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Musammat Khale­da Razia Khanam and others Vs. Mahtabuddin Choudhury and others, 1977, 6 CLC (AD)

....h his two sisters operated on the entire interest in .08 acre of land, which was subsequently acquired by Abdur Rashid from the heirs of Hasan Banu. It cannot be said that his repre­sentation at the time of sale of the said land to Kushor Pashi was in respect of only half of the said interest. It h......­chase enured to the benefit of Kushor Pashi. We do not find any of the contentions to be of substance. The petition is dismissed. Ed. This Case is also Reported in: 30 DLR (AD) (1978) 27. ..

Category: Property Law | Date: | Hits: 102

M H Khandker, Advocate Vs. Bangladesh (for­merly Province of East Pakistan) & another, 1977, 6 CLC (AD)

....o the local authorities all rates, taxes, charges, duties, assessments, impositions, levies and any other outgoings whatso­ever that are now levied or may here­after be levied under any law for the time being in force upon the demised property and/or upon any building or structure that may be erec......lt, therefore, is that subject to the observation made above, the appeal is dismis­sed. There shall, however, be no order as to costs. Ed. This Case is also Reported in: 30 DLR (AD) (1978) 1. ..

Category: Property Law | Date: | Hits: 114

Teli alias Mantu and others Vs. State, 2011, 40 CLC (HCD)

.... house. He further stated that he mistakenly mentioned the name of Mokles in the ejahar. He identified the appellants standing on dock and stated that the members of his family recognized them at the time of occurrence. In cross-examination he stated that he was a student of Intermediate second year...... leveled against them. They are also released from their bail bonds. Send down the lower Court records. Naima Haider J. - I agree. Ed. This Case is Also Reported in: 21 BLT (HCD) (2013) 287. ..

Category: Criminal Law | Date: | Hits: 103

Mokbul Hossain and others Vs. State, 2011, 40 CLC (HCD)

.... stated that he knew nothing adverse about the appellants and that appellant No.1 came out of a respectable family. P.W.8 Md. Azizul Mondal stated that he knew the informant Gasu. During the relevant time, he (P.W.8) used to ply a rickshaw-van at Kunderhat. He learnt about the dacoity while came to ......e acquitted of charges leveled against them. They are also released from their bail bonds. Send down the lower Court records. Naima Haider J. - I agree. Ed. This Case is also Reported in: ..

Category: Criminal Law | Date: | Hits: 105

Al-Amin Vs. State, 2011, 40 CLC (AD)

....ar Sinha J.- This petition at the instance of the accused Al-Amin is directed from an order of the High Court Division in dis­charging the rule and canceling the inter­im bail granted to him at the time of issuance of the rule. 2. Facts relevant for the disposal of this petition are that on the...... liberty to take the petitioner into custody if he misuses of privilege of bail. This petition is disposed of with the above observations. Ed. This Case is also Reported in: 9 ADC (2012) 84. ..

Category: Criminal Law | Date: | Hits: 96

Shameem Ara and others Vs. Government of Bangladesh and oth­ers, 2011, 40 CLC (AD)

....its that all the petitioners were teachers in the service of the Government and were transferred from College to College. They simply happened to be working in the Government Jagannath College at the time when it was converted into a University. This does not give them any right of con­tinuation in......e question of legitimate expectation is based on the qualities of the applicant and arises from the conduct of the other party. Eligibility for any post cannot give rise to legitimate expectation for appointment in that post. So far as the claim of discrimination by the petitioners is concerned, he ..

Category: Employment/Service Law | Date: | Hits: 134

State Vs. Jahangir Mallik, 2008, 37 CLC (HCD)

....nif went to the place of occurrence in the morning with their tractor for ploughing the same PW 9 Hanif and victim went to the house for drinking water. Thereafter the victim alone came back. At this time accused Jahangir Mallik appeared in the scene and asked the victim whose land was he ploughing.......onment for life and pay a fine of Taka 5000 in default to suffer rigorous imprisonment for 6(six) months. Send down the LCR at once. Ed. This Case is also Reported in: 15 BLC (HCD) (2010) 67. ..

