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Hemayetuddin and others Vs. Md. Shahjahan Miah and others, 2009, 38 CLC (HCD)
.... present Rule. 9. The learned Counsel Mr. Ali Reza with Mr. Salim Reza, appearing on behalf of the Defendant-Respondent-petitioner submits that the learned Appellate Court was absolutely wrong and erroneous in reversing the Judgment and decree passed by the trial Court. The trial Court after cons......t of the case. The learned counsel for the defendant-respondent-petitioner also could not point out any error or illegality or infirmity in the judgment passed by the lower Appellate Court. 16. In view of the discussion made above and facts and circumstances and also the legal position the Judgme..Category: Property Law | Date: | Hits: 72
HM Ershad Vs. The State, 1992, 21 CLC (HCD)
....ions of ours will not touch the merit of the case in any manner whatsoever. Let the records of the case be sent down immediately. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 533. ......Rule is liable to be discharged so as to enable the prosecution to proceed with the trial. Both the learned counsel and the Attorney‑General made their best efforts to substantiate their respective viewpoints by their painstaking and attractive argument placing facts of the case and relevant law..Category: Criminal Law | Date: | Hits: 286
Mamtajul Karim Vs. Government of Bangladesh and others, 1993, 22 CLC (HCD)
....n in Ward No.3, Musapur Purba Primary School Centre of Musapur Union Parishad immediately after receipt of the order from this Court. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 530. ......and reported to the Returning Officer for necessary action as otherwise the whole scheme of free and fair elections as envisaged under the relevant provisions of the election law will fail. 15. In view of the above we do not find any illegality in the impugned order of the Election Commission. Th..Category: Election Law | Date: | Hits: 122
Sher Mohammad and others Vs. Saroda Bala Sen and others, 1993, 22 CLC (HCD)
.... Accordingly the Rule is discharged. The stay granted earlier is hereby vacated. Communicate this order to the lower Court at once. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 527.......e before me which supports the claim that such prior denial of tenancy was made. The defendant appears to have denied the title of the plaintiff for the first time in the written statement. 22. In view of the decision in Ahmed Hussain Vs. Zakia Khatun, 20 DLR 1157 it will appear that denial of th..Category: Property Law | Date: | Hits: 50
Rajab alias Rajab Ali and others Vs. State, 2011, 40 CLC (HCD)
....rom his bail bond. Let the lower Court's record along with a copy of this judgment be sent down to the concerned Tribunal at once. Ed. This Case is also Reported in: 19 BLT (HCD) (2011) 492. ......ority under section 561A of the Code of Criminal Procedure. 13. In the case of Abdul Quader Chowdhury Vs. The State, 28 DLR (AD) (1976) 38, it has been spelt out that to bring a case within the purview of section 561 A of the Code of Criminal Procedure for the purpose of quashing a proceeding one..Category: Criminal Law | Date: | Hits: 86
Kulsum Banu Bibi and another Vs. Abdul Jobbar Bhuiyan and others, 2009, 38 CLC (AD)
....on. In the premises we do not find any merit in the leave petition. Accordingly, the petition for leave to appeal is dismissed. Ed. This Case is also Reported in: 19 BLT (AD) (2011) 180. ......ome material evidence then it was incumbent on the revisional Court to consider the same and to arrive at a proper finding on the material evidence on record and to finally dispose of the case. In view of the facts and legal position of the case I find that the lower appellate Court is absolutely..Category: Property Law | Date: | Hits: 94
....of the representation made by the petitioners. We do not find any merit in the leave petition.
The petition is accordingly dismissed.
Ed.
This Case is also Reported in: 19 BLT (AD) (2011) 178.......prior to filing this writ for absorbing/appointing them into the newly formed DPDC Ltd., which have been pending with the respondents without taking any decision thereof. In this regard we are of the view that the respondents should have acted faster in disposing of the petitioners applications and ..
Category: Employment/Service Law | Date: | Hits: 62
.... the High Court Division upon correct assessment of the materials on record arrived at a correct decision.
The petition is dismissed.
Ed.
This Case is also Reported in: 19 BLT (AD) (2011) 176.......curred with the findings of the Courts below on this point. Moreover, all the course in on voice stated that passing of consideration money was also not proved.
In the circumstances, we are of the view that the High Court Division upon correct assessment of the materials on record arrived at a co..
Category: Property Law | Date: | Hits: 70
State vs. Md. Monwar Hossain Dipzol, 2009, 38 CLC (AD)
.... residence of the convict respondent and after conclusion of the trial the trial court found the accused guilty of the offence under sections 19A and 19(f) of the Arms Act and the High Court Division erroneously quashed the conviction and sentence of the respondents. The learned Additional Attorney ...... implicate the petitioner falsely the Mirpur Police Station Case No.34(3) of 2007 was lodged." The learned Judges of the High Court Division considered relevant provisions of the Arms Act noticed "In view the aforesaid provision, it appears that the defence case of existence of license in respect of..Category: Criminal Law | Date: | Hits: 67
Bangladesh Vs. Goutam Kumar Saha and others, 2009, 38 CLC (AD)
....e. Thus we do not find any substances in the application. Accordingly both the petitions are dismissed without any order as to costs. Ed. This Case is also Reported in: 19 BLT (AD) (2011)169......., his such decision was approved by the government. But in the instant case we find no nexus between the said decision of the Inspector General of Police of the impugned orders. Moreover, we hold the view that the provision of section 9(2) of the Public Servants (Retirement) Act, 1974 do not have ap..Category: Employment/Service Law | Date: | Hits: 47
Md. Azizul Haque Vs. Adamjee Jute Mills Ltd., 2010, 39 CLC (HCD)
....he plaintiff opposite party's suit is dismissed. Let a copy of the judgment along with lower Court's record be sent down at once. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 236. ......e petitioner submits that both the Courts below having failed to appreciate that the claim of the plaintiff as made in the plaint does not constitute the cause of action for money suit inasmuch as in view of the averments made in the plaint that the defendant as an employee of plaintiff- Adamjee Jut..Category: Civil Law | Date: | Hits: 97
Moqbul Ahmed & others Vs. Shoeb Chowdhury & Others, 1990, 19 CLC (HCD)
....ion 115 of the Code of Civil Procedure. The application thus merits no consideration and the same is accordingly summarily rejected. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 156.......titioners for recording an order of abatement of the suit. 4. Being aggrieved the Petitioners have Preferred this revisional application. 5. It is submitted on behalf of the petitioners that in view of abatement of the suit taking place owing to non‑substitution of the heirs of the deceased ..Category: Civil Law | Date: | Hits: 93
....ondents in issuing notices? Our answer is in the negative.
