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Anwar Hossain Khan Vs. Speaker of Bangladesh Sangsad Bhavan and others, 1994, 23 CLC (HCD)
.... absentee members of the parliament without leave of the Parliament is recoverable by appropriate authority upon the processes of law. Ed. This case is also Reported in: 47 DLR (HCD) (1995) 42. ...... For the Respondent No. 4. Abdur Razzaque with Md. Nawab Ali, Advocates ‑ For the Respondent No. 5. Writ Petition No. 1001 of 1994. Judgment Qazi Shafiuddin J. - Election for the members of the Parliament if held under the umbrella of the ruling party cannot be free and fair, on...... absentee members of the parliament without leave of the Parliament is recoverable by appropriate authority upon the processes of law. Ed. This case is also Reported in: 47 DLR (HCD) (1995) 42. ...... absentee members of the parliament without leave of the Parliament is recoverable by appropriate authority upon the processes of law. Ed. This case is also Reported in: 47 DLR (HCD) (1995) 42. ..Category: Constitutional Law | Date: | Hits: 344
Prof. Nurul Amin Bepari Vs. Vice-Chancellor & others, 1998, 27 CLC (HCD)
.... For the reasons stated above the Rule is liable to be discharged. Accordingly, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 405.......alf and on behalf of the whole community of teachers for vindicating public interest. It is stated in the petition that a great anomaly has been created by constituting the Selection Boards including members of Syndicate for nominating the Assistant Professors and Lecturers for appointment in variou...... For the reasons stated above the Rule is liable to be discharged. Accordingly, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 405....... For the reasons stated above the Rule is liable to be discharged. Accordingly, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 405...Category: Employment/Service Law | Date: | Hits: 228
State Vs. A K M Mohiuddin, 1996, 25 CLC (HCD)
....d some papers from illias Mia an account holder by seizure list. He put his signature on the same vide Ext. 19(4). He stated that Mr. Illias Mia is now dead. 19. P.W.8 Md. Abdul Khaleque Mia being posted now at head office, Dhaka as an AGM stated that he was Manager, Sonali Bank, main branch at t......charge levelled against him. He be set at liberty forthwith if not wanted in any other connection. Send down the records at once. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 447. ......6 Md. Ashraf Ali, ASI, Nagarkanda Police Station deposed that he filled up the FIR form Ext.26 upon receipt of the written ejahar from the infortnant. 18. P.W.7 Adeluddin Ahmed, Chairman Lahkardin Union Parishad deposed that P.W.2 Manir Uddin is his brother. He stated that on 10‑10‑88 DAB Far......Ashraf Ali, ASI, Nagarkanda Police Station deposed that he filled up the FIR form Ext.26 upon receipt of the written ejahar from the infortnant. 18. P.W.7 Adeluddin Ahmed, Chairman Lahkardin Union Parishad deposed that P.W.2 Manir Uddin is his brother. He stated that on 10‑10‑88 DAB Faridpur ..Category: Criminal Law | Date: | Hits: 99
Advocate Md. Abdul Hamid Vs. Md. Fazlur Rahman, 1997, 26 CLC (HCD)
....to his election petition all contesting candidates, and any other candidate against whom any allegation, if any, of any corrupt or illegal practice is made and shall serve personally or by registered post on each such respondent a copy of his petition. In the present case the petitioner has impleade......hearing the learned Advocate for the petitioner, we find no merit in this application. So, this application is rejected summarily. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 441. ......hearing the learned Advocate for the petitioner, we find no merit in this application. So, this application is rejected summarily. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 441. ......hearing the learned Advocate for the petitioner, we find no merit in this application. So, this application is rejected summarily. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 441. ..Category: Election Law | Date: | Hits: 247
Government of Bangladesh and others Vs. Jahangir Alam & others, 2011, 40 CLC (AD)
