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Anwara Rashid and others Vs. Deputy Commissioner, Dhaka and others, 1992, 21 CLC (HCD)
....ent No.3, Chairman Rajdhani Unnayan Kartipakhya, in short, RAJUK required some land for construction of the link road connecting Green Road with Mirpur Road and the Planning Commission in its meeting dated 5.11.88 approved the scheme for 100 feet wide link road over the said building of the petition......aspect and traffic facilities in the matter to make the road straight as far as practicable. 6.36 acres of land was required for the link road including 2.95 acres of private land. But as a result of decision in 62 writ petitions 1.71 acres of land was added increasing the area from 2.95 acres to 4...Category: Property Law | Date: | Hits: 79
State Vs. Md. Shah Nowroj and others, 2011, 40 CLC (HCD)
....ndents. Govt. Criminal Appeal No.26 of 2004. Judgment Md. Ruhul Quddus J. - This appeal under section 10 of the Criminal Law Amendment Act is directed against judgment and order of acquittal dated 30.9.2003 passed by the Divisional Special Judge, Khulna in Special Case No.18 of 2003. 2. ......aded by Dr. Rafiqul Islam was formed to enquire into the matter, but since no expert-member was included in the said committee, he failed to hold any enquiry. Thereafter the University Syndicate took decision to refer the matter to the then Bureau of Anti-Corruption. In pursuance thereto, he (P.W.4)..Category: Criminal Law | Date: | Hits: 97
State Vs. Sheikh Mujibur Rahman and others, 2011, 40 CLC (HCD)
....dents. Govt. Criminal Appeal No. 25 of 2004. Judgment Md. Ruhul Quddus J. - This appeal under section 10 of the Criminal Law Amendment Act is directed against judgment and order of acquittal dated 30.9.2003 passed by the Divisional Special Judge, Khulna in Special Case No.16 of 2003. 2. ......ommittee headed by Dr. Rafiqul Islam was formed to enquire into the matter, but since no expert-member was included in the said committee, he failed to hold any enquiry. Thereafter the Syndicate took decision to refer the matter to the then Bureau of Anti- Corruption. In pursuance thereto, he (P.W.4..Category: Criminal Law | Date: | Hits: 101
State Vs. Sk. Arif Newaz and others, 2011, 40 CLC (HCD)
....ndents. Govt. Criminal Appeal No.24 of 2004. Judgment Md. Ruhul Quddus J. - This appeal under section 10 of the Criminal Law Amendment Act is directed against judgment and order of acquittal dated 30.9.2003 passed by the Divisional Special Judge, Khulna in Special Case No.13 of 2003. 2. ......ommittee headed by Dr. Rafiqul Islam was formed to enquire into the matter, but since no expert-member was included in the said committee, he failed to hold any enquiry. Thereafter the Syndicate took decision to refer the matter to the then Bureau of Anti-Corruption. In pursuance thereto, he (P.W.3)..Category: Criminal Law | Date: | Hits: 86
Dr. Kazi Mozammel Hoque Vs. State, 1992, 21 CLC (HCD)
....ed Advocate appearing for the opposite parties. 3. In the application filed by the petitioner before this Court, the petitioner being the father of the victim girl made grievance against the order dated 17.10.90 passed by the Sessions Judge, Noakhali in Criminal Miscellaneous Case 1041 of 1990 an......cate appearing for the petitioner and Mr. Md. Abdur Rashid, the learned Advocate representing the opposite parties made their respective submissions. Both the learned Advocates have cited a number of decisions of the superior Courts of the sub‑continent in support of their respective contentions. ..Category: Criminal Law | Date: | Hits: 80
Abu Hossain and others Vs. Registrar of Trade Union and others, 1992, 21 CLC (HCD)
....hury J.- This rule arises out of an application under Article 102(2) of the Constitution of the People's Republic of Bangladesh and is directed against an order containing in Memo No.RTU (195) 91 406 dated 25.5.91 passed by the Registrar of Trade Union, Government of Bangladesh refusing registration...... Union and there it comes into conflict with the fundamental right as guaranteed under Article 38 of the Constitution of the People's Republic of Bangladesh. Mr. Saifur Rahman by reference to certain decisions of the Indian Supreme Court namely the case reported in AIR 1962 at page 171 and AIR 1962 ..Category: Labour and Industrial Law | Date: | Hits: 204
Philips Electrical Company Ltd. Vs. Commissioner of Taxes (South) Zone, Dhaka, 1992, 21 CLC (HCD)
