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Dalia Parveen Vs. Bangladesh Biman Corporation and another, 1995, 24 CLC (HCD)

....n passed without any lawful authority and is of no legal effect. In the result the Rule is made absolute without any order as to costs. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 132.......ration, 1992 (SC) 392. Lawyers Involved: Asrarul Hossain with Mvi. Md. Wahidullah and Iftekher Ahmed, Advocate ‑ For the Petitioner. Khondker Amir Hossain with Hassan Arif, Deputy Attorney-General and Fakhrul Islam Advocates ‑ For the Respondent. Writ Petition No.89 of 1993. Judgm......n passed without any lawful authority and is of no legal effect. In the result the Rule is made absolute without any order as to costs. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 132.......CD) (1996) 132...

Category: Employment/Service Law | Date: | Hits: 361

Sheikh Roushan Ali Vs. Board of Intermediate and Secondary Education, Jessore and others, 1995, 24 CLC (HCD)

....ted the said decision under Memo No.139/80‑81 on 20.10.81 as at Annexure‑A to the writ petition. The petitioner then preferred an appeal against the order of dismissal of 23.3.82 addressed to the Inspector of Colleges, the respondent No.2, in this writ petition. This petition was heard by the Ap......petitioner until June, 1985. Them after, the petitioner submitted a representation to the Principal of the college by registered post on 20.7.85 with copies of the said representation to the Director General of Intermediate & Secondary Education, the Chairman of the Appeal and Arbitration Commit...... at Annexure‑D (2) to the writ petition. In the circumstance of the case, the parties are directed to bear their respective costs. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 121.......lso the letter under Memo No.51–6/100/86 dated 14.3.86 under the signature of the Principal of the Kapilmuni College addressed to Janab Khondker Mahbubuddin Ahmed, Senior Advocate, Supreme Court of Bangladesh as at Annexure‑F to the writ petition are hereby declared to be illegal, without lawful..

Category: Employment/Service Law | Date: | Hits: 226

Munir Hossain and others Vs. Dhaka Water Supply and Sewerage Authority & others, 1995, 24 CLC (HCD)

....r the signature of the Secretary of the Authority within the period of 4 (four) months from the date. There is no order as to costs. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 121.......r the signature of the Secretary of the Authority within the period of 4 (four) months from the date. There is no order as to costs. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 121.......r the signature of the Secretary of the Authority within the period of 4 (four) months from the date. There is no order as to costs. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 121....... of Local Government, Rural Development and Co‑operatives (Local Government) and also sent copy of the letter written to Ministry of Local Government to the Ministry of Establishment, Government of Bangladesh seeking clarification and decision as to general principles of seniority enunciated in th..

Category: Employment/Service Law | Date: | Hits: 191

Moudud Ahmed Vs. State, 1995, 24 CLC (HCD)

....cisions which I have referred in my Judgment. In the result, I discharge this Rule. The prayer for certificate to appeal is refused. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 108....... (PC); Abdul Quder Chowdhury and others Vs. State, 28 DLR (AD) 38. Lawyers Involved: Rafiq-ul-Hoque with Moudud Ahmed and Azizul Huq, Advocate ‑ For the Petitioner. Aminul Huq, Attorney‑General with AFM Shahid, Deputy Attorney General and Mir Hashmat Ali, Assistant Attorney-General ‑......cisions which I have referred in my Judgment. In the result, I discharge this Rule. The prayer for certificate to appeal is refused. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 108.......and others Vs. Union of India, 1977 (SC) 1361; SP Gupta Vs. Tarkunde, 1982 (SC) 149; Deypack Systems Pvt. Ltd. Vs. Union of India, 1988 (SC) 782; Pooran Mal Vs. Director of Inspection, 1974 (SC) 348; Bangladesh Jatiya Matsha Jibi Samabaya Samity Ltd. Vs. The Chairman Labour Court, 33 DLR (AD) 187; U..

