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Labai Pramanik @ Nabab Ali Vs. State, 2005, 34 CLC (HCD)
....peal No.1091 of 1999. Judgment Md. Abdul Wahhab Miah J.-This appeal has been filed by the convict appellant Labai Pramanik @ Nabab Ali against the judgment and order of conviction and sentence dated 30.9.91 passed by the learned Additional Sessions Judge, Pabna, in Sessions Case No.49 of 1990...... summoned as a witness, or recall and re-examine any person already examined at any stage of any inquiry, trial or other proceeding under the Code, if his evidence appears to it essential to the just decision of the case. So the precondition to recall or re-examine a witness is that he or she has al..Category: Criminal Law | Date: | Hits: 80
Md. Arfan Khan Vs. Bangladesh and others, 2012, 41 CLC (HCD)
....iates’ Welfare and Overseas Employment Affairs cancelled his license and forfeited security money deposited against the same by an order as contained in Memo No. 49.008.011.1105.252.2010-372/16 (5) dated 15.9.2011 (annex-C to the writ petition) signed by the Deputy Secretary, Branch-8 of the Minis...... The High Court Division, without entering into merit, made the Rule absolute on the ground that a Senior Assistant Secretary of the Ministry had no authority to pass any such order. Against the said decision, the Government had gone to the Appellate Division and obtained leave. The Appellate Divisi..Category: Constitutional Law | Date: | Hits: 407
Hajee Helal Uddin Ahmed Vs. National Sports Council and others, 2012, 41 CLC (HCD)
....73 of 2012. Judgment Md. Ruhul Quddus J.- This Rule at the instance of a sports organizer was issued to examine the legality of Memo No.এনএসসি/১১৯/এইচ/জেন/২০৯dated 19.1.2012 issued byNational Sports Council (annex-D) nominating seven members in the general b......ions framed by the National Sports Council in exercise of power under section 20A of the said Act confers authority on its Chairman to make such nomination. 11. We have gone through the unreported decision cited by the learned Advocate for the petitioner, wherein the Rule was held to be not maint..Category: Others | Date: | Hits: 94
Category: Others | Date: | Hits: 103
Md. Shawkat Ali Vs. Director General and others, 2010, 39 CLC (HCD)
....salaries from the month of May, 2005 as shown in the Monthly pay Order of May, 2005 and onward. Communicate this judgment at once. Ed. This Case is also Reported in: 18 BLT (HCD) (2010) 303. ......others…………………………Respondents Judgment May 3, 2010. Result: The Rule is made absolute. The right to office one holds and right to draw salaries is vested right. The decision of withholding the payment of Government portion of salary falls on the petitioner by way o..Category: Employment/Service Law | Date: | Hits: 119
Md. Rakibul Islam and others Vs. Anwar Hossain and another, 2009, 38 CLC (HCD)
....9. Judgment Faruque Ahmed J.- This rule at the instance of the plaintiff petitioners was issued calling upon the opposite parties No.1-2 to show cause as to why the impugned judgment and decree dated 24.09.1998 and 29.09.1998 respectively passed by the learned Subordinate Judge, 2nd Court, Sha......as been discharged so the connecting rule in C. Rule No.551(R) of 1999 is also discharged. Send down the L.C. Records immediately. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 395. ..Category: Property Law | Date: | Hits: 103
Md. Akkas Ali Vs. Government of Bangladesh and others, 2010, 39 CLC (HCD)
....am Chowdhury J.- A Rule Nisi was issued calling upon the respondents to show cause as to why the impugned order contained in Memo No. স্থাসবি/ইপ/অভন-০৩/২০৭/৩২৯ dated 23.04.2009 passed by the respondent No.1 and issued under the signature of the respondent No.2......haman, the learned Advocate appearing on behalf of the added respondent No.11, submits that the instant Writ Petition is incompetent in view of the fact that any grievance arising out of a Government decision as to selection of a site for constructing a new Union Parisahd Bhaban can not be examined ..Category: Administrative Law | Date: | Hits: 261
Haji Azizur Rahman and others Vs. Syeedul Haque Chowdhury, 1985, 14 CLC (HCD)
