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Prof. Serajul Islam Chowdhury and others Vs. Jahangirnagar University and others, 2009, 38 CLC (HCD)

....3.9.2008 of the Syndicate (Annexure-G) shall not be declared to have been made without lawful authority and is of no legal effect for failure to comply with the requirements of a fair inquiry and the principle of natural justice, (ii) why the orders of suspension dated 25.10.2008 passed by the Syndi...... Judgment complying with the principles of natural justice and fairness. 62. There is no order as to costs. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 6; 61 DLR (HCD) (2009) 744 ......ations like sexual abuse/harassment. But in order to ensure an independent enquiry, it must be conducted by a committee as defined in the guidelines laid down in the case of Bangladesh National Women Lawyers Association (BNWLA) Vs. Government of Bangladesh and Others in Writ Petition No.5916 of 2008..

Category: Employment/Service Law | Date: | Hits: 169

Moniruzzaman (Md.) Vs. Bangladesh House Building Finance Corporation and others, 2010, 39 CLC (HCD)

....ope for giving it an extended meaning and include 'Special' or 'Additional' District Judge within the definition of "District Judge" by legal fiction or by parity of reasoning. One of the fundamental principles of interpretation of statute is that they are to be construed according to their general ......ay passed earlier is hereby vacated. There shall, however, be no order as to cost. Communicate a copy of this judgment at once. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 239. ......pplication is to be hard by him in his capacity as the District Judge not as Special District Judge……………………(16) Case Referred to- Juhan Ara Akhter Begum Vs. HBFC, 47 DLR 158. Lawyers Involved: Abdul Quasem Miah with Md. Shahadat Tanvir Amin, Advocates - For the Petitioner..

Category: Property Law | Date: | Hits: 127

Sk Shayeed-ul-Amin and others Vs. State, 2010, 39 CLC (HCD)

....esult, we find merit in the rule issued earlier. According the rule is made absolute. Send down the Lower Court Record at once. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 237. ......esult, we find merit in the rule issued earlier. According the rule is made absolute. Send down the Lower Court Record at once. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 237. ...... through a civil Court. For framing a charge under section 420 PC, it requires dishonest inducement by a person in order to deceive in delivering any property to a person.…………………(14) Lawyers Involved: MA Aziz Khan, Advocate - For Accused Petitioners. Bashir Ahmed, Assistant At..

Category: Criminal Law | Date: | Hits: 102

Santosh Mia Vs. State, 1989, 18 CLC (HCD)

....nced to 5 (five) years rigorous imprisonment. In the result, the appeal is dismissed and the Rule is made absolute in above terms. Ed. This Case is also Reported in:42 DLR (HCD) (1990) 171. ......nced to 5 (five) years rigorous imprisonment. In the result, the appeal is dismissed and the Rule is made absolute in above terms. Ed. This Case is also Reported in:42 DLR (HCD) (1990) 171. ...... Reform of the individual in the society and other necessities to prevent recurrence are right factor. Heinousness of the crime is a relevant factor in the choice of sen­tence………………26 Lawyers Involved: Abdul Mottaleb, Advocate - For the Appel­lant.  Golam Mohiuddin, Advoc..

Category: Criminal Law | Date: | Hits: 118

Mohsin Ali Chowdhury Vs. Muzammel Khan & Others, 1989, 18 CLC (HCD)

.... find no ground to interfere with the judgment and decree passed by the learned appellate Court. The rule is discharged without costs. Ed. This Case is also Reported in:42 DLR (HCD) (1990) 167. ...... find no ground to interfere with the judgment and decree passed by the learned appellate Court. The rule is discharged without costs. Ed. This Case is also Reported in:42 DLR (HCD) (1990) 167. ......iyayi Ammal and others Vs. Aranachala Pandaram A JR. 1956 Madras 584;Abdul Gafur @ Sana Mia Vs. Abdus Sailer and another 11 DLR 97; Siddiqur Ahmed and another Vs. Abdul Hamid and others 9 DLR 262. Lawyers Involved: Issaque Gaznabi, Advocate—For the Petitioner. S.K. Sinha, Advocate—For ..

