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Abdul Mannan Khan (Md.) Vs. Bangladesh and others, 2006, 35 CLC (HCD)

....nt agencies and increase accountability and transparency of State actions, is particularly concerned to note that the respondent No.4, former President Hossain Md. Ershad, along with 16 other accused-persons were tried in the Special Case No.11 of 1992 by the 2nd Court of Additional Ses­sions Judge......te a copy of the judgment and order at once to the concerned authority for information and necessary action in accor­dance with law. Ed. This Case is also Reported in: 13 BLC (HCD) (2008) 657. ......erned authority for information and necessary action in accor­dance with law. Ed. This Case is also Reported in: 13 BLC (HCD) (2008) 657. ......te a copy of the judgment and order at once to the concerned authority for information and necessary action in accor­dance with law. Ed. This Case is also Reported in: 13 BLC (HCD) (2008) 657. ..

Category: Criminal Law | Date: 25 May, 2006 | Hits: 43

Mostafa Kamal Vs. State, 2006, 35 CLC (HCD)

.... sent up to appear at the S.S.C. examination, 2005 and was still minor. On refusal the accused Rabiul Hasan had turned furious and threatened to lift her by any means and conspired with other accused persons. On 22.1.2005 at 8.00 hours the accused persons attacked the house of the informant and by h......re the Tribunal and petition of appeal as well as application for direction to release the victim to the appellant in Criminal Appeal No.3726 of 2005 carefully we find that appellant in the appeal is interested not to safe guard the genuine interest and welfare of the victim but to defend the princi......ficer-in-Charge, Rangunia Police Station, P.S. Rangunia, District Chittagong. Ed. This Case is also Reported in: 26 BLD (HCD) (2007) 311. ......to the Superintendent of Police, Chittagong and Officer-in-Charge, Rangunia Police Station, P.S. Rangunia, District Chittagong. Ed. This Case is also Reported in: 26 BLD (HCD) (2007) 311. ..

Category: Women and Children | Date: 10 May, 2006 | Hits: 6

National Securities and Consultant Ltd. Vs. Chairman, Securities and Exchange Commission, 2006, 35 CLC (HCD)

....ding process. On the ba­sis of a fact finding process if the commission of any offence is disclosed, the respondent authority is entitled to institute any criminal proceeding against the person or persons in­volved in the commission of the offence. In such a case before the initiation of the c...... In the result, the Rule is discharged. Communicate the judgment and order immediately to the parties concerned. Ed. This Case is also Reported in: 28 BLD (HCD) (2008) 57. ......udgment and order immediately to the parties concerned. Ed. This Case is also Reported in: 28 BLD (HCD) (2008) 57. ...... In the result, the Rule is discharged. Communicate the judgment and order immediately to the parties concerned. Ed. This Case is also Reported in: 28 BLD (HCD) (2008) 57. ..

Category: Business or Commercial Law | Date: 9 May, 2006 | Hits: 6

Hasmot Ali and others Vs. Chairman, 3rd Labour Court, Dhaka and others, 2006, 35 CLC (HCD)

....ny gap. From note sheets of the Biman Corporation it appears that the names of the petitioners were mentioned for recruitment by the Higher Authority for appointment as Aircraft Mechanics. Fourteen persons having requisite qualifications H.S.C. (Science) were appointed in the respective posts. A......periods will be treated as leave without wages. Communicate copies of the judgment at once to the concerned authorities. Ed. This Case is also Reported in: 28 BLD (HCD) (2008) 427. ...... copies of the judgment at once to the concerned authorities. Ed. This Case is also Reported in: 28 BLD (HCD) (2008) 427. ......and Apprentice Mechanic and after completion of 2 years training in Bangladesh Air Lines Training Institute and on successful result they were given appointment as Aircraft Mechanic. Their minimum educational qualifications should be S.S.C (Science) and H.S.C. (Science) having minimum 2nd Divisi..

Category: Labour and Industrial Law | Date: 27 Apr, 2006 | Hits: 9

Bangladesh Legal Aid and Services Trust (BLAST) Vs. State and four others, 2006, 35 CLC (HCD)

....the very people who by their popular votes choose their representatives for their service. 25. There comes an elected member of Parliament. He is elected from his constituency. He represents all persons in his area irrespective of whatever political party he belongs. 26. By and large, a P......nt. In the result, the Rule is made absolute but without any orders as to cost. Ed. This Case is also Reported in: 60 DLR (2008) 176; 16 BLT (HCD)(2008) 40; 13 MLR (HCD) (2008) 233. ......out any orders as to cost. Ed. This Case is also Reported in: 60 DLR (2008) 176; 16 BLT (HCD)(2008) 40; 13 MLR (HCD) (2008) 233. ......nt. In the result, the Rule is made absolute but without any orders as to cost. Ed. This Case is also Reported in: 60 DLR (2008) 176; 16 BLT (HCD)(2008) 40; 13 MLR (HCD) (2008) 233. ..

