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Motiur Rahman Bahadur Vs. Hemanta Kumar Shill, 2010, 39 CLC (HCD)

....ent and part decree passed by the Subordinate Judge 2nd Court, Pirojpur, is maintained. Send down the lower Court records at once. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 180. ...... Defendant No.2, nonethe­less, sold 0.34 acre land to one Abdul Khaleque by a deed dated 18-9-1975. Present plaintiff (Respondent) filed Title Suit No.23 of 1987 against defendant No.2 and two other persons for permanent injunction. Defendant No.2 was found by the Court to have life estate in the l..

Category: Property Law | Date: | Hits: 107

Jesmin Ara Vs. Md. Abdul Karim, 2010, 39 CLC (HCD)

....f stay granted earlier by this Court stands vacated. Office is directed to communicate the order at once. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 172; 18 BLT (HCD) (2010) 255. ......Depot it situated in Rajshahi which is within the local limits of District Judgeship of Rajshahi. Section 20 CPC provides the provisions for institution of the suit, it clearly specified that where a person has a permanent dwelling at one place and also a temporary residence at another place, he sha..

Category: Procedural Law | Date: | Hits: 122

Rafiqul Alam (Md.) Vs. Md. Abdul Awal & others, 2010, 39 CLC (HCD)

....2-1997 passed by the Subordinate Judge, Rangpur in Order Appeal No.140 of 1995 in hereby affirmed. Send down the LCR accordingly. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 168. ...... it is the right of the employer to discharge his employee, and that of the employee to quit his employer's service, subject to the right to pay damages for breach of contract. Courts cannot compel a person, against his will, to employ or serve another, notwithstanding the contract of service. A man..

Category: Civil Law | Date: | Hits: 144

Shaukat Ali and another Vs. Chairman, Labour Court, Khulna and others, 1992, 21 CLC (HCD)

....f Labour (Standing Orders) Act, 1965. With the aforesaid observation the rules are discharged. There will be no order as to costs. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 410. ......ed on behalf of the respondent Nos.2 and 3 denying the material contention of the petitioner stating inter alia, that the petitioner in collusion with others recorded inflated figures of firewood for personal gain at the cost of the mill. The petitioner who appeared before the enquiry committee to f..

Category: Labour and Industrial Law | Date: | Hits: 182

Junnur Rahman (Md.) Vs. Bangladesh Shilpa Rin Sangstha (BSRS) and others, 1997, 26 CLC (HCD)

....t that could also be considered by the Administrative Tribunal. In the result, the Rule is discharged without any order as to cost. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 39. ......nce, 1984. Section 4 of the Administrative Tribunal Act after such amendment provides that the Administrative Tribunal shall have exclusive jurisdiction to hear and determine applications made by any person the service of the Republic or of any statutory public authority (which includes BSRS) in res..

Category: Employment/Service Law | Date: | Hits: 194

Gazi Jashimuddin Vs. Bangladesh & others, 1997, 26 CLC (HCD)

.... The respondents are directed to appoint the petitioner to the Police cadre within four months from the date of receipt of this order. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 37. ......d not guilty in a criminal proceeding in Patuakhali but because of his active political involvement with a student organisation the Special Branch is of the opinion that he was not a suitable and fit persons for appointment in the police and administrative cadres of the Bangladesh Civil Service. A c..

Category: Employment/Service Law | Date: | Hits: 194

State Vs. Tutul & Fazlur Rahman @ Badal and others, 2011, 40 CLC (HCD)

....fan be discharged from his bail bond. Send down the Lower Court Records, along with a copy of this, judgment and order, at once. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 516. ......hed near a garage some 5/6 unknown young men stopped their Rickshaw and abducted them with intent to kill them. At one stage, Rustom Ali (P.W.4) man­aged to escape from the clutches of those accused persons and informed the fact to his locality. The accused persons took Badsha and Rony to a place a..

