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Shahryar Murshed and others Vs. Principal, Chittagong Medical College and others, 1994, 23 CLC (HCD)
.... [Writ Petition No. 2195 of 1993] Vs. Principal, Chittagong Medical College and others.....................Respondent Judgment May 17, 1994. Result: The Rules are accordingly made absolute. Cases Referred to- Farid Sons Ltd. Vs. Government of Pakistan, 13 DLR (SC) 233; Zakir......ended for ever, it cannot be denied that expulsion for life from the college is the most severe punishment so as to ruin the educational career of students and, therefore great care and caution is called for in taking such a measure. Mr. Zakir Ahmed, the learned Advocate for the petitioner, fina...... 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
Asgar Ali Mia and others Vs. Bangladesh and others, 2010, 39 CLC (HCD)
....as decreed on 13-12-1958 by the learned Sub-Judge, Second Court, Comilla and entered into possession through execution decree dated 21-3-1961 and since then they owned and possessed the land as successors of their predecessors without any hindrance. 4. During possession said Santosh Kumar Roy Cho...... "68. Proof of execution of document required by Law to be attested.- If a document is required by law to be attested, it shall not be used as evidence until one attesting witness at least has been called for purpose of proving its execution, if there be an attesting witness alive, and subject to ...... (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
Tara Mohan Barman Vs. Ananda Mohan Barman & others, 1995, 24 CLC (HCD)
....claration of title brought by the petitioner. 2. Admittedly, the suit land along with other lands belonged to Ghosal Sing and Chandra Singh each having 8 annas share. Ghosal Singh died leaving two sons Darika Nath and Girish Chandra. They each inherited 4 annas share. Chandra Nath died leaving on......n in this suit is that whether actually before the Debt Settlement Board said Girish Chandra and Sukmon made any relinquishment in favour of Darika Nath, even if so, whether on the basis of this so‑called relinquishment, the plaintiff can claim the admitted 12 annas share of Girish and Sukmon in t......tay order granted earlier by this Court is hereby vacated. Send down the records to the Court below at once. No order as to costs. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 226. ..Category: Property Law | Date: | Hits: 123
Mahbuba Wahed Vs. Secretary Ministry of Home Affairs & others, 1989, 18 CLC (HCD)
....buba Wahed………………………Petitioner Vs. Secretary Ministry of Home Affairs & others…………….Opposite Parties Judgment May 24, 1989. Result: The Rule is made absolute. Cases Referred to- Lakshman Khatik Vs. State of West Bengal, 1974 IV Supreme Court Cas......tendent, Dhaka Central Jail forthwith at the cost of the petitioner by Special Messenger for compliance with the order of this Court. Ed. This Case is also Reported in: 42 DLR (HCD) (1990) 153.......ter Line No.136, 137,138. It manifestly shows that the detenu by this means has transferred 43,200 US dolÂlars abroad by adopting unfair means. Thus such activities of the detenu has caused economic loss to the State for which the detention order has been served. 3. An affidavit-in-opposition on..Category: Criminal Law | Date: | Hits: 109
Abdul Ghani Khan Vs. Abdul Rashid Khan & others, 1989, 18 CLC (HCD)
.... Abdul Ghani Khan.....................Petitioner Vs. Abdul Rashid Khan & others .............Opposite Parties Judgment June 22, 1989. Result: The rule is made absolute. Cases Referred to- M/s. A. Haque and Co. & another Vs. Alhaj Zakir Hossain, 40...... agreement between the former Mutwalli and the defendants for payment of rent in yearly installment and in such circumstances when the defendants paid rent in yearly instalment they could not be called defaulters. 5. Against the judgment and decree of the learned Small Cause Court Judge th......ade absolute. The judgment and decree passed by the learned Small Cause Court Judge are set aside and the suit is decreed. Ed. This Case is also Reported in: 42 DLR (HCD) (1990) 147. ..Category: Tenancy Law | Date: | Hits: 214
Satya Ranjan Sarda Vs. State, 1989, 18 CLC (HCD)
....n J Satya Ranjan Sarda………………..Accused Petitioner Vs. The State……………………...............Opposite Party Judgment June 27, 1989. Result: The Rule is made absolute. Cases Referred to- 29 DLR 428; 30 DLR 125; 31 DLR 242-243; Md. Kalu Bhuiya alias Kalu ......n due process by the comÂpetent Court so as to enable him to deal with the same. 8. Mr. Kaiser Uddin Ahmed, the learned DepuÂty Attorney-General for the State, submits that though the record was called for by the Session; Judge under section 435 of the Code of Criminal Procedure, the order taki...... 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
Taslima Begum @ Anguri and another Vs. State, 1989, 18 CLC (HCD)