For the above discussion, the Rule is discharged. No order as to costs.
Ed.
This Case is also Reported in: 44 DLR (HCD) (1992) 144.
......ed 18.10.86, Annexure‑W, pointed out to the Principal Staff Officer to the Chief Martial Law Administrator that a contractual obligation arises for sale of the land on the part of the Government in view of the Agreement, Annexure‑'D'. And the Ministry of Industries also requested to hold a meeti..
Category: Property Law | Date: | Hits: 92
A Elahee & Co. Vs. MM Aziz and others, 1991, 20 CLC (HCD)
....cordance with law. In the facts and circumstances of the case, there will be no order as to costs. Send down the LC records at once. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 131......., below erred in law in holding that the defendant Company has made an admission in their pleadings in Court for the application to be allowed under Order 12, rule 6 of the Code of Civil Procedure in view of the fact that no written objection was submitted by the defendant company in that suit at th..Category: Civil Law | Date: | Hits: 104
Evergreen Marine Corporation Vs. Habib and Brothers and others, 2010, 39 CLC (HCD)
....merit in the application and the same is liable to be rejected. Accordingly, the application praying to return of the plaint is rejected. Ed. This Case is also Reported in: 16 BLC (2011) 902. ......cided at the final stage of the suit, since the law provides that the question of maintainability since goes to the root of the case may be asked and considered upon obtaining evidence on dock. In view of the discussions and reasoning as above this Court find no merit in the application and the s..Category: Admiralty Law or Maritime Law | Date: | Hits: 202
Bangladesh and others Vs. Abdul Aziz, 2011, 40 CLC (HCD)
....revisional power. In the result the revision fails and the Rule is discharged without any order as to cost. Send down the LCR at once. Ed. This Case is also Reported in: 16 BLC (2011) 897.......ore the concerned surveyor. As per law, there was no claim against the suit plot and thus, the suit plot has been duly recorded in the name of government as khas khatian No.1. 15. It is consistent view of our apex Court that plaintiff is to prove his case and he cannot get a decree on the weaknes..Category: Procedural Law | Date: | Hits: 72
Ruhul Amin & others Vs. State, 2011, 40 CLC (HCD)
.... is discharged. The order of stay granted earlier by this Court stands vacated. Office is directed to communicate the judgment and order at once. This Case is also Reported in: 16 BLC (2011) 896.......nces is an illegality. So the classes of offences should be tried by two different Courts. Therefore, there is no illegality in continuing the two cases simultaneously by the two different Courts. In view of such facts, we hold that the Tribunal by framing charge under sections 3, 4 of the Act, agai..Category: Criminal Law | Date: | Hits: 71
Kazi Rokanuddin Ahmed and others Vs. Chairman, 1st Labour Court and others, 2011, 40 CLC (HCD)
....Bangladesh Labour Law (Criminal) Case No. 370 of 2010 is hereby declared unlawful, malafide, out of jurisdiction and is of no legal effect. Ed. This Case is also Reported in: 16 BLC (2011) 892. ......e filing of BLL (Criminal) Case No.370 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 the initiation and continuation of the criminal proceeding against the petitioners und..Category: Labour and Industrial Law | Date: | Hits: 156
Iqbal Hossain and six others Vs. Chairman, Labour Appellate Tribunal and Others, 2011, 40 CLC (HCD)
.... respondent No.2) are declared to have been passed without lawful authority and is of no legal effect. Send down the LC records at once. Ed. This Case is also Reported in: 16 BLC (2011) 889. ......ll be guided by the Employment of Labour (Standing Order) Act, 1965 as if Employment of Labour (Standing Order) Act, 1965 has not been repealed. 12. Considering the position as above we are of the view that the impugned judgment and order has been passed without lawful authority having no legal e..Category: Labour and Industrial Law | Date: | Hits: 161
Nasir Uddin Vs. State, represented by the Deputy Commissioner, Narayanganj, 2011, 40 CLC (AD)
....titioner the finding of the courts below to the effect that the prosecution has been able to prove the recovery-of alleged arms and ammunitions from the possession of this accused-petitioner has been erroneous. 8. We have considered the submissions of the learned Advocate for the petitioner and e......o how these arms and ammunitions came there. In the circumstances, the Courts below rightly held that these arms and ammunitions were recovered from the possession of this accused-petitioner. In view of above it is evident that the impugned judgment of the High Court Division suffers from no il..Category: Criminal Law | Date: | Hits: 64
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