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Obaidullah Khondaker (Sohel) Vs. Government of Bangladesh and others, 2010, 39 CLC (HCD)

....judgment. Let a copy of this Judgment be immediate­ly transmitted to each of the respondents for infor­mation and necessary action. Ed. This Case is also Reported in: 63 DLR (HD) (2011) 144.......r, the respondent No.2 issued a formal lease-order in favour of the petitioner on 6-2-2006. However, a bilateral agree­ment was concluded between the petitioner and the respondent No.2 on 7-2-2006 embodying the terms and conditions of the lease of the Stone Mohal according to the provisions of the ..

Category: Property Law | Date: | Hits: 66

Ataur Rahman (Md.) Vs. Bangladesh and others, 2010, 39 CLC (HCD)

....f the civil executive services, though they are in the service of the Republic. But it does not mean or imply that they enjoy higher status than that of the persons belonging to the defence services, local Government and civil executive services. The service conditions stipulated under Articles 133 ......epresents a vast multitude of persons who cannot come up with Writ Petitions individually on the self-same averments before this Court and over and above, the petitioner is not an interloper or a busybody and he has tried to vindicate the dignity, prestige and honour of the office of the District Ju..

Category: Constitutional Law | Date: | Hits: 270

Abul Basher Chowdhury Vs. Habibur Rahman Mia and others, 1978, 7 CLC (AD)

....on the basis of which the result of the election has been declared was properly made. The appeal is dismissed with no order as to costs. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 297.......on the basis of which the result of the election has been declared was properly made. The appeal is dismissed with no order as to costs. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 297...

Category: Election Law | Date: | Hits: 159

American Life Insurance Company Vs. Dacca Poura Shaba and others, 1978, 7 CLC (AD)

....dules. On the question of the maintain­ability of the Writ Petition the High Court held that the Municipal Committee being a body corporate it could sue or be sued and in such capacity it was also a local authority; and the Municipality having such status, if it was ag­grieved by the order of the ......g of 17% as indicated under the proviso to rule 3(1) of the Model Tax Schedules. On the question of the maintain­ability of the Writ Petition the High Court held that the Municipal Committee being a body corporate it could sue or be sued and in such capacity it was also a local authority; and the M..

Category: Fiscal/Taxation Law | Date: | Hits: 156

Bangladesh Steamer Agent's Association Vs. Bangladesh & others, 1979, 8 CLC (AD)

....g business. 4. There are a number of other organisa­tions viz. Chittagong and Khulna Chambers of Commerce and Industry who are also carrying on the same business of weighment and mea­surement on local territorial basis. 5. The appellant has been discharging the duties connected with LMD serv......udgment of the High Court Division is set aside and the impugned order is set aside as having been passed without any lawful authority. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 272...

Category: Business or Commercial Law | Date: | Hits: 208

State Vs. Monsur Alam alias Mon Miah and others, 2012, 41 CLC (AD)

....urrounded Abdul Awal in the fish market. Mon Mia, Alam and Chora Hossain each had ramdao in their posses­sion, Awlad and Sham Mia each had kirich in their possession, Chootto Mia and Parvez each had local made LG in their possession. Mon Mia struck on the head of Awal with ramdao and he fell to the......z each had local made LG in their possession. Mon Mia struck on the head of Awal with ramdao and he fell to the ground. Alam, Awlad, Sham Mia and Hossain Mia struck the victim on various parts of his body with their respective weapon. The informant saw the occurrence from 8/10 cubits away and went a..

Category: Criminal Law | Date: | Hits: 122

Syed Abdul Ali Vs. Secretary, Ministry of Cabinet Affairs, Establishment Division & others, 1979, 8 CLC (AD)

....the dismissal order has been passed without any lawful authority and is of no legal effect. However, there will be no order as to costs. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 256.......ce and thereafter initiated the procee­ding. A proceeding initiated under P.O. 67 of 1972 cannot be said to be a depart­mental proceeding as the Screening Board under P.O. 67 of 1972 is a statutory body and not a dependent body. 14. It was next contended by the Coun­sel for the respondents th..

Category: Employment/Service Law | Date: | Hits: 107

Nasiruddin Sarkar Vs. Member, Appellate Tribunal & others, 1979, 8 CLC (HCD)

....gment and order of the High Court Division are set aside. The order of conviction and sentence passed against the appellant are quashed. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 310.......f Police of Tongi Police Station where he was found in a group of 15/20 per sons dis­cussing something in a suspicious manner and from whom a pistol with three bullets was recovered on search of his body. First In­formation Report was filed by the said police officer and after completion of invest..

Category: Criminal Law | Date: | Hits: 91

Bangladesh Biman Corpo­ration Vs. Chowdhury Mohammad Yusuf and another, 1979, 8 CLC (AD)

....ority. Since we have found that termination orders were passed without lawful authority, both the appeals are dismissed with costs. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 305. ......Order No.126 of 1972 (Bangla­desh Biman Order of 1972) was promulgated for establishment of a Corporation to be called "Bangladesh Biman Corporation". It was provided that the Corporation shall be a body corporate having perpetual succession and a common seal with power, to acquire, hold and dispos..

