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Shahidulla @ Md. Shahidulla & others Vs. State, 1988, 17 CLC (HCD)
.... the prosecution, there is a Civil litigation between the informant Shahidul, son of Haji Khandaker Ahmed Ali and accused Asheque Ali, petitioner No.3 still pending in a Civil Court in respect of the disputed plot No.2680/3168 measuring about 70 decimals of land of mouza Nandanpur; that the disputed......Court and 1(one) is still absconding. But no step has been taken as yet to hold the trial against him in absentia. So, it has been submitted that there has been unreasonable and inordinate delay in holding the trial of this case and consequently the petitioners have been subjected to under harassm..Category: Criminal Law | Date: | Hits: 74
Anwara Khatun & Others Vs. Geasuddin Ahmed & Others, 1986, 15 CLC (HCD)
....in that class the statutory remedy must in general be followed, but there is at least one exception to the general rule. There may co-exist a remedy by injunction to protect a right. It cannot be disputed after Coper Vs. Willingham that if a plaintiff is suing in respect of a personal right to h......violating the provision of the Municipal Law and in violation of the building plan sanctioned by the Mymensingh Municipality, on the allegation that the plaintiffs have their own residential house in holding No.31 within the Mymensingh Municipality while holding No.32 which is adjacent north of the ..Category: Civil Law | Date: | Hits: 178
Saju Hosein Vs. Press Appellate Board and others, 2011, 40 CLC (HCD)
.... For the reasons assigned above, the Rule is destined to founder, wherefor the same is discharged. There is no order on cost. Jahangir Hossain J.- I agree. Ed. This Case is also Reported in: ......e-sided findings of the Board. The issue does not revolve round the question of Declaration only, as applied for, but also the propriety of the judicial process and the credibility of the Board, in upholding the press freedom under the law and the Constitution, is also pertinent. 11. Relevant ex..Category: Others | Date: | Hits: 171
Md. Humayun Shaikh Vs. State, 2011, 40 CLC (HCD)
....ny reason to interfere with the same. Accordingly the appeal, having no merit, is dismissed. Send down the lower Court records. Naima Haider, J.- I agree. Ed. This Case is also Reported in:......with constables Yousub Ali, Younus, Golam Rasul and Hanif and prepared the inquest report on the dead body of victim Rabeya Begum. He sent the dead body to Barisal Medical College Hospital Morgue for holding post-mortem, and seized the alamats including a dao used in commission of the occurrence fro..Category: Criminal Law | Date: | Hits: 125
Sirajuddin Sarkar Vs. Md. Fazlul Haque and others, 2012, 41 CLC (HCD)
....e No.2958 of 1994 under sections 482 and 483 of the Penal Code in accordance with law. Communicate a copy of the judgment. Soumendra Sarder J.- I agree. Ed. This Case is also Reported in: ......on the same subject matter were pending before the civil Courts. The Magistrate, on hearing of the parties and perusal of documents, was satisfied that the point of controversy should be dissolved by holding trial, thus rejected the application and framed charge under sections 482 and 483 of the Pen..Category: Procedural Law | Date: | Hits: 114
Md. Alamgir Bhuiyan Vs. State, 2012, 41 CLC (HCD)
....e order of stay granted at the time of issuance of the Rule is vacated. Communicate a copy of the judgment immediately. Mohammad Marzi-ul-Huq J.- I agree. Ed. This Case is also Reported in: ......ipt of the complaint, the Magistrate sent it for judicial inquiry to be conducted by the Assistant Commissioner (land) Devidwer, Comilla by his order dated 10.8.1997. The Assistant Commissioner after holding judicial inquiry submitted a report on 7.9.1997 with a finding of prima facie truth in the a..Category: Criminal Law | Date: | Hits: 85
Sahajahan and others Vs. State, 2012, 41 CLC (HCD)
....y to appear before the Court and shall consider their prayers for bail, if any. Send down the lower Court’s record. Mohammad Marzi-ul-Huq J.- I agree. Ed. This Case is also Reported in: ......o make her submissions. 7. Mrs. Syeda Rabia Begum, learned Assistant Attorney General appearing for the State-opposite party, submits that the first information report clearly discloses offence of holding illegal arms, explosion of bombs, creating terror in a polling centre and obstructing public..Category: Criminal Law | Date: | Hits: 124
