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Mustafizur Rahman Vs. State and others, 1992, 21 CLC (HCD)

....1.92 and 21.4.92 from the Khulna Branch of BCI Limited dishonestly misappropriated Tk. 13,51,119.00 withdrawing the said amount in the name of business development in the name of various (fictitious) persons. It is stated in the FIR by the informant that the aforesaid occurrences of criminal breach ......the petition for bail of the petitioner and we find no reason to grant the prayer for bail. In the result, the Rule is discharged. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 227. ......find no reason to grant the prayer for bail. In the result, the Rule is discharged. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 227. ......the petition for bail of the petitioner and we find no reason to grant the prayer for bail. In the result, the Rule is discharged. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 227. ..

Category: Criminal Law | Date: | Hits: 125

Surat Ali (Md) Vs. Administrator of Waqfs and others, 1991, 20 CLC (HCD)

....the Ordinance, in our opinion, the Administrator cannot treat the same as "a waqf by user" as contemplated in section 2(10) of the Ordinance. In the instant case neither the Mutwalli of the mosque or persons interested in the mosque filed any application under section 47(2) for enrolment of the mosq......nance, in our opinion, the Administrator cannot treat the same as "a waqf by user" as contemplated in section 2(10) of the Ordinance. In the instant case neither the Mutwalli of the mosque or persons interested in the mosque filed any application under section 47(2) for enrolment of the mosque as wa......gal effect. In the result, the rule is made absolute. No order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 218. ......en passed without any lawful authority and are of no legal effect. In the result, the rule is made absolute. No order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 218. ..

Category: Trust/Waqf Law | Date: | Hits: 183

Shahabuddin Vs. Abdul Gani Bhuiyan, 1989, 18 CLC (HCD)

.... possessed by Belayet Hossain in spite of the protest and resistance of the petitioner and one Forhad Ali Sarker and Sree Gopal Chandra, the employees of the said Comilla Salt Industries. The accused persons had stolen away commodities from the said godown and also removed the signboard of M/s. Comi......elates to sale of the salt and molasses and that of the learned Magistrate is restored. In the result, this Rule is made absolute. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 217. ......t of the learned Magistrate is restored. In the result, this Rule is made absolute. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 217. ......elates to sale of the salt and molasses and that of the learned Magistrate is restored. In the result, this Rule is made absolute. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 217. ..

Category: Criminal Law | Date: | Hits: 64

Anwara Rashid and others Vs. Deputy Commissioner, Dhaka and others, 1992, 21 CLC (HCD)

....on 3 of the said Ordinance was issued on 28.11.91. By taking wrong starting point from the northern side of CS plot No.67 acquisition line has been shifted 25 feet south at the instance of interested persons. Without issuing any notice on the petitioners' fixing the demarcation line staff of the res......of the Government khas land respondent No.4 by letter dated 18.11.91 informed Prime Minister's Secretariat that necessary action in the matter was taken. Thereafter respondent No.3 at the instance of interested quarters by letter dated 31.11.91 informed the respondent No.2 that it is desirable to co......es are discharged without any order as to costs. Orders of stay stand vacated. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 207. ...... the rules under judgment. In the result all the Rules are discharged without any order as to costs. Orders of stay stand vacated. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 207. ..

Category: Property Law | Date: | Hits: 79

State Vs. Md. Shah Nowroj and others, 2011, 40 CLC (HCD)

.... 14. P.W.10 Jagadish Mondal, a village defense police Of Jalma Union Parishad stated that during investigation, one plain dressed officer showed him two master rolls and asked him whether he knew 5/6 persons named in the said rolls. He replied that they were no more residing in the area. They were s......ost of the prosecution witnesses did not support the prosecution case. In doing so the learned Judge failed to consider that conviction can be well founded even on a single witness, if he is found disinterested and his evidence is fully reliable, not shaken, self contained and complete. The learned ...... in Special Case No. 18 of 2003 is affirmed. Send down the lower Court records. Borhanuddin J. - I agree. Ed. This Case is also Reported in: ...... passed by the Divisional Special Judge, Khulna in Special Case No. 18 of 2003 is affirmed. Send down the lower Court records. Borhanuddin J. - I agree. Ed. This Case is also Reported in: ..

