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Wing Commander M Hamidullah Khan Bir Protik Vs. Bangladesh and others, 2011, 40 CLC (HCD)

....t amendment when it has been incorporated in the Constitution Amendment Bill to the effect that the bill seeks to amend the Constitution so as to enable the State to make laws to provide for trial of persons accused of committing genocide, crimes against humanity, war crimes and other crimes under i...... against the petitioner, if he is so advised. In the facts and circumstances above, the instant writ petition is rejected summarily. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 491.......e facts and circumstances above, the instant writ petition is rejected summarily. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 491....... against the petitioner, if he is so advised. In the facts and circumstances above, the instant writ petition is rejected summarily. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 491...

Category: Constitutional Law | Date: | Hits: 314

Principal, Barguna Darul Ulum Nesaria Alia Madrasha Vs. Secretary, Ministry of Health and others, 2002, 31 CLC (HCD)

....py of this judgment and order be communicated to the learned Senior Assistant Judge, Barguna for his information and necessary action. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 542....... "42. Discretion of Court as to Declaration of Status or Right.- Any person entitled to any legal character, or to any right as to any property, may institute a suit against any person denying, or interested to deny, his title to such character or right, and the Court may in its discretion make t...... information and necessary action. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 542.......py of this judgment and order be communicated to the learned Senior Assistant Judge, Barguna for his information and necessary action. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 542...

Category: Procedural Law | Date: | Hits: 146

Mamun Akbar Vs. State and another, 2012, 41 CLC (AD)

....used-petitioner admittedly executed bainapatra in favour of the complainant and thereafter suppressing the existence of that bainapatra executed two separate powers of attorney in favour of two other persons in respect of the same land. In this regard, the High Court Division observed that this alle...... infirmity in the impugned judgment and order passed by the High Court Division. Accordingly, the criminal petition for leave to appeal is dismissed. Ed. This Case is also Reported in:......ngly, the criminal petition for leave to appeal is dismissed. Ed. This Case is also Reported in:...... infirmity in the impugned judgment and order passed by the High Court Division. Accordingly, the criminal petition for leave to appeal is dismissed. Ed. This Case is also Reported in:..

Category: Criminal Law | Date: | Hits: 90

Director General, Bangladesh Railway and others Vs. Niaz Mohammad Ali and others, 2012, 41 CLC (AD)

.... they are barred to be promoted in the Guard Grade II posts. The writ petitioners claimed that the impugned order was ex-facie illegal, malafide, discriminatory and without any lawful authority. Many persons who were similarly situated with the writ petitioners had been earlier allowed to sit for ex......ration of Bangladesh Railway”. Security of Tk. 1000/- is to be deposited within 1 (one) month. Preparation of paper book, as prayed for, is dispensed with. This Case is also Reported in: ......in 1 (one) month. Preparation of paper book, as prayed for, is dispensed with. This Case is also Reported in: ......ration of Bangladesh Railway”. Security of Tk. 1000/- is to be deposited within 1 (one) month. Preparation of paper book, as prayed for, is dispensed with. This Case is also Reported in: ..

Category: Employment/Service Law | Date: | Hits: 222

Administrative Officer, Hou­sing Settlement, Chittagong & others Vs. Abdur Rashid Chowdhury and others, 2011, 40 CLC (HCD)

....et aside. The suit is dismissed without any order as to costs. The office is directed to send down the lower Court's record at once. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 479....... "42. Discretion of Court as to Declaration of Status or Right.- Any person entitled to any legal character, or to any right as to any proper­ty, may institute a suit against any person denying, or interested to deny, his title to such char­acter or right, and the Court may in its discre­tion ma......record at once. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 479.......et aside. The suit is dismissed without any order as to costs. The office is directed to send down the lower Court's record at once. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 479...

