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Bakshu Mia Vs. Govt.of Bangladesh and others, 1977, 6 CLC (AD)
....nal or the High Court which calls for an interference. For the reasons, the appeal is dismissed, but we make no orders as to costs. Ed. This Case is also Reported in: 30 DLR (AD) (1978) 228. ......drawal from prosecution is not absolute under this section and the tender of pardon will not operate as a bar to prosecution, if the public prosecutor certifies that the pardoned accused has not made full discharge of facts or given false evidence as a witness. 8. Section 248 of the Code says tha......nferred by the Code on a Court of Sessions exercising original jurisdiction, and a person conducting prosecution before such Special Tribunal shall be deemed to be a public prosecutor." The language of the section is plain. It says that the provisions of the Code shall apply to cases triable un..Category: Criminal Law | Date: | Hits: 99
Sheikh Hasina Vs. Bangladesh, 2010, 39 CLC (HCD)
.... of Corruption Act 1947, is set aside, so far as the same relates to the instant Petitioner only. There is no order on cost. Borhanuddin J.- I agree. Ed. This Case is also Reported in: ......tion of any direction of law prescribing the mode in which such trust is to be discharged, or of any legal contract, express or implied, which he has made touching the discharge of such trust, or willfully suffers any other person to do so. There is no allegation that the Petitioner harbored any ......n Choudhury J Borhanuddin J Sheikh Hasina, Former Prime Minister and Chairman, ECNEC, Government of Bangladesh, daughter of the Father of the Nation, Late Bangabandhu Sheikh Mujibur Rahman, Village and Upazilla: Tungipara, District-Gopalganj, Presently at Sudha Sadan, House No.54, Road No.5, D..Category: Criminal Law | Date: | Hits: 133
Category: Others | Date: | Hits: 154
Alhaj Md. Chowdhury Alam and others Vs. Md. Nasiruddin Shah and others, 2004, 33 CLC (AD)
.... above, we do not find any substance in the submission of the learned Counsel for the petitioner. The petition is, accordingly, dismissed. Ed. This Case is also Reported in: ......nt of a competent linenal descendent as a Mutwalli of the Waqf Estate, the 6 Member Committee constituted by the Administrator of the Waqf is illegal, malafide and without jurisdiction in presence of full, capable and competent members of the Waqf family for appointment as a Mutwalli out of them. ......he Managing Committee of Hazrat Malek Pir Yamani (R) Nazar Waqf Estate (E.C. No.11276) stating, inter alia, that Hazrat Malek Shah Pir Yameni (R) Mazar Waqf Estate (E.C. No.11276) has been run and managed by members of writ petitioner's family since its creation. The first Mutwalli of the said Waqf ..Category: Trust/Waqf Law | Date: | Hits: 148
Abul Kashem and another Vs. Begum Khodeja Akhtar & others, 1979, 8 CLC (AD)
....t and decree under appeal are set aside; and the case is remanded back to the lower appellate Court for disposal in accordance with law. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 316.......vour of the same Moizuddin on 21.4.68 for the same land. On payment of the balance amount of Tk. 4,000/- to the Vendor Sonaullah the sale deed was executed, and registered on 5.9.68 by Sonaullah on full satisfaction. 4. The defendant's further case was that on 27.5.68 when the sale deed was e......t and decree under appeal are set aside; and the case is remanded back to the lower appellate Court for disposal in accordance with law. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 316...Category: Property Law | Date: | Hits: 79
Christian Service Society (CSS) Vs. First Labour Court, Chittagong and others, 2008, 37 CLC (HCD)
....itted illegality in deciding the case beyond its jurisdiction. Accordingly, the Rule is made absolute without any order as to cost. Ed. This Case is also Reported in: 63 DLR (HD) (2011) 125. ......Chairman, DIT Vs. Chairman Labour Court, 34 DLR (AD) 37. 15. In the case of Chairman DIT, the respondent No.2 filed an application under section 34 of the IRO, claiming subsistence allowance and full wages. The Labour Court allowed his prayer holding that the Dhaka Improvement Trust (the DIT ......e petitioner is also involved in business, and trade, which was not denied by the petitioner in this writ petition or in the submission. But the petitioner's contention is that the petitioner is engaged in that trade solely for the purpose of charitable activates which does not include profit ma..Category: Labour and Industrial Law | Date: | Hits: 201
Bangladesh Bank and another Vs. Sukamal Sinha Choudhury and another, 2011, 40 CLC (AD)
