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

....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. ......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. ......ported in: 28 BLD (HCD) (2008) 427. ......il 18.04.2004. It is also stated that the petitioners have quoted the relevant provisions in respect of Academic Qualification for the overhaul and other trades, it is stated that the issue No.4 of General Engineering Manual of Biman Bangladesh Airlines provides as follows: "Volume-1 ..

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)

....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. ......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. ......8) 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

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

....Uttar Pradesh, AIR 1963 S.C. 822; State of Maharashtra Vs. P.K. Pathak, AIR 1980 S.C. 1224; State of Punjub Vs. Balbir Singh, AIR 1994 S.C. 1872. Lawyers Involved: Golam Mohammad Chowdhury, Deputy Attorney-General-For the State. Jail Appeal No.189 of 2005. Judgment S.K. Sin......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. ......abya Khatun…………………………………………………..Petitioner Vs. The State and another……………………………&......IR 1963 S.C. 822; State of Maharashtra Vs. P.K. Pathak, AIR 1980 S.C. 1224; State of Punjub Vs. Balbir Singh, AIR 1994 S.C. 1872. Lawyers Involved: Golam Mohammad Chowdhury, Deputy Attorney-General-For the State. Jail Appeal No.189 of 2005. Judgment S.K. Sinha J.-Convict Ra..

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

Delwar Hossain Vs. State and others, 2006, 35 CLC (HCD)

............Respondents Judgment April 17, 2006. Result: The appeal is allowed. Lawyers Involved: Md. Haroon-Ar-Rashid, Advocate - For the Appellant. Md. Afsar Hossain, Deputy Attorney General - For the state. Md. Quayyum Chowdhury, Advocate - For the Respondent N......nd as bar in the way of learned Court below to take decision freely and fairly in accordance with law upon materials on record. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 258. ......urt Division (Criminal Appellate Jurisdiction) Present: Md. Abdul Quddus J Md. Abdul Hye J Delwar Hossain.................................Appellant Vs. The State and others.........................Respondents Judgment April 17, 2006. Result: ......nts Judgment April 17, 2006. Result: The appeal is allowed. Lawyers Involved: Md. Haroon-Ar-Rashid, Advocate - For the Appellant. Md. Afsar Hossain, Deputy Attorney General - For the state. Md. Quayyum Chowdhury, Advocate - For the Respondent Nos.2, 3, & 4..

Category: Women and Children | Date: 17 Apr, 2006 | Hits: 24

Ershadul Vs. State, 2006, 35 CLC (HCD)

....ded version, may be looked upon with great suspicion……………(17) Lawyers Involved: Md. Khalilur Rahman-For the Appel­lant. S.M. Aminul Islam, (Sanu) Deputy Attorney-General-For the Respondent. Criminal Appeal No.3643 of 2005. Judgment ......ith any other case. Send down the lower courts records along with a copy of the judgment and order to the court concerned. Ed. This Case is also Reported in: 26 BLD (HCD) (2007) 490. ...... The Appeal is allowed. Where the prosecution has a definite case, it must be proved the whole of it. Partial departure from the prose­cution case affects credibility of the wit­nesses and complete departure makes their testimony to be entirely discarded. Any depar­ture or deviati...... be looked upon with great suspicion……………(17) Lawyers Involved: Md. Khalilur Rahman-For the Appel­lant. S.M. Aminul Islam, (Sanu) Deputy Attorney-General-For the Respondent. Criminal Appeal No.3643 of 2005. Judgment Salma Masud Cho..

Category: Criminal Law | Date: 6 Apr, 2006 | Hits: 5

Nazim Vs. State, 2006, 35 CLC (HCD)

....ay is allowed. In the result, the Rule is made absolute. The office is directed to register the appeal and do the needful. Ed. This Case is also Reported in: 13 BLC (HCD) (2008) 353. ......ay is allowed. In the result, the Rule is made absolute. The office is directed to register the appeal and do the needful. Ed. This Case is also Reported in: 13 BLC (HCD) (2008) 353. ......e. The Limitation Act, 1908 (Act No. IX of 1908); section 5 The condonation of delay always depends upon the discretion of the Court concerned. If the Court is satisfied as to the reason and explanation of the delay, it can be condoned.........................(5) Lawyers Involved:......planation of the delay, it can be condoned.........................(5) Lawyers Involved:  Sultan Ahmed Miah, Advocate - For the Appellant.  Farah Mahmuda, Assistant Attorney-General - For the State Respondent.  Criminal Rule no.35(R) of 2006 Judgment Md...

