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Delwar Hossain (Md.) Vs. State, 2009, 38 CLC (HCD)
....istry of Homes Affairs and Inspector General of Police for future guideline with regard to the investigation. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 32; 30 BLD (HCD) (2010) 490. ......e of witness Abdur Rafiq and Md. Rasel seized the weapon and made a seizure list. 3. On the basis of the said First Information Report Lalbagh Police Station Case No.14(5) 2001 dated 12-5-2001 was recorded under section 19A and 19(f) of the Arms Act, 1878 corresponding to GR No.1167 of 2001 (Sout......istry of Homes Affairs and Inspector General of Police for future guideline with regard to the investigation. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 32; 30 BLD (HCD) (2010) 490. ..Category: Criminal Law | Date: | Hits: 128
Sheikh Hasina Vs. State & another, 2010, 39 CLC (HCD)
....he recommendation, given by the competent authorities who were best placed to decide the matter from technical and requirement point of view and, as such, her acceptance of the recommendations was in good faith and bona fide exercise of power in the public interest and in the interest of the country......with some responsible officer of the Armed Forces and Navy who negotiated the purchase from the Company in question by depriving the lowest tender bid i.e. Company from China and those are beyond the record. We are not concerned with those facts but on reading of the FIR and charge sheet we do not f......of Tejgaon PS Case No.34(8) 2002, now pending in the Court of Divisional Special Judge, Dhaka is quashed in respect of the petitioner. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 26. ..Category: Criminal Law | Date: | Hits: 106
Rajshahi Girls' High School, Rajshahi and others Vs. Md. Abdul Mannan, 1995, 24 CLC (HCD)
....he contract or service rules cannot be treated as penalty and does not amount to dismissal or removal. In one case the order of discharge made adverse comments against the probationer that it was not good retaining him in service and it was held by the Indian Supreme Court that it was a discharge si......ided the case in favour of the plaintiff opposite party No.1 yet dismissed the same on the ground that the plaintiff opposite party No.1 did not pray for any consequential relief. On a perusal of the records it is found that initially the plaintiff did not make any prayer for consequential relief bu...... petitioners and others praying for declaration that the resolution dated 24‑6‑86 adopted by the defendants and communicated vide Memo No.4 of 1986 dated 26‑6-86 removing the plaintiff from the service of Assistant Headmaster of Rajshahi Girls High School, Rajshahi is illegal, collusive and ag..Category: Employment/Service Law | Date: | Hits: 166
Dainik Janakantha Vs. Dhaka Sangbadpatra Hawkers Bahumukhi Samabaya Samity, 1997, 26 CLC (HCD)
....e impugned order dated 6‑6‑96 passed by the learned Subordinate Judge, 2nd Court, Dhaka in Title Suit No.118 of 1996 is set aside Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 470. ......115, CPC conferring on the High Court Division the jurisdiction to reverse an order passed by the subordinate Courts. The said sentence runs as follows: “The High Court Division may call for the record of any case which has been decided by any Court subordinate to the High Court Division and in......e impugned order dated 6‑6‑96 passed by the learned Subordinate Judge, 2nd Court, Dhaka in Title Suit No.118 of 1996 is set aside Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 470. ..Category: Civil Law | Date: | Hits: 169
Md. Nurul Islam Vs. Nur Ayesha Begum, 2007, 36 CLC (HCD)
....ess from her father and thereafter he demanded loan of Taka 10,000 but her father could not pay the same for which defendant started physical torture and claimed that character of plaintiff is not so good, the plaintiff further claimed that the defendant has illicit connection with another woman and......d. 4. During the trial plaintiff produced two witnesses on the contrary defendant examined three D.Ws. to prove their respective cases. 5. The trial Court after consideration of the evidence on record decreed the suit in part and declared that the plaintiff is entitled to get only the prompt d......n of the evidence on record decreed the suit in part and declared that the plaintiff is entitled to get only the prompt dower because the divorce was not legally effected due to the non compliance of service of notice to the Chairman under section 7(1) of the Muslim Family Laws Ordinance, 1961. 6..Category: Family Law | Date: | Hits: 202