....st in this respect. It reads as follows (Annexure-B to the Writ Petition No.4040 of 2007):— No. SGA/RI/1S-33/69/71 (350), dated Dacca, the 28th March, 1969. Subject: Conversation of temporary posts into permanent ones and contingent and work charged staff into regular establishment. In su......e between the public interest in one hand and the interests of the individuals on the other, having expectations based upon statements or consistent practice of the concerned authorities. All three members of the Bench, namely, Lord Wolf MR, Mummery and Sedley L. JJ, contributed in the judgment. ......h 149; O'Reilly Vs. Mackman (1983)2 AC 237; Attorney-General of Hong Kong Vs. Ng Yuen Shiu (1983)2 AC 629; Waite Vs. Government Communications Headquarters (1983) 2 AC 714; Council of Civil Service Unions Vs. Minister for the Civil Service (1985) AC 374; Regina Vs. North and East Devon Health Auth......n law but is just in fact. In the result, all the appeals are dismissed but without any order as to costs. Ed. This Case is also Reported in: 17 BLC (AD) (2012) 115; 32 BLD (AD) (2012) 145. ..Category: Employment/Service Law | Date: | Hits: 208
Md. Zahurul Islam Vs. Deputy Commissioner, Kushtia and others, 2012, 41 CLC (AD)
....infirmity in the judgment and decree of the High Court Division in dismissing the suit. Accordingly, the leave petition is dismissed. Ed. This Case is also Reported in: 17 BLC (AD) (2012) 106. ......infirmity in the judgment and decree of the High Court Division in dismissing the suit. Accordingly, the leave petition is dismissed. Ed. This Case is also Reported in: 17 BLC (AD) (2012) 106. ......ndant No.1. The plaintiff has his homestead and a shop in 0.29 acre of land which he excluded from the suit land. The plaintiff also transferred some lands by registered deeds in favour of Ailchara Union Parishad. The plaintiff developed Ailchara cattle market and Bazar at a cost of taka 3, 33, ......No.1. The plaintiff has his homestead and a shop in 0.29 acre of land which he excluded from the suit land. The plaintiff also transferred some lands by registered deeds in favour of Ailchara Union Parishad. The plaintiff developed Ailchara cattle market and Bazar at a cost of taka 3, 33, 805.58..Category: Property Law | Date: | Hits: 105
State Vs. Mohammad Salim, 2010, 39 CLC (HCD)
....He denied the suggestion that the incident of opening roof tin was not correct or that he did not hear that Asha was finished. 16. PW 4 Dr. Manab Chowdhury in his deposition stated that he did the post mortem on the dead body of Ayesha Akhter and found the following injuries: 1. One incised wo...... went to the place of occurrence. He took the dead body to the hospital for postmortem. He identified the accused Salim on dock. 22. In cross-examination he denied the suggestion that he was not a member of the police party or that he deposed falsely. 23. PW 7 Sub-Inspector Amulaya Das in his ......005 is accordingly disposed of. Let the lower Court's records along with a copy of this judgment be transmitted to the trial Court. Ed. This Case is also Reported in: 15 BLC (HCD) (2010) 99. ......005 is accordingly disposed of. Let the lower Court's records along with a copy of this judgment be transmitted to the trial Court. Ed. This Case is also Reported in: 15 BLC (HCD) (2010) 99. ..Category: Criminal Law | Date: | Hits: 118
Gadu Mia & others Vs. State, 1991, 20 CLC (HCD)
....he case, visited the place of occurrence, made inquest of the dead body of the victim, seized alamats, prepared seizure‑list, sketch map and sent the dead body to the morgue at Tangail Hospital for post mortem examination and then on receipt of the post mortem report and examining witnesses under ......es before P.W.1 Hafizuddin, P.W.3 Abul Kashem, P.W.4 Md. Jagat Ali, P.W.7 Ayesa Bibi, mother of the victim, sister Jamila, P.W.8 Nurjahan, wife of the victim, Fulbabar Bibi, P.W.12, wife of P.W.3 and member Nawsher Ali and others who were present at the place of occurrence. It has been further alleg......ted from the charge levelled against them and they shall be set at liberty forthwith if not wanted in connection with any other case. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 246. ......ted from the charge levelled against them and they shall be set at liberty forthwith if not wanted in connection with any other case. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 246. ..Category: Criminal Law | Date: | Hits: 106
State Vs. Dr. Md. Nurul Islam, 2011, 40 CLC (HCD)
