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Rezaul Karim Razu Vs. State, 2004, 33 CLC (HCD)
.... a person does not commit an offence by keeping a dagger in his possession without any licence. 8. Mr. Md. Iqbal Kabir, the learned Assistant Attorney-General appearing for the State, on the other hand, opposes the appeal and submits that one of the weapons recovered from the possession of the ac......ly, is that on 12-6‑1998, at 13‑45 hours, accused appellant Rezaul Karim (Razu) was arrested from Latabaria Surjomukhi Tarun Club and one dagger measuring 18" and one razor measuring 8" were recovered from his possession by informant Md. Abdur Rashid, the then Sub-inspector of Police, Barguna ......appeal is dismissed. The stay order granted earlier by this Court is hereby vacated. Communicate this order to the Court concerned at once. Ed. This Case is also Reported in: 57 DLR (2005) 104. ..Category: Criminal Law | Date: | Hits: 78
Lalit Kumar Roy and 2 others Vs. Krishnapada Biswas & others, 2002, 31 CLC (HCD)
.... Dhur Biswas Vs. Jagat Kishore Acharjya, 36 Indian Cases 420; 29 DLR (SC) 137, AIR 1935 Calcutta 689; Jagannath and others Vs. Sreenath and others, (1922) 59 CLJ 167. Lawyers Involved: Parimal Chandra Guha—For the Petitioners. Subash Chandra Saha—For Opposite Party No.1. Civil Revisi......urt as well as the appellate Court proceeded on this basis to decide the alienation by Sumati of the estate left by Paban Mondal as the surviving widow. 18. So, the genealogy now admits of no controversy, Paban Mondal was the original owner in possession of the suit land. He died leaving a wife. ......held. Order of status quo as granted at the time of issue of the Rule on 16-8-99 is recalled and vacated. Send down the records at once. Ed. This Case is also Reported in: 57 DLR (2005) 80. ..Category: Property Law | Date: | Hits: 64
.... for deposit of further bank guarantee in respect of a portion of the penalty was not only harassing but also mala fide.
15. Mr. Fida M Kamal, the learned Additional Attorney-General, on the other hand, first took us through sections 194, 196 and 196A to 196D and submitted that the impugned order...... 1349 pieces Siemens S‑16 Mobile Phone and 1349 pieces of Travel Chargers along with the accessories under a Letter of Credit dated 9‑3‑2000. Before shipment, the petitioner company through its overseas office at 'LINFORT BERMANY" inspected the goods and issued Clean Report of Finding (CRF) Ce...... hence, of no legal effect. The Appellate Tribunal is hereby directed to dispose of the appeals in accordance with law as early as possible.
Ed.
This Case is also Reported in: 57 DLR (2005) 74.
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Category: Fiscal/Taxation Law | Date: | Hits: 122
Abdur Razzaque (Md) Vs. State, 2003, 32 CLC (HCD)
....and evidently fell in error in coming to his ultimate decision, occasioning failure of justice. 7. Mr. SM Aminul Islam, the learned Assistant Attorney General appearing for the State, on the other hand, submits that in the facts and circumstances of the case and the evidence on record, the learne......nt from the house on the fateful night. She added that accused Abdur Razzaque used to give her indecent proposals for love but she refused him all the while. She added that there was a village salish over the matter and that caused a slight delay in lodging the first information report. She proved t......ly, accused-appellant Abdur Razzaque is sentenced thereunder to suffer RI for ten (10) years. Send down the lower Court records at once. Ed. This Case is also Reported in: 56 DLR (2004) 510. ..Category: Criminal Law | Date: | Hits: 94
Padma Oil Co. Ltd. Vs. SM Nurul Islam and others, 2002, 31 CLC (HCD)
....rts below committed error in decreeing the suit and in dismissing the appeal. 6. Mr. AKM Ashiful Huq, the learned Advocate appearing on behalf of the plaintiff opposite party No. 1, on the other hand, submitted that Padma Oil Co. Ltd. being a subsidiary Company of Bangladesh Petroleum Corporati......Court and was not legally tenable. It was further stated that the plaintiff opposite party No. 1 was charged for misconduct by charge-sheet dated 6‑6‑1993 for misappropriation of Taka 2,107.68 by over writing interpolation and falsifying the medical prescriptions given to him by company's doctor...... as to cost. The order of stay granted at the time of issuance of the Rule stands vacated. Send down the lower Court records at once. Ed. This Case is also Reported in: 56 DLR (2004) 505. ..Category: Employment/Service Law | Date: | Hits: 122
