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Anwar Hossain Vs. Election Commission of Bangladesh and others, 2001, 30 CLC (HCD)
....ny lawful authority. In the premises, the Rule is made absolute in view of the reasons stated above without any order as to costs. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 546. ......et of the consensus government formed by the Awami League as a dispute and refer the same to the Election Commission in the absence of any dispute raised in this regard by the petitioner or any other interested person and thus acted illegally and without jurisdiction. (iv) The proceedings taken b......de absolute in view of the reasons stated above without any order as to costs. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 546. ......ny lawful authority. In the premises, the Rule is made absolute in view of the reasons stated above without any order as to costs. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 546. ..Category: Constitutional Law | Date: | Hits: 196
....ion, the Government of Bangladesh approved a National H policy on 13-12-93 in its cabinet meeting and that though the Government has taken a policy but the same is not being followed by the concerned persons in the office and that the petitioner by dint of her hard work managed two meals a day for h...... further directed that the petitioner should not be evicted without observing the provisions of law. There will be no order as to cost.
Ed.
This Case is also Reported in: 53 DLR (HCD) (2001) 540.......cted without observing the provisions of law. There will be no order as to cost.
Ed.
This Case is also Reported in: 53 DLR (HCD) (2001) 540.......ehabilitating the basti people. The learned Advocate, referring to Article 15 of the Constitution, submits that the State is under obligation to ensure the basic necessities of life including health, education, shelter, medical care and the right to work. The learned Advocate referring to Article 32..
Category: Property Law | Date: | Hits: 97
Ibrahim (Md.) Vs. State, 2000, 29 CLC (HCD)
.... that more than one FIR were filed in respect of the same occurrence and several investigations were held and different Investigating Officers gave different opinions regarding the occurrence and the persons involved. Considering these facts, both the Courts held the view that further investigation ......e record to the learned Sessions Judge Bagerhat in accordance with the provisions of section 205C of the Code of Criminal Procedure. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 533. ...... in accordance with the provisions of section 205C of the Code of Criminal Procedure. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 533. ......e record to the learned Sessions Judge Bagerhat in accordance with the provisions of section 205C of the Code of Criminal Procedure. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 533. ..Category: Criminal Law | Date: | Hits: 39
Shuinya @ Suruj Ali Vs. State, 2000, 29 CLC (HCD)
....d and it is fitted to a tong handle and turns over into the handle, and there cannot be any room for doubt that the primary purpose for which such an implement is manufactured is to supply weapons to persons who want efficient stabbing instruments. It is extremely difficult to conceive of any domest...... our above discussion, we find no reason to interfere with the impugned judgment and order. In the result, the Rule is discharged. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 527. ......erfere with the impugned judgment and order. In the result, the Rule is discharged. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 527. ...... our above discussion, we find no reason to interfere with the impugned judgment and order. In the result, the Rule is discharged. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 527. ..Category: Criminal Law | Date: | Hits: 40
Government of Bangladesh Vs. ASM Ferojuddin Bhuiyan, 2000, 29 CLC (HCD)
....t Judge, Second Court, Dhaka in Title Appeal No.136 of 1997 are maintained. Lower Courts Record be sent as immediate as possible. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 522. ...... be noticed. 17 Section 42 of the Specific Relief Act enjoins that any person entitled to any legal character or to any right as to any property may institute a suit against any person denying, or interested to deny, his title to such character or right and the Court may in its discretion make th......orted in: 53 DLR (HCD) (2001) 522. ......t Judge, Second Court, Dhaka in Title Appeal No.136 of 1997 are maintained. Lower Courts Record be sent as immediate as possible. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 522. ..Category: Property Law | Date: | Hits: 83
....y the legal profession. Court is not a place for ventilating grievance as raising points on technicalities of law at the instance of rich clients but for seeking justice in favour of really aggrieved persons in the greater interest of the society and the people. Justice does not lie in favour of a p...... are of the view that the petitioner should be saddled with cost.
In the result, the Rule is discharged with cost of Taka 5,000.00 only.
Ed.
This Case is also Reported in: 51 DLR (1999) 208.
...... with cost.
In the result, the Rule is discharged with cost of Taka 5,000.00 only.
Ed.
This Case is also Reported in: 51 DLR (1999) 208.
...... are of the view that the petitioner should be saddled with cost.
