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....gs and anxieties for a long time."
4. We have considered leave petition, the materials on record and the submissions made by the learned Advocate appearing for the petitioner. Having regard to the facts and circumstances of the case and the provision of section 21 of the Dhaka Electric Authority ......ivil)
Present:
MM Ruhul Amin CJ
Md. Abdul Matin J
Shah Abu Nayeem Mominur Rahman J
BK Das J
Md. Muzammel Hossain J
The Managing Director, Dhaka Power Distribution Company Limited and another……………………...................Petitioners
Vs.
Borhanuddin Bhuiyan and......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...
Category: Employment/Service Law | Date: | Hits: 62
....is petition for leave to appeal is directed against the judgment and order dated 11th March, 2008 passed by the High Court Division in Civil Revision No.3634 of 2000 discharging the Rule.
2. Short facts as placed before the High Court Division are that the plaintiff instituted Other Class Suit No......hul Amin CJ
Md. Abdul Matin J
Md. Abdul Aziz J
Nurun Nahar Khan………………………………….Petitioner
Vs.
Monsur Rahman being dead his heirs: 1(a) Md. Mahbub Rahman (Mohon) and others……………………………….Respondent
Judgment
April 21, 2009.
Lawyers ...... 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...
Category: Property Law | Date: | Hits: 70
State vs. Md. Monwar Hossain Dipzol, 2009, 38 CLC (AD)
....Additional Attorney General next submits that the impugned order clearly shows non-application of judicial mind by the learned Judges of the High Court Division as the matter involves the question of facts as to the genuineness of the licences of the huge arms and ammunitions which have to be proved...... Rahman, Advocate-on-Record-For the Respondent. Criminal Petition for Leave to Appeal No. 226 of 2009. Judgment BK Das J. - This petition for leave to appeal is directed against the judgment and order dated 26.04.2009 passed by a Division Bench of the High Court Division in Criminal Miscell......al mind by the learned Judges of the High Court Division as the matter involves the question of facts as to the genuineness of the licences of the huge arms and ammunitions which have to be proved by evidence. The learned Additional Attorney General further submits that the learned Judges of the Hig..Category: Criminal Law | Date: | Hits: 67
Bangladesh Vs. Goutam Kumar Saha and others, 2009, 38 CLC (AD)
....cision in the case of M A Gafur and another Vs. Government of Bangladesh, reported in 56 DLR(AD), 205 cited by the learned Deputy Attorney General is not applicable the instant case for difference of facts." 5. We have perused the leave petition and the materials on record and considered the subm......ul Amin CJ Mohammad Fazlul Karim J Shah Abu Nayeem Mominur Rahman J BK Das J Bangladesh……………………………………Petitioner (In both the cases) Vs. Goutam Kumar Saha and others……………...Respondents (In Civil Petition No.2382 of 2009) Md. Abdul Gaffar Chow......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...Category: Employment/Service Law | Date: | Hits: 47
Md. Azizul Haque Vs. Adamjee Jute Mills Ltd., 2010, 39 CLC (HCD)
....arty to show cause as to why the judgment and decree of affirmance dated 24.4.2004 passed by the learned District Judge at Narayangonj in Money Appeal No.02 of 2002 should not be set-aside. 2. The facts of the case, in brief, are that the sole opposite party as plaintiff on 6.7.1986 filed a suit ...... Kumar Agarwal, Advocates………..For the Petitioner. Md. Tufailur Rahman with Jamaluddin Ahmed, Advocates……..For the Opposite Party. Civil Revision No. 2342 of 2004 (From the judgment and decree dated 24.4.2004 passed by the District Judge, Narayangonj in Money Appeal No. 2 of 2002.)......he allegation for causing loss amounting to Tk. 1,56,569.38 is not only unspecific also without any legal basis and as such the suit is liable to be dismissed. 5. At the trial both the parties led evidence to prove their respective cases. The learned Joint District Judge, 1st Court, Narayangonj o..Category: Civil Law | Date: | Hits: 97
Moqbul Ahmed & others Vs. Shoeb Chowdhury & Others, 1990, 19 CLC (HCD)
....the learned Advocate for the petitioners placed reliance on the decision in the case of Bhupati Biswas & others Vs. Niranjan Biswas & others reported in 40 DLR 517 which is distinguishable on facts from the present case. 6. The law on the point is fairly settled. In the case of Rahim Baks...... Vs. Narayan Biswas & Ors., 40 DLR 517; Rahim Baksha Gazi & Ors. Vs. Enbar Gazi & ors., 22 DLR 500; Ujjal Hossain & ors. Vs. Firoja Khatun & ors., 41 DLR 481; Mohomedally Tyebally and others Vs. Safiabai and others, AIR 1940 PC 215. Lawyers Involved: Mohammadullah with Moha......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...Category: Civil Law | Date: | Hits: 93
.... it a large number of documents and papers and respondents have equally put in affidavits‑in‑opposition annexing plethora of documents and papers. However, we, in a nutshell, narrate the relevant facts of the cases of both the petitioner and the respondents M/s Allenberry & Co. sometime in 1......
