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Anwar Hossain Khan Vs. Speaker of Bangladesh Sangsad Bhavan and others, 1994, 23 CLC (HCD)
....ng available before the Parliament the petition is not maintainable. It also challenged the locus standi of the petitioner to file the writ petition. It is further stated that the respondents are not persons or authority against whom a writ could lie. 8. Respondent No. 4 Mr. Moudud Ahmed has stat...... absentee members of the parliament without leave of the Parliament is recoverable by appropriate authority upon the processes of law. Ed. This case is also Reported in: 47 DLR (HCD) (1995) 42. ......he Parliament is recoverable by appropriate authority upon the processes of law. Ed. This case is also Reported in: 47 DLR (HCD) (1995) 42. ...... absentee members of the parliament without leave of the Parliament is recoverable by appropriate authority upon the processes of law. Ed. This case is also Reported in: 47 DLR (HCD) (1995) 42. ..Category: Constitutional Law | Date: | Hits: 344
Prof. Nurul Amin Bepari Vs. Vice-Chancellor & others, 1998, 27 CLC (HCD)
....stitution. As Article 52(1) of the Dhaka University Order, 1973 provides remedy by way of appeal from any order of any officer or class of authority of the University affecting any person or class of persons in the University by a petition to the Chancellor. The Syndicate according to Article 19 of ...... For the reasons stated above the Rule is liable to be discharged. Accordingly, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 405.......be discharged. Accordingly, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 405.......ors and he will take interview of a lecturer who is his teacher and such inclusion of a student in the Selection Board to take interview of his teacher is unjust and unfair and it disturbs the entire education system. It is further stated that some members of this Board are not teachers of the subje..Category: Employment/Service Law | Date: | Hits: 228
State Vs. A K M Mohiuddin, 1996, 25 CLC (HCD)
....epose against the appellant who helped him by giving loan of Taka 6,000.00. It appears to us that this P.W.2 became instrumental to involve the appellant in the alleged misappropriation by some other persons being inimical towards the appellant. In such view of the matter the testimony of this P.W.2......charge levelled against him. He be set at liberty forthwith if not wanted in any other connection. Send down the records at once. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 447. ......rty forthwith if not wanted in any other connection. Send down the records at once. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 447. ......charge levelled against him. He be set at liberty forthwith if not wanted in any other connection. Send down the records at once. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 447. ..Category: Criminal Law | Date: | Hits: 99
Advocate Md. Abdul Hamid Vs. Md. Fazlur Rahman, 1997, 26 CLC (HCD)
....dismissed if such a party is not joined/the provisions of the Code of Civil Procedure cannot be used as curative means to save the Election Petition. In that case under the Indian Election Rules some persons were to be made parties but in the Election petition those persons were not made parties. Su......hearing the learned Advocate for the petitioner, we find no merit in this application. So, this application is rejected summarily. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 441. ......pplication. So, this application is rejected summarily. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 441. ......hearing the learned Advocate for the petitioner, we find no merit in this application. So, this application is rejected summarily. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 441. ..Category: Election Law | Date: | Hits: 247
Government of Bangladesh and others Vs. Jahangir Alam & others, 2011, 40 CLC (AD)
....ading to legitimate expectation, Lord Diplock held (page 408 F-H, 409 A):— "To qualify as a subject for judicial review the decision must have consequences which affect some person (or body of persons) other than the decision-maker, although it may affect him too. It must affect such other pe......is also justified by the further consideration that, when the promise was made, the authority must have considered that it would be assisted in discharging its duty fairly by any representations from interested parties and as a general rule that is correct. In the opinion of their Lordships, the ......sts. Ed. This Case is also Reported in: 17 BLC (AD) (2012) 115; 32 BLD (AD) (2012) 145. ......n law but is just in fact. In the result, all the appeals are dismissed but without any order as to costs. Ed. This Case is also Reported in: 17 BLC (AD) (2012) 115; 32 BLD (AD) (2012) 145. ..Category: Employment/Service Law | Date: | Hits: 208
