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Ahmad Ullah Vs. Md. Younus and Ors, 2016, 45 CLC (HCD)
....d over to the payee with implied authority (unless an express authority is annexed) to write the date on the said cheque. It is the choice and decision of the drawer of a cheque to hand over a dated, post-dated or undated cheque to the payee. He (drawer) cannot subsequently come with the plea that a......h is very much apparent. The complainant opposite-party might be deprived from timely medicare to repair his/her home to pay rent personal or other liabilities to ensure treatment of family members, to bear the cost of education, marriage, child-birth and to meet many other urgent problems......e of issuance of the Rule shall stand vacated. Let a copy of the judgment be sent to the court concerned. Ed. This Case is also Reported in: 68 DLR (HCD) (2015) 228 ......e of issuance of the Rule shall stand vacated. Let a copy of the judgment be sent to the court concerned. Ed. This Case is also Reported in: 68 DLR (HCD) (2015) 228 ..Category: Banking Law | Date: 29 Feb, 2016 | Hits: 23
A.H. Azam Khan Vs. Bangladesh and Ors, 2016, 45 CLC (HCD)
....nts to show cause as to why the Order vide Memo No.৩/কল/বগ/৯৭৬/৮৫ dated 20-5-2015 passed by the Respondent No.4 (as contained in Annexure-C) releasing the petitioner from the post of Chairman of the Governing Body of Shahid Zia Model College, Gabtoli, Bogra shall not be decl......he election of the regular Governing Body of the College. After taking the charge the Ad-hoc Committee initiated proceeding for holding election and after completion of the election the newly elected members of the Governing Body sat in their first meeting and in the said meeting the petitioner was ...... judgment upon all the respondents including the Member of Parliament for necessary information. Communicate at once. Ed. This Case is also Reported in: 68 DLR (HCD) (2016) 194 ...... judgment upon all the respondents including the Member of Parliament for necessary information. Communicate at once. Ed. This Case is also Reported in: 68 DLR (HCD) (2016) 194 ..Category: Administrative Law, Constitutional Law | Date: 11 Feb, 2016 | Hits: 4
Tariqul Islam Vs. Bangladesh and Others, 2016, 45 CLC (HCD)
....seven) days from the date of receipt of a copy of this judgment. There is, however, no order as to costs. Ed. This Case is also Reported in: 68 DLR (HCD) (2016) 150 ......sed as to this Court may seem fit and proper. 2. The facts leading to the issuance of the Rule, in brief, are: The petitioner is a citizen of Bangladesh and he was the Minister and also the member of the parliament. The petitioner was given a passport being No. A-0158834 by the Government ......seven) days from the date of receipt of a copy of this judgment. There is, however, no order as to costs. Ed. This Case is also Reported in: 68 DLR (HCD) (2016) 150 ......seven) days from the date of receipt of a copy of this judgment. There is, however, no order as to costs. Ed. This Case is also Reported in: 68 DLR (HCD) (2016) 150 ..Category: Administrative Law | Date: 14 Jan, 2016 | Hits: 1
Ali Ahsan Muhammad Mujahid Vs. The Government of Bangladesh, 2015, 44 CLC (HCD)
....he seven bodies were exhumed and recovered on Tuesday afternoon from a field near a mazar, on the outskirt of the city. The bodies all decomposed were taken to Dacca Medical College Hospital for post-mortem. While four of the bodies could be identified by their relations, the three other bodies......contents of charge No.6 as framed against the petitioner are vague and unspecific; that the elements of conspiracy had not been proved; that the testimonies of P.Ws.2 and 5 are not reliable, that the members of “Badr bahini” were in fact, “ফালতু” (Extras) and they w......has been affirmed by the Appellate judgment. We do not find any illegality in our Appellate judgment. Hence, the review petition is dismissed. Ed. This case is also Reported in: ......has been affirmed by the Appellate judgment. We do not find any illegality in our Appellate judgment. Hence, the review petition is dismissed. Ed. This case is also Reported in: ..Category: International Crimes Tribunal Law | Date: 18 Nov, 2015 | Hits: 111
