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....e petitioner and the departmental proceedings pursuant thereto should not be declared to have been made without lawful authority and to be of no legal effect.
2. The petitioner in his petition has stated that he joined the service under the Government of Bangladesh as Deputy Superintendent of Pol......he case does not involve at this stage any substantial question of law as to the interpretation of the Constitution. The prayer is rejected.
Ed.
This Case is also Reported in: 43 DLR (1991) 131. ..
Category: Employment/Service Law | Date: | Hits: 79
Kazi Motiur Rahman and others Vs. Din Islam, 1990, 19 CLC (HCD)
....e than 5,000/‑ and the complainant has given an enhanced amount of loss showing of Tk. 6,000/‑ in petition of complaint. 7. In the petition of complaint the delay has been explained and it was stated that there was a talk of compromise between the parties and as the same failed the delay was ......ected to pay the fine within 6 months from arrival of the records to the Lower Court. Send down the records of the Courts below at once. Ed. This Case is also Reported in: 43 DLR (1991) 128. ..Category: Criminal Law | Date: | Hits: 73
Fariduddin Mahmud Vs. Md. Saidur Rahman and others, 2010, 39 CLC (AD)
.... of Bangladesh 49 DLR (AD) 111; Bangladesh Bank Vs. Zafar Ahmed Chowdhury, 56 DLR (AD) 175; Kumudini Welfare Trust Vs. Province of East Pakistan, 12 DLR (SC) 17; Muhammad Amir Khan Vs. Controller of Estate Duty, PLD 1961 SC 119; Titaghur Paper Mills Co. Ltd Vs. State of Orissa, Pinaki Sengupta Vs. S......to cost. The judgment of the High Court Division is set aside. Ed. This Case is also Reported in: 63 DLR (AD) (2011) 93, 31 BLD (AD) (2011) 78, 8 LG (AD) (2011) 145, 16 MLR (AD)(2011) 205. ..Category: Civil Law | Date: | Hits: 113
Hasina Mawla Vs. Bangladesh Parjatan Corporation and another, 1992, 21 CLC (HCD)
....eafter obtained the present rule. 3. An affidavit‑in‑opposition has been filed by the respondents denying the assertions made in the petition stating that after making due consideration of the state of health of the petitioner, the respondents ordered her retirement with full benefit as she w...... The impugned order (Annexure‑A) is hereby declared to have been passed without any lawful authority and to be of no legal effect. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 112...Category: Employment/Service Law | Date: | Hits: 88
Bakth Bibi Vs. Bangladesh, 1992, 21 CLC (HCD)
....ners in this case holding claiming interest in the case holding, but it is contradictory as two sons has no locus standi so long as the petitioner No.1 is alive” is also not sustainable. As already stated the land on which the building in question stands was purchased by two sale deeds, one in the......ernment are without authority and of no legal effect. I, therefore, agree with the order proposed to be passed by my learned brother. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 105. ..Category: Property Law | Date: | Hits: 73
Shafiuddin Khan (Md) Vs. State and another, 1993, 22 CLC (HCD)
....against the accused petitioner under section 420 BPC after amending the charge in the light of the observation made in the judgment. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 102. ......against the accused petitioner under section 420 BPC after amending the charge in the light of the observation made in the judgment. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 102. ..Category: Criminal Law | Date: | Hits: 132
....etent authorities were considered and a decision taken by an elected body of sixteen persons, after deliberation. The decision is not unreasonable.”
24. The Kerala High Court further observed to state that while guarding against arbitrary exercise of power, one cannot lose sight of the fact tha......ngladesh, in which an aggrieved person must show that he has a legal right, accrued to him under a law which right had been taken away by an order of an Executive authority performing function in the affairs of the State, illegally or without lawful authority for a mandamus to be sustained. Personal..
Category: Others | Date: | Hits: 128
Hashem (Md.) Vs. Bangladesh and others, 1990, 19 CLC (HCD)
.... but without any result and so he had to file the suit. 4. The suit was contested by the defendant namely, Bangladesh represented by the Secretary, Ministry of Works and others by filing a written statement denying the material allegations and contending that the suit is not maintainable and that......s not an abandoned property. In the facts and circumstances of the case, we direct both parties to bear their respective costs although. Ed. This Case is also Reported in: 43 DLR (1991) 109. ..Category: Property Law | Date: | Hits: 73
Adamjee Sons Limited Vs. Jiban Bima Corporation, 1992, 21 CLC (HCD)
.... I proceed to deal with the appeal. The appellant has taken in the memorandum of appeal as many as 28 grounds. In order to appreciate the contention raised at the Bar it is necessary, in nutshell, to state the facts of the case. On August 15, 1981 an agreement for arbitration was executed the preamb......nt one. In view of my discussion, I am led to hold that the appeal must fail. In the result, the appeal is dismissed with costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 89. ..Category: Alternative Dispute Resolution | Date: | Hits: 174
Sarwar Kamal and others Vs. State, 1992, 21 CLC (HCD)
..... The defence examined none. All the accused pleaded not guilty to the said charges and claimed to be tried. Their case as transpired from the trend of cross‑examination of the P.W.s and from their statements under section 342 of the Code of Criminal Procedure and the documents filed by them is th......ected to surrender to his bail bond and serve out the remaining sentence. Let the records be sent down to the lower court expeditiously. Ed. This Case is also Reported in: 48 DLR (1996) 61. ..Category: Criminal Law | Date: | Hits: 86
Zahangir Sheikh and another Vs. State, 2011, 40 CLC (HCD)
