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Masudur Rahman Vs. Secretary, Ministry of Law, Justice & parliamentary Affairs & ors., 2003, 32 CLC (HCD)

....rict Noakhali should not be declared to have been passed without any lawful authority and is of no legal effect. 2. It is stated in the Writ Petition that the peti­tioner was appointed to the post of Nikah Registrar for Ward No. 8 of Noakhali Municipality vide Memo No. 813(5) dated 14-12-200......ders of stay is recalled and vacated. Send a copy of this judgment to the respondent No. 3 for information and necessary action. Ed. This Case is also Reported in: 59 DLR (2007) 448. ......ders of stay is recalled and vacated. Send a copy of this judgment to the respondent No. 3 for information and necessary action. Ed. This Case is also Reported in: 59 DLR (2007) 448. ......ders of stay is recalled and vacated. Send a copy of this judgment to the respondent No. 3 for information and necessary action. Ed. This Case is also Reported in: 59 DLR (2007) 448. ..

Category: Civil Law | Date: | Hits: 77

Zamir Ali (Md.) and others Vs. State, 2007, 36 CLC (HCD)

....ellants be set at liberty at once if not wanted in any other case. Let a copy of the judgment along with the LCR be sent down immediately. Ed. This Case is also Reported in: 59 DLR (2007) 433.......hmed and Mainul (Mohibul and as many as 16 others, alleging, inter alia, that the accused No. 1 Jamir Ali lodged a criminal case under sections 448/ 302/114/34 against the husband, son and other male members of the informant and her family in the Sylhet Kotwali Police Station, being Sylhet Kotwali P......ellants be set at liberty at once if not wanted in any other case. Let a copy of the judgment along with the LCR be sent down immediately. Ed. This Case is also Reported in: 59 DLR (2007) 433.......ellants be set at liberty at once if not wanted in any other case. Let a copy of the judgment along with the LCR be sent down immediately. Ed. This Case is also Reported in: 59 DLR (2007) 433...

Category: Criminal Law | Date: | Hits: 30

Samiran Haider and others Vs. Bangladesh and others, 2006, 35 CLC (HCD)

....oncern common questions of fact and law and are therefore taken up for hearing together and are being disposed of by this single judgment. 3. All the petitioners after obtaining graduation and post-graduation degrees from different Universities of the country were engaged in different jobs bu......satisfactory performance in the last leg of their training without proper assessment and such termination is nothing but an excuse to victimise the petitioners as part of a bigger plan to deprive the members of the religious minority community. It has been further stated that the termination of Serv......D) 111; Delowar Hossain vs. Bangladesh 52 DLR (AD) 120; Khalilur Rahman ASP, SB, Dhaka vs. Kamrul Ahsan 11 MLR (AD) 5 = 10 BLC (AD) 193; Bangladesh vs. Shafiuddin 50 DLR (AD) 27; SP Sampath Kumar vs. Union of India AIR 1987 SC 386; JB Chopra vs. Union of India AIR 1987 SC 357; SP Sampalh Kumar vs. U......iction we are not inclined to go into their merits. Accordingly, these Rules are discharged. There will be no order as to costs. Ed. This Case is also Reported in: 59 DLR (2007) 410. ..

Category: Employment/Service Law | Date: | Hits: 107

Barrister Md. Rafiqul Islam Mia Vs. Government of Bangladesh and others, 2006, 35 CLC (HCD)

.... contained in Annexure-C is declared illegal and without lawful authority and is of no legal effect. There will be no order as to costs. Ed. This Case is also Reported in: 59 DLR (2007) 407. ...... contained in Annexure-C is declared illegal and without lawful authority and is of no legal effect. There will be no order as to costs. Ed. This Case is also Reported in: 59 DLR (2007) 407. ...... contained in Annexure-C is declared illegal and without lawful authority and is of no legal effect. There will be no order as to costs. Ed. This Case is also Reported in: 59 DLR (2007) 407. ...... contained in Annexure-C is declared illegal and without lawful authority and is of no legal effect. There will be no order as to costs. Ed. This Case is also Reported in: 59 DLR (2007) 407. ..

