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Zeenat Textile Mills Ltd. Vs. Chairman, Third Labour Court, Dhaka and another, 1991, 20 CLC (HCD)
....y entitled or to cause loss, by wrongful means, of property to which the person so losing is legally entitled. It is further clear from the definition that the gain or loss contemplated need not be a total acquisition or a total deprivation but it is enough if it is a temporary retention of property......eaning of this section. The essential thing to be proved in such cases in whether the accused was actuated by dishonest intention or not and which dishonesty has to be inferred from false accounting, absence of bonafides or reasonable explanation for non‑accounting." 12. In another case KM Merh......this court and obtained the present Rule. 4. Mr. Syed Amirul Islam, the learned Advocate appearing for the petitioner, inter alia, submitted that the Labour Court below acted illegally and without jurisdiction in sitting as a court of appeal over the finding of the domestic tribunal inasmuch as t..Category: Labour and Industrial Law | Date: | Hits: 172
Dulal Mia Vs. State, 1991, 20 CLC (HCD)
....r, Sylhet till disposal of the case. We also direct expeditious trial of the case. Let the records of the case be sent down at once. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 209.......t within such period being not less than thirty days from the date of publication of the order, as may be specified therein; and if such person fails to comply with such direction may be tried in his absence." Unfortunately, in the instant case, the Special Tribunal has not taken any proper step ......r, Sylhet till disposal of the case. We also direct expeditious trial of the case. Let the records of the case be sent down at once. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 209...Category: Criminal Law | Date: | Hits: 68
ASM Abdur Rob Vs. The State, 1991, 20 CLC (HCD)
.... the merits of the case as it should prejudice the accused at the trial. The Rule is thus discharged. Communicate the order at once. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 205....... the merits of the case as it should prejudice the accused at the trial. The Rule is thus discharged. Communicate the order at once. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 205....... the merits of the case as it should prejudice the accused at the trial. The Rule is thus discharged. Communicate the order at once. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 205...Category: Criminal Law | Date: | Hits: 85
Narayan Chandra Banerjee alias Bandapadhya Vs. Md. Salek Ali Shaik, 1991, 20 CLC (HCD)
....s Tight, title and interest in the same and, if not, whether the plaintiff is entitled to get back from the defendants an amount of Tk. 7,500 being the 3/4 share of the consideration money out of the total consideration money paid by the plaintiff for the land. In the case plaintiff has examined him...... aside and the decree of the trial Court is hereby restored. There will, however, be no order as to cost at this revisional stage. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 202. ......Advocate further submits that it was nobody's case that 3/4th share of the demised property was vested property but the court of appeal below committed error of law and misdirected itself in assuming jurisdiction not vested in him in presupposing that the property is vested property and the defendan..Category: Civil Law | Date: | Hits: 76
Halima Bibi Vs. The Chairman & another, 1992, 21 CLC (HCD)
....o legal effect. The property in question stands excluded from the list of abandoned property. We, however, make no order as to cost. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 197....... The definition of the abandoned property quoted above shows that the word "abandonment" connotes of that owner vacating the property with the intention of never returning to it. But mere temporary absence or absence in certain circumstances is not sufficient to warrant an inference of abandonment......eto and marked as Annexure 'R' to the petition. There being no other efficacious remedy provided in law against the impugned judgment and order of the Court of Settlement, petitioner invoked the writ jurisdiction and preferred this application. 12. Respondent No.2, Secretary, Ministry of Works. S..Category: Property Law | Date: | Hits: 64
Moulvi Gholam Moula Vs. Secretary, Ministry of Education, 1992, 21 CLC (HCD)
....le to petitioner to get the appeal heard by Respondent No.1. In view of this matter the petitioner is entitled to relief sought for. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 195.......le to petitioner to get the appeal heard by Respondent No.1. In view of this matter the petitioner is entitled to relief sought for. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 195.......le to petitioner to get the appeal heard by Respondent No.1. In view of this matter the petitioner is entitled to relief sought for. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 195...Category: Administrative Law | Date: | Hits: 164
Kudrat‑E‑Elahi Panir and others Vs. Bangladesh, 1991, 20 CLC (HCD)
....nterpretation of the Constitution, particularly, Articles 7(2), 8(2), 9 and 59 read with the first item of Article 152(1) thereof. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 179. ......Local Government institutions within the meaning of Article 59(1) of the Constitution. Admittedly, a Thana is not a District. So, a Thana or Upazila cannot be treated as an "Administrative unit" in absence of any declaration by any law for the time being in force to the effect that it is an "adm......Principles. Lastly, there may be a legislative act or an executive action in clear violation of the Fundamental Principles. The question that now comes up for determination is, whether the Court's jurisdiction to intervene is completely barred in all the above three contingencies in view of Art..Category: Constitutional Law | Date: | Hits: 461
Sadharan Bima Corporation Vs. M V Birba and others, 1991, 20 CLC (HCD)
....ay be exercised by the said Court. Mr. Huq has then referred to section 3 of Law Reforms Ordinance of the year 1978. Under section 3 of the Law Reforms Ordinance, 1978, the Letters Patent of 1865 was totally repealed. Mr. Rafiq‑ul‑Huq submits that under these circumstances, even if, before 1978,......cessary correction in clause (1) of rule 3 of Order XLIX of the Code of Civil Procedure by inserting clause (b) instead of clause (d). Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 171.......f general average is illegal and not binding upon the plaintiff. But this Court in its Admiralty Jurisdiction is not competent to adjudicate the validity of the general average declaration and has no jurisdiction to make the declaration sought by the plaintiff herein. The authority of this Court in ..Category: Admiralty Law or Maritime Law | Date: | Hits: 315
Faisal Mahbub Vs. Bangladesh, 1992, 21 CLC (HCD)