Category: Criminal Law | Date: | Hits: 111

Nurul Huda Vs. Bahar Uddin & others, 1989, 18 CLC (HCD)

....of the Code in the then East Pakistan Act No. XXXVI of 1957, noted above, may take appropriate steps in the matter, if it so desires. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 395. ...... Society, (1987) AC 647; R.V. Dibdin, (1910) (Prob. Dn.) 57. Lawyers Involved: Md. Ruhul Amin-II - For the Petitioner. Md. Ruhul Amin - For the Opposite Party No.2. M. Nurullah, Attorney-General, with A.F.M. Shahid and S.F. Hasan Ariff, Deputy Attorneys-General & Faruque Ahmed, Assi......ence is more immediately concerned, are contained in Part II. Part III is entitled "Geripral Provisions". Part IV is con­cerned with "Prevention of Offences". Part V deals with “Information to the Police and their powers to investigate”. Part VI deals with "Proceedings in Pros­ecution." It is ......n 6 which is as follows:- "6. Besides the Supreme Court and the Courts constituted under any law other than this Code for the time being in force, there shall be five classes of Criminal Courts in Bangladesh, namely:- I.- Courts of Session; II.- Metropolitan Magistrates; III.- Magistra..

Category: Criminal Law | Date: | Hits: 158

Khalilur Rahman Vs. State, 1988, 17 CLC (HCD)

.... wanted in connection with any other case. The prosecution may prosecute the accused-petitioner under ordinary law, if so advised. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 385. ......bi Vs. Abdus Satter @ Monaya and ors., 36 DLR 200. Lawyers Involved: Enayet Peer Khan with Md. Mostafa, Md. Abdur Rahim Khan, Advocates - For the petitioner. M. Shamsul Alam, Deputy Attorney General with A.K.M. Zahirul Huq, Advocates - For the State. Criminal Revision No. 52 of 1987. ......f the Penal Code by the Special Tribu­nal and order dated 26.4.83 convicting and sentencing the petitioner under those sections. 2. One Abdul Kashem lodged an F.I.R. on 27.11.76 with the Nalchity Police Station against the present petitioner and others alleging that on 27.11.76 the petitioner an...... wanted in connection with any other case. The prosecution may prosecute the accused-petitioner under ordinary law, if so advised. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 385. ..

Category: Criminal Law | Date: | Hits: 120

Zulfiquar Ali Bhutto Vs. Bangladesh & others, 1989, 18 CLC (HCD)

....e said Upazila Parishad is void as a whole. In view of the facts and circumstances of the case there will be no order as to costs. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 379. ......e said Upazila Parishad is void as a whole. In view of the facts and circumstances of the case there will be no order as to costs. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 379. ......e said Upazila Parishad is void as a whole. In view of the facts and circumstances of the case there will be no order as to costs. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 379. ...... (Barisal Bench) (Civil Revisional Jurisdiction) Present: Mohammad Ismailuddin Sarker J DM Ansaruddin Ahmed J Zulfiquar Ali Bhutto.............................Petitioner Vs. Bangladesh & others.............................Opposite Parties Judgment January 16, 1989..

Category: Election Law | Date: | Hits: 252

Shawai @ Mohammad Hussain & others Vs. State, 1989, 18 CLC (HCD)

....Khurshed and Sujan their appeal is dismissed and or­der of conviction is modified as indicated above but the sentence is maintained. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 373. ......Khurshed and Sujan their appeal is dismissed and or­der of conviction is modified as indicated above but the sentence is maintained. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 373. ....... They brought Sona Miah to the paddy field near the house of Sharif where Sona Miah suc­cumbed to his injuries. Thereafter the informant lodged the first information report with the police station. Police after due investigation submitted charge sheet against the accused appellants and other accus......Khurshed and Sujan their appeal is dismissed and or­der of conviction is modified as indicated above but the sentence is maintained. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 373. ..

