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Mizanur Rahman Vs. Surma Khatun, 1998, 27 CLC (HCD)

....ourt is directed to take steps after receiving the records for securing arrest of the petitioner to serve out the remaining sentence. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 559. ......ourt is directed to take steps after receiving the records for securing arrest of the petitioner to serve out the remaining sentence. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 559. ......n but modified the sentence and awarded simple imprisonment as well as fine. The present application has been filed taking various grounds- main ground taken is that at the relevant time there was no Union Parishad and as such, there was no Arbitration Council for filing an application for obtaining......modified the sentence and awarded simple imprisonment as well as fine. The present application has been filed taking various grounds- main ground taken is that at the relevant time there was no Union Parishad and as such, there was no Arbitration Council for filing an application for obtaining permi..

Category: Procedural Law | Date: | Hits: 105

Abdur Jabbar Sheikh Vs. Md Rafiqul Islam and others, 2010, 39 CLC (HCD)

....side and that of the trial court is restored. However, there shall be no order as to cost. Send the LCR back to the courts below. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 470. ......side and that of the trial court is restored. However, there shall be no order as to cost. Send the LCR back to the courts below. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 470. ......side and that of the trial court is restored. However, there shall be no order as to cost. Send the LCR back to the courts below. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 470. ......side and that of the trial court is restored. However, there shall be no order as to cost. Send the LCR back to the courts below. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 470. ..

Category: Property Law | Date: | Hits: 119

Editor, Bangladesh Observer, Dhaka & another Vs. Member, Labour Appellate Tribunal and others, 1998, 27 CLC (HCD)

....ment the judgment and order complained of without further delay. The order of stay granted earlier by this Court is hereby vacated. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 606. ......ment the judgment and order complained of without further delay. The order of stay granted earlier by this Court is hereby vacated. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 606. ......ment the judgment and order complained of without further delay. The order of stay granted earlier by this Court is hereby vacated. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 606. ......ment the judgment and order complained of without further delay. The order of stay granted earlier by this Court is hereby vacated. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 606. ..

Category: Labour and Industrial Law | Date: | Hits: 215

Md. Shahab Uddin Chowdhury Vs. Bangladesh and others, 2010, 39 CLC (HCD)

....titioner was the Nikah Register of Ward No.55 of Dhaka City Corporation. The Nikah Registrar, Pirjada Syed Shariatullah of Ward No.53 of Dhaka City Corporation retired on 1.5.2009 and accordingly the post of Nikah Registrar of Ward No.53 fell vacant. The respondent No.3, District Registrar due to va......tte have no statutory force. They state a few principles to be observed by the Directorate of Fisheries in leasing out Government Fisheries, thus offering guide lines to the department but not to the members of the public who had, therefore, no access to them." 19. In another case of Philips Elec......ssed above both the Rules issued in Writ Petition Nos.3392 of 2009 and 6235 of 2009 are discharged but without any order as to costs. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 222. ......ssed above both the Rules issued in Writ Petition Nos.3392 of 2009 and 6235 of 2009 are discharged but without any order as to costs. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 222. ..

Category: Civil Law | Date: | Hits: 130

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

...., "Seeking declaration and for damages and compensation." 9.Complainant-opposite-party No.2, contest­ed the Rule by filing a counter-affidavit contending inter alia that he had to retire from the post of Director due to amendment in 2003, of section 15 Kaka of the Banking Companies Act, 1991, wh......rder passed in this case stands vacated. Let a copy of this Judgment and Order be trans­mitted to the concerned Court immediately. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 44. ......rder passed in this case stands vacated. Let a copy of this Judgment and Order be trans­mitted to the concerned Court immediately. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 44. ......rder passed in this case stands vacated. Let a copy of this Judgment and Order be trans­mitted to the concerned Court immediately. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 44. ..

Category: Criminal Law | Date: | Hits: 100

Eddystone Broadcast Vs. Government of Bangladesh & Others, 2010, 39 CLC (HCD)

....ioner's tender in accordance with law in the light of the findings made in the body of the Judgment. There is no order as to costs. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 7. ...... is contended on behalf of Respondent No.2 and 3 that the decision of Review Panel bears two signatures only, though Regulation 52 (3) provides for Constitution of the Review Panel with minimum three members and as such the decision is not valid in law. 33. As per Regulation 52 (3) a Review Panel......ioner's tender in accordance with law in the light of the findings made in the body of the Judgment. There is no order as to costs. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 7. ......ioner's tender in accordance with law in the light of the findings made in the body of the Judgment. There is no order as to costs. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 7. ..

