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Nasrin Jahan (Parul) and others Vs. Khabir Ahmed and others, 2008, 37 CLC (HCD)

....firmatively that the child is illegitimate. If, therefore, it is not proved that the child was born of the body of the wife or that it was born during the marriage or that the father was alive at the date of conception or that the child was born within 280 days of the dissolution of the marriage, no......y attain majority from the defendant No.1 at the rate of Taka 1500 (fifteen hundred) per month. Send down the lower Court records. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 697. ..

Category: Family Law | Date: | Hits: 114

Sree Sree Ananta Dev Chakra Bigrah & others Vs. Bangladesh & others, 1983, 12 CLC (HCD)

....ale of certain bazar was premature, illegal and without jurisdiction and that certain tanks are retainable as khas Appeal against the order of Mr. D.N. Chowdhury, Subordinate Judge of Zilla Noakhali, dated the 23rd of April, 1969 in Title Suit No.150 of 1967 under the provisions of section 20(2a) of...... is directed to dispose of the suit within six months from the date of the receipt of the records. Mohammad Abdur Rouf J.- I agree. Ed. This Case is also Reported in:35 DLR (HCD) (1983) 301. ..

Category: Property Law | Date: | Hits: 74

Razia Khanam Vs. Md. Shamuzzoha Khan & Others, 2007, 36 CLC (HCD)

....t Hossain - For the Petitioner. Golam Rabbani - For the Opposite Parties. Civil Revision No.3533 of 2005. Judgment Shahidul Islam J.- This Rule is directed against the Judgment and decree dated 28.8.2005 passed by the learned Additional District Judge, 2nd Court, Naogaon in Title Appeals......Education, Jessore) Terms and Conditions of Service Regulations, 1979 (hereinafter referred to as "Regulation") defines "punishment” which runs thus:- "11. Punishment: A teacher who commits a breach of the provisions of these regulations or who is guilty of negligence of duty, inefficiency o..

Category: Employment/Service Law | Date: | Hits: 118

Mohammad Shahidul Islam @ Mufti Shahidul Islam Vs. National Board of Revenue, 2008, 37 CLC (HCD)

....t Mohammad Abdur Rashid J.- The above Rule Nisi was obtained challenging the continuation of the criminal proceeding in Metropolitan Special Case No.149 of 07 arising out of Kotwali P.S Case No.68 dated 30.05.07 corresponding to ACC GR Case No.40 of 2007 in the Court of Metropolitan Sessions Judg......ited number of decisions, which we shall consider very shortly. 19. Mr. Subrata Chowdhury, learned advocate however submitted that the petitioner had the domain over the vehicle and by transfer in breach of the privilege he committed the offence under section 409 of the Penal Code and there could..

Category: Fiscal/Taxation Law | Date: | Hits: 246

Eximpo Trading Limited Vs. MV Banglar Kakoli, 2007, 36 CLC (HCD)

....ing business. The plaintiff’s consignment was inspected by Inspectorate Griffith (UK) Ltd before shipment from UK and certified to be in good running condition in the Clean Report of Findings (CRF) dated 21-10-1999. The consignment was shipped on board the defendant No.1 vessel for carriage from H...... made to the end buyers in Bangladesh for non-delivery of the trucks on time due to the delay in arrival of the vessel Taka 1,00,00,000 G) Compensation claim on BSC for breach of contract Taka 60,00,000 H) C&F value of 27 units of Tru..

Category: Limitation Law | Date: | Hits: 174

Abdul Quader Farazi Vs. Chief Election Commi­ssioner, Bangladesh & others, 1998, 27 CLC (HCD)

....o.456 of 1998. Judgment Md. Abdul Aziz J.- The petitioner Abdul Quader Farazi obtained this Rule calling upon the respondents to show cause as to why the order passed by the Election Commission dated 3‑2‑1998 for holding fresh poll in No.76 Uttar Lengutia Government Primary School Centre o......s. In the result, the Rule is discharged without any order as to costs. The order of stay granted by this Court is hereby vacated. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 636. ..

