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Abu Bakkar Siddique Vs. Justice Shahabuddin Ahmed and others, 1996, 25 CLC (HCD)

....the office of the President of Bangladesh is an office of profit in the service of Bangladesh. He submits that right from the President down to a peon of a Government office, everybody is holding his post in the service of the Republic and all of them are getting remunerations and other benefits fro......etition inasmuch as he is not an aggrieved person. He submits that the present petitioner Advocate Mr. Abu Bakkar Siddique was not a candidate for election for the office of the President nor he is a member of the Parliament; he is merely the president of a political party named Bangladesh Muslim Mi......le's Republic of Bangladesh, 41 DLR 56; Kazi Moklesur Rahman Vs. Bangladesh, 26 DLR (SC), 44 (Beru Bari case); State of Haryana Vs. Haryna Co-operative Transport Ltd., AIR 1977 (SC) 237; SP Gupta Vs. Union of India, AIR 1982 (SC) 149; Bangladesh Sangbad Patra Parishad Vs. The Government of Banglades...... Vs. Bangladesh, 26 DLR (SC), 44 (Beru Bari case); State of Haryana Vs. Haryna Co-operative Transport Ltd., AIR 1977 (SC) 237; SP Gupta Vs. Union of India, AIR 1982 (SC) 149; Bangladesh Sangbad Patra Parishad Vs. The Government of Bangladesh, 43 DLR (AD) 126. Lawyers Involved: Asrarul Hossain ..

Category: Constitutional Law | Date: | Hits: 200

Shaki Md. Shoaib and others Vs. Md. Kashem Ali Bhuiyan and others, 2011, 40 CLC (AD)

....pt TK. 3,00,000.00 (three lakhs) within 7(seven) days, and execute and register the sale deed as per terms of the agreement. Defendant No.1 by giving a reply to the said legal notice under registered post stat­ed that he did not enter into any agreement to sell 2.44 acres of land but he entered int...... Court Division which shows that he has accepted the decree passed by the High Court Division. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 668. ...... Court Division which shows that he has accepted the decree passed by the High Court Division. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 668. ...... Court Division which shows that he has accepted the decree passed by the High Court Division. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 668. ..

Category: Property Law | Date: | Hits: 72

Manjurul Huq Vs. Bangladesh and others, 1991, 20 CLC (HCD)

....0.1.91 when a Sub‑Inspector of Ramna PS would also be present. On the grounds stated above the application is summarily rejected. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 239.......0.1.91 when a Sub‑Inspector of Ramna PS would also be present. On the grounds stated above the application is summarily rejected. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 239.......rliament. This expression has been defined in sub‑section 28 of section 3 of the General Clauses Act, 1897 as follows: 3. (28) "local authority" shall mean and include a Paurashava, Zilla Board, Union Panchayet, Board of Trustees of a port or other authority legally entitled to, or entrusted by......0.1.91 when a Sub‑Inspector of Ramna PS would also be present. On the grounds stated above the application is summarily rejected. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 239...

Category: Civil Law | Date: | Hits: 56

Afia Khatun Vs. Secretary, Ministry of Works and another, 1992, 21 CLC (HCD)

....nder the Ministry of Law and Justice. The Petitioner was subsequently transferred to Ministry of Relief & Rehabilitation on 16.3.83 as Deputy Director and since then she has been holding the same post. The husband of the petitioner is also a public servant. He is also member of Bangladesh Civil ......nsferred to Ministry of Relief & Rehabilitation on 16.3.83 as Deputy Director and since then she has been holding the same post. The husband of the petitioner is also a public servant. He is also member of Bangladesh Civil Service (Judicial). 3. The Petitioner while being attached to the Mini......authority inasmuch as it is consistent with Government policy. In the result, the Rule is discharged without any order as to cost. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 225. ......authority inasmuch as it is consistent with Government policy. In the result, the Rule is discharged without any order as to cost. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 225. ..

