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.... 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.......which has been made the respondent No.3 in this Petition, by an order passed under the signature of the Principal of the said College under Memo No. 59‑6-139/80‑81 dated 20.10.81, has been called question.
2.The case of the petitioner is that he was appointed as a professor of Kapilmuni Colle......decision whereby it has disapproved of the order of dismissal of the petitioner, and accorded approval to the said order of dismissal in view of section 21 of the General Clauses Act, 1897.
7. The facts in this case are admitted.
8. It is admitted that the petitioner was appointed as a teacher..
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.......the respondents is that allotment of current charge purely on temporary basis of the office of Executive Engineer to the respondent Nos.4‑8 being in no way can be considered as finally deciding the question of seniority of the petitioners or of the said respondents and that current charge so given......the proceedings of Agenda No.3 and the Authority, circulated the decision so taken in the Board meeting of the Authority held on 31.7.90 by its Memo No.1517 (Admn) dated 14.8.90. In the light of the facts so stated in the petition it has been contended by the petitioners that keeping their objectio..Category: Employment/Service Law | Date: | Hits: 191
Misir Ullah (Md) Vs. Syed Khalilullah Malek others, 1995, 24 CLC (HCD)
....ase is sent back to the District Judge Moulvi Bazar for re‑consideration and the Rule is made absolute without any order as to costs. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 117.......es has drawn my attention to section 102 of the Waqf Ordinance which runs as follows: "Except as otherwise expressly provided in this Ordinance, no decision or order of the Administrator shall be questioned in any suit or other proceeding in any Court." 24. Mr. Chowdhury by referring to secti......ent M Bazlur Rahman Talukder J.- This Revisional application is directed against the order dated 9.11.1991 of the District Judge, Maulavi Bazar, passed in Title Appeal No.145 of 1986. 2. Short facts involved in the case is that the plaintiffs‑petitioners filed Title Suit No.17 of 1979 in th..Category: Trust/Waqf Law | Date: | Hits: 181
Moudud Ahmed Vs. State, 1995, 24 CLC (HCD)
....t, advice was tendered by Ministers to the President shall not be inquired into in any Court.” Thus, it seems that the language employed in Clause (2) of Article 58 of our Constitution is almost identical to that of Clause (2) of Article 74 of the Indian Constitution. 11. Now, I proceed to d......ident without recommending any price. But the prosecution accused the petitioner for recommending price at Taka 50 lacs per bigha. It is also stated that the claim of the prosecution that the land in question was a Commercial Plot has no basis. It is further stated that on the face of the FIR, the c...... Naimuddin Ahmed, J after examining the summary, FIR, 161 statement and the charge sheet came to the conclusion that the First information Report is founded on the basis of the Second summary and the facts disclosed in those papers including First Information Report, 161 statement and charge‑sheet..Category: Criminal Law | Date: | Hits: 111
Ajit Kumar Sarkar and others Vs. Radhakanta Sarkar and others, 1992, 21 CLC (HCD)
....e Penal Code pending against the accused‑petitioners in the court of the Upazila Magistrate Paikgacha, Khulna, is hereby quashed. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 533.......jurisdiction to make a complaint in the interest of justice not only for the use of the forged document but also for the offence of forging it. Furthermore, there is nothing to show that the deeds in question have been declared as forged by any competent court. 11. In view of the discussions m......section 561A of the Code of Criminal Procedure for quashing the proceeding of Cr Case No.270 of 1991 pending in the Court of the Upazila Magistrate, Paikgacha, District‑Khulna. 2. The‑short facts of the case are, that the opposite party No.1 being complainant instituted the aforesaid compl..Category: Criminal Law | Date: | Hits: 142
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. ...... Division Bench made a recommendation to the learned Chief Justice to constitute a Full Bench of 5 Judges to consider the reference quoted in the beginning which the said Bench considered to be a question of immense public importance. 18. Accordingly, the learned Chief Justice constituted...... Martial Law Administrator, the Assistant Sessions Judges were empowered to hear and dispose of certain criminal appeals, mentioned in that section 407 of the Code. 104. From the sequence of facts, it may reasonably be said that the amendment effected by the Ordinance No. XXIV of 1982, wi..Category: Criminal Law | Date: | Hits: 158
Majeda Begum & another Vs. Khoda Box Mollah & others, 1987, 16 CLC (HCD)
....servations made in this judgment. The connected Rule being Civil Rule No.23 (FM)/1987 is discharged without any order as to costs. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 392. ...... Court a document short circuiting the clear and mandatory provisions of law. 13. Mr. Mahmudul Islam submits that the appellants have failed to pin-point any prejudice caused to them. 14. The question of prejudice does not arise. Unless the judgment-debtors get a copy of the Kabala, they are......aneous appeal is directed against Order No.46 dated 24.11.85 passed by Mr. Ismail Mia, Subordinate Judge, Pabna in O.C. Execution Case No.8 of 1977 arising out of O.C. Suit No.73 of 1976. 2. The facts relevant for the disposal of this appeal are as follows. The respondents instituted the afores..Category: Property Law | Date: | Hits: 140
