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....ers can be made on the illegal plea of applicability of sub‑section (2) of section 20 of the Ordinance No. XX of 1982. Under the circumstance, he submits further that the pension being an accrued right because of their long and satisfactory past services, cannot be taken away by deducting from t......he monthly salary of the petitioner No.4 since March, 2003 and an Audit and Accounts Officer of the respondent No.1, by his letters dated 27‑7‑2003 (Annexure-C series) returned their salary bills for the month of July, 2003, refusing to make payments unless their gross pensions are adjusted. As ......lection is to give an opportunity to the people to exercise their right of franchise so that they can elect their own representatives to their national Parliament. But if the election is not free and fair, they will obviously be deprived of their such basic right. This will go to the root of the ent......already been deducted earlier, on account of pension.
In the result, this Rule Nisi is made absolute but without any order as to costs.
Ed.
This Case is also Reported in: 57 DLR (2005) 113.
..
Category: Employment/Service Law | Date: | Hits: 99
....1994 evidenced by Annexure 'H' to the application is declared to have been issued without any lawful authority and is of no legal effect.
Ed.
This Case is also Reported in: 57 DLR (2005) 109.
......lared to have been prepared without lawful authority and is of no legal effect and why the respondent shall not be directed to prepare a bill of 91200 units and to accept the payment of the said bill forthwith.
2. The petitioner No.1, Daulatpur Ice and Cold Storage Ltd., is a private limited comp......1994 evidenced by Annexure 'H' to the application is declared to have been issued without any lawful authority and is of no legal effect.
Ed.
This Case is also Reported in: 57 DLR (2005) 109.
......e electric line of the said cold storage whereupon the petitioners instituted Title Suit No.14 of 1994 against the respondent to restrain them permanently from disconnecting the electric line but the trial Court refused to grant injunction whereupon the Petitioners filed Title Appeal No.130 of 1995 ..
Category: Others | Date: | Hits: 135
Al-Imran Ali and others Vs. Sudangshu Kumar Banik and others, 2004, 33 CLC (HCD)
....a time for presenting the same. 11. It may be noticed that under the aforesaid rule 9 of Order VIII of the Code no pleading subsequent to written statement can be filed by the party as a matter of right but only with the permission of the court, or the court may require the filing of a written st......ers, against the judgment and order dated 2‑7‑2001 passed by the Assistant Judge, Chirir Bandar, Dinajpur in Title Suit No.7 of 1985 allowing the prayer dated 17‑6‑2001 of the defendant No.30 for order of substitution of the heirs of defendant No.3 and accepting the additional written statem......2001 is hereby set aside. Since it is a long pending suit the trial Court is directed to dispose of the same as expeditiously as possible. Ed. This Case is also Reported in: 57 DLR (2005) 106........30 for substitution of the heirs of defendant No.3 and accepting the additional written statement of the defendant No.30 dated 17-6‑2001 is hereby set aside. Since it is a long pending suit the trial Court is directed to dispose of the same as expeditiously as possible. Ed. This Case is a..Category: Property Law | Date: | Hits: 50
Rezaul Karim Razu Vs. State, 2004, 33 CLC (HCD)
....appeal is dismissed. The stay order granted earlier by this Court is hereby vacated. Communicate this order to the Court concerned at once. Ed. This Case is also Reported in: 57 DLR (2005) 104. ...... 13‑45 hours, accused appellant Rezaul Karim (Razu) was arrested from Latabaria Surjomukhi Tarun Club and one dagger measuring 18" and one razor measuring 8" were recovered from his possession by informant Md. Abdur Rashid, the then Sub-inspector of Police, Barguna Police Station, who lodged a fir......appeal is dismissed. The stay order granted earlier by this Court is hereby vacated. Communicate this order to the Court concerned at once. Ed. This Case is also Reported in: 57 DLR (2005) 104. ......e is required for keeping a dagger and consequently a person cannot be convicted if he is found in possession of such weapon and, as such, set aside the order of conviction and sentence passed by the trial Court. 11. Now let us consider the decisions referred to by the learned Assistant Attorney-..Category: Criminal Law | Date: | Hits: 78
Lalit Kumar Roy and 2 others Vs. Krishnapada Biswas & others, 2002, 31 CLC (HCD)