Nurun Nabir Sarker Vs. Secretary, Ministry of Education and Others, 2015, 44 CLC (HCD)
....nbsp;and/or pass such other or further order or orders as to this Court may seem fit and proper. 2. Fact relevant for the disposal of this Rule, in brief, are that the petitioner applied for the post of Headmaster, in response to the advertisement published by the concerned authority and that a......receive full pay, instead of subsistence allowance, till the suspension order/letter ends up in a final order. 13. Next, we also record that, for the conducts noted above, the Chairman and other members of the Managing Committee as well as the concerned official of the board should have been co......gh Court Division, within 30 (thirty) working days of receiving copies of this judgment and order. Ed. This Case is also Reported in: 68 DLR (HCD) (2016) 125 ......gh Court Division, within 30 (thirty) working days of receiving copies of this judgment and order. Ed. This Case is also Reported in: 68 DLR (HCD) (2016) 125 ..Category: Administrative Law, Employment/Service Law | Date: 10 Nov, 2015 | Hits: 0
Turfatur Ain Chowdhury Vs. Artha Rin Adalat Dhaka and Others, 2015, 44 CLC (HCD)
....f the company, late Khalilur Rahman Chowdhury or his heirs cannot be held personally liable for payment of the Bank's loan. 8. Then, Mr. Siddique refers to the provision of Mahomedan Law and postulates that the petitioner may be impleaded as a defendant in the suit only when she will inheri....... Office is directed to send a copy of this judgment to Artha Rin Adalat No.1, Dhaka (respondent No. 1) at once. Ed. This Case is also Reported in: 68 DLR (HCD) (2016) 81 ....... Office is directed to send a copy of this judgment to Artha Rin Adalat No.1, Dhaka (respondent No. 1) at once. Ed. This Case is also Reported in: 68 DLR (HCD) (2016) 81 ....... Office is directed to send a copy of this judgment to Artha Rin Adalat No.1, Dhaka (respondent No. 1) at once. Ed. This Case is also Reported in: 68 DLR (HCD) (2016) 81 ..Category: Constitutional Law, Procedural Law | Date: 25 Aug, 2015 | Hits: 4
Major General Abdus Salam (Retd) Vs. Bangladesh Election Commission and another, 2015, 44 CLC (AD)
....ispose of the same in accordance with law expeditiously keeping in view the observations made hereinbefore in this judgment. Ed. This Case is also Reported in: 67 DLR (AD) (2015) 289 ......'V has dealt with election disputes). In article 2 of the RPO: "Candidate" has been defined in clause-(ii) "Candidate" means a person proposed as a candidate for election as a member. Besides the definition of "candidate", two other definitions of the article are re......ispose of the same in accordance with law expeditiously keeping in view the observations made hereinbefore in this judgment. Ed. This Case is also Reported in: 67 DLR (AD) (2015) 289 ......ispose of the same in accordance with law expeditiously keeping in view the observations made hereinbefore in this judgment. Ed. This Case is also Reported in: 67 DLR (AD) (2015) 289 ..Category: Civil Law, Election Law | Date: 13 Aug, 2015 | Hits: 30
....e at that time and on being inspired by the gallantry fighting of the freedom fighters, he joined the elders who supplied money, materials and cooked food to the freedom fighters. They set up a check post under the banyan tree towards the southern side of Gouri Shankar hat and checked the vehicles w......cused identified him as a dangerous man asking the Pakistani Army to kill him and accordingly the Pakistani Army shot him down and burnt the dead body along with his house. Thereafter, the other members of Sotish Chandra Palit deported to India for their safety and, as such, the accused has bee...... Act for commission of offences of crimes against humanity.
"In the 3rd week of July, 1971 in one morning aroung 5-30 am a close associate of the father of accused and Chairman of Shekarpur Union Parishad Shamsu Mia (now late) with three accomplices went to the house of Abdul Motaleb Chowd......or commission of offences of crimes against humanity.
"In the 3rd week of July, 1971 in one morning aroung 5-30 am a close associate of the father of accused and Chairman of Shekarpur Union Parishad Shamsu Mia (now late) with three accomplices went to the house of Abdul Motaleb Chowdhury a..