Category: Others | Date: | Hits: 127

Ms. Nurunnahar Begum Vs. Sheikh Moqbul Ahmed and others, 2009, 38 CLC (HCD)

....nected Civil Rule No.576 (f/m) of 2004 is made absolute. Send down the lower Court records at once. AKM Abdul Hakim, J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 145. ......ervice holder. Under the Deed of Trust and Rules of Bangladesh Red Crescent Society Employees Provident Fund "Family" defines under Rules 2 Sub-Rule(h) as: (h) "Family" means in the case of family member, his wife and legitimate children and in the case of female member, herhusband and legitimate......nected Civil Rule No.576 (f/m) of 2004 is made absolute. Send down the lower Court records at once. AKM Abdul Hakim, J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 145. ......nected Civil Rule No.576 (f/m) of 2004 is made absolute. Send down the lower Court records at once. AKM Abdul Hakim, J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 145. ..

Category: Civil Law | Date: | Hits: 136

Sohel Monir Vs. State, 1996, 25 CLC (HCD)

....pon the appellant is hereby set aside and the appellant is acquitted of the charge. The appellant is discharged from his bail bond. Ed. This case is also Reported in:49 DLR (HCD) (1997) 407. ......in. He denied the defence suggestion that he arrested appellant Sohel Monir at the instance of his colleagues who were inimical with him. He stated that he does not know if appellant Sohel Monir is a member of Biman Service Union No.1977 or that there was a rival Biman Sramik Union No.1308 or there ......e suggestion that he arrested appellant Sohel Monir at the instance of his colleagues who were inimical with him. He stated that he does not know if appellant Sohel Monir is a member of Biman Service Union No.1977 or that there was a rival Biman Sramik Union No.1308 or there were disputes in between......pon the appellant is hereby set aside and the appellant is acquitted of the charge. The appellant is discharged from his bail bond. Ed. This case is also Reported in:49 DLR (HCD) (1997) 407. ..

Category: Criminal Law | Date: | Hits: 100

State Vs. Kamal Ahmed, 1997, 26 CLC (HCD)

....lephonic information. Bogra Sadar police started PS Case No.16 dated 25‑4‑90. Inquest was held on two dead bodies by SI of Police Md. Sirajul Islam who then sent the dead bodies to the morgue for post‑mortem examination. Officer‑in‑Charge of the Police Station Alamgir Kabir himself took up......rote it down. He also denied the suggestion that the true story about the murder of Safer and Rashid has been suppressed and a false case has been started. He also stated that he was one of the three members of the Board which held post‑mortem examination on the two dead bodies. During further cro......d appellant Mofazzal Ali Haider @ Md. Haider Ali under section 120B of the Penal Code is set aside and he is acquitted of that charge. Ed. This case is also Reported in:49 DLR (HCD) (1997) 381. ......d appellant Mofazzal Ali Haider @ Md. Haider Ali under section 120B of the Penal Code is set aside and he is acquitted of that charge. Ed. This case is also Reported in:49 DLR (HCD) (1997) 381. ..

Category: Criminal Law | Date: | Hits: 131

Jobaida Rashid Vs. State, 1997, 26 CLC (HCD)

....e of the petitioner at No.7 Gulshan, Road No.55 and entered into the premises in search of the First Information Report named accused Major Khandker Abdur Rashid (who subsequently was promoted to the post of Lieutenant Colonel wherefrom he retired.). It is contended further that the petitioner wante......bur Rahman situated at No.677 of, Road No.32, Dhanmondi Residential Area. In the First Information Report he gave a detailed description of the occurrence as to how the then President, his wife, some members of his family and some officials on duty were killed by the army personnel in the early hour......uld like to narrate briefly, the facts of that case. On 9‑7‑92 there was an occurrence of violent clashes in the Titas Gas Building at Kawran Bazar between the members and supporters of the rival Unions of the employees of the Titas Gas Transmission and Distribution Company Limited. In the said ......sued by this Court so far other accused persons of the case are concerned is hereby vacated. The Rule is accordingly made absolute. Ed. This case is also Reported in:49 DLR (HCD) (1997) 373. ..

Category: Criminal Law | Date: | Hits: 107

State and others Vs. Sheema Begum and others, 2004, 33 CLC (HCD)

....d sentenced the condemned prisoner including the convict appellants relying upon the circumstantial evidences which are found to be not consistent with the evidences adduced in this case and also the post mortem and chemical examination report thereby warranting interference by this Court. He also s......thereafter she left the house of P.W.2 Ayesha Begum for his village Portashi. In her cross-examination she stated that khokon Talukder who has his house by south-east border of the Girl's school is a member of their family who used to live in the same house at village-Portashi. She stated that she d......rty if not wanted with any other connection. Send down the L.C.R. to the Court of the Additional Sessions Judge, Pirojpur at once. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 265. ......rty if not wanted with any other connection. Send down the L.C.R. to the Court of the Additional Sessions Judge, Pirojpur at once. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 265. ..