.... four sons, Ananta, Shumanta, Akun and Bhedu who were duly substituted and were now in possession of said 70 decimals of land. Defendant No.1 has still been possessing the rest of the land in his own right and title for more than 50 years, wherein the plaintiffs had no interest or possession. The ti......275 of 1995 reversing those dated 22‑8-95 of the Subordinate Judge, Court No.1 at Bagerhat passed in Title Suit No. 54 of 1993 and in dismissing the suit. 2. The plaintiffs instituted the suit for partition simpliciter of the suit land measuring about 10.15 acres for a separate joint share of......held. Order of status quo as granted at the time of issue of the Rule on 16-8-99 is recalled and vacated. Send down the records at once. Ed. This Case is also Reported in: 57 DLR (2005) 80. ...... while the defendant No.1 also examined same number of witnesses. Plaintiffs' documents were marked exhibit No.1 to 3 series while those of the defendant No.1 as Exhibit Nos. A to E series. 9. The trial Court decreed the suit as prayed for allotting to the plaintiffs a joint share of 6.10 acres o..Category: Property Law | Date: | Hits: 64
Abdur Razzaque (Md) Vs. State, 2003, 32 CLC (HCD)
....ly, accused-appellant Abdur Razzaque is sentenced thereunder to suffer RI for ten (10) years. Send down the lower Court records at once. Ed. This Case is also Reported in: 56 DLR (2004) 510. ......No. 18 of 1998 convicting accused appellant Md. Abdur Razzaque under section 6(1) of Nari‑o‑Shishu Nirjatan Daman (Bishesh Bidhan) Ain, 1995 and sentencing him thereunder to suffer imprisonment for life. 2. Broad facts relevant for the purpose of the case are that, on the night following on......ly, accused-appellant Abdur Razzaque is sentenced thereunder to suffer RI for ten (10) years. Send down the lower Court records at once. Ed. This Case is also Reported in: 56 DLR (2004) 510. ......3. The police after usual investigation submitted charge-sheet against accused-appellant Abdur Razzaque under section 6(1) of the Nari‑o-Shishu Nirjatan Daman (Bishesh Bidhan) Ain, 1995, to stand trial before the Court. 4. Upon the aforesaid allegations, accused appellant Abdur Razzaque was..Category: Criminal Law | Date: | Hits: 94
Padma Oil Co. Ltd. Vs. SM Nurul Islam and others, 2002, 31 CLC (HCD)
....1 is not applicable in the present case the facts and circumstances being different. He further submitted that the trial Court on consideration of the facts, circumstances and the materials on record rightly and legally decreed the suit and the Courts below committed no error occasioning failure of ......tle Suit No. 285 of 1995 in the Court of the 4th Assistant Judge, Dhaka which was on transfer renumbered as Title Suit No. 146 of 1997 of the Court of the Assistant Judge, 5th Additional Court, Dhaka for declaration that the order dated 7‑7‑1993 passed by the defendant petitioner discharging the...... as to cost. The order of stay granted at the time of issuance of the Rule stands vacated. Send down the lower Court records at once. Ed. This Case is also Reported in: 56 DLR (2004) 505. ......y against plaintiff-opposite party No. 1. With these assertions the petitioner-company prayed for dismissal of the suit. 4. The plaintiff examined 1 PW and the defendant examined 1 DW. The learned trial Court vide his judgment and decree dated 6‑7‑1998 decreed the suit. Being aggrieved by the..Category: Employment/Service Law | Date: | Hits: 122
Mehedi Hasan Vs. State, 2011, 40 CLC (HCD)
....tioner is concerned. The accused is released from the bail bond. Stay granted shall stand vacated. Communicate the order at once. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 361.......Elahi, Assistant Attorney General - For the State. Khurshed Alam Khan, Advocate - For the Anti Corruption Commission (ACC). Criminal Miscellaneous No. 9051 of 2011 (Application u/s 561A CrPC for quashment of proceedings of the Special Case No. 18 of 2007 pending in the Court of Special Judg......tioner is concerned. The accused is released from the bail bond. Stay granted shall stand vacated. Communicate the order at once. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 361.......he Penal Code and section 5(2) of the Prevention of Corruption Act, 1947. He has transferred the said Metropolitan Special Case No. 116(ঝ) 72007 to the Court of Special Judge, Court No.3, Dhaka for trial, wherein it has been renumbered as Special Case No. 18 of 2007. 7. Thereafter the said Cour..Category: Administrative Law | Date: | Hits: 173
Noor Alam Vs. Sonali Bank and others, 2011, 40 CLC (HCD)