Md. Zahurul Islam Vs. Deputy Commissioner, Kushtia and others, 2012, 41 CLC (AD)
....the plaint. 3. The plaint case, in short, was that by different deeds of purchase and exchange dated 13-9-1980, 23-5-1980, 15-9-1980, 6-7-1981, 26-1-1981, 15-9-1981, and 15-2-1992 from different persons, the plaintiff acquired 0.99/4 acre of land as described in schedule –‘Ka’ to the plai......infirmity in the judgment and decree of the High Court Division in dismissing the suit. Accordingly, the leave petition is dismissed. Ed. This Case is also Reported in: 17 BLC (AD) (2012) 106. ...... suit. Accordingly, the leave petition is dismissed. Ed. This Case is also Reported in: 17 BLC (AD) (2012) 106. ......infirmity in the judgment and decree of the High Court Division in dismissing the suit. Accordingly, the leave petition is dismissed. Ed. This Case is also Reported in: 17 BLC (AD) (2012) 106. ..Category: Property Law | Date: | Hits: 105
Gadu Mia & others Vs. State, 1991, 20 CLC (HCD)
....of the western bank of their tank situated to the west of their house; that Aktar Hossain, Abdul Malek were at a little distance towards the north from the victim. Meanwhile at about 1 AM the accused persons namely one Gadu Mia alias Gadu son of Shadbu Mia, Mojibur Rahman alias Madhu, son of Shadu M......ttern of the charge which they have chosen to make against the accused persons, whether innocent or guilty? It is for this reason that a close scrutiny of the dying declaration like the statements of interested witnesses, becomes absolutely necessary. 18. Now, in the light of the above principles......they shall be set at liberty forthwith if not wanted in connection with any other case. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 246. ......ted from the charge levelled against them and they shall be set at liberty forthwith if not wanted in connection with any other case. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 246. ..Category: Criminal Law | Date: | Hits: 106
State Vs. Dr. Md. Nurul Islam, 2011, 40 CLC (HCD)
....ut 10 hours in the morning when his brother Togor was getting ready for going to Badalgachchi came to learn that accused Dr. Md. Nurul Islam along with 14 others named in the F.I.R. and 15/20 unknown persons being armed with guns and deadly weapons like Farsha, Teta, rod, lathi etc. unlawfully tresp......elieve the testimony of the P.Ws. on material particulars regarding time, place and manner of the alleged occurrence which finds sufficient corroboration from the evidence of other independent and disinterested prosecution witnesses coupled with the chain of strong circumstantial evidence. 40. As...... the concerned Court below for information and necessary action at once. Md. Emdadul Haque Azad J. - I agree. Ed. This Case is also Reported in: ...... a copy of this judgment and order, be sent to the concerned Court below for information and necessary action at once. Md. Emdadul Haque Azad J. - I agree. Ed. This Case is also Reported in: ..Category: Criminal Law | Date: | Hits: 104
State Vs. Md. Saiful Huq @ A. Saiful and 6 others, 2012, 41 CLC (HCD)
....o dealt blows by different weapons on his companions and then they fled away. In the meantime, the Caretaker of the Farm, Towfiz informed the fact to the mother of the informant who then sent several persons of the locality to the place of occurrence who rescued the injured Ratan from an empty house......Send down the Lower Court Records with a copy of this judgment and order at once for information and necessary action. Md. Emdadul Haque Azad J. - I agree. Ed. This Case is also Reported in: ......of this judgment and order at once for information and necessary action. Md. Emdadul Haque Azad J. - I agree. Ed. This Case is also Reported in: ......Send down the Lower Court Records with a copy of this judgment and order at once for information and necessary action. Md. Emdadul Haque Azad J. - I agree. Ed. This Case is also Reported in: ..Category: Criminal Law | Date: | Hits: 93
Abdur Rahman Molla Vs. State, 1998, 27 CLC (HCD)
.... of 1998. 2. Informant Mohammad Moktel Shaikh lodged a First Information Report on 27-2-98 with Kalia Police Station alleging that on 26-2-98 his cousin Delwar Hossain was assaulted by the accused persons resulting in serious injuries to him and informant got him admitted in Noapara Hospital and ......ch Deputy Commissioner, Narail is directed to take steps for his arrest. Communicate the order to the Deputy Commissioner, Narail. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 403. ......take steps for his arrest. Communicate the order to the Deputy Commissioner, Narail. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 403. ......ch Deputy Commissioner, Narail is directed to take steps for his arrest. Communicate the order to the Deputy Commissioner, Narail. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 403. ..Category: Criminal Law | Date: | Hits: 93