....bsp; Judgment Md. Abdul Jalil J.- This Rule issued at the instance of the accused petitioners calls in question an order dated 16.4.1984 passed by the Assistant Sessions Judge, 2nd Court, Chittagong deemed to have been ap......pose of revisional application under Chapter XXXII of the Code of Criminal Procedure Mr. Mokbul Ahmed, the learned Advocate for the accused petitioners does not press this ground in view of the above decision. 7. The provision of section 241A which has been inserted in Chapter XX of the Code of C..Category: Procedural Law | Date: | Hits: 78
Mostafizur Rahman (Md.) Vs. State, 1993, 22 CLC (HCD)
.... 1991 (Dhaka) Criminal Appeal No.26 of 1990 (Rangpur). Judgment Muhammad Ansar Ali J.- This appeal at the instance of accused Md. Mostafizur Rahman is directed against the Judgment and order dated 28‑1‑1990 passed by Mr. Md. Abdus Samad, Special Judge, Court No.III, Rangpur in Special C......ed person absconds or fails to appear the procedure as laid down in subsection (1) shall not apply and the Court competent to try such person for the offence complained of, shall, after recording its decision so to try such person in his absence." So, before proceeding with the absentiatrial of a..Category: Criminal Law | Date: | Hits: 110
Yunus Molla (Md.) Vs. State, 1995, 24 CLC (HCD)
....etitioner released. The learned Divisional Special Judge acted illegally in not stopping the proceeding and releasing the accused-petitioner inspite of his filing application for the purpose by order dated 22‑2‑90. 3. It appears from the order dated 10‑12‑86 that the proceeding of the cas......Rule is made absolute and the proceedings of Special Case No.500 of 1984 is quashed. Send down the lower Court's records to the Court. Ed. This Case is also Reported in:48 DLR (HCD) (1996) 273. ..Category: Procedural Law | Date: | Hits: 95
Doon Valley Rice Limited Vs. MV Yue Yang and others, 1996, 25 CLC (HCD)
.... so unless authorised by a resolution of the Board of Directors of the company……………………………(18) Once an amendment of the plaint is allowed the amendment will relate back to the date of the institution of the suit. But the Court will be reluctant to allow such amendment which w......is submissions he cited the case of Qanayat Hussin and others Vs. Mt. Sajidunnisa Bibi reported in AIR 190 (All) 499. In paragraph 4 of the Judgment it is observed that: "In a recent Full Bench decision, (Khanhaiya Lal Vs. Panchayti Akhara, AIR (36) 1949 All. 367 FB), of this Court it was..Category: Admiralty Law or Maritime Law | Date: | Hits: 258
Shahinur Begum Vs. Md. Minarul Islam Mondol @ Miton, 1997, 26 CLC (HCD)
....as paid. 3. Trial Court decreed the full amount of dower being Taka 54,500.00 and maintenance per month at Taka 15,00.00 till the period of iddot as the wedlock ended in a divorce on the aforesaid date. The defendant took Other Family Appeal 205 of 1994. The appeal was contested by the plaintiff.......e. There is nothing also as to solenama or agreement as it can be called the result of the salish. While plaintiff testified in the trial Court, she categorically stated that she has not accepted the decision of the salish and it is in her examination‑in‑chief : “সত্য নহে যে,..Category: Family Law | Date: | Hits: 122
State Vs. Secretary, Ministry of Home Affairs and others, 2009, 38 CLC (HCD)
....ave considered the submissions of the learned Advocates, perused the numerous affidavits which have been filed in support by the various parties to this Rule. 10. It appears that on the relevant date there was no provision for buying a ticket and entering into concourse hall in order to go to t......who are alleged to have physically assaulted the victim had their sentences reduced considerably and no reasons have been given for such reduction. Nevertheless, we are not sitting in appeal over the decision of the Court martial and are not in a position to vary the sentence passed by the Court mar..Category: Others | Date: | Hits: 87
Rakibuddin Talukder Vs. Government of Bangladesh and others, 2009, 38 CLC (HCD)
....r the Opposite Party Nos.2(a)-2(m). Civil Revision No.985 of 1991. Judgment Syed Md. Ziaul Karim J.- This Rule calls in question the legality and propriety of the Judgment and decree dated 09-03-1989 passed by the learned Subordinate Jude, Sirajganj, allowing Other Class Appeal No.4......lastly submits that without reversing the finding of facts arrived at by the trial Court, the Court of appeal below allowed the appeal thereby committed an error of law resulting in an error in the decision occasioning failure of justice. 18. Mr. Iqbal Hossain, the learned Assistant Attorney-Ge..Category: Property Law | Date: | Hits: 76
