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Niranjan Malaker & another Vs. State, 2009, 38 CLC (HCD)

....erty forthwith if not required to be detained in any other connection. Send down the LCR with a copy of this Judgment at once. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 387. ......n cross-examination he admits that he did not see the occurrence. 19. P.W.11 Md. Dadu Miah, Police Constable carried the dead body of Makhon Chandra Das to Moulvibazar morgue. He states that after holding post-mortem examination he handed over the dead body to the relatives of Makhon Chandra Das...

Category: Criminal Law | Date: | Hits: 75

Abdul Malek Vs. District Co-operative Officer, Cox’s Bazar and others, 1997, 26 CLC (HCD)

....en made without lawful authority and is of no legal effect. In the facts and circumstances of the case there no order as to costs. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 426. ......en made without lawful authority and is of no legal effect. In the facts and circumstances of the case there no order as to costs. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 426. ..

Category: Civil Law | Date: | Hits: 128

Mahboob Uddin Ahmed Vs. Bangladesh Election Commissioner, and others, 1998, 27 CLC (HCD)

....pondent No.1 Bangladesh Election Commission at once addressing it to the Chief Election Commissioner, Bangladesh Election Commission. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 417. ......ion. It is complained by the petitioner that the respondent No.1 Bangladesh Election Commission, knowing fully well that the Election Case is pending before the Tribunal, issued Election Schedule for holding by election vide Notification No.নিফস/পিং/জাঃ সাং-২৯/৯৮/à§..

Category: Election Law | Date: | Hits: 162

Jiban Bima Corporation Vs. Mustafa Hussain & another, 1997, 26 CLC (HCD)

....ost of Taka 2,000.00. The impugned judgment and decree are affirmed. Let the records of the Courts below be sent down immediately. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 411. ......cial Court No.1, Dhaka by the impugned judgment and decree. The learned Subordinate Judge on due consideration of the materials on record affirmed the judgment and decree passed by the learned Munsif holding that the impugned order of dismissal dated 27-9-82 was passed before the conviction order da..

Category: Employment/Service Law | Date: | Hits: 182

Pabna Motor Employees Association Vs. Member, Labour Appellate Tribunal and others, 1991, 20 CLC (HCD)

....eason to quash the judgment and order impeached in this writ petition. The result is: we discharge the Rule. No order as to costs. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 265. ......C to this petition) leading to filing Appeal No.17 of 1986 under section 80) 6f the Ordinance by the respondents 4 and 5 before the respondent 2 who, after consideration of all material documents and holding spot enquiry in the matter, held that all drivers of the Pabna District separated themselves..

Category: Labour and Industrial Law | Date: | Hits: 171

Rehana Ahmed and others Vs. Nahar Shipping Lines Lim­ited, 1990, 19 CLC (HCD)

....pplication is dismissed, but without any order as to costs. The restrictive orders and undertaking passed and given are hereby vacated. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 256.......d of the company by the respondent No.2 at the cost of the petitioners. 8. On 1.9.85 Md. Ashraf Ahmed died leaving behind the petitioners as his only surviving legal heirs. The petitioners are now holding in total 4,600 shares out of total 17,000 shares in the company ‑ In the Board of Director..

Category: Company Law | Date: | Hits: 233

Sazedur Rahman (Md.) Vs. Secretary, Ministry of Establishment, 1998, 27 CLC (HCD)

....is discharged without any order as to cost. The operation of this Judgment be stayed for a period of 15 (fifteen) days from today. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 407. ......titioner. So he is eligible for appointment as Director. The petitioner further claims that he is entitled to get promotion in preference to respondent No.4, the other Deputy Director, as he has been holding the post of Director for the last six months with the full satisfaction of all concerned. Th..

Category: Administrative Law | Date: | Hits: 326

Mostafa Kamal Vs. Chief Election Commissioner and others, 1997, 26 CLC (HCD)

....l before filing of the present Writ Petition before this Court. Accordingly, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 260. ...... of the said Union Parishad on the allegation that the respondent No.7 having been a Government servant contested the said election. But the Chief Election Commissioner ultimately rejected the prayer holding that the same point could be agitated before the Election Tribunal. 3. The result of the ..

Category: Election Law | Date: | Hits: 154

Aftabuddin (Md.) Vs. State and others, 2010, 39 CLC (HCD)

....y to the Law Commission, Old High Court Bhaban. Communicate the order at once to the Court concerned for information and compliance. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 235.......show cause as to why the impugned judgment and order dated 20-11-2001 passed by the learned Metropolitan Additional Sessions Judge, 1st Court, Dhaka in Metropolitan Criminal Revision No.484 of 2001 upholding the judgment and order dated 16-9-2001 passed by the learned Chief Magistrate, Dhaka in Sutr..

Category: Criminal Law | Date: | Hits: 79

Abdul Kader and another Vs. Abdul Aziz having died his heirs; (1) Musammat Masuda Begum and others, 1994, 23 CLC (HCD)

.... In the result, the Rule is discharged without any order as to costs. The stay order earlier passed by this Court is hereby vacated. Ed. This case is also Reported in: 47 DLR (HCD) (1995) 67. ...... 8. In support of his submission that the agreement for re‑transfer must be registered he relied on section 95A of the State Acquisition and Tenancy Act, 1950. It provides that any transfer of a holding or of portion or share thereof either by way of an out and out sale with an agreement to rec..

