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Joynal Abedin (Md) Vs. Gurupada Chakraborty and others, 2002, 31 CLC (HCD)

.... Communicate the order at once to the learned Senior Assistant Judge, Chandina in Comilla for his information and necessary action. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 230. ...... Court High Court Division (Civil Revisional Jurisdiction) Present: Gour Gopal Saha J Joynal Abedin (Md) ......................................Petitioner Vs. Gurupada Chakraborty and others...................Opposite Parties Judgment November 20, 2002. Case Referred to-...... Communicate the order at once to the learned Senior Assistant Judge, Chandina in Comilla for his information and necessary action. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 230. ..

Category: Property Law | Date: | Hits: 65

H.M.A. Sattar Vs. Government of People's Republic of Bangladesh, 2009, 38 CLC (AD)

....fere with the impugned judgment and order passed by the High Court Division. Accordingly, the application for leave to appeal is dismissed. This Case is also Reported in: 16 MLR (AD) (2011) 71. ......n J H.M.A. Sattar.....................Petitioner Vs. Government of People's Republic of Bangladesh, represented by the Secretary, Ministry of Education, Bangladesh Secretariate, Ramna, Dhaka and others.................Respondents Judgment March 23, 2009. Lawyers Involved: Md. Na......fere with the impugned judgment and order passed by the High Court Division. Accordingly, the application for leave to appeal is dismissed. This Case is also Reported in: 16 MLR (AD) (2011) 71. ..

Category: Civil Law | Date: | Hits: 90

Loskor Md Mostan Billah Vs. State, 2002, 31 CLC (HCD)

....herefore, has no substance. In the result, the Rule is discharged. The order of stay passed earlier stands vacated. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 199. ...... 54 = 52 DLR (AD) 8. Lawyers Involved: SM Obaidul Haque, Advocate-For the Petitioner. Md Abdur Rouf Deputy Attorney‑General with Roushan Ara Begum, Assistant Attorney‑General and Fara Mahmuda, Assistant Attorney‑General‑For the State-Respondent. Criminal Revision ......act done in good faith or intended to be done in pursuance of the said Act or rules made thereunder protection has been given. We are of the view that, this protection cannot be claimed by any public servant for any act done by him in the capacity of a public servant unless it is established that th..

Category: Criminal Law | Date: | Hits: 56

State Vs. Ershad Ali Sikder and others, 2004, 33 CLC (AD)

....dris Jamai be set at liberty forthwith if not wanted in connection with any other case. Send down the lower court records at once. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 185. ......reme Court High Court Division (Criminal Appellate Jurisdiction) Present: SK Sinha J MM Rahman J State..........................................Appellant Vs. Ershad Ali Sikder and others........Condemned Prisoner Judgment February 18, 2004. Cases Referred to- Mitt......hat is relied on must be one in any public or other official book, register or record, secondly, it must be an entry stating a fact in issue or relevant fact, and thirdly, it must be made by a public servant in discharge of his official duty or any other person in performance of a duty specially enj..

Category: Criminal Law | Date: | Hits: 110

Salahuddin Talukder (Md) Vs. Government of the People's Republic of Bangladesh, 2002, 31 CLC (HCD)

....r, Appraiser and others so far relates to the petitioner is hereby declared to have been passed without any lawful authority. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 161. ........Petitioner Vs. Government of the People's Republic of Bangladesh.................Respondent Judgment April 16, 2002. Cases Referred to- Azizul Haque Sikder and others Vs. Collector of Customs, Chittagong and others 49 DLR (AD) 172; Mujibur Rahman Vs. Gover......r, Appraiser and others so far relates to the petitioner is hereby declared to have been passed without any lawful authority. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 161. ..

Category: Employment/Service Law | Date: | Hits: 116

Abdul Ahad @ Md. Abdul Ahad Vs. State, 2000, 29 CLC (HCD)

....86 pending in the Court of Upazila Magistrate, Jagannathpur, District Sunamganj are quashed. The Rule is accordingly, made absolute. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 379....... SK Sinha J.- Points involved in this Rule are, whether a Magistrate can initiate a proceeding under section 188 of the Penal Code for alleged violation of his order without making a formal complaint and that whether a revision petition under section 438 of the Code of Criminal Procedure against an ......lp of police force on 11-7-85. Thereafter, the learned Magistrate suo motu drew up proceeding under section 188 Penal Code holding that petitioner and others disobeyed the order promulgated by public servant lawfully empowered to promulgate such order. The learned Magistrate was of the opinion that ..

