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Monir Hossain alias Monir Vs. State, 2007, 36 CLC (HCD)
....er statement before the Magistrate under section 164 of the Code of Criminal Procedure which was a voluntary one. 13. In her cross-examination she stated that she made complaint before the headmaster of her school on several occasions against the accused appellant alleging his bad behavior to......€¦â€¦â€¦â€¦â€¦..Convict-Appellant Vs. State………………………………………………..Respondent Judgment March 5, 2007. Lawyers involved: Md. Khandker Mahbub Hossain with Md. Abdul Awal, Advocates—For the Convict-Appellant. Nikhilesh D......Barguna in Nari-o-Shishu Nirjatan Daman Case No. 31 of 2000 is hereby affirmed. Send down the lower Court records expeditiously. Ed. This Case is also Reported in: 59 DLR (2007) 416. ..Category: Criminal Law | Date: | Hits: 33
Barrister Md. Rafiqul Islam Mia Vs. Government of Bangladesh and others, 2006, 35 CLC (HCD)
.... contained in Annexure-C is declared illegal and without lawful authority and is of no legal effect. There will be no order as to costs. Ed. This Case is also Reported in: 59 DLR (2007) 407. ...... (Special Original Jurisdiction) Present: Tariq-ul-Hakim J Afzal Hossain Ahmed J Barrister Md. Rafiqul Islam Mia………………….. Petitioner Vs. Government of Bangladesh and others……..Respondents Judgment October 18, 2006. Cases Referred To- Syed Mustaf......, Affidavit-in-Opposition, Affidavit-in-reply and the Annexures. 10. As per section 6(5) of the Criminal Law Amendment Act, 1958, sanction of the Government is required for prosecution of a public servant for an offence committed under the Prevention of Corruption Act, 1947 (Act No. II of 1947) a..Category: Anti-Corruption Laws | Date: | Hits: 140
State Vs. Kajal Ahmed Jalali, 2007, 36 CLC (HCD)
....nated in the brutal killing of the victim Shujan due to political reasons as he was gong to be a very popular leader in the Brahmanbaria-6 constituency. He submits that Dr. Roushan Alam was, in fact, mastermind in the killing as he wanted to derive benefit and that the consistent acts of conspiracy ......€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦..Petitioner Vs. Kajal Ahmed Jalali (absconding)…………….Condemned-Accused Judgment March 5, 2007. Cases Referred To- Bangladesh (State) vs. Paran Chandra Baroi, 6 BCR (AD) 225. Sharad Birhichand Sarda vs. State of Maharashtra, AIR 1984 Supreme Cour......thwith if not wanted in connection with any other case. Send down the LCRs along with a copy of the judgment to the Court below forthwith. Ed. This Case is also Reported in: 59 DLR (2007) 345...Category: Criminal Law | Date: | Hits: 109
Jakir Hossain Vs. Jel Vanu, 2005, 34 CLC (HCD)
..... 25 of 2003 are hereby set aside. There is no order as to costs. Send down the Lower Court Records at once. Ed. This Case is also Reported in: 59 DLR (2007) 340, 26 BLD (HCD) (2006) 98. ......es Referred To- Dewan Mohammad Safare Ali vs. Bangladesh 43 DLR 221; Gangamoyi Debi vs. Troiluckhya Nath Chowdhury 33 IA 60 at 65; Abani Mohan Saha vs. Assistant Custodian (SDO) Vested Property, Chandpur 39 DLR (AD) 223; Kiron Chandra Das vs. Sirajul Hoque Patwari 34 DLR 225; Saheda Khatun vs. Sh....... 25 of 2003 are hereby set aside. There is no order as to costs. Send down the Lower Court Records at once. Ed. This Case is also Reported in: 59 DLR (2007) 340, 26 BLD (HCD) (2006) 98. ..Category: Property Law | Date: | Hits: 32
Farida Begum and others Vs. Kapil Krishna Goldar & another, 2006, 35 CLC (HCD)
....e No. 509 of 2000 pending before the Magistrate, 1st Class, Madaripur, is hereby quashed. Let a copy of the Judgment be sent down at once. Ed. This Case is also Reported in: 59 DLR (2007) 328.......s Case is also Reported in: 59 DLR (2007) 328....... the case, this Court neither likes to enter into the defence version nor it is empowered to do so. 14. It appears that the complainant opposite party No. 1, Kapil Krishna Goldar, being the public servant, initiated the criminal proceeding in CR case No. 509 of 2000 against the accused petitioner..Category: Criminal Law | Date: | Hits: 28
Bhaskar Chakraborty Vs. State, 2006, 35 CLC (HCD)