.... report lodged by one Police Inspector, C.I.D., Dhaka on 19.6.88 in which it is alleged that while investigating Tejgaon P.S. Case No.32 of 1988, the Police Officer received a secret information that some stolen property of the said case is hidden in house No.87/88, Siddique Bazar, Dhaka. The inform......ate that the instant proceeding is wholly without jurisdiction as the investigation was not completed within the specified time as contemplated under secÂtion 167 sub-section (5) of the Code, we are called upon to decide as to whether the same provision of the Code is applicable in an investigation......elated to cases, of taking cognizance by a Magistrate are not relevant for our purpose. Thus the application is summarily rejected. Ed. This Case is also Reported in: 42 DLR (HD) (1990) 136. ..Category: Criminal Law | Date: | Hits: 84
Delwar Hossain (Md.) Vs. State, 2009, 38 CLC (HCD)
.... Metropolitan Special Tribunal No.10, Dhaka in Metropolitan Special Tribunal Case No.82 of 2002 convicting him under section 19A and 19(f) of the Arms Act, 1878 and sentencing to suffer rigorous imprisonment for 10 years and 7 years respectively and to run concurrently. 2. Prosecution Case, in sh......sed-persons and he also identified the sketch map prepared by the previous investigating officer. 22. In his cross-examination he stated that he did not apprehend the accused and the informant had called the witnesses after the accused being arrested and they did not make search in presence of th......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
Sheikh Hasina Vs. State & another, 2010, 39 CLC (HCD)
.... Abu Bakar Siddiquee J Sheikh Hasina................Accused-Petitioner Vs. State and another..............Opposite-Parties Judgment May 18, 2010. Result: The rule is made absolute. Cases Referred to- Mustafa Kamal Vs. Commissioner of Customs, 52 DLR (AD) 1; State Vs.......of Tejgaon PS Case No.34(8) 2002, now pending in the Court of Divisional Special Judge, Dhaka is quashed in respect of the petitioner. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 26. ......en before issuance of the work order and accused No.2 on 26-6-1996 recommended purchase of the Frigate. The accused persons acting in collusion with each other and in breach of trust caused financial loss of about Taka 447 crores, more or less. 4. The Bureau of Anti-Corporation withÂout any prop..Category: Criminal Law | Date: | Hits: 106
Rajshahi Girls' High School, Rajshahi and others Vs. Md. Abdul Mannan, 1995, 24 CLC (HCD)
.... Rajshahi Girls' High School, Rajshahi and others..................Petitioners Vs. Md. Abdul Mannan...............Opposite Party Judgment July 16, 1995. Result: The Rule is made absolute. Cases Referred to- 14 DLR (SC) 17, 20 DLR (SC) 79; 31 DLR (AD) 298; State of UP Vs. A......er dated 18‑7‑1985 Exhibit Kha requested the Headmistress to confirm his service and to allow him to take the benefit of provident fund and on receipt of that letter the defendant petitioner No.1 called for a report from the Headmistress of the school and the said report was placed before the ma......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
Dainik Janakantha Vs. Dhaka Sangbadpatra Hawkers Bahumukhi Samabaya Samity, 1997, 26 CLC (HCD)
....han Masud and others................Petitioner Vs. Dhaka Sangbadpatra Hawkers Bahumukhi Samabaya Samity............Opposite Party Judgment June 26, 1996. Result: The Rule is made absolute. Lawyers Involved: M. Amirul Islam, with Subrate Chowdhury and Ali Asgar Swapan, Advoca......e impugned order dated 6‑6‑96 passed by the learned Subordinate Judge, 2nd Court, Dhaka in Title Suit No.118 of 1996 is set aside Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 470. ......ically tried out the whole suit itself. A Court is entitled to do it. There is no doubt about it. But in passing such an order the Court should notice the presence of apparent urgency and irreparable loss and injury to the plaintiff. 10. The meaning of irreparable loss and injury is by now well s..Category: Civil Law | Date: | Hits: 169
Md. Nurul Islam Vs. Nur Ayesha Begum, 2007, 36 CLC (HCD)
....riah. The marriage was registered by kabinnama dated 12-4-1988 and dower was fixed at Taka 80,000 from where defendant paid Taka 21,000 by ornaments at the time of marriage ceremony and they have two sons out of their wedlock. Further case of the plaintiff is that, defendant took a loan of Taka 5,00...... he claims that character of the plaintiff is questionable one and she has illicit connection with his servant Zahidul. According to the defence case husband charged the plaintiff with adultery which called "Lian" and such a case the effectness of divorce is separate from the normal way. It will be ......'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)
....e was issued in Criminal Miscellaneous Case No.2085 of 1995 on 18‑7‑95 directing the secretary, Ministry of Home Affairs, Government of Bangladesh, the Deputy Commissioner, Dhaka, and the DIG (Prison), Dhaka Central Jail, Dhaka, to show cause as to why the detenu Eliadah McCord, now detained in ......section 19(1) of the Narcotics Control Act, 1990. 9. Mr. Mostafa submits, the facts and circumstances of the case go to show that even if she carried the four packets of white powder, she might be called or treated as best as an abettor or helper under section 25 of the Act and not the actual car......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)