Category: Property Law | Date: | Hits: 75

Shadat Ali and another Vs. State, 1991, 20 CLC (HCD)

....Information Report on the verbal statement of the informant. The police took up the investigation of the case, held inquest on the dead body of the deceased Akram Ali, sent the same to the morgue for post‑mortem examination, visited the place of occurrence, seized the alamats as per seizure‑list......bail bond forthwith and serve out the remaining sentence passed against him. Let the records of the case be sent down expeditiously. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 217. ......informant by village courtesy. P.W.6 Almas Ali is an independent witness, related to the informant but it is alleged that he has litigation with the accused persons. P.W.7 Akkel Ali Chairman, Chattak Union Parishad has been simply tendered but not cross‑examined by the defence. P.W.8 Dr. Md. Albab......ant by village courtesy. P.W.6 Almas Ali is an independent witness, related to the informant but it is alleged that he has litigation with the accused persons. P.W.7 Akkel Ali Chairman, Chattak Union Parishad has been simply tendered but not cross‑examined by the defence. P.W.8 Dr. Md. Albabur Rah..

Category: Criminal Law | Date: | Hits: 73

Md. Obaedur Rahman Vs. Md. Amirul Islam and others, 2011, 40 CLC (AD)

....০৭/১৭৩৩ dated 31.03.2007. The writ petitioner-respondent No.1 joined the service of Palli Biddyutayon Board as a Line Nirman Inspector in the year 1984 and was grad­ually promoted to the post of Member Service Co-ordinator in Tangail Palli Biddyut Samity-2. On 25.03.2007 this writ petit......ntal proceeding shall stand and will be operative. With the above observation this civil petition for leave to appeal be disposed of. Ed. This Case is also Reported in: VIII ADC (2011) 642. ......ntal proceeding shall stand and will be operative. With the above observation this civil petition for leave to appeal be disposed of. Ed. This Case is also Reported in: VIII ADC (2011) 642. ......ntal proceeding shall stand and will be operative. With the above observation this civil petition for leave to appeal be disposed of. Ed. This Case is also Reported in: VIII ADC (2011) 642. ..

Category: Employment/Service Law | Date: | Hits: 53

ASM Abdur Rob Vs. The State, 1991, 20 CLC (HCD)

.... the merits of the case as it should prejudice the accused at the trial. The Rule is thus discharged. Communicate the order at once. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 205....... the merits of the case as it should prejudice the accused at the trial. The Rule is thus discharged. Communicate the order at once. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 205.......i Police Station, Lakshmipur by Abdul Wahed, an independent candidate in that general election held in 1986. It is alleged in that FIR that while the polling at Rabbani Madrasa Centre No.11 Barakheri Union Parishad was going on the accused petitioner namely, ASM Abdur Rob, a candidate of Jatiya Sama......ce Station, Lakshmipur by Abdul Wahed, an independent candidate in that general election held in 1986. It is alleged in that FIR that while the polling at Rabbani Madrasa Centre No.11 Barakheri Union Parishad was going on the accused petitioner namely, ASM Abdur Rob, a candidate of Jatiya Samajtantr..

Category: Criminal Law | Date: | Hits: 85

Moulvi Gholam Moula Vs. Secretary, Ministry of Education, 1992, 21 CLC (HCD)

.... Petitioner was appointed by Respondent No.3 as Pesh Imam on 4.7.68 on a temporary basis at Sweden Bangladesh Polytechnic Institute at Kaptai, Chittagong Hill Tracts and he was made permanent in that post on 8.12.80 in the scale of Tk. 225.00 to Tk. 325.00. Later on the said scale was changed and en......le to petitioner to get the appeal heard by Respondent No.1. In view of this matter the petitioner is entitled to relief sought for. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 195.......le to petitioner to get the appeal heard by Respondent No.1. In view of this matter the petitioner is entitled to relief sought for. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 195.......le to petitioner to get the appeal heard by Respondent No.1. In view of this matter the petitioner is entitled to relief sought for. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 195...

