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....he learned Advocate appearing for the petitioner, assails the detention of the detenu only on one ground submitting that the grounds of detention were not served on the detenu within 15 days from the date of his detention as enjoined by section 8(2) of the Special Powers Act, 1974 and, as such, his ......District Dhaka now detained in Dhaka Central Jail be released at once unless his further detention is required in any other connection.
Ed.
This Case is also Reported in: 49 DLR (HD) (1997) 63.
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Category: Criminal Law | Date: | Hits: 105
Abdur Rahman and others Vs. Abdus Sattar and others, 1995, 24 CLC (HCD)
....ocate‑For the Opposite Party. Civil Revision No.2771 of 1992. Judgment Syed JR Mudassir Husain J. - This Rule under section 115 of the Code of Civil Procedure is directed against the order dated 9‑7‑92 passed by the learned Assistant Judge, Saturia (Sadar) Manikganj in Title Suit No.6......o adjudicate upon and settle all the questions involved in the suit. The learned court below having failed to consider the claim of their interest, committed error of law resulting in an error in the decision causing failure of justice. 4. Mrs. Sufia Khatoon, the learned Advocate appearing for th..Category: Property Law | Date: | Hits: 47
Hazi Abdul Hakim Khan Vs. Lal Miah Saiyal alias Lal Miah and others, 2012, 41 CLC (AD)
.... Md. Nurul Islam Chowdhury, Advocate on Record - For Respondent Nos. 1-3. Not represented Respondent Nos. 4-6. Civil Petition for Leave to Appeal No. 191 of 2010 (From the judgment and order dated 18th November, 2009 passed by the High Court Division in First Appeal No.292 of 2006) Judgm......o prove their possession of the suit land, which comprises a part of the homestead of the defendants. 12. We are of the view that the High Court Division has given cogent reasons for coming to the decision which was arrived at after elaborate discussion of the evidence and materials on record. Th..Category: Property Law | Date: | Hits: 70
....nt No.4.
Writ Petition No.1067 of 1997.
Judgment
Md. Mozammel Hoque J.- This Rule was issued calling upon the respondents to show cause as to why the impugned Memo No. Sha. 15/2 Rabi-1/97/31 dated 16-2-97 purported to have been issued by Mr. Abdullah Harun Pasha, Secretary, Ministry of Educ......ged. It was observed by a Division Bench of this Court in that case that in an emergency the Vice-Chancellor has the power even to terminate the service of a teacher appointed on probation before the decision of the Syndicate. The Court cannot enquire into the existence of emergency or propriety of ..
Category: Employment/Service Law | Date: | Hits: 158
Bangladesh Agricultural Development Corporation Vs. Md. Abdur Rashid and others, 2012, 41 CLC (AD)
....ot represented - Respondents (In Civil Petition No. 78 of 2011). Civil Petition for Leave to Appeal Nos. 2101 of 2010 with 2171 of 2010; 2692 of 2010 and 78 of 2011 (From the judgment and order dated 6th July, 2010; 27th September, 2010 and 8th October, 2009; passed by the High Court Division ......t could not be said that the Memos relating to the petitioners were termination in the garb of voluntary retirement. He finally submits that the High Court Division erred in applying the said earlier decision of the Appellate Division where the facts and circumstances were quite different from those..Category: Employment/Service Law | Date: | Hits: 73
State Vs. Dr. AZM Zahid Hossain and another, 2012, 41 CLC (AD)
....i. Md. Wahidullah, Advocate on Record - For the Respondent No.1. Not represented - For the Respondent No. 2. Criminal Petition for Leave to Appeal No. 57 of 2012 (From the judgment and order dated 5th December, 2011 passed by the High Court Division in Criminal Miscellaneous Case No.23523 o......12. Surendra Kumar Sinha J – I agree. Md. Abdul Wahhab Miah J – I agree. Nazmun Ara Sultana J – I agree. Syed Mahmud Hossain J – I agree. Ed. This Case is also Reported in: ..Category: Criminal Law | Date: | Hits: 92
Siddiqur Rahman and others Vs. Md. Monwar Hossain and others, 2011, 40 CLC (AD)
