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State Vs. Dipu Mondal, 2010, 39 CLC (AD)
.... a, District-Rajbari in connection with the case and to admit him on bail to his satisfaction till he makes any prayer in that regard. Ed. This Case is also Reported in: VIII ADC (2011) 267. ......ation has been offered by the accused Dipu Mondal. about the death of his wife which is not reasonable and his conduct is offensive in law and as such strong presumption of his guilt can be reduced holding him responsible for the death of his wife Lipi Beugm. There was throwing out of dead body ..Category: Procedural Law | Date: | Hits: 81
Abdul Jalil Vs. Bangladesh Steel & Engineering Corporation, 1989, 18 CLC (HCD)
....nd that the principle of natural justice does not automatically give to the affected person a right to second show cause notice unless such a provision is in the service rules or in the Parent Act. Undisputedly the plaintiff is not a Government servant. He was an employee of the Corporation under a ...... in law in making a confusion between the words "dismissal" and "termination" and considered both the words as synonymous which has occasioned failure of justice, that the trial Court erred in law in holding that the relationship between the plaintiff and the defendants is that of master and servant..Category: Employment/Service Law | Date: | Hits: 108
....e been passed without any lawful authority and is of no legal effect and the Rule is accordingly disposed of without any order as to costs.
Ed.
This Case is also Reported in: 43 DLR (1991) 471.
......tioner to pay the respondent No. 2 termination benefits and full back wages and other attending benefits from the date of suspension till the date of judgment within 30 days from the date of judgment holding, inter alia, that the order of dismissal was unfair and illegal and the relationship between..
Category: Labour and Industrial Law | Date: | Hits: 133
Rupali Bank Vs. Haji Ahmed Sabur & another, 1990, 19 CLC (HCD)
....from the date of filing the suit on 2.2.84 till realization with cost and the cross‑objection of the plaintiff‑respondent is dismissed. Ed. This Case is also Reported in: 43 DLR (1991) 464. ....... 94,687.00 on 27.1.81 whereupon the Amir Market branch released the shipping documents to the plaintiff who thereafter cleared and took delivery of the goods from Chittagong port. Due to illegal withholding of the shipping documents for the suit consignment by the Amir Market branch of defendant No..Category: Civil Law | Date: | Hits: 83
Tripura Modern Bank Ltd. Vs. Sunil Kumar Rajgharia and others, 1990, 19 CLC (HCD)
....s No. 2 and 3 to the petitioner within two months. The executing Court is directed to proceed with the execution case in accordance with law, Ed. This Case is also Reported in: 43 DLR (1991) 460.......e No. 174 of 1989 under section 47 of the Code and the same was dismissed on 16.1.71. He again filed Miscellaneous Case No. 30 of 1971 under section 47 of the Code and the same was allowed on 16.1.75 holding that the claim of the decree holder before the High Court in the said Matter No. 31 of 1962 ..Category: Civil Law | Date: | Hits: 103
Anwar Hossain Monju Vs. State, 1991, 20 CLC (HCD)
....petitioner was a Minister and powerful one, the Government issued a detention order in the instant case on 29.12.90 under section 3(1) of the Special Powers Act upon Anwar Hossain Monju and it is not disputed that at the same time and during that time several other detention orders have also been is......on and not the date or order of the detention is the material point." 25. We are in respectful agreement With the above view and following the principle as spelt out above we have no hesitation in holding that what the High Court orders in a case of detention is the legality of the detention on t..Category: Criminal Law | Date: | Hits: 98
Abdul Latif (Md.) and Others Vs. Government of Bangladesh, 1989, 18 CLC (HCD)