Category: Procedural Law | Date: 29 Mar, 2006 | Hits: 32

Government of Bangladesh Vs. Kalimuddin Pramanic and others, 2006, 35 CLC (HCD)

.... again filed a petition praying for time, which was allowed upto noon of that day. After that, the plaintiff did not appear at the hearing. 6. Considering all the relevant papers, the Additional Deputy Commissioner (Revenue) rightly cancelled the lease granted to the plaintiff. 7. Defendan......t plot Nos.794 and 2546/2583 to anybody. No order as to costs. Send down the L.C. record with a copy of the judgment. Ed. This Case is also Reported in: 29 BLD (HCD) (2009) 131. ...... Present: Syed Mahmud Hossain J Government of Bangladesh……………………………Petitioner Vs. Kalimuddin Pramanic and others…………………..Opposite Parties Judgment ......agendra Chandra Dutta and others, 1983 BLD 32; Abdul Majid and others Vs. The Province of East Pakistan and others, (1971) 23 DLR 203. Lawyers Involved: Rubaiyat Hossain, Assistant Attorney-General-For the Petitioner. No one appears- For the Opposite Party. Civil Review No.2497 o..

Category: Property Law, Tenancy Law | Date: 28 Mar, 2006 | Hits: 4

Ms. Ok Kyung Oh Vs. State, 2006, 35 CLC (HCD)

....bdul Hye J Ms. Ok Kyung Oh, daughter of Mr. Man Ho Oh, present resident of House No.25, Road No.27, Sector 7 Uttara Dhaka-1230..................Appellant Vs. 1. The State, represented by the Deputy Commissioner, Gazipur, 2. Mr. Bo Sun Park Son of Mr. Tae Young Park, Chairman Taehung Pack......mplaint in Nari-O-Shishu Case no.18 of 2005 by Nari-O-Shishu Nirjatan Daman Tribunal, is upheld. 24. Copy be sent down accordingly. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 26. ......ting to sexual harassment under section 10 of Nari-O-Shishu Nirjatan Daman Ain, 2000, there will be no scope for the Tribunal to take cognizance of offences under Penal Code like forceful confinement and beating separately in case in the absence of any offence under provisions of Nari-O-Nirjatan Dam......41; AIR 1928 Patna page 359; Ansarulla Molla Vs. Hamid Ulla and others, 18 DLR page 295. Lawyers Involved: Md. Idrisur Rahman, Advocate - For the Appellant. Md. AfsarHossain, Deputy Attorney General - For the State Respondent No.1. Mohir Hossainand Md.Ashanur Rahman, Advocate - For the R..

Category: Women and Children | Date: 22 Mar, 2006 | Hits: 84

Md. Delwar Hossain Vs. State represented the DC, Narayanganj & another, 2006, 35 CLC (AD)

.... Present Syed JR Mudassir Husain CJ MM Ruhul Amin J Amirul Kabir Chowdhury J Md. Delwar Hossain…………………Petitioner Vs. The State, represented the Deputy Commissioner, Narayanganj & another …..Respondents Judgment March 9, 2006. ......sion. We do not find any cogent reason to interfere with the same. Accordingly, the petition is dis­missed. Ed This Case is also Reported in: IV ADC (2007) 788, 26 BLD (AD) 109. ......ate, instructed by Md. Abu Siddique, Advocate-on- Record-For the Petitioner. Not represented- the Respondents. Civil Petition for Leave to Appeal No. 426 of 2005. (From the judgment and order dated 28.11.2002 passed by the High Court Division in Writ Petition No. 5684 of 2002). ......sion. We do not find any cogent reason to interfere with the same. Accordingly, the petition is dis­missed. Ed This Case is also Reported in: IV ADC (2007) 788, 26 BLD (AD) 109. ..

Category: Women and Children | Date: 9 Mar, 2006 | Hits: 127

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

....ondent Judgment February 20, 2006. Result: The appeal is allowed. Lawyers Involved: Md. Kamruzzaman with Parvez Ahmed - For convict-appellant. A.S. Md. Ramzan Khan, Deputy Attorney-General With Md. Ibrahim Khalil, Assistant Attorney-General - For State Respondent. ......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. ......Huq J.- In challenge of the righteousness of pronouncement of a Judgment of conviction for offence punishable under section 11(Kha) of Nari-O-Shishu Nirjatan Daman Ain of 2000 (For short Ain of 2000) and consequential sentence of seven (7) years rigorous imprisonment and a fine of Taka 3,000/- and f......ment February 20, 2006. Result: The appeal is allowed. Lawyers Involved: Md. Kamruzzaman with Parvez Ahmed - For convict-appellant. A.S. Md. Ramzan Khan, Deputy Attorney-General With Md. Ibrahim Khalil, Assistant Attorney-General - For State Respondent. Criminal Ap..