Category: International Crimes Tribunal Law | Date: 29 Jul, 2015 | Hits: 38
Immam Hossain Sawdagor and others Vs. Abul Hashem and others, 2015, 44 CLC (AD)
....ention to the order sheet of the court below and submits that the plaintiffs of the suit submitted the requisites for the service of summons on the defendant and the summons were issued by registered post, and also by process server, by the order dated 10-11-1990 and it was fixed for the return of s......osed of by the Bench presided over by Nozrul Islam Chowdhury, J. within 2(two) months from the date of receipt of this judgment. Ed. This Case is also Reported in: 67 DLR (AD) (2015) 266. ......osed of by the Bench presided over by Nozrul Islam Chowdhury, J. within 2(two) months from the date of receipt of this judgment. Ed. This Case is also Reported in: 67 DLR (AD) (2015) 266. ......osed of by the Bench presided over by Nozrul Islam Chowdhury, J. within 2(two) months from the date of receipt of this judgment. Ed. This Case is also Reported in: 67 DLR (AD) (2015) 266. ..Category: Civil Law, Procedural Law | Date: 15 Jun, 2015 | Hits: 12
....cept the apology made on behalf of the then Dhaka Board, Chairman and exempt her from imposing any fine.
Ed.
This Case is also Reported in: 15 BLC (HCD) (2010) 349
......Governing Body, who has later added himself as respondent No. 5. He further submits that, the name of Mr.Golam Sarwar was sent to the respondent No.2, for appointment as the president of the GB, by 7 members of the governing body, not by the institution head. Whereas, only the head of the insti......cept the apology made on behalf of the then Dhaka Board, Chairman and exempt her from imposing any fine.
Ed.
This Case is also Reported in: 15 BLC (HCD) (2010) 349
......cept the apology made on behalf of the then Dhaka Board, Chairman and exempt her from imposing any fine.
Ed.
This Case is also Reported in: 15 BLC (HCD) (2010) 349
..
Category: Administrative Law | Date: 26 May, 2015 | Hits: 1
.... There shall be no mandatory sentence of death in respect of an offence of murder committed by an offender who is under a sentence of life imprisonment.
Ed.
This Case is also Reported in:
......the accused must realise that he has committed an act which is not only harmful to the society of which he forms an integral part but is also harmful to his own future, both as an individual and as a member of the society. Punishment is designated to protect society by deterring potential offenders ......ab 2 (SCC) (1983) 277; B.G. Goswami Vs. Delhi administration, (1974) 3 SCC 85; Dilip Kumar Sharma Vs. State of M.P., 1(SCC)(1976)560; Jagmohan Singh Vs. State of UP, 1(SCC)(1973)20; Maneka Gandhi Vs. Union of India, AIR 1978(SC) 597; Bachan Singh Vs. State of Panjab 2(SCC)(1980)684; James Tyone Wood...... There shall be no mandatory sentence of death in respect of an offence of murder committed by an offender who is under a sentence of life imprisonment.
Ed.
This Case is also Reported in:
..
Category: Criminal Law, Women and Children | Date: 5 May, 2015 | Hits: 83
....ere shall be no mandatory sentence of death in respect of an offence of murder committed by an offender who is under a sentence of life imprisonment.
Ed.
This Case is also Reported in:
......the accused must realise that he has committed an act which is not only harmful to the society of which he forms an integral part but is also harmful to his own future, both as an individual and as a member of the society. Punishment is designated to protect society by deterring potential offenders ......i administration, (1974) 3 SCC 85; Mithu Vs. State of Punjab,(1983) 2SCC 277; Dilip Kumar Sharma Vs. State of M.P., (1976) 1 SCC 560; Jagmohan Singh Vs. State of UP, (1973) 1SCC 20; Maneka Gandhi Vs. Union of India, AIR 1978 SC 597, (1980) 2 SCC 684; James Tyone Woodson and Luby Waxton Vs. State of ......ere shall be no mandatory sentence of death in respect of an offence of murder committed by an offender who is under a sentence of life imprisonment.
Ed.
This Case is also Reported in:
..
