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Govt. of People's Repub. of BD & other Vs. Md. Shamsul Haque & other, 2004, 33 CLC (AD)
.... 10. We do not find any substance in the submission of the learned Counsel for the petitioners for any interference with the impugned judgment and order. The petition is dismissed. Ed. ......ettlement to try the case and give a decision in accordance with law and also directing the petitioner to restore the possession of the property to the respondent No. 1 within a period of 3 months from the date of receipt of the impugned order. 2. Respondent No. 1 as the writ‑p...... 10. We do not find any substance in the submission of the learned Counsel for the petitioners for any interference with the impugned judgment and order. The petition is dismissed. Ed. ...... 10. We do not find any substance in the submission of the learned Counsel for the petitioners for any interference with the impugned judgment and order. The petition is dismissed. Ed. ..Category: Property Law | Date: 7 Dec, 2003 | Hits: 139
Superintendent (now GM), James Finlay PLC & anr Vs. Chair., 2nd Labor Court & anr, 2005, 34 CLC (AD)
....Labour Court to pursue under section 25 of the Employment of Labour (Standing Order) Act, 1965. With these observations this appeal is dismissed without any order as to costs. Ed. ......rvice with all back wages. The respondent No. 2 was appointed by the appellant on 15‑2‑1989 as a Storekeeper of Balisera Central Hospital, PS Sremangal, Moulvi Bazar and was discharged from service on 2‑10‑1992 for misconduct in accordance with the provision of section 17......Labour Court to pursue under section 25 of the Employment of Labour (Standing Order) Act, 1965. With these observations this appeal is dismissed without any order as to costs. Ed. ......Labour Court to pursue under section 25 of the Employment of Labour (Standing Order) Act, 1965. With these observations this appeal is dismissed without any order as to costs. Ed. ..Category: Labour and Industrial Law | Date: 4 Nov, 2003 | Hits: 106
Abul Bashar and ors. Vs. Prafulla Kumar Das & ors., 2004, 33 CLC (AD)
....Division could not be pointed out calling for interference by this Division, the petition is dismissed with cost. The cost is assessed fee of one day hearing of a Senior Counsel. Ed. ...... 4. The learned Counsel for the petitioners submits that the plaintiffs have acquired interest in the land described in "ga" schedule attached to the plaint of Title Suit No. 96 of 1997 from the defendant Nos. 2, 5 and 6 of Title Suit No. 28 of 1987 and, as such, the High Court Divisio......Division could not be pointed out calling for interference by this Division, the petition is dismissed with cost. The cost is assessed fee of one day hearing of a Senior Counsel. Ed. ......Division could not be pointed out calling for interference by this Division, the petition is dismissed with cost. The cost is assessed fee of one day hearing of a Senior Counsel. Ed. ..Category: Property Law | Date: 2 Nov, 2003 | Hits: 96
Smart Apparels (Pvt.) Ltd. Vs. Hanvit Bank Kuni Bong Branch and ors., 2005, 34 CLC (AD)
....ces, we direct the trial Court to dispose of the temporary injunction matter within 4 weeks from the date of receipt of this order. The petition is dismissed. Ed. ......g out of order No. 2 dated 14-2-2000 passed in Title Suit No.32 of 2000 by the learned Joint District Judge, Court No.1, Dhaka restraining defendant Nos.1‑4 (respondent Nos.3‑4 herein) from making the payment to the corresponding Bank under letters of credit being Nos. BBA/01/99/565/......ces, we direct the trial Court to dispose of the temporary injunction matter within 4 weeks from the date of receipt of this order. The petition is dismissed. Ed. ......ces, we direct the trial Court to dispose of the temporary injunction matter within 4 weeks from the date of receipt of this order. The petition is dismissed. Ed. ..Category: Business or Commercial Law | Date: 2 Nov, 2003 | Hits: 783
Govt. of BD. Rep. by Adnl. DC Vs. AKM Abdul Hye & ors., 2004, 33 CLC (AD)
....d enjoyed by the Government and it is not correct to say that plaintiffs are in possession of the land in suit and they have their establishments and structures in the land in suit, but there is no corroboration of the aforesaid statements, nor any material has been brought on record to establis......8) Article 120 The person whose interest is affected due to preparation of wrong record of rights of his property is authorised to file a suit seeking declaration of title within six years from the date, the person in whose name record has been wrongly prepared and finally published rais......; 15. In view of our discussions made hereinabove we find no merit in this appeal. Accordingly the appeal is dismissed. There is no order as to costs. Ed. ......; 15. In view of our discussions made hereinabove we find no merit in this appeal. Accordingly the appeal is dismissed. There is no order as to costs. Ed. ..Category: Property Law | Date: 29 Oct, 2003 | Hits: 1038
Hossain @ Foran Miah and ors. Vs. State, 2004, 33 CLC (AD)
