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Ahmed Silk Mills Ltd. Vs. Bangladesh Shilpa Bank, 1989, 18 CLC (HCD)
....ontention he has referred to the case of Bangladesh Shilpa Bank Vs. Bangladesh Hotels Ltd., 38 DLR (AD) 70. 7. Mr. Tofazzal Islam, the learned Advocate for the opposite party, submits on the other hand that the Miscellaneous Case may be a subsequent proÂceeding, but it will proceed in its own wa......injunction from realisÂing Tk.1,10,45, 529/00 from the petitioner and also prayed that the calculation of the Shilpa Bank of the said loan amount be reduced accordingly and a decree be passed for recovery of Tk. 19.38,963.66 against the opposite party. 3. The opposite party filed a written state......ustice and as such it does not call for any interference. In the result, the Rule is discharged but without any order as to costs. Ed. This Case is also Reported in: 42 DLR (HCD) (1990) 140. ..Category: Civil Law | Date: | Hits: 119
Delwar Hossain (Md.) Vs. State, 2009, 38 CLC (HCD)
.... were the police personnel and they being the partisan witnesses, their testimony ought not to have been accepted, as those were not corroborated by any other independent witness. 11. On the other hand, Mr. SM Asadullah Tarique, the learned Assistant Attorney General supported the judgment and or...... saw some persons were sitting in Rafiq's tea stall. Seeing the informant party they tried to flee away, but the information party apprehended accused-Delwar and they made a search on his body and recovered a 0.32 bore revolver loaded with 2 round bullets. On query the accused-Delwar failed to give ......istry of Homes Affairs and Inspector General of Police for future guideline with regard to the investigation. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 32; 30 BLD (HCD) (2010) 490. ..Category: Criminal Law | Date: | Hits: 128
Sheikh Hasina Vs. State & another, 2010, 39 CLC (HCD)
.... exercise of power in the public interest and in the interest of the country and, as such, the same cannot be an offence. It is admitted in the FIR and charge sheet that the petitioner had no role or hand in the selection of Frigate for purchase. Because all the process were completed by the previou......, Dhaka should not be quashed and/or pass such other or further order or orders as to this Court may seem fit and proper. 3. The fact relevant for disposal of the rule, in short, is that the then Government through the Bureau of Anti Corruption lodged FIR with Tejgaon Police Station upon which Te...... খাদি-বিন-ওয়ালিদ। 18. It is reported in Daily Star on 1st July, 2007, where Chief Adviser Dr. Fakruddin Ahmed commented, (Annexure-D-1). "The ship's war weapons, combat management sysÂtem, missile-launching system and other equipÂment are of world class, he said, "So..Category: Criminal Law | Date: | Hits: 106
Rajshahi Girls' High School, Rajshahi and others Vs. Md. Abdul Mannan, 1995, 24 CLC (HCD)
.... she was asked by the Managing Committee to submit a report about the performance of the plaintiff opposite party No.1 and, in that view of the matter, it cannot be said that the Headmistress had any hand in passing the resolution dated 24‑6-86. It is now well settled that in such cases the civil ......ault for which his explanation should be demanded. The management is the sole judge to decide whether the services of a probationary are satisfactory or not and the civil Court cannot sit in Judgment over the decision of the management. The management is, therefore, not bound to adduce evidence as t......rk and conduct is found below the mark then his services are liable to be terminated. Such a termination of service is not punitive and no enquiry is called for. Except in a case of victimisation the management is the sole judge to decide whether his work is satisfactory or not. When the service rul..Category: Employment/Service Law | Date: | Hits: 166
Eliadah McCord Vs. State, 1995, 24 CLC (HCD)
