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Mohor Ranjan Pal and others Vs. State, 1997, 26 CLC (HCD)
....time of issuance of the Rules stand vacated. Let a copy of this judgment be sent to the learned Divisional Special Judge, at once. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 163. ......mmitted by them while acting or purporting to act in the discharge of their official duty. More so, the larger interest of efficiency of the State Administration demands that public servant should be free to perform their official duty fearlessly and undeterred by apprehension of their possible pros...... were Government servants at the time of commission of the said offences. And for the prosecution of the said two Government Servants, the police during the course of investigation, obtained sanction from the Government for their prosecution and filed the same along with the charge-sheet; whereupon ......time of issuance of the Rules stand vacated. Let a copy of this judgment be sent to the learned Divisional Special Judge, at once. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 163. ..Category: Criminal Law | Date: | Hits: 71
Jamil Akhter Elahi (Md.) Vs. Government of Bangladesh and others, 2009, 38 CLC (HCD)
....ion is misconceived and the Rule is liable to be discharged. In the result, the Rule is discharged but without any order as to cost. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 64.......ning a driver with his salary, bonus, pension and other incidental benefits. The total cost on post audit comes to Taka 9,87,058 per car per year. But under the new science, even allowing an interest free loan and also maintenance allowance, the total cost per car comes to Taka 4,15,050 as such, on ......ued without lawful authority and is of no legal effect and/or such other or further order or orders passed as to this Court may seem tit and proper. The Rule is made returnable within 2(two) weeks from date. In the meantime, let the operation of the impugned প্রধান কার্......ion is misconceived and the Rule is liable to be discharged. In the result, the Rule is discharged but without any order as to cost. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 64...Category: Others | Date: | Hits: 134
Nasiruddin (Md.) Vs. State, 2009, 38 CLC (HCD)
.... the result, the appeal is allowed with modification. Send down the Lower Court Records at once. Communicate the order at once. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 49. ......d even a case of faint doubt in this case. 38. Duty of the Court is not only to see that no innocent man should be punished, but also to ensure that no person committing an offence should go scot-free as held in the case of Krishna Mochil Vs. State of Bihar 2002 SCC (Cri) 1220. 39. Before, pa......sonment for 14 years and 7 years, respectively, and further directing that both the sentences shall run concurrently and that the period during which the accused was in jail custody shall be deducted from the term of sentence and that the seized arms and ammunition be forfeited in favour of the Stat...... the result, the appeal is allowed with modification. Send down the Lower Court Records at once. Communicate the order at once. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 49. ..Category: Criminal Law | Date: | Hits: 79
Al Baraka Bank Bangladesh Ltd. Vs. Rina Alam and another, 2004, 33 CLC (HCD)
....ffirmed. The bank is directed to return the schedule document within seven days of receipt of this judgment. Send down the LCR at once. Ed. This Case is also Reported in: 56 DLR (2004) 588.......l facility. She did not execute charge documents dated 9‑3‑89. On 17‑3‑88 Shawkat Ali mortgaged the property of the plaintiff in connection against two loans. On 17‑3‑88 the house was not free from liability. Then, Shawkat Ali adjusted entire loan. On 13‑7‑92 he obtained non liabilit......t get back the schedule deed before adjustment of the loan of Coast Marine Line Ltd. 8. By amendment of the written statement, the defendant bank further stated that they already obtained a decree from the Artha Rin Adalat on 24-5‑01 and Artha Rin Adalat found the property of the plaintiff wa......ffirmed. The bank is directed to return the schedule document within seven days of receipt of this judgment. Send down the LCR at once. Ed. This Case is also Reported in: 56 DLR (2004) 588...Category: Civil Law | Date: | Hits: 109
Abdur Rashid Chowdhury Vs. Additional District Judge and others, 2003, 32 CLC (HCD)
....by directed to proceed with the suit by issue of the summons/notice however, in accordance with law, expeditiously. Communicate at once. Ed. This Case is also Reported in: 56 DLR (2004) 573. ......shed in English. In the event of any conflict between the Act and the English text, the Act shall prevail. The law is, no doubt, new. It was mainly made to meet the challenges of bankruptcy under the free market economy. The terms and sections of the Act considered, and upon which views expressed by......(eleven crore) including liabilities of Taka 2,34,00,000 clearly promising to pay Taka 8,66,00,000 equally to the plaintiff and his brother within 15 days of the expiry of a period of eighteen months from the date of commencement of construction. The defendants got possession of the land with execut......by directed to proceed with the suit by issue of the summons/notice however, in accordance with law, expeditiously. Communicate at once. Ed. This Case is also Reported in: 56 DLR (2004) 573. ..Category: Others | Date: | Hits: 185
....er of stay granted earlier by this Court stands vacated. Let a copy of the judgment along with lower Courts record be sent down at once.
