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Dhaka International University Vs. Secretary, Ministry of Education and others, 1997, 26 CLC (HCD)
....f the classes it cannot be presumed that classes could be started. It is stated that without fulfillment of the conditions imposed by the Grants Commission and the objection raised with regard to the environment site for the University respondent 1 cannot give permission to start the classes in the ......s have been published are entitled to certificate of the degree. In the result, the Rule is made absolute. No order as to costs. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 91. ......dated 4-7-95 inquired as to whether the University complied with the requirements of section 7(a), (c) (e) and (f) of the Private University Act, 1992. On 2-9-95 the University also sought permission from the University Grants Commission for admission of 100 students and the Commission informed that......s have been published are entitled to certificate of the degree. In the result, the Rule is made absolute. No order as to costs. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 91. ..Category: Others | Date: | Hits: 104
Syed Ahmed Vs. Abdul Khaleque and others, 1998, 27 CLC (HCD)
...., influenced by any observation made by us and he will unhesitatingly reach his own conclusion on the evidences and materials on record. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 43....... under section 164 of the Code and he duly recorded the same after complying with all the formalities. This witness further testified that the confessional statement of the accused Abdul Khaleque was free and voluntary and the accused put his signature on the statement. He proved the signature of th......and the statement is not tenable in law and the confession is no confession in the eye of law. (iii) In the First Information Report there is no mention that accused Abdul Khaleque took his father from his house on 19-3-84 and the FIR being the earliest report to the police there was necessity of......, influenced by any observation made by us and he will unhesitatingly reach his own conclusion on the evidences and materials on record. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 43...Category: Criminal Law | Date: | Hits: 42
Crown Beverage Ltd. and another Vs. Board of Investment and Others, 2004, 33 CLC (HCD)
.... stop and ensure stoppage of sale of those two drinks within the country with immediate effect. There will be no order as to costs. Ed. This Case is also Reported in: 9 BLC (2004) 601. ...... stop and ensure stoppage of sale of those two drinks within the country with immediate effect. There will be no order as to costs. Ed. This Case is also Reported in: 9 BLC (2004) 601. ......o drink" Beverage under standard (BDS-1727:2000), if the petitioner's product is "Non-Carbonated" and so applies for appropriate level and licence; (c) Thereafter, the petitioner received a letter from the respondent No. 1 on 1-3-2004 stating that the registration certificate being No. L-22030208...... stop and ensure stoppage of sale of those two drinks within the country with immediate effect. There will be no order as to costs. Ed. This Case is also Reported in: 9 BLC (2004) 601. ..Category: Others | Date: | Hits: 182
State Vs. Babul Miah, 2010, 39 CLC (AD)
....al. The appeal is, therefore, dismissed. The accused respondent is discharged of his bail bond. This Case is also Reported in: 16 MLR (AD) (2011) 35, 7 LG (AD) (2010) 203, VIII ADC (2011) 66.......he evidence of extra-judicial confession a weak peace of evidence. There is no rule of law or rule of prudence that an extra-judicial confession cannot be acted upon unless corroborated. A confession free from suspicion is a valuable peace of evidence which possesses a probative force because it ema......, Bachchu Mia(P.W.4), Kamal Hossain (P.W.6) and Haripada Das (P.W.7), the confessional statement proved by A.K.M. Humayun Kabir (P.W.13) and the circumstantial evidence of recovery of a tape recorder from the possession of P.W.4 which was said to have been sold by the accused respondent after steali......al. The appeal is, therefore, dismissed. The accused respondent is discharged of his bail bond. This Case is also Reported in: 16 MLR (AD) (2011) 35, 7 LG (AD) (2010) 203, VIII ADC (2011) 66...Category: Criminal Law | Date: | Hits: 58
Md. Riaz Uddin Khan, Advocate and another Vs. Mahmudur Rahman and others, 2010, 39 CLC (AD)
....he Daily Amar Desh has become the second most widely read vernacular newspaper on the internet. "That the contemnor-respondent No.1 appreciates that the Courts of Bangladesh operate in a difficult environment insofar as the independence of the judiciary is concerned. The contemnor-respondent No.1......empting to render them contemptible in the eyes of the public" as argued in R.V. Almon [R.V. Almon (1765), Wilm at page-270.]." 36. The powers are given to the Judges to keep the course of justice free; powers of great importance to society, for by the exercise of them law and order prevail; thos...... thereby questioned the impartiality and independence of the highest Court of the Country, which is dangerous for the stability of the society and in such circumstances, the Court is to shield itself from such acts and omissions with strictness. Such strictness has been approved and followed althrou...... petition is allowed in part. The short order quoted above forms part of this judgment. Ed. This Case is also Reported in: 63 DLR (AD) (2011) 29, 19 BLT (AD) (2011) 54, 16 MLR (AD) (2011) 161. ..Category: Criminal Law | Date: | Hits: 164
....es are made absolute without any order as to costs. The respondents are accordingly directed to reinstate the petitioners in service.
