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Aysha Begum and others Vs. Mozibur Rahman, 2010, 39 CLC (HCD)

....rty as against the claim of a minor share of only one of member which by no stretch of imagination can be called just and convenient as contemplated by law. Learned judge appears to have acted on the erroneous proposition of law that ejmali nature of property and deprivation of the profits earned fr......by the plaintiff shall be deemed to have been denied.' 10 In the case of Faiz Ahmed Vs. Bakhtear Ahmed, 36 DLR (AD) 97, referred to by Mr. Mohammad Ali, our Appellate Division hastaken very strict view in matters of appoint­ment of receiver in a partition suit. Appellate Division quoted with app..

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. ......eration of the charge, their explanation, the report of the Enquiry Committee and record of their past services and there was no extenuating circumstances to award lesser punishment than dismissal in view of the gravity of offence committed by them. It has also been stated by respondents that sectio..

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. ......y the respondent No.1. Petitioner challenged that order of promotion as he was not promoted though he was the seniormost SPO as per the seniority list Petitioner’s grievance is, that after the interview impugned administrative circular No.9 of 1996 dated 18-3-96 was issued containing criteria for ..

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. ......Ministry wanted to obtain the Public Service Commission’s opinion on the employment of the petitioner in any other cadre other than the police cadre. In spite of the police report giving a definite view that the petitioner is not suitable for appointment to police or any other administrative cadre..

Category: Employment/Service Law | Date: | Hits: 194

State Vs. Tutul & Fazlur Rahman @ Badal and others, 2011, 40 CLC (HCD)

.... prosecution has made attempt to establish a got up case by sub­sequent embellishment and that the learned trial Judge without properly appreciating those aspects of the matter, came to an arbitrary erroneous decision convicting and sentencing the appellant Fazlur Rahman @ Badal as above and as suc......ct-appellants Tutul @ Monir Hossain made a confessional statement recorded under Section 164 of the Code of Criminal Procedure confessing his guilt as well as of other appellants. Prosecution, with a view to bring home the charge to the con­vict-appellants, examined as many as 14 witnesses and the ..

Category: Criminal Law | Date: | Hits: 98

Nazir Ahmed & Others Vs. Yonus Meah & Others, 1984, 13 CLC (HCD)

....udge in Criminal Motion No.53 of 1983 are 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. ......nces and incidents which if the imaginary state of affairs had in fact existed, must inevitably have flowed from it. East End Dwelling Co. Ltd Vs. Finsbury Borough Council 1952 AC 109......" 4. In view of the proviso to sub-section (3) of section 9 Cr.P.C. as soon as in any district, the District..

Category: Procedural Law | Date: | Hits: 116

Md. Siddiqur Rahman and others Vs. Government of the People’s Republic of Bangladesh represented by the Secretary, Ministry of Liberation War Affairs and others, 2012, 41 CLC (HCD)

....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: ...... Government or the respondent-Trust to frame any particular policy or to enact/amend any law or make regulations and therefore, we do not find any substance in the second part of the Rule. 18. In view of the discussions made above we find substance in the first part of the Rule in respect of pet..

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. ......h they pleaded their innocence and claimed to be tried and because of their absconsion the charge could not be read over and explained to accused Ahidul Islam and Kamal. 4. The prosecution, with a view to establish the charge examined as many as 10 witnesses and the defence exam­ined none. 5...

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. ......d appearing before him rather than considering the evidence on record with a searching eye to ascertain the truth as to the cause of death of the victim, and if any of the accused is guilty or not in view of the defence admission of an occurrence on the date of occurrence. Though the defence dispute..

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. ......the pre‑emptee. This point was never raised before the trial Court as well as before the appellate Court and for the first time it is being raised before this Court. In the facts of the case and in view of the nature of evidence on the question of improvement I do not find any reason to award any ..

Category: Property Law | Date: | Hits: 91

AKM Abu Sayed Chowdhury Vs. AKM Abdul Wahed Chowdhury and others, 2011, 40 CLC (HCD)

....al power. In the result the revision fails and the Rule is discharged without any Order as to cost. Sent down the LCR at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 298. ......tional District Judge, 2nd Court, Noakhali who also considering the facts and cir­cumstances dismissed the Appeal by his Judgment and decree dated 22-1-2007. 13. Now let us see how the consistent view as regard the concurrent finding in this respect I may refer the decision in the case Habibur R..

