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Atiqullah Pathan (Dhanu) Vs. State and another, 2010, 39 CLC (HCD)
....legal and unjust; and therefore is an abuse of the process of Court and as such liable to be quashed. 8. Mr. Nizamul Haque Nazim, the learned Assistant Attorney General for the State. On the other hand, submits that the contention of the petitioner is subject to prove and that the complainant cat......-2005 and 6-3-2005 respectively. It is not alleged by the complainant that the accused petitioner did not receive notices in due time rather the accused petitioner admits such receipt of notices. Moreover the case of the complainant is that the legal notices under section 138(1)(b) of the Negotiable......nted earlier shall stands vacated. Send a copy of this order to the Assistant Sessions Judge, 2nd Court Mymensingh for compliance. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 175. ..Category: Criminal Law | Date: | Hits: 84
Motiur Rahman Bahadur Vs. Hemanta Kumar Shill, 2010, 39 CLC (HCD)
....d Rajmohon Shill. Brindabon Shill died leaving one son, Kalinath Shill. Lalit Kumar Shill died childless leaving his wife Kumudini Shill (Defendant-2). Rajmohon Shill died leaving two sons, Sharot Chandra Shill and Shashi Kumar Shill. Sharat Chandra Shill died leaving two sons, HemantaKumar Shill ...... her family she collected money by mortgaging portions of the land. She plunged into debt after performing funeral, shradhya ceremony and other rituals conduce to the bliss of her husband's soul. Moreover, for meeting the expenses of her family, medical treatment, payment of rent etc., she had to se......ent and part decree passed by the Subordinate Judge 2nd Court, Pirojpur, is maintained. Send down the lower Court records at once. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 180. ..Category: Property Law | Date: | Hits: 107
Rafiqul Alam (Md.) Vs. Md. Abdul Awal & others, 2010, 39 CLC (HCD)
....eading and non-consideration of the materials evidence on record calling for interference by this Court. Thus, Mr. Chowdhury submitted that the Rule was liable to be made absolute. 7. On the other hand, Mr. Syed Md. Humayun Kabir Khadem, learned Advocate appearing for the opposite party Nos. 2, 4......trate. But the Managing Committee, without considering the prayer of the plaintiff, informed him by letter dated 31-10-1993 that he was dismissed from service on 21-10-1993 as per Rule 11 of the Non-Government Teachers' Service Rules, 1979 (shortly, the Rules). The plaintiff did not commit any offen......2-1997 passed by the Subordinate Judge, Rangpur in Order Appeal No.140 of 1995 in hereby affirmed. Send down the LCR accordingly. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 168. ..Category: Civil Law | Date: | Hits: 144
Aysha Begum and others Vs. Mozibur Rahman, 2010, 39 CLC (HCD)
....bout share of land or rent does not offer any ground for appointment of receiver. The plaintiff has failed to make out a case that property, allegedly ejmali, was going to be wasted or damaged at the hands of his siblings and members of his extended family against whom he has sought relief. Plaintif......n the schedule i.e. Gani Residential Hotel is run by defendant No.10 through an agent. Defendant No.1 has deprived the plaintiff of an amount Tk. 40,000 payable to him as his share of rental realized over ten months from the lessee of that hotel. 3. The written objections filed by the appellants ......ntment of receiver. A plain reading of the impugned order ipso facto suggests that the learned judge passed the same totally unconcerned about the utterly senseless dislocation that may follow in the management of family property in the event of introducing a stranger into management that too before..Category: Civil Law | Date: | Hits: 126
Shaukat Ali and another Vs. Chairman, Labour Court, Khulna and others, 1992, 21 CLC (HCD)
