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Hasina Karim Vs. Bangladesh, 1992, 21 CLC (HCD)
.... Let this order be communicated to the Deputy Inspector General of Prisons, Rajshahi Central jail, Rajshahi for compliance. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 366. ...... the detaining authority. 6. Mr. AY Salehuzzaman, the learned Deputy Attorney‑General, representing the contesting respondents, has, on the other hand, argued that in the grounds of detention full particulars of the activities alleged to have been indulged in by the detenu have been properly......y you started anti‑government activities on the plea of release of Ershad and for that purpose secretly supplied funds to various labour and women's organisations so that these organisations may damage the image of the democratic lawful Government and thereby you are involved in activities contrar..Category: Constitutional Law | Date: | Hits: 299
Matiur Rahman (Md.) Vs. Bangladesh & others, 1998, 27 CLC (HCD)
....tioners vide Annexure-Z(3) of the writ petition. Considering the facts and circumstances of the case, we pass no order as to cost. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 357. ...... of the uncertain position in which he has been kept for such a long time. A copy of the letter of the petitioner dated 2-12-95 has been annexed as Annexure-Z(2) to the petition. The petitioner being fully trained and effective in his post, having spent a long time in learning the expertise and havi...... than the target for that year. As an acknowledgment of the petitioner’s highly satisfactory performance on 2-1-95 the Collector of Customs, Excise and VAT Collectorate Dhaka (North) sent him a message of congratulation. A copy of the congratulation letter date 2-1.95 has been annexed as Annexure-..Category: Employment/Service Law | Date: | Hits: 216
Musa Bin Shamsher Vs. Ansarul Huq Ansari & others, 1986, 15 CLC (HCD)
....dvocate for the accused petitioner for giving him time to move the Appellate Division if he so likes. Md. Abdul Jalil J. - I agree. Ed. This Case is also Reported in: 39 DLR (HCD) (1987) 24. ......dvocate for the accused petitioner for giving him time to move the Appellate Division if he so likes. Md. Abdul Jalil J. - I agree. Ed. This Case is also Reported in: 39 DLR (HCD) (1987) 24. ......s went to the house of the accused at Dhaka on 10.01.1985 when accused denied all transactions in respect of the said amount and the accused and his hired gundas abused the complainant in filthy language and misbehaved with him. The greedy accused cheated the complainant and misappropriated the enti..Category: Criminal Law | Date: | Hits: 362
Serajul Alam Khan Vs. State, 1992, 21 CLC (HCD)
....The Rule is, accordingly, made absolute. Let an advance order be sent to the Superintendent, Comilla Central Jail, Comilla. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 603.......The Rule is, accordingly, made absolute. Let an advance order be sent to the Superintendent, Comilla Central Jail, Comilla. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 603.......hip with other friendly countries. It is emphatically asserted that the allegations contained in the grounds served on the detenu are false, baseless and derogatory to the standing prestige, the heritage of the detenu who has a commendable political background. The detenu as one of the organizers, p..Category: Criminal Law | Date: | Hits: 156
Anowar Hossain & others Vs. Abul Hossain Molla & others, 1991, 20 CLC (HCD)
....side and those of the decree and judgment passed by the trial Court are restored. In view of this fact I make no order as to cost. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 597.......zibar Ali and Akbar Ali. Thereafter Roushan Ali died leaving widow plaintiff No.2. a son, plaintiff No.1 and 2 daughters plaintiff Nos.3 and 4. Thereafter Azibar Ali died leaving mother (since dead), full brother defendant No.7 and two sisters defendant Nos.8 and 9. It is the further case of the pla......la & others…………..Respondents. Judgment May 7, 1991. Result: The appeal is allowed. Case Referred To- Habibur Rahman Vs. Abdul Wadud and others, 21 DLR page 382. Lawyers Involved: Abdul Hamid Chowdhury, Advocate-For the Appellants. Hab..Category: Property Law | Date: | Hits: 122
