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AKM Shamsuddin Vs. Secretary, Ministry of Establishment and others, 2007, 36 CLC (HCD)
....ny merit in this Rule. In the result the Rule is discharged without any order as to cost. Communicate the order at once. Ed. This Case is also Reported in: 59 DLR (2007) 312. ......uthority. The learned Counsel adds that before taking decision to cancel the appointment of the petitioner, no opportunity of being heard was given to him, hence there has been gross violation of the principle of natural justice in passing the impugned order and, as such, the same is liable to be de......o- Abdul Bari Sarker vs. Bangladesh, represented by the Secretary, Ministry of Establishment, Government of the People's Republic of Bangladesh 46 DLR (AD) 37. Lawyers involved: Maniruzzaman for Bashir Ahmed, Advocate — For the Petitioner. Md. Jafar Imam, Assistant Attorney General......ny merit in this Rule. In the result the Rule is discharged without any order as to cost. Communicate the order at once. Ed. This Case is also Reported in: 59 DLR (2007) 312. ..Category: Employment/Service Law | Date: | Hits: 76
Monwar Mallik Vs. State, 2007, 36 CLC (HCD)
.... be set at liberty forthwith if not wanted in any other case. Send down the LCR at once along with a copy of the judgment expeditiously. Ed. This Case is also Reported in: 59 DLR (2007) 301. ...... be set at liberty forthwith if not wanted in any other case. Send down the LCR at once along with a copy of the judgment expeditiously. Ed. This Case is also Reported in: 59 DLR (2007) 301. ......ated 16-10-2001 corresponding to GR case No. 327 of 2001 convicting the accused under section 9(1) of the Nari-o-Shishu Nirjatan Daman Ain, 2000 and sentencing him thereunder to suffer imprisonment for life and to pay a fine of Taka 5000 in default to suffer rigorous imprisonment for 6(six) months......eption in the matter of constituting offence under section 9(kha) of the Act by any age group of the woman, determination of age has become redundant in the present case." 15. The only point for determination in the appeal is, whether the learned Judge Nari-o-Shishu Nirjatan Daman Adalat is jus..Category: Criminal Law | Date: | Hits: 38
Eastern Hardware Store Vs. Commissioner of Taxes, 1999, 28 CLC (HCD)
....n favour of the applicant. Accordingly, the questions raised in the reference are answered as above. There will be no order as to cost. Ed. This Case is also Reported in: 54 DLR (2002) 125. ......the applicant preferred an appeal before the learned Appellate Additional Commissioner of Taxes which was registered as Appeal No. 684 of 1991-92 and the Appellate Additional Commissioner of Taxes on principle maintained the order of the Deputy Commissioner of Taxes but reduced the estimate of sale ......, Advocate—For the Applicant. Not represneted—the Respondent. Application No. 41 of 1994. Judgment Syed Amirul Islam J.- In this reference the applicant raised the following questions for answer by this Court: (1) Whether, in the facts and on the circumstances of the case, the Ass......n favour of the applicant. Accordingly, the questions raised in the reference are answered as above. There will be no order as to cost. Ed. This Case is also Reported in: 54 DLR (2002) 125. ..Category: Fiscal/Taxation Law | Date: | Hits: 65
Mokbul Hossain Vs. Government of Bangladesh & ors., 2002, 31 CLC (HCD)
....illegally and as such we find no substance in the Rule and the same liable to be discharged. In the result, the Rule is discharged. Ed. This Case is also Reported in: 54 DLR (2002) 118. ...... detention. 10. As regards the pending cases, we find that a case involving a grave offence is pending. Mr. Islam has argued that in that case this court already granted him anticipatory bail. The principle which is followed in respect of granting bail can not apply in case of preventive detentio......dgment Md. Hamidul Haque J .- This Rule was issued calling upon the respondents to show cause as to why the detenu Al-Haj Mokbul Hossain now detained in Dhaka Central Jail, should not be brought before this Court so that it may satisfy itself that he is not being held in custody illegally and wit......illegally and as such we find no substance in the Rule and the same liable to be discharged. In the result, the Rule is discharged. Ed. This Case is also Reported in: 54 DLR (2002) 118. ..Category: Criminal Law | Date: | Hits: 34
