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....ourt Division
(Special Original Jurisdiction)
Present:
Syed Amirul Islam J
AKM Shafluddin J
SN Goswami, Advocate and another……….Petitioners
Vs.
Government of the People's Republic of Bangladesh and others…………Respondents
Judgment
......ppointment of Mr. Md Gholam Rabbani and Mr. Md. Ruhul Amin as Judges of the Appellate Division is absolutely arbitrary and malafide which has adversely affected the independence of judiciary and everybody of the country irrespective of the Bar, litigant public and the lawyers. He further submitted t..
Category: Constitutional Law | Date: | Hits: 126
Abul Khair Morselin (Md) Vs. Bangladesh and others, 2000, 29 CLC (HCD)
.... Committee or other body including a regional, circle or zonal body of any such trade organization. In this Case, it is also to be noted that the learned Attorney-General appeared on behalf of the Government who is respondent No.1 in the writ petition and he made submissions, inter alia, that the......(c)……………………………. (d) watch and supervise or cause to be watched and supervised, any election held by or for the purpose of electing persons to the Executive Committee or other body including a regional, circle or zonal body of any such trade organization. In this Case, it ..Category: Business or Commercial Law | Date: | Hits: 204
Hasmat Ali Vs. State, 2001, 30 CLC (HCD)
....tion 302 of the Penal Code and, as such, the impugned conviction and sentence are hereby upheld. In the result, the appeal is dismissed. Ed. This Case is also Reported in: 53 DLR (2001) 169. ...... bed sheet. He heard from the people present at the place of occurrence that the convict appellant i.e. the husband of his deceased daughter killed her by inflicting axe-blows on various parts of her body. While the convict appellant ran away from the place of occurrence PW 4 Sachindra Chandra Barma..Category: Criminal Law | Date: | Hits: 27
Khaleda Rahman & another Vs. Integrated Services Limited and others, 1999, 28 CLC (HCD)
....une 8, 1999. Cases Referred To- Karnafully Paper Mills Sramik Karmachari Union Vs. Registrar of Trade Unions, Chittagong and others 41 DLR 262; Brig Khawaja Muhammad Aslam Khan (Retd) Vs. Azad Government of the State of Jammu & Kashmir 1973 PLD 62; Lakshmi Narasimhiah and others Vs. Yalak...... No. 116 of 1999. The Subordinate Judge, 1st Court, Dhaka is hereby directed to dispose of the injunction matter on merit expeditiously. Ed. This Case is also Reported in: 53 DLR (2001) 161. ..Category: Business or Commercial Law | Date: | Hits: 207
Daily Star and Prothom Alo Patrika Vs. State, 2001, 30 CLC (HCD)
....press their personal views on subjects of their choice having public interest. Through these, they can ventilate their grievances and demand redress. The newspaper is the best means through which the Government may know its defects in administration and so correct its ways for well-being of the peop......e Daily Star in its issue of 9-1- 2001 published an article titled “Murder at DB Office. Hearing of Case again adjourned.” The article was relating to murder of Jalal on 25-03-99 whose decomposed body was recovered from a roof-top water tank of office of Deputy Commissioner DB and Deputy Commiss..Category: Criminal Law | Date: | Hits: 189
Mainul Hosein & others Vs. Sheikh Hasina Wazed, 2000, 29 CLC (HCD)
....ch a Rule should be issued. 5. The learned Attorney General, Mr Mahmudul Islam appeared in this matter. At the very outset Court posed a question saying that Mr Attorney-General is part of the Government, part of the Judiciary and the Leader of the Bar of Bangladesh. In what capacity he wante......coming out of the custody and indulge in fresh crimes. She took pain to focus on the system in order to strengthen the system, not to destroy it. If the questioned statements are read without bias, nobody would perceive of any ill motive .No intention to bring down the prestige and authority of the ..Category: Criminal Law | Date: | Hits: 49
Sirajul Islam (Md) and another Vs. Government of Bangladesh & others, 2000, 29 CLC (HCD)
