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....each of above Writ petitions.
20. After service of notices respondent Nos. 2 and 3 entered appearance in each of those writ petitions and filed separate affidavit-in-opposition stating almost same facts and denying the allegations that the impugned termination order dated 17-8-1997 was punishment......
Ed.
This Case is also Reported in: 51 DLR (1999) (HCD) 376.......olved in all the writ petitions, these are heard together and being disposed by same judgment which will govern all the writ petitions.
Ed.
This Case is also Reported in: 51 DLR (1999) (HCD) 376...
Category: Employment/Service Law | Date: | Hits: 160
Shahjahan (Md.) Vs. State, 1999, 28 CLC (HCD)
....man. The First Information Report was lodged on the same date by P.W.1, Md. Matiur Rahman, the father of the deceased Mahbubur Rahman. Mahbubur Rahman was eldest son of Matiur Rahman. 2. The short facts leading to the prosecution case are that, at about 7-00 AM on 2-10-92, the victim Mahbubur Rah...... M A Rouf Assistant Attorney-General - For the State. Death Reference No.13 of 1994. Judgment Abu Sayeed Ahammed J.- This Death Reference No.13 of 1994 has been made by the impugned judgment and order dated 10-7-94 passed by the Sessions Judge, Kishoreganj in Sessions Case 93 of 1993 awardi......all corroborated on, the point that they saw that the condemned prisoner after hurling fatal blow was fleeing away towards his house from the place of occurrence with the dao in his hand. Thus ocular evidence came from the mouth of the P.W.2. Although it is not direct evidence of hurling, dao blow a..Category: Criminal Law | Date: | Hits: 130
Bangladesh General Insurance Co. Ltd. Vs. Chalna Marine Products Co. Ltd., 1999, 28 CLC (HCD)
....oresaid decretal amount under section 47B of the Insurance Act, 1938 thereby modifying the aforesaid decree. 3. Both the appeals have arisen against the same Judgment and out of same and identical facts and those having been heard analogously by this Court, we like to dispose of the said appeals ...... is dismissed. Cases Referred to- Cox’s Vs. Employers’ Liability Assurance Corporation, Limited (1915 C. 2884), Law Reports, 1916, King’s Bench Division, Vol. II page 629; Borada Spinning and Weaving Co Ltd. Vs. Satyanarayan-Marine and Fire insurance Co Ltd., AIR 1914 Bombay 225; Girdhar...... not been filed within 6(six) months from the date of repudiation. The parties examined four witnesses each in the case and also produced a good number of documents and admitted those documents in evidence marking as exhibits. 6. The trial Court after hearing the case decreed the suit in full ..Category: Business or Commercial Law | Date: | Hits: 525
State Vs. Md. Bachchu Miah @ Abdul Mannan and 5 others, 1998, 27 CLC (HCD)
....tive for committing the crime and that accused Bachchu called and took away the victim in the morning of the date of occurrence and that P.W.9 saw the victim along with the accused persons. But these facts are not sufficient to hold that the accused persons, in fact, committed the murder. Suspicion,......eme Court High Court Division (Criminal Appellate Jurisdiction) Present: Md. Gholam Rabbani J Md. Nurul Islam J State……….Appellant Vs. Md. Bachchu Miah @ Abdul Mannan and 5 others…………………Respondents Judgment February 23, 1998. Result: The d......onfessional statements of two accused Bachchu and Jahangir Alam. P.W.5 Alamgir is the Daroga who filled up the FIR form. P.W.6 Shakawat Ali is the local practicing Advocate and the Notary Public. His evidence will be considered later on. P.W.8 Dr. Mamunur Rashid is the doctor who held autopsy on the..Category: Criminal Law | Date: | Hits: 129
Nurul Abser Chowdhury Vs. Jesmin Akther, 1999, 28 CLC (HCD)
.... Rule and subsequently extended from time to time lastly on 16-11-98 stand vacated. Lower Court’s record be sent down immediately. Ed. This Case is also Reported in: 51 DLR (1999) (HCD) 352.......rocedure, the propriety of the concurrent decision of the Courts below have been called in question whereupon Rule was issued calling upon the Opposite Party No.1 to show cause as to why the Judgment and decree dated 9-10-97 passed by the learned Subordinate Judge-cum Third Artha Rin Adalat, Sadar, ......t form? 2. Is there any ground to institute the suit? 3. Is the plaintiff entitled to any relief as prayed for? 4. What other reliefs the plaintiff is entitled to? 7. Oral and documentary evidences had been adduced by both the parties in support of their respective contentions/pleas. ..Category: Family Law | Date: | Hits: 211
