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Abdul Kashem Vs. University of Chittagong, 2008, 37 CLC (HCD)

....946, examination held in the year 1983 as early as possible preferably within 2(two) months from the date of receipt of the Judgment. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 518. ......ted in English on 4-8-1992. He also received mark sheet written in Bengali from the concerned section of the University. Immediately after obtaining the certificate of BA pass examination, due to his personal need. He procured SSC and HSC certificate translated in English (English Certificate) upon ..

Category: Others | Date: | Hits: 186

Nur Hossain Miah & others Vs. Bangladesh and others, 2010, 39 CLC (HCD)

....ce of the rules is hereby recalled. Let a copy of this Judgment be transmitted to the Chairman, Anti-Corruption Commission, Dhaka. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 514. ......evention of Corruption Act, 1947 and sections 420/409/109 of the Penal Code, pending before the Court of Chief Metropolitan Magistrate, Dhaka. 12. The principle of criminal jurisprudence is that a person concerned should submit to the process of justice before he can claim right of audience provi..

Category: Criminal Law | Date: | Hits: 107

Ibrahim Khalil and others Vs. Mujibur Rahman and others, 2012, 41 CLC (AD)

....servation that the findings of the Courts below not relating to specific performance of contract shall be deemed to have been expunged. Ed. This Case is also Reported in:18 BLC (AD) (2013) 23. ...... co-sharers in the land of suit plot No.78 and that they also claimed that the land described in bainapatra attracted their land. It is important to note that defendants Nos.4-9 are not the competent persons to challenge the power of attorney, the bainapatra and payment of consideration money admitt..

Category: Civil Law | Date: | Hits: 186

Md. Omar Ali Mondal and others Vs. Md. Abdul Hamid and others, 2012, 41 CLC (AD)

....on proper appreciation of law and facts do not call for interference by this Division. Accordingly, this civil petition for leave to appeal is dismissed. Ed. This Case is also Reported in:...... this established principle of law. 8. When the Bengal Tenancy Act was in operation, a tenancy in respect of the agricultural land could be created by dakhila and in the event of any dispute, the person who took settlement on the basis of dakhila was required to prove the dakhila in accordance w..

Category: Property Law | Date: | Hits: 101

SM Sabbir Hasan Vs. State, 2011, 40 CLC (HCD)

....ermitted to take back the certified copies of the annexures on substituting with photo copies of the same, except the impugned order. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 368. ......uption Commission can lay the trap and conduct the trap operation and, as such, in the present case the very initiation of the case is illegal, as the first information report was lodged by a private person who himself is an inter­ested person. He further submits that except follow­ing the mandato..

Category: Criminal Law | Date: | Hits: 111

Abdul Quayum Vs. International Finance Investment and Commerce Bank Ltd. and others, 2010, 39 CLC (HCD)

....t, Dhaka in Title suit No.83 of 2007 rejecting the plaint of the suit is maintained and upheld. Send down the lower Court records. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 359. ......ively; that former Managing Director Mr. Fazlur Rahman and Mr. Kazi Mesbahuddin Ahmed and a former Executive Vice-President Mr. T Alam instructed him to make some temporary advances in favour of some persons about whom they were interested; that plaintiff had to make those advances as he being a sub..

Category: Employment/Service Law | Date: | Hits: 175

Md. Fazlur Rahman & others Vs. Government of the People's Republic of Bangladesh & others, 1989, 18 CLC (HCD)

.... service cannot be sustained. In the result, the Rule in all the Writ petitions are made absolute but without any order as to costs. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 459.......n his application. 5. The petitioner in Writ petition No.452 of 1986 stated that when the Sector Commander, Dinaj­pur made the aforesaid surprise visit he was away from the border outpost on some personal necessity, keeping the Second man, namely, Habilder Abu Bakar in charge of the outpost for ..

Category: Others | Date: | Hits: 167

Jalaluddin Vs. Bangladesh, 1989, 18 CLC (HCD)

....result, the Rule is discharged but without any order as to costs, and the order of stay passed by this Court earlier is hereby vacated. Ed. This Case is also Reported in: 42 DLR (HD) (1990) 132.......slam, the learned Assistant Attorney-General, submits that the petitioner's present application is absolutely premature. As no legal right of the petitioner has been infringed, he is not an aggrieved person. In support of his contention that unless the legal formalities as contemplated un­der secti..

Category: Property Law | Date: | Hits: 108

Daulatpur Traders & Co. Ltd. Vs. Eastern Federal Union Insurance Co. Ltd. & another, 1989, 18 CLC (HCD)

....lt all the three appeals are dis­missed but in the facts and circumstances of the case we direct the parties to bear their own costs. Ed. This Case is also Reported in: 42 DLR (HD) (1990) 125. ......stions be re­ferred to the decision of an arbitrator, to be appointed in writing by the parties in difference, or, if they cannot agree upon a single arbitrator, to the decision of two disinterested persons as arbitrators, of whom one shall be appointed in writing by each of parties, within two cal..

Category: Business or Commercial Law | Date: | Hits: 290

Soleman & Others Vs. State, 1989, 18 CLC (HCD)

....umber of reference books available to this Court for this case. We acknowledge such praiseworthy endeavour and assistance with thanks. Ed. This Case is also Reported in: 42 DLR (HD) (1990) 118. ......t he accom­panied Akal Miah upto the bank of the river Khoai. On the following day, namely on Saturday, the dead body of Akal Miah was found floating in the river Khoai with multiple injuries on his person. It is al­leged by the prosecution that due to enmity Akal Miah was abducted and murdered by..

