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....r
Vs.
Board of Intermediate and Secondary Education, Jessore and others..........Respondent
Judgment
August 29, 1995.
Result:
The Rule is made absolute.
Lawyers Involved:
Khandker Mahbubuddin Ahmed with Khandker AM Mohsenuddin, Advocates - For the petitioner.
Amir-ul-I......plication under article 102 of the Constitution the dismissal of the petitioner who happened to be a Professor of Political Science in a college named Kapilmuni College in the District of Khulna the Governing Body which has been made the respondent No.3 in this Petition, by an order passed under the...... at Annexure‑D (2) to the writ petition.
In the circumstance of the case, the parties are directed to bear their respective costs.
Ed.
This Case is also Reported in: 48 DLR (HCD) (1996) 121...
Category: Employment/Service Law | Date: | Hits: 226
Misir Ullah (Md) Vs. Syed Khalilullah Malek others, 1995, 24 CLC (HCD)
....ase is sent back to the District Judge Moulvi Bazar for re‑consideration and the Rule is made absolute without any order as to costs. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 117.......Court of District Judge, application dated 9.11.91 of the plaintiffs was redundant and being a case under special law (i.e. Waqf ordinance), the application of section 36 of the Waqf Ordinance would cover everything and the learned Advocate for the opposite parties submitted that the Rule obtained b......2.78 is illegal, void and without jurisdiction and has not in any way affected the authority of the Dargah Committee consisting of the plaintiffs as current members thereof to continue in control and management of the Dargah Sharif of Hazrat Sayd Shah Mostafa and adjacent thereto constituted of the ..Category: Trust/Waqf Law | Date: | Hits: 181
Moudud Ahmed Vs. State, 1995, 24 CLC (HCD)
....cer of Bureau of Anti‑Corruption, Dhaka is mala fide and with a motive to harass and humiliate the petitioner and 4 other accused. 7. Mr. Aminul Huq, the learned Attorney General, on the other hand, argues that the Special Judge took into consideration the police record and the material seize......gned from the post of Vice President and Mr. Justice Shahabuddin Ahmed, the former Chief Justice of Bangladesh, was appointed Vice President. Later on Justice Shahabuddin Ahmed after the fall of the Government of Lt. General Hossain Mohammad Ershad become acting President of the Republic and was the......cisions which I have referred in my Judgment. In the result, I discharge this Rule. The prayer for certificate to appeal is refused. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 108...Category: Criminal Law | Date: | Hits: 111
Nurul Huda Vs. Bahar Uddin & others, 1989, 18 CLC (HCD)
....nd if he passes a sentence of imprisonment for a term of, five years or less the appeal will lie to the Court of Sessions, as before. 22. Mr. Mujibur Rahman, learned Advocate, submits on the other hand that the purpose of the, proviso to sub-section (3) of section 9 was to give the Assistant Sess...... whether he shall be deemed to be an Additional Sessions Judge for all purposes under the Code of Criminal Procedure, namely, for hearing appeals, revisions, references and reviews if they are made over or transferred to him by the Sessions Judge." 2. The Full Bench itself was constituted in th......of the Code in the then East Pakistan Act No. XXXVI of 1957, noted above, may take appropriate steps in the matter, if it so desires. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 395. ..Category: Criminal Law | Date: | Hits: 158
Majeda Begum & another Vs. Khoda Box Mollah & others, 1987, 16 CLC (HCD)
....order to minimise the damage caused to the parties a copy of the registered Kabala may now be served on the judgment-debtor-appellants inviting objections, if any Mr. Meah Abdul Gafur, on the other hand, submits that this Court should take the matter back to 24.11.85 when the Kabala document was n......ill time left for the Court to retrace its steps and to allow the appellants to file their objections, if any, after giving them a copy of the draft document. The learned Subordinate Judge simply overlooked the submissions of the appellants. He considered the appellant's application to be mere......servations made in this judgment. The connected Rule being Civil Rule No.23 (FM)/1987 is discharged without any order as to costs. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 392. ..Category: Property Law | Date: | Hits: 140