Category: Criminal Law | Date: | Hits: 128

Syed Ashfaque Hossain & others Vs. Bangladesh, 1989, 18 CLC (HCD)

....s of the petitioners to the extent of 5.80 acres as it originally stood. The Rule in Contempt Petition No.3 of 1987 is discharged. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 364. ......ners (In Writ Petition No.1634 of 1988) and for the Re­spondents (In Writ Petition No. 425 of 1985) and for the respon­dent (In Contempt Petition No.3 of 1987). Fakhrul Islam, Assistant Attorney General with Md. Delwar Hos­sain, Assistant Attorney General- For the Respondent No. 3 (In Writ Pet......s of the petitioners to the extent of 5.80 acres as it originally stood. The Rule in Contempt Petition No.3 of 1987 is discharged. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 364. ......ial Original Jurisdiction) Present: Mustafa Kamal J Mahmudul Amin Choudhury J Syed Ashfaque Hossain & others.................Petitioners (In Writ Petition No. 425 of 1985). Vs. Bangladesh, represented by Sec­retary, Ministry of Land Admin­istration and Land Reforms and other..

Category: Property Law | Date: | Hits: 129

Al-haj Mirza Shamsuddin Beg and others Vs. Bangladesh & another, 1989, 18 CLC (HCD)

....they should pay the costs in the Rules. In the result all the Rules Nisi are made abso­lute with costs against the respondent No.2. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 356.......e Rules Nisi are made abso­lute. Lawyers Involved: Syed Ishtiaq Ahmed with Mahmudul Islam for Abdus Sobhan, Advocate - For the Petitioners (In all the Writ Petitions). M. Nurullah, Attorney-General with A.F. Hasan Arif and M. Safiullah - For the Respondent No.2 (In all the Writ Petitions).......they should pay the costs in the Rules. In the result all the Rules Nisi are made abso­lute with costs against the respondent No.2. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 356.......a Bench) (Special Original Jurisdiction) Present: Mustafa Kamal J Mahmudul Amin Chowdhury J Al-haj Mirza Shamsuddin Beg.............................................Petitioner Vs. Bangladesh & another.............................................................Respondents (Wr..

Category: Property Law | Date: | Hits: 145

Abdul Khaleque and others Vs. State, 1988, 17 CLC (HCD)

....et the appellant Nos.1 and 2 be set at liberty if not wanted in any other case and the appellant No.3 be discharged from her bail bond. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 349.......et the appellant Nos.1 and 2 be set at liberty if not wanted in any other case and the appellant No.3 be discharged from her bail bond. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 349.......bed his sister to death. P.W.1 Chunu Miah went to the house of oc­currence on the same night after the occurrence and lodged ejahar about 22 hours after the alleged occurrence on 19.4.82, though the Police Station is only 7 miles off from the place of occurrence. It is signif­icant to note that in......et the appellant Nos.1 and 2 be set at liberty if not wanted in any other case and the appellant No.3 be discharged from her bail bond. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 349...

Category: Criminal Law | Date: | Hits: 101

State Vs. Khalilur Rahman, 1995, 24 CLC (HCD)

....nced him to suffer RI for the period already undergone. He may be released forthwith if not wanted in connection with any other case. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 184. ...... Singh Vs. State of Punjab, (S) AIR 1957 SC 637; AIR 1959 Pat 362; PLD 1954 PC 304; AIR 1946 PC 20. Lawyers Involved: AA Chowdhury Advocate - For the Appellants. AFM Shahid, Deputy Attorney-General with SA Hasan, Assistant Attorney-General ‑ For the State. Death Reference No.9 of 1992......ssions case No.46 of 1989 on 17.5.92. The other accused were found not guilty of the offence and thus acquitted. 3. P.W.3 Golam Mostafa Chowdhury lodged the First Information Report with the Salla Police Station on 8.5.89 alleging that on 7.5.89 at about 11‑00 AM the 12 accused named in First I......nced him to suffer RI for the period already undergone. He may be released forthwith if not wanted in connection with any other case. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 184. ..