Ed.
This case is also Reported in: 52 DLR (HCD) (2000) 299.
......nt case, we are shocked to see that the functionary running the corporation has utterly failed to observe the procession of law in completing the proceeding thereby allowing the delinquent to be scot free which clearly manifests the utter callousness and negligence of the public functionaries. The l......nd show cause notice pursuant to rule 43(6) but did not serve the copy of the enquiry report as required under rule 43(5) and asked the petitioners to show cause as to why they shall not be dismissed from service within 7 days from the date of receipt of the second show cause notice under Memo No. B......es are made absolute without any order as to costs. The respondents are accordingly directed to reinstate the petitioners in service.
Ed.
This case is also Reported in: 52 DLR (HCD) (2000) 299.
..
Category: Employment/Service Law | Date: | Hits: 87
Abul Kalam Mollah Vs. State, 1999, 28 CLC (HCD)
.... 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: 51 DLR (1999) 544.......orded the confessional statement of accused Abul Kalam Mollah on 21-4-90 observing all the formalities as provided under law. He further claimed that the confessing accused confessed his guilt at his free will and that after recording the same he read it over to the accused person and that he (confe......on 342 of the Code of Criminal Procedure to which he reported his innocence. The defence examined two DWs who were duly cross-examined by the prosecution. 5. The defence case, as could be gathered from the trend of cross-examination, is total denial and, inter alia, case is that he was not presen...... 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: 51 DLR (1999) 544...Category: Criminal Law | Date: | Hits: 32
SM Fazlul Haque Vs. Salahuddin Ahmed and another, 2001, 30 CLC (HCD)
....ntly, the appeal is dismissed and the connected Rule being Civil Rule No. 225 (FM) of 1998 is also discharged without any order as to cost. Ed. This Case is also Reported in: 54 DLR (2002) 612. ...... credit under which the, beneficiary (First Beneficiary) may request the bank authorised to pay, incur a deferred payment undertaking, accept or negotiate (the Transferring Bank), or in the case of a freely negotiable credit, the bank specifically authorised in the credit as a Transferring Bank, to ......yers Involved: Khandaker Mahbubuddin Ahmed with Mustafa Niaz Muhammad, Advocates — For the Appellant. Rokanuddin Mahmud with Ms. Sheela R Rahman, Advocates — For the Respondents. Appeal from Original Order No. 84 of 1998 with Civil Rule No. 225(FM) of 1998. Judgment AHM Shamsuddi......ntly, the appeal is dismissed and the connected Rule being Civil Rule No. 225 (FM) of 1998 is also discharged without any order as to cost. Ed. This Case is also Reported in: 54 DLR (2002) 612. ..Category: Civil Law | Date: | Hits: 164
Kawsar Alam Khan Vs. State, 2000, 29 CLC (HCD)
....pellant does not leave Bangladesh without permission of the trial Court. This Judgment and order shall have no bearing on the trial. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 298....... and disembarkation. 7. When on the face of it prosecution case appears to be absurd and preposterous it would be unjust to refuse bail however serious and grave the allegation may be because in a free and civil society liberty of a citizen can neither be circumscribed nor made subservient to fan...... 2. Allegations against the appellant is that on 20-7-98 at about 14.00 hours SI of Police Liaquat Hossain, attached to Sabujbagh PS accompanied by a contingent of police force arrested the appellant from East Goran on information that he has been threatening local people with a shotgun. On interrog......pellant does not leave Bangladesh without permission of the trial Court. This Judgment and order shall have no bearing on the trial. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 298...Category: Criminal Law | Date: | Hits: 54
.... accordingly the leave petition is dismissed without prejudice to the earlier orders passed by the High Court Division and this Division.
