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Shahnewaz Karim (Md.) Vs. State, 2009, 38 CLC (HCD)

....Brahmanbaria Police on production arrested accused, Md. Akkas Mia, with 300 bottles of Indian Phensidyl and lodged an FIR on 7-7-2008 at 10-25 hours with Brahmanbaria police station against 6 accused persons including the arrested accused person alleging, inter alia, that on 6-7-2008 at 20-30 hours ......undertaking to produce the same before the Court on and when directed by the same. Copy be sent down at once. Ed. This Case is also Reported in:62 DLR (HCD) (2010) 67; 18 BLT (HCD) (2010) 5. ......t on and when directed by the same. Copy be sent down at once. Ed. This Case is also Reported in:62 DLR (HCD) (2010) 67; 18 BLT (HCD) (2010) 5. ......undertaking to produce the same before the Court on and when directed by the same. Copy be sent down at once. Ed. This Case is also Reported in:62 DLR (HCD) (2010) 67; 18 BLT (HCD) (2010) 5. ..

Category: Criminal Law | Date: | Hits: 110

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

....believed or not. Here, we have found that there is no suggestion from the side of the defence that the informant and the Investigating Officer P.W.13 had any enmity with or grudge against the accused persons for which they were falsely implicated in this case. The only suggestion given to the prosec...... the result, the appeal is allowed with modification. Send down the Lower Court Records at once. Communicate the order at once. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 49. ......cation. Send down the Lower Court Records at once. Communicate the order at once. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 49. ...... the result, the appeal is allowed with modification. Send down the Lower Court Records at once. Communicate the order at once. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 49. ..

Category: Criminal Law | Date: | Hits: 79

Shefali Bala Vs. Khalipur Pukurpara Registered Non-Government Primary School Managing Committee and others, 2009, 38 CLC (HCD)

.... the plaintiff's dismissal shall be treated to be special leave without pay and other benefits. Send down the LC records accordingly. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 41....... the plaintiff's dismissal shall be treated to be special leave without pay and other benefits. Send down the LC records accordingly. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 41.......ial leave without pay and other benefits. Send down the LC records accordingly. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 41....... the plaintiff's dismissal shall be treated to be special leave without pay and other benefits. Send down the LC records accordingly. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 41...

Category: Employment/Service Law | Date: | Hits: 118

Chief Engineer, the Local Government and Engineering Department and others Vs. Kazi Mizanur Rahman and others, 2012, 41 CLC (AD)

....sposal of these petitions are as under: C.P. No. 1247 of 2011 2. This petition arose from the judgment of the High Court Division in Writ Petition No.8737 of 2008. In the High Court Division 49 persons filed the above writ petition seeking a direction upon the writ respondents who are petition...... The leave petitions are disposed of with the above observations and modifications of the earlier as well as the impugned judgments. Ed. This Case is also Reported in: 17 BLC (AD) (2012) 91. ......ons of the earlier as well as the impugned judgments. Ed. This Case is also Reported in: 17 BLC (AD) (2012) 91. ...... The leave petitions are disposed of with the above observations and modifications of the earlier as well as the impugned judgments. Ed. This Case is also Reported in: 17 BLC (AD) (2012) 91. ..

Category: Employment/Service Law | Date: | Hits: 147

State Vs. Md. Shahidul Islam and others, 2011, 40 CLC (AD)

....ivision acquitting the accused-respondent No.1 of the charge under sections 302/34 of the Penal Code and the other respondents under sections 324/34 of the Penal Code including the absconding accused persons, some of whom were charged under sections 302/34 of the Penal Code. 2. Facts relevant for......large the respondent Nos.2-6 on bail to its satisfaction, if they submit bail bonds and to take other accused including the respondent No.1 into the custody. Ed. This Case is also Reported in: ......nds and to take other accused including the respondent No.1 into the custody. Ed. This Case is also Reported in: ......large the respondent Nos.2-6 on bail to its satisfaction, if they submit bail bonds and to take other accused including the respondent No.1 into the custody. Ed. This Case is also Reported in: ..

