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Wahiduzzaman (Md.) Vs. Government of Bangladesh & others, 2003, 32 CLC (HCD)
.... are liable to be discharged. In the result, the Rules are discharged without any order as to cost. The stay granted earlier is vacated. Ed. This Case is also Reported in: 57 DLR (2005) 26. ......ny way violated the fundamental right of equal protection as guaranteed under Article 7 or in any way violated the fundamental right as guaranteed tinder Article 31 of the Constitution. 7. Similar question arose in several writ petitions before the High Court Division and some of the writ petitio......mended vide SRO No. 273 dated 2‑10‑2002 (Annexure-F) should not be declared to be unconstitutional. 2. As the vires of some provisions of law have been challenged in these two Rules and as the facts are also similar the Rules were heard together and this single judgment shall govern both the ..Category: Civil Law | Date: | Hits: 79
Emdadul Hoque Vs. State, 2004, 33 CLC (HCD)
....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. ......ice of it. 19. Lastly, the learned Advocate for the appellant referred to a decision in the case of State Vs. Khadem Mondal reported in 1990 BLD (AD) 228, wherein it has been held that the primary question for consideration was whether the prosecution has been able to prove conclusively that the ......that she was caught red handed on the date and in order to avoid public criticism she committed suicide. 7. The learned trial Court thereafter in consideration of the evidence on record as well as facts and circumstances of the case, however, found the accused-appellant guilty for the offence cha..Category: Criminal Law | Date: | Hits: 76
Abdur Rahman Dhali and others Vs. State, 2004, 33 CLC (HCD)
....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. ......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. ......the Court of Divisional Special Judge, Khulna Barisal Station) should not be quashed or such other order or further order or orders passed as to this Court may seem fit and proper. 2. The relevant facts, for the purpose of disposal of this Rule are stated herein below: 3. The accused-petitione..Category: Criminal Law | Date: | Hits: 85
Abdul Mannan Bhuiyan (Md.) Vs. University of Rajshahi and others, 2004, 33 CLC (HCD)
....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. ...... in all cases, rather they may consider such a prayer only in exceptional circumstances and certainly not on mere asking for it. But in a proper case they are expected to rise to the occasion and the facts and circumstances in this case suggest that this is one of such a situation. 12. It appears..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.......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.......why the proceedings of GR Case No. 403/2000 (Sadar) corresponding to Bogra PS Case No. 15 dated 5‑5‑2000 now pending in the Court of Magistrate, 1st Class, Bogra, should not be quashed. 2. The facts relevant for disposal of this Rule, briefly stated, are that the petitioners inherited some la..Category: Criminal Law | Date: | Hits: 62
Fazlur Rahman (Md) Vs. Md. Abdul Hamid, Advocate and others, 2002, 31 CLC (HCD)
.... 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.......ovision has been made in sub-rule (3) of Rule 5 of the Rules of Procedure and, as such, this Rule is not inconsistent with the provisions of the Constitution. 8. Before we give our decision on the question raised, we like to dispose of a preliminary objection raised on behalf of the respondent No...... 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.......istant Attorney General ‑ For Respondent No. 1 (In all the Writ Petitions).
Writ Petition Nos. 6320 of 2002, 832, 728, 2014 & 2562 of 2003.
Judgment
Tariq‑ul Hakim J.- Since a common question of law arises in all these Writ Petitions they are being disposed of by the single Judgment......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...
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. ......rightly dismissed. He further submits that there is no requirement of law to furnish the copies of the earlier reports of the enquiries. Besides, the learned Advocate submits further that there is no question of allowing him a hearing in person as he did not pray for such a personal hearing in any o......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. ..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. ......ed by the High Court Division in Writ Petitions No. 2227, 4096 and 3597 of 2000 and thus those workers and employees still remain dismissed or terminated. 12. Regarding the submissions made on the question of maintainability of the writ petition by the learned lawyer of respondent No.2 that the p...... 9. Section 10(1)(b)(h) of the IRO provides that the registration of a Trade Union may be cancelled by the Registrar if the trade union has obtained registration by fraud or by misrepresentation of facts or if the trade union has elected as its office bearer a person who is disqualified under sect..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. ......o the accused appellant, as in the trial all other provisions of the Criminal Law Amendment Act, 1958 have been fully complied with. Further, it is contended by the learned AAG for the State that the question of jurisdiction, if any, ought to have been raised at the earliest by the defence but in th......ecific defence case was made out by leading any evidence or by cross‑examining the P.Ws. or by making any statement under section 342 Cr.P.C. by the defence. The trial Court on consideration of the facts and circumstances of the case and evidence on record was pleased to find the accused‑appella..Category: Criminal Law | Date: | Hits: 92
Afzal Hossain Vs. Chief Election Commissioner and others, 1992, 21 CLC (HCD)
.... act for the same avowed purpose of free and fair election. We find no illegality in the order and hence the petition is rejected. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 701. ......ons found in Article 119 of our Constitution are totally the same as in Article 324 of the Indian Constitution where there is also the constitutional provision (Article 329) that no election shall be questioned except by an election petition. 15. The Indian Supreme Court in the case of Mehinder S......f each case, has enough supervisory power to act to correct an apparent wrongful exercise of power at the threshold and to keep the records clean, mostly in exceptional cases, it can act, on admitted facts, in spite of the provision of an Election Tribunal deciding election disputes. 14. The expr..Category: Election Law | Date: | Hits: 153
