlur Rahman @ Badal and others, 2011, 40 CLC (HCD)
....fan be discharged from his bail bond. Send down the Lower Court Records, along with a copy of this, judgment and order, at once. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 516. ......fan be discharged from his bail bond. Send down the Lower Court Records, along with a copy of this, judgment and order, at once. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 516. ......er Court Records, along with a copy of this, judgment and order, at once. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 516. ...... for special consideration for children who come face to face with the law. They are dealt with differently due to their immaturity and vulnerability. By the same token, children who are produced for questioning by the Police or for recording their statement by a Magistrate under section 164 of ..Category: Criminal Law | Date: | Hits: 98
Ali Hossain and others Vs. State & others, 1984, 13 CLC (HCD)
....ia, P.S. Banskhali causing a loss of about Taka 9000/- to the complainant. Informant's wife inherited the disputed land measurirg 1.48 acre. Subsequently 19 bundles of paddy were recovered from the possession of accused petitioner Ali Hossain. After the informant lodged the F.I.R. G.R. Case No.763......l of the accused persons. 2. The case for the prosecution in brief is that on 29.11.1979 at about 2 A.M. in the night all the accused opposite parties committed theft of ripe aman paddy from the land of the informant party in R.S. Plot Nos.86 and 136 of Mouza Pairong and R.S. Plot No.3875 of Mo......gong in Criminal Motion No.973 of 1982 is set aside. Syed Mohammed Ali J.—I agree. Ed. This Case is also Reported in:36 DLR (HCD) (1984) 111. ......o be Additional Sessions Judge, Patiya, Chittagong in Criminal Motion No.973 of 1982 is set aside. Syed Mohammed Ali J.—I agree. Ed. This Case is also Reported in:36 DLR (HCD) (1984) 111. ..Category: Procedural Law | Date: | Hits: 130
Nazir Ahmed & Others Vs. Yonus Meah & Others, 1984, 13 CLC (HCD)
.... section 146 of the Cr.P.C. directing the receiver to keep the shop-house under lock and key until a competent Civil Court has determined the rights of the parties thereto or the person entitled to possession thereof. Being aggrieved, the second party petitioners have moved this Court and obtain......hittagong drew up proceeding by order dated 04.06.1977 under section 145 Cr.P.C. restraining both the first party opposite parties and the second party petitioners from entering-into the proceeding land. The proceeding land was attached and the officer-in-charge of the local police station was app...... set aside and those of the learned Magistrate passed in Misc Case No.160 of 1977 are restored. Ed. This Case is also Reported in:36 DLR (1984) 93. ......ence of an Assistant Sessions Judge deemed to be appointed as Additional Sessions Judge shall lie in case of sentence not exceeding five years to the High Court Division or the Court of Sessions. The question before me is a bit different and the question is whether the Assistant Sessions Judge deeme..Category: Procedural Law | Date: | Hits: 116
....n future to the respondent-Trust, it will dispose of the same in accordance with law within shortest possible time.
Mohammad Bazlur Rahman J.- I agree.
Ed.
This Case is also Reported in:
......n future to the respondent-Trust, it will dispose of the same in accordance with law within shortest possible time.
Mohammad Bazlur Rahman J.- I agree.
Ed.
This Case is also Reported in:
......e with law within shortest possible time.
Mohammad Bazlur Rahman J.- I agree.
Ed.
This Case is also Reported in:
......aid petitioners have been receiving the same. Petitioners 4, 13 and 29 are not enlisted as disable freedom fighters, nor did they file any application for such enlistment to the Trust. Therefore, the question of stopping their state honorarium does not arise.
