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Government of the People's Republic of Bangladesh Vs. Md. Khorshed Ali Talukder, 2012, 41 CLC (AD)
....el Hossain CJ Surendra Kumar Sinha J Md. Abdul Wahhab Miah J Nazmun Ara Sultana J Syed Mahmud Hossain J Muhammad Imman Ali J Md. Shamsul Huda J Government of the People's Republic of Bangladesh presented by the Secretary, Ministry of Agriculture and others.....................the departmental proceeding against this petitioner afresh by appointing the enquiry officer/Board of Enquiry in accordance with the rules. Ed. This Case is also Reported in: 9 ADC (2012) 407. ..Category: Administrative Law | Date: | Hits: 263
Md. Hasanul Islam Hanif @ Galcuta Hanif Vs. State, 2011, 40 CLC (HCD)
....n case to prove the recovery of arms and bullet from the exclusive control and possession of the petitioner but that evidence was not supported and corroborated either by seizure list witnesses or by public witnesses in whose presence the arms and bullet were recovered. It is true that in view of se......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...Category: Criminal Law | Date: | Hits: 92
A.K. Azad Vs. Fakruddin and another, 2009, 38 CLC (HCD)
.... is discharged without any order as to costs. The order of injunction granted at the time of issuance of the Rule is hereby vacated. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 135....... is discharged without any order as to costs. The order of injunction granted at the time of issuance of the Rule is hereby vacated. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 135...Category: Property Law | Date: | Hits: 85
Shahidul Alam VS. Government of Bangladesh and others, 1994, 23 CLC (HCD)
....m, Deputy Attorney General - For the Respondents. Writ Petition No. 1898 of 1994. Judgment Mohammad Asaduzzaman J. -This Rule under Article 102(2)(b)(i) of the Constitution of the People's Republic of Bangladesh was issued on 31.10.94 at the instance of one Shahidul Alam, son of late Md. Se......ey General prays for stay operation of the above order so as to enable them to move before the Appellate Division. The prayer is refused. Ed. This case is also Reported in: 47 DLR (AD) (1995) 15...Category: Criminal Law | Date: | Hits: 200
Abdul Ali and another Vs. State, 1977, 6 CLC (AD)
....y learned brother K. Hossain J. K. Hossain J.—The question involved in this appeal it whether the High Court Division is justified in holding that the labourer under a Government contractor is a public servant within the meaning of S.21 of the Penal Code. 2. It appears that a criminal procee......e with the judgment of brother K. Hossain J. Order of the Court In view of the opinion of the majority the appeal is dismissed. Ed. This Case is also Reported in: 30 DLR (AD) (1978) 58. ..Category: Criminal Law | Date: | Hits: 115
....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.
......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.
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Category: Property Law | Date: | Hits: 114
Shameem Ara and others Vs. Government of Bangladesh and others, 2011, 40 CLC (AD)
....ers Vs. Minister for the Civil Service, 1985 (AC) 374, where the House of Lords had observed:- "Legitimate or reasonable expectation may arise either from an express promise given on behalf of a public authority or from the existence of a regular practice which the claimant can reasonably expec......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. ..Category: Employment/Service Law | Date: | Hits: 134
State Vs. Jahangir Mallik, 2008, 37 CLC (HCD)
....nd credible evidence. 16. A judge does not preside over a Criminal trial merely to see that no innocent person is punished. A Judge also presides to see that a guilty man does not escape. Both are public duties. A judge is to sift grain out of chaff. Therefore, he cannot afford any favour other t......onment for life and pay a fine of Taka 5000 in default to suffer rigorous imprisonment for 6(six) months. Send down the LCR at once. Ed. This Case is also Reported in: 15 BLC (HCD) (2010) 67. ..Category: Criminal Law | Date: | Hits: 87
....) 60.......edure.
In view of foregoing narrative, the application is rejected summarily.
Office is directed to communicate the order at once.
Ed.
This Case is also Reported in: 15 BLC (HCD) (2010) 60...
