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Taju Mia and others Vs. State and another, 2012, 41 CLC (HCD)
....em on 15.4.1986 at about 9 am and killed a child of five years named Malek, severely injured many of the villagers including women and children, ransacked their houses and looted ornaments, household goods, pet animals and other valuables worth Taka seven lac. 3. The ejahar gave rise to Daudkand......s registered as Session Case No.28 of 1989. Thereafter, it was sent to the Second Court of Additional Sessions Judge, Comilla for hearing and disposal. The Additional Sessions Judge received the case record on 5.7.1989 and subsequently framed charge against the accused including the petitioners unde......y to appear before the Court and shall consider their prayers for bail, if any. Send down the lower Court’s record. Mohammad Marzi-ul-Huq J.- I agree. Ed. This Case is also Reported in: ..Category: Procedural Law | Date: | Hits: 112
Adamjee Jute Mills Ltd. Vs. Chairman, Third Labour Court, and another, 1989, 18 CLC (HCD)
.... Mills Staff Union reported in 21 DLR 35 wherein it was observed that the results of domestic enquiry are generally to be respected by the Labour Court but if the enquiry held is vitiated for want of good faith and the enquiry is unfairly held, the Labour Court should go into the merit of the case. ....... Thereafter he was asked to appear in person before an enquiry committee on 12.11.83. Accordingly he appeared before the enquiry commitÂtee with his witnesses but their statements were not properly recorded nor read over to them. The witnessÂes for the employer were not examined in his presÂence......he judgment and orÂder dated 30.4.85 passed by the 3rd Labour Court, Dhaka in Complaint Case No.3/84 allowing the case and setting aside the order of dismissal of the Respondent No.2, a worker, from service and directing his re-instatement. 2. The Respondent No.2 was a permanent worker as Fitter..Category: Labour and Industrial Law | Date: | Hits: 160
Bangladesh Can CompaÂny Ltd. Vs. Chairman, Labour Court, Chittagong and others, 1989, 18 CLC (HCD)
.... memorandums were not published in the Official Gazette the said cannot be enforced under section 34 of the Industrial RelaÂtions Ordinance. The further contention of the petiÂtioner is that out of good grace the Company earlier gave 2 advance increments to respondents 2-29 in due recognition of t......y may be under the control of Steel and EnÂgineering Corporation but the fact remains that it is a Public Limited Company having its own Board of Directors for its Management and there is nothing on record to indicate that the Company got any financial assistance from the Corporation so that it may...... the InÂdustrial Relations Ordinance is not applicable in the facts and circumstances of the present case as the Memorandums are not enforceable under the said secÂtion and that the Same relates to services rendered by Government servants and not by the employees of a limited Company. 10. Secti..Category: Labour and Industrial Law | Date: | Hits: 268
Rahmania Agencies Ltd. and another Vs. Bangladesh and others, 1989, 18 CLC (HCD)
....tion are hereby declared to have been passed without lawful authority and are of no legal effect. There will be no order as to costs. Ed. This Case is also Reported in: 42 DLR (HCD) (1990) 363. ......tioner did not receive the said show cause notice, he could not give any reply. As no reply was given the Government cancelled the lease on 27.12.78 with efÂfect from 31.1.79. It is apparent on the records that the 3rd show cause notice as well as the alleged order of cancellation of lease were is......ernment to send a show cause notice to the petitioner at his changed address. Since the notice dated 9.10.78 was not sent to the correct address of the petitioner, in our opinion, there was no proper service of notice under clause 22 of the lease deed as well as under secÂtion 111, clause (g) of th..Category: Property Law | Date: | Hits: 115
Helal Uddin (Md.) Vs. Government of People's Republic of Bangladesh and others, 2003, 32 CLC (HCD)
