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AKM Mazharul Haq Chowdhury Vs. Bangladesh and others, 2010, 39 CLC (HCD)

....directed to reinstate the petitioner in service within 30 days of receipt of copy of this judgment with back wages and other benefits. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 274. ......directed to reinstate the petitioner in service within 30 days of receipt of copy of this judgment with back wages and other benefits. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 274. ......rnment of Bangladesh, 57 DLR 100; Bangladesh Biman Corporation Vs. Government of Bangladesh, 2000 BLD (AD) 230=5 BLC (AD) 169; Mazharul Huq (Capt.) Vs. Bangladesh Biman Corporation, 13 MLR (AD) 2008 page 1=60 DLR (AD) 21; Mofizur Rahman Khan Vs. Government of Bangladesh, 34 DLR (AD) 321; Farzand Ali..

Category: Employment/Service Law | Date: | Hits: 157

Abdul Khaleque Vs. Court of Settlement and others, 1991, 20 CLC (HCD)

....lawful authority and the same are 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: 44 DLR (HCD) (1992) 273........1962 and possession of the said property was also delivered in his favour. He made structures thereon and continued to live there permanently. He also paid rent, taxes and the consideration money in full and got a receipt of clearance certificate on 7.4.79. It is alleged by the petitioner that he w......ued a clearance certificate to that effect on 7.4.78. The petitioner asserts that while he was in peaceful possession of the demised holding in question he was evicted by some miscreants taking advantage of the lawless condition of the country prevailing in 1972. The petitioner filed an application ..

Category: Property Law | Date: | Hits: 90

Rustom Ali (Md.) Matubbar alias Alam Vs. Mohammad Salahuddin and another, 1998, 50 CLC (HCD)

....the Rule is devoid of substance and the same, thus, fails. In the result, the Rule is discharged. Order of stay stands vacated. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 301. ......e of process of any such Court, or otherwise to secure the ends of justice. The power to quash a proceeding under this section being in its nature extraordinary, it should be exercised sparingly, carefully and only where such exercise is justified to prevent the abuse of the process of the Court and...... any rigid rule in governing the exercise of power under inherent jurisdiction. A consideration justifying the exercise of inherent power varies from case to case. The jurisdiction ought not to be engaged within the strait jacket of a rigid formula. If the criminal proceeding in question is in respe..

Category: Criminal Law | Date: | Hits: 112

Nuru Miah and others Vs. State, 2011, 40 CLC (HCD)

.... 16(sixteen) years released from the Jail immediate­ly, if not wanted in any other case. Send down the lower Court record at once. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 242....... মেরে ফেলেছে।” 22. Hearing the said fact he went to the house of Shahid Master and saw the dead body of Shahid Master. He also stated that accused-Hashem and Shahajahan are full brothers. In the month of May, 1989, accused Hashem disclosed them that they had theft two cows......d 100 yards away from his own house. The Informant's neighbours Makhan Miah and Dhanu Miah also accompanied him. Entering into the house of Shahid Miah, the informant found his nephew, Shahid Master, aged 40 years, died from bullet inju­ries. He noticed bullet wounds having been inflicted on the ri..

Category: Criminal Law | Date: | Hits: 112

Abdul Jalil & other Vs. Islami Bank Bangla­desh Ltd. and others, 2011, 40 CLC (AD)

....th the impugned judgment of the High Court Division. In the result, the appeal is dismissed on contest without any order as to costs. Ed. This Case is also Reported in: 64 DLR (AD) (2012) 107.......ourt and the appellate Court were affirmed by the Appellate Division in Civil Petition for Leave to Appeal No.412 of 1998. In the judgment of the Civil Petition for Leave to Appeal No.412 of 1998 the full Bench of this Division clearly observed, "We have ourselves gone through the evidence pro­duce......inding of the Appellate Division proves sufficiently that the defendant by practicing fraud upon the Court made the Court believe that the CS Plot No.371 measured only 0.0090 acre of land and thus managed the judg­ment in their favour with the finding that they pur­chased the entire land of the CS..

