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Saiful Islam alias Japannya Vs. State, 2010, 39 CLC (HCD)
.... fled away towards the jungle of a hill at the east. 13. P.W.5 Zahirul Islam, a constable of police who escorted the dead body from Ukhia Health Complex to Cox’s Bazar Sadar Hospital for holding post-mortem, proved the medical clearance certificate (MCC) and the challan of dead body and his sig......s imprisonment, if he is not wanted in connection with any other criminal case. Send down the lower Court’s record. Mohammad Marzi-ul-Huq J.- I agree. Ed. This Case is also Reported in: ......s imprisonment, if he is not wanted in connection with any other criminal case. Send down the lower Court’s record. Mohammad Marzi-ul-Huq J.- I agree. Ed. This Case is also Reported in: ......s imprisonment, if he is not wanted in connection with any other criminal case. Send down the lower Court’s record. Mohammad Marzi-ul-Huq J.- I agree. Ed. This Case is also Reported in: ..Category: Criminal Law | Date: | Hits: 102
.... (SC) 41 mentioned above.
38. Mr. Hosein puts much reliance on the case reported in AIR 1963 (SC) 268, where provision was made favouring the Advocates of Andra Pradesh only to be appointed in the post of District Munsif. When the virus of the law was questioned, their Lordships struck down the i......hem is unwarranted.
4. Mr. Mainul Hosein, the learned Counsel appearing for the petitioner, submits that the Chairman and Members of the Union Parishads belong to a well-defined class, namely, members of the local bodies, created by the Statute, on the basis of same qualification and disquali......desh & others...............Respondents
Judgment
February 17, 1990.
Result:
The Rule was made returnable.
Cases Referred to-
AIR 1951 (SC) 41, Charanjit Lal Chowdhury Vs. The Union of India and others; AIR 1952 (SC) 75, The State of West Bengal Vs. Anwar Ali Sarker and anoth......udgment
Mohammad Abdur Rouf J.- In this Rule Nisi, issued on 11.2.90, under Article 102 of the Constitution of the People's Republic of Bangladesh, the petitioner, who is the Chairman of a Union Parishad, has questioned constitutionality of clause (a), sub-section (2) of section 6 of the Local ..
Category: Election Law | Date: | Hits: 391
Abdus Samad Miah and another Vs. Bangladesh Government & others, 2010, 39 CLC (HCD)
....petitioner No.2 in the scale of Taka 4,100-8820. 3. It is stated that the petitioner No.1 Abdus Samad Miah was appointed on 17-9-1974 as LD Clerk and joined in the service on 20-9-1974 in the same post under the Ministry of Education. On 20-9-1981 he was promoted to the Post of UD and Joined on 3......scussion we are of the view that writ petition is not maintainable. In the result, the rule is discharged with no order as to costs. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 458.......zedur Rahman Vs. Secretary Ministry of Establishment, 50 DLR 407; Mozibur Rahman Vs. Bangladesh, 44 DLR (AD) 111; Serajul Islam Vs. The Director General of Food, 42 DLR (AD) 199; SP Sampath Kumar Vs. Union of India, AIR 1937 SC 386; JB Chopra Vs. Union of India, AIR 1987 SC 357. Lawyers Involved:......scussion we are of the view that writ petition is not maintainable. In the result, the rule is discharged with no order as to costs. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 458...Category: Administrative Law | Date: | Hits: 421
Tarique Rahman Vs. Government of Bangladesh and others, 2010, 39 CLC (HCD)
....mission Act, 2004 and, as such, the very initiation of the proceeding by the Commission was illegal and without jurisdiction. (5) That Money Laundering Prevention Act, 2009 cannot be treated as ex-post facto law and that similar provision has also been incorporated in the constitutions of the dif......y, the Rule is discharged without any order as to costs. The trial Court is directed to proceed with the case in accordance with law. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 524. ......y, the Rule is discharged without any order as to costs. The trial Court is directed to proceed with the case in accordance with law. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 524. ......y, the Rule is discharged without any order as to costs. The trial Court is directed to proceed with the case in accordance with law. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 524. ..Category: Criminal Law | Date: | Hits: 112
