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Government of Bangladesh Vs. Md. Abu Bakar, 2006, 35 CLC (AD)

....open fire when the mob attacked the residence of the UNO. He also promulgated prohibitory order under section 144 of the Code of criminal Procedure and lodged F.I.R. being Muladi P.S. Case No.3. An Inquiry Committee constituted by the Deputy Commissioner, held enquiry into the incident and submi...... follows :-            "116. The control (including the power of posting, promotion and grant of leave) and discipline of persons employed in the judicial service and magistrates exercising judicial functions shall vest ..

Category: Administrative Law | Date: 16 Feb, 2005 | Hits: 126

Govt. of BD rep. by the Sec., Min. of Establishment Vs. Md. Abu Bakar, 2005, 34 CLC (AD)

....lotment of a plot to the writ petitioner. 5.  So, there is no cogent reason to interfere with the decision of the High Court Division. The petition is dismissed. Ed. ......ourt Division in Writ Petition No. 673 of 2001. 2. The respondent No.1 filed the above writ petition stating, inter alia, that he was legally entitled to get allotment of a plot as affected person because the land of his father was acquired and he and other heirs already received compens..

Category: Property Law | Date: 16 Feb, 2005 | Hits: 69

Siraj Miah Vs. Mohammad Miah and others, 2005, CLC (HCD)

....t No.91 of 1977 renumbered as Title Suit No.52 of 1986 is hereby upheld. Send down the Lower Courts records at once. Ed. This Case is also Reported in: 57 DLR (2005) 356.   ......Lordships held that "Where the previous sale of land was by an unregistered deed and possession was not delivered in consequence thereof and subsequently, the same land was sold to another person by a registered deed the subsequent sale has precedence over the previous sale." Bu..

Category: Property Law | Date: 7 Feb, 2005 | Hits: 2

SMAH Ltd SMAH Ltd Vs. Government of Bangladesh and others, 2005, 34 CLC (HCD)

....time of issuance of this Rule is hereby recalled and vacated. Ed. This Case is also Reported in: 57 DLR (2005) 267.             ......G (AD) 64=9BLC (AD) 51. In the case referred to above the Appellate Division found: “.............. the law is now settled that once a property is acquired and vests in the Government, the person, whose property has been acquired, has no right to claim for release of the property from acq..

Category: Property Law | Date: 16 Jan, 2005 | Hits: 7

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

....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. ......ausing bleeding on her face and accused Mannaf Joarder dealt a ‘sorki’ blow on the right hand of the 5th victim Sakaton-Nessa, which caused a bleeding injury on her hand and other accused persons conjointly gave 'lathi', blows at random to the other persons present at the place o..

Category: Criminal Law | Date: 15 Jan, 2005 | Hits: 3

Barkatullah Khan (Md.) Vs. Government of Bangladesh and others, 2005, 34 CLC (HCD)

....cation and accordingly the same is allowed. 17. Accordingly, the Rule is made absolute. There will be no order as to costs. Ed. This Case is also Reported in: 57 DLR (2005) 302. ......ed very harshly and terminated from service on certain grounds which the respondents failed to substantiate. This is clearly contrary to the well settled principle of natural justice. 13. When a person is to be removed from service, it has to be done in accordance with law. Even if the rules do..

Category: Employment/Service Law | Date: 15 Jan, 2005 | Hits: 2

Arshed Ali Sikder (Md.) Vs. Gouranga Chandra Shil and others, 2005, 34 CLC (HCD)

.... stands vacated. Send down the lower Court's record and a copy of the judgment and order to the Court concerned. Ed. This Case is also Reported in: 57 DLR (2005) 635.   ...... human transaction as there is a presumption of innocence in criminal matter and, that being so, the burden of proving every species of bad faith such as fraud, collusion, forgery, etc, rushes on the person who asserts the same. The lower appellate Court believed the document to be genuine and has o..

Category: Property Law | Date: 10 Jan, 2005 | Hits: 2

Lal Miah (Hajee) Vs. Nurul Amin and others, 2005, 34 CLC (AD)

....est money of Taka 15,000 paid to the defendant No. 1. The other part of the ordering portion of the judgment of the High Court Division is maintained. There is no order as to cost. Ed. ...... 120 Competency of a witness to prove facts in issue- Facts which are within the knowledge of suitors if they did not depose in a case their case remains unestablished since any other person deposing on their behalf in respect of the said exclusively known matter as to which the sui..

Category: Procedural Law | Date: 5 Jan, 2005 | Hits: 147

Nasim (Md.) and another Vs. State, 2005, 34 CLC (HCD)

....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.   ......lleged occurrence, the proceeding with the permission of the Court, could be revived or a fresh proceeding could be initiated by presenting an first information report against the same set of accused person. Reference may be made to the decisions reported in 14 DLR (SC) 96, 36 DLR (AD) 58, 6 MLR (AD..

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.   ......cancellation of licence by the impugned general notification nor he had been given any opportunity of being heard and consequently there has been violation of the principle of natural justice. A person or a citizen being possessed of any firearms under licensee granted by the authority cannot b..

Category: Arms Law | Date: 14 Dec, 2004 | Hits: 9

Bangladesh Legal Aid and Services Trust and another Vs. Bangladesh and others, 2004, 33 CLC (HCD)

....e directions herein above given. Let a copy of this judgment and order be supplied to the learned Deputy Attorney General for compliance. Ed. This Case is also Reported in: 25 BLD (HCD) (2005) 83. ......e is necessary for normal physical and mental development during the month before and soon after birth of a body. The development of the brain and nervous system, which controls physical ability of a person depends on the daily availability of iodine. Because of deficiency in the consumption of iodi..

