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Abdul Ali and another Vs. State, 1977, 6 CLC (AD)
.... was enquired by Magistrate locally and submitted report. The same was forwarded to O.C. Begumganj P.S. for taking N a. During preliminary enquiry a cognizable case is made out against the accused persons and as such he started the case on suo mutu. Mr. Lutful Kabir, Dy. S P (Hq) investigated the ca......jury or death of the labour, and that the contractor is to make at his own expense all arrangements necessary for medical aid including inoculation, vaccination and medicine etc. 7. We are not called upon to consider the responsibilities of the contractor. We are considering the responsibilit......e with the judgment of brother K. Hossain J. Order of the Court In view of the opinion of the majority the appeal is dismissed. Ed. This Case is also Reported in: 30 DLR (AD) (1978) 58. ..Category: Criminal Law | Date: | Hits: 115
....
Bangladesh (formerly Province of East Pakistan) & another..........Respondents
Judgment
July 27, 1977.
Result:
The appeal is dismissed.
Cases Referred to-
Lennon Vs. Gibson & Howes Ltd., (1919) AC 709; Kallv Das Ahiri Vs. Man Mohan Das, ILR 24 Cal. 440; 1 CWN 32I; ......onsideration of the payment of 7.980/- as salami and annual rent of Rs. 36/-which is liable to be revised, according to the terms of the deed of lease, after a period of 30 years. The appellant was called upon by a notice dated 20-3-70, issued by the Sub-Divisional Manager (Sadar) South, Dacca, ......lt, therefore, is that subject to the observation made above, the appeal is dismissed. There shall, however, be no order as to costs.
Ed.
This Case is also Reported in: 30 DLR (AD) (1978) 1.
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Category: Property Law | Date: | Hits: 114
Mokbul Hossain and others Vs. State, 2011, 40 CLC (HCD)
....8.1996 passed by the Assistant Sessions Judge, Bogra in Session Case No.93 of 1994 convicting the appellants under section 395 of the Penal Code and sentencing them thereunder to suffer rigorous imprisonment for six years with a fine of Taka two thousand for each in default to suffer rigorous impris......hen two or three of them chased him, and he entered into the room out of fear of life. Thereafter the thieves went away towards Bogra by the said truck. The informant came out from his room again and called a night-guard named Sree Nath. Meanwhile some other witnesses namely Makbul, Uzir and others ......e acquitted of charges 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: ..Category: Criminal Law | Date: | Hits: 105
State Vs. Jahangir Mallik, 2008, 37 CLC (HCD)
....High Court Division (Criminal Appellate Jurisdiction) Present: Siddiqur Rahman Miah J Md Abdul Hafrz J State.............Appellant Vs. Jahangir Mallik................Condemned Prisoner Judgment December 1, 2008. Result: The Death Reference is rejected and the Jail Ap......Abdus Sukur Miah Vs. State, reported in 1996 BLD 337 = 48 DLR 228 in support of his contention. 13. In the face of arguments advanced by the learned Advocates of the contending parties, we are now called upon to scrutinise the material evidence on record in order to come to a proper decision in t......onment for life and pay a fine of Taka 5000 in default to suffer rigorous imprisonment for 6(six) months. Send down the LCR at once. Ed. This Case is also Reported in: 15 BLC (HCD) (2010) 67. ..Category: Criminal Law | Date: | Hits: 87
Jaymala Baroy @ Shamsun Naher Vs. Dilip Kumer Baroy, 2009, 38 CLC (HCD)
....s discharged without any order as to cost. The order of stay granted earlier by this Court stands vacated. Office is directed to send down the records of this case at once. Ed. This Case is also Reported in: 15 BLC (HCD) (2010) 48.......impugned order. Hence the Rule. 3. The learned Advocate appearing for petitioner submits that the petitioner was prevented by sufficient cause not to appear in Miscellaneous Case when the same was called on for hearing but the Court of appeal below without considering such cause dismissed the app......st. The order of stay granted earlier by this Court stands vacated. Office is directed to send down the records of this case at once. Ed. This Case is also Reported in: 15 BLC (HCD) (2010) 48...Category: Civil Law | Date: | Hits: 130