Category: Procedural Law | Date: | Hits: 108

Major (Retd.) M Khairuzzaman Vs. State, 1997, 26 CLC (HCD)

....tioner in the Dhaka Central Jail as under-trial prisoner in connection with Lalbagh PS Case No.11(11)75 till the disposal of that case. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 283.......tioner in the Dhaka Central Jail as under-trial prisoner in connection with Lalbagh PS Case No.11(11)75 till the disposal of that case. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 283.......n II under-trials. (3) Under-trial prisoners both male and female, shall be strictly segregated from convicted prisoners, and arrangements shall be made, where male under-trial prisoners under the age of 21 are confined, for separating them altogether from other prisoners and for separating those..

Category: Criminal Law | Date: | Hits: 105

Salma Islam Vs. Parveen Banu & others, 1997, 26 CLC (HCD)

....sult, the appeal is dismissed without any order as to costs. The connected Civil Rule No. 208(f) of 1985 is accordingly disposed of. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 280.......o clause 23 of the standard lease agreement of DIT at page 222 of the paper book, part-II which reads as under: "23. That subject to provisions of Clause 22 of these presents the LESSEE may, after full payment of the total premium has been made and after completing the construction of the ground ...... for determination is whether the cases complained of and in relation to which the plaintiff-appellant filed the instant suit for compensation are frivolous and vexatious civil proceedings causing damage to her reputation, person, freedom or property. In other words, it is important to find out whet..

Category: Property Law | Date: | Hits: 144

Monjurur Rahman (Md.) Vs. Dr. Naimur Rahman, 1998, 27 CLC (HCD)

....t, the appeal is dismissed. The Judgment and decree passed by the Court below is upheld. Parties are directed to bear their own cost. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 266. ......is own fund. After the gift, defendant No.2 also made some improvements at a cost of Taka 43,000.00 for construction of one bed room, two bath rooms, one dressing room, one store room, one pantry and fully covering the varandha with iron grills. Defendant No.2 also spent Taka 10,000.00 for construct......e two brothers coming from their joint business, namely, two tea gardens named Rema Tea Company and Sahabajpur Tea Company and a Jute Mills named Pubali Jute Mills Ltd., that these businesses were managed jointly by brothers. It was further agreed that after completion of the construction of the hou..

Category: Property Law | Date: | Hits: 109

Niranjan Malaker & another Vs. State, 2009, 38 CLC (HCD)

....erty forthwith if not required to be detained in any other connection. Send down the LCR with a copy of this Judgment at once. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 387. ......d High Court in Tara Vs. King Emperor (AIR 1924 All 72). The facts of the case were that the accused was told by a person in authority that if he made a voluntary confession which if considered to be full and true then his payer for being made an approver would receive due consideration. The confess......ppreciation of facts and evidence, the prosecution version as narrated in the first information report (FIR) is depicted as under: 3. On 12-8-1998 at about 11-00 PM Makhon Chandra Das, 40 years of age, husband of the informant Dipti Rani Das went out of home for guarding his paddy land near his h..

Category: Criminal Law | Date: | Hits: 75

Mahboob Uddin Ahmed Vs. Bangladesh Election Commissioner, and others, 1998, 27 CLC (HCD)

....pondent No.1 Bangladesh Election Commission at once addressing it to the Chief Election Commissioner, Bangladesh Election Commission. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 417. ......tatement (Annexure-B). 6. The Tribunal again fixed 7-6-98 for ex party disposal of the petition. It is complained by the petitioner that the respondent No.1 Bangladesh Election Commission, knowing fully well that the Election Case is pending before the Tribunal, issued Election Schedule for holdi......er Article 123(4) of the Constitution. Chapter V of the President’s Order 155 of 1972 starting with Article 49 and ending with Article 72 deals with election dispute and provide law for different stages of Parliamentary Election. Therefore these provisions are required to be read with Article 125 ..

