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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. ......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 accordance with law. 4. The learned Labour Court examined witnesses for the respondent No.2 including himself a..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 show cause as to why the decision and order dated 25.5.85 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 respond..Category: Labour and Industrial Law | Date: | Hits: 268
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. ......re is no ingredients of the offence under sections 406/420 of the Penal Code against the accused-petitioner and, as such, continuation of the proceeding being an abuse of the process of the court and law the same is liable to be quashed. 4. We have heard the learned Advocate for the accused-petit..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. ...... Rule Nisi was issued calling upon the respondents to show cause as to why the reduction of the petitioner both in rank as well as in pay should not be declared to have been taken or made without any lawful authority and of no legal effect. 2. It is stated that on 22‑12‑1991 the petitioner jo..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. ......y the proceedings of Bangladesh Labour Law (Criminal) Case No.368 of 2010 under section 307 and 310 of the Bangladesh Labour Law, 2006 now pending before the respondent No.1, should not be declared unlawful, mala fide, out of jurisdiction and is of no legal effect. 2. Facts leading to this case, ..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. ......he election scheduled to take place in the Annual General Meeting was abruptly stopped and that issuance of the order Annexure-D and resultant action of the respondents stopping election being done unlawfully the petitioners moved this Court and obtained the Rule. 3. In support of the Rule SM M..Category: Civil Law | Date: | Hits: 169
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.......litan Magistrate taking cognizance of the offence. Therefore, technically there was no legal proceeding 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..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.......on except P.W.9, the investigating officer and P.W.6 who was tendered, all were interested witnesses being related to the informant inasmuch as P.Ws.1, 2, 4, 5 and 7 were father, daughter, brother-in-law, uncle, nephew of victim, P.Ws.3 and 8 were neighbours of informant P.W.1. According to him, not..Category: Criminal Law | Date: | Hits: 112
Abul Kashem & another Vs. State, 1990, 19 CLC (HCD)
....is commuted to one of imprisonment for life. The Reference No.1 of 1987 under section 374 of the Code of Criminal Procedure is rejected. Ed. This Case is also Reported in: 42 DLR (HD) (1990) 378.......r falsity of the said statement of the P.W.12. The learned Deputy Attorney-General further submitted that P.W.14, father, P.W.15, sister, P.W.17, mother, P.W.18, younger brother, P.W.19, brother-in-law (sister's husband) respectively of the deceased corroborated the evidence of eye-witnesses P.W..Category: Criminal Law | Date: | Hits: 147
Mahabubur Rahman and others Vs. State, 1990, 19 CLC (HCD)
....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. ......arned Advocate for the petitioners submits that the impugned proceedings is illegal and without jurisdiction and, therefore, is liable to be quashed on the ground that the Metropolitan Magistrate lawfully stopped further investigation under section 167(5) of the Code of Criminal Procedure, tha..Category: Procedural Law | Date: | Hits: 117
Rahmatullah (Md.) Vs. Commissioner of Taxes, 2000, 29 CLC (HCD)
...., we answer the question in the affirmative and against the assessee and in favour of the Revenue. There will be no order as to costs. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 483.......2‑1993 and there is no adverse remark about the creditors in the order sheet itself of the assessment case but the DCT on various grounds disbelieved the story of loan which he is not authorised by law to do so. The learned Counsel further submits that the DCT in making the assessment order is obl..Category: Fiscal/Taxation Law | Date: | Hits: 200
Registrar Vs. Sahrab Jan & others, 1995, 24 CLC (HCD)
....39 wherein while interpreting Order 6 rule 7 it has been held as follows: "The trial Court allowed the plaintiff to introduce a new story (in his deposition and by production of documents) without amending the plaint itself not permissible in law". The learned counsel also cited another decisi......t has been held as follows: "The trial Court allowed the plaintiff to introduce a new story (in his deposition and by production of documents) without amending the plaint itself not permissible in law". The learned counsel also cited another decision in the case of Brahman Dutta Vs. East Punja..Category: Property Law | Date: | Hits: 126