Category: Criminal Law | Date: | Hits: 141

Abdul Latif & another Vs. Attar Ali, 1989, 18 CLC (HCD)

....appeal below occasioning any failure of justice, no interference is called for. The rule is discharged without any order as to costs. Ed. This Case is also Reported in: 42 DLR (HD) (1990) 115.......ve right of way cannot be acquired by mere enjoyment of the same for statutory period. The enjoyment must be as of right i.e. not attributable to permission implied or express. The mere fact that one person walks over the land of another does not raise any presumption that he has right to do so. Mr...

Category: Civil Law | Date: | Hits: 152

Emdadul Hoque Miah Vs. People's Republic of Bangladesh, 1989, 18 CLC (HCD)

....ted 17.10.87 is illegal and has been made without any lawful authority and is of no legal effect. There will be no order as to cost. Ed. This Case is also Reported in: 42 DLR (HD) (1990) 110.......able to accept the argument of the learned Deputy Attorney-General as we find that the rule of natural justice is an indispensable rule of practice, whenever any decision is made directly affecting a person's right to property or character of office, the rule is to be read in every enactment, even t..

Category: Others | Date: | Hits: 175

Lal Miah Vs. Fazlul Haque Bhuiyan & Others, 1989, 18 CLC (HCD)

.... to be void and the election authorities are directed to hold fresh election for the post of Chairman of the concerned Union Parishad. Ed. This Case is also Reported in: 42 DLR (HD) (1990) 105. ......ned Union Parishad, because it is a settled law in respect of votes given to a dis­qualified candidate that unless the disqualification was a notorious one, the voters who voted for the disqualified person cannot be disenfranchised for no fault on their part. If the petitioner was not in the field,..

Category: Election Law | Date: | Hits: 187

Chand Miah & Others Vs. State, 1989, 18 CLC (HCD)

....f 1987 now pending before the Court of the Special Tribunal No.11, Bogra be stopped and the accused petitioners be released forthwith. Ed. This Case is also Reported in: 42 DLR (HD) (1990) 97. ......this Act, shall apply to the proceedings of Spe­cial Tribunals, and such Special Tribunal shall have all the powers conferred by the Code on a Court of Session exercising original Jurisdiction and a person conducting prosecution before such Special Tribunal shall be deemed to be a Public Prosecutor..

Category: Procedural Law | Date: | Hits: 112

Rahmatullah Vs. State and another, 1995, 24 CLC (HCD)

....accordingly discharged. The orders of stay passed earlier are hereby vacated. Sent down the lower Court records expeditiously. Ed This Case is also Reported in: 48 DLR (HCD) (1996) 158. ...... 3. The short fact leading to Criminal Revision No.1127 of 1994 is that on 16.4.93 accused­-petitioner as informant lodged First Information Report with Tungibari Police Station against 33 accused persons alleging that over election of two teachers representatives of a local High School there was..

Category: Criminal Law | Date: | Hits: 99

State Vs. Lokman Miah, 1995, 24 CLC (HCD)

....the accused Lokman Miah by the Additional Sessions Judge, Narayanganj in Sessions Case No.50 of 1988 on 15.6.92 is hereby set aside. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 149. ......ain was beaten by the butt of the gun of accused Lokman Miah. Both Jahangir and Nur Alam were sleeping in the shop of one Gafur. Police entered into bank but no public entered there. At that time 3/4 persons entered into the bank and in their presence surathal report was prepared and alamats were se..

Category: Criminal Law | Date: | Hits: 73

Niamatullah @ Chand (Md.) Vs. State and others, 1995, 24 CLC (HCD)

....of this Rule. In the result, the Rule is discharged and the order of stay stands vacated. Communicate the order to the Court below. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 148.......for quashing the order 11.7.91 passed by the District Magistrate, Noagaon reviving Special Tribunal Case No. 64 of 1990. 2. It appears that First Information Report was lodged against the accused persons on 3.1.90 under section 19(a) and (b) of the Arms Act. Investigating Officer having failed t..

Category: Criminal Law | Date: | Hits: 82

Baseruddin Pramanik (Md.) Vs. Golapjan Bewa and others, 1995, 24 CLC (HCD)

....result, the Rule is discharged. The pre-emption is allowed. Costs all through against the petitioner. Sent down the records at once. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 137.......t fraud has been practiced by both the transferor and transferee and made the transaction a colourabe one, purportedly showing it as an exchange Instead of sale, to defeat the right of pre-emption. A person who adopted fraudulent means to make illegal gain cannot be allowed to enjoy the fruit of the..

Category: Property Law | Date: | Hits: 89

Abdus Samad Azad and others Vs. Bangladesh and others, 1992, 21 CLC (HCD)

....1991 having not been before this Court, the impugned Ordinance having been withdrawn, that petition is disposed of accordingly. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 354. ......253. Lawyers Involved: Amir‑ul‑Islam with Zakir Ahmed, Md. Nurul Huda and Shirin A Choudhury‑For the Petitioner (In Writ Petition No. 2195 of 1991). Moudud Ahmed-Petitioner in person (In Writ Petition Nos. 2213 and 2238 of 1991). Aminul Huq, Attorney‑General with AF H..

Category: Constitutional Law | Date: | Hits: 414

Mahbubur Rahman Vs. State, 1992, 21 CLC (HCD)

....lication is allowed and the Rule made absolute. The impugned order dated 4.6.90 is hereby set aside. Stay stands vacated. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 342. ......n and, as such, the first order should not be quashed as a whole. 6. There is no dispute regarding the legal position that the Court has jurisdiction to direct further investigation against any person who appears to be involved in the case concerned to the Court. It is also not disputed that t..

Category: Criminal Law | Date: | Hits: 78