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Nurul Islam & others Vs. State, 1986, 15 CLC (HCD)

....m. It is directed that they should be set at liberty forthwith, if not wanted in any other connection. Sultan Hossain Khan J. - I agree. Ed. This Case is also Reported in: 40 DLR (1988) 122. ......aring their hue and cry his father P.W.6, brother P.W.7, P.W.8 Jalu Sikder, P.W.9 Mofazzal Hos­sain and others rushed to the place of occurrence & saw taking away of the dead body by the accused persons. The accused persons on the arrival of the witnesses fled away. It was also stated in the F...

Category: Criminal Law | Date: | Hits: 27

Md. Makbul Hossain & oth­ers Vs. Sree Shibu Pada Dam, 1987, 16 CLC (HCD)

....ge has rightly rejected their application. The rule is, therefore, discharged without any order as cost. Mustafa Kamal J. - I agree. Ed. This Case is also Reported in: 40 DLR (1988) 120. ...... in 21 DLR, 331, a Division Bench of the Dhaka High Court (as it then was) after considering the 'provisions of Section 283 of the Succession Act, 1925 has held as follows:- "In order to entitle a person to come and see the proceeding before the grant of the probate, he must show that he is inter..

Category: Property Law | Date: | Hits: 54

M.A. Hai and others Vs. Trading Corporation of Bangla­desh, 1987, 16 CLC (HCD)

.... to as the Rules of 1984 are being followed by the Corporation from 21.7.84. 3. In the Rules of 1976, the authority could prescribe a time-limit within which the inquiry should be completed by the Inquiry Officer. No con-sequence was provided for if the time-limit could not be adhered 10. In the ......fty working days from the date the Govern­ment servant is placed under suspension, whichever is earlier, the accused shall stand dis­charged of the charges brought against him and in such event the persons responsible for such failure shall be proceeded against under these rules." 4. It is the ..

Category: Employment/Service Law | Date: | Hits: 80

Mohammod Hossain, Advocate Vs. Quamrul Islam Siddique, Secretary, Ministry of Housing and Public Works, Bangladesh Secretariat, Dhaka and others, 2001, 30 CLC (HCD)

.... disposed of with the above observations. Send down the record. Communicate copy of this judgment to the respondent No. 3 for compliance. Ed. This Case is also Reported in: 54 DLR (2002) 88. ...... reduced to writing by him or under his direction, and be read over to the informant; and every such information, whether given in writing or reduced to writing as aforesaid, shall be signed by the person giving it, and the substance thereof shall be entered in a book to be kept by such officer ..

Category: Anti-Corruption Laws | Date: | Hits: 178

Begum Khaleda Zia Vs. Government of Bangladesh and others, 2010, 39 CLC (HCD)

....his day to the petitioner to vacate the house in question. Sheikh Hassan Arif J.- I agree. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 597, 63 DLR (2011) 385, 8LG (2011) HCD 189. ......ty in question and taking of the same by the petitioner as a lessee has been illegal, unethical and unfair and also against public interest. The respondents have stated also that many other important persons made invaluable contribution in the emergence of the Republic of Bangladesh and some of them..

Category: Property Law | Date: | Hits: 88

State Vs. Shahin and others, 2009, 38 CLC (AD)

....cision and there is no illegality or infirmity in the above decision so as to call for any interference. The petition is dismissed. Ed. This Case is also Reported in: 18 BLT (AD) (2010) 465. ...... not disclose anything to the attending doctor, nurse or wardboy and in the case reported in 10 DLR(AD) it has been held that a dying declaration is highly doubtful and cannot be relied for finding a person guilty of the offence of murder and that in the instant case the physical condition of the vi..

Category: Criminal Law | Date: | Hits: 33

State Vs. Rafiqul Islam alias Gadan, 2002, 31 CLC (HCD)

....y of this judgment be forwarded to the court of Additional Sessions judge, Court No‑1, Pabna for necessary action in accordance with law. Ed. This Case is also Reported in: 55 DLR (2003) 61. ...... of the informant, PW 1 was returning from Dulauri Hut by driving his van with passengers and on the way when he reached Denim Atiqulla Road and a banyan tree by the road side of the road the accused persons stopped them and while committing dacoity on the passengers, Rajah Ali opposed and he was do..