Category: Anti-Corruption Laws | Date: | Hits: 140

Rabiul Karim (Md.) Vs. State, 2005, 34 CLC (HCD)

....and went to the house of the convict. There he was not allowed to see the dead body of his daughter and he was compelled to sign the inquest report. The dead body was sent to the Sirajgonj morgue for post mortem examination. At the influence of the local Chairman the doctor gave report that the vict......t aside. Let the convict Md. Rabiul Karim be set at liberty forthwith if not wanted in any other connection. Sent down the LCR at once. Ed. This Case is also Reported in: 59 DLR (2007) 401. ......t aside. Let the convict Md. Rabiul Karim be set at liberty forthwith if not wanted in any other connection. Sent down the LCR at once. Ed. This Case is also Reported in: 59 DLR (2007) 401. ......t aside. Let the convict Md. Rabiul Karim be set at liberty forthwith if not wanted in any other connection. Sent down the LCR at once. Ed. This Case is also Reported in: 59 DLR (2007) 401. ..

Category: Criminal Law | Date: | Hits: 30

Shahjahan Ali (Md.) @ Md. Shahjahan Vs. State, 2007, 36 CLC (HCD)

.... confession and gave him 3 hours' time to think before making confession and thereafter accused Shahjahan voluntarily made the confession without any inducement. PW 17 Doctor ABM Abdul Latif made the post-mortem of dead body of Sharifa Khatun and found injuries caused by heavy sharp cutting weapon l......fa Khatun with accused Shahjahan are searching him. PW 7 being tired had his sleep and his brother Rana went to search his mother but could not find her. On the following morning PW 7 with his family members saw the dead body of his mother with injury lying in front of residence of Taher Shaheb. PW ...... sentence dated 22-3-2005 is upheld and confirmed. Send down the lower Court records at once along with a copy of the judgment. Ed. This Case is also Reported in: 59 DLR (2007) 396. ...... sentence dated 22-3-2005 is upheld and confirmed. Send down the lower Court records at once along with a copy of the judgment. Ed. This Case is also Reported in: 59 DLR (2007) 396. ..

Category: Criminal Law | Date: | Hits: 29

Bangladesh Film Development Corporation Vs. Chairman, Labour Court & another, 2007, 36 CLC (HCD)

....eading to the issuance of the Rules, in brief, are: Respondent No. 2(in Writ Petition No. 746 of 2006) was the Upper Division Assistant under the petitioner and subsequently he was promoted to the post of Schedule Programmer/ Accountant. He was proceeded against on the charge of misappropria­tio......discharged. The stay order passed at the time of issuance of these Rules is hereby recalled and vacated. There is no order as to costs. Ed. This Case is also Reported in: 59 DLR (2007) 379. ......discharged. The stay order passed at the time of issuance of these Rules is hereby recalled and vacated. There is no order as to costs. Ed. This Case is also Reported in: 59 DLR (2007) 379. ......discharged. The stay order passed at the time of issuance of these Rules is hereby recalled and vacated. There is no order as to costs. Ed. This Case is also Reported in: 59 DLR (2007) 379. ..

Category: Labour and Industrial Law | Date: | Hits: 181

State Vs. Kajal Ahmed Jalali, 2007, 36 CLC (HCD)

....ital and he found presence of rickshaw puller Abdul Matin there. He visited the place where dead body was found and held inquest on the dead body and sent the unidentified dead body to the morgue for post­mortem examination. Then he lodged first information report on the same night with Ramna Polic......was Vice-President of Dhaka University Mohsin Hall Chhatra Sangshad as an activist of Jatiotabadi Chhatra Dal and later on he joined Bangladesh Nationalist Party (BNP). Due to death of Wali Ashraf, a member of the Parliament from the BNP in the Brahmanbaria-6 constituency, by-election was held in 19......rrence which had taken place in Dhaka, she appears to have disclosed in the first information report from other sources. From her cross-examination, it appears that she was a member of the Madhyapara Union Parishad at the time of giving testimony, and she said that Kajal Jalali's sister Hosna Jalali...... which had taken place in Dhaka, she appears to have disclosed in the first information report from other sources. From her cross-examination, it appears that she was a member of the Madhyapara Union Parishad at the time of giving testimony, and she said that Kajal Jalali's sister Hosna Jalali was t..