.... April, 2000. The order of stay granted at the time of issue of the Rule is hereby recalled and vacated. Communicate at once. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 506. ...... April, 2000. The order of stay granted at the time of issue of the Rule is hereby recalled and vacated. Communicate at once. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 506. ...... on 1-11-1992. He got salary in the time scale of Taka 3200‑140x16‑5440 with effect from 1‑6‑1994, which was then changed to that of Taka 4800‑210x16‑8160. After completion of eight years service as Lecturer, on 21‑12‑1999 the College Authority wrote a letter dated 19‑4‑2000 (Ann..Category: Employment/Service Law | Date: | Hits: 147
Asgar Ali and others Vs. Bangladesh and others, 2003, 32 CLC (HCD)
....n of the elective officers of Managing Board of Bangladesh Red Crescent Society within 45 days from the date of receipt of this order. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 379. ......native efficacious remÂedy available under Article 68 of the order the appliÂcation itself is not maintainable. 5. We have considered the submissions made at the Bar and perused the materials on record. In reply to the submission made by Mr. AF Hasan Ariff as to the maintainability of the appli......n of the elective officers of Managing Board of Bangladesh Red Crescent Society within 45 days from the date of receipt of this order. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 379. ..Category: Civil Law | Date: | Hits: 169
KN Enterprise Vs. Eastern Bank Ltd and others, 2011, 40 CLC (HCD)
....both the documentary credits were issued by ABN-AMRO Bank, Rotterdam, NetherÂlands in favour of the plaintiff Messrs KN EnterÂprise, represented by its proprietor, Kazi Nazrul Islam for buying jute goods. The plaintiff obtained the authenticated copies of the said documentary credits from the advi......a-Uma(1), Cha, Chha, Ja-Ja(1), Jha-Jha(3), Neo, Ta-Ta(2), Da, Dha-Dha(1), Na, Tta, Tha-Tha(1). 13. The learned Joint District Judge after conÂsidering the issues, depositions and the materials on record concluded the trial and dismissed the suit. 14. Being aggrieved by and dissatisfied with t...... Joint District Judge, Arbitration Court, Dhaka, in Money Suit No.8 of 2005 is hereby affirmed. Send down the lower Court's record. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 370...Category: Civil Law | Date: | Hits: 212
Abdul Majid Vs. State, 2003, 32 CLC (HCD)
....ugned judgment and order of conviction and sentence dated 8‑8‑2000 by court below are accordingly upheld. Records be sent down. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 486.......on 12‑2‑99 submitted charge-sheet against accused Abdul Majid only under section 364 of the Penal Code. Six other persons were not sent up in the charge-sheet. 5. After preparation of the case record, it was sent to the court of Sessions Judge, Nilphamari who took cognizance against accused A......ugned judgment and order of conviction and sentence dated 8‑8‑2000 by court below are accordingly upheld. Records be sent down. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 486...Category: Criminal Law | Date: | Hits: 112
Abul Kashem & anothÂer Vs. State, 1990, 19 CLC (HCD)
....is commuted to one of imprisonment for life. The Reference No.1 of 1987 under section 374 of the Code of Criminal Procedure is rejected. Ed. This Case is also Reported in: 42 DLR (HD) (1990) 378.......th the van recovered from their custody along with the witnesses who apprehended them. The IO inspected the place wherefrom the van was recovered, prepared sketch map, index, seizure list of the van, recorded statements of the witnesses and accused perÂsons under section 161 of the Code of Criminal......is commuted to one of imprisonment for life. The Reference No.1 of 1987 under section 374 of the Code of Criminal Procedure is rejected. Ed. This Case is also Reported in: 42 DLR (HD) (1990) 378...Category: Criminal Law | Date: | Hits: 147
Rahmatullah (Md.) Vs. Commissioner of Taxes, 2000, 29 CLC (HCD)