MA Jahangir & another Vs. Abdul Malek & others, 1989, 18 CLC (HCD)
....t under Order 6, rule 17 C.P.C. after the defendant had filed written statement by way of denial of the defendant's case. Mr. Moqbul Ahmed, the learned Advocate for the opposite party, on the other hand, contended that there is no bar in Order 6, rule 17 C.P.C. to seek amendment of the plaint afte......y to alter or amend his pleadings in such manner and on such terms as may be just and all such amendments shall be made as may be necessary for the purpose of determining the real questions in controversy between the parties." (The underlinings are mine). 3. A careful examination of the provi......e reasons stated above, I do not find of the any substance in this Rule. The Rule is discharged. There will be no order as to costs. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 389. ..Category: Procedural Law | Date: | Hits: 133
Zulfiquar Ali Bhutto Vs. Bangladesh & others, 1989, 18 CLC (HCD)
....bibar Rahman Vs. Election Tribunal, 1981 BLD 298; Management Board, A.R. Howlader Jute Mills Ltd. Vs. Chairman, 1st Labour Court, (1976) 28 DLR 368; 38 DLR 435; 1981 BLD 298. Lawyers Involved: Khandker Mahbub Hossain with Syed Ziaul Karim, Advocates - For the Petitioner. Hemayetuddin Ahmed ......ember of the Parliament. Since the petitioner was elected as a member of the Parliament he ceased to be a Chairman of the said Upazila Parishad in view of sub-section (3) of section 6 of the Local Government (Upazila Parishad and Upazila Administration Reorganisation) Ordinance, 1982 (Ordinance ......e said Upazila Parishad is void as a whole. In view of the facts and circumstances of the case there will be no order as to costs. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 379. ..Category: Election Law | Date: | Hits: 252
Syed Ashfaque Hossain & others Vs. Bangladesh, 1989, 18 CLC (HCD)
....der it to be a hazardous leap into the dark to invest the Government with an imaginary power by way of a bonus. The Government itself possessed the full powers of an appellate and revisional body. It handed over those powers to the Board by a statutory amendment, without reserving any residuary powe......he review application, which is Annexure N l, the second impugned order. 6. In this Writ Petition the only ground urged upon by Mr. Md. Hannan, learned Advocate for the petitioners, is that the Government had no power and jurisdiction of entertaining either any appeal or revision from the fin......s of the petitioners to the extent of 5.80 acres as it originally stood. The Rule in Contempt Petition No.3 of 1987 is discharged. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 364. ..Category: Property Law | Date: | Hits: 129
State Vs. Khalilur Rahman, 1995, 24 CLC (HCD)
....1992 is dismissed. The Jail Appeal No.749 of 1992 and Jail Appeal No.1761 of 1992 are dismissed. Cases Referred to- Woolmington Vs. Director of Public Prosecution, 1935 AC 462; Benoyendra Chandra Pandey Vs. Emperor, AIR 1936 Cal 73; Ramasyami Naick Vs. Rangaswami Chettiar, AIR 1937 Mad 96...... but the teamed Judge has reconciled by saying that for some unknown reason Sikim Ali might have been taken to the paddy khola of Bahadur wherefrom he was taken to the hospital. 8. Now let us turn over to the evidence of the witnesses for assessment. P.W.7 Md. Jahar Ali stated in his cross‑exam......nced him to suffer RI for the period already undergone. He may be released forthwith if not wanted in connection with any other case. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 184. ..Category: Criminal Law | Date: | Hits: 139
Shahadat Chowdhury Vs. Md. Ataur Rahman, 1996, 25 CLC (HCD)
.... is that making imputation on the character of another made in good faith for the protection of the interest of the person making it or other person or for public good is not defamation. On the other hand, second exception to the said section is that expressing any opinion in good faith respecting c......tion was contacted by the reporter before punishing the said report to ascertain correctness of the contents of the report and he was informed that due to undue pressure of higher authorities of the Government effective steps could not be taken regarding the allegations against the complainant and t......No.204/1/a/91 pending in the Court of Chief Metropolitan Magistrate, Dhaka, is quashed. Communicate the order to the Court below. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 176. ..Category: Criminal Law | Date: | Hits: 125
