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Eliadah McCord Vs. State, 1995, 24 CLC (HCD)
....icated to the Ambassador of the United States of America in Bangladesh having his office at Baridhara, Gulshan, Dhaka, for information. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 495.......ed as a child and the provisions of Children Act are not applicable in her case. As she herself admitted that her date of birth is 27‑3‑1973 which was recorded in her passport also, we are of the view that this suo motu Rule has become infructuous and, as such, it is discharged. 5. Now, let u..Category: Criminal Law | Date: | Hits: 162
Habibur Rahman Bhuiyan (Md.) and others Vs. Galman Begum and others, 2011, 40 CLC (AD)
....my learned brother Surendra Kumar Sinha J. Courts Order The appeal is allowed by majority decision without any order as to costs. Ed. This Case is also Reported in:64 DLR (AD) (2012) 133. ......side the judgment of the Court of appeal below and restored that of the trial Court. While interfering with the judgment of the lower appellate Court, the High Court Division preferred to approve the views of the trial Court on the reasonings that it had the advantage to see the demeanour of the wit..Category: Property Law | Date: | Hits: 138
Makbul Ali & others Vs. Manwara Begum & others, 1987, 16 CLC (HCD)
....o.2 is hereby set aside after being quashed. She is to be released from her bail bonds immediately. Abdul Bari Sarker J. - I agree. Ed. This Case is also Reported in: 39 DLR (HCD) (1987) 181.......nd wife. 16. The proceeding against the second wife, drawn under section 6 (5) of the Ordinance is thus, unwarranted. The Court initiated the proceeding against the second wife by taking a wrong view of the law. It thus need be quashed. In the result, this Rule is made absolute. The instant ..Category: Family Law | Date: | Hits: 193
Assistant General Manager, Rupali Bank, Barisal & others Vs. Nazrul Islam Miah, 1986, 15 CLC (HCD)
....erfere with the impugned Judgment and decree of the Courts below. Accordingly, the rule is discharged without any order as to costs. Ed. This Case is also Reported in: 39 DLR (HCD) (1987) 167. ......ver telephonic instruction of Managing Director, the petitioner issued the termination letters. There is nothing on record to show that the telephonic message was confirmed by any written order. In view of these acts I hold that the petitioner had no authority to issue the impugned termination l..Category: Labour and Industrial Law | Date: | Hits: 186
Elahi Bux Vs. State, 1986, 15 CLC (HCD)
....e rendered by him to this Court. This application is, therefore, summarily rejected. Bimalendu Bikash Roy Choudhury J. - I agree. Ed. This Case is also Reported in: 39 DLR (HCD) (1987) 164. ......tion he has relied upon the case of Mustafa @ Mustofizur Rahman Vs. The State, 1985 BLD 335. 4. Mr. Kaisaruddin Ahmed, the learned Deputy Attorney General who appeared for the State argued that in view of the provision of section 2 subjection (2) clauses (a) & (b) of the Limitation Act, secti..Category: Limitation Law | Date: | Hits: 222
State Vs. Tajul Islam and 8 others, 1992, 21 CLC (HCD)
.... a copy of this Judgment be forwarded to the learned Additional Sessions Judge Brahmanbaria, for action in accordance with law. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 305. ......ince the night following 5‑9‑89 and on search they could not be traced out. On the basis of that information, Brahmanbaria Police Station GD Enter No.266 dated 7‑9‑89 (Ext 8) was recorded. In view of the said OD Entry P.W.27 SI Shudhendu Bhattacharji visited the house of Biraja Rani in the e..Category: Criminal Law | Date: | Hits: 139
....rim bail to the petitioner is recalled and he is directed to surrender before the Magistrate by 19‑6‑96. Send down the LCR at once.
Ed.
This Case is also Reported in: 48 DLR (HCD) (1996) 529.......iry as the complainant was examined, the action of the learned Magistrate has not vitiated the proceedings in any way for not examining the complainant immediately after filing of Naraji petition. In view of our discussion above, we therefore, find no merit in this Rule.
In the result, the Rule i..
Category: Procedural Law | Date: | Hits: 131
Azizul Huq (Md.) Vs. Chairman, Labour Court, Khulna and Others, 1996, 25 CLC (HCD)
....he impugned Judgment and order and other materials on record submitted that Labour Court having found that dismissal of the petitioner was not tenable in law acted illegally in dismissing the case on erroneous view that Labour Court cannot grant the relief of declaration. 3. It appears that the p......d Judgment and order and other materials on record submitted that Labour Court having found that dismissal of the petitioner was not tenable in law acted illegally in dismissing the case on erroneous view that Labour Court cannot grant the relief of declaration. 3. It appears that the petitioner ..Category: Labour and Industrial Law | Date: | Hits: 162
Abdus Sattar Vs. Chairman, Labour Court, Chittagong and another, 1996, 25 CLC (HCD)
....e of jurisdiction in not considering the opinions of the learned members to give at least termination benefit to the petitioner convening the order of his dismissal into an order of termination on an erroneous view that the petitioner was a thief and tried to cause damage to the valuable machine of ......ause he was not an ordinary thief and he tried to cause damage to a valuable machine though no such charge was brought against the petitioner. 8. In the above facts and circumstances we are of the view that the learned Chairman of the Labour Court acted illegally and with material irregularity in..Category: Labour and Industrial Law | Date: | Hits: 183
....s rule is discharged without any order as to cost. The stay granted earlier is hereby vacated.
Sultan Hossain Khan J.- I agree.
Ed.
This Case is also Reported in: 39 DLR (HCD) (1987) 145.
......at right even after the embargo had been put even before this Court they denied any waiver.
31. The learned Counsel for the petitioner being confronted with this legal position urged that in any view of the matter the Ministry of Commerce is the appropriate Executive Government to appoint and t..
