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Modares Miah Vs. The Chairman, 1st Labour Court and another, 1991, 20 CLC (HCD)

....legal effect and the petitioner be re‑instated at once. In the result, the rule is made absolute, without any order as to costs. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 165. ......isi was issued calling upon the respondents to show cause why the judgment and order dated 24.9.1986 passed by the Chairman, 1st Labour Court, Dhaka should not be declared to have been passed without lawful authority and to be of no legal effect. The case of the petitioner in short is that he was..

Category: Labour and Industrial Law | Date: | Hits: 148

Abul Hashem Master Vs. State, 1991, 20 CLC (HCD)

....der section 19A(F) of the Arms Act. He be acquitted of the charge. Let him be set at liberty if not required in any other connection. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 159. ......e instance of the accused and brought out by him and made over to the police by him there is no scope for search and as such there is no question of application of the procedure of search provided in law. We would endorse this view of the learned Single Bench Judge of the High Court. 16. Now we a..

Category: Criminal Law | Date: | Hits: 85

Mafizur Rahman Vs. Joynal Abedin and others, 1992, 21 CLC (HCD)

....ecords expeditiously. Let a copy of the judgment be sent to the learned Subordinate Judge at his present station for his guidance. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 158. ......ding so dismissed the Misc. Case. But to meet the grievance of the present petitioner the learned Subordinate Judge assumed the role of the petitioner by putting valuation which is not permissible in law. 5. Mr. Syed Mahmud Hossain submits that the Rule is liable to be discharged on the ground th..

Category: Property Law | Date: | Hits: 74

Government of Bangladesh Vs. Syndicate Limited, 1998, 17 CLC (HCD)

....e of the court. We find no merit in this revisional application. The Rule is, accordingly, discharged without any order as to coats. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 330.......work and being liable to make necessary repair, rejoin or restore the work at his own cost, the award was without jurisdiction and a nullity and so the learned Subordinate Judge committed an error of law resulting in an error in the decision occasioning failure of justice in making the award a rule ..

Category: Alternative Dispute Resolution | Date: | Hits: 147

Pubali Bank Ltd. Vs. Sultana Oil Mills and Soap Factory and others, 1998, 17 CLC (HCD)

....der as to costs. The judgment and decree passed by the trial Court is hereby affirmed. Send down the lower court records at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 323. ......(a), 4, 18, 22, and 45 of the Partnership Act, 1932 and argued that the defendant-respondent No.5 having admitted the liability of the loan is bound to repay the debt and the trial Court has erred in law in not decreeing the suit. The learned Counsel virtually relied on Exhibit 10(J), which is a rep..

Category: Business or Commercial Law | Date: | Hits: 196

Khorshed (Md.) alias Khorshed Vs. State, 1999, 18 CLC (HCD)

....ppeal is dismissed. The judgment, order of conviction and sentence appealed against are confirmed. Send down the LC Records at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 317.......s regards the occurrence, he stated that the same took place at about 8-00/8-30 PM on 8-5-87 in front of Azimpur Girls High School. He further stated that on that night he went to visit his father-in-laws house at Azimpur with his wife. While returning home, someone gave knife blow to his wife and t..

Category: Criminal Law | Date: | Hits: 54

Raisuddin Vs. Secretary, Ministry of Law, Justice and Parliamentary Affairs and others , 1999, 18 CLC (HCD)

....rd appreciation for the arguments advanced by Mr. Razzaque. For the aforesaid discussion, the Rule is discharged but with no costs. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 313.......ndents to show cause as to why the order dated 10-6-98 (Annexure-A) of the respondent No.3 and order dated 17-6-98 (Annexure-B) of the respondent No.2 should not be declared to have been made without lawful authority and is of no legal effect. And in Writ Petition No.1927 of 1998 a Rule Nisi was als..

Category: Civil Law | Date: | Hits: 83

Nurjahan Begum & others Vs. Jasimuddin Ahmed and others, 1998, 17 CLC (HCD)

....ted earlier by this Co stands vacated. Communicate the order of this Court to the teamed Senior Assistant Judge, Thakurgaon at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 310.......rs moved this Court and obtained the present Rule. 6. Mr. Akram Hossain Amin, the learned Advocate appearing for the defendant-petitioners, submits that the learned Senior Assistant Judge erred in law in passing the impugned order illegally and arbitrarily ignoring the provisions of Order 11 rule..

Category: Property Law | Date: | Hits: 108

Moqbul Hossain Bakul and others Vs. Mohammad Ali and others, 1998, 17 CLC (HCD)

....aintain status quo in respect of the possession of the suit property is hereby vacated. Send down the lower court records at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 307. ......present Rule. 6. Mr. Hasmat Ali, the learned Advocate appearing for the petitioners, submits that the appellate Court having found that the suit was bad for defect of parties committed an error of law is not sending the same on remand to the trial Court, to enable the plaintiffs to implead all th..

Category: Property Law | Date: | Hits: 65

Hindu Deity Lakshmi Gobinda Jew Vs. Deputy Custodian, Enemy Property, Government of Bangladesh and others, 1998, 17 CLC (HCD)

....t be treated as abandoned property or vested property (enemy property) by the defendants. Send down the lower Court records at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 300.......s also alleged that the suit property was the secular property of one Suresh Chandra Roy who subsequently settled in India, following which the suit property has become enemy property by operation of law. It was also alleged that the suit p was made by the Government as an abandoned property under S..

