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Nasiruddin (Md.) Vs. State, 2009, 38 CLC (HCD)

....tural, independent and competent witnesses including the eye-witnesses, who were present at the place of occurrence, witnessed the recovery and have corroborative the prosecution case in all material particulars and, as such, the prosecution case has been proved by legal evidence without any shadow ......tion of the superior Officer. 17. P.W.5 NK Md. Jahangir Alam, another member of RAB-3. He was tendered and the defence declined to cross-examine him. 18. P.W.6 SI Md. Khalid Hossain, the second investigation Officer, who has undertaken and continued the investigation from 22-3-05. He has state..

Category: Criminal Law | Date: | Hits: 79

Abul Kashem Vs. AKM Golam Mostafa and others, 2009, 38 CLC (HCD)

....f 1999. These Rules having arisen out of a common Judgment, have been heard together and are being disposed of by this Judgment. 2. Short facts leading to these Rules are that on 1-4-1999 opposite party Nos.5-6 as pre-emptors claiming as holding lands contiguous to the land transferred instituted......ated. Office is directed to send down the records of this case at once with a copy of Judgment for information and necessary action. Ed This Case is also Reported in: 62 DLR (HCD) (2010) 44. ..

Category: Administrative Law | Date: | Hits: 230

Chief Engineer, the Local Government and Engineering Department and others Vs. Kazi Mizanur Rahman and others, 2012, 41 CLC (AD)

....a Kumar Sinha J Md. Abdul Wahhab Miah J Nazmun Ara Sultana J Syed Mahmud Hossain J Muhammad Imman Ali J Md. Shamsul Huda J The Chief Engineer, the Local Government and Engineering Department, LGED Bhaban, Agargaon, Sher-E-Bangla Nagar, Dhaka……………………....................... The leave petitions are disposed of with the above observations and modifications of the earlier as well as the impugned judgments. Ed. This Case is also Reported in: 17 BLC (AD) (2012) 91. ..

Category: Employment/Service Law | Date: | Hits: 147

Director General, Bangladesh Railway and others Vs. Sher-e-Bangla Market Dokander Bohumukhi Samobaya Samity Ltd., 2012, 41 CLC (AD)

....aised the value of the land to Tk.18, 24, 00,241.56. It further appears that there was a dispute regarding the ownership of land between the different Ministries. However, Bangladesh Railway received part payments on different occasions and the writ petitioner executed an Angikarnama on 03.02.2009 w...... appreciation of the facts and circumstances of the case. We do not find any merit in the leave petition. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: ..

Category: Civil Law | Date: | Hits: 70

Chutta Miah Vs. State, 2004, 33 CLC (HCD)

....Mia filed a petition before the Court below through his engaged lawyer stating that all the prosecution witnesses in the case were examined during his absence and, as such, it was not possible on his part to cross-examine those witnesses and that in the circumstances he prayed for giving him an oppo...... made above and in accordance with law after giving the petitioner an opportunity to recall the prosecution witnesses for cross-examination. Ed. This Case is also Reported in: 56 DLR (2004) 610. ..

Category: Criminal Law | Date: | Hits: 68

Abdul Mataleb Howlader and others Vs. State, 2003, 32 CLC (HCD)

....there is apprehension of breaking down of law and order situation at any time where the petitioners may face inconvenience inasmuch as their lives are in danger, since they are men of rival political party. He secondly, submits that the petitioners are not at all safe at Barisal Divisional Headquart......d by this Court earlier, stands vacated. Send a copy of this judgment to the Court concerned at once for information and necessary action. Ed. This Case is also Reported in: 56 DLR (2004) 607...

Category: Criminal Law | Date: | Hits: 86

Azad Hossain (Md) Vs. State, 2003, 32 CLC (HCD)

....lam Azad and not the actual person who has been convicted and sentenced in the aforesaid Special Case, prayed for bail and in support of his claim he produced several documents. Upon hearing both the parties the Magistrate observed in his order dated 31‑12‑2002 that whether the accused is actual......ation, Dinajpur, describing Md. Abul Kalam Azad, son of Md. Nurul Islam of village: Mukundapur, PS: Kaharol, District: Dinajpur as the proprietor of the said "Azad Bastraloy". After completion of the investigation the investigating officer submitted charge-sheet under section 25B(2) of the Special P..

