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Sheikh Abdul Quddus Vs. Akram Sheikh @ Akram and others, 2005, 34 CLC (HCD)
....ross examination, he denied the defence suggestion that the victim did not tell him the occurrence and he deposed falsely. 22. P.W.5 Dr. Rafique Ahmed deposed that he is a radiologist at present posted at Jessore General Hospital. On 4‑3‑1993 he was posted in Kushtia General Hospital in the...... decision in the case of Al Amin and others Vs. State reported in 51 DLR 154, in the case of Nayan Vs. State reported in 37 DLR 237 in support of his contention. 31. In this context it must be remembered that the first information report is not the encyclopedia. It is neither the beginning nor ......ate of receipt of this order to serve out their remaining portion of sentence imposed upon them. Send down the LCR at once. Ed. This Case is also Reported in: 57 DLR (HCD)(2005) 650. ......ate of receipt of this order to serve out their remaining portion of sentence imposed upon them. Send down the LCR at once. Ed. This Case is also Reported in: 57 DLR (HCD)(2005) 650. ..Category: Evidence Law | Date: 16 May, 2005 | Hits: 4
State Vs. Md. Mominul, Md. Kalam, A. Rouf & A. Sabur, 2005, 34 CLC (AD)
....t jurisdiction. The exercise of this jurisdiction will depend upon the facts and circumstances of each case. Interference even at an initial stage may be justified where the facts are so preposterous that even on the admitted facts no case can stand against the accused and that a further p...... the accused-respondents in the case are hereby set aside and the accused respondents are directed to appear before the trial Court to face the trial in accordance with law. Ed. ......Sardar stands on the same footing with respondent Md. Abul Kalam alias Kalam. In the confessional statement the former Chairman respondent Abdur Rouf Sardar of Nagurghata Union Parishad was stated to have been serving a sentence in jail in connection with a criminal...... stands on the same footing with respondent Md. Abul Kalam alias Kalam. In the confessional statement the former Chairman respondent Abdur Rouf Sardar of Nagurghata Union Parishad was stated to have been serving a sentence in jail in connection with a criminal case ..Category: Criminal Law | Date: 16 May, 2005 | Hits: 105
Md. Abdul Halim Miah and others Vs. Bangladesh and Other, 2005, 34 CLC (AD)
....ommission wherein it was decided that if the ad hoc appointees had appeared at the interview with outside candidates when applications were invited, after ad hoc appointment for filling up the said posts and the ad hoc appointees could not become successful at the interview before the Public Servi......and our finding in the impugned judgment in Appeal we do not find any merit in the review applications. Accordingly, the same are liable to be dismissed. 30. Before we part with, this is to be remembered that 'Review' under order XXIV of the Supreme Court of Bangladesh (Appellate Division) Ru......received our due notice in the judgment sought to be reviewed." These petitions are, accordingly, dismissed. Ed. This Case is also Reported in: 26 BLD (AD) (2006) 10, 12 MLR (AD) 2007, 209 ......received our due notice in the judgment sought to be reviewed." These petitions are, accordingly, dismissed. Ed. This Case is also Reported in: 26 BLD (AD) (2006) 10, 12 MLR (AD) 2007, 209 ..Category: Employment/Service Law | Date: 9 May, 2005 | Hits: 119
Bangladesh rep. by the Ministry of Works & ors Vs. Nasima Khatoon and others, 2005, 34 CLC (AD)
.... filed by the respondents that we ourselves found it necessary to dispose of the case finally. Moreso, it appears from the records that since 1972 the owners of the property are moving from pillar to post for addressing their grievance and, as such, we are of the view that further delay in the matte......rder of the High Court Division and, in view of the discussion made above, we are inclined not to interfere. In the result the appeal is dismissed without any order as to costs. Ed. ......rder of the High Court Division and, in view of the discussion made above, we are inclined not to interfere. In the result the appeal is dismissed without any order as to costs. Ed. ......rder of the High Court Division and, in view of the discussion made above, we are inclined not to interfere. In the result the appeal is dismissed without any order as to costs. Ed. ..Category: Property Law | Date: 4 May, 2005 | Hits: 115
Rafiqul Islam Mollah (Md.) Vs. State, 2005, 34 CLC (HCD)
.... charge officer of the Thana and he himself took up inquiry into the case, went to the place of occurrence, prepared inquest on the dead body of victim Salma and sent the same to Gopalgonj morgue for post‑mortem examination. Doctor holding post‑mortem examination gave opinion that the death of t......ted and the accused appellant is sentenced to suffer imprisonment for life for the offence under section 302 of the Penal Code. Ed. This Case is also Reported in: 57 DLR (HCD) (2005) 581. ......ted and the accused appellant is sentenced to suffer imprisonment for life for the offence under section 302 of the Penal Code. Ed. This Case is also Reported in: 57 DLR (HCD) (2005) 581. ......ted and the accused appellant is sentenced to suffer imprisonment for life for the offence under section 302 of the Penal Code. Ed. This Case is also Reported in: 57 DLR (HCD) (2005) 581. ..Category: Criminal Law | Date: 19 Apr, 2005 | Hits: 6
