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....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.......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.......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..
Category: Procedural Law | Date: | Hits: 131
Azizul Huq (Md.) Vs. Chairman, Labour Court, Khulna and Others, 1996, 25 CLC (HCD)
....and of no legal effect and respondent No.2 is directed to reinstate the petitioner in his service with 50% back wages within 60 days. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 527. ......and of no legal effect and respondent No.2 is directed to reinstate the petitioner in his service with 50% back wages within 60 days. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 527. ......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..Category: Labour and Industrial Law | Date: | Hits: 162
Abdus Sattar Vs. Chairman, Labour Court, Chittagong and another, 1996, 25 CLC (HCD)
....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. ......es of NKI and 60 piece of LN Key screws given to him for repairing a machine of the said mills. But it appears from the inquiry report that he returned some spare parts after repairing the machine in question. Defence of the petitioner before the inquiry committee was that he made over remaining spa......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..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.
...... representation there at the expenses of the Dhaka Chamber of Commerce and Industry.
24. Now, even if that asking for representation would be at the expenses of the Dhaka Chamber of Commerce the question to be answered is whether respondent No.4 would be barred by estoppel or waiver from asking......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..
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. ......ddin Ahmed J.- By the application under Article 102 of the Constitution an order dated 4‑11‑91 passed by the Chairman, Labour Court, Chittagong in complaint Case No.182 of 1986 has been called in question. 2. The respondent No.2 of this writ petition named Nurul Haque was a worker designated ......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..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. ......Procedure is not maintainable. In support of his contention he referred to the Union Parishad Election Rules 13(4) which is as follows: "If any election petition is filed with the Tribunal calling in question the validity of any election, the deposits concerning that election shall neither be refund......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..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. ......th A.K.M. Zahirul Huq, Advocates -For the Opposite Party No.1. Civil Revision No.129 of 1986. Judgment Bimalendu Bikash Roy Chowdhury 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......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..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. ......ission to examine the complainant as required by section 200 of the Code of Criminal Procedure is a serious irregularity, but it is not an irregularity which necessarily vitiates the proceedings. The question to be seen in each case is whether where the person raising the objection has been prejudic......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. ..Category: Criminal Law | Date: | Hits: 168
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. ......nd set aside the judgment and decree of the lower Appellate Court so far as they relate to the pathway over Plot Nos.1 and 2 and sent the case back to that court for re‑hearing of the appeal on the question of pathway in accordance with law and in the light of the observations made above." T......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. ..Category: Civil Law | Date: | Hits: 147
Rezaul Karim Vs. Jahanara Begum, 1991, 20 CLC (HCD)
....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 by the learned Advocate appearing for the plaintiff opposite part...... For the Petitioner. 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 ......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..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. ......under the provisions of XXXVII of the Civil Procedure Code where the defendant discloses upon his affidavits facts which may constitute a plausible defence or even show that there is some substantial question of fact or law which needs to be tried or investigation into, then he is entitled to leave ......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..Category: Procedural Law | Date: | Hits: 125
Super Oil Refinery Ltd. Vs. Commissioner Customs and others, 2010, 39 CLC (HCD)
....h law as early as possible preferably within 1(one) month from the date of receipt of this judgment and order. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 6; 30 BLD (HCD) (2010) 149. ......al Manifest (IGM)" submitted by the respondent No.3 shipping agent has been found proper. 8. Thereafter the petitioner filed writ petition No.7428 of 2003 seeking direction to release the goods in question and accordingly Rule was issued on 14-12-2003 and ad-interim order was passed in the follow......h law as early as possible preferably within 1(one) month from the date of receipt of this judgment and order. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 6; 30 BLD (HCD) (2010) 149. ..Category: Fiscal/Taxation Law | Date: | Hits: 172
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. ......2. SS Sarker, Deputy Attorney-General - For the Opposite Parties. Civil Revision No.941 of 2005 with Civil Revision No.1372 of 2004. Judgment Sharif Uddin Chaklader J.- In these two rules question calls for determination are same whether the loanee judgment debtor could maintain his prop......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. ..Category: Civil Law | Date: | Hits: 198
Mohiuddin Ahmed and others Vs. State, 2011, 40 CLC (HCD)
....ated 2-11-1993 under the section 506 of the Penal Code and the proceeding in the said case is hereby quashed. Communicate at once. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 564. ......bmission pressed into service by the learned Counsel for the petitioner. 7. Heard the learned Counsel for both sides and perused the application with annexures there to carefully. 8. The moot question that falls for consideration by us is weather a non-GR case can be investigated into by t......ated 2-11-1993 under the section 506 of the Penal Code and the proceeding in the said case is hereby quashed. Communicate at once. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 564. ..Category: Criminal Law | Date: | Hits: 90
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. ......half of the defendant Nos.1 and 2 and defendant Nos.3 and 4 as borgadars of defendant Nos.1 and 2 have been possessing the same. Defendant Nos.6 has no personal interest in the suit land. There is no question of these defendants forcibly entering into the suit land as they are in possession. The kab......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. ..Category: Property Law | Date: | Hits: 154
Javed Traders and another Vs. Premier Soap Factory Ltd. and another, 1992, 21 CLC (HCD)
....of Or. 37 CPC and in the light of the observation made above. In the result, the Rule is made absolute. No order as to costs. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 490........12.88 the date for filing written statement was extended to 3.1.89. Thus, in the instant case there being no application filed within time mentioned in the summons to appear and defend the suit, the question of granting leave does not arise at all and we are of the opinion that in a suit instituted......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..Category: Procedural Law | Date: | Hits: 155
Abdul Quddus Vs. Government of Bangladesh, 1990, 19 CLC (HCD)
....have no reason to interfere with the judgment and order. In the result, the Rule is discharged. We make no order as to costs. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 484.......mily member to Pakistan or that they are residing in Pakistan. He also submitted that the petitioner had no locus standi to be a party in the Court of Settlement or to contest the same. 15. The question before us is whether or not the property in question is an abandoned property under Preside......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..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.......offence. The requirement of law is that the number of persons involved in the commission of the dacoity be 5 or more and not 5 or more persons should be charged for commission of such offence. This question has been settled by the full Bench decision of the Dhaka High Court in the case of Hachi Me......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...Category: Criminal Law | Date: | Hits: 142
Kala Chand alias Chand Mia & others Vs. Karim Khan and others, 2002, 31 CLC (HCD)
....nate Judge, 1st Court, Narayangonj in Title Appeal No.148 of 1994 is hereby set aside. Send down the lower court records at once. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 564. ...... the rent receipt to the government (marked as Exhibit 5) in this connection. He has referred 30 DLR (SC) 41 "the private document made an exhibit on its formal proof, presumption as to its writing—question of its genuineness is a question of fact" and he submits that the Exhibit 6 are all private......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..Category: Property Law | Date: | Hits: 144
.... of law and thus call for no interference from this Court.
Accordingly, the Rule is discharged without any order as to costs.
Ed.
This Case is also Reported in: 44 DLR (HCD) (1992) 406....... of law and thus call for no interference from this Court.
Accordingly, the Rule is discharged without any order as to costs.
Ed.
This Case is also Reported in: 44 DLR (HCD) (1992) 406....... 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..
Category: Labour and Industrial Law | Date: | Hits: 233
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