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....d with as prayed for.
This appeal will be heard along with the appeal arose out of Civil Petition for Leave to Appeal No.2291 of 2008.
Ed.
This Case is also Reported in: VIII ADC (2011) 770.
......d with as prayed for.
This appeal will be heard along with the appeal arose out of Civil Petition for Leave to Appeal No.2291 of 2008.
Ed.
This Case is also Reported in: VIII ADC (2011) 770.
......hority has no authority to terminate an employee without issuing a notice and that the said rule enables the writ respondents to exercise power arbitrarily against an employee without assigning any reason whatsoever.
3. The writ-respondent Nos.1, 2 and 3 contested the petition by filing an affi..
Category: Employment/Service Law | Date: | Hits: 97
Noni Gopal Das and others Vs. Dinesh Chandra Das and others, 2011, 40 CLC (AD)
.... 1.48 acres of land as described in schedule 'Ka1 to the plaint. The said deed of gift was shown to have been executed on 06.04.1985. On coming to know about such forgery the plaintiff instituted a criminal case being Complaint Case No.9 of 1986 in the Court of Magistrate, Bawfal, Patuakhali again...... order and as such, the same does not call for interference by this Court. Accordingly, the petition for leave to appeal is dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 739. ......of the plaintiff and Dilip Kumar Das were duly mutated in Mutation Case No. 240 Baw/85-86 and separate Khatians were prepared in their names. In the absence of Narayan Chandra Das, defendant Nos.1-3 created a forged deed of gift on 29.07.1985 through personation showing Narayan Chandra Das as execut..Category: Property Law | Date: | Hits: 62
Shariful Islam Vs. Billal Hossain and the State, 1992, 21 CLC (HCD)
.... Revision No.33 of 1991 is hereby set aside and the trial Court is hereby directed to proceed with the trial in accordance with law. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 722. ...... Revision No.33 of 1991 is hereby set aside and the trial Court is hereby directed to proceed with the trial in accordance with law. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 722. ......n they came out for rescue of his son. On returning home he found his wife and son in injured condition and took his son to Munshiganj Sadar Hospital wherefrom he was taken to PG Hospital, Dhaka for treatment. On receipt of the FIR, Police took up investigation of the case and after completion of th..Category: Criminal Law | Date: | Hits: 67
Rafiqul Hossain @ Ranaesh and another Vs. Lal Mohan Saha and others, 1991, 20 CLC (HCD)
....he paddy in question and the date of service of writ of temporary injunction on them properly. Dr. Ahmed Hossain further submits that as the proceeding under Order 39, rule 2(3) of the CPC is quasi‑criminal in nature the Court is under legal obligation to frame issue containing the allegations of ......trial Court passed the order of the attachment of the property. 9. In the result, the Rule is made absolute. No order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 718. ......358 of 1981 which was instituted for permanent injunction in the Court of Munsif, Netrakona on various averments and the learned Munsif issued an order on 27.7.81 granting ad‑interim injunction. Thereafter the opposite parties on 14.9.81 filed an application under Or. 39 r 2(3) CPC for attachment ..Category: Criminal Law | Date: | Hits: 90
....adesh, reported in 45 DLR (AD) 89 their Lordships held that "Pendency of Criminal case where allegations are of serious nature the detaining authority may consider them and, despite the pendency of a criminal case, can make an order of detention if it is satisfied that the detenu is to be prevented,......ngla, District Bagerhat, now detained in Bagerhat district jail, be set at liberty forthwith, if not wanted in connection with any other case.
Ed.
This Case is also Reported in: 57 DLR (2005) 32.......nce on which the detaining authorities rely. He may not be able to adduce evidence before the Advisory Board to rebut the allegations against him. It would be entirely erroneous and wholly unsafe to treat the opinion expressed by the Advisory Board having regard to the nature of the enquiry held by ..
