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Abdus Salam (Md) Vs. University of Rajshahi & others, 2004, 33 CLC (HCD)
...., in consideration of the report, the Syndicate in its meeting held on 27/28‑8‑2000, by its resolution No. 127, formed a 5 (five) members enquiry committee, that in order to afford the petitioner proper representation, the respondent No, 4 vide his letter No. 1040(2)Ra/47 dated 6‑9‑2000, req...... For the Respondents. Writ Petition No. 3397 of 2001. Judgment ABM Khairul Haque J. - This Rule Nisi was issued at the instance of one Md Abdus Salam, calling upon the University of Rajshahi and others to show cause as to why the order of dismissal (Annexure N (1) to the petition) dated 7â€......‘5‑2001 under the signature of respondent No. 4, dismissing the petitioner from service of the University of Rajshahi, should not be declared to have been made without lawful authority and is of no legal effect. 2. It is stated in the petition that while the petitioner was performing his functi..Category: Employment/Service Law | Date: | Hits: 60
Padma Oil Co. Ltd. Vs. Registrar of Trade Unions & another, 2003, 32 CLC (HCD)
....ondent No.1 (Annexure - A to this petition) should not be declared to have been made without any lawful authority and is of no legal effect and why the respondent No. 1 should not be directed to take proper steps for cancellation of the registration of the respondent No. 2 Union under section 10(1) ......another ……...... Respondents Judgment February 24, 2003. Result: The Rule is made absolute. Lawyers Involved: Rafique‑ul-Huq with Khalilur Rahman with Zubayer Rahman Chowdhury and Muhammad Sakhawat, Advocates ‑ For the Petitioner. Tufailur Rahman ‑ For Respondent No. 2......01 issued by the Registrar of Trade Unions, Government of Bangladesh Respondent No.1 (Annexure - A to this petition) should not be declared to have been made without any lawful authority and is of no legal effect and why the respondent No. 1 should not be directed to take proper steps for cancellati..Category: Labour and Industrial Law | Date: | Hits: 158
Rajab Ali Zulfiqar Vs. State, 1993, 22 CLC (HCD)
....as first drawn my attention to the definition o criminal breach of trust as given in section 405 of the Penal Code which is quoted below: Section 405. Whoever, being in any manÂner entrusted with property, or with any domiÂnion over property, dishonestly misappropriates or converts to his own u......ssain, 16 DLR (WP) 48; 7 DLR (FC) 1; Ali Vs. Crown, 4 DLR (SC) 551; Fazal Elahi Vs. Crown, 5 DLR (WP) 13; Khan Vs. Crown, 7 DLR (FC) 1; Mobarak Hossain Vs. State, 33 DLR 274; Barkat Ali alias Gharibu and others Vs. Crown, 1969 (SCMR) 448; Muhammad Ismail and others Vs. State and another, 1970 PLD (K......ssailed the impugned judgment and order of conviction and sentence on various grounds. 8. The first contention of the learned Advocate for the appellant is that the trial of the instant case was illegally held by the learned Sessions Judge and not by any Special Judge as required under the law an..Category: Criminal Law | Date: | Hits: 92
Afzal Hossain Vs. Chief Election CommisÂsioner and others, 1992, 21 CLC (HCD)
.... act for the same avowed purpose of free and fair election. We find no illegality in the order and hence the petition is rejected. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 701. ......rt Division (Special Original Jurisdiction) Present: Anwarul Hoque Choudhury J KM Hasan J Afzal Hossain…………………………Petitioner Vs. Chief Election CommisÂsioner and others…………………………Respondents Judgment December 1, 1992. Result: T......g final, no further appeal or revision would be entertained by the Chief Election Commissioner and the said order passed by the Chief Election Commission setting aside the order passed on appeal is illegal as passed without jurisdiction. According to the learned Advocate, it is without lawful author..Category: Election Law | Date: | Hits: 153
Air Marshal Jamaluddin Ahmed (Retd) Vs. Government of BanglaÂdesh and others, 2004, 33 CLC (HCD)