...., we answer the question in the affirmative and against the assessee and in favour of the Revenue. There will be no order as to costs. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 483.......m. He further submits that the DCT took the correct legal view in determining the genuineness of the transactions and on valid reasons has disbelieved the story of loan which is based on materials on records. 7. In the instant reference the assessee-Âapplicant claims to have received an amount o......, we answer the question in the affirmative and against the assessee and in favour of the Revenue. There will be no order as to costs. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 483...Category: Fiscal/Taxation Law | Date: | Hits: 200
Registrar Vs. Sahrab Jan & others, 1995, 24 CLC (HCD)
....ioning failure of justice. In the result, the Rule is discharged. The stay order granted earlier by this Court in hereby vacated. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 214. ...... the orders dated 27.10.92 and 9.11.92 passed in Title Suit No.65 of 1991 by the Assistant Judge, First Court Dhaka allowing application of the plaintiff dated 10.10.92 facilitating him to bring into records two documents (Exts.22 and 23) by recalling P.W.1 to prove those document. 2. The opposit......ioning failure of justice. In the result, the Rule is discharged. The stay order granted earlier by this Court in hereby vacated. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 214. ..Category: Property Law | Date: | Hits: 126
Jinnatunessa Vs. Bangladesh, 1995, 24 CLC (HCD)
.... Subordinate Judge, 1st Court, Mymensingh in OC Appeal No.125 of 1986 are hereby set aside and the OC Suit No.492 of 1981 is dismissed. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 208.......in Misc case No.142 of 1970 by the learned Munsif, Sadar Mymensingh is fraudulent, illegal, void and not binding upon the plaintiff, alleging inter alia that the suit land measuring 0.200 Saharangsha recorded in Plot Nos.7025 and 7026 No.702 under old Khatian No.(SA) No.1383 and old lot No.702 under...... Subordinate Judge, 1st Court, Mymensingh in OC Appeal No.125 of 1986 are hereby set aside and the OC Suit No.492 of 1981 is dismissed. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 208...Category: Limitation Law | Date: | Hits: 239
Moktar Hossain Vs. Budhi Bala Dashi, 1994, 23 CLC (HCD)
.... of Mr. Amin is sustainable in law and they have no legs to stand upon. The result is that the appeal is dismissed without cost. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 202. ......l District Judge, 1st Court, Pabna, granting letters of administration of a Will executed by one Jogendra Bhusan Talukdar in favour of the plaintiff and three others since dead. 2. It appears from record that on 18.8.76 the plaintiff‑respondent No.1 Budhi Bala Dasi filed a petition for granting...... of Mr. Amin is sustainable in law and they have no legs to stand upon. The result is that the appeal is dismissed without cost. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 202. ..Category: Property Law | Date: | Hits: 183
Jalaluddin Bhuiyan Vs. Abdur Rouf and others, 1997, 26 CLC (HCD)
.... petition which in the eye of law is a petition of complaint and then pass necessary order. The Rule is accordingly made absolute. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 408. ......said order of the informant petitioner moved this Court and obtained a Rule. 3. It is stated in the petition that large number of witnesses examined by the Investigating Officer in their statement recorded under section 161 Code of Criminal Procedure implicated the four opposite parties of the pr...... petition which in the eye of law is a petition of complaint and then pass necessary order. The Rule is accordingly made absolute. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 408. ..Category: Criminal Law | Date: | Hits: 143
Muzaffor Hossain Vs. Md. Shahidullah and others, 1999, 28 CLC (HCD)
....arty is set aside. The second application for amendment of the plaint dated 1-6- 1997 stands rejected. Order of stay stands vacated. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 400.......ould sustain irreparable loss and injury if the amendment was allowed. 8. The plaintiff (opposite party No.1) did not move to the higher Court i.e. to the High Court Division, against the decision recorded by the learned Judge in refusing to amend the plaint. The appellant-opposite party No.1, th......arty is set aside. The second application for amendment of the plaint dated 1-6- 1997 stands rejected. Order of stay stands vacated. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 400...Category: Civil Law | Date: | Hits: 200