.... accused petitioner is directed to appear before the trial Court to face trial. Let a copy of the judgment be sent down at once. Ed. This Case is also Reported in: 59 DLR (2007) 325. ......d in GR Case No. 3452 of 2000, pending before the Chief Metropolitan Magistrate, Dhaka, obtained this Rule under section 561A of the Code of Criminal Procedure, on 18-2-2001, challenging the legality and propriety of the entire proceeding, as aforesaid, and the Deputy Commissioner, Dhaka, has been c......9 of the Penal Code which runs as follows: Penal Code: "Section 409: Whoever, being in any manner entrusted with property, or with any dominion over property in his capacity of a public servant or in the way of his business as a banker, merchant, factor, broker, attorney or agent, comm..Category: Criminal Law | Date: | Hits: 81
Md. Shahjahan Ali Vs. The Chairman, Labour Court, Rajshahi, 1987, 16 CLC (HCD)
.... For all these reasons we do not find any subÂstance in this rule. The rule is, accordingly, disÂcharged without any order as to costs. Ed. This Case is also Reported in: 40 DLR (1988) 132. ............Opposite Party Judgment April 7, 1987. Cases Referred to- Zeal Bangla Sugar Mills Ltd. vs. Chairman 1982 BLD (HD) 57, SH Quddus & others vs. Chairman, Labour Court, Chittagong and others, 33 DLR(HD) 1, 33 DLR(AD) 12; Ayesha Salahuddin vs. Chairman, Second Labour Court and ano......y because the employer is reÂquired to pay pecuniary benefits to the person sought to be terminated. Even independent of section 19 an employer has got inherent power to terminate the service of his servant on payÂment of certain benefits and in absence of any mala fide, the court shall not interf..Category: Labour and Industrial Law | Date: | Hits: 124
Nurul Islam & others Vs. State, 1986, 15 CLC (HCD)
....m. It is directed that they should be set at liberty forthwith, if not wanted in any other connection. Sultan Hossain Khan J. - I agree. Ed. This Case is also Reported in: 40 DLR (1988) 122. ..........................Appellants Vs. The State……………………………...Respondent Judgment August 5, 1986. Cases Referred to- Nazrul Islam vs. State, 27 DLR 671; The Crown and Badiuzzaman vs. Abdul Majid Bepari 8 DLR (FC) 69, 9 DLR 247; Ekabbar Khan and others vs. The Sta......m. It is directed that they should be set at liberty forthwith, if not wanted in any other connection. Sultan Hossain Khan J. - I agree. Ed. This Case is also Reported in: 40 DLR (1988) 122. ..Category: Criminal Law | Date: | Hits: 27
M.A. Hai and others Vs. Trading Corporation of BanglaÂdesh, 1987, 16 CLC (HCD)
....ers and employees. The CorÂporation has not yet made its own service rules in pursuance of the President's Order No.68 of 1972. The position of the petitioner vis-a-vis his employer is not that of a master and servant. It will be guided by the principles of natural justice. The High Court Division ......ules are discharged. Cases Referred to- 32 DLR (AD) 46; 31 DLR 326; Vitarelli vs. Seaton (1959) 359 US 535; 3 L Ed 2d 1012 Ramana Dayaram Shetty vs. The International Airport Authority of India and others, AIR 1979 (SC) 1928); M. Noman vs. the Dhaka ImproveÂment Trust, 16 DLR (Dhaka) 536; The......he order of removal from service itÂself. As they involve common question of law, they have been heard together and will be disposed of by the same judgment. 2. The petitioners are not Government servants. They are employees of the Trading Corporation of Bangladesh, a body corporate established ..Category: Employment/Service Law | Date: | Hits: 80
State Vs. Rafiqul Islam alias Gadan, 2002, 31 CLC (HCD)
....y of this judgment be forwarded to the court of Additional Sessions judge, Court No‑1, Pabna for necessary action in accordance with law. Ed. This Case is also Reported in: 55 DLR (2003) 61. ......€¦â€¦â€¦â€¦Appellant Vs. Rafiqul Islam alias Gadan ....................Condemned Prisoner Judgment November 6, 2002. Cases Referred To- State Vs. Fazu Kazi alias Kazi Fazlur Rahman and others, 29 DLR (SC) 271; Rustam Ali and others Vs. State, 1989 BLD 477; Md Akbar Ali Vs. State, ......y of this judgment be forwarded to the court of Additional Sessions judge, Court No‑1, Pabna for necessary action in accordance with law. Ed. This Case is also Reported in: 55 DLR (2003) 61. ..Category: Criminal Law | Date: | Hits: 38
....I concur with the judgments delivered by my learned brothers Mainur Reza Chowdhury and Syed JR Mudassir Hussain, JJ, in discharging the Rule.