Category: Constitutional Law | Date: 27 Apr, 2006 | Hits: 131

Md. Zulfikar Mahmud Vs. National University and others, 2006, 35 CLC (HCD)

....d to implement this order as per rules within 30 days from the date of receipt the copy of this judgment and report compliance. Ed. This Case is also Reported in: 26 BLD (HCD) (2007) 495. ......d to implement this order as per rules within 30 days from the date of receipt the copy of this judgment and report compliance. Ed. This Case is also Reported in: 26 BLD (HCD) (2007) 495. ......the date of receipt the copy of this judgment and report compliance. Ed. This Case is also Reported in: 26 BLD (HCD) (2007) 495. ......d to implement this order as per rules within 30 days from the date of receipt the copy of this judgment and report compliance. Ed. This Case is also Reported in: 26 BLD (HCD) (2007) 495. ..

Category: Employment/Service Law | Date: 18 Apr, 2006 | Hits: 2

Rabya Khatun Vs. State and another, 2006, 35 CLC (HCD)

....ion arises frequently before the trial Courts. Recently, we have come across a good number of cases of similar na­ture decided by this Court, as well be dis­cussed later on, where the accused persons have been acquitted despite the fact that the prosecution has examined the attesting seizure......an­datory, and any search and seizure without strictly complying with the aforesaid provi­sions of law must be held illegal and that the police personnel conducting the search and seizure are interested witnesses and corroboration of their evidence by impartial witnesses is necessary. 1...... be set at liberty at once, if not wanted in connection with any other case. Ed. This Case is also Reported in: 26 BLD (HCD) (2007) 473. ......appellant is found not guilty of the charge and she be set at liberty at once, if not wanted in connection with any other case. Ed. This Case is also Reported in: 26 BLD (HCD) (2007) 473. ..

Category: Criminal Law | Date: 18 Apr, 2006 | Hits: 10

Kishore Kumar Dutta Vs. State, 2006, 35 CLC (HCD)

.... Dutta and Bijoya Dutta, all sons and wife respectively of Bhupal Chandra Dutta used to torture Gouri Dev for dowry. In order to satisfy the lust of dowry accued Kishore Kumar Dutta and other accused persons on 22.8.2001 at 9-00 P.M. put forward a demand of dowry of Taka 1,00,000/-. Gour Dev refused......en on bail in the Criminal Appeal, bail bond furnished by him stands discharge. Lower Court's Record be sent down at once. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 174. ......shed by him stands discharge. Lower Court's Record be sent down at once. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 174. ......en on bail in the Criminal Appeal, bail bond furnished by him stands discharge. Lower Court's Record be sent down at once. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 174. ..

Category: Women and Children | Date: 20 Feb, 2006 | Hits: 127

Md. Abdul Hannan alias Khalil Vs. Sate and another, 2006, 35 CLC (HCD)

....he appellant at the very out set argues that the Court below acted without jurisdiction holding trial of the case. The Court had no jurisdiction to take cognizance of the offence, against the accused persons and to hold trial as there was no material before the Court that the complainant approached ...... Send down the lower Court's records at once with a copy of the judgment for information and for taking necessary action. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 291. ......ith a copy of the judgment for information and for taking necessary action. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 291. ...... Send down the lower Court's records at once with a copy of the judgment for information and for taking necessary action. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 291. ..

Category: Women and Children | Date: 7 Feb, 2006 | Hits: 78

Abdul Aziz & Government of Bangladesh Vs. Hindu Deity Luxmi Gobinda Jew & ors, 2006, 35 CLC (AD)

.... of evidence on record and the next submission that the courts below upon considering the oral as well as documentary evidences found that the suit was not brought before Civil Court by the aggrieved persons against the order of Revenue Officer under section 92(4) of the S.A.T. Act within the period......the Civil Appeal No. 216 of 2000 is dismissed with cost of Tk. 500/- and the Civil Appeal No. 217 of 2000 is dis­missed without any order as to cost. Ed. This Case is also Reported in: ......t. Ed. This Case is also Reported in: ......the Civil Appeal No. 216 of 2000 is dismissed with cost of Tk. 500/- and the Civil Appeal No. 217 of 2000 is dis­missed without any order as to cost. Ed. This Case is also Reported in: ..

