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Noab Mia and another Vs. State, 2012, 41 CLC (HCD)
.... informant and petitioners. On hearing of the said application, the trial Court cancelled the petitioners’ bail. Thereafter, the petitioners did never turn back to the Court. 9. Under the above facts and circumstances, the explanation offered in the application for condonation of delay to the ...... I agree. Ed. This Case is also Reported in: ......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: ..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: ...... I agree. Ed. This Case is also Reported in: ......nd 34 of the Penal Code by order dated 26.5.1990, to which they pleaded not guilty and claimed to be tried. In course of trial, prosecution examined eight witnesses and the case was fixed for further evidence. Meanwhile the petitioners filed an application for stopping further proceedings in the cas..Category: Procedural Law | Date: | Hits: 112
Adamjee Jute Mills Ltd. Vs. Chairman, Third Labour Court, and another, 1989, 18 CLC (HCD)
....mined in presence of the said worker and he was asked to cross-examine them but he declined to cross-examine. The enquiry committee found him guilty. The employer after considering the report and the facts and circumstances, of the case accepted the report and dismissed the respondent No.2 in acco...... (Special Original Jurisdiction) Present: Md. Abdul Jalil J Mahmudur Amin Choudhury J Adamjee Jute Mills Ltd...................Petitioner Vs. The Chairman, Third Labour Court, and another........Respondents Judgment October 24, 1989. Result: The Rule is made absol......pted the report and dismissed the respondent No.2 in accordance with law. 4. The learned Labour Court examined witnesses for the respondent No.2 including himself and after considering the evidence on record and the facts and circumstances of the case allowed the case as aforesaid by the ..Category: Labour and Industrial Law | Date: | Hits: 160
Bangladesh Can Company Ltd. Vs. Chairman, Labour Court, Chittagong and others, 1989, 18 CLC (HCD)
....5.85 passed by the Respondent No.1 in I.D. Case No.19 of 1982 Annexure 'E' to the petition should not be declared to have been made without any lawful authority and is of no legal effect. 2. The facts leading to this Rule is that respondent Nos.2-29 jointly filed the aforesaid I.D. Case in th...... (Special Original Jurisdiction) Present: Md. Abdul Jalil J Mahmudul Amin Choudhury J Bangladesh Can Company Ltd.............Petitioner Vs. Chairman, Labour Court, Chittagong and others..............Respondents Judgment October 25, 1989. Result: The Rule is made ...... 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. ..Category: Labour and Industrial Law | Date: | Hits: 268
Rahmania Agencies Ltd. and another Vs. Bangladesh and others, 1989, 18 CLC (HCD)
....re the possession of the leasehold plot No.151, Motijheel Commercial Area, Dhaka measuring 7 kathas and 8 chattaks as mentioned in the deed of lease (Annexure C) to the petitioners. 2. The short facts relevant for the disposal of this Rule are that the petitioner before us was previously a pr......e Court High Court Division (Special Original Jurisdiction) Present: Md. Mozammel Hoque J Md. Badruzzaman J Rahmania Agencies Ltd. 113/A, Tejgaon Industrial Area, Tejgaon, Dhaka and another......................................Petitioners Vs. Bangladesh and others..............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. ..Category: Property Law | Date: | Hits: 115
Kazi Rokanuddin Ahmed and another Vs. Labour Court and others, 2011, 40 CLC (HCD)
....under the category of either section 307 or section 310 of Bangladesh Labour Law. So, 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 th......Case is also Reported in: 63 DLR (HCD) (2011) 382. ......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. ..Category: Labour and Industrial Law | Date: | Hits: 145
KN Enterprise Vs. Eastern Bank Ltd and others, 2011, 40 CLC (HCD)
