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Bangladesh Legal Aid and Services Trust (BLAST) Vs. Bangladesh and others, 2010, 39 CLC (HCD)
....at the cost of the Office immediately for information and compliance with the same. However, there would be no order as to costs. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 124. ......he report of this incident was widely published in different dailies and it was criticized by people from all walks of life. Following this incident, petitioner No.1 undertook an investigation with a view to probing into the cause of deaths. It was revealed from the investigation report that a compa..Category: Labour and Industrial Law | Date: | Hits: 163
Md. Altab Hosen and others Vs. Md. Muhammad Ali and others, 2005, 34 CLC (HCD)
....akundia, Kishoreganj is directed to decide the suit on merit within a period of 6(six) months from the date of receipt of this order. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 187. ......4 and the suit has been filed on 19.2.2005. On perusal of the material on record it is very much clear that no prima facie and arguable case is available to restrain the committee from functioning in view of the fact that the committee has started functioning since its first meeting was held on 3.9...Category: Civil Law | Date: | Hits: 107
Md. Abul Mollah and another Vs. State, 2006, 35 CLC (HCD)
....l bond. 27. Send down the lower Courts record at once with a copy of the Judgment for information and for taking necessary action. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 184. ......ants were in absconding. 8. After trial, appellants were awarded conviction and sentence as aforesaid. Hence the appeal. 9. No one appears on behalf, of the appellants to support the appeal. In view of the fact this is an old case we are inclined to take it up for disposal on merit considering..Category: Criminal Law | Date: | Hits: 71
Shah Newaj Chowdhury @ Swapan and others Vs. State and another, 2010, 39 CLC (HCD)
....ted earlier by this Court shall stand vacated. Communicate the order at once to the concerned. Salma Masud Chowdhury J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 371. ......t did not take any step to vacate the order of status quo granted by this Court on 17.09.2008 and this order of status quo is in operation for more then one year and six months. As such we are of the view that ends of justice will be met if the order of status quo be continued till disposal of suit ..Category: Criminal Law | Date: | Hits: 54
M/S. Udayan Board Mills Vs. Janata Bank and another, 2010, 39 CLC (HCD)
....earlier by this Court stands vacated. Communicate this judgment at once. M. Moazzam Husain J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 365; 18 BLT (HCD) (2010) 266. ......Adalat. In the two High Court Division decisions as aforesaid, this decision of our Appellate Division has not been looked into. We on perusal of this decision of our appellate Division, are of the view that the impugned order is not revisable under section 115(1) of the Code of Civil Procedure as..Category: Civil Law | Date: | Hits: 129
State Vs. Arman Ali and another, 2008, 37 CLC (HCD)
....- in default to suffer rigorous imprisonment for 6 (six) months. Send down the L.C.R. at once. Muhammad Abdul Hafiz J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 47. ......only on the basis of surmises and conjectures rather on the legal evidence on record and as such impugned judgment and order of conviction and sentence are unjustified, unwarranted and illegal in view of the facts and circumstances and as such the same is liable to be set aside. 15. Mr. S. ..Category: Criminal Law | Date: | Hits: 106
Ejlash Mia Vs. State, 2010, 39 CLC (HCD)
....tence as per provisions of Section 35 A of the Code of Criminal Procedure. Md. Abdus Samad.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 17; 15 MLR (HCD) (2010) 228. ...... 12. The informant P.W.1 has said corroborating the F.I.R. that on 14.5.1993 at about 1/1-30 hours he along with his companion forces raided the Chowchala Farm House of accused Shamsul Alam with a view to arrest the F.I.R. named accused of Police Station Case No.11(12)92 and from over the ceiling..Category: Criminal Law | Date: | Hits: 90
Md. Siddique Miah Vs. Most. Mazeda Begum and others, 2009, 38 CLC (HCD)
....learned Assistant Judge and Family Court Patharghata allowing an application under section 5 of the Limitation Act in Family Execution Case No.03 of 2008, suffers from an error of law resulting in an erroneous decision occasioning failure of justice. 2. Material facts are that opposite party No......r preferred the instant application and leave was granted for aforesaid consideration. 6. The learned Advocate appearing for petitioner submits that the execution case is barred by limitation in view of the provisions laid down in section 16(3) of the Family Court Ordinance 1985 (briefly as ord..Category: Limitation Law | Date: | Hits: 147
Sarder Mohammad Abdur Rahman and others Vs. Janata Bank and another, 2010, 39 CLC (HCD)
.... Rule is discharged without any order as to cost. Send down the lower Court's record at once. Nozrul Islam Chowdhury J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 356. ......which is pre condition, as such in this case the petitioner's aforesaid application under Order 21 rule 90 of the Code of Civil Procedure is not maintainable. We find also support of the above view in the case of Nur Islam Vs. Agrani Bank reported in 49 DLR (AD) 135. In the result, the Rul..Category: Civil Law | Date: | Hits: 89
Mohammad Badiuzzaman Vs. Bangladesh and Others, 2010, 39 CLC (HCD)
....f 1998, to be stayed. Accordingly, the prayer is refused. There is no order as to costs. Moyeenul Islam Chowdhury J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 208. ......hese two Writ Petitions under Article 102 of the Constitution are premised upon the same and/or similar facts giving rise to questions and issues necessitating their disposal by one Judgment. In that view of the matter, both of these Writ Petitions are hereby taken up together for disposal allowing,..Category: Constitutional Law | Date: | Hits: 314
