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Mofazzal Hossain Chowdhury Maya Vs. The State, 2010, 39 CLC (HCD)
.... of the Act. The concerned authorities on realizing this error, tried to cover it up by inserting sub-section (2) in section 18 on 18.4.2007, by Ordinance No.VII of 2007. Sub-section (2) provides for post facto ratification of the acts done by the officers of the Commission during the period from 7.......der passed for confiscation of the property of the appellant is also set aside. Let the appellant be discharged from his bail bond. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 156.......der passed for confiscation of the property of the appellant is also set aside. Let the appellant be discharged from his bail bond. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 156.......der passed for confiscation of the property of the appellant is also set aside. Let the appellant be discharged from his bail bond. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 156...Category: Criminal Law | Date: | Hits: 133
Shamsu Miah Vs. State, 2011, 40 CLC (HCD)
....ellant is acquitted of charge leveled against him. He is also released from his bail bond. Send down the lower Court records. Naima Haider J. - I agree. Ed. This case is also Reported in: ......ellant is acquitted of charge leveled against him. He is also released from his bail bond. Send down the lower Court records. Naima Haider J. - I agree. Ed. This case is also Reported in: ......ere born. Thereafter the said Ayat Ali died leaving her in a helpless condition. At that stage, she was maintaining her livelihood by joining Road Maintenance Project (briefly R.M.P) under Araishidha Union Parishad. The appellant being a Member of the Union Prishad tried to allure her giving more wh......rn. Thereafter the said Ayat Ali died leaving her in a helpless condition. At that stage, she was maintaining her livelihood by joining Road Maintenance Project (briefly R.M.P) under Araishidha Union Parishad. The appellant being a Member of the Union Prishad tried to allure her giving more wheat an..Category: Criminal Law | Date: | Hits: 87
Md. Selim Vs. State, 2011, 40 CLC (HCD)
....tated above, we do not find any merit in the appeal. Accordingly, the appeal is dismissed. Send down the lower Court records. Naima Haider J. - I agree. Ed. This Case is also Reported in: ......rrested the accused, recovered the arms and weapons, lodged the ejahar and investigated the case. The testimony of a police man cannot be discarded simply because he belongs to police force or, was a member of the raiding party. 10. Our common experience is that in most of the arms cases, the sei......tated above, we do not find any merit in the appeal. Accordingly, the appeal is dismissed. Send down the lower Court records. Naima Haider J. - I agree. Ed. This Case is also Reported in: ......tated above, we do not find any merit in the appeal. Accordingly, the appeal is dismissed. Send down the lower Court records. Naima Haider J. - I agree. Ed. This Case is also Reported in: ..Category: Criminal Law | Date: | Hits: 94
Arab Bangladesh Bank Ltd. Vs. Md. Salauddin and others, 2010, 39 CLC (HCD)
....der/1972, Appellate Division held by majority decision that the suit is not maintainable. In Manir Ahmed's case (8 BLD 241) relied on by Mr. Razzaque, acceptance of nomination paper for the post of Chairman, Union Parishad was challenged in a suit in view of the disqualif...... 2nd Court, Narayanganj is hereby set aside and the plaint of Title Suit No.31 of 2002 is rejected. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 97, 118; 16 BLC (HCD) (2011) 277, 293. ......sion held by majority decision that the suit is not maintainable. In Manir Ahmed's case (8 BLD 241) relied on by Mr. Razzaque, acceptance of nomination paper for the post of Chairman, Union Parishad was challenged in a suit in view of the disqualifying clause laid down in...... majority decision that the suit is not maintainable. In Manir Ahmed's case (8 BLD 241) relied on by Mr. Razzaque, acceptance of nomination paper for the post of Chairman, Union Parishad was challenged in a suit in view of the disqualifying clause laid down in the Electio..Category: Civil Law | Date: | Hits: 141
S.M. Kamaluddin Vs. Chairman, First Labour Court, Dhaka and others, 2011, 40 CLC (AD)
....1.07.1986 as a steward of Pan Pacific Hotel Sonargaon and his job was made permanent on 07.01.1987. He continued in employment to the satisfaction of the employers and was duly promoted to the higher post of Buse Person. In addition, he was elected a member of the Adhoc Executive Committee of the So......on and his job was made permanent on 07.01.1987. He continued in employment to the satisfaction of the employers and was duly promoted to the higher post of Buse Person. In addition, he was elected a member of the Adhoc Executive Committee of the Sonargaon Hotel Sramic-O-Karmachari Union (SHSOKU) in......satisfaction of the employers and was duly promoted to the higher post of Buse Person. In addition, he was elected a member of the Adhoc Executive Committee of the Sonargaon Hotel Sramic-O-Karmachari Union (SHSOKU) in 1991. Due to his trade union activities the petitioner fell into dis-favour of t......e impugned judgment of the High Court Division does not call for any interference by this Division. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 9 ADC (2012) 255...Category: Labour and Industrial Law | Date: | Hits: 183
