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Abdur Razzaque Vs. State and another, 1982, 11 CLC (HCD)
....nd. Let the trial proceed against the other accused. Let the records be sent down at once. Mohammad Abdur Rouf J.- I agree. Ed. This Case is also Reported in: 35 DLR (HCD) (1983) 103. ......this Court being the trial Court and being in seizin of the case is entitled to issue processes against the said accused (petitioner) who all through avoided appearance in Court. If on perusal of the record, of the case and after hearing the submission of the accused and the prosecution it appears t......nd. Let the trial proceed against the other accused. Let the records be sent down at once. Mohammad Abdur Rouf J.- I agree. Ed. This Case is also Reported in: 35 DLR (HCD) (1983) 103. ..Category: Criminal Law | Date: | Hits: 110
M/s. Mamun Poultry Complex Vs. Government of Bangladesh & Others, 2006, 35 CLC (HCD)
....ation of the impugned memo dated 31-05-06 as evident in Annexure-D be stayed. With this observation the application is disposed of. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 56. ......f interest and also directed for easy installment of the principal amount. But the respondent bank instead of waiving interest adjusted the amount paid earlier with interest, which on the face of the record is vocative of the Government circular. 4. Considering the facts and circumstances no rule......ation of the impugned memo dated 31-05-06 as evident in Annexure-D be stayed. With this observation the application is disposed of. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 56. ..Category: Others | Date: | Hits: 125
Md. Zulfikar Mahmud Vs. National University and others, 2006, 35 CLC (HCD)
....of complaints made by those Principals, the authority decided to take disciplinary action and accordingly the petitioner was put to suspension and he was asked to show cause by the impugned orders in good faith as such this writ petition is pre-mature and not maintainable. The learned Advocate incid......mp; 2 to oppose the Rule. 8. Mr. Abdur Rab Choudhury, the learned Senior Advocate appearing on behalf of the petitioner took us through the impugned order and annexed documents/papers available on record and submits that impugned order of suspension (Annexure-'A') dated 10.06.2004 and the show ca......re 'B' should not be declared to have been made without lawful authority and be of no legal effect and why a declaration should not be made to the effect that the petitioner was and continue to be in service with all attended benefits of pay and others service benefits. 2. The short facts relevan..Category: Employment/Service Law | Date: | Hits: 165
Abdul Gani alias Ganya Vs. State, 2006, 35 CLC (HCD)
....ed from his bail bond as he has already served out sentence of imprisonment for 10 years. Send down the Lower Court records at once. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 47. ...... investigation of the case and after completion of the investigation submitted charge sheet against the convict appellant and others under Section 19A and 19(f) of the Arms Act. Consequently the case record was transmitted to the Court of Sessions Judge and Senior Special Tribunal, Lakshimpur who tr......ed from his bail bond as he has already served out sentence of imprisonment for 10 years. Send down the Lower Court records at once. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 47. ..Category: Criminal Law | Date: | Hits: 102
State Vs. Raisuddin and others, 1996, 25 CLC (HCD)
....ullah were running towards the south bhiti ‘dochala ghor’ and they are being chased by accused Raisuddin, Amanullah, Morshed and Momen @ Pachu. He heart gun shot firings and being frightened made good his escape along with those who were inside the house and raised hue and cry on the western ‘......loom. 3. Daroga after getting the information arrived at the scene of occurrence on the following day and informant Abdul Jabber made an oral information (First Information Report) with the OC who recorded the First Information Report as per dictation of the informant Abdul Jabbar. Police investi...... liberty forthwith if not wanted in connection with any other case. The jail appeal being Jail Appeal No.1025/992 is also allowed. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 517. ..Category: Criminal Law | Date: | Hits: 104
Bangladesh Vs. Hosne Ara Begum and others, 1994, 23 CLC (HCD)
.... below are hereby affirmed. There will be no order as to costs. Let the LC records be immediately sent down to the trial Court. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 511. ......amined two. Both the parties produced their respective papers and documents in Court. On the above pleadings the trial Court framed four issues. After hearing the parties and perusing the evidence on record the learned Subordinate Judge, 2nd Court, Dhaka, decreed the Title Suit No.471 of 1990 in fav...... below are hereby affirmed. There will be no order as to costs. Let the LC records be immediately sent down to the trial Court. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 511. ..Category: Property Law | Date: | Hits: 157
Akhtar Rahman Vs. State & others, 1982, 11 CLC (HCD)
....ce to section 529 of the Code of Criminal Procedure that although the Magistrate was not empowered in the instant case to take cognizance of the alleged offence yet as he had done so erroneously in good faith, the proceeding shall not be set aside merely on the ground of his not being so empowered......ates to the accused petitioner, are hereby quashed. The Rule is accordingly made absolute. Anwarul Hoque Chowdhury J.- I agree. Ed. This Case is also Reported in: 35 DLR (HCD) (1983) 100. ......ates to the accused petitioner, are hereby quashed. The Rule is accordingly made absolute. Anwarul Hoque Chowdhury J.- I agree. Ed. This Case is also Reported in: 35 DLR (HCD) (1983) 100. ..Category: Criminal Law | Date: | Hits: 107
.... illegality in the impugned Judgment to interfere in the same.