Mokim alias Md. Mokim Vs. State, 2002, 31 CLC (HCD)
..... Let the appellant be set at liberty forthwith if not wanted in connection with any other case. Send down the case record expeditiously. Ed. This Case is also Reported in: 55 DLR (2003) 81. ......d as if the repealing Act or Regulation had not been passed." 18. In this regard we may refer to a decision reported in 29 DLR (SC) 101 Akhter Hossain Vs. State wherein it is held: "The general principle that one enactment which is repealed is to be treated as if it had never existed is subjec......f GR Case No. 215 of 1995 originating from Alamdanga PS Case No. 9 dated 31‑5‑1995, convicting the appellant under section 387 of the Penal Code and sentencing him to suffer rigorous imprisonment for life and to pay a fine of Taka 5,000 in default to suffer rigorous imprisonment for a period of ....... Let the appellant be set at liberty forthwith if not wanted in connection with any other case. Send down the case record expeditiously. Ed. This Case is also Reported in: 55 DLR (2003) 81. ..Category: Criminal Law | Date: | Hits: 38
Ambia Khatun Vs. Bangladesh and others, 2009, 38 CLC (AD)
....ce in the submissions of the learned Counsel for the appellant. Accordingly, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 15 BLC (AD) (2010) 200. ......diction or made any finding upon no evidence or without considering any materials evidence and facts causing prejudice to the complaining party or that it had acted mala fide or in violation of any principle or natural justice. 7. The learned Additional Attorney-General, appearing for the res......dgment and order dated the 8th and 9th day of December, 1997 passed by the High Court Division in Writ Petition No. 1377 of 1995 discharging the Rule. 2. The appellant filed Case No.1007 of 1988 before the Chairman, Court of Settlement, Dhaka under Section 7(1) of the Abandoned Buildings (Supplem......ng no other reason did not at all act legally and property in interfering with the findings of fact made by the Court of Settlement. The High Court Division was not a Court of Appeal required to make determination of facts on its own. It could interfere with the findings of a tribunal of fact under ..Category: Property Law | Date: | Hits: 30
Delower Hossain @ Ali Hossain Bhuiyan Vs. State, 2001, 30 CLC (HCD)
....ing paragraphs are for the purpose of disposal of the Rule only. In the result the rule is discharged. Send down the LC records at once. Ed. This Case is also Reported in: 54 DLR (2002) 114. ......on of this court in exercising the power under section 561A of the Code of Criminal Procedure on the ground mentioned herein. In pursuance to it, the apex court of our country-has laid down the basic principle in the case of Sonali Bank Vs. Karnaphuli Works Ltd. reported in 46 DLR (AD) 55 wherein it...... Case No. 45/96 corresponding to GR No.275/96 convicting the petitioner under sections 8, 9(A)(B)(C) of Cruelty to Women & Children (Special) Act, 1995 and sentencing the petitioner (in absentia) for a period of 10(ten) years RI with a fine of Taka 2,000 in default to suffer RI for further perio......ing paragraphs are for the purpose of disposal of the Rule only. In the result the rule is discharged. Send down the LC records at once. Ed. This Case is also Reported in: 54 DLR (2002) 114. ..Category: Criminal Law | Date: | Hits: 37
Ekramaul Hoq, alias Tuku and Ors. Vs. State, 1987, 16 CLC (HCD)
....n verbal information from lawyers. Send a copy of the judgment to the court below at an early date. D.M. Ansaruddin Ahmed J. - I agree. Ed This Case is also Reported in: 40 DLR (1988) 139.......ribunal to be also his working days at other courts also where he was not even physically present to work. Law never compels or contemplates an absurdity or impossibility. 15. It is the cardinal principle of interpretation of statute that words found therein must be read in the light of the con...... with the Kalia Police Station alleging inter alia that on 24.10.84 his father Golam Hossain and his maternal uncle Belayet Kha and others went to the house of Gopal Sardar of village Dewa Bhanga for a salish. After holding salish they were returning home and at about evening time they reached i......n verbal information from lawyers. Send a copy of the judgment to the court below at an early date. D.M. Ansaruddin Ahmed J. - I agree. Ed This Case is also Reported in: 40 DLR (1988) 139...Category: Criminal Law | Date: | Hits: 30
