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S. M. Qamruzzaman Vs. State, 1980, 9 CLC (HCD)
.... and serve out the remainder of the sentence. The order granting stay of realisation of fine is vacated. Ed. This Case is also Reported in: 1 BLD (HCD) (1981) 107. ......p;……………….......................Respondent Judgment July 16, 1980 Result: The appeal is dismissed. Case Referred to- Kashi Nath Panday Vs. Emperor. AIR 1942 Cal. 214; Subramoniam Vs. Public Prosecutor (1956) 1 WLR 965; Telikecher......pellant to satisfy Mr. Rahman. I am not prepared to believe that either late Mr. Rahman or the Deputy Commissioner would be so irresponsible as to lend their assistance in falsely implicating a Govt. servant against whom they had personally nothing. Considering Mr. Mashiur Rahman's standing and ..Category: Criminal Law, Evidence Law | Date: | Hits: 2
Md. Maksudur Rahman @ Masud and others Vs. State, 2007, 36 CLC (HCD)
....r of stay stands vacated. Communicate the order to the Court below to proceed with the case expeditiously in accordance with law. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 261. ...... Case is also Reported in: 13 MLR (HCD) (2008) 261. ......r of stay stands vacated. Communicate the order to the Court below to proceed with the case expeditiously in accordance with law. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 261. ..Category: Criminal Law | Date: | Hits: 24
Narayan Dash Vs. Md. Mostofa and others, 2007, 36 CLC (HCD)
....et aside. 2. Fact leading to this Rule, in brief, is that the opposite party No.1 as plaintiff instituted the suit against the defendant for declaration that his removal from the post of Headmaster of the Suit School is illegal, inoperative and not binding upon him and that he is still in s...... (2008) 63. ......t is hereby affirmed. The order of stay granted earlier by this Court is hereby vacated. Send down the lower Court records at once. Ed. This Case is also Reported in: 13 BLC (HCD) (2008) 63. ..Category: Employment/Service Law | Date: | Hits: 29
Md. Rafiqullah & another Vs. State, 1986, 15 CLC (HCD)
....alled for u/s. 561A Cr.P.C. by this Court. In the result the application is summarily rejected. Md. Abdul Jalil, J.- I agree. Ed. This Case is also Reported in: 38 DLR (HCD) (1986) 124. ...... Vs. The State………………………………Opposite Party Judgment January 6, 1986. Result: The application is rejected. Cases Referred to- Nader Ali Shaikh Vs. The State and another, 1984 BLD (AD) 1; Una Rindu Bhikku Vs. Abdul Hakim Howlader, BCR 1984 (AD) 159. Lawy......alled for u/s. 561A Cr.P.C. by this Court. In the result the application is summarily rejected. Md. Abdul Jalil, J.- I agree. Ed. This Case is also Reported in: 38 DLR (HCD) (1986) 124. ..Category: Criminal Law | Date: | Hits: 144
Bayazid (Md.) Vs. State, 2009, 38 CLC (HCD)
....ired any where to remove the possibility of doubt being arisen in interpreting any provision of the said Penal Statute and the Rules. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 772. ......o show cause as to why the proceedings of the said Special Case No. 3 of 2009 under section 161 of the Penal Code read with section 5(2) of the Prevention of Corruption Act, 1947 shall not be quashed and/or pass such other or further order or orders as to this Court may seem fit and proper. 2. At......al and in that case interference under section 561A would not be called for. 24. We agree with the proposition that, sanction is not an empty formality, but intended to be a protection to a public servant when prosecuted for an offence which challenged his honesty and integrity. The issue in such..Category: Anti-Corruption Laws | Date: | Hits: 44
Mahmudul Islam Chowdhury Vs. State and another, 2012, 41 CLC (HCD)
....is hereby vacated. Let a copy of the Judgment and Order be sent to the Court below at once for information and necessary action. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 262. ......sion (CriminalRevisional Jurisdiction) Present: Md. Anwarul Hoque J Md. Mozibur Rahman Miah J Mahmudul Islam Chowdhury…………………………Accused-Petitioner Vs. State and another………………………Opposite-Parties Judgment February 22, 2012. Result: ......n the instant case both the recital of the FIR and the Police Report stand to say that this accused-petitioner collected huge amount to the tune of Taka 22/23 lakh by abusing his position as public servant from the bill, submitted by the contractor of this Corporation on the plea to donate the sam..Category: Procedural Law | Date: | Hits: 59
Sufi Samrat Hazrat Mahbub-e-Khuda Vs. RAJUK and others, 2007, 36 CLC (HCD)
....tted complying with the Building Construction Rules, 1996. In the result, the Rule is made absolute without any order as to costs. Ed. This Case is also Reported in: 13 BLC (HCD) (2008) 102. ...... (Special Original Jurisdiction) Present: Zinat Ara J Md. Awlad Ali J Sufi Samrat Hazrat Mahbub-e-Khuda………………………..Petitioner Vs. RAJUK represented by chairman and others…………………………Respondents Judgment March 15, 2007. Result: Th......tted complying with the Building Construction Rules, 1996. In the result, the Rule is made absolute without any order as to costs. Ed. This Case is also Reported in: 13 BLC (HCD) (2008) 102. ..Category: Property Law | Date: | Hits: 64
.... 15.05.1953. Erstwhile Dhaka Improvement Trust (in short, DIT) was formed under the provision of section 4 of the Town Improvement Act, 1953. Under section 73 of the Act, DIT was empowered to prepare master plan for Dhaka and the first master plan for Dhaka was prepared in August, 1958. On 01.02.197......