Meher Negar Vs. Mojibur Rahman, 1994, 23 CLC (HCD)
....nder. (2) Where a Family Court passes a decree for the dissolution of a marriage solemnized under the Muslim Law, the Court shall within seven days of the passing of the decree, send by registered post a certified copy of the same to the appropriate Chairman referred to in section 7 of the Muslim......ecifically in sub‑sections (2) and (3) of section 23 of the Ordinance of 1985. But this, in our opinion, does not mean that the provisions of the Family Courts Ordinance, 1985 are applicable to the members of the Muslim Community only and not to other communities which constitute the populace of B...... Motion No. 13 of 1987 is hereby set aside and that of the Magistrate, Kalkini passed in Miscellaneous Cass No. 42 of 1986 is restored. Ed. This Case is also Reported in: 47 DLR (AD) (1995) 18. ...... Motion No. 13 of 1987 is hereby set aside and that of the Magistrate, Kalkini passed in Miscellaneous Cass No. 42 of 1986 is restored. Ed. This Case is also Reported in: 47 DLR (AD) (1995) 18. ..Category: Family Law | Date: | Hits: 215
American Bureau of Shipping Vs. Commissioner of Taxes (South) Zone, Chittagong, 1994, 23 CLC (HCD)
....l dispose of these three Reference applications namely, Application Nos. 80, 81 and 82 of 1992. There shall be no order as to costs. Ed. This Case is also Reported in: 47 DLR (HCD) (1995) 1. ......l dispose of these three Reference applications namely, Application Nos. 80, 81 and 82 of 1992. There shall be no order as to costs. Ed. This Case is also Reported in: 47 DLR (HCD) (1995) 1. ......ation Vs. Kirk, 1900 AC 588 (PC); CIT Vs. Ahmedbhai Umarbhai & Co.; Anglo‑French Textile Co. Ltd., (1954) 25 ITR 27 (SC); International Harvester Co. Ltd. Vs. Provincial Tax Commissioner; Motor Union Insurance Co. Ltd. Vs. Commissioner of Income Tax, Bombay, 1945 ITR 272. Lawyers Involved: ......l dispose of these three Reference applications namely, Application Nos. 80, 81 and 82 of 1992. There shall be no order as to costs. Ed. This Case is also Reported in: 47 DLR (HCD) (1995) 1. ..Category: Fiscal/Taxation Law | Date: | Hits: 159
Abdul Ali and another Vs. State, 1977, 6 CLC (AD)
....nherent jurisdiction. The exercise of this jurisdiction will depend upon the facts and circumstances of each case. Interference even at an Initial stage may be justified where the facts are so preposterous that even on the admitted facts no case can stand against the accused and that a further p...... for corruption and criminal misconduct.— Whoever, being a Vice-President, Minister of State or Deputy Minister, Speaker or Deputy Speaker, Member of Parliament Chairman, Director, Trustee, member or officer of any local authority, statutory corporation or body corporate or of any othe......e with the judgment of brother K. Hossain J. Order of the Court In view of the opinion of the majority the appeal is dismissed. Ed. This Case is also Reported in: 30 DLR (AD) (1978) 58. ......e with the judgment of brother K. Hossain J. Order of the Court In view of the opinion of the majority the appeal is dismissed. Ed. This Case is also Reported in: 30 DLR (AD) (1978) 58. ..Category: Criminal Law | Date: | Hits: 115
Fazlur Rahman Vs. Rajab Ali and others, 1977, 6 CLC (AD)
....statement and the issues having not been framed, the matter regarding maintainability could not be heard. In accordance with the said prayer, the hearing of the matter relating to maintainability was postponed, till after the filing of the written statement by defendant No.1. Defendants No.1, 2 and ......f both the parties. 5. The suit has been instituted on 24-1-77 by respondents No.1 and 2 for a declaration that the election of the petitioner as Chairman and that of Respondents No.5, 6 and 7 as members from Ward No.2 of Satarkul Union Parishad, within police station Gulshan, in Dacca, held on ......espondents No.1 and 2. Since this petition has raised some important questions of procedural law but at the same time the dispute which has arisen in respect of the election to certain offices of a Union Parishad requires very expeditious disposal, we were of the opinion that for the convenience o......ents No.1 and 2. Since this petition has raised some important questions of procedural law but at the same time the dispute which has arisen in respect of the election to certain offices of a Union Parishad requires very expeditious disposal, we were of the opinion that for the convenience of the ..Category: Civil Law | Date: | Hits: 111
....lt, therefore, is that subject to the observation made above, the appeal is dismissed. There shall, however, be no order as to costs.