Bangladesh Vs. Waker Ahmed and others, 1995, 24 CLC (HCD)
....se at this stage on this belated application of the defendant‑respondent‑petitioner. The application is accordingly rejected. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 211. ......urther rule 5 does not in express terms say that the application for stay shall be filed only by the appellant. It is a power conferred upon a Court to make an order if it is moved in accordance with law. We think, that the power can be exercised‑in favour of respondent No.2, for, by reason of the..Category: Limitation Law | Date: | Hits: 211
Jinnatunessa Vs. Bangladesh, 1995, 24 CLC (HCD)
.... Subordinate Judge, 1st Court, Mymensingh in OC Appeal No.125 of 1986 are hereby set aside and the OC Suit No.492 of 1981 is dismissed. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 208.......pon the plaintiff to show that the decree was obtained by practising fraud upon the Court. No evidence to that effect being adduced by the plaintiff, the learned Assistant Judge committed an error of law in decreeing the suit ex parte. He also submits that it is the plaintiff who has to prove his ca..Category: Limitation Law | Date: | Hits: 239
Shadesh Chandra Saha Vs. State, 1995, 24 CLC (HCD)
....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. ......s that since the ransom was not realised according to the FIR the framing of charge under section 4 of the Anti‑Terrorism Act against the petitioner is illegal as in the said Act which is a special law attempt has not been made an offence. The petitioner has no objection against the framing of cha..Category: Criminal Law | Date: | Hits: 133
Moktar Hossain Vs. Budhi Bala Dashi, 1994, 23 CLC (HCD)
.... of Mr. Amin is sustainable in law and they have no legs to stand upon. The result is that the appeal is dismissed without cost. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 202. ......ts and circumstances the suit is liable to be dismissed. 5. In the light of the conflicting versions of the parties the trial Court framed the following Issues: 1. Is the suit maintainable in law? 2. Is the alleged deed of Will genuine? 3. Is the plaintiff entitled to get the relief as..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. ......of the learned Advocate we may refer to sub‑section (4) of section 6 of the Children Act, 1974 which reads as follows: "Notwithstanding anything contained in section 239 of the Code or any other law for the time being in force, no child shall be charged with, or tried for, any offence together ..Category: Procedural Law | Date: | Hits: 155
Jalaluddin Bhuiyan Vs. Abdur Rouf and others, 1997, 26 CLC (HCD)
.... petition which in the eye of law is a petition of complaint and then pass necessary order. The Rule is accordingly made absolute. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 408. ......g the 4 opposite parties, namely, Abdur Rouf, Md. Zahurul Haque, Abdul Awal and Gholam Rabbani alleging that on 17-10-95 at 6-00 AM the First Information Report named accused persons formed into an unlawful assembly armed with various weapons trespassed into the construction site of the informant su..Category: Criminal Law | Date: | Hits: 143
Rezaul Karim Vs. Kabir Ahmed, 1997, 26 CLC (HCD)
....ny interference. In the result, the Rule is discharged without any order as to costs. Send down the lower Court records at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 404. ......repoll and on its basis declaration of the petitioner as Chairman being illegal and without jurisdiction the lower appellate Court set aside the judgment of Election Tribunal and there is no error of law. He added that after close of the polls in question, subsequent action of the Election Commissio..Category: Election Law | Date: | Hits: 248
Muzaffor Hossain Vs. Md. Shahidullah and others, 1999, 28 CLC (HCD)
....arty is set aside. The second application for amendment of the plaint dated 1-6- 1997 stands rejected. Order of stay stands vacated. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 400.......) For a decree of mandatory injunction directing the defendant Nos.1 to 18 to reinstate him to the Office of the Principal of the College with all the back salaries and allowances allowable under the law, (ii) For adding 7 persons and the Government of the People’s Republic of Bangladesh as defend..Category: Civil Law | Date: | Hits: 200
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