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Md. Anowarul Islam Vs. State, 2009, 38 CLC (AD)

.... decision and there is no illegality or infirmity in the above decision so as to call for any interference. The petition is dismissed. Ed. This Case is also Reported in: 20 BLT (AD) (2012) 82....... decision and there is no illegality or infirmity in the above decision so as to call for any interference. The petition is dismissed. Ed. This Case is also Reported in: 20 BLT (AD) (2012) 82....... decision and there is no illegality or infirmity in the above decision so as to call for any interference. The petition is dismissed. Ed. This Case is also Reported in: 20 BLT (AD) (2012) 82....... decision and there is no illegality or infirmity in the above decision so as to call for any interference. The petition is dismissed. Ed. This Case is also Reported in: 20 BLT (AD) (2012) 82...

Category: Criminal Law | Date: | Hits: 146

Mazharul Haque Vs. Bulk Management (Bangla­desh) Ltd. and others, 1996, 25 CLC (HCD)

.... present petition for winding up. The present application is therefore not admitted. It is rejected without any order as to costs. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 453. ......iability of the contributory shall create a debt payable at the time specified in the calls made on him by the liquidator." 14. Section 235 provides liability of contributories of present and past members. It provides that (1) In the event of a company being wound up, every present and past membe...... present petition for winding up. The present application is therefore not admitted. It is rejected without any order as to costs. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 453. ...... present petition for winding up. The present application is therefore not admitted. It is rejected without any order as to costs. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 453. ..

Category: Company Law | Date: | Hits: 185

Mahatab Hossain (Md) Vs. Upazila Nirbahi Officer and others, 2006, 35 CLC (HCD)

....ated 28-4-1988 issued by the Chairman, Upazila Parishad, Pirganj, Rangpur (Annexure A) with effect from 12-4-1988 as per resolution No. 3 dated 11-4-1988 of the said Parishad. Before joining the said post the petitioner was in the service of Mithapukur Upazila as driver and resigned from the said po...... an enquiry another second show cause notice was issued upon the petitioner under Bidhi 54 of the aforesaid Bidhimala, 1989 on 24-8-1998. The petitioner filed written explanation. Then, another three-member Enquiry Committee was constituted by Memo No. 1149 dated 14-12-1998 to enquire into the mat­......of the receipt of a copy of this judgment in accordance with law. Communicate a copy of the judgment to the concerned authority at once. Ed. This Case is also Reported in: 59 DLR (2007) 157. ......e of no legal effect for having failed to conclude the proceeding drawn against the petitioner within 180 days from the date of service of charge-sheet as contemplated under Rule 58(8) of the Upazila Parishad Karmachari Chakuri Bidhimala, 1989 and/or such other or further order or orders passed as t..

Category: Employment/Service Law | Date: | Hits: 180

Dr. Md. Alamgir Vs. Vice Chancellor, BUET and others, 2001, 30 CLC (HCD)

....llor, Bangladesh University of Engineering and Technology (BUET) and another to show cause as to why they should not be directed for finalisation of selection and appointment of the petitioner to the post of Assistant Professor in the Department of Civil Engineering, BUET, as recommended by the Sele......tition and the supplementary affidavit with annexures and submits that the petitioner being a highly qualified person topped the list of the successful candidates but the respondent Nos.3 and 4 being members of the Department of Civil Engineering of the University itself, obviously manipulated the a......l not make any order as regards the ad-hoc appointments of the respondent Nos. 3 and 4. In the result, this Rule is made absolute in part. Ed. This Case is also Reported in: 53 DLR (2001) 398.......l not make any order as regards the ad-hoc appointments of the respondent Nos. 3 and 4. In the result, this Rule is made absolute in part. Ed. This Case is also Reported in: 53 DLR (2001) 398...

Category: Employment/Service Law | Date: | Hits: 160

Mohammad Ismail Vs. Bangladesh, 2010, 39 CLC (HCD)

.... issued under the signature of Senior Assistant Secretary, Ministry of Local Government, Rural Development and Co-operative, Government of the People’s Republic of Bangladesh, declaring vacant, the post of Panel Mayor-i, Mohammad Ismail of Teknaf Paurashava (Annexure-K) should not be declared to h......ed order, due to the vacant post, Panel Mayor-2 has also been given financial power under the Regulation No. 11(10) of Poursahva Rules, 1999. The Teknaf Pourashava as appropriate authority i.e. the 9 member of the Pourashava by no confidence motion, after observing legal formalities, by a resolution......acts. In the result, the Rule is discharged without however any order as to costs. The status-quo order granted in this Rule stands vacated. This Case is also Reported in: 30 BLD (HCD) 2010, 360.......acts. In the result, the Rule is discharged without however any order as to costs. The status-quo order granted in this Rule stands vacated. This Case is also Reported in: 30 BLD (HCD) 2010, 360...