Air Marshal Jamaluddin Ahmed (Retd) Vs. Government of Bangladesh and others, 2004, 33 CLC (HCD)
....om the date of receipt of the copy of this judgment and order. In the result, the Rule is made absolute but without any order as to costs. Ed. This Case is also Reported in: 57 DLR (2005) 1. ......the pension of the petitioner has been withheld because of the pendency of a criminal case in which a charge-sheet had already been submitted against him and others. 11. A. Maintainability: The question of maintainability of the writ petition has also been raised since the petitioner was a mem......e is no such requirement in the relevant provision, an aggrieved person may maintain an application under Article 32 and Article 226 of the Indian Constitution. Although the petition was dismissed on facts SC Agarwal J, on behalf of a five-member Bench of the Supreme Court of India held at para 48: ..Category: Employment/Service Law | Date: | Hits: 148
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.......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.......pre-emption under section 96 of the State Acquisition and Tenancy Act, should not be set aside and/or pass such other or further order or orders as to this Court many deem fit and proper. 2. Short facts, necessary for the purpose of the Rule is that the opposite Party Nos. 1‑4 as pre-emptors ..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. ......oral Rolls Rules, 1982 prepared under the Electoral Ordinance, 1982 has a presumption of correctness in law. He submits that section 17 of the said Ordinance clearly bars the jurisdiction of Court to question the validity of the electoral rolls prepared under the Ordinance or the legality or the pro......qualification and disqualification is very much an election dispute. The principle of law enunciated in the cases referred to by Mr. Fazlul Karim, as mentioned herein above is not applicable in the facts and circumstances of the instant case as those cases were decided under different laws and und..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. ......harges (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 other witnesses were not recorded ...... order (Annexure‑K), including Memo No.PSB (Pra:18S‑18/89‑90/704 dated 9-9-90 (Annexure‑Q) should not be declared, to have passed without lawful authority and is of no legal effect.
2. The facts, in short, as stated in the petition are that the petitioner was posted to the thana store, Ba..
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 ......red." We find that the defendant No.1 in violation of terms of his written agreement inducted defendant No.2 as sub‑lessee and when his own tenancy was terminated on its expiry on 1‑3‑1991, the question of defendant 2's stay in the suit premises or of notice to him does not arise. Thus we find......nd decree dated 21-8-1993 respectively passed by Assistant Judge, 5th Addl. Court Dhaka in Title Suit No.90 of 1992 decreeing the suit for eviction of the petitioner from the suit property. 2. The facts giving rise to this Rule are, that the opposite party Nos.1 and 2 as plaintiffs filed Title Su..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. ......not acted upon. 15. In the case referred to by the Court of appeal below reported in 37 CWN 892 (Srimati Ebratunnessa Bibi & ors Vs. Debendra Nath Sen & ors) it has been held that: The question in such circumstances is the question of intention. The law in this respect well settled. T......on of intention. The law in this respect well settled. The intention of the settler has to be inquired into in order to make out whether the Waqf was real or not, and for the purpose of such inquiry, facts and circumstances showing for suggesting that it was never intended to be acted upon are relev..Category: Trust/Waqf Law | Date: | Hits: 165
Syed Khalilulla Salik alias Juned Vs. Haji Md. Rahmat Ullah, 1995, 24 CLC (HCD)
....ceeding of CR Case No.224 of 1988 pending in the Court of Magistrate, 3rd class, Sadar, Sylhet is quashed. Send back the LC records. Ed. This Case is also Reported in: 49 DLR (HD) (1997) 16. ......ceeding of CR Case No.224 of 1988 pending in the Court of Magistrate, 3rd class, Sadar, Sylhet is quashed. Send back the LC records. Ed. This Case is also Reported in: 49 DLR (HD) (1997) 16. ......ceeding of CR Case No.224 of 1988 pending in the Court of Magistrate, 3rd class, Sadar, Sylhet is quashed. Send back the LC records. Ed. This Case is also Reported in: 49 DLR (HD) (1997) 16. ..Category: Constitutional Law | Date: | Hits: 169
Abu Bakkar Siddique Vs. Justice Shahabuddin Ahmed and others, 1996, 25 CLC (HCD)
.... 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. ......urt 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 Adviser or Adviser." 4. The main constitutional question in this writ petition is as to, whether the retired Chief Justice Shahabuddin Ahmed is cons...... as such, he has no locus standi to challenge the election of the Respondent No.1 under Article 102 of the Constitution. But it appears to us that the aforesaid case is quite distinguishable from the facts and circumstances of the present case. In the above case it was held by their Lordships that a..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.......investigation and accordingly prepared the seizure list of those materials but the prosecution did not produce those seized materials before the pitch and such non-production of these alamats call in question the veracity of the prosecution and such withholding of those materials to be produced by t......isonment for life with fine of TK.5,000.00(five thousand) in default to suffer rigorous imprisonment for 3(three) months more. We have considered the submissions of the learned Advocate and in the facts and circumstances, no reason was found to interfere with the same. In view of the above, w..Category: Criminal Law | Date: | Hits: 81
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