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....f Engineering and Technology (BUET) calling upon the respondents, Director of Students Welfare and Member‑Secretary, Vice Chancellor and the University itself to show cause as to why impugned order dated 16‑8‑95 (Annexure‑C) taking disciplinary action against the petitioner should not be dec...... Papers recovered from the petitioner in the toilet room were also examined and then the meeting was adjourned to 15‑8‑95 for hearing the statements of the concerned teachers and for taking final decision in the matter. From the proceedings of the said Board dated 15‑8‑95 it appears that the..
Category: Civil Law | Date: | Hits: 85
Dr. Ahmed Sharif Vs. State and another, 1994, 23 CLC (HCD)
....s behalf on 5-9-93 but before he could reach the Court, a 3rd summon was ordered to be issued directing the accused petitioner to appear either personally or through his lawyer on 5-10-93. This order dated 5‑9‑93 was noted by the lawyer Mr. Md. Mahmud Hasan Talukder as it appears from the record......some words which were not originally there. 7. We are not concerned much with all the allegations in the petition of complaint and the defence set up by the accused petitioner. The main points for decision are two, namely, whether the instant petition of complaint is barred in view of section 196..Category: Criminal Law | Date: | Hits: 70
Golam (Md.) Abdul Awal Sarker and others Vs. State, 1996, 25 CLC (HCD)
....eeding being Special Case No.136 of 1994 pending against the accused petitioners in the Court of the Additional Sessions Judge, 5th Court and Special Judge, Dhaka arising out of Gulshan PS Case No.17 dated 5-1-94 under sections 467/468/471/109 of the Penal Code read with section 5(2) of the Preventi......nd 2 are private individual who may be tried under normal law and not by Anti Corruption Act. Since the proceeding against the petitioner No.3 is liable to be quashed, we hold in concurrence with the decision reported in 47 DLR 521 that private persons cannot be tried under sections 4(2) and 5(2) An..Category: Criminal Law | Date: | Hits: 105
Mahmudul Hoque and 5 others Vs. Nowab Ali Chowdhury and 18 others, 1985, 14 CLC (HCD)
....evision No.5695 of 1991(Dhaka) Civil Revision No.136 of 1990 (Chittagong) Judgment Kazi Ebadul Hoque J.- This Rule at the instance of the plaintiff-petitioners is against judgment and decree dated 12-5-1990 passed by the Subordinate Judge, Chittagong in Other Appeal No.207/1978/78/78 allowi......hs from the date of receipt of the lower Court record. Let the lower Court record be sent down to the Court concerned expeditiously. Ed. This case is also Reported in: 49 DLR (HD) (1997) 92 ..Category: Civil Law | Date: | Hits: 86
Faiz Ahmed Chowdhury Vs. Arif Ahmed, 1994, 23 CLC (HCD)
....s Rule at the instance of the defendant-petitioner under section 25 of the Small Cause Courts Act was issued calling upon the plaintiff-opposite party to show cause as to why the judgment and order dated 19‑5‑92 passed by the Senior Assistant Judge, Sadar, Comilla in SCC Suit No.10 of 1985 rej......son who is absent and not coming to claim the suit property and that the document is also not in his same. 9. Under the above facts and circumstances of the case, it appears that only question for decision by the SSC court in this case is whether a relationship of landlord and tenant exists betwe..Category: Property Law | Date: | Hits: 59
Sharifuddin (Md.) Vs. Md. Mofizuddin Sarker and others, 1994, 23 CLC (HCD)
....n of No.8, Deogaon Union Parishad Under PS Muktagacha for electing Chairman held on 1‑2-92 was void on the allegations, inter alia, that at the time of scrutiny of the nomination papers of the candidates objection was raised on the validity of the candidature of Opposite Party No.2 Mr. Faizur Rahm......with clause (g) of sub‑section (2) of section 7 of the Ordinance. I am unable to accept the contention of Mr. Bhuiyan that the interest cannot be segregated from loan and loan includes interest. No decision could be placed in support of his contention by Mr. Bhuiyan. The framers of the law used th..Category: Election Law | Date: | Hits: 148
Md. Shamsul Alam Vs. Kanak Chandra Shome and another, 1978, 7 CLC (AD)
....d: Aminul Huq, Advocate-on-Record - For the Petitioner. Not represented - For the Respondent. Criminal Petition for Special Leave to Appeal No. 70 of 1978. (From the judgment and order dated 18-1-1978 passed by the High Court Division in Criminal Reference No. 250 of 1977) Judgme......d appointed the Circle Officer (Rev.) as receiver. On the following day the learned Magistrate after hearing the lawyers of the Second Party stayed the operation of his order till final hearing and decision. 3. As against that order the first party filed a motion in the Court of Sessions Judge ..Category: Criminal Law | Date: | Hits: 69
....