....neral further submits that amongst the P.Ws. the prosecution has examined as many as 10 P.Ws. who have fully corroborated the prosecution case in toto which has also been supported by inquest report, post mortem report as well as the ballistic report and the learned Additional Sessions Judge, consid......ach other that at the time of the alleged occurrence accused Dr. Md. Nurul Islam was holding a double barrel gun and accused Ashraful a single barrel gun in their respective hands while amongst other members of the unlawful assembly accused Yakub was holding a Teta by which he inflicted blow on the ...... a copy of this judgment and order, be sent to the concerned Court below for information and necessary action at once. Md. Emdadul Haque Azad J. - I agree. Ed. This Case is also Reported in: ...... a copy of this judgment and order, be sent to the concerned Court below for information and necessary action at once. Md. Emdadul Haque Azad J. - I agree. Ed. This Case is also Reported in: ..Category: Criminal Law | Date: | Hits: 104
State Vs. Md. Saiful Huq @ A. Saiful and 6 others, 2012, 41 CLC (HCD)
....Send down the Lower Court Records with a copy of this judgment and order at once for information and necessary action. Md. Emdadul Haque Azad J. - I agree. Ed. This Case is also Reported in: ......Send down the Lower Court Records with a copy of this judgment and order at once for information and necessary action. Md. Emdadul Haque Azad J. - I agree. Ed. This Case is also Reported in: ...... Keraniganj Police Station on 24.1.1995 at 23-15 hours alleging, inter alia, that his elder brother Md. Enamul Haque Ratan was running Haque Fisheries and Poultry Farm at village- Dighirpar, Subadhya Union of Keraniganj Police Station. On 24.1.1995 at about 10 A.M. the said Md. Enamul Haque Ratan al......Send down the Lower Court Records with a copy of this judgment and order at once for information and necessary action. Md. Emdadul Haque Azad J. - I agree. Ed. This Case is also Reported in: ..Category: Criminal Law | Date: | Hits: 93
Abdur Rahman Molla Vs. State, 1998, 27 CLC (HCD)
.... anticipatory bail. Merely because a person is respectable, influential or highly placed in the society by reason of his being rich or educated or politically connected or otherwise holding important post or office he cannot avoid due course of the law to appear before the Courts below and use this ......nst the petitioner in the First Information Report of an offence punishable with death or imprisonment for life he is not entitled to anticipatory bail. He further submitted that petitioner not being member of any political party and his defeated rival not being in the least connected with the infor......ate. Criminal Miscellaneous Case No.1551 of 1998 Judgment Kazi Ebadul Hoque J.- This Rule was issued at the instance of the accused-petitioner Abdur Rahman Mollah, elected Chairman of Paroly Union Parishad, calling upon the opposite party to show cause as to why he should not be enlarged on...... Criminal Miscellaneous Case No.1551 of 1998 Judgment Kazi Ebadul Hoque J.- This Rule was issued at the instance of the accused-petitioner Abdur Rahman Mollah, elected Chairman of Paroly Union Parishad, calling upon the opposite party to show cause as to why he should not be enlarged on antic..Category: Criminal Law | Date: | Hits: 93
Pranajit Barua Vs. State and another, 1998, 27 CLC (HCD)
....in Chittagong District Jail is declared illegal. Let him be set at liberty forthwith if not wanted in connection with any other case. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 399. ......is locally known as a terrorist but in the grounds dated 10-5-98 detenu has been termed as a notorious terrorist, anti-social or anti-State element and a donation monger. He has also been termed as a member of the gang of smuggler and kidnappers. It has also been stated that he was a dangerous and t......in Chittagong District Jail is declared illegal. Let him be set at liberty forthwith if not wanted in connection with any other case. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 399. ......in Chittagong District Jail is declared illegal. Let him be set at liberty forthwith if not wanted in connection with any other case. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 399. ..Category: Criminal Law | Date: | Hits: 72
Nasiruddin Ahmed Pintu (Md.) Vs. State, 2010, 39 CLC (HCD)