Category: Election Law | Date: | Hits: 591

FR Garments (Pvt.) Ltd. Vs. Artha Rin Adalat, Dhaka, 2008, 37 CLC (HCD)

....or Added Respondent no. 3. Writ Petition No. 10051 of 2006. Judgment Sheikh Abdul Awal J. - In this Rule Nisi the respondents have been called upon to show cause as to why the impugned order dated 1-10-2006 (Annexure- E) passed by respondent No. 1 rejecting the application for dismissing th......cted to proceed with the Execution Case No. 658 of 2005 expeditiously. Communicate the judgment at once. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 296; 61 DLR (HCD) (2009) 223. ..

Category: Civil Law | Date: | Hits: 170

Paritosh Chandra Nag Vs. Bangladesh represented by Secretary, Ministry of Land, 2008, 37 CLC (HCD)

....appertaining to CS Khatian Nos. 11 and 12, CS and SA Dag Nos. 21, 23 and 86 of Mouza Purbo Narashinghapur, Police Station - Ashulia, formerly Savar, Dhaka as requested by the demand of justice notice dated 12-7-2007 (Annexure-A) shall not be declared to be void and to have been made without any law ......is discharged without any order as to cost. The order of status quo granted by this Court earlier is hereby recalled and vacated. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 214. ..

Category: Property Law | Date: | Hits: 107

Md. Shafiqul Islam Vs. Board of Intermediate and Secondary Education, Comilla, 2006, 35 CLC (HCD)

....spondent Nos. 1 and 2.  Writ Petition No.3519 of 1997. Judgment Afzal Hossain Ahmed J.- This Rule Nisi was issued calling upon the Respondents to show cause as to why the impugned order dated 5.6.1996 passed against the petitioner under the signature of Respondent No.3 allegedly acting......ure-A to the petition, is declared to have been made without lawful authority and is of no legal effect. Tariq-ul Hakim J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 203. ..

Category: Labour and Industrial Law | Date: | Hits: 2706

Sahabuddin Vs. State, 2008, 37 CLC (HCD)

....not at all substantive evidence and it may be used only for corroborating a witness………………(44) Unusual delay cannot be caused in the matter of noting down statement of a witness and mandate of law demands immediate recording of statements when memory of witness remains fresh as human ......be set at liberty forthwith if not wanted in connection with any other case. Lower Court Records be sent down at once. Ed. This Case is also Reported in:   61 DLR (HCD) (2009) 54. ..

Category: Criminal Law | Date: | Hits: 85

Md. Maniruzzaman and another Vs. State, 2011, 40 CLC (HCD)

....stant Attorney-General - For the State.  Criminal Appeal No.1491 of 1991. Judgment M Enayetur Rahim J.- This appeal is directed against the Judgment and order of conviction and sentence dated 29-8-1991 passed by the Special Tribunal No.1, Panchagarh in Special Tribunal Case No.2 of 199......ts have been convicted under Section 25B (2) of the Special Powers Act, 1974. 25. Section 25B of the Special Powers Act, 1974 runs as follows:- [25B-Penalty for smuggling - [(1)] Who­ever, in breach of any prohibition or restriction imposed by or under any law for the time being in force, or..

Category: Criminal Law | Date: | Hits: 84

Md. Ismail Vs. State, 2012, 41 CLC (HCD)

....iqur Rahman Miah J.- This Rule on an application filed under section 561A of the Code of Criminal Procedure was issued calling upon the opposite parties to show cause as to why the Judgment and order dated 31-07-2000 passed by Additional Metropolitan Sessions Judge, 2nd Court, Chittagong in Criminal......ioner from the allegation of the CR case No.306 of 1991 is quashed and the accused is acquitted from the charge levelled against him. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 473. ..

Category: Procedural Law | Date: | Hits: 94

Romisa Khanam Vs. Secretary, Ministry of Land, Government of People's Republic of Bangladesh and others, 2008, 37 CLC (HCD)

.... 2678 of 2005, 3797/2003, 6971/2004, 6262/2005, 1512-13 of 2006. Judgment MA Rashid J. - The above Rules Nisi except the one in Writ Petition No. 1513 of 2006 were issued against a common order dated 10-2-2003 passed by the Appeal Officer under rule 31 of the Tenancy Rules, 1955 hereinafter re...... of respondent No. 2 presented under Rule 31 Of the Tenancy Rules, 1955 are accordingly, restored. Communicate at once. Ed. This Case is also Reported in:   61 DLR (HCD) (2009) 18. ..