Category: Criminal Law | Date: | Hits: 69

Azad Hossain (Md) Vs. State, 2003, 32 CLC (HCD)

....e decided in this case, it does not, in any way, necessitate interference in the merit of the case. It is the age-old principle followed in dispensing with Criminal Justice that better several guilty persons should escape then one innocent suffers. The learned judge failed to appreciate this aspect ......with the Special Tribunal Case No. 41 of 1996 immediately, if not wanted in connection with any other case. Communicate the order at once. Ed. This Case is also Reported in: 56 DLR (2004) 602.......immediately, if not wanted in connection with any other case. Communicate the order at once. Ed. This Case is also Reported in: 56 DLR (2004) 602.......with the Special Tribunal Case No. 41 of 1996 immediately, if not wanted in connection with any other case. Communicate the order at once. Ed. This Case is also Reported in: 56 DLR (2004) 602...

Category: Criminal Law | Date: | Hits: 73

Dr. Qazi Faruque Ahmed Vs. State, 2004, 33 CLC (HCD)

....an, Sub‑Inspector of Police under Pallabi Police Station, Dhaka Metropolitan Police alleging, inter alia, that on 7‑3‑2004 in the evening a meeting took place at Proshika Bhaban where 7 accused persons including the petitioner were present and in the said meeting the petitioner disclosed that ......the petitioner the trial Court shall have the liberty to deal with the question of bail of the accused‑petitioner in accordance with law. Ed. This Case is also Reported in: 56 DLR (2004) 600. ......liberty to deal with the question of bail of the accused‑petitioner in accordance with law. Ed. This Case is also Reported in: 56 DLR (2004) 600. ......the petitioner the trial Court shall have the liberty to deal with the question of bail of the accused‑petitioner in accordance with law. Ed. This Case is also Reported in: 56 DLR (2004) 600. ..

Category: Criminal Law | Date: | Hits: 81

Hasan Rony Vs. State, 2004, 33 CLC (HCD)

....fence was not exceeded. 16. The learned Sessions Judge was of the opinion that the appellant was not entitled to the right of private defence even if the victim had extramarital affairs with other persons. "None given the accused any licence to kill the deceased Ritu for this reason." The learned......d against him and he is acquitted thereof. Appellant Hasan Rony be set at liberty at once, if not wanted in connection with any other case. Ed. This Case is also Reported in: 56 DLR (2004) 580. ......ellant Hasan Rony be set at liberty at once, if not wanted in connection with any other case. Ed. This Case is also Reported in: 56 DLR (2004) 580. ......d against him and he is acquitted thereof. Appellant Hasan Rony be set at liberty at once, if not wanted in connection with any other case. Ed. This Case is also Reported in: 56 DLR (2004) 580. ..

Category: Criminal Law | Date: | Hits: 128

Govt. of People's Re­public of Bangladesh Vs. Md. Habibur Rahman @ Manu, 1978, 7 CLC (AD)

....n, what precise meaning the legislative authority in­tended to convey by the word 'government'. We find, 'government' may mean broadly speaking two concepts, as a system of govern­ing; or a body of persons authorised to ad­minister the laws or to govern the State. If is, to be remembered that the......on and no consideration of the merit of the case or the detention order arises and so this appeal is disposed of in the terms aforesaid. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 152.......arises and so this appeal is disposed of in the terms aforesaid. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 152.......on and no consideration of the merit of the case or the detention order arises and so this appeal is disposed of in the terms aforesaid. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 152...

Category: Criminal Law | Date: | Hits: 63

NFM Universeum Estate Ltd. Vs. ANM Obaidul Islam and others, 2004, 33 CLC (HCD)

....s Abdul Motaleb, Abdul Shahid and Abdul Hamid. The successive heirs of Elahi Bux and Abdul Karim used to possess the suit land by cultivation. SA record of rights was prepared in the names of various persons but not recorded in the names of Sonaban and others as they were illiterate. Accordingly, th......rocedure for using said deed in the suit knowing it to be forged and fraudulent for criminal prosecution. Send down the records at once. Ed. This Case is also Reported in: 56 DLR (2004) 563. ........................Appellant Vs. ANM Obaidul Islam and others......... Respondents Judgment April 20, 2004. Result: The appeal is dismissed. Lawyers Involved: Khandker Mahbubuddin Ahmed with SM Monir, Advocates ‑ For the Appellant. Hasan Foez Siddique with M Habibullah, A......rocedure for using said deed in the suit knowing it to be forged and fraudulent for criminal prosecution. Send down the records at once. Ed. This Case is also Reported in: 56 DLR (2004) 563. ..

