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....ther urged that the penalty of suspension involved loss in the matter of salary and allowance, and to impose this riding an enquiry was to prejudge the case against a Government servant. On the other hand, the learned Advocate for the Government has contended that as the order or suspension was not ......iversity of Sagar and another, AIR 1960 Madhya Pradesh 208; AIR 1954 (SC) 217; Pakistan Vs. Himayat Ullah Farukhi, PLD 1969 (SC) 407; Abdul Hashim Vs. Chairman, National Board of Revenue, 32 DLR 55; Government of East Pakistan Vs. Md. Hossain Ali, 8 PLR 1958 (Dacca) 820; Omprakash Gupta Vs. The Stat......anuary 3, 1982. Thereafter the petitioner returned to Bangladesh in January, 1982 and worked in Triangle Enterprise at Dhaka as consultant and developed micro‑computer based programme for personnel management and inventory control upto April 2, 1982. The respondent BUET advertised for appointment ..
Category: Employment/Service Law | Date: | Hits: 155
State Vs. Amin Huda, 2011, 40 CLC (AD)
.... করিতে পারিবেন। 15. A reading of section 44 shows that on a written request made by the Director General of the Directorate of Narcotics, the investigating authority may hand over the charge of investigation of a case to an officer specified by him and that officer shal......s, foreign liquors, ice pill tablets and machineries for manufacturing Yaba tablets at House No.41, Road No.123 under Gulshan Police Station, raided the said house on 25-10-2007 at 00:05 hours and recovered 132 bottles of phensydils, 1 Viagra tablet and some foreign currencies. On the basis of the s......fore the Druta Bichar Tribunal within 6(six) weeks from the date of receipt of this judgment. Ed. This Case is also Reported in: 63 DLR (AD) (2011) 152,8 LG (AD) (2011) 164, VIII ADC (2011) 890. ..Category: Criminal Law | Date: | Hits: 112
Government of Bangladesh and others Vs. Excellent Corporation, 2010, 39 CLC (AD)
....e are provisions for making it good to its principal. Therefore, the agent is not acting for or on behalf of the third party or is acting for the benefit of the third party. The agent, on the other hand, is acting for the benefit of his principal and the remuneration or Commission, as the case m......2011) 190. ...... without any order as to cost. The Judgment of the High Court Division is set aside. Ed. This Case is also Reported in: 63 DLR (AD) (2011) 148, 16 MLR (AD) (2011) 433, 8 LG (AD) (2011) 190. ..Category: Business or Commercial Law | Date: | Hits: 267
Mohiuddin Ahmed and others Vs. Lutfur Rahman and another, 1990, 19 CLC (HCD)
....mel Hoque J Mohiuddin Ahmed and others…….………Petitioners. Vs. Lutfur Rahman and another……………Respondents. Judgment May 31, 1990. Cases Referred to- Sirish Chandra Das Vs. Sri Sri Chhatteswari Debi Bigraha, 38 DLR (AD) 283; AR Shaw Vs. The Diamond Rock Bori......riginal position in the company and the respondent. No.1 would be liable for compensation as claimed by the petitioner No.1. In the said agreement respondent No.1 also took the responsibility to take over all the liabilities of the company which were with the Ministry of Industries, Collector of Cus......oners in place of the name of respondent No.1 in respect of the shares which the petitioners had held on 8.3.85 in the above company. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 48. ..Category: Company Law | Date: | Hits: 159
Syed Mokbul Hossain Vs. Government of Bangladesh, 1990, 19 CLC (HCD)
....ter paying the embarkation fee of Tk. 200.00 he entered into the passenger’s enclosure and received the boarding card. Shortly, thereafter in the Immigration Lounge, one Police Officer asked him to hand over his passport to him. On receipt of the passport the said Police Officer over telephone tal......39. ......t should not be lightly interfered with. In the facts and circumstances of the case, there will, however, be no order as to costs. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 39. ..Category: Constitutional Law | Date: | Hits: 288
Salahuddin Khan and others and others Vs. Md. Abdul Hai Bahar and others, 2011, 40 CLC (AD)
