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Emdadul Hoque Vs. State, 2004, 33 CLC (HCD)
....ged on the self‑same date whereupon the aforesaid police station case was started. 3. Police took up investigation, prepared inquest report of the dead body of deceased and sent it to morgue for holding post‑mortem examination, visited the place of occurrence and prepared sketch-map with sepa......rd ultimately came to the file of the present trial Court who on the basis of materials available on record framed charge against the accused-appellant under section 302 of the Penal Code and read it over to him on dock to which he pleaded not guilty and demanded trial. 5. The prosecution examine..Category: Criminal Law | Date: | Hits: 76
Abdus Salam (Md) Vs. University of Rajshahi & others, 2004, 33 CLC (HCD)
....n-Opposition, sworn on 18‑2‑2002, submits that the authorities of the Rajshahi University meticulously followed the requirements of law contained in subsection (3) of section 55 of the Act in holding as many as 3 enquiries and found him guilty of the charges as specifically spelt out in the ......erty to proceed against the petitioner in accordance with law. In the result, this Rule is made absolute but without any order as to costs. Ed. This Case is also Reported in: 56 DLR (2004) 441. ..Category: Employment/Service Law | Date: | Hits: 60
Afzal Hossain Vs. Chief Election Commissioner and others, 1992, 21 CLC (HCD)
....f mob violence at the time of counting of votes and ordered a repoll for the whole. The Supreme Court of India held that such an order under compulsion of circumstances can be saved under Article 324 holding that when the provisions of the Representation of People Act is silent without any direction......) evidencing that the respondent No.8 did not repay the loan within the specified time allowed and so the Returning Officer rejected the nomination paper under section 2(g) of section 7 of the Local Government (Union Parishads) Ordinance, 1983. 3. Against the said order respondent No.8 whose nomi..Category: Election Law | Date: | Hits: 153
Mozibar Rahman Molla (Md) and another Vs. Rehazuddin and others, 2003, 32 CLC (HCD)
....o.140 of Mouja Vulta under police station Rupganj within the district of Narayanganj. 3. The case of the pre‑emptor, in brief, is that the pre‑emptors are co-sharers by inheritance in the case holding, and that the opposite party No.4 without serving any notice under section 89 of the State A......ons made in this judgment. Send down a copy of this judgment along with the Lower Courts Record to the trial Court at once for compliance. Ed. This Case is also Reported in: 56 DLR (2004) 427...Category: Property Law | Date: | Hits: 98
Ziaul Hoque alias Bakul Vs. Md Sirajul Islam and others, 2002, 31 CLC (HCD)
....ving been shown as 25 years, the said entry could not be challenged and, as such, the Appellate Tribunal committed error of law resulting in an error in the decision occasioning failure of justice in holding that the present petitioner failed to prove that he attained the age of 25 years. In suppo......No. 1 contested the said election petition by filing a written objection stating, inter alia, that his date of birth is 11‑12‑69 and he being the eldest son of his parents was admitted at Dalpur Government Primary School, where he completed his education up to Class-V. In 1982 the petitioner was..Category: Election Law | Date: | Hits: 156
.... his part and claimed that he was innocent of the charges and prayed for personal hearing so that he might be exonerated of the charges (Annexure‑G).
5. The Inquiry Officer fixed 14‑5‑81 for holding inquiry. It is alleged by the petitioner that during the inquiry, the Inquiry Officer record......ferred to the office of the District Manager (Fertilizer), BADC, Pabna. 71be petitioner was asked by the respondent No.5, District Manager, BADC, Pabna, to explain why Taka 71,680.13 should not be recovered from him in addition to the imposition of penalty for breach of trust and misconduct and for ..