Category: Employment/Service Law | Date: | Hits: 123

Md. Hasanul Islam Hanif @ Galcuta Hanif Vs. State, 2011, 40 CLC (HCD)

.... the place of occurrence and reached there at about 22-10 hours. Reaching the place of occurrence, the informant and others arrested the petitioner and carried out a search on his body in presence of local witnesses, namely, Abdul Karim, Md. Mazharul Sikder and Md. Israfil and recovered a revolver a......d others started for the place of occurrence and reached there at about 22-10 hours. Reaching the place of occurrence, the informant and others arrested the petitioner and carried out a search on his body in presence of local witnesses, namely, Abdul Karim, Md. Mazharul Sikder and Md. Israfil and re..

Category: Criminal Law | Date: | Hits: 92

Most. Sufia Chowdhury Vs. Government of the People's Republic of Bangladesh and others, 2010, 39 CLC (HCD)

....itle Suit No.48 of 1986 are hereby affirmed. Let a copy of this Judgment along with L.C.R. be sent to the concerned Court at once. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 130. ......here that both the Courts below have lost their sight to discuss the matter in their respective Judgments. Not only that there is no averment as to this ex-parte decree either in the plaint or in the body of the memo of appeal. It is most surprising enough that the Amalnama and rent receipts filed b..

Category: Property Law | Date: | Hits: 82

Shamsu Miah Vs. State, 2011, 40 CLC (HCD)

....hat she was present beside her mother at the time of delivery. Before sun-rising on 9th Chaitra (meaning the date of occurrence) her mother had delivered a normal baby, which she (P.W.2) informed the local people. On the date of occurrence, the appellant and two others co-accused entered into her mo......g equipped with different lethal weapons came to her house at about 10 p.m. on 23.3.1994 and snatched away the newborn baby from her lap. They had killed the baby by throttling and concealed the dead body. 3. On receipt of the said complaint, the Magistrate sent it to Ashuganj police station with..

Category: Criminal Law | Date: | Hits: 87

Md. Selim Vs. State, 2011, 40 CLC (HCD)

....t the learned Judge of the Tribunal without considering those evidence most illegally convicted the appellant on the basis of only one police witness i.e. P.W.4, who was not corroborated by any other local seizure list witness. Ms. Nahid apprises us that during pendency of the appeal, the appellant ......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)

....Leave granted by the Appellate Division at the instance of the Judgment-debtor-plaintiff to examine, inter alia, whether High Court Division was wrong in taking the view that suit filed in a Court of local jurisdiction in Dhaka is incompetent. Appellate Division took notice of the facts that the cau...... 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. ..

Category: Civil Law | Date: | Hits: 141

Abdul Ali and another Vs. State, 1977, 6 CLC (AD)

....ntractor in connivance with O/C LSD Chowmuhani were realising Tk. 40/- per thousand mds as handling charge as against 20/00 taka per hundred mds. as Govt rate. The petition was enquired by Magistrate locally and submitted report. The same was forwarded to O.C. Begumganj P.S. for taking N a. During p......esident, 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 other body or organization, political or trade union leader or a public ser..

Category: Criminal Law | Date: | Hits: 115

Fazlur Rahman Vs. Rajab Ali and others, 1977, 6 CLC (AD)

.... this Court and dispose of the suit according to law. The petition is accordingly disposed of but there shall be no order as to costs. Ed. This Case is also Reported in: 30 DLR (AD) (1978) 30. ......order is made is dictated by the principle of natural justice to which a Court of law is required to adhere before making any judicial order. It is now well settled that whenever a Court or any other body is authorised by law to make an order, which may operate to the prejudice of another, the Court..

Category: Civil Law | Date: | Hits: 111

M H Khandker, Advocate Vs. Bangladesh (for­merly Province of East Pakistan) & another, 1977, 6 CLC (AD)

....of the demand consisted of Development and Relief Tax at the rate of 25% of the rent with effect from 1367 B.S. under the East Pakistan Finance (3rd) Ordinance, 1958 (Ordinance No. LXXXII of 1958), a local rate of 12% with effect from 1367 B.S, under Article 59 of the Basic Democracies Order 1958 an......areas were completely supplanted by the Basic Democratic institutions, namely, Union Councils in the villages. But in areas within the limits of a Municipality or Can­tonment, the relevant Municipal body or Cantonment Board continued to function along side with the Union or Town Com­mittee which w..

Category: Property Law | Date: | Hits: 114

Teli alias Mantu and others Vs. State, 2011, 40 CLC (HCD)

....st. Monwara 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...... 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. ..

Category: Criminal Law | Date: | Hits: 103

Al-Amin Vs. State, 2011, 40 CLC (AD)

....nfessing accused also have not implicated him directly although they have implicated some other accused persons. The High Court Division though noticed that the informant lodged a G.D. entry with the local police station alleging that the petitioner after being enlarged on ad interim bail threatened...... liberty to take the petitioner into custody if he misuses of privilege of bail. This petition is disposed of with the above observations. Ed. This Case is also Reported in: 9 ADC (2012) 84. ..

Category: Criminal Law | Date: | Hits: 96

Shameem Ara and others Vs. Government of Bangladesh and oth­ers, 2011, 40 CLC (AD)

....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. ......le College. As a Government College, the Principal, Vice-Principal, Lecturers and Teachers were deputed to the Jagannath College by the Government, whereas any University is an independent autonomous body which appoints its own teaching staff, officers and workers. This is gathered from sub-sections..

Category: Employment/Service Law | Date: | Hits: 134