....Mymensingh District Jail, Mymensingh for compliance through special messenger at the costs and risk of the petitioner, as prayed for. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 168. ......Mymensingh District Jail, Mymensingh for compliance through special messenger at the costs and risk of the petitioner, as prayed for. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 168. ......Mymensingh District Jail, Mymensingh for compliance through special messenger at the costs and risk of the petitioner, as prayed for. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 168. ..Category: Criminal Law | Date: | Hits: 81
Yunus Kha and others Vs. Abdul Momin and others, 2011, 40 CLC (AD)
....bi. Bagir Ma died leaving behind her husband Abdul Latif and father Tamijuddin. Abdul Latif got 6.14 4/17 acres of land by inheritance and also got .53 7/17 acre as successor of his wife Bagir Ma, in total, 6.84 3/5 acres. Abdul Latif died leaving behind plaintiff No.1 as his only son and defendant ......ation of materials on record do not call for interference. Accordingly the civil petition for leave to appeal is dismissed summarily. Ed. This Case is also Reported in: VIII ADC (2011) 613. ......ation of materials on record do not call for interference. Accordingly the civil petition for leave to appeal is dismissed summarily. Ed. This Case is also Reported in: VIII ADC (2011) 613. ..Category: Property Law | Date: | Hits: 73
Mosammat Moslema Khatoon Vs. Most. Rasheda Khatoon and others, 2011, 40 CLC (AD)
....f both the Courts below and rightly dismissed the suit. Evidently, there is no merit in this leave petition and hence it is dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 583. ......rt below being the final court of facts their concurrent findings as to non-service of summons upon the defendants in the original partition suit cannot be interfered by the revisional court in the absence of any misreading or non-reading or misinterpretation of the evidence on record by those t......f both the Courts below and rightly dismissed the suit. Evidently, there is no merit in this leave petition and hence it is dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 583. ..Category: Property Law | Date: | Hits: 80
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. ...... allowed but the same being not found satisfactory, his service has been terminated with adverse comments. The order of termination as quoted earlier would show that he is being punished for habitual absence. 10. The learned Labour Court in its judgment found, "In the written statement the 2nd......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. ..Category: Labour and Industrial Law | Date: | Hits: 148
Abul Hashem Master Vs. State, 1991, 20 CLC (HCD)
....nclusion. This decision only follows the decision of the 21 DLR 654. The other case reported in 41 DLR 525isthe case of Kazi Ibrahim @ Ibrahim Vs. the State which also follows 21 DLR 684. Now the sum total of these decisions is that when a weapon is recovered from an open place accessible to others ......f Arshadullah Vs. the State reported in 21 DLR 684. In these cases it has been held that mere knowledge of the accused that the arms or the ammunition were lying at the spot pointed out by him in the absence of evidence and circumstances to show that he himself kept the same there or that he had exc......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. ..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. ......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 that in the absence of any provision in the Village Court Ordinance, 1976 for Second Appeal before the District ......ties and shall be enforceable in accordance with the provisions of this Ordinance. In this case admittedly the decision of the Village Court was by four to one and, therefore, was not amenable to the jurisdiction of the learned Munsif. The learned Munsif holding so dismissed the Misc. Case. But to m..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.......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....... into a revision and hence the present Rule. 4. Mr. Abdul Quiyum, learned Deputy Attorney-General appearing for the petitioner (Government of Bangladesh), has challenged the award as being without jurisdiction and a nullity on the ground that the arbitrator went beyond provision of Clauses 25, 27..Category: Alternative Dispute Resolution | Date: | Hits: 147
Pubali Bank Ltd. Vs. Sultana Oil Mills and Soap Factory and others, 1998, 17 CLC (HCD)
....le of the goods subject to certain conditions. But the admitted fact is that the plaintiff had no pledged goods of the defendants with them when Exhibit (E) was issued for their redemption. This is a total violation of the mandatory provision of law. 15. The provisions of sections 176 and 177 of ......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. ......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. ..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.......hat this omission on the part of the learned APP who conducted the case was deliberate. We have noticed in the record that the learned APP was not present while examining some of the P.Ws. and in his absence, the P.Ws. themselves made statement before the court without any guidance. 20. Be that a......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...Category: Criminal Law | Date: | Hits: 54
....ested under the licence cannot be taken away by such executive feat taking recourse to the aforesaid amendment of second proviso to section 4 of the Act. He submits that the impugned orders destroyed totally the vested right of the petitioner to earn his livelihood. Mr. Razzaque refers us 216 of Fun......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.......t also fallen vacant. The respondent Nos.3 and 2 by impugned notices dated 10-6-98 and 17-6-98 passed under section 4 of the Muslim Marriage and Divorces Act, 1974 have taken away Ward No.17 from his jurisdiction and given it to respondent No.4, Khalilur Rahman to perform the duty of Nikah Registrar..
Category: Civil Law | Date: | Hits: 83
Nurjahan Begum & others Vs. Jasimuddin Ahmed and others, 1998, 17 CLC (HCD)
.... do not suggest that the alleged failure was either intentional of deliberate on the part of the defendant-petitioners. The impugned order appears to have been passed in a carefree manner betraying a total lack of application of the judicial mind and the established judicial principles which emphasi......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.......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...Category: Property Law | Date: | Hits: 108
.... miserably failed to prove by any reliable evidence that they actually obtained delivery of possession in the suit property on the basis of the alleged settlement from the Government. The defence has totally failed to prove by any evidence as to how the contesting defendants possess the suit land. I......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.......nce a property becomes an abandoned property, it vests in the Government and, as such, the action of the defendants in treating the suit property as an enemy property is evidently illegal and without jurisdiction in the face of their claim that it earlier had become an abandoned property under secti..
Category: Property Law | Date: | Hits: 102
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