Search Options
Judgment Advanced Search
Displaying 3361-3380 of 7133 results.
Shaikh Jahangir Hossain Vs. Government of Bangladesh and others, 2001, 30 CLC (HCD)
....f lands, as such, transferred the said lands in favour of RAJUK and cancelled the allotment in favour of the plaintiff (Exhibit 6), that he issued a notice on 8‑9‑1992 to the defendants demanding justice (Exhibits 7, 8, 9) but they did not reply. This witness as the plaintiff prays for a decree ......he defendants demanding justice (Exhibits 7, 8, 9) but they did not reply. This witness as the plaintiff prays for a decree for execution of the deed in his favour on receipt of the rest of the money according to the agreement and for delivery of possession. In his cross-examination he denied that t...... Vs. Government of Bangladesh and others................Respondents Judgment November 12, 2001. Result: The suit for specific performance of contract is dismissed. Case Referred to- Associated Provincial Picture Houses Vs. Wednesbury Corporations, 1948 1 KB‑223 CA relied. ......el any tender without assigning any reason. 4. At the suit the learned Judge considered the following issues: (i) Is the suit maintainable in its present form? (ii) Is the suit barred by the law on limitation? (iii) Is the impugned order dated 4‑8-1992, rejecting the tender, withou..Category: Civil Law | Date: | Hits: 82
Almas Miah Vs. State, 2002, 31 CLC (HCD)
....ppellant is acquitted from the charge. Let the appellant be set at liberty if he is not wanted in any other case. Send down the records. Ed. This Case is also Reported in: 55 DLR (2003) 403. ......ppellant is acquitted from the charge. Let the appellant be set at liberty if he is not wanted in any other case. Send down the records. Ed. This Case is also Reported in: 55 DLR (2003) 403. ......ed by Mr. Abul Hossain Khandokar, Assistant Sessions Judge, Court No.2 at Narsingdi in Session Case No.36 of 1997, which convicted the appellant under section 489B of the Penal Code and sentenced him to suffer rigorous imprisonment for ten years and also to pay a fine of Taka 1,000 in default to suf...... average intelligence that it was counterfeit or forged, nor any such question was put to the accused during trial, the conviction and sentence of the accused under the section cannot be sustained in law. Cf. AIR 1979 SC 1705. 13. Even when an uneducated rustic citizen in usual course of daily li..Category: Criminal Law | Date: | Hits: 87
Nazrul Islam Vs. State and others, 2002, 31 CLC (HCD)
....monirhat now detained in Lalmonirhat District Jail, Lalmonirhat be set at liberty at once, if not wanted in connection with any other case. Ed. This Case is also Reported in: 55 DLR (2003) 401. ......ng against the detenu. 7. But the pendency of criminal cases cannot be a ground for detention of the detenu. If the detenu is found guilty of the offence in the criminal case he should be punished according to law and for that he should not be detained under the Special Powers Act XIV of 1974. ......Judgment May 9, 2002. Result: The Rule is made absolute. Lawyers Involved: Amir‑ul Islam with Aminur Rahman, Advocates- For the Petitioner. ABM Waliur Rahman Khan, Assistant Attorney-General‑ For the State. Criminal Miscellaneous Case No. 5106 of 2002. Judgment M......posite parties to show cause as to why the detenu Advocate Md. Matiar Rahman should not be brought before this court so that it may satisfy itself that the detenu is not being held in custody without lawful authority or in an unlawful manner or such other or further order or orders passed as to this..Category: Criminal Law | Date: | Hits: 69
Government of Bangladesh and others Vs. Md. Shafiqur Rahman, 2011, 40 CLC (AD)
....urt by the Senior Assistant Secretary, Ministry of Law, Justice and Parliamentary Affairs vide Memo dated 20.04.2009. In the circumstances, the petitioner finding no other alternative sent a demand justice notice to the respondents on 26.05.2009 but they did not reply; hence, filed the writ petiti......titioner as Jamadar was changed and it was re-fixed at a pay scale of TK. 2500-110 x 7-3270 EB-120 x 11-4590. The Jamadars and the drivers of the Supreme Court are in the same class of the same grade according to the Service Rules of the High Court Division (Employee) Appointment Rules, 1987 of the ......ers………............Petitioners Vs. Md. Shafiqur Rahman……..........................................Respondent Order June 23, 2011. Result: Leave is granted. Case Referred to- Md. Hanifullah and others Vs. Secretary, Ministry of Finance, the Government of Bangladesh vi......etitioner No.2 (annexure-L to the writ petition) refusing re-fixation of the pay scale of the writ-petitioner to the scale of the driver of the Supreme Court of Bangladesh to have been issued without lawful authority and is of no legal effect and also for direction upon the present petitioners (re..Category: Employment/Service Law | Date: | Hits: 86
....all file the concise statement to make the appeal ready for expeditious hearing.
