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Junnur Rahman (Md.) Vs. Bangladesh Shilpa Rin Sangstha (BSRS) and others, 1997, 26 CLC (HCD)
....Administrative Circular No.09/96 is within the power of the Board of Directors of BSRS. The said promotion guideline was approved in the meeting of the Board of Directors held on 29-8-93 and 18-12-95 amending the existing promotion guideline approved in the meeting of the Board held on 29-8-88. Arti......-96 (Annexure-K) promoting respondent Nos. 4-8 to the post of Assistant General Manager superseding and excluding the petitioner from promotion list should not be declared to have been issued without lawful authority and is of no legal effect. 2. Case of the petitioner is, that he was appointed L..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. ......ights, affecting his appointment in the service of the Republic and by doing so, it will not go beyond its jurisdiction. According to him, the fundamental rights of all citizens being ‘equal before law’, (Article 27) and ‘equality of opportunity in respect of employment, in the service of the ..Category: Employment/Service Law | Date: | Hits: 194
State Vs. Tutul & Fazlur Rahman @ Badal and others, 2011, 40 CLC (HCD)
....fan be discharged from his bail bond. Send down the Lower Court Records, along with a copy of this, judgment and order, at once. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 516. ......rrence. The said two eye witnesses are, in fact, chance witnesses and that the appellant Fazlur Rahman @ Badal has been falsely implicated in this case as he got inimical relation with the brother-in-law the of confessing appellant Tutul. Mr. Hossain further submits that the veracity of the F.I.R. o..Category: Criminal Law | Date: | Hits: 98
Ali Hossain and others Vs. State & others, 1984, 13 CLC (HCD)
....n of the Code of Criminal Procedure (Second Amendment) Ordinance, 1982 (Ordinance No. XXIV of 1982) which came into force on 21.08.1982. In the present case the trial not only started before the said amending OrdiÂnance, but was also completed before the said amendment. The judgment was of course d...... Cr.P.C. the complainant may present an appeal to the High Court Division against an order of acquittal passed in any case instituted upon complaint on any ground of appeal which involves a matter of law only. It is evident that in the instant case an appeal would have lied to the High Court Divisio..Category: Procedural Law | Date: | Hits: 130
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. ......of section 31 of the Cr.P.C. provides that an Assistant SesÂsions Judge deemed to be Additional Sessions Judge under the proviso to sub-section (3) of section 9 may pass any sentence authoriÂsed by law except the sentence of death and such Assistant Sessions Judge is deemed to have been appointed ..Category: Procedural Law | Date: | Hits: 116
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. ......the Appellant. Mrs. Hasna Begum- For the Appellant. Md. Aminur Rashid, State Defence lawyer- For the appellant-Kamal. Md. Salim, Deputy Attorney-General with Md. Ensan Uddin Sh..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. ......e both direct and circumstantial in the background of the respective cases of the prosecution and defence and to separate the grains from the chaff. If the trial Court is swayed by the oratory of the lawyer of a party to the case, as has been seen in this case, and without properly analysing the evi..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. ......so a co‑sharer to the jote in question, sold the case land to the petitioner at a consideration of Taka 20,000.00 by a sale deed dated 10‑9‑88 without serving any notice upon him as required by law and the said deal was concluded secretly with oblique motives. The sale in question was complete..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. ...... decree in the suit in Title Suit No.45 of 1974 is genuine and summons of that suit was duly served upon the defendants in that suit and they contested the suit by filing written statement engaging a lawyer. He furÂther submits that the Judgment and decree of the lower appellate Court is correct wh..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. ......is a case which has unfortunately been dealt with by the Administrator of Wakf and the learned District Judge more on surmises and conjectures than with reference to the materials on record or to the law on the subject. 2. It appears that an application was filed by one Syed Amir Hossain before t..Category: Trust/Waqf Law | Date: | Hits: 134
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. ...... finding no illegality in that order of maintenance. Against thereof this Rule has been obtained by the husband petitioner. 3. Mr. Syed Ziaul Karim, learned Advocate for the petitioner, argues one law point which is, that after the Family Laws Ordinance came into force applications under section ..Category: Family Law | Date: | Hits: 133
Siddique (Md.) Vs. Yeakuti Begum and others, 1997, 26 CLC (HCD)
.... There will be no order as to costs. Let a copy of this order be sent to the learned Subordinate Judge, 2nd Court, Dhaka forthwith. Ed. This case is also Reported in:49 DLR (HCD) (1997) 402. ......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 respondents. ..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. ......xcise (Appeal), Chittagong refusing to refund the amount of Taka 1,15,668.00 realised by way of VAT against the petitioner's consignment should not be declared to have been passed or made without any lawful authority and is of no legal effect. 2. The facts, in short, as stated in the petition are..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. ......tan Ahmed, the learned Advocate appearing for the petitioner, has firstly submitted that both the Courts below having failed to discuss and assess the oral and documentary evidence committed error of law resulting in an error in the decision causing failure of justice. It has been further submitted ..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. ......se of the maternal grand‑father. 3. Mr. Menhazuddin Ahmed Khan, learned Advocate appearing for the petitioner, submits that the learned Subordinate Judge hearing the appeal fell into an error of law by not holding that the father is the natural guardian for a minor male child above the age of s..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 disÂcharged. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 137. ......¸à¦• নীঃ ও বাঃ/২০০০/৩৪à§dated 31-10-2006 issued by the respondent No.4 refusing to allocate and fix a separate service code should not be declared to have been made without lawful authority and are of no legal effect and/or such other or further order or orders passed as t..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. ......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. ..Category: Criminal Law | Date: | Hits: 75
Bangladesh Legal Aid and Services Trust (BLAST) Vs. Bangladesh and others, 2010, 39 CLC (HCD)
....at the cost of the Office immediately for information and compliance with the same. However, there would be no order as to costs. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 124. ......anization committed to protecting and promoting human and fundamental rights of the poor and disadvantaged groups in keeping with the spirit of the Constitution, and striving to establish the Rule of law and good governance in the society by empowÂering the weaker and vulnerable segments to estabÂ..Category: Labour and Industrial Law | Date: | Hits: 163