Ayub Ali Khan Vs. Md. Abdur Raqib and others, 2009, 38 CLC (HCD)
.... Rajshahi, Sadar, impleading opposite parties as defendants for declaration that resignation of his Nikah Registrar office dated 12-11-2003 submitted to District Registrar is forged, fraudulent and also for permanent injunction. In suit, plaintiff sought for temporary injunction which was allowed......ion) is disposed of. Office is directed to communicate the order at once with a copy of judgment for information and necessary action. Ed. This Case is also Reported in: 15 BLC (HCD) (2010) 46. ...... acting as a Nikah Registrar at ward No. 17. Moreover, the case of plaintiff is absolutely a subject matter of evidence. At present he has no prima facie arguable case and will not suffer irreparable loss if injunction prayed for is not granted. Moreso, balance of convenience does not lie in favour ..Category: Civil Law | Date: | Hits: 92
Baby Masum & another Vs. Bangladesh Film Development Corporation, 2009, 38 CLC (HCD)
....dul Huq J Baby Masum & another……....Petitioners Vs. Bangladesh Film Development Corporation...........Opposite Parties Judgment April 23, 2009. Result: The Rule is made absolute. Cases Referred to- Sultan Ara Begum Vs. Secretary, 38 DLR 105, Dewan Obaidur Rahman Vs......pplementary affidavit and the documents annexed. 3. Opposite party No. 1 FDC filed the above noted complaint case stating that on 25-7-1999 a contract was signed between FDC and a partnership firm called Messrs Light and Sound owned by the two accused-petitioners Baby Masum and another. The subst......of the Film Development Corporation Act, 1957. But the accused petitioners did not respond to the notice. So the aforesaid case was instituted alleging that the cheques were issued to cause financial loss, to harass and defraud the complainant and thus offences under sections 406/420 of the Penal Co..Category: Criminal Law | Date: | Hits: 95
State Vs. Anwar Hossain and others, 2008, 37 CLC (HCD)
....der section 374 of the Code of Criminal Procedure has been submitted by the learned Judge of Druta Bichar Tribunal No. 3, Dhaka for confirmation of sentence of death awarded by him to condemned prisoners, (1) Md. Anwar Hossain and (2) Gobinda and absconding accused (3) Abu Bakar, (4) Bipul, (5) ......e judgment and order have been heard together and are being disposed of by this judgment. 3. The prosecution case, in short, is that on 9-11-1999 at 5.00 PM accused Anwar Hossain and Abu Bakar called and took away deceased Zakir, the son of informant Abdur Rahim from their house for attendin...... sentenced to imprisonment for life. The jail appeals are accordingly, disposed of. Send down the lower Court's records at once. Ed. This Case is also Reported in: 15 BLC (HCD) (2010) 1. ..Category: Criminal Law | Date: | Hits: 67
Aroj Ali Sarder Vs. State, 1989, 18 CLC (HCD)
....olice at the Kalkini Police station. The police investigated into the matter, visited the place of occurrence, examined witnesses and thereafter submitted a charge sheet against both the accused persons under section 290 of the Penal Code. 3. Both the accused were initially arrested under secti......on various considerations such as the surrounding circumstances and the place and the society. 13. The concept of morality and immorality, unless it offends God's law, which is universal, may be called a geographical sin. What is immoral and indecent here in our society may not be considered ...... accused acquitted. The fine already paid by the accused petitioners need be refunded to them. Send down the L.C. records at once. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 306...Category: Criminal Law | Date: | Hits: 76
....d Hossain J. - This appeal by leave by writ respondent Nos.2 and 3 is from the judgment and order dated 06.02.2006 passed by the High court Division in Writ Petition No.5599 of 2004 making the Rule absolute.
2. The facts leading to the filing of this appeal, in short, are as follows:
The writ......her hand, submits that the High Court Division on consideration of materials on record came to a definite finding that the date of birth of the petitioner is 31.10.1949 and as such no interference is called for.
10. We have considered the impugned judgment, the submissions of the learned Advocate......y ground to interfere with the decision of the High Court Division.
