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Md. Riaz Uddin Khan, Advocate and another Vs. Mahmudur Rahman and others, 2010, 39 CLC (AD)

....ties to discharge in a Court of justice are protected by the law, and shielded on their way to the discharge of such duties, while discharging them, and on their return there from, in order that such persons may safely have resort to Courts of justice". 38. Cornlius, CJ in Edward Snelson [Edward ......m at page-270.]." 36. The powers are given to the Judges to keep the course of justice free; powers of great importance to society, for by the exercise of them law and order prevail; those who are interested in wrong are shown that the law is irresistible. It is this obstruction which is called i......Case is also Reported in: 63 DLR (AD) (2011) 29, 19 BLT (AD) (2011) 54, 16 MLR (AD) (2011) 161. ...... petition is allowed in part. The short order quoted above forms part of this judgment. Ed. This Case is also Reported in: 63 DLR (AD) (2011) 29, 19 BLT (AD) (2011) 54, 16 MLR (AD) (2011) 161. ..

Category: Criminal Law | Date: | Hits: 163

Serajul Hoque Vs. Commissioner of Taxes, Intelligence and Investigation Zone Dhaka, 1999, 28 CLC (HCD)

....s. While considering the wealth statement, the DCT found an increase in wealth of Taka 2, 48,962.00 which the assessee contended to be out of the sum of Taka 2, 80,000.00 received as gift from two persons, namely, Md. Keramat Ali and Md. Abdul Kashem. In support of the gift the assessee submitted......ion raised in this reference is answered in the negative and in favour of the assessee applicant. There will be no order as to cost. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 338.......e and in favour of the assessee applicant. There will be no order as to cost. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 338.......ion raised in this reference is answered in the negative and in favour of the assessee applicant. There will be no order as to cost. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 338...

Category: Fiscal/Taxation Law | Date: | Hits: 81

Eman Ali Mallik Vs. State, 2000, 29 CLC (HCD)

....an from the local Sonali Bank through Bangladesh Rural Development Board, Rajbari during the financial year 1985-86. The Rural Development Board of Rajbari allowed the aforesaid prayer of the accused persons and secured for them a loan of Taka 35,872.30 from Sonali Bank. It was further alleged that ...... case within six months from the date of receipt of the case records from this Court. Send down the lower Court records immediately. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 335....... of the case records from this Court. Send down the lower Court records immediately. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 335....... case within six months from the date of receipt of the case records from this Court. Send down the lower Court records immediately. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 335...

Category: Criminal Law | Date: | Hits: 43

Jamal Uddin alias Md. Jamal Uddin Vs. State, 2000, 29 CLC (HCD)

.... instantaneously. He thereafter lodged an ejahar at Joydebpur police station, which has been marked as Ext.1 and his signature in Exhibit 1 has been marked as Exhibit 1/1. He further stated that many persons were present at the scene and they saw the occurrence. 15. In his cross-examination he re......e immediate steps for securing his arrest to serve out the sentence imposed upon him. Send down the Lower Court records immediately. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 330.......rve out the sentence imposed upon him. Send down the Lower Court records immediately. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 330.......e immediate steps for securing his arrest to serve out the sentence imposed upon him. Send down the Lower Court records immediately. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 330...

Category: Criminal Law | Date: | Hits: 37

Shahabuddin Ahmed Vs. Abdur Rab Molla & others, 1999, 28 CLC (HCD)

....rict of Narayanganj. The aforesaid local musallis of the area being dissatisfied with the functions of the aforesaid joint mutawalli held a meeting on 11-7-1982 and formed a committee consisting of 7 persons with the petitioner Shahabuddin Ahmed as its Secretary for proper maintenance, better manage......1992, is set aside. In the result, the Rule is made absolute but without any order as to costs. Send down the records forthwith. Ed. This case is also Reported in: 52 DLR (HCD) (2000) 305. ...... forthwith. Ed. This case is also Reported in: 52 DLR (HCD) (2000) 305. ......1992, is set aside. In the result, the Rule is made absolute but without any order as to costs. Send down the records forthwith. Ed. This case is also Reported in: 52 DLR (HCD) (2000) 305. ..