State Vs. Abul Kalam Azad, 1995, 22 CLC (HCD)
....s on their persons. Such evidence inspire confidence. The accused carried a dao and a knife concealed and entered into the room and inflicted blows upon the inmates of the house. He did not spare the woman and boy of tender age. 14. The learned Sessions Judge, Manikganj has rightly convicted the...... prosecution witnesses examined by the prosecution. P.W.1 supported the statement made in the First Information Report in toto. There is no contradiction or omission in the evidence of P.W.1. She has fully corroborated the statement made in the First Information Report. Defence could not elicit any ......ofazzal Hossain Nanno Miah together with Sakhawat Hossain, Afasrun Nessa, Latifa Akhtar and Imran. 2. The prosecution case, in short, is that accused Abul Kalam Azad married Arifa Akhtar. The marriage was not a happy one. He used to maltreat and torture Arifa. As a result Arifa Akhtar had to divo..Category: Criminal Law | Date: | Hits: 125
M/s. Adamjee Jute Mills Ltd. Vs. Chairman, 3rd Labour Court and another, 1986, 15 CLC (HCD)
....dent No.1 shall thereafter try and dispose of the I.R.O. case in question in accordance with law. AM Mahmudur Rahman J. - I agree. Ed. This Case is also Reported in: 39 DLR (HCD) (1987) 11. ......dent No.1 shall thereafter try and dispose of the I.R.O. case in question in accordance with law. AM Mahmudur Rahman J. - I agree. Ed. This Case is also Reported in: 39 DLR (HCD) (1987) 11. ......dent No.1 shall thereafter try and dispose of the I.R.O. case in question in accordance with law. AM Mahmudur Rahman J. - I agree. Ed. This Case is also Reported in: 39 DLR (HCD) (1987) 11. ..Category: Procedural Law | Date: | Hits: 180
Dalia Parveen Vs. Bangladesh Biman Corporation and another, 1995, 24 CLC (HCD)
....n passed without any lawful authority and is of no legal effect. In the result the Rule is made absolute without any order as to costs. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 132.......n passed without any lawful authority and is of no legal effect. In the result the Rule is made absolute without any order as to costs. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 132....... The petitioner obtained this Rule from this Court upon the respondents to show cause as to why the order, No.Dhaka GF/P‑32243/92/3004 dated 1.12.92 passed by the Managing Director and Personnel Manager of the Respondent No.1. The Bangladesh Biman Corporation, should not be declared to have been m..Category: Employment/Service Law | Date: | Hits: 361
Moudud Ahmed Vs. State, 1995, 24 CLC (HCD)
....cisions which I have referred in my Judgment. In the result, I discharge this Rule. The prayer for certificate to appeal is refused. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 108.......cisions which I have referred in my Judgment. In the result, I discharge this Rule. The prayer for certificate to appeal is refused. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 108.......er section 5(2) of Act II of 1947 cannot be said to have been framed without any material disclosing the accusation against the petitioner and upon such view held that the proceeding at the initial stage, when the Special Judge came to the conclusion that a prima facie case has been made out, cannot..Category: Criminal Law | Date: | Hits: 111
Ajit Kumar Sarkar and others Vs. Radhakanta Sarkar and others, 1992, 21 CLC (HCD)
....e Penal Code pending against the accused‑petitioners in the court of the Upazila Magistrate Paikgacha, Khulna, is hereby quashed. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 533....... 195, apply only where an offence is committed by a party, to a proceeding in any court in respect of a document which has been produced or given in evidence in such proceeding”. 8. We respectfully disagree with the above views of the Division Bench which held that Revenue Officer doing muta......e Penal Code pending against the accused‑petitioners in the court of the Upazila Magistrate Paikgacha, Khulna, is hereby quashed. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 533...Category: Criminal Law | Date: | Hits: 142
Nurul Huda Vs. Bahar Uddin & others, 1989, 18 CLC (HCD)
