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.... the Constitution and obtained the present Rule.
4. Mr. Abdur Rob Chowdhury, the learned Counsel appearing on behalf of the petitioner, after taking us through the entire petition, impugned order, relevant provision of Public Servants (Retirement) Act, 1974 and other annexure, mainly contended th......heard both the parties at length and considered their submissions. We have gone through the petition, impugned order, relevant provisions of Public Servants (Retirement) Act, 1974 and other connected papers carefully. Article 117 (1) of the Constitution reads as follows:
"117. (1) Notwithstanding......nal Jurisdiction)
Present:
Md. Imman Ali J
Md. Ashfaqul Islam J
Mahbubul Alam (Md.)………………Petitioner
Vs.
Bangladesh, represented by the Secretary, Ministry of Information and others…………..Respondents
Judgment
January 21, 2009.
Result:
The Rule is disch......writ petition is not maintainable.
In view of the discussions as made above, the Rule is discharged without any order as to cost.
Ed.
This Case is also Reported in: 61 DLR (HCD) (2009) 728.
..
Category: Administrative Law | Date: | Hits: 494
Ali Azam Saial and others Vs. Joynal Abedin Saial and others, 2009, 38 CLC (HCD)
....rlier by this Court stands vacated. Send down the lower Courts record and a copy of the judgment and order to the Court concerned. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 299. ......rlier by this Court stands vacated. Send down the lower Courts record and a copy of the judgment and order to the Court concerned. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 299. ......ed. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 299. ......and the judgment and decree passed by it ate neither proper nor in accordance with law. He next submits that the trial Court upon proper consideration and discussion of the evidence of the witnesses, documents and exhibits, took a right decision finding that the plaintiffs are entitled to get a decr..Category: Administrative Law | Date: | Hits: 452
Anwar Hossain (Md.) Vs. State, 2008, 37 CLC (HCD)
.... hotel to Thana and later on, he came to know that they were not the actual police and that he knows nothing more than this. 17. P.W. 6, Dr. Mizibul Haque, was RMO Shariatpur Sadar Hospital at the relevant time. He examined the victim on 15-10-1999 and found that the victim Raihana Khatun was rap......anted in any other connection. Send down the lower Court records along with a copy of the judgment expeditiously. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 671. ......lt: The Appeal is allowed. Duties of a Court in Criminal Proceedings The cardinal principles of criminal jurisprudence in awarding conviction followed by sentence upon an indicted person demands meditation. A legal survey of law, appraisal of evidence, browsing eye on materials brought on ......erly is very important. It is the function of the conducting lawyer like the Public Prosecutor to assist the Court to frame charge properly on the basis of the materials on the record of the case and documents submitted therewith and it is the duty of the judge to frame charge after perusing the rec..Category: Criminal Law | Date: | Hits: 74
....he other three writ petitions in respect of the lawful authority of the issuance of the respective, eviction notice being Annexure-J by the same authority mentioned above.
4. The facts of the case relevant for disposal of the Rule, in brief, are that the petitioners in all the four writ petitions...... without any order as to costs.
The order of status quo granted at the time of issuance of the Rules is hereby vacated.
Ed.
This Case is also Reported in: 61 DLR (HCD) (2009) 28.
......so Reported in: 61 DLR (HCD) (2009) 28.
...... without any order as to costs.
The order of status quo granted at the time of issuance of the Rules is hereby vacated.
Ed.
This Case is also Reported in: 61 DLR (HCD) (2009) 28.
..
Category: Property Law | Date: | Hits: 121
Sadek Hossain Khoka and others Vs. Election Commission for Bangladesh and others, 2008, 37 CLC (HCD)
....o. 155 of 1972) and thereby are disqualified under Article 12(1)(c) of the PO No. 155 of 1972 to contest in the Parliamentary election. 12. For an answer to the questions raised in these Rules the relevant provisions of law which came up for interpretation may be quoted below: Article 66 of th......he Rules in Writ Petition Nos. 9125, 9126, 9336, 9459, 9428 and 9729 all of 2008 are discharged. There will be no order as to costs. Ed. This Case is also Reported in: 61 (DLR) (HCD) (2009) 10. ......s Case is also Reported in: 61 (DLR) (HCD) (2009) 10. ......he Rules in Writ Petition Nos. 9125, 9126, 9336, 9459, 9428 and 9729 all of 2008 are discharged. There will be no order as to costs. Ed. This Case is also Reported in: 61 (DLR) (HCD) (2009) 10. ..Category: Constitutional Law | Date: | Hits: 466
....a representation to the Minister for Commerce and also sent a copy of the representation to the Directorate of Trade Organization and to respondent No.2 asking them to provide the petitioner with the relevant documents and papers regarding the permission given to Chittagong Metropolitan Trade Organi...... Minister for Commerce and also sent a copy of the representation to the Directorate of Trade Organization and to respondent No.2 asking them to provide the petitioner with the relevant documents and papers regarding the permission given to Chittagong Metropolitan Trade Organization. In response to ......n: 30 BLD (HCD) (2010) 341.