Ayat Steels Limited Vs. Mohammad Ali, 2011, 40 CLC (HCD)
.... To substantiate his submission to the effect as above, Mr Bhuiyan placed reliance in the case of Al-Baraka Bank Vs. Rina Alam reported in 56 DLR 588. 16. Secondly, the plea of res judicata in the facts and circumstances of the case is not available at this stage inasmuch as question of maintaina...... 2011. Result: The appeal is dismissed. Cases Referred to- PT Krishnaswami Ayyangar Vs. Chevula Kamalamma, AIR 1941 PC 90 (92); (Obla) Sundarachriar Vs. Narayan Ayyar, AIR 1931 PC 36 (38 and 39); M Subramanian Vs. MLBM Lutchman, AIR 1923 PC 50 (53); Eagle Star Insurance Co Ltd. Vs. Usma......ry matter like an order of temporary injunction arising out of the main suit and the question raised before this Court by both the parties are matters to be decided by the trial Court on the basis of evidence to be adduced by both sides at the trial but for the purpose of a prima facie case we canno..Category: Civil Law | Date: | Hits: 235
State Vs. Manik Bala, 1988, 17 CLC (HCD)
....ned prisoner and co-accused Srajul Hoque under section 302/34 of the Penal Code read with section 6 of the Cruelty to Women Act, 1983. The learned Sessions Judge, however, on consideration of the facts and circumstances of the case took cognizance of the offence under section 302/34 of the Pen......Sarker J DM Ansaruddin Ahmed J State…………………Appellant Vs. Manik Bala…………………Respondent Judgment December 5, 1988. Result: The reference is rejected and the Jail appeal is allowed. Lawyers Involved: M. Shamsul Alam, Deputy Attorney General wit......esses examined by the prosecution in support of his case. 9. Mr. Md. Abdur Rahman Khan, the learned Advocate appearing on behalf on the condemned prisoner has submitted that there is no direct evidence of the murder in this case. The learned Advocate submitted that the confessional statemen..Category: Criminal Law | Date: | Hits: 142
Sona Mia Vs. Md. Zakaria & others, 1988, 17 CLC (HCD)
.... is quashed. But this will not debar the competent Court to make any complaint in accordance with law if it is thought to be necessary. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 433........ Barua, Advocate - For the State. Criminal Revision Case No. 194 of 1988. Judgment Fazle Hussain Mohammad Habibur Rahman J.- This Rule was issued calling upon the Deputy Commissioner, Dhaka and complainant opposite party No.1 Md. Zakaria to show cause why the proceedings in petition Case N...... take cognizance of the offence described in section 463 of the Penal Code alleged to have been committed by a party to any proceeding in any Court in respect of any document produced or given in evidence in such proceeding except on the complaint in writing of such Court, or some other Court ..Category: Criminal Law | Date: | Hits: 107
Abul Hashem Khan & others Vs. Md. Shamsuddin Khan & others, 1989, 18 CLC (HCD)
....ere the talk of the alleged contract was held and the tender of balance consideration was made and the names of the persons who attended the alleged talk and tender and the omissions to mention these facts in the plaint are vital omission and the subsequent introduction of the dates, places of talk ...... Md. Shamsuddin Khan & others...................................Respondents Judgment May 2, 1989. Result: The appeal is allowed. Cases Referred to- Sarwar Khan Vs. Gulam Sarwar and others, PLD 1982 AJ & K 126; Ram Singh Kundan Singh and sons and another Vs. Ram Chand Issar......ion, etc. that the assertion of the defendants that the talk of sale of the suit industry in 1978 was not finalised and when they refused the plaintiff brought the suit is not convincing, that no evidence was adduced by the defendants that plaintiffs were friendly with defendants, etc. On the ab..Category: Business or Commercial Law | Date: | Hits: 349
Khan Md. Ruhul Amin Vs. Chairman, Labour Court, Khulna and others, 1990, 19 CLC (HCD)