Nur Hossain Miah & others Vs. Bangladesh and others, 2010, 39 CLC (HCD)
....ce of the rules is hereby recalled. Let a copy of this Judgment be transmitted to the Chairman, Anti-Corruption Commission, Dhaka. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 514. ...... ones, they will never come forward with the truth against the marauding offenders, if let loose on obtaining bail from Court. Ultimately, the administration of criminal justice would collapse and no member of the society will be safe. If must also be remembered that the fugitives generally do not c......ce of the rules is hereby recalled. Let a copy of this Judgment be transmitted to the Chairman, Anti-Corruption Commission, Dhaka. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 514. ......ce of the rules is hereby recalled. Let a copy of this Judgment be transmitted to the Chairman, Anti-Corruption Commission, Dhaka. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 514. ..Category: Criminal Law | Date: | Hits: 107
Md. Rafiqul Islam alias Rafique Vs. State, 2011, 40 CLC (HCD)
....se thereto, a Sub-Inspector of police named S. M. Shahidul Islam visited the area of occurrence, inquired into the allegation and sent the dead body to Narayanganj General Hospital Morgue for holding post-mortem. The police also arrested the appellant under section 54 of the Code of Criminal Procedu......rrence. When she was going back to the house of occurrence, saw Mohammad Ali and his wife were bringing back her husband. 6. P.W.4 Abul Hossain, one of their neighbours stated that he could not remember the exact date, but it was nearly one and half year back. He was lying in his house at about ......ion Case No.40 of 1994 is hereby set aside. The appellant is released from his bail bond. Send down the lower Court records. Naima Haider, J.- I agree. Ed. This Case is also Reported in: ......ion Case No.40 of 1994 is hereby set aside. The appellant is released from his bail bond. Send down the lower Court records. Naima Haider, J.- I agree. Ed. This Case is also Reported in: ..Category: Criminal Law | Date: | Hits: 101
SM Sabbir Hasan Vs. State, 2011, 40 CLC (HCD)
....ed-petitioner, he was falsely implicated in this case and created imaginary plot in collusion with RAB authority. He also submits that as the accused-petitioner is a responsible officer holding the post of Deputy Director of Anti-Corruption Commission there is no chance of his absconsion or to tam......ermitted to take back the certified copies of the annexures on substituting with photo copies of the same, except the impugned order. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 368. ......ermitted to take back the certified copies of the annexures on substituting with photo copies of the same, except the impugned order. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 368. ......ermitted to take back the certified copies of the annexures on substituting with photo copies of the same, except the impugned order. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 368. ..Category: Criminal Law | Date: | Hits: 111
....in the 5th Court of Joint District Judge, Dhaka against the respondents for declaration that the order dated 5-7-1994 terminating the plaintiff from the service of the defendant No.1. Bank from the post of Executive Vice President is illegal, void and not binding upon the plaintiff and to reinstat......t, Dhaka in Title suit No.83 of 2007 rejecting the plaint of the suit is maintained and upheld.
Send down the lower Court records.
Ed.
This Case is also Reported in: 63 DLR (HCD) (2011) 359.
......pali Bank Ltd. Vs. Md. Arab Ali, 7 BLC (AD) 1; 7 BLD 365; Bangladesh Small Industries Corporation, Dhaka Vs. Mahbub Hossain Chowdhury, 29 DLR (SC) 41; Burmah Eastern Ltd. Vs. Burmah Eastern Employees Union and others, 18 DLR 709.
Lawyers Involved:
Golam Arshed with Serajul Haque, Advocates - F......t, Dhaka in Title suit No.83 of 2007 rejecting the plaint of the suit is maintained and upheld.
Send down the lower Court records.
Ed.
This Case is also Reported in: 63 DLR (HCD) (2011) 359.
..
Category: Employment/Service Law | Date: | Hits: 175
....e and involving the same questions of law they will be disposed of by this common judgment.
