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....s statement without filing an affidavit-in-opposition controverting the statements made in the Writ Petition and or placing the relevant materials that the Advisory Board found the order of detention good and recommended for further detention, is not sufficient to justify such detention, or its exte......preventive detention curtailing his fundamental rights. Such satisfaction of the Court must be objective satisfaction i.e. judicial satisfaction, on scrutiny of materials available against him in the record.
8. Under section 12 of the Special Powers Act, 1974 the Government may continue the deten......ngla, District Bagerhat, now detained in Bagerhat district jail, be set at liberty forthwith, if not wanted in connection with any other case.
Ed.
This Case is also Reported in: 57 DLR (2005) 32...
Category: Criminal Law | Date: | Hits: 64
Emdadul Hoque Vs. State, 2004, 33 CLC (HCD)
....ot examined by the prosecution. The defence declined to cross-examine them. 13. P.W.4, a neighbour of the place of occurrence house, said that the relationship of the deceased with the accused was good and that the accused did not beat her to death as alleged, but she committed suicide by hanging......morgue for holding post‑mortem examination, visited the place of occurrence and prepared sketch-map with separate index thereof, seized alamats by preparing seizure list, examined the witnesses and recorded their statements under section 161 of the Code of Criminal Procedure and thereafter submitt......n. Send down the LC records along with a copy of this judgment to the trial Court concerned immediately for information and necessary action. Ed. This Case is also Reported in: 57 DLR (2005) 21. ..Category: Criminal Law | Date: | Hits: 76
Abdur Rahman Dhali and others Vs. State, 2004, 33 CLC (HCD)
....ation to the higher authority of the concerned Food Department, Barisal alleging, inter alia, that one Mollah Kamruzzaman, Ex‑Food Officer, Hizla took an amount of Taka 66,514.21 as price of ration goods in order to deposit in Government treasury and dishonestly misappropriated the said amount of ......fence punishable under sections 409/467/468/471/420 of the Penal Code. On receipt of this allegation authority referred the matter to the District Anti-Corruption Bureau, Barisal on 25‑9-1990 and recording an ER case on 10‑2‑1991 the same was endorsed to one Md. MA Rashid, Assistant Inspecto......rt of Divisional Special Judge, Barisal at once directing to ensure the trial of the accused Mollah Kamruzzaman at the earliest opportunity. Ed. This Case is also Reported in: 57 DLR (2005) 17. ..Category: Criminal Law | Date: | Hits: 85
Abdul Mannan Bhuiyan (Md.) Vs. University of Rajshahi and others, 2004, 33 CLC (HCD)
.... Mamunur Rashid, Advocate, on behalf of the respondent Nos. 1 and 2. 5. Mr. Md. Tajul Islam, the learned Advocate appearing on behalf of the petitioner, submits that the petitioner was all along a good student securing high marks in all his examinations from First Year Final LLB(Hon's) Examinatio......ding the application of the petitioner a cost should be imposed. In the result, the rule is made absolute with a cost of Taka 5,000 only. Ed. This Case is also Reported in: 57 DLR (2005) 14. ......ding the application of the petitioner a cost should be imposed. In the result, the rule is made absolute with a cost of Taka 5,000 only. Ed. This Case is also Reported in: 57 DLR (2005) 14. ..Category: Others | Date: | Hits: 157
Abdus Sattar Pramanik (Md) and another Vs. State and another, 2003, 32 CLC (HCD)
....r of stay granted at the time of issuance of the Rule is hereby recalled. Communicate a copy of this order to the Court concerned at once. Ed. This Case is also Reported in: 56 DLR (2004) 453.......ncerning Other Class Suit No. 133 of 1941. Also it was stated in the said inquiry report that in the dispatch Register of Class I suit for the year 1942 of the Court of Subordinate Judge, there is no record of Suit No. 133 of 1941. The finding of the inquiry is that no Suit No. 133/41 was filed on 2......r of stay granted at the time of issuance of the Rule is hereby recalled. Communicate a copy of this order to the Court concerned at once. Ed. This Case is also Reported in: 56 DLR (2004) 453...Category: Criminal Law | Date: | Hits: 62
Fazlur Rahman (Md) Vs. Md. Abdul Hamid, Advocate and others, 2002, 31 CLC (HCD)
....r his election, to make and subscribe the oath or affirmation prescribed for a Member of Parliament in the Third Schedule: Provided that the Speaker may, before the expiration of that period, for good cause extend it; (b) if he is absent from Parliament, without the leave of Parliament for ni...... taken in this writ petition. So, the Rule is liable to be discharged. In the result, the Rule is discharged without any order as to cost. Ed. This Case is also Reported in: 56 DLR (2004) 448....... taken in this writ petition. So, the Rule is liable to be discharged. In the result, the Rule is discharged without any order as to cost. Ed. This Case is also Reported in: 56 DLR (2004) 448...Category: Constitutional Law | Date: | Hits: 242
....2002, 832 of 2003, 728 of 2003, 2014 of 2003 and 2562 of 2003, therefore, have no substance and are discharged without any order as to costs.