Category: Election Law | Date: | Hits: 162

Syed Wali Mohammad Salehuddin, 1990, 19 CLC (HCD)

....further order as to costs. The assistance given by Mr. Ahmed Nurur Reza and Mr. Saidur Rahman at the time of hearing is appreciated. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 268.......ecurities mentioned or referred to in section 20, and from time to time vary any such investments for others of the same nature". Section 65 of the Trust Act provides that: where a trustee wrongfully sells and otherwise transfers such property and afterwards himself becomes the owner of the pr......il such time as a son is born to or shall be adopted by the son of the Testator or wife of Testator's son Annurudha. If there is only one son, such residue shall be made over to him on completing the age of 21 years and if more sons than one, then to such sons of Annurudha, in equal shares and this ..

Category: Trust/Waqf Law | Date: | Hits: 166

M.A. Mannan Vs. Biman Bangladesh Air Lines, 1989, 18 CLC (HCD)

.... impugned order, namely, Annexure-G is hereby declared to have been passed without any lawful authority and to be of no legal effect. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 318. ...... impugned order, namely, Annexure-G is hereby declared to have been passed without any lawful authority and to be of no legal effect. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 318. ......s Rule Nisi obtained under Article 102 of the Constitution of the People's Republic of Bangladesh calls upon the respondent to show cause as to why the order dated 19.10.87 signed by the Assistant Manager (Personnel) of the respondent-Corporation should not be declared to have been made without any ..

Category: Employment/Service Law | Date: | Hits: 225

Sazedur Rahman (Md.) Vs. Secretary, Ministry of Establishment, 1998, 27 CLC (HCD)

....is discharged without any order as to cost. The operation of this Judgment be stayed for a period of 15 (fifteen) days from today. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 407. ......etitioner further claims that he is entitled to get promotion in preference to respondent No.4, the other Deputy Director, as he has been holding the post of Director for the last six months with the full satisfaction of all concerned. There is no adverse remark against him and he was never informed......gainst him and he was never informed about any such adverse remark. So he has acquired a right to be promoted to the post of Director. The respondent No.4, by exercising extra legal influence, had managed to get the promotion in preference to the petitioner. 6. It is also stated that apart from h..

Category: Administrative Law | Date: | Hits: 326

Monorajan Saha and another Vs. Farida Khatun and others, 2010, 39 CLC (HCD)

....ipt of copy of this judgment after notifying the parties as per law. Send copy of the judgment to the Courts below expeditiously. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 239. ......he impugned judgment is quit in-adherence to the relevant provi­sion of law and decision of our Superior Court. I have gone through the judgment referred to by Mr. Aleem and I find that those are in full agreement with the facts and circumstance of the present case before me as well as the submissi......ipt of copy of this judgment after notifying the parties as per law. Send copy of the judgment to the Courts below expeditiously. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 239. ..

Category: Procedural Law | Date: | Hits: 88

Aftabuddin (Md.) Vs. State and others, 2010, 39 CLC (HCD)

....s Republic of Bangladesh, guaranteeing some fundamental rights to each citizen of the country. Whereas, the provisions made in section 199 of the Code of Criminal Procedure, not only tend to reduce a woman to the status of a chattel in the hands of her husband or other person, but renders an unequal......y to the Law Commission, Old High Court Bhaban. Communicate the order at once to the Court concerned for information and compliance. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 235.......ormant got herself married with one Mr. Zakir Hossain, the accused No.1 and is living with him; that the accused No.3 has actively aided in these activities, that the accused No.2 even after her marriage cohabited with said Ekramul Kabir in his hotel suit on 16-9-2000. 3. On receipt of the said N..