Category: Criminal Law | Date: | Hits: 38

Abu Bakar Siddique Vs. Md. Khorshed Alam & ors., 2001, 30 CLC (HCD)

....this Rule is discharged without any order as to costs on the ground of maintainability with the findings and observations made herein above. Ed. This Case is also Reported in: 54 DLR (2002) 75. ......ied himself that the decree had been drawn up in accordance with the judgment he shall sign the decree. Rule 13 of Order XXVI of the Code speaks about the power of Court to issue a commission to such person to make the partition or separation according to the rights as declared in a preliminary decr..

Category: Property Law | Date: | Hits: 32

Salim (Md) Vs. Assistant Commissioner of Land and Chairman, Debt Settlement Board and others, 2001, 30 CLC (HCD)

.... (Pathar) 89-90 Patharghata, District Barguna is hereby declared to have been passed without jurisdiction and to be of no legal effect. Ed. This Case is also Reported in: 54 DLR (2002) 72. ......ive remedy does not debar the exercise of jurisdiction by the High Court Division under Article 102 of the Constitution when the facts and circumstances of a particular case are such that the accused person had no reasonable opportunity to avail of the statutory remedy under section 30 of the Specia..

Category: Property Law | Date: | Hits: 24

Farzana Moazzem Vs. Securities and Exchange Commission and others, 2001, 30 CLC (HCD)

.... above terms without any order as to costs. Let copies of the judgment be expeditiously sent to respondents No.1 and 3 for necessary action. Ed. This Case is also Reported in: 54 DLR (2002)66.......resent has no cause of action against DSE. In addition to his foregoing submissions, Mr. Rashid vehemently contends that the instant writ petition is not maintainable, inasmuch as the DSE is not a “person performing any functions in connection with the affairs of the Republic or of a local authori..

Category: Business or Commercial Law | Date: | Hits: 210

Khondaker Modarresh Elahi Vs. Government of the People’s Republic of Bangladesh, 2000, 29 CLC (HCD)

....I concur with the judgments delivered by my learned brothers Mainur Reza Chowdhury and Syed JR Mudassir Hussain, JJ, in discharging the Rule. Ed This Case is also Reported in: 54 DLR (2002) 47. ......legal. In the recent past the opposition parties led by Bangladesh Nationalist Party called hartal on 26-1-99. This hartal was called for 60 hours from 9 February to 11 February 1999 during which six persons died, a police constable Tajuddin who had been wounded at Tantibazar area when a bomb hurled..

Category: Constitutional Law | Date: | Hits: 216

City Sugar Industries Ltd. and others Vs. Human Rights and Peace for Bangladesh, 2010, 39 CLC (AD)

....i.e. let the safety of the people be the Supreme law. We find no substance in these petitions which are accordingly dismissed. Ed. This Case is also Reported in: 15 MLR (AD) (2010) 389. ......াধার সংরক্ষণ আইন, ২০০০ it is prohibited to change the nature of any land that has been earmarked as a natural reservoir. As per section 8 of the said law any person who acts in contravention of the Act is liable to imprisonment not exceeding 5 years or a fin..

Category: Environmental Law | Date: | Hits: 344

Mohammad Reazaul Karim and others Vs. A. B. M. Khalequzzaman and others, 2010, 39 CLC (AD)

....r no interference by this Court. In the result, all the appeals are dismissed without any order as to costs. Ed. This Case is also Reported in: 15 MLR (AD) (2010) 369, 62 DLR (AD) (2010) 411.......e is recorded in the share register of the company; a fixed record date of 25.09.2005 would ignore the practical situation that hundreds of thousands of shares have passed hands in the meantime and a person who had sold his shares and severed his connection with the company will be deemed to be shar..

