Search Options
Judgment Advanced Search
Displaying 721-740 of 3784 results.
....hy he should not be dismissed or removed from service, subjected to reduction of salary or be awarded major punishment It was alleged that the dacoits snatched away the petitioner's rifle without any resistance resulting from his negligence of duty which is contrary to departmental rules and dis......ings and the petitioner was admitted initially in Bauphal Upazila Sadar Hospital in an unconscious state wherefrom he was removed to Sher-e-Bangla Medical College Hospital at Barisal and then after a stage of treatment shifted to Patuakhali Police Hospital and was discharged on 7.6.87 with the advic......ely, CI99 Abdus Salam and 0241 Md. Nazrul Islam on board ML Titumir on its trip from Barisal to Kalaiya via Kalishuri. They boarded the launch for their duty from Kalishuri point While the launch was proceeding from Kalishuri to Kalaiya on its way facing the Tetulia River at Nimdi Taterkati at about..
Category: Constitutional Law, Procedural Law | Date: 10 Nov, 1993 | Hits: 6
....ssued calling upon the Respondents to show cause as to why the order passed on 6.7.1986 by the Respondent No. 2 as contained in Annexure E and El should not be declared as to have been passed without any lawful authority and is of no legal effect.
2. The case of the petitioner as detailed in th......ance as to ascertain the quantum of his land affected in the plots or reported any facts before the land acquisition staff at the time of joint verification in the field on 24.5.1986‑at the initial stage of the proceeding. There is no graveyard within the land acquired. Mr. Monsurul Haque is the p......rted at Banchanagar on 18.4.1984, but has not yet obtained any sanction from the Board of Intermediate and Secondary Education, Comilla. Upon an application under section 144 CrPC by Munsurul Haque a proceeding was started in No. CP No. 160/P No. 106 of 1986 in the Court of Upazila Magistrate, Laksh..
Category: Property Law | Date: 9 Sep, 1993 | Hits: 4
Captain I Z A S A Chowdhury Vs. "MV Stern" and others, 1993, 22 CLC (HCD)
....Mr. Ahsanul Kabir placed reliance in the case of the Eva reported in (121) P 454 to substantiate his contention of the payment to the seaman. The principle of law enunciated therein does not admit of any doubt but the question is whether the bank guarantee furnished as security for the satisfaction ......ve. In view of the pendency of the suit the bank guarantee furnished as security for satisfaction of the future decree to be made on contest of the suit I hold that the petitioner's claim at this stage cannot be accepted. Mr. Ahsanul Kabir further argued that the plaintiff having had taken out o......nce of this case, I direct the parties to take necessary step for djsposal of the suit as expeditiously as possible. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 172 ..Category: Admiralty Law or Maritime Law | Date: 9 Sep, 1993 | Hits: 3
....im J
Bimal Chandra Choudhury, being dead his heirs: Sarit Kumar Chowdhury and another…………………………Appellant
Vs.
Subramanya Krishna Choudhury, being dead his heirs: Satyendra Krishna Chowdhury and others…&he......se this type of objection before, this court inasmuch as their full brother was taken in adoption by late Shirish Chandra Das. It is difficult for us to entertain such a preposterous argument at this stage by one of the objectors before this court at the tins e of hearing of the appeal. The adoption......thers' sons who are the petitioners in Letters of Administration Case No.22 of 1972. These four applicants filed an application before the District Delegate praying for permission to continue the proceeding as substituted heirs in place of Trinayftni in Probate Case No.10 of 1971. But at the dea..