....f the Industrial Relations Ordinance. The teachers have their separate identity. Thus, the learned Counsel submits that the Labour Court upon proper consideration of the relevant law and the material facts has arrived at a correct finding that the petitioner does not come within the definition of th...... (Special Original Jurisdiction) Present: Md. Abdur Rouf J Md. Mozammel Haque J Khan Md. Ruhul Amin……………Petitioner Vs. Chairman, Labour Court of Khulna Division, Khulna and others…………..Respondents Judgment January 9, 1990. Result: The Rule is disch...... case be taken as a bar in that regard. With the above observations this Rule is discharged without, however, any order as to costs. Ed. This Case is also Reported in: 51 DLR (1999) (HCD) 347...Category: Labour and Industrial Law | Date: | Hits: 184
Khalilur Rahman (Md.) alias Ismail Vs. State, 1999, 28 CLC (HCD)
...., Dhaka, arising out of OR Case No.1778 of 1994 and Kotwali PS Case No.23 dated 17-8-1994, under section 25B(a) of the Special Powers Act (XIV of 1974) should not be quashed. 2. The short relevant facts are that, one Mr. Md. Alamgir Kabir, PPM Police Inspector, lodged a written First Information ...... Ismail………Petitioner Vs. State represented by the Deputy Commissioner, Dhaka………Opposite Party Judgment May 20, 1999. Lawyers Involved: Sultan Ahmad with Malik Syed Ahmad and Md. Joynul Abedin, Advocates — For the Petitioner. Abul Hossain Azadi, Assistant Attorney- ......ted earlier by this Court is hereby vacated. Send down the lower Court records. Let the petitioner be discharged from his bail bonds. Ed. This Case is also Reported in: 51 DLR (1999) (HCD) 344. ..Category: Others | Date: | Hits: 159
Muzaffar Ali and another Vs. Monwara Hospital & others, 1997, 26 CLC (HCD)
.... specific performance of contract it is not permissible to adjudicate on the question of title of stranger to the contract who need not therefore be made a party to such a suit. 13. In view of the facts and circumstances of the case and the decision reported in 43 DLR (AD) 107 and the decision re......his Case is also Reported in: 51 DLR (1999) (HCD) 341.......lier by this Court on 8-5-95 is hereby vacated and the learned Court below is directed to proceed with the suit in accordance with law. Ed. This Case is also Reported in: 51 DLR (1999) (HCD) 341...Category: Procedural Law | Date: | Hits: 121
Bangladesh Vs. Abdul Aziz and others, 2005, 34 CLC (HCD)
....d 30 days and hence the Court made the award a rule of the Court. On this point Mr. Rais Uddin, further argued that legal position is clear and there cannot be waiver or estoppels against law. In the facts and circumstances of the case Executing Court is also under legal obligation to see if the ins......t High Court Division (Civil Revisional Jurisdiction) Present: Syed Amirul Islam J Sheikh Abdul Awal J Bangladesh………………………………Petitioner Vs. Abdul Aziz and others………………………………Opposite Parties Judgment December 6 & 8, 20......cree is a nullity there remains nothing to proceed with the Execution case No.2 of 1998. Send down the Lower Court records at once. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 405...Category: Alternative Dispute Resolution | Date: | Hits: 291
Serajul Islam and others Vs. State, 1994, 23 CLC (HCD)
....acquitted and be set at liberty forthwith, if not wanted in connection with any other Case. Send down the record of the case at once. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 165. ......s Case is also Reported in: 48 DLR (HCD) (1996) 165. ......nal Code and another charge against them under section 148 of the Penal Code. At the trial the prosecution examined 11 witnesses and tendered 4 as against none by the defence. On consideration of the evidence on record the learned Sessions Judge found 8 accused persons including the appellants and a..Category: Criminal Law | Date: | Hits: 147
Abdul Kader Vs. Abdullah and others, 1998, 27 CLC (HCD)
....ordingly, the Rule is made absolute. The judgment and decree of the appellate Court is set aside. The suit is dismissed. No costs. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 435. ...... is also Reported in: 51 DLR (HCD) (1999) 435. ......ere given lease of the suit land on year to year basis, since 1977-78 they were in possession and the claim of possession of the plaintiffs is false. 8. In this context, both parties adduced their evidence both oral and documentary. 9. Trial Court disbelieved the contention of the plaintiff as..Category: Property Law | Date: | Hits: 105
Humayun Matubbar Vs. State, 1998, 27 CLC (HCD)