Category: Health Law | Date: 14 Dec, 2004 | Hits: 239

Fokrul Alam Chowdhury Vs. State & another, 2004, 33 CLC (HCD)

.... connection with the Rule stands vacated. Send a copy of the judgment to the Senior Special Judge, Cox's Bazar, immediately. Ed. This Case is also Reported in: 57 DLR (2005) 727. ......as a bar to initiate a criminal proceedings if it is found by the disclosure of facts that there is distinct element of criminal offence in the matter………….....(6) One person may have to bear civil as well as criminal liability for the same occurrence As  be..

Category: Banking Law, Criminal Law | Date: 12 Dec, 2004 | Hits: 1

Hasina Begum and others Vs. Chairman, RAJUK and others, 2004, 33 CLC (HCD)

.... plots. In the view the Rule is discharged without order as to cost. Ed. This Case is also Reported in: 57 DLR (2005) 237.           ......‑29/2 Uttar Badda plot No.76 No.76, VI Chha 30/C, Uttar Badda. Plot No.76 comprising khatian No.1006 of Mouza No.291 PS Badda, Dhaka and also sought further direction to allot plots in line with 92 persons. 2. The petitioners purchased the land of plots aforementioned by different registered ..

Category: Property Law | Date: 4 Dec, 2004 | Hits: 2

Secretary, Ministry of Works, Government of Bangladesh Vs. Mrs. Momtaz Begum & another, 2004, 33 CLC (AD)

....n view of the discussions made above we do not find any substance in this petition. The leave petition, accordingly, is dismissed. Ed. This Case is also Reported in: 10 BLC (AD) (2005) 39. ......ing extension by the Government of the period for payment of the installment by the writ petitioner was wrong. We are not oblivious of legal maxim "Commondum Ex Injuria Sua Nemo Habera Debet" i.e. no person ought to have advantage from his own wrong. We are, therefore, of the view that even any wron..

Category: Property Law | Date: 4 Dec, 2004 | Hits: 82

Atiquzzaman Khan (Md) Vs. State, 2005, 34 CLC (AD)

....ty thousand) is reduced to Taka 5,000 (five thousand) since the appellant has already deposited Taka 13,866 on 28‑2‑1983 out of misappropriated amount of Taka 18,812.90. Ed. ......d, "Mr Serajul Huq, learned Advocate for the accused‑petitioner, submits that the High Court Division was wholly wrong in holding that the Gazette Notification for the trial of the accused person is sufficient compliance of sanction read with section 537 of the Code of Criminal Procedure...

Category: Criminal Law | Date: 4 Dec, 2004 | Hits: 78

Salauddin Ahmed Vs. Principal Secretary, Office of the Hon'ble Prime Minister and others, 2005, 34 CLC (HCD)

....made absolute in part without any order as to costs. The respondent No.4 is directed to proceed with the case in accordance with law. Ed. This Case is also Reported in: 57 DLR (2005) 730. ......d is of no legal effect, and why respondent Nos.1 and 2 should not be directed to give sanction to the case and the respondent No.4 should not be directed to proceed with the case against the accused persons i.e. respondent Nos.5 and 6. 2. The petitioner filed a Complaint Petition Case No.3795 ..

Category: Anti-Corruption Laws, Criminal Law | Date: 10 Nov, 2004 | Hits: 8

Haider Ali and ors. Vs. State, 2004, 33 CLC (AD)

....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. ......urt committed an error in finding all the seven accused guilty of the charge under sections 302/149 of the Penal Code.  5. He has further argued that there is no evidence that the accused persons had a common object of Idling Fatik Mia. So, according to him, the conviction under sections..

Category: Criminal Law | Date: 4 Nov, 2004 | Hits: 102

Firoz Chokder Vs. State, 2004, 33 CLC (HCD)

....oksedpur District-Gopalgonj be set at liberty if not wanted in any other case. Send down the lower Court records at once. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 85. ......r and then he was asked to leave their house. Thereafter he took shelter of some unruly people and further disturb her in different places. On 12.12.2001 at 9 A.M. she was kidnapped by the accused persons on the way to Madrasa. The complainant searched and try to recover her and thereafter he fi..

Category: Women and Children | Date: 27 Oct, 2004 | Hits: 7

Ain-o-Salish Kendra and others Vs. Bangladesh, 2004, 33 CLC (HCD)

....e’s Republic of Bangladesh. With this direction as above this application is disposed of. Mir Hashmat Ali J.- I agree. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 620. ......not to go for further remand of the accused in connection with the said GR Case No. 444 of 2004 arising out of Dhanmondi PS Case No. 61(8)04 dated 29-8-04 at the same time, having seen the accused in person before us, the respondents are directed to take all possible steps to administer treatment to..

Category: Constitutional Law | Date: 20 Sep, 2004 | Hits: 176

Bangladesh Jute Corporation Vs. AB Jute Ltd, 2004, 33 CLC (HCD)

.... Awards dated 2‑5‑95 and 24‑6‑96 are accordingly set aside. Send down the records. Ed. This Case is also Reported in: 57 DLR (2005) 663.       ...... 31. As long back as in 1858 Mr. Romilly MR in the seminal case of Collins Vs. Collins, (1858) 26 Beav 306 defined arbitration as "Arbitration is a reference to the decision of one or more persons, either with or without an umpire, of a particular matter in difference between the parties...

Category: Arbitration Law | Date: 18 Aug, 2004 | Hits: 8