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Shamsuddin Ahmed alias Md. Shamsuddin Vs. Managing Director, Bangladesh Mukti Juddha Kallyan Trust and others, 1992, 21 CLC (HCD)

....petition is declared to have been made without lawful authority. The respondents are directed to reinstate the petitioner in service. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 524. ...... such his service was terminated by the impugned order. It is the further case of the petitioner that the petitioner's service having been terminated on the ground of being surplus the service of the person holding the same rank and junior to him should have been terminated but the petitioner has be..

Category: Employment/Service Law | Date: | Hits: 207

Abdus Samad Khan & others Vs. Wazed Ali Fakir & others, 1992, 21 CLC (HCD)

....claim in respect of the remaining 1.21 acres of the suit land is dismissed. Parties will bear their respective costs althrough. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 495. ...... No.5 is residing in the residential house on behalf of the defendant Nos.1 and 2 and defendant Nos.3 and 4 as borgadars of defendant Nos.1 and 2 have been possessing the same. Defendant Nos.6 has no personal interest in the suit land. There is no question of these defendants forcibly entering into ..

Category: Property Law | Date: | Hits: 154

Abdul Latif alias Budu and 6 others Vs. State, 1992, 21 CLC (HCD)

....tif, Abu Hanifa, Shaju, Surat Ali, Indu Mia, Abdul Mannaf and Nayeb Ali be set at liberty at once, if not wanted in any other case. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 492.......he west. They then brought the dead body to the house and on the following morning he lodged the ejahar with the local Police Station. In the first information report P.W.1 Sadir Mia included another person named Madhu Mia in the searching party, but he was not examined by the prosecution nor said S..

Category: Criminal Law | Date: | Hits: 139

Abdul Quddus Vs. Government of Bangladesh, 1990, 19 CLC (HCD)

....have no reason to interfere with the judgment and order. In the result, the Rule is discharged. We make no order as to costs. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 484....... No.3 admittedly left the house vacant in December, 1971 and the petitioner having occupied the said house on and from 1.1.72 the Respondent No.3 ceased to occupy, supervise or manage the property in person. He further submitted that the Respondent No.3 after leaving the said house has been living i..

Category: Property Law | Date: | Hits: 158

Shahadat Hossain & others Vs. State, 1985, 14 CLC (HCD)

....ppeal is dismissed and the order of conviction and sentence pas­sed against him is confirmed. Anwarul Huque Chowdhury J. - I agree. Ed. This Case is also Reported in: 39 DLR (HCD) (1987) 72.......e sentence has been imposed on that count. 2. The prosecution case, in brief, is that on the night following 24.04.1972 at about 02.00 A.M. that is on 25.04.1972 a group of dacoits numbering 12/15 persons entered into the house of the informant Fazlul Huq (P.W.5) and looted cash money, gold ornam..

Category: Criminal Law | Date: | Hits: 142

Deputy General Manager, Rupali Bank Limited and another Vs. Nazrul Islam Patwary and others, 1992, 21 CLC (HCD)

.... of law and thus call for no interference from this Court. Accordingly, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 406.......abour Court and not before the civil Court. He has drawn my attention to section 2(V) of the Employment of Labour (Standing Orders) Act, 1965 which runs as follows: Sec. 2(V) "worker" means any person including an apprentice employed in any shop, commercial establishment or industrial establis..

Category: Labour and Industrial Law | Date: | Hits: 233

Syed Mozammel Huq Vs. People's Republic of Bangladesh represented by Secretary, Ministry of Works and others, 1991, 20 CLC (HCD)

....e Engineer, PWD and Director, Directorate of Government Housing & Accommodation, Bangladesh Secretariat, Dhaka for information. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 403.......be made eligible for accommodation under specific order of the Government." 6. This Rule, however, does not provide anything about allotment of abandoned house on lease temporarily to a private person or to an employee of an autonomous body. It concerns the Government servants only. Nowhere it..

Category: Property Law | Date: | Hits: 160

Rafique‑Ul Huq Vs. Bangladesh and others, 1992, 21 CLC (HCD)

....irecting the petitioner to submit his passport is declared to have been made without any lawful authority and it has no legal effect. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 398. ......he legal adviser of various banks and enjoyed a good reputation in the society and in the legal circle. On 9.10.91 he was served with the impugned order directing him to hand over his passport to the persons who came to serve the said order. Since the order is violative of Article 36 of the Constitu..

Category: Business or Commercial Law | Date: | Hits: 601

Abul Bashar Vs. The State, 1992, 21 CLC (HCD)

.... is thus made absolute. The petitioner should be set at liberty at once, if not wanted in connection with any other case. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 391. ......lose any offence of extortion as defined under section 383 BPC. The contention of the learned Advocate seems to be correct. Section 383 BPC runs as follows: "383. Whoever intentionally puts any person in fear of any injury to that person, or to any other and thereby dishonestly induces the per..

Category: Criminal Law | Date: | Hits: 104

Nowsher Ali & others Vs. State, 1986, 15 CLC (HCD)

....pheld and reference is accepted. Sentence of death passed on each appellant is merely confirmed. Mohammad Sohrab Ali J. - I agree. Ed. This Case is also Reported in: 39 DLR (HCD) (1987) 57. ......shed to the scarce of occu­rrence and while going there he saw by the light of moon appellant Jalil armed with Chora, appellant Nurul armed with dao, ap­pellant Nowsher armed with lathi and other 2 persons passing by his side hurriedly. Hav­ing seen and recognised the appellants, he asked them wh..

