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Md. Saiful Islam alias Maznu Vs. State, 2010, 39 CLC (HCD)
....custody during the trial will be deducted under section 35A of the Code. Send down the lower Court’s records. Mohammad Marzi-ul-Huq J.- I agree. Ed. This Case is also Reported in: ......e the appellant did not explain the cause of death of his wife by adducing any evidence in defense or in his statement made under section 342 of the Code of Criminal Procedure. Only by way of putting questions during cross-examinations of some prosecution witnesses, he has not been able to make out ......how the victim had died. Of them, P.W.7 stated that younger brother of the appellant brought her along with Lal Mahmud (P.W.8) and other witnesses to the Court for recording their evidence. Under the facts and circumstances their evidence cannot be relied upon, and it cannot also be said that these ..Category: Criminal Law | Date: | Hits: 110
Sahajahan and others Vs. State, 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: ......n No.1268 of 1992. Judgment Md. Ruhul Quddus J.- This Rule at the instance of the accused-petitioners was issued on an application under section 439 of the Code of Criminal Procedure calling in question the legality of order dated 19.7.1992 passed by Special Tribunal No.2, Narayangonj rejectin......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: ..Category: Criminal Law | Date: | Hits: 124
Noab Mia and another Vs. State, 2012, 41 CLC (HCD)
....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: ......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: ...... 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 ..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: ......n No.1340 of 1992. Judgment Md. Ruhul Quddus J.- This Rule at the instance of the accused-petitioners was issued on an application under section 439 of the Code of Criminal Procedure calling in question the legality of order dated 20.9.1992 passed by the Additional Sessions Judge, First Court,......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: ..Category: Procedural Law | Date: | Hits: 112
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. ......, Advocate—For the Respondents. Writ Petition No.154 of 1985. Judgment Md. Abdul Jalil J. - This Rule Nisi issued on an application filed under Article 102 of the Constitution calls in question the judgment and order dated 30.4.85 passed by the 3rd Labour Court, Dhaka in Complaint C......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..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. ......s fixed on promotion after awarding 2 advance increments with effect from 18.3.78 and as, such the pay was revised and refixed as per principles laid down therein for the purpose and consequently the question of adjustment of increments with their promotion or earlier pay or increments does not aris......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..Category: Labour and Industrial Law | Date: | Hits: 268
Rahmania Agencies Ltd. and another Vs. Bangladesh and others, 1989, 18 CLC (HCD)
....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. ......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. ......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..Category: Property Law | Date: | Hits: 115
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. ....... Thus, the Rule is liable to be discharged. 10. We have heard the learned Advocate of both the sides, perused the writ petition, the impugned order and the annexures thereof. 11. The pertinent question in this case is whether a criminal case under section 307 of the Labour Law, 2006, can be i......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..Category: Labour and Industrial Law | Date: | Hits: 145
KN Enterprise Vs. Eastern Bank Ltd and others, 2011, 40 CLC (HCD)
.... Joint District Judge, Arbitration Court, Dhaka, in Money Suit No.8 of 2005 is hereby affirmed. Send down the lower Court's record. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 370.......BL to refrain from making any payment to the plaintiff for the said consignments. 19. Mr. Alam further submits that the bill of lading, packing list, invoice etc. related to export of goods in question were in the name of Messrs KB Enterprise which was converted by forgery/fraud to the name o......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 ..Category: Civil Law | Date: | Hits: 212
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.......the time given by the consumers for their participation in the promotional and advertisement schemes. These statements clearly suggest that the petitioners have admitted the disputed advertisement in question was televised in the Television and over the Radio. These are disputed facts which cannot b......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..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.......ort will have value not more than the statement under section 161 of the Code of Criminal Procedure. 15. He argues that victim who earlier got married 4 times with different persons was a woman of questionable character and, as such, she might have gone away with someone else of her choice. There......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..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.......ing on that day at Keshabpur Bazar with the appellants; another circumstance the prosecution tried to establish against the appellants by the deposition of some other P.Ws. that the rickshaw van in question was recovered from the possession of the accused appellants. 9. The learned Advocate s......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..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. ......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. ......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..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.......ant. Md. Abdur Rahim Bhuiyan, Advocate—For the Respondent. Reference Application No.37 of 1995. Judgment Syed Amirul Islam J.-In this reference application the petitioner has framed two questions for our decision, out of which question No.11(a) has not been pressed at the time of heari......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,..Category: Fiscal/Taxation Law | Date: | Hits: 200
Registrar Vs. Sahrab Jan & others, 1995, 24 CLC (HCD)
....ioning failure of justice. In the result, the Rule is discharged. The stay order granted earlier by this Court in hereby vacated. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 214. ...... of it is not made in the pleadings." He also cited 27 DLR 423, in the case of Md. Ibrahim Vs. Md. Alauddin and others, wherein it has been held by his Lordship as follows: "In determination of question of facts the parties should not be allowed to lead evidence without proper pleadings. It is...... 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..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. ......tion, the learned Advocate has relied on a decision in the case of Pamulapati Varadayya Vs. Kommareddi Chinnappare Chinnappareddi and another reported in AIR 1956 Andhra Prodesh 64, wherein a similar question arose for consideration on the point of locus standi in the matter of filing an application...... 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..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....... 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....... 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..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. ...... যানের গতি ভিন্ন পথে পরিবর্তন করা”। 4. Thus from the aforesaid relevant portion of law which covers the instant case we are to decide the question before us. 5. On desire of the Court Mr. Abdul Malek, the learned Senior Advocate, appe......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..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. ......l District Judge, Pabna, for disposal and the said Court vide the impugned Judgment and decree granted letters of administration of the Will. 3. The case of the plaintiff is, that the property in question originally belonged to one Jogendra Bhushan Talukder who bequeathed the same to the plainti......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..Category: Property Law | Date: | Hits: 183
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. ......ken by the First Information Report named four accused persons he held that there is no evidence against the four accused opposite parties to implicate them with the occurrence of 17-10-95. The first question that crops up in the mind is whether the Investigating Officer is to hold inquiry and colle...... 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..Category: Criminal Law | Date: | Hits: 143
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