Shahjahan (Md.) Vs. State, 1999, 28 CLC (HCD)
....le and was gossiping with P.W.2 Md. Farid Hossain, a first cousin of the deceased and both of them were enjoying smoking ‘Biri’. Just then, the condemned prisoner Shahjahan came with a dao in his hand and dealt a fatal blow on the back side of the neck. As a result, the victim fell down and died......hat the deceased Mahbubur Rahman developed an illicit relationship with Saleha Begum, the wife of the condemned prisoner and for that reason the brutal killing was made. The investigating officer discovered the motive of the killing by his testimony as follows: “তদন্তকালের ...... into life imprisonment. The sentence of life imprisonment will start from the date when the accused will be apprehended or surrenders. Ed. This Case is also Reported in: 51 DLR (1999) (HCD) 373...Category: Criminal Law | Date: | Hits: 130
Bangladesh General Insurance Co. Ltd. Vs. Chalna Marine Products Co. Ltd., 1999, 28 CLC (HCD)
.... Fire insurance Co Ltd., AIR 1914 Bombay 225; Girdharilal Honuman Bux Vs. Eagle Star and British Dominions Insurance Co Ltd., AIR 1924 (Cal) page 186; Sree Han Sankar Nandi Majumder Vs. Sree Promode Chandra Roy Choudhury, 4 PLD (Dhaka) page 595; Sadharan Bima Corporation Vs. Sanjib Kumder Das and an......,00,000.00 hereinafter referred to as DOS policy, and the second one is under Machinery Break Down policy for an amount of Taka 30,00,000.00, hereinafter referred to as MBD policy. Both the policies covered a period from 24-2-88 to 23-2-89. Those policies were taken by the plaintiff to cover the ris......sult, the FA No.129 of 1995 is dismissed without any order as to costs. Send down the lower Court records of both the suits at once. Ed. This Case is also Reported in: 51 DLR (1999) (HCD) 357...Category: Business or Commercial Law | Date: | Hits: 525
Ayat Steels Limited Vs. Mohammad Ali, 2011, 40 CLC (HCD)
....ng to the case of the respondent, upon confirmation of the sale on 23-6-2009 the title of the purchased property vested upon the auction purchaser (respondent No.1). Accordingly the respondent Bank handed over all the title deeds relating to the property involved, to the auction purchaser Mr. Mo......he case of the respondent, upon confirmation of the sale on 23-6-2009 the title of the purchased property vested upon the auction purchaser (respondent No.1). Accordingly the respondent Bank handed over all the title deeds relating to the property involved, to the auction purchaser Mr. Mohammad ...... Rule being CRNo.421 (fm) of 2010 also stands disposed of accordingly. Send down a Copy of this order to the trial Court, at once. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 417. ..Category: Civil Law | Date: | Hits: 235
State Vs. Manik Bala, 1988, 17 CLC (HCD)
....'s house on the previous night with his wife's sari and sandal and in the early morning he left for Barguna. He further stated that mother of Manik gave him the sari and sandal of his wife which he handed over to the Officer-in-Charge, Patharghata Police Station. In his cross-examination he admitt......e on the previous night with his wife's sari and sandal and in the early morning he left for Barguna. He further stated that mother of Manik gave him the sari and sandal of his wife which he handed over to the Officer-in-Charge, Patharghata Police Station. In his cross-examination he admitted that......s acquitted of the charge. Let the condemned prisoner be set at liberty forthwith if not wanted in connection with any other case. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 435...Category: Criminal Law | Date: | Hits: 142
Sona Mia Vs. Md. Zakaria & others, 1988, 17 CLC (HCD)
.... is quashed. But this will not debar the competent Court to make any complaint in accordance with law if it is thought to be necessary. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 433.......ion was given in evidence in the aforesaid Title Suit in the Court of the Subordinate Judge. Therefore, no Court can take cognizance of any offence under section 467 of the Penal Code (which is covered by section 463 of the Penal Code) without a complaint in writing by the Court in which such d...... is quashed. But this will not debar the competent Court to make any complaint in accordance with law if it is thought to be necessary. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 433...Category: Criminal Law | Date: | Hits: 107
Abul Hashem Khan & others Vs. Md. Shamsuddin Khan & others, 1989, 18 CLC (HCD)