Category: Criminal Law | Date: | Hits: 87

Pubali Bank Ltd. Vs. Farzana Begum and another, 2009, 38 CLC (HCD)

....g signatures. Even if all the signatures of the defendant appearing on the documents are not found similar, such difference might have been caused intentionally or it might also occur due to the long time gap from one to other. But for that reason, it is totally wrong to arrive at a positive finding......and realise the same through the process of law. Send down the LCRs along with a copy of the judgment to the Court below immediately. Ed. This Case is also Reported in: 15 BLC (HCD) (2010) 49...

Category: Civil Law | Date: | Hits: 116

Ayub Ali Khan Vs. Md. Abdur Raqib and others, 2009, 38 CLC (HCD)

....ion) is disposed of. Office is directed to communicate the order at once with a copy of judgment for information and necessary action. Ed. This Case is also Reported in: 15 BLC (HCD) (2010) 46. ......then he has been acting as a Nikah Registrar at that area. 6. Section 17 of the Muslim Marriages and Divorces (Registration) Rules, 1975 provides that a Nikah Registrar shall not hold any salaried appointment other than an appointment in a mosque or in a non-Government school or madrasha situated..

Category: Civil Law | Date: | Hits: 92

Sultana Jute Mills Ltd. and another Vs. Bangladesh Bank and others, 2007, 36 CLC (HCD)

....has been written to the petitioner by the plaintiff bank and whether the same has been accepted by the petitioner are matters of evidence. The points at issue now before us can well be decided at the time of trial of the suit but on a writ jurisdiction this question cannot be decided. Defendants wil...... is discharged without any order as to cost. The order of stay granted at the time of issuance of Rule on 3-12-2000 is hereby vacated. Ed. This Case is also Reported in: 15 BLC (HCD) (2010) 34. ..

Category: Civil Law | Date: | Hits: 121

Baby Masum & another Vs. Bangladesh Film Development Corporation, 2009, 38 CLC (HCD)

....ingly, FDC provided the materials and service facilities. After completion of making of the film, the claims payable to FDC stood at Taka 35,93,315 out of which Taka 11,60,000 remained unpaid. At the time of taking delivery of the release-print of the film they issued two post-dated cheques for paym...... Magistrate, Dhaka is hereby quashed. Send a copy of this judgment to the learned Chief Metropolitan Magistrate, Dhaka immediately. Ed. This Case is also Reported in: 15 BLC (HCD) (2010) 29. ..

Category: Criminal Law | Date: | Hits: 95

Saudi Bangladesh Services Company Ltd. Vs. Saudi Arabian Airlines Corporation, represented by its Country Manager, 2009, 38 CLC (HCD)

....f the Tribunal would meet at BILIA (the venue of the Arbitration proceeding) for holding deliberation before making the Award. However, when the 3rd Arbitrator went to BILIA at the appointed date and time, i.e. on 8-4-2006 at 10.00 AM, he was given a one hundred page typed Award, which had already b......e. Accordingly, the Award dated 8-4-2006 is hereby set aside. There will be no order as to costs. Ed. This Case is also Reported in: 15 BLC (HCD) (2010) 20; 14 MLR (HCD) (2009) 441.  ..

Category: Alternative Dispute Resolution | Date: | Hits: 385

State Vs. Anwar Hossain and others, 2008, 37 CLC (HCD)

....osecution witnesses, the exhibited documents and other materials on record, makes his submission supporting the reference and opposing the appeals. He submits that undisputedly on the date, at the time and place of occurrence deceased Zakir was shot dead. It is established by the consistent evid...... sentenced to imprisonment for life. The jail appeals are accordingly, disposed of. Send down the lower Court's records at once. Ed. This Case is also Reported in: 15 BLC (HCD) (2010) 1. ..