....trust. In this proceeding under section 561A of the Code of Criminal Procedure there is no scope to determine whether those allegations are false or otherwise. Moreover those allegations are not preposterous. It may be mentioned here that though in the First Information Report allegation against t......ached to Hazaribag Police Station of Dhaka Metropolitan Police on 26-3-2007 lodged First Information Report with Hazaribag Police Station against accused-petitioner Md. Nasiruddin Ahmed Pintu, former member of the Parliament, alleging, inter alia, that on 21-3-2007 around 1-30 PM while he (informant......se No.15 of 2007 pending in the 1st Court of the Special Judge, Dhaka, is hereby recalled. The case will proceed in accordance with law. Ed. This Case is also Reported in: 63 DLR (HD) (2011) 214.......se No.15 of 2007 pending in the 1st Court of the Special Judge, Dhaka, is hereby recalled. The case will proceed in accordance with law. Ed. This Case is also Reported in: 63 DLR (HD) (2011) 214...Category: Criminal Law | Date: | Hits: 230
Sayeed Ahmed Chowdhury and others Vs. SM Zahidul Islam (Zahid) & another, 2011, 40 CLC (HCD)
....office at Road No.82, Holding No.10/1, Gulshan-2. PS, Gulshan, Dhaka. In the complaint petition the complainant stated that he joined service in the establishment of VF Asia Ltd. on 01-11-1992 in the post Quality Controller, that his last monthly salary was Taka 1,38,000/- and his last post was Assi......eby quashed. The order of stay granted earlier is hereby vacated. Communicate the order once. Send down the LCR. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 212. ......eby quashed. The order of stay granted earlier is hereby vacated. Communicate the order once. Send down the LCR. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 212. ......eby quashed. The order of stay granted earlier is hereby vacated. Communicate the order once. Send down the LCR. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 212. ..Category: Labour and Industrial Law | Date: | Hits: 201
Dr. Kamal Hossain and others Vs. State, 2010, 39 CLC (HCD)
....ay be made of a case of Paran Chadra Barai Vs. State, 2 BCR 292, (Para-II) wherein it has been held that on getting information of the murder of the deceased a GD Entry was made in Takerhat Police Outpost and thereafter a formal first information report was lodged on 15-7-78 at about 12-30 hours. On...... The fact relevant for disposal of the rule, in short, is as follows: That all the accused petitioners of this case are very respectable citizens and eminent lawyers of Bangladesh and they are all members of Supreme Court Bar Association. The petitioner Nos.1, 2 and 9 i.e. Dr. Kamal Hossain, Barr......gment be sent to the Ministry of Home Affairs and the Inspector General of Police. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 204; 16 MLR (HCD) (2011) 343; 30 BLD (HCD) (2010) 400. ......gment be sent to the Ministry of Home Affairs and the Inspector General of Police. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 204; 16 MLR (HCD) (2011) 343; 30 BLD (HCD) (2010) 400. ..Category: Criminal Law | Date: | Hits: 132
Carew and Company (Bangladesh) Limited Vs. Chairman Labour Court and others, 1998, 27 CLC (HCD)
....was not given the same benefit although he was entitled to get the same under the agreement dated 21-11-84 (28-11-84), the scale of Taka 1000-2260 with effect from 13-4-87 when he was promoted to the post of Office Assistant. The respondent No.2 demanded this same scale to the petitioner but was ref......t further delay. The order of stay granted earlier by this Court hereby stands vacated. Send down the lower Court records at once. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 396. ......hers.………………Respondents Judgment June 11, 1998. Result: The Rule is discharged. Case Referred to- Manager, Sonali Jute Mills Ltd. Vs. Secretary Sonali Jute Mills Workers Union and others, 30 DLR 141. Lawyers Involved: Md. Khalilur Rahman with Syada Afsar Jahan, Ad......t further delay. The order of stay granted earlier by this Court hereby stands vacated. Send down the lower Court records at once. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 396. ..Category: Labour and Industrial Law | Date: | Hits: 281
MA Bari Vs. Chairman, Bangladesh Water Development Board (BWDB) and others, 1998, 27 CLC (HCD)