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. ......back before the Administrator of Wakfs. After the decision of the Administrator removing the Mutwalli, an appeal was preferred before the District Judge which was also dismissed. As against that, a review application under Order 47, rule 1 of the Code of Civil Procedure was filed which however was d..

Category: Trust/Waqf Law | Date: | Hits: 134

Nazmul Hossain (Md.) Vs. State, represented by the Deputy Commissioner, Patuakhali and others, 1992, 21 CLC (HCD)

....directing to start a case under Martial Law Regulation. It is the case of the complainant in his statement to the police under section 161 of the Code of Criminal Procedure that he made the complaint erroneously. He admitted to have paid Taka 200.00 on demand as a cost of medicine to be purchased fr......‑6‑92 at the top, yet none appears for the respondents. 6. Mr. KZ Alam, the learned Counsel having taken us through the impugned Judgment of the summary Martial Law Court and the Judgment on review confirming the same and also relevant laws, submitted that the instant petition is a continuati..

Category: Criminal Law | Date: | Hits: 84

Rezaul Karim Vs. Rashida Begum and another, 1995, 24 CLC (HCD)

....87 pending in the Court of Thana Magistrate Keshabpur, District Jessore, passed at the time of issuance of the Rule is hereby vacated. Ed. This Case is also Reported in:48 DLR (HCD) (1996) 416. ......of the Magistrates to entertain application for maintenance which is a family Court matter. 4. Learned Advocate then placing a decision of Division Bench reported in 47 DLR 18 holding the opposite view submits that the decision by the Division Bench was passed ex parte against the husband opposit..

Category: Family Law | Date: | Hits: 133

Siddique (Md.) Vs. Yeakuti Begum and others, 1997, 26 CLC (HCD)

....filed the present appeal. 3. Mr. Farooq Ahmed, the learned Advocate appearing for the appellant, submits that the learned Subordinate Judge was manifestly wrong in passing the impugned orderon an erroneous view of law and the same has seriously prejudiced the appellant. 4. No one appears for......present appeal. 3. Mr. Farooq Ahmed, the learned Advocate appearing for the appellant, submits that the learned Subordinate Judge was manifestly wrong in passing the impugned orderon an erroneous view of law and the same has seriously prejudiced the appellant. 4. No one appears for the respo..

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. ......hough it be of a tax, has been made by a party under mistake of law, that party is entitled to recover the same and the party refusing the same is bound to pay or return it. Since that decision, this view has been consistently followed by different Courts of this subcontinent. 15. The fact being ..

Category: Administrative Law | Date: | Hits: 192

Motleb Molla (Md.) Vs. Dost Mohammad and others, 1997, 26 CLC (HCD)

....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. ......f any averment in the written statement of the defendant opposite parties and particularly in the absence of any mention of specific date of dispossession of the plaintiff from the suit land. In such view of the matter, the Courts below committed error of law resulting in an error in arriving at the..

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. ......remaleelamani, AIR (29) 1942 Madrass 705. This is for maintenance of the child remaining with the mother and the Court granted maintenance under section 488 of the Code of Criminal Procedure. Similar view was taken in a case for maintenance filed by the mother for two male children under section 488..

Category: Family Law | Date: | Hits: 136

Signage Vs. Commissioner of Customs and others, 2010, 39 CLC (HCD)

.... no legal effect. And the rule issued in relation to the allocation of fixation of a separate service code is hereby dis­charged. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 137. ......ortion of the same order may also be examined by the High Court Division. Since the other portion of the order that is payment of VAT which the petitioner arrived to pay is an appealable order in our view, the High Court Division rightly refused to issue the Rule." On the basis of the above submi..

Category: Fiscal/Taxation Law | Date: | Hits: 168

Masum and others Vs. State, 2009, 38 CLC (HCD)

....liberty at once if not wanted in connection with any other case. Send down the Lower Court Records. Communicate the order at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 133. ......dged objectively with reference to the quality of the evidence on record. There are cases when conviction may be justified based on the testi­mony of the police personnel. But, this particular case, viewed in the light of the evidence on record and in view of the findings as recorded in the two pre..

Category: Criminal Law | Date: | Hits: 75