Category: Others | Date: | Hits: 136

AKM Mozammel Huq Vs. Chancellor of the National University, represented by the Secretary, Ministry of Education, Bangladesh Secretariat, Dhaka and others, 2011, 40 CLC (HCD)

....ment bearing No.01 (740) NU/Admn./2004/1/2946 dated 04.01.2004, which was published in the ‘Daily Sangbad’ on 05.01.2004. It would be seen from the said advertisement that though 30 categories of posts were mentioned nothing was mentioned as to how many persons would be recruited from each categ......ds to achieve an object other than that for which he believes the power to have been conferred. For example, a local authority committee would exercise in bad faith it’s power to exclude interested members of the public if it deliberately chose to hold the meeting in a small room. The intention ma......d from 17th November, 2003 to 31st August 2004, and remove them from the employment of National University without delay”. Gobinda Chandra Tagore J. - I agree This Case is also Reported in: ......d from 17th November, 2003 to 31st August 2004, and remove them from the employment of National University without delay”. Gobinda Chandra Tagore J. - I agree This Case is also Reported in: ..

Category: Administrative Law | Date: | Hits: 371

Abdul Khaleque and others Vs. State, 1996, 25 CLC (HCD)

....made the GD entry being OD entry number 905 dated 27‑6‑91, went to the hospital, saw the dead body of deceased Siraj, made inquest report of the dead body and sent the dead body to the morgue for postmortem examination. He visited the place of occurrence, prepared the sketch map and index thereo......y‑General, that there was a concerted action by the accused party as such the operation of section 34 can be said to be applied very rightly but the prosecution evidence do not suggest that all the members of the accused party were present in the tea-stall of Sultan Chowdhury or at the time when t......t at liberty forthwith if not wanted in connection with any other case. Accused appellant Shava Mia is discharged from his bailbond. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 446. ......t at liberty forthwith if not wanted in connection with any other case. Accused appellant Shava Mia is discharged from his bailbond. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 446. ..

Category: Criminal Law | Date: | Hits: 117

Monwar Ali Vs. Dhaka Club Ltd. & others, 1996, 25 CLC (HCD)

....28.2.96 is hereby vacated. No order as to­ costs. The office is directed to send a copy of this order to the trial Court at once. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 492. ......ssed on 7‑10‑95 by the Assistant Judge, Dhaka. 2. The petitioner Monwar Ali claims that he is a permanent Member of the Dhaka Club for the last 15 years and he has been illegally expelled from membership of the club by a letter dated 26.7.95. So he has filed the suit for a declaration that th......28.2.96 is hereby vacated. No order as to­ costs. The office is directed to send a copy of this order to the trial Court at once. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 492. ......28.2.96 is hereby vacated. No order as to­ costs. The office is directed to send a copy of this order to the trial Court at once. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 492. ..

Category: Civil Law | Date: | Hits: 110

Abul Hashim (Md.) Vs. Election Commission of Bangladesh, 1995, 24 CLC (HCD)

....ight of the petitioner also. There is no merit in the writ petition. Accordingly, the petition is rejected summarily. No cost. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 490. ......ight of the petitioner also. There is no merit in the writ petition. Accordingly, the petition is rejected summarily. No cost. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 490. ......etitioner challenges the order of the delimitation of constituency passed on 22‑5‑95 by the Election Commission delimiting the territorial constituency of Dhaka purporting to take away Harirampur Union from territorial constituency 184, Dhaka‑5 and including it within territorial constituency ......o take away Harirampur Union from territorial constituency 184, Dhaka‑5 and including it within territorial constituency 190, Dhaka‑ 11. 2. The petitioner is a Chairman of the Harirampur Union Parishad. He states that previously the Union after creation of Uttara Thana was within previous ter..

Category: Election Law | Date: | Hits: 271

Shahryar Murshed and others Vs. Principal, Chittagong Medical College and others, 1994, 23 CLC (HCD)

....the Academic Council and Discipline Board. Section 38 of the Chittagong University Act has made a provision, for setting up a Discipline Board as may be prescribed by the Ordinance. Section 44 (d) postulates that the matters relating to discipline, the students of the University and College and ...... any lawful authority and, as such, is of no legal effect. The Rules are accordingly made absolute without any order as to costs. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 482. ...... AZM Mahfuzur Rahman, a student of 4th year, MBBS of Chittagong Medical College bearing Roll No.147 Session 1988-89. He was a former Social Service Secretary of Chittagong Medical College Students Union. Since his boyhood he developed a taste for literature and cultural affairs and was a regula...... any lawful authority and, as such, is of no legal effect. The Rules are accordingly made absolute without any order as to costs. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 482. ..