Category: Criminal Law | Date: | Hits: 97

State Vs. Sheikh Mujibur Rahman and others, 2011, 40 CLC (HCD)

....f documents from his office. P.W.10 Jagadish Mondal, a village defense police stated that during investigation, one plain dressed officer showed him two master rolls and asked him whether he knew 5/6 persons named in the said rolls. He replied that they were no more residing in the area. They were s......ost of the prosecution witnesses did not support the prosecution case. In doing so the learned Judge failed to consider that conviction can be well founded even on a single witness, if he is found disinterested and his evidence is fully reliable, not shaken, self contained and complete. The learned ......a in Special Case No. 16 of 2003 is affirmed. Send down the lower Court records. Borhanuddin J. - I agree. Ed. This Case is also Reported in: ......3 passed by the Divisional Special Judge, Khulna in Special Case No. 16 of 2003 is affirmed. Send down the lower Court records. Borhanuddin J. - I agree. Ed. This Case is also Reported in: ..

Category: Criminal Law | Date: | Hits: 101

State Vs. Sk. Arif Newaz and others, 2011, 40 CLC (HCD)

....ments from his office. 15. P.W.9 Jagadish Mondal, a village defense police stated that during investigation, one plain dressed officer showed him two master rolls and asked him whether he knew 5/6 persons named in the said rolls. He replied that those people were no more residing in the area. The......ost of the prosecution witnesses did not support the prosecution case. In doing so the learned Judge failed to consider that conviction can be well founded even on a single witness, if he is found disinterested and his evidence is fully reliable, not shaken, self contained and complete. The learned ......unal Case No. 13 of 2003 is affirmed. Send down the lower Court records. Borhanuddin J. - I agree. Ed. This Case is also Reported in:   ......ivisional Special Judge, Khulna in Special Tribunal Case No. 13 of 2003 is affirmed. Send down the lower Court records. Borhanuddin J. - I agree. Ed. This Case is also Reported in:   ..

Category: Criminal Law | Date: | Hits: 86

Dr. Kazi Mozammel Hoque Vs. State, 1992, 21 CLC (HCD)

....years 1 month 15 days and accordingly a certificate issued by the Headmaster, Sonagazi Primary School and another certificate issued by the Chairman of the local Union Parishad were produced. Accused persons also challenged the medical certificate issued by the Board of Doctors wherein the age of th......s concerned in the case. In the result, the rule is discharged. Let this order be communicated to the trial Court for information. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 197. ......rule is discharged. Let this order be communicated to the trial Court for information. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 197. ......s concerned in the case. In the result, the rule is discharged. Let this order be communicated to the trial Court for information. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 197. ..

Category: Criminal Law | Date: | Hits: 80

Abu Hossain and others Vs. Registrar of Trade Union and others, 1992, 21 CLC (HCD)

....mended law by incorporating section 25A of the Rural Electrification Board Ordinance omitted Rural Electrification Board from the definition of shop and factory or commercial establishment under IRO, persons, employees of the Board cannot be treated as workers and therefore the registration was refu......lict with the equality clause of the Constitution, we find no substance in this application. In the result the rule is discharged. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 192. ......ind no substance in this application. In the result the rule is discharged. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 192. ......lict with the equality clause of the Constitution, we find no substance in this application. In the result the rule is discharged. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 192. ..

Category: Labour and Industrial Law | Date: | Hits: 204

Firoz Ali and others Vs. State, 2010, 39 CLC (AD)

....r dealt a spear blow on the back of Abdul Bari, and Abdul Hashem dealt a spear below on his right thigh, and on hearing the hue and cry the informant came there to rescue the victim, when the accused persons left the place. Over the said incident, the informant lodged an FIR with the local police st......­eration. Leave is, therefore, granted on the addi­tional grounds. Preparation of the paper book is dis­pensed with as prayed for. Ed. This Case is also Reported in: VIII ADC (2011) 264....... the addi­tional grounds. Preparation of the paper book is dis­pensed with as prayed for. Ed. This Case is also Reported in: VIII ADC (2011) 264.......­eration. Leave is, therefore, granted on the addi­tional grounds. Preparation of the paper book is dis­pensed with as prayed for. Ed. This Case is also Reported in: VIII ADC (2011) 264...