..... Surendra Kumar Sinha J. - Pre-emptor is the appellant who seeks pre-emption of a holding claiming as co-sharÂer transferred by the respondent No.2 in favour of Sultan Uddin Bhuiyan, the predecessor of the respondent Nos.1-3. Leave was granted to consider on two points, namely; the defect of pa......pposite party who had been enjoying and possessing the case land along with other land left by her parents to partition the same but he was no giving her due share and eventually a salish baithak was called for the purpose at the house of the seller on 20th March, 1998 wherein he, for the first time......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)
....uit for a declaration that the order of termination of their services passed on 17.09.1981 by the petitioner is illegal, void, withÂout 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...... their services were terminated under the instruction of the higher authority. The termination order being termination simplicities and not a punitive one, the impugned order of termination cannot be called in question in the Civil Court. It was his farther contention that as the plaintiffs did not ......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)
.... Present: Md. Badruzzaman J Md. Ruhul Amin J State…………………………Appellant Vs. Tajul Islam and 8 others……………………………Condemned Prisoners Tajul Islam and others……………………………Accused‑Appellants Vs. ......nsideration of the above, we find that the victims Biraja Rani Debriath and her 5 children namely, Niyatibala, Pranatibala, Subhash, Suman, and Sujan were murdered. 22. The material issue which called for determination in this case is whether the accused‑convicts, in furtherance of their com...... 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
Azizul Huq (Md.) Vs. Chairman, Labour Court, Khulna and Others, 1996, 25 CLC (HCD)
....r Chowdhury J Azizul Huq (Md.)..................Petitioner Vs. Chairman, Labour Court, Khulna and Others............Respondents Judgment July 31, 1996. Result: The Rule is made absolute. Lawyers Involved: Md. Nizamul Huq and Adilur Rahman Khan, Advocates - For the Petition......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. ......by issuing fake identify card and no such identity card was produced before the inquiry committee nor before the Labour Court. Labour Court further found that company (respondent No.2) did not suffer loss of any money or reputation by the alleged false identification of the farmers. There was extenu..Category: Labour and Industrial Law | Date: | Hits: 162
Abdus Sattar Vs. Chairman, Labour Court, Chittagong and another, 1996, 25 CLC (HCD)
....y Jute Products Ltd. Chittagong...............Petitioner Vs. Chairman, Labour Court, Chittagong and another.............Respondents Judgment June 3, 1996. Result: The Rule is made absolute. Lawyers Involved: Md. Ismail, with Md. Omar Farook, Advocates ‑ For Petitioner. M......dent No.2 is directed to give termination benefit to the petitioner within 30 days from date. Send down the lower Court's records. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 525. ......petitioner submitted that the respondent No.2 did not take into consideration 22 years unblemished service record of the petitioner in awarding penalty of dismissal from service to petitioner for the loss of some small spare parts given to him for repairing a machine and the Labour Court acted illeg..Category: Labour and Industrial Law | Date: | Hits: 183
....f BanglaÂdesh and others………………………………………………Respondent
Judgment
March 2, 1986.
Result:
The rule is discharged.
Lawyers Involved:
K. S. Nabi with Masood R. Subhan, Advocates - For the Petitioner.
Rafique-ul Huq with Md. Fazlul Haque, Advocates -...... the Town Improvement Act, it appears that the said provided for the consÂtitution of the Board of Trustees for the purpose of carrying out the provision of this Act which is to be vested in a Board called Dhaka Improvement Trust and the Board shall consist of a Chairman and is to be headed by the ......s rule is discharged withÂout any order as to cost. The stay granted earlier is hereby vacated.
Sultan Hossain Khan J.- I agree.
Ed.
This Case is also Reported in: 39 DLR (HCD) (1987) 145.
..
Category: Civil Law | Date: | Hits: 162
Maqbular Rahman Jute Mills Limited Vs. Chairman Labour Court and another, 1995, 24 CLC (HCD)
....n Jute Mills Limited.........................Petitioner Vs. Chairman Labour Court and another..........................Respondents Judgment July 17, 1995. Result: The Rule is made absolute. Lawyers Involved: Shaikh Abul Hossain with Syeda Afsar Jahan, Advocates ‑ For the Pe......t Naimuddin Ahmed J.- By the application under Article 102 of the Constitution an order dated 4‑11‑91 passed by the Chairman, Labour Court, Chittagong in complaint Case No.182 of 1986 has been called in question. 2. The respondent No.2 of this writ petition named Nurul Haque was a worker d......e without lawful authority and is of no legal effect. In the facts and circumstances of the case, there will be no order as to costs. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 566. ..Category: Labour and Industrial Law | Date: | Hits: 162
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