Category: Criminal Law | Date: | Hits: 139

Judges of the High Court Division Vs. Ashok Kumar Karmaker, 1995, 24 CLC (HCD)

....udgment be sent to the Ministry of Law, Justice and Parliamentary Affairs of the Government of the People’s Republic of Bangladesh. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 179. ...... Lawyers Involved: Dr. Rafiqur Rahman with ML Bhowmik, Advocates ‑ For Contemner No.1. KZ Alam with Fida Kamal, Advocates ‑ For the Contemners 2 & 3. Serajul Huq, Assistant Attorney‑General ‑ For the State. Criminal Miscellaneous Contempt Case No. 814 of 1995. Judgment A......udgment be sent to the Ministry of Law, Justice and Parliamentary Affairs of the Government of the People’s Republic of Bangladesh. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 179. ......ility of the power and ability of the Judges of the High Court Division to issue Rule and the order passed in exercise of their power under Article 102 of the Constitution of the People's Republic of Bangladesh. 5. Before I embark upon the discussion of the Article I want to state, briefly, the o..

Category: Criminal Law | Date: | Hits: 149

Shahidullah Kazi, Amjad Hossain Vs. State, Abul Kasem, 1995, 24 CLC (HCD)

....Gazipur for proceeding with the case under sections 326/307 of the Penal Code against the accused petitioners in accordance with law. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 178. ...... The Rule is made absolute in part. Lawyers Involved: Not Represented ‑For the Petitioners. Osman Ghani, Advocate ‑ For the Opposite Party No.2. Abdus Salam Mamun, Assistant Attorney-General - For the State. Criminal Revision No.1106 of 1993. Judgment Kazi Ebadul Hoque J.- ......at over the dispute of catching fish in that tank accused persons injured several persons by causing simple and grievous hurts using dangerous weapons. 3. After investigation Officer‑In‑Charge Police station Joydebpur submitted charge‑sheet on 19.4.94 against 28 accused persons including th......Gazipur for proceeding with the case under sections 326/307 of the Penal Code against the accused petitioners in accordance with law. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 178. ..

Category: Criminal Law | Date: | Hits: 97

Hafiz Ahmed Vs. Ahmedur Rahman and others, 1995, 24 CLC (HCD)

....llowing the pre‑emption are set aside. The pre‑emption case is dismissed. No order as to costs. Send down the records at once. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 170. ......llowing the pre‑emption are set aside. The pre‑emption case is dismissed. No order as to costs. Send down the records at once. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 170. ......llowing the pre‑emption are set aside. The pre‑emption case is dismissed. No order as to costs. Send down the records at once. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 170. ......ul Amin Vs. Province of East Pakistan, 22 DLR 377; Md. Newjish Khan Vs. Md. Amin, 21 PLD 622; Md. Amin Khan Vs. Controller of State Duty, 13 DLR (SC) 105; Dr. Neelima Ibrahim Vs. People's Republic of Bangladesh, 32 DLR 201; Dr. Nurul Islam Vs. Bangladesh, 33 DLR (AD) 201; Kanchan Mala Vs. Renu Miah,..

Category: Property Law | Date: | Hits: 127

Momshad Reza and 15 others Vs. Chairman, Bangladesh Public Administration Training Centre and others, 1998, 27 CLC (HCD)

....olved in all the writ petitions, these are heard together and being disposed by same judgment which will govern all the writ petitions. Ed. This Case is also Reported in: 51 DLR (1999) (HCD) 376.......- 46 DLR (AD) 1; 43 DLR (AD) 154; 31 DLR (AD) 298. Lawyers Involved: SM Ebdadul Hoque, Advocate - For the Petitioners (In all above 16 Writ Petitions). KM Saifuddin Ahmed, Deputy Attorney-General - For the Respondent Nos. 2 and 3 (In all above 16 Writ Petitions). Writ Petition Nos. 97......olved in all the writ petitions, these are heard together and being disposed by same judgment which will govern all the writ petitions. Ed. This Case is also Reported in: 51 DLR (1999) (HCD) 376.......HCD) 376...