....g for the appellant has re-iterated the submissions on which leave was granted by this Court. 9. Mr. Qumrul Islam Siddique, learned Advocate appearing for the defendant-respondents, on the other hand, submitted that the learned Judges of the High Court Division did not commit any error of law i......proceedings provided (a) amendment, if allowed, would not change the nature and character of the suit or the plaint (b) amendment is necessary for the purpose of determining the real question in controversy between the parties and (c) amendment if allowed would in no way cause injustice to the adver...... The trial Court is further directed to dispose of the suit as expeditiously as possible. Ed. This Case is also Reported in: 63 DLR (AD) (2011) 138, 31 BLD (AD)(2011) 185, VIII ADC (2011) 869. ..Category: Civil Law | Date: | Hits: 86
Sadharan Bima Corporation Vs. Philoship Co. S A, 1990, 19 CLC (HCD)
....ent will go against the vessel under way unless it can be proved that the ship in anchor is also negligent. 8. Mr. M Hafizullah, the learned Advocate for the defendant Nos.1, 2 and 3, on the other hand, submits that the coaster MV Zahirabad was anchored in a prohibited zone and thereby it allowed......f MV Hios flying Greek colours and the defendant No.3 is their local agent in Bangladesh. The, defendant No.4 is the owner of coaster vessel namely, MV Zahirabad which was insured with the plaintiff covering a sum of Tk. 20 lacs. 2. On 3.9.80, in the late afternoon, when this coaster MV Zahirabad......of the case as stated above, I find no merit in the present suit and as such it is dismissed on contest without any order as to costs. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 31. ..Category: Admiralty Law or Maritime Law | Date: | Hits: 177
Bangladesh Mukti Judda Kallyan Trust Vs. Nurul Hossain and others, 1990, 19 CLC (HCD)
....retary, Jute Trading Corporation for the purchase of the property in schedule and it was received with acknowledgment return and vide letter dated 12.6.1981. M/s. Huq Company, the tenant was asked to hand over the possession of the premises to the purchaser Nurul Hossain, the plaintiff on or before ......njunction did not give details of the background. The appellant before this Court namely, Bangladesh Mukti Judda Trust claimed the said property by purchase. They claim to have purchased it from the Government and hence have every right to sell and dispose of the said property as owner and the plain......ompliance to the Court of Subordinate Judge concerned within 16 days of the receipt of this order. Communicate this order at once. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 22. ..Category: Property Law | Date: | Hits: 389
Md. Mahmudur Rahman alias Rasel and others Vs. State, 2011, 40 CLC (HCD)
....ng inter alia that accused Md. Arifur Rahman alias Hasib alias Akash while taken on remand in connection with Joydebpur police station case No.05 dated 5.12.2005 and disclosed about knowledge about 2 hand grenades and the informant party went to village Ajgana and recovered 2 locally made hand grena...... while taken on remand in connection with Joydebpur police station case No.05 dated 5.12.2005 and disclosed about knowledge about 2 hand grenades and the informant party went to village Ajgana and recovered 2 locally made hand grenades from underground wrapped in paper and polythene bag under a bush......e and reduced to their sentence to the period undergone. Send down the L.C. R. along with the judgment to the courts below. Md. Ashraful Kamal J.- I agree. This Case is also Reported in: ..Category: Criminal Law | Date: | Hits: 71
Md. Sharifullah Vs. State, 2011, 40 CLC (HCD)
....andidly submits that the judgment and order of conviction and sentence was based mainly on the dying declaration. The dying declaration was made by the victim before his death, holding his mother’s hand saying that “মাগো শরীফউল্লা আমাকে মাইরা ফা...... Court of Additional Sessions Judge, Dhaka for disposal. The learned Additional Sessions Judge, framed charge against the appellant under section 302/102 of the Penal Code. While, the charge was read over to the appellant, he pleaded not guilty and claimed to be tried. 5. In order to substantiate...... him be discharged from the bail bond. Send down the lower Court records with a copy of this judgment immediately. Gobinda Chardra Tagore J. - I agree. Ed. This Case is also Reported in: ..Category: Criminal Law | Date: | Hits: 73
Rajdhani Unnayan Kartipakkhya and others Vs. Dr. AK Shamsul Islam & others, 2003, 32 CLC (AD)