....in paragraph 8 of the petition, that the background on which the petitioner was promoted to the rank of Air Marshal, is not known to the Air Head Quarters, that the complications were caused due to improper filling up of his pension papers for which it took a long time to make it ready, that the pen......Original Jurisdiction) Present: ABM Khairul Haque J Md. Miftahuddin Chowdhury J Air Marshal Jamaluddin Ahmed (Retd)…………………….Petitioner Vs. Government of BanglaÂdesh and others………………..Respondents Judgment June 13, 2004. Result: The Rule is ma...... office during the pleasure of the Crown, although statutory protection of employment was given to civil servants but those are not extended to the members of the armed forces. This is, in short, the legal position of the civil servants and the members of the armed forces in Great Britain. 15. In..Category: Employment/Service Law | Date: | Hits: 148
State Vs. Abdul Hatem, 2003, 32 CLC (HCD)
....d material in every case and prosecution is not bound to offer any motive and motive, if suggested, is required to be proved: Motive, if proved, affords a key to scan the evidences of the case in its proper perspective and motive proved indicates the high degree of probability and provides a link in......l Hatem ............….. Condemned Prisoner Judgment February 2, 2003. Result: Death Reference is accepted. Cases Referred to- Noor Jahan Begum Vs. State, 42 DLR (AD) 130; Al Amin and others Vs. State, 51 DLR 154. Lawyers Involved: Md. Helaluddin Mollah, Deputy Attorney ‑......hat condemned prisoner inflicted dagger blow on her belly and statements of the above stated prosecution witnesses do not at all appear to have suffered any sort of discrepancies, inconsistencies and legal infirmities. The evidences in respect of disclosure made by deceased Rahima Khatun before her ..Category: Criminal Law | Date: | Hits: 75
Mozibar Rahman Molla (Md) and another Vs. Rehazuddin and others, 2003, 32 CLC (HCD)
....16 of 1996 allowing pre-emption under section 96 of the State Acquisition and Tenancy Act, should not be set aside and/or pass such other or further order or orders as to this Court many deem fit and proper. 2. Short facts, necessary for the purpose of the Rule is that the opposite Party Nos. 1â€...... Ed. This Case is also Reported in: 56 DLR (2004) 427.......ons made in this judgment. Send down a copy of this judgment along with the Lower Courts Record to the trial Court at once for compliance. Ed. This Case is also Reported in: 56 DLR (2004) 427...Category: Property Law | Date: | Hits: 98
Ziaul Hoque alias Bakul Vs. Md Sirajul Islam and others, 2002, 31 CLC (HCD)
....udge and Election Tribunal Sadar. Brahmanbaria in Election Tribunal Case No.5 of 1998 should not be set aside and or pass such other order or further order or orders as to this Court may seem fit and proper. 2. The present opposite party No. 1 as petitioner filed Election Tribunal Case No.5 of 19...... ...... Tribunal Case No.5 of 1998 before the Election Tribunal Sadar, Brahmanbaria for declaraÂtion that the election of the present petitioner as the Chairman of No. 15 North Ichapur Union Parishad was illegal and to declare him as Chairman of the said Union Parishad. In the election petition the simple..Category: Election Law | Date: | Hits: 156
Ambala Cold Storage (Pvt.) Ltd. Vs. Prime Insurance Co. Ltd., 2001, 30 CLC (HCD)
.... in 1998 and after receiving Âinformation the respondent appointed Messrs Engineers Survey Associates and Rupali Surveys for inspection in order to ascertain the loss and damages of the petitioner's property and the surveyors after inspection submitted their report stating that the compressor No, 1......Ahmed, Advocate ‑ For the Petitioner. Md. Ibrahim Mollah, Advocate ‑ For the Respondent. Company Matter No. 131 of 1999. Judgment Md. Awlad Ali J.- This application under sections 241 and 242 of the Companies Act, 1994 has been made by the petitioner Ambala Cold Storage (Pvt.) Ltd. I...... settle their claim and the respondent promised to pay but ultimately the claim was not settled. Upon receiving no response from the respondent company tile petitioner through their Advocate served a legal notice upon tile respondent on 9‑8‑1999 requesting the respondent to pay the petitioner's ..Category: Company Law | Date: | Hits: 168
....order (Annexure‑D). On receipt of the above Memo dated 9‑3‑81 the petitioner filed an application explaining the reasons for shortage of fertilizer and further requested the authority to make a proper investigation in the light of the allegation made by him against the Tally Clerk and the Head......n)
Present:
KM Hassan J
Md. Fazlul Haque J
KM Fazlul Haque…………………………………………..Petitioner
Vs.