Category: Property Law | Date: 7 Sep, 1993 | Hits: 2
Mostafa Miah Vs. Chairman, First Labour Court, Dhaka and others, 1993, 22 CLC (HCD)
....of Labour (Standing Orders) Act, 1965— It is obligatory on the part of the employer to take into consideration the gravity of misconduct and the previous record of the worker, if there be any. In awarding punishment under this Act the employer shall take into account the gravity of the m......l of the petitioner from service, which is a major penalty, is hereby set aside. The respondent is, however, allowed to initiate the proceeding afresh according to law against the petitioner from the stage of submission of the report by the enquiry officer in the light of the observation made above ......an as scheduling Assistant, Motor Transport Section, Zia International Airport, all on a sudden he was served with a notice dated 24.12.89 vide Biman Letter No. Dhaka‑TMIP‑30417/89/1581 as to why proceedings shall not be drawn against the petitioner for gross negligence, utter failure, irregular..Category: Labour and Industrial Law | Date: 30 Aug, 1993 | Hits: 2
Wahida Khatun Bibi Vs. Khurshid Alam Mia and Others, 1993, 22 CLC (HCD)
....ruction raised, Warty. Plaintiff‑petitioner also filed an application for injunction under Order 39 rules I and 2 of the Code of Civil Procedure for restraining the opposite party No.1 from raising any structure or building on the ‘Ga’ schedule land of the plaint till the disposal of t......rder has resulted or is likely to result in such gross injustice or irreparable injury as cannot be remedied otherwise than by the exercise of the extraordinary jurisdiction of the High Court at that stage." 12. It appears from the judgment and order of the lower appellate Court, the learn......s within the 'Ka' schedule of the plaint. The petitioner served a notice upon the opposite party not to disturb her peaceful possession but without any result. The petitioner then initiated a proceeding under section 145 of the Code of Criminal Procedure in the court of the local Magistrate ..Category: Civil Law, Procedural Law | Date: 24 Aug, 1993 | Hits: 2
Hemayetuddin alias Aurango Vs. State, 1993, 22 CLC (HCD)
....observation has also been made as follows: "It seems to me that section 540 is expressed in the widest possible terms and the intention is not to limit the discretion of the trying court in any way to act in the interest of justice when he considers such action 5. The learned Advocate......ons Judge for its withdrawal from his file on the ground of his personal embarrassment. The High Court. Division transferred the case to the 1st Additional Sessions Judge, Dhaka for disposal from the stage of argument. The case having been transferred to the Additional Sessions Judge the prosecution...... of the prosecution to examine additional witness should not be set aside or to pass such order or further order or orders as to this court may seem fit and proper. While issuing the Rule the further proceeding of the Sessions Case No.300 of 1992 was stayed. 2. Short facts of the case which hav..Category: Criminal Law | Date: 27 Jul, 1993 | Hits: 2
Bengal Water Ways Ltd. Vs. Inland Water Transport Authority & others, 1993, 22 CLC (HCD)
....ry mandatory injunction arising out of Title Appeal No. 51, of 1990. 2. Short facts giving rise to this Miscellaneous Appeal are as follows: The plaintiff-appellant is a private limited company incorporated under the Companies Act, 1913 and has been carrying on the business of river transp......he learned Advocate for the respondent and hold that the misc. appeal is incompetent and not at all maintainable. Accordingly, it fails on the very preliminary ground of maintainability. Now, at this stage Mr. Mir Mokhlesur Rahman, the learned Advocate for the appellant, came up with verbal prayer f......id application for temporary injunction. Let this order be communicated to the Court below at once. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 179 ..Category: Corporate Law | Date: 25 Jul, 1993 | Hits: 2
Abul Khayer and 3 others Vs. State, 1993, 22 CLC (HCD)
....ollowing day i.e. on 11.12.87 Tamiruddin asked Sattar to keep quiet. Further case of the prosecution was that victim Kalam married Ramjan Ali's daughter Rasheda P.W. 3 but the couple did not have any child out of the wedlock and that Rasheda had immoral character and there was quarrel in between......n done and the calculation sheet produced now having not been filed as, an Annexure with any verified application by the appellants this should not be taken into consideration and relied upon at this stage. Next, it is c submission of the learned Advocate for the State that even if the calculation s...... any other case. Let the records of the case be sent down at once along with a copy of this judgment and order. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 212 ..Category: Evidence Law, Procedural Law | Date: 8 Jul, 1993 | Hits: 10
Abdul Latif Howlader Vs. Bangladesh Power Develop¬ment Board and others, 1993, 22 CLC (HCD)
....hat there is no ground for restricting the expression "civil proceeding" only to those proceedings which arise out of civil suits or proceedings which arc tried as civil suits, nor is there any rational basis for excluding from its purview proceedings instituted and tried in the High Court......on is found to be not maintainable and consequently this Rule is discharged, but there will be no order as to costs. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 384 ......ing No. 1258 PDB (E & B)/2A‑27/75 dt. 7.12.82 as at Annexure‑'C' to the writ petition. 3. Petitioner's further case is, that during the pendency of the aforesaid departmental proceeding, he was placed under suspension by the office order dated 20.11.82 pending drawn of anoth..Category: Administrative Law, Employment/Service Law | Date: 25 May, 1993 | Hits: 10
.... (Supp) SCC 87; AIR 1982 (SC) 149 at p. 19;, SP Gupta Vs. Union of India, 1981 (Supp) SCC 87; IA Sharivani and others Vs. Government of Pakistan and others decided 1991 SCHR 1041; Tariq Transport Company, Lahore Vs. The Sargodha Bhera Bus Service, reported in 11 DLR (SC) 140; Khu1na Shipyard Employe......stantial question of law as to the interpretation of the Constitution, particularly Article 27 there of.
