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Rezaul Karim Razu Vs. State, 2004, 33 CLC (HCD)
....used appellant has referred to the case of Mozammel Hossain Vs. State, reported in 49 DLR 614, wherein it has been held that no licence is required to keep possession of any dagger and, as such, a person does not commit an offence by keeping a dagger in his possession without any licence. 8. Mr. ......appeal is dismissed. The stay order granted earlier by this Court is hereby vacated. Communicate this order to the Court concerned at once. Ed. This Case is also Reported in: 57 DLR (2005) 104. ......e is required for keeping a dagger and consequently a person cannot be convicted if he is found in possession of such weapon and, as such, set aside the order of conviction and sentence passed by the trial Court. 11. Now let us consider the decisions referred to by the learned Assistant Attorney-......ection 19(f) of the Arms Act. 2. The short fact, stated briefly, is that on 12-6‑1998, at 13‑45 hours, accused appellant Rezaul Karim (Razu) was arrested from Latabaria Surjomukhi Tarun Club and one dagger measuring 18" and one razor measuring 8" were recovered from his possession by inform..Category: Criminal Law | Date: | Hits: 78
Lalit Kumar Roy and 2 others Vs. Krishnapada Biswas & others, 2002, 31 CLC (HCD)
....t land measuring about 10.15 acres for a separate joint share of about 6.10 acres. The plaint case, in short, is that one Paban Mondal was the original owner in possession of the suit land. Without a son, he died leaving three daughters, namely, Boro Panchi alias Aina, Jhoharmoni and Chota Panchi al......nt and decree of the Court of appeal below reversing those of the trial Court in dismissing the suit are hereby upheld. Order of status quo as granted at the time of issue of the Rule on 16-8-99 is recalled and vacated. Send down the records at once. Ed. This Case is also Reported in: 57 D...... while the defendant No.1 also examined same number of witnesses. Plaintiffs' documents were marked exhibit No.1 to 3 series while those of the defendant No.1 as Exhibit Nos. A to E series. 9. The trial Court decreed the suit as prayed for allotting to the plaintiffs a joint share of 6.10 acres o......This Case is also Reported in: 57 DLR (2005) 80. ..Category: Property Law | Date: | Hits: 64
Abdur Razzaque (Md) Vs. State, 2003, 32 CLC (HCD)
....an Case No. 18 of 1998 convicting accused appellant Md. Abdur Razzaque under section 6(1) of Nari‑o‑Shishu Nirjatan Daman (Bishesh Bidhan) Ain, 1995 and sentencing him thereunder to suffer imprisonment for life. 2. Broad facts relevant for the purpose of the case are that, on the night foll......ly, accused-appellant Abdur Razzaque is sentenced thereunder to suffer RI for ten (10) years. Send down the lower Court records at once. Ed. This Case is also Reported in: 56 DLR (2004) 510. ......3. The police after usual investigation submitted charge-sheet against accused-appellant Abdur Razzaque under section 6(1) of the Nari‑o-Shishu Nirjatan Daman (Bishesh Bidhan) Ain, 1995, to stand trial before the Court. 4. Upon the aforesaid allegations, accused appellant Abdur Razzaque was......zaque (Md).....Appellant Vs. State……………………………Respondent Judgment November 9, 2003. Result: The appeal is allowed in part. Cases Referred to- Gopi Shanker and others Vs. State (Rajasthan), 1967 CrLJ 922; Lahore High Court Vs. Emperor, AIR 1933 Lahore 1002..Category: Criminal Law | Date: | Hits: 94
Padma Oil Co. Ltd. Vs. SM Nurul Islam and others, 2002, 31 CLC (HCD)
....d J Padma Oil Co. Ltd .............................Petitioner Vs. SM Nurul Islam and ors ...... ................Opposite Parties Judgment May 21, 2002. Result: The Rule is made absolute. Cases Referred to- New Dhaka Industries Ltd Vs. Ouamrul Huda and others, 31 DLR (AD) 2...... as to cost. The order of stay granted at the time of issuance of the Rule stands vacated. Send down the lower Court records at once. Ed. This Case is also Reported in: 56 DLR (2004) 505. ......y against plaintiff-opposite party No. 1. With these assertions the petitioner-company prayed for dismissal of the suit. 4. The plaintiff examined 1 PW and the defendant examined 1 DW. The learned trial Court vide his judgment and decree dated 6‑7‑1998 decreed the suit. Being aggrieved by the......004) 505. ..Category: Employment/Service Law | Date: | Hits: 122