Jabed Ali (Md.) alias Jabed Ali and others Vs. State, 1999, 28 CLC (HCD)
....he charge under sections 302/34 of the Penal Code and they be set at liberty forthwith if not wanted in connection with any other case. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 397.......and a fine of Taka 2,000.00 as aforesaid. Against that they preferred this appeal. 5. At the time of trial prosecution examined 17 witnesses including Investigating Officers and the Magistrate who recorded the statement of appellant Ahsan Ali and tendered one. The defence examined none. 6. Mr.......he charge under sections 302/34 of the Penal Code and they be set at liberty forthwith if not wanted in connection with any other case. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 397...Category: Criminal Law | Date: | Hits: 132
Chand Mian (Md.) Vs. Khodeza Bibi and others, 1989, 18 CLC (HCD)
....f the appellate Court below are set aside and those of the trial Court are restored. Let the L.C. records be sent down immediately. Ed. This Case is also Reported in: 42 DLR (HCD) (1990) 344.......ted to this clear findÂing and therefore on all material points the appellate Court's judgment is not a judgment of reversal at all. 10. The trial Court also found after discussion of evidence on record that the suit land is possessed by the plaintiff-petitioner. The appellate Court beÂlow has ......f the appellate Court below are set aside and those of the trial Court are restored. Let the L.C. records be sent down immediately. Ed. This Case is also Reported in: 42 DLR (HCD) (1990) 344...Category: Property Law | Date: | Hits: 133
Fatima Begum (Mst.) Vs. Government of BanglaÂdesh and others, 1989, 18 CLC (HCD)
....e heard and disposed of afresh by the properly constituted Court of Settlement. Let the records of the case be sent down at once. Ed. This Case is also Reported in: 42 DLR (HCD) (1990) 342. ......re entering into the merit of the case it is necessary to decide whether the order was passed by a properly constituted Court and if not it will not be necessary to dispose of other points. 9. The record of the case was called for when the Rule was issued wherefrom it appears that on 10.6.87 the ......e heard and disposed of afresh by the properly constituted Court of Settlement. Let the records of the case be sent down at once. Ed. This Case is also Reported in: 42 DLR (HCD) (1990) 342. ..Category: Labour and Industrial Law | Date: | Hits: 197
Sultana Jute Mills Ltd. Vs. Chairman, Labour Court, Chittagong and others, 1989, 18 CLC (HCD)
....hout any order as to cost and the impugned order is declared to have been passed without lawful authority and it has no legal effect. Ed. This Case is also Reported in: 42 DLR (HCD) (1990) 340.......power supply was stopped due to the default of the employer to pay the arrear bills the correctness of which was disputed by the emÂployer. The learned Labour Court, on the basis of the materials on record, found that the stoppage of power supply was caused due to default of the EmÂployer and it w......hout any order as to cost and the impugned order is declared to have been passed without lawful authority and it has no legal effect. Ed. This Case is also Reported in: 42 DLR (HCD) (1990) 340...Category: Labour and Industrial Law | Date: | Hits: 193
Lal Banoo and others Vs. Md. Yasin Abdul Aziz and others, 1989, 18 CLC (HCD)
.... the result the appeal is dismissed without costs. The Judgement and decree passed by the learned Subordinate Judge, Dhaka is affirmed. Ed. This Case is also Reported in: 42 DLR (HCD) (1990) 335.......session of the properties in their respective share. Khadem, as the eldest son of Faloo, taking advantage of the confidence of his two sisters Joytonnessa and Anwara Bibi got his name surreptitiously recorded in the last settlement record as 16 annas owner of the aforesaid C.S. Khatian No.48 contain...... the result the appeal is dismissed without costs. The Judgement and decree passed by the learned Subordinate Judge, Dhaka is affirmed. Ed. This Case is also Reported in: 42 DLR (HCD) (1990) 335...Category: Property Law | Date: | Hits: 135
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