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Israil (Md.) Hossain Vs. Shah Iqbal Ahsan and others, 1995, 24 CLC (HCD)
....iable to be discharged. Accordingly, the Rule is discharged without any order as to costs. The stay order granted earlier is vacated. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 173. ......sion shall not abate but in that case facts were different. An application for substitution of the heirs of the deceased petitioner was made but since it was beyond time i.e. after expiry of 90 days, question raised was whether the revision abated in the meantime because of non‑substitution of the......s particular point that whether on the death of the sole petitioner in a revision the revision itself shall abate. The decision of the Full Bench is that the revision shall not abate but in that case facts were different. An application for substitution of the heirs of the deceased petitioner was ma..Category: Procedural Law | Date: | Hits: 125
Hafiz Ahmed Vs. Ahmedur Rahman and others, 1995, 24 CLC (HCD)
....llowing the pre‑emption are set aside. The pre‑emption case is dismissed. No order as to costs. Send down the records at once. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 170. ...... contending, inter alia, that he himself became a co‑sharer in the case holding after opposite party 1 had gifted the case land to him before filing of the pre‑emption cases, that the transfer in question being a gift in lieu of love and affection and for good services rendered by the son's wife......Vs. Janab Ali, para 7) it has been held as follows: "If the reconveyance takes place before the starting of the proceeding for pre‑emption, the pre-emptee’s right ceased to exist." Although facts are not same, but spirit of law is same. Similar view has been taken in 18 DLR 317 which is as..Category: Property Law | Date: | Hits: 127
....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.......ination, on the face of it, does not entail any stigma or does not refer to any allegations, the termination is simpliciter.” It was further held that termination simpliciter not being a punishment question of giving notice or pre-hearing does not arise. In the decision reported in 43 DLR (AD) 154......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..
Category: Employment/Service Law | Date: | Hits: 160
Shahjahan (Md.) Vs. State, 1999, 28 CLC (HCD)
.... into life imprisonment. The sentence of life imprisonment will start from the date when the accused will be apprehended or surrenders. Ed. This Case is also Reported in: 51 DLR (1999) (HCD) 373....... into life imprisonment. The sentence of life imprisonment will start from the date when the accused will be apprehended or surrenders. Ed. This Case is also Reported in: 51 DLR (1999) (HCD) 373.......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..Category: Criminal Law | Date: | Hits: 130
Nazrul Islam and others Vs. State, 1999, 28 CLC (HCD)
....is directed to proceed with the case in accordance with law and dispose of the same expeditiously. Send down the LC records at once. Ed. This Case is also Reported in: 51 DLR (1999) (HCD) 368.......ng to him, further amendment of sub-section (5) of section 167 by Act XLII of 1992 shall not affect the provisions of section 5A of the Criminal Law Amendment Act, 1958. 4. To give decision on the question raised by Mr. Amirul Islam, it is necessary to reproduce the relevant provisions of the law......is directed to proceed with the case in accordance with law and dispose of the same expeditiously. Send down the LC records at once. Ed. This Case is also Reported in: 51 DLR (1999) (HCD) 368...Category: Criminal Law | Date: | Hits: 108
Bangladesh General Insurance Co. Ltd. Vs. Chalna Marine Products Co. Ltd., 1999, 28 CLC (HCD)
.... on the aforesaid 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 sai...... his case. 13. Success of plaintiff’s case rests on this material point as to whether the public power supply was disrupted on 28-11-88 at 8-35 AM as he claimed. To determine this only and vital question, we need to ascertain as to when the public power supply failed and what was its probable/p......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 ..Category: Business or Commercial Law | Date: | Hits: 522
State Vs. Md. Bachchu Miah @ Abdul Mannan and 5 others, 1998, 27 CLC (HCD)
....RI for 6 (six) months which we find they have already served out. They must be set at liberty at once, if not wanted in any other case. Ed. This Case is also Reported in: 51 DLR (1999) (HCD) 355.......2 he (P.W.9) went to a field to witness a football game, that while returning he saw accused Bachchu, Jahangir, Shahjahan and Zakir along with victim Khairul Islam near the house of one Kala, that on questioning Khairul told him that he was called by Bachchu and thereafter at 2-00 PM he (P.W.9) was ......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,..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.......o.1589 of 1998. Judgment AK Badrul Huq J.- By this application under section 115 of the Code of Civil Procedure, 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 ...... 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...Category: Family Law | Date: | Hits: 211
Ayat Steels Limited Vs. Mohammad Ali, 2011, 40 CLC (HCD)
.... Rule being CRNo.421 (fm) of 2010 also stands disposed of accordingly. Send down a Copy of this order to the trial Court, at once. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 417. ......nce 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 maintainability of the suit cannot be gone into at the time of deciding an interlocuto...... 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..Category: Civil Law | Date: | Hits: 235
State Vs. Manik Bala, 1988, 17 CLC (HCD)
