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Nasiruddin (Md.) Vs. State, 2009, 38 CLC (HCD)
....as been immensely contributing to the deterioration of the law and order situation in our country to nullify the deterrent effect of the penal statutes and, more alarming, this has been encouraging a good number of people to accept committing crime as a rewarding business and resorting to corruption......ere packed in a polythene bag, in presence of the witnesses, prepared seizure list and obtained signature of the witnessed. Accordingly, Siddhirganj Police Station Case No.19 dated 15-3-2005 has been recorded. 3. The case was duly investigated by police, who then submitted a charge sheet No.81 o......which they were falsely implicated in this case. The only suggestion given to the prosecution witness is that the accused persons were falsely implicated by the informant for his personal gain in his service." We also consider it worthwhile to refer the decision made in Mohinuddin Vs. State, repo..Category: Criminal Law | Date: | Hits: 79
Abul Kashem Vs. AKM Golam Mostafa and others, 2009, 38 CLC (HCD)
....on his behalf his brother Nurul Huda (opposite party No.21) received the summons who was not the recognised agent of the co-pre-emptor. Secondly, the summons shown to have served cannot be treated as good service, so according to him the application under section 96(4) of the Act was filed by a the ......rding to him, subsequent application or transposition of the opposite party No.23 as co-pre-emptor dated 7-7-1999 was barred by limitation. He lastly submits that on consideration of the materials on record the Court of appeal below rightly held that the application for transposition of the opposite......s behalf his brother Nurul Huda (opposite party No.21) received the summons who was not the recognised agent of the co-pre-emptor. Secondly, the summons shown to have served cannot be treated as good service, so according to him the application under section 96(4) of the Act was filed by a the pre-e..Category: Administrative Law | Date: | Hits: 230
.... the plaintiff's dismissal shall be treated to be special leave without pay and other benefits.
Send down the LC records accordingly.
Ed.
This Case is also Reported in: 62 DLR (HCD) (2010) 41....... The learned Assistant Judge framed issues in the suit. Both the parties adduced evidence on the issues and the learned Assistant Judge having considered the cases of both the parties and evidence on record held that the plaintiff was not absent from school and she was illegally dismissed from her s......be set aside and/or any other order passed this Court may seem fit and proper.
2. The petitioner as plaintiff tiled the aforesaid suit for declaration that her dismissal order dated 19-6-1997 from service was illegal, collusive and without jurisdiction, with a further declaration that she was sti..
Category: Employment/Service Law | Date: | Hits: 118
....
The leave petitions are disposed of with the above observations and modifications of the earlier as well as the impugned judgments.
Ed.
This Case is also Reported in: 17 BLC (AD) (2012) 91.
......n respect of the said project by following the government approved rules; and (b) such officer or employee who has continuity in service; and (c) such officer or employee who has satisfactory service record are eligible for consideration. In Rule 7 the Government reserved power to make such order in......ion seeking a direction upon the writ respondents who are petitioners herein to issue permanent appointment letters in their respective posts or in the alternative, they sought for transferring their services in the revenue set up. They claimed that they were appointed in different projects under th..
Category: Employment/Service Law | Date: | Hits: 147
State Vs. Md. Shahidul Islam and others, 2011, 40 CLC (AD)
....large the respondent Nos.2-6 on bail to its satisfaction, if they submit bail bonds and to take other accused including the respondent No.1 into the custody. Ed. This Case is also Reported in: ......esses. We have heard the learned Attorney General and the learned counsel appearing for the respondents. It is contended that the High Court Division on a superficial consideration of the evidence on record disbelieved the prosecution case, inasmuch as, P.Ws.3, 5, 8 and 9 who are eye witnesses of th......large the respondent Nos.2-6 on bail to its satisfaction, if they submit bail bonds and to take other accused including the respondent No.1 into the custody. Ed. This Case is also Reported in: ..Category: Criminal Law | Date: | Hits: 69
.... appreciation of the facts and circumstances of the case.
We do not find any merit in the leave petition.
Accordingly, the petition is dismissed.
Ed.
This Case is also Reported in:
...... of the High Court Division.
7. We have considered the submission of the learned Counsel for the parties and perused the impugned judgment of the High Court Division and other connected papers on record.
8. From the judgment of the High Court Division it appears that the increase in the pric...... appreciation of the facts and circumstances of the case.
We do not find any merit in the leave petition.
Accordingly, the petition is dismissed.
Ed.
This Case is also Reported in:
..
