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Bangladesh Water Development Board Vs. MR. Sikder, 2003, 32 CLC (HCD)

....tice upon the Board under section 9(b) of the Arbitration Act. The Board duly received the notice. Arbitrator Mr. Justice Abdur Rahman Chowdhury also served a notice upon the defendants by registered post fixing 1‑11‑93 as the date of hearing but the defendants failed to appear before the said A......ury as the sole arbitrator, the defendant Board did not consent to the appointment of Mr. Justice Chowdhury as the arbitrator of the case and, in its turn, appointed Mr. GHA Islam Jaigirdar, a former member of the Board as its arbitrator, following which Mr. GHA Islam Jaigirder sent due notice to th...... 47 DLR 544; National Small Industries Corporation Vs. National Metal Craft, AIR 1981 (Delhi) 189; Indian Hosiery Works Vs. Bharat Woollen Mills, AIR 1953 (Cal) 488; Thawards Pherumal and another Vs. Union of India, AIR 1955 (SC) 468. Lawyers Involved: Abdul Wadud Bhuiyan with SM Fazlul Huq, ......eous case No.207 of 1994 of the 3rd Court of Subordinate Judge, Dhaka stands allowed. Send down the lower Courts records at once. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 682. ..

Category: Alternative Dispute Resolution | Date: | Hits: 543

Touhid & Others Vs. State, 2006, 35 CLC (HCD)

....tem Report. Learned Trial Judge took into stock the provisions contained in section 509A of The Code which enjoins that where in any inquiry, trial or other proceeding under this Code the report of a post mortem examination is required to be used as evidence, and the Civil surgeon or other medical o......er, as to whether the prisoner killed the deceased with a malicious intention, the prosecution has not made out the case and the prisoner is entitled to an acquittal." 36. It is, also to be well remembered that exaggerated devotion to the Rule of Benefit of doubt must not nurture fanciful doubts ......e to surrender learned Sessions Judge will take all steps to put him behind prison bar. Lower Court Records are sent down at once. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 364. ......e to surrender learned Sessions Judge will take all steps to put him behind prison bar. Lower Court Records are sent down at once. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 364. ..

Category: Criminal Law | Date: | Hits: 98

Moniruddin (Md.) Abedullah and others Vs. Controller of Examinations, Dhaka University and others, 1997, 26 CLC (HCD)

....0 of 1992 we hold that this Writ petition is not maintainable. In the result the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 567. ......hat the said examination was held in fair and proper manner and no illegality or irreg6larity or any unfair means were adopted. The council further stated in their resolution that almost all the members of the teacher’s council were invigilators of the said examination and they conducted the ......death in front of the office of the Vice Chancellor, Dhaka University starting from 29th December, 1990 and demanded to review the result withheld by the Controller of Examination. All Party Students Union (Apsu) made representation to the Vice Chancellor with a prayer to withdraw the impugned order......0 of 1992 we hold that this Writ petition is not maintainable. In the result the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 567. ..

Category: Constitutional Law | Date: | Hits: 300

Nuruzzaman (Md.) and others Vs. Bangladesh and others, 2012, 41 CLC (HCD)

....alifying in the viva voce examination they got them selected. Accordingly, a list of suc­cessful candidates was published. Thereafter, they got appointment letters and they joined their respec­tive posts. They had been discharging their duties in their office and received salaries. All on a sudden......nistry of Health and Family Welfare by letter communicated under Memo No. স্বাপকম/প্রশাসন-১/এডি/বিবিধ-১/২০১০/1219 dated 5-7-2010 formed a three member Enquiry Committee for holding enquiry over the matter. The convener of the said committee was......e infructuous. Accordingly, the Rule issued in Writ Petition No.6791 of 2010 is also discharged. Communicate the order at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 406. ......e infructuous. Accordingly, the Rule issued in Writ Petition No.6791 of 2010 is also discharged. Communicate the order at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 406. ..

