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....he respondent under suspension. It is true that an order of suspension is not a punishment but from the admitted facts, we find it difficult to come to the conclusion that the High Court Division has wrongly exercised its discretionary powers. What is more, as noticed by the High Court Division, the......from the date of order of suspension. In view of the above, we find no merit in this petition. Accordingly, the petition is dismissed.
Ed.
This Case is also Reported in: 20 BLT (AD) (2012) 239.
......ition. Accordingly, the petition is dismissed.
Ed.
This Case is also Reported in: 20 BLT (AD) (2012) 239.
......from the date of order of suspension. In view of the above, we find no merit in this petition. Accordingly, the petition is dismissed.
Ed.
This Case is also Reported in: 20 BLT (AD) (2012) 239.
..
Category: Employment/Service Law | Date: | Hits: 251
Ishaque Mia (Md.) & another Vs. Abdul Mazid Mollah & others, 1995, 24 CLC (HCD)
.... multiplicity of suit and further litigation concerning them. In the result, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 465. ......after the case was transferred in the Court of Upazila Munsif, Upazila Moladi and the same was re‑numbered as Tide Suit No.197 of 1985. 3. Case of the plaintiff petitioners was that the original recorded tenant of SA Khatian No.97 and 98 totalling 4.18 acres of land were Kali Charan Somadder, B......s discharged without any order as to costs. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 465. ...... multiplicity of suit and further litigation concerning them. In the result, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 465. ..Category: Civil Law | Date: | Hits: 130
Md. Nafaruddin Mollah Vs. Md. Serajuddin Khan & Others, 2007, 36 CLC (AD)
....roduced by the Chairman of the Village Court supported the suit of the defendant as to the suit land was of "Peer's Dagabari" and to that extent without applying judicial mind the High Court Division wrongly made the Rule absolute because of the facts based on belief or disbelief of the witnesses an......d not more than 2.30 acres of land. 4. The defendant Nos.1 and 2-4 contested the suit by filing separate written statement alleging, inter alia, that in the C.S. and S.A. Khatian the suit land was recorded as "Peer's Dargabari" and the same was used for religious purpose. The plaintiff by suppres......dismissed without any order as to costs. Ed. This Case is also Reported in: 20 BLT (AD) (2012) 164. ......ce with the impugned judgment. In the result, the application has no merit and accordingly dismissed without any order as to costs. Ed. This Case is also Reported in: 20 BLT (AD) (2012) 164. ..Category: Property Law | Date: | Hits: 116
Abdus Salam Vs. Md. Ustar and another, 1982, 11 CLC (HCD)
....ge 1124). In the result this rule fails and it is accordingly discharged without any order as to cost. The stay order is vacated. Ed. This Case is also Reported in:35 DLR (HCD) (1983) 65. ......he pre-emptee petitioner and several others for pre-emption under section 96 of the State Acquisition and Tenancy Act alleging, that they were co-sharers of the holding and that their names have been recorded in the khatian. They further alleged that the opposite party No.7 (in the pre-emption case)......der is vacated. Ed. This Case is also Reported in:35 DLR (HCD) (1983) 65. ......titioner and several others for pre-emption under section 96 of the State Acquisition and Tenancy Act alleging, that they were co-sharers of the holding and that their names have been recorded in the khatian. They further alleged that the opposite party No.7 (in the pre-emption case) got the case la..Category: Property Law | Date: | Hits: 113
Mahatab Hossain (Md) Vs. Upazila Nirbahi Officer and others, 2006, 35 CLC (HCD)
....g under the direct control of the Upazila Nirbahi Officer who will be functioning as the appointing authority. For the aforesaid reasons we find that the order dated 25-1-1994 (Annexure-C) was issued wrongly under the Government Servants (Discipline and Appeal) Rules, 1985 though the dismissal ord......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. ...... 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. ......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. ..Category: Employment/Service Law | Date: | Hits: 180
....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:
......the matter, that review is not allowed on a new ground which was not urged during the hearing of the original matter and that review can not be equated with revision or appeal.