Category: Civil Law | Date: | Hits: 189

Arshad and others Vs. State and another, 2010, 39 CLC (HCD)

....ng been acquitted under section 248 Cr.P.C. on the basis of withdrawal petition of complaint, shall stands as a legal bar for the purpose of initia­ting the impugned 2nd complaint proceeding. The principle of double jeopardy as contemplated under section 403 Cr.P.C. comes to operate only when of......rder passed in connection with the Rule sands vacated. Send a copy of the judgment and order to the concerned Court below at once. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 233. ......ing under section 249 Cr.P.C. are only excluded from the preview of section 403, while acquittal is not.……………(14) Case Referred to- Dewan Obaidur Rahman Vs. State, 19 BLD (AD) 128. Lawyers Involved: Md. Kofiluddin Khan, Advocate - For the Petitioners.  Mohammad Ali with..

Category: Procedural Law | Date: | Hits: 108

Jahirul Islam (Md.) Vs. Rokeya Begum and others, 2009, 38 CLC (HCD)

....of the rule stands vacated. Send down the lower Court record together with copy of the judgment to the Courts below expeditiously. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 225. ......of the rule stands vacated. Send down the lower Court record together with copy of the judgment to the Courts below expeditiously. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 225. ......et aside………………(15) Cases Referred to- Mohiuddin Mollah Vs. Province of East Pakistan, 14 DLR (SC) 112;Hakim Mia, 43 DLR 360;43 DLR 360; Ezher Meah Vs. Shaker Banu, 2 BLC (AD) 30. Lawyers Involved: Nikhil Kumar Saha, Advocate - For the Petitioner.  Harendra Nath Nandi, wit..

Category: Civil Law | Date: | Hits: 153

Abul Hashem Vs. Mahmuda Khatoon & another, 2012, 41 CLC (HCD)

..... 50. The issue of past maintenance, in a similar situation, was considered by our apex Court in the case of Jamila Khatun Vs. Rustam Ali, reported in 4 BLT (AD) 97 - 48 DLR (AD) 110, para-32. The principle was laid down in the follow terms:— "32. The wife, therefore, can claim past maintena......h and the learned Assistant Judge and Family Court, Fulbaria, Mymensingh along with the lower Court records. No order as to costs. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 494. .............Petitioner Vs. Mahmuda Khatoon & another…….........................Opposite Parties Judgment December 12, 2011. Result: The Rule is disposed of. The Muslim Family Law Ordinance, 1961 (Ordinance No. VIII of 1961), section 7 Talaq given without sending notice to..

Category: Family Law | Date: | Hits: 246

Nur Mohammad Vs. Serajul Islam and others, 2012, 41 CLC (HCD)

....of law that title on the basis of the subsequent sale deeds will take effect from the date of agreement for sale it possession is delivered in past performance of the agreement." 13. It is settled principle that the concurrent findings of facts cannot be interfered within in revisional Jurisdicti....... The order of stay granted earlier by this Court is hereby recalled and vacated. Send down the Lower Court's Records at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 491. ......ere with in the revisional Jurisdiction………………(13) Cases Referred to- Abdus Samad Khan Vs. Wajed Ali Fakir, 44 DLR 495; Shambhu Nath Poddar Vs. Bangladesh Railway, 43 DLR (AD) 83. Lawyers Involved: Nikhilesh Dutta, Advocate - For the Petitioners.  AB Roy Chowdhury with..

Category: Property Law | Date: | Hits: 134

Md. Monowarul Hoque Vs. Government of the People's Republic of Bangladesh, and others, 2007, 36 CLC (HCD)

....us quo granted earlier at the time of issue of the Rule on 15.12.02 is hereby recalled and vacated. Send down the records at once. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 273. ......us quo granted earlier at the time of issue of the Rule on 15.12.02 is hereby recalled and vacated. Send down the records at once. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 273. ......ing a declaration that the record of rights that was wrongly prepared in respect of the suit land in the name of the government. Such wrong record of rights cannot be allowed to continue to exist. Lawyers Involved: Md. Harun-or-Rashid - For the petitioner. Md. Omar Faruque, Deputy Attorney ..