2. The petitioner in Writ petition No.416 of 1986, Md. Fazlur Rahman, was a Naik on duty at Boirchuna outpost in the District of Dinajpur, in 23 Rifles Battalion, First Company on 1.1.86. The petitioner ...... cowardice and moral turpitude, corruption and inefficiency were mentioned in section 4 and it was provided that the authority concerned specified in column 2 of the First Schedule may impose on such member any of the penalties mentioned in section 5. Section 5 provided that the following penaltie...... service cannot be sustained.
In the result, the Rule in all the Writ petitions are made absolute but without any order as to costs.
Ed.
This Case is also Reported in: 41 DLR (HCD) (1989) 459....... service cannot be sustained.
In the result, the Rule in all the Writ petitions are made absolute but without any order as to costs.
Ed.
This Case is also Reported in: 41 DLR (HCD) (1989) 459...
Category: Others | Date: | Hits: 167
Jalaluddin Vs. Bangladesh, 1989, 18 CLC (HCD)
..... Bangladesh & others, 39 DLR 445. In the aforesaid case it appears that certain area of a Union Parishad adjacent to Jhalakati Pourashava was declared as urban area. When a by-election for the post of Chairman of Jhalakati Pourashava was going to be held excluding the newly-declared urban are......result, the Rule is discharged but without any order as to costs, and the order of stay passed by this Court earlier is hereby vacated. Ed. This Case is also Reported in: 42 DLR (HD) (1990) 132.......se relate to Sylhet Pourashava shall not be declared to have been made without lawful authority and are of no legal effect. 2. The petitioner is a resident of village Ghashitala, No.9 Mollargaon Union Parishad, P.S. Kotwali, district Sylhet. He has stated that 6 Union Parishads namely, Khadim......ate to Sylhet Pourashava shall not be declared to have been made without lawful authority and are of no legal effect. 2. The petitioner is a resident of village Ghashitala, No.9 Mollargaon Union Parishad, P.S. Kotwali, district Sylhet. He has stated that 6 Union Parishads namely, Khadimpara, ..Category: Property Law | Date: | Hits: 108
....he law of contract and terms and conditions of the policy to saddle them with the liability to pay the loss, even though they have never acknowledged the liability and were within their rights to postpone a decision on liability until the Arbitrator's award is obtained on the quantum of loss o...... loss or damage shall be determined by the arbitrator/ arbitrators, if any difference arises, and "it is hereby expressly declared to be a part of the contract of insurance..................that no member who refuses to accept the amount of any loss as settled by the committee in manner hereinbe......Division
Dhaka
(Original Civil Jurisdiction)
Present:
Mustafa Kamal J
Md. Mozammel Hoque J
Daulatpur Traders & Co. Ltd..................Appellant
Vs.
The Eastern Federal Union Insurance Co. Ltd. & another...............Respondents
Judgment
June 22, 1989.
Re......lt all the three appeals are dismissed but in the facts and circumstances of the case we direct the parties to bear their own costs.
Ed.
This Case is also Reported in: 42 DLR (HD) (1990) 125.
..