......ntation to the Minister for Commerce and also sent a copy of the representation to the Directorate of Trade Organization and to respondent No.2 asking them to provide the petitioner with the relevant documents and papers regarding the permission given to Chittagong Metropolitan Trade Organization. I..
Category: Others | Date: | Hits: 107
ATM Ali Reza Khan Vs. Bangladesh Election Commission and others, 1997, 26 CLC (HCD)
.... Master’s degree in Islamic History and Culture and thereafter proceeded to the united Kingdom where he pursued further studies in law and has been living and working since 1965. A photocopy of the relevant pages of his Bangladeshi Passport No. L 0419715 issued by the Bangladesh High Commission in......The respondents are directed to register the petitioner as a voter and include his name in the Electoral Rolls in accordance with law. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 58. ......igh Court Division (Special Original Jurisdiction) Present: Mainur Reza Chowdhury J M M Ruhul Amin J ATM Ali Reza Khan……………Petitioner Vs. Bangladesh Election Commission and others……………Opposite Parties Judgment August 12, 1997. Result: The Rule is ......The respondents are directed to register the petitioner as a voter and include his name in the Electoral Rolls in accordance with law. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 58. ..Category: Constitutional Law | Date: | Hits: 386
Bangladesh Water Development Board Vs. MR. Sikder, 2003, 32 CLC (HCD)
....ntiff. He stated in his evidence that they did not receive any letter either from the Board or from Mr. Jaigirder. He admitted that besides himself, some other employees worked in their office at the relevant time. He also stated that there is a peon for receiving and dispatching letters. He denied ......nd he worked there till 12‑9‑96. He stated that the Board on 4‑11‑93 appointed Mr. GHA Islam Jaigirder as its arbitrator. Thereafter, Mr. Jaigirder directed the Board to deposit all necessary papers before him. He stated that the copy of the letter of the arbitrator was duly sent to the plai......vices Pvt. Ltd., 47 DLR 544; National Small Industries Corporation Vs. National Metal Craft, AIR 1981 (Delhi) 189; Indian Hosiery Works Vs. Bharat Woollen Mills, AIR 1953 (Cal) 488; Thawards Pherumal and another Vs. Union of India, AIR 1955 (SC) 468. Lawyers Involved: Abdul Wadud Bhuiyan with......ied, did not appear before the arbitrator Mr. Justice Abdur Rahman Chowdhury, as a result of which the case was taken up for ex parte disposal and the evidence of P.W.1 Mr. MR Sikder was recorded and documents were marked exhibits (Exhibits 1‑38). Thereafter, the learned arbitrator signed the awar..Category: Alternative Dispute Resolution | Date: | Hits: 543
Monowara Khatun and another Vs. Abdul Khaleque & others, 2011, 40 CLC (HCD)
....ent authority and according to section 120 of the Evidence Act and under Order III, rule 1 and 2 of the Code of the Civil Procedure his testimony cannot be considered in the instant suit as he is not relevant person when the suit was filed and disposed of but both the Courts below has considered his...... Court, Dhaka in Title Suit No.181 of 1994 are hereby set aside. The suit is hereby dismissed. Send down the LC Record at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 371. ......t once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 371. ...... Court, Dhaka in Title Suit No.181 of 1994 are hereby set aside. The suit is hereby dismissed. Send down the LC Record at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 371. ..Category: Procedural Law | Date: | Hits: 137
Sadiul Alam Vs. State, 2012, 41 CLC (HCD)
....al Code, now pending in the Court of Chief Metropolitan Magistrate, Dhaka should not be quashed and/or pass such other or further order or orders as to this Court may seem fit and proper. 2. Facts relevant to disposal of this Rule may be, briefly, stated as follows: On 24-5-2004, one Md. Shamsul ......irst Information Report alleging, inter alia, that the accused-petitioner along with his other partners obtained loan amounting to Taka 3,46,67,692.15 from the informant's bank by producing necessary papers and documents in support of imported 65 Taxi Cabs. After taking the loan amount, the petition......Procedure, one of the following conditions must be fulfilled: (1) Interference even at an initial stage may be justified where the facts are so preposterous that even on admitted facts no case stands against the accused. (2) Where the institution and continuation of the proceeding amount to ......ation Report alleging, inter alia, that the accused-petitioner along with his other partners obtained loan amounting to Taka 3,46,67,692.15 from the informant's bank by producing necessary papers and documents in support of imported 65 Taxi Cabs. After taking the loan amount, the petitioner along wi..Category: Criminal Law | Date: | Hits: 92
Pochon Rikssi Das Vs. Khuku Rani Dasi and others, 1997, 26 CLC (HCD)