Ed
This Case is also Reported in: 54 DLR (2002) 47.
......sh Elahi……………. Petitioner
Vs
Government of the People’s Republic of Bangladesh……… Respondents
Judgment
October 25, 2000.
Cases Referred To-
Bharat Kumar K Palicha and another vs State of Kerala and others, AIR 1997 (Kerala) 291; AIR 1998 (SC) 1984 and State of Te......ng at hiring of persons to join unlawful assembly, 151; Knowingly joining or continuing in assembly of five or more persons after has been commanded to disperse, 152; Assaulting or obstructing public servant when suppressing riot, etc., 153; Wantonly giving provocation with interest to cause riot, 1..
Category: Constitutional Law | Date: | Hits: 216
Mobasher Hossain (Md) and others Vs. Saidur Rahman (Pvt) Ltd. and others, 2002, 31 CLC (HCD)
....sand was purchased by one Harun-or-Rashid at a price of Taka 1,18,300 to be delivered at Barguna on the following day and in order to meet the necessary expenses, the plaintiff-Âpetitioners paid the master of the vessel, the opposite party No. 2 amount of Taka 49,600 towards purchase of fuel and ot......s to cost. Ed. This Case is also Reported in: 55 DLR (2003) 51. ......he launch ghat at Gazaria where it was in the morning of 8th April, 2002 within seven days from date. There shall be no order as to cost. Ed. This Case is also Reported in: 55 DLR (2003) 51. ..Category: Admiralty Law or Maritime Law | Date: | Hits: 188
Momena Begum Vs. Dhaka City Corporation and others, 2002, 31 CLC (HCD)
....m the case of Dr. MO Gani Vs. Dr. ANM Mahmood, 18 DLR (SC) 463. Accordingly, the Rule is discharged, however, without any order as to cost. Ed. This Case is also Reported in: 55 DLR (2003) 43.......ourt High Court Division (Civil Appellate Jurisdiction) Present: Syed Amirul Islam J Sikder Maqbul Huq J Momena Begum....................Petitioner Vs. Dhaka City Corporation and others.................Respondents Judgment January 27, 2002. Case Referred To- Baha......m the case of Dr. MO Gani Vs. Dr. ANM Mahmood, 18 DLR (SC) 463. Accordingly, the Rule is discharged, however, without any order as to cost. Ed. This Case is also Reported in: 55 DLR (2003) 43...Category: Property Law | Date: | Hits: 34
Bhola Vs. State, 2001, 30 CLC (HCD)
....s order dated 29‑10‑91 is upheld with the above modification and the appeal is dismissed. Send down the lower court's record immediately. Ed. This Case is also Reported in: 55 DLR (2003) 36.......nt Vs. State……………………………………Respondent Judgment January 15, 2001. Result: The appeal is dismissed Cases Referred To- Ismail Sarker alias Sudan Member and others Vs. The State, 33 DLR 320; Anisur Rahman & others Vs. The State, 6 BLD (AD) 79; Mobar......no transaction of money in between Jabbar and her father in connection with sale of land. 8. PW 3 Joygun Nessa alias Jamila alias Juman stated in her examination‑in‑chief that she was the maid servant of accused Abdul Jabbar. The occurrence took place on 30th Poush before six years back. On t..Category: Criminal Law | Date: | Hits: 41
....ormer post and allow him to continue in service with all attending benefits within 30 days from the date of receipt of copy of this judgment.
Ed.
This Case is also Reported in: 59 DLR (2007) 258.......ul Matin J
ATM Fazle Kabir J
Amirul Islam (Md)……………………………………………………Petitioner
Vs.
Bangladesh represented by the Secretary, Ministry of Home Affairs and others…. ……….Respondents
Judgment
May 15, 2006.