Ahmadur Rahman Khan, Additional Attorney-General, B.B. Roy Chowdhury instructed by B. Hossain, Advocate on Record - For the Respondent.
Criminal Appeal No. 5 of 1978.
(From Judgment and Order dated 23-6-77 passed by High Court in Writ Petition No. 223 of 1977).
Judgment
Kemaluddin Hoss...... authority.
4. Mr. Pal, the learned Counsel appearing on behalf of the detenu has reiterated the grounds on which the leave order has been granted. In support of his contention, he has cited the decision of Jagannath Vs. State of Orissa AIR 1966 (SC) 1140.
5. The question before us, as to th..
Category: Criminal Law | Date: | Hits: 103
Sk. Helal Uddin and another Vs. State, 2010, 39 CLC (HCD)
....he Anti-Corruption Commission. Kazi M. Ejarul Haque, Deputy Attorney General - For the Respondent. Criminal Appeal No. 2940 of 2010 (Against the judgment and order of conviction and sentence dated 24.2.2008 passed by the Special Judge, 6"1 Court, Dhaka in Special Case No. 3 of 2008.) Jud......ct, 2004. Accordingly, lodging of FIR, taking cognizance, initiation of criminal proceedings against the writ-petitioner are unwarranted, unauthorised and without jurisdiction." 19. In view of the decision cited above we find that the proceedings initiated and the charge framed against appellant ..Category: Criminal Law | Date: | Hits: 108
....cord – For the Appellants.
Rafiqul Huq, Senior Advocate, instructed by A. Backkar, Advocate-on-Record – For the Respondents No.1.
Civil Appeal No.7 of 1978.
(From the Judgment and Order dated 25-3-1977 passed by the High Court in F.M.A. No. 128 of 1977).
Judgment
Kemaluddin Hossa......d the claim attracting the arbitration clause. On the contrary, Mr. Rafiqul Huq's argument is equally forceful. He says, it can equally be presumed on the analogy of Mr. Sobhan's argument, that if no decision is taken within the time stipulated, it should be deemed that the claim of the plaintiff ha..
Category: Alternative Dispute Resolution | Date: | Hits: 161
Abu Taleb Vs. State, 1988, 17 CLC (HCD)
....e. After examination of the witnesses the learned Sessions Judge passed the order of conviction and sentence as aforesaid. 5. The question before us is whether the dacoity was committed on the date, at the place and time and in the manner as alleged by the prosecution and whether the prosecut......ther the confession was true. Without verification as to the truth and voluntariness of the confessional statement it is quite unsafe to rely upon such confession." In the instant case the above decision can be profitably applied to ascertain the voluntariness or otherwise of the confession. Si..Category: Criminal Law | Date: | Hits: 84
Sirin Begum Vs. District Magistrate & another, 1989, 18 CLC (HCD)
....ction 54 of the Code of Criminal Procedure read with Section 3(2) of the Special Powers Act, 1974. While in custody, the learned District Magistrate, Lalmonirhat by his Memo No.33 (Confidential Cell) dated 20.4.87 under Section 3(2) of the Special Powers Act directed that the detenu be detained in......aw and definitely not in an arbitrary and whimsical manner. The detenu must know what are the grounds under which he is being deprived of his liberty. It has been consistently held in a number of decisions of the High Court Division and also Appellate Division of our Supreme Court that where a..Category: Criminal Law | Date: | Hits: 66
Abdul Jalil Khondaker & others Vs. Mohd. Mokan & others, 1988, 17 CLC (HCD)
....e J.- This second appeal by the defendants arises out of the decree and judgment passed on 8th September, 1976 by the Subordinate Judge, 1st Additional Court, Sylhet affirming the judgment and decree dated 31.3.1975 passed by the Munsif, 1st Court, Sadar, Sylhet. 2. The respondent opposite partie......iod under section 26 of the Limitation Act, for no right of easement can be acquired by an indeterminate body of persons or people of an area not forming corporation; for this view he relied on the decision in the case of Shafatullah and others Vs. Munshi Ainuddin and others PLD 1964 Dac. 52. Thus..Category: Property Law | Date: | Hits: 58
Tajidullah & others Vs. Sona Miah & others, 1986, 15 CLC (HCD)