Md. Shahjahan Ali Vs. The Chairman, Labour Court, Rajshahi, 1987, 16 CLC (HCD)
.... For all these reasons we do not find any substance in this rule. The rule is, accordingly, discharged without any order as to costs. Ed. This Case is also Reported in: 40 DLR (1988) 132. ......e matters and looking from the above angle of vision I think justice will be best served if the order of dismissal of the petr. be converted to an order of termination from service and acting on this principle I am inclined to direct the management side accordingly." It is apparent from the abo......on dated 7.1.86 of the Chairman of the Labour Court, Rajshahi in Complaint Case No. 58 of 1985 converting an order of dismissal of the petitioner into an order of termination. 2. Facts necessary for disposal of the rule which lie within a narrow campus may be stated as follows:- 3. The petit...... For all these reasons we do not find any substance in this rule. The rule is, accordingly, discharged without any order as to costs. Ed. This Case is also Reported in: 40 DLR (1988) 132. ..Category: Labour and Industrial Law | Date: | Hits: 124
Nurul Islam & others Vs. State, 1986, 15 CLC (HCD)
....m. It is directed that they should be set at liberty forthwith, if not wanted in any other connection. Sultan Hossain Khan J. - I agree. Ed. This Case is also Reported in: 40 DLR (1988) 122. ......ge relying upon the decisions in the cases of Adalat vs. The Crown and Badiuzzaman vs. Abdul Majid Bepari reported in 8 DLR (FC) 69 and 9 DLR 247 has observed in the following manner- "There is no principle of law requiring that the evidence of a witness who has made contradictory statements in......udgment and order of the learned Sessions Judge, Bhola passed in Sessions Case No. 19 of 1984 convicting the appellants under sections 302/34 of the Penal Code and sentencing them to transportation for life with a fine of Tk.5000/- each in default, to suffer rigorous imprisonment for 6 months each......m. It is directed that they should be set at liberty forthwith, if not wanted in any other connection. Sultan Hossain Khan J. - I agree. Ed. This Case is also Reported in: 40 DLR (1988) 122. ..Category: Criminal Law | Date: | Hits: 27
M.A. Hai and others Vs. Trading Corporation of Bangladesh, 1987, 16 CLC (HCD)
.... cases. In the result, all the Rules are discharged but without any order as to costs. Mohammad Ismail Uddin Sarker J.- I agree. Ed. This Case is also Reported in: 40 DLR (1988) 109. ......yet made its own service rules in pursuance of the President's Order No.68 of 1972. The position of the petitioner vis-a-vis his employer is not that of a master and servant. It will be guided by the principles of natural justice. The High Court Division further held that the petitioner need not be ......uding the disciplinary proceedings against the officers and other employees of the Corporation. It is, however, alleged by the petitioners and freely admitted by the respondent-Corporation that for purposes of regulating the disciplinary proceedings against its officers and other employees, th...... cases. In the result, all the Rules are discharged but without any order as to costs. Mohammad Ismail Uddin Sarker J.- I agree. Ed. This Case is also Reported in: 40 DLR (1988) 109. ..Category: Employment/Service Law | Date: | Hits: 80
Begum Khaleda Zia Vs. Government of Bangladesh and others, 2010, 39 CLC (HCD)
....his day to the petitioner to vacate the house in question. Sheikh Hassan Arif J.- I agree. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 597, 63 DLR (2011) 385, 8LG (2011) HCD 189. ......or other posh area of Dhaka City and other huge financial benefits granting of lease of such a house standing on 165 kathas of land in Cantonment area in favour of the petitioner has been against the principles of social and economic justice and thus the alleged lease deed has been in violation of t......Nos.1, 3 and 5. Anisul Hoque, Senior Counsel-For Respondent No.2. Writ petition No.2910 of 2009 Judgment Nazmun Ara Sultana J.- This Rule was issued at the instance of Begum Khaleda Zia, former Prime Minister and now Leader of the Opposition in Parliament calling upon the respondents to......his day to the petitioner to vacate the house in question. Sheikh Hassan Arif J.- I agree. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 597, 63 DLR (2011) 385, 8LG (2011) HCD 189. ..Category: Property Law | Date: | Hits: 88
State Vs. Shahin and others, 2009, 38 CLC (AD)