....ped by the dishonest and unscrupulous drugs traffickers whose dishonest drugs business she could not understand before. 11. Mr. M. Shamsul Alam, the learned Deputy Attorney‑General, on the other hand, submits that she might be a teenaged girl, but she had the understanding as to what is objecti......o.1664 of 1993. Judgment Md. Mozammel Hoque J.- This suo motu Rule was issued in Criminal Miscellaneous Case No.2085 of 1995 on 18‑7‑95 directing the secretary, Ministry of Home Affairs, Government of Bangladesh, the Deputy Commissioner, Dhaka, and the DIG (Prison), Dhaka Central Jail, D......icated to the Ambassador of the United States of America in Bangladesh having his office at Baridhara, Gulshan, Dhaka, for information. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 495...Category: Criminal Law | Date: | Hits: 162
Habibur Rahman Bhuiyan (Md.) and others Vs. Galman Begum and others, 2011, 40 CLC (AD)
....€¦â€¦â€¦â€¦â€¦â€¦Respondents Judgment June 15, 2011. Result: The appeal is allowed. Cases Referred to- Abdus Samad Vs. Md. Sohrab Ali, 33 DLR (AD)113; Abdur Rashid Sarker Vs. Dines Chandra Das, 58 DLR (AD) 159; Motilal Sikder Vs. Benodini Basi, 28 DLR (AD) 5; Anwara Khatun Vs. Md. ......mptor's father and later on under her. Pre-emptor requested the respondent No.2, the vendor on difÂferent occasions to partition the joint property left by her parents. Pre-emptor's husband being a Government Servant, she used to stay with her husÂband at different places and so she could not visi......my learned brother Surendra Kumar Sinha J. Courts Order The appeal is allowed by majority decision without any order as to costs. Ed. This Case is also Reported in:64 DLR (AD) (2012) 133. ..Category: Property Law | Date: | Hits: 138
Assistant General Manager, Rupali Bank, Barisal & others Vs. Nazrul Islam Miah, 1986, 15 CLC (HCD)
....t he placed reliance on Abdul Hannan Sikder and others Vs. BanglaÂdesh Bank & others reported in 31 DLR (AD) 298. The learned Advocate for the plaintiff-respondent-opposite parties on that other hand submitted that although there was no acquisiÂtion in the termination order the action taken ag...... to entertain the suit. The case of the defendant-petitioner was that the Bank employees of the country having gone on strike, the services of all the Bank emploÂyees were declared essential by the Government and as the plaintiff-opposite party Nos.1-11 refrained from attending office on and from 1......erfere with the impugned Judgment and decree of the Courts below. Accordingly, the rule is discharged without any order as to costs. Ed. This Case is also Reported in: 39 DLR (HCD) (1987) 167. ..Category: Labour and Industrial Law | Date: | Hits: 186
State Vs. Tajul Islam and 8 others, 1992, 21 CLC (HCD)
.... No.748 of 1990 is dismissed in respect of accused‑appellant Abul Kashem and allowed in respect of 8 other appellants namely, Farooq @ Faikkah, Khelu Miah, Sayeed Miah son of Abdul Karim, Bachuch, Chand Miah, Shobha Miah, Farid Miah and Abdus Sobhan @ Modhu Lal. Jail Appeal Nos.961 of 1990, ......l Code. 2. 32 (thirty‑two) accused‑convicts preferred 10 Criminal Appeals and 14 Jail Appeals. The Death Reference and all these 24 appeals have been heard together and this Judgment would govern all of them. 3. The case of the prosecution, in short, is, that P.W.18 Md. Abul Hashem, ...... a copy of this Judgment be forwarded to the learned Additional Sessions Judge Brahmanbaria, for action in accordance with law. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 305. ..Category: Criminal Law | Date: | Hits: 139
Azizul Huq (Md.) Vs. Chairman, Labour Court, Khulna and Others, 1996, 25 CLC (HCD)
....and of no legal effect and respondent No.2 is directed to reinstate the petitioner in his service with 50% back wages within 60 days. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 527. ......and of no legal effect and respondent No.2 is directed to reinstate the petitioner in his service with 50% back wages within 60 days. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 527. ...... clerk in 1967 by the respondent No.2, Company and he worked in that capacity till 1973 when he was promoted to the post of Assistant Supervisor (Field). On 29‑9‑78 he was charge Âsheeted by the management on the allegation of his committing theft, fraud or dishonesty in connection with the emp..Category: Labour and Industrial Law | Date: | Hits: 162