.... properly examining the thumb impression of the appellant submitted her opinion which, in fact, does not carry any legal value and the trial Court below on assessment of the entire evidence on record rightly doubted the expert's opinion. The learned Advocate further upon placing the evidence of PW N......, Sonali Bank as plaintiff filed a suit being Title Suit No. 145 of 1999 in the Court of Subordinate Judge, 3rd Court, Dhaka impleading the present appellant Noor Alam and 2(two) others as defendants for realization of its outstanding dues amounting to Tk.4,43,888.50 with interest. The plaintiff's c......m other defendant Nos. 1-2 in accordance with law. Let a copy of this judgment along with lower Court's record be sent down at once. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 332.......inal deed the defendant No. 3 requested to the plaintiff-Bank to return his deed relating to "B-schedule" property of the plaint and as such the suit is liable to be dismissed with cost. 4. At the trial the plaintiff-Bank (respondent No. 1) examined as many as 4 (four) witnesses and only contesti..Category: Procedural Law | Date: | Hits: 107
Md. Abdul Bari and others Vs. Government of Bangladesh and others, 2010, 39 CLC (HCD)
....benefits will not be applicable to the contractual employees. This being the scenario, cause (d) of the Organization Order No.13 of 1989 dated 11-11-1989 is arbitrary and violative of the fundamental rights of the petitioners. It is worthy of notice that both the regular and contractual employees ......authority and of no legal effect and why the respondents should not be directed to regularize the service of the petitioners in Biman pursuant to the recommendations of various inquiry committees formed from time to time with all Biman service facilities and allowances including retirement benef......ere appointed permanently in the service of Biman pursuant to clause 6 of Annexure-'G-1'. It has already been adverted to above that there is no such clause in Annexure-'G'. Such being the state of affairs, the express stipulations in the instruments of the contracts executed by the petitioners sh...... The Rule, therefore, fails. Accordingly, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 63 DLR (HD) (2011) 27; 30 BLD (HCD) (2010) 465. ..Category: Employment/Service Law | Date: | Hits: 145
Sheikh Hasina Wazed @ Sheikh Hasina Vs. State and another, 2010, 39 CLC (HCD)
....s as to how and when the charge was framed and when 6 (six) prosecution witnesses have been examined? 51. The above facts prove that the relevant statements made in the counter Affidavit are downright false, misleading and unethical, which is a misconduct. 52. The maker of the counter-affida......order or orders as to this Court may seem fit and proper. 2. The prosecution case, in short, is that one MM Shabbir Hassan, Deputy Director, Anti-Corruption Commission on 9-12-2007 lodged First Information Report, (hereinafter referred as FIR) in Tejgaon Police Station alleging inter alia that i......s of this Court it did not get any effective co-operation from those lawyers in disposing the ACC Cases, although particular Division Bench of this Court was empowered to hear the ACC Cases. With all fairness and without any prejudice to anybody can it not be treated as misappropriation of public mo......ich comes under the purview of section 409 of the Penal Code and section 5(2) of Act II, 1947 of the Prevention of Corruption Act and the FIR contained bundle of facts which cannot be decided without trial. He further submits that the petitioner had alternative remedy inasmuch as she could file ap..Category: Criminal Law | Date: | Hits: 126
Jagodish Chandra Dutta Vs. M. H. Azad, 1989, 18 CLC (HCD)
....se possessed by a First Class Magistrate inasmuch as a Special Magistrate may sentence a person to three years' imprisonment and impose any amount of fine....................................Thus no right of appeal can be inferred from section 408 of the Code, nor is there any other provision in th......t he was a mechanic of the said Estate. The opposite party dismissed him from service on 27.12.77 on the ground of unauthorized absence from duties without issuing any notice to show cause. He prayed for his re-instatement in service. 3. The said case was contested by the 2nd party Management who......n exercise of the inherent jurisdiction under section 561A of the Code even. In this view of the matter, the Rule is discharged. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 257. ...... respective favour. 10. The Labour Court has been defined in the Employment of Labour (Standing Orders) Act. Section 2(K) as follows:- “'Labour Court' means a Court constituted under the Industrial Disputes Ordinance, 1969." 11. Although the same Labour Court exercises jurisdiction under ..Category: Labour and Industrial Law | Date: | Hits: 177