Accordingly, the appeal is dismissed. There is no order as to costs.
Ed.
This Case is also Reported in: 9 ADC (2012) 169.
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Category: Employment/Service Law | Date: | Hits: 739
.... from their concluded projects. The writ petitioners were appointed with national pay scales and had been enjoying the same. But suddenly, the writ-respondents had converted the national pay scale of some of the writ-petitioners to “consolidated pay” without any rhyme or reason. Since their appo......bmits that similar point raised before the High Court Division has already been settled by it in Writ Petition No.1522 of 2004 heard along with 99 other writ petitions and as such, no interference is called for.
12. We have considered the impugned judgments and orders and other papers on the rec......g been made on proper appreciation of laws and facts do not call for interference.
Accordingly, all the leave-petitions are dismissed.
Ed.
This Case is also Reported in: 9 ADC (2012) 174.
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Category: Others | Date: | Hits: 172
Kamal Miah (Md.) alias Nasim Vs. State and another, 1998, 27 CLC (HCD)
....ue J Kamal Miah (Md.) alias Nasim………………….Petitioner Vs. State and another……………………Opposite Parties Judgment March 4, 1998. Result: The Rule is made absolute. Case Referred To- Kveeranna Vs. NS Mastan, AIR 1960 Andhra Pradesh 311. Lawyers In......cause in a criminal case notices are served by the Court and the appellant is not required to furnish any copy of the notice. 3. Perused the application. The record of the appellate Court was also called for and I have perused the record. It is clear that the appeal was admitted by the appellate ......inion that the delay in this case in filing the revisional application may be condoned. In the result, the Rule is made absolute. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 224. ..Category: Criminal Law | Date: | Hits: 63
Raquibuddin Ahmed Vs. SAM Iqbal and another, 1997, 26 CLC (HCD)
.... Ameen J Raquibuddin Ahmed.......................Petitioner Vs. SAM Iqbal and another...........................Opposite Party Judgment August 6, 1997. Result: The Rule is made absolute. Lawyers Involved: Mainul Hosein with Rokanuddin Mahmud, Mubina Asf Rahman and Humayun......e in the application for contempt of Court. It is the case of the contemner No.1 that the petitioner did neither go to the office of the Bangladesh Shipping Corporation at Chittagong to submit his so-called joining report as alleged nor did he actually appear before the concerned authority to join h......overnment directions by Contemner No.1. If the Contemner No.1 in obedience to the order of the Court allowed the petitioner to join on 31 March 1994 the Government would not have to incur such a huge loss by giving salary and other remuneration to the petitioner without having his service. So, for t..Category: Others | Date: | Hits: 142
....ed by the Secretary, Ministry of Home Affairs, Government of People’s Republic of Bangladesh and others……………Respondents
Judgment
November 18, 1996.
Result:
The Rule is made absolute.
Case Referred To-
Abdul Latif Mirza Vs. Government of Bangladesh, 31 DLR (AD) 1.
La......nistry of Foreign Affairs at Dhaka on 8th July, 1996 and then he was placed as Officer on Special Duty (Director General) and since his joining the Ministry of Foreign Affairs on 8-7-96 upon being re-called, the detenu has been attending the office regularly.
4. After coming back to Bangladesh, t......release the detenu forthwith if not wanted in connection with any other case.
Let an advance order of release be issued immediately.
Ed.
This Case is also Reported in: 50 DLR (HCD) (1998) 201...
Category: Criminal Law | Date: | Hits: 76
....al effect.
Ed.
This Case is also Reported in: 50 DLR (HCD) (1998) 195.
......rate, who may pending the disposal of such appeal, make such orders as he thinks fit.
(2) The decision of the District Magistrate on an appeal under sub-section (1) shall be final and shall not be called in question in any Court or by any authority.”
In section 2(b) of the Ordinance “Autho......d by the Authorised Officer in CR Case No.5 of 1990 is declared to have been made without lawful authority and is of no legal effect.
Ed.
This Case is also Reported in: 50 DLR (HCD) (1998) 195.