Category: Criminal Law | Date: | Hits: 78
Mokbul Ahmed Vs. Shamsul Rashid and others, 1996, 25 CLC (HCD)
....ended. The appellant accordingly prayed for recalling the said order of enrolment treating the property to be a Waqf property. The Waqf administrator heard the same application and dismissed the same holding that the property is a Waqf property though he made certain redundant remarks directing the ......ver, found that there was no evidence that the property of India was divided with Sylhet town property and repelled the submission of the learned Advocate for the appellant that the intention is the governing factor to show whether the Waqf Deed was ever acted upon or not and concurred with the find..Category: Trust/Waqf Law | Date: | Hits: 165
Syed Khalilulla Salik alias Juned Vs. Haji Md. Rahmat Ullah, 1995, 24 CLC (HCD)
....allah Mosque Committee and the accused petitioner was the Secretary of that committee. On 18‑8‑88 at about 8‑00 PM the accused petitioner came to the house of the complainant and on the plea of holding a meeting of the mosque committee on 28‑8‑88 took his signature on a white paper but no ......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. ..Category: Constitutional Law | Date: | Hits: 169
Abu Bakkar Siddique Vs. Justice Shahabuddin Ahmed and others, 1996, 25 CLC (HCD)
.... the schedule of election to the office of President Bangladesh outlining the time of election, filing of nomination papers, scrutiny of nomination papers, withdrawal of nomination papers and lastly, holding the election on 1st of August, 1996. Retired Chief Justice Shahabuddin Ahmed being a candida......6 DLR (SC), 44 (Beru Bari case); State of Haryana Vs. Haryna Co-operative Transport Ltd., AIR 1977 (SC) 237; SP Gupta Vs. Union of India, AIR 1982 (SC) 149; Bangladesh Sangbad Patra Parishad Vs. The Government of Bangladesh, 43 DLR (AD) 126. Lawyers Involved: Asrarul Hossain with Ajmalul Hossa..Category: Constitutional Law | Date: | Hits: 200
Mosammat Manikjan Bibi Vs. Md. Jalil alias Abdul Jajil and others, 2011, 40 CLC (AD)
....ntested by both the pre-emptees who were opposite party Nos. 1 and 2 in the pre-emption petition by filing a written objection. Their case, in short, is that pre-emptor is not a co-sharer in the case holding. The case land appertains to S.A. Khatian No.18 and seller Nowab Ali got his name mutated ......nd reversed the judgment and order passed by the appellate Court. We find no substance in this petition which is accordingly dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 695. ..Category: Property Law | Date: | Hits: 58
....lso not at all spelt out in the order of the executing Court. Mr. M. Amirul Islam has further contended that the decree-holder and the auction purchaser acted malafide in collusion with each other in holding the auction of the scheduled property inasmuch as in making the advertisement for sale, ......ty and on that date the same was sold in auction at TK. 13,50,000.00 being the highest bid. The decree-holder Bank and the executing Court accepted the bid though the execution case was levied for recovery of TK. 15, 26,614.00. The petitioners being the owners of the scheduled property filed an appl..
Category: Property Law | Date: | Hits: 48
Md. Shamsul Hoque Vs. Md. Jabbar and another, 2011, 40 CLC (AD)
....ieved by this judgment and order of the Appellate Court the defendant No.1 preferred Civil Revision No.2294 of 2009 but the revisional court also upheld the judgment and decree of the Appellate Court holding the same view and making observation to the effect that possession on the basis of unregiste......a and their mother Sakhina Khatun were in possession of their 1.17 acres of land they came to know in the middle of 1994 that 06 decimals land out of their 1.17 acres of land was acquired by the Government for the purpose of construction of a by-pass road and that the defendant No.1 Shamsul Hoqu..Category: Property Law | Date: | Hits: 76
Rupali Jute Baling Ltd. Vs. Agrani Bank, 1991, 20 CLC (HCD)
....en objection in the said Miscellaneous case on 21.5.89. The said review petition was heard on contest on 16.11.89 and after hearing of the matter the court dismissed the said petition filed on review holding, inter alia, that admittedly the appeal is pending and when an appeal is pending, the review......fendant No.1 by filing a written statement. It is the case of the defendant No.1 that the alleged liability is not correct and it is highly inflated and that the plaintiff Bank without following the Government's direction as per Shahadutullah's Commission report, which the Jute traders as to interes..Category: Procedural Law | Date: | Hits: 111