Ed.
This Case is also Reported in: 56 DLR (2004) 444.......2002, 832 of 2003, 728 of 2003, 2014 of 2003 and 2562 of 2003, therefore, have no substance and are discharged without any order as to costs.
Ed.
This Case is also Reported in: 56 DLR (2004) 444.......le has been formulated by taking into consideration the need to create greater employment opportunities for the large number of Moulanas and unemployed people on the one hand, and providing efficient service for registration of marriages and divorces to the growing population of the country on the o..
Category: Civil Law | Date: | Hits: 70
Abdus Salam (Md) Vs. University of Rajshahi & others, 2004, 33 CLC (HCD)
....erty to proceed against the petitioner in accordance with law. In the result, this Rule is made absolute but without any order as to costs. Ed. This Case is also Reported in: 56 DLR (2004) 441. ...... issuance of the said notice to show cause were preliminary enquiries. On the basis of the findings made on those enquiries specific charges were framed contained in the said notice to show cause. On record, we do not find any other or further enquiry on any of those charges. But it is the requireme......rsity of Rajshahi and others to show cause as to why the order of dismissal (Annexure N (1) to the petition) dated 7‑5‑2001 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 autho..Category: Employment/Service Law | Date: | Hits: 60
Padma Oil Co. Ltd. Vs. Registrar of Trade Unions & another, 2003, 32 CLC (HCD)
....he prayer of the petitioner for cancellation of registration of respondent No.2 Trade Union (respondent No. B‑48) in accordance with law. Ed. This Case is also Reported in: 56 DLR (2004) 438. ......he prayer of the petitioner for cancellation of registration of respondent No.2 Trade Union (respondent No. B‑48) in accordance with law. Ed. This Case is also Reported in: 56 DLR (2004) 438. ......No. B‑48) was not legally constituted as per law because the Executive Committee consisted of disqualified persons as President, General Secretary and Member, who were terminated and dismissed from service on 10‑7‑97 and 29‑4‑98. This fact was brought to the notice of respondent No.1 by th..Category: Labour and Industrial Law | Date: | Hits: 158
Rajab Ali Zulfiqar Vs. State, 1993, 22 CLC (HCD)
....o surrender to his bail bond and serve out the remaining sentence at once. Let the, records of the, case be sent down immediately. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 705. ...... The accused appellant from the very beginning was absconding and in spite of issuance of Proclamation and Attachment and Warrant of Arrest his attendance could not be secured in Court and ultimately records of the case along with charge sheet were transmitted to the Court of the learned Sessions Ju...... document is found to be necessary as an evidence in this case in the interest of justice, still for want of fulfillment of the other essential conditions for pressing the said paper or document into service an additional evidence by the accused appellant at this appellate stage, when there is no io..Category: Criminal Law | Date: | Hits: 92
Air Marshal Jamaluddin Ahmed (Retd) Vs. Government of Bangladesh and others, 2004, 33 CLC (HCD)