.... of the affairs of the assessee company was situated wholly in Pakistan, which according to definition given in the Act, is taxable territory as the previous year ended before March 26, 1971 on which date Bangladesh emerged as an independent state. We also agree with the view of the Tribunal that un......1922. The assessee, on the other hand, urged before the Tribunal that the Deputy Commissioner of Taxes had no jurisdiction to tax the assessee for the previous year ending on 31.12.1970 and cited the decision in the cases of the Imperial Tobacco Company of India Ltd. Vs. CIT PLD 1958(SC) 125 CIT Vs...Category: Fiscal/Taxation Law | Date: | Hits: 109
State Vs. Dipu Mondal, 2010, 39 CLC (AD)
....y General, instructed by B. Hossain, Advocate-on-Record-For the Petitioner. Not Represented-the Respondent. Criminal Petition for Leave to Appeal No.53 of 2009. (From the judgment and order dated 10.6.2008 passed by the High Court Division in Criminal Appeal No.3534 of 2001.) Order S......f the charges and sentenced him to imprisonment for life with a fine of Tk.1000/-, in default to suffer rigorous imprisonment for1 (one) year more. The learned Sessions Judge on consideration of some decisions of this Court while convicting the accused observed that: "Thus the plea of defence abo..Category: Procedural Law | Date: | Hits: 81
Firoz Ali and others Vs. State, 2010, 39 CLC (AD)
.... instructed by Md. Aftab Hossain, Advocate-on-Record- For the Petitioners. Not Represented- the Respondent. Criminal Petition for Leave to Appeal No.350 of 2009. (From the judgment and order dated 12.2.2008 passed by the High Court Division in Criminal Appeal No.1874 of 1999.) Order S......eration. Leave is, therefore, granted on the additional grounds. Preparation of the paper book is dispensed with as prayed for. Ed. This Case is also Reported in: VIII ADC (2011) 264...Category: Criminal Law | Date: | Hits: 71
Nantu Biswas and others Vs. State, 2009, 38 CLC (AD)
.... Senior Advocate instructed by Md.Ibrahim Klialil, Advocate-on-Record-For the Petitioner Not represented-the Respondents. Criminal Review Petition No.26 of 2009. (From the judgment and order dated 03.08.2008 passed by this Division in Criminal Appeal No.28 of 2000 allowing the appeal arisin......al evidence. The learned Deputy Attorney General submitted that the High Court Division discarded the evidence of eye witness of the occurrence without at all discussing the same and in coming to its decision totally misread the post-mortem examination report which caused miscarriage of justice. The..Category: Criminal Law | Date: | Hits: 48
Shahidul @ Buidda and others Vs. Mrs. Anwara Begum and others, 2010, 39 CLC (AD)
....s Involved: Md. Aftab Hossain, Advocate-on-Record-For the Petitioners. Not Represented- the Respondents. Criminal Petition for Leave to Appeal No.220 of 2009. (From the judgment and order dated 19.3.2009 passed by the High Court Division in Criminal Revision No.269 of 2008.) Judgment ......e High Court Division erred in law in failing to appreciate that the learned Additional Sessions Judge accorded permission for withdrawal from the prosecution of the petitioners in pursuance of the decision of the highest level of the government, which order was not a mechanical one. The learned A..Category: Criminal Law | Date: | Hits: 81
State Vs. Md. Anisur Rahman Sheikh, 2010, 39 CLC (AD)
....neral, instructed by B. Hossain, Advocate-on-Record-For the Petitioner. Not Represented-For the Respondent. Criminal Petition for Leave to Appeal No. 51 of 2009. (From the judgment and order dated 16.9.2007 passed by the High Court Division in Death Reference No.54 of 2004 with Criminal App......chua, District-Bagerhat in connection with the case and to admit him on bail to his satisfaction if he makes any prayer in that regard. Ed. This Case is also Reported in: VIII ADC (2011) 246. ..Category: Criminal Law | Date: | Hits: 71
Abdul Jalil Vs. Bangladesh Steel & Engineering Corporation, 1989, 18 CLC (HCD)
....further extension of contract will be with mutual agreement. After completion of probation his services were placed on 5 years contract with effect from 7.10.66 by defendant No. 3, Secretary's letter dated 29.4.69. Thereafter on the expiry of two more consecutive five years term contracts with effec......efendant No. 2 which, according to the plaintiff, were detremental to the Mill itself. Out of grudge defendant No. 2 the Chairman, BSEC got the letter dated 20.4.83 issued to the effect that as per decision of the Board of Directors the plaintiff (MA Jalil, General Manager (Steel), BSEC Dhaka) is ..Category: Employment/Service Law | Date: | Hits: 108