Bangladesh rep. by Sec., Ministry of Works Vs. Mojibur Rahman and others, 2005, 34 CLC (AD)
....in the absence of a sale deed the plaintiff did not acquire title to the property. Syed Mahabubur Rahman was the Assistant Engineer in the Water Development Board but since 1972 he has not joined his post. There is no evidence that Syed Mahabubur Rahaman did not live in Bangladesh after the liberati...... the argument advanced by Mr. B Hossain and accordingly, the appeal is dismissed without any order as to costs and the judgment and order passed by the High Court Division is affirmed. Ed. ...... the argument advanced by Mr. B Hossain and accordingly, the appeal is dismissed without any order as to costs and the judgment and order passed by the High Court Division is affirmed. Ed. ...... the argument advanced by Mr. B Hossain and accordingly, the appeal is dismissed without any order as to costs and the judgment and order passed by the High Court Division is affirmed. Ed. ..Category: Property Law | Date: 27 Mar, 2005 | Hits: 101
Saber Hossain Chowdhury Vs. Bangladesh Election Commission and others, 2005, 34 CLC (AD)
.... a decision of the High Court Division being order dated 30.4.2002 passed in Election Petition No. 6 of 2001. 2. The facts, in short, are that the appellant contested the election to the post of Member of Parliament from Dhaka-6 (Motijheel-Sabujbagh) Constituency in the election on 1st ......ence. As such this appeal must succeed. In the result, the appeal is allowed without any order as to costs. The findings and decisions of the learned Single Judge are set aside. Ed. ......ence. As such this appeal must succeed. In the result, the appeal is allowed without any order as to costs. The findings and decisions of the learned Single Judge are set aside. Ed. ......ence. As such this appeal must succeed. In the result, the appeal is allowed without any order as to costs. The findings and decisions of the learned Single Judge are set aside. Ed. ..Category: Election Law | Date: 22 Mar, 2005 | Hits: 123
.... to disclose their sources of information is disposed of as no finding is necessary in this case.
Ed.
This Case is also Reported in: 57 DLR (2005) 670.
......ong University wherefrom he obtained his LLB degree. Justice Faizee was enrolled as an Advocate in 1991 and obtained permission to practice in the High Court Division in January, 1994 and he became a member of the Bangladesh Supreme Court Bar Association on 11 July 1994.
4. Justice Faisal Mahmu...... to disclose their sources of information is disposed of as no finding is necessary in this case.
Ed.
This Case is also Reported in: 57 DLR (2005) 670.
...... to disclose their sources of information is disposed of as no finding is necessary in this case.
Ed.
This Case is also Reported in: 57 DLR (2005) 670.
..
Category: Constitutional Law, Contempt of Court Law | Date: 21 Mar, 2005 | Hits: 7
Anil Chandra Paul Vs. Commissioner of Taxes, 2005, 34 CLC (HCD)
....he names and addresses of the remitters. Accordingly, the Deputy Commissioner of Taxes sent letters to twelve remitters whose names and addresses were supplied by the assessee-applicant by registered post with A/D with direction to confirm the remittance and also asked for their tax identification n......raised herein are required to be answered at this moment. With the above observations this reference application is disposed of. Ed. This Case is also Reported in: 57 DLR (2005) 756. ......raised herein are required to be answered at this moment. With the above observations this reference application is disposed of. Ed. This Case is also Reported in: 57 DLR (2005) 756. ......raised herein are required to be answered at this moment. With the above observations this reference application is disposed of. Ed. This Case is also Reported in: 57 DLR (2005) 756. ..Category: Fiscal/Taxation Law | Date: 19 Mar, 2005 | Hits: 4
Abdul Halim Gazi and others Vs. Afzal Hossain & ors., 2005, 34 CLC (AD)
....bsolute declaring that the election of the Jhalakathi Pouroshova has been vitiated as a whole and consequently canceling the Gazette notification declaring the appellant as elected to the aforesaid post and further directing the writ respondent Nos. 1 to 6 to hold a fresh election excluding the ......made above we find substance in these appeals. In the result both the appeals are allowed without any order as to costs. The impugned judgment and order complained of are set aside. Ed. ......made above we find substance in these appeals. In the result both the appeals are allowed without any order as to costs. The impugned judgment and order complained of are set aside. Ed. ......made above we find substance in these appeals. In the result both the appeals are allowed without any order as to costs. The impugned judgment and order complained of are set aside. Ed. ..Category: Election Law | Date: 15 Mar, 2005 | Hits: 168