Shahid Mia and another Vs. State and another, 2007, 36 CLC (HCD)
....- For the State. Criminal Appeal No.3024 of 1998. Judgment Md. Muzammel Hossain J.- This appeal at the instance of the accused-appellants is directed against the impugned judgment and order dated 10.11.1998 passed by the learned Assistant Sessions Judge, 1st Court, Kishoreganj in Sessions ......d 222 of the Code of Criminal Procedure while framing charge deprived the accused of proper defence and as such the error has occasioned failure of justice. 15. We may also profitably refer to the decision of the case of Abdur Razzak @ Geda Vs. The State reported in 16 BLD (HCD) 312 wherein it ha..Category: Criminal Law | Date: | Hits: 83
Md. Arman Hossain (Chairman) Vs. State, 2010, 39 CLC (HCD)
....ered on 6.1.2002, corresponding G. R. Case being No.9 of 2002. 3. Thereafter, the police investigated into the case and having found a prima facie case, police has submitted a charged sheet No.334 dated 28.5.02, against the 4(four) accuseds, under section 406/420/34 of the Penal Code and under se...... order of stay granted at the time of the issuance of the rule shall stand vacated. Communicate the order to the court concerned. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 495. ..Category: Criminal Law | Date: | Hits: 116
Ahmed Akbar Sobhan Vs. State, 2011, 40 CLC (HCD)
....minal Procedure filed by the accused petitioner Ahmed Akbar Sobhan @ Shah Alam calling upon the opposite party State represented by the Deputy Commissioner, Dhaka to show cause as to why the Judgment dated 7-7-2008 passed by the Metropolitan Special Tribunal No.2, Dhaka in Foreign Currency Regulatio...... application for quashment under section 561A of the Code of Criminal Procedure has no substance and, as such, the application is liable to be rejected. 17. The Deputy Attorney-General cited the decisions in the case of Mir Mohammad Ali Vs. State reported in 46 DLR 175 and the case of Ayub Ali ..Category: Criminal Law | Date: | Hits: 109
Mohammed Ali Vs. Director, Marine Fisheries Office and others, 2009, 38 CLC (HCD)
....nder Article 102 of the Constitution of the People's Republic of Bangladesh, a Rule Nisi was issued calling upon the respondents to show cause as to why the impugned memo No. Mo-4/Trawler-63/2002/113 dated 27-3-2002 issued by respondent No. 4 directing to place all Nathi to the Minister for taking d...... calling upon the respondents to show cause as to why the impugned memo No. Mo-4/Trawler-63/2002/113 dated 27-3-2002 issued by respondent No. 4 directing to place all Nathi to the Minister for taking decisions (Annexure-D) and letter No. 611 dated 23-2-2009 issued by respondent No. 1 refusing to giv..Category: Civil Law | Date: | Hits: 124
SM Siddiqur Rahman, Advocate Vs. Anti-Corruption Commission and others, 2011, 40 CLC (HCD)
....No.3682 of 2007. Judgment Farah Mahbub J.- Ms. Nahid Mahtab, the learned Advocate appearing on behalf of the Anti Corruption Commission submits that the petitioner challenging the impugned Memo dated 18-2-2007 preferred the instant writ petition by giving Power of Attorney to one Advocate SM S......al Case No.1 of 2007 has already been started implicating the petitioner as accused, which is now pending before the Senior Special Judge Court, Narayanganj. Accordingly, she submits referring to the decision in the case of Anti-Corruption Commission Vs. Dr. HBM Iqbal Alamgir reported in 15 BLC (AD)..Category: Procedural Law | Date: | Hits: 104
Johura Khatun and others Vs. Sajed Ali Khan and others, 2009, 38 CLC (HCD)
..... No one appears - For Opposite-parties. Civil Revision No.887 of 2008. Judgment Mamnoon Rahman J.- The certified copy of the plaint of Title Suit No.309 of 2004 and the Order dated 13-8-2005 passed by the Joint District Judge, First Court Dhaka be kept with the record. 2.......int of which has been rejected but in the present case in hand the petitioner raises the practice of fraud only in such circumstances the suit is not barred under any law of limitation. Referring the decision reported in 13 BLD (AD) 277 and 11 MLR (AD) 58 he submits that the question of res judicata..Category: Procedural Law | Date: | Hits: 94