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Deputy General Manager, Rupali Bank Ltd. Vs. Shah Jalal and others, 1990, 19 CLC (HCD)

....strative Tribunal Act, 1980 provides for establishment of one or more Administrative Tribunals to exercise jurisdiction in respect of matters relating to or arising out of the terms and conditions of persons in the service of the Republic or of any statutory public authority. Section 2(a) of the Act......decision by the Trial Court on very independent issues without making any piecemeal of them." The Rule is, accordingly, discharged without Ed. This Case is also Reported in: 43 DLR (1991) 193.......ager, Rupali Bank Ltd............Petitioner Vs. Shah Jalal and others.......................................Opposite‑Parties. Judgment May 15, 1990 Case Referred to- Md. Shahabuddin Vs. Janata Bank & others, 41 DLR 94. Lawyers Involved: Hemayetuddin Ahmed with Md. Shah......decision by the Trial Court on very independent issues without making any piecemeal of them." The Rule is, accordingly, discharged without Ed. This Case is also Reported in: 43 DLR (1991) 193...

Category: Employment/Service Law | Date: | Hits: 64

Habibullah Chowdhury (Md.) Vs. Rajdhani Unnayan Kartipakhho and another, 1990, 19 CLC (HCD)

....titioner's tin shed as the same was constructed without any sanction in violation of the provision of section 3 of the Act. Under sub‑section (5) of section 3B an opportunity has been given to such persons constructing a building without sanction to obtain sanction on payment 4 ten times of the pr...... to costs and the order of stay passed by this Court is vacated. Let a copy of the judgment be served on the respondents for future guidance. Ed. This Case is also Reported in: 43 DLR (1991) 187.......s vacated. Let a copy of the judgment be served on the respondents for future guidance. Ed. This Case is also Reported in: 43 DLR (1991) 187....... to costs and the order of stay passed by this Court is vacated. Let a copy of the judgment be served on the respondents for future guidance. Ed. This Case is also Reported in: 43 DLR (1991) 187...

Category: Property Law | Date: | Hits: 77

Sigma Huda Vs. Ishfaque Samad and others, 1993, 22 CLC (HCD)

....No.1 herein) and the said letter contains much imputations concerning the complainant opposite party and that the said acts, words, statements and representations made and communicated by the accused persons have defamed and harmed the complainant and damaged his reputation. A photo copy of the peti......incerely, honestly and with due care and caution. Let a copy of this judgment and order be transmitted to the Court below at once. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 129. ......n. Let a copy of this judgment and order be transmitted to the Court below at once. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 129. ......ollowing effect: "I would like to see you concerning a difference in signature on the admission form and on the progress report. Also I would like to know from your lawyer, who is responsible for the education of the boy, in that the father of the boy says that he is the legal guardian and is to be ..

Category: Family Law | Date: | Hits: 191

Ismail Mohammad Vs. Motasim Ali Chowdhury, 1993, 22 CLC (HCD)

....old the suit plot along with other lands to Haji Marart Ali Bepari by a registered kabala dated 13.3.43 and thereafter Haji Maran Ali Bepari sold away his purchased land, piece by piece, to different persons and the plaintiff opposite party purchased the suit plot measuring an area of 0.0932 acres o......record. The learned Advocate may move an application before the trial Court, if so advised. Accordingly the application is disposed of. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 123.......mmad...........................Petitioner Vs. Motasim Ali Chowdhury...................... ....Opposite Party Judgment January 13, 1993. Cases Referred To- Alokeshi Banik Vs. Aftabuddin, PLD 1963 Dhaka 87; M/s. Bangladesh Rubber Industries Vs. Lutfunnessa, 1983 BLD (AD) 220; Shamsul......record. The learned Advocate may move an application before the trial Court, if so advised. Accordingly the application is disposed of. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 123...

Category: Property Law | Date: | Hits: 79

Mahbubur Rahman Khan @ Tipu Vs. State, 1993, 22 CLC (HCD)

....d reached Dainik Bangla crossing he found people running helter skelter and he moved towards the east with the vehicle and found a man was apprehended with a revolver who was being manhandled by some persons near Arambag club. He then took that person with a revolver and ammunition under his control......arious other avocations. To such busy persons time is valuable. They cannot have the luxury of going to Court on receipt of summons only to come back without being able to depose in the case. Thus disinterested witnesses are losing interest to appear before the Court to avoid harassment of going to ......s dismissed. Let the LC Record of the case be sent down to the Court below at once. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 117. ......pugned judgment. In the result, the appeal is dismissed. Let the LC Record of the case be sent down to the Court below at once. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 117. ..