Category: Criminal Law | Date: | Hits: 73

Dr. Qazi Faruque Ahmed Vs. State, 2004, 33 CLC (HCD)

....o. 4361 of 2004. Judgment Nozrul Islam Chowdhury J. - This Rule under section 498 of the Code of Criminal Procedure was issued at the instance of the petitioner asking the present Rule opposite party to show cause why the petitioner Dr. Qazi Faruque Ahmed should not be enlarged on bail in Pall......ring with Mr. Alamgir Kabir, learned Assistant Attorney General on behalf of the State, opposes the Rule with the submission that here is a case which has been initiated only on 20‑6‑2004 and the investigation is yet to be over and in course of investigation if the petitioner is enlarged on bail..

Category: Criminal Law | Date: | Hits: 81

Kazi Liakat Ali and others Vs. Chairman, Civil Aviation Authority and another, 2003, 32 CLC (HCD)

....সামরিক বিমান চলাচল কর্তিপক্ষ এর কর্মচারী চাকুরি প্রবিধানমালা ১৯৮৮" (the Regulations), particularly with regulation 2 which provides for appointment of three classes of employees­- proba......harged. The order of stay granted by this Court at the time of issuance of the Rule is hereby vacated. We however, make no order as to costs. Ed. This Case is also Reported in: 56 DLR (2004) 595...

Category: Employment/Service Law | Date: | Hits: 125

Al Baraka Bank Bangladesh Ltd. Vs. Rina Alam and another, 2004, 33 CLC (HCD)

....as therefore, hit by the principles of res judicata. 9. On the pleading the following issues were settled: 1. Was the suit in the present form maintainable? 2. Was the suit bad for defect of parties? 3. Had the plaintiff mortgaged the property covered by scheduled deed against the loan o......ffirmed. The bank is directed to return the schedule document within seven days of receipt of this judgment. Send down the LCR at once. Ed. This Case is also Reported in: 56 DLR (2004) 588...

Category: Civil Law | Date: | Hits: 109

Hasan Rony Vs. State, 2004, 33 CLC (HCD)

....ing officer by a seizure list Ext. 4. PW 5 is a formal witness who has taken the dead body to the morgue. PW 7, the Manager of the Hotel Nurani, has corroborated the testimony of PW 1 in all material particulars. He stated that he intimated the police and thereupon PW 1 came to the hotel and entered......d against him and he is acquitted thereof. Appellant Hasan Rony be set at liberty at once, if not wanted in connection with any other case. Ed. This Case is also Reported in: 56 DLR (2004) 580. ..

Category: Criminal Law | Date: | Hits: 128

Md. Iqbal Hossain Vs. Government of Bangladesh and others, 2011, 40 CLC (AD)

....High Court Division in Writ Petition No.8469 of 2011 disposing of the writ petition summarily with a direction upon the respondents specially upon respondent No.5 to allow the writ petitioner to take part in the ensuing Narayangonj City Corporation Election, 2011 upon accepting his nomination paper ......passed by the High Court Division. Accordingly, the civil petition for leave to appeal is dismissed with the observa­tion made above. Ed. This Case is also Reported in: 17 BLC (AD) (2012) 42. ..

Category: Election Law | Date: | Hits: 250

SAH Monowar Ali and others Vs. Chairman, Bangladesh Jute Mills Corporation and others, 2009, 38 CLC (HCD)

.... is a clear manifestation of gross abuse of power and is thus without any lawful authority and of no legal effect. The Rule in each of the Writ Petitions before this Court is therefore, made absolute partially in terms of declaring the impugned orders dated 29-8-2002 issued by the respondent No.2 as......ration will pay the arrear salary to the employees immediately. In the result, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 1. ..