Category: Criminal Law | Date: | Hits: 109

AKM Shamsuddin Vs. Secretary, Ministry of Establishment and others, 2007, 36 CLC (HCD)

....tion calls for consideration is, whether the impugned order was passed by the respondent No. 3 in accordance with law. 8. We find from the record that the petitioner, after retirement from the post of DIG Police), was employed further in the same post on 11-3-2001, on a contract basis for a ......ny merit in this Rule. In the result the Rule is discharged without any order as to cost. Communicate the order at once. Ed. This Case is also Reported in: 59 DLR (2007) 312. ......ny merit in this Rule. In the result the Rule is discharged without any order as to cost. Communicate the order at once. Ed. This Case is also Reported in: 59 DLR (2007) 312. ......ny merit in this Rule. In the result the Rule is discharged without any order as to cost. Communicate the order at once. Ed. This Case is also Reported in: 59 DLR (2007) 312. ..

Category: Employment/Service Law | Date: | Hits: 76

Eskayef Bangladesh Ltd. Vs. Commissioner of Taxes, 2004, 33 CLC (HCD)

....and against the Department but other costs mentioned in the said question are answered in the affirmative. No order as to costs. Ed. This Case is also Reported in: 59 DLR (2007) 308. ......and against the Department but other costs mentioned in the said question are answered in the affirmative. No order as to costs. Ed. This Case is also Reported in: 59 DLR (2007) 308. ...... United Commercial Bank Ltd vs. Commissioner of Taxes 20Q2 BTD 73; Pfizer Laboratories (Bangladesh) Ltd. vs. Commissioner of Taxes 2002 BTD 57 = 9 BLC 674; Commissioner of Taxes vs. Mysore Commercial Union Ltd. ITR, 126, 340 and Subramanian ITO vs. Siemens India Ltd. ITR 156, 11 . Lawyers inv......and against the Department but other costs mentioned in the said question are answered in the affirmative. No order as to costs. Ed. This Case is also Reported in: 59 DLR (2007) 308. ..

Category: Fiscal/Taxation Law | Date: | Hits: 64

Bangladesh Small and Cottage Industries Corporation Vs. Kazi Nazimuddin and others, 2009, 38 CLC (AD)

....ubstance in the submission of the learned Counsel for the appellant. Accordingly, the appeals are dismissed. Ed. This Case is also Reported in: 15 BLC (AD) (2010) 210, 16 MLR (AD) (2011) 447.......at the rate of 10% per annum on the compensation money from the date of taking possession thereof and also awarded cost; that in arbitration revision appeals filed by BSCIC learned District Judge and member Arbitration Appellate Tribunal affirmed the awards allowed by the learned Arbitrator disappro......ubstance in the submission of the learned Counsel for the appellant. Accordingly, the appeals are dismissed. Ed. This Case is also Reported in: 15 BLC (AD) (2010) 210, 16 MLR (AD) (2011) 447.......ubstance in the submission of the learned Counsel for the appellant. Accordingly, the appeals are dismissed. Ed. This Case is also Reported in: 15 BLC (AD) (2010) 210, 16 MLR (AD) (2011) 447...

Category: Property Law | Date: | Hits: 37

Mrs. Rokeya Begum Vs. Chartered Credit and Co-operative Limited, 2010, 39 CLC (AD)

....id. The complainant through lawyer served notice on 26.02.2006 and 05.03.2006 to pay the money by 30 days and also issued notice through daily ‘Inquilab’. The notice was issued through registered post with AD and the complainant received notice which was acknowledged on 23.03.2006. In spite of g......ng the Rule. 2. The facts involved in the case, in short, are that the complainant is an organization registered under the Co-operative Societies Ordinance, 1984 and the accused petitioner is the member of the said society and she obtained loan of TK. 23,00,000.00 with a condition to pay the sai......dated 02.06.2009 passed by the High Court Division in Criminal Miscellaneous Case No.1709 of 2008 is stayed till disposal of the appeal. Ed. This Case is also Reported in: VII ADC (2010) 1011. ......dated 02.06.2009 passed by the High Court Division in Criminal Miscellaneous Case No.1709 of 2008 is stayed till disposal of the appeal. Ed. This Case is also Reported in: VII ADC (2010) 1011. ..