Maqbular Rahman Jute Mills Limited Vs. Chairman Labour Court and another, 1995, 24 CLC (HCD)
....ned Labour Court to interfere with the quantum of punishment imposed by the domestic tribunal. 8. Mr. Bazlur Rahman Chhana the learned Advocate appearing for the respondent No.2, has, on the other hand, contended that under section 25(1)(b) of the Employment of Labour (Standing Orders) Act, 1965 ......rocedure.‑ (1) Any individual worker (including a person who has been dismissed, discharged, retrenched, laid off or otherwise removed from employment) who has a grievance in respect of any matter covered by this Act and intends to seek redress thereof under this section, shall observe the followi......e without lawful authority and is of no legal effect. In the facts and circumstances of the case, there will be no order as to costs. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 566. ..Category: Labour and Industrial Law | Date: | Hits: 162
Duree Shahwar Begum Vs. Ali Ahmed Patwari, 1995, 24 CLC (HCD)
....ep in accordance with law to seek leave and to defend the suit and as such ex parte decree was liable to be set aside. But Mr. Faruqui the learned Advocate for the plaintiff‑petitioner on the other hand contends the ignorance of law is no excuse and the same cannot constitute a special circumstanc......ication under Order 37 rule 4 CPC after re‑hearing. Communicate this order and send down the records to the Court below at once. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 222. ......ication under Order 37 rule 4 CPC after re‑hearing. Communicate this order and send down the records to the Court below at once. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 222. ..Category: Procedural Law | Date: | Hits: 125
Super Oil Refinery Ltd. Vs. Commissioner Customs and others, 2010, 39 CLC (HCD)
....t of Bangladesh, Customs Authority has no legal bar to release the goods in favour of the petitioner-company. 15. Mr. Abdul Baset Majumder with Mr. Sirajul Islam, the learned Advocate on the other hand, by filing affidavit-in-opposition opposes the Rule on behalf of the respondent No.4 Alhaj Oil ......qul Islam J.- At the instance of the petitioner Super Oil Refinery Limited, this Rule Nisi was issued calling upon the responÂdents to show cause as to why the withholding of the petitioner's goods covered under L/C No.147803010088 dated 14-5-2003 and Bill of Entry No.C-152259 dated 28-12-2003 afte......h law as early as possible preferably within 1(one) month from the date of receipt of this judgment and order. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 6; 30 BLD (HCD) (2010) 149. ..Category: Fiscal/Taxation Law | Date: | Hits: 172
Begum Shirin Akhtar Vs. Bangladesh House Building Finance Corporation and others, 2010, 39 CLC (HCD)
....e ex-parte decree was passed whether the case was ready for hearing or not, as such the judgments and orders impugned are liable to be set aside. 6. Mr. Shaheed Alam, learned Advocate on the other hand submits that, the petitioner was aware of the entire proceedings related to institution of the ......ent due, whether the original loanee or heirs have any knowledge of the proceeding. Substituting of heirs does not mean that they have knowledge and also the heirs are in know of the proceedings. Moreover, it appears that the learned judge while dismissing the Miscellaneous case took into considerat......earned judge can disposed of the cases without taking any further step. Send down the lower record. Communicate this order at once. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 1. ..Category: Civil Law | Date: | Hits: 198
Category: Employment/Service Law | Date: | Hits: 207
Abdus Samad Khan & others Vs. Wazed Ali Fakir & others, 1992, 21 CLC (HCD)