....on table for settlement of a pension case but the petitioner had so far crossed 8 stages and now it is stuck up for his involvement in the criminal case because grant of pension is subject to further good conduct and not otherwise. 4. Further case of the Parties: An affidavit-in-reply on behal......oner: Mr. AFM Mesbahuddin, the learned Advocate appearing on behalf of the petitioner, submits that the petitioner joined the Air Force of former Pakistan as a GD Pilot in 1966 and had a brilliant record as an Officer both in Pakistan Air Force as well as in Bangladesh Air Force. He maintained an......The petitioner was promoted to the rank of Air Vice Marshal and was appointed as Chief of the Air Staff, Bangladesh Air Force on 4‑6‑1995 and retired on 3‑6‑2001, after a long and meritorious service of 36 years. As a recognition of his brilliant performance and contribution to Bangladesh Ai..Category: Employment/Service Law | Date: | Hits: 148
State Vs. Abdul Hatem, 2003, 32 CLC (HCD)
....Jamalpur in Sessions Case No. 76 of 1999 arising out of Sarishabari Police Station Case No. 19(6)/97 corresponding to GR Case No. 462(2)97. Ed. This Case is also Reported in: 56 DLR (2004) 431. ......dences testified that Rahima Khatun made disclosure to them that, condemned prisoner inflicted dagger blow on her belly. 10. Learned trial Judge discussed and considered evidences and materials on record and also, fact and circumstances of the case took into account of long abscondence of condemn......om the side of father, mother and family members of Rahima Khatun. 11. Sustainability of the conviction and sentence awarded upon condemned prisoner had been attempted to be assailed pressing into service contention that incriminating dagger with which condemned prisoner allegedly inflicted blow ..Category: Criminal Law | Date: | Hits: 75
Mozibar Rahman Molla (Md) and another Vs. Rehazuddin and others, 2003, 32 CLC (HCD)
....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.......vocate appearing with Ms. Sarwat Binte Islam on behalf of the petitioners, submits that in the instant case both the trial Court as well as the appellate Court did not at all consider the evidence on record in arriving at their decisions in the case. In elaborating his submission, the learned Advoca......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)
.... election for the post of Chairman of No.15 North Ichapur Union Parishad immediately in accordance with law. Send down the records at once. Ed. This Case is also Reported in: 56 DLR (2004) 424. ......he date of filing of the nomination paper and thus he was qualified to be a candidate for the post of Chairman of the said Union Parishad. On appeal, the Appellate Tribunal considered the evidence on record, both oral and documentary, and came to the definite finding that the petitioner failed to pr...... election for the post of Chairman of No.15 North Ichapur Union Parishad immediately in accordance with law. Send down the records at once. Ed. This Case is also Reported in: 56 DLR (2004) 424. ..Category: Election Law | Date: | Hits: 156
....tainable, we do not think it is necessary to consider other grounds.
In the result, the Rule is discharged with no order as to costs.
Ed.
This Case is also Reported in: 49 DLR (HD) (1997) 27. ......hat he might be exonerated of the charges (Annexure‑G).
5. The Inquiry Officer fixed 14‑5‑81 for holding inquiry. It is alleged by the petitioner that during the inquiry, the Inquiry Officer recorded answers of 2 witnesses to questionnaires in his presence but answers to questionnaires of 4......ial Judge acquitted the petitioner by his judgment and order, dated 18‑9‑89 (Annexure‑M). The petitioner again filed a petition on 14‑12‑89 to the respondent No.2 for reinstating him in the service. The Deputy Manager, (Administration), by his Memo No.PSB (Pra:1/8 S‑18/89‑90/704, dated..