....opriate on our part to pre‑empt the decision in any manner. The Rules Nisi are, therefore, discharged but without any order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 446.......r review, it is the petitioners own case that they do not belong to the defence services. They are civilian employees in the defence services. The Administrative Tribunal was obviously not correct in holding in the cases filed by the petitioners that they belonged to defence services. Against the sa..Category: Administrative Law | Date: | Hits: 187
Tariq Habibullah Vs. State, 1990, 19 CLC (HCD)
....inst him. It is hereby directed that the accused appellant be set at liberty forthwith, if not wanted in connection with any other case. Ed. This Case is also Reported in: 43 DLR (1991) 440. ...... written by Sawpna on 18.4.88 and sent the same to the hand writing expert who opined that the letter was in the hand of deceased Sawpna. He admitted in cross‑examination that on 29.4.80 the doctor holding post‑mortem in his first report could not give any definite opinion with regard to the cau..Category: Criminal Law | Date: | Hits: 116
Progati Industries Ltd. Vs. Shahida Khatun and others, 1991, 20 CLC (HCD)
....ted "the registered office of M/s. Rana Tractors and Equipments Ltd was at Lahore. The Directors were Pakistanis who resided at Lahore. After liberation of Bangladesh all its properties including the disputed properties vested in the Government as abandoned property under PO No. 16 of 1972. The Gove......f No. 1 (c) and proved documents marked Exts. 1 to 4 and the defendants and produced documents marked Ext. A to Z(7). 6. The trial Court on consideration of the evidence on record decreed the suit holding that (1) that the suit is maintainable (2) that Title Suit No. 315/1968 filed by the PICIC w..Category: Property Law | Date: | Hits: 69
Motiul Hoque Vs. Dhaka Improvement Trust (RAJUK) & another, 1990, 19 CLC (HCD)
....the result, the appeal is dismissed Without any order as to costs and the judgment and decree passed by the trial Court is hereby affirmed. Ed. This Case is also Reported in: 43 DLR (1991) 407. ...... that for non‑compliance of the provision of the terms as embodied in clause 27 of the deed and also the provision of 111(g) and 114A of the Transfer of Property Act and that the plaintiff is still holding the land in his possession, the order of determination of lease suffers from legal infirmiti..Category: Property Law | Date: | Hits: 87
Alamgir and others Vs. State, 2010, 39 CLC (AD)
....to appeal by the impugned judgment. No case has been made out for review of the said judgment and accordingly the same is dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 244. ......ed gun shots at him, when the victim fell down then the other accused persons dealt blow by sharp cutting weapons on various parts of his body. 3. The case was investigated by the police and after holding investigation police submitted charge sheet on 12.03.2002 under Sections 302 and 34 of the..Category: Criminal Law | Date: | Hits: 59
Mohammad Abdul Alim Vs. Government of Bangladesh and others, 2009, 38 CLC (AD)
.... the continuance of the property as abandoned is not maintainable. Accordingly, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: VIII ADC (2011) 233.......nance, 1985 (Ordinance No. LIV of 1985). 2. The facts involved in the case, in short, are that the appellant, Mohammad Abdul Alim alleged to have purchased the disputed land and building bearing holding No.94 of Nawabpur Road, under Sutrapur Police Station, Dhaka from one Abdus Sattar and Khors..Category: Property Law | Date: | Hits: 65
Government of Bangladesh and others. Vs. Md. Tarikh-ul-Islam and others, 2010, 39 CLC (AD)
....e respondents are also directed to file concise statement within 9(nine) weeks. The appeal is fixed for hearing on 24th January, 2011. Ed. This Case is also Reported in: VIII ADC (2011) 214. ......ind made the rule absolute in failing to consider that the writ petition itself is not maintainable. The learned Deputy Attorney General further contended that the High Court Division erred in law in holding that the Directorate of Education or the Deputy Commissioner or the Upazilla Nirbahi Officer..Category: Employment/Service Law | Date: | Hits: 58
Government of Bangladesh and others. Vs. Bokul Mia and others, 2009, 38 CLC (AD)