Category: Administrative Law | Date: | Hits: 164

Kudrat‑E‑Elahi Panir and others Vs. Bangladesh, 1991, 20 CLC (HCD)

....which was amended by Ordinance No. XXXIII of 1983 and for first time the Thana Parishad was named as Upazila Parishad and for the first time the Chairman of the Upazila Parishad was made an elected post. There was also provision that till such time as the Chairman elected under the Ordinance ent......nce, 1982 (Ordinance LIX of 1982) which was amended from time to time. The prime object and purpose of the said Ordinance was to constitute Upazila Parishads consisting of Chairman, representative members, women members, official members, Chairman of the Upazila Central Co‑operative Society an...... that all the persons holding office as Chairman, Vice‑Chairmen, Members and Administrators of such Local Councils and Municipal Committees should cease to hold office and it changed the names of Union Council and Town Committee as Union Panchayat and Shahar Committee respectively and the stri......eneral - For the Respondents. Writ Petition Nos. 2937, 2944, 2945 and 3002 of 1991. Judgment Md. Abdul Jalil J.- All these Rules call in question that vires of the Local Government (Upazila Parishad and Upazila Administration Reorganisation) (Repeal) Ordinance, 1991 (Ordinance No.37 of 19..

Category: Constitutional Law | Date: | Hits: 461

Faisal Mahbub Vs. Bangladesh, 1992, 21 CLC (HCD)

....Mymensingh District Jail, Mymensingh for compliance through special messenger at the costs and risk of the petitioner, as prayed for. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 168. ...... হইতে নিবৃত করার জন্য”. 10. In the grounds of detention it is stated that the detenu is an influential politician and is in politics since long time and was a member of different political parties and thereafter. When Mr. RM Ershad formed the Jatiya Party, th......Mymensingh District Jail, Mymensingh for compliance through special messenger at the costs and risk of the petitioner, as prayed for. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 168. ......Mymensingh District Jail, Mymensingh for compliance through special messenger at the costs and risk of the petitioner, as prayed for. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 168. ..

Category: Criminal Law | Date: | Hits: 81

Bangladesh Public Service Commission and another Vs. Maloti Rani Mondol, 2011, 40 CLC (AD)

....e to appeal is liable to be dismissed. In the circumstances the Civil Petition for leave to appeal be dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 609, 17 MLR (AD) (2012) 104.......e to appeal is liable to be dismissed. In the circumstances the Civil Petition for leave to appeal be dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 609, 17 MLR (AD) (2012) 104.......e to appeal is liable to be dismissed. In the circumstances the Civil Petition for leave to appeal be dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 609, 17 MLR (AD) (2012) 104.......e to appeal is liable to be dismissed. In the circumstances the Civil Petition for leave to appeal be dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 609, 17 MLR (AD) (2012) 104...

Category: Administrative Law | Date: | Hits: 210

S. M. Zakir Hossain Vs. Bangladesh repre­sented by its Secretary, Ministry of Education and others, 2011, 40 CLC (AD)

.... with a medical certificate. Later, the Governing Body of the college had taken a decision on 21.03.2006 to publish an advertisement in a daily newspaper inviting applications from candidates for the post of the Principal. The Principal-in-Charge of the college was directed to take necessary steps a......ed the highest number and accordingly, selection committee rec­ommended the petitioner for appointment as the Principal of Abdul Jabbar College. As per recommendation of the Selection Committee, the member secretary of selec­tion committee on 30.10.2006 sent a letter to respondent No.2 for accordi......d on proper appre­ciation of law and facts and as such call for no interference. The leave petition is thus dismissed summarily. Ed. This Case is also Reported in: VIII ADC (2011) 600. ......d on proper appre­ciation of law and facts and as such call for no interference. The leave petition is thus dismissed summarily. Ed. This Case is also Reported in: VIII ADC (2011) 600. ..

