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State Vs. Dr. Md. Nurul Islam, 2011, 40 CLC (HCD)
.... rod, dealt a blow on his head causing severe injury. Other accused persons being armed with lathi and other weapons inflicted assaults on others who accompanied the deceased. Accused Ashraf was also holding a gun with him at that time. Then Togor was taken to Naogaon hospital by ambulance when the ......eath. 13. P.W. 12 Dr. S. A. Faruk who held Post Mortem Examination on the dead body of the deceased, found multiple small rounded penetrating injuries of confused lacerated type discretely present over face, neck, anterior chest wall, anterior aspect both arms, anterior abdominal wall, anterior a..Category: Criminal Law | Date: | Hits: 104
State Vs. Md. Saiful Huq @ A. Saiful and 6 others, 2012, 41 CLC (HCD)
....uest report, Ext. 2 that the miscreants of Keraniganj Police Station chopped Ratan and in that injured condition he was taken to Mitford Hospital for treatment by one Ashraful and that at the time of holding inquest one Md. Moinuddin, a maternal uncle of the deceased, identified the dead body but ne......or the State submits that about one month prior to the alleged occurrence there was a quarrel between Amani, Caretaker of Momtaz Mia’s Tank with Towfiz, the Caretaker of the deceased Ratan’s Farm over grazing by cattles which was reported to the deceased, Ratan whereupon Ratan slapped Amani and ..Category: Criminal Law | Date: | Hits: 93
Abdur Rahman Molla Vs. State, 1998, 27 CLC (HCD)
....ot entitled to get 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 b......ce seriously affecting his personal liberty and if they succeed he would suffer irreparable loss and harm and injury. It is the further case of the petitioner that Magistrate being controlled by the Government he apprehends that he would not be properly and legally dealt with and he has reasons to b..Category: Criminal Law | Date: | Hits: 93
Shainpukur Holding Ltd. Vs. Security Exchange Commission, 1997, 26 CLC (HCD)
.... systemic deficiencies the conduct of trade which may have contributed to the recent abnormal fluctuations in the prices in securities in the market and shall submit its findings to the SEC.” After holding enquiry the said Committee submitted its report on 27-3-97 to the SEC. From Chapter V of the......round giving rise to the criminal proceedings against the respective 1st party accused persons and the law relating to the same. Securities and Exchange Ordinance was promulgated by the then Central Government of Pakistan in 1969 for the protection of investors, regulation of markets and dealing in ..Category: Business or Commercial Law | Date: | Hits: 219
....twali Chittagong. Their further case is that in the Certificate Sale it was wrongly shown that P.S. Plot No.108 appertained to P.S. Khatian No.18 created after amalgamation and consolidation of the holdings held by H.E. Percival, because, such amalgamation was done without giving any notice to the......4-12-73 belonging to H.E. Percival recorded in P.S. Khatian No.18 consisting of P.S. Plot No.108, 116,117, 119 and 121 when the said holding was sold for arrears of rent under the Public Demands Recovery Act. Possession was delivered to the appellant on 11-2-74 and since then he was exercising var..
Category: Property Law | Date: | Hits: 128
Nasiruddin Ahmed Pintu (Md.) Vs. State, 2010, 39 CLC (HCD)
.... RAB personnel in a drive recovered 8 feet length 73 sheets and 18 cut pieces of 8 feet length 6 sheets of Government relief corrugated sheets (CI sheets) from the roof of Baitul Mamur Jame Mosque at holding No.108/1/A of Bhagalpur Lane. On query he came to know that the petitioner, former Parliam......ner Md. Nasiruddin Ahmed Pintu, former member of the Parliament, alleging, inter alia, that on 21-3-2007 around 1-30 PM while he (informant) with some constables was in patrol duty received a message over wireless sent from Hazaribag Police Station that some Government relief corrugated iron sheets ..Category: Criminal Law | Date: | Hits: 230
Sayeed Ahmed Chowdhury and others Vs. SM Zahidul Islam (Zahid) & another, 2011, 40 CLC (HCD)
....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. ......- and his last post was Assistant Quality Assurance Manager, but according to him he had no Administrative and supervisory powers. That on 29-11-2007 forcibly he was made to sign a resignation letter over which he lodged a GD Entry on 30-11-2007 in Gulshan Police Station; that he was entitled to get..Category: Labour and Industrial Law | Date: | Hits: 201
Dr. Kamal Hossain and others Vs. State, 2010, 39 CLC (HCD)
....িবেন। Accordingly the petition of complaint was sent to the Officer-in-charge, Shahbagh Police Station. On 5-12-2006 at 16-30 hours police recorded the first information report without holding any investigation or inquiry as directed by the learned Chief Judicial Magistrate, Dhaka. It...... 2010. Result: The rule is made absolute. Cases Referred to- Muslimuddin Vs. State, 38 DLR (AD) 31; Paran Chadra Barai Vs. State, 2 BCR 292, (Para-II); 6 BCR (AD) 225; Afzalul Abedin Vs. Government of Bangladesh, 10 BLT 490=8 BLC 601. Lawyers Involved: Mahmudul Islam with Probir Ne..Category: Criminal Law | Date: | Hits: 132