....f Labour (Standing Orders) Act, 1965. With the aforesaid observation the rules are discharged. There will be no order as to costs. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 410. ......e Enquiry Committee took signature from petitioners on 17/18 blank papers under coercion and submitted that thepetitioner actually signed the papers before the Enquiry Committee after these were read over to him and as such there was no violation of principle of natural justice as alleged. It has be......shment under the law." 12. In the case of Manager, Zeal Bangla Sugar Mills Ltd. Vs. Chairman, First Labour Court and another asreported in 34 DLR page 1this court has held: "It appears that the management while passing the final order of dismissal against the respondent No. 2 did not take into..Category: Labour and Industrial Law | Date: | Hits: 182
Junnur Rahman (Md.) Vs. Bangladesh Shilpa Rin Sangstha (BSRS) and others, 1997, 26 CLC (HCD)
....the petitioner is not maintainable. 18. The question whether promotion committee was justified in calculating 17.66 marks as the average of marks obtained by the petitioner in the interview at the hand of 3 examiners out of 4 and as to whether the said marks should have been counted as 18 marks c......t the marking system introduced by the answering respondents are ultra vires to the service Rules and BSRS Order. It is stated that the marking system needs to be introduced with the approval of the Government and after publication in the official gazette. In the absence of approval of the Governmen......t that could also be considered by the Administrative Tribunal. In the result, the Rule is discharged without any order as to cost. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 39. ..Category: Employment/Service Law | Date: | Hits: 194
Gazi Jashimuddin Vs. Bangladesh & others, 1997, 26 CLC (HCD)
....ent front of a political party. He pleads that the Government should not be allowed to scuttle the right of the citizen, guaranteed under the aforesaid Articles, in such a manner. 17. On the other hand, Mr. Bazlur Rahman Chhana, the learned Assistant Attorney-General, appearing on behalf of the r......l Original Jurisdiction) Present: KM Hasan J Md. Tafazzul Islam J Gazi Jashimuddin……………Petitioners Vs. Bangladesh, represented by the Secretary, Ministry of Home Affairs, Government of Bangladesh, Bangladesh Secretariat, Dhaka & others……………Respondents Jud...... The respondents are directed to appoint the petitioner to the Police cadre within four months from the date of receipt of this order. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 37. ..Category: Employment/Service Law | Date: | Hits: 194
Nazir Ahmed & Others Vs. Yonus Meah & Others, 1984, 13 CLC (HCD)
....to got to a civil Court for determining the rights of the parties thereto or the person entitled to possession thereof. 6. Mr. S.C. Das, the learned Advocate for the opposite parties, on the other hand, has submitted that the learned Magistrate has not applied his mind to the evidence on record a......ssions Divisions within which the District is situate shall be deemed to have been appointed as Additional Sessions Judges of that Division. By Notification No.ED/FA-52/82-466 dated 08.09.1982 the Government invested all Additional District Magistrates with powers to try as Magistrate all offenc......udge in Criminal Motion No.53 of 1983 are set aside and those of the learned Magistrate passed in Misc Case No.160 of 1977 are restored. Ed. This Case is also Reported in:36 DLR (1984) 93. ..Category: Procedural Law | Date: | Hits: 116
....
খ। সম্পূর্ণ বধির।
গ।এক পা কাটা (Amputation of thigh, leg or foot)।
ঘ। এক হাত কাটা (Amputation of arm, forearm or hand)।
ঙ। নার্ভ বা হাড্ডি আহত হয় এক পা বা ......
High Court Division
(Special Original Jurisdiction)
Present:
Mohammad Bazlur Rahman J
Md. Ruhul Quddus J
Md. Siddiqur Rahman and others ...Petitioners
Vs.
Government of the People’s Republic of Bangladesh represented by the Secretary, Ministry of Liberat......n future to the respondent-Trust, it will dispose of the same in accordance with law within shortest possible time.
Mohammad Bazlur Rahman J.- I agree.
Ed.
This Case is also Reported in:
..
