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Haji Hafez Md. Shamsul Islam Vs. Abdul Mabud & others, 1989, 18 CLC (HCD)
....est in the present case and that section 247 has application only in the case in which summons has been issued on complaint. The learned Advocate appearing for the accused respondents on the other hand submitted that section 247 of the Code of Criminal Procedure has application in all criminal ca......natched away the complainant's 'Seiko' watch worth Taka 1300/-. The respondent No.1 married the sister of the complainant and left her with 5 children in the house of the complainant 3 years' ago and over that several litigations cropped up between the parties and out of that enmity the offence was ......lt, this appeal is allowed. The order complained of is set aside. Let the G.R. Case No.251 of 1987 do proceed in accordance with law. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 321. ..Category: Procedural Law | Date: | Hits: 85
M.A. Mannan Vs. Biman Bangladesh Air Lines, 1989, 18 CLC (HCD)
....ue Bhuyia J M.A. Mannan........................Petitioner Vs. Biman Bangladesh Air Lines........................Respondents Judgment March 6, 1989. Lawyers Involved: Abdul Wadud Khandker with Saifur Reza and Farida Khan - For the Petitioner. Abdul Hasib with M.A. Tariq - For ......o be of no legal effect. 2. The petitioner's case is that he was a Manager, Operational Control of the Biman Bangladesh Air Lines Corporation and he had been in the services of the Corporation for over 29 years. On 30.3.87 the Director of Flight Operation, passed an order directing the petitioner......t in the changed circumstances he had no intention to resign. On 19.10.87 the Assistant Manager addressed the impugned letter to the petitioner intimating that in view of his letter dated 3.10.87 the management decided to accept his resignation with effect from 23.9.87 instead of 7.5.87 and added th..Category: Employment/Service Law | Date: | Hits: 225
Mostafa Kamal Vs. Chief Election Commissioner and others, 1997, 26 CLC (HCD)
.... declaring the respondent No.6 as Chairman of No.11 Chanpur Union Parishad, within PS Mehendiganj, District Barisal and also the order dated 30-11-92 issued by the respondent No.4 vide memo No.438 to hand over the charge shall not be declared to have been made without lawful authority and is of no l......aring the respondent No.6 as Chairman of No.11 Chanpur Union Parishad, within PS Mehendiganj, District Barisal and also the order dated 30-11-92 issued by the respondent No.4 vide memo No.438 to hand over the charge shall not be declared to have been made without lawful authority and is of no legal ......l before filing of the present Writ Petition before this Court. Accordingly, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 260. ..Category: Election Law | Date: | Hits: 154
Aftabuddin (Md.) Vs. State and others, 2010, 39 CLC (HCD)
....he Magistrate, in this case, has not taken cognizance under sections 495/497/109 of the Penal Code upon a complaint as defined in a clause (h) of subsection (1) of section 4 of the Code. On the other hand, provisions of the sections 198 and 199 of the Code, both beginning with the words, "No Court......t, where under a specific section or a rule a particular subject has received special treatment such special provision will exclude the applicability of any general provision which might otherwise cover the said topic. This view has been taken in the case of Maharashtra State Board Vs. PB Seth rep......y to the Law Commission, Old High Court Bhaban. Communicate the order at once to the Court concerned for information and compliance. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 235...Category: Criminal Law | Date: | Hits: 79
Humayun Hossain Khan Vs. Bangladesh & others, 2011, 40 CLC (HCD)
.... appearing for the appellant has repeated the submissions on which leave was granted as quoted hereinbefore. 8. Mr. Mamunur Rashid, learned Counsel, appearing for respondent No.2, on the other hand, has submitted that the suit wherein the appellant filed the application under Order XIV, rule ......2003 which came into effect on 1st May, 2004 is carefully gone into it will appear that limitation to claim interest against a debtor by financial institution like the plaintiff-bank exceeding 200% over the actual loan has been imposed only in respect of the suits filed after 1st May, 2004 and the......iscretion given to it by section 47 of the Ain, 2003. With the above observations this appeal is dismissed. Ed. This Case is also Reported in: 64 DLR (AD) (2012) 88, 18 MLR (AD) (2013) 5. ..Category: Civil Law | Date: | Hits: 138
....ut they did not pursue the matter any further and, as such, the presumption that the alleged signatures were not genuine was 'irrefutable'. He further submitted that there was no discussion about any hand writing Expert. It was further argued that the agreement was signed on white paper and stamp pa......irs; (1) Musammat Masuda Begum and others ..........................Opposite Parties
Judgment
May 2, 1994.