Mehedi Hasan Vs. State, 2011, 40 CLC (HCD)
....ye J Md. Rezaul Hasan J Mehedi Hasan.........................Petitioner Vs. The State.........................Opposite party Judgment June 16, 2011. Result: The Rule is made absolute. Lawyers Involved: Yousuf Hossain Humayun, Senior Advocate with Ahsanul Karim, Advocate......a bundle of facts which are to be proved before the trial Court by adducing evidence. Accordingly, the learned advocate for the ACC submits that the interference under section 561A of the Code is not called for at this stage, hence he prayed for discharging the rule. We have heard the learned adv......he Penal Code and section 5(2) of the Prevention of Corruption Act, 1947. He has transferred the said Metropolitan Special Case No. 116(ঝ) 72007 to the Court of Special Judge, Court No.3, Dhaka for trial, wherein it has been renumbered as Special Case No. 18 of 2007. 7. Thereafter the said Cour...... Result: The Rule is made absolute. Lawyers Involved: Yousuf Hossain Humayun, Senior Advocate with Ahsanul Karim, Advocate with Khairul Alam Chowdhury, Advocate with Aminul Haque, Advocate and Tanvir Hossain Khan, Advocate - For the petitioner. Md. Mosharraf Hossain Sarder, Deputy Atto..Category: Administrative Law | Date: | Hits: 173
Noor Alam Vs. Sonali Bank and others, 2011, 40 CLC (HCD)
....Tk. 15,00,000/- under Mouza Gulshan adjacent to Road No. 8 in Gulshan Model Town owned by the defendant No. 2, the proprietor of defendant No.1; that defendant No. 3 vide his letter dated 15-9-1980 also prayed to the plaintiff Bank to issue a Bank Guarantee for TK 6,50,000/- on behalf of the defenda......m other defendant Nos. 1-2 in accordance with law. Let a copy of this judgment along with lower Court's record be sent down at once. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 332.......inal deed the defendant No. 3 requested to the plaintiff-Bank to return his deed relating to "B-schedule" property of the plaint and as such the suit is liable to be dismissed with cost. 4. At the trial the plaintiff-Bank (respondent No. 1) examined as many as 4 (four) witnesses and only contesti......332...Category: Procedural Law | Date: | Hits: 107
Industrialisation Fund for Developing Countries Vs. Northern Corporation Limited, 2010, 39 CLC (HCD)
....rticle 14 of the Loan Agreement envisages the loan to be secured as hereunder in the form of a Guarantee provided by the Local Partner ("LP"), i.e., the Opposite Party Northern Corporation Limited, also a Bangladeshi entity: "Article 14. Guarantee.- 1. The due repayment of principal, and payme......he Opposite Party of the Borrower's default of the Loan Agreement. Furthermore, directly putting the Opposite Party on notice of the nature of such default, the Petitioner by a letter dated 8.10.2009 called in the Guarantee and made a formal demand of the Opposite Party for payment of the principal ...... MLR (HCD) (2011) 313; 30 BLD (HCD) (2010) 623. ......ory Jurisdiction) Present: Syed Refaat Ahmed J The Industrialisation Fund for Developing Countries (IFU), having its office formerly at Bremerholm 4, 1069 Copenhegen K, Denmark, and currently at 27, Fredericiagade, 1310 Kobenhavn K., Denmark............................Petitione..Category: Alternative Dispute Resolution | Date: | Hits: 222
Md. Abdul Bari and others Vs. Government of Bangladesh and others, 2010, 39 CLC (HCD)