Chairman, Bangladesh Agricultural Development Corporation and another..............................................Respondents
Judgment
August 28, 1996.......sed pursuant to the said order (Annexure‑K), including Memo No.PSB (Pra:18S‑18/89‑90/704 dated 9-9-90 (Annexure‑Q) should not be declared, to have passed without lawful authority and is of no legal effect.
2. The facts, in short, as stated in the petition are that the petitioner was poste..
Category: Criminal Law | Date: | Hits: 78
Commander (Rtd) A A Chowdhury Vs. AKM Imam Hossain and others, 1996, 25 CLC (HCD)
....rming the judgment and decree dated 21-8-1993 respectively passed by Assistant Judge, 5th Addl. Court Dhaka in Title Suit No.90 of 1992 decreeing the suit for eviction of the petitioner from the suit property. 2. The facts giving rise to this Rule are, that the opposite party Nos.1 and 2 as plain...... Ed. This Case is also Reported in: 49 DLR (HD) (1997) 23 ......lm Distributors and another 14 DLR 307; Shiv Dayal Kapoor and others Vs. Union of India New Delhi and another AIR, 1963 Panjab 538; Md. Amir Ali and another Vs. Abdul Mannan having died his heirs and legal representatives Abdur Rahim and others, 9 DLR 102; Taherunnessa and others Vs. Mrs. Nazma Begu..Category: Property Law | Date: | Hits: 65
Abu Bakkar Siddique Vs. Justice Shahabuddin Ahmed and others, 1996, 25 CLC (HCD)
....t or irrational. The express mention of certain liability does not exclude implied obligations which arise under common law whenever statutory authority is conferred to do acts injurious to person or property. Thus, when a railway company is authorised to construct a railway, crossing a highway, the......cial Original Jurisdiction) Present: Mozammel Hoque J Md. Abdul Matin J Abu Bakkar Siddique..................................................petitioner Vs. Justice Shahabuddin Ahmed and others......................Respondents Judgment August 19, 1996. Result: The Rule i......he Republic and all of them are getting remunerations and other benefits from the exchequer of Bangladesh. Though the President is elected by the members of parliament, yet all his constitutional and legal functions may be construed as rendering services of the Republic and in that sense President, ..Category: Constitutional Law | Date: | Hits: 200
Md. Moniruzzaman alias Chaklet and others Vs. State, 2009, 38 CLC (AD)
....er rigorous imprisonment for one 2(two) years more. 5. Mr. Abdul Malek, learned Counsel, appearing for the petitioners submitted that the High Court Division illegally dismissed the appeal without proper assessment of the evidence on record; that the High Court Division failed to consider the man......rt Appellate Division (Criminal) Present: Mohammad Fazlul Karim J Md. Joynul Abedin J Shah Abu Nayeem Mominur Rahman J Surendra Kumar Sinha J Md. Moniruzzaman alias Chaklet and others……………………Petitioners Vs. The State……………………………â€....... 10,000.00 each in default to sufÂfer rigorous imprisonment for one 2(two) years more. 5. Mr. Abdul Malek, learned Counsel, appearing for the petitioners submitted that the High Court Division illegally dismissed the appeal without proper assessment of the evidence on record; that the High Cour..Category: Criminal Law | Date: | Hits: 70
Government of Bangladesh and others Vs. Mohammad Alamgir Hossain and others, 2011, 40 CLC (AD)
.... not take a different view. This Division while maintaining the said judgment observed that the High Court Division rightly held that there was nothÂing on record to show that the suit land was waqf property and that until and unless the judgments and decrees passed in the earlier suits are set asi......Reported in: VIII ADC (2011) 702. ......ave is, therefore, granted to consider on additional grounds as under: "I. Because the suit land having been acquired and having been notified in the gazette dated 22nd April, 1961 and there being legal bar in challengÂing acquisition by filing suit and the trial Court and the High Court Divisio..Category: Property Law | Date: | Hits: 57
Md. Saidur Rahman Vs. Farid Uddin Mahmud and others, 2011, 40 CLC (AD)
....in Adalat No.1, Chiltagong in accordance with section 4(5) of the Artha Rin Adalat Ain, the order of the Adalat accepting the tender of the respondent No.1 was without jurisdiction and that since the property in question was sold at a shockingly low price, the petiÂtioner's right protected under Ar...... Sinha J Md. Abdul Wahhab Miah J Syed Mahmud Hossain J Muhammad Imman Ali J Md. Saidur Rahman………………………………………………Petitioner Vs. Farid Uddin Mahmud and others………………………Respondents Judgment March 9, 2011. Result: The pe......he has appreciated that the impugned judgment is a well reasoned one. We find no merit in this petition, which is accordingly dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 698...Category: Property Law | Date: | Hits: 81
....ealed all the notices of the execution case and therefore, the petitioners did not know anything about the execution case. The execution case was fixed on 06.09.2006 for auction sale of the scheduled property and on that date the same was sold in auction at TK. 13,50,000.00 being the highest bid. Th...... (2011) 685.
