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....als and as such the decision does not call for any interference by this court.
In the result, the Rule stands discharged.
Ed.
This Case is also Reported in: 46 DLR (HCD) (1994) 143.
...... is urged on behalf of the Bank authority (Petitioner) that the 1st party applicant Sekendar Ali Howlader was appointed Godown Keeper with effect from 12.3.73 by the Bank authority petitioner and the appointment letter dated 12.3.73 was marked Ext.1 of the Labour Court. The learned Advocate urged th..
Category: Employment/Service Law | Date: 12 Jan, 1992 | Hits: 6
Coal Controller Vs. Ventura Industries Ltd, 1991, 20 CLC (HCD)
....ignment of the steam coal carried by MV Dimitrisen they claimed damage in terms of clause 16 of the penalty clause of the contract and against that the plaintiff seller applied for appointment for an independent Umpire to examine the coal again. Those coal again were examined and a report submitted,......(3) of the Arbitration Act though clearly defines that arbitration proceeding would be deemed to have commenced when one party of the arbitration served oil the other party thereto a notice requiring appointment of an arbitrator and when the arbitration provides that the reference shall be made to a..Category: Arbitration Law | Date: 5 Feb, 1991 | Hits: 5
Md. Ismail Siddique Vs. M/s. Crescent Apparels (Private) Ltd. and others, 1990, 19 CLC (HCD)
.... The application is thus allowed. Mr. Nayeem prays for stay of operation of this judgment for four weeks. The prayer is allowed. Ed. This Case is also Reported in: 43 DLR (1991) 99. ......ondent No.3, the Chairman of the respondent company appointed respondent No. 2 as Managing Director of the Company on 1‑3-89 although the respondent No. 3 Chairman had no authority to make any such appointment. The petitioner is one of the Promoter‑Directors of the Company. He subscribed 1000 sh..Category: Company Law | Date: 19 Dec, 1990 | Hits: 195
Bangladesh Vs. Md. Fazlul Huq, 1991, 20 CLC (AD)
....k is to avoid a clutter which cannot be used as a sorting device for ascertaining facts at the last court of the country. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 144. ...... a promotion post. There could not be any promotion to the post of IPO without appearing successfully in the competitive examination of the Department. Any order of reversion after an incumbent's appointment' to a higher post and continuing there for some duration will surely cause a disappo..Category: Employment/Service Law | Date: 27 Nov, 1990 | Hits: 112
Tayeb Ali Vs. Abdul Khaleque and others, 1990, 19 CLC (AD)
....t the plaintiff never claimed defendant No.10 to be in possession of the suit land in pursuance of the execution case. It was his case that defendant No.10 was in exclusive possession o the suit land independent of the decree of that suit, a claim not supported by evidence. 11. It is therefore......any time the present suit is not maintainable without a prayer for partition. Hence the appeal is dismissed without costs. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 87. ..Category: Property Law | Date: 27 Nov, 1990 | Hits: 47
The State Vs. Ashraf Ali alias Ashraf & another, 1990, 19 CLC (AD)
....n that he could not recognise anybody and he did not hear anything regarding recognition of any of the accused persons in the house of the Chairman. The witness is not related to anybody and he is an independent and dis‑interested witness. There is nothing to disbelieve the straight forward eviden......r life. They are directed to surrender to their bail bonds at once failing which the Deputy Commissioner will get them arrested. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 83. ..Category: Criminal Law | Date: 14 Nov, 1990 | Hits: 88
Narayan Chandra Sil Vs. Manhar Mandal, 1991, 20 CLC (AD)
....endant No.1 who was a party in the suit must be aware of the execution proceeding. The application for setting aside the sale having been filed by the judgment-debtor himself and he having proved his independent knowledge of auction sale, the observation of the learned single Judge of the High Court......tly, the judgment of the High Court Division is liable to be set aside. In the result, the appeal is allowed without costs. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 152. ..Category: Property Law | Date: 11 Nov, 1990 | Hits: 50
Golam Kader Vs. Abdul Khaleque Choukder and others, 1990, 19 CLC (AD)
....e not made any specific averments to the effect that they are directly interested in any manner in the suit land. They are not claiming through the defendants of the present suit. They have set up an independent title of their own. Their averments in the application for addition of party disentitle ......uit No.7 of 1969 with the present suit, if they so desire. Consequently, this appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 106. ..Category: Civil Law | Date: 13 Aug, 1990 | Hits: 94
State Vs. Abdus Sattar and others, 1990, 19 CLC (AD)
....rrived at by the High Court Division. It is now well‑settled that where such defect is discovered and the findings are not considered tenable then it should be open to this court to come to its own independent finding upon a re‑examination of the evidence untrammelled by the opinion of the court......nder section 201 is set aside. The respondents are directed to surrender forthwith and serve out the sentence imposed upon them. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 44. ..Category: Criminal Law | Date: 9 Aug, 1990 | Hits: 50
Dr. Md. Abdul Baten Vs. State, 1990, 19 CLC (HCD)
.... revisional application in which the impugned order has been passed by the Additional Sessions Judge, 3rd Court, Dhaka arose out of the order passed by the Additional Deputy Commissioner, Dhaka on an independent and separate application filed by the accused opposite party No.2 under section 522 of t...... by the learned Additional Sessions Judge in Revision Case No.381 of 1985 is hereby quashed. Send down the records expeditiously. Ed. This Case is also Reported in: 43 DLR (1991) 60. ..Category: Criminal Law | Date: 27 Jun, 1990 | Hits: 110
....reby set aside and those of the learned Munsif are restored although not on the same grounds.
There will be no order as to costs.
Ed.
This Case is also Reported in: 43 DLR (1991) 44.