Category: Employment/Service Law | Date: | Hits: 148

Sree Sree Moha Prabhu and Sree Sree Gopal Jew Deities Vs. Biresh Ranjan Dhar and others, 2009, 38 CLC (HCD)

.... and decree given at time of issuance of rule is vacated. The office is directed to send down the lower Courts records immediately. Ed. This Case is also Reported in: 18 BLT (HCD) (2010) 51. ......ment. 19. It has been found from the evidence on record that the Secretary of the Committee had removed the temple in which those were installed and installed those in his private house, where the member of the Hindu community appears to have no excess and thus, the worshippers are depriving in g...... and decree given at time of issuance of rule is vacated. The office is directed to send down the lower Courts records immediately. Ed. This Case is also Reported in: 18 BLT (HCD) (2010) 51. ...... and decree given at time of issuance of rule is vacated. The office is directed to send down the lower Courts records immediately. Ed. This Case is also Reported in: 18 BLT (HCD) (2010) 51. ..

Category: Property Law | Date: | Hits: 102

Allama Delawar Hossain Sayedee Vs. Bangladesh, and others, 2009, 38 CLC (HCD)

....d the respondents are hereby directed to allow the Petitioner to leave and re-enter Bangladesh. There will be no order as to cost. Ed. This Case is also Reported in: 18 BLT (HCD) (2010) 188. ......d the respondents are hereby directed to allow the Petitioner to leave and re-enter Bangladesh. There will be no order as to cost. Ed. This Case is also Reported in: 18 BLT (HCD) (2010) 188. ......d the respondents are hereby directed to allow the Petitioner to leave and re-enter Bangladesh. There will be no order as to cost. Ed. This Case is also Reported in: 18 BLT (HCD) (2010) 188. ......d the respondents are hereby directed to allow the Petitioner to leave and re-enter Bangladesh. There will be no order as to cost. Ed. This Case is also Reported in: 18 BLT (HCD) (2010) 188. ..

Category: Constitutional Law | Date: | Hits: 147

Mirja @ Mizan Vs. State, 2007, 36 CLC (HCD)

....on and sentence dated 30.07.2005 is set aside only as regards accused appellant Mirza alias Mizan. Send down the copy of judgment. Ed. This Case is also Reported in: 18 BLT (HCD) (2010) 256. ......arge of recovery of illegal arms and ammunition prosecution examined 7 witnesses while the defence examined none. Let us scrutinize the testimony of P.Ws. 12. P.W.1 S.I. Kamruzzaman Talukder was a member of raiding party and the police force caught absconding accused Mirza alias Mizan from behind......on and sentence dated 30.07.2005 is set aside only as regards accused appellant Mirza alias Mizan. Send down the copy of judgment. Ed. This Case is also Reported in: 18 BLT (HCD) (2010) 256. ......on and sentence dated 30.07.2005 is set aside only as regards accused appellant Mirza alias Mizan. Send down the copy of judgment. Ed. This Case is also Reported in: 18 BLT (HCD) (2010) 256. ..

Category: Criminal Law | Date: | Hits: 65

Nasirullah and another Vs. Government of Bangladesh and others, 2008, 37 CLC (HCD)

....ted. No order as to costs. The Rule issued in Writ Petition No. 3071 of 2008 is discharged without any order as to costs. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 119. ......e of increase of population and vehicles in Dhaka City Corporation (in short, DCC), the Government imposed restrictions on plying trucks within the city from morning to 8-00 /9-00 PM As a result, the members of English Road Iron and Steel Merchants Association (in short, the Association) have been f......deo of the land to be acquired shall be made along with all structures and trees thereon by the Deputy Commissioner in presence of the requiring person, local elites and elected representative of the Union or the Municipality within the local limits of which the land is situated." 33. From the ab......ted. No order as to costs. The Rule issued in Writ Petition No. 3071 of 2008 is discharged without any order as to costs. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 119. ..

