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Gura Miah and others Vs. Fazar Ali and others, 1988, 17 CLC (HCD)
....me and the proceeding under section 145 of the Code of Criminal Procedure is hereby dropped. In the result the Rule is made absolute. Ed. This Case is also Reported in: 42 DLR (HD) (1990) 70.......me and the proceeding under section 145 of the Code of Criminal Procedure is hereby dropped. In the result the Rule is made absolute. Ed. This Case is also Reported in: 42 DLR (HD) (1990) 70.......ion of the lands in favour of 1st party, 2nd party, 3rd party, Added 3rd party and 4th Party and against Added 4th party in a proceeding under section 145 of the Code of Criminal Procedure. 2. The facts giving rise to this Rule are, in short, that opposite party Nos.1-5 herein as a First Party fi..Category: Criminal Law | Date: | Hits: 126
Khaled Akbar Vs. Government of Bangladesh and others, 1989, 18 CLC (HCD)
....stice calling for our interference by this Court in these cases. Consequently these Rules are discharged without any order as to costs. Ed. This Case is also Reported in: 42 DLR (HD) (1990) 66. ...... hearing the parties awarded a total sum of Tk. 1,04,50,000/- and on appeal the Member, Appellate Tribunal reduced the award of the Arbitrator and made it at Tk. 61,02,000/- for the aforesaid land in question. Being aggrieved by the deÂcision of the Member, Appellate Tribunal, these three Civil Rev......stice calling for our interference by this Court in these cases. Consequently these Rules are discharged without any order as to costs. Ed. This Case is also Reported in: 42 DLR (HD) (1990) 66. ..Category: Alternative Dispute Resolution | Date: | Hits: 280
Ehsanul Hoque Vs. General Manager, Agrani Bank, 1989, 18 CLC (HCD)
....ed, the question of amendment of the plaint does not arise. Hence the connected rule is also disÂcharged without any order as to cost. Ed. This Case is also Reported in: 42 DLR (HD) (1990) 60. ......hammad Abdul Jalil based his report. It furÂther appears that the enquiry was held as per Ext.9. The Enquiry Proceeding further shows that the enÂquiry officer D.W.2 held the enquiry in the form of question and answer that is, he put certain question to the plaintiff-petitioner who replied, the sa...... Habibullah, Additional District Judge, Khulna in Title Appeal No.254 of 1978, reversing those passed by Mr. Abdul Jalil, Subordinate Judge, KhulÂna in Title Suit No. 440 of 1974. 2. The relevant facts of the case are that the peÂtitioner Eshanul Hoque was appointed as a ProbaÂtionary Officer ..Category: Employment/Service Law | Date: | Hits: 175
Shah Alam Chowdhury Vs. State, 1989, 18 CLC (HCD)
....e Suo Motu Rule No. 47/89 is also disÂcharged. Let a copy of this judgment along with the lower Court records be sent down at once. Ed. This Case is also Reported in: 42 DLR (HD) (1990) 49. ...... …………………In the instant case the learned Magistrate did not take cognizance on the basis of the earlier Police report which resulted in the discharge of the peÂtitioner and hence the question of revival of proÂceedings against the petitioner, raised by Mr. Hasan Arif, does not aris...... this SesÂsions triable case which reads as follows: "Provided that the Government may, by orÂder, revive the case at any time if the case is triable exclusively by Court of Sessions". 3. The facts of the case are that on 2.11.86 inÂformant Mrs. Jesmin Chowdhury, wife of deceased Nuru Miah ..Category: Criminal Law | Date: | Hits: 127
State Vs. Jahaur Ali & Others, 1987, 16 CLC (HCD)