Category: Constitutional Law | Date: | Hits: 237
State Vs. Nazma Sarker @ Beauty and others, 2011, 40 CLC (HCD)
....ld all these facts to him. Nazma also told that at about one hour in the night some one fell her down from the "Khat" when she was roaring and on hearing this Faruque and others, 4 in number, saw the hands and mouth of Nazma fastened which they untied and then saw the blood stained slaughtered dea....... with the Tongi Police Station, District-Gazipur on 25.8.2003 at 13-15 hours alleging that, on the same day in the morning one Habibur Rahman, a neighbour of the deceased Hanif Sarker informed him over telephone that his brother, Hanif Sarker, who was an employee of Data Shoe Company and residing......ds, along with a copy of this judgment and order, be sent to the concerned Court below for information and necessary action at once. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 483. ..Category: Criminal Law | Date: | Hits: 99
Dulal Miah @ Dulal @ Nurun Nabi Vs. Ruhul Amin and others, 1998, 27 CLC (HCD)
....ent and his mother and sister were also admitted in the hospital for treatment. Accused persons were apprehended by the local people from a house and local chowkidar and dafadar guarded them and then handed over them to the investigation officer on the very same day. 5. Defence case is that, no o...... his mother and sister were also admitted in the hospital for treatment. Accused persons were apprehended by the local people from a house and local chowkidar and dafadar guarded them and then handed over them to the investigation officer on the very same day. 5. Defence case is that, no occurren......he medical certificate and X‑ray report only and on the basis of other evidence already on record. Send down the LC record at once. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 618. ..Category: Criminal Law | Date: | Hits: 76
Moslem Ahmed Sarker (Md.) alias Muslim Ahmed Vs. Abdul Khaleque and others, 1998, 27 CLC (HCD)
....e same has resulted in error in the impugned decision occasioning failure of justice. 7. Mr. Syed Mahmud Hossain, the learned Advocate appearing for the pre‑emptor‑opposite party, on the other hand, submits that the learned Court of Appeal below on proper consideration of the facts and circum......ocedure. In the result, the Rule fails and it is discharged without my order as to costs. Let the LC records be sent down at once. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 616. ......ocedure. In the result, the Rule fails and it is discharged without my order as to costs. Let the LC records be sent down at once. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 616. ..Category: Property Law | Date: | Hits: 91
AKM Abu Sayed Chowdhury Vs. AKM Abdul Wahed Chowdhury and others, 2011, 40 CLC (HCD)
....are also forged and fraudulent. He further submits that the plaintiffs petitioners are entitled to get decree. 7. Mr. Khair Ezaz Masud, the learned Advocate for the opposite parties, on the other hand, submits that Sultan Mahmud after his retirement fell ill and the plaintiff No.1 collusively ......al power. In the result the revision fails and the Rule is discharged without any Order as to cost. Sent down the LCR at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 298. ......al power. In the result the revision fails and the Rule is discharged without any Order as to cost. Sent down the LCR at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 298. ..Category: Procedural Law | Date: | Hits: 110
Mrs. Nadira Rahman Vs. Sayed Amir Hossain, 1983, 12 CLC (HCD)
....f Wakfs, namely, Syed Mohammad Amir Hassain be a fit person to the next Mutwalli according to the terms of the Wakf deed, appointed him as Mutwalli in place of Mrs. Nadira Rahman. She was directed to hand over the charge of Mutwalliship to Syed Mohammad Amir Hossain immediately. As against that orde......fs, namely, Syed Mohammad Amir Hassain be a fit person to the next Mutwalli according to the terms of the Wakf deed, appointed him as Mutwalli in place of Mrs. Nadira Rahman. She was directed to hand over the charge of Mutwalliship to Syed Mohammad Amir Hossain immediately. As against that order an ......case of any illegal appointment or exercise of power without any lawful authority and that she had always managed the Wakf property according to the wishes of the Wakf and there was no question of mismanagement or misappropriation of the Wakf annuity or any fraud as alleged. The matter was heard by ..Category: Trust/Waqf Law | Date: | Hits: 134
Motleb Molla (Md.) Vs. Dost Mohammad and others, 1997, 26 CLC (HCD)