Category: Criminal Law, Women and Children | Date: 5 May, 2015 | Hits: 86
State Vs. Abdus Salam and others, 2015, 44 CLC (AD)
....া কটাই এর মাথার পিছনে ঘাই মারে।” Now let us see whether the medical evidence supports prosecution story as stated or not. It appears from post mortem report (Exhibit 4) of Kotai Miah that the Doctor, holding autopsy, found following injur......urrender before the concerned Court, the Chief Judicial Magistrate of Sylhet shall take step to take them in custody. Ed. This Case is also Reported in: 67 DLR (AD) (2015) 376 .......7, Masuk Uddin, Faruque Uddin and Kalamandar Ali were coming back towards their respective houses after casting votes at the Mirgonj High School Polling Station for the election of No. 8, Vadesshwar Union Parishad within Police Station Golapgonj, while they reached in between Fateh Chand Shop and F......suk Uddin, Faruque Uddin and Kalamandar Ali were coming back towards their respective houses after casting votes at the Mirgonj High School Polling Station for the election of No. 8, Vadesshwar Union Parishad within Police Station Golapgonj, while they reached in between Fateh Chand Shop and Faisal ..Category: Criminal Law, Procedural Law | Date: 29 Apr, 2015 | Hits: 10
Hasina Ahmed Vs. State, 2015, 44 CLC (HCD)
....ry of Salauddin Ahmed whichever is earlier. In the light of the discussions made hereinbefore, the Rule is discharged. Ed. This Case is also Reported in: 15 BLC (HCD) (2010) 343 ......ry of Salauddin Ahmed whichever is earlier. In the light of the discussions made hereinbefore, the Rule is discharged. Ed. This Case is also Reported in: 15 BLC (HCD) (2010) 343 ......ry of Salauddin Ahmed whichever is earlier. In the light of the discussions made hereinbefore, the Rule is discharged. Ed. This Case is also Reported in: 15 BLC (HCD) (2010) 343 ......ry of Salauddin Ahmed whichever is earlier. In the light of the discussions made hereinbefore, the Rule is discharged. Ed. This Case is also Reported in: 15 BLC (HCD) (2010) 343 ..Category: Criminal Law, Procedural Law | Date: 20 Apr, 2015 | Hits: 2
....upon the holding of such AGM.
The cost of this Application shall be borne out of the funds of the Company.
Ed.
This Case is also Reported in: 67 DLR (HCD) (2015) 326
......upon the holding of such AGM.
The cost of this Application shall be borne out of the funds of the Company.
Ed.
This Case is also Reported in: 67 DLR (HCD) (2015) 326
......es Act.................... (13)
Case Referred to-
Jalaluddin Jafar Ali Husein Vs. Tahmid Ahmed, 6 MLR 28 = 52 DLR 141; Bangladesh Bank Vs. Sk Abul Hossain, 12 MLR (AD) 292 = 59 DLR (AD) 60; Union of India Vs. Harjeet Singh Sandhu, AIR 2001 SC 1772; Re El Sombrero Ltd., (1958) Ch. 900; Unio......upon the holding of such AGM.
The cost of this Application shall be borne out of the funds of the Company.
Ed.
This Case is also Reported in: 67 DLR (HCD) (2015) 326
..
Category: Company Law | Date: 15 Apr, 2015 | Hits: 7
Mafruza Sultana Vs. State and another, 2015, 44 CLC (AD)
....efore, this criminal petition for leave to appeal is disposed of with the direction made in the body of the judgment. Ed. This Case is also Reported in: 67 DLR (AD) (2015) 227 ......he facts, leading to the filing of this criminal petition for leave to appeal, in a nutshell, are: The prosecution case, in brief, is that accused Md. Hafiz Ibrahim was an influential parliament member elected from Bhola-2 constituency in 8th National Parliament. He was also a member of the Par......efore, this criminal petition for leave to appeal is disposed of with the direction made in the body of the judgment. Ed. This Case is also Reported in: 67 DLR (AD) (2015) 227 ......efore, this criminal petition for leave to appeal is disposed of with the direction made in the body of the judgment. Ed. This Case is also Reported in: 67 DLR (AD) (2015) 227 ..Category: Criminal Law | Date: 12 Apr, 2015 | Hits: 19
Muhammad Kamaruzzaman Vs. The Government of Bangladesh, 2015, 44 CLC (AD)