High Court Division
(Special Original Jurisdiction)
Present:
AM Mahmudur Rahman J
Mahmudul Amin Choudhury J
National Engineers Ltd.…………Petitioner
Vs.
Director, Military Lands and Cantonment Directorate and others ……..Respondents
Judgment
August 27, 1991.
Ca......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.
..
Category: Property Law | Date: | Hits: 92
Taslimuddin alias Tasir and others Vs. State, 1991, 20 CLC (HCD)
....be incompatible with the innocence of the accused. The learned Advocate further submits that the circumstantial evidence in the instant case is so weak that no inference could be drawn from the given facts that the victim Masharuddin was taken away or at last seen in the company of the condemned pri......ported in: 44 DLR (HCD) (1992) 136.......lam Bhuiyan, the learned Advocate along with Mr. Md. Asaduzzaman appearing on behalf of the appellants (condemned prisoners) opposed the reference. At the beginning we were taken through the FIR, the evidence of the witnesses, the judgment of the learned trial Court and other materials on record. Mr..Category: Criminal Law | Date: | Hits: 76
A Elahee & Co. Vs. MM Aziz and others, 1991, 20 CLC (HCD)
....pay the loan already incurred in the market. 11. In the instant case, the point to be decided is whether the provision of Order 12, rule 6 of the Code of Civil Procedure would be applicable in the facts and circumstances of the case for the Court to pass a decree in part on admission on pleadings......igh Court Division Appellate Jurisdiction (Civil) Present: Anwarul Haque Chowdhury J Kazi Ebadul Hoque J A Elahee & Co……………………….Petitioner Vs. MM Aziz and others...…………..Opposite Parties Judgment February 26, 1991. Cases Referred to-......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...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. ......C (2011) 902. ......o ask the point to be decided 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 t..Category: Admiralty Law or Maritime Law | Date: | Hits: 202
Bangladesh and others Vs. Abdul Aziz, 2011, 40 CLC (HCD)
....peal on contest by setting aside the judgment and decree passed by the learned Assistant Judge, Nasirnagar, Brahmanbaria on 30-4-2006 in Title Suit No. 110 of 2005 decreeing the suit. 2. The short facts which have given rise to the Rule are as follows: the opposite party as plaintiff filed Ti......LCR at once. Ed. This Case is also Reported in: 16 BLC (2011) 897.......udge, Nasir-nagar Brahmanbaria preferred Title Appeal No.61 of 2006 before the learned District judge and the learned District Judge considering the facts and circumstances of the case as well as the evidence on record allowed the appeal and set aside the judgment and decree passed by the Assistant ..Category: Procedural Law | Date: | Hits: 72
Ruhul Amin & others Vs. State, 2011, 40 CLC (HCD)
....ted 10-7-1993 against them under sections 3, 4 of the Explosive Substances Act, 1908 (briefly as Act) in Special Tribunal Case No. 8 of 1993 pending in the Special Tribunal No. 2 Gazipur. 2. Short facts leading to this Rule are that on 4-7-1992 at 10-45 hours SI Md. Belial Hossain as informant lo......m, Assistant Attorney-General—For the Opposite Party. Criminal Revision No.1100 of 1993. Judgment Syed Md Ziaul Karim J.- By this Rule, the accused petitioners have challenged the legality and propriety of the order of framing charge dated 10-7-1993 against them under sections 3, 4 of the...... 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...Category: Criminal Law | Date: | Hits: 71
Kazi Rokanuddin Ahmed and others Vs. Chairman, 1st Labour Court and others, 2011, 40 CLC (HCD)
....l under the category of either section 307 or section 310 of Bangladesh Labour Law. So, the 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 ......This Case is also Reported in: 16 BLC (2011) 892. ......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. ..Category: Labour and Industrial Law | Date: | Hits: 156
Iqbal Hossain and six others Vs. Chairman, Labour Appellate Tribunal and Others, 2011, 40 CLC (HCD)
....was barred by limitation. The service of the petitioner was terminated on 7-2-2002 and he collected the termination benefit on 27-7-2002, but he sent a grievance petition on 3-8-2002. 5. Since the facts of the other connected writ petitions are more or less similar, we do not feel it necessary to......Ed. This Case is also Reported in: 16 BLC (2011) 889. ...... Since the facts of the other connected writ petitions are more or less similar, we do not feel it necessary to reproduce the same here. 6. The respondent No.2 heard both sides and considering the evidence on record and other facts and circumstances of the case allowed the case by its judgment an..Category: Labour and Industrial Law | Date: | Hits: 161