Star Jute Mills Ltd. Vs. Chairman Labour Court, Khulna and others, 2005, 34 CLC (AD)
....ts and circumstances of the case, we do not find any substance in the submissions of the learned Counsel for the petitioner. The petitions are dismissed. Ed. This Case is also Reported in: ......ts and circumstances of the case, we do not find any substance in the submissions of the learned Counsel for the petitioner. The petitions are dismissed. Ed. This Case is also Reported in: ......he petitioner company in different categories as workers and had been serving since their employment in the petitioner company's mills. From the beginning of their service they were involved in Trade Union activities. The respondent No.2 (complain art in Case No.51 of 2001), SM Golam Rahman was an i......ts and circumstances of the case, we do not find any substance in the submissions of the learned Counsel for the petitioner. The petitions are dismissed. Ed. This Case is also Reported in: ..Category: Employment/Service Law | Date: 12 Mar, 2005 | Hits: 110
AK Fazlul Hoque Vs. Secretary, Ministry of Housing and Works and others, 2005, 34 CLC (HCD)
....foresaid retirement benefits but there was no response and thereafter on 24‑1‑2001 the writ petitioner caused issuance of demand of justice notice upon the respondent Nos.1‑5 through registered post for payment of his pension and 80% of the gratuity as per provision of law but without response......ed initially, and to submit affidavit of compliance as to service to this Court within two weeks. Ed. This Case is also Reported in: 57 DLR (2005) 725. ......ed initially, and to submit affidavit of compliance as to service to this Court within two weeks. Ed. This Case is also Reported in: 57 DLR (2005) 725. ......ed initially, and to submit affidavit of compliance as to service to this Court within two weeks. Ed. This Case is also Reported in: 57 DLR (2005) 725. ..Category: Employment/Service Law | Date: 8 Mar, 2005 | Hits: 2
.... in question, though legal, but were made to deprive the respondent No. 1 to participate in the management of the company and his interest has also been discriminated because of removing him from the post of director of the Company and also excluding him as one of the signatories of the bank account......having transferred his 875 shares to the appellant No.2, the number of shareholders of the company was reduced to three (Annexures-B and B-1 to the application); Article 31 provided presence of three members to constitute the quorum for holding the general meeting of the company and out of them one ...... and we find no cogent reason to interfere with the same.
Accordingly, the appeal is dismissed.
No order as to costs.
Ed.
This Case is also Reported in: V ADC (2008) 271.
...... and we find no cogent reason to interfere with the same.
Accordingly, the appeal is dismissed.
No order as to costs.
Ed.
This Case is also Reported in: V ADC (2008) 271.
..
Category: Company Law | Date: 22 Feb, 2005 | Hits: 364
Government of Bangladesh Vs. Md. Abu Bakar, 2006, 35 CLC (AD)
....ution of the People's Republic of Bangladesh which runs as follows :- "116. The control (including the power of posting, promotion and grant of leave) and discipline of persons employed in the judicial service ......t on 12.07.1995. 4. The respondent then filed A.T. Case No. 144 of 1995 before the Administrative Tribunal which was dismissed by judgment and order dated 09.07.1998. The learned member of the administrative Tribunal held that Article 116 of the Constitution was not applicable...... illegality in the impugned judgment and order. There is, therefore, no substance in this appeal. 15. The appeal is dismissed without any order as to cost. Ed. ...... illegality in the impugned judgment and order. There is, therefore, no substance in this appeal. 15. The appeal is dismissed without any order as to cost. Ed. ..Category: Administrative Law | Date: 16 Feb, 2005 | Hits: 126
Mustaque Hossain (Md). Vs. Md. Shajahan Miah and another, 2005, 34 CLC (AD)
....roperty Act to vacate the suit shop. That it appears that summons were regularly served on the defendant No.2 in the aforesaid suit, that it appears that the notices were also sent through registered post and acknowledgement of the same was duly received back by the Court. 3. The performa‑resp...... attributed for acceptance of the salami to render the tenant non‑ejectable in accordance with law. The petitions are dismissed. Ed. This Case is also Reported in: 26 BLD (AD) 2006, 105. ...... attributed for acceptance of the salami to render the tenant non‑ejectable in accordance with law. The petitions are dismissed. Ed. This Case is also Reported in: 26 BLD (AD) 2006, 105. ...... attributed for acceptance of the salami to render the tenant non‑ejectable in accordance with law. The petitions are dismissed. Ed. This Case is also Reported in: 26 BLD (AD) 2006, 105. ..Category: Tenancy Law | Date: 1 Feb, 2005 | Hits: 120