Category: Property Law | Date: | Hits: 100

Anwar Hossain (Md.) and others Vs. State and others, 2003, 32 CLC (HCD)

....rder under section 3 of the Special Powers Act would be illegal unless the authority makes a lawful order. If a habeas corpus petition is filed, the Court may release the detenu since the fundamental principle is that a person cannot be deprived of his liberty on the basis of an arbitrary exercise o......strict Magistrates, Dhaka, Chittagong and Khulna, by postal guaranteed service for their Guidance and to act in accordance with law. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 643. ......adesh, 31 DLR (AD) 1; Bangladesh Small Industries Corporation Vs. Mahboob Hossain Chowdhury, 29 DLR (SC) 41; Haradhan Saha Vs. State of WB, AIR 1974 SC 2154; Aminul Islam Vs. Bangladesh, 44 DLR 1. Lawyers Involved: None appears-For the Petitioner (In Criminal Miscellaneous Case No.1246 of 2003..

Category: Criminal Law | Date: | Hits: 114

Muhibur Rahman Manik and others Vs. Bangladesh and others, 2003, 32 CLC (HCD)

....here it was transferred to the Tribunal. No provision has been made in the Ain to the effect that the case shall be concluded at any cost within the specified time by giving go-bye to the established principles of trial causing prejudice to an accused…………………………(27) Cases Refer......ion of law. In the result, the Rules are discharged without any order as to cost. The orders of stay granted earlier are vacated. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 636. ......trial causing prejudice to an accused…………………………(27) Cases Referred to- State of West Bengal Vs. Anwar Ali and others, AIR 1952 SC 75; Waris Mea Vs. State, 9 DLR (SC) 117. Lawyers Involved: M Amir‑ul Islam with Ms. Tania Amir, Dr. Shirin S Chaudhury and Shamsul Hasan..

Category: Criminal Law | Date: | Hits: 177

Md. Momtaz Uddin Vs. Sreemoti Bimala Rani Roy @ Bigini Roy and others, 2008, 37 CLC (HCD)

....dated 27.4.2002 by appellate Court in T.A. 154/97 be recalled. L.C records along with copy of the judgment be sent down accordingly. Ed. This Case is also Reported in: 18 BLT (HCD) (2010) 1. ......dated 27.4.2002 by appellate Court in T.A. 154/97 be recalled. L.C records along with copy of the judgment be sent down accordingly. Ed. This Case is also Reported in: 18 BLT (HCD) (2010) 1. ......a Rani Roy @ Bigini Roy and others………………………..Opposite parties Judgment December 1, 2008. Result: The Rule is discharged. Case Referred to- 43 DLR (AD) page 78. Lawyers Involved: Sk. Md. Morshed, Advocate - For the petitioner S. N. Goswami, Advocate - Fo..

Category: Procedural Law | Date: | Hits: 118

Md. Atiqur Rahman @ Milon and others Vs. State, 2009, 38 CLC (HCD)

....ction of the Court on further undertaking to produce the same to the Court on and when directed by the Court. Communicate at once. Ed. This Case is also Reported in: 18 BLT (HCD) (2010) 409. ......ction of the Court on further undertaking to produce the same to the Court on and when directed by the Court. Communicate at once. Ed. This Case is also Reported in: 18 BLT (HCD) (2010) 409. ......d to produce the same in the Court on and when directed by the Court and petitioners have to furnish requisite bank guarantee to the satisfaction of the Court…………………………….(23) Lawyers Involved: Illius Ahmed - For the petitioners. Nizamul Haque Nizam, Assistant Attorney-..

Category: Procedural Law | Date: | Hits: 142

Md. Abdul Mazid Miah Vs. Sree Shuvendu Sekhor, 2010,39 CLC (HCD)

.... case No.19 of 1993 within two months from the date of receipt of this order. Office is directed to communicate the order at once. Ed. This Case is also Reported in: 18 BLT (HCD) (2010) 413. ...... case No.19 of 1993 within two months from the date of receipt of this order. Office is directed to communicate the order at once. Ed. This Case is also Reported in: 18 BLT (HCD) (2010) 413. ......, the concurrent findings of the Courts below are not liable to be disturbed by the High Court Division in exercise of power under section 115(4) of the Code of Civil Procedure……………..(9) Lawyers Involved: M. B. Taz Mohammad, Advocate, Md. Toufiq Inam, Advocate - For the opposite part..

