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Rafiqul Alam (Md.) Vs. Md. Abdul Awal & others, 2010, 39 CLC (HCD)
....ble to him. He further submitted that under master and servant rule, the servant serves under the master at his pleasure and the master has every authority to dismiss and terminate the servant at any time without showing any cause. Mr. Khadem has next submitted that the suit is not maintainable unde......2-1997 passed by the Subordinate Judge, Rangpur in Order Appeal No.140 of 1995 in hereby affirmed. Send down the LCR accordingly. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 168. ..Category: Civil Law | Date: | Hits: 144
Aysha Begum and others Vs. Mozibur Rahman, 2010, 39 CLC (HCD)
....amiruddin Vs. Moksed Ali, 49 DLR (AD) 14, cited by Mr. MohammadAli receiver was appointed by the High Court Division basically on the ground that earlier the suit land was under a receiver for a long time. On appeal the Appellate Division held: "The applicant for appointment of receiver of any pr......their appearance in the suit but did not file written statement. At this stage the plaintiff filed an application under Order XL rule 1 of the Code of Civil Procedure, shortly, "the Code" praying for appointment of receiver in respect of all the landed and other properties described in schedule Ka, ..Category: Civil Law | Date: | Hits: 126
Junnur Rahman (Md.) Vs. Bangladesh Shilpa Rin Sangstha (BSRS) and others, 1997, 26 CLC (HCD)
....who are junior to him to the post of Assistant General Manager excluding him though he had excellent performance for the last 8 years as per the ACR and he was recommended for promotion at least four times in the ACR by his superior officers. His further grievance is that he successfully completed s......t that could also be considered by the Administrative Tribunal. In the result, the Rule is discharged without any order as to cost. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 39. ..Category: Employment/Service Law | Date: | Hits: 194
Gazi Jashimuddin Vs. Bangladesh & others, 1997, 26 CLC (HCD)
....t is definitely entitled to be satisfied about a candidate possessing a clean record, his loyalty to the country, personal integrity and discipline and may make necessary verification but at the same time should always be careful not to violate one’s fundamental right. We have already observed tha......names of the candidates who were provisionally selected is annexed and marked as Annexure-A. 3. On 7th October, 1995 a circular was published by the respondent No.2, Ministry of Establishment, for appointment of the newly selected candidates in the police cadre which did not include the petitione..Category: Employment/Service Law | Date: | Hits: 194
State Vs. Tutul & Fazlur Rahman @ Badal and others, 2011, 40 CLC (HCD)
....n 2.6.1998 the informant was informed by his nephew Mominul Islam Mamun that some boys of Uttar Kazla kidnapped Rony from the Kazla road but it is apparent from the averment of the F.I.R. that at the time of lodging the F.I.R. at about 11-45 P.M. on that date the informant having heard of the occurr......fan be discharged from his bail bond. Send down the Lower Court Records, along with a copy of this, judgment and order, at once. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 516. ..Category: Criminal Law | Date: | Hits: 98
Ali Hossain and others Vs. State & others, 1984, 13 CLC (HCD)
....possession of accused petitioner Ali Hossain. After the informant lodged the F.I.R. G.R. Case No.763 of 1979 was started. The Police submitted charge sheet against the accused persons. 3. At the time of trial all the accused persons stood charged under section 379 of the Penal Code. Accused Ali......o be Additional Sessions Judge, Patiya, Chittagong in Criminal Motion No.973 of 1982 is set aside. Syed Mohammed Ali J.—I agree. Ed. This Case is also Reported in:36 DLR (HCD) (1984) 111. ..Category: Procedural Law | Date: | Hits: 130
Nazir Ahmed & Others Vs. Yonus Meah & Others, 1984, 13 CLC (HCD)
.... revisional powers. In Biswas's Encyclopaedic Law Dictionary, the word "deemed" has been given the following legal meaning:-"Deem." The word "deemed" is used a great deal in modern legislation. Sometimes, it is used to impose for the purposes of a statute an artificial construction of a word or ph......s the receiver continued in possession. The learned Magistrate ought to have considered whether there would be an apprehension of breach of peace in case the order of attachment of the property and appointment of receiver is recalled. Section 146, sub-section (1) of the Cr.P. C. reads as follow:- ..Category: Procedural Law | Date: | Hits: 116
.... took up a scheme for rehabilitation and assistance of the freedom fighters who were injured in the war of liberation by payment of state honorarium. The petitioners applied to the Trust at different times in between 1997-1998 for enlistment as disable freedom fighters. The authority after proper sc......n future to the respondent-Trust, it will dispose of the same in accordance with law within shortest possible time.
Mohammad Bazlur Rahman J.- I agree.
Ed.