Category: Criminal Law | Date: | Hits: 57

A. F. M. Obaidur Rahman Vs. Md. Asgar Ali and others, 2003, 32 CLC (AD)

....ny infirmity in the impugned judgment of the High Court Division for interference. The petition is dismissed. Ed. This Case is also Reported in: 19 BLT (AD) (2011) 34, 63 DLR (AD) (2011) 80. ......pellate Division (Civil) Present: K M Hasan CJ Mohammad Fazlul Karim J Md. Tafazzul Islam J A. F. M. Obaidur Rahman, Secretary General of Bangladesh Red Crescent Society, Attorney and others………………......Petitioners Vs. Md. Asgar Ali and others……………...........d as such the rule is not maintainable and the Bangladesh Red Crescent Society, being the part of the international organization of Red Crescent Society working for humanitarian cause, are not public servant and as such not concerned with the public to be amenable to the writ jurisdiction under Arti..

Category: Civil Law | Date: | Hits: 116

Lutfor Rahman Vs. Divisional Mechanical Engineer and others, 1998, 27 CLC (HCD)

.... Accordingly, we direct to dispose of the review petition according to law. In the result, we make the Rule absolute. No costs. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 133.......me Court High Court Division (Special Original Jurisdiction) Present: AM Mahmudur Rahman J Zakir Ahmed J Lutfor Rahman……….. Petitioner Vs. Divisional Mechanical Engineer and others………Respondents Judgment February 11, 1998. Cases Referred To- Mahtabuddi...... Accordingly, we direct to dispose of the review petition according to law. In the result, we make the Rule absolute. No costs. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 133...

Category: Employment/Service Law | Date: | Hits: 78

Hanif Sheikh (Md.) Vs. Asia Begum, 1998, 27 CLC (HCD)

....he charges leveled against him. The accused petitioner is discharged from his bail bonds. Send down the lower Court records at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 129.......………Petitioner Vs. Asia Begum ………Opposite Party Judgment June 9, 1998. Cases Referred to- Jalaluddin alias Badsha vs. State 36 DLR 119; Lukus Miah vs. State 43 DLR 230 and Abed Ali vs. State 43 DLR 366. Lawyers Involved: B Elias for Md. Mustafizur Rahman, Advoca......to Arab Ali and out of the said wedlock they had three children. Her husband Arab Ali died 8/9 yeas ago. She further stated that accused Hanif Sk. is her chachato Debor and she used to work as a maid servant in their house. She further stated that at about 12 midnight on a certain Thursday in Agrah..

Category: Criminal Law | Date: | Hits: 67

Shahjahan Howlader (Md.) Vs. Bazlur Rahman & another, 2000, 29 CLC (AD)

....ntal proceeding initiated by the respondent No.1 by order dated 18-3-95 is struck down. However, there will be no order as to costs. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 358.......l—For the Respondents. Writ Petition No. 1316 of 1995. Judgment Md. Awlad Ali J. - This Rule issued under Article 102 of the Constitution arises out of the impugned departmental proceeding and order dated 18-3-95 issued by the President, Taxes Appellate Tribunal, Dhaka suspending the peti......ntal proceeding initiated by the respondent No.1 by order dated 18-3-95 is struck down. However, there will be no order as to costs. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 358...

Category: Employment/Service Law | Date: | Hits: 71

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....... in: 51 DLR (HCD) (1999) 43......., 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

Akhter Hossain (Md.) Vs. State, represented by the Deputy Commissioner, 1998, 27 CLC (HCD)

....y of the judgment if so desired or advised. Send a copy of this judgment to the concerned court for information and necessary action. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 40.......ted by the Deputy Commissioner………………………….Opposite Party Judgment July 26, 1998. Lawyers Involved: Khan Saifur Rahman with Syed Ziaul Karim with Md. Salahuddin Talukdar and Syeda Maimuna Begum, Advocates — For the Petitioner. Mahmud Hossain, Assistant Attorney-Gen......thereby misappropriated Taka 55,468,42 (Annexure A). 3. It is submitted that the accused petitioner has been serving as Assistant Accountant, Rampura Television Centre and, as such, he is a public servant within the meaning of section 21 of the Penal Code. Ajit Kumar Biswas, Mizanur Rahman, Abdul..

Category: Criminal Law | Date: | Hits: 62

State Vs. Babul Miah, 2010, 39 CLC (AD)

.... on mere asking for the same without ascertaining the cause. 10. Abdul Ahad Chowdhury (P.W.14) stated that he seized the stolen tape recorder and a current jack on 10th July, 1990 from the station master's room of Noapara railway station. He did not say from whose possession he seized the tape re......que, Additional Attorney-General, instructed by Mvi. Md. Wahidullah, Advocate-on-Record- For the Appellant. Ex-prate- For the Respondent. Criminal Appeal No. 20 of 2001. (From the judgment and order dated 30.5.1995 passed by the High Court Division in Death Reference No. 20 of 1992 heard ......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

Abdur Rashid Vs. Afzal Gazi and others, 2010, 39 CLC (AD)

....on was right in setting aside the judgment of the Appellate Court below. We find no substance in this petition which is accordingly dismissed. This Case is also Reported in: 16 MLR (AD) (2010) 4.......d. Abdul Matin J Shah Abu Nayeem Mominur Rahman J ABM Khairul Haque J Md. Muzammel Hossain J Surendra Kumar Sinha J Abdur Rashid.........................Petitioner Vs. Afzal Gazi and others...............Respondents Judgment May 3, 2010. Lawyers Involved: Abdul Quiyu......on was right in setting aside the judgment of the Appellate Court below. We find no substance in this petition which is accordingly dismissed. This Case is also Reported in: 16 MLR (AD) (2010) 4...