Category: Property Law | Date: | Hits: 118

Ganendra Nath Mondal Vs. Kalipada Mondal and another, 2011, 40 CLC (HCD)

....pre-emptor served interrogatories upon the pre-emptees to disclose the list of the party who have not been impleaded in the case whereupon the pre-emptees in their turn disclosed the names of several persons who were accordingly impleaded in the case, therefore, the appellate Court below was of the ......ght of the observations made in this judgment. Send down the lower Court record at once with a copy of this judgment for compliance. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 449....... of 1998. Judgment Nozrul Islam Chowdhury J.- The Opposite Party Nos. 1 and 2 as pre-emptor brought Miscellaneous Case No.59 of 1993 before the Senior Assistant Judge, Shyam Nagar, Satkhira seeking pre-emption of the case land under section 96 of the State Acquisition and Tenancy Act claim­in......ght of the observations made in this judgment. Send down the lower Court record at once with a copy of this judgment for compliance. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 449...

Category: Property Law | Date: | Hits: 79

Al-Amin Construction Co. Ltd. Vs. Government of the People's Republic of Bangladesh and others, 2001, 30 CLC (HCD)

....l the bidders which are awaiting acceptance by the Government. In the result, the Rule is disposed of with the dove observations. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 510. ...... course of business the Purchase Committee is to recommend award to the lowest bidder (in this case the petitioner-company) and send the same to the Ministry for approval but curiously enough some interested quarters within the Government with a view to awarding the Contract to respondent No.4 w......ernment. In the result, the Rule is disposed of with the dove observations. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 510. ......l the bidders which are awaiting acceptance by the Government. In the result, the Rule is disposed of with the dove observations. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 510. ..

Category: Others | Date: | Hits: 207

Hasina Karim Vs. Bangladesh, 1992, 21 CLC (HCD)

....ith the administration of law or the maintenance of law and order. 20. In the grounds of detention supplied to the detenu certain acts committed by certain organisations and certain unspecified persons have been detailed. In none of these grounds it has been stated that the detenu herself part...... Let this order be communicated to the Deputy Inspector General of Prisons, Rajshahi Central jail, Rajshahi for compliance. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 366. ......General of Prisons, Rajshahi Central jail, Rajshahi for compliance. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 366. ...... Let this order be communicated to the Deputy Inspector General of Prisons, Rajshahi Central jail, Rajshahi for compliance. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 366. ..

Category: Constitutional Law | Date: | Hits: 299

Matiur Rahman (Md.) Vs. Bangladesh & others, 1998, 27 CLC (HCD)

....ir concurrence and agreement with the decision in compliance with relevant Rules in order to abolish 23 Trade Cadre posts which included the 16 posts which would become formally vacant when the seven persons of 11th BCS Trade Cadre, including the petitioner, would be announced surplus. In a similar ......e to superb performance and being surplus officer from another Ministry, the petitioner and the other 6 officers soon became a target of resentment by many of the officers of the respondent No.2. The interested group and vested lobby started a machination as to how this input of fresh blood could be......nsidering the facts and circumstances of the case, we pass no order as to cost. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 357. ......tioners vide Annexure-Z(3) of the writ petition. Considering the facts and circumstances of the case, we pass no order as to cost. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 357. ..

Category: Employment/Service Law | Date: | Hits: 216

Musa Bin Shamsher Vs. Ansarul Huq Ansari & others, 1986, 15 CLC (HCD)

....as a express contract be­tween the accused and the complainant that after receipt of Tk.20 lacs the accused would arrange and supply necessary papers like N.O.Cs., Visas, work permits etc. for 20/22 persons and subsequently the accused said that he was unable to procure the said N.O.Cs Visas etc. f......dvocate for the accused petitioner for giving him time to move the Appellate Division if he so likes. Md. Abdul Jalil J. - I agree. Ed. This Case is also Reported in: 39 DLR (HCD) (1987) 24. ......ppellate Division if he so likes. Md. Abdul Jalil J. - I agree. Ed. This Case is also Reported in: 39 DLR (HCD) (1987) 24. ......dvocate for the accused petitioner for giving him time to move the Appellate Division if he so likes. Md. Abdul Jalil J. - I agree. Ed. This Case is also Reported in: 39 DLR (HCD) (1987) 24. ..