Category: Civil Law | Date: | Hits: 162
Maqbular Rahman Jute Mills Limited Vs. Chairman Labour Court and another, 1995, 24 CLC (HCD)
....e without lawful authority and is of no legal effect. In the facts and circumstances of the case, there will be no order as to costs. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 566. ......uct. 6. The respondent No.2 entered appearance and contested the case by filing an affidavit‑in‑opposition wherein it has been contended that the learned Labour Court had ample jurisdiction in view of section 25 (1)(b) of the Employment of Labour (Standing Orders) Act, 1965 to pass any order ..Category: Labour and Industrial Law | Date: | Hits: 162
Humayun Kabir (Md.) Vs. Md. Mozaffar Hossain and others, 1994, 23 CLC (HCD)
....ion Tribunal Case No.1 of 1993 is hereby restored and affirmed. The order of stay granted earlier by this Court is hereby vacated. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 560. ......idate which cannot be declared a nullity unless the tribunal "is satisfied" as laid down in Rule 49, that election has been materially affected by some illegal acts or contravention of some Rules. In view of the principles laid down by their Lordships in the aforesaid decision reported in 38 DLR (AD..Category: Election Law | Date: | Hits: 273
Amalendu Majumder Vs. Selimuzzaman, 1986, 15 CLC (HCD)
....herefore, committed no error in passing the impugned order. The Rule is, accordingly, discharged without any order as to costs. Ed. This Case is also Reported in: 39 DLR (HCD) (1987) 140. ......e application. 4. Being aggrieved by the order, the petitioner filed an appeal being Election Appeal No.1 of 1986 before the learned District Judge, Pirojpur. The learned District Judge took the view that no appeal lay from the order under sub-section (4) of section 29 of the Local Government (..Category: Election Law | Date: | Hits: 309
Elahi Baksh Vs. State and others, 1986, 15 CLC (HCD)
....ed not be quashed. For the reasons stated above the Rule is discharged. Send down the records at once. SF Ahmed J. - I agree. Ed. This Case is also Reported in: 39 DLR (HCD) (1987) 137. .......P.C is contrary to law and the proceedings of such enquiry and order passed thereon are void. 6. Mr. Amjad Hossain, the learned Advocate appearing for the complainant, submits that a contrary view has been expressed in the cases of Md. Zalilur Rahim Vs. Nazmul Karim Sufi & others reporte..Category: Criminal Law | Date: | Hits: 168
....py of this order be sent to the respondent No.2, Deputy and Respondent No.4, Officer-in-charge, Mirpur, PS, Dhaka for information.
Ed.
This Case is also Reported in: 44 DLR (HCD) (1992) 521.......4 and pointed out that Article has highly activist magnitude and it embodies a guarantee against arbitrariness. This Court speaking through one of us (Bhagwati, J)
"From a positivistic point of view, equality is antithetic to arbitrariness. In fact, equality and arbitrariness are sworn enemies..
Category: Criminal Law | Date: | Hits: 105
Anwar Ali (Md) Vs. Chairman, Rajdhani Unnayan Kartipakha (RAJUK) & others, 1991, 20 CLC (HCD)
....uthority. In the result, the Rule is discharged but without any order as to costs. The stay order passed by this court is vacated. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 515. ......had been discriminated against as others in the neighbourhood had not been served with any such notice. 9. Mr. Ziaur Rahman Khan, the learned Advocate for respondent Nos.1 and 3, submitted that in view of the clear provision of section 3 of the Building Construction Act, 1952 do no one was permit..Category: Property Law | Date: | Hits: 92
Khandakar Amirul Islam Vs. Khandaker Amanullah and others, 1992, 21 CLC (HCD)
....ly discharged without any order as to costs. The connected rule being Civil Rule No.70 (R)/90 is disposed of as being infructuous. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 514. ......ent and decree of the appellate Court below in affirming the judgment and order of the trial Court. 3. In this connection we have also considered Order 7 rule 13 of the Code of Civil Procedure. In view of Order 7 rule 13 we are not inclined to consider the application under Order 6 rule 17 of the..Category: Procedural Law | Date: | Hits: 130
Abdul Aziz & others Vs. Mejahid Ali and others, 1991, 20 CLC (HCD)
....t Sylhet on 25.4.66 in Title Appeal No.158 of 1954 are upheld and the Second Appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 511. ......edure Code was started. Ext‑C is the application under section 133 CrPC and was filed on 25.3.47 in the Court of ADM Sythet praying for an injunction and this was filed after the suit was filed. In view of the fact that the proceeding under section 133 CrPC was filed on 15.3.47 after filing of the..Category: Civil Law | Date: | Hits: 147
Rezaul Karim Vs. Jahanara Begum, 1991, 20 CLC (HCD)
....eipt of this order by the trial court. In the result, the Rule is disposed of as indicated above. I make no order as to cost. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 508.......nt issues are involved in two different suits and in the earlier suit eviction of the defendant petitioner has been sought and in the subsequent suit a verbal contract is sought to be enforced and in view of the fact the relief sought for in both the suits are not identical. It is further submitted ..Category: Property Law | Date: | Hits: 112
Duree Shahwar Begum Vs. Ali Ahmed Patwari, 1995, 24 CLC (HCD)
....ication under Order 37 rule 4 CPC after re‑hearing. Communicate this order and send down the records to the Court below at once. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 222. ...... time to file W/S but without disclosing any plausible defence from the side of the defendant. The learned District Judge considering the above application rejected the prayer of the defendant and in view of sub‑rule (2) of rule 2 of Order 37 passed the ex parte decree against the defendants on 15..Category: Procedural Law | Date: | Hits: 125
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