Category: Criminal Law | Date: | Hits: 83

Mantu Faraji alias Jamal Faraji and others Vs. Mahiuddin Khan, 1996, 25 CLC (HCD)

....llaneous Case No.597 of 1974 by the Assistant Judge, Additional Court, Kushtia to the effect that appellant No.1 will not get the cost of removing his house from the disputed land. 2. The opposite party No.1 filed an application under section 96 of the State Acquisition and Tenancy Act against th...... is a raiyati land within a village and so section 96 of the Act is attracted. In the result, the Rule is discharged without cost. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 147. ..

Category: Property Law | Date: | Hits: 70

NFM Universeum Estate Ltd. Vs. ANM Obaidul Islam and others, 2004, 33 CLC (HCD)

....mined the witness of the plaintiff but did not adduce any evidence. It contended that the suit was not maintainable without prior notice under section 169 of Town Improvement Act, 1953. 10. On the party pleadings the following issues were finally settled: (a) Was the suit maintainable in the m......ssed the plaintiff in 1992. 26. Syed Md. Delawar Hossain was examined as Advocate Commissioner. He deposed that he was the member of Dhaka Bar and appointed an Advocate Commissioner. After holding investigation he submitted his report dated 12‑5‑98. 27. Abdul Awal Minto on behalf of defend..

Category: Property Law | Date: | Hits: 85

M. M. Rafiqul Hyder Vs. The State, 1988, 17 CLC (HCD)

....d that the evidence on record disclosed that each baggage contains a baggage tag and the baggage of the crews contains 2 (two) tags each and the pas­sengers who carry those baggages keep with them a part of this tag and this system has been introduced to facilitate the identification of a particula......ile and the prosecu­tion did not challenge the truthfulness of her state­ment. 17. The last witness is P.W.8 who is the In­vestigating Officer (M.A. Hashem). He deposed that after completion of investigation he submitted charge sheet against the accused appellant. He stated, “স্বর্..

Category: Criminal Law | Date: | Hits: 87

Md. Osman Vs. Fatema Khatoon & others, 1989, 18 CLC (HCD)

....1971 as alleged since they deposited the rent duly in the Office of the Con­troller in House Rent Control Case No.70 of 1971 and the allegation of sub-letting was false as defen­dant No.5 was their partner in the business. The no­tice under section 106 of the Transfer of Property Act was neither ......l is allowed with costs and the judgment and decree of the lower appel­late Court is set aside and those of the Trial Court is upheld. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 270...

Category: Property Law | Date: | Hits: 66

Secretary, Bangladesh Jute Corporation & another Vs. The Chairman, Second La­bour Court & another, 1989, 18 CLC (HCD)

....s into question the judgment and order dated 13.8.86 passed by the Chairman, 2nd Labour Court, Dhaka, respondent No.1, in Complaint Case No.25 of 1984, allowing the said case and directing the second party-petitioner to withdraw the impugned order of suspen­sion dated 19.8.82 and allow the 1st part......9.8.82. We, therefore, find no ground for interference. In the result the Rule is discharged but without any order as to costs. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 265. ..

Category: Labour and Industrial Law | Date: | Hits: 166

Nirman International Ltd. Vs. Islam Steel Mills Ltd. and others, 1997, 26 CLC (HCD)

.... for supply of 300 MT ASTM A 615 HT deformed bar consisting of different sizes and respondent supplied the same and the appellant acknowledged the receipt of the materials. The appellant used to make part payment of bills while taking delivery of the goods and assured payment of the outstanding bala......to hold that the appellant has motive to delay the execution of the decree. He further argued with reference to Order 38 rule 8 CPC that where a claim to the property attached is made without holding investigation the order of attachment cannot be set aside as the same requires investigation. He fur..

Category: Procedural Law | Date: | Hits: 118

Nurul Islam and others Vs. Khatibuddin Ahmed and others, 2004, 33 CLC (HCD)

....Judgment Md Abdul Aziz J. - This Rule has been issued at the instance of the defendant‑petitioners on an application under section 115(1) of the Code of Civil Procedure calling upon the opposite parties to show cause as to why the order dated 20‑10‑03 passed by the learned Additional Distri......accordance with law on the evidence adduced by the parties, if any. Send down the copy of this judgment and order to Courts below at once. Ed. This Case is also Reported in: 56 DLR (2004) 545...

Category: Civil Law | Date: | Hits: 74