.... was made a part of the registered deed of lease mentioned above. The respondents, as the pious Muslims inquired about the mosque of the locality and learnt that the petitioner No. 1 did formally hand over the possession of the land earmarked for the mosque along with the plan thereof by forming......made a part of the registered deed of lease mentioned above. The respondents, as the pious Muslims inquired about the mosque of the locality and learnt that the petitioner No. 1 did formally hand over the possession of the land earmarked for the mosque along with the plan thereof by forming a co......o barred by 226 and 107 days respectively and the explanation for delay are far from satisfactory. These petitions are dismissed. Ed. This Case is also Reported in: 63 DLR (AD) (2011) 129. ..Category: Property Law | Date: | Hits: 92
Mohammad Mahbubur Rahman Vs. G.M Mostafa and another, 2011, 40 CLC (AD)
....ul disregard of lawful direction passed by the Court in the judgment and order dated 03.05.2005 in Writ Petition No.2272 of 2005 as against the Secretary of Ministry of Housing and Public Works, Dr. Khandakar Shawkat Hossain and others. The instant Petitioner appeared before the High Court Division .......88 of 2010 as well as awaiting report of the enquiry commission. The High Court Division rejected the application in absence of the Senior Counsel without giving any adjournment and directed to hand over the property in question. Because of the vacation of the court and disruption of work owing t...... 28.02.2010 passed by the High Court Division in Contempt Petition No. 156 of 2009 and 83 of 2009 be stayed till disposal of the appeals. Ed. This Case is also Reported in: VIII ADC (2011) 361. ..Category: Others | Date: | Hits: 118
Md. Ashraful Islam Vs. State, 2009, 38 CLC (AD)
....lant Vs. The State………………………………………………………......Respondent Judgment August 16, 2009. Result: The appeal is dismissed. Lawyers Involved: Khandaker Mahbub Hossain, Senior Advocate instructed by Syed Mahbubar Rahman, Advocate-on-Record-For ......00 milligram of heroine was received by the Examiner for the examination which has allegedly been found to be heroine and so, according to the learned Advocate, the prosecution has failed to prove recovery of more than 25 grams of heroine from the possession of the appellant and in such view, the im......stance in the submissions of the learned Counsel for the appellant. Accordingly, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: VIII ADC (2011) 354. ..Category: Criminal Law | Date: | Hits: 80
Zakir Hossain and another Vs. Md. Yousuf Kabir and another, 2011, 40 CLC (AD)
.... they would soon dispossess the plaintiffs from the suit property. The cause of action for the suit arose on 21.10.1993 when the defendants along with the bailiff of the Court asked the plaintiffs to hand over vacant possession of the suit property to them and the same was continuing in view of the ......Possession of the auction purchased land was delivered on 20.01.1954 through Court. Ali Ahmed being in possession of the auction purchased land for more than 12 years got his name mutated in the government record and paid rents accordingly. S.A. Khatian No.197 and R.S. Khatian No.1248 were accor...... of the court of Joint District Judge, 2nd Court, Dhaka both arising out of Title Suit No.59 of 1994 be stayed till disposal of the appeal. Ed. This Case is also Reported in: VIII ADC (2011) 344...Category: Property Law | Date: | Hits: 72
Alauddin (Md.) and others Vs. Yusuf Ali and another, 1993, 22 CLC (HCD)
....or found exclusive possession of the plaintiff which cannot really be established without first specifying the suit land. 7. Mr. SK Sinha, the learned Advocate for the opposite party, on the other hand, submits that for granting temporary injunction the Court need not go into the merits of the ca......party's claim to the suit land, it would appear that their phupu was in ejmali possession of the suit land with them. The suit land consisted of the ancestral homestead, chara and adjacent paddy land over several plots and the plaintiff opposite party claims to have purchased fractional shares in ea......njunction is rejected. In the result the Rule is made absolutely without any order as to costs. Communicate this order at once. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 328. ..Category: Property Law | Date: | Hits: 101