The appeal is fixed for hearing on 23rd August, 2011.
Ed.
This Case is also Reported in: VIII ADC (2011) 567.
......d be reduced. It was claimed that if the actual sale price of the urea was shown then the company would have earned profit of Tk.3,73,83,714.83 in the period running from July, 2007 to June, 2008 and accordingly, the workers fund would receive a sum of Tk. 17,80,177/-, whereas if the price of urea w...... ..........Petitioners
Vs.
Zia Fertilizer Company Limited Workers and Employees Union and others ........Respondents
Order
June 20, 2011.
Result:
Leave is granted.
Cases Referred to-
Bangladesh Bank and others Vs. Mohammad Abdul Mannan, 46 DLR (AD) 1; Abdul Hannan Sikder &......counsel for the respondents also deserved scrutiny. Hence, leave is granted to consider the following grounds as proposed on behalf of the petitioner:
I. Whether the High Court Division erred in law and upon the facts in passing the impugned judgement and order since it failed to appreciate tha..
Category: Company Law | Date: | Hits: 366
....e on proper appreciation of laws and facts do not call for interference.
Accordingly, all the leave petitions are summarily dismissed.
Ed.
This Case is also Reported in: VIII ADC (2011) 562.......hat they had been working in different projects of LGED for a long time with reputations and that with the passage of time they had acquired a vested right to be absorbed in the newly created posts according to the doctrine of legitimate expectation. The High Court Division also took note of the j......d others…………..Respondents (In Civil Petition No. 960 of 2011)
Judgment
June 23, 2011.
Result:
The leave petitions are summarily dismissed.
Lawyers Involved:
Mahbubey Alam, Attorney General, with Khurshed Alam Senior Advocate, instructed by A.K.M. Shahidul Huq, Advocate-on-R......t Division in Writ Petition Nos.7911 of 2010, 4780 of 2010, 8492 of 2010, 8735 of 2009 and 8734 of 2009 disposing of the Rules.
2. The above mentioned writ-petitions involving similar questions of laws and facts have been heard together and as such are being disposed of by this common judgment.
..
Category: Employment/Service Law | Date: | Hits: 66
Abu Sayeed Sheikh and others Vs. Md. Majibur Rahman and others, 1998, 17 CLC (HCD)
....hat the court of appeal below erred in law in making the order of remand completely ignoring the provision of Order 41 rule XXIII of the Code of Civil Procedure and the same has occasioned failure of justice. The learned Advocate further submits that the learned court of appeal below erred in law in......receipt of this order. The order of stay granted earlier by this Court stands vacated. Send down the lower Courts record as once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 289.......ated 31-8-86 passed by the Munsif, Sherpur in Partition Suit No.28 of 1984 decreeing the suit. By this impugned judgment the learned District Judge allowed the appeal and sent back the case on remand to the trial Court for a fresh trial. Being aggrieved by the aforesaid judgment and order, the defen......petitioners moved this Court and obtained the present Rule. 2. Mr. Abdul Khaleque, the learned Advocate appearing for Mr. SS Halder on behalf of the submits that the court of appeal below erred in law in making the order of remand completely ignoring the provision of Order 41 rule XXIII of the Co..Category: Property Law | Date: | Hits: 75
Zenith Packages Ltd. Vs. Member, Labour Appellate Tribunal and others, 1999, 18 CLC (HCD)
....he Rule is discharged with cost of Taka 5,000.00 (five thousand) to be paid by the petitioner to the contesting respondent Nos.2 and 3. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 284.......he Rule is discharged with cost of Taka 5,000.00 (five thousand) to be paid by the petitioner to the contesting respondent Nos.2 and 3. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 284.......……………Petitioner Vs. Member, Labour Appellate Tribunal and others.……………….Respondent Judgment May 24, 1999. Result: The Rule is discharged. Cases Referred to- PLD 1971 Dhaka 262; AIR 1964 (SC) 522; AIR 1970 Bombay 213; AIR 1980 (SC) 2181; (1957)2 LLJ 2......respondents to show cause as why judgment and order dated 22-11-98 passed by the respondent No.1 in Interpretation Case No. 30 of 1998 (Annexure-3) should not be declare to have been made without any lawful authority and of no legal effect. 2. After placing the petition and impugned Judgment lear..Category: Labour and Industrial Law | Date: | Hits: 168
Bimal Chandra Adhikari Vs. State, 1999, 18 CLC (HCD)