Category: Criminal Law | Date: | Hits: 98

Ali Hossain and others Vs. State & others, 1984, 13 CLC (HCD)

....o be Additional Sessions Judge, Patiya, Chittagong in Criminal Motion No.973 of 1982 is set aside. Syed Mohammed Ali J.—I agree. Ed. This Case is also Reported in:36 DLR (HCD) (1984) 111. ......trate 1st Class, Patiya, Chittagnog by his judgment dated 14.09.1982 of the charges under sections 379 and 411 of the Penal Code and sending the case back for further inquiry and trial of the accused persons. 2. The case for the prosecution in brief is that on 29.11.1979 at about 2 A.M. in the ni..

Category: Procedural Law | Date: | Hits: 130

Nazir Ahmed & Others Vs. Yonus Meah & Others, 1984, 13 CLC (HCD)

....udge in Criminal Motion No.53 of 1983 are set aside and those of the learned Magistrate passed in Misc Case No.160 of 1977 are restored. Ed. This Case is also Reported in:36 DLR (1984) 93. ......ng shop-house under sec­tion 146 of the Cr.P.C. directing the receiver to keep the shop-house under lock and key until a competent Civil Court has determined the rights of the parties thereto or the person entitled to possession thereof. Being aggrie­ved, the second party petitioners have moved th..

Category: Procedural Law | Date: | Hits: 116

Md. Siddiqur Rahman and others Vs. Government of the People’s Republic of Bangladesh represented by the Secretary, Ministry of Liberation War Affairs and others, 2012, 41 CLC (HCD)

....n future to the respondent-Trust, it will dispose of the same in accordance with law within shortest possible time. Mohammad Bazlur Rahman J.- I agree. Ed. This Case is also Reported in: ......ssing the impugned orders the petitioners were not served any notice or show cause against the proposed action. They were not given any opportunity to be heard. Natural Justice requires that before a person is punished an opportunity to show cause against the proposed punishment should be afforded t..

Category: Constitutional Law | Date: | Hits: 237

State Vs. Nazma Sarker @ Beauty and others, 2011, 40 CLC (HCD)

....ds, along with a copy of this judgment and order, be sent to the concerned Court below for information and necessary action at once. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 483. ...... his own house. Thereafter, the informant rushed to the house of his brother Hanif Sarker at the place of occurrence and found the dead body of his said brother and also found several injuries on the person of the deceased and when the informant asked about the incident to Nazma Sarker @ Beauty, wif..

Category: Criminal Law | Date: | Hits: 99

Dulal Miah @ Dulal @ Nurun Nabi Vs. Ruhul Amin and others, 1998, 27 CLC (HCD)

....he medical certificate and X‑ray report only and on the basis of other evidence already on record. Send down the LC record at once. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 618. ...... Gafur Ali, P.W.9 Shariatullah, P.W.10 Shamsul Hoque, P.W.6 Ashraf, and P.W.7 Gofran to show shifting of ail to them. While they were proceeding towards their land through their homestead the accused persons followed them. When Shariatullah, Gafur and Gofran entered into the land and victim was show..

Category: Criminal Law | Date: | Hits: 76

Moslem Ahmed Sarker (Md.) alias Muslim Ahmed Vs. Abdul Khaleque and others, 1998, 27 CLC (HCD)

....ocedure. In the result, the Rule fails and it is discharged without my order as to costs. Let the LC records be sent down at once. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 616. ......ptly on obtaining the certified copy of the sale deed, following his, knowledge about it. The principle of estoppel is embodied in section 115 of the Evidence Act. It is a rule of evidence by which a person is not allowed to allege and prove a thing under certain circumstances. But it has been consi..