....at Family Courts Ordinance is a self-contained Code which gives a forum to the litigants for enforcing their rights in respect of five subjects enumerated in section 5. 17. On consideration of the relevant laws, particularly the Family Courts Ordinance, it is clear that this Ordinance has not in ...... for the services rendered by the Amici Curiae who took great pains in addressing the Court on the subject of great public importance. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 47. ...... (Civil Revisional Jurisdiction) Present: Mahmudul Amin Chowdhury J Mohammad Fazlul Karim J Md. Joynul Abedin J Pochon Rikssi Das……………..Petitioner Vs. Khuku Rani Dasi and others……………Opposite Parties Judgment June 12, 1997. Result: The Rule is di...... for the services rendered by the Amici Curiae who took great pains in addressing the Court on the subject of great public importance. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 47. ..Category: Family Law | Date: | Hits: 209
Touhid & Others Vs. State, 2006, 35 CLC (HCD)
....s established, an accused person for an act will be liable for his individual act and not for the act done by other accused persons….…(40) Dying declaration Statements, written or verbal of relevant facts made by a person who is dead, or who cannot be found or who has become incapable of g......e to surrender learned Sessions Judge will take all steps to put him behind prison bar. Lower Court Records are sent down at once. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 364. ......………………………Convict-appellants Vs. The State……………………………Respondent Judgment March 20, 2006. Result: The appeal is allowed in part. Fundamental and basic principles in the Administration of Criminal Law and Justice Delivery System is the innoce......e to surrender learned Sessions Judge will take all steps to put him behind prison bar. Lower Court Records are sent down at once. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 364. ..Category: Criminal Law | Date: | Hits: 98
Elite Lamps Ltd. Vs. Secretary, Ministry of Industries and others, 2007, 36 CLC (HCD)
....Rin Case No. 30 of 1991 expeditiously preferably within 4 (four) months from date. Communicate the Judgment to the Adalat at once. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 641. ......Rin Case No. 30 of 1991 expeditiously preferably within 4 (four) months from date. Communicate the Judgment to the Adalat at once. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 641. ......High Court Division (Special Original Jurisdiction) Present: Zinat Ara J Sheikkh Abdul Awal J Elite Lamps Ltd…………………Petitioner Vs. Secretary, Ministry of Industries and others………………..Respondents Judgment November 19, 2007. Result: The Rule i......hould be discharged. 6. The petitioner filed an affidavit-in-reply dated 13th November, 2007 mostly reiterating the same facts as in the Writ Petition and annexing the Photostat copies of the same documents. 7. Respondent No. 6 also filed an affidavit-in reply against the affidavit-in-reply o..Category: Constitutional Law | Date: | Hits: 334
Md. Abdul Wahab Sarker and others Vs. Md. Shahid Sarker and others, 2009, 38 CLC (HCD)
....6 of 2002 by the learned Joint District Judge 1st Court, Gazipur should not be set aside and/or pass such other order or further order or orders as to this Court may seem fit and proper." 2. Facts relevant for disposal of the Rule are that the plaintiffs instituted partition suit No.166 of 1979 o......ted to dispose of the suit within 6 months from the date of receipt of the records. Send down the lower Courts records immediately. Ed. This Case is also Reported in: 18 BLT (HCD) (2010) 94. ......cords immediately. Ed. This Case is also Reported in: 18 BLT (HCD) (2010) 94. ......ted to dispose of the suit within 6 months from the date of receipt of the records. Send down the lower Courts records immediately. Ed. This Case is also Reported in: 18 BLT (HCD) (2010) 94. ..Category: Procedural Law | Date: | Hits: 133
Fakir (Md.) Tariqul Islam Vs. State and others, 1996, 25 CLC (HCD)
....r of application in the present case. In that view of the matter, we confirm and uphold the impugned orders and discharge the Rule. Ed. This case is also Reported in:49 DLR (HCD) (1997) 419. ......r of application in the present case. In that view of the matter, we confirm and uphold the impugned orders and discharge the Rule. Ed. This case is also Reported in:49 DLR (HCD) (1997) 419. ......Division (Criminal Revisional Jurisdiction) Present: Mahmudul Amin Choudhury J Md. Joynul Abedin J Fakir (Md.) Tariqul Islam………………….………..Petitioner Vs. State and others…………………………….Opposite Parties Judgment November 20, 1996. Re......as per section 3(1) of Bombay District Police Act no sanction was necessary for prosecuting such police officer. 10. We have heard the learned Advocates of both the sides at length and perused the documents filed. From perusal of the documents, we find that the accused opposite party Nos.2 and 3 ..Category: Criminal Law | Date: | Hits: 130
....troller of Examinations as per rules and his duties and responsibilities published the list of such punished examinees dated 31‑12‑90 as per practice of this University and sent copies thereof to relevant authorities concerned. It is further stated that the causes which drew the slightest doubt ......tices dated 20‑10‑90 directing them to submit written statement by way of showing cause to be written in their respective hands to respondent No.2 for alleged offences of depositing answer script/papers written from outside the examination hall annexed hereto the petition as Annexure‑A. Subseq...... also Reported in: 50 DLR (HCD) (1998) 567.