In the result, the Rule is discharged without any order as to cost.
Ed.
This case is also Reported in: 49 DLR (HCD) (1997) 314.
......3 should not be declared to have been passed without any lawful authority and of no legal effect.
2. Learned Advocate for the petitioners after placing the impugned Judgment and other materials on record submitted that by the impugned Judgment IRO Case No, 43 of 1989 and Complaint Case No.19 of 1......ing the IRO Case.
4. It appears that respondent No.2 filed IRO Case No.43 of 1987 praying for back wages for one year one month and 4 days between the period of termination and re‑instatement in service. During pendency of the said case while respondent No.3 was on leave with effect from 27‑2..
Category: Labour and Industrial Law | Date: | Hits: 156
Dilruba Aktar Vs. AHM Mohsin, 2003, 32 CLC (HCD)
.... on 18‑5‑1992 on preparation of paper books. The appeal was set down for hearing on 17‑8‑1992. To utter misfortune of complainant-appellant the appeal was not heard and disposed of, though, a good number of dates been fixed for hearing, lastly on 19‑1‑2002. Ultimately, on the prayer of l......h the decision of trial Court on facts unless it has acted perversely or otherwise improperly or the verdict suffered from legal infirmity and went against weight of evidence and materials brought on record. 6. The superior Courts of Sub‑continent in a series of decisions took view that upon an...... an attempt being made to prevent disruption of matrimonial status. It has been further laid down that unless provision of section 7(1) of the Muslim Family Laws Ordinance are complied with regarding service of notice to Chairman of Union Council a talaq would fail to operate and, therefore, the tal..Category: Family Law | Date: | Hits: 165
State Vs. Md. Mobarak Ahmed Chowdhury, 2007, 36 CLC (AD)
....tance in the submissions of the learned Deputy Attorney General for the petitioners. Accordingly, the leave petition is dismissed. Ed. This Case is also Reported in: 20 BLT (AD) (2012) 275. ......ch an FIR the case was investigated upon by the police who after investigation submitted charge sheet against the condemned prisoner under Section 324/307/302 of the Penal Code. Consequently the case record was transmitted to the Court of Sessions Judge, Hobiganj where cognizance of the case was tak......tance in the submissions of the learned Deputy Attorney General for the petitioners. Accordingly, the leave petition is dismissed. Ed. This Case is also Reported in: 20 BLT (AD) (2012) 275. ..Category: Criminal Law | Date: | Hits: 79
Alhaj Abdul Awal Ratan and another Vs. Abdul Mannan Mia and others, 2008, 37 CLC (AD)
....he above, we find no substance in the submission of the learned Counsel for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 20 BLT (AD) (2012) 272. ......ed leaving behind 3 sons Misir Ali, Mohammad Ali and Abdul Mannan, pre-emptor petitioner and one daughter Anwara, opposite party No.23 and a widow Tafiran Nessa, opposite party No.24 in S.A. and R.S. record of right were prepared in the name of Tamizuddin, Naimuddin, Zamir Ali, Akbor Ali, Zinnat Ali......he above, we find no substance in the submission of the learned Counsel for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 20 BLT (AD) (2012) 272. ..Category: Property Law | Date: | Hits: 88
M. M. Mahboob and others Vs. Sk. Abdur Rashid and others, 2004, 33 CLC (AD)
....ected themselves in making the Rule absolute. In the result, we find substance in the appeal and accordingly, the appeals are allowed. Ed. This Case is also Reported in: 20 BLT (AD) (2012) 266. ......htly declared the said impugned memo as violative of due process and the Rule of law. 12. We have heard the learned Counsels of both the sides and considered their submissions. It appears from the record that the appellants were appointed by the government prior to the writ-petitioners. From the ......rit petition was contested by the appellants as well as by the Government. Their main contention is that the writ-petition was not maintainable as it related to enforcement of terms and conditions of service and right to promotion and their remedies lie before the Administrative Tribunal which has t..Category: Employment/Service Law | Date: | Hits: 149
....t any illegality or infirmity in the decision of the High Court Division so as to call for interference.
The petition is dismissed.
Ed.
This Case is also Reported in: 20 BLT (AD) (2012) 263.
...... recommended for inflicting major penalty on the respondent which caused prejudice to the respondent.
7. We are of the view that the High Court Division on proper consideration of the materials on record arrived at a correct decision. The learned counsel could not point at any illegality or infir...... of the High Court Division passed in Writ Petition No.3519 of 1997 making absolute the Rule obtained challenging the order dated 5.6.1996 of the petitioner No. 1/Board dismissing the respondent from service.