Category: Company Law | Date: | Hits: 191

Momena Begum Vs. Dhaka City Corporation and others, 2002, 31 CLC (HCD)

....m the case of Dr. MO Gani Vs. Dr. ANM Mahmood, 18 DLR (SC) 463. Accordingly, the Rule is discharged, however, without any order as to cost. Ed. This Case is also Reported in: 55 DLR (2003) 43.......erefore, when the opposite parties came to know about the direction given by this Court in Civil Rule No. 229 (MF) of 1999 they had little to do as the plaintiff of the suit appears to be a different person other then the original allottee and further, the opposite parties were confronted with two c..

Category: Property Law | Date: | Hits: 34

Bhola Vs. State, 2001, 30 CLC (HCD)

....s order dated 29‑10‑91 is upheld with the above modification and the appeal is dismissed. Send down the lower court's record immediately. Ed. This Case is also Reported in: 55 DLR (2003) 36.......or 30 years and to pay the fine of Taka 10,000, in default to suffer rigorous imprisonment for 5(five) years more with a direction to the Deputy Commissioner, Sherpur to realise fine from the convict persons and to pay 3/4th of the money to the heirs of the deceased and to keep 1/4th of fine in the ..

Category: Criminal Law | Date: | Hits: 41

Moyezuddin Sikder and ors. Vs. State, represented by the DC, Khulna, 2007, 36 CLC (HCD)

....n with a non-obstante expression. Accordingly, the question raised at the Bar is hereby resolved with the observations as above. Ed. This Case is also Reported in: 59 DLR (2007) 287. ......stand void and be of no effect." 16. He has also referred to the Indemnity Ordinance of 1975, being Ordinance No. LX of 1975, where restriction of taking any legal or other proceedings against persons in respect of certain acts and things were brought and the Ordinance was promulgated in the ..

Category: Criminal Law | Date: | Hits: 50

Abdul Malek (Md) Vs. Bangladesh and others, 2006, 35 CLC (HCD)

....ave been passed without lawful authority and the same is of no legal effect. In the result, the Rule is made absolute. No costs. Ed. This Case is also Reported in: 59 DLR (2007) 284. ......tition No. 5280 of 1996 in the case of Khandker Shahidul Islam vs. Bangladesh and others, submits that under the similar facts and circumstances the contract of Jamuna Fertiliser Company with another person was found to be a statutory contract by a Division Bench of this Court and the Writ petition ..

Category: Civil Law | Date: | Hits: 74

Dr. Ahmed Majid Vs. Abdul Latif @ Suruj Ali, 2006, 35 CLC (HCD)

.... Court is directed to proceed with the suit in accordance with law. No costs. Communicate the order to the Court below at once. Ed. This Case is also Reported in: 59 DLR (2007) 282. ......e Government and having like jurisdiction, or before the Supreme Court. 9. A Partition Suit is generally filed against the co-sharer and the issues to be decided in such a suit are mainly if a person is a co-sharer of a Khatian the shares of the parties claiming saham, etc., whereas the issue..

Category: Property Law | Date: | Hits: 37

Puspak Kumar Roy and another Vs. Eldrin Khan and others, 2005, 34 CLC (HCD)

..... The order of stay granted earlier by this Court dated 10-4-2004 is hereby vacated. Send down the lower Court's record at once. Ed. This Case is also Reported in: 59 DLR (2007) 263. ...... the above provisions of law it is clear that to get the aid of the Ain the land transferred must be within 1 acre and the valuation of the land transferred shall have to be up to Taka 30,000 and the person seeking the aid of section 6 of the Act has to submit a case before the Rin Salishi Board wit..

Category: Property Law | Date: | Hits: 34

Amirul Islam (Md) Vs. Bangladesh represented by the Secretary, Ministry of Home Affairs and others, 2006, 35 CLC (HCD)

....ioner under suspen­sion on 18-1-2004 and a departmental proceeding was started after supplying relevant papers to him. Former Assistant Police Commissioner, KMP Sul­tana Nazma Hossain was appointed Inquiry Officer to enquire into the matter of allegations who after holding inquiry submitted report......was supplied copies of show cause notice, charge and suspension letter in due time and the petitioner also replied to those letters in time and he was also provided with opportunity of being heard in person. The authority, on being satisfied, discharged the petitioner from service with effect from 1..

Category: Employment/Service Law | Date: | Hits: 67