Category: Property Law | Date: | Hits: 79

Abdul Karim Vs. Land Acquisition Officer, Comilla and others, 2006, 35 CLC (HCD)

....e without lawful authority. With the foresaid findings and observations, I concur with my learned brother in making the Rule absolute. Ed. This Case is also Reported in:61 DLR (HCD) (2009) 112. ......as to this court may seem tit and proper. 2. The facts as stated in the petition are that the petitioner is the owner of the homestead land measuring 0.20 acres where he was living with his family members and also has been running a tea stall in the small part of it. He filled up a ditch of about......e without lawful authority. With the foresaid findings and observations, I concur with my learned brother in making the Rule absolute. Ed. This Case is also Reported in:61 DLR (HCD) (2009) 112. ......e at a consideration of Taka 10 lac and having failed he forcibly hanged a signboard of the then ruling party. The petitioner then removed the signboard from his land. On 29-7-90 a meeting of Upazila Parishad under the Chairmanship of the then Upazila Chairman Mr. Amzad Hossain was held and in the s..

Category: Property Law | Date: | Hits: 85

Durga Prasad Singh Hajari Vs. Commissioner of Taxes, Taxes Zone 3, Chittagong, 2007, 36 CLC (HCD)

....lated in the negative and in favor of the assessed and against the revenue. No cost. Communicate at once. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 723; 13 MLR (HCD) (2008) 397. ......come Tax Ordinance, 1984 accepts and respects the Hindu personal law as it accepts a Hindu undivided family as a person when a return of income is so filed on behalf of such undivided family. Also, a member of such family can file the return of his income if he/she got such income assessable to tax......lated in the negative and in favor of the assessed and against the revenue. No cost. Communicate at once. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 723; 13 MLR (HCD) (2008) 397. ......lated in the negative and in favor of the assessed and against the revenue. No cost. Communicate at once. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 723; 13 MLR (HCD) (2008) 397. ..

Category: Fiscal/Taxation Law | Date: | Hits: 138

Razia Khanam Vs. Md. Shamuzzoha Khan & Others, 2007, 36 CLC (HCD)

....arging her duties as principal of the said college and during discharging her function as principal, the Governing Body of the College took an illegal decision dated 29.9.2003 suspending her from the post of principal temporarily and allowing the defendant No.5 from functioning as principal-in-charg......h the peon of the college but she refused to receive the said notice and refused to put signature on the notice book. The decision dated 29.9.2003 was taken very lawfully. The defendant Nos.2-4 being members of the ad-hoc Committee and the defendant No.1 being the Chairman of the said Managing Commi...... granted by this Court dated 5.9.2005 is hereby vacated. 30. The office is directed to send down the lower Court's record at once. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 355. ...... granted by this Court dated 5.9.2005 is hereby vacated. 30. The office is directed to send down the lower Court's record at once. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 355. ..

Category: Employment/Service Law | Date: | Hits: 118

Mohammad Shahidul Islam @ Mufti Shahidul Islam Vs. National Board of Revenue, 2008, 37 CLC (HCD)

....wful authority and as such, of no legal effect and accordingly, quashed, so far the petitioner is concerned. Communicate at once. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 441. ......m confiscation. 26. Before we undertake to examine the liability of the petitioner under the Customs Act, 1969 and the Imports and Exports (Control) Act, 1950 and under any penal law, it must be remembered that both the adjudication order was passed and criminal proceeding launched on the assumpt......nd/or duty of the member of Parliament came to be considered in the case of Sheik Abdus Sabur Vs. Returning Officer and others: (1989) 41 DLR (AD) 30. In upholding insertion of section 7(2)(g) of the Union Parishad Ordinance by Act XIII of 1987 providing certain disqualifications for seeking electio......duty of the member of Parliament came to be considered in the case of Sheik Abdus Sabur Vs. Returning Officer and others: (1989) 41 DLR (AD) 30. In upholding insertion of section 7(2)(g) of the Union Parishad Ordinance by Act XIII of 1987 providing certain disqualifications for seeking election of a..