Category: Others | Date: | Hits: 168

Abdus Sukur Mia Vs. State, 1994, 23 CLC (HCD)

.... presence of witnesses and found injuries on her body which created a doubt about the cause of the death of the victim. He therefore sent the dead body of the victim to the Barguna Sadar hospital for post mortem examination and report and meanwhile tried to find out the real cause of the death of th...... the occurrence. He stated that he also filed a petition at Dhaka as his case was not earlier taken by the police. He stated that one Golam Haider was a distant relation and one Abut Kalam Azad was a member and his 'Chhacha Shashur.' He stated that he was not agreeable with the marriage of his daugh......gly ordered. The appeal is thus dismissed with the above modification of sentence only. Send down the records of the case at once. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 228. ......gly ordered. The appeal is thus dismissed with the above modification of sentence only. Send down the records of the case at once. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 228. ..

Category: Criminal Law | Date: | Hits: 135

Delwar Hossain (Md.) Vs. State, 2009, 38 CLC (HCD)

....istry of Homes Affairs and Inspector General of Police for future guideline with regard to the investigation. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 32; 30 BLD (HCD) (2010) 490. ......all the said witnesses were in a same team and, as such, they all had some common interest in the case. Informant, P.W.7, Mahabubur Rahman and the Investigating Officer P.W.8, Md. Abdur Rouf were the member of the self same team. Like such situation, for fair and impartial investigation it is not de......istry of Homes Affairs and Inspector General of Police for future guideline with regard to the investigation. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 32; 30 BLD (HCD) (2010) 490. ......istry of Homes Affairs and Inspector General of Police for future guideline with regard to the investigation. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 32; 30 BLD (HCD) (2010) 490. ..

Category: Criminal Law | Date: | Hits: 128

Rajshahi Girls' High School, Rajshahi and others Vs. Md. Abdul Mannan, 1995, 24 CLC (HCD)

....in the Rajshahi Girls High School he was serving as an Assistant Teacher of another Girls' High School since 14 years and that his conduct was not ever questioned; that after joining in the aforesaid post, the concerned authority after being impressed by his performances, nominated him as convener o......opposite party No.1 has failed to prove his case on merits and, as such, the suit is dismissed. There will be no order as to cost. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 472. ......opposite party No.1 has failed to prove his case on merits and, as such, the suit is dismissed. There will be no order as to cost. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 472. ......opposite party No.1 has failed to prove his case on merits and, as such, the suit is dismissed. There will be no order as to cost. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 472. ..

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

Md. Nurul Islam Vs. Nur Ayesha Begum, 2007, 36 CLC (HCD)

.... to him, 'O Asim! Suppose a man saw another man with his wife, would he kill him whereupon you would kill him; or what should he do? Please, 'O Asim, ask about this on my behalf." Asim asked Allah's Apostle about it. Allah's Apostle disliked that question and considered it disgraceful. What Asim hea......'s records at once along with a copy of this judgment to the Courts below for information and necessary action. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 10; 7 LG (HCD) (2010) 300. ......is wife Nur Aysha Begum by an affidavit which was authenticated by Thana Magistrate, Patia, Chittagong on 25-5-1992. And according to evidence on record it appears that he filed a petition before the Union Conciliation Council to take 2nd wife and both the parties were present in the said salish whi......'s records at once along with a copy of this judgment to the Courts below for information and necessary action. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 10; 7 LG (HCD) (2010) 300. ..

Category: Family Law | Date: | Hits: 202

Eliadah McCord Vs. State, 1995, 24 CLC (HCD)

....rt, is that on 25‑2‑92 at 20‑10 PM accused Eliadah McCord went to Zia International Airport for boarding the Flight No.BA‑144 of the British Airways while she was passing through the checking post metallic doors, there was a sound of carrying some objectionable goods. The security persons st......the ticket and passport were with Mr. Tonny and Tonny insisted her to carry it for her sponsor Mr. Walter. Mr. Mostafa submits that there was no previous history that she was a habitual smuggler or a member of the gang of traffickers. She was a college student. She came to Bangladesh with help of a ......icated to the Ambassador of the United States of America in Bangladesh having his office at Baridhara, Gulshan, Dhaka, for information. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 495.......icated to the Ambassador of the United States of America in Bangladesh having his office at Baridhara, Gulshan, Dhaka, for information. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 495...

Category: Criminal Law | Date: | Hits: 162

Habibur Rahman Bhuiyan (Md.) and others Vs. Galman Begum and others, 2011, 40 CLC (AD)

....plication along with other land left by them, but he killed time on this or that plea. After the marriage of the pre-emptor in May, 1977, she had to stay with her hus­band at different places of his posting and whenever she used to come to her husband's house, she requested the seller-opposite parr...... is no scope for raising the question of defect of parties on account of non-joinder of necessary parties, for the first time in revision." 15. In Abdur Rashid Barker's case [58 DLR (AD) 159], two member Bench of this Division notice the earlier cases including the case of Abdus Samad and observe......my learned brother Surendra Kumar Sinha J. Courts Order The appeal is allowed by majority decision without any order as to costs. Ed. This Case is also Reported in:64 DLR (AD) (2012) 133. ......my learned brother Surendra Kumar Sinha J. Courts Order The appeal is allowed by majority decision without any order as to costs. Ed. This Case is also Reported in:64 DLR (AD) (2012) 133. ..