Category: Property Law | Date: | Hits: 91

Mrs. Nadira Rahman Vs. Sayed Amir Hossain, 1983, 12 CLC (HCD)

....d orders were passed and she is to continue as Mutwalli till she resigns or is removed in accordance with law. No order as to cost. Ed. This Case is also Reported in:35 DLR (HCD) (1983) 277. ......ordered the petitioner before this Court, Mrs. Nadira Rahman, to be removed from Mutwalliship and finding the petitioner before the Administrator of Wakfs, namely, Syed Mohammad Amir Hassain be a fit person to the next Mutwalli according to the terms of the Wakf deed, appointed him as Mutwalli in pl..

Category: Trust/Waqf Law | Date: | Hits: 134

Nazmul Hossain (Md.) Vs. State, represented by the Deputy Commissioner, Patuakhali and others, 1992, 21 CLC (HCD)

.... the charge as leveled against him. The accused is to be discharged from his bail bond immediately. Communicate this order at once. Ed. This Case is also Reported in:48 DLR (HCD) (1996) 417. ......ascertained that there is no good relation between the Circle Officer, Development, Galachipa and Mr. Hemayetuddin, Veterinary Assistant Surgeon as a result of which this case has been started and on personal grudge Hemayetuddin had been arrested and sent to the officer in charge Galachipa for neces..

Category: Criminal Law | Date: | Hits: 84

Rezaul Karim Vs. Rashida Begum and another, 1995, 24 CLC (HCD)

....87 pending in the Court of Thana Magistrate Keshabpur, District Jessore, passed at the time of issuance of the Rule is hereby vacated. Ed. This Case is also Reported in:48 DLR (HCD) (1996) 416. ......ave effect notwithstanding anything contained in any other law for the time being in force". 7. According to Mr. Syed Ziaul Karim, the effect of section 3 is that it overrides other laws so that a person cannot get any relief as provided in any other law if he can get such relief in the Family Co..

Category: Family Law | Date: | Hits: 133

Signage Vs. Commissioner of Customs and others, 2010, 39 CLC (HCD)

.... no legal effect. And the rule issued in relation to the allocation of fixation of a separate service code is hereby dis­charged. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 137. ......589 dated 5-10-1997 from the Customs, Excise and VAT Commissionerate Dhaka (South) Mohammadpur Division. Subsequently, VAT authority decided to change the VAT identification numbers of the registered persons from eight (8) digits to ten (10) digits and accordingly the petitioner's VAT registration w..

Category: Fiscal/Taxation Law | Date: | Hits: 168

Masum and others Vs. State, 2009, 38 CLC (HCD)

....liberty at once if not wanted in connection with any other case. Send down the Lower Court Records. Communicate the order at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 133. ......e informant and other police forces were on duty and at about 23-15 PM they appeared at the rear side of House No.18, adjacent to the field of Ibrahimpur Jameul Ulum Madrasha, and found three unknown persons staying there, which has raised suspicion in them. Accordingly, the police team challenged t..

Category: Criminal Law | Date: | Hits: 75

Bangladesh Legal Aid and Services Trust (BLAST) Vs. Bangladesh and others, 2010, 39 CLC (HCD)

....at the cost of the Office immediately for information and compliance with the same. However, there would be no order as to costs. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 124. ......Ministry of Public Works vide Memo No.PIL and Advocacy Cell-BLAST/161/040607 dated 5-6-2007, Annexure-B seeking information as to what instructions and guidelines the respondents sent to the relevant persons to take safety measures for avoiding deaths and injuries of construction workers as per the ..

Category: Labour and Industrial Law | Date: | Hits: 163

Shah Newaj Chowdhury @ Swapan and others Vs. State and another, 2010, 39 CLC (HCD)

....ted earlier by this Court shall stand vacated. Communicate the order at once to the concerned. Salma Masud Chowdhury J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 371. ......e, before the Magistrate, 1st Class, Chakaria, alleging, inter alia, that the com­plainant is enjoying the case land peacefully by producing salt by employing cultivators. On 20.04.2003, the accused persons along with 30/40 unknown persons armed with deadly weapons entered into the case land and lo..

Category: Criminal Law | Date: | Hits: 54