Category: Criminal Law | Date: | Hits: 94

Md. Nazrul Islam Mollah alias Nazrul Islam Mollah Vs. State and anoth­er, 2009, 38 CLC (HCD)

.... as decided in the case of Lutfar Rahman and oth­ers Vs. State, reported in 13 MLR (AD) 126, quashment of a proceeding may be sought for even at even at the stage of investigation, if the same is preposterous. 20. Although, in usual practice, quash­ment of a proceeding under Section 561A of the......n it gave rise to concoction as to the intention of the accused-petitioner to deceive the informant. Thereafter, the informant came to know that the accused-petitioner was a fraud and terrorist and a member of a gang of forgery and he would expose himself sometimes as a Doctorate Degree holder and s......scharged. Stay granted earlier by this Court at the time of issuance of the Rule is hereby vacated. Md. Abdus Samad J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 103. ......scharged. Stay granted earlier by this Court at the time of issuance of the Rule is hereby vacated. Md. Abdus Samad J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 103. ..

Category: Criminal Law | Date: | Hits: 108

Md. Aktar Hossain and others Vs. Capital Tower (Pvt.) Ltd. and others, 2008, 37 CLC (HCD)

....der inform the Respondent No.10, Registrar of the same and send him a certified copy of the same. 17. There is no order as to costs. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 265. ...... In that regard, it has to be accepted as a given that notwith­standing the term "oppression" being one understood to be the oppression of the mem­bers of a company, the vary fact of such oppressed members being also directors of a company cannot be readily accepted as a dis­qualifying circumstan......der inform the Respondent No.10, Registrar of the same and send him a certified copy of the same. 17. There is no order as to costs. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 265. ......der inform the Respondent No.10, Registrar of the same and send him a certified copy of the same. 17. There is no order as to costs. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 265. ..

Category: Company Law | Date: | Hits: 177

Pankaj Kumar Roy Vs. River Research Institute, 2006, 35 CLC (HCD)

.... on 13.02.1978. Thereafter, he was promoted by the Board of Directors of the Water Development Board in 1980 as Assistant Technical Officer (A.T.O). Thereafter, he was directly appointed to a class-I post by the Board of Directors of the Water Development Board on 2.3.1982 as Assistant Director, Gra......002 as in Annexure-R are declared to have been made without lawful authority and are of no legal effect. Tariq-ul Hakim J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 258. ......DLR (AD) 108; Indian Constitution in Shyamlal Vs. State of UP, AIR 954 SC 369; State of Bombay Vs. Saubhagchand, AIR 1957 SC 892; Dalip Singh Vs. State of Punjab, AIR 1960 SC 1305; Jagdish Mitter Vs. Union of India, AIR 1964 SC 449; State of UP Vs. Madan Mohan Nagar, AIR 1967 SC 1260; State of UP Vs......002 as in Annexure-R are declared to have been made without lawful authority and are of no legal effect. Tariq-ul Hakim J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 258. ..

Category: Employment/Service Law | Date: | Hits: 166

Azizul Hossain Mondal Vs. State, 2007, 36 CLC (HCD)

....f the ejhar were read over to him and he put his thumb impression thereon. He further deposed that Inspector of police made the inquest report in his presence and sent the dead body to the morgue for post mortem examination. 15. In the cross-examination he deposed that the house of the accused Az......e set at liberty forth­with if not wanted in connection with any other case. Send down the L.C.R. at once. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 241; 13 BLC (HCD) (2008) 565. ......e set at liberty forth­with if not wanted in connection with any other case. Send down the L.C.R. at once. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 241; 13 BLC (HCD) (2008) 565. ......e set at liberty forth­with if not wanted in connection with any other case. Send down the L.C.R. at once. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 241; 13 BLC (HCD) (2008) 565. ..

Category: Criminal Law | Date: | Hits: 108

Jahangir Alam Vs. State, 2004, 33 CLC (HCD)

....trict lodged a First Information Report on 10.8.2002 with the Joydebpur Police Station, Gazipur stating interalia, that his brother Abul Kalam Azad had been working in the Shamim Spinning Mill in the post of a Mechanic since lone. On 8.8.2002 at about 10 P.M. while his said brother was returning hom......s brother then cried out and the accused persons fled away. The neighboring people came forward and rescued his brother in his critical condition. On getting information they (the informant and other members of the family) rushed to the place of occurrence and took his brother to the Gazipur Sadar H......y upheld. Send down the Lower Courts' Records with a copy of this Judgment to the concerned Tribunal for necessary action at once. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 191. ......y upheld. Send down the Lower Courts' Records with a copy of this Judgment to the concerned Tribunal for necessary action at once. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 191. ..