Category: Fiscal/Taxation Law | Date: | Hits: 246

Mir Daulat Hossain and another Vs. Secretary, National Sports Council and others, 1998, 27 CLC (HCD)

....Hossain as the General Secretary, National Shooting Federation, Gulshan has filed this application challenging the notice or Proggapan dated 15‑2‑98 issued by respondent No.1 relieving him of the post of General Secretary of National Shooting Federation (Annexure‑B to the petition). The petiti......ting Nuruzzaman as Treasurer of the Shooting Federation is also set aside and the Rule is made absolute without any order as to cost. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 561. ......ting Nuruzzaman as Treasurer of the Shooting Federation is also set aside and the Rule is made absolute without any order as to cost. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 561. ......ting Nuruzzaman as Treasurer of the Shooting Federation is also set aside and the Rule is made absolute without any order as to cost. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 561. ..

Category: Employment/Service Law | Date: | Hits: 100

Abdul Quader Farazi Vs. Chief Election Commi­ssioner, Bangladesh & others, 1998, 27 CLC (HCD)

....ion of the said Union was held on 18‑12‑97 in all the centres consisting of nine centres peacefully except No.76, Uttar Lengutia Government Primary School Centre, the election of that centres was postponed and cancelled due to disturbance during the poll and a date for repoll was fixed on 31‑1......s. In the result, the Rule is discharged without any order as to costs. The order of stay granted by this Court is hereby vacated. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 636. ......upon the respondents to show cause as to why the order passed by the Election Commission dated 3‑2‑1998 for holding fresh poll in No.76 Uttar Lengutia Government Primary School Centre of Jangalia Union under Mehendiganj Police Station should not be declared to have been made without lawful autho...... submits that the Election Commissioner having received no report from the presiding officer and returning officer illegally interfered in the matter in violation of provision of Rule 29 of the Union Parishad Election Rules, 1983, that the respondent No.5 Deputy Commissioner, Barisal not being conne..

Category: Election Law | Date: | Hits: 591

Md. Shafiqul Islam Vs. Board of Intermediate and Secondary Education, Comilla, 2006, 35 CLC (HCD)

...., be put thus:- 3. The petitioner joined the service of the Respondent No.1 in September, 1966 as a Lower Division Assistant. Thereafter he was promoted to Upper Division Assistant and then to the post of Section Officer in 1989 and he had been discharging his duties honestly and efficiently till......men­tioned therein to which the petitioner replied denying the frivolous and baseless charges brought against him. Thereafter, the Respondents purportedly formed an Inquiry Committee consisting of 3 members to inquire into the allegations brought against the peti­tioner and the said Inquiry Commit......tioner was elected as the President of the Karmachari Samity of the Respondent No.1 in 1990 and again re-elected as its President in 1993. The aforesaid Karmachari Samity is the only registered Trade Union of the Karmacharies of the Respondent No.1 and is the only Collective Bargaining Agent of the ......ure-A to the petition, is declared to have been made without lawful authority and is of no legal effect. Tariq-ul Hakim J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 203. ..

Category: Labour and Industrial Law | Date: | Hits: 2706

Sahabuddin Vs. State, 2008, 37 CLC (HCD)

.... Hussain, AH Hussain Bhuiyan, Selim, Ruhul Amin, Zahid and Kamal killed Shah Alain Babul on taking him to 'Bawania Beel' located by western side of "Bawania Embankment". 25. P.W. 5 Abdul Malek was posted as Metropolitan Magistrate on 27-4-1997. He recorded dying declaration of Shah Alam Babul. He......ecution version is, also, required to be judged taking into account overall circumstances of case with a practical, pragmatic and reasonable approach in appreciation of evidence. It is always to be remembered, that the graver the charge the greater is the standard of proof required………………......be set at liberty forthwith if not wanted in connection with any other case. Lower Court Records be sent down at once. Ed. This Case is also Reported in:   61 DLR (HCD) (2009) 54. ......be set at liberty forthwith if not wanted in connection with any other case. Lower Court Records be sent down at once. Ed. This Case is also Reported in:   61 DLR (HCD) (2009) 54. ..