2. The respondent filed the above writ petition stating that he, in the year 1966, joine..
Category: Labour and Industrial Law | Date: | Hits: 832
M. Tofazzal Ahmed Vs. Jashim Uddm Hayder Faruque, 2007, 36 CLC (AD)
....learned Advocate for the petitioner deserve no consideration. Accordingly, the petition is dismissed without any order as to costs. Ed. This Case is also Reported in: 20 BLT (AD) (2012) 261. ......ring for the respondent submitted that there was an appeal before the Court of appeal below and under Order 7 Rule 11 of the Code of Civil Procedure the appeal was rejected. 6. It appears from the record that the impugned order has been passed in an appeal, preferred from an order of the Waqf Adm......learned Advocate for the petitioner deserve no consideration. Accordingly, the petition is dismissed without any order as to costs. Ed. This Case is also Reported in: 20 BLT (AD) (2012) 261. ..Category: Trust/Waqf Law | Date: | Hits: 117
Kabiruddin Ahmed Vs. Akmal Hossain and others, 1995, 24 CLC (HCD)
....urt in which he sues, and if an Act of Parliament alter that mode of procedure, he can only proceed according to the altered mode. Alterations in the form of procedure are always unless there is some good reason of they should not be. Thus the provision of section 128 of the Common Law Procedure ......pposite party No.1, as prayed for in the election petition. 8. Both appeals were heard analogously by the learned Additional District Judge, Kushtia who, after hearing the parties and perusing the records, held that the election petition was not filed within time and dismissed the Election Tribun...... no order as to costs. Let a copy of this Judgment and order be sent to the Chief Election Commissioner for his taking necessary steps. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 245...Category: Election Law | Date: | Hits: 301
Nizamuddin Dhali (Md.) Vs. State, 1993, 22 CLC (HCD)
....he light of the observations made in the body of this Judgment. The accused appellant may be allowed to remain on bail pending trial. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 507. ......ppellant was not properly examined under section 342 CrPC resulting in his being prejudiced which has vitiated the Dial. His last contention it that the conviction is not warranted by the evidence on record so far as the allegation of misappropriation is concerned. 5. Point for determination in t......he light of the observations made in the body of this Judgment. The accused appellant may be allowed to remain on bail pending trial. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 507. ..Category: Criminal Law | Date: | Hits: 95
Janata Bank Vs. Saiful Islam, 2006, 35 CLC (HCD)
....defendant-respondent within three months with a direction to amend the plaint as prayed for. Office is directed to do the needful. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 18. ......cuments which are marked exhibits 1 to 7. On the other hand, the defendant submitted some documents which are exhibited "ka" series. 5. On consideration of the facts, circumstances and evidence on record, the learned Joint District Judge, Bogra passed the Judgment and decree dated 12.06.2002 in p......defendant-respondent within three months with a direction to amend the plaint as prayed for. Office is directed to do the needful. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 18. ..Category: Civil Law | Date: | Hits: 117
Bangladesh Bank Vs. Md. Kasedul Haque Majumder, 2003, 32 CLC (HCD)
....enhancing the cost for the work. The petitioner improperly enhanced the bank guarantee without giving the opposite party any opportunity to show cause, which act damaged the opposite party's business goodwill computed in terms of money at Tk. 2500000.00 at least. The opposite party sustained loss on......titioner for which an arbitrator was required to be appointed. The opposite party, hence, instituted the said arbitration miscellaneous case seeking appointment of an arbitrator. 4. The petitioner recorded its appearance in the said Miscellaneous case as the opposite party and made endeavor to re......rbitrators, as the case maybe with a written notice to concur in the appointment or appointments or in supplying the vacancy. (2) If the appointment is not made within fifteen clear days after the service of the said notice, the Court may, on the application of the party who gave the notice and a..Category: Alternative Dispute Resolution | Date: | Hits: 218
Md. Aminul Haque Helal Vs. Mr. Justice Sultan Hossain Khan and others, 2006, 35 CLC (HCD)
....nes, public office meaning an office in the service of the republic with the intention to prohibit appointment in any "Public office" by the Political Government. 28. This contention does not hold good in that chapter starting from Article 133 to 141 is not applicable in the case of the office of......ove the petitioners case. In view of our discussions and findings made above, this rule is discharged without any order as to costs. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 1. ......of the Constitution for another appointment in the Service of Republic. The further case of the petitioner is that the Chairman of the Commission is a public officer, holding post of emolument in the service of the Sovereign Republic and the President under authority of Sub-Article (6) of Article 55..Category: Constitutional Law | Date: | Hits: 228
Md. Abdul Khaleque Vs. Uttara Bank Limited and others, 2011, 40 CLC (AD)
....nd no considerable substance in submissions of the learned Advocate for the petitioner. Accordingly, the leave petition is dismissed. Ed. This Case is also Reported in: 20 BLT (AD) (2012) 256.......nd no considerable substance in submissions of the learned Advocate for the petitioner. Accordingly, the leave petition is dismissed. Ed. This Case is also Reported in: 20 BLT (AD) (2012) 256.......il Revision No.5118 of 2006. 2. The short facts necessary for disposal of the Petition for Leave to Appeal are that the petitioner was an employee of Uttara Bank Limited. He was dismissed from his service on 20.02.1990. Challenging the said order of dismissal from the service he filed a declarato..Category: Civil Law | Date: | Hits: 118
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