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Public Service Commission Vs. Mohammad Sohel Rana and others, 2010, 39 CLC (AD)

....s Referred To- Subbarayudu Vs. the State (1955) ALT 53 (FB); Suneeta Aggarwal Vs. State of Haryana and others, (2000) 2 SCC 615, Shankaran Vs. Union of India, (1991) 3 SCC 47; Haryana Vs. Subhash Chandra Marwala, (1974) 3 SCC 220; Neelima Shangla Vs. State of Haryana, (1986) 4 SCC 268; Jatendra K......the candidates, as reflected at the recruitment test, and no discrimi­nation can be permitted. This correct position has been consistently fol­lowed by this Court, and we do not find any discordant note in the decisions in State of Haryana Vs. Subhash Chander Marwaha, Neelima Shangla Vs. State of ..

Category: Constitutional Law | Date: | Hits: 247

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......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

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......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

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: ..

Category: Civil Law | Date: | Hits: 84

Mahinuddin (Md) and others Vs. Controller of Examination, Dhaka University and others, 1991, 20 CLC (HCD)

.... 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 ...... 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

Buddhi Sankar Biswas Vs. Akbar Ali Sheikh, 1991, 20 CLC (HCD)

....f section 151 of the Code of Civil Procedure cannot be resorted to particularly when is court has become functus officio after the delivery of the judgment in the revision case on merit. On the other hand, the learned Counsel for the petitioner submits that on the face of the record there appears to......de of Civil Procedure for rehearing of the Civil Revision Case No.1181 of 1980 is hereby rejected without any order as to costs. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 242. ..

Category: Property Law | Date: | Hits: 90

Umme Hani Begum and others Vs. Ram Gopal Sarker and others, 2008, 37 CLC (HCD)

....as decreed the suit out of misconception of law and fact and the same is not sustainable in law. 10. Mr. A Baset Majumder, the learned Advocate appearing for the plaintiff-respondent, on the other hand, supported the judgment and decree of the trial Court and submitted that since 1964 the plainti......le Suit No.344 of 1994 decreeing the suit is set aside. The suit stands dismissed. Send down the lower Court's record immediately. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 17. ..

Category: Property Law | Date: | Hits: 74

Barrister Mainul Hosein Vs. Md. Ali Hossain and another, 2010, 39 CLC (HCD)

....ation of the proceeding of Criminal Case No.1 of 1994 is totally illegal and misconceived and the same is liable to be quashed in order to prevent abuse of the process of Court. 7. On the other hand, Mr. Abdur Razaque Khan, learned Advocate appearing for the opposite party No.1 complainant, h......the case in accordance with law. Send a copy of this judgment and order to the Court concerned for information and necessary action. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 38...

Category: Labour and Industrial Law | Date: | Hits: 147

Tofail Ahmed Vs. Chairman, Anti-Corruption Commission and others, 2010, 39 CLC (HCD)

....fficer reported in 55 DLR 457 adverted to by Mr. Rokanuddin Mahmud, it transpires that the principle enunciated that case has no manner of application to the facts in and circumstances of the case in hand. 16. With regard to the decision in the case of Arab Bangladesh Bank Ltd. Vs. Md. Shahiduzza...... pertinent question arises: whether the provisions of section 94 of the Code of Criminal Procedure will be applicable to the facts and circumstances of the present case? In this connection, it may be noted that in the parent legislation, that is to say, in the দুর্নীতি দমন ক..

Category: Anti-Corruption Laws | Date: | Hits: 200

Saroj Kumar Sarker and others Vs. Manoj Kumar Sarkar, 2007, 36 CLC (HCD)

....j claiming a share therein stating that Monoj Kumar Sarker, a co-sharer in the suit land, has left for India and his share has become enemy property and the property requires partition. 3. Motish Chandra Sarker and Saroj Kumar Sarker, brothers of Monoj Kumar Sarker on the other hand, filed Title ...... Manikgonj is withdrawn and transferred 1othis Court for hearing along with the First Appeal No.15 of 1988 analogously. Communicate. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 25...

Category: Property Law | Date: | Hits: 68

Akbar Khan (Md.) Vs. Anti-Corruption Commission and others, 2010, 39 CLC (HCD)

....ngs, the Rule is made absolute without any order as to costs. Let a copy of this judgment be communicated to the Chairman of the ACC. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 20....... which cannot be brought for "judicial scrutiny" under section 561A of the Code, inasmuch as the words "any Court" employed in section561A must be understood to mean a "criminal Court....." 13. We note that, although the Appellate Division has granted leave with regard to the decision in the case..

Category: Anti-Corruption Laws | Date: | Hits: 154

Bangladesh Road Transport Corporation Vs. Ashraf Jute Mills Ltd., 1991, 20 CLC (HCD)

....the sale is illegal and void. 6. It is a fact that BSRS sold the properties under Article 34(1) of PO 128 of 1972. In this article the power to sell the mortgaged property was given to BSRS. Mr. Khandker Mahbubuddin Ahmed, appearing for the Rupali Bank which is a secured creditor, submits that t......after, the Official Liquidator shall as meet up the claims of the creditors in accordance with law with the permission of this Court. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 282. ..