....sing him. In view of the discussion made above the Rule is discharged. Send down the LC records to the court concerned at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 282. ......sing him. In view of the discussion made above the Rule is discharged. Send down the LC records to the court concerned at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 282. ......ury J Bimal Chandra Adhikari.………….Petitioner Vs. State………………………..Respondent Judgment March 23, 1999. Result: The Rule is discharged. Cases Referred to- Crown Vs. Nur Alam, PLD 1955 (Lahore) 667; Abdul Noor alias Nur Meah Vs. State, 9 DLR 633. ......mentioned herein before. 6. Learned Advocate for the petitioner submits that proceeding in question was illegal since the same was initiated upon a report submitted by an officer not authorised by law. He further submits that investigation of the case ought to have been stopped in view of the pro..Category: Criminal Law | Date: | Hits: 75
Motaleb Sardar (Md.) and others Vs. State and another, 1998, 17 CLC (HCD)
....evidence the learned Additional Sessions Judge erred in law in convicting and sentencing the petitioners without independent corroboration from reliable sources and the same has occasioned failure of justice. The learned Advocate further submits that learned Court of appeal below erred in law in con......ce passed against the accused petitioners under section 447 of the Penal Code. The order of conviction and sentence passed by the learned Additional Sessions Judge in Criminal Appeal No.23 of 1993 is accordingly codified in that the accused petitioners are acquitted of the charge under section 447 o...... upholding the judgment and order dated 15-6-93 passed by the Magistrate of the 1st Class, Rajoir convicting the accused petitioners under section 447 of the Penal Code and sentencing them thereunder to suffer rigorous imprisonment (RI) for one month and further convicting the accused petitioners un......ike the previous years the complainant sowed Gabara and Nyatpasha paddy in the case land and it grew well and became ripe for harvest. At about 9-00 AM on 21-11-92 the accused persons by forming an unlawful illegally trespassed into the case land and dishonestly cut and took away the ripe Gabura pad..Category: Criminal Law | Date: | Hits: 73
AKM Muhituddin Vs. State, 1999, 18 CLC (HCD)
.... substance. In view of the discussion made above the Rule is discharged. Send down the LC records at once to the court concerned. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 274....... substance. In view of the discussion made above the Rule is discharged. Send down the LC records at once to the court concerned. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 274.......………………Opposite Party Judgment May 4, 1999. Result: The Rule is discharged. Lawyers Involved: Not Represented — For the Petitioner. Mohammad Mostafa, Assistant Attorney General — For the State. Criminal Revision No.489 of 1990. Judgment Md. Ruhul Amin...... 4. On 6-5-1990 petitioner filed an application under section 241A of the Code of Criminal Procedure with the prayer of discharging him from the proceeding contending, inter alia, that provision of law as in the Act is applicable only in respect of ‘public servant’ and that the provisions of t..Category: Criminal Law | Date: | Hits: 62
Ali Akbar (Md.) Vs. State and others, 1998, 17 CLC (HCD)
.... go unpunished on such technicality then real offenders would be masquerading in the society as gentlemen and crimes will go on proliferating making a sad commentary on the administration of criminal justice in the country for the failure of the police to properly record the First Information Report...... suffers and not the officer who is at fault. We have come across cases in which the investigation officer examined several witnesses at a time and reduced their statements in writing at a later time according to his convenience. We have also noticed that either deliberately or negligently or due to...... Ali Akbar (Md.)………………..Petitioner Vs. State and others …………………….Respondents Judgment 14 May, 1998. Result: The Rule is discharged. Cases Referred to- 47 DLR 478; 47 DLR 420; Abdul Aziz Vs. Sekand Ali, 50 DLR 111. Lawyers Involved: Khursh......efence case so much so that P.W.13 stated contrary to the evidence collected during the investigation that he noted in the charge sheet that victim Tamizuddin died in his own courtyard. 12. Common law adversarial system of administration of criminal justice prevailing in our country since British..Category: Criminal Law | Date: | Hits: 64
....cation of the licence of the petitioner in respect of the curtailed area and no notice having been given to the petitioner before passing the impugned order the same violated the principle of natural justice. Further contention is that petitioner acquired vested right to continue as Nikah Registrar ......rar to the concerned respondent in some of the Rules did not challenge the same though issued before issuance of the concerned Rule and order of stay of operation of the memo issued by the government according approval for temporary appointment by the District Registrar. So we find no merit in the c......cretary, Ministry of Law, Justice and Parliamentary Affairs, and others………………....Respondents.