Ed.
This Case is also Reported in: VII ADC (2010) 953. ......han Shishu Park and had no right to lease it out to the petitioner. The said park was owned by the respondent No.3, RAJUK and could not be used for any purpose other than the purpose of a park giving free access to the general public as laid down in the plan of Gulshan Model Town. However, the petit......o. Estate/888(1) 2008-2009 dated 30.04.2009 issued by respondent No.1-petitioner No.1 under signature of respondent No.2-petitioner No.2 directing the petitioner-respondent to remove all structures from the Gulshan Shishu Park (Wonderland) within seven days and also for direction upon the respon...... accordingly the leave petition is dismissed without prejudice to the earlier orders passed by the High Court Division and this Division.
Ed.
This Case is also Reported in: VII ADC (2010) 953. ..
Category: Property Law | Date: | Hits: 55
Md. Monjur Murshed Vs. Government of Bangladesh and others, 2009, 38 CLC (HCD)
....discharged but without any order as to cost. Md. Mamtaz Uddin Ahmed J.- I agree. Ed. This Case is also Reported in: 29 BLD (HCD) (2009) 699, 17 BLT (HCD) 2009, 575; 15 MLR (HCD) (2010) 296. ......se of discrimination, since all the employees are not entitled to this loan but it is only a special privilege for the senior executives of the Bank who are so entitled to the huge amount of interest free car loan and on top of it they will enjoy monthly maintenance costs from the Bank. 8. When a......o the impugned circular at the prevailing Bank rate and/or such other or further order or orders passed as to this Court may seem fit and proper. 4. The Rule is made returnable within 6(six) weeks from date. In the meantime, let the operation of the impugned Memo No. নির্দেশ প......discharged but without any order as to cost. Md. Mamtaz Uddin Ahmed J.- I agree. Ed. This Case is also Reported in: 29 BLD (HCD) (2009) 699, 17 BLT (HCD) 2009, 575; 15 MLR (HCD) (2010) 296. ..Category: Banking Law | Date: | Hits: 205
Md. Torab Ali Vs. Bangladesh Textile Mills Corporation & another, 1989, 18 CLC (HCD)
....pondents still prefer to differ from the enquiry officer. In the result, the Rule Nisi is made absolute but without any order as to costs. Ed. This Case is also Reported in: 41 DLR (1989) 138.......EF/D/343/699/85/57 dated 27.2.85 asking him to show cause why disciplinary action shall not be taken against him on the allegation that as Assistant Labour Officer the petitioner approved a list of freedom fighter workers of Tangail Cotton Mills Ltd., who abstained from their duties for a continuo......linary action shall not be taken against him on the allegation that as Assistant Labour Officer the petitioner approved a list of freedom fighter workers of Tangail Cotton Mills Ltd., who abstained from their duties for a continuous period of 3 months from 25th March to 3rd December, 1971 without ......pondents still prefer to differ from the enquiry officer. In the result, the Rule Nisi is made absolute but without any order as to costs. Ed. This Case is also Reported in: 41 DLR (1989) 138...Category: Employment/Service Law | Date: | Hits: 73
....f this Court directs the respondent in that regard. It is accordingly, ordered. The short order is treated as part of this judgment.