Category: Property Law | Date: | Hits: 102

Salahuddin (Md.) & others Vs. State, 1997, 16 CLC (HCD)

.... 561A Cr.P.C. as the Code under section 265C provides for an alternative remedy. Accordingly, the application is summarily rejected. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 299.......ision of this Act, It is the settled principle of interpretation of a statute that unless retrospectivity is expressly given to a provision of an Act it cannot be given by judicial pronouncement. The law or any provision of a law is prospective. Therefore, the contention of Mr. Sheikh Atiar Rahman o..

Category: Criminal Law | Date: | Hits: 83

Hosna Jahan (Munna) Vs. Md. Shajahan (Shaju) and others, 1998, 17 CLC (HCD)

....ccordingly, this application is rejected. The Family Court is directed to dispose of the suit on merit without any further adjournment. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 295.......tioners Jahan @ Munna her father Momtazuddin Ahmed Chowdhury (opposite party No.2), mother Monwara Begum (opposite party No.3), brother Mahatabuddin Chowdhury (opposite party No.4) and her brother-in-law (sister’s husband) Faiz Ahmed as opposite party No.5 respectively, contending, inter alia, tha..

Category: Family Law | Date: | Hits: 166

Chan Mia (Md.) Vs. Rupnahar, 1998, 17 CLC (HCD)

....d that the impugned judgment and decree suffer from any illegality or error of law. The application is therefore summarily rejected. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 292. ......ution of conjugal rights, realisation of dower and for maintenance. 2. The Family Court decreed the suit holding that the defendant-petitioner (husband) and the plaintiff-opposite party (wife) are lawfully weeded couple and directed the defendant to pay a sum of Taka 5,000.00 to the plaintiff as ..

Category: Family Law | Date: | Hits: 166

Santi Gopal Dey and others Vs. Maliza Rani Saha and others, 1998, 17 CLC (HCD)

....urnments to the parties except on most convincing grounds. Communicate the order to the learned Assistant Judge, Narshingdi at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 290.......3. The defendant opposite parties contested the suit by filing written statement denying the material allegations of the plaint, contending, inter alia, that the suit as framed is not maintainable in law and it is barred by limitation. It was further alleged that the plaintiffs filed the suit with f..

Category: Procedural Law | Date: | Hits: 58

Shamsuddin Ahmed and others Vs. Government of Bangladesh and others, 1993, 22 CLC (HCD)

....lier granted by this Court and extended from time to time is hereby vacated. Communicate the order to the Court concerned at once. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 675. ......t vested in the Government and the record of rights was prepared in the name of the Government and that the plaintiffs' documents of purchase are collusive ones and not according to the provisions of law. 3. The suit was ultimately fixed for peremptory hearing on 28.7.92 on which date both the pa..

Category: Property Law | Date: | Hits: 68

Bangladesh and another Vs. Banarashi Lal Sharaf and others, 1993, 22 CLC (HCD)

....iff's Title Suit No.18/57 is dismissed. In the facts and circumstances of the case parties shall bear their respective costs althrough. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 669.......m his godown at Kushtia Bazar as per detention memo Ext.1 on suspicion; that at the time of the seizure as well as before the Collector of Central Excise and Land Customs sufficient proof as to their lawful possession by the plaintiff was placed but they totally ignored them; that out of the 12 item..

Category: Fiscal/Taxation Law | Date: | Hits: 125

Mojibar Vs. State, 1998, 17 CLC (HCD)

....er sections 395/397 of the Code and he may be acquitted thereof and must be set at liberty at once, if not wanted in any other case. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 507. ......nfession on (Ext. 3) there is no corroborative evidence either direct or circumstantial evidence before us against the accused appellant. So we find that the learned Assistant Sessions Judge erred in law in admitting the confessional statement of a co-accused as substantive evidence against the accu..

Category: Criminal Law | Date: | Hits: 78

Mir Shahidul Islam and others Vs. State, 1998, 17 CLC (HCD)

....ed. In the result, the Rule is discharged and the petitioners are directed to surrender to the Court below on the date i.e. 16-7-98. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 506.......table, influential or highly placed in the society by reason of his being rich or educated or politically connected or otherwise holding important post or office he cannot avoid the due course of the law to appear before the Courts below and use this court as a substitute of the Subordinate Courtsâ€..

Category: Criminal Law | Date: | Hits: 84

Shyamal Chandra Roy Vs. Probhat Chandra Roy, 1999, 18 CLC (HCD)

....order, with notice to the contending parties. Communicate the order of the Court to the learned Assistant Judge, Thakurgaon at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 504.......n contest holding, inter alia, that the suit is bad for defect of parties and that the suit property having not been properly and specifically described in the plaint, The suit is not maintainable in law. Being aggrieved, the plaintiff petitioners filed an appeal before the District Judge, Dinajpur ..

Category: Procedural Law | Date: | Hits: 91

Mizanur Rahman Khan (Md.) and another Vs. Jinnatul Ferdous and others, 1999, 18 CLC (HCD)

....ioner on 18-6-97 in execution of the writ issued to him by the learned Executing Court. Send down the lower Court records at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 493. ......puted property without any reference to possession therein, the award decree are essentially a preliminary decree and it could not be executed without making the decree a final one in accordance with law and consequently all actions taken by the learned Advocate Commissioner in pursuance of the orde..

Category: Civil Law | Date: | Hits: 66