....rejected and case is sent back on remand to trial Court for holding the trial of the case in the light of the observations made above. Ed. This Case is also Reported in: 42 DLR (HD) (1990) 94. ......rejected and case is sent back on remand to trial Court for holding the trial of the case in the light of the observations made above. Ed. This Case is also Reported in: 42 DLR (HD) (1990) 94. ...... of the death sentence passed on condemned prisoners, namely, Taib Ali, Asia Khatun and Sabiran Nessa in Sessions Case No.56 of 1985 under sections 302/34 of the Bangladesh Penal Code. 2. Relevant facts for the disposal of this ReferÂence may briefly be stated thus: One Solimuddin, son of Pas..Category: Criminal Law | Date: | Hits: 107
Md. Nasir Vs. State, 1989, 18 CLC (HCD)
....t a copy of the judgment be served on the learned Deputy Attorney-General, Comilla for inforÂmation and taking necessary action, if any. Ed. This Case is also Reported in: 42 DLR (HD) (1990) 89.......t a copy of the judgment be served on the learned Deputy Attorney-General, Comilla for inforÂmation and taking necessary action, if any. Ed. This Case is also Reported in: 42 DLR (HD) (1990) 89.......may be strong conviction of guilt for a Judge cannot set himself above law which he has to administer or to mould it to exigencies of particular occasion. 20. Thus, having considered the evidence, facts and circumstances and inherent improbability in the case, we are of opinion that appellant Nas..Category: Criminal Law | Date: | Hits: 117
Muktar Hussain Khan Vs. Suresh Chandra Dey & Others, 1989, 18 CLC (HCD)
.... provision of Order 41, rule 27 of the Code of Civil Procedure. The Rule is, therefore, made absolute without any order as to costs. Ed. This Case is also Reported in: 42 DLR (HD) (1990) 86. ...... provision of Order 41, rule 27 of the Code of Civil Procedure. The Rule is, therefore, made absolute without any order as to costs. Ed. This Case is also Reported in: 42 DLR (HD) (1990) 86. ...... vokalatnama and other deeds. So, the lower Appellate Court concluded that the plaintiff failed to prove that defenÂdant Nos.3 and 4 had knowledge of the Bainapatra. 5. The records reveal certain facts in this case, which may conveniently be stated here; the Bainapatra Ext.3 is dated 13.2.81, th..Category: Civil Law | Date: | Hits: 133
Shahjahan Mizi (Md.) Vs. State, 2005, 34 CLC (HCD)
....dismissed and the order of conviction and sentence is hereby upheld. Send down the LC records with a copy of the judgment at once. Ed. This Case is also Reported in: 57 DLR (HCD) (2005) 224. ......f the accused-appellant that on that fateful night of the occurrence accused Shahjahan Mizi and his wife Rina Begum were sleeping in the same dwelling hut and there was none else in that hut. Now the question that calls for consideration is, whether the witnesses examined by the prosecution have bee......ppellant. Moreover, we have got no reason to disbelieve the evidence of disinterested witnesses who could not be shaken by the defence in cross examination. 46. In view of the above discussion and facts and circumstances of the case and the evidence on record, we are of the opinion that the prose..Category: Procedural Law | Date: | Hits: 118
.....
In the result, the Rule is discharged without any order as to costs.
The stay order granted by this Court earlier is vacated.
Ed.
This Case is also Reported in: 42 DLR (HCD) (1993) 33.
......ner to conduct trade and business freely as guaranteed by Article 40 of the Constitution.
11. Mr. Nazmul Huda, the learned Advocate appearing on behalf of the Respondent No.1, raised a preliminary question as to the maintainability of the Writ petition arguing that it is not maintainable as the R......ed Advocate appeared on behalf of the Respondent No.1 and Mr. A. F. Hasan Arif, the learned Deputy Attorney-General appeared on behalf of the Respondent No.2.
7. In this case, there are some broad facts which are not disputed. The Respondent No.1, the Titas Gas Transmission and Distribution Co. L..