In the result, the Rule is discharged with cost of Taka 5,000.00 only.
Ed.
This Case is also Reported in: 51 DLR (1999) 208.
..
Category: Property Law | Date: | Hits: 102
Shahid Mia and anothers Vs. State, 1998, 27 CLC (HCD)
....e people of the country are at the mercy of the few unlicensed illegal armed men and law and order of the country is at peril it is common experience that no one comes to Court to depose against such persons, and if any witness is compelled to come to Court generally he does not support the prosecut......esent case as noted above we find that the said principle is not applicable to the appellants. In the result, the application is rejected. Ed. This Case is also Reported in: 51 DLR (1999) 207.......d principle is not applicable to the appellants. In the result, the application is rejected. Ed. This Case is also Reported in: 51 DLR (1999) 207.......esent case as noted above we find that the said principle is not applicable to the appellants. In the result, the application is rejected. Ed. This Case is also Reported in: 51 DLR (1999) 207...Category: Criminal Law | Date: | Hits: 35
Sohail Thakur and others Vs. State, 1998, 27 CLC (HCD)
....edical College Hospital. 6. Police arrested the petitioners Nos. 3-11 from or near the place of occurrence on the night occurrence and after investigation submitted charge sheet against 12 accused persons including the 11 petitioners under sections 448/323/302/114/34 of the Penal Code on 30-7-96.......rar is directed to send copy of this judgment to the Sessions Judges for their future guidance and compliance with the directions made above. Ed. This Case is also Reported in: 51 DLR (1999) 199.......to the Sessions Judges for their future guidance and compliance with the directions made above. Ed. This Case is also Reported in: 51 DLR (1999) 199.......rar is directed to send copy of this judgment to the Sessions Judges for their future guidance and compliance with the directions made above. Ed. This Case is also Reported in: 51 DLR (1999) 199...Category: Criminal Law | Date: | Hits: 33
Abdur Rouf (Md.) and another Vs. State, 1998, 27 CLC (HCD)
....withdrew Tab 85,900.00 on 15-11-79 under cheque No.642354. Subsequently, all the relevant vouchers in connection with the collection of the cheques in question were dishonestly removed by the accused persons from the bundles of vouchers reserved by the bank in their bid to destroy the evidence of fr......irected to surrender to their bail bonds immediately to serve out the sentence imposed on them. Send down the lower Court records at once. Ed. This Case is also Reported in: 51 DLR (1999) 192.......iately to serve out the sentence imposed on them. Send down the lower Court records at once. Ed. This Case is also Reported in: 51 DLR (1999) 192.......irected to surrender to their bail bonds immediately to serve out the sentence imposed on them. Send down the lower Court records at once. Ed. This Case is also Reported in: 51 DLR (1999) 192...Category: Criminal Law | Date: | Hits: 104
Birla Tyres & another Vs. Sonali Anash Trading (Pvt) Ltd. and others, 2004, 33 CLC (HCD)
....pplication under Order XXXIX, rules 1, 2 and 3 of the Code for restraining said defendant Nos. 1 to 3 from dealing and/or making any transaction underhand or overhand in any manner with any person or persons in respect of Birla brand tyres and obtained an ex parte ad-interim injunction on those term...... Orders granting temporary injunction and ad interim mandatory injunction are hereby set aside. Plaintiffs shall bear cost all through. Ed. This Case is also Reported in: 58 DLR (2006) 84. ...... Revisional Jurisdiction) Present: Md. Abdur Rashid J SAB Mahmudul Huq J Birla Tyres & another ..................................................Petitioners Vs. Sonali Anash Trading (Pvt) Ltd. and others .........................Opposite Parties Judgment July 21, 2004 ...... Orders granting temporary injunction and ad interim mandatory injunction are hereby set aside. Plaintiffs shall bear cost all through. Ed. This Case is also Reported in: 58 DLR (2006) 84. ..Category: Civil Law | Date: | Hits: 148
Syed Abdul Alim alias Lalu Vs. DC, Dhaka and others, 2005, 34 CLC (HCD)
....me leaving his dead son in the hospital and ascertained about the occurrence from the people that Salim, petitioner Lalu and another Matin Mia had killed his son. He also learnt that the said accused persons including the petitioner stabbed another boy named Azad. Pursuant thereto Mirpur PS Case No.......osts. The petitioner (condemned prisoner) be set at liberty at once if not wanted in any other connection. Send down the records at once. Ed. This Case is also Reported in: 58 DLR (2006) 74. ......erty at once if not wanted in any other connection. Send down the records at once. Ed. This Case is also Reported in: 58 DLR (2006) 74. ......osts. The petitioner (condemned prisoner) be set at liberty at once if not wanted in any other connection. Send down the records at once. Ed. This Case is also Reported in: 58 DLR (2006) 74. ..Category: Criminal Law | Date: | Hits: 52