Category: Criminal Law | Date: | Hits: 85

Md. Maniruzzaman and another Vs. State, 2011, 40 CLC (HCD)

....e charge levelled against them and they be discharged from their respective bail bonds. Send down the lower Court records at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 477. ......e charge levelled against them and they be discharged from their respective bail bonds. Send down the lower Court records at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 477. ......an alias Tusar. Abbas Ali and Anisur Rahman distributed the said Indian currency amongst themselves but, quarrel arose amongst themselves touching that distribution and thereafter Abul Kalam Azad, Ex-Union Parishad Chairman was asked to recover money from the aforesaid Anisur Rahman and ultimately A......as Tusar. Abbas Ali and Anisur Rahman distributed the said Indian currency amongst themselves but, quarrel arose amongst themselves touching that distribution and thereafter Abul Kalam Azad, Ex-Union Parishad Chairman was asked to recover money from the aforesaid Anisur Rahman and ultimately Anisur ..

Category: Criminal Law | Date: | Hits: 84

Manu Mia @ Malu Mia &Others Vs. State, 1989, 18 CLC (HCD)

.... the charge levelled against them. The petitioners on bail in both the Rules shall be discharged from their bail bonds im­mediately. Ed. This Case is also Reported in:42 DLR (HCD) (1990) 191. ......le Ext.1. This Rai Charan Barman was alive when the criminal case was filed but during pendency of the case after re­mand he died. One certificate dated 25.8.89 was giv­en by one Md. Abdul Hamid, a member of ward No.3 of No.4 Mouzak union parishad, Upazila Kaliakair, District Dhaka. In that certif...... the charge levelled against them. The petitioners on bail in both the Rules shall be discharged from their bail bonds im­mediately. Ed. This Case is also Reported in:42 DLR (HCD) (1990) 191. ...... the charge levelled against them. The petitioners on bail in both the Rules shall be discharged from their bail bonds im­mediately. Ed. This Case is also Reported in:42 DLR (HCD) (1990) 191. ..

Category: Procedural Law | Date: | Hits: 111

Syed Ghulam Shahriar Vs. Md. Abdur Mannan and 14 others, 2010, 39 CLC (HCD)

....having no merit is liable to be discharged. In the result the Rule is discharged. However, there shall be no order as to costs. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 248. ......having no merit is liable to be discharged. In the result the Rule is discharged. However, there shall be no order as to costs. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 248. ......ng the case we have examined all the annexed document i.e. the DP Khatian No.1 Annexure-B, standing in the name of the Deputy Commissioner, Sylhet, the certificate issued by the Chairman, West Anwara Union Parishad No.9, dated 25-1-2010,annexure-C, and the letter issued by the Upazila Nirbahi Office...... case we have examined all the annexed document i.e. the DP Khatian No.1 Annexure-B, standing in the name of the Deputy Commissioner, Sylhet, the certificate issued by the Chairman, West Anwara Union Parishad No.9, dated 25-1-2010,annexure-C, and the letter issued by the Upazila Nirbahi Officer, Gol..

Category: Property Law | Date: | Hits: 88

State Vs. Md. Ershad Ali Sikder and others, 2003, 32 CLC (HCD)

....o the place of occurrence after hearing the gun shot and saw deceased Panna lying on the ground with severe bleeding injury. P.W.1 then informed the occurrence to the police at Coal dump Police out‑post. Subsequently police came and removed Panna to 250‑bed Hospital in Khulna and later on he was......ctions 34, 144 It is an accepted principle of law that common intention can even be formed on the spot and a person can be killed without any pre‑plan……………..(36) The appellants were members of the unlawful assembly armed with deadly weapons and they came with the condemned prisoner......m alias Franch Alam (5) Jalil Mollah is allowed. The appellants therefore be set at liberty at once if not wanted in any other case. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 672. ......m alias Franch Alam (5) Jalil Mollah is allowed. The appellants therefore be set at liberty at once if not wanted in any other case. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 672. ..

Category: Criminal Law | Date: | Hits: 110