Category: Civil Law | Date: | Hits: 70
Abdul Mataleb Howlader and others Vs. State, 2003, 32 CLC (HCD)
....d by this Court earlier, stands vacated. Send a copy of this judgment to the Court concerned at once for information and necessary action. Ed. This Case is also Reported in: 56 DLR (2004) 607....... against the Druta Bichar Tribunal wherein the present case has been sent for trial and, as such, the prayer for transfer of the case may not be considered. He lastly submits that there is nothing on record to show for the present that Barisal Divisional Headquarter is outside Bangladesh and that th......d by this Court earlier, stands vacated. Send a copy of this judgment to the Court concerned at once for information and necessary action. Ed. This Case is also Reported in: 56 DLR (2004) 607...Category: Criminal Law | Date: | Hits: 86
Azad Hossain (Md) Vs. State, 2003, 32 CLC (HCD)
....with the Special Tribunal Case No. 41 of 1996 immediately, if not wanted in connection with any other case. Communicate the order at once. Ed. This Case is also Reported in: 56 DLR (2004) 602.......roduced by him before the Tribunal has been kept behind the bars by the Tribunal without any such offence being committed by him. He submits that the learned Judge neither considered the materials on record nor caused any inquiry to ascertain the facts rather most illegally rejected the petition and......with the Special Tribunal Case No. 41 of 1996 immediately, if not wanted in connection with any other case. Communicate the order at once. Ed. This Case is also Reported in: 56 DLR (2004) 602...Category: Criminal Law | Date: | Hits: 73
Dr. Qazi Faruque Ahmed Vs. State, 2004, 33 CLC (HCD)
....the petitioner the trial Court shall have the liberty to deal with the question of bail of the accused‑petitioner in accordance with law. Ed. This Case is also Reported in: 56 DLR (2004) 600. ......his petitioner does not deserve bail in the present case at this stage, which involves capital punishment as well. 7. Heard the learned Counsels, perused the petition and the relevant materials on record. It is to be noted at the outset that despite service of notice upon the opposite party, in d......ase at this stage, which involves capital punishment as well. 7. Heard the learned Counsels, perused the petition and the relevant materials on record. It is to be noted at the outset that despite service of notice upon the opposite party, in due course, no counter affidavit on its behalf, has be..Category: Criminal Law | Date: | Hits: 81
Kazi Liakat Ali and others Vs. Chairman, Civil Aviation Authority and another, 2003, 32 CLC (HCD)
....at the time of their initial appointments that they would be permanently absorbed within a specified time. Such assurance was consistent with previous actions taken by the respondents in 1991, when a good number of workers of various categories including cleaners were permanently absorbed. But respo......harged. The order of stay granted by this Court at the time of issuance of the Rule is hereby vacated. We however, make no order as to costs. Ed. This Case is also Reported in: 56 DLR (2004) 595.......tment of private cleaning contractors. Such activities of the respondents are violative of the legal rights of the petitioners based on their legitimate expectations to be permanently absorbed in the service of the Authority as aforesaid. 3. Respondent No. 2 opposed the Rule by submitting an affi..Category: Employment/Service Law | Date: | Hits: 125
Al Baraka Bank Bangladesh Ltd. Vs. Rina Alam and another, 2004, 33 CLC (HCD)
....o return the deed in question and therefore, not same as that of the suit of the bank. Relief sought for in the suits is not the same. Both suits continued side by side before two forums for a pretty good time. No step was taken by the bank either before the Civil Court or Artha Rin Adalat to stay f...... title deeds and (b) whether the decree of the Artha Rin Adalat dated 24‑5‑2001 would act and/or operate as res Judicata for the present suit are the moot issues facing us. We have perused the record as placed. 31. As stated above, the plaintiff deposited her title deed No. 788 creating mo......ffirmed. The bank is directed to return the schedule document within seven days of receipt of this judgment. Send down the LCR at once. Ed. This Case is also Reported in: 56 DLR (2004) 588...Category: Civil Law | Date: | Hits: 109
Abdul Mazid Khan and others Vs. Ali Howlader and others, 2003, 32 CLC (HCD)
....e learned Subordinate Judge, Bhola in Title Suit No. 104 of 1982 is set aside. Communicate the order at once to the learned Court below. Ed. This Case is also Reported in: 56 DLR (2004) 587. ...... of possession not being relevant, there is no need for appointment of any receiver. Although it is found that the receiver was appointed on the mutual consent of the parties, yet there is nothing on record to indicate what weighted with the learned Subordinate Judge in appointing a receiver for the......e learned Subordinate Judge, Bhola in Title Suit No. 104 of 1982 is set aside. Communicate the order at once to the learned Court below. Ed. This Case is also Reported in: 56 DLR (2004) 587. ..Category: Civil Law | Date: | Hits: 89
Hasan Rony Vs. State, 2004, 33 CLC (HCD)
....d against him and he is acquitted thereof. Appellant Hasan Rony be set at liberty at once, if not wanted in connection with any other case. Ed. This Case is also Reported in: 56 DLR (2004) 580. ......ur Rahman (PW 8) and Mejbahul Alam (PW 9) a Sub‑Inspector of Police besides the informant (PW 1). 4. The testimony of PW 1 has been mentioned above while narrating the prosecution case. PW 2 had recorded the confessional statement of the appellant on 18‑4‑2002 and proved the appellant's sig......d against him and he is acquitted thereof. Appellant Hasan Rony be set at liberty at once, if not wanted in connection with any other case. Ed. This Case is also Reported in: 56 DLR (2004) 580. ..Category: Criminal Law | Date: | Hits: 128