MA Bari Vs. Chairman, Bangladesh Water Development Board (BWDB) and others, 1998, 27 CLC (HCD)
....velopment Board by relieving him from the post of Section Officer (Protocol) and, as such, the Rule is liable to be discharged. 7. The whole argument of Mr. B Hossain is that the petitioner though holding the additional and current charge of a post equivalent to a Section Officer since 1988 canno......eing unconstitutional is liable to be set aside. The whole argument of Mr. Majumder is that admittedly the petitioner was promoted to the regular higher post of Section Officer (Protocol) as his lien over the post of Upper Division Assistant was automatically terminated as per Rule 13(2) of the Bang..Category: Employment/Service Law | Date: | Hits: 184
.... provide any principle or guideline for the exercise of discretion by the Government when it proposes to retire a Government servant from amongst a group of Government servants similarly situated and holding similar jobs, there invariably exists the scope for arbitrary exercise of such discretion.
......372.
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Category: Property Law | Date: | Hits: 150
Major General Moinul Hossain Chowdhury Vs. Government of Bangladesh and others, 1997, 26 CLC (HCD)
....itioner was appointed as Adjutant General of the Bangladesh Army in 1977 with the rank of Brigadier and was Chairman of the Governing Body of the Bangladesh Cadet Colleges. 4. The petitioner while holding the post of Major General having been promoted on 8-8-80 his service was placed at the dispo...... High Court Division (Special Original Jurisdiction) Present: AM Mahmudur Rahman J Abu Sayeed Ahammed J Major General Moinul Hossain Chowdhury………………Petitioner Vs. Government of Bangladesh represented by the Secretary and others………………Respondents Judg..Category: Employment/Service Law | Date: | Hits: 244
A.S.S. Mohammad Ali Vs. State and another, 1983, 12 CLC (AD)
....e appellant canvassed that cognizance of a complaint by private person could not be taken without the prior sanction of the appropriate authority and the High Court Division committed an error by not holding that such prosecution is illegal. Mr. Fazlul Karim drew our pointed attention to the backgro......the proceeding against the appellant which has been narrated above. 10. It is common ground that the "prescribed authority" in the case of the Zilla Parishad is the Commissioner under the Local Government Ordinance, 1976. Section 80 provides that no Court shall take cognizance of any offence un..Category: Criminal Law | Date: | Hits: 81
Biswaswar Das Karmakar & others Vs. Sasanka Moban Das Karmakar & others, 1982, 11 CLC (AD)
...." 9. Being aggrieved by the judgment and order of the High Court Division the defendant-appellant moved this Court and obtained leave to consider whether the High Court Division was right in not holding that the executor of the will had abandoned his claim for propounding the will and whether, ......equence of events narrated by the witness; even so, it is clear from his evidence that the will was written by Ramesh, Pitambar touched the pen and Ramesh wrote his name on the Will after it was read over to Pitambar and that Ext. 1 is the same will which the witness signed and attested. 20. It i..Category: Property Law | Date: | Hits: 80
Belayet Hossain Vs. Bank Indosuez, 1998, 27 CLC (HCD)
....ts made in the plaint the plaintiff’s suit was hopelessly barred by limitation. 5. The learned trial Court heard both the parties at length and by the impugned order refused to reject the plaint holding that the plaintiff’s suit was within time. 6. Thereafter the defendant has preferred th...... of this Rule are as follows: The opposite party as plaintiff filed Money Suit No.109 of 1991 in the Court of Artha Rin Adalat and Subordinate Judge, 3rd Court, Dhaka against the petitioner for recovery of a sum of Taka 600080.00 3. The case of the plaintiff, in short, is that the defendant, a..Category: Civil Law | Date: | Hits: 121
Moazzem Hossain Vs. State, 1983, 12 CLC (AD)
.... significance of the word 'bias' is "to devote a departure from the standard of even handed justice which the law requires from them who occupy judicial office or those who are commonly regarded as holding a quasi-judicial office, such as an arbitrator". It is well settled that not only bias, even...... Attorney-General committed any contempt by remaining absent on that date. The appeal was not at all ready and there was an Assistant Attorney-General if at all, to answer any query by the Court. Moreover, the Deputy Attorney-General Moazzem Hossain filed a, leave Petition to the Attorney-General pr..Category: Criminal Law | Date: | Hits: 116
....tion under Section 34 of the Ordinance was not maintainable.