8. Mr. Goutam Kumar Roy, learned Dep..
Category: Constitutional Law | Date: | Hits: 237
State Vs. Nazma Sarker @ Beauty and others, 2011, 40 CLC (HCD)
....ds, along with a copy of this judgment and order, be sent to the concerned Court below for information and necessary action at once. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 483. ......ds, along with a copy of this judgment and order, be sent to the concerned Court below for information and necessary action at once. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 483. ......to the concerned Court below for information and necessary action at once. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 483. ...... Appeal No.319 of 2008 respectively made her submission adopting the submissions of Mr. Md. Jamiruddin Sircar and Mr.Md. Monsurul Haque Chowdhury, the learned Advocates made as above. 14. The real question that calls for determination is, whether the impugned judgment and order of conviction an..Category: Criminal Law | Date: | Hits: 99
Dulal Miah @ Dulal @ Nurun Nabi Vs. Ruhul Amin and others, 1998, 27 CLC (HCD)
....he medical certificate and X‑ray report only and on the basis of other evidence already on record. Send down the LC record at once. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 618. ......ny illegality in acquitting the accused opposite parties. 4. Prosecution case is that, on 11‑11‑84 at about 11‑30/12‑00 AM accused Abdul Jalil and Ruhul Amin had been shifting ail of their land to the land of his brother victim Belal in plot No.331 and in spite of protest by the victim th...... and on the basis of other evidence already on record. Send down the LC record at once. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 618. ......he medical certificate and X‑ray report only and on the basis of other evidence already on record. Send down the LC record at once. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 618. ..Category: Criminal Law | Date: | Hits: 76
Moslem Ahmed Sarker (Md.) alias Muslim Ahmed Vs. Abdul Khaleque and others, 1998, 27 CLC (HCD)
....ocedure. In the result, the Rule fails and it is discharged without my order as to costs. Let the LC records be sent down at once. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 616. ......f 1990 dismissing the pre‑emption case. 2. Opposite Party No.1 as pre‑emptor filed Miscellaneous Case No.3 of 1990 in the Court of the Assistant Judge, Muradnagar for pre‑emption of the case land under section 96 of the State Acquisition and Tenancy Act, 1950 alleging, inter alia, that he i......thers Vs. Safurulla and others, 14 BLD (AD) 20; Maulana Abdul Karim Vs. Nurjahan Begum and others, 38 DLR 361. Lawyers Involved: Osman Gani, Advocate ‑ For the Petitioner. Syed Mahmud Hossain, Advocate ‑ For Opposite Parties. Civil Revision No.2250 of 1994. Judgment Gour Gopal ......ection 96 of the State Acquisition and Tenancy Act, 1950 alleging, inter alia, that he is a co‑sharer by inheritance in the case jote. Opposite Party No.2, who was also a co‑sharer to the jote in question, sold the case land to the petitioner at a consideration of Taka 20,000.00 by a sale deed d..Category: Property Law | Date: | Hits: 91
AKM Abu Sayed Chowdhury Vs. AKM Abdul Wahed Chowdhury and others, 2011, 40 CLC (HCD)
....d sold 6.54 acres of land described in the schedule of the plaint to his grandson and son's wife at a consideration of Taka 2,500 and accordingly executed a sale deed on 18-5-1971 and delivered the possession of the said land to the plaintiffs on 15-8-1996, that the decree in Title Suit No.45 of 1...... case of the plaintiffs is that Sultan Mahmud of village Charkali, PS Companygonj District Noakhali retired from service in 1970 and in 1971 while he fell in financial crisis, he proposed to sell the lands measuring an area 6.54 acres of land described in the schedule of the plaint to his grandson......se Referred to- Habibur Rahman Vs. Mobarak Ali, 3 MLR 1998 207 = 50 DLR 55. Lawyers Involved: Md. Sirajul Huq, Advocate - For the Petitioners. Khair Ezaz Masud with ATM Obaidul Hussain, Advocates - For the Opposite Parties. Civil Revision No.2744 of 2007. Judgment Siddiqur......ite Parties. Civil Revision No.2744 of 2007. Judgment Siddiqur Rahman Miah J.- This Rule under section 115 of the Code of Civil Procedure at the instance of plaintiffs-petitioners calls in question the Judgment and decree dated 22-1-2007 passed by the learned Additional District Judge, 2n..Category: Procedural Law | Date: | Hits: 110
Mrs. Nadira Rahman Vs. Sayed Amir Hossain, 1983, 12 CLC (HCD)
....d orders were passed and she is to continue as Mutwalli till she resigns or is removed in accordance with law. No order as to cost. Ed. This Case is also Reported in:35 DLR (HCD) (1983) 277. ......d orders were passed and she is to continue as Mutwalli till she resigns or is removed in accordance with law. No order as to cost. Ed. This Case is also Reported in:35 DLR (HCD) (1983) 277. ...... Jurisdiction) (Jessore Bench) Present: Abdur Rahman Chowdhury J Anwarul Hoque Chowdhury J Mrs. Nadira Rahman…………………………………Petitioner Vs. Sayed Amir Hossain………………………………Opposite Party Judgment May 31, 1983. Result: The ......strator of Wakfs and the learned District Judge appeared to be unduly concerned about the factum of the petitioner's appointment as a Mutwalli which, in our opinion, was no issue at all so far as the question of her removal was concerned. This appears to have unduly and unnecessarily influenced bo..Category: Trust/Waqf Law | Date: | Hits: 134
.... the charge as leveled against him.
The accused is to be discharged from his bail bond immediately. Communicate this order at once.
Ed.
This Case is also Reported in:48 DLR (HCD) (1996) 417.
...... Patuakhali and others .............Respondents
Judgment
August 10, 1992.
Result:
The Rule is made absolute.
Cases Referred to-
Anisminic Vs. Foreign Compensation, etc., 1969 All England Law Reports, 208; Arman Vs. Government of Ghana Ridge Vs. Baldwin & others, 1963 (2) All En......to be discharged from his bail bond immediately. Communicate this order at once.
Ed.
This Case is also Reported in:48 DLR (HCD) (1996) 417.
......gnizance of the offence illegally. He is entitled under law to accept remuneration for private visits and, as such, no case could have been made out against him under Martial Law Regulations. It is a question of jurisdiction and the entire proceeding being a nullity, the Judgment and order passed by..