Abdur Rashid Chowdhury Vs. Additional District Judge and others, 2003, 32 CLC (HCD)
....by directed to proceed with the suit by issue of the summons/notice however, in accordance with law, expeditiously. Communicate at once. Ed. This Case is also Reported in: 56 DLR (2004) 573. ......by directed to proceed with the suit by issue of the summons/notice however, in accordance with law, expeditiously. Communicate at once. Ed. This Case is also Reported in: 56 DLR (2004) 573. ......D) 86 were cited. 15. The facts do not appear to be disputed. On 25‑4‑2000 the petitioner as plaintiff presented a plaint along with the copies of documents and 'Talabana' before the Court for service of notice. 16. In the plaint, it is averred that defendant No. 1 Shinepukur Holding Limit..Category: Others | Date: | Hits: 185
Md. Iqbal Hossain Vs. Government of Bangladesh and others, 2011, 40 CLC (AD)
....passed by the High Court Division. Accordingly, the civil petition for leave to appeal is dismissed with the observation made above. Ed. This Case is also Reported in: 17 BLC (AD) (2012) 42. ......retation of section 9(2) (ga) of the Local Government City Corporation Election Ain, 2009 and, as such, no interference is called for. 10. We have considered the impugned order and other papers on record. The leave-petitioner was not made party to the writ petition. Therefore, he obtained permiss......passed by the High Court Division. Accordingly, the civil petition for leave to appeal is dismissed with the observation made above. Ed. This Case is also Reported in: 17 BLC (AD) (2012) 42. ..Category: Election Law | Date: | Hits: 250
Rashedul Alam Chowdhury Vs. ASM Shahajahan and another, 2011, 40 CLC (AD)
.... and orders of the High Court Division do not call for any interference by this Division. Accordingly, these petitions are dismissed. Ed. This Case is also Reported in: 17 BLC (AD) (2012) 39.......We have considered the submissions of the learned Counsel for the petitioner and respondent No.1 and perused the impugned judgments and orders of the High Court Division and other connected papers on record. 11. The petitioner before us has not a any point of time denied the issuance of the chequ......ve notice as contemplated under section 138(1) (b) of the Act it must be served in any of the three modes prescribed in sub-section (1A) of the Act. He also submits that non-mentioning of the mode of service of the notice and the date of receipt of the Notice amounts to non-service of notice under s..Category: Criminal Law | Date: | Hits: 75
Shahid Hamid and another Vs. Nilufar Momtaz and anothe, 2011, 40 CLC (AD)
....r proceeding shall be entertained in any Court against any Board or any Officer Commanding a station, or against any member of a Board, or against any officer or servant of the Board, for anything in good faith done, or intended to be done, under Act or any Rule or bye-law made thereunder. 13. Ad......erference. Therefore, we do not find any substance in this appeal. Accordingly, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 17 BLC (AD) (2012) 34. ......hich may be claimed in the suit. The section being a mandatory one is to be complied with and is applicable to all forms of action and all kinds of reliefs sought against Cantonment Board. Therefore, service of notice is mandatory before institution of a suit otherwise such a suit is incompetent. ..Category: Property Law | Date: | Hits: 81
Govt. of People's Republic of Bangladesh Vs. Md. Habibur Rahman @ Manu, 1978, 7 CLC (AD)
....on and no consideration of the merit of the case or the detention order arises and so this appeal is disposed of in the terms aforesaid. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 152.......on and no consideration of the merit of the case or the detention order arises and so this appeal is disposed of in the terms aforesaid. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 152.......on and no consideration of the merit of the case or the detention order arises and so this appeal is disposed of in the terms aforesaid. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 152...Category: Criminal Law | Date: | Hits: 63
....itability, salary, and treatment of the period of absence, etc., which are exclusively within the competence of the relevant executive authorities and can only be decided by those authorities after a good deal of examination and care, involving the exercise of discretion and Judgment in regard to ma......gment of the Appellate Division passed in Civil Petition for Leave to Appeal No.354 of 2004. In that Judgment the Appellate Division observed as under:
''In the instant case from the materials on record it is seen that BJMC acted illegally or for that matter Government in terminating the service......ourt may seem fit and proper.
2. The facts leading to the issuance of the Rule, in brief, are:
The petitioners were employees of the Bangladesh Jute Mills Corporation (shortly, BJMC) and their services were terminated on 29-8-2002. 86 terminated employees had preferred Writ Petitions against ..
Category: Criminal Law | Date: | Hits: 83
Mantu Faraji alias Jamal Faraji and others Vs. Mahiuddin Khan, 1996, 25 CLC (HCD)
....Tenancy (Amendment) Ordinance, 1967 and after the amendment of 1967 difference of opinion arose as to whether the law enunciated by the Pakistan Supreme Court in Civil Appeal No.47-D of 1963 is still good law. In Noor Jahan Begum Vs. Md. Tabarak Ali (Civil Revision No .639 of 1969) a Single Bench of...... is a raiyati land within a village and so section 96 of the Act is attracted. In the result, the Rule is discharged without cost. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 147. ...... is a raiyati land within a village and so section 96 of the Act is attracted. In the result, the Rule is discharged without cost. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 147. ..Category: Property Law | Date: | Hits: 70
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