Category: Procedural Law | Date: | Hits: 163

Foyez Ahmed and others Vs. Uttara Bank and others, 2002, 31 CLC (HCD)

.... Court is directed to dispose of the application under Order XXI rule 58 in accordance with law on merit. Communicate this order. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 635. ...... Court is directed to dispose of the application under Order XXI rule 58 in accordance with law on merit. Communicate this order. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 635. ......ed Executing Court is not a Speaking one and the same cannot be maintained in the eye of law. The petitioner has a right to know as to why his application has been rejected………………..(4) Lawyers Involved: M Enayetur Rahim for Md. Momtajuddin Fakir, Advocate-For the Petitioners. Ab..

Category: Procedural Law | Date: | Hits: 128

Dr. Md. Mofizur Rahman and others Vs. Md. Bashirullah and another, 2003, 32 CLC (HCD)

.... court of Metropolitan Magistrate, Dhaka is hereby quashed. Communicate the order to the Court of Metropolitan Magistrate, Dhaka. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 630. ...... court of Metropolitan Magistrate, Dhaka is hereby quashed. Communicate the order to the Court of Metropolitan Magistrate, Dhaka. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 630. ......r sections 138 and 141 of the Act arises only for once. …………..(10) Cases Referred to- Habibur Rahman Howlader Vs. State 55 DLR 199; Habibur Rahman Howlader Vs. State 53 DLR (AD) 111. Lawyers Involved: Md. Ali Akonda, Advocate-For the Petitioners. MA Gaffar, Advocate–For the ..

Category: Civil Law | Date: | Hits: 163

Islami Bank and others Vs. Dewan Md. Yusuf, 2002, 31 CLC (HCD)

....@ 7%. 8. Before us Mr. Abdur Razzaq, appearing for the defendants/appellants, with his traditional eloquence, submitted that the bank's liability is never absolute. As long as the bank follows the principle of "due diligence" and resorts to the required degree of prudence, they are, in the prevai......adoption or estoppel, he cannot debit the customer with any payment made on such document." 16. According to the Queen's Bench Division decision in National Westminster Bank Ltd. Vs. Barclays Bank International Ltd. 1975 QB 654, bank's liability arises not because of any supposed rule that a bank......in any event, may tarnish his image, and hence, the bank's liability may extend to one under the tortious law of defamation, subjecting it to pay substantial damages………………………(28) Lawyers Involved: Abdur Razzaq with Shafiul Alam Mahmood, Advocates-For the Appellants. Syed A..

Category: Criminal Law | Date: | Hits: 130

Nadira Alam Vs. State, 2010, 39 CLC (HCD)

....ted in 59 DLR 236. 29. In this connection we may also profitable refer the decision in the case of Ali Akkas Vs. Enayet Hossain reported in 27 BLD(AD) 44 wherein their Lordships held: "the settled principle of law is that to bring a case within the purview of section 561A for the purpose of quash...... Bazar for compliance who is directed to dispose the case in the light of observation made in the body of judgment on priority basis. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 218. ......id offence was done. ……………………(27) Cases Referred to- Osman Goni Vs. State, 15 BLD 501; Abdul Alim Vs. Biswajit Dey, 59 DLR 236; Ali Akkas Vs. Enayet Hossain, 27 BLD(AD) 44. Lawyers Involved: Md. Abdul Jalil, Advocate - For the Petitioner.  Sakila Rowshan, Deputy..

Category: Criminal Law | Date: | Hits: 134

Khokan Kumar Saha Vs. Secretary, Ministry of Home Affairs & others, 1989, 18 CLC (HCD)

....in custody in Dhaka Central Jail, be released from custody forthwith if his further detention is not required in any of the connection. Ed. This Case is also Reported in:42 DLR (HD) (1990) 164. ......in custody in Dhaka Central Jail, be released from custody forthwith if his further detention is not required in any of the connection. Ed. This Case is also Reported in:42 DLR (HD) (1990) 164. ......der of ex­tension. Therefore, after the expiry of the initial order of detention on 1.3.89, the further detention being without a lawful order has also been illegal………………………(10) Lawyers Involved: S.S. Halder, Advocate —For the Petitioner. Md. Delwar Hossain, Assistant ..

Category: Criminal Law | Date: | Hits: 74