Category: Criminal Law | Date: | Hits: 75

State Vs. Md. Monirul Islam alias Nirab and others, 2011, 40 CLC (AD)

....il in the case of Lala Jairam Das Vs. King Emperor 72 IA 121 (19944-45) held in this respect: "The scheme of Chapter XXXIX is that sections 496 and 497, provide for the granting of bail to accused persons before trial, and the order sections of the Chapter deal with matters ancillary or subsidiar......rate forthwith. With this direction, the petition is disposed of. Ed. This Case is also Reported in: 16 BLC (AD) (2011) 53, 19 BLT (AD) (2011) 144, 8 LG (AD) (2011) 168, VIII ADC (2011) 620. ......tion is disposed of. Ed. This Case is also Reported in: 16 BLC (AD) (2011) 53, 19 BLT (AD) (2011) 144, 8 LG (AD) (2011) 168, VIII ADC (2011) 620. ......rate forthwith. With this direction, the petition is disposed of. Ed. This Case is also Reported in: 16 BLC (AD) (2011) 53, 19 BLT (AD) (2011) 144, 8 LG (AD) (2011) 168, VIII ADC (2011) 620. ..

Category: Criminal Law | Date: | Hits: 89

Kadu and others Vs. State, 1990, 19 CLC (HCD)

....ellant Kadu who struck the deceased with a katra in his left chest. 8. It has not been disputed that Asak Ali was murdered on 26th Chaitra, 1381 BS but according to defence plea he was murdered by persons other, than the appellants elsewhere in the darkness of night. Let us now examine the eviden......de. They be set at liberty forthwith if they are not wanted in any other connection. Let the lower Court's records be sent down at once. Ed. This Case is also Reported in: 43 DLR (1991) 163. ......e not wanted in any other connection. Let the lower Court's records be sent down at once. Ed. This Case is also Reported in: 43 DLR (1991) 163. ......de. They be set at liberty forthwith if they are not wanted in any other connection. Let the lower Court's records be sent down at once. Ed. This Case is also Reported in: 43 DLR (1991) 163. ..

Category: Criminal Law | Date: | Hits: 74

Rana Awan (Mrs.) Vs. Bangladesh, 1990, 19 CLC (HCD)

....Dhaka, and bearing Touzi No. 9859 described in detail in the schedule to the application. 3. It is alleged by the petitioner that the land on which this building stands originally belonged to some persons named Dengu Purification, Dominic Purification, Alfred Purification, Bengu Purification and ......ed authority on 14.11.83 as contained in Annexure‑H to the writ petition within 30 days from date. There will be no order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 139. ......o the writ petition within 30 days from date. There will be no order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 139. ......ed authority on 14.11.83 as contained in Annexure‑H to the writ petition within 30 days from date. There will be no order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 139. ..

Category: Property Law | Date: | Hits: 78

Shah Sekandar Molla Vs. New Sagurnal Tea Co. and Others, 2010, 39 CLC (AD)

....ose and in the similar manner the plaintiff had claimed to have spent Tk. 82, 84,952/-. It has been alleged that on 8.6.04 at about 11.00 hours the defendant Nos.2-4-respondent Nos.2-4 and some other persons called on the plaintiff-petitioner at their office situated at Dhaka directing him not to de......do not find any merit in the leave petition. In the result, the leave petition is dismissed. Ed. This Case is also Reported in: 31 BLD (AD) (2011) 65, 8 LG (AD) (2011) 103, 16 BLC (2011) 96. ...... This Case is also Reported in: 31 BLD (AD) (2011) 65, 8 LG (AD) (2011) 103, 16 BLC (2011) 96. ......do not find any merit in the leave petition. In the result, the leave petition is dismissed. Ed. This Case is also Reported in: 31 BLD (AD) (2011) 65, 8 LG (AD) (2011) 103, 16 BLC (2011) 96. ..

Category: Civil Law | Date: | Hits: 113

Sohel @ Sanaullah @ Sohel Sanaullah Vs. State, 2011, 40 CLC (AD)

....nt to the Court of Additional Sessions Judge, 7th Court, Dhaka for trial. This Court held trial after framing formal charge under sections 302/201/34 of the Penal Code against all the 4(four) accused persons. The charge was read over and explained to the accused present in the dock, namely, Sohel an......ed judgment and order of the High Court Division. In the result, the appeal be dismissed. Ed. This Case is also Reported in: 63 DLR (AD) (2011) 105, VIII ADC (2011) 705, 9 LG (AD) (2012) 36. ......d order of the High Court Division. In the result, the appeal be dismissed. Ed. This Case is also Reported in: 63 DLR (AD) (2011) 105, VIII ADC (2011) 705, 9 LG (AD) (2012) 36. ......ed judgment and order of the High Court Division. In the result, the appeal be dismissed. Ed. This Case is also Reported in: 63 DLR (AD) (2011) 105, VIII ADC (2011) 705, 9 LG (AD) (2012) 36. ..