....resulting in an error in the decision occasioning failure of justice and is liable to be set aside. 6. Mr. Akram Hossain Amin, the learned Advocate appearing for the opposite parties, on the other hand, contends that both the Courts below having considered the oral as well as documentary evidence......fly stated, the facts for disposal of the this Rule are, that the plaintiff (petitioner) filed OC Suit No.323 of 1974 against the defendant opposite party Nos. 1‑4 for a declaration of title and recovery of khas possession after evicting them from the suit land. The said suit was dismissed on 27......gment. The petitioner is also directed to take all possible steps in that behalf. Send down the record to the trial Court at once. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 613. ..Category: Property Law | Date: | Hits: 77
Signage Vs. Commissioner of Customs and others, 2010, 39 CLC (HCD)
....es Referred to- Intertek Testing Services International Limited Vs. National Board of Revenue, 55 DLR 691; Chemico Laboratories Ltd. Vs. Government of Bangladesh, 11 MLR (AD) 192; Megh Rai Vs. Rupchand Uttamch, AIR 1946 Lahore (Full Bench) 281. Lawyers Involved: Md. Junayed Ahmed Chowdhury,......0. Result: The rule is made absolute in part. Cases Referred to- Intertek Testing Services International Limited Vs. National Board of Revenue, 55 DLR 691; Chemico Laboratories Ltd. Vs. Government of Bangladesh, 11 MLR (AD) 192; Megh Rai Vs. Rupchand Uttamch, AIR 1946 Lahore (Full Bench...... no legal effect. And the rule issued in relation to the allocation of fixation of a separate service code is hereby discharged. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 137. ..Category: Fiscal/Taxation Law | Date: | Hits: 168
Masum and others Vs. State, 2009, 38 CLC (HCD)
....-appellants, as alleged in the FIR. Then, referring to the deposition of the prosecution witnesses (P.W.), he further submits that P.W.1 himself admits that he had prepared the seizure list beforehand and sum up, arguing that, the prosecution evidence considered in its entirely, is contradicto......lice team challenged their presence and the said 3 persons tried to flee away, but they were apprehended and on interrogation in presence of the witnesses, a country made .22 bore revolver was recovered and seized from the waist of the convict-appellant Masum, three cartridges of gun were seized......liberty at once if not wanted in connection with any other case. Send down the Lower Court Records. Communicate the order at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 133. ..Category: Criminal Law | Date: | Hits: 75
Bangladesh Legal Aid and Services Trust (BLAST) Vs. Bangladesh and others, 2010, 39 CLC (HCD)
.... to costs. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 124. ......itted to protecting and promoting human and fundamental rights of the poor and disadvantaged groups in keeping with the spirit of the Constitution, and striving to establish the Rule of law and good governance in the society by empowering the weaker and vulnerable segments to establish their rig......at the cost of the Office immediately for information and compliance with the same. However, there would be no order as to costs. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 124. ..Category: Labour and Industrial Law | Date: | Hits: 163
Md. Altab Hosen and others Vs. Md. Muhammad Ali and others, 2005, 34 CLC (HCD)
.... his training period, the defendant No.10 was functioning as Head Master in charge. The plaintiff demanded all papers concerning formation of Managing Committee from the defendant No.10 and the later handed over some papers to the plaintiff but the paper concerning formation of Managing Committee wa......ng, inter alia, that the people of Shalaudi village of Baruhadia union under police station Pakundia, Distsrict Kishorganj established a primary school in the year 1985 under the name "Shaluadia Non-Government Primary School". For smooth management of the School, a Managing Committee was formed. Tha......laudi village of Baruhadia union under police station Pakundia, Distsrict Kishorganj established a primary school in the year 1985 under the name "Shaluadia Non-Government Primary School". For smooth management of the School, a Managing Committee was formed. That committee appointed the plaintiff as..Category: Civil Law | Date: | Hits: 107
State Vs. Arman Ali and another, 2008, 37 CLC (HCD)
....d illegal in view of the facts and circumstances and as such the same is liable to be set aside. 15. Mr. S. M. Shahjahar Kabir, the learned Assistant Attorney General for the State, on the other hand, submits that the prosecution has proved its case against the accused persons by the most con......im before the Magistrate, First Class for recording his confessional statement under section 164 of the code of Criminal Procedure and as per his pointing out, the dead body of victim Biplob was recovered, Accused Arman confessed that he along with accused Toser, Talu, Ali, Asmot, Sabder and Naru ......- in default to suffer rigorous imprisonment for 6 (six) months. Send down the L.C.R. at once. Muhammad Abdul Hafiz J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 47. ..Category: Criminal Law | Date: | Hits: 106
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