MA Jahangir & another Vs. Abdul Malek & others, 1989, 18 CLC (HCD)
....e reasons stated above, I do not find of the any substance in this Rule. The Rule is discharged. There will be no order as to costs. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 389. ...... allow either party to alter or amend his pleadings in such manner and on such terms as may be just and all such amendments shall be made as may be necessary for the purpose of determining the real questions in controversy between the parties." (The underlinings are mine). 3. A careful examin......in allowing the amendments as the amendments have changed the nature and character of the suit. Mr. Das urged that the application for amendment was filed on 4.11.1985, in view of the disclosure of facts in the written statement filed on 4.3.1985 to the effect that the suit property includes als..Category: Procedural Law | Date: | Hits: 133
Kohinoor Chemical Company Ltd. & others Vs. Eastern Shippers & Traders Ltd., 1989, 18 CLC (HCD)
....been discussed above, we do not find any reason to interfere with the order impugned before us. We reject this application in limine. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 387. ...... Involved: Moqbul Ahmed, Advocate - For the Petitioners. Civil Order No.155 of 1989. Judgment AM Mahmudur Rahman J.- By this application the petitioners raise a short but an important question of law as to whether rule 1 of Order 11 of the Code of Civil Procedure as amended by Ordina......portant question of law as to whether rule 1 of Order 11 of the Code of Civil Procedure as amended by Ordinance XLVIII of 1983 is mandatory or directory in nature. 2. To answer this question short facts necessary to state are that the opposite-party as plaintiff instituted a Money Suit in the C..Category: Procedural Law | Date: | Hits: 133
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. ......ite party No.4 has proved his case beyond any dispute. Upon this finding the Election Tribunal declared the election of the returned candidate, the petitioner as void; but in consideration of the facts that the petitioner polled 54,870 votes as against 8,749 polled by opposite party No.4 and in ..Category: Election Law | Date: | Hits: 252
Shawai @ Mohammad Hussain & others Vs. State, 1989, 18 CLC (HCD)
....f joining or participation in the crime are the elements in both the sections constituting constructive liability. The line of demarcation in these two sections is thread-bare, very thin and almost identical overlapping the distinctive features of these two sections. Therefore, the question of pre...... Cr.P.C. The framing of a specific and distinct charge in respect of every distinct head of criminal liability constituting an offence is the foundation for a conviction and sentence, thereof. The question then arose for consideration whether such lacuna has prejudiced the accused or not. On c......essions Judge, Moulvibazar in Sessions Case No.30 of 1984 convicting the accused appellants under section 302 of the Penal Code and sentencing each of them to transportation for life. 2. Short facts of the prosecution case is that on 24th Baishakh, 1383 B.S. corresponding to 7th May, 1976 the..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. ...... Mustafa Kamal J.- These two Rules Nisi and the contempt petition have been heard together and will be disposed of by this common judgment as they arise out of the same transaction and involve common questions of fact and law. 2. In Writ Petition No.425 of 1985 the petitioner obtained the Rule ......ment or diluvian or acquisition of land." 32. In the unreported decision of the Appellate Division in the case of Bangladesh and others Vs. Marium Khatun and others (Civil Appeal No.8 of 1972) the facts are that the respondent who, along with others took settlement of land from Zaminders and were..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.......69 of 1985 Writ Petition No. 470 of 1985 Writ Petition Nos. 472-484 of 1985 Writ Petition Nos. 529-533 of 1985. Judgment Mustafa Kamal J.- These 40 Rules Nisi, arising out of common questions of fact and law, were heard together and will be disposed of by this common judgment. ......es upon the petitioners specifically in that regard without taking any recourse to the provisions of section 143 of the Pourashava Ordinance, 1977 which had no manner of application at all in the facts and circumstances of the case. The Municipality can in such circumstances easily proceed under..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.......ib prayer on 18.4.82 in the house of her father-in-law appellant No.2 Mohubullah, who is also the father of the appellant No.1 Abdul Khalek and husband of appellant No.3 Sabjan Bibi. 11. Now the question before us is whether the appellants No.1 and 2 in prosecution and in furtherance of commo......secution to produce evidence of circumstances pointing to the guilt of the accused" and "section 106 of Evidence Act obviously refers to cases where, defence of the accused depends on proving certain facts, that is, the cases where his guilt is established on the evidence produced by the prosecution..Category: Criminal Law | Date: | Hits: 101
....nd the Judgment and decree passed by the trial Court are hereby affirmed.