Karnaphuli Fertilizer Co. Ltd. Vs. Chairman, First Labour Court and another, 2002, 31 CLC (HCD)
.... legal effect. In the circumstances, the Rule is made absolute without any order as to costs. Let the lower Court records be sent down. Ed. This Case is also Reported in: 56 DLR (2004) 502....... legal effect. In the circumstances, the Rule is made absolute without any order as to costs. Let the lower Court records be sent down. Ed. This Case is also Reported in: 56 DLR (2004) 502.......2 incurred the displeasure, dissatisfaction and grudge of the petitioner. It was resolved in a meeting held on 19‑1‑1979 between the representatives of the CBA and the petitioner-company that the management of the petitioner company would pay Taka 10,000 to each worker towards profit-sharing ear..Category: Labour and Industrial Law | Date: | Hits: 152
Mehedi Hasan Vs. State, 2011, 40 CLC (HCD)
.... Act, 1991, which requires that the shares of a director of a debtor company cannot be transferred without obtaining prior permission of the lender bank. There is no such case before us. On the other hand, section 38 of the Companies Act, 1994, permits transfer of shares by the share-holders of a co......n respect of the rest of the houses; that the accused No.1 allegedly having approved the price fixed by the Price Evaluation Committee for sale of the said 18 abandoned houses has caused loss to the Government and thus committed an offence under section 5(2) of the said Act of 1947, sections 409/109......tioner is concerned. The accused is released from the bail bond. Stay granted shall stand vacated. Communicate the order at once. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 361...Category: Administrative Law | Date: | Hits: 173
Noor Alam Vs. Sonali Bank and others, 2011, 40 CLC (HCD)
....s. Govt. of Bangladesh, 28 DLR 123; Sk. Abdul Qasem Vs. Mayez Uddin Mondal, 45 DLR 169; Serajuddin Ahmed and others Vs. AKM Saiful Alam and another, 56 DLR (AD) 41; Eklas Khan and others Vs. Prajesh Chandra Das and others, 7 BLD (AD) 142; Kessarbai Vs. Jethabai, AIR 1928 (PC) 277; Tarak Chandra Majh......lso disposed of. The impugned judgment and decree so far those are against the defendant No. 3 are set aside. The parties are directed to bear their own costs. The respondent-bank is at liberty to recover its decreed amount from other defendant Nos. 1-2 in accordance with law. Let a copy of this ......m other defendant Nos. 1-2 in accordance with law. Let a copy of this judgment along with lower Court's record be sent down at once. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 332...Category: Procedural Law | Date: | Hits: 107
Md. Ismail Hossain Vs. Al-haj Syedur Rahman Molla and another, 2009, 38 CLC (HCD)
....aw occasioning failure of justice which are liable to be set aside. 7. Mr. Abdul Quaim, the learned advocate appearing with Mr. Sarder Abul Hossain, Advocate for the opposite parties, on the other hand, submits that though the petitioner is no doubt a defaulter yet he frankly concedes that both t......irection made above. Communicate a copy of this judgment to the House Rent Controller, Narayanganj at once. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 327, 15 BLC (HCD) (2010) 342.......irection made above. Communicate a copy of this judgment to the House Rent Controller, Narayanganj at once. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 327, 15 BLC (HCD) (2010) 342...Category: Property Law | Date: | Hits: 105
Md. Abdul Bari and others Vs. Government of Bangladesh and others, 2010, 39 CLC (HCD)
.... by the Rules of 1979 and his service will be regularized with effect from the date of this contractual appointment subject to his satisfactory performance during the period of contract. On the other hand, the terms and conditions of the contractual employee's service will be governed as per the s......Special Original Jurisdiction) Present: Syed Refaat Ahmed J Moyeenul Islam Chowdhury J Md. Abdul Bari and others ………..............................Petitioners Vs. Government of Bangladesh and others....................Respondents Judgment May 13, 2010. Re......arized in spite of the issuance of the said two Memos dated 1-6-2000 and 12-9-2001 by the Government. It was stated in the agenda of a Biman ED meeting signed on 30-12-2001 that by reason of the dual management system in BFCC and the discriminatory terms and conditions governing the service of the..Category: Employment/Service Law | Date: | Hits: 145