This Case is also Reported in:
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Category: Constitutional Law | Date: | Hits: 237
State Vs. Nazma Sarker @ Beauty and others, 2011, 40 CLC (HCD)
...., so far as it relates to the condemned prisoners Rokeya, Shahidul and Kamal, is not sustainable in law. Mr. Sircar, lastly, entreats that the condemned prisoner Rokeya was aged about 18 years at the time of the alleged occurrence and the condemned prisoners Rokeya, Shahidul and Kamal have been in t......ds, along with a copy of this judgment and order, be sent to the concerned Court below for information and necessary action at once. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 483. ..Category: Criminal Law | Date: | Hits: 99
Dulal Miah @ Dulal @ Nurun Nabi Vs. Ruhul Amin and others, 1998, 27 CLC (HCD)
....victim) wife P.W.3 Fatema Khatun, and sister Jyostna came there and then accused Delu assaulted his mother with kata, accused Darog Ali, Anwarulla and Shafiullah also assaulted his mother. In the meantime many persons came there. Then the accused took shelter in the house of Mojibul Hoque. They were......he medical certificate and X‑ray report only and on the basis of other evidence already on record. Send down the LC record at once. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 618. ..Category: Criminal Law | Date: | Hits: 76
Moslem Ahmed Sarker (Md.) alias Muslim Ahmed Vs. Abdul Khaleque and others, 1998, 27 CLC (HCD)
....ment cost or on the point of estoppel, waiver and acquiescence and hardly any evidence was led to substantiate the same, there is no scope for the petitioner to agitate these new points for the first time before this Court exercising revisional power. 8. I have gone through the impugned judgments......ocedure. In the result, the Rule fails and it is discharged without my order as to costs. Let the LC records be sent down at once. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 616. ..Category: Property Law | Date: | Hits: 91
AKM Abu Sayed Chowdhury Vs. AKM Abdul Wahed Chowdhury and others, 2011, 40 CLC (HCD)
....he plaint to his grandsons and son's wife at a consideration of Taka 2500 and accordingly executed a sale deed on 8-5-1971 and delivered the said land to the plaintiffs on 15-8-1996 and that at the time of taking accounts of lands in between the plaintiff No.1 and defendant No.1, it was disclose......al power. In the result the revision fails and the Rule is discharged without any Order as to cost. Sent down the LCR at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 298. ..Category: Procedural Law | Date: | Hits: 110
Mrs. Nadira Rahman Vs. Sayed Amir Hossain, 1983, 12 CLC (HCD)
.... provides a limitation of three years for an application, but even that Article will not stand in the way of the exercise of revisional power for these powers can be exercised suo motu. At the same time it should be remembered that the respondents had themselves approached the High Court in the ex...... learned brother in his Judgment. But it should be pointed out that both the Administrator of Wakfs and the learned District Judge appeared to be unduly concerned about the factum of the petitioner's appointment as a Mutwalli which, in our opinion, was no issue at all so far as the question of her r..Category: Trust/Waqf Law | Date: | Hits: 134
....ed from the market and cost, of transport and traveling expenses. He further stated before police on inquiry that he was satisfied that there is no medicine in stock at the Veterinary Hospital at the time. The complainant also filed a petition to the investigation officer to that effect, yet the ins...... the charge as leveled against him.
The accused is to be discharged from his bail bond immediately. Communicate this order at once.
Ed.
This Case is also Reported in:48 DLR (HCD) (1996) 417.
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Category: Criminal Law | Date: | Hits: 84
Rezaul Karim Vs. Rashida Begum and another, 1995, 24 CLC (HCD)
....3 of the Family Courts ordinance runs as follows: "Ordinance to override other Laws.- The provisions of this Ordinance shall have effect notwithstanding anything contained in any other law for the time being in force". 7. According to Mr. Syed Ziaul Karim, the effect of section 3 is that it ov......87 pending in the Court of Thana Magistrate Keshabpur, District Jessore, passed at the time of issuance of the Rule is hereby vacated. Ed. This Case is also Reported in:48 DLR (HCD) (1996) 416. ..Category: Family Law | Date: | Hits: 133
Siddique (Md.) Vs. Yeakuti Begum and others, 1997, 26 CLC (HCD)
.... on 7‑6‑1990 without any further intimation to the defendants. The defendant appellant received the notice from the Advocate Commissioner on 21‑9‑1991 wherefrom he came to learn for the first time that the suit had been decreed ex parte on 7‑6‑90. The appellant thereafter filed an applic...... There will be no order as to costs. Let a copy of this order be sent to the learned Subordinate Judge, 2nd Court, Dhaka forthwith. Ed. This case is also Reported in:49 DLR (HCD) (1997) 402. ..Category: Procedural Law | Date: | Hits: 88
Wahidullah Majumder Vs. Government of Bangladesh and others, 1997, 26 CLC (HCD)
....edule to the VAT Act, 1991 (Act No. 22 of 1991). The petitioner protested directly and also through the C&F Agent. The Collector of Customs, Chittagong, however, continues collecting VAT for some time on the basis of a notification published in a local daily 'Dainik Azadi' Chittagong on 4‑7‑......d by way of VAT on the imported raw rubber to the petitioner. In the result the Rule is made absolute without any order as to cost. Ed. This case is also Reported in:49 DLR (HCD) (1997) 400. ..Category: Administrative Law | Date: | Hits: 192
Bazlur Rahman Sikder Vs. Tahera Begum Shamima, 1998, 27 CLC (HCD)
....b‑Divisional Officer at Bogra, and when she was living as wife of the petitioner, she came to know that he had his first wife alive with four children, which had been kept concealed from her at the time of the marriage. She lived with the petitioner as his wife for 17 years and they have two sons ......f maintenance excessive or in any way contrary to law. We, therefore, find no merit in this application, which is summarily rejected. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 612. ..Category: Family Law | Date: | Hits: 136
Signage Vs. Commissioner of Customs and others, 2010, 39 CLC (HCD)
.... The petitioner submitted its VAT return in the month of September, 2003 to December, 2004 by filling up the VAT identification number box as আবেদিত (Applied). 6. During this period of time respondent No.6 did not object to such submission of VAT return by the petitioner. 7. It is ...... no legal effect. And the rule issued in relation to the allocation of fixation of a separate service code is hereby discharged. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 137. ..Category: Fiscal/Taxation Law | Date: | Hits: 168
Masum and others Vs. State, 2009, 38 CLC (HCD)
....1. However, during his cross examination, he has asserted that the place of occurrence were near to Jame Ulom Madrasha which was next to building No.18 and that there were other people present at the time of occurrence. He, during his cross examination, admitted that he did not know the addresses of......liberty at once if not wanted in connection with any other case. Send down the Lower Court Records. Communicate the order at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 133. ..Category: Criminal Law | Date: | Hits: 75
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