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....ners who are 134 in number challenged the validity of an order dated 10th January, 1969 on the ground that it was inconsistent with and made in contravention of Circular No. 25 dated 30-11-63. They also prayed for a direction by this Court to extend monetary benefits to them with effect from the dat......ff vis-a-vis their counter part of the Port Trust should be determined by treating them as having been transferred to the Port Trust on the said dates and individual letters of confirmation, wherever called for, will be issued on the basis of their seniority departmentally.
The Chief Accounts O...... is discharged. We, however, make no order as to costs.
Shahabuddin Ahmed J. - I agree.
Ed.
This Case is also Reported in: 27 DLR (HCD) (1975) 481
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Category: Administrative Law | Date: | Hits: 1
....l be taken against anyone without any prior notice to show cause against any proposed penal action. In the proceedings before the Board under sub-section (3) the Governing Body being the aggrieved person shall have the opportunity of being represented and only after hearing and considering such repr......stitution is made under sub-section (3) may appeal to the Central Government within thirty days from the date of such order, and the decision of the Central Government shall be final and shall not be called in question in any Court.”
10. So far the first contention whether in the absence ......mature stage.
Accordingly, the Rule in this petition should be discharged for the reasons stated herein before.
Ed.
This Case is also Reported in: 27 DLR (HCD) (1975) 602
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Category: Constitutional Law | Date: | Hits: 2
Mojibur Rahman Gazi Vs. State, 1993, 22 CLC (HCD)
....idence that appellant Majibur Rahman Gazi is a young man of 35 years of age and that initially he had no premeditation to murder, ends of justice would be substantially met if he is sentenced to imprisonment for life……………..(20) Lawyers Involved: S.A. Hasa......ssions Case No.14 of 1990. 2. The case of the prosecution, in short, is, that on Sunday the 13th Falgun, 1396 BS corresponding to 25.2.90 at about 3.30 PM Informant's wife P.W. 3 Asia Khatun called herchildren P.W.s 4 to 6 and her husband's sisters P.W.s 7 to 10 who were invited to take......hag. He also caused injury on the forehead of P.W. 6 Dulal by giving a blow by the handle of a spade, P.W. 3 is the wife. P.W. 4 is the daughter. P.W.s 5 and 6 are the sons of the informant Altaf 1‑lossain. P.W.s 7 to 10 are the sisters of both the informant and the appellant. 12. P.W. 2 Dr. ..Category: Criminal Law | Date: | Hits: 2
S. M. Qamruzzaman Vs. State, 1980, 9 CLC (HCD)
.... 1974 Judgment A. T. M. Afzal J.- This appeal arises out of the judgment and order dated the 27th February, 1974 passed by the learned Sessions Judge and Ex-Officio Senior Special Judge, Jessore convicting the appellant S. M. Qamruzzaman under section 161 Penal Code and 5(2) of Act 11 of 1......iginal source is accounted for, the inferior evidence will not be received." 16. The principle was never in doubt that generally speaking the statements for declarations of parsons not called as witnesses but repeated by a third person are excluded as hearsay subject to the exceptions......ingly on 29-12-70 Keramat Ali brought 30 heads of cattle for selection. But the Sub-Divisional Livestock Officer, namely the accused-appellant delayed in making selection on various pretexts, causing loss to Keramat AM and his partner Sultan Mia, P.W. 13. Ultimately at noon of 31.12.70 the appellant..Category: Criminal Law, Evidence Law | Date: | Hits: 2
Haji Azizur Rahman and others Vs. Syeedul Haque Chowdhury, 1985, 14 CLC (HCD)
.... petitioners calls in question an order dated 16.4.1984 passed by the Assistant Sessions Judge, 2nd Court, Chittagong deemed to have been appointed as an Additional Sessions Judge under the proviso to sub-section (3) of section 9 of the Code of Criminal Procedure in Criminal Motion No.120 of 19......ny case of abuse of the process of the Court inasmuch as the case for the complainant prima facie discloses offences under sections 147, 448 and 380 of the Penal Code and no interference is therefore called for. 11. Mr. Moqbul Ahmed, the learned Advocate appearing for the accused petitione...... along with other unknown persons, criminally trespassed into the complainant's house situated in R.S Plot No.6639 and damaged a portion of it and also looted away movable articles causing a loss of Tk. 40,000/- to him. It was further alleged that his father was originally owner of the..Category: Criminal Law | Date: | Hits: 1