Eliadah McCord Vs. State, 1995, 24 CLC (HCD)
....o Zia International Airport for boarding the Flight No.BA‑144 of the British Airways while she was passing through the checking post metallic doors, there was a sound of carrying some objectionable goods. The security persons stopped her and searched her body in the bathroom with the help of a lad......rding to her admission she could not be treated as a child and the provisions of Children Act are not applicable in her case. As she herself admitted that her date of birth is 27‑3‑1973 which was recorded in her passport also, we are of the view that this suo motu Rule has become infructuous and......icated to the Ambassador of the United States of America in Bangladesh having his office at Baridhara, Gulshan, Dhaka, for information. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 495...Category: Criminal Law | Date: | Hits: 162
Habibur Rahman Bhuiyan (Md.) and others Vs. Galman Begum and others, 2011, 40 CLC (AD)
.... out the shops to the tenants. Moniruddin is the elder brother-in-law (husband's elder brother) of the pre-emptor and Amjad, son of Moniruddin along with his partner Khokan used to deal with electric goods and power loom parts in a shop in the case land by taking the same or rental basis. The pre-em......sturbing the findings of fact arrived at by the Court of appeal below holdÂing that the case is barred by limitation and bad for defect of parties, which are based on appreciation of the evidence on record. 7. Mr. Mahbubey Alam, learned counsel appearing for the pre-emptees appellants has taken ......'s more, the claim of pre-emption is a predatory right and that is why, the legislature has imposed conditions for claiming pre-emption, such as, the petition should be made within four months of the service of notice under section 89 or if no notice has been served, within four months of the date o..Category: Property Law | Date: | Hits: 138
Assistant General Manager, Rupali Bank, Barisal & others Vs. Nazrul Islam Miah, 1986, 15 CLC (HCD)
....erfere with the impugned Judgment and decree of the Courts below. Accordingly, the rule is discharged without any order as to costs. Ed. This Case is also Reported in: 39 DLR (HCD) (1987) 167. ......about the employees whose services were terminated by the Bank, Admittedly, Ext. 2 does not show that this notification was issued at the orders of the Board of Directors. There is no bar evidence on record to show that termination of the service of the plaintiffs was done by the competent authority......of the learned Munsif, 1st Court, Barisal passed in Title Suit No.64o of 1984. 2. The plaintiff opposite party Nos.1-11 instituted the suit for a declaration that the order of termination of their services passed on 17.09.1981 by the petitioner is illegal, void, withÂout jurisdiction, mala fide ..Category: Labour and Industrial Law | Date: | Hits: 186
State Vs. Tajul Islam and 8 others, 1992, 21 CLC (HCD)
.... a copy of this Judgment be forwarded to the learned Additional Sessions Judge Brahmanbaria, for action in accordance with law. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 305. ......ere missing since the night following 5‑9‑89 and on search they could not be traced out. On the basis of that information, Brahmanbaria Police Station GD Enter No.266 dated 7‑9‑89 (Ext 8) was recorded. In view of the said OD Entry P.W.27 SI Shudhendu Bhattacharji visited the house of Biraja ...... a copy of this Judgment be forwarded to the learned Additional Sessions Judge Brahmanbaria, for action in accordance with law. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 305. ..Category: Criminal Law | Date: | Hits: 139
Azizul Huq (Md.) Vs. Chairman, Labour Court, Khulna and Others, 1996, 25 CLC (HCD)
....and of no legal effect and respondent No.2 is directed to reinstate the petitioner in his service with 50% back wages within 60 days. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 527. ...... declared to have been passed without lawful authority and of no legal effect. 2. Learned Advocate appearing for the petitioner after placing the impugned Judgment and order and other materials on record submitted that Labour Court having found that dismissal of the petitioner was not tenable in ......‘sheet. But the inquiry committee after inquiry found the petitioner guilty under section 17(3)(b) of the Employment of Labour (Standing Orders) Act, 1965 and thereafter petitioner was dismissed from service on 25‑11‑78. Thereafter he sent a grievance petition on 12‑12‑78 and having got no r..Category: Labour and Industrial Law | Date: | Hits: 162