....ted by Nurul Islam Bhuiyan, Advocate-on-Record-For Respondent No.1. Not Represented-For Respondent Nos. 2-118. Civil Petition for Leave to Appeal No. 135 of 2010 (From the judgment and order dated 26.8.2009 passed by the High Court Division in Civil Revision No.248 of 2003.) Judgment ......submission. In the facts and circumstances of the case, we are of the view that the High Court Division upon correct assessment of the materials on record and appreciation of law arrived at a correct decision. The petition is accordingly dismissed. Ed. This Case is also Reported in: VIII A..Category: Property Law | Date: | Hits: 72
A.M. Nurunnabi Vs. Government of Bangladesh, 2011, 40 CLC (AD)
....Gias Uddin Ahmed, Advocate-on-Record-For the Petitioner. Mahbubey Alam, Attorney General-For the Respondent. Civil Petition for Leave to Appeal No. 1914 of 2009. (From the judgment and order dated 15.7.2009 passed by the Administrative Appellate Tribunal, Dhaka in Appeal No.74 of 2004.) ......in interfering with the judgment of the Administrative Tribunal. This petition merits no consideration which is accordingly dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 750. ..Category: Administrative Law | Date: | Hits: 194
Bangladesh Technical Education Board Vs. Md. Anamul Haque and others, 2010, 39 CLC (AD)
....ner. Md. Zahirul Islam, Advocate-on-Record-For Respondent No.1. Not represented-For Respondent Nos. 2-12. Civil Petition for Leave to Appeal No.100 of 2010. (From the judgment and order dated 11.10.2009 passed by the High Court Division in Writ Petition No.5789 of 2008.) Order S......ate expectation? III. Whether the finding of the High Court Division to the effect that the Board unanimously decided to retain those posts for filling up by the existing employees pursuant to the decision and the circular dated 27th February, 2008 issued by the Board which is not in existence, c..Category: Employment/Service Law | Date: | Hits: 133
Rafiqul Hossain @ Ranaesh and another Vs. Lal Mohan Saha and others, 1991, 20 CLC (HCD)
.... For the Petitioners. SS Halder with Rabindra Ghosh, Advocates - For the Opposite Parties. Civil Revision No. 287 of 1986. Judgment AM Mahmudur Rahman J.- This Rule arises out of an order dated 24.12.85 passed by the Subordinate Judge, Netrakona in Misc. Appeal No. 89 of 1984 affirming t......ate Judge without recording a definite date as to when the order of temporary injunction was disobeyed by the petitioners in cutting away the paddy committed error of law resulting in an error in the decision occasioning failure of justice. Secondly, he submits that the petitioner 2 was added in tha..Category: Criminal Law | Date: | Hits: 90
Kibria and Associates Ltd. Vs. Bangladesh Agricultural Development Corporation, 1992, 21 CLC (HCD)
.... Miss Nihad Kabir Advocates ‑ For the Respondent. First Miscellaneous Appeal No. 695 of 1991. Judgment AM Mahmudur Rahman J.- This First Miscellaneous Appeal is from the Judgment and order dated September 26th, 1991 of the learned Subordinate Judge, Third Court Dhaka made in Title Suit No......e issue and addresses the Court on the development of law on the power of the Arbitrator to award interest with the growth of the industrial and trade activities in the recent times. He says that the decisions made in the last century was conservative in nature and the law has assumed a liberal dime..Category: Alternative Dispute Resolution | Date: | Hits: 156
....ates-For the Opposite Parties.
Civil Revision No. 4430 of 2002.
Judgment
MA Wahhab Miah J.- This Rule was issued calling upon the opposite parties to show cause as to why the impugned order dated 8‑6‑2002 passed by the Senior Assistant Judge, Sirajdikhan, Munshigonj in Title Suit No.12......ality of the show cause notice issued by the Board as to why the Managing Committee of the school should not be dissolved has been challenged, have committed error of law resulting in an error in the decision occasioning failure of justice in not rejecting the plaint.
In support of his contentio..
Category: Employment/Service Law | Date: | Hits: 66
....lawful manner and/or pass such other or further order or orders passed as to this Court may seem fit and proper.
2. The detenu was arrested on 30‑10‑2003 in connection with Mongla PS Case No.5 dated 9‑10-03 and while in custody the order of detention was passed on 4‑11‑03 by the Distr...... to the State Government within the time specified by section 10(1) of the Act. Evidence against the detenue placed before the Advisory Board is not tested in the normal way by cross-examination; the decision of the Advisory Board is essentially different in character from a judicial or quasi-judici..