Sheikh Hasina Wazed @ Sheikh Hasina Vs. State and another, 2010, 39 CLC (HCD)
....hmood, 60 DLR (AD) 147; Ali Akkas Vs. Enayet Hossain,17 BLD (AD) 44=2 BLC (AD) 116; Manindra Nath Vs. Rajendra AIR 1992 (SC) 1815; 7 BCR (AD) 179; Golam Sarwar Hiru Vs. State, 13 MLR (AD) 103; Gokul Chand Dwarkadas Moraka Vs. King, AIR 1948 (PC) 82; Abdul Hakim Vs. State, 45 DLR 352; Syed Mustafizur......aused huge loss to the national exchequer. It has been further alleged in the FIR that the then Prime Minister Sheikh Hasina and other accused persons with an intention to cause monetary loss to the Government and to earn money for themselves have created an opportunity for the NIKO Resources a fo......giving able assistance to this Court in the matter of disposing the rule in an effective manner. Send down the Lower Court records. Ed. This Case is also Reported in: 63 DLR (HD) (2011) 40. ..Category: Criminal Law | Date: | Hits: 126
Altaf Miah Vs. Md. Anwar Hossain and another, 1982, 11 CLC (AD)
....tember 12, 1931. One of the terms of the Waqfnama is to the effect that after death of the Waqif Omar Miah and his wife Zubeda Banu, the most competent son out of his four sons-Moyna Miah, Nur Miah, Chand Miah and Sultan Miah, would become Mutwalli in succession, having regard to preference of such ......ich it was difficult to assess their fitness resorted to opinion poll amongst the beneficiaries as to whom they liked to succeed as Mutwaili. The sons of Moyna Miah voted for Anwar Hossain. The rest covering the members of 4 families unanimously voted for Mohammad Altaf Miah. Anwar Hossain got fou......f the Administrator clearly falls under section 51 of the Waqfs Ordinance. Section 51 reacts as under: “51. No Notifications of changes in enrolled Waqfs.- (1) In the case of any change in the management of an enrolled waqf due to the death retirement or removal of the mutwalli, the prospecti..Category: Trust/Waqf Law | Date: | Hits: 188
....chari Union has already obtained the necessary amendment on 31.10.1988.
It has also been pointed out earlier that the opposite party No.2, the Karnafully Paper Mills Workers Union, has already handed over charge to the petitioner on 15.11.1988 prior to issuance of the Rule on 23.11.1988 by th.......3 herein as Collecting Bargaining Agent of opposite party No.4 herein on the basis of the result of election allegedly held on 13.7.88 and also from restraining the opposite party No.3 from taking over charge and acting as Collective Bargaining Agent of the opposite party No.4, the Karnaphuli Pap......d on contest and order of ad-interim injunction granted by this Court ex-parte on 23.11.1988 is hereby set aside. No order as to costs.
Ed.
This Case is also Reported in: 41 DLR (HCD) (1989) 262...
Category: Labour and Industrial Law | Date: | Hits: 203
Jagodish Chandra Dutta Vs. M. H. Azad, 1989, 18 CLC (HCD)
.... This Case is also Reported in: 41 DLR (HCD) (1989) 257. ......boob Alam, the then Manager of the said Tea Estate and Mr. Mahboob Alam was tried in absentia and was convicted and sentenced to pay a fine of Taka 500/-. The present opposite party and 8 others took over charge of Ramgarh Tea Estate as Manager on 25.6.84 and the petitioner by a letter dated 17.10.8......(Standing Orders) Act, 1965. 2. The petitioner as first party filed the complaint case No.72 of 1979 under section 25(1)(b) of the Employment of Labour of (Standing Orders) Act, 1965 against the management of Ramgarh Tea Estate, Fatikchari, Chittagong in the Labour court alleging that he was a ..Category: Labour and Industrial Law | Date: | Hits: 177
Dr. Mohiuddin Farooque and another Vs. Bangladesh, 1997, 26 CLC (HCD)
....er cuttings showing staging of demonstration, procession and holding of meetings by thousands of males and females. The letters and paper cuttings are Annexure-F series. The respondents, on the other hand, annexed some paper cuttings in the affidavits-in-opposition of the Writ Petition No.1576 of 19...... Sekandar Ali Mondol.................Petitioner (In Writ Petition No. 1576 of 1994) Vs. Bangladesh, represented by the Secretary, Ministry of Irrigation, Water Development and Flood Control, Government of the People's Republic of Bangladesh, and others............Respondent (In both the Writ...... under: (a) The two consecutive severe floods of 1987 and 1988 in Bangladesh aroused national and international concern on the water resources issue in particular and the question of environmental management in general for the country. Studies were made and as a result of studies, a list of 11 Gu..Category: Environmental Law | Date: | Hits: 1051