Shamsun Nahar Begum on behalf of the detenu Khalequzzaman Vs. Bangladesh & others, 1977, 6 CLC (HCD)
.... the detenu Khalequzzaman...........Petitioner Vs. Bangladesh & others................................Respondents Judgment July 29, 1977. Result: The Rule is made absolute. Cases Referred To- Rameshwar Shah Vs. District Magistrate, Bardawan, A.I.R. 1964 (......preme Court negatived the contention of the Deputy Advocate General and held that the service of a detention order on a person who is already in jail custody virtually seeks to effectuate what may be called a double detention and such double detention is not intended either by section 3(1)(a)&n......at was rendered by Mr. S. S. Halder and Mr. AnwarulHuq Chowdhury in this case. Abdul Matin Khan Chowdhury J.—I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 33. ..Category: Criminal Law | Date: | Hits: 1
Md. Moshiur Rahman Khan Vs. Government of the People's Republic of Bangladesh, 2010, 39 CLC (HCD)
.... election on 20.07.2009 fixing 10.10.09 for election of Executive Committee Members in the first phase and fixed 26.08.2009 for filing objection against preliminary voter list. On 25.08.2009 seven persons filed objection against the preliminary voters list. The objection and the prayer was rejected ......rs and not merely on considerations of policy or expediency, then it is under an obligation to act judicially even though there is not, in the strict sense any lis before it and even though it is not called upon to administer oath or examine witnesses or grant an oral hearing as if it were holding, ......ew of the above discussions and reasoning we do not find any merit in this Rule. Accordingly, the Rule is discharged without Cost. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 284. ..Category: Business or Commercial Law | Date: | Hits: 72
Erria Shipping Pte Ltd. and another Vs. Lever Brothers (Bangladesh) Ltd., 2009, 38 CLC (HCD)
....03 of 1984) decreeing the suit against the defendant appellants. 2. Short facts for disposal of the appeal are that the plaintiff is a Limited Company and carries on the business of manufacture of soaps and chemicals. The plaintiff imported 1929.211 metric tons of Tallow from Australia under Bill...... 28-6-89 passed in Money Suit No. 6 of 1980 is hereby set aside and the suit is dismissed. Send down the lower court records at once. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 801. ......y are not liable for the aforesaid short delivery and, as such, the claim is not tenable in the eye of law. As the defendants are not at all willing to settle the claim of the plaintiff and since the loss sustained by the plaintiff was due to negligence, carelessness, misconduct of the defendants, t..Category: Admiralty Law or Maritime Law | Date: | Hits: 69
Joynal Abedin Vs. State, 2011, 40 CLC (HCD)
....rising out of GRNo.125 of 2004 responding to Panchlysh PS Case No.21(2) 2004 convicting the accused-petitioner under section 19A of the Arms Act and sentencing him there under to suffer rigorous imprisonment for 10(ten) years and also convicting the accused-petitioner under section 19(f) of the Arms......ion 19A and 19(f) of the Arms Act, which needs to be corrected to secure the ends of justice. 15. In the face of arguments advanced by the learned Advocates of the contending parties, we are now called upon to scrutinize the material evidence on record to come to a proper decision in this case.......not be exercised to quash the Judgment. The Rule fails. In the result, the Rule is discharged. Let the LCR sent down immediately. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 393. ..Category: Criminal Law | Date: | Hits: 36
Md. Arif Hossain and others Vs. Bangladesh, 2009, 38 CLC (HCD)
...., Government of Bangladesh, Bangladesh Secretariat, Ramna, Dhaka and 12 others………………………………..Respondent Judgment November 17, 18, 2009. Result: The Rule is made absolute. Cases Referred to- Sukurjan Bibi Vs. Chairman, Court of Settlement, Dhaka, 54 DLR 215;......y, make such decision on the prayer of the applicant as it deems fit. (6) The decision on [of] the Court of Settlement shall be final and shall be binding on all parties concerned and shall not be called in question in any other Court. (7) No appeal shall lie from any order of decision of the ......es concern preferably within 3 (three) months from the date of receipt of this Judgment and order. Communicate the order at once. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 212. ..Category: Procedural Law | Date: | Hits: 24