Hossainia Ashraful Ulum Madrassah Vs. Munsur Ahmed (Md.) and others, 1990, 19 CLC (HCD)
....For the Opposite Party. Civil Revision No. 822 of 1985. Judgment AM Mahmudur Rahman J. - This Rule is directed against an order of dismissal of SCC Suit for eviction of the defendant. On the date of peremptory hearing the defendant filed an application for adjournment but the Court rejected......or order made in any case decided by a Court of Small Causes was according to law, may call for the case and pass such order with respect thereto as it thinks fit." Now the question that falls for decision is whether an order of dismissal of a suit for default is covered by the expression "any ca..Category: Procedural Law | Date: | Hits: 104
Category: Labour and Industrial Law | Date: | Hits: 133
Rupali Bank Vs. Haji Ahmed Sabur & another, 1990, 19 CLC (HCD)
....es ‑For the Respondents. Appeal from Original Decree No. 19 of 1986. Judgment Kazi Ebadul Hoque J. - This appeal is at the instance of the defendant No. 1, Rupali Bank against the judgment dated 19.3.86 and decree dated 25‑3.86 passed by the Subordinate Judge, 2nd Court Chittagong in Mo......retain the depositor's money in exercise of its right of general lien under the said section 171 of the Contract Act is to be considered. The learned Advocate for the appellant failed to refer to any decision from any jurisdiction on the point. Depositor's money with the bank is not in the nature of..Category: Civil Law | Date: | Hits: 83
Tripura Modern Bank Ltd. Vs. Sunil Kumar Rajgharia and others, 1990, 19 CLC (HCD)
....arty. Civil Revision No. 215 of 1986. Judgment Kazi Ebadul Hoque J.- This Rule was issued at the instance of decree‑holder petitioner Tripura Modern Bank Ltd., in liquidation against order dated 22.8.85 passed by the Subordinate Judge, 1st Court, Chittagong in Money Execution Case No. 67 .......85 held that the decree passed in the said First Miscellaneous Appeal No. 177 of 1975 was a nullity and as such execution case was liable to be struck out and rejected. The Court below relied on the decision of the Calcutta High Court in the case of Bishnu Bijoy Vs .Chandra Bijoy reported in AIR 19..Category: Civil Law | Date: | Hits: 103
Anwar Hossain Monju Vs. State, 1991, 20 CLC (HCD)
....s papers giving him 7 days to surrender and when that 7 days within which he was directed to surrender had also elapsed and when it came to the knowledge of the Government vide report of DIG. Prisons dated 3.2.1991 that till 31.1.1991 the date within which to surrender, the said person had not surre......the Special Powers Act and section 7 (4) of the National Security Act in India further provides that every "Offence" under section 7(3) for absconding shall be cognizable but to our great surprise no decision on this point not even a reported case on this point could be found out by us or by the bar..Category: Criminal Law | Date: | Hits: 98
Abdul Latif (Md.) and Others Vs. Government of Bangladesh, 1989, 18 CLC (HCD)
....isdiction in respect of them. 3. The petitioners did not prefer any appeal against the aforesaid orders of the Administrative Tribunal under section 6(2) of the said Act within two months from the date of making of the orders. 4. Instead, they preferred two separate Writ petitions on 16.3.87. ......f limitation in preferring appeals to the Administrative Appellate Tribunal. 10. We regret that we are not in a position to do so. If and when the petitioners prefer any appeal against the earlier decisions of the Administrative Tribunal, it will be for the Administrative Appellate Tribunal to ta..Category: Administrative Law | Date: | Hits: 187
Tariq Habibullah Vs. State, 1990, 19 CLC (HCD)
....d, lodged an information with the Sutrapur Police Station claiming that his daughter has been murdered by his son‑in‑law or by someone in her father-in‑law's house and accordingly UD Case No. 8 dated 17.4.80 was started. The SI of Police Kanchan Ali Talukder of Sutrapur PS visited the place of......ust be excluded from our consideration while dealing with the prosecution case and the prosecution is debarred from using the same and taking any benefit out of it but at the same time relying on the decision as reported in 37 DLR 156 we hold that the accused being a privileged person the defence co..Category: Criminal Law | Date: | Hits: 116