61. For the reasons recorded above, we remain convinced that none of these nugatory factors can dent the instant applica......ve 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)
....acked. Once the fact constituting premeditation by the accused to kill Siraj is absent in the evidence of the prosecution witnesses, the operation of section 34 of the Penal Code appears to have been wrongly applied. It is argued by Mr. Shahid, the learned Deputy Attorney‑General, that there was a......s saw the occurrence and Siraj was taken out of the water. He became unconscious and was taken to Chandina Hospital for treatment wherein doctor declared him dead. On receiving the information police recorded a diary and came to the hospital and made inquest of the dead body. Thereafter on the follo......tion 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
Amiren Nessa and another Vs. Harun Mia and others, 1982, 11 CLC (HCD)
....d circumstances of the case we direct the parties to bear their respective costs up to this stage. Amin-Ur-Rahman Khan J.- I agree. Ed. This Case is also Reported in: 35 DLR (HCD) (1983) 11.......the basis of inheritance. The learned Subordinate Judge noticed the entries in the record of right and held that the plaintiff and defendant No.1 were heirs of Akram Ali and as such their claims were recorded in the khatian of the 1st schedule land which belonged to Akram Ali. He further held that t......Ur-Rahman Khan J.- I agree. Ed. This Case is also Reported in: 35 DLR (HCD) (1983) 11.......eritance. The learned Subordinate Judge noticed the entries in the record of right and held that the plaintiff and defendant No.1 were heirs of Akram Ali and as such their claims were recorded in the khatian of the 1st schedule land which belonged to Akram Ali. He further held that the entry in the ..Category: Property Law | Date: | Hits: 93
Asgar Ali Mia and others Vs. Bangladesh and others, 2010, 39 CLC (HCD)
....mn 2 of the said RS Khatian, present address of the recordees is written as “ভারত পক্ষে বাংলাদেশ সরকার”. The said RS Khatian was prepared and published wrongly. It is stated that at the time of preparation of the said RS Khatian, the plaintiff Nos.2 an......ts submitted by the plaintiffs, the defendant No.3 informed them that the suit land was never included in the censor list and the same is not leased out to anyone, but in the RS Khatian the lands are recorded as vested property. 6. It has also been stated that recently the plaintiffs came to know......s at once. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 37....... (F) of 2004 is disposed of accordingly. However, there will be no order as to costs. Sent down the lower Court's records at once. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 37...Category: Property Law | Date: | Hits: 147
Ayezuddin Sheikh & others Vs. Abdul Karim Sheikh & others, 1989, 18 CLC (HCD)
....cedure and as such appealable. On perusal of the impugned order of the learned Munsif and the relevant provisions of law, it is clear that the said order was not at all appealable, but the appeal was wrongly filed by the defendant/opposite parties and entertained by the learned Subordinate Judge. It......oncerned. In the facts and circumstance of the case, there will be no order as to costs. Let the records be sent down immediately. Ed. This Case is also Reported in: 42 DLR (HCD) (1990) 154. ...... Ed. This Case is also Reported in: 42 DLR (HCD) (1990) 154. ......oncerned. In the facts and circumstance of the case, there will be no order as to costs. Let the records be sent down immediately. Ed. This Case is also Reported in: 42 DLR (HCD) (1990) 154. ..Category: Procedural Law | Date: | Hits: 174
Abdus Sukur Mia Vs. State, 1994, 23 CLC (HCD)
....dvocate for the appellant further submits that the P.Ws. are not at all independent and disinterested and further there are material contradictions in their evidences but the learned Special Tribunal wrongly relied upon them and most illegally and improperly convicted and punished the accused appell......e my life by giving Taka 3000.00 then he had told this to the father of the victim who had paid her that amount by selling his land. He alleged that what he had stated before the Daroga was not fully recorded. He denied a suggestion that he did not say anything before the Police of what he said now.......ith 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
Tara Mohan Barman Vs. Ananda Mohan Barman & others, 1995, 24 CLC (HCD)
....ively. After death of Darika Nath his only son, the plaintiff acquired the same and is in possession by paying rent to the Government. In the SA khatian names of Girish Chandra and Sukomon Singh were wrongly recorded with the name of plaintiff. Plaintiff then filed Misc. Case 69/70 for correction of......s Darika Nath and Girish Chandra. They each inherited 4 annas share. Chandra Nath died leaving only son Sukmon Singh who inherited the entire 8 annas share of his father. The CS khatian was correctly recorded accordingly in the name of Darika Nath, Girish Chandra and Sukmon. Darika Nath died leaving...... Altafur Rahman, Advocate ‑ For the Opposite Parties. Civil Revision No.556 of 1988 (Rangpur) Civil Revision No.7765 of 1991 (Dhaka) Judgment Abu Sayeed Ahammed J.- Rule was issued against the Judgment and decree dated 27.8.88 passed by the District Judge, Thakurgaon in OC Appeal 23 ......h died leaving two sons Darika Nath and Girish Chandra. They each inherited 4 annas share. Chandra Nath died leaving only son Sukmon Singh who inherited the entire 8 annas share of his father. The CS khatian was correctly recorded accordingly in the name of Darika Nath, Girish Chandra and Sukmon. Da..Category: Property Law | Date: | Hits: 123
Satya Ranjan Sarda Vs. State, 1989, 18 CLC (HCD)
