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Tariq Habibullah Vs. State, 1990, 19 CLC (HCD)
....inst him. It is hereby directed that the accused appellant be set at liberty forthwith, if not wanted in connection with any other case. Ed. This Case is also Reported in: 43 DLR (1991) 440. ......hout examining the doctor who held post‑mortem examination in the absence of the doctor without observing the formalities prescribed under section 509A of the Code of Criminal Procedure and in that view of the matter the conviction and sentence cannot be sustained. 14. We have already found tha..Category: Criminal Law | Date: | Hits: 116
Progati Industries Ltd. Vs. Shahida Khatun and others, 1991, 20 CLC (HCD)
....e paid in time though covered by the bank guarantee. But after liberation the defendant No. 1 paid the last instalment with interest. But the Court below termed the said payment as unauthorised on an erroneous view that right of redemption under the deed could not be exercised by any person other th......was not extinguished and still subsists (6) that the Government did not take over the control and management of the suit property by notification and as such suit properties do not come within the purview of Acting President's Order No. 1/1972 and the suit property is not an abandoned property (7) t..Category: Property Law | Date: | Hits: 69
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Certificate as prayed for by the learned Advocate appearing for the petitioner, under Article 103(2)(a) of the Constitution, is refused.
Ed.
This Case is also Reported in: 43 DLR (1991) 424.
......es of the Government or other Corporations or private sectors in the country. In section 9 of the said Act, there is no provision for appointment of independent member or members or for revision or review of an award given by the Wage Board. On the other hand, right has been reserved for the Governm..
Category: Constitutional Law | Date: | Hits: 246
Jamir Sheikh(Md.) Vs. Fakir Md. A Wahab & another, 1990, 19 CLC (HCD)
...., shall continue in accordance with law. Let the records be sent down at once and a copy of this order be communicated to the trial Court. Ed. This Case is also Reported in: 43 DLR (1991) 417.......id Chowdhury, the learned Advocate appearing for the accused petitioner submits that the taking of cognizance of the offence under section 295A of the Penal Code is absolutely without jurisdiction in view of the provision of section 196 of the Code of Criminal Procedure and as such the initiation an..Category: Criminal Law | Date: | Hits: 70
Munshi Mozammel Hossain Vs. Post Master, Faridpur Head Post Office, 1990, 19 CLC (HCD)
....n the affected parties will themselves be the losers." In the above circumstances, the Rule is discharged without any order as to costs, Ed. This Case is also Reported in: 43 DLR (1991) 415. ......nd under section 10A of the Administrative Tribunal Act, 1980 and so he cannot avail of the remedy under Article 102 of the Constitution. The present writ petition therefore is not maintainable. This view finds support in the said case reported in 41 DLR 538 wherein it has been hold: “As of tod..Category: Administrative Law | Date: | Hits: 182
Motiul Hoque Vs. Dhaka Improvement Trust (RAJUK) & another, 1990, 19 CLC (HCD)
....Court. Except issue Nos. 2 and 3 all issues were found against the plaintiff by the trial Court. Mr. Farooqui submits that the finding of the learned trial Court with regard to the maintainability is erroneous inasmuch as the jurisdiction of the Civil Court cannot be said to have been ousted by agre......there is nothing to show that the suit is specifically barred by any law or enactment or there has been an ouster of Court's jurisdiction by any law expressed or implied and, therefore, we are of the view that the learned trial Court has erred in law in arriving at a finding that that the suit is no..Category: Property Law | Date: | Hits: 87
Mohammad Abdul Alim Vs. Government of Bangladesh and others, 2009, 38 CLC (AD)
.... the continuance of the property as abandoned is not maintainable. Accordingly, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: VIII ADC (2011) 233.......Ka' list of abandoned property is without lawful authority and as such, the rule nisi issued by the High Court Division should have been made absolute. The learned Counsel further submitted that in view of the admitted position that the property in question was mostly used for commercial purpose..Category: Property Law | Date: | Hits: 65
Government of Bangladesh and others. Vs. Md. Tarikh-ul-Islam and others, 2010, 39 CLC (AD)
....e respondents are also directed to file concise statement within 9(nine) weeks. The appeal is fixed for hearing on 24th January, 2011. Ed. This Case is also Reported in: VIII ADC (2011) 214. ......e report of the Deputy Commissioner, Natore, recommending for taking action who made an enquiry and having found that the writ petitioners resorted forgery in enlisting them in MPO scheme and in that view of the matter, the High Court Division acted illegally in declaring the impugned order illegal ..Category: Employment/Service Law | Date: | Hits: 58
Tea Hung Packaging (BD) Limited and others Vs. Bangladesh, 2010, 39 CLC (AD)
..... 3 is also directed to file the concise statement within 9(nine) weeks from date. The appeal is fixed for hearing on 25th January, 2011. Ed. This Case is also Reported in: VIII ADC (2011) 206.......of lea-Hung Packaging (BD) Limited, a foreign investment company in Bangladesh in which the petitioner No.2 was the chairman. The accused persons manufactured some false and forged documents with a view to prevent the respondent No.3 from functioning as the Managing Director of the company again..Category: Criminal Law | Date: | Hits: 70
M/s. Ok-Kyung Oh Vs. Tea Hung Packaging (BD) Limited and others, 2010, 39 CLC (AD)
....stion." Security Tk. 1,000/- is to be deposited within 1(one) month. Preparation of the paper book is dispensed with as prayed for. Ed. This Case is also Reported in: VIII ADC (2011) 193....... the Registrar of the Joint Stock Company to dispose of the complaint made by her and that the writ petition is not legally maintainable. The High Court Division upon hearing the parties was of the view that the Registrar may ask a Company to furnish information. explanation, books documents and p..Category: Company Law | Date: | Hits: 175