Taju Mia and others Vs. State and another, 2012, 41 CLC (HCD)
....y to appear before the Court and shall consider their prayers for bail, if any. Send down the lower Court’s record. Mohammad Marzi-ul-Huq J.- I agree. Ed. This Case is also Reported in: ......nimous decision. His lordship Mr. Justice Mustafa Kamal in paragraph 7 of the judgment observed as follows: “It is therefore of no consequence if the learned Sessions Judge has made a mistake in holding that since he had taken charge of the Sessions Division on January 23, 1991, a fresh period ..Category: Procedural Law | Date: | Hits: 112
Adamjee Jute Mills Ltd. Vs. Chairman, Third Labour Court, and another, 1989, 18 CLC (HCD)
....missal of the respondent No.2 is modified to the extent that the dismissal of respondent No.2 be treated as discharge from service. Ed. This Case is also Reported in: 42 DLR (HCD) (1990) 371. ......er forcibly on some written papers and he informed the employer of the same by a letter dated 20.11.83 requesting the employer to replace the enquiry officer and to appoint a neutral person for holding fresh enquiry. But no action was taken. Ultimately he was dismissed from service by a lett..Category: Labour and Industrial Law | Date: | Hits: 160
Bangladesh Can Company Ltd. Vs. Chairman, Labour Court, Chittagong and others, 1989, 18 CLC (HCD)
.... made absolute without any order as to costs. The impugned order was passed without any lawful authority and is of no legal effect. Ed. This Case is also Reported in: 42 DLR (HCD) (1990) 368. ......r section 34 of the Industrial Relations Ordinance, 1969 stating, inter alia, that since before the war of liberation they were serving in the factory of the present petitioner before us and were holding permanent posts on 25.3.1971. During the War of Liberation they failed to report to the Gove..Category: Labour and Industrial Law | Date: | Hits: 268
Helal Uddin (Md.) Vs. Government of People's Republic of Bangladesh and others, 2003, 32 CLC (HCD)
...., were not approved or sanctioned either by the college authority or the appointing authority. 8. We have perused the application along with the papers relied upon by the parties. 9. It is not disputed that on 1‑11‑1992 the petitioner joined the Fulbaria College as a Lecturer in the Depar...... April, 2000. The order of stay granted at the time of issue of the Rule is hereby recalled and vacated. Communicate at once. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 506. ..Category: Employment/Service Law | Date: | Hits: 147
Asgar Ali and others Vs. Bangladesh and others, 2003, 32 CLC (HCD)
.... out in connection with or relating to any matter of organisation election, management etc of the Society shall be resolved by the Managing Board and when the Managing Board itself is involved in the disputed by the President and member or members of any Unit shall not take any such matter to the Co......on of the Society by illegally staying in power after the expiry of 31st December, 2002. Lastly he submits that on the garb of the order Annexure-D the respondent No.4 stopped the election and is not holding the election contrary to provision of Article 9B(3) and, as such, it is necessary by an orde..Category: Civil Law | Date: | Hits: 169
KN Enterprise Vs. Eastern Bank Ltd and others, 2011, 40 CLC (HCD)
....eposed that they also received payments for the said exported goods. He denied the suggestion that he made false statement. 26. These are all the evidence adduced by both parties. 27. It is not disputed that defendant-respondent No.1 the Eastern Bank Ltd. was entrusted with collection of US ......95 for US$ 1,48,000 and in the disbursement of the amounts received against the relevant export bills by the Eastern Bank Ltd. In compliance with the said order dated 19-2-2009 Bangladesh Bank, after holding through investigation, submitted an investigation report dated 31-5-2009 under cover of it..Category: Civil Law | Date: | Hits: 212
Amal Cabraal Vs. Golam Murtaza, 2003, 32 CLC (HCD)
