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Jobaida Rashid Vs. State, 1997, 26 CLC (HCD)

....nishable under any provisions of the Penal Code. Placing the statement of Major General KM Shafiullah Mr. Rahman submits that this has not disclosed any offence. He drew out attention to the relevant part of the statement of this witness which runs as follows– মেজর রশিদের সà§......S. Case No.10(10)96 this accused‑petitioner Jobaida Rashid be enlarged on bail to the satisfaction of the Deputy Commissioner, Dhaka. Ed. This case is also Reported in:49 DLR (HD) (1997) 229. ..

Category: Criminal Law | Date: | Hits: 82

Administrator, Zilla Board Vs. Mukhlesur Rahman, 1983, 12 CLC (HCD)

....der of dismissal from service by memo dated 04.08.1975 is illegal, unwarranted and void. 3. The learned Munsif did not decree the suit for the first two declarations, prayed for, but decreed it in part declaring that the order of dismissal from service dated 04.08.1975 is illegal, void, without j......e basis of the papers on record he cannot admit the employees appointed by the District Boards under Works Programme as Government servants. Beyond this he had no other submission to make. 13. Our investigation into the legal status of the employees appointed by the District Boards under Works Pr..

Category: Employment/Service Law | Date: | Hits: 120

Md. Koisaruzzaman Vs. State, 2011, 40 CLC (HCD)

....ate, 36 DLR (AD) 58; Mahbubur Rahman Vs. The State, 44 DLR 342. Lawyers Involved: ASM Ahdul Mubin, Advocate-For the petitioner.   Md. Khurshid Alam Khan, Advocate-For the opposite party No.1.   Ashique Rubait, Advocate-For the opposite party No.2   Mrs. Saki......406/409/420 of the Penal Code. 3. Accordingly Kotwali Police Station Case No.81 dated 18.11.2003 under sec­tions 406/409/420 of the Penal Code against Cashier Fariduddin alone was recorded. After investigation of the case it was found that Farid uddin in collu­sion with Iqbal uddin Ahmed Chowdh..

Category: Criminal Law | Date: | Hits: 85

State Vs. Golam Sarwar Hossain Mollah (Absconding), 2011, 40 CLC (HCD)

....th sen­tence to the accused Golam Sarwar Hossain Mollah an accordingly, the order of conviction and sentence is liable to be reversed. 10. In order to appreciate the respec­tive arguments of the parties and to determine whether the learned trial court was justified in passing the impugned judgm......n the offence hanged her dead body with the ceiling fan. 3. On receipt of the First Informant Report (hereinafter referred to as FIR) of the case police took up Investigation of the case and after investigation prima facie case having been made out against the accused-persons submitted charge und..

Category: Criminal Law | Date: | Hits: 97

Mohammad Latif Anowar Chowdhury Vs. Mohammad Fazle Moubin Faruki and others, 2010, 39 CLC (HCD)

....ed Chowdhury with Ms. Badrun Nahar Begum Rosy-For the Opposite Party Nos.3-7.   Civil Revision No.3909 of 2010. Judgment Shahidul Islam J.- The Rule was issued calling upon the opposite party No.1 to show cause as to why the impugned judgment and order dated 28.6.2010 passed by the lea......e application seeking to injunction under Order 39 Rule 1 of the Code of Civil Procedure by the plaintiff in the suit also rejected. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 372. ..

Category: Civil Law | Date: | Hits: 115

Kazi Shakhawat Hossain Vs. State, 2011, 40 CLC (HCD)

....ther seizure list witnesses also made statements in the same manner. In order to avoid implication of the instant petitioner and the other accused. There was no earth while reason while the informant party without recovery of incriminating article from them should falsely implicated them. Learned Ju......ce appeared at the local police station with those 2 accused and seized article and lodged the written FIR. Accordingly, Kushtia P.S. Case No.37 dated-23-07-2003 was initiated. 3. On conclusion of investigation into the case police submitted charge sheet against the instant accused petitioner and..

Category: Criminal Law | Date: | Hits: 104

Cathay Pacific Airways Limited Vs. Vantage International Limited, 2009, 38 CLC (HCD)

....oner's account. 7. However, since November 2006, the company has refrained from making any payment to the petitioner, although they have sent the Statements for the months of October, November and part of December, 2006. 8. The petitioner wrote several letters requesting the company to remit t......opy of this order be for­warded to the Registrar of Joint Stock Companies and Firms, Dhaka for his record. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 421; 30 BLD (HCD) (2010) 589. ..