....s acquitted of the charge. Let the condemned prisoner be set at liberty forthwith if not wanted in connection with any other case. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 435....... of the positive evidence of P.W.2 himself that at the time of marriage of his daughter with accused Manik the accused transferred 40 decimals of land in favour of Alo Tara. As such there could be no question of any payment of money by the father of Alo Tara to the accused Manik. Although the prosec......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..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.......edure will apply to offences under sections 467 and 468 of the Penal Code as these are both offences described in section 463 of the said Code". 4. In the present case admittedly the bainapatra in question was given in evidence in the aforesaid Title Suit in the Court of the Subordinate Judge. ...... 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...Category: Criminal Law | Date: | Hits: 107
Abul Hashem Khan & others Vs. Md. Shamsuddin Khan & others, 1989, 18 CLC (HCD)
....em. In the face of our findings in respect of Ext. W and Z series the application is not maintainable. Accordingly, it is rejected. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 415....... the alleged oral contract in the middle of June, 1973 which means that the defendant No.1 as a partner of the partnership firm dealt with the property of the firm as his own. In AIR 1966 SC 1300 the question was whether one partner could deal with portion of the property of the partnership firm as ......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 ..Category: Business or Commercial Law | Date: | Hits: 349
Khan Md. Ruhul Amin Vs. Chairman, Labour Court, Khulna and others, 1990, 19 CLC (HCD)
.... 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.......ions of service will be guided by the provisions contained in the Board of Intermediate and Secondary Education Ordinance, 1961 and the rules and regulations framed thereunder.” 11. Although the question, what has been mooted in the present case, was not the direct issue in the above noted case......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..Category: Labour and Industrial Law | Date: | Hits: 184
Khalilur Rahman (Md.) alias Ismail Vs. State, 1999, 28 CLC (HCD)
....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. ......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. ......, 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 ..Category: Others | Date: | Hits: 159
Muzaffar Ali and another Vs. Monwara Hospital & others, 1997, 26 CLC (HCD)
....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.......between himself and the present defendants, then he should file the properly constituted suit for necessary relief in the matter. To add 3rd party as a defendant in the present suit would involve the question of determination of a right between the 3rd party and the present petitioner and the suit f...... 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..Category: Procedural Law | Date: | Hits: 121
....issued without lawful authority and is of no legal effect.
In the result, the Rule is made absolute without any order as to costs.
Ed.
This Case is also Reported in: 51 DLR (1999) (HCD) 339.
......tain decisions and the nature of his work which shows that he was in fact a worker and not an employer and therefore, the provisions of the Standing Orders Act applied to him. We will not go into the question whether the petitioner is a worker or not as the aforementioned Case No.9 of 1997 is pendin......issued without lawful authority and is of no legal effect.
In the result, the Rule is made absolute without any order as to costs.
Ed.
This Case is also Reported in: 51 DLR (1999) (HCD) 339.
..
Category: Labour and Industrial Law | Date: | Hits: 176
Bangladesh Vs. Abdul Aziz and others, 2005, 34 CLC (HCD)
....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....... case Executing Court is also under legal obligation to see if the instant decree is executable or not and to see that this Court is also entitled to examine the legality or validity of the decree in question. Mr. Rais Uddin submitted that no doubt this rule arises out of an order passed by the Exec......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..Category: Alternative Dispute Resolution | Date: | Hits: 291
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. ......s Eksona (year-by-year basis) could not be proved by any legal document or by any competent witness. Defendants possession also could not be established. 13. Possession is not material. It is the question of legal settlement of the suit land. Whether the suit land -has been legally settled to th......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. ..Category: Property Law | Date: | Hits: 105
Nurjahan Begum Vs. Government of the Peoples Republic of and others, 1998, 27 CLC (HCD)
.... 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.......espondent and possession of the petitioner was not disturbed in the remaining land. The petitioner filed affidavit-in-reply stating therein that it is untrue that her purchased portion of the plot in question had already been utilised in Road No.1 and the petitioner illegally is not in unauthorised ......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..Category: Property Law | Date: | Hits: 156
Abdur Rahman Vs. Sajjadur Rahman, 1999, 28 CLC (HCD)
....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.......statement in Court. The trial Court 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 Cour......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..Category: Procedural Law | Date: | Hits: 148
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