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Aysha Begum and others Vs. Mozibur Rahman, 2010, 39 CLC (HCD)
....is allowed. The impugned order passed by the learned Joint District Judge is set aside. There shall, however be, no order as to cost. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 160. ......and Nurul Hossain Vs. Hasan Banu reported in 35 DLR 28. He submits that in Moslem Khan's case our Appellate Division approved appointment of receiver in a suit for partition though the petrol pump in question was long in possession of the defendants. He further submits that Nurul Hossain's case is a......d deed of partition and the High Court Division expressed its disapproval to appointment of receiver in such cases even if the deed was challenged as fraudulent etc. which is distinguishable with the facts of the instant case. 15. The case referred to by Mr. Nawroz MR. Chowdhury reported in 35 DL..Category: Civil Law | Date: | Hits: 126
Shaukat Ali and another Vs. Chairman, Labour Court, Khulna and others, 1992, 21 CLC (HCD)
....f Labour (Standing Orders) Act, 1965. With the aforesaid observation the rules are discharged. There will be no order as to costs. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 410. ......uiry they should have raised it at the initial stage before the enquiry committee concluded its proceeding. Therefore the contention that the enquiry was not fair is not tenable. 9. Turning to the question of not considering the past service record we quote below the relevant section from the Emp......oerced to sign on 17/18 blank sheets and therefore the enquiry was perfunctory. He was also not given any opportunity of defence and was denied natural justice. The Labour Court after considering the facts and circumstances of the case and evidence on record rejected the petitioner's application and..Category: Labour and Industrial Law | Date: | Hits: 182
Junnur Rahman (Md.) Vs. Bangladesh Shilpa Rin Sangstha (BSRS) and others, 1997, 26 CLC (HCD)
....t that could also be considered by the Administrative Tribunal. In the result, the Rule is discharged without any order as to cost. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 39. ......s interviewed the candidates including the petitioner and allowed them marks on the basis of their performances in the interview. There was no scope to give marks to any one arbitrarily. Wide ranging questions were asked in the interview to determine suitability of the candidates for promotion. The ......al right. 4. Petitioner flied an affidavit-in-reply to the affidavits-in-opposition filed by the respondents reiterating what have been stated in the writ petition and also stating some additional facts. In paragraph 7 of the affidavit-in-reply it has been stated: “marking system introduced wit..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. ......ployment. The learned Assistant Attorney-General has heavily relied in the case of K Sadanandan Vs. State of Kerala reported in AIR 1963 Kerala 59 (V 50 c 18) in support of his submission. 18. The question that now arises is, whether the recommendation of the Public Service Commission and provisi......he respondents to show cause why a direction should not be given upon them to appoint the petitioner to the police cadre in the service of the Republic with effect from 15th November, 1995. 2. The facts as stated in the petition, in short, are that, the petitioner who has a good academic record a..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. ...... for special consideration for children who come face to face with the law. They are dealt with differently due to their immaturity and vulnerability. By the same token, children who are produced for questionÂing by the Police or for recording their stateÂment by a Magistrate under section 164 of ......orted in (1963) PLD (Karachi) (DB) 1, Ghulam Vs. The Crown 1950 PLD (Lahore) 90, Baktiar Hossain Vs. The State reported in 47 DLR (BCD) 542 but those decisions do not apply in the present case as the facts and circumstances of those cases are disÂtinguishable from that of the present case. 33. O..Category: Criminal Law | Date: | Hits: 98
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. ......ence of an Assistant Sessions Judge deemed to be appointed as Additional Sessions Judge shall lie in case of sentence not exceeding five years to the High Court Division or the Court of Sessions. The question before me is a bit different and the question is whether the Assistant Sessions Judge deeme......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. ..Category: Procedural Law | Date: | Hits: 116
....n future to the respondent-Trust, it will dispose of the same in accordance with law within shortest possible time.
Mohammad Bazlur Rahman J.- I agree.
Ed.
This Case is also Reported in:
......aid petitioners have been receiving the same. Petitioners 4, 13 and 29 are not enlisted as disable freedom fighters, nor did they file any application for such enlistment to the Trust. Therefore, the question of stopping their state honorarium does not arise.
8. Mr. Goutam Kumar Roy, learned Dep......n future to the respondent-Trust, it will dispose of the same in accordance with law within shortest possible time.
Mohammad Bazlur Rahman J.- I agree.
Ed.
This Case is also Reported in:
..