Abdul Hannan Chowdhury and Asgar Hossain Vs. Shamsul Huq Sikder and the State, 1989, 18 CLC (HCD)
....e to distinguish a bad from a good one and the technique showed by P.W.5 to the effect that the writing in the non-genuine drugs could be wiped out by scratching of the nail or printing in one is of brighter, type than the other, would not be known to all for sure, for them to know and distinguish a...... Dhaka on 30.3.88 in Drug Case No.3 of 1987 convicting the appellants under section 16 of the Drugs (Control) Ordinance, 1982 and sentencing each of them there under to suffer rigorous imprisonment for a period of 3 years and a fine of Tk. 50,000/- each with a default order. 2. Facts leading to......bt and they are released from their bail bonds immediately. The appeal is therefore, allowed. Send down the L.C. records at once. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 246. ......arrested and subsequently released when this proceeding was going on and Hoechst did not produce that witness in Court. He was a material witness and defence suggested that he was withheld at the trial by prosecution with a malafide purpose and because his evidence will go against the prosecutio..Category: Criminal Law | Date: | Hits: 83
Maulana Abdul Motin & others Vs. Shah Alam Bhuiyan & others, 1989, 28 CLC (HCD)
....scharged without any order as to costs. The stay order granted by this Court staying all further proceeding in title suit is vacated. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 243. ......rected against order No.15 dated 31.12.87 passed by the subordinate Judge, 2nd Court, Dhaka in Title Suit No.517 of 1987 rejecting the application under Order 26 rule 9 of the Code of Civil Procedure for holding a local investigation of the suit land. 2. The short fact that will be necessary fo......scharged without any order as to costs. The stay order granted by this Court staying all further proceeding in title suit is vacated. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 243. ...... defendant being aggrieved by the order of refusal of local investigation has moved this Court and has obtained this Rule. 4. Thus the only point that is to be decided in this Rule is, whether the trial Judge has committed any illegality in refusing the prayer for local investigation. 5. Mr...Category: Procedural Law | Date: | Hits: 82
Habibur Rahman Khan Vs. Nurul Islam Khan, 1997, 26 CLC (HCD)
....ible. The Rule being Civil Rule No. 390 (fm) 96 is accordingly disposed of. Send a copy of the judgement to the Court below at once. Ed This Case is also Reported in: 50 DLR (HCD) (1998) 82. ...... at the instance of the defendant is directed against the order dated 12-9-1996 passed by the learned Subordinate Judge, 1st Court, Barisal, in Title Suit No.65 of 1995 allowing the plaintiffs prayer for attaching, before judgment, MV Ishrat Khan, cargo Coaster No.C-678. 2. This first miscellaneo......ible. The Rule being Civil Rule No. 390 (fm) 96 is accordingly disposed of. Send a copy of the judgement to the Court below at once. Ed This Case is also Reported in: 50 DLR (HCD) (1998) 82. ......operation of the impugned order passed by the Court below. 3. Mr. Md. Waliul Islam, learned Advocate appearing for the defendant-appellant-petitioner, submits that the impugned order passed by the trial Court is bad in law inasmuch as the defendant already showed cause against the plaintiffs pray..Category: Civil Law | Date: | Hits: 65
Syed Abdul Mannan and others Vs. Md. Mujahar Ali Mridha and others, 1997, 26 CLC (HCD)
....hereby vacated. In the facts and circumstances of the case there will be no order as to costs. Send down the LC Records at once. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 81. ......d Senior Assistant Judge, Jhalakati, in Title Suit No.203 of 1987. 2. The opposite party as plaintiff filed Title Suit No.203 of 1987 in the Court of the learned Senior Assistant Judge, Jhalakati, for declaration of title and for further declaration that the decree passed in Title Suit No.329 of ......hereby vacated. In the facts and circumstances of the case there will be no order as to costs. Send down the LC Records at once. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 81. ......e in the plaint and asserted that the Solenama is a genuine one and also asserted that Kabala of Sayedunnessa is collusive, fraudulent and without consideration and it was never acted upon. 3. The trial Court on review of the evidence dismissed the suit vide its judgment and decree dated 31-3-90 ..Category: Procedural Law | Date: | Hits: 72
Jahanara Hasan and another Vs. Md. Nazrul Islam & another, 1997, 26 CLC (HCD)