....one of the two thatched hut by placing C.I. Sheets and paid rent for the holding up to 1366 B.S. and got rent receipts. He sent the revenue for the period of 1367-1370 B.S. by Money Order No.7063 dated 21.12.63, but it was not accepted. So it cannot be said that the rent was in arrear and the ......nder a wrong impression that the defendants jumped upon the suit land at about or after the auction purchase by the plaintiff. This wrong impression of the Courts below seems to have vitiated the decision arrived at by them. The decision seems to be erroneous and not based on evidence or proper ..Category: Property Law | Date: | Hits: 66
Sultan Ahmed Vs. Golam Mostafa alias Dulal and others, 1987, 16 CLC (HCD)
....1984 under section 107 of the Code of Criminal Procedure. 2. The Criminal Misc. Case No. 15-M of 1984 under section 107 of the Code of Criminal Procedure was initiated by a petition of complaint dated 22.2.84 filed by complainant petitioner in the Court of City Magistrate, Rajshahi on the alleg....... 2,000/- each to the Magistrate concerned for keeping peace for a period of one year from this date. Send down the records at once. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 219...Category: Criminal Law | Date: | Hits: 70
Md. Abdu Mia Vs. The Election Commission & others, 1988, 17 CLC (HCD)
.... Respondent Nos.3 and 4) in the Union Parishads election to the office of Chairman, obtained this Rule Nisi on 12.7.88 calling upon the Respondents to show cause as to why Memo No.2780, Public notice dated 2.4.88, issued by the Respondent No.2 in concurrence with the Respondent No.1, namely Annexure......rdingly, the Rule is discharged without, however, any order as to cost. The Slay order passed on 12.7.88 hereby stands vacated. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 215. ..Category: Election Law | Date: | Hits: 161
AKM Ruhul Amin Vs. Al-haj Abdul Latif & others, 1986, 15 CLC (HCD)
....on No. 95 of 1985. Judgment Syed Misbahuddin Hossain J.- This rule at the instance of the petitioner was issued calling upon the opposite party Nos.1 to 6 to show cause why the impugned order dated 28.1.85 passed by the learned District Judge, Bhola in Election Appeal No.2 of 1984 reversin......Parishad holding that the petitioner secured 1303 votes as against 1286 votes secured by the opposite party No.1. 4. The opposite party No.1 on 17.7.84 preferred an appeal against that aforesaid decision of the Election Tribunal before the District Judge, Bakerganj. The appeal was, however, sub..Category: Election Law | Date: | Hits: 163
....gment
Mustafa Kamal J.- This Rule Nisi obtained under Article 102 of the Constitution of the People's Republic of Bangladesh calls upon the respondents to show cause why the judgment and order dated 11.3.87 passed by the respondent No.1, the Chairman, First Labour Court, Dhaka in Criminal Cas......pugned order is, therefore, without jurisdiction.
In the result, the Rule Nisi is made absolute but without any order as to costs.
Ed.
This Case is also Reported in: 41 DLR (HCD) (1989) 203.
..
Category: Labour and Industrial Law | Date: | Hits: 192
Mostofa Kamal Vs. B. D. Habibullah & others, 1988, 17 CLC (HCD)
....hali refusing to reject the plaint in Title Suit No.87 of 1988. 2. Opposite party-plaintiff B.D. Habibullah instituted the above mentioned suit on 5.4.88 praying for a declaration that the order dated 1.4.88 of the Election Commission dispensing with the necessity for fresh poll at Joygunnessa ......er. 5. Mr. Abdul Quayum, the learned Advocate for the petitioner has urged that the learned Assistant Judge has by rejecting his prayer committed an error of law which has resulted in an erroneous decision occasioning failure of justice. He argues that the election is a process and Poll is a mere..Category: Election Law | Date: | Hits: 207
....Mustafa Kamal J.- This Rule Nisi obtained under Article 102 of the Constitution of the People's Republic of Bangladesh calls upon the respondents to show cause as to why the impugned notification dated 28.4.86 (Annexure E) so far as it relates to the petitioner's house at serial No. 41 under the......tioner may avail of any other alternative remedy as advised.
The Rule is, therefore, discharged but without any order as to costs.
Ed.
This Case is also Reported in: 41 DLR (HCD) (1989) 193.
..
Category: Property Law | Date: | Hits: 171
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