Rezia Begum Vs. Abu Sayed and others, 2006, 35 CLC (HCD)
....ne of these elements are missing, it disentitles the applicant to get a favourable order. ……………..(10) Prima-facie case is not only to be gathered from the pleadings of the parties but also from the papers and documents that the parties may choose to file while arguing the injunction ma......or disposal of Other Suit No.69 of 2003 as expeditiously as possible, preferably within 6 (six) months from receipt of this Judgment. Ed. This Case is also Reported in: 14 MLR (HCD) (2009) 471. ...... The Rule is discharged. In order to get an injunction the applicant has to show that she has a prima-facie case to go to the trial and if no injunction is granted that would cause irreparable loss and injury and balance of convenience and inconvenience must be in favour of the applicant. The..Category: Procedural Law | Date: | Hits: 26
Dinesh Bhandu Sen Gupta and another Vs. State and another, 2006, 35 CLC (HCD)
.... Sen Gupta and another…………………….Accused-Petitioners Vs. The State and another…………………..Opposite parties Judgment May 15, 2006. Result: The Rule is made absolute. Lawyers Involved: Rafi Ahmed, Advocate - For the accused petitioners. Nahreen Ami......ahreen Amin with Harun-or-Rashid, Advocate - For the opposite party No.2. Criminal Miscellaneous Case No.10506 of 2004. Judgment Sheikh Abdul Awal J.- By this Rule the opposite parties were called upon to show cause as to why the Sessions Case No, 315 of 2004 arising out of C.R. Case No.29......trial. The order of stay granted at the time of issuance of the Rule by this Court stands vacated. Communicate this order at once. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 270. ..Category: Criminal Law | Date: | Hits: 18
Moinuddin & others Vs. State, 2007, 36 CLC (HCD)
.... High Court Division (Criminal Appellate Jurisdiction) Present: Md. Ali Asgar Khan J Sheikh Abdul Awal J Moinuddin & others…………………………………Condemned Prisoner Vs. State……………………………………Respondent Judgment July 29, 2......ses namely P.W.1 Abul Hossain, P.W.2 Rubi Begum, P.W.3 Fatema, P.W.4 Zesmin Begum, P.W.5 Foiz Uddin, P.W.8, Nazma Begum and P.W.9, Abdur Rob whose conduct appears to be suspicious, inasmuch as the so-called eyewitnesses deposed inconsistently as to the murder of deceased Abdul Motlib. Besides, the......ttal, he is now discharged from his bail bond. Let a copy of the Judgment along with the Lower Court's record be sent down at once. Ed. This Case is also Reported in: 13 BLC (HCD) (2008) 67. ..Category: Criminal Law | Date: | Hits: 24
Narayan Dash Vs. Md. Mostofa and others, 2007, 36 CLC (HCD)
....meeting on 13-4-1997 and issued show cause notice to the plaintiff which remained unreplied. The Managing Committee again met on 14-5-1997 and issued second show cause notice to the plaintiff which also remained unreplied and after issuing 3rd and last show cause notice on 7-6-1997 asking him to joi......r the Petitioner. Abdul Mannan Khan with Abdul Wahab, Advocates - For the Opposite Parties. Civil Revision No.3971 of 2005. Judgment Md. Abdul Aziz J.- Opposite Party No.1 was called upon to show cause as to why the Judgment and decree dated 5-9-2005 and 8-9-2005 respectively......t is hereby affirmed. The order of stay granted earlier by this Court is hereby vacated. Send down the lower Court records at once. Ed. This Case is also Reported in: 13 BLC (HCD) (2008) 63. ..Category: Employment/Service Law | Date: | Hits: 29
Engineer Shaikh Rubaiyet Islam Vs. Bangladesh & others, 2010, 39 CLC (HCD)
....ning bill except a part of running Account bill No.5 for construction of remaining work of ICE and Denting Shop. The Sub-Assistant Engineer of the concerned work whimsically and without any basis whatsoever entered in the Measurement Book (MB) lesser quantity of work of sand filling against schedule......e result, the writ petition fails on the ground of incompetency. Accordingly the rule is discharged without any order as to costs. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 447. ......ined. That inspite of repeated written objections made by the petitioner, the arbitrator continued arbitration proceeding from 17-1-1993 to 8-5-1996 with a malafide intention to cause heavy financial loss to the petitioner. Inspite of repeated requests made by the petitioner, the respondent No.4 and..Category: Alternative Dispute Resolution | Date: | Hits: 96