....of the Code in the then East Pakistan Act No. XXXVI of 1957, noted above, may take appropriate steps in the matter, if it so desires. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 395. ......or a term not exceeding five years shall lie to the Court of Sessions under section 408 Cr.P.C. and not to the High Court Division under section 410 Cr.P.C. Section 408 Cr.P.C. shall continue to have full force and application. 10. A contrary view was taken on 6.2.84 by Altaf Hossain J of the Chi......hat it shall so operate is clearly disclosed." "The appropriate office of a proviso is to restrain or modify the enacting clause, and not to enlarge it or confer a power; but where from the language employed it is apparent that the legislature intended a more comprehensive meaning, it must be..Category: Criminal Law | Date: | Hits: 158
Syed Ashfaque Hossain & others Vs. Bangladesh, 1989, 18 CLC (HCD)
....s of the petitioners to the extent of 5.80 acres as it originally stood. The Rule in Contempt Petition No.3 of 1987 is discharged. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 364. ...... within the four corners of the Act itself, we consider it to be a hazardous leap into the dark to invest the Government with an imaginary power by way of a bonus. The Government itself possessed the full powers of an appellate and revisional body. It handed over those powers to the Board by a statu...... in 1970. Thereafter the heirs of Syed Ashraf Ali, namely, the respondent No.4 and his brothers and sisters requested the said licencees to surrender possession of the structures to them. At this stage they became hostile and instead of complying with the request they approached one of the sons of..Category: Property Law | Date: | Hits: 129
State Vs. Khalilur Rahman, 1995, 24 CLC (HCD)
....nced him to suffer RI for the period already undergone. He may be released forthwith if not wanted in connection with any other case. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 184. ......m Ali and found the following injuries: (1) One stitched wound on the left lumber area 2½" above the left iliac crest ½” in length. On dissection left kidney found injured and abdominal cavity full of clotted blood. (2) One stitched wound on the posteriolateral surface of the left forearm ......juries person to hospital and on the day following Sikim Ali succumbed to his injuries in the hospital. It may be stated that the parties were at daggers-drawn on a dispute relating to a pathway (passage) through the house of Sikim Ali for which 4 criminal cases were pending before the Court. 4. ..Category: Criminal Law | Date: | Hits: 139
Judges of the High Court Division Vs. Ashok Kumar Karmaker, 1995, 24 CLC (HCD)
....udgment be sent to the Ministry of Law, Justice and Parliamentary Affairs of the Government of the People’s Republic of Bangladesh. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 179. ...... is the right of every man in Parliament or out of it, in the press or over the broadcast, to make fair comment, even outspoken comment, on matters of public interest. Those who comment can deal faithfully with all that is done in a Court of justice, .................. ..............….silenc......intenance of the authority of the judiciary is indispensable to the stability of the Government." This is quoted by Mr. VG Ramachandran in his treatise "The Contempt of Court”, 5th Edition at page 224. Thus, the object or purpose for punishing contempt of judges by scandalising them is not fo..Category: Criminal Law | Date: | Hits: 149
Muslim Halder (Md.) Vs. Hajrat Ali Halder & others, 1995, 24 CLC (HCD)
....nted earlier by the Court on 19.9.1985 is hereby vacated. No order as to costs. Send down the records to the Courts below at once. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 175. ......nted earlier by the Court on 19.9.1985 is hereby vacated. No order as to costs. Send down the records to the Courts below at once. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 175. ......nted earlier by the Court on 19.9.1985 is hereby vacated. No order as to costs. Send down the records to the Courts below at once. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 175. ..Category: Property Law | Date: | Hits: 106
Israil (Md.) Hossain Vs. Shah Iqbal Ahsan and others, 1995, 24 CLC (HCD)