Category: Criminal Law | Date: | Hits: 64
Emdadul Hoque Vs. State, 2004, 33 CLC (HCD)
.... cross-examined by the prosecution while the learned trial Court recorded his findings against the doctor who held post‑mortem examination on the dead body of deceased and also suggested for taking criminal action against him, but it is a matter of regret that the arguments and reasonings so assig......n. Send down the LC records along with a copy of this judgment to the trial Court concerned immediately for information and necessary action. Ed. This Case is also Reported in: 57 DLR (2005) 21. ......pared sketch-map with separate index thereof, seized alamats by preparing seizure list, examined the witnesses and recorded their statements under section 161 of the Code of Criminal Procedure and thereafter submitted a charge-sheet against the accused-appellant, since prima facie case was made out ..Category: Criminal Law | Date: | Hits: 76
Abdur Rahman Dhali and others Vs. State, 2004, 33 CLC (HCD)
....ort the present accused-petitioners filed a complaint with the higher authority of district Food Department and Anti-Corruption Bureau against said Mollah Kamruzzaman stating the nature of offence of criminal breach of trust committed by him. 14. On the basis of the said allegation, brought by th......rt of Divisional Special Judge, Barisal at once directing to ensure the trial of the accused Mollah Kamruzzaman at the earliest opportunity. Ed. This Case is also Reported in: 57 DLR (2005) 17. ......erned Food Department, Barisal alleging, inter alia, that one Mollah Kamruzzaman, Ex‑Food Officer, Hizla took an amount of Taka 66,514.21 as price of ration goods in order to deposit in Government treasury and dishonestly misappropriated the said amount of money without depositing the same in the ..Category: Criminal Law | Date: | Hits: 85
Abdus Sattar Pramanik (Md) and another Vs. State and another, 2003, 32 CLC (HCD)
....r of stay granted at the time of issuance of the Rule is hereby recalled. Communicate a copy of this order to the Court concerned at once. Ed. This Case is also Reported in: 56 DLR (2004) 453.......r of stay granted at the time of issuance of the Rule is hereby recalled. Communicate a copy of this order to the Court concerned at once. Ed. This Case is also Reported in: 56 DLR (2004) 453.......tted on 1‑8-2000 against all the first information report named accused persons under sections 467/468/471/34 of the Penal Code whereupon the learned Magistrate 1st Class, Cognizance Court, 'Ka' Area, Bogra, accepted the charge-sheet. Against that order the petitioners filed that application und..Category: Criminal Law | Date: | Hits: 62
Rajab Ali Zulfiqar Vs. State, 1993, 22 CLC (HCD)
.... and by the remaining amount he purchased some wood pieces for the said purpose of development work of the school and hence there was nothing due from him and accordingly there was no scope for any criminal breach of trust or misappropriation of the alleged money. Admittedly the trial was held i......o surrender to his bail bond and serve out the remaining sentence at once. Let the, records of the, case be sent down immediately. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 705. ......elopment work of the said school. Out of the said amount of Tk. 10,000.00 the appellant first deposited the cheque for the said amount of Taka 10,000.00 in the Durgapur Branch of the said Bank and thereafter withdrew and encashed a sum of Taka 9,900.00 during the period from 11.2.83 to 15.3.83 and o..Category: Criminal Law | Date: | Hits: 92
Air Marshal Jamaluddin Ahmed (Retd) Vs. Government of Bangladesh and others, 2004, 33 CLC (HCD)
....afts. This case resulted in the non-settlement of his pension benefit which cannot be done till he is acquitted from the said case (Annexure 6). It is however, explained that because of the pending criminal case he could not be placed in any category entitling him for ration facilities. It is furt......om the date of receipt of the copy of this judgment and order. In the result, the Rule is made absolute but without any order as to costs. Ed. This Case is also Reported in: 57 DLR (2005) 1. ......nt or after deduction of the said amount from his pension-cum-gratuity with his consent and accordingly, the petitioner had duly given his consent for such deduction although he did not know for what reason the said amount was to be deducted from his dues. Thereafter, the Ministry of Defence, the re..Category: Employment/Service Law | Date: | Hits: 148
