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State Vs. Md. Saiful Huq @ A. Saiful and 6 others, 2012, 41 CLC (HCD)

....Send down the Lower Court Records with a copy of this judgment and order at once for information and necessary action. Md. Emdadul Haque Azad J. - I agree. Ed. This Case is also Reported in: ......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..

Category: Criminal Law | Date: | Hits: 93

Abdur Rahman Molla Vs. State, 1998, 27 CLC (HCD)

....ch Deputy Commissioner, Narail is directed to take steps for his arrest. Communicate the order to the Deputy Commissioner, Narail. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 403. ......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..

Category: Criminal Law | Date: | Hits: 93

Shainpukur Holding Ltd. Vs. Security Exchange Commission, 1997, 26 CLC (HCD)

....the criminal proceedings pending before the CMM Dhaka. In the result, the References are rejected and order of stay stands vacated. Ed This Case is also Reported in: 50 DLR (HCD) (1998) 291. ...... 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..

Category: Business or Commercial Law | Date: | Hits: 219

Md. Khairullah Bhuiyan Vs. Haji Nurul Alam Chowdhury, being dead his heirs: Amena Khatun and others, 1982, 11 CLC (AD)

....ge and that of the High Court Division are set aside and the judgment of the trial Court restored. There will be no order as to costs. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 338. ......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..

Category: Property Law | Date: | Hits: 128

Nasiruddin Ahmed Pintu (Md.) Vs. State, 2010, 39 CLC (HCD)

....se No.15 of 2007 pending in the 1st Court of the Special Judge, Dhaka, is hereby recalled. The case will proceed in accordance with law. Ed. This Case is also Reported in: 63 DLR (HD) (2011) 214....... 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..

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. ......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. ..

Category: Labour and Industrial Law | Date: | Hits: 201

Dr. Kamal Hossain and others Vs. State, 2010, 39 CLC (HCD)

....gment be sent to the Ministry of Home Affairs and the Inspector General of Police. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 204; 16 MLR (HCD) (2011) 343; 30 BLD (HCD) (2010) 400. ......ি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..

Category: Criminal Law | Date: | Hits: 132

MA Bari Vs. Chairman, Bangladesh Water Development Board (BWDB) and others, 1998, 27 CLC (HCD)

....nnexure-I to the petition has been passed without any lawful authority and is to be of no legal effect. No order is made as to cost. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 390.......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..

Category: Employment/Service Law | Date: | Hits: 184

Karamat Ali and others Vs. Government of People’s Republic of Bangladesh and others, 1997, 26 CLC (HCD)

..... The respondents directed to exclude the property from ‘Kha’ list within 60 (sixty) days from the date of receipt of this order. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 372. ...... 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. ..

Category: Property Law | Date: | Hits: 150

Major General Moinul Hossain Chowdhury Vs. Government of Bangladesh and others, 1997, 26 CLC (HCD)

.... also suffers from inordinate delay. For the above discussion, we reject this petition in limine without any order as to costs. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 370. ......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..

Category: Employment/Service Law | Date: | Hits: 244

A.S.S. Mohammad Ali Vs. State and another, 1983, 12 CLC (AD)

....he High Court Division is set aside and the proceeding in Special Case No.15 of 1980 pending before the Special Judge, Bogra is quashed. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 324.......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..

Category: Criminal Law | Date: | Hits: 81

Biswaswar Das Karmakar & others Vs. Sasanka Moban Das Karmakar & others, 1982, 11 CLC (AD)

.... before us, the contentions of the learned Counsel for the appellant do not seem to be convincing. The appeal is dismissed with costs. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 315. ......" 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, ..

Category: Property Law | Date: | Hits: 80

Belayet Hossain Vs. Bank Indosuez, 1998, 27 CLC (HCD)

....il Procedure is not maintainable and accordingly the same is liable to fail. The Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 431. ......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..

Category: Civil Law | Date: | Hits: 121

Moazzem Hossain Vs. State, 1983, 12 CLC (AD)

....fructuous order. Syed Md. Hossain Ali, J.- I fully agree with my learned brother Shahabuddin Ahmed, J. I find hardly anything to add. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 290....... 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..

Category: Criminal Law | Date: | Hits: 116

M/s. Railway Men's Stores Ltd., & another Vs. Chairman, La­bour Court, Chittagong & another, 1977, 6 CLC (AD)

....of the Constitution. In the result, the appeal is allowed without any order as to costs. The order of the Labour Court is set aside. Ed. This Case is also Reported in: 30 DLR (AD) (1978) 251. ......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..

Category: Labour and Industrial Law | Date: | Hits: 167

A.F. Shahab Uddin Ahmed Vs. National Shooting Federation and others, 2010, 39 CLC (HCD)

....h such a glory. The respondents are restrained from leasing the subject property to anybody under any circumstance. Sheikh Md. Zakir Hossain J. - I agree. Ed. This Case is also Reported in:......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..

Category: Property Law | Date: | Hits: 159

Alhaj Advocate Ahmed Ullah Foundation Vs. Dhaka City Corporation, Represented by the Mayor, Nagor Bhaban, Dhaka and others, 2011, 40 CLC (HCD)

....nt and the garden the petitioner has erected and set up, and to allow the petitioner to maintain the same, unhindered. Gobinda Chandra Tagore J. - I agree. Ed. This case is also Reported in: ...... 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..

Category: Civil Law | Date: | Hits: 218

SM Kamaluddin Vs. Commissioner of Taxes, 2007, 36 CLC (HCD)

.... questions in the negative and against the revenue department and in favour of the assessee. The par­ties shall bear their own cost. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 191. ......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..

Category: Fiscal/Taxation Law | Date: | Hits: 151

Kazi Asmat Ullah Vs. Belayet Ali Sheikh and others, 2009, 38 CLC (HCD)

....nt and decree passed by the Court below are set aside. The suit is dismissed. Send down the lower Courts records immedi­ately. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 173. ......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..

Category: Property Law | Date: | Hits: 123

Sheikh Hasina Wazed alias Sheikh Hasina Vs. State and another, 2010, 39 CLC (HCD)

....o.3 of 2008, now pending in the Court of Special Judge, Court No.1, Dhaka be quashed so far as it relates to the accused petitioner. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 162. ......o.3 of 2008, now pending in the Court of Special Judge, Court No.1, Dhaka be quashed so far as it relates to the accused petitioner. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 162. ..

Category: Criminal Law | Date: | Hits: 156