....iable to be discharged. Accordingly, the Rule is discharged without any order as to costs. The stay order granted earlier is vacated. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 173. ......pport of his contention he cited a decision in the case of Khan Sahib Khan Muhammad Saadat Ali Khan Vs. Administrator of the City Corporation of Lahore, reported in PLD 190 (Lahore) 541 which was the full Bench decision and the decision was given on a reference made as to this particular point that ......iable to be discharged. Accordingly, the Rule is discharged without any order as to costs. The stay order granted earlier is vacated. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 173. ..Category: Procedural Law | Date: | Hits: 125
Hafiz Ahmed Vs. Ahmedur Rahman and others, 1995, 24 CLC (HCD)
....llowing the pre‑emption are set aside. The pre‑emption case is dismissed. No order as to costs. Send down the records at once. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 170. ......llowing the pre‑emption are set aside. The pre‑emption case is dismissed. No order as to costs. Send down the records at once. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 170. ......; Md. Abbas Ali Vs. Md. Osmn Ali and others, 37 DLR 324; Upendra Chandra Roy Vs. Janab Ali, 29 DLR para 7; 18 DLR 317; Gobinda Dayal Vs. Inayetullah, ILR 7 (All.) 775; Bishan Singh, AIR 1958 (SC) at page 838 (pars 11). Lawyers Involved: Farmanullah Khan, Advocate ‑ For the Petitioner. Md..Category: Property Law | Date: | Hits: 127
Shahjahan (Md.) Vs. State, 1999, 28 CLC (HCD)
.... into life imprisonment. The sentence of life imprisonment will start from the date when the accused will be apprehended or surrenders. Ed. This Case is also Reported in: 51 DLR (1999) (HCD) 373.......his wife Saleha Begum. 9. The learned Sessions Judge, Kishoreganj, through his vivid discussion of the Document evidence on record and considering the oral, testimony of all the witnesses very carefully, as we see, found the condemned prisoner guilty under section 302 of the Penal Code and acquit......ng from the very date of occurrence which took place on 2- 10-92. Co-accused is Saleha Begum who is wife of the condemned prisoner. The deceased was Mahbubur Rahman who was a young man of 20 years of age. The condemned prisoner is also a young man. The First Information Report was lodged on the same..Category: Criminal Law | Date: | Hits: 130
Bangladesh General Insurance Co. Ltd. Vs. Chalna Marine Products Co. Ltd., 1999, 28 CLC (HCD)
....sult, the FA No.129 of 1995 is dismissed without any order as to costs. Send down the lower Court records of both the suits at once. Ed. This Case is also Reported in: 51 DLR (1999) (HCD) 357.......led by the sole defendant against the judgment and decree dated 31-7-94 and 8-3-94 respectively passed by the learned Subordinate Judge, First Court, in Money Suit No.24 of 1989 decreeing the suit in full for an amount of Taka 47,13,905.70 only. 2. First Appeal No.129 of 1995 has been filed by th......llowed. FA No.129 of 1995 is dismissed. Cases Referred to- Cox’s Vs. Employers’ Liability Assurance Corporation, Limited (1915 C. 2884), Law Reports, 1916, King’s Bench Division, Vol. II page 629; Borada Spinning and Weaving Co Ltd. Vs. Satyanarayan-Marine and Fire insurance Co Ltd., AIR..Category: Business or Commercial Law | Date: | Hits: 522
Abul Hashem Khan & others Vs. Md. Shamsuddin Khan & others, 1989, 18 CLC (HCD)
....em. In the face of our findings in respect of Ext. W and Z series the application is not maintainable. Accordingly, it is rejected. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 415.......on was that the plaintiffs would enjoy the profit and bear loss of the business proportionate to the aforesaid advance of Tk.45,000/-till execution and registration of the deed of partnership after full payment of the balance of Tk.7,55,000/-. In pursuance of the oral contract the plaintiffs in go......e alleged contract the very existence of which is denied by them. 19. It has been contended on behalf of the appellants that the plaintiffs having not produced anything to show that there is usage or custom of trade the implied authority of defendant No.1 does not and can not empower him to t..Category: Business or Commercial Law | Date: | Hits: 349