Ed.
This Case is also Reported in: 61 DLR (HCD) (2009) 523.
......obvious reasons since the State has not yet reached that stage socially, politically and economically.
71. Under Article 11, the Republic shall be a democracy in which fundamental human rights and freedoms and respect for dignity and worth of the human person shall be guaranteed and in which effe...... time, he undertook to tile the requisite affidavit-in-op) position. On 09-6-08 Mr Salahuddin Ahmed with Mohammad Zafar Imam, AAG appeared and disclosed that they had not yet received any instruction from the respondent. The cases were however heard in part. After few days, on 12-6-08 Mr. Md. Zafar ......f this Court directs the respondent in that regard. It is accordingly, ordered. The short order is treated as part of this judgment.
Ed.
This Case is also Reported in: 61 DLR (HCD) (2009) 523.
..
Category: Constitutional Law | Date: | Hits: 253
Sayed and others Vs. State, 2009, 38 CLC (AD)
....ove, we find no substance in the submissions of the learned Advocate for the petitioners. Accordingly, the petitions are dismissed. Ed. This Case is also Reported in: VII ADC (2010) 830. ......gainst the convicts along with other accused under Sections 147/148/149/ 326/302/34/109 of the Penal Code, since prima-facie case was made out against them. 3. The defence case is that there was a free fight between the members of two local Chairman named Jalaluddin and Joynal Abedin. In that fre......did not properly sift and analyze the evidence on record; that the trial Court ought to have considered that at the time of trial the prosecution had come with a new story which was a clear departure from the FIR story; that the Court in convicting the accused appellants relied upon the witnesses ......ove, we find no substance in the submissions of the learned Advocate for the petitioners. Accordingly, the petitions are dismissed. Ed. This Case is also Reported in: VII ADC (2010) 830. ..Category: Criminal Law | Date: | Hits: 26
Sherajul Huq Mullick Vs. Bangladesh, 1988, 17 CLC (HCD)
....in free and fair manner for the election of Chairman of Chitalmari Union Parishad at Choddya Hazari Prathamik Biddyalaya Polling Centre only. Ed. This Case is also Reported in: 41 DLR (1989) 100.......Rule Nisi obtained under Article 102 of the Constitution calls upon the respondents to show cause as to why a direction should not be made directing respondent Nos. 2 and 4 to hold fresh polls in free and fair manner in 3 centres of the election of Chairman of Chittalmari Union Parishad namely, ...... that in the polling centres at (b) and (c) the presiding Officers duly completed the polls and submitted the election results in official forms. The petitioner relies upon Annexure C l and therefore from the petitioner's own documents it is clearly established that polls at centres (b) and (c) were......in free and fair manner for the election of Chairman of Chitalmari Union Parishad at Choddya Hazari Prathamik Biddyalaya Polling Centre only. Ed. This Case is also Reported in: 41 DLR (1989) 100...Category: Election Law | Date: | Hits: 81
Md. Azad Shaikh alias Azad SK Vs. State, 1988, 17 CLC (HCD)
....passed against the appellant is set aside. It is directed that he be set at liberty forthwith if not wanted in connection with any other case. Ed. This Case is also Reported in: 41 DLR (1989) 62.......t filled up at all. There is nothing in the statement to show that the accused was given any time for reflection. In order to ascertain whether the accused was prepared to make a statement of his own free will the Magistrate is required under Paragraph 5 to examine the accused by putting various q...... a residential hotel named "Hotel Salcheen" and looted away cash, wrist watches etc. of the boarders who were then putting up there. They raided the rooms one after another and chained up the doors from outside in order to prevent the boarders from coming out of the rooms. The dacoits also assau......passed against the appellant is set aside. It is directed that he be set at liberty forthwith if not wanted in connection with any other case. Ed. This Case is also Reported in: 41 DLR (1989) 62...Category: Criminal Law | Date: | Hits: 31
Haji Noor Nabi Mollah Vs. Ahammad Ali and others, 2010, 39 CLC (AD)
....point a member of the local Bar as the receiver of the waqf estate. We find no substance in this petition which is accordingly dismissed. Ed. This Case is also Reported in: VII ADC (2010) 639.......parting religious education of the local children after much efforts with the help of the people and active co-operation of defendant No. 5 and the children of the locality used to learn Holy Quran free of costs and the waqf estate in question has been managed and maintained in proper way as per t......een managed properly, the plaintiff filed the suit for mala fide intention, there remains no scope for appointment of receiver in the aforesaid waqf estate. The plaintiff having taken 2 (two) shops from the waqf estate on rental basis have been defaulting to pay monthly rent and he became defaulte......point a member of the local Bar as the receiver of the waqf estate. We find no substance in this petition which is accordingly dismissed. Ed. This Case is also Reported in: VII ADC (2010) 639...Category: Property Law | Date: | Hits: 27
.... and orders and cancellation of the registration of the petitioner union.