....fine of Taka 10,000.00 is altered to a sentence of Taka 3,000.00 in default to suffer Rigorous Imprisonment for 3(three) months more. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 433. ...... Assistant Attorney-General — For the State. Criminal Appeal No.431 of 1993. Judgment Mohammad Gholam Rabbani J.- Aleya Begum (P.W.1) came to the local Police Station on 11-6-91 at 2-15 PM and lodged the FIR stating that an ox owned by Maniruddin Matabbar entered into the jute field of he......e injured at the time of occurrence as stated in the First Information Report did not support the prosecution case. Both of them deposed that they did not witness the occurrence. It is found from the evidence of P.W.14 Dr. AM Nurul Islam that he treated P.W.11 Abdul Majid Molla and found simple inju..Category: Criminal Law | Date: | Hits: 108
Nurjahan Begum Vs. Government of the Peoples Republic of and others, 1998, 27 CLC (HCD)
....t any lawful authority and of no legal effect. 2. At the time of the issuance of the Rule the parties were directed to maintain status-quo in respect of possession of the property. 3. The short facts relevant are that CS Plot No.1009 measuring an area of 0.60 acre of land appertaining to CS Kh......Court High Court Division (Special Original Jurisdiction) Present: Mahfuzur Rahman J MA Aziz J Nurjahan Begum……........Petitioner Vs. Government of the Peoples Republic of and others..............Respondents Judgment May 19, 1998. Case Referred To- Md. Shoai...... 2-9-87 (Annexure H) and the notice dated 24-10-1987 (Annexure-J) within one month from the date of receipt of this judgment and order. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 426...Category: Property Law | Date: | Hits: 156
Abdur Rahman Vs. Sajjadur Rahman, 1999, 28 CLC (HCD)
....urt thereupon by the impugned order dated 17-10-1989 by a cryptic order accepted the filing of the additional written statement without assigning any reason. 5. The question that has arisen in the facts and circumstances of the case is, as to whether the trial Court has acted in accordance with l......s plaintiff filed Title Suit No.164 of 1977 which was subsequently renumbered as Title Suit No.159 of 1984 on transfer. The aforesaid suit is for specific performance of contract of sale of the suit land. The petitioner has alleged in the plaint that the predecessor-in-interest of the defendant-oppo......is set aside without any order as to costs. The trial Court is directed to proceed with the suit and dispose of the same expeditiously. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 420...Category: Procedural Law | Date: | Hits: 148
.... and Qazi Din Mohammad Vs. Al-Haj Arzan Ali and another, 47 DLR (AD) 48. Nurullah submits that the case of Latifur Rahman and others Vs. Golam Ahmed Shah, 39 DLR (AD) 242, is distinguishable from the facts of the present case and that the ground for solatitium does not apply to the facts and circums......
High Court Division
(Civil)
Present:
Md. Abdul Karim J
Md. Ali Asgar Khan J
Yousuf (Md.)…….......Appellant
Vs.
Hajee Abdul Wahab being dead his heirs Hajee Shahida Khatun and others…………....Respondents
Judgment
October 28, 1997.
Result:
The appeal is d...... the contract was bound to cause hardship on the defendant which he did not foresee whereas its non performance would (cause) no such hardship on the plaintiff.
16. In this case we may examine the evidence adduced on the point of physical and mental incapacity of the defendant occurring after the..
Category: Property Law | Date: | Hits: 120
Ebadat Ali Vs. Ismail Hossain Akhond & others, 1989, 18 CLC (HCD)
....nt Upazilas within the district of Bogra under section 24 of the Code of Civil Procedure for trial and disposal. The above Rules are heard together and disposed of by this one judgment. 2. Short facts giving rise to Civil Revision No.621 of 1987 (Dhaka) renumbered as Civil Revision No.520 of 19...................Petitioner Vs. Ismail Hossain Akhond & others.......................Opposite Party Judgment April 27, 1989. Cases Referred to- A.K.M. Ruhul Amin Vs. District Judge and Appellate Election Tribunal, Bhola and ors, 38 DLR (AD) 1972; 6 DLR (FC) 56; 11 DLR (SC) 200; ......uty Attorney-General as amicus curiae in this matter. Let a copy of the judgment be transmitted to the Courts below expeditiously. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 490. ..Category: Procedural Law | Date: | Hits: 152
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