Category: Property Law | Date: 8 Dec, 2005 | Hits: 90

Most. Musarraf Sultana Vs. Principal and Member-Secretary, Kanchipara Mahabidhyalaya and others, 2005, 34 CLC (HCD)

....med to have been in her service in the post of Lecturer in Econom­ics. Send down the lower Court records at once. Ed. This Case is also Reported in: 26 BLD (HCD) (2007) 66. ......med to have been in her service in the post of Lecturer in Econom­ics. Send down the lower Court records at once. Ed. This Case is also Reported in: 26 BLD (HCD) (2007) 66. ......tion) Present: Md. Abdul Aziz J Most. Musarraf Sultana………………………………………………………………………………………Petitioner Vs. Principal and Member-Secretary, Kanchipara Mahabidhyalaya and others……Opposite Parties Judg......med to have been in her service in the post of Lecturer in Econom­ics. Send down the lower Court records at once. Ed. This Case is also Reported in: 26 BLD (HCD) (2007) 66. ..

Category: Employment/Service Law | Date: 6 Dec, 2005 | Hits: 6

State Vs. Maku Rabi Das, 2005, 34 CLC (HCD)

....d at his own showing police recovered the said weapon from that place. On the following morning, Dhirua Rabi Das, son of the deceased lodged first information report against the aforesaid two accused-persons. 3. The case was endorsed to the Sub- Inspector of Police, Abdul Mazid, who held the in......d. Connected jail appeal stands dismissed accordingly. Send down the LCRs along with copy of the judgment to the Court below immediately. Ed. This Case is also Reported in: 58 DLR (2006) 229.......ented by National Legal Aid. Death Reference No.105 of 2003 with Jail Appeal No.611 of 2003. Judgment Khondker Musa Khaled J. - This is a reference under section 374 of the Code of Criminal Procedure, made by the learned Additional Sessions Judge, Habiganj, for confirmation of death s......d. Connected jail appeal stands dismissed accordingly. Send down the LCRs along with copy of the judgment to the Court below immediately. Ed. This Case is also Reported in: 58 DLR (2006) 229...

Category: Criminal Law | Date: 21 Nov, 2005 | Hits: 82

Jabbar and others Vs. State, 2005, 34 CLC (HCD)

....appellant Kibria gave him three chhora blows. He (informant) saw the above occurrence by the light of burning hurricane in the hand of his wife and also by the flash of torch lights of the accused persons. Accused Afsar, Chandu, Motaleb, Motleb, Khaleque and Mannan entering the main hut took awa......ng the impugned judgment and or­der. He submits that the prosecution failed to prove the charge against the appellants be­yond all reasonable doubt adducing cogent and convincing evidence. No disinterested and independent witness was examined in support of the prosecution case. The appel­lant...... this judgment, for in­formation and taking necessary action. Ed. This Case is also Reported in: 26 BLD (HCD) (2007) 29.  ......d down the lower Court's records at once with a copy of this judgment, for in­formation and taking necessary action. Ed. This Case is also Reported in: 26 BLD (HCD) (2007) 29.  ..

Category: Criminal Law | Date: 18 Oct, 2005 | Hits: 3

World Tel Bangladesh Ltd. Vs. Bangladesh, 2006, 35 CLC (AD)

.... in the market of telecommunication system or services. 49. Section 37(3)(g) provides prohibition on showing any preference to or making any discrimination against a particular person or class of persons in case of providing services giving connection or permission by the licence. 50. From t...... reasons assigned by the High Court Division in the impugned order, we do not find any illegality with the impugned judgment for our interference. The petition is, accordingly, dismissed. Ed. ...... interference. The petition is, accordingly, dismissed. Ed. ...... reasons assigned by the High Court Division in the impugned order, we do not find any illegality with the impugned judgment for our interference. The petition is, accordingly, dismissed. Ed. ..

Category: Information Technology Law | Date: 25 Aug, 2005 | Hits: 331

M/S. Marine Contacts, represented by Md. Mofazzal Hossain Vs. People's Republic of Bangladesh, 2005, 34 CLC (HCD)

....e Tender and has got experience to evaluate it. He is not the only person deciding the merit of the deviation. The finding of the Executive Engineer has been verified by a large number of technical persons consisting of civil officers and the same evaluation report has been accepted by the Secre......ated 15.1.2005 the time limit was extended which caused anger and annoyance to the concerned officers. The Executive En­gineer, respondent No.6 and Chairman of the Tender Evaluation Committee was interested in giving the Purchase Order to a Tenderer of his choice and as such he was not impartia...... the Rule is discharged without any order as to cost. Ed. This Case is also Reported in: 26 BLD (HCD) (2007) 20. ......cumstances we do not find any substance in this Rule. Accordingly the Rule is discharged without any order as to cost. Ed. This Case is also Reported in: 26 BLD (HCD) (2007) 20. ..