Category: Criminal Law | Date: | Hits: 71

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

....arge under section 302/34 of the Penal Code and were sentenced to suffer imprisonment for life. 2. The facts, in short, are that on 20.04.1988 at about 8:45 A.M. the inform­ant along with 3 other persons was coming to their shop at Bheramara Bazar by bi­cycle. At that time deceased Fazlul Hoque......se has been made out for review. In such view of the matter we find no substance in this review petition which is accordingly dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 261.......iew of the matter we find no substance in this review petition which is accordingly dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 261.......se has been made out for review. In such view of the matter we find no substance in this review petition which is accordingly dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 261...

Category: Criminal Law | Date: | Hits: 48

Shahidul @ Buidda and others Vs. Mrs. Anwara Begum and others, 2010, 39 CLC (AD)

....on 11th October. 2001 with the Nakla Police Station, Sherpur stating about the homicidal death of her husband Mofazzal Hossain alias Rangu and Abul Kalam and also about causing injuries to some other persons against the petitioners and others. She alleged in the FIR that the occurrence took place on......ived at a correct decision. There, is therefore, no cogent reason to interfere with the same. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 250. ......re, no cogent reason to interfere with the same. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 250. ......ived at a correct decision. There, is therefore, no cogent reason to interfere with the same. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 250. ..

Category: Criminal Law | Date: | Hits: 81

Abdul Jalil Vs. Bangladesh Steel & Engineer­ing Corporation, 1989, 18 CLC (HCD)

....e notice before the dismissal and that the plaintiff was deprived of natural justice. So far as the principle of second show cause notice is concerned, this was constitutional protection available to persons holding any civil post under the Republic and not to any employee of any statutory authority......ise of its Revisional Jurisdiction is called for in the present case. In the result, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 474....... discharged without any order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 474.......ise of its Revisional Jurisdiction is called for in the present case. In the result, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 474...

Category: Employment/Service Law | Date: | Hits: 108

Rupali Bank Vs. Haji Ahmed Sabur & another, 1990, 19 CLC (HCD)

.... expunged from the record and it is accordingly expunged from the record. Moreover the defendant No. 1 withheld the guarantee form executed by plaintiffs son Abdul Halim. It is not understood how two persons could stand separately as guarantor for the same liability unless, of course, they became jo......from the date of filing the suit on 2.2.84 till realization with cost and the cross‑objection of the plaintiff‑respondent is dismissed. Ed. This Case is also Reported in: 43 DLR (1991) 464. ...... the plaintiff‑respondent is dismissed. Ed. This Case is also Reported in: 43 DLR (1991) 464. ......from the date of filing the suit on 2.2.84 till realization with cost and the cross‑objection of the plaintiff‑respondent is dismissed. Ed. This Case is also Reported in: 43 DLR (1991) 464. ..

Category: Civil Law | Date: | Hits: 83

Anwar Hossain Monju Vs. State, 1991, 20 CLC (HCD)

....in which four National Political Leaders were brutally killed. It has been further suited in that paragraph that the Hon'ble Prime Minister also made statement in National Assembly on 24.4.91 that 17 persons have been killed and 117 persons have been injured during recent revolts in the prisons in t......r after taking into consideration of all available materials. In view of the above, I agree with the decision that the rule be discharged. Ed. This Case is also Reported in: 43 DLR (1991) 447.......able materials. In view of the above, I agree with the decision that the rule be discharged. Ed. This Case is also Reported in: 43 DLR (1991) 447.......r after taking into consideration of all available materials. In view of the above, I agree with the decision that the rule be discharged. Ed. This Case is also Reported in: 43 DLR (1991) 447...

Category: Criminal Law | Date: | Hits: 98

Abdul Latif (Md.) and Others Vs. Government of Bangladesh, 1989, 18 CLC (HCD)

....ive Tribunal constituted under the Administrative Tribunal Act, 1980 has exclusive Jurisdiction to hear and determine the application made by them in respect of any am on taken in relation to them as persons in the services of the Republic. 8. Mr. Delwar Hossain further submits that in view of th......opriate on our part to pre‑empt the decision in any manner. The Rules Nisi are, therefore, discharged but without any order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 446.......manner. The Rules Nisi are, therefore, discharged but without any order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 446.......opriate on our part to pre‑empt the decision in any manner. The Rules Nisi are, therefore, discharged but without any order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 446...