....cision and there is no illegality or infirmity in the above decision so as to call for any interference. The petition is dismissed. Ed. This Case is also Reported in: 18 BLT (AD) (2010) 465. ......d avoid expressing their filling, emotion and sentiment in the judgment but to follow the law, the evidence and material on record but in the present case, the learned Session Judge deviated from the principle as laid down. 5. We are of the view that the High Court Division on proper consideratio......ucted by Syed Mahbub Hossain, Advocate-on-Record-For the Respondent. (In Criminal PetitionNo.74 of 2009) Not Represented- the Respondent. (In Criminal Petition No.73 of 2009) Criminal Petition for Leave to Appeal Nos. 75, 74 & 73 of 2009. Judgment Md. Tafazzul Islam J. –These pet......cision and there is no illegality or infirmity in the above decision so as to call for any interference. The petition is dismissed. Ed. This Case is also Reported in: 18 BLT (AD) (2010) 465. ..Category: Criminal Law | Date: | Hits: 33
Abu Bakar Siddique Vs. Md. Khorshed Alam & ors., 2001, 30 CLC (HCD)
....this Rule is discharged without any order as to costs on the ground of maintainability with the findings and observations made herein above. Ed. This Case is also Reported in: 54 DLR (2002) 75. ......this Rule is discharged without any order as to costs on the ground of maintainability with the findings and observations made herein above. Ed. This Case is also Reported in: 54 DLR (2002) 75. ......Assistant Judge, 4th Court, Dhaka in Title Suit No. 62 of 1996 should not be set aside and or pass such other or further orders as to this Court may seem fit and proper. 2. Short facts, necessary, for the disposal of the Rule are that the opposite party as plaintiff filed Title Suit No. 306 of 19......hall agree with the judgment and it shall contain the number of the suit, the names and description of the parties, and particulars of the claim, and shall specify clearly the relief granted or other determination of the suit. Rule 7 of Order XX of the Code further provides that the decree shall bea..Category: Property Law | Date: | Hits: 32
Atar Ali Miah (Md) Vs. State and Others, 1999, 28 CLC (HCD)
.... In the result, the Rule stands discharged. Order of stay granted at the time of issuance of the Rule stands vacated. No costs. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 120....... Paragraph 193 at page 322 it is stated: Previous decision should not be followed to the extent that grievous wrong may result; and, accordingly, the Courts ordinarily will not adhere to a rule or principle established by previous decisions which they are convinced is erroneous. The rule of st...... section 115 of the Code of Civil Procedure is a judgment and order dated May 5, 1999 recorded by Senior Assistant Judge, Habiganj Sadar, Habiganj in Title Suit No.78 of 1999 disposing an application for temporary injunction under Order 39, rule 1 of the Code and thereby rejecting the same. 2. Pe...... In the result, the Rule stands discharged. Order of stay granted at the time of issuance of the Rule stands vacated. No costs. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 120...Category: Property Law | Date: | Hits: 34
Khondaker Modarresh Elahi Vs. Government of the People’s Republic of Bangladesh, 2000, 29 CLC (HCD)
....I concur with the judgments delivered by my learned brothers Mainur Reza Chowdhury and Syed JR Mudassir Hussain, JJ, in discharging the Rule. Ed This Case is also Reported in: 54 DLR (2002) 47. ......pressive conduct relating to it, since the government may not permit designated symbols to be used to communicate a limited set of messages. Moreover, this Court will not create an exception to these principles protected by the First Amendment for the American Flag alone Pp. 410-422. The Supreme ......urt of Bangladesh. By this petition he seeks to protect his fundamental right and that of other citizens threatened to be violated by calling and observing “hartal” on 18-4-99 as in the past, and for a declaration that calling and the holding of what has come to be known as “hartal” is uncon......l was resorted to as a method to destabilise or paralyse the government in a colonial situation. It was justified then because we were dominated by an alien regime and that it was a struggle for self-determination. But such situation does not exist now. He submits that the calling of hartal is not a..Category: Constitutional Law | Date: | Hits: 216