Arefa Bewa and others Vs. Alekjan Bewa & others, 2009, 38 CLC (HCD)
.... 28-10-1995 and 2-11-1995 passed by the Senior Assistant Judge, Second Court, Bogra in Partition Suit No. 248 of 1969 decreeing the suit. 2. This revisional application arises out of the following facts: On 30-5-1969 predecessor of the opposite party Nos. 1-10 as plaintiff instituted, Other Su...... once. Ed. This Case is also Reported in: 16 BLC (2011) 888. ......discharged without any order as to cost. The decrees of the Courts below are hereby affirmed. Send down the lower Court records at once. Ed. This Case is also Reported in: 16 BLC (2011) 888. ..Category: Property Law | Date: | Hits: 72
Afrin Akter Vs. Bangladesh and other, 2011, 40 CLC (HCD)
....egard to the circular and such failure appears to us, deliberate and intentional and they should be condemned for deliberate and such intentional disobedience to the circulars. 19. However, in the facts and circumstances of the case, we will not suggest for any punishment but this Court expects t......r at once. Ed. This Case is also Reported in: 16 BLC (2011) 884. ...... the Ministry of Health, respondent No.1, Civil Surgeon-Pirojpur and the concerned Officer of Upazilla-Najirpur, District-Pirojpur at once. Ed. This Case is also Reported in: 16 BLC (2011) 884. ..Category: Employment/Service Law | Date: | Hits: 91
Sunil Chandra Chowdhury Vs. Elders Limited and another, 2011, 40 CLC (AD)
.... Court Division under Section 46 of the Trade Marks Act, 1940 for rectification of the register of Trade Mark by removing the registered Trade Mark No.C-5707 in Class-29 therefrom. 3. The relevant facts necessary for disposal of this appeal are as follows:— The petitioner of Trade Mark Appli......Md. Muzammel Hossain CJ Surendra Kumar Sinha J MA Wahhab Miah J Nazmun Ara Sultana J Syed Mahmud Hossain J Md. Iraman Ali J Md. Mamtaz Uddin Ahmed J Md. Shamsul Huda J Sunil Chandra Chowdhury.................................Appellant Vs. Elders Limited and another............pt of Court and sentencing him to pay a fine of Taka 2,000, in default, to suffer simple imprisonment for 15(fifteen) days be set aside. Ed. This Case is also Reported in: 64 DLR (AD) (2012) 11. ..Category: Intellectual Property Law | Date: | Hits: 270
Nasir Uddin Vs. State, represented by the Deputy Commissioner, Narayanganj, 2011, 40 CLC (AD)
....convicted accused seeking leave to appeal against the judgment and order dated 12-8-2009 passed by the High Court Division in Criminal Appeal No.4850 of 2005 dismissing the appeal. 2. The relevant facts necessary for disposal of this Criminal Petition for Leave to Appeal are as follows:— O......n, Advocate instructed by AKM Shahidul Huq, Advocate-on-Record-For the Petitioner. Not represented—the Respondent. Criminal Petition for Leave to Appeal No. 405 of 2009. (From the judgment and order dated 12-8-2009 passed by the High Court Division in Criminal Appeal No. 4850 of 2005) ......ned under Section 342 of the Code of Criminal Procedure, when he again pleaded not guilty. The defence case was a plea of innocence. The learned Judge of the Special Tribunal, on consideration of the evidence adduced by the prosecution and other facts and circumstances found the petitioner guilty ..Category: Criminal Law | Date: | Hits: 64
....of 2010 arising out of Artha Rin Case No.153 of 2009 was stayed initially for 3(three) months and subsequently extended for further period of 3(three) months by order dated 06.04.2011.
3. Material facts necessary for disposal of the Rule, in short, are as under:
Respondent No.3, the Mercantile......n: 64 DLR (HCD) (2012) 116.
......প-ধারা (২) ও (৩)-এর বিধান অনুযায়ী সংযুক্ত হলফনামা (Affidavit) মৌখিক সাক্ষ্য (substantive evidence) হিসাব গন্য হইবে, এবং আদালত কোন মা..
Category: Civil Law | Date: | Hits: 147
State Vs. Ashraf Ali and others, 2009, 38 CLC (HCD)
....ment was allegedly made after 3 days of police remand and after remand when accused-Ashraf Ali was produced before the Magistrate, several marks of injury were found on his body and in such attending facts and circumstances of the case, the truth and voluntariness of the confessional statement, exhi......isdiction) Present: Mashuque Hosain Ahmed J M. Enayetur Rahim J The State ………………………………………………………………..Appellants Vs. Ashraf Ali and others ………………………………………………Respondent Ashraf Ali and others......e trial, the prosecution examined as many as twenty (20) witnesses out of twenty nine (29) charge sheeted witnesses to prove it’s case. Defence cross-examined them but did not adduce any witness or evidence. 6. From the trend of cross-examination the case of the defence in short, is that, they..Category: Criminal Law | Date: | Hits: 82
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