Category: Trust/Waqf Law | Date: | Hits: 189

Golam Mostafa (Md.) and 2 others Vs. Bangladesh Jute Mills Corporation and others, 1999, 28 CLC (HCD)

....oceeding is liable to be stopped against the petitioners under the provision of Clause 8 of the Rule 43 and the petitioners would be automatically exonerated of the charge framed against them and the persons concerned is as well liable to be proceeded against for their failure to complete the enquir......es are made absolute without any order as to costs. The respondents are accordingly directed to reinstate the petitioners in service. Ed. This case is also Reported in: 52 DLR (HCD) (2000) 299. ...... respondents are accordingly directed to reinstate the petitioners in service. Ed. This case is also Reported in: 52 DLR (HCD) (2000) 299. ......es are made absolute without any order as to costs. The respondents are accordingly directed to reinstate the petitioners in service. Ed. This case is also Reported in: 52 DLR (HCD) (2000) 299. ..

Category: Employment/Service Law | Date: | Hits: 87

Lakshmi Bazar Shahi Masjid Committee and another Vs. St Francis Xavier’s Girls High School, 1999, 28 CLC (HCD)

....ranted at the time of issuance of the Rule stands vacated. Let a copy of this judgment be sent to the concerned Court below immediately. Ed. This Case is also Reported in: 51 DLR (1999) 557. ......ranted at the time of issuance of the Rule stands vacated. Let a copy of this judgment be sent to the concerned Court below immediately. Ed. This Case is also Reported in: 51 DLR (1999) 557. ...... St Francis Xavier’s Girls High School……………Opposite Party Judgment August 12, 1999. Cases Referred To- Darshatullah vs. Manik Mondal and others, 1984 BLD (AD) 234 and Safaruddin and others vs. Fazlul Huq and others, 49 DLR (AD) 151. Lawyers Involved: Not Represented ...... his property in the name of “Allah”. There was Hujrakhana for Imam of the Mosque and Imam used to stay there. On the fall of Nawab Serajuddowla, the then employees of East India Company, for the education of their children, decided to establish schools and for that purpose forcibly possessed th..

Category: Property Law | Date: | Hits: 68

Abdur Rouf @ Rab Howlader Vs. State, 2003, 32 CLC (HCD)

....ammad. One day, Abdur Rouf and his accomplices kidnapped his daughter. 4/5 days after the information, he went to Khulna and recovered his daughter with the help of police. One month thereafter 10/12 persons again kidnapped his daughter and took her to Khulna. At the time, be was not in the house. 1...... In the result, this appeal is dismissed and the order of conviction and sentence is hereby affirmed. Send down the records at once. Ed. This Case is also Reported in: 55 DLR (2003) 202. ...... the order of conviction and sentence is hereby affirmed. Send down the records at once. Ed. This Case is also Reported in: 55 DLR (2003) 202. ...... In the result, this appeal is dismissed and the order of conviction and sentence is hereby affirmed. Send down the records at once. Ed. This Case is also Reported in: 55 DLR (2003) 202. ..

Category: Criminal Law | Date: | Hits: 44

Abdul Hoque (Md.) Vs. Md. Abdul Gani alias A Gani, 2000, 29 CLC (HCD)

....t his knowledge by removing him. So, he contended that the appointment of Mr. Abdul Huq was irregular. 3. The case of the petitioner is that after the death of the first Mutwalli in 1952, no other persons was substituted/appointed in his place and the Waqfs property was enjoyed by the Sons of Mun......ute. No costs. The records of the case, be sent down to the office of the Waqfs Administrator for taking necessary action forthwith. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 295.......awyers Involved: Ashfaqul Islam, Advocate—For the Petitioner. Not represented— the Opposite Party. Civil Revision No. 1007 of 1986. Judgment Md. Abdur Rashid J. - This Rule was obtained by the petitioner, Abdul Hoque against the Judgment and Order dated 8-11-86 passed by Additiona......ute. No costs. The records of the case, be sent down to the office of the Waqfs Administrator for taking necessary action forthwith. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 295...

Category: Trust/Waqf Law | Date: | Hits: 174

Sobha Rani Biswas Vs. State and others, 1999, 28 CLC (HCD)

....id Abdur Razzak after inquiry submitted FIR against all the 3 accused under sections 420/419/467/471/109 of the Penal Code. And after investigation charge sheet was submitted against the said accused persons under sections 419/467/109 of the Penal Code to which all pleaded not guilty and claimed to ......itted the accused of the charges levelled against them. In the result, the Rule is discharged. Let the LC Records be sent down once. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 293.......st them. In the result, the Rule is discharged. Let the LC Records be sent down once. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 293.......itted the accused of the charges levelled against them. In the result, the Rule is discharged. Let the LC Records be sent down once. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 293...

