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Md. Abdur Rashid Sarder Vs. Md. Chandullah Sardar and others, 2010, 39 CLC (HCD)
...., therefore, this rule is also liable to be discharged. Accordingly, the Rule is discharged for default. Send down the Lower Court Records immediately. Ed. This Case is also Reported in: ......plied but it has been alleged by the learned Advocate Mr. Nur Mohammad Miah that the learned Advocate Mr. Fazlul Hoque, who filed the instant revision on behalf of the petitioner, refused to take the notice. 2. Today when the matter is taken up for hearing the learned Advocate Mr. Nur Mohammad Mi...... No. 3699 of 2006. Judgment AFM Abdur Rahman J. - This is a long pending Rule. The learned Advocate Mr. Nur Mohammad Miah appearing on behalf of the opposite party Nos. 1-4 fixed this matter before this court on 6.7.2010 for hearing but as he did not inform the opposite party prior to fixing ..Category: Procedural Law | Date: | Hits: 77
Md. Rafiqul Islam Liton Vs. Noor Mohammad and others, 2010, 39 CLC (HCD)
...., under section 115 of the Code of Civil procedure 1908, issued on 14.7.2003 at the instance of the Plaintiff-Respondent-Petitioner Md. Rafiqul Islam Liton is directed against the judgment and decree dated 4.4.2003 passed by the learned Additional District Judge, 1st Court, Narayangonj in Title Appe......ailure of the defendant to prove his title deed in spite of giving emphasis whether the plaintiff could prove his title deed. The learned Judge of the Appellate Court when such opining failed to take notice of the provision of Section 103 of the Evidence Act, 1872 which provided for the burden of pr......yangonj in Title Suit No.206 of 2000 decreeing the suit. 2. The plaintiff Md. Rafiqul Islam Liton instituted the Title Suit No.159 1999 in the Court of Rupgonj Senior Assistant Judge, Narayangonj for declaration of his title in the suit property, measuring an area of 0.35 acres of land against t..Category: Property Law | Date: | Hits: 74
Mohammad Ali Vs. Government of the People’s Republic of Bangladesh and Others, 2010, 39 CLC (HCD)
....validity and became fit for employment as a Teacher in the Primary School which prompted him to apply to the authority for re-employment as a Teacher of the Primary School. But by the impugned letter dated 9.7.2003, the Director General Primary Education, respondent No.2 refused his prayer on the gr......e learned Deputy Attorney General is concerned it is true, that the Provision of Rule 389 of the BSR Part I mentioned that it applies to officers, but what the learned Deputy Attorney General did not notice that the term ‘officer’ has neither been defined in BSR part I nor the term employee has ......1956, joined the service of Primary School on 1.7.1976 as an Assistant Teacher in Khedapara Primary School and ultimately transferred to Hogladanga Government Primary, wherein he continued in service for 23 years in the said Government primary School. Thereafter he became invalid due to some physica..Category: Employment/Service Law | Date: | Hits: 70
Abul Kalam Vs. State, 2011, 40 CLC (HCD)
....t. Shah Abdul Hatem, Assistant Attorney General. – For the respondent. Criminal Appeal No.2048 of 1993. Judgment Md. Ruhul Quddus J. - This appeal is directed against judgment and order dated 29.9.1993 passed by the Sessions Judge, Brahmanbaria in Session Case No.60 of 1993 convicting ......the appellant in jail hajot during the trial, would, however be deducted from his sentence. Send down the lower Court records. Borhanuddin J. - I agree. Ed. This Case is also Reported in: ......assed by the Sessions Judge, Brahmanbaria in Session Case No.60 of 1993 convicting the appellant under sections 302/201 of the Penal Code and sentencing him thereunder to suffer rigorous imprisonment for life with a fine of Taka 3,000/- in default to suffer rigorous imprisonment for six months more...Category: Criminal Law | Date: | Hits: 58
Enu Miah and others Vs. State, 2011, 40 CLC (HCD)
....his rule was issued calling upon the opposite party to show cause as to why the accused petitioner should not be enlarged on bail in G.R. Case No. 53 of 2010 corresponding to Madhabpur P.S. Case No.8 dated 10.03.2010 under section 395/397/412 of the Penal Code, now pending before the learned Chief J......it the charge sheet, the learned court concern may consider the bail of the petitioners. Communicate the order at once. Md. Ashraful Kamal J. - I agree. Ed. This Case is also Reported in: ......the accused petitioner should not be enlarged on bail in G.R. Case No. 53 of 2010 corresponding to Madhabpur P.S. Case No.8 dated 10.03.2010 under section 395/397/412 of the Penal Code, now pending before the learned Chief Judicial Magistrate, Cognizance Court, No.5, Habigonj. 2. The petitioners ..Category: Criminal Law | Date: | Hits: 56