....in-Charge, Gopalganj, 41 DLR (AD) 30; Md. Ismail Hossain Vs. Government of Bangladesh, 27 DLR (AD) 353; Daily Rated Casual Labour Vs. Union of India, AIR 1987 (SC) 2342; Kerala Hotel and Restaurant Association Vs. State of Kerala, AIR 1990 (SC) 913; Dr. AK Jain Vs. Union of India, 1987 (Supp) SCC 49......7-10-2004 was in relation to the presence of a nail in the food supplied by BFCC to Qatar Airways and the observations made therein vis-a-vis the service conditions of the two sets of employees are uncalled-for, unjustified and unwarranted. 9. In the Supplementary Affidavit-in-Opposition da...... The Rule, therefore, fails. Accordingly, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 63 DLR (HD) (2011) 27; 30 BLD (HCD) (2010) 465. ...... (HD) (2011) 27; 30 BLD (HCD) (2010) 465. ..Category: Employment/Service Law | Date: | Hits: 145
Sheikh Hasina Wazed @ Sheikh Hasina Vs. State and another, 2010, 39 CLC (HCD)
....a..................Accused-Petitioner Vs. State and another..................................................Opposite-Parties Judgment March 11, 2010. Result: The rule is made absolute. Cases Referred to- State of Haryana Vs. Bhajan Lal, AIR 1992 (SC) 604; State Vs. Abdul......e proposal was not matter for consideration at that time, yet for the personal benefit and to create opportunities for the sponsor, the Secretary, Ministry of Energy and Mineral Resource on 28-6-1998 called for the opinion of Petro Bangla. The then Petro Bangla sent the proposal of BAPEX and Reservo......ich comes under the purview of section 409 of the Penal Code and section 5(2) of Act II, 1947 of the Prevention of Corruption Act and the FIR contained bundle of facts which cannot be decided without trial. He further submits that the petitioner had alternative remedy inasmuch as she could file ap......vision (Criminal Miscellaneous Jurisdiction) Present: Md. Shamsul Huda J AB Siddiquee J Sheikh Hasina Wazed alias Sheikh Hasina..................Accused-Petitioner Vs. State and another..................................................Opposite-Parties Judgment March..Category: Criminal Law | Date: | Hits: 126
Altaf Miah Vs. Md. Anwar Hossain and another, 1982, 11 CLC (AD)
....opy of the judgment written by my learned brother Badrul Haider Chowdhurv J. which happens to be the majority judgment of the Court. Finding myself not in agreement with the decision I give my own reasons for allowing the appeal. 2. In this appeal by special leave the question for consideration i......lowed. Now, how the court will be guided has been laid down by the judicial decisions over the years in the subcontinent. 17. “Where there is a vacancy in the office of Mutwalli and the Court is called upon to appoint Mutwalli the Court will ordinarily appoint a member of the founder's family i...... COURT By the majority opinion the appeal is dismissed with costs and the judgment and order of the High Court Division are affirmed. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 108....... Islam J Badrul Haider Chowhury J Shahabuddin Ahmed J Chowdhury ATM Masud J Altaf Miah………………………………………………………Appellant Vs. Md. Anwar Hossain and another………………..Respondent Judgment May 18, 1982. Result: The appeal is d..Category: Trust/Waqf Law | Date: | Hits: 188
....3 of the Kaptai Rope Line and RD & BE Project, a project of Bangladesh Chemical Industries Corporation. The said Union on merger of the said Project with Karnaphuli Paper Mills Limited passed a resolution to change its name from the original name to Karnaphuli Paper Mills Sramik Karmachari Union...... question of jurisdiction of the Civil Court and has cited number of decisions and placed relevant provision of law. In my opinion a detailed discussion on those decisions and provision of law is not called for in disposing of the present application. Those mailers may be considered at the lime of h......s Court on 23.11.88 arise out of the said order.
4. In this application the petitioner stated that before expiry of the time allowed to the Registrar of the Trade Union under section 8 of the Industrial Relations Ordinance for according approval to change the name and the constitution, the oppo......Petitioner
Vs.
Registrar of Trade Unions, Chittagong & others.......................Opposite Parties
Judgment
January 30, 1989.
Result:
The application is allowed on contest and order of ad-interim injunction is set aside.
Lawyers Involved:
A.Y. Salehuzzaman with SK. ..