Ed.
This Case is also Reported in: 46 DLR (HCD) (1994) 426
...... several cases decided by the Pakistan Supreme Court and the Indian Supreme Court including DS Nakara's case the SP Gupta's case, it was held as follows:
“Even otherwise, the above proceedings are in the nature of public Interest litigation and, therefore, in order to advance the ..
Category: Administrative Law, Constitutional Law | Date: 1 Mar, 1993 | Hits: 1
Jahanara Begum Vs. State, 1993, 21 CLC (HCD)
....ntion and on this ground also the detention of the detenu cannot be sustained. 4. The respondents did not file any affidavit‑in-opposition but the learned Deputy Attorney‑Generalopposes this application by m...... District Jail, Barisal be set at liberty at once unless his further detention is required in any other connection. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 107. ......d Hossain was arrested on August, 20, 1991 in pursuance of an order of detention passed under section 3(1) (e) of the Special Powers Act, 1974. It was contended in the said case that while a criminal proceeding was pending against the detenu he could not be proceeded against under the law of prevent..Category: Criminal Law | Date: 20 Jan, 1993 | Hits: 1
Soleman (Md.) Vs. Ahbarek Khalifa and others, 1992, 21 CLC (HCD)
....ternative remedy and all the remedies for the first party being exhausted, the first party is competent enough to come under section 561A CrPC and the court Can assume jurisdiction to see if there is any illegality committed by the court below whose orders have been challenged by the party…&h...... right, title and interest in the appropriate forum according to law. Let the records be sent down immediately. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 298 ...............Opposite Parties Judgment December 2, 1992. Result: The Rule is made absolute. Taking Evidence on which Party was in Possession of the Disputed Property— In a proceeding under Section 145 Cr.P.C. it is for the Magistrate to decide upon taking evidence which p..Category: Criminal Law, Procedural Law | Date: 2 Dec, 1992 | Hits: 1
Meghna Petroleum Limited Vs. Commissioner of Taxes (West Zone) Dhaka, 1992, 21 CLC (HCD)
....rporation, the said amount can be taxed twice as payment to the Corporation is its income and the Corporation is a different unit of taxation. As the profit in question was income of the assessee company and on subsequent payment of the same to the Corporation it entered upon a different passage and......ntention of the applicant on double taxation fails. Again, as the documents produced before us were not placed before the Tribunal and was not considered, we are unable to accept those papers at this stage as that would tantamount to travel beyond the order of the Tribunal without sanction of law. M...... order of stay granted by the court on 29.10.92 is hereby vacated. The parties are to bear their respective costs although. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 260 ..Category: Fiscal/Taxation Law | Date: 30 Nov, 1992 | Hits: 6
State Vs. Abdul Khaleque, 1992, 21 CLC (HCD)
....nvestigating Officer Mr. MA Hossain completed the investigation and submitted the charge‑sheet on 2.2.82. 7. The charge framed against the accused on 21.11.89 is that the accused on 21.5.81 at any time in the night following at Char Colony, Police Station and District‑Barguna committed the ......ial Court as well as to the Superintendent of Police, Barguna at once for necessary action. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 353; 13 BLD (HCD) (1993) 354 ......d while Mr. AKM Shamsul Karim, the learned Assistant Attorney‑General appeared for the State. On behalf of the State the learned Assistant Attorney‑General raised a preliminary objection that the proceeding for confirmation of the death sentence of the condemned accused should not be considered ..Category: Criminal Law, Family Law | Date: 24 Nov, 1992 | Hits: 4
Shamsun Nahar Awal Vs. Board of Intermediate and Secondary Education, and others, 1992, 21 CLC (HCD)