Judgment
February 24, 1999.
Result:
The Rules are discharged.
Cases Referred to-
Bangladesh Vs. Azizur Rahman, 46 DLR (AD) 19 paragraph 17; Shafiqur Rahman Vs. Idris Ali, 37 ......ointment of Nikah Registrar directly without the applications being processed through the District Advisory Committee and, as such, appointment of the concerned respondent of that Rule is without any lawful authority. In this Rule and some other Rules appointment of the respective respondent as temp..
Category: Civil Law | Date: | Hits: 89
Abdul Karim Vs. Gousddin and others, 1998, 27 CLC (HCD)
....gistrar of this Court within 1(one) month from the date of receipt of the copy of this order. Communicate the order to the Court below. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 259.......gistrar of this Court within 1(one) month from the date of receipt of the copy of this order. Communicate the order to the Court below. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 259.......ision No. 515 of 1997. Judgment Kazi Ebadul Hoque J.- This Rule was issued at the instance of the Second-party petitioner Abdul Karim calling upon the first party opposite-parties and the State to show cause as to why the judgment and order dated 27-3-97 passed by the learned Additional Sessio......rstand how he could be dispossessed from the disputed property since he has authority to arrest anyone and send him to Jail and also prosecute him for committing a cognizable offence or for violating law and order. It is apparent from the conduct of the OC that he is siding with the second-party and..Category: Criminal Law | Date: | Hits: 65
State Vs. MA Wahab, Advocate, 1998, 17 CLC (HCD)
....e been done. If any member of the legal profession hobnobs with any Judge and such a member appears in any case before that Judge, the party adverse to his client gets apprehensive about getting fair justice from that Judge. Even if the client of that member of the profession wins the case by the me......iscellaneous Case is disposed of with the above observations and the opposite party is exonerated from the charges brought against him. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 257.......8. Result: The Criminal Miscellaneous Case is disposed of and the opposite party is exonerated from the charges brought against him. Lawyers Involved: Mansurul Hoque Chowdhury, Deputy Attorney-General with MA Rouf Assistant Attorney-General Moshfiqur Rahman, Assistant Attorney-General ......iscellaneous Case is disposed of with the above observations and the opposite party is exonerated from the charges brought against him. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 257...Category: Criminal Law | Date: | Hits: 92
Abul Bashar Shaikh Vs. State, 1996, 25 CLC (HCD)
.... arrest if he fails to surrender to his bail bound and to remand him to jail custody to serve out the remaining period of his sentence. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 252....... arrest if he fails to surrender to his bail bound and to remand him to jail custody to serve out the remaining period of his sentence. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 252.......shar Shaikh………………………….Petitioner Vs. State …………………………..Respondent Judgment May 17, 1996. Result: The appeal is dismissed. Cases Referred to- 21 DLR 684; 41 DLR 520; 44 DLR 159; Arshadullah Vs. State, 21 DLR 684; Pair Baksha Vs. State,......lant contended that lodging of FIR with the Palong PS and conducting of investigation by an officer of said PS in respect of an offence committed within the Naria PS was illegal he could not show any law in support of his contention except the provision of section 177 of the Code of Criminal Procedu..Category: Criminal Law | Date: | Hits: 73
....s per Annexure J. But the case of the petitioner was not considered in spite of the fact that he was also recommended for reinstatement by the forum and accordingly, the petitioner served a demand of justice notice by telegram on 21-8-95 requesting the respondents to cancel, rescind and or withdraw ......s brought some allegations against the petitioner and beyond his (petitioners) knowledge initiated a proceeding and ultimately dismissed him from service for reasons best known to the Minister which, according to the petitioner, is mala fide and is a manifestation of colourable exercise of power. It......ngladesh, represented by the Secretary, Ministry of Establishment and others …………….Respondents
Judgment
November 4, 1988.