Category: Labour and Industrial Law | Date: | Hits: 203
Jagodish Chandra Dutta Vs. M. H. Azad, 1989, 18 CLC (HCD)
....and submitted that the Labour Court is not a Court subordinate to the High Court within the meaning of section 435 of the Code of Criminal Procedure as such this Rule is liable to be discharged. He also submitted that the learned Labour Court after considering the facts and circumstances of the case......al. (4) All decisions of Labour Court, other than awards referred to in sub-section (3) of this section, and sentences referred to in sub-section (3) of section 36, shall be final and shall not be called in question in any manner by or before any Court or other authority." 12. So, obviously th...... respective favour. 10. The Labour Court has been defined in the Employment of Labour (Standing Orders) Act. Section 2(K) as follows:- “'Labour Court' means a Court constituted under the Industrial Disputes Ordinance, 1969." 11. Although the same Labour Court exercises jurisdiction under ...... This Case is also Reported in: 41 DLR (HCD) (1989) 257. ..Category: Labour and Industrial Law | Date: | Hits: 177
Md. Nawab Ali Khondker Vs. Md. Aminuddin & Others, 1989, 18 CLC (HCD)
....on Parishad should not be declared to have been made without any lawful authority and of no legal effect and why the petitioner should not be declared as Chairman of the said Union Parishad and also the election of Malonchi Union Parishad Polling Centre being illegal and void re-election of that......ner. There is no apparent violation of any rule and furthermore this point also involves a question of fact as to how and in what manner the rules have been violated. 8. In the present case we are called upon to decide a complicated question of disputed fact which can be better settled upon evi......e, if any, for vindication of his right, if so advised. In the result, therefore, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 41 (HCD) DLR 254. ......r Vs. Md. Aminuddin & Others.........................Respondents Judgment February 16, 1989. Result: The Rule is discharged. Cases Referred to- 34 DLR 147; Shahabuddin Iskandar Vs. Bangladesh Election Commission & others, 27 DLR 475; Amjad Hossain Howlader Vs. Govt. ..Category: Election Law | Date: | Hits: 171
Abdul Hannan Chowdhury and Asgar Hossain Vs. Shamsul Huq Sikder and the State, 1989, 18 CLC (HCD)
....g Court, Dhaka on 30.3.88 in Drug Case No.3 of 1987 convicting the appellants under section 16 of the Drugs (Control) Ordinance, 1982 and sentencing each of them there under to suffer rigorous imprisonment for a period of 3 years and a fine of Tk. 50,000/- each with a default order. 2. Facts le......bt and they are released from their bail bonds immediately. The appeal is therefore, allowed. Send down the L.C. records at once. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 246. ......arrested and subsequently released when this proceeding was going on and Hoechst did not produce that witness in Court. He was a material witness and defence suggested that he was withheld at the trial by prosecution with a malafide purpose and because his evidence will go against the prosecutio......o Reported in: 41 DLR (HCD) (1989) 246. ..Category: Criminal Law | Date: | Hits: 83
Maulana Abdul Motin & others Vs. Shah Alam Bhuiyan & others, 1989, 28 CLC (HCD)
..... The plaint case is that the suit land measuring .13 decimals of land out of C.S. plot No.1566 comprising a total area of 2.30 acres. One Chandra Mondal was the original owner of the suit plot who sold it to Rahim Box Bepari and Rahim Box possessed it for some time and after his death his heirs......scharged without any order as to costs. The stay order granted by this Court staying all further proceeding in title suit is vacated. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 243. ...... defendant being aggrieved by the order of refusal of local investigation has moved this Court and has obtained this Rule. 4. Thus the only point that is to be decided in this Rule is, whether the trial Judge has committed any illegality in refusing the prayer for local investigation. 5. Mr.................Petitioners Vs. Shah Alam Bhuiyan & others............Opposite Parties Judgment February 9, 1989. Result: The Rule is discharged. Lawyers Involved: Md. Akkas Ali and S.R. Karmaker, Advocates - For the Petitioners. Wahidul Momen Chowdhury, Advocate - For the O..Category: Procedural Law | Date: | Hits: 82
Dr. Mohiuddin Farooque and another Vs. Bangladesh, 1997, 26 CLC (HCD)