.... not produced before the Court. The other person, the victim though examined as PW 6, she denied the suggestion that she told her father that accused Foran and Babul raped her. In the absence of corroboration by the witnesses from whom the PW 1 heard about the occurrence, what he stated before ...... As regards PW 1, the informant, the learned Advocate further submits that the evidence of PW 1 is merely hearsay evidence because he did not see the occurrence and he only heard about the occurrence from Manik and his daughter Parul, the victim. Next, he has submitted that the High Court Division a......6 of 1997 against the appellants are set aside. The appellants are acquitted of the charge brought against them and be released at once if not wanted in connection with any other case. Ed. ......6 of 1997 against the appellants are set aside. The appellants are acquitted of the charge brought against them and be released at once if not wanted in connection with any other case. Ed. ..Category: Procedural Law | Date: 28 Oct, 2003 | Hits: 107
Jashimuddin Vs. State, 2004, 33 CLC (AD)
....cted and sentenced. 6. We do not find any infirmity with the impugned judgment for our interference. The petition is accordingly, dismissed. Ed. ......ut one of them was caught and after interrogation he told that his name was Jashimuddin of Shaik Para, PS Ramganj. District Noakhali and on searching his body they recovered one bomb and four bullets from his pocket. He also stated that they have committed dacoity in the market and others fled away.......cted and sentenced. 6. We do not find any infirmity with the impugned judgment for our interference. The petition is accordingly, dismissed. Ed. ......cted and sentenced. 6. We do not find any infirmity with the impugned judgment for our interference. The petition is accordingly, dismissed. Ed. ..Category: Criminal Law | Date: 26 Oct, 2003 | Hits: 79
Shamsuddin alias Shamsuddoha Vs. Mvi Amjad Ali & others, 2003, 32 CLC (AD)
....ision No. 72 of 1987 affirming those dated 14‑6‑1987 in NGR Case No. 132 of 1978 passed by the Magistrate, First Class, Cox's Bazar are hereby restored. Ed. This Case is also Reported in: ......1987 and NGR Case No. 132 of 1987) making the Rule disposed of directing the first party appellants to go to Civil Court for decision about title and possession over the suit property within one year from date and until a decision is given by the civil Court in respect of the disputed property the r......ision No. 72 of 1987 affirming those dated 14‑6‑1987 in NGR Case No. 132 of 1978 passed by the Magistrate, First Class, Cox's Bazar are hereby restored. Ed. This Case is also Reported in: ......ision No. 72 of 1987 affirming those dated 14‑6‑1987 in NGR Case No. 132 of 1978 passed by the Magistrate, First Class, Cox's Bazar are hereby restored. Ed. This Case is also Reported in: ..Category: Property Law | Date: 27 Aug, 2003 | Hits: 414
Harunur Rashid and ors. Vs. State and ors., 2004, 33 CLC (AD)
....offence against the petitioners has been well proved beyond reasonable doubt. So, we find nothing to interfere. The petitions are accordingly dismissed. Ed. ......offence against the petitioners has been well proved beyond reasonable doubt. So, we find nothing to interfere. The petitions are accordingly dismissed. Ed. ......offence against the petitioners has been well proved beyond reasonable doubt. So, we find nothing to interfere. The petitions are accordingly dismissed. Ed. ......offence against the petitioners has been well proved beyond reasonable doubt. So, we find nothing to interfere. The petitions are accordingly dismissed. Ed. ..Category: Criminal Law | Date: 23 Aug, 2003 | Hits: 85
DU rep. by its VC Vs. Associated Engineering & Drillers, 2004, 33 CLC (AD)
....sts. The respondents are entitled to realise an amount of Taka 30,35,312 for which the execution case can proceed if the appellant fails to deposit the amount within 15 days from the date. Ed. ......cedure in the said execution case praying for amendment of the petition of the said Title Execution Case No. 2 of 1998 by addition (if further amount of Taka 38,24,961.53 as interest for the period from 1‑121997 to 26‑8‑1999 on the awarded amount of Taka 1,37,66,310 at 16% ......sts. The respondents are entitled to realise an amount of Taka 30,35,312 for which the execution case can proceed if the appellant fails to deposit the amount within 15 days from the date. Ed. ......sts. The respondents are entitled to realise an amount of Taka 30,35,312 for which the execution case can proceed if the appellant fails to deposit the amount within 15 days from the date. Ed. ..Category: Civil Law | Date: 20 Aug, 2003 | Hits: 291
Capital Tower Ltd. Vs. Mirpur Mazar Co operative Market Society Ltd. & ors, 2004, 33 CLC (AD)