....ion of trial, the learned Judge found the appellants guilty of offence under section 394 of the Penal Code and accordingly pronounced his judgment and order of conviction and sentence on 20.2.1997 as stated above. The appellants moved in this Court with the instant criminal appeal against the said j......Session Case No.41 of 1995 is hereby set aside. The appellants are released from their bail bond. Send down the lower Court records. Borhanuddin J. - I agree. This Case is also Reported in: ..Category: Criminal Law | Date: | Hits: 58
Babul and others Vs. State, 2011, 40 CLC (HCD)
....y suggest that the victim Abdur Rashid was drowned in the canal, while they were crossing it by swimming. The learned Advocate pointed out that in the complaint, the complainant-informant Ayati Begum stated that appellant Nos.1 and 2 called Abdur Rashid out from the house at about 1 p.m, came back a......other case. Since appellant No.3 Abdur Rab Chowkider is on bail, he is released from his bail bond. Send down the lower Court records. Borhanuddin J.-I agree. This Case is also Reported in: ..Category: Criminal Law | Date: | Hits: 111
Bulu and others Vs. State, 1992, 21 CLC (HCD)
....bed to his injuries on 7.9.87 in the hospital. 3. The police took up the investigation of the case, visited the place of occurrence, examined witnesses under section 161 CrPC and also recorded the statement of the deceased Md. Abu Sayeed at Rajshahi Medical College Hospital on 5.9.87 and thereaft......evelled against them. It is directed that they should be set at liberty forthwith, if not wanted in connection with any other case. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 79. ..Category: Criminal Law | Date: | Hits: 83
Abdul Khaleque Vs. State, 1992, 21 CLC (HCD)
....l the appellant was charged under sections 302/201 BPC to which he pleaded not guilty and claimed to be tried. 4. Prosecution examined P.W.1 Md. Abdul Wahed brother of the victim Rahima Khatoon he stated that the appellant married his sister Rahima Khatoon 1‑1/2 years before. Appellant had his ......s rigorous imprisonment. The impugned judgment is modified accordingly. Let the LC records be transmitted to the court below at once. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 75...Category: Criminal Law | Date: | Hits: 78
Tobarak Ali Sikder Vs. Administrator of Waqfs, 1992, 21 CLC (HCD)
.... is directed against an order dated 14.1.1992 (Annexure 'D') passed the Administrator of Waqfs, excluding Tobarak Sikder from the mutwalliship of Al‑Haj Mohammad Yousuf Sardar (Gausia Market) Waqf Estate and approving a Special Committee of five persons for the management of the said Waqf for a pe......r a period of two years. An order was also passed staying the impugned order but it was later modified by this court on 11.2.92 by which the enquiry as ordered by the Administrator of Waqfs, into the affairs of the Alhaj Mohammad Yusuf Sardar (Gousia Market) Waqf Estate was allowed to be continued. ..Category: Trust/Waqf Law | Date: | Hits: 157
Ajiran Nessa Bewa and others Vs. Md. Abdul Mannan, 1992, 21 CLC (HCD)
....dgment‑debtor wilfully failed to obey it, the decree may be enforced according to sub‑rule (1) by his detention in the civil prison or by the attachment of his property or by both. Sub‑rule (2) states as to how such detention and attachment will be effected in cases of a decree passed against ......assed by the learned Munsif, Sreebordi, in OC Execution Case No.13 of 1984 is set aside and the execution case is dismissed. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 66, 29 BLD 323...Category: Procedural Law | Date: | Hits: 95
Bashir Ali and others Vs. State, 1992, 21 CLC (HCD)
....lea of raising ail for reserving water in the field. Amjad Ali accordingly went with accused Jamshed Ali, but did not return and in spite of search by the relations Amjad Ali remained untraced. P.W.1 stated in the FIR that she suspected Jamshed Ali (since acquitted) for murdering her husband Amjad A......tions 302/34 of the Penal Code and they are acquitted thereof. They be set at liberty immediately, if not wanted in any other case. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 63. ..Category: Criminal Law | Date: | Hits: 62
Commissioner of Taxes Dhaka (South) Zone, Dhaka Vs. Ujala Match Factory, Shampur, 1991, 20 CLC (HCD)
....n 66A(2) of the Income Tax Act, 1922 for preferring an appeal to the Appellate Division against this judgment. The prayer is allowed. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 36. ......n 66A(2) of the Income Tax Act, 1922 for preferring an appeal to the Appellate Division against this judgment. The prayer is allowed. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 36. ..Category: Fiscal/Taxation Law | Date: | Hits: 171
Bangladesh Vs. Abdul Wahab & others, 1991, 20 CLC (HCD)
.... taken his Lordship Mr. Justice Bimalendu Bikash Roy Chowdhury. In the result, the Rule is discharged without any order as to cost. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 30. ......held “sufficient cause” means something beyond the control of the party and that in determining “sufficient cause” the Court should overlook some negligence i.e. an ordinary incident of human affairs, but gross negligence cannot be condoned. In that decision it has also been held by their Lo..Category: Procedural Law | Date: | Hits: 87
Sheikh Md. Shahidun Nabi Vs. University of Dhaka and others, 1991, 20 CLC (HCD)
.... The petitioner sent a reply to the show cause notice of the University Authority denying the allegation and the aforesaid charge brought against him in the said show cause notice. The petitioner stated in his reply that he wrote answer to the question of the Islamic History and Culture‑1st pa......in passing the impugned order dated 28.11.89 (Annexure-I). In the result, the Rule is discharged but without any order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 20. ..Category: Others | Date: | Hits: 122
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