Mahfuz Anam & others Vs. State and another, 2005, 34 CLC (HCD)
.... petitioners as publication of some news items were directed against him and the local Magistracy is under the direct control and influence of the District Magistrate as well as other local political persons of the ruling party. So the accused petitioners have apprehended that fair and impartial tri......rict Magistracy. Send a copy of the judgment and order of the concerned Court below immediately for information. Ed. This Case is also Reported in: 58 DLR (2006) 60, 26 BLD (HCD) (2006) 26. ...... and order of the concerned Court below immediately for information. Ed. This Case is also Reported in: 58 DLR (2006) 60, 26 BLD (HCD) (2006) 26. ......rict Magistracy. Send a copy of the judgment and order of the concerned Court below immediately for information. Ed. This Case is also Reported in: 58 DLR (2006) 60, 26 BLD (HCD) (2006) 26. ..Category: Criminal Law | Date: | Hits: 100
Shamsul Haque Vs. Luna Fahmida Rahman and others, 2004, 33 CLC (HCD)
.... in the case the moment he fails to prove first title of his brother Mukhlesur Rahman and then, that of his own in the suit property. Consequently, he is obliged to vacate possession in favour of the persons who have got the title if the suit is not barred otherwise by law of limitation. As Luna and......l Haque in Other Suit No. 15 of 98 is directed to vacate the suit house within sixty days from date positively. Send down the LCR at once. Ed. This Case is also Reported in: 58 DLR (2006) 51.......ate the suit house within sixty days from date positively. Send down the LCR at once. Ed. This Case is also Reported in: 58 DLR (2006) 51.......tion Khatian being No. 5661 was prepared in their names in respect of entire suit property. Since then the plaintiffs paid rent, municipality taxes and other rates regularly. The plaintiffs got their education in England and also had jobs there. As they were staying in England and their grandfather ..Category: Property Law | Date: | Hits: 139
Rupali Bank Ltd. and others Vs. Chairman, First Labour Court and others, 2005, 34 CLC (HCD)
....effect. 2. These Rules initially came up for hearing before a Division Bench of the High Court Division and the said Bench having noticed a conflicting decision in 54 DLR 602 on the point, whether persons employed against a temporary post/position can be held to have been permanently employed bec......ent worker. The present 9 (nine) Rules, therefore, must fail. In the result, all these Rules are discharged without any order as to costs. Ed. This Case is also Reported in: 58 DLR (2006) 46.......ust fail. In the result, all these Rules are discharged without any order as to costs. Ed. This Case is also Reported in: 58 DLR (2006) 46.......ent worker. The present 9 (nine) Rules, therefore, must fail. In the result, all these Rules are discharged without any order as to costs. Ed. This Case is also Reported in: 58 DLR (2006) 46...Category: Employment/Service Law | Date: | Hits: 85
State Vs. Mukul @ Swapan, 2004, 33 CLC (HCD)
....acoit having got scent of the police personnel in the area started running away when deceased Sub-Inspector Amzad caught hold of him. At this, Mukul raised hue and cry for help when the other accused persons being his parents and relations proceeded towards the place of occurrence with lathi, etc an......lage on the date of occurrence to apprehend the condemned prisoner. This also renders the prosecution case highly doubtful. It is further submitted that the witnesses examined in this case are highly interested persons, particularly PWs 1 and 5-7, and PWs 2-4 had admitted that they are to obey the o......ate the order at once. Send down the LC record. Ed. This Case is also Reported in: 58 DLR (2006) 40. ......pon be set at liberty forthwith, if not wanted in connection with any other case. Communicate the order at once. Send down the LC record. Ed. This Case is also Reported in: 58 DLR (2006) 40. ..Category: Criminal Law | Date: | Hits: 49
Abu Taher Vs. State, 2005, 34 CLC (HCD)