....emed as consideration for the time given by the consumers for their participation in the promotional and advertisement schemes. These statements clearly suggest that the petitioners have admitted the disputed advertisement in question was televised in the Television and over the Radio. These are dis......ged and the Rule in the Criminal Miscellaneous Case No.4042 of 1998 is made absolute. The stay orders made earlier and hereby vacated. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 492...Category: Criminal Law | Date: | Hits: 126
Abul Kashem & another Vs. State, 1990, 19 CLC (HCD)
....is commuted to one of imprisonment for life. The Reference No.1 of 1987 under section 374 of the Code of Criminal Procedure is rejected. Ed. This Case is also Reported in: 42 DLR (HD) (1990) 378.......d rickshaw van on 14.5.86 through the P.W.6 Abu Hossain, the then Assistant Commissioner, Keshabpur Upazila. Even if we leave aside the TI Parade sheet proved by P.W.6, whose evidence and manner of holding TI parade has been objected to, by the learned Advocate of the accused appellants analys..Category: Criminal Law | Date: | Hits: 147
Rahmatullah (Md.) Vs. Commissioner of Taxes, 2000, 29 CLC (HCD)
...., we answer the question in the affirmative and against the assessee and in favour of the Revenue. There will be no order as to costs. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 483.......red an appeal before the Joint Commissioner of Taxes, Range ‘A’ (East Dhaka) who after hearing both the parties vide his order dated 24‑4‑1986 dismissed the appeal and affirmed the assessment holding that the assessee has miserably failed to prove the capacity of each of the creditors to adv..Category: Fiscal/Taxation Law | Date: | Hits: 200
Registrar Vs. Sahrab Jan & others, 1995, 24 CLC (HCD)
....ioning failure of justice. In the result, the Rule is discharged. The stay order granted earlier by this Court in hereby vacated. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 214. ...... order sheet of LA Case of 1949‑50 dated 52.52. Both the Exts. are public documents and have been brought to show ownership of Ujir Bibi the predecessor‑in‑interest of the plaintiff in the suit holding. 4. Mr. M. Shafiullah, the leaned Advocate for the defendant No.6 petitioner, submits th..Category: Property Law | Date: | Hits: 126
Moktar Hossain Vs. Budhi Bala Dashi, 1994, 23 CLC (HCD)
.... of Mr. Amin is sustainable in law and they have no legs to stand upon. The result is that the appeal is dismissed without cost. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 202. .......1 to prove her case. The defendants examined two witnesses. The learned Additional District Judge after considering the materials and evidence on record granted Letters of Administration of the Will holding that the Will in question is a genuine one which was duly executed and registered by the tes..Category: Property Law | Date: | Hits: 183
Rezaul Karim Vs. Kabir Ahmed, 1997, 26 CLC (HCD)
....e in the petition and stating, inter alia, that the Election petition was barred by estoppel, acquiescence and waiver and that it was bad for defect of parties and that the Election took place in the disputed polling centre peacefully on 22-1-92 and that the Presiding Officer verbally declared that ...... his turn called for a report from the Presiding Officer and that before receipt of the report the Deputy Commissioner made recommendation illegally to the Election Commission with recommendation for holding re election of the members and Chairman of the Union Parishad in the aforesaid centre and th..Category: Election Law | Date: | Hits: 248
Fatima Begum (Mst.) Vs. Government of Bangladesh and others, 1989, 18 CLC (HCD)
....e heard and disposed of afresh by the properly constituted Court of Settlement. Let the records of the case be sent down at once. Ed. This Case is also Reported in: 42 DLR (HCD) (1990) 342. ...... 2. The petitioner Mosammat Fatima Begum filed the said case before the Court of Settlement under section 7 of the Abandoned Building (Supplementary Provisions) Ordinance, 1985 for exclusion of holding No.305/A, Nayatola, Magh Bazar, from Kha list of the Abandoned Buildings published on 23rd S..Category: Labour and Industrial Law | Date: | Hits: 197