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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: ......and proceeded with trial. 4. Prosecution examined five witnesses in support of its case. Of them P.Ws.1, 2 and 3 Makbul Hossain, Jinnaten Nesa and Jahirul Haque were the son, widow and brother-in-law respectively of the informant. P.Ws.4-5 Dr. Abdul Kader and Chand Badsha respectively were two l..Category: Limitation Law | Date: | Hits: 194
Taju Mia and others Vs. State and another, 2012, 41 CLC (HCD)
....erned by the amended procedural law. 8. We have considered the submissions of learned Assistant Attorney General, perused the record including the revisional application and consulted the relevant provisions of law. It appears that there are specific allegations of murder of an innocent child of ......oceedings for non-conclusion of trial within the time-limit under section 339C (4) has been repealed. Now any criminal proceedings though initiated earlier, will be governed by the amended procedural law. 8. We have considered the submissions of learned Assistant Attorney General, perused the rec..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. ......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)
....he conditions of the ‘আপোষনামা’ regarding settling of the dispute arising out of an agreement to purchase a 4‑storied building does not and cannot attract the ingredients of the provision of sections 406/420 of the Penal Code. Since the dispute arose out of an agreement to purc......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)
....on 307 of the Bangladesh Labour law, 2006 is an independent provision of law for initiating a criminal proceeding against the employer. He further submits that subsection (4) of section 33 is the provision for instituting criminal proceeding directly under section 307 of the said law. The resp......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)
....aying in power after the expiry of 31st December, 2002. Lastly he submits that on the garb of the order Annexure-D the respondent No.4 stopped the election and is not holding the election contrary to provision of Article 9B(3) and, as such, it is necessary by an order in the nature of mandamus to di......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
KN Enterprise Vs. Eastern Bank Ltd and others, 2011, 40 CLC (HCD)
....ank for any alleged dispute between the buyer and the seller, which principle have been followed in respect of international transaction under the international banking rules providing and regulating provision for opening of a letter of credit, and, as such, the EBL is bound to credit the export b...... 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...Category: Civil Law | Date: | Hits: 212
Amal Cabraal Vs. Golam Murtaza, 2003, 32 CLC (HCD)
.... Before parting with the case, we would like to observe that we are compelled to make some observations as the learned Advocates for the petitioners prefer a judgment from us on interpretation of the provisions of law in the facts of the given case. Whatever observations made herein above, shall hav......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)
....nal statements under section 164 Cr.P.C and that as a result of beating accused Abul Kashem was admitted in the hospital. This witness stoutly denied this suggestion. 40. There is no mandatory provision of law that the accused are to be given 3 hours' time for reflection (vide the case of R......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)
....he Chief Metropolitan Magistrate are illegal and without jurisdiction. 10. For the purpose of this case sections 27, 29 and 34 of the Special Powers Act may be seen. We may specially quote the provisions of subsection 1 and 7 of section 27 of Special Powers Act "27. Procedure of Special ......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)
....ently, the tribunal erred in law in upholding the order of the DCT and the DCT most illegally and without jurisdiction disbelieved the loans advanced by the creditors and thereby the DCT offended the provision of sub‑section (3) of section 23 of the Act. The learned Counsel further submits that in......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)
....petitioner, submits that there is no averment in the plaint by the plaintiff in respect of those two documents which have been made Exts. through the mouth of P.W.1 and the impugned orders are hit by provision of rules 2 and 7 of Order 6 of the Code of Civil Procedure and further submits that the de......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)
....o all the defendants, then any one of them may appeal from the whole and the Court may reverse the decree even in favour of the defendants. The appeal therefore, in the circumstances mentioned in the provisions must be deemed to have been filed by one of the defendants on behalf of the defendants. I......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)
....d as under: "Abetment is an offence by itself and unless it is specifically made punishable in a Special Act a person cannot be called 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......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)
....ce and materials on record rightly decreed the suit taking a correct view of law and facts. 9. The first submission of Mr. Akram Hossain Amin is absolutely misconceived and erroneous. There is no provision or restriction in the Succession Act that legatee cannot apply for granting letters of adm......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)
....afely relied upon. It is rather risky to rely on the evidence of a child witness who has been influenced by the relation of the deceased, Monowara Begum. 20. In this connection let us refer to the provisions of section 118 of the Evidence Act which as follows: "All the persons shall be compete......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
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