...... an additional amount of TK. 4,70,000.00 to it for releasing the same but the writ-petitioners did not deposit the said money paid by the auction purchaser. The impugned order did not suffer from any legal infirmity and as such, the Rule was liable to be discharged.
7. A Division Bench of the Hig..
Category: Property Law | Date: | Hits: 48
Government of Bangladesh and another Vs. Monwarul Alam and others, 2011, 40 CLC (AD)
....same to the Manager, Aqua Marine Limited. On 27.09.1984 suddenly the defendants gave a notice to the plaintiffs to hand over posÂsession of the suit land treating the same as vested and non-resident property. The plaintiffs appeared before the defendants on 07.10.1984 and filed an application for t...... Case is also Reported in: VIII ADC (2011) 679. ......a respondent Nos.3 and 4 for declaration that the initiation of V.P. Case No.9 of 1984 (KDA) and issuance of the notice dated 27.09.1984 directing them to surrender possession of the suit land were illegal, void and without jurisdiction and for mandatory injunction to restore back possession of the ..Category: Property Law | Date: | Hits: 54
Shaki Md. Shoaib and others Vs. Md. Kashem Ali Bhuiyan and others, 2011, 40 CLC (AD)
....er bigha. Defendant No.1 on receipt of TK. 2,00,000.00 as earnest money out of the total consideration of TK.31, 42,000.00 entered into an agreement with the plaintiffs on 07.07.2000 to sell the suit properÂly. In the agreement it was stipulated that the balance consideration of TK. 29,42,500.00 wo...... (Civil) Present: Md. Muzammel Hossain J Surendra Kumar Sinha J Md. Abdul Wahhab Miah J Nazmun Ara Sultana J Syed Mahmud Hossain J Muhammad Imman Ali J Shaki Md. Shoaib and others…………………………….Petitioners Vs. Md. Kashem Ali Bhuiyan and othersâ...... accept TK. 3,00,000.00 within 1(one) month from the date of exeÂcution of the sale agreement as per the undertaking, the plaintiffs through their learned Advocate, Mr. Rafiqul Islam Mukul, served a legal notice asking him to accept TK. 3,00,000.00 (three lakhs) within 7(seven) days, and execute an..Category: Property Law | Date: | Hits: 72
A. Rahman Lasker and other Vs. Abul Kalam and other, 2011, 40 CLC (HCD)
.... by the learned Senior Assistant Judge, Sadar Court, Faridpur in Title Suit No.30 of 1995 should not be set aside and or such other or further order or orders passed as to this Court may seem fit and proper. 2. Facts of the case for disposal of the rule is that the petitioner as plaintiff filed t......ormation and necessary action. Ed. This Case is also Reported in: ...... granted at the time of issuance of Rule is hereby vacated. Send down a copy of this order to the Court below at-once for information and necessary action. Ed. This Case is also Reported in: ..Category: Administrative Law | Date: | Hits: 199
Bangladesh Legal Aid and Services Trust Vs. Bangladesh and others, 2007, 36 CLC (HCD)
....heir case. It has further been contended that the said petitioner nos. 2-4 are bound by the terms and conditions of the lease agreement and for violation o which they can redress their grievance in a proper forum of law but not under writ jurisdiction since no legal right or interest, has accrued up......s Case is also Reported in: 64 DLR (HCD) (2012) 203. ...... 22.4.1999 inviting tenders from purchasers for sale of commercial plot no. 38-A at Gulshan Second Circle (Annexure-D) should not be declared to have been passed without lawful authority and is of no legal effect. 2. Short facts relevant for the purpose of disposal of the Rule, are that the peti..Category: Property Law | Date: | Hits: 135
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