Category: Criminal Law | Date: | Hits: 67

Aroj Ali Sarder Vs. State, 1989, 18 CLC (HCD)

.... read over to the ac­cused Hazera Bibi they pleaded not guilty and claimed to be tried and so also Aroj Ali Sarder. So, it is not a case that the accused pleaded guilty to the charge at any point of time throughout the proceed­ing though it is the police case that the accused ad­mitted to them to...... accused acquitted. The fine already paid by the accused petitioners need be re­funded to them. Send down the L.C. records at once. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 306...

Category: Criminal Law | Date: | Hits: 76

Nur Mohammed alias Bog Master Vs. State, 1988, 17 CLC (HCD)

....ourt. 2. The prosecution case, in brief, was that on 5.5.82. P.W.1 Md. Yunnus Ali went to the house of the accused petitioner in the afternoon to fetch Homeopathic medicine for his mother. At that time the accused-petitioner took him to the western room, shut the doors and windows and had carnal ......tion and sentence passed against the accused-petitioner is set aside. Let the accused-petitioner be discharged from his bail-bond. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 301. ..

Category: Criminal Law | Date: | Hits: 92

Chairman, Bangladesh Forest Industries Development Corporation (BFIDC) and another Vs. Md. Hatem Ali and others, 2011, 40 CLC (AD)

....yer was capricious, arbitrary and without any application of mind. The petitioner obtained a duplicate Secondary School Certificate as the original was lost and in this process he had to spend enough time collecting the same. The word “Fakir” in his name as well as in his father’s name had rat......y ground to interfere with the decision of the High Court Division. Accordingly, the appeal is dismissed. There is no order as to costs. Ed. This Case is also Reported in: 9 ADC (2012) 169. ..

Category: Employment/Service Law | Date: | Hits: 739

Government of Bangladesh and others Vs. Dhaka Match Industries Co. Ltd. and others, 2011, 40 CLC (AD)

....2.2010 for a period of 6(six) months i.e. up to 14.06.2011. The present applicant obtained possession of the aforesaid leased godown on rental basis in order to store food grains imported by him from time to time. The said lease agreement was executed between the applicant and Bhaiya Food Industries......he Rule. Accordingly, we find no substance in this petition, which is accordingly dismissed with the observations made in the body of the judgment. Ed. This Case is also Reported in: ..

Category: Civil Law | Date: | Hits: 131

Engineer A. B. Siddique Vs. Kazi Akramuddin and others, 2011, 40 CLC (AD)

....hereafter applied to the concerned authority to hand over possession of the land to him. But because of the pendency of a suit in respect of the land, handing over of possession was suspended for the time being and subsequently the suit was dismissed. Thereafter the writ-petitioner applied to writ-r......paration of paper book is dispensed with as prayed for. The order of status quo granted earlier be extended till disposal of the appeal. Ed. This Case is also Reported in: 9 ADC (2012) 279...

Category: Property Law | Date: | Hits: 79

Government of the People’s Republic of Bangladesh and another Vs. Md. Shahjahan and others, 2012, 41 CLC (AD)

.... of restructuring the Government machinery and reorganizing the Mujibnagar government accepted the Mujibnagar Employees to have always been in the service of the Republic, took various decisions from time to time. The Ministry of Establishment made standing instructions to recruit Mujibnagar Employe......of with other petitions by judgment dated 27th May, 1998 relied by the High Court Division is applicable to the facts of this case and finally, whether the writ-petitioners have acquired any right of appointment in the service of the Republic on the basis of alleged recommendation, annexure-E, to th..

Category: Others | Date: | Hits: 138

Chief Engineer, the Local Government and Engineering Department Vs. Sanjoy Kumar Halder and others, 2011, 40 CLC (AD)

....nd Co-operatives. They have been appointed in their respective posts during the period from 1983 to 2005 in different development projects. The initial projects of the writ petitioners had ended long time back but their services had never been terminated. Rather for “public interests” they were ...... had been enjoying the same. But suddenly, the writ-respondents had converted the national pay scale of some of the writ-petitioners to “consolidated pay” without any rhyme or reason. Since their appointments, the petitioners having served long period in the development projects have acquired le..

Category: Others | Date: | Hits: 172