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Md. Hasanul Islam Hanif @ Galcuta Hanif Vs. State, 2011, 40 CLC (HCD)
....ith any other case. Let the lower Court's record with a copy of this Judgment and order be sent down to the concerned Court at once. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 196....... such other or further order or orders as to this Court may seem fit and proper. 2. The prosecution case, in short, is that on 9.9.2004 the informant along with other D.B. personnel went on petrol duty at Bhashantek area on the basis of G.D. No.622. While on duty, the informant and his companions..Category: Criminal Law | Date: | Hits: 92
Kartick Chandra Mandal & others Vs. State, 2010, 39 CLC (HCD)
....e bail in terms of their respective bail granting order. The Adalat is directed to proceed as per law. Communicate the order at once. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 190. ......of occurrence is directory. We, however consider it indispensable to record that, inspite of the time limit being directory, the law enforcing agency or the Adalat, as the case may be, is under legal duty to comply with the provision of law fixing the time limit as prescribed by law, least to avoid ..Category: Criminal Law | Date: | Hits: 143
S.M. Kamaluddin Vs. Chairman, First Labour Court, Dhaka and others, 2011, 40 CLC (AD)
....e impugned judgment of the High Court Division does not call for any interference by this Division. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 9 ADC (2012) 255.......pondent Nos.2 and 3. Accordingly, writ respondent Nos. 2 and 3 lodged an ejahar giving rise to Tejgaon P.S. Case No.117(1)1996 wherein the petitioner was an accused, although he was on leave from his duty from 29th to 31st January, 1996. Thereafter, on 11.02.1996 the petitioner's service was summari..Category: Labour and Industrial Law | Date: | Hits: 183
Abdul Ali and another Vs. State, 1977, 6 CLC (AD)
....e dishonest acts and misbehavior of the Contractor and the labour Sardars, as will appear from the 'subject matter' as noted at the top of the petition as well as from its content. The allegations of excess exactions and of misbehaviour were exclusively against the Contractor and the labour Sardars......., and for that purpose he was remunerated by commission. Following the dictum by West J. it was held that both Muraduzzaman and his labourers were performing functions under the agreement as a public duty, and that both were public servants and the appellants were discharging function which were imm..Category: Criminal Law | Date: | Hits: 115
Ajufannessa @ Aji Bibi and others Vs. Safar Miah and others, 1977, 6 CLC (AD)
....at the appeal is allowed with costs. The judgment and decree of the High Court it set aside and those of the Courts below are restored. Ed. This Case is also Reported in: 30 DLR (AD) (1978) 41. ......dants chose to challenge the genuineness of the said Dakhilas, the onus shifted on them to prove their assertion. The learned Judges expressed their view in the following manner: "The primary duty to prove these dakhilas for the proof that the Kabuliyat was acted upon is discharged the momen..Category: Property Law | Date: | Hits: 97
Fazlur Rahman Vs. Rajab Ali and others, 1977, 6 CLC (AD)
.... this Court and dispose of the suit according to law. The petition is accordingly disposed of but there shall be no order as to costs. Ed. This Case is also Reported in: 30 DLR (AD) (1978) 30. ......of Jagannath Rac-Dani Vs. Ram Bharosa L.R. 60 I A. 49; 37 C.W.N 321: A LR. 1933: P.C. 33, where the following observation was made- "It has been repeatedly pointed out by this Court that it is the duty of the Courts below to pronounce their opinion on all the important points in an appealable cas..Category: Civil Law | Date: | Hits: 111
....tan for a declaration that the notice asking the appellant to make payment of Rs. 82/26 was without any lawful authority and also for a direction restraining Respondent No. 2 from realising amount in excess Rs. 36/-per year payable under the deed of lease dated 29-6-57. The appellant contended in th......lt, therefore, is that subject to the observation made above, the appeal is dismissed. There shall, however, be no order as to costs.
Ed.
This Case is also Reported in: 30 DLR (AD) (1978) 1.
..
Category: Property Law | Date: | Hits: 114
Shameem Ara and others Vs. Government of Bangladesh and others, 2011, 40 CLC (AD)
....t find any cogent reason to interfere with the impugned judgment of the High Court Division. Accordingly, these petitions are dismissed. Ed. This Case is also Reported in: 9 ADC (2012) 78. ......arged holding that the petitioners have no legal right for automatic absorption in the service of the Jagannath University, which may be enforced and the Jagannath University authority has no legal duty for performance to that effect. 6. Mr. Rafique-ul-Huq, the learned Counsel instructed by M..Category: Employment/Service Law | Date: | Hits: 134
....e.
Accordingly, the Award dated 8-4-2006 is hereby set aside.
There will be no order as to costs.
Ed.
This Case is also Reported in: 15 BLC (HCD) (2010) 20; 14 MLR (HCD) (2009) 441.
......the final award. In my view, the term 'proceeding' includes the final deliberations/discussions that takes place between the members of the Tribunal before an Award is made and signed. Therefore, the duty to act fairly, as envisaged by section 23 of the Act, is not merely confined to the arbitration..