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

Rafiqul Islam (Md.) Vs. State, 2006, 35 CLC (HCD)

.... February 13, 2006. Cases Referred to- AIR 1949 Mad 77; Lakhi Naragam Kundu Vs. Crown, 4 DLR 352. Lawyers Involved: Abdul Latif Prodhan. Advocate—For the Petitioner. Ireen Mahahub, Deputy Attorney-General—For the State-Opposite Party. Criminal Miscellaneous Case No. 13459 of ...... the same bail granted by the Tribunal till disposal of the case. Let the copy of the judgment be set down at once. Ed. This Case is also Reported in: 58 DLR (2006) 244, 26 BLD (HCD) (2006) 96. ......y. Criminal Miscellaneous Case No. 13459 of 2005. Judgment Md. Abu Tariq J. - This Rule is directed against an order passed by the learned Judge, Nari-o-Shishu Nirjatan Daman Tribunal 2, Gaibandha in Nari-o-Shishu Case No. 350 of 2004 asking the accused petitioner to withdraw the civil suit......006. Cases Referred to- AIR 1949 Mad 77; Lakhi Naragam Kundu Vs. Crown, 4 DLR 352. Lawyers Involved: Abdul Latif Prodhan. Advocate—For the Petitioner. Ireen Mahahub, Deputy Attorney-General—For the State-Opposite Party. Criminal Miscellaneous Case No. 13459 of 2005. Judgmen..

Category: Women and Children | Date: 13 Feb, 2006 | Hits: 98

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

.... 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. ...... 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. ...... Court Division (Criminal) Present: AKM Fazlur Rahman J Sayed Mohammad Ziaul Karim J Md. Abdul Hannan alias Khalil………………………Appellant Vs. The Sate and another……………………...........Respondents Judgment February 7, 2006. ......e State, 45 DLR 352; M. Alam Chowdhury and 9 others Vs. The State, 6 BLC 220. Lawyers Involved: Md. Abdul Alim Miah, Advocate - For the appellant. Md. Alamgir Kabir, Assistant Attorney General - For the Respondents. Criminal Appeal No.381 of 1999. Judgment Sayed Mohamm..

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

M. Manzur Ahmed Vs. Mrs. Inge Flatz and others, 2005, 34 CLC (HCD)

.... liberty to get the sale deed executed and registered through court in accordance with law. Send down the L.C.R. at once. Ed. This Case is also Reported in: 26 BLD (HCD) (2007) 41. ...... liberty to get the sale deed executed and registered through court in accordance with law. Send down the L.C.R. at once. Ed. This Case is also Reported in: 26 BLD (HCD) (2007) 41. ......tion) Present: Siddiqur Rahman Miah J Syed AB Mahmudul Huq J M. Manzur Ahmed……………………………………………………Appellant Vs. Mrs. Inge Flatz and others…………………………………….Respondent Judgment December 15, 2005...... plaintiff……………..(45) Lawyers Involved: Md. Azizul Hoq with Fazlul Karim Chowdhury, Raziuddin Ahmed and Anowarul Islam-For the Appellant. Akbar Hossain, Assistant Attorney-General-For Respondent No.2. First Appeal No.585 of 2001. Judgment Siddiqur Rahman Mi..

Category: Property Law | Date: 15 Dec, 2005 | Hits: 8

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

....urt Appellate Division (Civil) Present: Md. Ruhul Amin J MM Ruhul Amin J Abdul Aziz....Appellant (In Civil Appeal No. 216 of 2000) Government of Bangladesh, represented by the Deputy Commissioner & Deputy Custodian Enemy Property, Dhaka .....................Appellant (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: ......angladesh, represented by the Deputy Commissioner & Deputy Custodian Enemy Property, Dhaka .....................Appellant (In Civil Appeal No. 217 of 2000) Vs. Hindu Deity Luxmi Gobinda Jew and oth­ers .... Respondents (In both the appeals) Judgment December 8, 2005. Result: ......bani Kumar Haider and others 60 C.W.N.778. Lawyers Involved: A.S.M. Khalequzzaman, Advocate- on-Record for the Appellant (In Civil Appeal No. 216 of 2000). Jainal Abedin, Deputy Attorney General instructed by A.K.M. Shahidul Huq, Advocate-on-Record for the Appellant (In Civil Appeal No...