Abdus Sattar Vs. Chairman, Labour Court, Chittagong and another, 1996, 25 CLC (HCD)
....dent No.2 is directed to give termination benefit to the petitioner within 30 days from date. Send down the lower Court's records. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 525. ......Labour, Court, Chittagong in Complaint Case No.87 of 1986. 2. The teamed Advocate for the petitioner submitted that the respondent No.2 did not take into consideration 22 years unblemished service record of the petitioner in awarding penalty of dismissal from service to petitioner for the loss of......airman, Labour, Court, Chittagong in Complaint Case No.87 of 1986. 2. The teamed Advocate for the petitioner submitted that the respondent No.2 did not take into consideration 22 years unblemished service record of the petitioner in awarding penalty of dismissal from service to petitioner for the..Category: Labour and Industrial Law | Date: | Hits: 183
....s rule is discharged withÂout any order as to cost. The stay granted earlier is hereby vacated.
Sultan Hossain Khan J.- I agree.
Ed.
This Case is also Reported in: 39 DLR (HCD) (1987) 145.
......o.1 was directed not to accept nomination of any other trade organisation except the petitioner for appointments of Trustee in the Board of the Dhaka Improvement Trust.
3. On an examination of the records of the writ petition it appears that the petitioner, Dhaka Chamber of Commerce and Industry ......s rule is discharged withÂout any order as to cost. The stay granted earlier is hereby vacated.
Sultan Hossain Khan J.- I agree.
Ed.
This Case is also Reported in: 39 DLR (HCD) (1987) 145.
..
Category: Civil Law | Date: | Hits: 162
Maqbular Rahman Jute Mills Limited Vs. Chairman Labour Court and another, 1995, 24 CLC (HCD)
....e without lawful authority and is of no legal effect. In the facts and circumstances of the case, there will be no order as to costs. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 566. ...... offence committed by the respondent No.2 did not warrant an order of dismissal from service and, according to the learned Labour Court, the said order of dismissal was too severe a punishment. After recording the above opinion as to the quantum of punishment imposed upon the Respondent No.2 the lea......d in person. The Enquiry Committee ultimately found the Respondent No.2 guilty of misconduct and accordingly, submitted a report on the basis of the said report the respondent No.2 was dismissed from service on 10‑8‑86. The respondent No.2 received the order of dismissal on 9‑9‑86. He therea..Category: Labour and Industrial Law | Date: | Hits: 162
Humayun Kabir (Md.) Vs. Md. Mozaffar Hossain and others, 1994, 23 CLC (HCD)
....ion Tribunal Case No.1 of 1993 is hereby restored and affirmed. The order of stay granted earlier by this Court is hereby vacated. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 560. ......ies, opened the gunny bags containing the ballot papers of those two centres and re‑counted again. The Election Tribunal thereafter finishing the re‑counting and considering again the evidence on record dismissed the case. 7. Being aggrieved by this Judgment and order the applicant again pref......ion Tribunal Case No.1 of 1993 is hereby restored and affirmed. The order of stay granted earlier by this Court is hereby vacated. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 560. ..Category: Election Law | Date: | Hits: 273
Abdul Aziz & others Vs. Mejahid Ali and others, 1991, 20 CLC (HCD)
....t Sylhet on 25.4.66 in Title Appeal No.158 of 1954 are upheld and the Second Appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 511. ......rt below allowed the appeal, set aside the judgment and decree of the trial court and sent the case on remand for retrial to enable the plaintiff to bring the representative of the plaintiff No.14 on record. The court also directed that a fresh judgment and decision should be given in the suit. Acco......t Sylhet on 25.4.66 in Title Appeal No.158 of 1954 are upheld and the Second Appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 511. ..Category: Civil Law | Date: | Hits: 147
Rezaul Karim Vs. Jahanara Begum, 1991, 20 CLC (HCD)