....ted earlier be extended till disposal of the appeal. This interim order shall not effect in any way retirement benefit of the respondent. Ed. This Case is also Reported in: 9 ADC (2012) 218.......ons; "Private interest of employees of public undertaking cannot override public interest and an effort has to be made to harmonize the two considerations. No scheme governing service matter can be full (sic) proof and some sections or the other of employees is bound to feel aggrieved on the sco......espondent No.1 filed the above mentioned writ petition impugning the Administrative Circular No.10 dated 30.04.2005 issued by the respondent No.3 making policy for promotion to the post of General Manager. 3. The writ petitioner's case, as stated in the writ petition, is that the writ petitioner ..Category: Employment/Service Law | Date: | Hits: 211
Category: Property Law | Date: | Hits: 113
S. M. Basiruddin Vs. Zahurul Islam Chowdhury and another, 1982, 11 CLC (AD)
....e appeal is allowed with cost, the orders allowing preemption are set aside and the application for pre-emption is dismissed. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 230. ......ging the two distinct interests, that is, of Akshoy and Rangubaia on one side and that of Ayesha Khatun on the other hand; and, according to the learned Advocate, Ayesha Khatun attained the status of full tenant on upgradation and ceased to be a co-sharer-tenant of successor-in-interest of Akshoy ......rent payable at time the record-of-rights is being prepared, as well as the rent determined as fair and equitable according to rules 28-30; (g) the amount payable in respect of any rights of pasturage, forest-rights, rights ever fisheries and the like at the time the record-of-rights is being pre..Category: Property Law | Date: | Hits: 85
Md. Rejaul Haque @ Ezaul Vs. State, 2011, 40 CLC (HCD)
....ed in any other case. Send down the Lower Court Records along with a copy of this judgment and order at once. Md. Afzal Hossain Ahmed J. - I agree. Ed. This Case is also Reported in: ......nesses disproof the prosecution case however, from the evidence of P.W.1, 2 and 12 as discussed’ above who are the police personnel it crystal clear that evidence of those prosecution witnesses are full of discrepancies and inconsistencies which are unworthy of credit, the discrepancies in the tes......ed in any other case. Send down the Lower Court Records along with a copy of this judgment and order at once. Md. Afzal Hossain Ahmed J. - I agree. Ed. This Case is also Reported in: ..Category: Criminal Law | Date: | Hits: 95
Zillul Haq and others Vs. Maloti Bala Dey & others, 1998, 27 CLC (HCD)
.... for his perusal and necessary action. The order of stay earlier granted by this Court stands vacated. Send down the LCR at once. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 367.......urther contended that the suit land was the self-acquired property of Binod Bihari Das. The land of Khatian Nos. 399 and 445 was the ancestral property of the said Binode Bihari Das who had two other full-brothers, namely, Birendre Kumar Das and Bimala Charan Das and the three brothers jointly owned...... for his perusal and necessary action. The order of stay earlier granted by this Court stands vacated. Send down the LCR at once. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 367...Category: Property Law | Date: | Hits: 88
Halima Jaman and other Vs. Government of Bangladesh, 1998, 27 CLC (HCD)
.... 1 of the CPC. We find no merit in this application for review. The Rule is accordingly discharged without any order as to costs. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 352. ...... 1 of the CPC. We find no merit in this application for review. The Rule is accordingly discharged without any order as to costs. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 352. ......rmanitola (now deceased), who has known Abdus Satter Solaiman very well, that Abdus Satter Solaiman, while residing at 108/12, Nasirabad Federal ‘B’ Area, Karachi, had died a natural death at the age of 70 years, and had been buried on the same day in Yasinabad graveyard and upon receipt of this..Category: Property Law | Date: | Hits: 89
Mayurer Nessa and others Vs. Julekha Khatoon and others, 1994, 23 CLC (HCD)
....ees of the Courts below are modified and the suit is decreed in part in preliminary form in terms of compromise petition dated 4.3.1964. Ed. This case is also Reported in: 47 DLR (HCD) (1995) 26.......ees of the Courts below are modified and the suit is decreed in part in preliminary form in terms of compromise petition dated 4.3.1964. Ed. This case is also Reported in: 47 DLR (HCD) (1995) 26....... defendant Nos. 1‑19, and defendant Nos. 20‑23 are purchasers from the said defendants. Plaintiffs claimed partition on the ground that there was no partition by metes and bounds and taking advantage of wrong entry regarding possession in the CS khatian the defendants had been disturbing their p..Category: Procedural Law | Date: | Hits: 85
Santosh Kumar Paul Vs. Nuruddin Ansari, 1993, 22 CLC (HCD)