Ed.
This Case is also Reported in: 16 MLR (HCD) (2011) 49.......any substance.
15. Mr. Goutam Kumar Roy, the learned Deputy Attorney General next submits that the very nature of transfer of the suit property to the plaintiffs by way of a registered deed is not free from doubt inasmuch as it is apparent from the record that the whereabouts of the original owne...... and accordingly, the plaintiff Nos. 1-5 became exclusive owner of the suit land; that entire land of the suit plot including the structure thereon was requisitioned by the then Government on 26.9.47 from the defendant Nos. 4-7, the original owner of the land including the suit land for the purpose ......er of stay granted earlier by this Court stands vacated. Let a copy of the judgment along with lower Courts record be sent down at once.
Ed.
This Case is also Reported in: 16 MLR (HCD) (2011) 49...
Category: Property Law | Date: | Hits: 64
Md. Mosharaf Hossain Sukani Vs. State and another, 2009, 38 CLC (HCD)
....d for. Hence the Rule fails. In the result, the Rule is discharged. Order of stay stands vacated. Send down the LCR at once. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 35. ......cter with the government decision dated 10.11.2005 to have the case investigated by RAB, is the independent decision of the Government in matter of investigation and as such the government is free to decide which case will be investigated by whom and that the accused petitioner has got no st......Shipping limited; that he was working in the vessel on the basis of contract of 6 months and the terms of contract was scheduled to expire on 12.02.2004 but the complainant came to know on 08.02.2004 from Danik Ajker Kagoj, a daily national that his son Musa Bin Siraj is said to be missing from the ......d for. Hence the Rule fails. In the result, the Rule is discharged. Order of stay stands vacated. Send down the LCR at once. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 35. ..Category: Criminal Law | Date: | Hits: 76
Adilur Rahman Khan Vs. Bangladesh, 2008, 37 CLC (HCD)
....hority and are of no legal effect. We are grateful to the members of the bar who have actively assisted us. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 3; 16 BLC (HCD) (2011) 100. ...... the country for their human rights activism and also for their work for enforcement of rule of law, independence of judiciary, protection of human rights, which include, amongst others, a corruption free society. The petitioners are citizens of Bangladesh and as members of different activist groups......ntion makes it mandatory for each state to take, to the highest extent possible within its domestic legal system, such measures as may be necessary to enable confiscation of proceeds of crime derived from offences or the property the value of which corresponds to that of such proceeds. 9. Further......hority and are of no legal effect. We are grateful to the members of the bar who have actively assisted us. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 3; 16 BLC (HCD) (2011) 100. ..Category: Constitutional Law | Date: | Hits: 264
Babul Vs. State, 2002, 31 CLC (HCD)
....and he is acquitted of the same and set at liberty at once if not wanted in any other case. Lower Court's Records be sent down at once. Ed. This Case is also Reported in: 57 DLR (2005) 158. ......n'ble Chief Justice. 4. In exercise of power envisaged under section 429 of the Code of Criminal Procedure (hereinafter referred to as The Code), I shall examine the whole case independently being free from any approach adopted by learned Judges and decisions rendered by them and, also, without b...... Chief Justice. 4. In exercise of power envisaged under section 429 of the Code of Criminal Procedure (hereinafter referred to as The Code), I shall examine the whole case independently being free from any approach adopted by learned Judges and decisions rendered by them and, also, without being ......and he is acquitted of the same and set at liberty at once if not wanted in any other case. Lower Court's Records be sent down at once. Ed. This Case is also Reported in: 57 DLR (2005) 158. ..Category: Criminal Law | Date: | Hits: 84
....already been deducted earlier, on account of pension.
In the result, this Rule Nisi is made absolute but without any order as to costs.
Ed.
This Case is also Reported in: 57 DLR (2005) 113.
......ding an election is to give an opportunity to the people to exercise their right of franchise so that they can elect their own representatives to their national Parliament. But if the election is not free and fair, they will obviously be deprived of their such basic right. This will go to the root o......eady deducted/taken since March 2003, on account of hypothetical net pension.
Facts: The case of the petitioners:
2. It is stated in the petition that Mr. MA Sayeed, the petitioner No.1 retired from his earlier service in the Republic of Bangladesh on 14‑2‑1994 with monthly gross pension o......already been deducted earlier, on account of pension.
In the result, this Rule Nisi is made absolute but without any order as to costs.
Ed.
This Case is also Reported in: 57 DLR (2005) 113.
..