.... and Flood Control, Government of the People's Republic of Bangladesh, and others............Respondent (In both the Writ Petitions) Judgment August 28, 1997. Result: The Rules are made absolute-in-part. Cases Referred to- United States of America Vs. Iska W Carmack, 329 US 230-248......h Writ Petition No.1576 of 1994. Judgment AK Badrul Huq J.- The two petitioners of Writ Petition Nos. 998 of 1994 and 1576 of 1994 by two applications under Article 102 of the Constitution, called in question the activities and implementation of ‘FAP’-20’, undertaken in the District ......ance with the directions made above. Having regard to the facts and circumstances of the cases, there will be no order as to costs. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 84. ......Court Division (Special Original Jurisdiction) Present: Kazi Ebadul Hoque J A K Badrul Huq J Dr. Mohiuddin Farooque..................Petitioner (In Writ Petition No. 998 of 1994) Sekandar Ali Mondol.................Petitioner (In Writ Petition No. 1576 of 1994) Vs. Bangladesh..Category: Environmental Law | Date: | Hits: 1051
Habibur Rahman Khan Vs. Nurul Islam Khan, 1997, 26 CLC (HCD)
....date of hearing of the matter from 21-10-96 to 12-9-96 without serving copy of the notice on his Advocate, Mr. Ashrabuddin and that a copy was served upon a lawyer holding no power on his behalf and, so, the defendant made a prayer for vacating the order passed on 8-9-96 and for fixing a new date of......ible. The Rule being Civil Rule No. 390 (fm) 96 is accordingly disposed of. Send a copy of the judgement to the Court below at once. Ed This Case is also Reported in: 50 DLR (HCD) (1998) 82. ......operation of the impugned order passed by the Court below. 3. Mr. Md. Waliul Islam, learned Advocate appearing for the defendant-appellant-petitioner, submits that the impugned order passed by the trial Court is bad in law inasmuch as the defendant already showed cause against the plaintiffs pray...... into an agreement on 8-4-93 with his brother, namely, defendant-appellant Habibur Rahman Khan under which the plaintiff was to transfer his 25% share in the company known as Habib Transport Co. Ltd. and the defendant in turn was to execute and register a sale deed in favour of the plaintiff transfe..Category: Civil Law | Date: | Hits: 65
Syed Abdul Mannan and others Vs. Md. Mujahar Ali Mridha and others, 1997, 26 CLC (HCD)
.... Syed Abdul Barek and others………………..Petitioners Vs. Md. Mujahar Ali Mridha and others…………….Opposite Parties Judgment April 10, 1997. Result: The Rule is made absolute. Lawyers Involved: Md. Abdul Quyum Advocate - For the Petitioner. Syed Ziaul Karim A......hereby vacated. In the facts and circumstances of the case there will be no order as to costs. Send down the LC Records at once. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 81. ......e in the plaint and asserted that the Solenama is a genuine one and also asserted that Kabala of Sayedunnessa is collusive, fraudulent and without consideration and it was never acted upon. 3. The trial Court on review of the evidence dismissed the suit vide its judgment and decree dated 31-3-90 ...... This Case is also Reported in: 50 DLR (HCD) (1998) 81. ..Category: Procedural Law | Date: | Hits: 72
Nur Mohammad Fakir Vs. Bangladesh, 1997, 26 CLC (HCD)
....t has been stated that on the occurrence of a vacancy in the Office of a Nikah Registrar or for a new office the District Registrar may with approval of the Government issue licence to a qualified person to act as Nikah Registrar on purely temporary basis until Nikah Registrar is licensed by the Gov......section 4 of the Act, 1974 is as follows: “4. Nikah Registrars.- For the purpose of registration of marriages under this Act, the Government shall grant licences to such number of persons, to be called Nikah Registrar, as it may deem necessary for such area as it may specify: Provided that n......on all the three Rules are discharged without any order as to cost. The order of stay granted earlier by this Court is hereby vacated. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 71. ......ial Original Jurisdiction) Present: KM Hasan J Md. Awlad Ali J Nur Mohammad Fakir…………………Petition Vs. Bangladesh, represented by the Secretary, Ministry of Law, Justice and Parliamentary Affairs, Government of the People’s Republic of Bangladesh and others………..Category: Civil Law | Date: | Hits: 90
State Vs. Md. Jamaluddin, 1997, 26 CLC (HCD)
....on (Criminal Revisional Jurisdiction) Present: Kazi Ebadul Hoque J Md. Hamidul Haque J State…………………Petitioner Vs. Md. Jamaluddin……………………Condemned Prisoner Judgment December 3, 1997. Result: The Reference is rejected and Jail Appeal is di......ld and he is sentenced to suffer imprisonment for life and also to pay fine of Taka 1000.00 in default to suffer RI for one year more. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 67. ......ld and he is sentenced to suffer imprisonment for life and also to pay fine of Taka 1000.00 in default to suffer RI for one year more. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 67. ......Md. Hamidul Haque J State…………………Petitioner Vs. Md. Jamaluddin……………………Condemned Prisoner Judgment December 3, 1997. Result: The Reference is rejected and Jail Appeal is dismissed. Lawyers Involved: Md. Mansurul Hoque; Deputy Attorney-General - ..Category: Criminal Law | Date: | Hits: 72
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