Ed.
This Case is also Reported in: 30 DLR (AD) (1978) 1.
......successor in interest of persons who have acquired such a right;
(2) "Raiyat" means primarily a person who has acquired a right to hold land for the purpose of cultivating it by himself, or by members of his family or by servants or labourers or with the aid of partners, and includes also the......ner along with the rent or land revenue by the village revenue officials responsible for its collection and the proceeds thereof shall be credited to the local firms of the District Council and the Union Councils in the District in such proportion as may be fixed by the Government from time to tim......lt, therefore, is that subject to the observation made above, the appeal is dismissed. There shall, however, be no order as to costs.
Ed.
This Case is also Reported in: 30 DLR (AD) (1978) 1.
..
Category: Property Law | Date: | Hits: 114
Teli alias Mantu and others Vs. State, 2011, 40 CLC (HCD)
.... leveled against them. They are also released from their bail bonds. Send down the lower Court records. Naima Haider J. - I agree. Ed. This Case is Also Reported in: 21 BLT (HCD) (2013) 287. ......elevant for disposal of the appeal, in brief, are that one Ataur Rahman (P.W.1) made an oral ejahar with Naogaon police station on 20.1.1994 alleging inter alia, that at the previous night he and the members of his family were sleeping. At about 3.15 a.m. his father (P.W.7 Jarip Uddin) cried out as ......nwara Begum was wife of P.W.3; P.Ws.6-7 Jobeda Khatun and Jarip Uddin were his parents; P.W.8 Abu Taleb was his cousin brother; P.W.9 Md. Yakub Ali Dewan was his neighbor and a former Member of local Union Parishad, and P.W.10 Md. Ferdous Ali was the Officer-in-charge of Naogaon Police Station. Afte......Begum was wife of P.W.3; P.Ws.6-7 Jobeda Khatun and Jarip Uddin were his parents; P.W.8 Abu Taleb was his cousin brother; P.W.9 Md. Yakub Ali Dewan was his neighbor and a former Member of local Union Parishad, and P.W.10 Md. Ferdous Ali was the Officer-in-charge of Naogaon Police Station. After clos..Category: Criminal Law | Date: | Hits: 103
Mokbul Hossain and others Vs. State, 2011, 40 CLC (HCD)
....e acquitted of charges leveled against them. They are also released from their bail bonds. Send down the lower Court records. Naima Haider J. - I agree. Ed. This Case is also Reported in: ......e acquitted of charges leveled against them. They are also released from their bail bonds. Send down the lower Court records. Naima Haider J. - I agree. Ed. This Case is also Reported in: ......twenty-two kerosene barrels at courtyard of the shop. Out of the said barrels nineteen were full and three were empty. In the previous night at about 8 p.m. his nephew Ayez and the Chairman of Bohail Union Parishad Md. Altaf Hossain were stuck off with their motorbikes because of heavy rain fall and......-two kerosene barrels at courtyard of the shop. Out of the said barrels nineteen were full and three were empty. In the previous night at about 8 p.m. his nephew Ayez and the Chairman of Bohail Union Parishad Md. Altaf Hossain were stuck off with their motorbikes because of heavy rain fall and kept ..Category: Criminal Law | Date: | Hits: 105
Shameem Ara and others Vs. Government of Bangladesh and others, 2011, 40 CLC (AD)