Pranajit Barua Vs. State and another, 1998, 27 CLC (HCD)
....ed. 6. Before considering the respective submission it is necessary to quote the provisions of sub-section (3) of section 491 of the Code which is as follows: “Nothing in this section applies to persons detained under any law for the time being in force providing for preventive detention”. Th......in Chittagong District Jail is declared illegal. Let him be set at liberty forthwith if not wanted in connection with any other case. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 399. ......l. Let him be set at liberty forthwith if not wanted in connection with any other case. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 399. ......in Chittagong District Jail is declared illegal. Let him be set at liberty forthwith if not wanted in connection with any other case. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 399. ..Category: Criminal Law | Date: | Hits: 72
Shainpukur Holding Ltd. Vs. Security Exchange Commission, 1997, 26 CLC (HCD)
....itan Magistrate, in short CMM, Dhaka on 2-4-97 three petitions signed by Mr. MA Rashid Khan, Executive Director, of the Commission as the authorised officer against the respective First Party accused persons quoting extracts from the report dated 27-3-97 submitted by a Enquiry Committee constituted ......tes did not agree to our proposal to hear those Rules along with these References though we thought that same or similar questions have also been raised in those Rules. It appears to us that they are interested on fighting legal battles keeping the criminal proceedings before the Court below stayed.......M Dhaka. In the result, the References are rejected and order of stay stands vacated. Ed This Case is also Reported in: 50 DLR (HCD) (1998) 291. ......the criminal proceedings pending before the CMM Dhaka. In the result, the References are rejected and order of stay stands vacated. Ed This Case is also Reported in: 50 DLR (HCD) (1998) 291. ..Category: Business or Commercial Law | Date: | Hits: 219
Bangladesh Vs. Dr. Nasiruddin, 1983, 12 CLC (AD)
....t Division considered the provision of the Ordinance III of 1959. That Ordinance was provided for the constitution, power and procedure of the Committee appointed to scrutinise the conduct of certain persons. That Ordinance has given the power to appoint Committee and for recording finding and the p......this appeal is allowed and the judgment and order of the Courts below are set aside and the plaintiff's suit is dismissed. No costs. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 359. ......ssed. No costs. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 359. ......this appeal is allowed and the judgment and order of the Courts below are set aside and the plaintiff's suit is dismissed. No costs. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 359. ..Category: Employment/Service Law | Date: | Hits: 196
Md. Zahir Abdullah Khan @ Zahir Abdullah Khan & others Vs. Abdul Latif & others, 1983, 12 CLC (AD)
....ration of tenancy and restoration. 9. The next question—Where the plaintiff was thrown forcibly. He has disowned his own receipt Ext. 2 by saying that it has been extorted from him forcibly. The persons-responsible for such extortion are the defendants 2 and 3 namely, Pourashava, its Administ......d. Judgment and decree of both the Courts below are set aside and the plaintiffs' suit is dismissed. There will be, however, no costs. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 354. ......ever, no costs. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 354. ......d. Judgment and decree of both the Courts below are set aside and the plaintiffs' suit is dismissed. There will be, however, no costs. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 354. ..Category: Property Law | Date: | Hits: 99
.... for the huge arrear revenue dues on the grounds, inter alia, that the lands of some of the Khatians had been acquired by the Government and some of the lands had been transferred by him to different persons; and praying for permission to pay the proportionate amount of the rent dues for his exist......e his name was mutated as Percival's co-sharer under a joint Jama of Rs. 4 and annas 7. Percival also held many other parcels of land such as in Khatians Nos. 18, 20 and 24, but the Respondent is not interested in those lands as he is not a co-sharer there. A Certificate Case being C.C. No.408 of 19......
Ed.
This Case is also Reported in: 35 DLR (AD) (1983) 338.
......ge and that of the High Court Division are set aside and the judgment of the trial Court restored. There will be no order as to costs.
Ed.
This Case is also Reported in: 35 DLR (AD) (1983) 338.
..