....ate Court is set aside and that of the trial Court is upheld in part with the above term. Let the records be sent down expeditiously. Ed. This Case is also Reported in: 47 DLR (HCD) (1995) 70.......those are being disposed of by the following one judgment. 2. The trial Court decreed both the suits in part but the lower appellate Court decreed the suit of the present plaintiff‑respondent in full allowing specific performance of the contract and dismissing the other suit of the present appe......ring the liberation war of Bangladesh when the Pak Army advanced to Rajbari on 21.7.71 and the Beharis started looting and arson here and there the plaintiff-appellant left his house at Laxmi Kon Village within Rajbari PS and moved here and there at different places for their safety; that in the 1st..Category: Procedural Law | Date: | Hits: 129
Lt. Cdr (Retd) AHM Mahmud Vs. Masud Ahmed, 2010, 39 CLC (HCD)
.... the petitioner within 3(three) months from receipt of a copy of this judgment. Let a copy of this judgment be communicated at once. Ed. This Case is also Reported in: 63 DLR (HD) (2011) 149. ......anspires, the contemnor No.1 finally decided to accept the petitioner's joining letter backdated to 19-11-2007, which was the date of his second letter of joining. But again the contemnor failed to fully implement the judgment and order of the High Court Division and the Appellate Division. The pe...... facts of the case relevant for disposal of this Rule, in brief, are that the petitioner, Lt. Cdr. (Retd.) AHM Mahmud retired from the Bangladesh Navy on 17-9-1988 and was appointed as the General Manager (GM) of Mimi Chocolate Limited, a unit of the BFFWT by appointment letter under memo No.100/2/T..Category: Employment/Service Law | Date: | Hits: 156
Abul Hasnat Md. Belal Vs. Md. Alauddin and others, 2008, 37 CLC (HCD)
....tands vacated. Office is directed to communicate the order at once with a copy of the judgment for information and necessary action. Ed. This Case is also Reported in: 63 DLR (HD) (2011) 141.......s been held: "Since all rules of the Court are intended to secure the proper administration of justice, it is essential that they should be made to serve and be subordinate to that purpose so that full powers of amendment may be enjoyed and, as such, it should always be liberally exercised. The...... his contentions, the learned Counsel refers the case of Md. Emdadduddin Sk Vs. Atiqur Rahman reported in 1989 BLD 253 =42 DLR 416 wherein it has been held: "The principle applies as between two stages of the same litigation to this extent that a Court having at an earlier stage decided a matte..Category: Procedural Law | Date: | Hits: 90
Ataur Rahman (Md.) Vs. Bangladesh and others, 2010, 39 CLC (HCD)
....is still in seisin of the matter. Consequently, the prayer for certificate is rejected. Ed. This Case is also Reported in:62 DLR (HCD) (2010) 329; 30 BLD (HCD) (2010) 154. ......Judges' Association, the current Warrant of Precedence in India has not been amended as yet and it appears that the decision rendered in that case by the Indian Supreme Court is yet to be implemented fully. 35. Mr. Abdur Rab Chaudhury next submits that the impugned Warrant of Precedence can......be implemented fully. 35. Mr. Abdur Rab Chaudhury next submits that the impugned Warrant of Precedence cannot be assailed in that it is predicated upon international practices, customs and usages. 36. Mr. Md. Nazrul Islam Talukder, the learned Deputy Attorney-General appearing for ..Category: Constitutional Law | Date: | Hits: 270
Bazlur Rahman (Md.) Vs. Government of the People's Republic of Bangladesh, 2009, 38 CLC (HCD)
....from the date of receipt of the Judgment and order. Communicate the order at once. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 360; 18 BLT (HCD) (2010) 279. ......from the date of receipt of the Judgment and order. Communicate the order at once. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 360; 18 BLT (HCD) (2010) 279. ......Martyrs of the War of Liberation and to provide assistance for their livelihood and rehabilitation. 3. In exercise of power under PO No.94 of 1972 the Board of Trustees in charge with the management of the trust, promulgated Bangladesh (Freedom Fighters) Welfare Trust Regulation in 1984 in ..Category: Others | Date: | Hits: 149
American Life Insurance Company Vs. Dacca Poura Shaba and others, 1978, 7 CLC (AD)
....s to costs. Order of the Court. In accordance with the view of the majority, we allow this appeal without any order as to costs. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 276.......rnment has wide overriding powers over the Municipality and has also the power to give direction which the Municipality is bound to carry out and in the matter of levy of tax the Government has the full control over the Municipality, and as such when a decision of the Commissioner being the Contro......ing rate at the rate of 3%; and (3) conservancy rate at the rate of 2%. The Municipality reduced the annual valuation to Rs. 3,88,825/- at the instance of the Appellant but did not reduced percentage of the levy. The Appellant filed an appeal before the Divisional Commissioner who is also the Co..Category: Fiscal/Taxation Law | Date: | Hits: 156
Category: Employment/Service Law | Date: | Hits: 107