....previously numbered as Title Suit No. 92 of 1993 of the 1st Court of Assistant Judge, Dhaka) is set aside and the suit is dismissed. There is no order as to costs. Ed. ......uot;. [Exhibit 5 is the application dated April 13, 1981 of the plaintiff seeking allotment of the land measuring 1002 square yards for expansion of the market and Exhibit 5(a) is the communication from the authority rejecting the prayer for allotment of the plaintiff since the area has been sho......previously numbered as Title Suit No. 92 of 1993 of the 1st Court of Assistant Judge, Dhaka) is set aside and the suit is dismissed. There is no order as to costs. Ed. ......previously numbered as Title Suit No. 92 of 1993 of the 1st Court of Assistant Judge, Dhaka) is set aside and the suit is dismissed. There is no order as to costs. Ed. ..Category: Property Law | Date: 18 Aug, 2003 | Hits: 216
Hossain Shially (Fakir) Vs. State, 2003, 32 CLC (HCD)
....val has made the entire prosecution case suspicious for absence of it. The evidence of a prosecutrix in a rape case customarily, being a woman of full age, is not accepted as sufficient, but requires corroboration by independent evidence in order to be believed which has been found in the decision r......her will, while her mother-in-law was sleeping on the verandah on the same hut. The informant was at Dhaka who works as helper of mason and that he came to know about the occurrence after return therefrom, but could not file necessary case, as the local people tried to settle up the matter out of Co......as such, it is reasonable that the medical officer who examined her could not notice any mark of rape on her body. He lastly submits that the prosecution is found to have proved its case by examining independent and disinterested witnesses who are none but the close neighbors and, as such, there is ...... Send down the LC records along with a copy of this judgment to the trial Court concerned immediately for information and necessary action. Ed. This Case is also Reported in: 56 DLR (2004) 637. ..Category: Women and Children | Date: 19 Jul, 2003 | Hits: 162
Mrs. Razia Satter Vs. Mr. Azizul Huq and two others, 2003, 32 CLC (HCD)
....in this rule and accordingly this rule is discharged and the contemners are acquitted of the charges-eveled against them. Ed. This Case is also Reported in: 26 BLD (HCD) (2007) 515. ...... structures thereon and further prayed for restraining the respondents not to take possession of the petitioner's land and not to demolish semi-pucca structures thereon. It, however, appears from the order dated 14.8.2001 that at the time of moving the aforesaid writ petition the petit......in this rule and accordingly this rule is discharged and the contemners are acquitted of the charges-eveled against them. Ed. This Case is also Reported in: 26 BLD (HCD) (2007) 515. ...... structures were semi-pucca structures and nowhere within the four corners of case record she has ever stated as to whether she pays income tax. Even if it is assumed that the petitioner had no other source of earning then also the income derived from property becomes taxable. Therefore, s..Category: Constitutional Law, Contempt of Court Law | Date: 30 Jun, 2003 | Hits: 13
Zahed Ali Foreman (Driver) and ors. Vs. State, 2004, 33 CLC (AD)
....terference is called for by this Division in respect to the judgment and order of the High Court Division. Accordingly, the petition is dismissed. Ed. ...... and reached near the Shahid Minar at Kashipur Bazar then the accused persons and 4/5 others being armed with lethal weapons and fire arms as well as bombs surrounded the rickshaw and pulled him down from the rickshaw and inflicted indiscriminate blows by a Chinese axe in the different places of the...... as on the evidence of PW 6 who heard about the incident from PWs I and 3, convicted and sentenced the present petitioners and others in the manner as mentioned hereinover. The High Court Division on independent discussions of the evidence in respect of the individual appellant allowed the appeal of......terference is called for by this Division in respect to the judgment and order of the High Court Division. Accordingly, the petition is dismissed. Ed. ..Category: Criminal Law | Date: 24 May, 2003 | Hits: 84
Begum Lutfunnessa Vs. Md. Shafiullah and others, 2003, 32 CLC (AD)
....of Subordinate Judge, Commercial Court No. 2, Dhaka. Accordingly, the appeal is dismissed. There is no order as to costs. Ed. This Case is also Reported in: 55 DLR (AD) (2003) 102. ...... materials on record are sufficient for the disposal of the suit in that case the superior court should dispose of the same. But there may be cases, as the instant one, even though there is no prayer from the parties in the proceedings for sending the suit back to the trial court or to the lower app...... when the agreement between the plaintiffs and the defendant No. 1 was entered into and the defendant No. 3 did not execute the agreement as Manager of plaintiff No. 1 and thus defendant No. 3 is the independent purchaser along with the plaintiffs; that defendant No. 3 is not the Benamder of the pla......of Subordinate Judge, Commercial Court No. 2, Dhaka. Accordingly, the appeal is dismissed. There is no order as to costs. Ed. This Case is also Reported in: 55 DLR (AD) (2003) 102. ..Category: Civil Law | Date: 18 May, 2003 | Hits: 202
Jahanara Begum and others Vs. Hazera Khatun, 2003, 32 CLC (AD)