Category: Criminal Law | Date: | Hits: 84
Siddique (Md.) Vs. Yeakuti Begum and others, 1997, 26 CLC (HCD)
.... There will be no order as to costs. Let a copy of this order be sent to the learned Subordinate Judge, 2nd Court, Dhaka forthwith. Ed. This case is also Reported in:49 DLR (HCD) (1997) 402. ...... There will be no order as to costs. Let a copy of this order be sent to the learned Subordinate Judge, 2nd Court, Dhaka forthwith. Ed. This case is also Reported in:49 DLR (HCD) (1997) 402. ......Judge, 2nd Court, Dhaka forthwith. Ed. This case is also Reported in:49 DLR (HCD) (1997) 402. ......dant only, it may be set aside as against all or any of the other defendants also." 6. In deciding a case under Order 9 rule 13 of the Code of Civil Procedure the Court is required to consider two questions: (1) whether summons was duly served upon the defendants or (2) whether the defendants wer..Category: Procedural Law | Date: | Hits: 88
Wahidullah Majumder Vs. Government of Bangladesh and others, 1997, 26 CLC (HCD)
....d by way of VAT on the imported raw rubber to the petitioner. In the result the Rule is made absolute without any order as to cost. Ed. This case is also Reported in:49 DLR (HCD) (1997) 400. ......d by way of VAT on the imported raw rubber to the petitioner. In the result the Rule is made absolute without any order as to cost. Ed. This case is also Reported in:49 DLR (HCD) (1997) 400. ......tioner. In the result the Rule is made absolute without any order as to cost. Ed. This case is also Reported in:49 DLR (HCD) (1997) 400. ......S A Harroon and others Vs. Collector of Customs,reported in 11 DLR (SC) 200 wherein it is held that remedy through a writ petition will be available without exhausting all alternative remedies if the question of jurisdiction is raised. He has then referred to the case of MA Hai Vs. Trading Corporati..Category: Administrative Law | Date: | Hits: 192
Motleb Molla (Md.) Vs. Dost Mohammad and others, 1997, 26 CLC (HCD)
....e facts for disposal of the this Rule are, that the plaintiff (petitioner) filed OC Suit No.323 of 1974 against the defendant opposite party Nos. 1‑4 for a declaration of title and recovery of khas possession after evicting them from the suit land. The said suit was dismissed on 27‑8‑76 and th......at the plaintiff (petitioner) filed OC Suit No.323 of 1974 against the defendant opposite party Nos. 1‑4 for a declaration of title and recovery of khas possession after evicting them from the suit land. The said suit was dismissed on 27‑8‑76 and the plaintiff took an appeal. The appellate Cou......Send down the record to the trial Court at once. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 613. ......gment. The petitioner is also directed to take all possible steps in that behalf. Send down the record to the trial Court at once. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 613. ..Category: Property Law | Date: | Hits: 77
Bazlur Rahman Sikder Vs. Tahera Begum Shamima, 1998, 27 CLC (HCD)
....f maintenance excessive or in any way contrary to law. We, therefore, find no merit in this application, which is summarily rejected. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 612. ......f maintenance excessive or in any way contrary to law. We, therefore, find no merit in this application, which is summarily rejected. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 612. ......vision (Civil) Present: Md. Abdul Karim J Amirul Kabir Chowdhury J Bazlur Rahman Sikder………………………Petitioner Vs. Tahera Begum Shamima………………………Plaintiff‑Opposite Party Judgment July 26, 1998. Result: The application is summarily rej...... guardian for the minor sons above age of seven years and, in a case where the father, during the lifetime of the children's mother, is in the habit of taking wife, this situation may change when the question of option of the minor sons comes into play and the paramount consideration is welfare of t..Category: Family Law | Date: | Hits: 136
Masum and others Vs. State, 2009, 38 CLC (HCD)
....imuddin and Mr. Aminul Islam, Advocates, appearing for the convict-appellants mainly submits that, none of the seizure list witnesses were examined to prove recovery of arms and ammunition from the possession of the convict-appellants, as alleged in the FIR. Then, referring to the deposition of th......used the defence case appears to be that, they are innocent, nothing was recovered from them as alleged and the case is a planted one. at the behest of their enmity with whom the accused Masum have land dispute and that the prosecution has failed to prove the case against them. 7. The learned t......ourt Records. Communicate the order at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 133. ...... 2 of the prosecution witnesses, respectively. 19. While it is true that, a police personnel is not incompetent to depose as witness as to the facts relevant to prove the prosecution case. But the question of credibility or veracity of testimony of witness, whether a police personnel or not, is..Category: Criminal Law | Date: | Hits: 75
Bangladesh Legal Aid and Services Trust (BLAST) Vs. Bangladesh and others, 2010, 39 CLC (HCD)
....at the cost of the Office immediately for information and compliance with the same. However, there would be no order as to costs. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 124. ......on shall be fundamental to the governance of Bangladesh, shall be applied by the State in the making of laws, shall be a guide to the interpretation of the Constitution and of the other laws of the land, and shall form the basis of the work of the State and of its citizens. Though as per the same ......and compliance with the same. However, there would be no order as to costs. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 124. ......plicant supports and adopts the case of the petitioners and, as such, it is not necessary for adding the applicant as co-petitioner to the Writ Petition in order to adjudicate upon and settle all the questions involved therein. However, the applicant has been allowed to place its case before this Co..Category: Labour and Industrial Law | Date: | Hits: 163
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