....those subject to regimentation clogged by Article 47A (2) of the Constitution, the Court is to ensure that in the pretext of review, re-hearing of the whole matter is not initiated. To succeed a postulant must show that this Division resorted to a fundamental error of law, which remains apparen...... It's verdict was delivered on 9thMay, 2013. 4. By exercising his right as conferred by Section 21 of the Act Muhammad Kamaruzzaman preferred an appeal before this Division, and a four member Bench of this Division, after exhaustive and comprehensive hearing, spreading over 17 working...... Vs. The Chief Prosecutor, International Crimes Tribunals (ICT), 66 DLR (AD) 289); Prosecutor Vs. Laurent Semanza (Case no ICTR (7-20-T); Ambaram Vs. State of M.P., AIR 1976 SC 2196; Shashi Nayar Vs. Union of India , AIR 1992 SC 395; Karnataka Vs. Prakash Jadav, 2006 CrLJ 3393 (3409) (BD); Ambaram V......, quite candidly submitted that he is aware of the limitations that a review petition faces. Resultantly, the instant review petition is dismissed. Ed. This Case is also Reported in: ..Category: Criminal Law, International Crimes Tribunal Law | Date: 5 Apr, 2015 | Hits: 60
Nurul Huda (Md.) Vs. State, represented by the DC, Lalmonirhat, 2015, 44 CLC (AD)
....from the date of his conviction; so, let the accused be set at liberty at once, if not wanted in connection with any other case. Ed. This Case is also Reported in: 67 DLR (AD) (2015) 231. ......mdash;Emasculation. Secondly.— Permanent privation of the sight of either eye. Thirdly.— Permanent privation of the hearing of either ear. Fourthly.— Privation of any member or joint. Fifthly.— Destruction or permanent impairing of the powers of any m......from the date of his conviction; so, let the accused be set at liberty at once, if not wanted in connection with any other case. Ed. This Case is also Reported in: 67 DLR (AD) (2015) 231. ......from the date of his conviction; so, let the accused be set at liberty at once, if not wanted in connection with any other case. Ed. This Case is also Reported in: 67 DLR (AD) (2015) 231. ..Category: Criminal Law, Women and Children | Date: 8 Mar, 2015 | Hits: 18
....o. 8 cancelling the gun licence of the petitioner is declared to be without lawful authority and of no legal effect.
Ed.
This Case is also Reported in: 20 BLC (HCD) (2015) 279
......ther under the name and style "Moulvi Abdul Hye Memorial Trust" and a school-cum-college in the name of Moulvi Abdul Hye Memorial School and College at his village. The petitioner is a life-member of the said trust and a teacher of the school and college. For the safety and security o......Azharuddin Ahmed, 35 DLR (AD) 72; Hamidul Huq Chowdhury Vs. Bangladesh, 33 DLR 381; Farzana Haque Vs. University of Dhaka, 42 DLR 262; Re Infant H (K) ([1967] 1 All ER. 226); Council of Civil Service Union Vs. Minister for the Civil Service [1984] 3 All ER 935; Swadeshi Cotton Mills Vs. India, AIR 1......as to this Court may seem fit and proper.
2. The case of the petitioner, as set out in the writ petition, in short, is as follows:
The petitioner was elected as Chairman of Gobindapur Union Parishad, Muksudpur in the District of Gopalganj in 1998. Anyway, the petitioner made an applica..
Category: Constitutional Law | Date: 2 Mar, 2015 | Hits: 23
Singer Bangladesh Ltd Vs. National Board of Bangladesh, 2014, 43 CLC (HCD)
....ion and establishment of the office of Constitutional body, the Comptroller and Auditor General. Chapter 8 of the Constitution in particular deals with this part. Article 128 of the Constitution postulates functions of Auditor General as under: "128 (1) The public accounts of the Repu......copy of this judgment be sent to the office of the Comptroller and Auditor General for future reference and guidance. Ed. This Case is also Reported in: 67 DLR (HCD) (2015) 73 ......uties and powers of the Comptroller and Auditor-General. It says:- "The Comptroller and Auditor-General shall perform such duties and exercise such powers in relation to the accounts of the Union and of the States and of any other authority or body as may be prescribed by or under any law ......copy of this judgment be sent to the office of the Comptroller and Auditor General for future reference and guidance. Ed. This Case is also Reported in: 67 DLR (HCD) (2015) 73 ..Category: Constitutional Law, Fiscal/Taxation Law | Date: 15 Dec, 2014 | Hits: 5
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