....pellant, is directed against the judgment and decree dated 27-7-2005 passed by the learned Joint District Judge, Arbitration Court, Dhaka in Money Suit No.8 of 2005 dismissing the suit. 2. Short facts leading to the filing of this appeal are that on 18-3-1999 the appellant as plaintiff filed ...... High Court Division (Civil Appellate Jurisdiction) Present: Nozrul Islam Chowdhury J Anwarul Haque J KN Enterprise…………………………Appellant Vs. Eastern Bank Ltd and others…………………………Respondents Judgment February 23, 2011. Result: ......ant filed money suit for realization of the said export bills of Taka 53,03,500 equivalent to US $ 1,11,000, but the learned Joint District Judge without considering the facts and circumstances and evidence on record, most illegally dismissed the suit, and, as such, impugned judgment and decree ar..Category: Civil Law | Date: | Hits: 212
Amal Cabraal Vs. Golam Murtaza, 2003, 32 CLC (HCD)
....ng when the applications were moved before the Court. These petitions being not in accordance with law, the Rules issued on those petitions are liable to be discharged on this point alone. When these facts were brought to the notice of the learned Advocate for the petitioners, the petitioner Amal Ca..............Petitioner Vs. Golam Murtaza .................................................Opposite Party Judgment May 10, 2003. Result: The Rules in Criminal Miscellaneous Case Nos.6948 and 5341 of 1998 are discharged and the Rule in the Criminal Miscellaneous Case No.4042 of 1998 is m...... be decided when exercising a jurisdiction under section 561A of the Code of Criminal Procedure. This is a function of the trial Court which would decide appropriately those facts on the basis of the evidence which will be adduced by the parties in the case. 6. Section 294B was inserted by Act XX..Category: Criminal Law | Date: | Hits: 126
Abdul Majid Vs. State, 2003, 32 CLC (HCD)
....r of conviction and sentence must be upheld. According to him, the appeal must fail. 18. We have considered the submissions of both the parties, perused the evidence on record and scrutinised the facts and circumstances of the case. 19. Admittedly Shefali was the married wife of accused appel......neral with Md. Iqbal Kabir, Assistant Attorney-General—For the Respondent. Criminal Appeal No.2432 of 2000. Judgment Salma Masud Choudhury J.—This appeal is directed against the judgment and order of conviction and sentence dated 8‑8‑2000 by the Sessions Judge, Nilphamari in Session......ere cross-examined by defence. P.W.6 was tendered but not cross-examined by defence. 8. Petition of complaint and the sketch map with index were marked as Exhibits 1‑2. 9. After conclusion of evidence, the accused Abdul Majid was examined under section 342 of the Code of Criminal Procedure a..Category: Criminal Law | Date: | Hits: 112
Abul Kashem & another Vs. State, 1990, 19 CLC (HCD)
....idence. Facts of the case of Hamida Begum Vs. the State reported in PLD 1978 SC (AJ & K) 102 relied on by the learned Advocate of the appellants is not binding on us and has no relevancy in the facts and circumstances of the instant case. Rather we are fortified in our view by the decision i......ida Begum Vs. the State, PLD 1978 SC (AJ & K) 102; State Vs. Badiuzzaman, 25 DLR Dhaka 41; Palka Narayan Swami Vs. Emperor AIR 1939 (PC) 47; Ratan Kha Vs. The State 40 DLR 186; State Vs. Lalu Mia and another, 39 DLR (AD) 117=1987 BLD (AD) 212; Srikantia Vs. State of Mysore AIR 1958 (SC) 672; B...... proved the FIR, two confessional statements, seizure lists, jimbanama, TI parade sheet, sketch maps and indexes in support of the case. The defence produced no witness. 6. After considering the evidence on record the learned Additional Sessions Judge found both the accused guilty of committi..Category: Criminal Law | Date: | Hits: 147
Mahabubur Rahman and others Vs. State, 1990, 19 CLC (HCD)