Category: Criminal Law | Date: | Hits: 45

Azizur Rahman Vs. Mariamunnessa and others, 2001, 30 CLC (HCD)

....t served upon Azizur Rahman but from the service return it is evident that it was served affixing the copies of the summons at the outer door of Azizur Rahman and the notice of the suit by registered post which has been shown to have been served obtaining the signature of Azizur Rahman but has not b...... directed to dispose of the suit within one year from the date of receipt of this judgment and order. Send down the lower court records. Ed. This Case is also Reported in: 54 DLR (2002) 108. ...... directed to dispose of the suit within one year from the date of receipt of this judgment and order. Send down the lower court records. Ed. This Case is also Reported in: 54 DLR (2002) 108. ...... directed to dispose of the suit within one year from the date of receipt of this judgment and order. Send down the lower court records. Ed. This Case is also Reported in: 54 DLR (2002) 108. ..

Category: Property Law | Date: | Hits: 44

Ekramaul Hoq, alias Tuku and Ors. Vs. State, 1987, 16 CLC (HCD)

....r searching Police ultimately recovered the dead body of Belayet Khan and other from under the water hyacinth of Baronal Beel. After in­quest over the dead body of the two deceaseds and having those post mort med the police submitted charge-sheet against the accused persons under sec­tions 302/201......decide a case within a specified time that judge or the Magistrate must be physically present in court to hear and con­clude a trial but if he is directed by the Government for example, to work as a member of the Summary Martial Law court over and above his duties as a Magistrate how on earth he wo......n verbal information from lawyers. Send a copy of the judgment to the court below at an early date. D.M. Ansaruddin Ahmed J. - I agree. Ed This Case is also Reported in: 40 DLR (1988) 139.......n verbal information from lawyers. Send a copy of the judgment to the court below at an early date. D.M. Ansaruddin Ahmed J. - I agree. Ed This Case is also Reported in: 40 DLR (1988) 139...

Category: Criminal Law | Date: | Hits: 30

Abdus Sobhan Vs. Secretary, Ministry of Local Government, Rural Development and Co-­operatives and Ors., 1986, 16 CLC (HCD)

.... the functions and jurisdiction of the Upazila Parishad and its sole motive was to undo the move of the lo­cal people including he petitioner to transfer Mr. Salam as also to secure his retention of posting there and further to vilify the petitioner. So the said reso­lution being not in conformity......of the Chair­man of Kowkhali Upazila Parishad and the Upazila Parishad was functioning with him as Chairman and with five Chairmen of Union Parishads of the Upazila together with two nominated women members. There arose a dispute between the students of the Kowkhali College and Mr. M.A. Salam, the ......s office as Upazila Nirbahi Officer was discharging the function of the Chair­man of Kowkhali Upazila Parishad and the Upazila Parishad was functioning with him as Chairman and with five Chairmen of Union Parishads of the Upazila together with two nominated women members. There arose a dispute betw......-Rahman Khan J. - By an appli­cation under Article 102 of the Constitution the pe­titioner obtained this Rule to challenge the resolu­tion dated 25.3.1984 adopted and passed by Kowkha­li Upazilla Parishad and the order of the respondent No. 1 dated 23.4.86 refusing to quash the said reso­lution..

Category: Administrative Law | Date: | Hits: 185

Md. Shahjahan Ali Vs. The Chairman, Labour Court, Rajshahi, 1987, 16 CLC (HCD)

....teel Rerolling Mills Ltd. of which respondent No.2 is the Manag­er and Respondent No.3 the Managing Director. He joined the service in 1966 as a Furnace helper. On gradual promotions, he rose to the post of the Furnace-in-charge. While working as such he was sud­denly suspended on 27.3.85 by Respo......at Mill, that the enquiry was not fair and impartial inasmuch as Mr. Forhan Daud who was appointed the Chairman of the Enquiry Committee was not an employee of the Mill and the names of the two other members were also not disclosed in the letter of their ap­pointment, and as a matter of fact seven ......th full back wages and other benefits alleging inter alia, that the order of dismissal was an act of victimisation for trade union activities of the petitioner as the Gener­al Secretary of the Trade Union of that Mill, that the enquiry was not fair and impartial inasmuch as Mr. Forhan Daud who was ...... For all these reasons we do not find any sub­stance in this rule. The rule is, accordingly, dis­charged without any order as to costs. Ed. This Case is also Reported in: 40 DLR (1988) 132. ..