.... not sustainable in law and the same is accordingly set aside. In the result the appeals are allowed but without any order as to costs. Ed. This Case is also Reported in: ......y created. 5. Title Suit No. 27 of 1976 was decreed ex parte on 5.1.1985 and the Kabala was executed and registered through the Court. The respondent Nos. 1-6, however, purchased the suit land from the plaintiff Jahanara Begum but meanwhile respondent No. 7 the appellant in Civil Appeal No. 4......asis of his agreement for sale in respect of the suit land. 17. In the instant suit for specific performance of contract the respondent Nos. 1-6 have no right to relief for setting up an independent claim of title to the land beyond the cause of action of the sui...... not sustainable in law and the same is accordingly set aside. In the result the appeals are allowed but without any order as to costs. Ed. This Case is also Reported in: ..Category: Contract Law | Date: 12 May, 2003 | Hits: 251
State Vs. Md. Motiur Rahman & anr., 2004, 33 CLC (AD)
....ns 120(b)/302/380/201/212/114/411/34 of the Penal Code, rejecting the prayer for bail now pending in the Court of learned Chief Metropolitan Magistrate, Dhaka, is hereby set aside. Ed. ......ted bail to the accused respondents Md Matiur Rahman alias Matin and Md. Ali Babul Hassan alias Babu Jamal mainly on the ground that the case is based on the circumstantial evidence and observed that from the materials on record no direct complicity of the accused respondents in the alleged occurren......hey did not live with Mr. Alam and deceased Alam lived in the 1st floor of 227 Alambagh of New Jurain under Shampur Police Station. The sons of the 1st wife of Mr. Alam had been passing their days by independent business and Mr. Alam appointed 1) Farida, 2) Monowara, 3) Kamola, 4) Sakhina, 5) Rahima......ns 120(b)/302/380/201/212/114/411/34 of the Penal Code, rejecting the prayer for bail now pending in the Court of learned Chief Metropolitan Magistrate, Dhaka, is hereby set aside. Ed. ..Category: Criminal Law | Date: 12 May, 2003 | Hits: 74
Chan Miah (Md) Vs. Md. Dabirul Islam Khan & ors., 2004, 33 CLC (AD)
....it any consideration and we also do not find any illegality or infirmity to interfere with the impugned judgment of the High Court Division. The petition is dismissed. Ed. ...... with the consideration money together with compensation thereon at the rate of 10%. Section 96(4) of the Act provides that any co‑sharer tenant to the case holding can apply within 2 months from the date of service of summons under section 96(3)(b) of the Act. Section 96(5) provides the p......it any consideration and we also do not find any illegality or infirmity to interfere with the impugned judgment of the High Court Division. The petition is dismissed. Ed. ......it any consideration and we also do not find any illegality or infirmity to interfere with the impugned judgment of the High Court Division. The petition is dismissed. Ed. ..Category: Property Law | Date: 5 May, 2003 | Hits: 141
Bangladesh Biman Corporation, represented by MD Vs. Rabia Bashri Irene and others, 2003, 32 CLC (AD)
....sion. In the afore state of the matter we find no substance in these petitions. Accordingly, the petitions are dismissed. Ed. This Case is also Reported in: 55 DLR (AD) (2003) 132. ...... petitioners having been recruited under the new policy with the new terms and conditions based on reasonable and legal goal of achieving commercial viability and competitiveness, which was different from terms and conditions of the recruitment batches 1‑27, the High Court Division was wrong in ho......man has more than one establishment, and the employees of one establishment cannot be equated with the employees of other establishments of Biman, and that the employees of each establishment have an independent classifications, of themselves, and therefore the absorption of employees of separate es......sion. In the afore state of the matter we find no substance in these petitions. Accordingly, the petitions are dismissed. Ed. This Case is also Reported in: 55 DLR (AD) (2003) 132. ..Category: Employment/Service Law | Date: 30 Apr, 2003 | Hits: 164
Khandaker Abdul Hannan Vs. Sayara Begum, and anr., 2004, 33 CLC (AD)
....cordingly, the appeal is dismissed upon reduction of the sentence to the extent of period of imprisonment already served out. The appellant is discharged from his bail bond. Ed. ......risonment. The respondent No. 1 filed petition of complaint on August 12, 1986 before the Court of Magistrate, Nabinagar Upazila, Brahmanbaria, stating that the appellant drove her away from conjugal home and married one Farida Begum without obtaining permission of the Arbitration Cou......cordingly, the appeal is dismissed upon reduction of the sentence to the extent of period of imprisonment already served out. The appellant is discharged from his bail bond. Ed. ......cordingly, the appeal is dismissed upon reduction of the sentence to the extent of period of imprisonment already served out. The appellant is discharged from his bail bond. Ed. ..Category: Criminal Law | Date: 22 Apr, 2003 | Hits: 78
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