Category: Property Law | Date: | Hits: 78

Chittagong Port Autho­rity Vs. Ananda Shipyard and Slipways Ltd., 2010, 39 CLC (HCD)

.... award hereby set aside. Accordingly award dated 9-3-06 is hereby set aside. The office directed to communicate the order at once. Ed. This Case is also Reported in: 63 DLR (HD) (2011) 226. ......itration proceeding is total­ly misconceived and award in question is beyond the agreement. He further submitted that the learned Arbitrators acted beyond the contract agreement in passing the award holding that in column 4 of finan­cial offer form there is a bona fide mistake regarding number of ..

Category: Alternative Dispute Resolution | Date: | Hits: 334

Didar Ali and others Vs. Naziur Rahman, 1998, 27 CLC (HCD)

.... Let a copy of this order be communicated to the learned Assistant Judge, 3rd Court, Dhaka for his information and necessary action. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 451.......f‑petitioners without recording any finding to the effect that the suit is not triable by him. Mr. Khan further submits that the learned Assistant Judge erred in law in returning the plaint without holdings any enquiry to ascertain the correct valuation of the suit in terms of sections 8C and 8D o..

Category: Procedural Law | Date: | Hits: 81

Government of the People's Republic of Bangladesh Vs. Rahima Begum and others, 2008, 37 CLC (HCD)

....irmed. Office is directed to send down the records of this case at once with a copy of Judgment for information and necessary action. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 430. ......4 was given to a hat for its extension. On the other hand, the defendant No.7 claimed that he also took settlement of 0.87 acres of land from the schedule property. The trial Court dismissed the suit holding that the plaintiff could not prove the oral settlement and the kabala deed in favour of him...

Category: Property Law | Date: | Hits: 98

Anwar Hossain Khan Vs. Speaker of Bangladesh Sangsad Bhavan and others, 1994, 23 CLC (HCD)

.... absentee members of the parliament without leave of the Parliament is recoverable by appropriate authority upon the processes of law. Ed. This case is also Reported in: 47 DLR (HCD) (1995) 42. ......ocratic activities of a member of Parliament. It is stated that in the 2nd Session of Parliament respondent No. 5 submitted a bill for Parliamentary form of Government incorporating the provisions of holding elections under caretaker Government which is not supported by the major parties and, as suc..

Category: Constitutional Law | Date: | Hits: 344

Advocate Md. Abdul Hamid Vs. Md. Fazlur Rahman, 1997, 26 CLC (HCD)

....hearing the learned Advocate for the petitioner, we find no merit in this application. So, this application is rejected summarily. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 441. ......ner has impleaded all the necessary parties mere impleading the Returning Officer and the Assistant Returning Officer or so to say misjoinder of these the petitioners cannot by itself be a ground for holding that there was total non compliance of the provision of Article 50 of the Order. Furthermore..

Category: Election Law | Date: | Hits: 247

Government of Bangla­desh and others Vs. Jahangir Alam & others, 2011, 40 CLC (AD)

....n law but is just in fact. In the result, all the appeals are dismissed but without any order as to costs. Ed. This Case is also Reported in: 17 BLC (AD) (2012) 115; 32 BLD (AD) (2012) 145. ......rison and number prisoners were charged with offences of breach of discipline and they were variously punished. An allegation of bias was raised and their punishments were challenged. Lord Diplock in holding the legiti­mate expectation of the prisoners, said (Page. 275 C F):— "It is not, and i..

Category: Employment/Service Law | Date: | Hits: 208

Md. Zahurul Islam Vs. Deputy Commissioner, Kushtia and others, 2012, 41 CLC (AD)

....infirmity in the judgment and decree of the High Court Division in dismissing the suit. Accordingly, the leave petition is dismissed. Ed. This Case is also Reported in: 17 BLC (AD) (2012) 106. ......ned Subordinate Judge that the ownership of the 'Ka' scheduled lands was not handed over to defendant No.1 was based on total misreading of the plaint; the learned Subordinate Judge was also wrong in holding that defendant No.1 was not legally entitled to enjoy the market without payment of the valu..

Category: Property Law | Date: | Hits: 105

Mahmudul Huq Vs. Mst Golap Bia & others, 1988, 17 CLC (HCD)

....cussions above, I do not find any substance in this appeal. In the result, this appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 314. ......as a benami or not and that issue having not been framed by the trial Court, the lower appellate Court illegally decided the appeal contrary to the provision of Order 41, Rule 31 of the Code on merit holding that the transaction was not a benami one. The contention is misconceived. In deciding wheth..

Category: Property Law | Date: | Hits: 86

Abul Basar Sowdagar Vs. Aminul Huq & others, 1989, 18 CLC (HCD)

....l. I confirm the judgment and decree passed by the lower appellate Court and dismisses this appeal. There will be no order as to costs. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 312.......nction in that suit and the appeal of the plaintiff against the decree was also dismissed. The plaintiff acquired no title under the kabala from Ataul Huq. 4. The learned Munsif dismissed the suit holding that Md. Rafique was the legal heir of Sirajul Huq and not Ataul Huq. Against that decree th..

Category: Property Law | Date: | Hits: 103

State Vs. Dr. Md. Nurul Islam, 2011, 40 CLC (HCD)

.... a copy of this judgment and order, be sent to the concerned Court below for information and necessary action at once. Md. Emdadul Haque Azad J. - I agree. Ed. This Case is also Reported in: ...... 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 ..

Category: Criminal Law | Date: | Hits: 104