.... be quashed. In the result, the Rule is made absolute and the proceedings of Special Tribunal Case No.2 of 1989 is hereby quashed. Ed. This Case is also Reported in:42 DLR (HCD) (1990) 142. ......d, which is not before him in due course, under section 435 of the Code of Criminal Procedure upon the application filed by the informant, particularly when the order for discharge has already been recorded by the learned Magistrate before whom the matter was placed after the submission of the rep......oceedings of Special Tribunal Case No.2 of 1989 is hereby quashed. Ed. This Case is also Reported in:42 DLR (HCD) (1990) 142. ...... be quashed. In the result, the Rule is made absolute and the proceedings of Special Tribunal Case No.2 of 1989 is hereby quashed. Ed. This Case is also Reported in:42 DLR (HCD) (1990) 142. ..Category: Criminal Law | Date: | Hits: 103
Dr. S.M. Abu Taher and Others Vs. State, 1989, 18 CLC (HCD)
.... without any authority or instruction whatsoever and as such the submission of the learned Advocate that in the present case there being no authority or instruction for such revival the Court acted wrongly and illegally in reviving the case has no substance. It is to be kept in mind that the Publi....... The Sessions Judge Tangail is further directed to proceed with the case in accordance with law at once without any further delay. Ed. This Case is also Reported in: 42 DLR (HCD) (1990) 138. ......ed with the case in accordance with law at once without any further delay. Ed. This Case is also Reported in: 42 DLR (HCD) (1990) 138. ....... The Sessions Judge Tangail is further directed to proceed with the case in accordance with law at once without any further delay. Ed. This Case is also Reported in: 42 DLR (HCD) (1990) 138. ..Category: Procedural Law | Date: | Hits: 143
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. ......e of witness Abdur Rafiq and Md. Rasel seized the weapon and made a seizure list. 3. On the basis of the said First Information Report Lalbagh Police Station Case No.14(5) 2001 dated 12-5-2001 was recorded under section 19A and 19(f) of the Arms Act, 1878 corresponding to GR No.1167 of 2001 (Sout......f 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
Md. Nurul Islam Vs. Nur Ayesha Begum, 2007, 36 CLC (HCD)
.... above provision of law the wife is entitled to her whole of the dower if the consummation of the marriage has taken place. In this case 2 sons were born during their wedlock. So the trial Court wrongly opined that wife is entitled only of her prompt dower for which he committed error in law re......'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. ...... and decree passed by the appellate Court is upheld with modification. Lawyers Involved: No one appears. Civil Revision No.1293 of 1996. Judgment SM Emdadul J.- The Rule was issued calling upon the opposite parties to show cause as to why the judgment and decree dated 4-11-1995 passed......'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)
....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.......rding to her admission she could not be treated as a child and the provisions of Children Act are not applicable in her case. As she herself admitted that her date of birth is 27‑3‑1973 which was recorded in her passport also, we are of the view that this suo motu Rule has become infructuous and......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)
....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. ......0. The deed was registered in the office of Sub-registrar, Araihazar being deed No.2946; the registration of the deed was complete as per the provision of the Registration Act, the same having been recorded in book No.1, volume No.36. Before transfer, the seller opposite party No.4 did not give ......ajority decision without any order as to costs. Ed. This Case is also Reported in:64 DLR (AD) (2012) 133. ......is based on non-application of judicial mind, inasmuch as, the Court of appeal below while deciding the point defect of parties has considered both oral and documentary evidence, particularly the khatians and came to the conclusion that the heirs of Elahi Box are admitted co-sharers. The Court..Category: Property Law | Date: | Hits: 138
Assistant General Manager, Rupali Bank, Barisal & others Vs. Nazrul Islam Miah, 1986, 15 CLC (HCD)
.... in contravention of the rule of disciplinary action, illegally terminated the service of the plaintiff. 8. The next contention of the learned Advocates for the petitioner is that the Courts below wrongly held that defendant No.1 had no authority to terminate file services of the plaintiff oppo......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. ......without any order as to costs. Ed. This Case is also Reported in: 39 DLR (HCD) (1987) 167. ......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)
.... a copy of this Judgment be forwarded to the learned Additional Sessions Judge Brahmanbaria, for action in accordance with law. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 305. ......ere missing since the night following 5‑9‑89 and on search they could not be traced out. On the basis of that information, Brahmanbaria Police Station GD Enter No.266 dated 7‑9‑89 (Ext 8) was recorded. In view of the said OD Entry P.W.27 SI Shudhendu Bhattacharji visited the house of Biraja ...... Additional Sessions Judge Brahmanbaria, for action in accordance with law. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 305. ...... a copy of this Judgment be forwarded to the learned Additional Sessions Judge Brahmanbaria, for action in accordance with law. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 305. ..Category: Criminal Law | Date: | Hits: 139
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