....169 of 1989 pending in the Court of Mr. Abu Bakar Siddique, Additional Sessions Judge, 1st Court and Ex-Officio Special Tribunal No. II, Dhaka, arising out of Mirpur P.S. Case No.20 (2) 88. 2. The facts of the case are that Md. Nasiruddin Paik, Inspector, Detective Branch, Dhaka lodged First Info......DLR (HCD) (1990) 375. ......cated to the Court of the concerned Special Tribunal, Dhaka which is trying the present Special Tribunal Case No.169 of 1989 (Dhaka). Ed. This Case is also Reported in: 42 DLR (HCD) (1990) 375. ..Category: Procedural Law | Date: | Hits: 117
Rahmatullah (Md.) Vs. Commissioner of Taxes, 2000, 29 CLC (HCD)
....sion, out of which question No.11(a) has not been pressed at the time of hearing and the learned Advocate for the applicant pressed only question No.11(b) which reads as under: "(b) Whether on the facts and circumstances of the case the tribunal is justified in maintaining addition of Taka 12,50,........Applicant Vs. Commissioner of Taxes ...................................Respondent Judgment October 20, 2000. Result: The Application is not allowed. Cases Referred to- Dulichand Omprakash Textile Company Vs. The Commissioner of Taxes WB III; CIT Vs. Durgaprasad More (1971) ......ed by law to do so. The learned Counsel further submits that the DCT in making the assessment order is obliged in law to give the assessee a fair chance to clarify his position when he finds that the evidence adduced by the assessee is neither sufficient nor satisfactory and in the instant case the ..Category: Fiscal/Taxation Law | Date: | Hits: 200
Registrar Vs. Sahrab Jan & others, 1995, 24 CLC (HCD)
.... as barred under Order 6 rule 2 CPC. The provision of Order 6 rule 2 CPC has been worded as follows: “Every pleading shall contain, and contain only a statement in a concise form of the material facts of which the party pleading relies for his claim or defence, as the case may be, but not the e......Parties Judgment July 27, 1995. Result: The Rule is discharged. Cases Referred to- Ranjit Kumar Rakshit Vs. Sudhir Kumer Chowdhury, 38 DLR 39; Brahman Dutta Vs. East Punjab Province and others, AIR 1958 (Punjab) 351;27 DLR,423; Md. Ibrahim Vs. Md. Alauddin and others; Nurul Islam V......udiced by the orders because they did not get opportunity to file any written objection that those two documents since were not referred to in the plaint could not be brought into record as pieces of evidence as barred under Order 6 rule 2 CPC. The provision of Order 6 rule 2 CPC has been worded as ..Category: Property Law | Date: | Hits: 126
Bangladesh Vs. Waker Ahmed and others, 1995, 24 CLC (HCD)
.... enjoyment of the fruits of his decree and that this application has been filed by the defendant‑respondent‑petitioner without sufficient case for the delay in filing this application and; in the facts and circumstances Of the case, this delay in coming with the application for stay cannot but b......1996) 211. ......cluding the Government also filed written statement to contest the same. The plaintiff examined one witness and filed some documents in support of his title but the said defendants did not adduce any evidence. The Trial Court on conclusion of the trial of the suit after hearing both sides decreed th..Category: Limitation Law | Date: | Hits: 211
Jinnatunessa Vs. Bangladesh, 1995, 24 CLC (HCD)
.... in OC Appeal of 1986 affirming the ex parte Judgment and decree dated 11.2.86 passed by the Assistant Judge, 2nd Court Sadar, Mymensingh in OC Suit No.492 of 1981 decreeing the suit. 2. The short facts for disposal of the Rule are that the opposite party government as plaintiff instituted a suit......t January 15, 1995. Result: The OC Appeal No.125 of 1986 are set aside. The OC Suit No.492 of 1981 is dismissed. Cases Referred to- Md. Naimuddin Sarder Vs. Md. Abdul Kalam Biswas and another, 39 DLR (AD) 237 and Bangladesh Vs. Israil Ali and others, 1981 BLD (AD) 371. Lawyer...... passed by a competent Court the plaintiff has to prove that the decree was obtained fraudulently or by any other fraudulent means but in the aforesaid OC Suit No.142 of 1970 the plaintiff has led no evidence whatsoever to that effect. 9. It appears from the evidence of the lone witness who depos..Category: Limitation Law | Date: | Hits: 239
Shadesh Chandra Saha Vs. State, 1995, 24 CLC (HCD)