Civil
Present:
Md. Muzammel Hossain CJ
Surendra Kumar Sinha J
Nazmun Ara Sultana J
Syed Mahmud Hossain J
Muhammad Imman Ali J
Md. Shamsul Huda J
Metro Makers and Developers Limited……Appellant (In Civil Appeal No.256 of 2009)
Bangladesh Environmental......itional paragraph was included at the behest of MMDL.
44. On our query to Mr. Azmalul Hossain, whether a third party is legally entitled to a copy of any official correspondence made by a public servant to any another officer which does not relate to him. Mr. Hossain found it difficult to meet ..
Category: Environmental Law | Date: | Hits: 434
Hachina Begum and others Vs. Abdul Mannan and others, 2010, 39 CLC (HCD)
....arisal in Title Suit No.23 of 1978 is set-aside. Let a copy of the judgment along with lower Court's record be sent down at once. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 628. ......Case is also Reported in: 30 BLD (HCD) (2010) 628. ...... record rightly arrived at a finding that Abdul Latif Mia, the predecessor of the plaintiffs and defendants settled the suit property in the name of his minor son Abdul Kader Mia because he was govt. servant and it was possessed by Abdul Latif Mia during his life time and later on, his five sons pos..Category: Property Law | Date: | Hits: 146
Badsha Alam Vs. State, 2006, 35 CLC (HCD)
....i Ahmed Commissioner Road was taken by the Sub-Assistant Engineer who is a right man to do so. He further submits that the project was implemented after taking delivery of wheat (Exhibit 7 and 8) and master roll was submitted who adjusted the same to the PIO as such question of misappropriation does......arch 14, 2006. Result: The appeal is allowed. In a criminal case, the prosecution can call upon the court to record its verdict of guilty only when it has proved its case by cogent and legal evidence. Suspicion however so high is no substitute of legal evidence and it can never fo....../477(A) of the Penal Code and section 5(2) of the Prevention of Corruption Act, 1947 and he was sentenced there under in different terms. 31. There are three ingredients of section 409: "i. public servant, ii. entrustment with the property, iii. committing a criminal breach of trust in respect of..Category: Criminal Law | Date: | Hits: 76
Labai Pramanik @ Nabab Ali Vs. State, 2005, 34 CLC (HCD)
....lant be set at liberty at once, if not wanted in connection with any other case. Send down the lower court's records immediately. Ed. This Case is also Reported in: 27 BLD (HCD) (2007) 156. ...... The State…………………………………………………………………………..Respondent Judgment July 3, 2005. Result: The Appeal is allowed. Lawyers Involved: Khandakar Saiful Hoque with Khalilur Rahman and Mohmud Hossain Imam-For the Appellants. Golam Kibri......lant be set at liberty at once, if not wanted in connection with any other case. Send down the lower court's records immediately. Ed. This Case is also Reported in: 27 BLD (HCD) (2007) 156. ..Category: Criminal Law | Date: | Hits: 80
Md. Arfan Khan Vs. Bangladesh and others, 2012, 41 CLC (HCD)
....erit in the Rule. Accordingly the Rule is discharged. Stay granted at the time of issuance of the Rule is vacated. Mohammad Bazlur Rahman J. - I agree. Ed. This Case is also Reported in: ......h Court Division (Special Original Jurisdiction) Present: Mohammad Bazlur Rahman J Md. Ruhul Quddus J Md. Arfan Khan …………………………......Petitioner Vs. Bangladesh and others……………………....Respondents Judgment July 15, 2012. Result: The Ru......ants (Discipline and Appeal) Rules, 1985 defines it as follows: 2. (f) ‘misconduct’ means conduct prejudicial to good order or service discipline or contrary to any provision of the Government servants (Conduct) Rules, 1979 or unbecoming of an officer or gentleman and includes- (i) disobed..Category: Constitutional Law | Date: | Hits: 407
Doon Valley Rice Limited Vs. MV Yue Yang and others, 1996, 25 CLC (HCD)
....rcial Area, Dhaka. 5. The defendant No.1 MV Yue Yang, is carrying Chinese flag. The owner and parties interested in the said vessel have been impleaded as defendant No.2. The defendant No.3 is the master and the defendant No.4 is the charterer of the vessel. The defendant No.5 is the Manager Oper......531. ...... well as the application for the return of the plaint are rejected. And the suit is held to be maintainable in Admiralty Jurisdiction. Ed. This Case is also Reported in:48 DLR (HCD) (1996) 531. ..Category: Admiralty Law or Maritime Law | Date: | Hits: 258
M. Anwar Hossain and others Vs. Government of Bangladesh and others, 2011, 40 CLC (HCD)
....l laws. 159. He cited Mexican constitution and submitted that Rule of law is a fundamental feature of our constitution too, which cannot be changed even by the Parliament. “It was Jungle law, masterminded by Ziaur Rahman”, said Mr. Khashru. He insisted that this court has every jurisdic...... This Case is also Reported in: ......া কোনো বাংলাদেশি মানুষের পক্ষেই সম্ভব না।” Sheikh Md. Zakir Hossain J. - I agree. Ed. This Case is also Reported in: ..Category: Criminal Law | Date: | Hits: 154