......0 of 1992 we hold that this Writ petition is not maintainable.
In the result the Rule is discharged without any order as to costs.
Ed.
This Case is also Reported in: 50 DLR (HCD) (1998) 567.
..
Category: Constitutional Law | Date: | Hits: 300
Bachu Miah Vs. Samad Miah and others, 1998, 27 CLC (HCD)
....dgment and other materials on record submitted that learned Sessions Judge having found that there was rioting over the disputed land acted illegally in acquitting the accused opposite‑parties on irrelevant consideration of relationship of the witnesses with the informant, 'non‑examination' of s......atisfaction of the Deputy Commissioner Brahmanbaria am directed to surrender to their bail bonds. Send down the LC record at once. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 564. ......998) 564. ......able to be convicted and sentenced under sections 148/302/34/109/323/34 of the BPC". 7. Before coming to the aforesaid conclusion learned Sessions Judge after considering the evidence of D.Ws. and documents produced and proved by them and also the evidence of the P.Ws. found that informant Bachu ..Category: Criminal Law | Date: | Hits: 75
Ayesha Khatun Akhtar Vs. Government of Bangladesh and another, 1998, 27 CLC (HCD)
....e date of receipt of the copy of the judgment. Let a copy of this judgment be communicated to the Respdt No.1 at once for compliance. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 639. ......1972 before the appropriate authority, namely the SDO, Dhaka for release and restoration of the property in question. The prescribed authority (i.e. the SDO) after holding an inquiry and perusing the papers found that the property in question was not an abandoned property and, as such, he sent his r......Division (Special Original Jurisdiction) Present: Qazi Shafiuddin J Syed JR Mudassir Husain J Ayesha Khatun Akhtar……………………Petitioner Vs. Government of Bangladesh and another……………………Respondents Judgment February 12, 1998. Result: The R......e date of receipt of the copy of the judgment. Let a copy of this judgment be communicated to the Respdt No.1 at once for compliance. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 639. ..Category: Property Law | Date: | Hits: 71
Bangladesh Vs. Shudhir Chandra Nath, 2011, 40 CLC (HCD)
....al power. In the result the revision fails and the Rule is discharged without any order as to cost. Send down the LCR at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 309. ......al power. In the result the revision fails and the Rule is discharged without any order as to cost. Send down the LCR at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 309. ......h Court Division (Civil Revisional Jurisdiction) Present: Siddiqur Rahman Mian J Bangladesh, represented by the DC Bogra……………………………….Petitioner Vs. Shudhir Chandra Nath………………………………..Opposite Parties Judgment March 23, 2011. R...... of facts only in exceptional circumstances when the findings are shockingly perverse or these are vitiated by non reading and misreading of the material evidence or mis-construction of any important documents affecting the merit of the suit………………(20) Cases Referred to- Habibur Ra..Category: Procedural Law | Date: | Hits: 111
Mustaq Ahmed Vs. State, 2010, 39 CLC (HCD)
....callous Judgment, which indicates total non-application of mind. The learned AAG submits that not only did the learned Judge fail to evaluate the evidence on record, but she also misinterpreted the relevant provisions of law, thereby imposing the maximum punishment on a young man. 15. We do......erence thereof in her Service Book. The office is directed to communicate the Order and send down the lower Court records at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 301. ......aq Ahmed………………………………Appellant Vs. State………………………Respondent-Opposite-Party Judgment March 25, 2010. Result: Criminal Appeal No.190 of 2005 stands allowed. The Penal Code, 1860 (XLV of 1860); ss. 383, 384, 386, 387 The application of s......erence thereof in her Service Book. The office is directed to communicate the Order and send down the lower Court records at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 301. ..Category: Criminal Law | Date: | Hits: 62
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