.... Constitution by the High Court Division is thus liable to be set aside and the further submission that the High Court Division in summary proceeding under Article 02 of the Constitution decided the disputed question of facts regarding making of award for compensation which is not possible and hav......on. In the circumstances of the case, we do not find any legal infirmity in the impugned judgment of the High Court Division. The appeal is dismissed. Ed. This Case is also Reported in: ..Category: Property Law | Date: | Hits: 80
M/s. Golden Biscuit Co. Vs. AL‑Haj Rafique Mia and another, 1993, 22 CLC (HCD)
....lowed and the petitioner be permitted to make a deposit of his rent in favour of the landlords. There shall be no order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 181.......the same as a tenant under him at a monthly rental of Taka 1200.00. Under a registered deed of Heba‑bil‑ewaz dated 2nd November, 1987 the said Al‑haj Mohammad Ashraf Ali transferred half of the holding in favour of Al‑haj Mohammad Rafique who is now the opposite party in Civil Revision No.67..Category: Property Law | Date: | Hits: 78
Farid Karim Vs. State, 1992, 21 CLC (HCD)
....nal Code against the appellant by adducing evidence and also whether the judgment and order of conviction and sentence passed by the trial Court is sustainable in law. 8. The death of Tutul is not disputed. The prosecution has also proved by evidence that the death of Tutul was not natural death ......order of rejection of the Reference be also communicated to the Superintendent, Rajshahi Central Jail for information and compliance. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 171. ..Category: Criminal Law | Date: | Hits: 84
Ali Ahmed Malaker @ Kunai @ Malaker & others Vs. The State, 1990, 19 CLC (HCD)
....vidence and as such it should not be disturbed. 10. We have been taken through the evidence, judgment and other materials on record. 11. The fact that the victim Tapu was killed brutally is not disputed by the defence. PW 2 doctor Devbrota Chakravarty held post mortem examination on the dead b......llants are found not guilty to the charge levelled against them and they be set at liberty forthwith if not wanted in any other connection. Ed. This Case is also Reported in: 43 DLR (1991) 401. ..Category: Criminal Law | Date: | Hits: 67
Giasuddin Ahmed and others vs. Bangladesh and others, 2010, 39 CLC (HCD)
....cate the judgment and order to respondent No.2 and 6 at once. Ms. Naima Haider J. - I agree. Ed. This Case is also Reported in: 31 BLD (HCD) (2011) 405; 64 DLR (HCD) (2012) 314. ...... meritorious and unblemished service record, save and except those who are still at the entry level post and whose promotion has not become due yet. The petitioners are and were at all material times holding the posts of Member/General Manager, Director, Divisional Engineer, Sub-Divisional Engineer ..Category: Constitutional Law | Date: | Hits: 145
Sk. Abul Qasem and others Vs. Mayez uddin Mondal and others, 1992, 21 CLC (HCD)
....rder of stay granted earlier by this Court is hereby vacated. Let a copy of this order be transmitted to the court below immediately. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 169. ......ts stated in their written statements that the alleged bainapatra upon which the suit has been instituted is false, fabricated and antedated and the plaintiff has not gone into possession of the suit holding in pursuance of the same and it is the defendant‑petitioners who are in possession of the ..Category: Procedural Law | Date: | Hits: 84
Arshad Ali Vs. Momtaz Ali and another, 1991, 20 CLC (HCD)
....o.1 from a portion of the suit premises in which he had been in possession for a long time as a licensee of co‑defendant‑opposite party No.2. it is the case of the plaintiff‑petitioner that the disputed holding covered by CS Khatian No.219 of Mymensingh town belonged to one Azit Sheikh who die......a portion of the suit premises in which he had been in possession for a long time as a licensee of co‑defendant‑opposite party No.2. it is the case of the plaintiff‑petitioner that the disputed holding covered by CS Khatian No.219 of Mymensingh town belonged to one Azit Sheikh who died leaving..Category: Procedural Law | Date: | Hits: 94
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