Dutex Enterprise Co. Ltd. Vs. RMS Textile and Apparels Ltd. and others, 2010, 39 CLC (HCD)
....ssible, preferably within six months from the date of receipt of this order. Office is directed to communicate the order at once. Ed. This Case is also Reported in: 17 MLR (HCD) (2012) 393. ......l Appellate Jurisdiction) Present: Syed Md. Ziaul Karim J Md. Nuruzzaman J Dutex Enterprise Co. Ltd…………………………………………………Appellant Vs. RMS Textile and Apparels Ltd. and others……………..Respondents Judgment July 7, 2010. Result: ......ssible, preferably within six months from the date of receipt of this order. Office is directed to communicate the order at once. Ed. This Case is also Reported in: 17 MLR (HCD) (2012) 393. ..Category: Business or Commercial Law | Date: | Hits: 365
State Vs. Government of Bangladesh and others, 2011, 40 CLC (HCD)
....ovisions of Act No.36 of 2000. D. LEGAL CONSEQUENCES 1. The unauthorized construction of the BGMEA building is liable to face the consequences laid down in section 3B for (a) it is contrary to the master plan (Enclosure-6), (b) it is causing undue inconvenience in the implementation of the projec......l Jurisdiction) Present: AHM Shamsuddin Choudhury J Sheikh Md. Zakir Hossain J The State......................................................Petitioner Vs. Government of Bangladesh and others..........................Respondents Judgment April 3, 2011. Result: The Rule...... constructive knowledge about BGMEA’s bareness of title and the illegality as to the construction of the building. Sheikh Md. Zakir Hossain J. - I agree. Ed. This Case is also Reported in: ..Category: Constitutional Law | Date: | Hits: 642
Veena Khaleque and others Vs. State, 2009, 38 CLC (HCD)
....n 561A of the Code of Criminal Procedure and obtained the Rule. 5. Mr. Md. Monjur Alam, learned Advocate appearing on behalf of the petitioner, submits that as per complaint, admittedly, there was master servant relationship between the accused party and the complainant, the service of complainan......also Reported in: 61 DLR (HCD) (2009) 762. ......of the Code of Criminal Procedure and obtained the Rule. 5. Mr. Md. Monjur Alam, learned Advocate appearing on behalf of the petitioner, submits that as per complaint, admittedly, there was master servant relationship between the accused party and the complainant, the service of complainant was c..Category: Employment/Service Law | Date: | Hits: 238
....cted to pay the salary and other benefit to the petitioner in accordance with law.
10. However, there will be no order as to costs.
Ed.
This Case is also Reported in: 13 MLR (HCD) (2008) 19.
......t:
Mirza Hussain Haider J
Md. Rais Uddin J
Ranjit………………………….Petitioner
Vs.
Bangladesh, represented by the Secretary, Ministry of Jute, Bangladesh Secretariat, Dhaka and others……………………………….Respondents
Judgment
August 5, 2007.
Result:......ision Bench of this Court wherein the facts and circumstances are similar. Therein it has been held “there is no rationality to the submission that the sweepers are not worker and they being public servant as per Act XII of 1974, their retirement age is to be guided by the said Act XII of 1974 eve..
Category: Criminal Law | Date: | Hits: 143
Md. Nur Alam and another Vs. State, 2012, 41 CLC (HCD)
....w for securing their arrest. Send a copy of this judgment and order to the said court along with the lower court records. Md. Emdadul Huq J. - I agree. Ed. This Case is also Reported in: ......ds. Md. Emdadul Huq J. - I agree. Ed. This Case is also Reported in: ......w for securing their arrest. Send a copy of this judgment and order to the said court along with the lower court records. Md. Emdadul Huq J. - I agree. Ed. This Case is also Reported in: ..Category: Criminal Law | Date: | Hits: 170
Makhlekur Rahman Vs. State, 1982, 11 CLC (HCD)
....l bonds forthwith. The Rule is, accordingly, made absolute. Communicate the order at once. Anwarul Hoque Chowdhury J.- I agree. Ed. This Case is also Reported in:35 DLR (HCD) (1983) 72. ...... made absolute. The Code of Criminal Procedure, 1898 (Act No. V of 1898); section 561A In case of prolongation of the proceeding which will amount to a sheer abuse of the process of the Court and harassment of the accused and for ends of justice the proceedings can be quashed……………......his Rule, in brief, are that the petitioner who was an Assistant Tahsilder under the Mirzaganj police station, Patuakhali, between the period of February, 1969 to May 1963 in his capacity as a public servant allegedly realised rents from the tenants and defalcated the same without depositing the amo..Category: Criminal Law | Date: | Hits: 62
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