Category: Others | Date: | Hits: 227
Abdul Khaleque & others Vs. Siddiqur Rahman & others, 1987, 16 CLC (HCD)
....e above discussion, I do not find any substance in this appeal. I dismiss the appeal. However, there will be no order as to costs. Ed. This Case is also Reported in: 42 DLR (HCD) (1993) 29. ......t was held that no appeal lay from the order recording compromise in pursuance of which a decree is passed. In the case of Sabilri Thakurain Vs. F.A. Savi and others, 1929 Pat 318, a somewhat similar question arose as to whether right of appeal against the order passed under Order 23, rule 3 of the ......Judgment AM Mahmudur Rahman J. - This appeal at the instance of the defendants respondents is against an order recording compromise under Order 23, rule 3 of the Code of Civil Procedure. 2. The facts giving rise to this appeal, in short, are that Sarafatullah, predecessor-in-interest of respon..Category: Property Law | Date: | Hits: 109
Abdus Salam Vs. Sirajul Islam, 1989, 18 CLC (HCD)
....peal find answer in the foregoing discussion. For these reasons, this Rule is made absoÂlute. There will be no order as to costs. Ed. This Case is also Reported in: 42 DLR (HCD) (1993) 27. ......Advocates-For the Opposite Party. Civil Revision No.69 of 1989. Judgment AM Mahmudur Rahman J. - This Rule was issued under section 115(1) C.P.C. at the instance of the petitioner calling in question an order passed by the learned District Judge admitting Election Tribunal Appeal No.5 of 19......ribunal Appeal No.5 of 1989 preferred by the opposite party from an order rejectÂing an application filed under Order 47, rule 1 C.P.C. by the Election Tribunal in Misc. Case No.1 of 1989. 2. The facts are: The petitioner on various alÂlegations including the allegation of casting of false vote..Category: Election Law | Date: | Hits: 194
Abdul Sattar & another Vs. Osimuddin & others, 1988, 17 CLC (HCD)
....deposited by the petitioner Tasimuddin in this pre-emption case. In the result the Rule is discharged. I make no order as to costs. Ed. This Case is also Reported in: 42 DLR (HCD) (1993) 24. ...... A.K. Badrul Huq, Advocate-For the PetitionÂers. Hemayetuddin Ahmed, Advocate-For the OpÂposite Party. Civil Revision No.12 of 1986. Judgment Qazi Shafi Uddin J. - This Rule called in question the judgment and order dated 23.11.85 passed by Mr. Ali Ashrof Khan Lodhi, Subordinate Judg......as committed any error of law or not occasioning any failure of justice. It appears from the judgment of the court below that the learned Subordinate Judge has taken into consideraÂtion the material facts and issues in this case and has given a serious consideration to the same. The learned Judge h..Category: Property Law | Date: | Hits: 100
Muhammad Zulfikar Vs. Abul Kalam Chowdhury & others, 1989, 18 CLC (HCD)
....as to costs. The 1st Court of Additional District Judge shall proceed with the appeal expeditiously keeping in view the public interest. Ed. This Case is also Reported in: 42 DLR (HCD) (1993) 21....... Faiz, Advocates-For the Petitioner. Abdul Momen Chowdhury, Advocate-For the Opposite Party No. 1. Civil Revision No.16 of 1989. Judgment AM Mahmudur Rahman J. - In this Rule an important question of law mootÂed is: whether the District Judge, an appellate auÂthority under section 29(4......as to costs. The 1st Court of Additional District Judge shall proceed with the appeal expeditiously keeping in view the public interest. Ed. This Case is also Reported in: 42 DLR (HCD) (1993) 21...Category: Election Law | Date: | Hits: 192
Rafiqul Islam & another Vs. Abul Kalam & others, 1988, 17 CLC (HCD)
....le is discharged withÂout any order as to costs and the suit is restored to its file and number and the order impugned is afÂfirmed. Ed. This Case is also Reported in: 42 DLR (HCD) (1993) 19. ......le is discharged withÂout any order as to costs and the suit is restored to its file and number and the order impugned is afÂfirmed. Ed. This Case is also Reported in: 42 DLR (HCD) (1993) 19. ......ers from an error of law occasioning failure of justice. An order passed by a Court under Order 9, rule 9 C.P.C. is no doubt an appealable order under Order 43, rule 1(c) C.P.C. In this case from the facts it apÂpears that the application under section 151 of the Code was filed for restoration of t..Category: Criminal Law | Date: | Hits: 85
Lal Mia Vs. State, 1989, 18 CLC (HCD)
....n filÂing the appeal and decide the matter on merits in the best way the court would deem fit and proper. Send down the records at once. Ed. This Case is also Reported in: 42 DLR (1990) 15. ......as the specific case of the petiÂtioner that he had no knowledge of the order of conÂviction and sentence and had known it only on 9.8.86 when he was arrested by the police at DurgaÂpur. 9. The question whether an appeal is barred by limitation or not or whether he had been prevented by just a......y the complainant out of enmity over a business of the petitioner at Zinzira bazar. The whole criminal case was processed against him behind his back and he was falsely shown as absconding. All these facts have been statÂed on verification by the petitioner before the learned Sessions Judge, while ..Category: Procedural Law | Date: | Hits: 122
....ter by implication without any subÂstance.