Category: Employment/Service Law | Date: | Hits: 108

Abul Hashem Master Vs. State, 1991, 20 CLC (HCD)

....der section 19A(F) of the Arms Act. He be acquitted of the charge. Let him be set at liberty if not required in any other connection. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 159. ......he informant Mr. Tajul Islam, SI of Police Narshindi PS deposed as P.W.1, Mainul Huq SI of Police of that PS deposed as P.W.2, MA Jalil SI of Shibpur PS deposed as P.W.3, Santosh Kumar Kar, the local member of Panchaduma Union Parishad deposed at P.W.4, Mr. A Majid, member of Panchaduma Union Parish......l Islam, SI of Police Narshindi PS deposed as P.W.1, Mainul Huq SI of Police of that PS deposed as P.W.2, MA Jalil SI of Shibpur PS deposed as P.W.3, Santosh Kumar Kar, the local member of Panchaduma Union Parishad deposed at P.W.4, Mr. A Majid, member of Panchaduma Union Parishad deposed as P.W.5, ......m, SI of Police Narshindi PS deposed as P.W.1, Mainul Huq SI of Police of that PS deposed as P.W.2, MA Jalil SI of Shibpur PS deposed as P.W.3, Santosh Kumar Kar, the local member of Panchaduma Union Parishad deposed at P.W.4, Mr. A Majid, member of Panchaduma Union Parishad deposed as P.W.5, Sanaul..

Category: Criminal Law | Date: | Hits: 85

Mafizur Rahman Vs. Joynal Abedin and others, 1992, 21 CLC (HCD)

....ecords expeditiously. Let a copy of the judgment be sent to the learned Subordinate Judge at his present station for his guidance. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 158. ......covery of khas possession in respect of 1.08 decimals land appertaining to khatian Nos. 324 and 324/1 of mouza Udmara and Village Court was constituted with the Chairman of the Union Parishad and two members nominated by each party. The Village Court on consideration of materials on record and after......se No.48 of 1984 for recovery of khas possession in respect of 1.08 decimals land appertaining to khatian Nos. 324 and 324/1 of mouza Udmara and Village Court was constituted with the Chairman of the Union Parishad and two members nominated by each party. The Village Court on consideration of materi......48 of 1984 for recovery of khas possession in respect of 1.08 decimals land appertaining to khatian Nos. 324 and 324/1 of mouza Udmara and Village Court was constituted with the Chairman of the Union Parishad and two members nominated by each party. The Village Court on consideration of materials on..

Category: Property Law | Date: | Hits: 74

Khorshed (Md.) alias Khorshed Vs. State, 1999, 18 CLC (HCD)

....on that she did not say before the Investigating Officer that Sufia told her that she was stabbed by Khorshed. She denied the suggestion that she deposed falsely. 15. P.W.12 is the Doctor who held post mortem examination of the deceased. He found three incised injuries and, according to him, deat......ppeal is dismissed. The judgment, order of conviction and sentence appealed against are confirmed. Send down the LC Records at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 317.......ppeal is dismissed. The judgment, order of conviction and sentence appealed against are confirmed. Send down the LC Records at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 317.......ppeal is dismissed. The judgment, order of conviction and sentence appealed against are confirmed. Send down the LC Records at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 317...

Category: Criminal Law | Date: | Hits: 54

Raisuddin Vs. Secretary, Ministry of Law, Justice and Parliamentary Affairs and others , 1999, 18 CLC (HCD)

....rd appreciation for the arguments advanced by Mr. Razzaque. For the aforesaid discussion, the Rule is discharged but with no costs. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 313.......rd appreciation for the arguments advanced by Mr. Razzaque. For the aforesaid discussion, the Rule is discharged but with no costs. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 313.......avit to the Writ Petition stated that he was first appointed Nikah Registrar on 3-5-1971 under section 5(2) of the Muslim Family Ordinance, 1961, for the Cantonment and all other areas of Juarshahara Union under the jurisdiction of Gulshan area. Thereafter, on 25-5-1972 he was appointed Nikah Regist......ahara Union under the jurisdiction of Gulshan area. Thereafter, on 25-5-1972 he was appointed Nikah Registrar for whole of Gulshan Pourashava by the Administrator and Cantonment and Juarshahara Union Parishad was taken away from his jurisdiction. Although he was appointed for the whole area but he w..