Category: Property Law | Date: | Hits: 85

Abdus Samad & others Vs. State, 1989, 18 CLC (HCD)

....d not be said that the petition as moved initially was not maintainable and in the instant case the Court having issued the Rule it ought have been to the knowledge of the Court at that time that the persons had not surrendered. 5. After this matter was heard for a day, an ap­plication was moved......t with a fresh application on Revision along with a prayer for bail after surrender, if so advised. Send down the records at once. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 291. ......ail after surrender, if so advised. Send down the records at once. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 291. ......t with a fresh application on Revision along with a prayer for bail after surrender, if so advised. Send down the records at once. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 291. ..

Category: Criminal Law | Date: | Hits: 95

M. M. Rafiqul Hyder Vs. The State, 1988, 17 CLC (HCD)

....vidence Act the said statement is clearly inadmissible in evidence as it was prepared under duress and coercion at the dictation of the Cus­toms officials who have arrested the appellant and who are persons in authority as contemplated under the said section 24 of the Evidence Act. The learned Advo......cu­ments, articles of daily use, clothes etc. belonging to the accused appellant may be returned to him after proper identification. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 274. ......accused appellant may be returned to him after proper identification. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 274. ......cu­ments, articles of daily use, clothes etc. belonging to the accused appellant may be returned to him after proper identification. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 274. ..

Category: Criminal Law | Date: | Hits: 87

Md. Osman Vs. Fatema Khatoon & others, 1989, 18 CLC (HCD)

....der has no role to play in this case. In this respect the decision reported in 8 DLR 272 may profitably be referred to. Moreover, the intention of the law makers to promulgate the Order was to enable persons to institute any legal proceeding which could not be instituted due to atrocities perpetrate......l is allowed with costs and the judgment and decree of the lower appel­late Court is set aside and those of the Trial Court is upheld. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 270................Respondents Judgment February 16, 1989. Result: The appeal is allowed with costs. Case Referred to- 8 DLR 272. Lawyers Involved: Nirmalendu Bikash Dana with Mamtazuddin Ahmed, Advocates - For the Appellant. Moqbul Ahmed, Advocate - For the Respondent. Appeal f......l is allowed with costs and the judgment and decree of the lower appel­late Court is set aside and those of the Trial Court is upheld. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 270...

Category: Property Law | Date: | Hits: 66

Shamir Ghosh Vs. Government of Bangladesh and others, 2004, 33 CLC (HCD)

....s. Accordingly, the trial Court is directed to dispose of the suit preferably within 3(three) months from the date of receipt of the order, Ed. This Case is also Reported in: 56 DLR (2004) 560. ......s. Accordingly, the trial Court is directed to dispose of the suit preferably within 3(three) months from the date of receipt of the order, Ed. This Case is also Reported in: 56 DLR (2004) 560. ......stant Attorney General - For the Opposite Parties. Civil Revision No. 431 of 2003. Judgment Mir Hashmat Ali J. - This Rule under sections 115(1) of the Code of Civil Procedure was issued calling upon the opposite parties to show cause as to why the Judgment and order dated 8‑1‑2003 pass......cannot be compensated by money and the machineries and other mechanical and electric equipment will be damaged. The employees and experts of the cinema business and the families will also suffer, and education of the children of the employees will also hamper and that the order of injunction is cont..

Category: Property Law | Date: | Hits: 62

Basiran Bewa Vs. State, 2004, 33 CLC (HCD)

....tion made by him should not be quashed. 2. The short facts leading to this Rule are that, Mizanur Rahman filed a petition of complaint before the Magistrate 1st Class, Tangail against five accused persons alleging that accused No. 1 Dulal Hossain married his younger sister, Hena Akter, that while......titioner complying with the above order of the Sessions Judge are hereby quashed. Communicate the order to the Courts concerned at once. Ed. This Case is also Reported in: 56 DLR (2004) 553. ...... Sessions Judge are hereby quashed. Communicate the order to the Courts concerned at once. Ed. This Case is also Reported in: 56 DLR (2004) 553. ......titioner complying with the above order of the Sessions Judge are hereby quashed. Communicate the order to the Courts concerned at once. Ed. This Case is also Reported in: 56 DLR (2004) 553. ..