Category: Company Law | Date: | Hits: 193

Nowazullah and another Vs. Waz Khatun & another, 1990, 19 CLC (HCD)

.... to the only conclusion that plaintiff No.2 received a further sum as consideration, made endorsement to that effect on the back of the original agreements relinquishing her claim of reconveyance and handed over the documents to the appellant‑defendant. There are wide contradictions among the P.Ws...... reconveyance. In the result, the Rule is discharged but without any order as to costs. Let the records be sent down immediately. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 279...

Category: Property Law | Date: | Hits: 57

State Vs. Giasuddin and 5 others, 1990, 19 CLC (HCD)

....the District Board Road, accused Hamid, and Alfaz gave lathi blow to Somed; he raised alarm and retreated towards his house. Hearing his alarm, his brother Mannan, Ahad, Alauddin, Somraj, Azimuddin, Chand Mia, Suruj, Wahab, Khorshed, Hashem and Malek came to the 'Bichra' of P.W.1 Mannan. Somed also ......uch view reacts upon the whole prosecution case. 36. But this possibility or probability of the case must not be canvassed by the Court too far in arriving at a decision of guilt of the accused. A note of caution has been administered in the case of Sarfraz Khan Vs. Crown reported in All Pakistan..

Category: Criminal Law | Date: | Hits: 111

Shambhu Nath Saha & others Vs. State, 1989, 18 CLC (HCD)

....Hossain Thereafter, the petitioner No. 1 set up co‑accused Rasamoy Das who falsely personating himself executed and registered false Sale Deed No. 3558, dated 22.5.82 in favour of petitioner No.2, Chandra Rani Chowdhury and another Sale Deed in favour of co‑accused Shamsul Huq for the aforesaid ......s therefore, discharged. The learned Additional Metropolitan Magistrate is directed to dispose of the case as expeditiously as possible. Ed. This Case is also Reported in: 43 DLR (1991) 660. ..

Category: Criminal Law | Date: | Hits: 83

Badsha (Md.) Miah and others Vs. Soleman Nessa Bibi and others, 1988, 17 CLC (HCD)

....d written in Khatian No. 243 vide Ext. 12 is 15.43 acres and there are 2.94 acres of tenanted land also and the tenanted land is recorded in khatian Nos. 244 and 245. It further appears that Bhagati Chandra Chattapadhyaya had a Dar jote and Nasar Mondal a jote and Jageshwar Chattapadhyaya and others......ing by the lower appellate Court will be immune from interference in second appeal only if it is found to be substantiated by evidence on the record and is supported by logical reasoning, duly taking note of the reasons adduced by the first Court which have been disfavored in the contrary finding. T..

Category: Property Law | Date: | Hits: 70

Tenu Miah and others Vs. The State, 1990, 19 CLC (HCD)

....and Seraj confronted him. Accused Hamid and Alfaz gave lathi blow to Somed; he raised alarm and retreated towards his house. Hearing his alarm, his brother Mannan, Ahad, Alauddin, Somraj, Azimuddin, Chand Mia, Suruj, Wahab, Khorshed, Kashem and Malek came to the 'Bichra' of PW 1 Mannan. Somed also r......ch view reacts upon the whole prosecution case. 38. But this possibility or probability of the case must not be canvassed by the Court too far in arriving at a decision of guilty of the accused. A note of caution has been administered in the case of Sarfraz Khan Vs. Crown reported in All Pakistan..

Category: Criminal Law | Date: | Hits: 68

Hameeda Banu Vs. AFM Naziruddin, 1990, 19 CLC (HCD)

....m Vs. Kundalal, 26 Indian Appeal 58=3 CWN 502; Dharmadas Kundu Vs. Amulyadhan Kundu, ILR 33(Cal) 1119=10 CWN 765; Mating Aung Ba Vs. Ma Nyum, AIR 1928 (Rangoon) 141=IC 56. Lawyers Involved: MH Khandker, Advocate, with Sharifuddin Chaklader and Mohammad Ali, Advocates ‑For the Appellant. K...... Mistri who deposed that he is a mason and he was employed by the respondent in building the suit house. He further stated that during the construction of the second‑floor of the building he made a note in his Note Book and proved his note book which was marked as Ext. 7. 8. The appellant exami..

Category: Property Law | Date: | Hits: 110

Bangla Jalpari Lines (Pvt) Ltd. Vs. Continental Grain Company (Canada) Ltd. and others, 1990, 19 CLC (HCD)

....the owner of the vessel; the master and crew become to all intents his servants, and through them the possession of the ship is in him. The essence of the modern form of time charter, on the other hand, is that under it the ship‑owner agrees with the time charterer that during a certain named p......nished there is no merit in these two revisional applications. In the result, these Rules are discharged without any order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 617. ..

Category: Admiralty Law or Maritime Law | Date: | Hits: 186

Nizamul Haque and Others Vs. Singa Bangla Garment Manu­facturing Company (Pvt) Ltd., 1990, 19 CLC (HCD)

....itioner would file an application for winding up of the company under the provisions of the Companies Act. The respondent duly received the said notice. On receipt of the above notice, the respondent handed over on 25.8.88 a post dated cheque dated 30.9.88 bearing No. 2051522 to be drawn on Agrani B......ain a stay order from the Appellate Court. The prayer is allowed and this judgment will come into operation just after two weeks from date. Ed. This Case is also Reported in: 43 DLR (1991) 603. ..

Category: Company Law | Date: | Hits: 190