Category: Criminal Law | Date: | Hits: 362

Joinal Abedin Jamal and others Vs. Noor Afza, 2010, 39 CLC (HCD)

....urchaser respondent who was also allowed to put up a signboard in her own name upon express­ing willingness to sell/allot different spaces for mar­ket/office/apartment/car parking to the interested persons. The purchaser respondent was also allowed to obtain clearance certificate from the RAJUK an......er to the purchaser respondent who was also allowed to put up a signboard in her own name upon express­ing willingness to sell/allot different spaces for mar­ket/office/apartment/car parking to the interested persons. The purchaser respondent was also allowed to obtain clearance certificate from t......rged without any order as to cost. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 432. ......nd any merit in this appeal. Hence the appeal is dismissed and the con­nected Rule is also discharged without any order as to cost. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 432. ..

Category: Alternative Dispute Resolution | Date: | Hits: 251

Dr. Md. Mahiuddin Vs. Dr. Hasanuzzaman Chow­dhury and others, 1992, 21 CLC (HCD)

....ferred to the High Court on the certificate, of the Tribunal. It is the High Court which makes an inquiry into the alleged offence sad after hearing any witness who may be against or on behalf of the persons charged offence, and after hearing any statement that may be offered in defence, punish or t......ontempt of Courts Act, 1926 read with Article 108 of the Constitution of the People's Republic of Bangladesh is summarily rejected. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 535.......44 DLR (HCD) (1992) 535.......ontempt of Courts Act, 1926 read with Article 108 of the Constitution of the People's Republic of Bangladesh is summarily rejected. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 535...

Category: Criminal Law | Date: | Hits: 131

Serajul Alam Khan Vs. State, 1992, 21 CLC (HCD)

....argued that the relief claimed in the na­ture of habeas corpus under section 491 CrPC is barred by the provision of sub‑section (3) which runs as follows: "Nothing in this section applies to persons detained under any law for the time being in force providing for preventive detention". ......The Rule is, accordingly, made absolute. Let an advance order be sent to the Superinten­dent, Comilla Central Jail, Comilla. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 603.......n advance order be sent to the Superinten­dent, Comilla Central Jail, Comilla. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 603.......The Rule is, accordingly, made absolute. Let an advance order be sent to the Superinten­dent, Comilla Central Jail, Comilla. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 603...

Category: Criminal Law | Date: | Hits: 156

Anowar Hossain & others Vs. Abul Hossain Molla & others, 1991, 20 CLC (HCD)

.... an element of fraud. Further neither of the two sisters, named above appeared before the trial Court to support the alleged transfer affected on the basis of sale deed Ext. A. They are the competent persons to say if consideration was duly passed or not and if possession of the land covered by Ext.......side and those of the decree and judgment passed by the trial Court are restored. In view of this fact I make no order as to cost. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 597....... Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 597.......side and those of the decree and judgment passed by the trial Court are restored. In view of this fact I make no order as to cost. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 597...

Category: Property Law | Date: | Hits: 122

Abdul Aziz Vs. State, 1990, 29 CLC (HCD)

....ed an FIR with the Sreebordi PS against the present Respondents including others on the accusation that over damage of some jute plants by cattle of the accused there was altercations between accused persons and deceased Mofazzal Hossain and others on June 11th, 1985 and during the scuffle Responden...... the reasons stated above, this appeal has no merit. Accordingly, I dismiss the appeal in limine on the ground of incompetency. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 594. ...... Accordingly, I dismiss the appeal in limine on the ground of incompetency. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 594. ...... the reasons stated above, this appeal has no merit. Accordingly, I dismiss the appeal in limine on the ground of incompetency. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 594. ..