Category: Criminal Law | Date: | Hits: 134

Noor Hossain and other Vs. State, 2002, 31 CLC (HCD)

....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: 55 DLR (HCD) (2003) 557. ......nder Ali went out on his usual morning walk from his house to Manikkhali Railway Station and on reaching his destination was returning home and while reached near kilometre PS No. 264/13, the accused persons attacked the deceased with 'dao', 'ballam, ’kirich', etc. The further case of the prosecut..

Category: Criminal Law | Date: | Hits: 111

Noor Jamal Vs. State and another, 2009, 38 CLC (HCD)

....etropolitan Assistant Sessions Judge, 5th Court, Dhaka should not be quashed. The order of stay granted earlier shall stand vacated. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 531.......e provision of section 138 of the Negotiable instruments act which reads as follows: "138. Dishonour of cheque for insufficien­cy, etc. of funds in the account.— (1) Where any cheque drawn by a person on an account main­tained by him with a banker for payment of any amount of money to another..

Category: Criminal Law | Date: | Hits: 103

Abdul Haque Vs. Monija Khatun and others, 2011, 40 CLC (HCD)

....r in accordance with law. Send down the lower Court records along with a copy of this judgment immediately to the Court concerned. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 528. ......rary to the provision of section 89A(1) of the Code of Civil Procedure. Because in the said section it has been mentioned that the decision for mediation should be taken in presence of the parties in person or repre­sented by their respective pleaders, but in this case the learned Joint District Ju..

Category: Alternative Dispute Resolution | Date: | Hits: 227

Shariful Bhuiyan and another Vs. State, 2009, 38 CLC (HCD)

....in 3 (three) months from the date of receipt of this order. Let a copy of the judgment be sent to the trial Court concerned at once. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 524.......registered as Sessions Case No.61 of 2002; that subsequently case has been transferred to the learned Additional Sessions Judge, 2nd Court Brahmanbaria for trial who framed charge against the accused persons. 6. At the trial, prosecution adduced witnesses and the case is fixed for argument on 18-..

Category: Procedural Law | Date: | Hits: 129

Grameen Telecom Vs. Dr. Rowshan Alam and another, 2010, 39 CLC (HCD)

....ew that the revisional application is liable to be rejected. Accordingly, the Rule is discharged. There being no order as to costs. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 523. ......filed under Order I, rule 10(2) of the Code of Civil Procedure by the petitioner for addition of party as defendant should not be set aside. 2. A simple question involves in this rule is whether a person who is not a party to the suit can challenge the order of withdrawal of the suit passed at th..

Category: Procedural Law | Date: | Hits: 100

Md. Abul Boshar Vs. Minakhi Begum & others, 2011, 40 CLC (HCD)

.... being Civil Rule No.773 (F) of 2007 is discharged. Let a copy of the judgment along with lower Court's record be sent down at once. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 519.......he learned Advocate finally relying on the decisions reported in 43 DLR 360, 4 BLC (AD) 193 and 5 BLD (AD) 51 submits that specific performance is an equitable relief but equity is not available to a person whose intention is not honest and in this case it is apparent from the materials on record th..

Category: Property Law | Date: | Hits: 105

Mrs. Saleha Khatoon Vs. State, 1984, 13 CLC (HCD)

....ceed in accordance with law and concluded expeditiously. Send down the records at once. Abdul Matin Khan Chowdhury J. - I agree. Ed. This Case is also Reported in: 39 DLR (HCD) (1987) 109........R. Case No.16/82 and examined the witnesses, recor­ded their statements under section 161 CrPC seized other connected papers end also examined the accused and found prima facie case against accused persons namely, petitioner Mst. Saleha Khatun, Asadul Alam, Md. Abdul Hossain, Md. Tanjilur Rahman, ..

Category: Criminal Law | Date: | Hits: 117

Pubali Bank Ltd. Vs. Chairman, 1st Labour Court, Dhaka & others, 1986, 15 CLC (HCD)

....to costs. However, we direct the Labour Court to dispose of the original cases expeditiously. Anwarul Hoque Chowdhury J. - I agree. Ed. This Case is also Reported in: 39 DLR (HCD) (1987) 128.......d to be a Civil Court and shall have the same powers as are vested in such Court under the Code of Civil Procedure 1908 (Act V of 1908) including the power of- (a) enforcing the attendance of any person and examining him on oath; (b) compelling the production of do­cuments and material obje..

Category: Labour and Industrial Law | Date: | Hits: 147

Bijoy Kumar Shaha Vs. DC, Chuadanga and others, 2002, 31 CLC (HCD)

....r the law to get all his legitimate dues all through as the Principal of the College. Send down the lower Courts records at once. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 550. ......Governing Body could not see eye to eye with the plaintiff on administrative and academic matters, for which the former bore grudge against the plaintiff and it was the said Chairman, who is no other person than the Deputy Commissioner of Chuadanga, who entered into an unholy conspiracy with others ..

Category: Employment/Service Law | Date: | Hits: 194

Advocate Taimur Alam Khandaker Vs. Rajdhani Unnayan Kartipakkha (RAJUK) and others, 2011, 40 CLC (HCD)

....the above observation. Let a copy of the Judgment and order be sent to the concerned author­ity for information and necessary action. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 517. ......kkha (RAJUK) and others…………………………Respondents Judgment February 9, 2011. Result: The Rule is made absolute. Lawyers Involved: Taimur Alam Khandaker, Advocate - In person. M Wali-ul-Islam, Advocate - For Respondent No.1. Writ Petition No. 8937 of 2010. ..

Category: Property Law | Date: | Hits: 115