The Labour Court, of which Respondent No.1 was the Chairman, and Respondent No.2 and 3 were two other members, made an order on 18-4-73 holding that the said application was maintainable under section 34 of the Ordinance.
4. Appellan......the learned Judge in the instant case, the applicant was an individual worker whose service was terminated and the application under section 34 of the Ordinance appears to have been made for the recovery of the termination benefits to which he claimed to have been entitled and it was held in the s..
Category: Labour and Industrial Law | Date: | Hits: 167
A.F. Shahab Uddin Ahmed Vs. National Shooting Federation and others, 2010, 39 CLC (HCD)
....recting that a person in custody be brought before it so that it may satisfy itself that he is not being held in custody without lawful authority or in an unlawful manner, or (II) requiring person holding or purporting to hold a public office to show under what authority he claims to hold that of......ports and others, 45 DLR 360; R Vs. Titchmarsh, 1915, 22 DLR 272; R Vs. Lowle 1759, 2Bnrn 834; R Vs. Glamarganshire Inhabitants (1700, Ltd. Raym 580); Board of Education Vs. R-ice 1911 AC 179; Local Government Board Vs. Aldridge (1915 AC 120); Draymond Vs. South West Water Authorities (1976 AC 609);..Category: Property Law | Date: | Hits: 159
.... to act contrary to the expectation by statute (R(x) Vs. Head Teacher and Governor of T school (2008 1 ALL E R 249). Threefold justification have been propounded in favour of the negativity. Firstly, holding a public body to an unlawful representation would destroy the ultra vires principle by permi......d EWCA Civ 762); R Vs. Department of Education and Employment, exparte Begbic (2000 1 WLR 1115); R(Bloggs 61) Vs. Secretary of State for Home Department (2003 1 WLR 2724); (R(x) Vs. Head Teacher and Governor of T school (2008 1 ALL ER 249); R Vs. Ministry of Agriculture Fisheries and Food, ex-parte ..
Category: Civil Law | Date: | Hits: 218
SM Kamaluddin Vs. Commissioner of Taxes, 2007, 36 CLC (HCD)
....6 the Deputy Commissioner or Taxes directed Mr. Jalal Uddin Ahmed, an Income Tax Inspector to inquire on the income out of other sources of the applicant and submits detailed report by 29-6-96. After holding inquiry, the inspector submitted a report on 20-7-96. 15. Sub-section (1) of section 83 o......meaning of section 19(3) of the Income Tax Ordinance, 1984; (b) Whether the Department could legally use the Inspector's Report against the assessee without affording him any opportunity to controvert the same; and (c) Whether the provisions of section 19(3) of the Income Tax Ordinance 1984 ..Category: Fiscal/Taxation Law | Date: | Hits: 151
Kazi Asmat Ullah Vs. Belayet Ali Sheikh and others, 2009, 38 CLC (HCD)
....Provincial Government. Section 75A was intended to prevent this eventuality and this intention is made further manifest by the provisions of sub-section (3) thereof which provide that if any person holding land in his Khas possession does not wish to retain the same in his khas he may apply to t......s Shah Alam Vs. Amir Sultan Ali Haider, 38 DLR (AD) 133; Md. Shah Alam Vs. Farida Begum, 2 MLR (AD) 153 = 2 BLC (AD) 92; Additional Deputy Commissioner (Revenue) Vs. Md. Reasuddin Pk, 5 BLC (AD) 76; Government of the Republic of Bangladesh, represented by the Deputy Commissioner Feni Vs. Har Chand..Category: Property Law | Date: | Hits: 123
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