Mobasher Hossain (Md) and others Vs. Saidur Rahman (Pvt) Ltd. and others, 2002, 31 CLC (HCD)
....he launch ghat at Gazaria where it was in the morning of 8th April, 2002 within seven days from date. There shall be no order as to cost. Ed. This Case is also Reported in: 55 DLR (2003) 51. ......n to bring back the party to a position where it originally stood as if the order passed by the court has not been contravened. The exercise of this inherent power vested in the court is based on the principle that no party can be allowed to take advantage of his own wrong in spite of the order to t......Rahman, Advocate‑ For the Petitioner. Khan Saifur Rahman, Senior Advocate‑ For Respondent No. 1. Admiralty Suit No. 12 of 2001. Judgment A B M Khairul Haque J.- This is an application for an order of mandatory injunction, praying for recovery of possession of the vessel MV. Hemayetud......he launch ghat at Gazaria where it was in the morning of 8th April, 2002 within seven days from date. There shall be no order as to cost. Ed. This Case is also Reported in: 55 DLR (2003) 51. ..Category: Admiralty Law or Maritime Law | Date: | Hits: 188
Moyezuddin Sikder and ors. Vs. State, represented by the DC, Khulna, 2007, 36 CLC (HCD)
....n with a non-obstante expression. Accordingly, the question raised at the Bar is hereby resolved with the observations as above. Ed. This Case is also Reported in: 59 DLR (2007) 287. ......(PC) 105 where their Lordships of the judicial committee of the Privy Council, though dealing with a civil matter in connection with a complete ouster of civil Courts jurisdiction, has enunciated the principles relating to exclusion of jurisdiction of the courts by way of enactment and it was held a...... Criminal Miscellaneous Case No. 3875 of 2007. Judgment Nozrul Islam Chowdhury J.- On 29-3-2007 this application under section 498 of the Code of Criminal Procedure with a prayer for anticipatory, bail was placed before this Court in connection with GR Case No.8 of 2007 arising ......n with a non-obstante expression. Accordingly, the question raised at the Bar is hereby resolved with the observations as above. Ed. This Case is also Reported in: 59 DLR (2007) 287. ..Category: Criminal Law | Date: | Hits: 50
Abdul Malek (Md) Vs. Bangladesh and others, 2006, 35 CLC (HCD)
....ave been passed without lawful authority and the same is of no legal effect. In the result, the Rule is made absolute. No costs. Ed. This Case is also Reported in: 59 DLR (2007) 284. ......ive action against the petitioner. On receiving that letter, the impugned order was passed by the company without issuing any show cause notice to the petitioner and thereby violating the established principle of natural justice. Hence this writ petition. 5. Respondent Nos. 2, 3, 4 and 5 have......1997 passed by the General Manager (Commercial) on behalf of the Managing Director, Jamuna Fertiliser Company Limited, Jamalpur (Annexure-D) cancelling dealership agreement of the petitioner with forfeiture of the security money. 2. Facts relevant for disposal of this Rule, in brief, are ......ave been passed without lawful authority and the same is of no legal effect. In the result, the Rule is made absolute. No costs. Ed. This Case is also Reported in: 59 DLR (2007) 284. ..Category: Civil Law | Date: | Hits: 74
Mozam and others Vs. State, 2006, 35 CLC (HCD)
....offence. Send down the lower Court's records at once with a copy of this judgment for information and for taking necessary action. Ed. This Case is also Reported in: 59 DLR (2007) 276.......se of Seraj Talukder vs. State reported in 3 BLC 182 it is held that in absence of sign of rape in the medical report and non examination of wearing clothes made the whole case doubtful The aforesaid principle is wholly applicable in the present case. 30. In view of the aforesaid evidence on ......nvicting the appellants under section 4(c)/9 of the Cruelty to Women (Deterrent Punishment) Ordinance, 1983 (hereinafter referred as Ordinance 1983) and sentencing each of them to suffer imprisonment for life and also to pay a fine of Taka 5,000 in default to suffer rigorous imprisonment for 6(six) ......offence. Send down the lower Court's records at once with a copy of this judgment for information and for taking necessary action. Ed. This Case is also Reported in: 59 DLR (2007) 276...Category: Criminal Law | Date: | Hits: 82
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