Category: Company Law | Date: | Hits: 164

Mrs. Nadira Rahman Vs. Sayed Amir Hossain, 1983, 12 CLC (HCD)

.... subject. 2. It appears that an application was filed by one Syed Amir Hossain before the Administrator of Wakfs for removal of the petitioner as Mutwalli of the Wakf estate. Curiously enough, the parties were not allowed to lead any evidence nor the allegations were allowed to be tested by any c......he words 'incompetent, negli­gent or otherwise undesirable'. These second group of words speaks of incapacity of a per­son to work as Mutwalli. All these are ques­tions of fact which need detailed investigation and need be proved strictly within the frames work of a strict definition of the words..

Category: Trust/Waqf Law | Date: | Hits: 124

Delwar Hossain Khan (Md.) Vs. Dhaka Club Limited and another, 1995, 24 CLC (HCD)

....s and privileges of Membership. The learned Advocate contends that the plaintiff has every right to move the civil Court for mitigating his grievances or the action of The Executive Committee or more particularly of the defendants suffers from inherent defect and fraud with malice and the same is an...... Court, Dhaka in Title Suit No.205 of 1995 is hereby affirmed. The ad interim order of injunction passed earlier is hereby vacated. Ed. This Case is also Reported in:48 DLR (HCD) (1996) 407. ..

Category: Others | Date: | Hits: 154

Abdur Rahman Vs. Government of the People's Republic of Bangladesh represented by the Secretary, Ministry of Home Affairs and others, 1997, 26 CLC (HCD)

....d Mokbul, Kashem, Khilifa, another Mokbul and Hafizar pulled down victim Mosharraf @ Sakha Mia from the rickshaw, dragged him away to a considerable distance and inflicted knife injuries on different parts of his body. Witnesses who were coming behind the rickshaw carrying the victim Sakha Miah, tri......said first information report, Sundargonj Police Station Case No.3 dated 10‑1‑82 and the corresponding GR Case No.34 of 1982 were started under sections 302/34 of the Penal Code. On completion of investigation police submitted charge sheet on 14‑4‑82 against all the 22 accused persons under ..

Category: Constitutional Law | Date: | Hits: 259

Bangladesh Environmental Lawyers Association (BELA) Vs. Bangladesh represented by the Secretary, Ministry of Environment and Forest and 18 others, 2010, 39 CLC (HCD)

....ration of Industrial activities in compliance with applicable laws. Respondents Nos.4 and 9 are respectively, the Chief Conservator of Forest and the Divisional Forest Officer of the Control Forest Depart­ment, having responsibility to undertake a fore-station in the coastal areas to ensure stabili......h, of no legal effect. Order of stay granted in this Rule stands vacated. Communicate the judgment to the respondent Nos. 1-13. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 123. ..

Category: Environmental Law | Date: | Hits: 891

Baquer Siddiqui (Md.) Jounpuri and another Vs. State and another, 2008, 37 CLC (HCD)

....of 1998. Judgment Nozrul Islam Chowdhury J.- The Rule under Section 561A of the Code of Criminal Procedure was issued on 23-11-98 calling upon the Deputy Commissioner, Dhaka as well as opposite party No.2, the informant to show cause as to why the proceedings in Mohammadpur PS Case No.40(11) 9......shed. Let a Copy of this judgment he transmitted to the Chief Metropolitan Magistrate, Dhaka for information and necessary action. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 118. ..

Category: Criminal Law | Date: | Hits: 70

Abul Kashem Shawdagar Vs. Abdur Razzaque & others, 1983, 12 CLC (HCD)

.... the Opposite Parties. Criminal Revision No. 232 of 1982. Judgment Mohammad Habibur Rahman J.—This Rule was issued calling upon the Deputy Commissioner, Chittagong and the accused opposite parties Abdur Razzaque Dovash, Abdul Hamid Dovash, Abdul Halim Dovash, and Abdul Karim Dovash to sho......ioner, Chittagong and the accused opposite parties Abdur Razzaque Dovash, Abdul Hamid Dovash, Abdul Halim Dovash, and Abdul Karim Dovash to show cause as to why the order dated 29.09.1979 directing reinvestigation of the case passed by the Sub-Divisional Magistrate Sadar (North), Chittagong in GR. C..