Result:
The Rule is discharged.
Cases Referred to-
Ali Ekabbar Farazi Vs. Government of Bangladesh, 26 DLR 394; Shyamapada Singha and others Vs. Dhirendra Nath Bhadra alias Su......
In the result, the Rule is discharged without any order as to costs. The stay order earlier passed by this Court is hereby vacated.
Ed.
This case is also Reported in: 47 DLR (HCD) (1995) 67.
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Category: Property Law | Date: | Hits: 78
Baharuddin Vs. State, 1993, 22 CLC (HCD)
....Vs. Abdullah and another, PLD 1963 (WP) (Karachi) 161; SM Farooque alias Syed Farooque Vs. State, 28 DLR 192; Ashrafuddin Ahmed Vs. The State, 16 DLR 223. Lawyers Involved: MA Halim with Gopal Chandra Saha, Advocates ‑ For the Appellant. Fazlul Hoque Chowdhury with AQ Rashid Ahmed, Advoca......2 at night on 7.6.90 one of the accused witnessing them tried to run away who was then chased and caught by them and on search of his body 2 puria (packets) of heroin contained in a match box were recovered from his possession. On query he disclosed his name as Nurul Islam, son of Late Ramiz Uddin o......e be set at liberty at once, if not wanted in connection with any other case. Let the lower Court records be sent down expeditiously. Ed. This case is also Reported in: 47 DLR (HCD) (1995) 61...Category: Criminal Law | Date: | Hits: 81
Abdul Kashem and another Vs. Bangladesh, 1994, 23 CLC (HCD)
....ciple of promissory estoppel would stop corporation from backing out of its obligation. 7. Mr. A. K. Mujibur Rahman, the learned Deputy Attorney General appearing for the respondents, on the other hand, submitted that the petitioner acquired no vested right as the exemption granted by the Governm......…………Petitioner (In Writ Petition No. 2644 of 1990) Abdul Gani, Proprietor of Oriental Engineering Company...........................Petitioner (In Writ Petition No. 346 of 1991) Vs. Government of Bangladesh represented by the Secretary, Ministry of Finance, Internal Resources Divisi...... before the appropriate Customs Officer. In the premises discussed above, the Rules are discharged but without any order as to costs. Ed. This case is also Reported in: 47 DLR (HCD) (1995) 57...Category: Fiscal/Taxation Law | Date: | Hits: 155
Amjad Hossain Vs. Government of Bangladesh and others, 1998, 27 CLC (HCD)
.... certificate from the pre‑shipment agency. He submitted the CRF certificate along with other relevant document to the customs authority for release of the goods. The customs authority, on the other hand, without making assessment of duties on the basis of CRF certificate assessed the customs duty ...... Supreme Court High Court Division (Special Original Jurisdiction) Present: AM Mahmudur Rahman J Md. Muzammel Hossain J Amjad Hossain……………………Petitioner Vs. Government of Bangladesh and others……………………Respondents Judgment June 24, 1998. ......h Court Division in moving this writ petition may be considered for exclusion in computing the period of limitation as provided itself. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 458...Category: Fiscal/Taxation Law | Date: | Hits: 138
Abdur Noor and others Vs. State and another, 1998, 27 CLC (HCD)
....e Chief Justice but also filed the instant complaint case in the Court of Magistrate at Narayanganj by making allegations of disclosure of contents of the said application in which petitioners had no hand. We have no manner of doubt that the complainant did so to feed fat his grudge against the peti......or the petitioners after placing the materials on record submitted that accused and complainant are residents of Brahmanbaria town and close neighbours and they have boundary dispute between them and over the same one civil suit and three criminal, cases are pending in the Court in Brahmanbaria. He ......he judiciary in the public eye. In the result, the Rule is made absolute. Proceedings of complaint Case No.179 of 1987 is quashed. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 456. ..Category: Criminal Law | Date: | Hits: 75
