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Sirajuddin Sarkar Vs. Md. Fazlul Haque and others, 2012, 41 CLC (HCD)

....e No.2958 of 1994 under sections 482 and 483 of the Penal Code in accordance with law. Communicate a copy of the judgment. Soumendra Sarder J.- I agree. Ed. This Case is also Reported in: ......tay. The case has been appearing in the cause list since 23.3.2012 with the name of learned Advocate for petitioner. Today it is taken up for hearing, but no one appears for either of the parties. In view of its long pendency, we take it up for disposal. 6. It appears that the accused moved the a..

Category: Procedural Law | Date: | Hits: 114

Md. Shah Alam Vs. State, 2011, 40 CLC (HCD)

....he sentence as altered, if he is not wanted in any other case. Send down the lower Court’s record with a copy of this judgment. Borhanuddin J.- I agree. Ed. This Case is also Reported in:......ed to show that the deceased was killed by her husband with a pre-plan. As such it could have believed that due to quarrel as stated in evidence the deceased was killed by her husband…” 21. In view of the evidence on records, and the discussion made above we hold that the prosecution was able..

Category: Criminal Law | Date: | Hits: 114

Md. Alamgir Bhuiyan Vs. State, 2012, 41 CLC (HCD)

....e order of stay granted at the time of issuance of the Rule is vacated. Communicate a copy of the judgment immediately. Mohammad Marzi-ul-Huq J.- I agree. Ed. This Case is also Reported in: ......iminal miscellaneous has been appearing in the cause list for several days with name of the Advocate for petitioner. It was called for hearing on 15.3.2012, but no one for the petitioner appeared. In view of its long pendency we took it up for disposal and allowed the Assistant Attorney General to m..

Category: Criminal Law | Date: | Hits: 85

Md. Manzil alias Md. Manzil Miah Vs. State, 2012, 41 CLC (HCD)

....y the trial Court. In case of his failure to do so, the law will take its own course. Send down the lower Court records. Mohammad Marzi-ul-Huq J.- I agree. Ed. This Case is also Reported in: ......il. This appeal has been appearing in the cause list for several days with name of the learned Advocate for the appellant. Today it is taken up for hearing, but no one appears to press the appeal. In view of its long pendency for more than nine years, we take it up for disposal even in absence of th..

Category: Criminal Law | Date: | Hits: 87

Md. Haider Alam Vs. State, 2012, 41 CLC (HCD)

....entence, if any. In case of his failure to do so, the law will take its own course. Send down the lower Court’s record. Mohammad Marzi-ul-Huq J.- I agree. Ed. This Case is also Reported in: ......il. 6. This appeal has been appearing in the cause list for several days with name of the Advocate for appellant. Yesterday it was taken up for hearing, but no one appeared to press the appeal. In view of its long pendency, we took it up for disposal and allowed Mr. Khizir Hayat, learned Deputy A..

Category: Criminal Law | Date: | Hits: 113

Moulana Farid Uddin Masud Vs. State, 2012, 41 CLC (HCD)

....tropolitan Special Tribunal Case No.1145 of 2005 is hereby set aside. Communicate a copy of the judgment. Ed. Mohammad Marzi-ul-Huq J.- I agree. Ed. This Case is also Reported in: ......the purpose of showing alamats in any other case. Since the appellant has been discharged in the present case, question of proving the articles as alamats in the present case does not arise. 5. In view of the above, we find substance in submissions of learned Advocate for the appellant. Learned J..

Category: Criminal Law | Date: | Hits: 132

Md. Saiful Islam alias Maznu Vs. State, 2010, 39 CLC (HCD)

....custody during the trial will be deducted under section 35A of the Code. Send down the lower Court’s records. Mohammad Marzi-ul-Huq J.- I agree. Ed. This Case is also Reported in: ...... important indication of throttling, which is absent in the present case. Some abrasions were found at the upper part of her neck, which strongly suggest that she had committed suicide by hanging. In view of the above, alleged murder of the victim by way of throttling having not been proved beyond r..

Category: Criminal Law | Date: | Hits: 110

Sahajahan and others Vs. State, 2012, 41 CLC (HCD)

....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: ......e with an order of stay. 6. This criminal revision has been appearing in the cause list for several days. Today it has been posted with name of the Advocate for petitioners, but no one appears. In view of its long pendency for nearly twenty years, we take it up for disposal and allow the Assistan..

Category: Criminal Law | Date: | Hits: 124

Noab Mia and another Vs. State, 2012, 41 CLC (HCD)

....nder before the trial Court to serve out the remaining period of their sentences. Send down the records of lower Courts. Mohammad Marzi-ul-Huq J.- I agree. Ed. This Case is also Reported in: ...... 5. This revisional application has been appearing in the cause list for several days with name of the Advocate for petitioners. It is taken up for hearing, but no one appears to support the Rule. In view of its long pendency for more than twenty years, we take it up for disposal and allow the Assis..