Category: Employment/Service Law | Date: | Hits: 99
Karnaphuli Fertilizer Co. Ltd. Vs. Chairman, First Labour Court and another, 2002, 31 CLC (HCD)
.... legal effect. In the circumstances, the Rule is made absolute without any order as to costs. Let the lower Court records be sent down. Ed. This Case is also Reported in: 56 DLR (2004) 502........ The case of Khulna Newsprint Mills Ltd. Vs. Khulna Newsprint Employees Union, 25 DLR (SC) 85 was referred to in this connection. The learned Advocate contends with force that any employer is always free to take recourse to a simple order of termination in order to avoid the complex disciplinary ac......hittagong alleging, inter alia, that he was appointed initially as an Apprentice Trainee in the establishment of the petitioner on 17-6‑1995 and was subsequently confirmed as Operator with effect from 17‑12‑1995. Respondent No. 2 since his appointment had been discharging his duty with hones...... legal effect. In the circumstances, the Rule is made absolute without any order as to costs. Let the lower Court records be sent down. Ed. This Case is also Reported in: 56 DLR (2004) 502...Category: Labour and Industrial Law | Date: | Hits: 152
Dr. Mohiuddin Farooque and another Vs. Bangladesh, 1997, 26 CLC (HCD)
....and 1576 of 1994 by two applications under Article 102 of the Constitution, called in question the activities and implementation of ‘FAP’-20’, undertaken in the District of Tangail apprehending environmental ill effect of a Flood Control Plan affecting the life, property, livelihood, vocation ......observed- “Articles 31 and 32 of our Constitution protect right to life as Fundamental Right. It encompasses within its ambit, the protection and preservation of environment, ecological balance, free from pollution of air and water, sanitation without which life can hardly be enjoyed. Any act o......ficials. Moreover, 3 seminars were held at Tangail wherein Members of the Parliament of the locality participated and expressed their views regarding the project. Views of the elected representatives from the local level upto the national level have been taken. All possible groups of people likely t...... “Articles 31 and 32 of our Constitution protect right to life as Fundamental Right. It encompasses within its ambit, the protection and preservation of environment, ecological balance, free from pollution of air and water, sanitation without which life can hardly be enjoyed. Any act or omission..Category: Environmental Law | Date: | Hits: 1051
Abu Taleb Vs. State, 1988, 17 CLC (HCD)
....e set at liberty forthwith, if not wanted in connection with any other case. Let the lower Court records be sent down immediately. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 239.......ncies and contradictions shaking the very foundation of the case against the accused appellant. From the confessional statement itself it is found that the maker has not given a full disclosure and free account of the occurrence in order to satisfy the Court that he was really involved in the da......more by the Assistant Sessions Judge, Sirajgonj in Sessions Case No.274 of 1981. 2. The prosecution case, in brief, is that the complainant-informant P.W.1 Mobarak Hossain was a driver. He started from Station Road Sirajgonj towards Bogra at 7-30 A.M. on 16.3.80 with the bus bearing No.3001 Bogra......e set at liberty forthwith, if not wanted in connection with any other case. Let the lower Court records be sent down immediately. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 239...Category: Criminal Law | Date: | Hits: 84
Ayar @ Ayaruddin and others Vs. State, 2004, 33 CLC (HCD)
....for taking necessary actions in this regard in the light of the observations made above within 7(seven) days from the date of receipt hereof. Ed. This Case is also Reported in: 56 DLR (2004) 495....... of the Code lays down the procedure as to when, how and to whom, the copy of the judgment is to be given. It provides that in certain cases the copy of the judgment be given to the convicted accused free of cost. Even the application for a copy of the judgment need not be stamped. The copy of the j......ing upon this form and made endorsement in the order sheet stating that the petitions of appeal were communicated without being accompanied by copies of the judgment. More than ninety percent appeals from the judgments and orders of conviction of the Special Tribunals under Special laws have been co......for taking necessary actions in this regard in the light of the observations made above within 7(seven) days from the date of receipt hereof. Ed. This Case is also Reported in: 56 DLR (2004) 495...Category: Criminal Law | Date: | Hits: 73
Abdur Rahman (Md.) & another Vs. Government of Bangladesh and others, 2004, 33 CLC (HCD)
.... Court on notice of a large development scheme undertaken by the Sirajganj Pourashava to re‑excavate the old Katakhali river with a view to making Sirajganj a model town by improving its ecological environment. In that regard, steps have already been taken to require illegal occupants to vacate la......ed thereon. The order of stay granted at the time of issuance of this Rule is hereby recalled and vacated. There is no order as to costs. Ed. This Case is also Reported in: 57 DLR (2005) 60. ...... declaring their title in 0.20 acres of land of CS Plot No.3600 of Mouza Botardia. In that suit the three plaintiffs stated that their predecessor Hari Prashanna Ghosh got settlement of the suit land from the landlord but that in the SA Khatian the said land was wrongly recorded in the name of the G......ed thereon. The order of stay granted at the time of issuance of this Rule is hereby recalled and vacated. There is no order as to costs. Ed. This Case is also Reported in: 57 DLR (2005) 60. ..Category: Property Law | Date: | Hits: 113