....ed upon to answer a charge of abetment in absence of any special provision in the Special Act merely by the reference of the Penal Code." Of course from the above decisions we do not get the exact facts and law involving the principle to apply in the instant case but it is crystal clear that in a...... This Case is also Reported in: 48 DLR (HCD) (1996) 206. ......ule and non‑schedule offences and this Court taking contrary view had summarily rejected the said applications of the said accused. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 206. ..Category: Criminal Law | Date: | Hits: 133
Moktar Hossain Vs. Budhi Bala Dashi, 1994, 23 CLC (HCD)
....ath Talukder is the first cousin of Jogendra Nath Talukdar. Said Girindra Bhusan died childless and hence all the properties of Girindra devolved upon Jitendra Nath Talukder. In view of the aforesaid facts and circumstances the suit is liable to be dismissed. 5. In the light of the conflicting v......t Nos. 1(a)-1(c). Appeal From Original Decree No. 34 of 1991. Judgment Syed Amirul Islam J.- This is an appeal under section 299 of the Succession Act by the defendants against the Judgment and decree of the learned Additional District Judge, 1st Court, Pabna, granting letters of administr......al the plaintiff examined five witnesses including herself as P.W.1 to prove her case. The defendants examined two witnesses. The learned Additional District Judge after considering the materials and evidence on record granted Letters of Administration of the Will holding that the Will in question i..Category: Property Law | Date: | Hits: 183
Kawsarun Nessa and another Vs. State, 1994, 23 CLC (HCD)
....ons 302/34 of the Penal Code. They are discharged from their bail bonds. Let the lower Court records be sent down expeditiously. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 196. ......ase is also Reported in: 48 DLR (HCD) (1996) 196. ......d partly decomposed Death, in the opinion of the doctor, was due to shock and haemorrhage as a result of the above mentioned injuries which were ante mortem and homicidal in nature. So the doctor’s evidence proved beyond doubt that Monowara Begum was murdered. 9. P.W.1 constable No.1834 Delwar ..Category: Procedural Law | Date: | Hits: 155
Jalaluddin Bhuiyan Vs. Abdur Rouf and others, 1997, 26 CLC (HCD)
.... Officer overstepped his power assuming that of the trial Court in putting the prosecution evidence and the defence alibi on the scale which is deninital the function of the trial Court. 9. In the facts and circumstances we hold that both the Magistrate and the learned Sessions Judge committed er......) (1999) 408. ......ia, Mamun, Helaluddin, Sayedullah and Khan Mohammad. It is further alleged that the Investigating Officer including the Magistrate and the Sessions Judge did not come to any finding that there was no evidence against the opposite parties, but let them off with impunity on the ground of alibi which i..Category: Criminal Law | Date: | Hits: 143
Rezaul Karim Vs. Kabir Ahmed, 1997, 26 CLC (HCD)
.... no error of law. He added that after close of the polls in question, subsequent action of the Election Commission and other authorities are, on the face of it, illegal. In order to appreciate the facts involved in the Rule the following dates may be mentioned at the outset. 22-1-92: poll took......e the Election Tribunal who filed the Election Petition stating, inter alia, that he contested the election of 8, Durgapur Union Parishad under PS Mirsarai, in the election that took place on 22-1-92 and that in the polling station of East Durgapur Primary School he secured 194 votes while the petit......and being unable to get more votes than him he (Kabir Ahmed) on false grounds filed the election petition which was liable to be. 3. In support of the respective cases of the parties they produced evidence, documentary and oral. The Election Tribunal and the learned Assistant Judge after hearing ..Category: Election Law | Date: | Hits: 248
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