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Category: Property Law | Date: | Hits: 103
Ibrahim Khalil Vs. State, 1998, 27 CLC (HCD)
.... Present: Hamidul Haque J Ibrahim Khalil……………………..Petitioner Vs. State…………………Opposite Party Judgment March 10, 1998. Result: The Rule is made absolute. Case Referred To- Kamelshwar Singh Vs. Dharmandeo Singh, AIR 1957 Patna 375. Lawyer....... A Court of Sessions is established under section 9 of the Code of Criminal Procedure and under sub-section (1) of that section, the Government may appoint a Judge for such a Court and that Judge is called the Sessions Judge. Under sub-section (3) of that section, the Government may also appoint Ad......he Sessions Judge for disposal in accordance with law and in the light of observations made above. Send down the lower records at once. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 192...Category: Procedural Law | Date: | Hits: 69
.... Non-Resident Properties (L&B) and Additional Deputy Commissioner (Revenue), Dhaka and others....................Opposite Parties
Judgment
November 3, 1997.
Result:
The Rule is made absolute.
Cases Referred To-
Abul Khair Vs. Bangladesh and others, 32 DLR (AD) 29; Nitya Gopal R......lted in error in the impugned decision occasioning failure of justice.
6. Mr. Karmaker has drawn my attention to Ext. 5 and the order dated 17-8-88 passed by the learned ADC (Rev) Dhaka wherein he called for opinion of the legal Adviser of Vested Properties in respect of release of the suit prope......e Court of Munsif, Savar in Dhaka is hereby decreed. There shall be no order as to costs.
Send down the lower Court records at once.
Ed.
This Case is also Reported in: 50 DLR (HCD) (1998) 186...
Category: Property Law | Date: | Hits: 111
Syed Masud Ali and others Vs. Md. Asmatullah and others, 1978, 7 CLC (AD)
....e stated is that in the Court of Munsif, the plaintiff has divided the suit properties under two schedules land has claimed ownership and possession over both of them. With regard to the first he has sought a declaration of his title but with regard to the 2nd schedule he has prayed not only title t......dispute and so the adjudicatory authority of the Administrator may not be invoked. There may be cases, of course, where a dispute is raised at the time of enrolment when the Administrator will be called upon to decide the waqf character of the property. The moment the Administrator decides the......first schedule land of the plain if the plaintiff so desires to proceed. In the circumstances of the case, we make no order as to costs. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 249...Category: Trust/Waqf Law | Date: | Hits: 136
Mokarrom Hossain Daradi Vs. State, 2011, 40 CLC (AD)
....vely on the allegation of demanding illegal subscription. 4. After investigation in all above cases, the police submitted charge sheet on different dates under different sections. The petitioner also got bail in the above cases. All the cases were transferred to the Court of Sessions, Mymensingh......ourt issued warrant of arrest on 10.02.2011 and subsequently, when the certified copy of the order of the High Court Division submitted, then the trial Court stayed the proceeding of the cases and re-called the warrant of arrest issued on 10.02.2011 by order dated 13.03.2011 and as such, the petitio......etitioner. Accordingly, the leave petition Nos.257 of 2011, 258 of 2011 and 259 of 20011 are dismissed without any order as to costs. Ed. This Case is also Reported in: 17 MLR (AD) (2012) 197...Category: Criminal Law | Date: | Hits: 80
....বিঃ/জি-১৫/৪৩১(২)/০৩/৬৬৮৯ dated 25.10.2009 issued under the signature of the Director, Private University Division to have been issued without lawful authority and also praying for direction upon the respondents to give approval to its outer campuses at the said two......urt Division rightly gave the direction upon the respondents to consider the applications of the petitioner for giving approval of its outer campuses at Chittagong and Rajshahi, so no interference is called for by this Division with the impugned judgment and order and the leave petition be dismissed......ty Grants Commission (respondent No.2)" is stayed for a period of two months from date.
Ed.
This Case is also Reported in: 17 MLR (AD) (2012) 161; 17 BLC (AD) (2012) 84; 32 BLD (AD) (2012) 169.
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Category: Others | Date: | Hits: 197
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