....t May 2, 1989. Result: The appeal is allowed. Cases Referred to- Sarwar Khan Vs. Gulam Sarwar and others, PLD 1982 AJ & K 126; Ram Singh Kundan Singh and sons and another Vs. Ram Chand Issardas, AIR 1925 Sind 342; YAJ Noorul Hai and anothers Vs. SPLKR Karuppan Chettiyar, AIR 1925......other defendant No.2 Maqbul Hasan Khan (who had also knowledge of the aforesaid contract with the plaintiffs) in place of his son Ehsanul Hasan Khan. Thereafter on 15.5.78 the defendants handed over the Photostat copy of lease deed (between the C & B and the then M/s. East Pakistan Alumini......em. In the face of our findings in respect of Ext. W and Z series the application is not maintainable. Accordingly, it is rejected. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 415...Category: Business or Commercial Law | Date: | Hits: 349
Khan Md. Ruhul Amin Vs. Chairman, Labour Court, Khulna and others, 1990, 19 CLC (HCD)
....kman’. Thus, the observation of the Labour Court that the petitioner although is an employee of the Crescent Jute Mill, is not a worker under the said Ordinance is quite illegal. 8. On the other hand, the learned Counsel appearing for the respondent No.2 most assertively submits that under no c......ment of the school, according to the rules and regulations of the Board of Intermediate and Secondary Education.” 5. It is further stated in that affidavit that the service of the petitioner is governed by the rules and regulations of the Board of Intermediate and Secondary Education and that t......Town Khalishpur, Khulna and the said Mill, being a nationalised industry, is a component of the Bangladesh Jute Mills Corporation. He was appointed on 7-1-69 as the teacher of that school by the then management of the said Mill and since then he has been serving continuously in that High School as t..Category: Labour and Industrial Law | Date: | Hits: 184
Muzaffar Ali and another Vs. Monwara Hospital & others, 1997, 26 CLC (HCD)
.... the suit for specific performance of contract would be converted into a suit for determination of title and this is not permissible in law. 11. Md. Raushan Ali, the learned Advocate, on the other hand, appearing on behalf of the 3rd party opposite party No.2, herein submits that the 3rd party ha......lier by this Court on 8-5-95 is hereby vacated and the learned Court below is directed to proceed with the suit in accordance with law. Ed. This Case is also Reported in: 51 DLR (1999) (HCD) 341.......lier by this Court on 8-5-95 is hereby vacated and the learned Court below is directed to proceed with the suit in accordance with law. Ed. This Case is also Reported in: 51 DLR (1999) (HCD) 341...Category: Procedural Law | Date: | Hits: 121
....Standing Orders) Act 1965. The learned Counsel has also argued and submitted the Rule of Corporation to show that the petitioner is not a Worker as defined under the Standing Orders Act. On the other hand, the learned Counsel for the petitioner has referred to certain decisions and the nature of his......aid case before the Labour Court, the respondents office issued the impugned order No.6/Estate/l80 (part)-4/488/1(10) dated 14-5-97(Annexure-C) asking the petitioner to vacate the quarter and deliver over the possession of the same on or before 1-7-97.
3. It is submitted that the aforesaid order......issued without lawful authority and is of no legal effect.
In the result, the Rule is made absolute without any order as to costs.
Ed.
This Case is also Reported in: 51 DLR (1999) (HCD) 339.
..
Category: Labour and Industrial Law | Date: | Hits: 176
Bangladesh Vs. Abdul Aziz and others, 2005, 34 CLC (HCD)
....also overlooked by the executing Court in proceeding with the instant execution case. 10. Mr. AY Masihuzzaman, the learned Advocate appearing for the decree-holder-opposite party, on the other hand, makes a straight forward submission. His first contention is that the instant rule has arise......te party No.1 without duly performing the job submitted forged and fictitious bill on account of extra work and in collusion with the dishonest officials of the petitioner got the same paid. On discovery of the said irregularity the Board has lodged in FIR on 24-4-1989 against the proprietor of th......cree is a nullity there remains nothing to proceed with the Execution case No.2 of 1998. Send down the Lower Court records at once. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 405...Category: Alternative Dispute Resolution | Date: | Hits: 291
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