Category: Criminal Law | Date: | Hits: 51

Haripada Saha Vs. Md. Shamsuddin Quraishi and others, 1997, 26 CLC (HCD)

....tition Act, section 4 of the Partition Act has been interpreted by the superior Courts of this Sub-continent and the interpretation given by the Court shows that in order to constitute a ‘family’ persons ought to be related to each other through blood, and in the instant case the defendant petit......llegality in the impugned order. In the result, the Rule is discharged without any order as to costs. Send down the LC Records at once; Ed. This Case is also Reported in: 54 DLR (2002) 606.......Reported in: 54 DLR (2002) 606.......llegality in the impugned order. In the result, the Rule is discharged without any order as to costs. Send down the LC Records at once; Ed. This Case is also Reported in: 54 DLR (2002) 606...

Category: Administrative Law | Date: | Hits: 210

Rupali Bank Ltd. Vs. Chairman, Second Labour Court, Dhaka, 2001, 30 CLC (HCD)

....pointments and as soon as the loan account is adjusted the service of the appointees come to an end. Thereafter when fresh loan is allowed to any other loanee and the question of pledge is there, the persons like the petitioners worked earlier occasions were appointed afresh on preferential basis an...... be absorbed in permanent posts, on preferential basis, as and when such posts are available or created. There will be no order for costs. Ed. This Case is also Reported in: 54 DLR (2002) 602......., as and when such posts are available or created. There will be no order for costs. Ed. This Case is also Reported in: 54 DLR (2002) 602....... be absorbed in permanent posts, on preferential basis, as and when such posts are available or created. There will be no order for costs. Ed. This Case is also Reported in: 54 DLR (2002) 602...

Category: Labour and Industrial Law | Date: | Hits: 134

State Vs. Alal Mia and others, 2010, 39 CLC (AD)

.... recovered. The informant, Abu Bakker Siddque alias Rocket lodged FIR with Sarail Police Station on 25.09.2002 without mentioning the name of any accused in the column of the FIR but suspected 6(six) persons including the appellants in the body of the FIR. 3. The Sarail Police Station registered ......f the above, we find no substance in the submissions of the learned Counsel for the petitioners. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VII ADC (2010) 1013.......issions of the learned Counsel for the petitioners. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VII ADC (2010) 1013.......f the above, we find no substance in the submissions of the learned Counsel for the petitioners. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VII ADC (2010) 1013...

Category: Criminal Law | Date: | Hits: 46

Md. Ayub Ali and others Vs. Isa Mandal and others, 2010, 39 CLC (AD)

.... ceased to be co-sharers and as such, the High Court Division committed error of law in disallowing the pre-emption. 5. P.W.1 in his cross-examination said that he has nothing to show that those 3 persons had transferred their interest. The pre-emptee took objection specifi­cally in the written ......e above, we find no sub­stance in the submissions of the learned Advocate for the petitioners. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VII ADC (2010) 1006.......y, the petition is dismissed. Ed. This Case is also Reported in: VII ADC (2010) 1006.......e above, we find no sub­stance in the submissions of the learned Advocate for the petitioners. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VII ADC (2010) 1006...

Category: Property Law | Date: | Hits: 39

Md. Kamal and another Vs. State, 2010, 39 CLC (AD)

....r of the baby taxi, stopped the baby taxi and then the three other accused Hazrat Ali, Liton Sardar and Abdul Kader entered into the baby taxi and the baby taxi start­ed to proceed. The said accused persons forcibly snatched away the belongings including the revolver and mobile tele­phone of the v......and order dated 14.10.2009 passed by the Appellate Division in Criminal Petition Nos. 134-135 of 2008 is stayed till disposal of the appeal. Ed. This Case is also Reported in: VII ADC (2010) 988.......llate Division in Criminal Petition Nos. 134-135 of 2008 is stayed till disposal of the appeal. Ed. This Case is also Reported in: VII ADC (2010) 988.......and order dated 14.10.2009 passed by the Appellate Division in Criminal Petition Nos. 134-135 of 2008 is stayed till disposal of the appeal. Ed. This Case is also Reported in: VII ADC (2010) 988...