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)

....bdul Latif Talukder and another, 22 DLR 589; Sarder Ahmed Ali Vs. G.M. Ali Baksh, 4 BLD 309; Aziza Nilufa Begum Vs. Jahanara Begum and anr., 3 BLC (HCD) 117; Abu Bakar Siddique (Md) Vs. Additional Deputy Commissioner, KurigRam and others, 48 DLR (AD) 154; Abdul Mazid Howlader and another Vs. Lah......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. ...... Present: Md. Abdul Aziz J Most. Musarraf Sultana………………………………………………………………………………………Petitioner Vs. Principal and Member-Secretary, Kanchipara Mahabidhyalaya and others……Opposite Parties Judgment ......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)

....issed.  Cases Referred to- Yusuf Sk Vs. Appellate Tribunal, 29 DLR (SC) 211; State Vs. Rokeya Begum and another, 13 BLT 377 = 10 BLC 687. Lawyers Involved: Fazilatun Nessa, Deputy Attorney-General with Nasreen Akhter, Assistant Attorney-General and Abdul Malek, Assistant A......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.......ent Vs. Maku Rabi Das…………………….Condemned-Prisoners Judgment November 21, 2005. Result: The death reference is accepted. Jail appeal stands dismissed.  Cases Referred to- Yusuf Sk Vs. Appellate Tribunal, 29 DLR (SC) 211;...... Cases Referred to- Yusuf Sk Vs. Appellate Tribunal, 29 DLR (SC) 211; State Vs. Rokeya Begum and another, 13 BLT 377 = 10 BLC 687. Lawyers Involved: Fazilatun Nessa, Deputy Attorney-General with Nasreen Akhter, Assistant Attorney-General and Abdul Malek, Assistant Attorney-Generalâ..

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

Md. Habibur Rahman Vs. State, 2006, 35 CLC (AD)

....awyers Involved:  Abdul Malek, Senior Advocate, (S.M. Shajahan, Advocate, with him), in­structed by Mrs. Sufia Khatun, Advocate-on-Record- For the petitioner.  Abdul Rouf, Deputy Attorney Gen­eral, instructed by Mvi. Md. Wahidullah, Advocate-on-Record- For the Respond......nbsp; 8.  In such view of the matter we do not find any illegality in the judgment passed by the courts below. The criminal petition is, therefore, dismissed.  Ed. ......                  Amirul Kabir Chowdhury, J: Md. Habibur Rahman accused petitioner challenges the judgment and order dated 5.8.2003 passed by the High Court Division in Crimi­nal Appeal No.2059 of 2001 a...... valid the order of conviction thereupon is illegal and the High Court Division committed error in not considering this aspect of the case.  4. Mr. Abdul Rouf, the learned Deputy Attorney-General appearing on behalf of the respondent opposes the petition submitting, inter alia, that ther..

Category: Criminal Law | Date: 23 Oct, 2005 | Hits: 83

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

....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.  ......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.  ......D (HCD) (2007) 29.  ......t Judgment October 18, 2005. Result: The Appeal is allowed. Lawyers Involved: Syed Mizanur Rahman, Advocate-For the Appellants. Parvin Hannan, Assistant Attorney General-For the Respondent. Criminal Appeal No.385 of 1997. Judgment AKM Fazlur Ra..

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

Cox's Bazar Pourashava Vs. Bangladesh and Others, 2005, 34 CLC (HCD)

....overnment of Bangladesh Vs. M/S. Eastern Industries (BD) Limited, 14 B.L.D (AD) 254. Lawyers Involved: Idrisur Rahman with Md. Shahidullah and Pratikar Chakma-For the Petitioner. Bodruduzza, Deputy Attorney-General with Farid Uddin Khan, Assistant Attorney-General-For the Respondents. W......rminal to the Cox's Bazar Zila Parishad are declared to have been issued/passed without lawful authority and are of no legal effect. Ed. This Case is also Reported in: 27 BLD (HCD) (2007) 216. ......iginal Jurisdiction) Present: Tariq ul Hakim J Afzal Hossain Ahmed J Cox's Bazar Pourashava, Police Station-Cox's Bazar Sadar, District-Cox's Bazar……Petitioner Vs. Bangladesh and Others……………………………………………………………………….Responde......gladesh Vs. M/S. Eastern Industries (BD) Limited, 14 B.L.D (AD) 254. Lawyers Involved: Idrisur Rahman with Md. Shahidullah and Pratikar Chakma-For the Petitioner. Bodruduzza, Deputy Attorney-General with Farid Uddin Khan, Assistant Attorney-General-For the Respondents. Writ Petition No...

Category: Civil Law | Date: 30 Aug, 2005 | Hits: 39

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

.... 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. ...... 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. ...... Md Fazlul Karim J Amirul Kabir Chowdhury J World Tel Bangladesh Ltd...............Petitioner Vs. Bangladesh represented by the Secretary, Ministry of Post & Tele­communications and others......Respondents Judgment August 25, 2005 Cases Referred to- Dip Narain S...... 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