Ekhlasur Rahman Vs. State, 2011, 40 CLC (HCD)
.... This rule was issued calling upon the opposite party to show cause as to why the accused petitioner should not be enlarged on bail in G.R. Case No.74 of 2010 arising out of Gowainghat P.S. Case No.9 dated 08.04.2010 under section 302 of the Penal Code, now pending in the Court of Judicial Magistrat......ion report of the case, the learned trial court may consider the bail of the petitioner. Communicate the order at once. Md. Ashraful Kamal J. - I agree. Ed. This Case is also Reported in: ......ng in the Court of Judicial Magistrate and Cognizance Court No.6, Sylhet. The petitioner was brought to the trial in a case under section 302 of the Penal Code. 3. After arrest since his prayer for bail was rejected by the impugned order, he then obtained the instant rule. 4. The learned ad..Category: Criminal Law | Date: | Hits: 61
Pavel @ Faysal Ahmed Vs. State, 2011, 40 CLC (HCD)
.... party to show cause as to why the accused petitioner should not be enlarged on bail in Sessions Case No. 131 of 2010 arising out of G.R. Case No. 470 of 2009 corresponding to Kafrul P.S. Case No. 42 dated 24.8.09 under section 302 of the Penal Code, now pending before the learned Janonirapatta Bign...... the trial of the case, the learned trial court may consider the bail of the petitioner. Communicate the order at once. Md. Ashraful Kamal J. - I agree. Ed. This Case is also Reported in: ......be enlarged on bail in Sessions Case No. 131 of 2010 arising out of G.R. Case No. 470 of 2009 corresponding to Kafrul P.S. Case No. 42 dated 24.8.09 under section 302 of the Penal Code, now pending before the learned Janonirapatta Bignokari Aparad Damon Tribunal, Dhaka. The petitioner was brought..Category: Criminal Law | Date: | Hits: 48
Abdul Ohid Vs. State, 2011, 40 CLC (HCD)
....his rule was issued calling upon the opposite party to show cause as to why the accused petitioner should not be enlarged on bail in G.R. Case No. 32 of 2009 arising out of Gowainghat P.S. Case No.01 dated 05.03.2009 under section 302/323/109/34 of the Penal Code, now pending in the Court of Judicia......to make the case ready, the learned trial court may consider the bail of the petitioner. Communicate the order at once. Md. Ashraful Kamal J. - I agree. Ed. This Case is also Reported in: ......der section 302/323/109/34 of the Penal Code. 3. After investigation police submitted a charge sheet against the accused petitioner and 10 others on 15.12.2009. 4. After arrest since his prayer for bail was rejected by the impugned order, he then obtained the instant rule. 5. The learned ad..Category: Criminal Law | Date: | Hits: 64
Md. Nashir Vs. State, 2011, 40 CLC (HCD)
.... to show cause as to why the accused petitioner should not be enlarged on bail in Criminal Misc. Case No. 8474 of 2010 arising out of G.R. Case No.61 of 2010 corresponding to Khilgoan P.S. Case No.61 dated 27.01.2010 under section 4(1) of the Law and Order Disruption Crimes (Speedy) Trial Act, now p...... to conclude the trial, the learned trial court may consider the bail of the petitioner. Communicate the order at once. Md. Ashraful Kamal J. - I agree. Ed. This Case is also Reported in: ......ation police submitted a charge sheet on 4.2.2010 under section 4 (1) of the Law and order Disruption Crimes (Speedy) Trial Act against the petitioner and another. 4. After arrest since his prayer for bail was rejected by the impugned order, the petitioner then obtained the instant rule for bail...Category: Criminal Law | Date: | Hits: 61
Jamuna Television Ltd. and another Vs. Bangladesh, 2010, 39 CLC (AD)
....1. Md. Zohirul Islam, Advocate-on-Record-For Respondent No. 3. Not represented- Respondent Nos. 2 & 4. Civil Petition for Leave to Appeal No.1724 of 2010. (From the judgment and order dated 20.5.2010 passed by the High Court Division in Writ Petition No.8100 of 2009.) Order Sur......concise statements within 6(six) weeks form date. The parties will be at liberty to mention the matter for early disposal of the appeal. Ed. This Case is also Reported in: VIII ADC (2011) 141. ...... Md. Muzammel Hossain J Surendra Kumar Sinha J Jamuna Television Ltd. and another…………………………..Petitioners Vs. Bangladesh represented by its Secretary, Ministry of Information, Government of Bangladesh Secretariat, Segunbagicha, Dhaka and others........Respondents ..Category: Information Technology Law | Date: | Hits: 585
Abdul Alim Vs. State and Others, 2000, 29 CLC (HCD)