.... but there having been several cases pending before the Courts no decision could be taken. In tile said letter, the Secretary of the Ministry was requested to give instruction as to whether there was any legal impediment to taking decision on the teachers under suspension. The letter of' the Ins......in Writ Petition No. 2514 of 1992 stands discharged and consequence the concerned stay order is vacated. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 365 ......d Assistant Teacher Mrs. Mafia Khatun who were also proceeded against and recommended for dismissal by the Special Managing Committee and the recommendation of the Special Committee was rejected. The proceedings of the meeting of the Appeal and Arbitration Committee of the Board dated 14.5.89 are an..Category: Administrative Law | Date: 27 Aug, 1992 | Hits: 1
Nazrul Islam and another Vs. Jahanara Hassan and another, 1992, 21 CLC (HCD)
....ting to the enhancement of the monthly rental under a subsequent oral agreement and the consequent enhancement of the valuation of the suit, and the learned Advocate for the petitioners does not have any such objection in relation thereto. He points out that the change in the nomenclature of the sui......sistant Judge is directed to return the plaint as amended to its filing lawyer for presentation to the proper court. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 106 ......f the view that by allowing the plaintiffs' petition for amendment of the plaint the court below has not committed any error of law, but that there has been a procedural irregularity committed in proceeding with the suit which after amendment is not triable by that court. In such view of the mat..Category: Civil Law | Date: 26 Jul, 1992 | Hits: 1
Salim Hasan Vs. Government of Bangladesh and others, 1992, 21 CLC (HCD)
.... operation of which has been suspended by the order of the Bangladesh Bank with effect from 28.4.92 for alleged illegality committed by the same Investment Corporation in violation of the Banking Company Act and the Bangladesh Bank Order. Surprisingly at about 4‑00 AM on 28.4.92 the detenu was arr......ka Central Jail be set at liberty at once if not wanted in connection with any other case. Communicate this order at once. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 318. ......aking irregularities in the banking deposit and grant of loan in an illegal way, there is every apprehension of his going out of the country. If he is detained it is necessary to prosecute a criminal proceeding and the detenu may even go out of the country illegally. It has been further stated that ..Category: Banking Law | Date: 16 Jul, 1992 | Hits: 187
....Ministry of Works and other authorities stating that the allotment of plot in respect of vacant space as in the master plan is unjustified and illegal and further requested the authority not to allot any plot, but to no result.
4. It has been further the case that the petitioner also thereafter......
The, stay granted earlier by this court as to the construction of the building of respondent Nos. 4 and 5 is hereby vacated.
Ed.
This Case is also Reported in: 46 DLR (HCD) (1994) 281
...... area, Lahore, on the application of an allottee, observed in the relevant portion of the judgment, thus:
“It is clear from the above that the right considered sufficient for maintaining a proceeding of this nature is not necessarily a right in the strict juristic sense but it is enough i..
Category: Constitutional Law, Property Law | Date: 7 Jul, 1992 | Hits: 3
AFM Safiyyullah Vs. AKM Bashirullah alias Mortuza Bashir and others, 1992, 21 CLC (HCD)
....d Subordinate Judge it appears that the learned Subordinate Judge has allotted the saham or each or the sons and the daughters according to this quantum of share, Therefore, apparently we do not find any wrong or mistake in the amount of share allotted to the plaintiffs and defendants by the learned......ged and the order of the stay granted by this court of 14.6.90 is also hereby vacated. There will be no order as to costs. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 146. ......a Suit, then the plaintiff or any other party does not proceed with the suit but that they file a compromise petition with a joint prayer through their lawyers for recording the solenama and then the proceeding of the suit shall stop there. But in this case, it appears that not only the plaint..Category: Civil Law | Date: 7 Jul, 1992 | Hits: 1
94509493945490809492947189939448945694949503909194779465949094919090530194729102