Category: Alternative Dispute Resolution | Date: | Hits: 385
State Vs. Anwar Hossain and others, 2008, 37 CLC (HCD)
.... sentenced to imprisonment for life. The jail appeals are accordingly, disposed of. Send down the lower Court's records at once. Ed. This Case is also Reported in: 15 BLC (HCD) (2010) 1. ...... he went to the place of occurrence. Wazed Ali (PW 2) did not go there before him. 16. PW 5 Sekander stated that he used to serve as a guard of Jurain Bazar. On the date of occurrence he was on duty in the bazar from 7.00 PM. At about 7.45 PM he heard sound of some shots in Karim Steel Factor..Category: Criminal Law | Date: | Hits: 67
Aroj Ali Sarder Vs. State, 1989, 18 CLC (HCD)
.... accused acquitted. The fine already paid by the accused petitioners need be refunded to them. Send down the L.C. records at once. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 306.......sidered carefully. 22. Under the provision of section 155 of the Code of Criminal Procedure when a police officer received information as to the commission of a non-cognizable offence, it is his duty to enter such information and refer the informant to the Magistrate. Under section 155(2) no ..Category: Criminal Law | Date: | Hits: 76
Khairul Bashar (Md.) and 8 others Vs. Collector of Customs and others, 1997, 26 CLC (HCD)
....e goods in question at US Dollar 220 per metric ton, it cannot be said that it was fixed arbitrarily and the notification as well as the law itself are ultra vires of the Constitution on the point of excessive delegation without having any guideline. Since the notification was issued as per the deci...... 3473 of 1992, 1399, 1643, 1680, 1882, 1883, 1931 of 1993, 1321 of 1992, 1360, 1365, 1366, 1516, 1681, and 1405 of 1993. Judgment Kazi Ebadul Hoque J.- In all these Rules assessments of customs duty by the customs authority on the basis of SROs subsequent to the date of opening of Letters of C..Category: Fiscal/Taxation Law | Date: | Hits: 134
Kamal Miah (Md.) alias Nasim Vs. State and another, 1998, 27 CLC (HCD)
....inion that the delay in this case in filing the revisional application may be condoned. In the result, the Rule is made absolute. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 224. ...... is true that the original case is a complaint case and the Government was not a party but in that case the accused was convicted. After conviction, the Government came into picture because it is the duty of the Government to execute verdict of conviction and sentence imposed in any criminal case by..Category: Criminal Law | Date: | Hits: 63
Dr. Professor MA Hadi Vs. Bangladesh and others, 1997, 26 CLC (HCD)
....e the writ petition is discharged on the ground of maintainability we do not think it is necessary to go into the merits of the case. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 218. ....... 2. The facts, as stated in the petition, in short, are that the petitioner is a reputed physician and served in many capacities including as an Urologist in Dhaka Medical College with additional duty of the Principal of the same College. He was elected Dean of the Faculty of Medicine for two Se..Category: Employment/Service Law | Date: | Hits: 120
Raquibuddin Ahmed Vs. SAM Iqbal and another, 1997, 26 CLC (HCD)
....the Chief Metropolitan Magistrate, Dhaka, and the Officer-in-Charge, Ramna Police Station, Dhaka, for information and necessary action. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 209.......ion to the higher post of General Manager are matters which may come up for consideration and decision by the Board upon presentation of all facts and consideration thereof only after his joining his duty as Secretary according to the decree of the trial Court. The decree of the trial Court was for ..Category: Others | Date: | Hits: 142
....release the detenu forthwith if not wanted in connection with any other case.
Let an advance order of release be issued immediately.
Ed.
This Case is also Reported in: 50 DLR (HCD) (1998) 201.......release the detenu forthwith if not wanted in connection with any other case.
Let an advance order of release be issued immediately.
Ed.
This Case is also Reported in: 50 DLR (HCD) (1998) 201...
Category: Criminal Law | Date: | Hits: 76
Bashir Kha Vs. State, 1998, 27 CLC (HCD)
....et aside. The petitioner is acquitted of the charge and also discharged from his bail bonds. Send down the lower Court records at once. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 199....... did not occasion a failure of justice. 4. Under section 332 of the Penal Code, an offence is committed when a person causes hurt to any other person being a public servant in the discharge of his duty as such public servant or with intent to prevent or deter that public servant from discharging ..Category: Criminal Law | Date: | Hits: 58
....on case fails and the Rule is discharged without any order as to costs.
Send down the LC records, at once.
Ed.
This Case is also Reported in: 50 DLR (HCD) (1998) 55; 50 DLR (HCD) (1998) 193.
..........................................(10)
When a pre-emptor is coming to the Court to exercise his right of pre-emption, which is essentially a predatory right, after a long lapse of time, a heavy duty is cast upon him to prove his alleged knowledge about the impugned transfer by most convincing ..
Category: Property Law | Date: | Hits: 78
....e Court of Munsif, Savar in Dhaka is hereby decreed. There shall be no order as to costs.
Send down the lower Court records at once.
Ed.
This Case is also Reported in: 50 DLR (HCD) (1998) 186.......s in lawful possession therein. But before a property is treated as a vested property particularly on the basis of a VP Case started long after the lifting of emergency on 16th February, 1969 a heavy duty is cast upon the authority concerned to satisfy itself that the recorded tenant migrated to Ind..
Category: Property Law | Date: | Hits: 111
Syed Masud Ali and others Vs. Md. Asmatullah and others, 1978, 7 CLC (AD)
....first schedule land of the plain if the plaintiff so desires to proceed. In the circumstances of the case, we make no order as to costs. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 249.......ce shall enrolled within three months from the date of the commencement of the Ordinance and waqf created after that date, within three months of the creation of the waqf. Section 48 prescribes the duty of the Administrator to maintain the register of waqf which shall contain the particulars conta..Category: Trust/Waqf Law | Date: | Hits: 136
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