....over family dispute. He then lodged first information report against them. 3. Police after investigation of the case submitted charge-sheet against the three first information report named accused persons including the appellant, who was absconding. They were put to trial in the Court of Addition...... seen in the locality for 4/5 days before the occurrence. His such evidence is inconsistent with PW 2. Moreover, relationship of PW 3 with the appellant was inimical. He was not an independent and disinterested witness. Furthermore, his evidence does not prove presence of the appellant in his hut on......rds at once with a copy of the judgment for information and taking necessary action. Ed. This Case is also Reported in : 58 DLR (2006) 34. ......ted in any other case. Send down the lower Court's records at once with a copy of the judgment for information and taking necessary action. Ed. This Case is also Reported in : 58 DLR (2006) 34. ..Category: Criminal Law | Date: | Hits: 41
World Tel Bangladesh Ltd. Vs. Government of Bangladesh and others, 2005, 34 CLC (HCD)
....mployee has a right to be considered for promotion which is a condition of his service. Article 133 of the Constitution gives the authority power to regulate the appointment and service conditions of persons in the service of the republic. But it does not give power to prohibit promotion beyond the ......discharged without any order as to costs. The order of status quo granted at the time of issuance of the Rule is hereby recalled and vacated. Ed. This Case is also Reported in: 58 DLR (2006) 14.......the Rule is hereby recalled and vacated. Ed. This Case is also Reported in: 58 DLR (2006) 14.......discharged without any order as to costs. The order of status quo granted at the time of issuance of the Rule is hereby recalled and vacated. Ed. This Case is also Reported in: 58 DLR (2006) 14...Category: Information Technology Law | Date: | Hits: 321
....tive/administrative action. Because an action that is arbitrary must of necessity involve the negation of equality. One need not confine the denial of equality to a comparative evaluation between two persons to arrive at a conclusion of discriminatory treatment. An action per se arbitrary itself neg...... any lawful authority and are of no legal effect.
In view of the facts and circumstances of the cases there will be no order as to cost.
Ed.
This Case is also Reported in: 58 DLR (2006) 5.
......n view of the facts and circumstances of the cases there will be no order as to cost.
Ed.
This Case is also Reported in: 58 DLR (2006) 5.
...... any lawful authority and are of no legal effect.
In view of the facts and circumstances of the cases there will be no order as to cost.
Ed.
This Case is also Reported in: 58 DLR (2006) 5.
..
Category: Fiscal/Taxation Law | Date: | Hits: 81
Selim Reza Vs. Government of Bangladesh and others, 2005, 34 CLC (HCD)
....ipate in the 4th tender due to be held on 13-4-2005, he could not purchase the tender documents and participate in the tender due to the interference and obstruction created by some local influential persons. The petitioner therefore, requested the respondent No. 4, Deputy Commissioner, that since h......Rule is made absolute without any order as to costs. The office is directed to communicate this order to the respondents for information. Ed. This Case is also Reported in: 58 DLR (2006) 1. ...... The office is directed to communicate this order to the respondents for information. Ed. This Case is also Reported in: 58 DLR (2006) 1. ......Rule is made absolute without any order as to costs. The office is directed to communicate this order to the respondents for information. Ed. This Case is also Reported in: 58 DLR (2006) 1. ..Category: Others | Date: | Hits: 114
Annada Prosad Das Vs. DC, Khulna and others, 2001, 30 CLC (HCD)
.... his residence in the United Kingdom shall be deemed to continue to be permanent resident in Bangladesh. Provided that the government may noting in the Official Gazette any person or categories of persons to whom this Article shall not apply. 2B. (1) Notwithstanding anything contained in Arti......ppeal is allowed, the judgments and decrees of the Courts below are set aside and the suit is decreed in full. No order as to costs. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 496.......ocates — For the Appellant. Bivash Chandra Biswas, Assistant Attorney-General— For the Appellant. Second Appeal No. 491 of 1975. Judgment Abu Sayeed Ahammed J .- This appeal is at the instance of the appellant Annada Prasad Das and it calls in question the propriety of the judgment a......ppeal is allowed, the judgments and decrees of the Courts below are set aside and the suit is decreed in full. No order as to costs. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 496...Category: Immigration and Citizenship Law | Date: | Hits: 190
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