Jewel Vs. State, 2005, 34 CLC (HCD)
..... 1908 and he is acquitted of the charge. Send down the lower Court's records at once with a copy of the Judgment for information. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 310. ......ving considered the evidence and other materials on record we led to the conclusion that the alleged hand bomb, was not recovered from exclusive control and possession of the accused appellant. So in view of the fact the accused appellant is found not guilty under the charge brought against him and ..Category: Criminal Law | Date: | Hits: 85
Soharaf Uddin alias Soharab Vs. State, 2008, 37 CLC (HCD)
....le thus fails. In the result the rule is discharged. Let the LCR be sent down immediately. Muhammad Abdul Hafiz J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 189. ......ent power to quash any proceeding, Judgment or decision of any Court/Tribunal subordinate to it. But this power must be exercised very sparingly, cautiously and only in exceptional cases keeping in view the facts and circumstances of each and every case. The inherent power, which are in the natu..Category: Criminal Law | Date: | Hits: 99
Chowdhury Ataur Rahman Azad Vs. State, 2009, 38 CLC (HCD)
...., District-Sylhet. Send down a copy of this Judgment to the lower Court for necessary action at once. Md. Imman Ali J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 186. ......(3B) of section 173 Cr.P.C. A Judgment of a Criminal Court is final so far as that Court is concerned and such Court is functus officio after signing the Judgment and has, therefore no power to review, override, alter the Judgment in any manner except where it is otherwise provided by the Code o..Category: Criminal Law | Date: | Hits: 84
Md. Habibur Rahman Chowdhury Vs. State and another, 2010, 39 CLC (HCD)
....of the Rule is hereby vacated. Communicate a copy of this Judgment to the trial Court immediately. AKM Fazlur Rahman J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 182. ...... cheque from negotiable instrument. It simply makes such cheque not negotiable. Therefore, 'account payee' crossed cheque is a negotiable instrument and Government by section 1A of the Act. 14. In view of the discussions made above we find that there is a prima facie case against the accused-peti..Category: Criminal Law | Date: | Hits: 138
....Court, in complaint Case No.450 of 1993. Stay Order granted earlier by this Court is hereby vacated. Send down the LC Records at once.
Ed.
This Case is also Reported in:49 DLR (HCD) (1997) 396.
......sede the Employment of Labour (SO) Act. Therefore, if any provision of the Service Regulations of the FDC is less favourable to the express provision of the Standing Orders Act that provision, in our view, is void ab initio.
16. In reality the contention that the post was probationary stands fals..
Category: Labour and Industrial Law | Date: | Hits: 265
Mizanur Rahman Vs. Surma Khatun, 1998, 27 CLC (HCD)
....ourt is directed to take steps after receiving the records for securing arrest of the petitioner to serve out the remaining sentence. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 559. ......, I am of the opinion that the appellate Court acted beyond its jurisdiction. When sentence of fine is imposed in addition to sentence of imprisonment, this will amount to enhancement of sentence. In view of the provisions of section 423(1)(bb), in an appeal for enhancement of sentence, the appellat..Category: Procedural Law | Date: | Hits: 105
Md. Nurussafa Vs. State and another, 2012, 41 CLC (HCD)
....been stated above, the Rule is discharged. The Court below is directed to deal with the fugitive petitioner in accordance with law. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 80. ...... High Court Division for the first time after submission of police report or after framing of charge by an accused will be "de hors" the law giving rise to judicial indiscipline and anarchy. In any view of the matter, the settled law can not be unsettled. What we are driving at boils down to this:..Category: Criminal Law | Date: | Hits: 99
Abdur Jabbar Sheikh Vs. Md Rafiqul Islam and others, 2010, 39 CLC (HCD)
....side and that of the trial court is restored. However, there shall be no order as to cost. Send the LCR back to the courts below. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 470. ......e purchaser of the suit land so as to take cover upon the provision of section 27 (para b) of the specific relief Act 1877. The argument of the learned Advocate Mr. Gulzer Hossain falls flat. In view of discussion as above this courts finds that the rule has merit which is required to be made a..Category: Property Law | Date: | Hits: 119
....ment the judgment and order complained of without further delay. The order of stay granted earlier by this Court is hereby vacated.
Ed.
This Case is also Reported in: 50 DLR (HCD) (1998) 606.
......bour (SO) Act 1965, his remedy lies under section 25 of the said Act. He further submits that respondent No.2 is not entitled to any benefit including gratuity which is not a part of his wages.
In view of the above, we reproduce below the relevant portions of the related sections of the Payment o..
Category: Labour and Industrial Law | Date: | Hits: 215
Md. Rajib alias Azad Khan Rajib Vs. State, 2011, 40 CLC (HCD)
....r if he misuses the privilege of bail in any manner whatsoever. Office is directed to communicate the judgment and order at once. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 230. ......so, the merit of the case should not be deeply gone into by Court granting bail. Where there is no reasonable ground exist to connect the accused with the crime bail should not be refused. Keeping in view of above settled principles, we are inclined to enlarge the petitioner on bail. Thus Rule havin..Category: Criminal Law | Date: | Hits: 98
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