Category: Administrative Law | Date: | Hits: 187

Tariq Habibullah Vs. State, 1990, 19 CLC (HCD)

....ased to find the accused‑appellant guilty under section 302 of the Penal Code and convicted him as such and sentenced him thereunder to rigorous imprisonment for life and the other 2(two) accused‑persons were acquitted of the charge levelled against them. 4. The further case of defence was th......inst him. It is hereby directed that the accused appellant be set at liberty forthwith, if not wanted in connection with any other case. Ed. This Case is also Reported in: 43 DLR (1991) 440. ......cused appellant be set at liberty forthwith, if not wanted in connection with any other case. Ed. This Case is also Reported in: 43 DLR (1991) 440. ......inst him. It is hereby directed that the accused appellant be set at liberty forthwith, if not wanted in connection with any other case. Ed. This Case is also Reported in: 43 DLR (1991) 440. ..

Category: Criminal Law | Date: | Hits: 116

Progati Industries Ltd. Vs. Shahida Khatun and others, 1991, 20 CLC (HCD)

.... did not lodge any complaint against such dispossession. He did not know the holding number of contiguous boundary plots. PW 2 who claimed to be a polish mistry stated that in March 1972 some unknown persons putting on khaki dress dispossessed them from the suit land. In cross‑examination he state......dant No. 1 had been in possession. In cross examination he also could not be shaken and denied the suggestion that defendant No. 1 forcibly took possession of the suit land in March, 1972. PW 1 is an interested witness so also the, other PWs who have no knowledge of the suit property. No trustworthy......gati Industries Ltd...........................Appellant Vs. Shahida Khatun and others……...............Respondents. Judgment January 16, 1991. Cases Referred to- Abdul Gani Vs. Dina Bandhu, 14 DLR 663; Mst. Ghulam Sakhina Vs. Omar Bakh and another, 16 DLR SC 389 41. Lawyers ......st Court of Subordinate Judge, Dhaka is dismissed. Let a copy of this judgment be forwarded to the Secretary, Ministry of Law and Justice. Ed. This Case is also Reported in: 43 DLR (1991) 429...

Category: Property Law | Date: | Hits: 69

Bangladesh Shangbadpatra Parishad Vs. The Government of the People's Republic of Bangladesh, 1991, 20 CLC (HCD)

....ution as it is not a "person aggrieved" for the purpose of Article 102 of the Constitution. 17. In this view of the matter, we hold that the petitioner, Bangladesh Sangbadpatra Parishad, is not a "persons aggrieved" and it has no locus standi to maintain the instant application. In the above circ...... Certificate as prayed for by the learned Advocate appearing for the petitioner, under Article 103(2)(a) of the Constitution, is refused. Ed. This Case is also Reported in: 43 DLR (1991) 424. ......(2)(a) of the Constitution, is refused. Ed. This Case is also Reported in: 43 DLR (1991) 424. ...... Certificate as prayed for by the learned Advocate appearing for the petitioner, under Article 103(2)(a) of the Constitution, is refused. Ed. This Case is also Reported in: 43 DLR (1991) 424. ..

Category: Constitutional Law | Date: | Hits: 246

Jamir Sheikh(Md.) Vs. Fakir Md. A Wahab & another, 1990, 19 CLC (HCD)

....ccused No. 1 is a hypocrite and claimed himself as 'Imam Mehedi' and accused No. 2 and 3 are his associates and followers. On the night of occurrence, the accused no. 1 with the help of other accused persons sitting in his dwelling house, With a deliberate intention announced by mike distorting Kale......, shall continue in accordance with law. Let the records be sent down at once and a copy of this order be communicated to the trial Court. Ed. This Case is also Reported in: 43 DLR (1991) 417.......t the records be sent down at once and a copy of this order be communicated to the trial Court. Ed. This Case is also Reported in: 43 DLR (1991) 417......., shall continue in accordance with law. Let the records be sent down at once and a copy of this order be communicated to the trial Court. Ed. This Case is also Reported in: 43 DLR (1991) 417...

Category: Criminal Law | Date: | Hits: 70