Result:
The Rule is made absolute.
Cases Referred to-
42 DLR (AD) 214; Bangladesh Vs. AK Al-Mamun and others, 1 MLR (AD) 1996 161; Madras Vs. AR Sr......SS/S-11/896(1) dated 11-4-94 (Annexure “I”) arising out of an order contained in notification No.S-IXIE-38/84-515 dated 18-6-84 (Annexure “D”) should not be declared to have been made without lawful authority and to be of no legal effect and why a direction should not be issued upon the resp..
Category: Employment/Service Law | Date: | Hits: 73
State Vs. Tota Mia, 1997, 16 CLC (HCD)
....their respective bail bond. Conviction and sentence passed against absconding convict Md. Badruzzaman alias Chand Mia are set aside. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 244.......their respective bail bond. Conviction and sentence passed against absconding convict Md. Badruzzaman alias Chand Mia are set aside. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 244.......pellant Vs. Tota Mia………………Condemned Prisoner Judgment December 1, 1997. Result: The Jail Appeal and the Criminal Appeal are dismissed with the modification in sentence to the effect that death sentence is commuted to imprisonment for life. Death Reference is rejected.......officer for which the entire evidence of P.W.3 cannot be discarded. 15. On scrutinising the entire evidence, we find that for the eagerness to rope in all the accused tightly, victim’s sister-in-law Joly (P.W.4) victim’s step-son Sohag (P.W.2) and victim’s two brothers (P.Ws.5 and 7) posed ..Category: Criminal Law | Date: | Hits: 74
Anwarul Hoque (Md.) Vs. Golam Mahmud and Md. Mohsin, 1999, 18 CLC (HCD)
....tary, Ministry of Law, Justice and Parliamentary Affairs for circulation to the District Judges for guidance of all subordinate courts. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 242.......tary, Ministry of Law, Justice and Parliamentary Affairs for circulation to the District Judges for guidance of all subordinate courts. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 242...................Referring Court Vs. Golam Mahmud and Md. Mohsin……………………..Alleged Contemners Judgment March 15, 1999. Result: The reference is rejected. Case Referred to- Subbatara Begum Vs. Ansaruddin, 5 BLT 191. File No. 1 M-49/98. Judgment Kazi Ebadul ......tary, Ministry of Law, Justice and Parliamentary Affairs for circulation to the District Judges for guidance of all subordinate courts. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 242...Category: Criminal Law | Date: | Hits: 73
Nurul Huq Vs. Secretary, Rural Electrification Board and another, 1991, 20 CLC (HCD)
....ng before us to show that the petitioner was given an opportunity of being heard personally or to cross-examine the witnesses. By not giving the opportunity the petitioner has been denied natural justice. 10. With regard to the submission made by Mr. S A M Mahbub Elahi, the learned Advocate f......the said lines were constructed hurriedly within 8/9 hours in one day. Then on 5.7.86 the said Executive Engineer asked the petitioner by his memo dated 5.7.86 to dismantle the unauthorised lines and accordingly the petitioner on 9.7.86 dismantled the lines and that the Superintendent Engineer took ......the Petitioner. Md. Abdur Rashid, Advocate ‑ For the Respondents. Writ Petition No.406 of 1987. Judgment Mainur Reza Chowdhury J.- This Rule Nisi was issued calling upon the respondents to show cause why the order of dismissal dated 3.2.87 (Annexure G) should not be declaral to have be...... Mainur Reza Chowdhury J.- This Rule Nisi was issued calling upon the respondents to show cause why the order of dismissal dated 3.2.87 (Annexure G) should not be declaral to have been made without lawful authority and to be of no legal effect. 2. The petitioner's case is as follows: The pet..Category: Employment/Service Law | Date: | Hits: 65
55905589558855865585558455835581558055795578557755765575557455735572557155705569