Mark Parco and others Vs. State and another, 2007, 36 CLC (HCD)
....gong, Represented by its Chief Account & Company Secretary Shamsuddin Ahmed……………Petitioner for addition of opposite party Judgment April 15, 2007. Result: The rule is made absolute. Cases Referred to- 51 DLR (AD) 14; 45 DLR (AD) 31; 23 DLR (SC) 14. Lawyers Involved......ef Metropolitan Magistrate Chittagong so far as it relates to the accused petitioners is quashed. Communicate this order at once. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 350. ......at accused persons took away all the garments without any information to the complainant or without taking original paper from Arab Bangladesh Bank. It has been alleged that the complainant sustained loss of US$ 37,747.92 equivalent to Tk. 19,80,631.40. From the complaint we find that the complainan..Category: Criminal Law | Date: | Hits: 114
Sabina Rahman Mukti and others Vs. State, 2007, 36 CLC (HCD)
....................Accused-Petitioners Vs. The State................................................................Opposite party Judgment February 6, 2007. Result: The Rule is made absolute. Lawyers Involved: Nasima Khatun for A. M. Mahbub Uddin, Advocate - For the petitioners....... Md. Anisur Rahman, Assistant Attorney General - For the opposite party. Criminal Miscellaneous Case No.8625 of 2003. Judgment Sheikh Abdul Awal J.- By this Rule the opposite party was called upon to show cause as to why the proceedings of Kotwali Police Station Case No.52 dated 13.03...... Case No.52 dated 13.03.2002, now pending in the Court of Magistrate, 1st Class, Sylhet is quashed. Communicate the order at once. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 347. ..Category: Criminal Law | Date: | Hits: 114
Md. Rafiqullah & another Vs. State, 1986, 15 CLC (HCD)
.... of the school) in collusion with accused-petitioner Ahmed Ali Lasker (Clerk of the said school) misappropriated an amount of Tk. 1,59,252/- by issuing as many as 400 false vouchers against fake persons during the period of 1979-1983. On 29.12.83 the Chief Metropolitan Magistrate, Chittagong passe......Advocate tor the accused petitioners. We do not find any abuse of the process of the Court. We do not think in the facts and circumstances of the case any interference for the ends of justice is called for u/s. 561A Cr.P.C. by this Court. In the result the application is summarily rejected. ......alled for u/s. 561A Cr.P.C. by this Court. In the result the application is summarily rejected. Md. Abdul Jalil, J.- I agree. Ed. This Case is also Reported in: 38 DLR (HCD) (1986) 124. ..Category: Criminal Law | Date: | Hits: 144
Yunus Ali and another Vs. State, 2008, 37 CLC (HCD)
....ecial Tribunal No. 2, Khulna in Special Tribunal Case No. 319 of 1997 convicting the accused appellants under section 25A of the Special Powers Act and sentencing each of them to suffer rigorous imprisonment for 10 years and to pay a fine of Taka 5000 in default to suffer rigorous imprisonment for 6......d in convicting and sentencing the accused appellants by the judgment and order dated 16-9-2002. 16. In the face of argument advanced by the learned Advocates of the contending parties, we are now called upon to scrutinise the material evidence in order to come to a proper decision in this appeal......Tribunal in order to serve out the remaining period of their respective sentence. Send down the LCR with a copy of judgment at once. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 793. ..Category: Criminal Law | Date: | Hits: 134
Sunil Kumar Ghosh & others Vs. State & others, 1986, 15 CLC (HCD)
....……………Petitioners Vs. The State & others……………………………………………………Opposite-Parties Judgment September 17, 1986. Result: The Rule is made absolute. Cases Referred to- Province of East Pakistan Vs. AKM Razaul Karim, 21 DLR (Dhaka) 493;......ince 1972 and since the suit was not brought within one year from the date of knowledge it was barred under Article 14 of the Limitation Act. 7. It is the propriety of this decision which has been called in question in the present Rule. Mr. PC. Guha, learned Advocate appearing for the petitioners......ditional District Judge court set aside and those of the learned Subordinate Judge are restored. There shall be no order as to costs. Ed. This Case is also Reported in:39 DLR (HCD) (1987) 377. ..Category: Property Law | Date: | Hits: 64
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