Mir Amanullah Vs. Mohammad Sharif and others, 1991, 20 CLC (HCD)
....e‑emption case on the finding that the transfer in question was Heba-bil-ewaj and within 3 degrees of the transferor and the lower appellate Court affirmed the dismissal order of the trial Court by holding that such transfer is protected from pre‑emption as being within the three decrees of cons......that the case was not maintainable as the transfer under pre‑emption was for non‑pecuniary consideration in favour of opposite party Nos.1 and 2 who are the grandsons of late Mir Abdul Jalil. Moreover, the case was barred by limitation and for defect of parties. 4. The trial Court dismissed t..Category: Property Law | Date: | Hits: 75
Afia Khatun Vs. Secretary, Ministry of Works and another, 1992, 21 CLC (HCD)
....tsman on 1.9.77 under the Ministry of Law and Justice. The Petitioner was subsequently transferred to Ministry of Relief & Rehabilitation on 16.3.83 as Deputy Director and since then she has been holding the same post. The husband of the petitioner is also a public servant. He is also member of .......25, Larmini Street, Wari, Dhaka by the respondents vide Memo No. DA‑AP/949/1125 dated 10.1.79 vide Annexure A. The premises No.25, Larmini Street, Dhaka is an abandoned property and vested in the Government for administration, control, management, disposal or otherwise in accordance with the prov..Category: Property Law | Date: | Hits: 75
Shadat Ali and another Vs. State, 1991, 20 CLC (HCD)
....ase. P.W.10 Dr. Md. M N Hoque Chowdhury is another doctor who examined, the victim Abdur Rahman P.Ws and also Amena Khatun, wife of accused Shadat Ali. In this case P.W.8 Dr. Md. Albabur Rahman after holding the post‑mortem examination of the dead body of deceased Akram Ali on 10.8.1985 at about 1...... accused persons, while accused Mohiuddin was additionally charged under section 326 of the Penal Code by the learned Sessions 3udge. All the accused pleaded not guilty to the charges which were read over and explained to them and they pleaded not guilty to the same and claimed to be tried. 4. Th..Category: Criminal Law | Date: | Hits: 73
....he Service Regulation terminated the respondent and the High Court Division was proper in failing to look into the terms of the rule and to see the legality or illegality of the termination order holding, inter alia, that the Corporation committed illegality in collecting the service charge fr......e writ petitioner thereupon submitted a reply denying the allegations. He was also directed to appear before the inquiry committee in person but he was not afforded sufficient opportunity to controvert the allegation. Thereafter he was served with a second show cause notice on the allegations th..
Category: Employment/Service Law | Date: | Hits: 109
Aminul Islam Vs. S. M. Habib alias Dulal and others, 2011, 40 CLC (AD)
.... P.W.3 and the scribe P.W.4 and, therefore, whether the judgment and decree of the High Court Division are not sustainable in law. ii. Whether the High Court Division committed an error of law in holding that the suit was not maintainable as it disclosed no cause of action because the plaintiff ......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. ..Category: Property Law | Date: | Hits: 51
Zeenat Textile Mills Ltd. Vs. Chairman, Third Labour Court, Dhaka and another, 1991, 20 CLC (HCD)
....d illegally. It may be mentioned the Labour Court did not find that the Domestic Tribunal did not comply with the requirement of section 18 of the Standing Orders Act which provides the procedure for holding domestic enquiry. 11. The learned Advocate appearing for the respondent No.2 has submitte......tagong. Out of 12 pieces of solenoid valve in the case, one piece was isolated by the Customs Authority for inspection as per Customs Rules and after inspection by the Customs Authority it was handed over to the clearing Agent namely Meghna Shipping and Trading Agencies Ltd. Chittagong from whom the..Category: Labour and Industrial Law | Date: | Hits: 172
Dulal Mia Vs. State, 1991, 20 CLC (HCD)
....or the appellants on the ground of alleged discrimination. 10. Now, let us consider the last submission of the learned Advocate for the appellants about the alleged inordinate and unusual delay in holding the trial. We have gone through the order‑sheet of the case and we find that the appellant......r, Sylhet till disposal of the case. We also direct expeditious trial of the case. Let the records of the case be sent down at once. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 209...Category: Criminal Law | Date: | Hits: 68
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