Category: Property Law | Date: | Hits: 138

Assistant General Manager, Rupali Bank, Barisal & others Vs. Nazrul Islam Miah, 1986, 15 CLC (HCD)

....out jurisdiction, mala fide and not binding upon them. There was also a prayer or mandatory injunction directing the petitioner to allow the plaintiff-opposite parties to continue in their respective posts in the Bank. 3. The admitted facts of the case are that the plaintiff opposite-party Nos.1-......erfere with the impugned Judgment and decree of the Courts below. Accordingly, the rule is discharged without any order as to costs. Ed. This Case is also Reported in: 39 DLR (HCD) (1987) 167. ......nk and they were posted in different branches of Rupali Bank at Barisal and that they were office­ bearers of the Barisai Zonal Unit of Rupali Bank Karmachari Sangstha which was a Regis­tered Trade Union Organization. All the employees of the Bank in pursuance of a resolution take by their Karmach......erfere with the impugned Judgment and decree of the Courts below. Accordingly, the rule is discharged without any order as to costs. Ed. This Case is also Reported in: 39 DLR (HCD) (1987) 167. ..

Category: Labour and Industrial Law | Date: | Hits: 186

State Vs. Tajul Islam and 8 others, 1992, 21 CLC (HCD)

....ath (2 years) were recovered. The investigating officer held the inquest over the dead bodies of those six deceased on the identification of P.Ws. 1 and 2 and sent the same to Brahmanbaria morgue for post‑mortem examination. P.W.16 Dr. Kamalesh Chandra Bhowmick held post‑mortern examinations on ......the written statements filed on 29‑5‑90 by 10 confessing accused and accused Ali Azam is, that they had been falsely implicated is this case at the instance of the Chairman P.W.18 Abul Hashem and/member P.W.1 Dhan Mia as the accused persons opposed the election of P.W.18 Abul Hashem and supporte......ce and all these 24 appeals have been heard together and this Judgment would govern all of them. 3. The case of the prosecution, in short, is, that P.W.18 Md. Abul Hashem, Chairman of Horoshpur Union Parishad, lodged an information at Brahmanbaria Police Station on 7‑9‑89 stating that Bira...... all these 24 appeals have been heard together and this Judgment would govern all of them. 3. The case of the prosecution, in short, is, that P.W.18 Md. Abul Hashem, Chairman of Horoshpur Union Parishad, lodged an information at Brahmanbaria Police Station on 7‑9‑89 stating that Biraja Ran..

Category: Criminal Law | Date: | Hits: 139

Dilu alias Delwar Hossain Vs. State, represented by the Deputy Commissioner, Barisal, 1996, 25 CLC (HCD)

....rim bail to the petitioner is recalled and he is directed to surrender before the Magistrate by 19‑6‑96. Send down the LCR at once. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 529.......ing of that case. 2. The case started after filing of an ejahar by one Md. Shamsuddin Sardar with the Mehendigonj PS alleging that accused Babul, Dilu, Badsha and Shahin at the instance of Lookman member and Salam Doctor gouged out both the eyes of his nephew Belal Hossain. After investigation, c......rim bail to the petitioner is recalled and he is directed to surrender before the Magistrate by 19‑6‑96. Send down the LCR at once. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 529.......rim bail to the petitioner is recalled and he is directed to surrender before the Magistrate by 19‑6‑96. Send down the LCR at once. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 529...

Category: Procedural Law | Date: | Hits: 131

Azizul Huq (Md.) Vs. Chairman, Labour Court, Khulna and Others, 1996, 25 CLC (HCD)

....t the relief of declaration. 3. It appears that the petitioner was appointed as a clerk in 1967 by the respondent No.2, Company and he worked in that capacity till 1973 when he was promoted to the post of Assistant Supervisor (Field). On 29‑9‑78 he was charge ­sheeted by the management on th......and of no legal effect and respondent No.2 is directed to reinstate the petitioner in his service with 50% back wages within 60 days. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 527. ......and of no legal effect and respondent No.2 is directed to reinstate the petitioner in his service with 50% back wages within 60 days. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 527. ......and of no legal effect and respondent No.2 is directed to reinstate the petitioner in his service with 50% back wages within 60 days. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 527. ..

Category: Labour and Industrial Law | Date: | Hits: 162