Category: Criminal Law | Date: | Hits: 54

State and Others Vs. Abdul Kader @ Mobail Kader and others, 2010, 39 CLC (AD)

....Police Station Case No.65 dated 18.10.2001 was set in motion. 3. After investigation the police submit­ted charge-sheet under sections 448/326/307/302/34/109 of the Penal Code against the accused persons. 4. After submission of the charge sheet the case record was transmitted to the Court of ......e Baban Khan of East Madiny Mondal, 41/1, Purana Paltan, P.S. Motijheel, Dhaka are directed to surren­der forthwith before the Court below. Ed. This Case is also Reported in: VII ADC (2010) 984.......ana Paltan, P.S. Motijheel, Dhaka are directed to surren­der forthwith before the Court below. Ed. This Case is also Reported in: VII ADC (2010) 984.......e Baban Khan of East Madiny Mondal, 41/1, Purana Paltan, P.S. Motijheel, Dhaka are directed to surren­der forthwith before the Court below. Ed. This Case is also Reported in: VII ADC (2010) 984...

Category: Criminal Law | Date: | Hits: 46

Hamidul Huque, Managing Director, United Commercial Bank Ltd. and another Vs. Akhtaruzzaman Chowdhury, 2005, 34 CLC (AD)

....ly the Managing Director and the Secretary of the Bank to publish a notice for fixing time and place for holding the AGM of the Bank upon getting the notice of the AGM approved by him, but these two persons holding the key posi­tion in the Bank had not co-operated with and assisted the Chairman ap......grets or remorse. The conduct of the contemner can only cause despair and dismay which are never expected of a highly placed company functionaries exposing themselves utterly partisan towards certain interested quarter in the Bank who are opposed to hold any AGM as ordered by the Court. In view o...... with the impugned order of the High Court Division. In the result, the appeal is dismissed. Ed. This Case is also Reported in: VII ADC (2010) 971....... above, we find no cogent reason to interfere with the impugned order of the High Court Division. In the result, the appeal is dismissed. Ed. This Case is also Reported in: VII ADC (2010) 971...

Category: Criminal Law | Date: | Hits: 60

Syed Amir Hossain Vs. State and another, 2010, 39 CLC (AD)

....the year 1992 and two of his brothers were also died later on and then he inherited the case land. Thereafter the complainant and some of his co-sharers sold the case land on 30th April, 2007 to some persons, to whom, accused petitioner disclosed that his father gifted the case land to him on 3rd Se......edings. There is, therefore, no warrant in law to interfere with the same. Accordingly, the petition is dismissed. End. This Case is also Reported in: VII ADC (2010) 969, VII ADC (2010) 1020.......w to interfere with the same. Accordingly, the petition is dismissed. End. This Case is also Reported in: VII ADC (2010) 969, VII ADC (2010) 1020.......edings. There is, therefore, no warrant in law to interfere with the same. Accordingly, the petition is dismissed. End. This Case is also Reported in: VII ADC (2010) 969, VII ADC (2010) 1020...

Category: Criminal Law | Date: | Hits: 54

Dr. Manzoor Rasheed Chowdhury Vs. Principal, DMC Dhaka and others, 2000, 29 CLC (HCD)

....ission test and by increasing one seat by the respondents. In the result, the Rule is made absolute without any order as to costs. Ed. This Case is also Reported in: 54 DLR (2002) 578. ......ission test and by increasing one seat by the respondents. In the result, the Rule is made absolute without any order as to costs. Ed. This Case is also Reported in: 54 DLR (2002) 578. ......nts. In the result, the Rule is made absolute without any order as to costs. Ed. This Case is also Reported in: 54 DLR (2002) 578. ...... 7. The petitioner replied to the affidavit-in-opposition and it has been reiterated as to what has been stated in the writ petition and also denied certain statements regarding deputation policy and education policy with reference to the circular dated 3-2-1998 (Annexure-E-1) issued by the Ministry..

Category: Others | Date: | Hits: 100

A.B.M. Nurul Islam Vs. Bangladesh Sericulture Board, Rajshahi, 2009, 38 CLC (HCD)

.... Board. The Petitioner raised objection about the impartiality and neutrality of the inquiry officer stating that he was not neutral Person and asked for appointment of a new committee with a neutral persons under Regulation 40(2) of Regulation, 1990. The respondents however did not pay heed to his ......er from his service is hereby declared to have been made without lawful and is of no legal effect. Mir Hashmat Ali J. - I agree. Ed. This Case is also Reported in: 29 BLD (HCD) (2009) 750. ......e without lawful and is of no legal effect. Mir Hashmat Ali J. - I agree. Ed. This Case is also Reported in: 29 BLD (HCD) (2009) 750. ......er from his service is hereby declared to have been made without lawful and is of no legal effect. Mir Hashmat Ali J. - I agree. Ed. This Case is also Reported in: 29 BLD (HCD) (2009) 750. ..

Category: Employment/Service Law | Date: | Hits: 104