One Bank Limited and others Vs. Chaya Developer (Pvt.) Limited and others, 2011, 40 CLC (AD)
....hereafter, the respondents are directed to file the concise statement within 1 (one) week to make the appeal ready for expeditious hearing. Ed. This Case is also Reported in: VIII ADC (2011) 963.......y, writ respondent No.4 the owner of the property, and Trust Bank entered into a tripartite agreement whereby the petitioner made payment of a big amount to the Bank in order to make the land owner free from liability. The petitioner company paid Tk. 6, 00, 00,000.00 (Taka six crore) to the Trust ......as follows: 6. The writ petitioner company proposed to develop the land of Plot No.8, Road No.104, Gulshan Model Town, Dhaka which belonged to writ respondent No. 4 Mohammad Yahya who got the same from RAJUK in 1996 by way of lease for 99 years vide deed of agreement of lease dated 22.07.1.996. T......hereafter, the respondents are directed to file the concise statement within 1 (one) week to make the appeal ready for expeditious hearing. Ed. This Case is also Reported in: VIII ADC (2011) 963...Category: Civil Law | Date: | Hits: 59
Khokan Chandra Mondal and another Vs. Nanda Lal Mridha and another, 2010, 39 CLC (AD)
....fering with the concurrent findings of fact of the Courts below. Accordingly, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: VIII ADC (2011) 926. ...... decree since the suit land is vague and not identifiable. The contract sought to be enforced must be certain, unambiguous, mutual and upon a valuable consideration; it must be fair in all its parts; free from any misrepresentation, imposition or surmise, riot an unconscionable; and its performa......refused to perform his-part of obligation. 3. Defendant contested the suit denying all material allegations made in the plaint. His case in short is that the plaintiffs took lease of the suit land from him for pisciculture for two years from 1393 B.S. After the expiry of the term the defendant ......fering with the concurrent findings of fact of the Courts below. Accordingly, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: VIII ADC (2011) 926. ..Category: Civil Law | Date: | Hits: 55
Siraj Mal and others Vs. State, 1992, 21 CLC (HCD)
.... earlier granted by this Court be discharged from his bail bond. Let the LC Records be sent down to the Court below expeditiously. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 688. ......s false and fabricated and the same was not true and voluntary and she asserted in her subsequent statement that she had no love affair with accused Nuru and there was no marriage tie with him by any free consent and that she was only 13 years of age and was a student of Class VIII and that the repo...... appellant Siraj Mal caught hold of the victim girl Shilpi P.W.3 and pressed a piece of cloth on her mouth and then accused Nurul Islam @ Nuru and Rashid lifted her on their shoulder and took her out from the room and left the place of occurrence firstly turning towards the cast from the room and th...... earlier granted by this Court be discharged from his bail bond. Let the LC Records be sent down to the Court below expeditiously. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 688. ..Category: Criminal Law | Date: | Hits: 69
....District Dhaka now detained in Dhaka Central Jail be released at once unless his further detention is required in any other connection.
Ed.
This Case is also Reported in: 49 DLR (HD) (1997) 63.
......ned Deputy Attorney‑General is instructed to send a copy of this order to the proper authorities for their guidance.
Let a copy of this order be supplied to the learned Deputy Attorney‑General free of cost if he asks for it.
The Rule is, accordingly, made absolute.
Let the detenu Md. Ma......of the Senior Assistant Secretary (Security) Ministry of Home Affairs, Government of Bangladesh and by this order the period of detention was extended for a further period of three months with effect from 1-6-95.
3. Thereafter, the petitioner filed this application invoking the writ jurisdiction ......District Dhaka now detained in Dhaka Central Jail be released at once unless his further detention is required in any other connection.
Ed.
This Case is also Reported in: 49 DLR (HD) (1997) 63.
..
Category: Criminal Law | Date: | Hits: 105
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. ......o be done, the Election Commission has plenary power to act under Article 119 of the Constitution which is the reservoir of power for the election commission to act for the onward purpose of ensuring free, fair and impartial election with expedition. 12. In the instant case the Returning Office......idature and nomination paper of respondent No.8 namely Mohiuddin Sikder Babul with the statement alleging that the said Mohiuddin Sikdar took an amount of Taka 6000.00 as agricultural loan on 11.1.92 from Krishi Bank on condition for repayment of the same with interest within the specified time allo...... 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. ..Category: Election Law | Date: | Hits: 153
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