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Assistant General Manager, Rupali Bank, Barisal & others Vs. Nazrul Islam Miah, 1986, 15 CLC (HCD)
....nding upon them. There was also a prayer or mandatory injunction directing the petitioner to allow the plaintiff-opposite parties to continue in their respective posts in the Bank. 3. The admitted facts of the case are that the plaintiff opposite-party Nos.1-11 were confirmed employees of the Rup......s. Nazrul Islam Miah……………………………………………Respondent Judgment May 25, 1986. Result: The rule is discharged. Cases Referred to- Abdul Hannan Sikder and others Vs. Bangladesh Bank & others, 31 DLR (AD) 298; Bangladesh Freedom Fighters Welfar......fs did not seek relief for their grievances under the provisions of the Employment of Labour (Standing Orders) Act, 1965, the suit was liable to be dismissed. 6. The learned Munsif considering the evidence adduced by the parties decreed the suit in favour of the plaintiff-opposite party Nos.1-11...Category: Labour and Industrial Law | Date: | Hits: 186
State Vs. Tajul Islam and 8 others, 1992, 21 CLC (HCD)
....s of the six victims have been established by the evidence of P.Ws. 1 and 2 who identified the same at the time of inquest and their evidence, as already pointed out, had gone unchallenged and in the facts of the present case the decision made in the case of Akhter Hossain has no relevancy. In consi...... ......P.Ws. namely P.Ws. 25 and 26 were merely tendered. The accused persons did not examine any witness in support of their defence. 9. The learned Additional Sessions Judge, in consideration of the evidence on record, convicted 36 accused persons and acquitted 4 accused persons namely, Madhu Mia @..Category: Criminal Law | Date: | Hits: 139
....d the case of State Vs. Abul Kashem reported in 27 DLR 342. In all the above cited cases, it appears that the re‑investigation was held by the police after submission of reports in these cases. The facts and circumstances of the present case are totally different. In the instant‑case, the police.......1 Barisal is for quashing the proceeding of that case.
2. The case started after filing of an ejahar by one Md. Shamsuddin Sardar with the Mehendigonj PS alleging that accused Babul, Dilu, Badsha and Shahin at the instance of Lookman member and Salam Doctor gouged out both the eyes of his nephew......ed a charge‑sheet against three of the First Information Report named accused under section 326 of the Penal Code and recommended for discharging accused No.1 named Babul. It is also stated that no evidence was found against two other persons named in the body of the First Information Report. Afte..
Category: Procedural Law | Date: | Hits: 131
Azizul Huq (Md.) Vs. Chairman, Labour Court, Khulna and Others, 1996, 25 CLC (HCD)
....ter notice and hearing of the parties. Thus it is clear that Labour Court’s power is not restricted to the grant of relief of reinstatement only. It can pass any order deemed just and proper in the facts and circumstances of the case. Labour Court has been set up to do justice to the worker compla......urt Division (Special Original Jurisdiction) Present: Kazi Ebadul Hoque J Amirul Kabir Chowdhury J Azizul Huq (Md.)..................Petitioner Vs. Chairman, Labour Court, Khulna and Others............Respondents Judgment July 31, 1996. Result: The Rule is made absol......t after proper inquiry petitioner was found guilty of the charge and, as such, he was rightly dismissed from service. 4. It appears from impugned Judgment that Labour Court found that there was no evidence to show that the petitioner had really identified the fake farmers by issuing fake identify..Category: Labour and Industrial Law | Date: | Hits: 162
Abdus Sattar Vs. Chairman, Labour Court, Chittagong and another, 1996, 25 CLC (HCD)
....ner cannot be leniently dealt with because 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 illeg......azi Ebadul Hoque J Amind Kabir Chowdhury J Abdus Sattar, Fitter, LB No.4784, G Shift, Victory Jute Products Ltd. Chittagong...............Petitioner Vs. Chairman, Labour Court, Chittagong and another.............Respondents Judgment June 3, 1996. Result: The Rule is made abso......dent No.2 is directed to give termination benefit to the petitioner within 30 days from date. Send down the lower Court's records. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 525. ..Category: Labour and Industrial Law | Date: | Hits: 183
....ght which he said he would not assert in future because a promise or an Intention not to assert a right de-futuro cannot be the basis of an estoppel. Estoppel deals with representation as to existing facts and not with promises de-futuro.
26. It may, however, be possible for a person in certain c...... in: 39 DLR (HCD) (1987) 145.
......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.