Category: Criminal Law | Date: | Hits: 110

Pubali Bank Limited Vs. Monsur Ali Akanda and others, 1990, 29 CLC (HCD)

.... for regulating conditions of service of workers employed in shops and commercial and industrial establishments excluding those which are owned and directly managed by the Government and in which the persons employed are governed by the Government Servant Conduct Rules and for matters connected ther......nd the suits are dismissed as being barred by law. Regard being had to the facts of the case I, however, make no order as to costs. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 589....... Vs. Ershad Ali Fakir and others ............Opposite Parties Judgment August 30, 1990. Result: The rules are made absolute. Cases Referred to- Md. Shahabuddin Vs. The Janata Bank, 41 DLR 94; Senior Manager, Dosta Textile Mills Ltd. & another Vs. Sudhan......nd the suits are dismissed as being barred by law. Regard being had to the facts of the case I, however, make no order as to costs. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 589...

Category: Labour and Industrial Law | Date: | Hits: 176

State Vs. Abul Kalam Azad, 1995, 22 CLC (HCD)

....d and the accused dealt several blows with dao on Sharifa Khatun and Afsarun Nessa. When they tried to rescue her Nana Tofazzal Hossain Nannu Mia, the accused also dealt several blows by dao on their persons. Hearing hue and cry of the victim, village people assembled there and caught hold of Abul K......sed is absconding the sentence of imprisonment shall from the date of his apprehension by the police or surrender before the Court. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 103. ...... shall from the date of his apprehension by the police or surrender before the Court. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 103. ......sed is absconding the sentence of imprisonment shall from the date of his apprehension by the police or surrender before the Court. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 103. ..

Category: Criminal Law | Date: | Hits: 125

Hussain Mohammad Ershad Vs. State, 1995, 24 CLC (HCD)

.... 7. Mr. Khondker, the learned Advocate appearing for the petitioners submits that the learned Sessions Judge has no power or jurisdiction to limit the number of lawyers to be engaged by the accused persons. The learned Sessions Judge has referred to section 352 of the code of Criminal Procedure fo......been declared as a Court of Sessions by the aforesaid Gazette notification dated 28th August, 1995. Let an advance order be issued. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 95. ......oresaid Gazette notification dated 28th August, 1995. Let an advance order be issued. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 95. ......been declared as a Court of Sessions by the aforesaid Gazette notification dated 28th August, 1995. Let an advance order be issued. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 95. ..

Category: Criminal Law | Date: | Hits: 121

KM Mahmudur Rahman and others Vs. State, 1995, 24 CLC (HCD)

....ate of the first Class who shall be assisted by not less than two or more than four assessors of whom one shall be a person conversant with maritime affairs and the other or others shall be person or persons conversant with navigation of inland ships or mercantile affairs. Thus it appears that Marin......ings of the Marine Court. In the result, the Rule is discharged and order of stay stands vacated. Send down the LC records at once. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 92. ......e Rule is discharged and order of stay stands vacated. Send down the LC records at once. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 92. ......ings of the Marine Court. In the result, the Rule is discharged and order of stay stands vacated. Send down the LC records at once. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 92. ..

Category: Criminal Law | Date: | Hits: 88

Abdur Gafur Vs. State, 1995, 24 CLC (HCD)

....e Penal Code read with section 5(2) of the Anti‑Corruption Act of 1947 and section 2 of the Criminal Law Amendment Act, 1958. 3. It appears from the two petitioners of complaint that the accused persons in collusion with each other had misappropriated Union Parishad properties worth Taka 80,000......he government. In the result, both the Rules are discharged and the orders of stay vacated. Communicate the order to the Court below. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 90.......s are discharged and the orders of stay vacated. Communicate the order to the Court below. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 90.......he government. In the result, both the Rules are discharged and the orders of stay vacated. Communicate the order to the Court below. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 90...

Category: Criminal Law | Date: | Hits: 112