Category: Criminal Law | Date: | Hits: 93

State Vs. Mesbahuddin, 1996, 25 CLC (HCD)

....able for commission for murder although they were charged under section 396 of the Penal Code. If the charge of commission of dacoity fails according to Mr. Chowdhury they may be charged on the other part of the charge, namely, commission of murder. In this case no witness has said a word as to when......tion with any other case. Accused Fazlul Huq against whom the order of warrant of arrest was issued, the same be revoked or withdrawn. Ed. This case is also Reported in:49 DLR (HCD) (1997) 245. ..

Category: Criminal Law | Date: | Hits: 87

Rehana Ali Vs. Bangladesh, represented by the Secretary, Ministry of Education and others, 2012, 41 CLC (HCD)

....tioner. Vs. Bangladesh, represented by the Secretary, Ministry of Education and others …………. Respondents Judgment May 24 and 25, 2012. Result: The Rule is made absolute in part along with all the aforesaid observations and directions. Lawyers involved: Manzil Murshi......nded over recently. 4. It is further stated that the Petitioner has also filed a criminal case at Dhanmondi Police Station against the Respondent No.5 for cheating and fraud and the same is under investigation. It is further stated that many students are getting cheated by the Respondent No.5 an..

Category: Others | Date: | Hits: 146

Shawkat Ali Chowdhury Vs. G. Murshed Reza and others, 2009, 38 CLC (HCD)

.........................Respondents Judgment July 16, 2009 Result: The appeal is allowed. The Civil Rule No. 98(f) of 2009 is made absolute. Cases Referred to- Sitaram Bindraban, a partnership firm at Khamgaon Vs. Chiramjilal Brijlal, a partnership firm at Khamgaon and others, AIR......Kader Munshi, 52 DLR (AD) 49, it has been held that questions of limitation and res judicata raised in the application for rejecting the plaint are mixed questions of law and fact which need thorough investigation on adequate evi­dence for arriving at a correct decision on fram­ing specific issues..

Category: Civil Law | Date: | Hits: 200

Md. Bachhu Vs. State, 2009, 38 CLC (HCD)

....ials on record strenuously argues that this is a case of no evidences and the facts of commission of the offence by the convict-petitioner is so preposterous that the same cannot be believed by any impartial tri­bunal but unfortunately the learned Judge of the trial tribunal failed to consider the ......him he thereafter raised alarm and upon their raising hue and cry the local people came forward and caught red handed the accused person Bachhu with a 27 inch country made Gun. 3. Police commenced investigation and visited the place of occurrence, made sketch map along with index and upon finding..

Category: Criminal Law | Date: | Hits: 115

M/s. Brick Linkers Ltd. and another Vs. Joint District Judge & Others, 2005, 34 CLC (HCD)

.... is as follows that it is further order and decreed that in default payment as aforesaid the plaintiff may apply to the Court for a final decree for the sale of the mortgaged property or a sufficient part thereof and on such application being made a mortgaged property or a sufficient part thereof sh......ow that there is no executable decree before the Adalat. Having regard to the facts of the case there will be no order as to costs. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 99. ..

Category: Limitation Law | Date: | Hits: 162

Ain-O-Salish Kendro (ASK) Vs. Government of Bangladesh and others, 2006, 35 CLC (HCD)

.... lawful authority and /or to be unconstitutional as being violative of fundamental rights under Articles 27, 31 and 3.5 of the Constitution and/or as to why the provisions of the prisons Act 1894, in particular sections 46, 56 and 58 thereof and the Jail Code, in particular Rules 485, 486, 708, 718-......proper to dispose of the Rule with the directions and observation made above, without any order as to costs. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 448; 13 BLC (HCD) (2008) 148. ..

Category: Constitutional Law | Date: | Hits: 219

Sharif Uddin and another Vs. Bangladesh & others, 2009, 38 CLC (HCD)

.... as well as Hafiz Mojir Uddin and others were visited by the concerned officers on the same day. The land donated by Haji Md. Abdul Momith is not situated at one place and it does not comprise of one particular parcel of land and it comprises of four different plots not being adjacent to each other.......n the Paripartra for the construction of UPCB and that the provision of the Paripatra is mandatory. The land gifted by Hafiz Mojir Uddin and others was ultimately selected after proper inspection and investigation and administrative approval was given for it as it is more suitable for the constructi..

Category: Property Law | Date: | Hits: 130