.... station. 4. We have perused the Annexure. It appears that actually the officer-in-charge of Motijheel PS was appointed receiver. He took possession, of holding Nos. 59 and 59/1 and from the order dated 24-10-99, we find that after taking possession of the same holdings, the officer in charge of ......ate took possession also of holding Nos. 59 and 59/1 from second party Kabir and handed over possession of the same to the second party Monowara Islam. Subsequently, when this fact was brought to the notice of the learned Magistrate, the learned Magistrate by passing several orders directed the offi......titioner Vs. State and Others………………….opposite Parties Judgment July 13, 2000. Lawyers Involved: No one – For the Petitioner. SN Goswami - For the Opposite Party informant. Fazlul Haque Choudhury Assistant Attorney-General - For the State. Criminal Miscella..Category: Criminal Law | Date: | Hits: 47
Major General (Retd.) Mahmudul Hasan Vs. State, 2000, 29 CLC (HCD)
.... Criminal Miscellaneous Case No. 831 of 1998. Judgment Md. Hamidul Haque J.- By this Rule opposite parties were called upon to show cause as to why the proceedings of Kotalipara PS Case No.2 dated 26-4-91 corresponding to GR No.9 of 1991 pending in the Court of Magistrate, 1st Class, Kotali......responding to TR No.9 of 1991 pending in the Court of Magistrate, First Class, Kotalipara, Gopalgonj is quashed in respect of the petitioner. Ed. This Case is also Reported in: 52 DLR (2000) 612.......der section 186 of the Penal Code on the allegation that while he was in charge of the Ministry of Home Affairs he directed the then Superintendent of Police, Gopalgonj over phone to drop the name of former State Minister Kazi Firoj Rashid from the case which started on the basis of an ejhar dated 1..Category: Criminal Law | Date: | Hits: 58
Syed Sad Ali Vs. Bidhan Chandra Dev and others, 1998, 27 CLC (HCD)
....te — For the Petitioner. Nirmalendu Deb, Advocate — For Opposite Party No.1. Civil Revision No. 3485 of 1996. Judgment MA Aziz J.- This Rule is directed against the judgment and order dated 23-9-95 passed in Misc. Appeal No.3 of 1994 by the learned Additional District Judge, Moulavib......nd Nurul Islam transferred the case shop to opposite party No.1 Bidhan Chandra Dev on the 1st of Ashar 1392 BS corresponding to 16-6-85 and the said deed was registered on 11-9-86 without serving any notice to the petitioner who is a co-sharer to the holding; that having been aware of the transfer t......in pre-emption case No. 4 of 1987 by the learned Subordinate Judge, Moulavibazar allowing pre-emption. 2. The case of the pre-emptor petitioner Syed Sad Ali, in short, is that he instituted a case for pre-emption under section 24 of the Non-Agricultural Tenancy Act being Pre-emption case No.4 of ..Category: Property Law | Date: | Hits: 70
Md. Abdus Samad alias Kalu and others Vs. State, 2010, 39 CLC (HCD)
....was issued calling upon the opposite party to show cause as to why the accused petitioners should not be enlarged on bail in Zinaigati G.R. Case No.65 of 09 corresponding to Zinaigati P.S. Case No.09 dated 23.07.2009 under section 143/148/ 323/ 307/302/114/34 of the Penal Code, now pending in the Co......ty to cancel the bail, if the accused petitioners misuse in any way the privilege of bail. Communicate the order at once. AKM Zahirul Hoque J.- I agree. Ed. This Case is also Reported in: ......in the Court of learned Chief Judicial Magistrate, Sherpur. 2. Prosecution case, in short is that one Md. Ismail Hossain filed a petition of complain being Petition Case No.08 of 2009 on 19.7.09 before the Judicial Magistrate, Sherpur against the 12 persons under sections 143/148/ 323/ 307/302/11..Category: Criminal Law | Date: | Hits: 58
Mohammad Ali and another Vs. Noor Mohammad, 2010, 39 CLC (HCD)
.... Opposite party. Civil Revision No. 636 of 2002. Judgment AFM Abdur Rahman J. - This Rule, under Section 115 of the Code of Civil Procedure, 1908 is directed against the judgment and decree dated 7.1.2002, passed in Title Appeal No.68 of 1998, by the learned Joint District Judge, 1st Comme...... passed by the learned Assistant Judge, Keranigonj, Dhaka in title Suit No. 186 of 1995 is hereby restored. However, there shall be no order as to costs. Ed. This Case is also Reported in: ......ganj, Dhaka in Title Suit No. 186 of 1995. 2. The plaintiff-respondent-petitioners filed Title Suit No.186 of 1995 in the Court of learned Assistant Judge, Kearniganj, Dhaka on 22.11.1995 praying for a decree of permanent injunction restraining the defendant/appellant/opposite party from disposs..Category: Property Law | Date: | Hits: 62
Rupali Bank Ltd. Vs. Chairman, 2nd Labour Court Dhaka & another, 1999, 28 CLC (HCD)