....claration of their title in suit land measuring 1.26 acres described in the schedule to the plaint. 2. The case of the plaintiffs, inter alia, is that the suit land originally belonged to Gour Chandra Biswas and others and by several sale deeds dated 3.4.58, 24.10.73, 24.10.73, 14.11.57, 2.7.7......s.1 and 2 are prior to the kabalas of the plaintiffs. Section 48 of the Transfer of Property Act is as follows: "48. Where a person purports to create by transfer at different times right in or over the same immovable property, and such rights cannot all exist or be exercised to their full ext......claim in respect of the remaining 1.21 acres of the suit land is dismissed. Parties will bear their respective costs althrough. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 495. ..Category: Property Law | Date: | Hits: 154
Abdul Latif alias Budu and 6 others Vs. State, 1992, 21 CLC (HCD)
.... sheet against the accused appellants and said Munshi. 4. Prosecution examined 12 witnesses. P.W.I Sadir Mia is the informant, P.W.2 Seraj Mia, PN Shamsul Islam, P.W.4 Ramjan Ali, P.W.5 Akshoy Chandra Sarker, P.W.6 Kudduser Ma, P.W.7 Abdul Hatim and P.W.8 Abu Mia were examined by the prosecuti......tif, Abu Hanifa, Shaju, Surat Ali, Indu Mia, Abdul Mannaf and Nayeb Ali be set at liberty at once, if not wanted in any other case. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 492.......tif, Abu Hanifa, Shaju, Surat Ali, Indu Mia, Abdul Mannaf and Nayeb Ali be set at liberty at once, if not wanted in any other case. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 492...Category: Criminal Law | Date: | Hits: 139
Abdul Quddus Vs. Government of Bangladesh, 1990, 19 CLC (HCD)
....d to- Government of Bangladesh Vs. MS Ispahani, 40 DLR (AD) 116; Mukhter Ahmed Vs. Government of Bangladesh, 34 DLR 29. Lawyers Involved: SS Halder with Sadananda Rana Advocate and Chandi Charan Paul, Advocates—For the Petitioner. M Gholam Rabbani, Advocate ‑ For ResponÂ......High Court Division (Special Original Jurisdiction) Present: Nurul Huque Bhuiyan J Mainur Reza Chowdhury J Abdul Quddus.......................Petitioner Vs. Government of Bangladesh.......................Respondents Judgment June 27, 1990. ......owner were not known and the owner ceased to control, supervise and manage the property. Hence the property vested in the government as abandoned property. The property has been under the control and management of the respondent through its allottee the petitioner. The respondent has entered into an..Category: Property Law | Date: | Hits: 158
Shahadat Hossain & others Vs. State, 1985, 14 CLC (HCD)
.... He stated that pursuant to the order of D.I.G., C.I.D. he took up the investigation of the case. He tried to apprehend the absconding accused but he could not complete the investigation as he had to hand over the case to the C.I.D. Jhenidah. These are the evidences adduced by the prosecution to pro......tated that pursuant to the order of D.I.G., C.I.D. he took up the investigation of the case. He tried to apprehend the absconding accused but he could not complete the investigation as he had to hand over the case to the C.I.D. Jhenidah. These are the evidences adduced by the prosecution to prove it......ppeal is dismissed and the order of conviction and sentence pasÂsed against him is confirmed. Anwarul Huque Chowdhury J. - I agree. Ed. This Case is also Reported in: 39 DLR (HCD) (1987) 72...Category: Criminal Law | Date: | Hits: 142
Category: Labour and Industrial Law | Date: | Hits: 233
Rafique‑Ul Huq Vs. Bangladesh and others, 1992, 21 CLC (HCD)
.... others to show cause why Memo. No. Cord/1/36/91 dated 9.10.91 issued by the respondent No.3, the Assistant Director, Immigration and Passports on behalf of the Government directing the petitioner to hand over his passport under Article 7 (2)(c) of the Bangladesh Passport Order, 1973 should not be d......me Affairs, Bangladesh Secretariat, Dhaka and others ………..Respondents Judgment February 17, 1992. Result: The Rule is made absolute. Case Referred to- Syed Mokbul Hossain Vs. Government of Bangladesh & ors. 44 DLR 39. Lawyers Involved: Syed Ishtiaq Ahmed, with Mahm......irecting the petitioner to submit his passport is declared to have been made without any lawful authority and it has no legal effect. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 398. ..Category: Business or Commercial Law | Date: | Hits: 601