Category: Criminal Law | Date: | Hits: 64
AKM Haroon‑or‑Rashid & another Vs. AKM Mostafa Kamaluddin and others, 2001, 30 CLC (HCD)
....id Alam Khan, Advocate-For the Opposite Parties. Civil Revision No. 3931 of 1999. Judgment SM Hossain J.- This Rule at the instance of the defendant-petitioners is directed against the order dated 20‑9-1990 passed by the learned Assistant Judge, 5th Court, Dhaka in Title Suit No.80 of 1...... The learned Assistant Judge is directed to dispose of the application filed by the defendant petitioners under section 8C of the Court-Fees Act in accordance with law, taking into considerations the decisions reported in 22 DLR 646 and 28 DLR 392 within one month from the date of receipt of the jud..Category: Civil Law | Date: | Hits: 68
Emdadul Hoque Vs. State, 2004, 33 CLC (HCD)
....riminal Appeal No. 1337 of 1998. Judgment Md. Hassan Ameen J.- This Criminal Appeal, at the instance of sole accused-appellant namely, Emdadul Hoque, is directed against the judgment and order, dated 4‑5‑1998, passed, by the learned Sessions Judge, Lalmonirhat, in Sessions Case No. 12 of 1......of the prosecution witnesses, impugned judgment and other material papers/documents as available in paper-book and submits that this is a case of no evidence, but the learned trial Court arrived at a decision on guess and surmise. He further submits that the learned trial Court most illegally disbel..Category: Criminal Law | Date: | Hits: 76
Abdul Mannan Bhuiyan (Md.) Vs. University of Rajshahi and others, 2004, 33 CLC (HCD)
....ion that he would have secured first class on an average in the LLB(Hon's) Examination but for his poor marks secured in 13th paper, he could not get such First Class. It appears that his application dated 24‑10-2000 to the Vice Chancellor of the University (Annexure C) for re‑examination of t......ding the application of the petitioner a cost should be imposed. In the result, the rule is made absolute with a cost of Taka 5,000 only. Ed. This Case is also Reported in: 57 DLR (2005) 14. ..Category: Others | Date: | Hits: 157
Fazlur Rahman (Md) Vs. Md. Abdul Hamid, Advocate and others, 2002, 31 CLC (HCD)
....e Article below for proper appreciation of the argument of both the parties. "67. (1) A Member of Parliament shall vacate his seat‑ (a) if he fails, within the period of ninety days from the date of the first meeting of Parliament after his election, to make and subscribe the oath or affirm......h a situation provision has been made in sub-rule (3) of Rule 5 of the Rules of Procedure and, as such, this Rule is not inconsistent with the provisions of the Constitution. 8. Before we give our decision on the question raised, we like to dispose of a preliminary objection raised on behalf of t..Category: Constitutional Law | Date: | Hits: 242
....s. In Writ Petition Nos. 6320 of 2002 and 728 of 2003 the petitioners have also impugned Rule 10 of the Muslim Marriages and Divorces (Registration) Rules, 1975 as amended vide SRO No, 289-Ain/1997 dated 31‑12‑1997. In Writ Petition No. 2562 of 2003 the petitioner has impugned the aforesaid Ru......il the area of a Nikah Registrar without following any procedure and at the sweet will of the Executive, by abusing its discretionary power. In support of their submissions, they have relied upon the decision of this Court in the case of Dr. Nurul Islam Vs. Bangladesh reported in 33 DLR (AD) 201. Th..
Category: Civil Law | Date: | Hits: 70
Abdus Salam (Md) Vs. University of Rajshahi & others, 2004, 33 CLC (HCD)
..... - This Rule Nisi was issued at the instance of one Md Abdus Salam, calling upon the University of Rajshahi and others to show cause as to why the order of dismissal (Annexure N (1) to the petition) dated 7‑5‑2001 under the signature of respondent No. 4, dismissing the petitioner from service o......e respondent No, 4 vide his letter No. 1040(2)Ra/47 dated 6‑9‑2000, requested the petitioner to nominate representative on his (petitioner) behalf to the said committee. That in compliance of the decision of the Syndicate, the Registrar of the Rajshahi University, by his letter No. 1142/Ra/47 da..Category: Employment/Service Law | Date: | Hits: 60
Padma Oil Co. Ltd. Vs. Registrar of Trade Unions & another, 2003, 32 CLC (HCD)
....of 2001. Judgment Salma Masud Chowdhury J. - This Rule Nisi was issued calling upon the respondents to show cause as to why the order contained in the impugned letter No. RTU/CAB (539)/2001/699 dated 9‑9‑2001 issued by the Registrar of Trade Unions, Government of Bangladesh Respondent No.1......he prayer of the petitioner for cancellation of registration of respondent No.2 Trade Union (respondent No. B‑48) in accordance with law. Ed. This Case is also Reported in: 56 DLR (2004) 438. ..Category: Labour and Industrial Law | Date: | Hits: 158
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