Bangladesh and others Vs. Md. Abdul Malek and others, 2009, 38 CLC (AD)
....delay and thereby dismissed the appeal which requires to interference by this Court. Accordingly, the appeal is allowed with cost of Tk. 200/-. Ed. This Case is also Reported in: ...... cause in making such delay. Standard of acceptance must, however, remain the same in case of both citizens and State. 6. Considering the above facts and circumstances of the case, we are of the view that the High Court Division without assigning any cogent reason refused to condone the delay a..Category: Procedural Law | Date: | Hits: 86
Government of Bangladesh and others. Vs. Bokul Mia and others, 2009, 38 CLC (AD)
....on. In the circumstances of the case, we do not find any legal infirmity in the impugned judgment of the High Court Division. The appeal is dismissed. Ed. This Case is also Reported in: ......to the awardee-petitioners within 60 (sixty) days from the date of deposit by the requiring body of the estimated amount of compensation under section 7(3). The High Court Division was further of the view that the learned Deputy Attorney General admitted that “As per provision of Section 10(1) of ..Category: Property Law | Date: | Hits: 80
Mahirun Nessa Vs. State, 1993, 22 CLC (HCD)
....red accordingly. The petition filed for bail be kept with the record to be heard at the time of hearing of the admission of appeal. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 184.......th the Criminal Proceeding and for that matter the order of conviction and sentence was passed against her in her absence. 6. Considering the old age of the appellant petitioner we are of the view that the petitioner was prevented by sufficient cause from appearing in Court for facing trial ..Category: Procedural Law | Date: | Hits: 112
M/s. Golden Biscuit Co. Vs. AL‑Haj Rafique Mia and another, 1993, 22 CLC (HCD)
....lowed and the petitioner be permitted to make a deposit of his rent in favour of the landlords. There shall be no order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 181.......es calling in question the propriety of the appellate decisions. 3. Mr. SR Paul, who appears in support of the Rules, submits that the Court of appeal below misdirected itself in law in taking the view that in order to make a deposit under section 19(1) of the Premises Rent Control Ordinance, 196..Category: Property Law | Date: | Hits: 78
Farid Karim Vs. State, 1992, 21 CLC (HCD)
....order of rejection of the Reference be also communicated to the Superintendent, Rajshahi Central Jail for information and compliance. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 171. ......ersons, if any made while he is in custody. Mr. Serajul Huq has candidly admitted that besides the above referred to case he has not been able to lay his hand on any other authority in support of the view quoted above. From a careful reading of the section it appears to us that it is the function of..Category: Criminal Law | Date: | Hits: 84
Ali Ahmed Malaker @ Kunai @ Malaker & others Vs. The State, 1990, 19 CLC (HCD)
....llants are found not guilty to the charge levelled against them and they be set at liberty forthwith if not wanted in any other connection. Ed. This Case is also Reported in: 43 DLR (1991) 401. ......aise some suspicion about their involvement in the crime. Further his father is settlement holder of the land of Paul Choudhury. So he is a man who belongs to the group of the informant party and in view of this fact he is a partisan witness. 24. PW 12 is Abdul Hai Bepari who wrote the FIR His b..Category: Criminal Law | Date: | Hits: 67
Giasuddin Ahmed and others vs. Bangladesh and others, 2010, 39 CLC (HCD)
.... be mentioned that contrary to the said notification, the agreement is actually dated 30.06.2008. 9. The petitioners also impugn Clauses 3,4,5,6,7 and 11 of the Deed of Agreement dated 30.6.2008 (erroneously described as dated 01.07.2008 in Annexure-“B”) signed between respondent Nos. 2 and ...... On 16.07.2008, the Ministry of Post and Telecommunication, in response to a letter dated 14.07.2008 of respondent No. 6, issued a memo to the Managing Director of respondent No. 6 purporting that in view of the provisions of Section 5A (1) and 5A (3), and there being terms and conditions of service..Category: Constitutional Law | Date: | Hits: 145
Swapan Kumar Majumder Vs. State, 2011, 40 CLC (HCD)
.... on bail is discharged from the bail bond. Office is directed to send down the records at once. ANM Bashir Ullah J.- I agree. Ed. This Case is also Reported in: 31 BLD (HCD) (2011) 486. ......ent for life and also be liable to fine. 18. Thus, it is clear that the offences under Section 326A of the Penal Code are quite specific and distinctive having specific ingredients, and keeping in view the above distinguishing features and ingredients of the offence under Section 326A of the Pena..Category: Criminal Law | Date: | Hits: 74
.... the impugned order without jurisdiction and the same is of no legal effects.
In the result, the Rule is made absolute.
No costs.
Ed.
This Case is also Reported in: 45 DLR (HCD) (1993) 167.......resaid definition, we find that the present respondents who are members of watch and ward or security staff have been excluded from the category of worker by clause (a) of that section. Therefore, in view of clause (a) we are of the opinion that the respondents who are members of watch and ward and ..
Category: Labour and Industrial Law | Date: | Hits: 112
Arshad Ali Vs. Momtaz Ali and another, 1991, 20 CLC (HCD)
.... to costs. The order of stay is vacated. Let the suit be proceeded with expeditiously. Communicate this order to the court concerned. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 164. ......us part of the house of the defendant No.1. This also raises a doubt as to the genuineness of the service of summons upon defendant No.1 by the process server. 10. Thus from the above, I am of the view that the learned Munsif very correctly found that there was no due service of summons of the su..Category: Procedural Law | Date: | Hits: 94
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