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Category: Civil Law | Date: | Hits: 162
Maqbular Rahman Jute Mills Limited Vs. Chairman Labour Court and another, 1995, 24 CLC (HCD)
....he petitioner. This petition was also rejected. He then filed the case being case No.182 of 1986 before the Labour Court Chittagong challenging his order of dismissal. 3. After considering all the facts and after hearing the parties the learned Labour Court, Chittagong agreed with the findings of......vision (Special Original Jurisdiction) Present: Naimuddin Ahmed J Md. Ruhul Amin J Maqbular Rahman Jute Mills Limited.........................Petitioner Vs. Chairman Labour Court and another..........................Respondents Judgment July 17, 1995. Result: The Rul......words "in appropriate cases" mean cases in which it is found by the learned, Labour Court that the order of dismissal has been illegally passed either for some procedural mistake or for misreading of evidence or from any such case. It also appears to us that as the learned Labour Court found that th..Category: Labour and Industrial Law | Date: | Hits: 162
Humayun Kabir (Md.) Vs. Md. Mozaffar Hossain and others, 1994, 23 CLC (HCD)
....he opposite party‑petitioner and in fact 131 votes were, invalid there and not 31 votes as alleged by the applicant. 4. The learned Election Tribunal who held the trial considering the evidence, facts and circumstances dismissed the case by his Judgment and Order dated 8‑9‑92. 5. Being a......96) 560. ......avour of the opposite party‑petitioner and in fact 131 votes were, invalid there and not 31 votes as alleged by the applicant. 4. The learned Election Tribunal who held the trial considering the evidence, facts and circumstances dismissed the case by his Judgment and Order dated 8‑9‑92. ..Category: Election Law | Date: | Hits: 273
Amalendu Majumder Vs. Selimuzzaman, 1986, 15 CLC (HCD)
....ub-section (4) of section 29. 17. The view which I have taken finds support from the decision in the case of Md. Kabir Vs. Momtazuddm reported in B.C.R. 1985 (HCD) 276. In that case upon similar facts the Comilla Bench held that an order allowing recruiting is not appealable. 18. For the rea......J.- This rule at the instance of the petitioner calls in question an order dated 27.07.1986 passed by the learned District Judge, Pirojpur in Election Appeal No.1 of 1986 summarily rejecting the memorandum of appeal preferred against an order of the Election Tribunal for re-counting of ballots. ......ion to which the petition relates. (2) Subject to any rules made in this behalf, the Election Tribunal shall after giving the contesting candidate an opportunity of being heard an, taking such evidence as may be produced before it, make such orders as it may think fit. (3) Save as provided..Category: Election Law | Date: | Hits: 309
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. ......11. ......ve also no right over the drainage in Plot Nos.34 which are their own drains. The defendants thus denied the easement right of the plaintiffs in the suit land. 6. The trial court considered the evidence and other document and decreed the suit in part. It was decreed that over Plot Nos.1 and 2 ..Category: Civil Law | Date: | Hits: 147
Rezaul Karim Vs. Jahanara Begum, 1991, 20 CLC (HCD)
....f both the suits marked, as Annexure F to the petition. 8. The learned Assistant Judge, 1st Court, Dhaka heard the petition filed under section 151 CPC and disallowed it without considering the facts and materials on record, and that the subject matter of both the suits are same and the partie...... ABM Nurul Islam with Nowab Ali Molla, Advocate - For the opposite party. Civil Revision No. 887 of 1990. Judgment Syed Fazle Ahmed J.- This Rule calls in question the legality and propriety of the order dated 11.4.90 passed by the 1st court of Assistant Judge, Dhaka rejecting......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...Category: Property Law | Date: | Hits: 112
Duree Shahwar Begum Vs. Ali Ahmed Patwari, 1995, 24 CLC (HCD)
....d also the subsequent orders dated 23.7.94 and 30.7.1994 passed by him allowing time to the defendant for filing written statement and fixing the date of hearing of the suit respectively. 2. Short facts relevant for the dismissal of the Rule may be stated as follows: 3. The plaintiff petitione...... absolute. Cases Referred to- Kokarmal Gurudayal Vs. Sagarmal Bengani, AIR 1972 (Calcutta) 430; Mohan Lal Vs. Om Prakash, AIR 1989 (Rajasthan) 132; Allied Bank of Pakistan Ltd. Vs. VC Khilnani and 2 others, PLD 1984 (Karachi) 127 (131); Fine Textile Mills Ltd. Karachi Vs. Haji Umar, 15 DLR (S......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. ..Category: Procedural Law | Date: | Hits: 125
Begum Shirin Akhtar Vs. Bangladesh House Building Finance Corporation and others, 2010, 39 CLC (HCD)
....earned judge can disposed of the cases without taking any further step. Send down the lower record. Communicate this order at once. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 1. ......vil Revisional Jurisdiction) Present: Sharif Uddin Chaklader J Md. Shawkat Hossain J Begum Shirin Akhtar.................Petitioner Vs. Bangladesh House Building Finance Corporation and others...............Opposite Party Judgment June 7, 2010. Result: Cases Referred t......er or postal peon. It is the duty of the petitioner, Bangladesh House Building Finance Corporation, in whose favour the ex-parte decrees were passed, to prove service of summons by producing reliable evidence. Rule 19 of Order V of Code of Civil Procedure cast a duty upon Court to examine the postal..Category: Civil Law | Date: | Hits: 198