......r, promoted from time to time and ultimately as the Superintendent till the Bangladesh Agricultural Research Council. On 11.12.76 the Bangladesh Agricultural Research Council invited applications for appointment of Accounts Officers and the petitioner approached the authorities of the Bangladesh Agr..
Category: Employment/Service Law | Date: 20 Jun, 1990 | Hits: 74
Shahabullah (Md) Vs. The State, 1990, 19 CLC (AD)
....ecause the latter cannot be termed as accomplices. With regard to corroboration of trap witnesses no hard and fast rule or guidance can be given. There may be cases where the Court will look for independent corroboration and Equally there may be cases where the Court may accept the evidence of ......o interfere in the matter. The appeal is dismissed. Let the appellant surrender to his bail bond and serve out his sentence. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 1. ..Category: Anti-Corruption Laws | Date: 13 Jun, 1990 | Hits: 119
Tamizul Haque and another Vs. Shamsul Haque and others, 1990, 19 CLC (AD)
....cations are quite maintainable. Mr. Rafique‑ul‑Huq has argued that fraud has been alleged in the applications and as such this allegation cannot be determined in a summary proceeding. I find that independent of the question as to interpolation of the Returns Ext.I series, and even if these Retur......ion'. Finding to this effect of the courts below is perfectly correct. All these appeals are therefore dismissed with costs. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 34. ..Category: Business or Commercial Law | Date: 31 May, 1990 | Hits: 296
Aftabuddin Fakir Vs. Sowdagar Rabi Das & others, 1990, 19 CLC (HCD)
....o give his own finding………............(10) The 1st Appellate Court shall have to refer to the evidence of witnesses examined and make analysis of evidence arriving at his own independent view in its judgment. ........ (11) The 1st Appellate Court is supposed to ......ion laid down in Order XLI rule 31 CPC. In the result, the Rule is made absolute as indicated above without any order as to cost. Ed. This Case is also Reported in: 43 DLR (1991) 42. ..Category: Civil Law | Date: 29 Mar, 1990 | Hits: 65
M/s. Rising Sun Traders Ltd. Vs. Chittagong Port Authority and another, 1990, 19 CLC (HCD)
.... the impugned Judgment of the learned Subordinate Judge is set aside and the award dated 14.12.1986 is made the Rule of the Court. Ed. This Case is also Reported in: 43 DLR (1991) 1. ......because before this there is no reference of the Engineer-in‑Charge for settlement of the dispute as required by the Arbitration clause. 31. Thereafter the contractor gives notice of appointment of first Arbitrator on 19.6.1986 which is within 28 days from 26.5.1986 so the reference..Category: Alternative Dispute Resolution | Date: 28 Mar, 1990 | Hits: 176
Abdur Rabban (Md) Vs. Aminul Hoque Sowdagar and another, 1990, 19 CLC (AD)
....te in the plaint as to when defendant No. 1 trespassed into the suit property, so that defendant No. 1 could set up his defence with regard to limitation and the trial Court, too, consistent with its independent obligation under section 3 of the Limitation Act, could decide whether the suit was barr...... For the reasons stated above we do not find any merit in the appeal. The appeal is dismissed but without any order as to costs. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 19. ..Category: Tenancy Law | Date: 15 Mar, 1990 | Hits: 123
Ataur Rahman & others Vs. State, 1990, 19 CLC (HCD)
....nds corroborative support to the evidence of P.W.5 Kalachand. 26. The learned Advocate for the defence submitted that a mosque stands near the vicinity of the place of occurrence but none of the independent witnesses who went to say prayer has been examined in this case. It is true that no pers......ected to surrender to his bail bond and to serve out the sentence. Appeal No.10 of 1985 is dismissed and order of acquittal is upheld. Ed. This Case is also Reported in: 43 DLR (1991) 87. ..Category: Criminal Law | Date: 14 Mar, 1990 | Hits: 65
Moynul Hasan and others Vs. Nazmul Haq @ Nazmul Hasan and others, 1989, 18 CLC (HCD)
.... impugned order of the learned Subordinate Judge. In the result, the Rule is discharged without, however, any order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 82. ......4 opposite party No. 1 Nazmul Hassan filed a separate suit being Title Suit No. 163 of 1984 for partition of ejmali properties impleading all the heirs of his father late Shamsul Haque and prayed for appointment of a Receiver. On 20.6.1984 the petitioner along with other defendants entered appearanc..Category: Limitation Law | Date: 28 Nov, 1989 | Hits: 219
Manindra Kumar Malakar Vs. Secretary, Ministry of Home Affairs & others, 1989, 18 CLC (HCD)
....d. No date of birth of the girl was given there, it is very difficult to rely on the alleged certificate............. (11) In this case the petitioner has totally failed to prove by adducing any independent and reliable evidence that his daughter (detenu) was minor at the relevant time exceptin......e copy of this order be communicated to the Deputy Commissioner, Gazipur and the Jailor, Gazipur District Jail at once for compliance. Ed. This Case is also Reported in: 43 DLR (1991) 71. ..Category: Women and Children | Date: 14 Aug, 1989 | Hits: 104
Hazrat Ali & Abdur Rahman Vs. State, 1989, 18 CLC (HCD)
....ule of prudence may require some sort of corroboration with giving facts. It is not necessary that each and every circumstance mentioned in the confession regarding the complicity of the accused must independently be corroborated as it is necessary in the case of using the confession of an accused a......emned prisoner Hazrat Ali with the modification of sentence of both the condemned prisoners from death to imprisonment for life. Ed. This Case is also Reported in: 42 DLR (HCD) (1990)177. ..Category: Evidence Law | Date: 26 Apr, 1989 | Hits: 152
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