.... date back to 1874 when it was set up as Jagannath School and later transformed into Dhaka Jagannath College. In 1968 the Government nationalized the said college. In 1975 graduation with honours and post-graduation degree courses were introduced in the College and by the Jagannath University Act, 2......t find any cogent reason to interfere with the impugned judgment of the High Court Division. Accordingly, these petitions are dismissed. Ed. This Case is also Reported in: 9 ADC (2012) 78. ......t of Bangladesh and others...................Respondents (In all the cases) Judgment July 24, 2011. Result: The petitions are dismissed. Case Referred to- Council of Civil Service Union and others Vs. Minister for the Civil Service, 1985 (AC) 374. Lawyers Involved: Abdul ......t find any cogent reason to interfere with the impugned judgment of the High Court Division. Accordingly, these petitions are dismissed. Ed. This Case is also Reported in: 9 ADC (2012) 78. ..Category: Employment/Service Law | Date: | Hits: 134
State Vs. Jahangir Mallik, 2008, 37 CLC (HCD)
....used persons also beat him causing his death. Above ocular evidence of competent witnesses is fully supported and corroborated by the relevant documentary evidence like inquest report (Exhibit 8) and post mortem report (Exhibit 4). On the other hand, the defence version that victim Ansar Mallik sust......n version is also required to be judged taking into account the overall circumstances of case with a practical, pragmatic and reasonable approach in the appreciation of evidence. It is always to be remembered that the graver the charge, the greater is the standard of proof required. The doctrine of ......onment for life and pay a fine of Taka 5000 in default to suffer rigorous imprisonment for 6(six) months. Send down the LCR at once. Ed. This Case is also Reported in: 15 BLC (HCD) (2010) 67. ......onment for life and pay a fine of Taka 5000 in default to suffer rigorous imprisonment for 6(six) months. Send down the LCR at once. Ed. This Case is also Reported in: 15 BLC (HCD) (2010) 67. ..Category: Criminal Law | Date: | Hits: 87
Pubali Bank Ltd. Vs. Farzana Begum and another, 2009, 38 CLC (HCD)
....nst the loan deposing that the defendant No. 1 signed all those documents (Exhibit 3 series). Exhibit 4 is legal notice dated 8-3-1983 showing that it was sent to the defendant No. 1 under registered post asking her to pay debit balance of Taka 1,33,000. On 25-8-1984, the defendant No. 1 sent reply ......and realise the same through the process of law. Send down the LCRs along with a copy of the judgment to the Court below immediately. Ed. This Case is also Reported in: 15 BLC (HCD) (2010) 49.......and realise the same through the process of law. Send down the LCRs along with a copy of the judgment to the Court below immediately. Ed. This Case is also Reported in: 15 BLC (HCD) (2010) 49.......and realise the same through the process of law. Send down the LCRs along with a copy of the judgment to the Court below immediately. Ed. This Case is also Reported in: 15 BLC (HCD) (2010) 49...Category: Civil Law | Date: | Hits: 116
Baby Masum & another Vs. Bangladesh Film Development Corporation, 2009, 38 CLC (HCD)
....n of making of the film, the claims payable to FDC stood at Taka 35,93,315 out of which Taka 11,60,000 remained unpaid. At the time of taking delivery of the release-print of the film they issued two post-dated cheques for payment of the unpaid dues. The cheques were presented by the FDC for encashm...... Magistrate, Dhaka is hereby quashed. Send a copy of this judgment to the learned Chief Metropolitan Magistrate, Dhaka immediately. Ed. This Case is also Reported in: 15 BLC (HCD) (2010) 29. ...... Magistrate, Dhaka is hereby quashed. Send a copy of this judgment to the learned Chief Metropolitan Magistrate, Dhaka immediately. Ed. This Case is also Reported in: 15 BLC (HCD) (2010) 29. ...... Magistrate, Dhaka is hereby quashed. Send a copy of this judgment to the learned Chief Metropolitan Magistrate, Dhaka immediately. Ed. This Case is also Reported in: 15 BLC (HCD) (2010) 29. ..Category: Criminal Law | Date: | Hits: 95
....e.