Accordingly the Rule is discharged without any order as to costs.
Ed.
This Case is also Reported in: 54 DLR (2002)430.......h Atomic Energy Commission has been offering service to the research students and teacher of universities ever since its inception. Services have also been rendered to a large number of organizations free of cost. In the recent year’s price of raw materials, spare parts, chemicals, etc. have incre......ner union.
3. The petitioner union subsequently filed supplementary affidavit annexing copies of office orders of the Respondent No.4 to show its engagement in business activities and earning therefrom.
4. The Rule is opposed by the Respondent No.4, which by fling affidavit-in-opposition conte...... and orders and cancellation of the registration of the petitioner union.
Accordingly the Rule is discharged without any order as to costs.
Ed.
This Case is also Reported in: 54 DLR (2002)430...
Category: Labour and Industrial Law | Date: | Hits: 158
Abul Kashem and others Vs. State, 2003, 32 CLC (HCD)
....thwith. Convict appellant Anwar Hossain Pintu alias Anwar Hossain may therefore; be set at liberty forthwith if not wanted in any other case. Ed. This Case is also Reported in: 56 DLR (2004) 132.......ution has not been able to prove its case beyond all reasonable doubt. The convict appellant and the condemned prisoner are entitled to the benefit of doubt and they are therefore, entitled to be set free. In this connection reference may be made to the decision in the case of Muslimuddin & others v......d and disposed of by this single judgment. 2. The prosecution case, in brief, is that at about 5‑5.30 PM on 10‑3‑96 two minor boys, Mizan and Faruque, aged about 8 years, plucked wood apples from the trees belonging to deceased AKM Abdul Halim, Chairman of No. 8 Rajapur Union Parishad, Buri......thwith. Convict appellant Anwar Hossain Pintu alias Anwar Hossain may therefore; be set at liberty forthwith if not wanted in any other case. Ed. This Case is also Reported in: 56 DLR (2004) 132...Category: Criminal Law | Date: | Hits: 39
Ekushey Television Ltd. and another Vs. Bangladesh and others, 2003, 32 CLC (HCD)
....ons made and the findings given by us in this judgment will have no bearing in disposing of the suit now awaiting disposal in the court below. Ed. This Case is also Reported in: 56 DLR (2004) 91.......late Division at the very last paragraph of the Judgment observed as under: "Our Judgment will have no bearing in considering the application by Ekushey for licence by the said Commission which is free to decide in accordance with law." However, soon after the delivery of the judgment the gove......many. On 30‑12‑2002 the present Chairman of the petitioner took control of ETV Limited and being bona fide entrepreneur invested more than Taka 1220 crore by purchase of 70% shares of the company from its ex‑Chairman, ex‑Managing Director and other Ex‑Directors and on 31‑12‑2002 signed......ons made and the findings given by us in this judgment will have no bearing in disposing of the suit now awaiting disposal in the court below. Ed. This Case is also Reported in: 56 DLR (2004) 91...Category: Information Technology Law | Date: | Hits: 230
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