State Vs. Abdul Hatem, 2003, 32 CLC (HCD)
....Jamalpur in Sessions Case No. 76 of 1999 arising out of Sarishabari Police Station Case No. 19(6)/97 corresponding to GR Case No. 462(2)97. Ed. This Case is also Reported in: 56 DLR (2004) 431. ......Jamalpur in Sessions Case No. 76 of 1999 arising out of Sarishabari Police Station Case No. 19(6)/97 corresponding to GR Case No. 462(2)97. Ed. This Case is also Reported in: 56 DLR (2004) 431. ......2 Santi Begum, PW 5 Mohiruddin alias Mahor and others came to the scene of occurrence. Rahima Khatun was taken to seeds club and Dr. Md. Hanifuddin (PW 4) was called who expressed his inability to treat Rahima Khatun and suggested to take her to Sarishabari Hospital. Rahima Khatun succumbed to inj..Category: Criminal Law | Date: | Hits: 75
Syed Khalilulla Salik alias Juned Vs. Haji Md. Rahmat Ullah, 1995, 24 CLC (HCD)
....ceeding of CR Case No.224 of 1988 pending in the Court of Magistrate, 3rd class, Sadar, Sylhet is quashed. Send back the LC records. Ed. This Case is also Reported in: 49 DLR (HD) (1997) 16. ......ceeding of CR Case No.224 of 1988 pending in the Court of Magistrate, 3rd class, Sadar, Sylhet is quashed. Send back the LC records. Ed. This Case is also Reported in: 49 DLR (HD) (1997) 16. ......eeting was held on 28‑8‑88. On demand the accused petitioner did not return the signed blank paper to the complainant. It has been alleged that the complainant learnt that the accused petitioner created a false document on the said signed paper. 3. The learned Magistrate examined complainant..Category: Constitutional Law | Date: | Hits: 169
Ripon Howlader Vs. State, 2009, 38 CLC (AD)
....ourt Division in Death Reference No.117 of 004 with Criminal Appeal Nos. 3216 of 2004 and 3437 of 2004 heard with Jail Appeal No.924 of 2004 rejecting the Death Reference and dismissing the aforesaid criminal appeals with modification so far as it relates to the petitioner to the effect that he is s......the above, we find no substance in the submissions of the learned Advocate for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 715.......r, husband of informant Mahmuda Begum, with passenger in his 'tempu' from Jhalakathi college intersection started for Nabagram. On the way, a nim tree was found fallen over the bridge of Agalpasha creating obstruction. The deceased got down from the 'tempu' and tried to remove the tree for making ..Category: Criminal Law | Date: | Hits: 81
Md. Moniruzzaman alias Chaklet and others Vs. State, 2009, 38 CLC (AD)
....ntence of the petitioners is commuted to rigorous imprisonment for 14 (fourteen) years. The sentence of fine is, however, maintained. Ed. This Case is also Reported in: VIII ADC (2011) 711.......ntence of the petitioners is commuted to rigorous imprisonment for 14 (fourteen) years. The sentence of fine is, however, maintained. Ed. This Case is also Reported in: VIII ADC (2011) 711.......the informant along with his niece Sagorika was going to her father's house by motercycle from Ideal High School Centre after attending Islamic Studies Examination and at about 13:10 hours while they reached on the turning of Shalikha Golai 3 road accused Chaklet, Mostak, Masud obstructed them and f..Category: Criminal Law | Date: | Hits: 70
Shatadal Mondal Vs. State, 2011, 40 CLC (HCD)
....erty to cancel the bail, if the accused appellant misuses in any way the privilege of bail. Communicate the order. Md. Ashraful Kamal J. - I agree. Ed. This Case is also Reported in: ......erty to cancel the bail, if the accused appellant misuses in any way the privilege of bail. Communicate the order. Md. Ashraful Kamal J. - I agree. Ed. This Case is also Reported in: ......se No.16 of 2010 dated 25.4.2010 under section 19A of the Arms Act, rejecting the prayer for bail of the appellant. 2. The petitioner was brought to the trial under section 19A of the Arms Act. Thereafter since his prayer for bail was rejected by the impugned order then he preferred the instant a..Category: Criminal Law | Date: | Hits: 69
Manjurul Huq Vs. Bangladesh and others, 1991, 20 CLC (HCD)