Send down the LC records immediately to the trial Court.
Ed.
This Case is also Reported in: 48 DLR (HCD) (1996) 193.
......dia, this property was treated as vested and non-resident property in VP Case No.11 of 1979.
10. Mr. Moksudur Rahman, the learned advocate appearing for the appellant, submits that the property in question is a vested and non‑resident property and it is vested in the Government by the omnibus n......e under the provisions of the aforesaid law afresh and if any proceeding is started for treating a property as vested property, under law that will be absolutely without jurisdiction. Considering the facts and circumstances of the case, the evidence both oral and documentary on record and the submis..
Category: Property Law | Date: | Hits: 134
Mathura Mohan Pandit Vs. Hazera Khatun, 1994, 23 CLC (HCD)
.... but when he had no jurisdiction the question of exercise of Jurisdiction does not arise. In the result the Rule is made absolute. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 190. ...... party on the ground that the execution case having been satisfied the said execution case was not in existence and this Rule shall fail. 5. Before going into the merit of the Rule the important question of law which is raised is to be answer first. The question is, whether the order sought to ...... but when he had no jurisdiction the question of exercise of Jurisdiction does not arise. In the result the Rule is made absolute. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 190. ..Category: Civil Law | Date: | Hits: 157
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. ......is why deadly weapons might have been brought in order to teach a good lesson to death Sikim Ali. However Sikim Ali has been done to death by accused Khalilur Rahman who dealt the fatal blow. Now the question cropped up for our consideration that whether the offence committed by accused Khalilur Rah......irmities, the case of the prosecution must be rejected outright, irrespective of the fact whether or not there is any rival theory of the defence, or if there is any, that is untrue. (c) Where the facts proved beyond doubt, or admitted, indicate that some sort of occurrence must have taken place,..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. ......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. ......inds support from the decision in the case Sir Edward Snelson Vs. The Judges of the High Court of West Pakistan, 16 DLR 535 (SC) to which I shall refer and quote presently briefly after narrating the facts of that case. Sir Edward Snelson was the Secretary of the Ministry of Law of the Government of..Category: Criminal Law | Date: | Hits: 149
Shahadat Chowdhury Vs. Md. Ataur Rahman, 1996, 25 CLC (HCD)
....No.204/1/a/91 pending in the Court of Chief Metropolitan Magistrate, Dhaka, is quashed. Communicate the order to the Court below. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 176. ...... of truth concerning any person made in public good is not defamation. Third exception to that section is that expressing an opinion in good faith respecting conduct of any person touching any public question and respecting his character so far as his character appears in that conduct and no further......eau. Had the complainant sent such a rejoinder to the petitioner and the same was not published then it could be said that the petitioner did not act in good faith and for public good. 13. Though facts are a bit different, in, the case of Syed Md. Afzal Hossain Vs. M Selim Idris reported in 15 B..Category: Criminal Law | Date: | Hits: 125
Muslim Halder (Md.) Vs. Hajrat Ali Halder & others, 1995, 24 CLC (HCD)
....nted earlier by the Court on 19.9.1985 is hereby vacated. No order as to costs. Send down the records to the Courts below at once. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 175. ......hat the case was filed in time and that the preemptors were co‑shayers and there was no defect of parties and also they have allowed pre-emption finding that the case land although described in the question deed as bhiti and homestead it is part of agricultural holding. 3. In the present revisi......nted earlier by the Court on 19.9.1985 is hereby vacated. No order as to costs. Send down the records to the Courts below at once. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 175. ..Category: Property Law | Date: | Hits: 106
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