.... Division (Special Original Jurisdiction) Present: Md. Faziul Karim J Md. Abdul Wahhab Miah J Sirajul Islam (Md) and another …….. Petitioners Vs. Government of Bangladesh & others………………. Respondents Judgment Augu......nd the Rule is liable to be discharged on that count also. In the result, this Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 53 DLR (2001) 127. ..Category: Criminal Law | Date: | Hits: 101
Syed Mustafizur Rahman Vs. State, 2001, 30 CLC (HCD)
....store keeper in- charge of Family Planning Office, Nalchity produced an indent before Mr. Moqbul Hossain, District Family Planning Officer, Jhalakati on 2-3- 1985 and received delivery of 27 items of Government Property including Shari, Lungi and medicine, etc. worth Taka 64,803.00 on 18-4-1985 for ......arge leveled against him and he is acquitted of the charges. Let him be discharged from the bail bond. Send down the records at once. Ed. This Case is also Reported in: 53 DLR (2001) 125. ..Category: Criminal Law | Date: | Hits: 42
Abdul Abedin Abdul Vs. State, 2000, 29 CLC (HCD)
....me and he was not aware that he was implicated in the Case. The petitioner was arrested on 6-11-1999 under section 54 of the Code of Criminal Procedure and that he was released at the instance of the Government on 16-3-2000. Thereafter, on 25-3-2000 when he voluntarily appeared before the Court on t......efore the Magistrate, 1st Class, Sylhet under section 6 of the Extradition Act, 1974. In the result, the Rule is discharged. Ed. This Case is also Reported in: 53 DLR (2001) 109. ..Category: Criminal Law | Date: | Hits: 87
Hussain Mohammad Ershad Vs. State and others, 2000, 29 CLC (AD)
....s. 49, 49A, 49B, and 49C within Kawran Bazar Commercial Area including the building/structures thereon known as Janata Tower is maintained. Ed. This Case is also Reported in: 53 DLR (2001) 102. ......12 others to accused No.1 stating that they were the affected persons and also highest bidder and praying for allotment of the said plots No.49 and 49A. On 28- 8-1989 accused No.1 passed order on the body of the said application for allotting the two plots to the said applicants at the price which w..Category: Property Law | Date: | Hits: 33
Mosharaf Hossain (Md) @ Mash Vs. Bangladesh and others, 2000, 29 CLC (HCD)
....such person be detained. (3) When any order is made under sub section (2), the District Magistrate or the Additional District Magistrate making the order shall forthwith report the fact to the Government together with the grounds on which the order has been made and such other particulars as ......of Late Alim Rahman of Village Shyakur PS Maheshpur District Jhenaidah be set of liberty at once if not wanted in any other connection. Ed. This Case is also Reported in: 53 DLR (2001) 100. ..Category: Criminal Law | Date: | Hits: 29
Yasin Mollah and another Vs. State, 2000, 29 CLC (HCD)
....spose of the appeal within 2 (two) months from the receipt of the case recorded by him. Send down the lower Court's records immediately. Ed. This Case is also Reported in: 53 DLR (2001) 99. ......f 1990 are set aside and the case is sent back on remand to the learned Additional Sessions Judge, Faridpur for a fresh hearing in accordance with law and in the light of the observations made in the body of the judgment. In view of the fact that this is very old case, the learned Additional ..Category: Criminal Law | Date: | Hits: 60
Arabinda Das Vs. Sura Bala Das and others, 1999, 28 CLC (HCD)
.... The order of stay granted at the time of issuance of the Rule stands vacated. Communicate the order to the Court below at once. Ed. This Case is also Reported in: 53 DLR (2001) 97. ......ity, legal infirmity and flagrant error of law warranting any interference by this Court in the exercise of revisional authority under section 115 of the Code of Civil Procedure. 5. The entire body of procedural law is meant for advancement of the cause of justice and not to pose any technica..Category: Property Law | Date: | Hits: 28
Abul Hossain and others Vs. Bangladesh and others, 2000, 29 CLC (HCD)