Category: Business or Commercial Law | Date: | Hits: 290
Soleman & Others Vs. State, 1989, 18 CLC (HCD)
....ting anybody. So an angry or enraged man before commission of some offence like that of murder or assault gives out some sort of emotional outbursts which find expression in his movements, gesture, posture and in the concomitant actions. This attitude may be called "hostile attitude” quite diffe......umber of reference books available to this Court for this case. We acknowledge such praiseworthy endeavour and assistance with thanks. Ed. This Case is also Reported in: 42 DLR (HD) (1990) 118. ......umber of reference books available to this Court for this case. We acknowledge such praiseworthy endeavour and assistance with thanks. Ed. This Case is also Reported in: 42 DLR (HD) (1990) 118. ......umber of reference books available to this Court for this case. We acknowledge such praiseworthy endeavour and assistance with thanks. Ed. This Case is also Reported in: 42 DLR (HD) (1990) 118. ..Category: Criminal Law | Date: | Hits: 141
Emdadul Hoque Miah Vs. People's Republic of Bangladesh, 1989, 18 CLC (HCD)
....e passed with prior approval of the Govt. The order must ex-facie show that the prescribed authority formed his opinion on cither of the two grounds. The alternative ground set out in the section postulates application of mind of the authority on materials from which an opinion could be formed...... 12. From a close reading of the impugned order quoted above it transpires that misuse of power, violation of rules and irregular activities of the Chairman resulting in the abstention of the members from attending the meetings of the Upazila Parishad which is said to have created deadlock i......ted 17.10.87 is illegal and has been made without any lawful authority and is of no legal effect. There will be no order as to cost. Ed. This Case is also Reported in: 42 DLR (HD) (1990) 110....... Local Government; Rural Development and Co-operative, Local Govt. Division vide Memo No.Sha 8/IP-277/87/174 (Annexure 'A') suspending the petitioner from the office of Chairman of Mithapukur Upazila Parishad should not be declared illegal and to have been made without any lawful authority and is of..Category: Others | Date: | Hits: 175
Lal Miah Vs. Fazlul Haque Bhuiyan & Others, 1989, 18 CLC (HCD)
....r is void and that the opposite party No.1 has been duly elected are set aside. The election as a whole is declared to be void and the election authorities are directed to hold fresh election for the post of Chairman of the concerned Union Parishad. Ed. This Case is also Reported in: 42 DLR (H...... to be void and the election authorities are directed to hold fresh election for the post of Chairman of the concerned Union Parishad. Ed. This Case is also Reported in: 42 DLR (HD) (1990) 105. ...... Raipura Upazila, District Narsingdi in Election Tribunal Case No.1 of 1988. 2. The petitioner along with opposite party Nos.1-3 were contestants in the Election of Chairman of North Bakharnagar Union Parishad which was held on 10.2.88. The petitioner polled 1764 votes, the opposite party No.1 ......ra Upazila, District Narsingdi in Election Tribunal Case No.1 of 1988. 2. The petitioner along with opposite party Nos.1-3 were contestants in the Election of Chairman of North Bakharnagar Union Parishad which was held on 10.2.88. The petitioner polled 1764 votes, the opposite party No.1 polled..Category: Election Law | Date: | Hits: 187
State Vs. Lokman Miah, 1995, 24 CLC (HCD)
....ice started investigation into the cast and examined the witnesses under section 161 CrPC. Police had already made inquest report of the deceased Humayun Kabir, sent the dead body to the morgue for post mortem examination. Police also arrested Jahangir Hossain who was caught on 16.9.88 at about 11......the accused Lokman Miah by the Additional Sessions Judge, Narayanganj in Sessions Case No.50 of 1988 on 15.6.92 is hereby set aside. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 149. ......the accused Lokman Miah by the Additional Sessions Judge, Narayanganj in Sessions Case No.50 of 1988 on 15.6.92 is hereby set aside. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 149. ......the accused Lokman Miah by the Additional Sessions Judge, Narayanganj in Sessions Case No.50 of 1988 on 15.6.92 is hereby set aside. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 149. ..Category: Criminal Law | Date: | Hits: 73
Abdus Samad Azad and others Vs. Bangladesh and others, 1992, 21 CLC (HCD)