Category: Criminal Law | Date: | Hits: 78
Commander (Rtd) A A Chowdhury Vs. AKM Imam Hossain and others, 1996, 25 CLC (HCD)
.... reference by this Court. In the result, the Rule is discharged with costs. The stay granted earlier by this Court is hereby vacated. Ed. This Case is also Reported in: 49 DLR (HD) (1997) 23 ...... the knowledge and consent of the plaintiff No.2 and that defendant No.2 has been carrying on his business of Travel Agency therein in the name of Arabian World Aviation Private Ltd. That in order to record the consent of the plaintiff No.2 a rent receipt for the month of February 1989 was issued sh......3‑1986 at a rent of Taka 8000.00 per month expired on 1‑3‑1991, but that the defendant No.1 did not vacate the suit premises as per terms of agreement and so the plaintiffs filed the suit after service of notice under section 106 of the Transfer of Property Act. It appears that the defendant N..Category: Property Law | Date: | Hits: 65
Mokbul Ahmed Vs. Shamsul Rashid and others, 1996, 25 CLC (HCD)
....in Civil Revision No.250 of 1991 for stay has become infructous and the same is, accordingly, discharged without any order as to costs. Ed. This Case is also Reported in: 49 DLR (HD) (1997) 18. ......es Helimullah executed a sale deed on 19‑11‑18 corresponding to 3rd Agrahayan, 1325 BS in favour of his said 4 sons who on purchase have been possessing the same having mutated their names in the record of right. A part of the suit property devolved upon the petitioner as the heir of Ishque Rash......in Civil Revision No.250 of 1991 for stay has become infructous and the same is, accordingly, discharged without any order as to costs. Ed. This Case is also Reported in: 49 DLR (HD) (1997) 18. ..Category: Trust/Waqf Law | Date: | Hits: 165
Abu Bakkar Siddique Vs. Justice Shahabuddin Ahmed and others, 1996, 25 CLC (HCD)
....hancement of the prestige of democracy regardless of the consequences. Learned Advocate Mr. Md. 'Moksudur Rahman appearing for the respondent No.2, the Chief Election Commissioner, has presented us a good affidavit in‑opposition on behalf of his client. 57. Amongst the three friends of the Cour...... of the Constitution for preferring an appeal before the Appellate Division against our judgment. There will be no order as to costs. Ed. This Case is also Reported in: 49 DLR (HD) (1997) 1. ...... has held office as a Judge otherwise than as an Additional Judge shall not, after his retirement or removal therefrom, plead, or act before any Court or authority or hold any office of profit in the service of the Republic not being a judicial or quasi‑judicial office, or the office of Chief Advi..Category: Constitutional Law | Date: | Hits: 200
Ripon Howlader Vs. State, 2009, 38 CLC (AD)
....the above, we find no substance in the submissions of the learned Advocate for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 715.......and claimed to be tried. The trial was held in absence of absconding accused Hanif and Masum. They were defended by State defence lawyer. 4. During trial the Additional Sessions Judge, Jhalakathi, recorded the evidence of two prosecution witnesses. At that stage of the trial the case was transfer......the above, we find no substance in the submissions of the learned Advocate for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 715...Category: Criminal Law | Date: | Hits: 81
Md. Moniruzzaman alias Chaklet and others Vs. State, 2009, 38 CLC (AD)
....ntence of the petitioners is commuted to rigorous imprisonment for 14 (fourteen) years. The sentence of fine is, however, maintained. Ed. This Case is also Reported in: VIII ADC (2011) 711.......000. 4. The case was sent to the Nari-O-Shishu Nirjatan Daman Tribunal, Jessore for trial who took cognizance and held trial examining as many as 11 witnesses and after considering the evidence on record found accused Md. Moniruzzaman @ Chaklet, Masud Rana, Md. Mostak, Driver Abul Kalam and helpe......ntence of the petitioners is commuted to rigorous imprisonment for 14 (fourteen) years. The sentence of fine is, however, maintained. Ed. This Case is also Reported in: VIII ADC (2011) 711...Category: Criminal Law | Date: | Hits: 70
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