Government of the People's Republic of Bangladesh Vs. Rahima Begum and others, 2008, 37 CLC (HCD)
....ning the suit land. Some portion of the land was settled to Mukti Joddha Sangsad in VP Case No.04 BP of 1985 and some portion of land of Plot No.254 was given to a hat for its extension. On the other hand, the defendant No.7 claimed that he also took settlement of 0.87 acres of land from the schedul......on and necessary action. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 430. ......irmed. Office is directed to send down the records of this case at once with a copy of Judgment for information and necessary action. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 430. ..Category: Property Law | Date: | Hits: 98
Abdul Hye Tafader Vs. Md. Monir Hossain Patwary and others, 2009, 38 CLC (HCD)
....instance of the plaintiff-petitioner was issued calling upon the opposite party Nos.1-8 to show cause as to why the impugned Judgment and decree dated 25-4-2004 passed by the learned District Judge, Chandpur, in Title Appeal No.3 of 2004, reversing those of dated 17-1-2004 passed by the learned Seni......d as BCom teacher on 5-8-1966 and joined the duty on 8-8-1966. That the plaintiff while serving in that school as BCom teacher, in course of time, he became senior teacher and he was included in the Government MPO Register on 1-1-1981 and his index No. is 110555 and his Institutional Code No. is 070......ed. The order of stay granted at the time of issuance of the Rule is hereby vacated. Send down the lower Court records at once. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 426. ..Category: Employment/Service Law | Date: | Hits: 158
State Vs. Azam Reza, 2008, 37 CLC (HCD)
....Khan Vs. State, 8 BLC (AD) 172; 39 DLR (AD) 194; 40 DLR (AD) 139. Lawyers Involved: Nahid Mahtab, Deputy Attorney-General with Md. Shafiqul Alam, Assistant Attorney-General - For the State. Khandker Mahbub Hossain, Humayun Kabir Monju, Sk Mohammad Ali, Md. Hedayet Hossain, Masudul Hoque, Lu......g the deceased. On the night following 8-1-2004 in the bedroom the accused assaulting the deceased intentionally caused her death. 3. On 9-1-2004 at 1-30 PM Shampa Reza, the sister of the accused, over telephone informed Dr. Mahbubur Rahman, husband of Dr. Shati Munshi, the sister of the deceased......cation to the effect that the accused is sentenced to imprisonment for life. Send down the lower Court's records at once. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 399. ..Category: Criminal Law | Date: | Hits: 114
Naimuddin Molla and others Vs. Ibrahim Molla and others, 2008, 37 CLC (HCD)
.... Result: The Rule is made absolute. Cases Referred to- Naimuddin Sarder @ Naimuddin Sarder Vs. Md. Abdul Kalam Biswas @ Md. Abul Kalam Bashiruddin @ Abul Kalam Azad, 39 DLR (AD) 237; Biplob Chandra Das Vs. Biran Chandra Das, 52 DLR 586; Zahid Ali Vs. Jamini Kanta, 1987 BLD (AD) 156; Daulat ...... 2. The plaintiff Ibrahim Molla instituted Title Suit No.38 of 1998 in the Court of Assistant Judge, Sadarpur, Faridpur on 28-4-1998, against the defendant No.1 Naimuddin Molla @ Naba Molla and the Government of Bangladesh as defendant No.2 praying for specific performance of contract, stating, int...... However, there shall be no order as to costs. Let a copy of the Judgment along with LCR be sent down to the Courts below at once. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 369. ..Category: Procedural Law | Date: | Hits: 120
Anwar Hossain Khan Vs. Speaker of Bangladesh Sangsad Bhavan and others, 1994, 23 CLC (HCD)