Cases Referred To-
Governme......ce and participated in the proceeding brought against him under Ordinance 1976, as such, he has no right to challenge the Ordinance itself Lastly, it is submitted that the petitioner was a government servant who wrongly invoked the jurisdiction of Article 102 instead of availing of the forum under A..
Category: Employment/Service Law | Date: | Hits: 67
Md. Ali Haider & Ors. Vs. State and others, 1987, 16 CLC (HCD)
.... the charge. They shall be set at liberty forthwith if not wanted in conÂnection with any other case. Amin-ur-Rahman Khan J. – I agree Ed. This Case is also Reported in: 40 DLR (1988) 97. ...... Seraj alias Shepi..................Appellant Vs. The State...................Respondent(Criminal Appeal No.113 of 1985) Judgment November 25, 1987. Case Referred to- Zamir Hussain and ors. vs. The Crown, PLD 1949 Lahore page 170. Lawyers Involved: Serajul Huq with Abdul Mal...... the charge. They shall be set at liberty forthwith if not wanted in conÂnection with any other case. Amin-ur-Rahman Khan J. – I agree Ed. This Case is also Reported in: 40 DLR (1988) 97. ..Category: Criminal Law | Date: | Hits: 30
M Mojibul Haque Vs. DG, Bangladesh Bureau of Anti-ÂCorruption & ors., 2001, 30 CLC (HCD)
....l Chanda Dwarkadas Morarka Vs. King, AIR (1948) (PC) 82. In the premises, the Rule is made absolute without any order as to costs. Ed. This Case is also Reported in: 55 DLR (2003) 24. ......dhury J M Mojibul Haque…………..Petitioner Vs. DG, Bangladesh Bureau of Anti-ÂCorruption & ors……….Respondents Judgment August 9, 2001. Case Referred to- Gakul Chanda Dwarkadas Morarka Vs. King, AIR (1948)(PC) 82. Lawyers Involved: Md. Shamim‑ul‑Alam, ......ng sanction shows that the sanction was mechanically accorded without referring to the facts. 6. Section 6(5) of the Criminal Law Amendment Act, 1958 makes it a condition precedent that the public servant cannot be prosecuted or proceeded against without sanction from the Government for any offen..Category: Anti-Corruption Laws | Date: | Hits: 138
Humayun Majid Vs. Bangladesh Bureau of Anti-Corruption and ors., 2000, 29 CLC (HCD)
....t, the Rule is made absolute with cost of Taka 5,000 against the respondent No. 6 and no order as to cost is made against other respondents. Ed. This Case is also Reported in: 54 DLR (2002) 12. ......High Court Division (Special Original Jurisdiction) Present: Syed JR Mudassir Hussain J Md. Arayesuddin J Humayun Majid…….Petitioner Vs. Bangladesh Bureau of Anti-Corruption and ors………..Respondents Judgment December 3, 2000. Case Referred To- Durga Das v...... facts of the instant case are altogether different and distinguishable. We find that the provisions as laid down in the Anti-Corruption Manual are applicable for the offences committed by the public servant and if any private individual commits any forgery the Court of law will initiate proceeding ..Category: Anti-Corruption Laws | Date: | Hits: 232
Narayanganj High School and others Vs. Pran Ballave Saha Banik and others, 1998, 27 CLC (HCD)
.... plaintiff which may justify his dismissal. 9. The learned District Judge further found that although Exhibit Ka (1) the letter of dismissal of the plaintiff from service urged upon the acting Headmaster to refer the dismissal order to the Board for its approval, defendant No.4, the acting Headma...... Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 90.......ffirmed by the District Judge, Narayanganj in Title Appeal No.60 of 1990, are maintained. Send down the lower Court records at once. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 90...Category: Employment/Service Law | Date: | Hits: 72
M Saleem Ullah, Advocate and others Vs. Bangladesh, 2002, 31 CLC (HCD)
....st Pakistan developed the vast Mirpur area into residential plots and nucleus house for a residential estate in 1960s and utilised the vast vacant land at sections 1, 2, 6, 7, 10, 11 and 12 under the master plan approved under the Town Improvement Act, 1963 (EB Act XIII of 1953) without damaging qua...... Case is also Reported in: 55 DLR (2003) 1. ......aka into residential plots and police station is hereby declared to have been made without any lawful authority and to be of no legal effect. Ed. This Case is also Reported in: 55 DLR (2003) 1. ..Category: Environmental Law | Date: | Hits: 259
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