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. ...... Appeal No.319 of 2008 respectively made her submission adopting the submissions of Mr. Md. Jamiruddin Sircar and Mr.Md. Monsurul Haque Chowdhury, the learned Advocates made as above. 14. The real question that calls for determination is, whether the impugned judgment and order of conÂviction an......in law. The learned Advocate further submits that inspite of the fact if the Hon'ble Court is pleased to uphold the impugned judgÂment and order of conviction and senÂtence, in consideration of the facts and circumstances as above, his sentence may be commuted to imprisonment for life from death. ..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. ......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. ......reason for acquitting them from the charges. He further submitted that the learned Additional Sessions Judge without considering the material evidence on record on irrelevant consideration of certain facts acquitted the accused on manifestly wrong and perverse grounds. 3. Learned Advocate for the..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. ......ection 96 of the State Acquisition and Tenancy Act, 1950 alleging, inter alia, that he is a co‑sharer by inheritance in the case jote. Opposite Party No.2, who was also 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 d...... pre‑emption case on the finding that the learned trial Court was manifestly wrong in disallowing pre-Âemption on the ground of limitation. The learned Court of appeal below also found that in the facts and circumstances of the case and the evidence on record the pre‑emptor is entitled to preâ€..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. ......ite Parties. Civil Revision No.2744 of 2007. Judgment Siddiqur Rahman Miah J.- This Rule under section 115 of the Code of Civil Procedure at the instance of plaintiffs-petitionÂers calls in question the Judgment and decree dated 22-1-2007 passed by the learned Additional District Judge, 2n......akhali in Title Appeal No.126 of 2000 affirming the Judgment and decree dated 14-5-2000 passed by the learned Assistant Judge, Companygonj in Title Suit No.66 of 1996 decree the suit. 2. The short facts which have given rise to the Rule are as follows: the petitioners as plaintiffs filed Title Su..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. ......strator of Wakfs and the learned District Judge appeared to be unduly concerned about the factum of the petitioner's appointment as a Mutwalli which, in our opinion, was no issue at all so far as the question of her removal was conÂcerned. This appears to have unduly and unnecessarily influenced bo......ce the High Court is seized of the case in the exercise of such jurisÂdiction it can in accordance with section 115, C.P.C., "make such order in the case as it thinks fit." Having regard to these facts and circumstÂances and our discussion above, we find that there is no substance in the conten..Category: Trust/Waqf Law | Date: | Hits: 134
.... the charge as leveled against him.
The accused is to be discharged from his bail bond immediately. Communicate this order at once.
Ed.
This Case is also Reported in:48 DLR (HCD) (1996) 417.
......gnizance of the offence illegally. He is entitled under law to accept remuneration for private visits and, as such, no case could have been made out against him under Martial Law Regulations. It is a question of jurisdiction and the entire proceeding being a nullity, the Judgment and order passed by......default to suffer rigorous imprisonment for a further period of six months under Martial Law Regulation No.11.
2. The case has a chequered history of its own and it will be seen from the following facts. It is the case of the accused that while he was posted as a Veterinary Assistant Surgeon at G..
Category: Criminal Law | Date: | Hits: 84
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. ......dant only, it may be set aside as against all or any of the other defendants also." 6. In deciding a case under Order 9 rule 13 of the Code of Civil Procedure the Court is required to consider two questions: (1) whether summons was duly served upon the defendants or (2) whether the defendants wer...... passed by the learned Subordinate Judge, 2nd Court, Dhaka in Miscellaneous Case No.97 of 1991 dismissing the appellant's application under Order 9 Rule 13 of the Code of Civil Procedure. 2. Short facts relevant for the purpose of the appeal are that respondents filed a suit for partition before ..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. ......S A Harroon and others Vs. Collector of Customs,reported in 11 DLR (SC) 200 wherein it is held that remedy through a writ petition will be available without exhausting all alternative remedies if the question of jurisdiction is raised. He has then referred to the case of MA Hai Vs. Trading Corporati......nt 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 that, the petitioner's company, which under the name ..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. ......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. ......nt Judge) Bagha, Rajshahi in Other Class Suit No.52 of 1985 should not be set aside or such other or further order or orders passed as to this Court may seem fit and proper. 2. Briefly stated, the facts for disposal of the this Rule are, that the plaintiff (petitioner) filed OC Suit No.323 of 197..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. ...... guardian for the minor sons above age of seven years and, in a case where the father, during the lifetime of the children's mother, is in the habit of taking wife, this situation may change when the question of option of the minor sons comes into play and the paramount consideration is welfare of t......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. ..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. ......n the instant case the VAT was levied for assisting in installation of advertisements made by other establishment named Signage (an ad. firm). 33. Therefore, in the instant writ petition there are questions remained to be answered to the folÂlowing part of the above definition which reads as: ...... 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 to this Court may seem fit and proper. 3. The relevant facts for disposal of this Rule are as follows: The petitioner is a partnership firm engaged in 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. ...... 2 of the prosecution witnesses, respectively. 19. While it is true that, a police personnel is not incompetent to depose as witness as to the facts relevant to prove the prosecution case. But the question of credibility or veracity of testimony of witÂness, whether a police personnel or not, is......ved the case of recovery arms and ammunition from the possession of the convicts and that, there is no legal bar to sustain the conviction based on the evidence of the police personnel. 10. In the facts and circumstance of the case, the point for determination, before us, is as to that whether th..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. ......plicant supports and adopts the case of the petitioners and, as such, it is not necessary for adding the applicant as co-petitioner to the Writ Petition in order to adjudicate upon and settle all the questions involved therein. However, the applicant has been allowed to place its case before this Co......evel of construction and demolition of any building and/or why such other or further order or orders, as to this Court may seem fit and proper, should not be passed. 2. Shortly stated the relevant facts necessary for disposal of the Rule Nisi are as follows:- Petitioner No.1 Bangladesh Legal A..Category: Labour and Industrial Law | Date: | Hits: 163
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