Abdus Samad Khan & others Vs. Wazed Ali Fakir & others, 1992, 21 CLC (HCD)
....claim in respect of the remaining 1.21 acres of the suit land is dismissed. Parties will bear their respective costs althrough. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 495. ......ppellants. Abul Quasem, Advocate ‑For the Respondent No. 1. Appeal from Original Decree No. 102 of 1982. Judgment Kazi Ebadul Hoque J.- This appeal by the defendant Nos.1, 2 and 5 is directed against the judgment and decree dated 30.1.1982 passed by the Subordinate Judge, M......ined defendant No.1 as D.W. 1, one Hossain Miah as DW 2, defendant No.4 Elem Biswas DW 3, defendant No.5 Habibur Rahman Khan as DW 4 and another Badsha Fakir as DW 5. They also produced and proved in evidence sale deed dated 15.2.76 executed and registered by defendant Nos.7 and 8 in favour of defen..Category: Property Law | Date: | Hits: 154
Abdul Latif alias Budu and 6 others Vs. State, 1992, 21 CLC (HCD)
....tif, Abu Hanifa, Shaju, Surat Ali, Indu Mia, Abdul Mannaf and Nayeb Ali be set at liberty at once, if not wanted in any other case. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 492.......R (HCD) (1992) 492.......the prosecution, that the accuseds are innocent and they have no connection with the murder and that they have been falsely implicated in this case out of previous enmity. 6. On considering the evidence on record the learned Sessions Judge convicted the appellants under section 302 read with s..Category: Criminal Law | Date: | Hits: 139
Javed Traders and another Vs. Premier Soap Factory Ltd. and another, 1992, 21 CLC (HCD)
....a Vs. Jamshedji Nowroji, 1926 Bom. 250. Rule 3 reads: "The court shall, upon application by the defendant. give leave to appear and to defend the suit. upon affidavits which disclose such facts as would make it incumbent on the holder to prove consideration or such facts as the Court may......ported in: 44 DLR (HCD) (1992) 490.......ure from the procedure provided for ordinary suit. In a suit under Or. 37 the court has discretion to grant leave or not. If the court determines that the negotiable instrument itself is a sufficient evidence to prove the allegation made in the plaint it need not grant leave because the instrument b..Category: Procedural Law | Date: | Hits: 155
Abdul Quddus Vs. Government of Bangladesh, 1990, 19 CLC (HCD)
....tained after illegally paying the same and the Writ Petition filed by him was dismissed on 18.3.1987 for non‑prosecution. 7. The respondent No.4, the Court of Settlement after considering the facts and circumstances of the case held that the building had been illegally included in the list o......ged. Cases Referred to- Government of Bangladesh Vs. MS Ispahani, 40 DLR (AD) 116; Mukhter Ahmed Vs. Government of Bangladesh, 34 DLR 29. Lawyers Involved: SS Halder with Sadananda Rana Advocate and Chandi Charan Paul, Advocates—For the Petitioner. M Gholam Rabbani, A......cation by alleged option for Pakistan. We find that he had not pursued his alleged application for repatriation to Pakistan. On the contrary he has got a Bangladeshi Passport which is a prima‑facie evidence of his citizenship of the country. He has not acquired citizenship of any other country, hi..Category: Property Law | Date: | Hits: 158
Shahadat Hossain & others Vs. State, 1985, 14 CLC (HCD)
....ppeal is dismissed and the order of conviction and sentence passed against him is confirmed. Anwarul Huque Chowdhury J. - I agree. Ed. This Case is also Reported in: 39 DLR (HCD) (1987) 72....... The State…………………………………………………………….Respondent Judgment April 30, 1985. Result: The appeal is allowed. Cases Referred to- Hachi Meah and another Vs. the State,17 DLR 692 (Full Bench); Hatu Mullik and others Vs. the Stat, 19 DLR 662; ......om a bus driver at a tea stall and he along with the informant P.W.3, Bazlur Rahman, P.W.5 and one Wahidul Islam went to Jessore and found two dacoits in the Kotwali Police Station. [Discussion of evidence omitted] 7. P.W.14 Habibur Rahman was Magistrate at Jhenidah at the relevant time. He ..Category: Criminal Law | Date: | Hits: 142
Kala Chand alias Chand Mia & others Vs. Karim Khan and others, 2002, 31 CLC (HCD)
....fore does not create any title or ownership in the name of the defendant-petitioner and he has referred 2 BLC (AD) 92 that the High Court Division has no jurisdiction to disturb the final findings of facts on the ground mentioned in section 115 of the CPC without reversing the findings of the courts......ords at once. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 564. ......opposite party Nos.1‑6 filed appeal before the learned District Judge and on transfer to the learned Court of Subordinate Judge, 1st Court, Narayangonj for disposal, the court after considering the evidence on record allowed the appeal against which the defendant-respondent petitioner preferred ..Category: Property Law | Date: | Hits: 144
.... officer including the General‑Manager who is the appointing authority of the plaintiff‑opposite‑party. Both the courts have struck down the order as being without jurisdiction. The findings of facts as arrived at by the Courts below do not suffer from any error of law and thus call for no int......ed in: 44 DLR (HCD) (1992) 406....... was not maintainable and there is no cause of action. The order of termination being a termination simpliciter the suit is liable to be dismissed.
4. The learned Munsif on consideration of the evidence on record decreed the suit by his judgment and decree dated 26.9.87.
5. Thus being ag..
Category: Labour and Industrial Law | Date: | Hits: 233
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