Category: Criminal Law | Date: | Hits: 81

Abdul Hakim (Md.) Vs. Government of the People’s Republic of Bangladesh & others, 1997, 26 CLC (HCD)

....nt be also sent to the Principal Secretary to the Prime Minister in her office at Tejgaon, Dhaka for information and necessary action. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 137. ......ose applications to the authority along with necessary certificate for their employment. Despite the clear directives of the Government for expeditious absorption of the Mujibnagar Employees, certain interested quarters hindered the process of absorption and issued further direction vide Establishme......e Minister in her office at Tejgaon, Dhaka for information and necessary action. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 137. ......remained unimplemented till today. It is his case that after thorough examination and re-examination of the relevant papers of the petitioner ex-Mujibnagar employee and having been satisfied with his educational qualifications and fitness, Establishment Division had considered all the relevant paper..

Category: Administrative Law | Date: | Hits: 183

Nirman International Ltd. Vs. Islam Steel Mills Ltd. and others, 1997, 26 CLC (HCD)

....ected.” “84(2). Process-serving peons must invariably note the date, hour and exact place of service of each individual process and also the sequence in which processes are served on different persons to be served in the same case and on the same occasion, in their reports and declarations....... learned brother has already discussed and observed very clearly the legal aspect on this point in view of case laws cited before us. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 125. ...... and others……………………Respondents Judgment February 5, 1997. Result: The appeal succeeds. Cases Referred to- Shamsul Huda Vs. Mozammel Huq and others, 27 DLR 256; Unimarine SA Panama Vs. Bangladesh 31 DLR (AD) 112; Md. Insan Ali Vs. Mir Abdus Salam, 1988 BCR (AD) 125; ...... learned brother has already discussed and observed very clearly the legal aspect on this point in view of case laws cited before us. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 125. ..

Category: Procedural Law | Date: | Hits: 118

Nurul Islam and others Vs. Khatibuddin Ahmed and others, 2004, 33 CLC (HCD)

....accordance with law on the evidence adduced by the parties, if any. Send down the copy of this judgment and order to Courts below at once. Ed. This Case is also Reported in: 56 DLR (2004) 545.......ship and as 2/3rd majority of the members of the Samity was necessary to finally adopt the same as per Constitution, a meeting was called on 8‑5‑03 but could not be held due to conspiracy of some interested and vested quarters. Thereafter, on the expiry of the period of the Executive Committee, ......45.......accordance with law on the evidence adduced by the parties, if any. Send down the copy of this judgment and order to Courts below at once. Ed. This Case is also Reported in: 56 DLR (2004) 545...

Category: Civil Law | Date: | Hits: 74

Md. Mosharaf Hossain Sukani Vs. State and another, 2009, 38 CLC (HCD)

....ce value and accepted in their entirety, do not constitute any offence, in such cases it will be legitimate for the High Court Division not to allow the proceeding to be continued against the accused persons. The inherent power which are in the nature of extraordinary power also has to be pressed in......d for. Hence the Rule fails. In the result, the Rule is discharged. Order of stay stands vacated. Send down the LCR at once. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 35. ...... the Rule is discharged. Order of stay stands vacated. Send down the LCR at once. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 35. ......d for. Hence the Rule fails. In the result, the Rule is discharged. Order of stay stands vacated. Send down the LCR at once. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 35. ..

Category: Criminal Law | Date: | Hits: 76

Adilur Rahman Khan Vs. Bangladesh, 2008, 37 CLC (HCD)

....is discrimination and violation of equality clause embodied in the Constitution. 7. Further case of the petitioners are that the impugned Ordinance contains provisions to handout punishment to the persons appearing before it, in as much as under Section 25, the Commission has the authority, among......hority and are of no legal effect. We are grateful to the members of the bar who have actively assisted us. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 3; 16 BLC (HCD) (2011) 100. ......to the members of the bar who have actively assisted us. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 3; 16 BLC (HCD) (2011) 100. ......hority and are of no legal effect. We are grateful to the members of the bar who have actively assisted us. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 3; 16 BLC (HCD) (2011) 100. ..

Category: Constitutional Law | Date: | Hits: 264