Category: Criminal Law | Date: | Hits: 79

Abdul Kader and another Vs. Abdul Aziz having died his heirs; (1) Musammat Masuda Begum and others, 1994, 23 CLC (HCD)

.... In the result, the Rule is discharged without any order as to costs. The stay order earlier passed by this Court is hereby vacated. Ed. This case is also Reported in: 47 DLR (HCD) (1995) 67. ...... after 5 years but within 10 years of the execution on refund of the consideration money of Taka 4000.00. This PW I also stated that because of his acquaintance with the defendant Abdul Kadir and his full trust in him he did not have the agreement registered. PW 2 Fazlur Rahman is a scribe. He depos......possess, and to enjoy the usufruct of such holding or portion or share shall, notwithstanding anything contained in the document relating to the transfer, be deemed to be a complete usufructuary mortgage for a period not exceeding 7 years and the provisions of sub‑section (2) of section 95 shall a..

Category: Property Law | Date: | Hits: 78

Abdul Hye Tafader Vs. Md. Monir Hossain Patwary and others, 2009, 38 CLC (HCD)

....ed. The order of stay granted at the time of issuance of the Rule is hereby vacated. Send down the lower Court records at once. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 426. ......iff joined the defendant School on 8-8-1966 and in his application he stated his date of birth was 3-1-1945 as supported by an affidavit dated 3-7-1963 and that he served the school for 36 years with full satisfaction of the authority and the defendants having accepted his date of birth as 3-1-1945 ......aging Committee as teacher representative for certain terms, where it was shown that the plaintiff should be able to serve up to 18-1-2005 as, according to existing Rule. A teacher can serve upto the age of 60 years; that the petitioner was elected in the Managing Committee for a few terms and while..

Category: Employment/Service Law | Date: | Hits: 158

State Vs. Azam Reza, 2008, 37 CLC (HCD)

....cation to the effect that the accused is sentenced to imprisonment for life. Send down the lower Court's records at once. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 399.   ...... murder case and also recorded under section 164 of the Code of Criminal Procedure by the magistrate supported the defence version that the deceased committed suicide by hanging. Those witnesses were fully aware of what actually happened and as such they are material witnesses. Due to non-examinatio......n case, in short, is that deceased Joyanti Munshi, daughter of informant Lusil Sadekin, was an Architect and Senior Teacher of Australian International School at Gulshan, Dhaka. On 10-3-2000 her marriage with accused Azaur Reza was solemnized. After marriage they had a happy conjugal life for 3 ½ y..

Category: Criminal Law | Date: | Hits: 114

Naimuddin Molla and others Vs. Ibrahim Molla and others, 2008, 37 CLC (HCD)

.... However, there shall be no order as to costs. Let a copy of the Judgment along with LCR be sent down to the Courts below at once. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 369. ......to the 2nd count of argument of the defendant-respondent-petitioner, Mr. Sisir Kanti Majumder argued, on behalf of the plaintiff-appellant-opposite party, that since the plaintiff by the P.Ws. successfully proved the execution of the Bainapatra by the defendant No.1 onus probandi was shifted to the ......impugned Judgments, the materials on record, specially the Bainapatra and the evidence as adduced by the parties. I have also considered the arguments advanced at the Bar. 20. At this revisional stage the defendant respondent-petitioner has assailed the impugned Bainapatra and the impounding of t..

Category: Procedural Law | Date: | Hits: 120

Hefzur Rahman (Md) Vs. Shamsun Nahar Begum and another, 1995, 24 CLC (HCD)

....Commentary" by Abdullah Yusuf Ali.) "Where a man divorces his wife, her subsistence and lodging are incumbent upon him during the term of her edit ..................... Maintenance is not due to a woman after her husband's decease... 'Hedaya', translated by Charles Hamilton, Book IV, Chapter X...... Taka. 1000.00 each per month from the defendant-petitioner Md. Hefzur Rahman till respectively she remarries and he attains majority. Ed. This Case is also Reported in: 47 DLR (HCD) (1995) 54. ......, Part Second, Book II, Chapter VII, Section Sixth, Pp. 169‑170. 8. Quran is the text book of Islam, It is the Words of God revealed to the last Prophet Mohammad (peace be on him) in Arabic language from time to time during the period of twenty three years of his last part of life. The word 'Qu..

Category: Family Law | Date: | Hits: 528