Category: Employment/Service Law | Date: | Hits: 160

Shahjahan (Md.) Vs. State, 1999, 28 CLC (HCD)

.... into life imprisonment. The sentence of life imprisonment will start from the date when the accused will be apprehended or surrenders. Ed. This Case is also Reported in: 51 DLR (1999) (HCD) 373.......n Sarker, 47 DLR 467; Shihabuddin Vs. State, PLD 1964 (SC) 177 = 16 DLR (SC) 269. Lawyers Involved: Md. Khurshid Alam Khan, Advocate - For the Condemned Prisoner. M A Rouf Assistant Attorney-General - For the State. Death Reference No.13 of 1994. Judgment Abu Sayeed Ahammed J.- Thi......neck. As a result, the victim fell down and died on the spot instantly. The brutal blow was so serious that it cut almost the entire neck of the victim. Only it had a thin touch by a narrow skin. The Police came to the spot on hearing about the occurrence and then First Information Report was lodged...... into life imprisonment. The sentence of life imprisonment will start from the date when the accused will be apprehended or surrenders. Ed. This Case is also Reported in: 51 DLR (1999) (HCD) 373...

Category: Criminal Law | Date: | Hits: 130

Nazrul Islam and others Vs. State, 1999, 28 CLC (HCD)

.... proceedings should be quashed on the ground that the investigation was not completed with in specified time. 10. As regards the contention that investigation was illegal because it was held by an Inspector of Bureau of Anti-Corruption, we also find no substance in it. 11. It is true that unde......osite Party Judgment April 25, 1999. Result: The Rule is discharged. Lawyers Involved: M Amirul Islam, Advocate — For the Petitioners. Munsurul Haque Choudhury, Deputy Attorney General — For the State. Criminal Miscellaneous Case No. 2220 of 1995. Judgment Md. Hamid......ption, we also find no substance in it. 11. It is true that under section 5A of the Prevention of Corruption Act, 1947, investigation shall be held by an officer not below the rank of Inspector of Police. But as regards investigation of offences relating to corruption, a separate Bureau of Anti-C......is directed to proceed with the case in accordance with law and dispose of the same expeditiously. Send down the LC records at once. Ed. This Case is also Reported in: 51 DLR (1999) (HCD) 368...

Category: Criminal Law | Date: | Hits: 108

Bangladesh General Insurance Co. Ltd. Vs. Chalna Marine Products Co. Ltd., 1999, 28 CLC (HCD)

.... went out of order from 2-12-88 and the factory remained without power supply upto 5-12-88, stock in the refrigeration room of the factory of the plaintiff deteriorated and decomposed. Local Sanitary Inspector visited the factory on the complaint from the local public as bad smell was giving out to ......s Case is also Reported in: 51 DLR (1999) (HCD) 357.......sult, the FA No.129 of 1995 is dismissed without any order as to costs. Send down the lower Court records of both the suits at once. Ed. This Case is also Reported in: 51 DLR (1999) (HCD) 357....... Ed. This Case is also Reported in: 51 DLR (1999) (HCD) 357...

Category: Business or Commercial Law | Date: | Hits: 522

State Vs. Md. Bachchu Miah @ Abdul Mannan and 5 others, 1998, 27 CLC (HCD)

....RI for 6 (six) months which we find they have already served out. They must be set at liberty at once, if not wanted in any other case. Ed. This Case is also Reported in: 51 DLR (1999) (HCD) 355.......bdul Mannan and 5 others…………………Respondents Judgment February 23, 1998. Result: The death reference is rejected. Lawyers Involved: Syed Abu Kowser, Assistant Attorney-General - For the State. Anisul Huq with Md. Kaiser Ali, Advocates - For the Condemned Prisoner (......RI for 6 (six) months which we find they have already served out. They must be set at liberty at once, if not wanted in any other case. Ed. This Case is also Reported in: 51 DLR (1999) (HCD) 355.......RI for 6 (six) months which we find they have already served out. They must be set at liberty at once, if not wanted in any other case. Ed. This Case is also Reported in: 51 DLR (1999) (HCD) 355...

Category: Criminal Law | Date: | Hits: 129