....eipt of this order by the trial court. In the result, the Rule is disposed of as indicated above. I make no order as to cost. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 508......., as Annexure F to the petition. 8. The learned Assistant Judge, 1st Court, Dhaka heard the petition filed under section 151 CPC and disallowed it without considering the facts and materials on record, and that the subject matter of both the suits are same and the parties are same, and the dec......eipt of this order by the trial court. In the result, the Rule is disposed of as indicated above. I make no order as to cost. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 508...Category: Property Law | Date: | Hits: 112
Duree Shahwar Begum Vs. Ali Ahmed Patwari, 1995, 24 CLC (HCD)
....ntiff and that on the ill advice of some interested persons for the purpose of illegal gains this false suit has been started against the defence. Hence it was contended that the defendant made out a good defence in his application and also made up special circumstances and accordingly prayed for se......‘7‑94 and 30‑7‑94 passed in the said suit will follow the consequences of the result of the application under Order 37 rule 4 CPC after re‑hearing. Communicate this order and send down the records to the Court below at once. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 222......er 37 rule 4 of the Code of Civil Procedure by the learned District Judge vide order dated 15.3.1992 direction to issue summons upon the defendant asking him to appear within 10 days from the date of service thereof and to defend the suit according to law. The defendant‑opposite party received the..Category: Procedural Law | Date: | Hits: 125
Nasiruddin Kazi Vs. Aleya Khatun alias Fulu, 1996, 25 CLC (HCD)
....ek such permission. In the result, the Rule is discharged. Order of stay stands vacated. Communicate the order to the Court below. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 216. ......reafter the learned Magistrate took cognizance of 11.11.90 against the said accused persons on the basis of the said prosecution report. Thereafter by order dated 23.12.90 learned Magistrate sent the record of Non First Information Report Case No.80 of 1990 to the Court of Sessions Judge, Shariatpur......ek such permission. In the result, the Rule is discharged. Order of stay stands vacated. Communicate the order to the Court below. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 216. ..Category: Criminal Law | Date: | Hits: 112
Super Oil Refinery Ltd. Vs. Commissioner Customs and others, 2010, 39 CLC (HCD)
..... Ashfaqul Islam J.- At the instance of the petitioner Super Oil Refinery Limited, this Rule Nisi was issued calling upon the responÂdents to show cause as to why the withholding of the petitioner's goods covered under L/C No.147803010088 dated 14-5-2003 and Bill of Entry No.C-152259 dated 28-12-20......h law as early as possible preferably within 1(one) month from the date of receipt of this judgment and order. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 6; 30 BLD (HCD) (2010) 149. ......it-in-oppositions filed by the respondent Nos.4 and 5. At the very outset we would like to make it clear that we shall not digress into the minute details to consider various submissions pressed into service by the learned counsel for the petitioner and responÂdent No.4 for the purpose of disposing..Category: Fiscal/Taxation Law | Date: | Hits: 172
Begum Shirin Akhtar Vs. Bangladesh House Building Finance Corporation and others, 2010, 39 CLC (HCD)
....earned judge can disposed of the cases without taking any further step. Send down the lower record. Communicate this order at once. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 1. ......loan sanctioned by Bangladesh House Building Finance Corporation. Learned Advocate further submits that, no notice was served while the ex-parte decree was pronounced and it is not available from the record when the ex-parte decree was passed whether the case was ready for hearing or not, as such th......case. The case ultimately decreed ex-parte on 27-4-2002. 13. In passing an ex-parte decree Court must be satisfied that summons/notices were duly served on the loanee and to have a satisfaction on service of summons Court must consider the process servers report and also the deposition of the pro..Category: Civil Law | Date: | Hits: 198
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