Monohar Joarder and others Vs. State, 2005, 34 CLC (HCD)
....police, in course of the investigation, visited the place of occurrence, prepared sketch map, seized alamat and recorded statement under section 161 of the Code of Criminal Procedure and obtained the post mortem report and finally, submitted charge‑sheet against all first information report named ...... case of Abdus Satter and others Vs. State reported in 46 DLR (AD) 239 it was observed by their Lordships as under: From the evidence on record, it can be very well said that the appellants were members of an unlawful assembly and in prosecution of the common object of that assembly to assault ......LC record be sent down to the learned Additional Sessions Judge, 1st Court, Kushtia immediately for information and necessary action. Ed. This Case is also Reported in: 57 DLR (2005) 494. ......LC record be sent down to the learned Additional Sessions Judge, 1st Court, Kushtia immediately for information and necessary action. Ed. This Case is also Reported in: 57 DLR (2005) 494. ..Category: Criminal Law | Date: 15 Jan, 2005 | Hits: 3
Nasim (Md.) and another Vs. State, 2005, 34 CLC (HCD)
....less the avenues be exhausted, one cannot invoke 561A of the Code. In spite of this legal position, if an accused finds the facts disclosed either in first information report or charge-sheet is so preposterous that no proceeding can be taken against him/her or the prosecution is legally barred in th......g Consociates Ltd. as consultant and by Memo dated 17‑5‑1999, this Consociates Ltd. was appointed as consultant. On 30‑5‑1999 a meeting was convened but the said meeting was not held as other members of the meeting, being engaged in different government works, could not attend. Thereafter, C......the Rules are discharged. The order of stay granted earlier by this Court is hereby vacated. Ed. This Case is also Reported in: 57 DLR (2005) 546. ......the Rules are discharged. The order of stay granted earlier by this Court is hereby vacated. Ed. This Case is also Reported in: 57 DLR (2005) 546. ..Category: Criminal Law | Date: 4 Jan, 2005 | Hits: 1
Altaf Hossain Golondas Vs. Bangladesh and others, 2004, 33 DLR (HCD)
....lver is declared to have been issued without any lawful authority and to be of no legal effect. No order as to cost. Ed. This Case is also Reported in: 57 DLR (2005) 323. ...... the petitioner (Annexure–C) in serial Nos.24 and 20 should not be declared to have been issued illegally and without any lawful authority. 2. The petitioner is a leader of Awami League, a member of Parliament elected from Constituency No.10, Gafargaon, Mymensingh. The petitioner is a wel......lver is declared to have been issued without any lawful authority and to be of no legal effect. No order as to cost. Ed. This Case is also Reported in: 57 DLR (2005) 323. ......lver is declared to have been issued without any lawful authority and to be of no legal effect. No order as to cost. Ed. This Case is also Reported in: 57 DLR (2005) 323. ..Category: Arms Law | Date: 14 Dec, 2004 | Hits: 9
Md. Muinuddin Zulfiquer Vs. Ministry of Shipping and others, 2004, 33 CLC (AD)
....n January 23, 1986) of the Department of Shipping (Engineer and Ship Surveyor of Inland Ships) Recruitment Rules, 1980 and the Memo No.E-1(1)/Part-6/3224 dated 27-2001 giving current charge of the post of Chief Engineer and Ship Surveyor, Department of Shipping to the respondent No.5 (Engineer a......light of the discussions made hereinabove we find no substance in the petition. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 21 BLT (AD) (2013) 132. ......light of the discussions made hereinabove we find no substance in the petition. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 21 BLT (AD) (2013) 132. ......light of the discussions made hereinabove we find no substance in the petition. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 21 BLT (AD) (2013) 132. ..Category: Employment/Service Law | Date: 4 Dec, 2004 | Hits: 5
Haider Ali and ors. Vs. State, 2004, 33 CLC (AD)
....tion 149 of the Penal Code. In this connection we may refer to the case of Abdus Samad @ AKM Abdus Samad and others vs State reported in 44 DLR (AD) 233. In this case, it is observed that section 149 postulates an unlawful assembly and commission of an offence by any of its members in prosecution of......te………..Respondent Judgment November 4, 2003. The Penal Code, 1860 (XLV of 1860), Sections 302/149 All the members of the unlawful assembly might not have the common object of murdering the victim but they......those who came to the place of occurrence to rescue the victim. In view of our above discussion we fined no substance in this appeal and accordingly it is dismissed. Ed. ......those who came to the place of occurrence to rescue the victim. In view of our above discussion we fined no substance in this appeal and accordingly it is dismissed. Ed. ..Category: Criminal Law | Date: 4 Nov, 2004 | Hits: 102
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