Category: Criminal Law | Date: | Hits: 103

Abdus Salam Vs. Korban Ali and another, 1992, 21 CLC (HCD)

....ent to the Court below immediately and on receipt of the same the lower Court is accordingly directed to inform the parties concerned. Ed. This Case is also Reported in:48 DLR (HCD) (1996) 372. ......ent to the Court below immediately and on receipt of the same the lower Court is accordingly directed to inform the parties concerned. Ed. This Case is also Reported in:48 DLR (HCD) (1996) 372. ......t the plaintiff sought relief for permanent injunction against the opposite parties on the allegations, inter alia, that the plaintiff was appointed Nika Registrar (Kazi) by the Chairman of the Local Union Parishad under section 5(2) of the Muslim Family Laws Ordinance, 1961 (Ordinance 8 of 1961) fo......plaintiff sought relief for permanent injunction against the opposite parties on the allegations, inter alia, that the plaintiff was appointed Nika Registrar (Kazi) by the Chairman of the Local Union Parishad under section 5(2) of the Muslim Family Laws Ordinance, 1961 (Ordinance 8 of 1961) for the ..

Category: Civil Law | Date: | Hits: 112

S.N. Kabir Vs. Mrs. Fatema Begum, 2010, 39 CLC (HCD)

.... In the result, the appeal is dismissed without order as to costs. Send down the lower Court records. M. Enayetur Rahim J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 310. ...... In the result, the appeal is dismissed without order as to costs. Send down the lower Court records. M. Enayetur Rahim J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 310. ...... DLR (AD) 165; Smt., Indira Gandhi V. Rajnarain, AIR 1975 (SC) 2299; Md. Ismail Vs. The State, 21 DLR (SC) 161; Commissioner of Income Tax. Kerala Vs. Tara Agencies, (2007) 6 Supreme Court cases 429; Union of India Vs. Deoki Nandan Aggarwal; Ummida Khan V. Salahuddin Khan, 37 DLR 117; Amalendu Majum...... In the result, the appeal is dismissed without order as to costs. Send down the lower Court records. M. Enayetur Rahim J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 310. ..

Category: Property Law | Date: | Hits: 134

Administrator, Zilla Board Vs. Mukhlesur Rahman, 1983, 12 CLC (HCD)

.... plaintiff Md. Mukhlesur Rahman filed O.C. Suit No.157 of 1974 in the First Court of Munsif, Sadar, Mymensingh for 3 declarations: (1) that the office Memo. dated 09.11.1973 transferring him from his post of Accountant, Works Programme to the post of Assistant Accountant, under District Board, Mymen......fendant-appellant, has raised only one point. He submits that the plaintiff being neither a Government servant nor an employee of a Local Council as defined in the Basic Democracies Order, 1959 nor a member of a definite cadre recognised by any statute he stands in the position of servant in relatio......udge are set aside and the plain­tiff's suit is dismissed without any order as to costs. Let the records be sent back immediately. Ed. This Case is also Reported in: 36 DLR (HCD) (1984) 71. ......udge are set aside and the plain­tiff's suit is dismissed without any order as to costs. Let the records be sent back immediately. Ed. This Case is also Reported in: 36 DLR (HCD) (1984) 71. ..

Category: Employment/Service Law | Date: | Hits: 120

State Vs. Golam Sarwar Hossain Mollah (Absconding), 2011, 40 CLC (HCD)

....tion whereon police came to the place of occurrence and held inquest on the dead body of the deceased. The photo­graphs of the victim was taken in hang­ing condition. On 31.8.2001 after getting the post mortem examination report the F.I.R was lodged. This witness proved the F.I.R as Exhibit-2 and ...... in view of complaint in the U.D. Case he went to the place of occurrence at 1 .00 a.m. at night to see the collapsi­ble gate of the place of occurrence house closed. He called nearby people and the member of the Union Parishad and after breaking the lock of the collapsible gate they entered into t......mplaint in the U.D. Case he went to the place of occurrence at 1 .00 a.m. at night to see the collapsi­ble gate of the place of occurrence house closed. He called nearby people and the member of the Union Parishad and after breaking the lock of the collapsible gate they entered into the house. Afte......t in the U.D. Case he went to the place of occurrence at 1 .00 a.m. at night to see the collapsi­ble gate of the place of occurrence house closed. He called nearby people and the member of the Union Parishad and after breaking the lock of the collapsible gate they entered into the house. After ente..

Category: Criminal Law | Date: | Hits: 97