Category: Labour and Industrial Law | Date: | Hits: 124

Nurul Islam & others Vs. State, 1986, 15 CLC (HCD)

....Huq, P.W.5, 6, 9 and 12 were not eye witnesses to the occurrence. P.W. 19 Mr.N.C. Biswas recorded the statement of P.W. 17 and accused Shahjahan under section 164 Cr.P.C. P.W. 20 Dr. Kaisaruddin held post mortem examination on the dead body of the deceased Kanchan, P.W. 21 Kutubuddin was the in­ves......m. It is directed that they should be set at liberty forthwith, if not wanted in any other connection. Sultan Hossain Khan J. - I agree. Ed. This Case is also Reported in: 40 DLR (1988) 122. ......m. It is directed that they should be set at liberty forthwith, if not wanted in any other connection. Sultan Hossain Khan J. - I agree. Ed. This Case is also Reported in: 40 DLR (1988) 122. ......m. It is directed that they should be set at liberty forthwith, if not wanted in any other connection. Sultan Hossain Khan J. - I agree. Ed. This Case is also Reported in: 40 DLR (1988) 122. ..

Category: Criminal Law | Date: | Hits: 27

Mohammod Hossain, Advocate Vs. Quamrul Islam Siddique, Secretary, Ministry of Housing and Public Works, Bangladesh Secretariat, Dhaka and others, 2001, 30 CLC (HCD)

....ith the learned Advocate for the petitioner that it contains some specific allegations against respondent No.1 about abuse of powers. The respondent No.1, at the relevant time held the responsible post of Secretary, Ministry of Works. Officers of the Bureau of Anti-Corruption are empowered under......is not possible in a Writ Petition. 15. The learned Advocate for the petitioner, lastly, has argued that there is mention of instances of abuse of power by the respondent No.1 in appointing some members of the staff in violation of the rules. It is true that in the report, besides the allegati...... disposed of with the above observations. Send down the record. Communicate copy of this judgment to the respondent No. 3 for compliance. Ed. This Case is also Reported in: 54 DLR (2002) 88. ...... disposed of with the above observations. Send down the record. Communicate copy of this judgment to the respondent No. 3 for compliance. Ed. This Case is also Reported in: 54 DLR (2002) 88. ..

Category: Anti-Corruption Laws | Date: | Hits: 178

State Vs. Shahin and others, 2009, 38 CLC (AD)

....o them and it is unbelievable that though the victim was alive for more then seven days and was in hospital but none of his relations including P.W.1 visited him and further P.W.10, who conducted the post mortem examination, in his deposition stated that there are numerous serious injuries sustained...... to the Court and thereafter on his way to the C.M.M. Court when the victim, with his companion, came before the Biriani shop near Dhaka Bar Library at about 11.45 hours, the respondents, who are the member of Haris Group, along with others 15/20 terrorists, encircled the victim and fired bullets by......cision and there is no illegality or infirmity in the above decision so as to call for any interference. The petition is dismissed. Ed. This Case is also Reported in: 18 BLT (AD) (2010) 465. ......cision and there is no illegality or infirmity in the above decision so as to call for any interference. The petition is dismissed. Ed. This Case is also Reported in: 18 BLT (AD) (2010) 465. ..

Category: Criminal Law | Date: | Hits: 33

Belal alias Bellal and 2 others Vs. State, 2001, 30 CLC (HCD)

...., District-Dinajpur be set at liberty forthwith if not wanted in any other connection. Send down the lower Courts records expeditiously. Ed. This Case is also Reported in: 54 DLR (2002) 80. ......cution has examined 10 witnesses to bring home the charge against the 25 accused persons put on trial. PW 1 Md. Ketab Ali has deposed in his examination-in-chief that at the relevant time he was a UP member and while he was returning home from Saidpur at about 3-00/4-00 PM Daroga Shaheb called him o......, District-Dinajpur be set at liberty forthwith if not wanted in any other connection. Send down the lower Courts records expeditiously. Ed. This Case is also Reported in: 54 DLR (2002) 80. ......, District-Dinajpur be set at liberty forthwith if not wanted in any other connection. Send down the lower Courts records expeditiously. Ed. This Case is also Reported in: 54 DLR (2002) 80. ..

Category: Criminal Law | Date: | Hits: 83