Category: Others | Date: 15 Aug, 2005 | Hits: 6

Bangladesh Legal Aid and Service Trust (BLAST) Vs. Bangladesh & another, 2005, 34 CLC (HCD)

....ipation of the grass-root level people in the villages in its development activities. It is further stated that although Gram Sharker, is not a directly elected body but it is formed with the elected persons in order to assist the Union Parishad as its supporting organization but would not interfere......VI of 2003), is declared unconstitutional and void. 45. In the result, the Rule is made absolute but without an order as to costs. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 156. ...... 45. In the result, the Rule is made absolute but without an order as to costs. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 156. ......VI of 2003), is declared unconstitutional and void. 45. In the result, the Rule is made absolute but without an order as to costs. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 156. ..

Category: Constitutional Law | Date: 2 Aug, 2005 | Hits: 343

Sadeque @ Sadequr Rahman Vs. State, 2005, 34 CLC (HCD)

....r alias Khandoker Matiur Rahman, the local witnesses of the cattle market, deposed that they heard about the commission of dacoity in the cattle market of Putia Bazar and also heard that 3 (three) persons were killed by the dacoits. 15. P.W. 4, Abdul Awal, P.W. 8, Md. Kawser Alam and P.W. ......er case. Send down the lower Court records at once with a copy of this judgment for information and taking necessary action. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 498. ...... copy of this judgment for information and taking necessary action. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 498. ......er case. Send down the lower Court records at once with a copy of this judgment for information and taking necessary action. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 498. ..

Category: Procedural Law | Date: 27 Jul, 2005 | Hits: 9

Md. Azizur Rahman Vs. Mosammat Nazmun Nahar, 2005, 34 CLC (HCD)

.... failure she was driven out from the house of the defendant under the influence of his parents. The father of the plaintiff took her back again to the house of her husband on 7.11.98 along with other persons and approached them to keep her in their house but the defendant under the direction of his ......t aside. The order of stay passed earlier by this Court is hereby vacated. Send down the lower Court records at once. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 246. ......…Opposite party Judgment July 26, 2005. Result: The Rule is discharged. The Evidence Act, 1872 (Act No. I of 1872), section 35 The voter list and the Nikahnama being public documents the entries made therein have the presumption of correctness under the provisio......t aside. The order of stay passed earlier by this Court is hereby vacated. Send down the lower Court records at once. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 246. ..

Category: Evidence Law | Date: 26 Jul, 2005 | Hits: 169

Humayun Hafiz (Md.), Intelligence Officer Vs. People's Republic of Bangladesh represented by the Secretary, Internal Resources Division, Ministry of Finance and others, 2005, 34 CLC (HCD)

....s Judgment July 24, 2005. Result: The Petitions are discharged. It is now settled by our apex court that matters relating to or arising out of the terms and conditions of the persons in the service of the Republic should be adjudicated by the Administrative Tribunal exclusiv......d be discharged as being not maintainable. In the result, both the writ petitions are discharged without, any order as to costs. Ed. This Case is also Reported in: 57 DLR (2005) 609. ......ult, both the writ petitions are discharged without, any order as to costs. Ed. This Case is also Reported in: 57 DLR (2005) 609. ...... due to placing him at the top of the gradation list, some of the hostile elements to the petitioner made a representation to the authority alleging that the petitioner had submitted false and forged educational certificate/testimonials showing himself as B.Com. passed in order to be absorbed in the..

Category: Administrative Law, Employment/Service Law | Date: 24 Jul, 2005 | Hits: 8

Ashraful Alam (Md.) Vs. State, 2005, 34 CLC (HCD)

....petitioner Md. Ashraful Alain, ho is currently on bail, is discharged from his bail bond. Send down the LCR at once. Ed. This Case is also Reported in: 57 DLR (2005) 718.   ......hat the accused petitioner is quite innocent and he committed no offence under section 6(5) (b) of the Muslim Family Laws Ordinance, 1961. He further submits that the prosecution witnesses are highly interested and, as such, their evidence are not fair and true; that the learned appellate Court did ......ail, is discharged from his bail bond. Send down the LCR at once. Ed. This Case is also Reported in: 57 DLR (2005) 718.   ......petitioner Md. Ashraful Alain, ho is currently on bail, is discharged from his bail bond. Send down the LCR at once. Ed. This Case is also Reported in: 57 DLR (2005) 718.   ..

Category: Family Law | Date: 4 Jul, 2005 | Hits: 2