Category: Property Law | Date: | Hits: 57

Kazi Obaidul Haque Vs. State, represented by Deputy Commissioner, 1998, 27 CLC (HCD)

....e Station Case No. 2 dated 18-11-91 is hereby quashed and the Rule is made absolute. The petitioner is discharged from his bail bond. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 25.......t, one Md. Ali Baksh Pramannik lodged a first information report with the Tanore Police Station on 18-11-91 alleging, inter alia, that on the night following 12-11-1991 while he along with his father and other brothers were away at the beel to catch fish and taking advantage of the absence from hous......er in the First Information Report or in the statement of the victim made under section 164 of the Code of Criminal Procedure, still charge sheet was submitted against the petitioner who is a public, servant, without sanction from the government. As such, a petition was filed on 5-9-92 before the le..

Category: Criminal Law | Date: | Hits: 50

Md. Riaz Uddin Khan, Advocate and another Vs. Mahmudur Rahman and others, 2010, 39 CLC (AD)

.... 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. ......esent: Mohammad Fazlul Karim CJ Md. Abdul Matin J Shah Abu Nayeem Mominur Rahman J ABM Khairul Haque J Md. Muzammel Hossain J Surendra Kumar Sinha J Md. Riaz Uddin Khan, Advocate and another………………………………. Petitioners. Vs. Mahmudur Rahman and others...... 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: 163

Eman Ali Mallik Vs. State, 2000, 29 CLC (HCD)

.... case within six months from the date of receipt of the case records from this Court. Send down the lower Court records immediately. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 335.......pondent. (In both the appeals) Criminal Appeal No. 1000 of 1995 with Criminal Appeal No. 729 of 1995. Judgment Gour Gopal Saha J.- These two appeals are directed against the judgment and order dated 24-4-95 passed by the Special Judge, Court No. 2, Rajbari in Special Case No.13 of 1......d by the learned Advocate of the parties on the question of sanction for prosecution, we may profitably refer to section 2 of the Criminal Law Amendment Act, 1958, which runs as follows: “Public servant” means a public servant as defined in section 21 of the Penal Code, and includes a Chairma..

Category: Criminal Law | Date: | Hits: 43

Shawn Apparels Ltd. Vs. Commissioner of Customs and others, 1998, 27 CLC (HCD)

....ecretary of Finance (IRD), 2) Secretary, Ministry of Commerce, 3) Chairman, the National Board of Revenue for necessary action. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 316. ......ial Original Jurisdiction) Present: Syed Amirul Islam J Shah Abu Nayeem Mominur Rahman J Shawn Apparels Ltd…………………………….Petitioner Vs. Commissioner of Customs and others……………Respondents Judgment December 8, 1998. Cases Referred To- AIR ......ecretary of Finance (IRD), 2) Secretary, Ministry of Commerce, 3) Chairman, the National Board of Revenue for necessary action. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 316. ..

Category: Fiscal/Taxation Law | Date: | Hits: 83

Rabia Bashri Irene and another Vs. Bangladesh Biman Corporation, represented by MD. & another, 2000, 29 CLC (HCD)

....pondents are to take steps accordingly without delay. In the result, these Rules are made absolute without any order as to costs. Ed. This case is also Reported in: 52 DLR (HCD) (2000) 308. ......ead the Appellate Division Judgment here. Supreme Court High Court Division (Civil Revisional Jurisdiction) Present: Kazi AT Manowaruddin J Md. Arayesuddin J Rabia Bashri Irene and another……………..Petitioners Vs. Bangladesh Biman Corporation, represented by MD. &......pondents are to take steps accordingly without delay. In the result, these Rules are made absolute without any order as to costs. Ed. This case is also Reported in: 52 DLR (HCD) (2000) 308. ..

Category: Employment/Service Law | Date: | Hits: 113

Golam Mostafa (Md.) and 2 others Vs. Bangladesh Jute Mills Corporation and others, 1999, 28 CLC (HCD)

....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. ...... also Reported in: 52 DLR (HCD) (2000) 299. ...... another reported in 41 DLR 138, Mustafa Kamal J, as the learned Chief Justice was then, held, inter alia, that- “The petitioner is an employee of a statutory corporation. He is not a Government servant. He cannot claim a second opportunity to show cause as a matter of right. But if his service..

Category: Employment/Service Law | Date: | Hits: 87