....) if he has incurred a disqualification under clauses (2) of Article 66; or (e) in the circumstances specified in Article 70. (2) A member of Parliament may resign his seat by writing under his hand addressed to the Speaker and the seat shall become vacant when the writing is received by the S......ing party cannot be free and fair, on this premise, the opposition parties, namely, the Awami League, Jatiya Party and Jamaate Islami want to cure this election malady by way of forming a "Caretaker Government" which the ruling party, namely, the Bangladesh Nationalist Party (BNP) are not conceding ...... 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)
....ity it included its members in the Selection Board in order to have recommendation of teachers belonging to the ruling political party. The petitioner states that Dr. ATM Zahurul Huq, Dr. Bazlul Huq Khandaker were each included in 5 Committees, Dr. Md. Abdul Aziz, Dr. Shahid Akhtar Hossain and Dr. A...... 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....... 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...Category: Employment/Service Law | Date: | Hits: 228
State Vs. A K M Mohiuddin, 1996, 25 CLC (HCD)
....ment Act, 1958 has been violated as the investigation which was required to be concluded within 180 days has not been done. 10. Mr. SA Hasan, the learned Assistant Attorney‑General, on the other hand, contends that the learned Court below in consideration of oral and documentary evidence on rec......o framed the charge under section 409 of the Penal Code read with section 5(2) of Act 11, 1947 against the accused appellant. Since the appellant remained in abscondence, the charge could not be read over to him and, as such, trial proceeded in his absence. The prosecution in all examined 11 witness......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
Indu Mod Howlader Vs. Additional Deputy Commissioner and others, 1997, 26 CLC (HCD)
....it land comprised of plot Nos. 752 to 756 originally belonged to one Murari Mohan. The said Murari Mohan was a CS recorded tenant and after his death the suit land was devolved on his only son Gopal Chandra. Gopal Chandra subsequently got his name mutated by CO (Rev) Wazirpur under Mutation Case No....... decreeing the suit. 2. The fact relevant for the disposal of the Rule is that, the plaintiff‑petitioner filed the aforesaid suit for a declaration that the order dated 6‑1‑76 passed by the Government through the Deputy Commissioner, Barisal and mentioned in 'Kha' schedule in respect of the......Mr. Ranjan Kumar Saha, Assistant Judge, Wazirpur, Barisal in Title Suit No.87 of 1988 is hereby confirmed without any order as to cost. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 444...Category: Property Law | Date: | Hits: 84
Government of Bangladesh and others Vs. Jahangir Alam & others, 2011, 40 CLC (AD)
....ause for the said litigation. Hidden J. granted an order of certiorari quashing the closure decision. On appeal, the Court of Appeal sought to strike a fair balance between the public interest in one hand and the interests of the individuals on the other, having expectations based upon statements ......e 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)
....to the specific finding that in view of the own admission of the plaintiff that he "had registered the lands of 'Kha' schedule cattle market in favour of the local Government" and that he voluntarily handed over the control and management of the cattle market in favour of the Union Parishad 'Hat Com......High Court Division in Appeal from Original Decree No.68 of 1996 dismissing the same. 2. The petitioner as plaintiff filed Money Suit No.3 of 1992 in the Court of Subordinate Judge, Kushtia for recovery of taka 1,47,95,986, being the value of land described in schedule-'Ka' to the plaint, the cos......aka 3, 33,805.58 as advance loan to the hat committee of Ailchara Union Parishad for the development of the land and been then established the cattle hat there, but the Upazila Parishad took over the management of the hat by declaring the same as periphery of Ailchara Bazar without acquiring the sam..Category: Property Law | Date: | Hits: 105
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