Category: Civil Law | Date: | Hits: 83

Hindu Deity Lakshmi Gobinda Jew Vs. Deputy Custodian, Enemy Property, Government of Bangladesh and others, 1998, 17 CLC (HCD)

....t be treated as abandoned property or vested property (enemy property) by the defendants. Send down the lower Court records at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 300....... suggestion that defendant No.4 was inducted into possession in the suit property by the Additional Deputy Commissioner. 14. P.W.3 Md. Ali, aged about 59 years, stated in his evidence that he is a member of Daulatpur Union Parishad and the Akhra stands in his Union and he sees Deities in the Akhr......endant No.4 was inducted into possession in the suit property by the Additional Deputy Commissioner. 14. P.W.3 Md. Ali, aged about 59 years, stated in his evidence that he is a member of Daulatpur Union Parishad and the Akhra stands in his Union and he sees Deities in the Akhra since his childhoo...... No.4 was inducted into possession in the suit property by the Additional Deputy Commissioner. 14. P.W.3 Md. Ali, aged about 59 years, stated in his evidence that he is a member of Daulatpur Union Parishad and the Akhra stands in his Union and he sees Deities in the Akhra since his childhood. He ..

Category: Property Law | Date: | Hits: 102

Hosna Jahan (Munna) Vs. Md. Shajahan (Shaju) and others, 1998, 17 CLC (HCD)

.... of kabinnama dated 28-8-95. 4. The newly married couple lived happily at the matrimonial home. Shahjahan’s father-in-law informed him that they have decided to accept the marriage and to hold a post-nuptial reception at the house of the bride’s father in recognition of the wedding. According......ccordingly, this application is rejected. The Family Court is directed to dispose of the suit on merit without any further adjournment. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 295.......ccordingly, this application is rejected. The Family Court is directed to dispose of the suit on merit without any further adjournment. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 295.......ccordingly, this application is rejected. The Family Court is directed to dispose of the suit on merit without any further adjournment. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 295...

Category: Family Law | Date: | Hits: 166

Chan Mia (Md.) Vs. Rupnahar, 1998, 17 CLC (HCD)

....include the determination of the validity of a marriage as that is related and interconnected with the question of determination of dower, maintenance, etc. Any other interpretation will be simply preposterous. 15. The contention of Mr. Hannan that a marriage, in order to be valid has to be solem......d that the impugned judgment and decree suffer from any illegality or error of law. The application is therefore summarily rejected. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 292. ......d that the impugned judgment and decree suffer from any illegality or error of law. The application is therefore summarily rejected. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 292. ......d that the impugned judgment and decree suffer from any illegality or error of law. The application is therefore summarily rejected. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 292. ..

Category: Family Law | Date: | Hits: 166

Mir Shahidul Islam and others Vs. State, 1998, 17 CLC (HCD)

....et anticipatory bail. Merely because 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 the due course of the law to appear before the Courts below and use t......entire machinery of Banaripara thana to act on his behalf and against the petitioners. This assertion of the petitioners has been stoutly denied by the informant who also claimed that he is an active member of the District Committee and Vice President of Thana of Jatiotabadi Jubadal, Youth Wing of t......ed. In the result, the Rule is discharged and the petitioners are directed to surrender to the Court below on the date i.e. 16-7-98. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 506.......ed. In the result, the Rule is discharged and the petitioners are directed to surrender to the Court below on the date i.e. 16-7-98. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 506...

Category: Criminal Law | Date: | Hits: 84