Category: Criminal Law | Date: | Hits: 84

State Vs. Keramat Ali & another, 2010, 39 CLC (AD)

....uslim Uddin for such cutting of their ail. The said occurrence was informed to the village elites includ­ing the informant who assured him that they would settle the matter between them. The accused persons including the accused-respondents became furious for the act of the informant. Consequently ......rder as to cost. The judgment of the High Court Division is set aside. Ed. This Case is also Reported in: 63 DLR (AD) (2011) 102; 16 MLR (AD) (2011) 268; 8 LG (AD) (2011) 138; 9 ADC (2012) 536.......rt Division is set aside. Ed. This Case is also Reported in: 63 DLR (AD) (2011) 102; 16 MLR (AD) (2011) 268; 8 LG (AD) (2011) 138; 9 ADC (2012) 536.......rder as to cost. The judgment of the High Court Division is set aside. Ed. This Case is also Reported in: 63 DLR (AD) (2011) 102; 16 MLR (AD) (2011) 268; 8 LG (AD) (2011) 138; 9 ADC (2012) 536...

Category: Criminal Law | Date: | Hits: 90

Abdul Hannan Khan (Md.) Vs. Secretary, Ministry of Home Affairs, Government of Bangladesh and others, 1990, 19 CLC (HCD)

....d Appeal) Rules, 198S Provides as follows: "The authority may, in any case it deems fit, instead of appointing an Inquiry Officer under these rules, appoint a Board of Inquiry, consisting of three persons, and, where the Board of Inquiry is appointed references in this Rule to an Inquiry Officer ......he case does not involve at this stage any substantial question of law as to the interpretation of the Constitution. The prayer is rejected. Ed. This Case is also Reported in: 43 DLR (1991) 131. ......question of law as to the interpretation of the Constitution. The prayer is rejected. Ed. This Case is also Reported in: 43 DLR (1991) 131. ......he case does not involve at this stage any substantial question of law as to the interpretation of the Constitution. The prayer is rejected. Ed. This Case is also Reported in: 43 DLR (1991) 131. ..

Category: Employment/Service Law | Date: | Hits: 79

Kazi Motiur Rahman and others Vs. Din Islam, 1990, 19 CLC (HCD)

....with other materials of the hut and untensil causing loss of Tk. 6000/‑ in spite of the protest of the witnesses in his absence when he was in Dhaka to see his ailing son with his wife. The accused persons committed the offence taking advantage of their absence from their house. Upon the petition ......ected to pay the fine within 6 months from arrival of the records to the Lower Court. Send down the records of the Courts below at once. Ed. This Case is also Reported in: 43 DLR (1991) 128. ......val of the records to the Lower Court. Send down the records of the Courts below at once. Ed. This Case is also Reported in: 43 DLR (1991) 128. ......ected to pay the fine within 6 months from arrival of the records to the Lower Court. Send down the records of the Courts below at once. Ed. This Case is also Reported in: 43 DLR (1991) 128. ..

Category: Criminal Law | Date: | Hits: 73

Durgarani Sarkar Vs. United Bank of India Ltd. and others, 1989, 18 CLC (HCD)

....umar became the Headmaster of the school and started residing at the Headmaster's residence mentioned above. Subsequently the school was aided by the local municipality and the Government. Some local persons had expressed their desire to purchase som6 other land from the bank, but the bank authority......tion. Their further case is that the bank acquired title in the disputed land on the basis of mortgage given by Sarada Paul. Subsequently Sarada Paul with the help of other gentlemen of the locality, interested in education, started a Primary School on 0.05 acre of land to the eastern side of the di......d others..........Opposite Parties. Judgment June 28, 1989. Cases Referred to- HN Fabrics Ltd. Vs. Mallick Textile Industries and others, 37 DLR (AD) 126. Lawyers Involved: Ruhul Amin, Advocate ‑ For the Petitioner. Syed Mahmud Hossain, Advocate ‑ For the Opposite Party No.......rther case is that the bank acquired title in the disputed land on the basis of mortgage given by Sarada Paul. Subsequently Sarada Paul with the help of other gentlemen of the locality, interested in education, started a Primary School on 0.05 acre of land to the eastern side of the disputed plot. O..