....d and also some decisions of the Courts of Bangladesh and also of American Jurisdiction submitted before this Court at great length that section 10 of Act 27 of 1991 provides that the election of the post of President shall be by open ballot by the Members of the Parliament, each member of the Parli......tition No.2195 of 1991 With Writ Petition Nos.2213 and 2238 of 1991. Judgment Anwarul Hoque Chowdhury J.- Writ petition No.2195 of 1991 filed by Abdus Samad Azad and 6 other members of the Parliament and Writ Petition Nos. 2213 of 1991 and 2238 of 1991 both filed by Moudud ......1991 having not been before this Court, the impugned Ordinance having been withdrawn, that petition is disposed of accordingly. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 354. ......1991 having not been before this Court, the impugned Ordinance having been withdrawn, that petition is disposed of accordingly. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 354. ..Category: Constitutional Law | Date: | Hits: 414
SM Shafiul Azam and others Vs. Director of Labour and others, 1991, 20 CLC (HCD)
.... effect. Let the order passed by this court earlier staying the further proceeding of criminal case No.10 of 1990 be vacated. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 582.......ll the allegations regarding unfair labour practices. It was further stated in that letter that the cases filed by the terminated employees were pending in the Labour Court and that the matter of the membership of the union was under investigation in the Directorate of Labour and as such, there was ...... of services of certain employees and concerning transfer of some employees from Dhaka. In the said memo it was indicated that the President/General Secretary of the United Commercial Bank Karmachari Union having Registration No.B‑1865 have brought some allegations against the management of the Ba...... effect. Let the order passed by this court earlier staying the further proceeding of criminal case No.10 of 1990 be vacated. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 582...Category: Labour and Industrial Law | Date: | Hits: 176
M M Rahmatullah Vs. State, 1992, 21 CLC (HCD)
....undue pecuniary advantage by abusing his official position as a public servant will be decided at the time of trial and at this stage it cannot be said that the prosecution case in this respect is preposterous and is a case of no evidence or on admitted facts it discloses no offence." It is fu......ent Trust since designated as RAJUK (Rajdhani Unnayan Kartipakkha) by amendment of Town Improvement Act, 1953 as amended by Ordinance No. IV of 1987 the Kartipakkha is composed of Chairman and four members all of whom are full time officers of the Kartipakkha. The matter involving allotment of plo......cated. The learned Special Judge is directed to hold the trial expeditiously. Let the records be sent down at once. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 576. ......cated. The learned Special Judge is directed to hold the trial expeditiously. Let the records be sent down at once. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 576. ..Category: Criminal Law | Date: | Hits: 81
Bangladesh Inland Water Transport Authority Vs. United Trading Corporation, 1989, 18 CLC (HCD)
....der of the learned Subordinate Judge cannot be sustained. In the result the Rule is made absolute but without any order as to costs. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 513.......der of the learned Subordinate Judge cannot be sustained. In the result the Rule is made absolute but without any order as to costs. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 513.......Jothajec Vs. Rashid Jamshed Sons and Co., AIR 1946 Madras 346; Dharma Gauda Vs. Ganapati Gauda, AIR 1964 Orissa 21; Narbadabai Vs. Natverlal Chunilal, AIR 1953 Bom 386; Hanskumar Kishan Chand Vs. The Union of India, AIR 1958 Supreme Court 947; Abdul Karim Vs. Mirza Bashir Ahmed, PLD 1967 Lahore 365.......der of the learned Subordinate Judge cannot be sustained. In the result the Rule is made absolute but without any order as to costs. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 513...Category: Civil Law | Date: | Hits: 142
Bangladesh Beverage Industries Ltd. Vs. Rowshan Akhter and others, 2010, 39 CLC (HCD)
....ucation as education makes a man a bit responsible. Communicate this order at once. Send down the lower Court records at once. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 483. ......n the suit plaintiff examined herself as P.W.1 who support the plaint case. 11. P.W.2 Md. Nasim Ali an old man of 71 years, was present when the accident took place; at the relevant time, he was a member of Workers Party. 12. P.W.3 Md. Mostafa Kamal is a shop keeper in whose shop the soft drin......Messrs Mohammadi Tramway Company, Karachi, PLD 1968 Karachi 376; Amin Yousuf Nizami Vs. Rashid Rayon Mills, Karachi, PLD 1971 (Karachi) 505; Phool Chand Vs. Jai Devi, AIR 1966 All 527; Satya Wati Vs. Union of India, AIR 1967 Delhi 98; Municipal Corporation of Delhi Vs. Subhagwanti, AIR 1966 SC 1750;......ucation as education makes a man a bit responsible. Communicate this order at once. Send down the lower Court records at once. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 483. ..Category: Civil Law | Date: | Hits: 339
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