There is no merit in this application. AccordingÂly, this application is rejected in limine.
Ed.
This Case is also Reported in: 42 DLR (1990) 13.
......r Court."
6. It appears that the Registrar himself was satÂisfied with the conditions laid down in section 7 and granted the certificates of registration under section 8 of the Ordinance. Now the question that falls for our consideration is whether by virtue of section 10(2) the plaintiff or any......19 and 40 DLR 45 (AD) and made an attempt to argue on implied ouster of jurisÂdiction. In the decisions cited neither the provisions of Industrial Relations Ordinance, 1969 were considÂered nor the facts of these cases are similar to the facts of the present case. Therefore, these decisions are of..
Category: Labour and Industrial Law | Date: | Hits: 178
Amalendu Majumder Vs. State, 1996, 25 CLC (HCD)
....rned Magistrate is directed to proceed with the case in accordance with law. Send a copy of this order to the lower Court at once. Ed. This Case is also Reported in: 49 DLR (HCD) (1997) 204. ......nt Act, 1958. This means that for the purpose of investigation, the provisions of section 167 of the CrPC are applicable prescribing a time limit of 180 days for completing the investigation. Now the question is: What will be the consequence if the charge sheet could not be submitted by the investig......rned Magistrate is directed to proceed with the case in accordance with law. Send a copy of this order to the lower Court at once. Ed. This Case is also Reported in: 49 DLR (HCD) (1997) 204. ..Category: Criminal Law | Date: | Hits: 97
Crescent Jute Mills Company Ltd. Vs. Chairman, Labour Court and another, 1996, 25 CLC (HCD)
....under the provisions of section 25 of the Act as found above. In the result, the Rule is discharged without any order as to Costs. Ed. This Case is also Reported in: 49 DLR (HCD) (1997) 201. ...... Court to decide the complaint after giving notice and hearing to the parties. To give the decision Labour Court is required to go into the merit of the case by examining witnesses and documents. The question is whether Labour Court can dismiss a case for default for non‑appearance of the complain......ing a complaint case is not a Civil Court and cannot exercise power under Order 9 of the Code of Civil Procedure. Still it has anciliary and indidental power to pass appropriate order required in the facts and circumstances of the case under section 25 of the said Act and, as such, impugned order ca..Category: Labour and Industrial Law | Date: | Hits: 177
Gias Uddin Vs. Dhaka Municipal CorporaÂtion and others, 1996, 25 CLC (HCD)
....acts and circumstances of the case we find no merit in this Rule. In the result, the Rule is discharged without any order as to costs. Ed. This case is also Reported in: 49 DLR (HD) (1997) 199. ......acts and circumstances of the case we find no merit in this Rule. In the result, the Rule is discharged without any order as to costs. Ed. This case is also Reported in: 49 DLR (HD) (1997) 199. ......ents that petitioner was an unauthoried occupant in Gulshan Park No.1 popularly known as Taltala Park has substance. 5. Right to life under Article 31 of the Constitution may be interpreted in the facts and circumstance of a case, to mean right to accommodation without which human life cannot be ..Category: Constitutional Law | Date: | Hits: 369
Seraj Miah Vs. State, 1997, 26 CLC (HCD)
....assed by the trial Court are upheld. The appellant will undergo the sentence of imprisonment for life without having to pay any fine. Ed. This Case is also Reported in: 49 DLR (HCD) (1997) 192. ......t aside. 6. Mr. AQ Rashid Ahmed, learned Assistant Attorney-General appearing on behalf of the state, has submitted that under section 118 of the Evidence Act, all persons, who can understand the questions put to them and can give rational answer to those questions are competent to testify befor...... P.W.7 Kalu Mia recorded under section 164 CrPC as a substantive piece of evidence against the appellant. We have referred to it only to show the conduct of the witness for his propensity to suppress facts. In our society a domestic servant can hardly speak against the master’s voice. 14. The n..Category: Procedural Law | Date: | Hits: 94
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