Category: Property Law | Date: | Hits: 70

Fariduddin Mahmud Vs. Md. Saidur Rahman and others, 2010, 39 CLC (AD)

.... any stage of the proceedings. The judgment-debtor did not avail any of the privileges provided in the Ain, 2003. A privilege is a special right reserved to an individual person or a limited class of persons, bodies or institutions. But this privilege is lost once they infringe it or abandon it volu......dgment of the Adalat is appealable. This Division was of the view that appli­cations under Order XXI, rule 90 of the Code of Civil Procedure are maintainable and that the High Court Division rightly interested with the auction sale. 14. Even if there is alternative remedy interfer­ence by the H......AD) (2011) 78, 8 LG (AD) (2011) 145, 16 MLR (AD)(2011) 205. ......to cost. The judgment of the High Court Division is set aside. Ed. This Case is also Reported in: 63 DLR (AD) (2011) 93, 31 BLD (AD) (2011) 78, 8 LG (AD) (2011) 145, 16 MLR (AD)(2011) 205. ..

Category: Civil Law | Date: | Hits: 113

Bakth Bibi Vs. Bangladesh, 1992, 21 CLC (HCD)

....property which is in the possession or under the control of the Government under of any law for the time being in force. Explanation.- "Person who is not present in Bangladesh" includes anybody of persons or company constituted or incorporated in & territory or under the laws of a State which......ernment are without authority and of no legal effect. I, therefore, agree with the order proposed to be passed by my learned brother. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 105. ......, therefore, agree with the order proposed to be passed by my learned brother. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 105. ......ernment are without authority and of no legal effect. I, therefore, agree with the order proposed to be passed by my learned brother. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 105. ..

Category: Property Law | Date: | Hits: 73

Shafiq Ahmed Vs. Chairman, Bangladesh Che­mical Industries Corpora­tion and others, 1992, 21 CLC (HCD)

....decision with vice. As already noticed, the past performance of petitioner contractor, and the reports made by competent authorities were considered and a decision taken by an elected body of sixteen persons, after deliberation. The decision is not unreasonable.” 24. The Kerala High Court furth......ition, leaving nothing for us to interfere in mandamus. We find no substances in this application which is thus summarily rejected. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 95. ...... We find no substances in this application which is thus summarily rejected. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 95. ......ition, leaving nothing for us to interfere in mandamus. We find no substances in this application which is thus summarily rejected. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 95. ..

Category: Others | Date: | Hits: 128

Hashem (Md.) Vs. Bangladesh and others, 1990, 19 CLC (HCD)

....d to leave the suit property for the time being, for his personal safety just after the liberation of Bangladesh being a non‑local and took shelter at 70, Water Works Road, Dhaka. Thereafter some persons took illegal possession of the property and later on it was listed as an abandoned property ......s not an abandoned property. In the facts and circumstances of the case, we direct both parties to bear their respective costs although. Ed. This Case is also Reported in: 43 DLR (1991) 109. ......ive costs although. Ed. This Case is also Reported in: 43 DLR (1991) 109. ......s not an abandoned property. In the facts and circumstances of the case, we direct both parties to bear their respective costs although. Ed. This Case is also Reported in: 43 DLR (1991) 109. ..

Category: Property Law | Date: | Hits: 73

Sarwar Kamal and others Vs. State, 1992, 21 CLC (HCD)

....Gafur, Seraj Mia, Kashim Ali and Kala Mia were cultivating their lands in Dag Nos.735, 736 and 776 measuring 2.83 acres of mouza South Hila within Police Station Teknaf at about 9‑00 AM the accused persons namely, 1) Sarwar Kamal 2) Mir Kashem, 3) Darbesh Ali, 4) Nur Ahmed, 5) Seraj Ahmed, 6) Sona......on behalf of the accused by appellant Sarwar Kamal, but unfortunately, the said case failed and the accused persons got acquitted and many of whom are witnesses in the present case and hence they are interested and partisan. He has assailed the finding of the learned Assistant Sessions Judge to the ......t the remaining sentence. Let the records be sent down to the lower court expeditiously. Ed. This Case is also Reported in: 48 DLR (1996) 61. ......ected to surrender to his bail bond and serve out the remaining sentence. Let the records be sent down to the lower court expeditiously. Ed. This Case is also Reported in: 48 DLR (1996) 61. ..

Category: Criminal Law | Date: | Hits: 86

Mohammad Shahabuddin Vs. Government of the People’s Republic of Bangladesh, 2011, 40 CLC (HCD)

.... Let a Copy of this judgment be sent to the concerned authority at once for information and necessary action. Md. Akram Hossain Chowdhury J. - I agree. Ed. This Case is also Reported in: ...... Let a Copy of this judgment be sent to the concerned authority at once for information and necessary action. Md. Akram Hossain Chowdhury J. - I agree. Ed. This Case is also Reported in: ......d authority at once for information and necessary action. Md. Akram Hossain Chowdhury J. - I agree. Ed. This Case is also Reported in: ...... Let a Copy of this judgment be sent to the concerned authority at once for information and necessary action. Md. Akram Hossain Chowdhury J. - I agree. Ed. This Case is also Reported in: ..

Category: Others | Date: | Hits: 133