Category: Property Law | Date: | Hits: 73
Baby Masum & another Vs. Bangladesh Film Development Corporation, 2009, 38 CLC (HCD)
....ng to the complaint itself, the FDC after several notices, issued the final notice under section 32 of the Film Development Corporation Act, 1957. This section empowers the FDC to realise its dues as public demand in the certificate process under the Public Demands Recovery Act 1913. 22. It is st...... Magistrate, Dhaka is hereby quashed. Send a copy of this judgment to the learned Chief Metropolitan Magistrate, Dhaka immediately. Ed. This Case is also Reported in: 15 BLC (HCD) (2010) 29. ..Category: Criminal Law | Date: | Hits: 95
....18), 301; European Grain Vs. Johnston, Lloyd's Law Reports (1982) Vol 2, 551; Dewan Singh Vs. Champat Singh, AIR 1970 SC 967; SL Kapoor Vs. Jagmohan, AIR 1981 SC 136; Klockner lndustries Vs. United Republic of Cameroon, (1986) XI Yearbook of Commercial Arbitration, 161; Nand Ram Vs. Fakir Chand, ILR......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.
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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. ...... 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. ..Category: Criminal Law | Date: | Hits: 67
Aroj Ali Sarder Vs. State, 1989, 18 CLC (HCD)
....he learned Sessions Judge failed to consider that the occurrence took place after sunset if at all it happened and in a jute field, surrounded by grown jute plants and this place being not visible to public and in the facts and circumstances of the case, even if the prosecution allegation of embraci...... 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...Category: Criminal Law | Date: | Hits: 76
....submits that the government sealed the main entrance of the factory premises including the godown as part of its lawful obligation to obey the order of status-quo passed by the High Court Division in public interest and that the High Court Division failed to consider the same in passing the impugned......he Rule.
Accordingly, we find no substance in this petition, which is accordingly dismissed with the observations made in the body of the judgment.
Ed.
This Case is also Reported in:
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Category: Civil Law | Date: | Hits: 131
Engineer A. B. Siddique Vs. Kazi Akramuddin and others, 2011, 40 CLC (AD)
....e then submits that the High Court Division erred in law in having failed to take notice of the fact that the right to property, as guaranteed under Article 42 of the Constitution of the People’s Republic of Bangladesh, is subject to reasonable restrictions imposed by law and that the Government h......paration of paper book is dispensed with as prayed for. The order of status quo granted earlier be extended till disposal of the appeal. Ed. This Case is also Reported in: 9 ADC (2012) 279...Category: Property Law | Date: | Hits: 79
....uring the period from 1983 to 2005 in different development projects. The initial projects of the writ petitioners had ended long time back but their services had never been terminated. Rather for “public interests” they were required to work and the writ petitioners have been continuously disch......g been made on proper appreciation of laws and facts do not call for interference.
Accordingly, all the leave-petitions are dismissed.
Ed.
This Case is also Reported in: 9 ADC (2012) 174.
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Category: Others | Date: | Hits: 172
Bashir Kha Vs. State, 1998, 27 CLC (HCD)
....e appellate Court held that this defect 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 dete......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...Category: Criminal Law | Date: | Hits: 58
....zens whose consequent engagements against the Government is protracted costly and oppressive litigations do not eventually serve any useful purpose either for the Government or for the members of the public the only beneficiaries being some capricious officials and the paraphernalia.
19. When cha......y died as a childless widower at his native village Kakabo PS Savar District Dhaka leaving the plain as his only heir to succeed him and since then he has been owning and possessing the suit property peacefully on payment of rent to the Government Acquired Estate. The plaintiffs further case is that..
Category: Property Law | Date: | Hits: 111
Khodeja Begum & others Vs. Md. Sadeq Sarkar, 1994, 23 CLC (HCD)
....ladesh the Constitution of the country was framed and in Article 7 sub-Article 2 it is expressed that this Constitution is as the solemn expression of the will of the people, the supreme law of the Republic and if any other law is inconsistent with this Constitution that other law shall, to the exte......ted in paragraphs 2 and 3 of the supplementary affidavit that the petitioner No.1 was married with Md. Delwar Molla son of Late Abdul Kader Molla on 28.9.1984 and since then they are living happy and peaceful conjugal life and they have got 6(six) children namely Helana Akter, Kazal Begum, Khaleda B..Category: Family Law | Date: | Hits: 185
New Dacca Industries Ltd. Vs. Quamrul Huda & others, 1979, 8 CLC (AD)
.... Crown. Its servants are not civil servants, and its property is not Crown property, and it is as much bound by Acts of Parliament as any other subject of the king. It was, however, found that it was public authority, and its purposes are public purposes but it is not a government department nor doe......ons stated above we allow this appeal without any order as to costs. The judgment of the High Court is set aside and the writ re-called. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 234...Category: Employment/Service Law | Date: | Hits: 104
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