Category: Property Law | Date: | Hits: 120

State Vs. Md. Ershad Ali Sikder and others, 2003, 32 CLC (HCD)

....ful Islam, investigated into the case, visited the place of occurrence examined and recorded statements of the witnesses under section 161 of the Code of Criminal Procedure and submitted charge-sheet dated 26‑8-­98 under sections 143, 302 and 34 of the Penal Code against accused Ershad Ali Sikder......m alias Franch Alam (5) Jalil Mollah is allowed. The appellants therefore be set at liberty at once if not wanted in any other case. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 672. ..

Category: Criminal Law | Date: | Hits: 110

Sudhangshu Shekhor Halder Vs. Chief Election Commissioner & others, 2003, 32 CLC (HCD)

....e return in accordance with the law and the corrupt practice of not disclosing all sources of fund as required by Article 44AA(4), would not have any direct bearing on the election. The returned candidate and/or his Election Agent have committed corrupt and illegal practice in the way they have comp...... be void. Let a copy of this judgment be communicated to the Election Commission to take necessary steps in accordance with law. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 655. ..

Category: Election Law | Date: | Hits: 300

Md. Daud Nabi Alias Daud Vs. State, 2009, 38 CLC (HCD)

....al Revision No.595 of 2009. Judgment Naima Haider J.- This Criminal Revision under section 439 read with section 435 of the Code of Criminal Procedure is directed against the Judgment and order dated 01.12.2008 passed by the learned Sessions Judge, Lakshmipur in Criminal Appeal No.37 of 2008 a...... set at liberty at once if not wanted in any other case. Send the lower Court's records along with a copy of this Judgment at once. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 45. ..

Category: Criminal Law | Date: | Hits: 91

Prof. Serajul Islam Chowdhury and others Vs. Jahangirnagar University and others, 2009, 38 CLC (HCD)

....isi was issued calling upon the Respondents to show cause as to (i) why the impugned enquiry under section 44 of the Jahangirnagar University Act, 1973 (in short, the Act) and in particular the order dated 13.9.2008 of the Syndicate (Annexure-G) shall not be declared to have been made without lawful...... Judgment complying with the principles of natural justice and fairness. 62. There is no order as to costs. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 6; 61 DLR (HCD) (2009) 744 ..

Category: Employment/Service Law | Date: | Hits: 169

Moniruzzaman (Md.) Vs. Bangladesh House Building Finance Corporation and others, 2010, 39 CLC (HCD)

....r Amin, Advocates - For the Petitioner.  None appears - For Opposite Party.  Civil Revision No.864 of 2004. Judgment M Moazzam Husain J.- This Rule is directed against the order dated 15-11-2003 passed by the learned District Judge, Tangail, in Miscellaneous Case No.51 of 2003 ......law we find specially Article 27 of PO No.VII of 1973 is relevant for our purpose. The relevant clauses of Article 27 of PO No.VII of 1973 may profitably be quoted: "27. (1) Where by reason of the breach of any agreement by the borrower the corporation becomes entitled to require the immediate pa..

Category: Property Law | Date: | Hits: 127

Sk Shayeed-ul-Amin and others Vs. State, 2010, 39 CLC (HCD)

....4 before the Magistrate, Satkhira. 3. The Magistrate upon hearing the com­plainant took cognizance expartee against the accused persons under Section 406 and 420 of the Penal Code vide Order No.1 dated 19-1-2004. 4. After taking cognizance, the Magis­trate, Nalishi Adalat "Ka" Anchal issued ......ection 420 of the Code of Criminal Proceeding against the accused petitioners. 7. Mr. MA Aziz Khan appearing on behalf of the accused petitioners submitted that there is no ingredients of Criminal breach or cheating and dishonestly inducing delivery of property as alleged by the complaint in his ..

Category: Criminal Law | Date: | Hits: 102

Arshad and others Vs. State and another, 2010, 39 CLC (HCD)

....ccused persons which was voluntarily withdrawn by the complaint him­self, on the basis of an amicable compromise; and as such, the accused-petitioners were given acquittal in that case vide an order dated 17-1-2007 and the said order of acquittal being still in force, this 2nd complaint on the self......which was given for the purpose. The accused persons ultimately denied whole tran­saction and refused to pay back the money and thereby misappropriated the same and com­mitted cheating and criminal breach of trust. 4. The learned Magistrate, after exami­ning the complainant under section 200 o..

Category: Procedural Law | Date: | Hits: 108