.... the fact that Serajul Islam is the brother of Nazrul Islam although all the 3 are the children of Nasiruddin Ahmed and having observed the demeanor of P.W.1 while deposing in Court the learned Judge rightly disbelieved her and accepted the testimony of D.W.1 Serajul Islam as regards payment of rent......iving rise to the filing of this revisional application under section 25 of the Small Causes Court Act and the issuance of this Rule. 2. The plaintiff (landlord) Jahanara Hasan is the petitioner before this Court. She instituted SCC Case No.92 of 1990 for ejectment of defendant Nos. 1 and 2 (tena......ned order. In the result, the Rule is discharged. There will be no order as to costs. Send down the lower Court records at once. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 65. ......nd the most important aspect is that had it been a case of sub-letting, as alleged by the plaintiff, the defendant No.1 instead of communicating this letter to the landlord would have kept quiet. The trial Court came to a finding that Ext.3 cannot be said to be a sub-lease. The next point urged by M..Category: Property Law | Date: | Hits: 64
Dr. Habibur Rahman MP and others Vs. Shamsun Nahar, 1997, 26 CLC (HCD)
.... the learned Assistant Judge, Sonatala, Bogra, in Civil Suit No.91 of 1996 are restored. However, there will be no order as to costs. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 62....... Appeal No.104 of 1996 reversing the judgment and order dated 12-10-96 passed by the learned Assistant Judge, Sonatala, Bogra in Other Class Suit No.91 of 1996 disallowing the prayer of the plaintiff for temporary injunction should not be set aside. 2. The opposite party as plaintiff filed Other ...... of elected managing committee. The learned Advocate further submits that the instant Rule is maintainable in view of the fact that the managing committee is still in existence and are managing the affairs of the school and no ad-hoc committee has been, in fact, constituted as alleged by the plainti......l and without jurisdiction and also filed an application under Order 39 rule 1 praying for temporary injunction. The defendant petitioners resisted the said application for injunction and the learned trial Court after hearing the parties and considering the papers filed by the parties rejected the p..Category: Employment/Service Law | Date: | Hits: 101
Hakim Ullah Vs. Mutaleb and others, 1996, 25 CLC (HCD)
....er. He further argued that the petitioner was aware of the death of deceased respondent No.1 but still the appeal was filed against a dead respondent and as such the learned Court of appeal below has rightly rejected the prayer. 16. Mr. SK Sinha, the learned Advocate for the petitioner, in suppor......ay seem fit and proper. 2. As in both the Rules parties are the same and common question of law is involved, these were heard analogously and are disposed of by this judgment. 3. Facts relevant for the purpose of disposal of both the Rules are as follows: The predecessor‑in‑interest of ......cord and the appeal be heard on merit in accordance with law as if it were presented within time. There will be no order as to costs. Ed. This case is also Reported in: 49 DLR (HD) (1997) 118.......a and others, AIR 1937 Bombay 401; Mokendre Nath Roy and others Vs. Sushila Susho Dasi and others, 17 DLR 643; Ramjeewean Vs. Chand Mohammad, AIR 1976 (Rajsthan) 65; Muhammad Jamal Vs. Chairman, Industrial Court 16 DLR (SC)) 386. Lawyers Involved: SK Sinha with AK Ahmadul Hasan and Md. Shafiqu..Category: Procedural Law | Date: | Hits: 70
Shahed Reza Shamim Vs. State, 1996, 25 CLC (HCD)
....n the result the Rule is made absolute and the petitioner is enlarged on bail to the satisfaction of the Deputy Commissioner, Barisal. Ed. This case is also Reported in: 49 DLR (HD) (1997) 116. ....... Syed Abu Kawsar, Assistant Attortiey‑General-For the State. Criminal Miscellaneous Case No.2910 of 1996. Judgment Md. Tafazzul Islam J. - Let the supplementary affidavit filed today form part of the revisional application. 2. This Rule was issued calling upon the Deputy Commissi......n the result the Rule is made absolute and the petitioner is enlarged on bail to the satisfaction of the Deputy Commissioner, Barisal. Ed. This case is also Reported in: 49 DLR (HD) (1997) 116. ......96 the learned Magistrate ordered for further investigation in this case which is still pending and thereis no certainity when further investigation will be completed and the case will be sent up for trial. 5. Mr. Syed Abu Kawsar, the learned Assistant Attorney‑General, opposes the prayer fo..Category: Criminal Law | Date: | Hits: 74
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