....995 but there being no redress he filed Complaint Case No. 86/95 on 26-11-1995 before the respondent No.1. 5. In these cases the respondent State claimed all benefits of permanent workers from the date of joining after they were appointed. The petitioner Bank appeared in the 2nd Labour Court, Dha......he provision of Clause (a) section 25, sub-section (1) the precondition for filing a complaint case under clause (b) of the section 25(1) is that the worker concerned shall bring his grievance to the notice of his employer within 15 days of the occurrence thereafter he can wait for 30 (thirty) days ......hould not be declared to have been passed without any lawful authority and is of no legal effect. 2. The Facts in these petitions are similar and involve common question of law. The Rules are therefore being disposed of by a single judgment. 3. The facts for the disposal of the Rule are as fol..Category: Labour and Industrial Law | Date: | Hits: 140
Rasharaj Sarker Vs. State, 2000, 29 CLC (HCD)
...., Advocate—For the Petitioner. Shueb Ahmed, Assistant Attorney-General—For the State. Criminal Revision Case No. 1738 of 1992. Judgment SK Sinha J.- This Rule arises against the order dated 30-9-92 of the Additional Sessions Judge, 4th Court, Dhaka in Criminal Revision No.302 of 1987......esume investigation and submit the charge sheet if the prima-facie case transpires against the accused, although final report was earlier submitted in the case.” In the said case their Lordships noticed that accused Abdur Rahman was absconding till submission of charge sheet and observed that: ......haka in Criminal Revision No.302 of 1987. By the said order the learned Additional Sessions Judge maintained the order of the learned Magistrate dated 14-5-87 reviving the case and allowed the prayer for reinvestigation of the case made by the police. 2. Facts relevant for the disposal of the Rul..Category: Criminal Law | Date: | Hits: 56
Zabbar Muhury Vs. State, 2011, 40 CLC (HCD)
....his rule was issued calling upon the opposite party to show cause as to why the accused petitioner should not be enlarged on bail in Sessions Case No.692 of 2009 arising out of Nandail P.S. Case No.01dated 01.03.2007 corresponding to G.R.Case No.35 of 2007 under section 448/302/109/114/34 of the Pen......any witness of the case, the trial Court is hereby directed to grant bail to the petitioner. Communicate the order at once. AKM Zahirul Hoque J.- I agree. This Case is also Reported in: ......ce submitted a charge sheet on 16.7.2008 against the petitioner along with 17 others under section 448/302/109/114/34 of the Penal Code. 3. The petitioner has voluntarily surrendered on 15.10.10 before the Court below and since his prayer for bail was rejected by the impugned order, he then obtai..Category: Criminal Law | Date: | Hits: 46
Md. Shahidul Islam Vs. State, 2011, 40 CLC (HCD)
....ey General-For the Respondent. Criminal Appeal No. 5436 of 2010. Judgment AKM Asaduzzaman J.- This appeal was preferred under section 30 of the Special Powers Act against the impugned order dated 08.08.2010 passed by the learned Special Tribunal, Chapainawabgonj in Special Tribunal Case No...... the trial of the case, the trial Court is hereby directed to consider the bail of the appellant. Communicate the order at once. AKM Zahirul Hoque J.- I agree. This Case is also Reported in: ...... Tribunal Case No.39 of 2010 arising out of G.R. Case No.42 of 2010 corresponding to Nawabgaonj P.S. Case No.41 dated 27.01.2010 under section 19A and 19(f) of the Arms Act, 1878 rejecting the prayer for bail of the appellant. 2. The appellant was brought to the trial under section 19A and 19(f) ..Category: Criminal Law | Date: | Hits: 64
Sontai Miah Vs. State, 2011, 40 CLC (HCD)
....ant. Bashir Ahmed, Assistant Attorney General-For the respondent. Criminal Appeal No. 3412 of 2008. Judgment AKM Asaduzzaman J. - This appeal was preferred against the judgment and order dated 26.07.2007 passed by the learned Additional Sessions Judge, 3rd Court, Sylhet in Sessions Case...... directed to set at liberty at once if not wanted in connection with any other case. Send down the L.C. records at once. AKM Zahirul Haque, J.- I agree. Ed. This Case is also Reported in: ......f G.R. Case No.76 of 1996 corresponding to Gowainghat P.S Case No. 3 dated 18.09.1996 convicting the accused appellant under section 302 of the Penal Code and sentencing him to suffer imprisonment for life with a fine of Tk. 20,000/- in default to suffer rigorous imprisonment for 6(six) months mo..Category: Criminal Law | Date: | Hits: 50
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