....0.1.91 when a Sub‑Inspector of Ramna PS would also be present. On the grounds stated above the application is summarily rejected. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 239.......0.1.91 when a Sub‑Inspector of Ramna PS would also be present. On the grounds stated above the application is summarily rejected. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 239.......l Islam Avenue, Shahbagh, Dhaka for running the Canteen of respondent No.2 with effect from 1st May, 1989 initially for a period of one year on the basis of an agreement Annexure‑A dated 22.4.89.Thereafter the lease period expired on 30 May 1991. It is provided in the second page of the lease deed..Category: Civil Law | Date: | Hits: 56
Mitali Shipping Lines Vs. Bhuiyan Navigation Agency, 1991, 20 CLC (HCD)
.... the Civil Court. The question that falls for decision is whether the vessel after being given to the jimma of the opposite party No.3 by an order under section 516A CrPC remains in the seisin of the criminal Court pending the conclusion of the enquiry or trial. Mr. Saidul Huq drawing my attention t...... court revising the order of the learned Magistrate made under section 516A CrPC. The Rule is made absolute. No order as to costs. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 230. ......ered all these aspects, I think, rightly passed the order giving custody of the vessel to an independent and neutral person, the opposite party No.3, the Chairman of Keranigonj Upazila. 7. For the reasons stated above, I set aside the order passed by the learned Assistant Judge and direct that th..Category: Civil Law | Date: | Hits: 97
Shadat Ali and another Vs. State, 1991, 20 CLC (HCD)
....ished as the burden of proof on the prosecution never shifts. The prosecution in order to succeed must prove its own case beyond all reasonable doubt. This cardinal principle in the administration of criminal justice is well settled and we have nothing to differ with the same. We have only to see wh......bail bond forthwith and serve out the remaining sentence passed against him. Let the records of the case be sent down expeditiously. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 217. ......ound P.Ws. Almas Ali, Alkas Ali, Sukur Ali, Mokram Ali son of late Mosaddar Ali, Ilias Ali and others there. He also found his two brothers Akram Ali and Abdur Rahman lying with grievous injuries. Thereafter with the help of other P.Ws. present there, he took the victims Akram Ali and Abdur Rahman t..Category: Criminal Law | Date: | Hits: 73
Aminul Islam Vs. S. M. Habib alias Dulal and others, 2011, 40 CLC (AD)
....ty thousand) to Sarif Lokman Ahmed and asked him to execute and register the kabala deed as per stipulation but Sarif Lokman Ahmed instead of executing and registering the kabala deed filed a false criminal case against the plaintiff-which subsequently was dismissed. Sarif Lokman Ahmed subsequentl......book is dispensed with as prayed for Parties arc directed to maintain status quo as regards the possession till disposal of the appeal. Ed. This Case is also Reported in: VIII ADC (2011) 631. ......dle East, required money and as such he contracted to sell another 27 decimals of land of plot Nos.4274 and 4275 of mouza Magura to the plaintiff at a consideration of Tk. 1,00,000/- (one lac) and thereafter on taking eighty thousand taka out of the stipulated consideration money from the plaintiff ..Category: Property Law | Date: | Hits: 51
Zeenat Textile Mills Ltd. Vs. Chairman, Third Labour Court, Dhaka and another, 1991, 20 CLC (HCD)
....t is not authorised in law to do. He further submitted that the finding of the Labour Court: "In depositing the solenoid valve on the date of survey keeping the same with him for 5/6 days is not a criminal or mala fide action on his part as contemplated u/s 17(3) of the Standing Orders Act." ......d Labour Court, Dhaka in Complaint Case No.25 of 1984 to have been made without lawful authority and the same is of no legal effect. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 213. ......, alleged that there was no enquiry in accordance with law. He has further alleged that his statement was not taken nor any witness was examined in his presence and in fact no enquiry was held and thereafter he was dismissed by the petitioner vide letter dated 25.2.84 which he received on 1.3.84. Be..Category: Labour and Industrial Law | Date: | Hits: 172
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