Category: Property Law | Date: | Hits: 128
Nasiruddin Ahmed Pintu (Md.) Vs. State, 2010, 39 CLC (HCD)
....ecorded against the petitioner. An Assistant Director of Anti-Corruption Commission investigated the case and after investigation submitted charge sheet against the petitioner and two other accused persons namely, (1) Md. Shahinuzzaman Titu and (2) Upendra Mohan Basak, on the accusation, that in a......se No.15 of 2007 pending in the 1st Court of the Special Judge, Dhaka, is hereby recalled. The case will proceed in accordance with law. Ed. This Case is also Reported in: 63 DLR (HD) (2011) 214.......he Special Judge, Dhaka, is hereby recalled. The case will proceed in accordance with law. Ed. This Case is also Reported in: 63 DLR (HD) (2011) 214.......se No.15 of 2007 pending in the 1st Court of the Special Judge, Dhaka, is hereby recalled. The case will proceed in accordance with law. Ed. This Case is also Reported in: 63 DLR (HD) (2011) 214...Category: Criminal Law | Date: | Hits: 230
Dr. Kamal Hossain and others Vs. State, 2010, 39 CLC (HCD)
....information report in respect of the same occurrence was lodged by Md. Nurul Islam, Court Officer, Bangladesh Supreme Court over the self same occurrence without mentioning the names of any accused persons. Further one Md. Rafiqul Islam, Court Keeper of the High Court Division filed another first ......gment be sent to the Ministry of Home Affairs and the Inspector General of Police. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 204; 16 MLR (HCD) (2011) 343; 30 BLD (HCD) (2010) 400. ......and the Inspector General of Police. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 204; 16 MLR (HCD) (2011) 343; 30 BLD (HCD) (2010) 400. ......gment be sent to the Ministry of Home Affairs and the Inspector General of Police. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 204; 16 MLR (HCD) (2011) 343; 30 BLD (HCD) (2010) 400. ..Category: Criminal Law | Date: | Hits: 132
Carew and Company (Bangladesh) Limited Vs. Chairman Labour Court and others, 1998, 27 CLC (HCD)
....he definition of section 2 sub-section (24) and the agreement has already been acted upon and given effect to and further that there is no mention in the agreement that the same was only for these 44 persons as alleged by the petitioner. 5. Perused the petition, the affidavit-in-opposition and th......t further delay. The order of stay granted earlier by this Court hereby stands vacated. Send down the lower Court records at once. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 396. ......this Court hereby stands vacated. Send down the lower Court records at once. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 396. ......t further delay. The order of stay granted earlier by this Court hereby stands vacated. Send down the lower Court records at once. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 396. ..Category: Labour and Industrial Law | Date: | Hits: 281
....described as:
“The equal protection clause guarantees that similar individuals will be dealt with in a similar manner by the government. It does not reject the Government’s ability to classify persons or draw lines in creation and application of laws, but it does guarantee that those classifi......against item No.4 in ‘Kha’ list vide Gazette Notification dated 23-9-86 prepared pursuant to Ordinance No.54 of 1985.
57. The case of the petitioners is that, Mrs. Amina Khatun, predecessor-in-interested of the petitioner, obtained 99 years leasehold right along with the possession of the plo......m ‘Kha’ list within 60 (sixty) days from the date of receipt of this order.
Ed.
This Case is also Reported in: 50 DLR (HCD) (1998) 372.
....... The respondents directed to exclude the property from ‘Kha’ list within 60 (sixty) days from the date of receipt of this order.
Ed.
This Case is also Reported in: 50 DLR (HCD) (1998) 372.
..
Category: Property Law | Date: | Hits: 150
Syed Matiur Rahman Motiur Rahman @ Motiur Rahman Vs. State, 1983, 12 CLC (AD)
....r according consent for withdrawal of the case in respect of the appellant and another co-accused Yunus Jamadar on the ground that Government has withdrawn the case in respect of the said two accused persons, vide Memo No.3497(2) Judl. dated 10.12.80. The complainant Mahmuda Begum opposed the prayer......Division have rightly affirmed the said decision. We find no reason to interfere with the impugned decision. The appeal is dismissed. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 329.......ion. We find no reason to interfere with the impugned decision. The appeal is dismissed. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 329.......Division have rightly affirmed the said decision. We find no reason to interfere with the impugned decision. The appeal is dismissed. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 329...Category: Criminal Law | Date: | Hits: 82
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