Bangladesh Hastashilpa Samabaya Federation Ltd. Vs. Bangladesh, 1992, 21 CLC (HCD)
....son was done illegally and all actions taken in meetings are void. It has further been stated in the affidavit‑in‑opposition that while the respondent No.5 was in USA from 11.9.92 to 27.10.92 she handed over the charge of the said Federation to its Vice‑Chairman, Mr. Abul Kalam but one Mrs. Ro......ul Jalil J Mohammad Fazlul Karim J Bangladesh Hastashilpa Samabaya Federation Ltd. (KARIKA)………………..Petitioner Vs. Bangladesh, represented by the Secretary, Ministry of Local Government, Rural Development and Co‑operatives, Bangladesh Secretanat, Dhaka and others ................on is not maintainable. He further submitted that the Government has overall control in the matter and it may start any enquiry and pass any order. 9. In reply, Mr. Mesbahuddin submitted that the management of the Society having been stayed, & Society is aggrieved and is competent to file th..Category: Others | Date: | Hits: 136
State Vs. Nurul Hoque and another, 1992, 21 CLC (HCD)
.... that on 11.5.88 at 13.00 hours the Chairman of Baragaon Union Parishad was informed that a dead body of an unidentified woman was found in a ditch belonging to and within the homestead of Dr. Ratan Chandra Barua. On receipt of the said information the officer‑in‑charge of the police station reg......ce station registered the unnatural death case No.2 dated 11.5.88 and endorsed the same for investigation to Sub‑Inspector Abdul Mannan who thereafter proceeded to the village with his force and recovered the said dead body in presence of the local chairman and other witnesses. The dead body was f......be set at liberty at once, if not wanted in connection with any other case. The death penalty, as held herein before, is affirmed. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 306. ..Category: Criminal Law | Date: | Hits: 76
....liberation he submitted an application praying for allotment of an abandoned house in his favour to the Ministry of Public Works and Urban Development which allotted the disputed house at 9, Shirish Chandra Das Lane, Dhaka to him by allotment letter dated 22.5.74 (Annexure‑A). The petitioner has b......
High Court Division
(Special Original Jurisdiction)
Present:
Fazle Hussain Mohammad Habibur Rahman J
KM Hasan J
Mohsin Kabir (Rupan).........................Petitioner
Vs.
Government of the People's Republic of Bangladesh and others……………………Respondents
Ju......ent dated 19.9.88 of the Settlement Court Case No. 422 of 1987.
On the grounds stated above the application is summarily rejected.
Ed.
This Case is also Reported in: 45 DLR (HCD) (1993) 301.
..
Category: Property Law | Date: | Hits: 86
Mohammad Abdus Sabur Vs. Agrani Bank, 2011, 40 CLC (HCD)
.... attempt for sale of the mortgaged property through auction and as such the impugned order issuing warrant of arrest against the petitioner is illegal and without lawful authority. 6. On the other hand Mr. Md. Shafiquel Islam Siddique, learned Advocate appearing for the respondent-bank opposes th......at the time of issuing the Rule is vacated. Let a copy of the judgment be communicated to the concerned executing Court. Nazmun Ara Sultana J.- I agree. Ed. This Case is also Reported in: ......at the time of issuing the Rule is vacated. Let a copy of the judgment be communicated to the concerned executing Court. Nazmun Ara Sultana J.- I agree. Ed. This Case is also Reported in: ..Category: Civil Law | Date: | Hits: 84
....
2. The petitioners case in both the Rules, in short, is that they were served with notices dated 20.10.1990 directing them to submit written statement by way of show cause in their respective own handwriting to respondent No. 2 for the alleged offences of depositing answer script papers written .......1560 of 1991)
Vs.
Controller of Examination, Dhaka University and others.......................Respondent
Judgment
November 6, 1991.
Cases Referred To-
Messers Farid Sons Ltd. Vs. Government of Pakistan, PLD 1961 (SC) 537; Chief Commissioner Karachi Vs. Mrs. Dina Sohrah Katrak, PL...... lawful authority and the same are of no legal effect.
In the result, both the Rules are made without however any order as to costs.
Ed.
This Case is also Reported in: 45 DLR (HCD) (1993) 292...
Category: Others | Date: | Hits: 153
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