....authority and thus of no legal effect. 2. Shortly, the case of petitioner Abul Hossain Khan, son of Sultan Khan is that he got lease of the plot No. 16/14, Block-C, Mohammadpur, Dhaka from the Government for a period of 99 years at a salamee of Taka 1701.00 in the year 1963 and the lease deed......thority and is of no legal effect. The respondents are directed to delete the building in question from the list of abandoned buildings. Ed. This Case is also Reported in: 53 DLR (2001) 94. ..Category: Property Law | Date: | Hits: 18
Arif Rahman Vs. Commissioner of Customs and others, 1998, 27 CLC (HCD)
....o the effect that the public interest imposition of the customs duty or excise duty is made in the Bill. Section 3 reads: “3. Where a Bill to be introduced in the Parliament on behalf of the Government provides for the imposition or increase of a duty of customs or excise, the Parliament ma......, we are of the opinion that petition is liable to be rejected. Accordingly, we reject this petition without an order as to cost. Ed. This Case is also Reported in: 53 DLR (2001) 76. ..Category: Fiscal/Taxation Law | Date: | Hits: 65
Aleya Begum and others Vs. Bangladesh and others, 2000, 29 CLC (HCD)
.... Dhaka City were discussed and decision was taken for developing facilities for sanitation, health care, water supply and medical treatment of slum dwellers (Annexure-B) and that an agreement between Government of Bangladesh and United Nations Capital Development Fund was executed for re-settlement ......President’s Order 85 of 1972. “Section 5. Eviction of unauthorised occupant.- (1) If the Deputy Commissioner, on his own motion or on the complaint of or upon information received from any body or a local authority is satisfied after making such inquiry as he thinks fit, that a person is ..Category: Property Law | Date: | Hits: 60
Nurul Islam Monzoor Vs. State and another, 2000, 29 CLC (HCD)
....accused-petitioner is legally entitled to bail under section 339C (4) of the Code, and that the accused- petitioner being a highly respected personality of the country, a former State Minister of the Government of the People’s Republic of Bangladesh, there is no chance of his avoiding the trial, i......ail (opposite party No. 2) for information and compliance and also to the learned Metropolitan Sessions Judge, Dhaka for compliance. Ed. This Case is also Reported in: 53 DLR (2001) 59. ..Category: Criminal Law | Date: | Hits: 26
Jarina Khatun & others Vs. Gani Howlader & others, 2000, 29 CLC (HCD)
....he Second Court of Munsif at Barisal and the said Title Suit was re-numbered as 264 of 1984 in the Court of Assistant Judge at Bakhergonj on transfer. The said suit was decreed on contest against the Government and defendant Nos. 5 and 6 declaring VP Case No.43 of 1980 as illegal and without any law...... observations, if necessary, on further evidence as may be adduced by the parties. The Court would abide by the ultimate result of the suit. Ed. This Case is also Reported in: 53 DLR (2001) 53. ..Category: Property Law | Date: | Hits: 22
Sonali Bank and others Vs. Md. Jalaluddin and another, 2000, 29 CLC (HCD)
....Mahbub, an officer of the Corporation was on 31-05-73 dismissed under the service rules pursuant to a decision of the Board of Directors and in consideration of first Screening Board appointed by the Government. He successfully challenged his dismissal in an application under Article 102(2) of the C......not actionable for the purpose of reinstatement in the office, and (e) Terms and conditions of service prescribed by the rules, regulations or any other form of delegated legislation made by a body under statutory powers are not contractual, but have statutory force and the dismissal or termi..Category: Administrative Law | Date: | Hits: 165
Moshiur Rahman (Md.) Vs. State, 2000, 29 CLC (HCD)
....ass Magisterial power of the petitioner should not be restored with effect from .10-1999, the date of withdrawal of his such power by the order dated 11-10-1999, passed by the Establishment Division, Government of Bangladesh (Annexure-A to the petition). 2. The Case of the petitioner, in brie......absolute. Let copies of this judgment and order be forwarded to the learned Sessions Judge and the petitioner for their future guidance. Ed. This Case is also Reported in: 53 DLR (2001) 42. ..Category: Criminal Law | Date: | Hits: 29
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