Nur Mohammad Fakir Vs. Bangladesh, 1997, 26 CLC (HCD)
....d the respondent No.3 as Nikah Registrar on temporary basis under provisions of section 4 of the Muslim Marriage and Divorces (Registration) Act, 1974 and by the said Memo the petitioner was asked to hand over the seals and papers relating to the Nikah Registration of Zindapur Union to the District ...... Present: KM Hasan J Md. Awlad Ali J Nur Mohammad Fakir…………………Petition Vs. Bangladesh, represented by the Secretary, Ministry of Law, Justice and Parliamentary Affairs, Government of the People’s Republic of Bangladesh and others……………Respondents Judgment ......on all the three Rules are discharged without any order as to cost. The order of stay granted earlier by this Court is hereby vacated. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 71. ..Category: Civil Law | Date: | Hits: 90
State Vs. Md. Jamaluddin, 1997, 26 CLC (HCD)
....hashua. P.W.8 Naijan, wife of P.W.7 Bissad saw the occurrence. She came out from the kitchen after hearing the sound of inflicting the blow and instantaneously victim fell down. On hearing her cries Chandra, P.W.6 Sakhina, P.W.8 Nabijan came and she told them about the occurrence. In cross-examinati......s his neighbour and his house was to the south intervened by two houses from his house. He admitted that on the day previous to the occurrence there was quarrel between the victim and his son accused over selling of the cow. Accused occasionally used to live in his father-in-law’s house. Accused w......ld and he is sentenced to suffer imprisonment for life and also to pay fine of Taka 1000.00 in default to suffer RI for one year more. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 67. ..Category: Criminal Law | Date: | Hits: 72
Jahanara Hasan and another Vs. Md. Nazrul Islam & another, 1997, 26 CLC (HCD)
....ned order. In the result, the Rule is discharged. There will be no order as to costs. Send down the lower Court records at once. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 65. ......ned order. In the result, the Rule is discharged. There will be no order as to costs. Send down the lower Court records at once. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 65. ......t this is a simple communication of defendant No.1 to his sister i.e. plaintiff as to his inability to run the business himself. The defendant No.1 is deriving no pecuniary benefit from the change of management of the business and the most important aspect is that had it been a case of sub-letting, ..Category: Property Law | Date: | Hits: 64
Shahed Reza Shamim Vs. State, 1996, 25 CLC (HCD)
....e accused persons attacked them and then picked up Masudur Rahman (Babu) on a motor cycle and took him to Kalu Shah Road where they conjointly cut the tendons of both his legs, gave dao blow upon his hand and thereby accused caused grievous injuries upon his person. It appears that subsequently on 9......submits that the petitioner was arrested by the police on 19-12 since then he is in custody and that in the First Information Report though the name of petitioner was shown as accused but there is no overt act on the part of the petitioner. Further, five witnesses named in the First Information Repo......n the result the Rule is made absolute and the petitioner is enlarged on bail to the satisfaction of the Deputy Commissioner, Barisal. Ed. This case is also Reported in: 49 DLR (HD) (1997) 116. ..Category: Criminal Law | Date: | Hits: 74
M R Sikder Vs. Bangladesh Water Development Board, 1996, 25 CLC (HCD)
....oner Vs. Bangladesh Water Development Board…………………………………….Opposite Party Judgment May 28, 1996. Result: The Rule is discharged. Lawyers Involved: Khandker Mahbubuddin Ahmed, Advocate-For the petitioner. Abdul Wadud Bhuiyan, Additional Attorney-......e not nominated any other Arbitrator as required under the law and therearter at the request of the petitioner Mr. Justice Abdur Rahman Chowdhury constituted himself as the sole arbitrator and he sat over the matter and gave the award. None from the opposite party appeared to contest the claim of th......s application. The Rule is accordingly discharged without any order as to costs. The order of stay passed earlier is hereby vacated. Ed. This case is also Reported in: 49 DLR (HD) (1997)113. ..Category: Alternative Dispute Resolution | Date: | Hits: 245
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