....to this Court may seem fit and proper. 2. The short facts for disposal of this Rule are that the petitioner, after joining in the service of Bangladesh Water Development Board, was promoted to the post of Upper Division Assistant and was posted in the office of Additional commissioner, WAPDA Buil......nnexure-I to the petition has been passed without any lawful authority and is to be of no legal effect. No order is made as to cost. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 390.......nnexure-I to the petition has been passed without any lawful authority and is to be of no legal effect. No order is made as to cost. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 390.......nnexure-I to the petition has been passed without any lawful authority and is to be of no legal effect. No order is made as to cost. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 390...Category: Employment/Service Law | Date: | Hits: 184
....was in service of the then British India as a fireman. After partition on 14-8-47 he migrated to the then East Pakistan as an Optee Employee and joined the then East Pakistan Fire Service in 1947 and posted at Lalmonirhat as a Fireman and retired from the Government Employment on December 16, 1991. ......ffidavit sworn before a Magistrate on 27-4-86 has been filed to show petitioners allegience to Bangladesh. He also submitted the voter list of the area to show that the name of the petition and other members of his family appear in the list as voters. All these facts and Government records clearly i......) 30; Southern Rly Co. Vs. Greene, 216 US 400; Indira Gandhi Vs. Raj Narayan, AIR 1975, SC 2279; Middleton Vs. Texas, P & L Co 248 US 152; Gulf Colorado Rly. Vs. Ellis, 165 US 150; Shujat Ali Vs. Union of India, AIR 1974, SC 1631; Lachmon Das Vs. State of Punjab (Supra); Sakhawat Ali, AIR 1955 (......itution, in Article 27, that “all citizens are equal before law and are entitled to equal protection of law” has been disregarded in the impugned legislation, namely, section 7(2)(g) of the Union Parishad Ordinance. First of all, it is to be clearly understood what ‘the equality of law’ mean..
Category: Property Law | Date: | Hits: 150
Major General Moinul Hossain Chowdhury Vs. Government of Bangladesh and others, 1997, 26 CLC (HCD)
....the rank of Lt. General under Notification No.1-Pa-2/9O/D-18/229 dated 27-8-1994 and the Notification No.1-Pa-2/90/D-18/130 dated 3-9-1996 appointing Major General Muhammad Mahbubur Rahman PSC to the post of Chief of the Staff of the Bangladesh Army till 23-12-1997 and promoting him to the rank of L......own. The Additional Attorney-General appearing on behalf of the Government of the People’s Republic of Bangladesh at the time of hearing of this petition seriously contends that the petitioner is a member of the disciplined force and the impugned orders relate to the terms and conditions of servic...... also suffers from inordinate delay. For the above discussion, we reject this petition in limine without any order as to costs. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 370. ...... also suffers from inordinate delay. For the above discussion, we reject this petition in limine without any order as to costs. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 370. ..Category: Employment/Service Law | Date: | Hits: 244
A.S.S. Mohammad Ali Vs. State and another, 1983, 12 CLC (AD)
....he High Court Division is set aside and the proceeding in Special Case No.15 of 1980 pending before the Special Judge, Bogra is quashed. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 324.......he High Court Division is set aside and the proceeding in Special Case No.15 of 1980 pending before the Special Judge, Bogra is quashed. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 324.......he High Court Division is set aside and the proceeding in Special Case No.15 of 1980 pending before the Special Judge, Bogra is quashed. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 324....... was issued him the prosecution had already started without the sanction and as such the proceeding is a nullity and liable to be quashed. 3. Facts are as follows: The appellant Joined Bogra Zilla Parishad as Head Assistant and eventually he was promoted as Administrative Officer in the Local P..Category: Criminal Law | Date: | Hits: 81
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