Accordingly, the Award dated 8-4-2006 is hereby set aside.
There will be no order as to costs.
Ed.
This Case is also Reported in: 15 BLC (HCD) (2010) 20; 14 MLR (HCD) (2009) 441.
......566.51, while the present petitioner, as respondent, not only denied the claim, but made a counter claim for Taka 161,75,29,583 along with interest @ 16% Per annum on the awarded sum.
3. The three-member Tribunal comprising of Mr. Justice MH Rahman, a former Head of the Caretaker Government and f......e.
Accordingly, the Award dated 8-4-2006 is hereby set aside.
There will be no order as to costs.
Ed.
This Case is also Reported in: 15 BLC (HCD) (2010) 20; 14 MLR (HCD) (2009) 441.
......e.
Accordingly, the Award dated 8-4-2006 is hereby set aside.
There will be no order as to costs.
Ed.
This Case is also Reported in: 15 BLC (HCD) (2010) 20; 14 MLR (HCD) (2009) 441.
..
Category: Alternative Dispute Resolution | Date: | Hits: 385
State Vs. Anwar Hossain and others, 2008, 37 CLC (HCD)
....-1999 went to the place of occurrence, made inquest of the dead body of the deceased in presence of the informant, his son Gulzur and others and sent the dead body of the deceased to the morgue for post mortem examination. He also seized a bloodstained mat, a broken mobile telephone set of the d......others in BRAC School Club at Jurain Balur Math. He further stated that on that day at 7.15 PM while he was talking in the office of the shop owners co-operative society at Jurain Bazar with other members of the society he received a telephone call of the deceased, who informed him that he was i...... sentenced to imprisonment for life. The jail appeals are accordingly, disposed of. Send down the lower Court's records at once. Ed. This Case is also Reported in: 15 BLC (HCD) (2010) 1. ...... sentenced to imprisonment for life. The jail appeals are accordingly, disposed of. Send down the lower Court's records at once. Ed. This Case is also Reported in: 15 BLC (HCD) (2010) 1. ..Category: Criminal Law | Date: | Hits: 67
....of Bangladesh Forest Industries Development Corporation (in short, BFIDC) Khulna Complex on 01.05.1969 as Assistant Supervisor. In course of his service career the writ petitioner was promoted to the post of Assistant Manager (Administration) of BFIDC. While serving as such, the petitioner was suppl......y ground to interfere with the decision of the High Court Division.
Accordingly, the appeal is dismissed. There is no order as to costs.
Ed.
This Case is also Reported in: 9 ADC (2012) 169.
......………………………………………………..Respondents
Judgment
June 7, 2011.
Result:
The appeal is dismissed.
Case Referred to-
Aluminium Corporation of India Ltd. Vs. Union of India and others, AIR 1975 (SC) 2279.
Lawyers Involved:
Chowdhury Sanwar Ali, Advocat......y ground to interfere with the decision of the High Court Division.
Accordingly, the appeal is dismissed. There is no order as to costs.
Ed.
This Case is also Reported in: 9 ADC (2012) 169.
..
Category: Employment/Service Law | Date: | Hits: 739
Dr. Professor MA Hadi Vs. Bangladesh and others, 1997, 26 CLC (HCD)
....culty of Medicine as he never remained absent for a period, not exceeding 90 days as contemplated under Article 17(2) of the first statutes of the Dhaka University Order, 1973. Therefore, his elected post cannot be taken away before the expiry of the period for which he is elected. The petitioner be......should not be entertained. (2) The Chancellor may reject any such appeal or may, if he thinks fit, appoint an Enquiry Commission consisting of such persons as are not officers of the University or members of any authority thereof, to enquire into the matter and to submit to him a report thereon. ......e the writ petition is discharged on the ground of maintainability we do not think it is necessary to go into the merits of the case. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 218. ......e the writ petition is discharged on the ground of maintainability we do not think it is necessary to go into the merits of the case. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 218. ..Category: Employment/Service Law | Date: | Hits: 120
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