Category: Limitation Law | Date: | Hits: 194

Taju Mia and others Vs. State and another, 2012, 41 CLC (HCD)

....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: ......stay. 5. This criminal revision has been appearing in the cause list for several days with name of the Advocate for petitioners. We take it up for hearing, but no one appears to press the Rule. In view of its long pendency for nearly twenty years, we take it up for disposal and allow the Assistan..

Category: Procedural Law | Date: | Hits: 112

Adamjee Jute Mills Ltd. Vs. Chairman, Third Labour Court, and another, 1989, 18 CLC (HCD)

....missal of the respondent No.2 is modi­fied to the extent that the dismissal of respondent No.2 be treated as discharge from service. Ed. This Case is also Reported in: 42 DLR (HCD) (1990) 371. ......No.2. 15. It is true that the leaned Labour Court found that the domestic enquiry against the employee was not legally and properly held. But coming to such finding the learned Labour Court look a view different from the view expressed by the domestic tri­bunal purely on question of facts which ..

Category: Labour and Industrial Law | Date: | Hits: 160

Bangladesh Can Compa­ny Ltd. Vs. Chairman, Labour Court, Chittagong and others, 1989, 18 CLC (HCD)

.... made absolute without any order as to costs. The impugned order was passed without any lawful authority and is of no legal ef­fect. Ed. This Case is also Reported in: 42 DLR (HCD) (1990) 368. ...... to the Government of Bangladesh at Mujibnagar but abstained from doing their duties under the then Government of East Pakistan/Pakistan and did not receive any salary from the said Government with a view to participate in the war of liberation for a continuous period of 3 months. Their further case..

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. ......ly contained 5 kathas and 8 chattaks, not 7 kathas and 8 chattaks. Government did not accept the prayer made by the petitioner made in so many application nor the Government denied the claim. In this view of the matter we must rely upon the lease deed itself which is a registered deed executed betwe..

Category: Property Law | Date: | Hits: 115

Ashraf Miah (Md.) Vs. State, 2003, 32 CLC (HCD)

....se No.38/1999 arising out of Tongi Police Station Case No.8(1)/99 now pending in the Court of Magistrate , Gazipur is hereby quashed. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 509. ......t does not disclose any criminal offence. More so, the allegation as made in the first information report discloses a Civil liability for which the Criminal Proceeding cannot but be quashed. 5. In view of our above discussion, we do not find that there is any ingredients of sections 406/420 of th..

Category: Criminal Law | Date: | Hits: 99

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. ...... after obtaining the training/higher degree/experience and approval of the concerned authority. The concerned authority of the teachers/staffs of a Non-Government College is its Governing Body and in view of the Governing Body Rules, 1994, such Governing Body is the controlling authority in the case..

Category: Employment/Service Law | Date: | Hits: 147

Kazi Rokanuddin Ahmed and another Vs. Labour Court and others, 2011, 40 CLC (HCD)

....desh Labour Law (Criminal) Case No.368 of 2010, is hereby declared unlawful, malafide, out of jurisdiction and is of no legal effect. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 382. ......the filing of BLL (Criminal) case No.368 of 2010 is illegal and is liable to be quashed. 17. Considering the facts and circumstances of the case and the discussions made above it is our considered view that the initiation and continuation of the criminal proceeding against the petitioners under s..

Category: Labour and Industrial Law | Date: | Hits: 145

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. ......t in the definition of local authority as mentioned above the Red Crescent Society being a body established by the Government under President Order No.26 of 1973 the respondents to come within the purview of Article 102(2)(a)(ii) of the Constitution. In support of his submission Mr. SM Monir refers ..

Category: Civil Law | Date: | Hits: 169

KN Enterprise Vs. Eastern Bank Ltd and others, 2011, 40 CLC (HCD)

.... 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.......aced on the case of Korea Exchange Bank, Seoul. Korea Vs. Gemini Garments Limited reported in 56 DLR 392. It that decision, it has been held in para­graph 144: "144. In summarizing, we are of the view that an irrevocable letter of credit constitutes a definite undertaking of the issuing bank, wh..

Category: Civil Law | Date: | Hits: 212

Amal Cabraal Vs. Golam Murtaza, 2003, 32 CLC (HCD)

....ged and the Rule in the Criminal Miscellaneous Case No.4042 of 1998 is made absolute. The stay orders made earlier and hereby vacated. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 492.......ctivity. They are producing a soap named "Lifebuoy" the demand of which was decreasing day by day, whereas the soap produced by the complainant company were gaining its popularity. The accused with a view to hamper the popularity of the complainant's company, started advertising their products over ..

Category: Criminal Law | Date: | Hits: 126

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.......ife in the same house just before the occurrence. It was disclosed that accused appellant Abdul Majid had earlier wife and children. Naturally, the marriage of victim by appellant Abdul Majid was not viewed well by the 1st wife and children. It was also disclosed that appellant Abdul Majid had to li..

Category: Criminal Law | Date: | Hits: 112