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....Khulna is directed against the judgment and decree dated 25.5.2004 (decree signed on 01.6.2004) passed by the learned Judge, Artha Rin Adalat, Khulna in Artha Rin Suit No.103 of 2001.
2. The brief facts of the case are that the appellant as plaintiff- Bank instituted Artha Rin Suit No.103 of 2001......e Jurisdiction)
Present:
Sheikh Abdul Awal
M. Moazzam Husain
Bangladesh Krishi Bank……........................................................Appellant
Vs.
M/s. Dadajee Ice Plant and Cold storage Ltd. and others……….........Respondents
Judgment
May 10, 2010.
Lawyer......is barred by law of res judicata.
4. At the trial plaintiff examined 1 witness namely PW-1 and the defendant-company also examined 1 witness namely DW-1 and both the parties also filed documentary evidences to prove their respective cases.
5. The Artha Rin Adalat, Khulna upon hearing the parti..
Category: Civil Law | Date: | Hits: 217
....oint District Judge, 1st Court, Khulna in Title Suit No.49 of 2002 should not be set aside and/or such other or further order or orders passed as to this court may seem fit and proper.
2. Relevant facts for the disposal of this rule, in brief, are that, Khulna Naitto Nikatan represented by its Ex......3 DLR (2011) 666.
......eral having placed the application for revision and drawn our attention to the materials on record, firstly submits that in this particular case the court of appeal has not independently assessed the evidence on record for itself as the last court of facts and without reading the evidence properly i..
Category: Property Law | Date: | Hits: 89
Md. Abdul Halim Vs. Dr. Mohammad Tareque and others, 2011, 40 CLC (HCD)
....ing is whether contemnor-respondents in utter disregard and disobedience of the direction given by this Division in writ petition No.2526 of 2010 willfully and deliberately flouted the same under the facts and circumstances and thereby committed contempt of this Court. 13. Before going into the ...... Jurisdiction) Present: Md. Ashfaqul Islam J M. Moazzam Husain J Md. Abdul Halim ………………………………………………………Petitioner Vs. Dr. Mohammad Tareque and others……………………….Respondents Judgment August 3, 2011. Result: The R......er as to cost. The contemnor-respondent Nos.1 to 4 are exonerated from the charge brought against them. Communicate at once. M. Moazzam Husain J. - I agree. This Case is also Reported in: ..Category: Employment/Service Law | Date: | Hits: 115
Law Dev (Bangladesh) Vs. Bangladesh and another, 2011, 40 CLC (HCD)
....t the source from which the remuneration is paid is not from public revenue is a neutral factor not decisive of the question. Whether stress will be laid on one factor or the other will depend on the facts of each case. However, where the several elements, the power to control and give directions ......t Division (Special Original Jurisdiction) Present: Moyeenul Islam Chowdhury J Naima Haider J Law Dev (Bangladesh)......................................Petitioner Vs. Bangladesh and another... ................................Respondents Judgment February 24, 2011. Case......ppointment to the post of the Chairman or a Member of the BERC earlier, though no Rules have been framed in that regard as yet. The past practice of public process of advertisement and selection is evidenced by Annexure 'A' and 'B' series to the Writ Petition. What is most striking is that a Membe..Category: Employment/Service Law | Date: | Hits: 92
....made without any lawful authority and to be of no legal effect.
The Rule is accordingly made absolute without any order as to costs.
Ed.
This Case is also Reported in: 45 DLR (HCD) (1993) 357.......
Present:
Fazle Hussain Mohammad Habibur Rahman J
Mainur Reza Chowdhury J
New Eastern Trading Corporation Limited……………….Petitioner
Vs.
Chairman, Third Labour Court, Dhaka and another………………..Respondents
Judgment
July 1, 1991.
Cases Referred To-
Jam......s grievance petition to his employer in writing by registered post within 15 days of the occurrence of the cause of such grievance. The alleged worker Abul Hossain respondent No.2 had admitted in his evidence dated 15.2.90 that he was verbally removed from the service on 18.3.87 and that he submitte..
Category: Labour and Industrial Law | Date: | Hits: 124
Abdul Hakim and others Vs. State, 1991, 20 CLC (HCD)
....of the Order which he is alleged to have contravened is not a sufficient compliance. In order to comply with the provisions of sanction it must be proved that the sanction was given in respect of the facts constituting the offence charged. It is plainly desirable that the fact should be referred to ...... Court High Court Division (Criminal Appellate Jurisdiction) Present: Mahmudul Amin Chowdhury J Abdul Hakim………………Appellant Vs. State……………...Respondent and Alfazuddin………………..Appellant Vs. State………………..Respondent Judg......ila Education Office and was placed under suspension at the instance of this appellant Abdul Hakim and as such he was instrumental in bringing this false case. The trial Court on consideration of the evidence on record found the appellants guilty of the charges levelled against them and he convicted..Category: Criminal Law | Date: | Hits: 84
Abdul Gani Khan Vs. Shamser Ali and others, 1991, 20 CLC (HCD)
.... such the suit is hit by section 42 of Specific Relief Act. 5. Both parties led evidence in respect of their respective contentions. The learned Munsif on, consideration of the evidence on record, facts and circumstances held the suit is not maintainable inasmuch as plaintiff is not in possession......HCD) (1993) 349. ......sive and fraudulent and not binding on the defendants and that plaintiff is not in possession of the suit land and as such the suit is hit by section 42 of Specific Relief Act. 5. Both parties led evidence in respect of their respective contentions. The learned Munsif on, consideration of the evi..Category: Procedural Law | Date: | Hits: 105
AR Bhuiyan and Company Vs. Commissioner of Taxes, Dhaka (South) Zone, Dhaka, 1992, 21 CLC (HCD)
....nt AM Mahmudur Rahman J.- This application under section 66(1) of the Income Tax Act, 1922 is at the instance of the assessee raises the following question for our decision: (i) Whether on the facts and in the circumstances of the case, the learned Income Tax Appellate Tribunal is correct in ......is also Reported in: 45 DLR (HCD) (1993) 347. ......xes under Income‑Tax Act. For the aforesaid discussion, we answer the question No.1 in the affirmative and against the assessee. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 347. ..Category: Fiscal/Taxation Law | Date: | Hits: 90
Shaikh Sharnsuddin Ahmed Vs. Nazmul Huda and others, 1993, 22 CLC (HCD)
.... all. It must be pointed out that it cannot be conceived that the lower Court has any option not to comply with the direction of the appellate Court which must always be taken to be mandatory. In the facts and circumstances the defendants by virtue of the appellate decision obtained a right to get d......1993) 369. ......1.85 in accordance with law, in the light of the observations made above and in compliance with the direction of the appellate Court. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 369. ..Category: Procedural Law | Date: | Hits: 77
Abdul Khaleque (Md) Vs. Deputy Commissioner, Dhaka, 1992, 21 CLC (HCD)
....er passed by the respondent No.1 and contained in Memo No.Shiksha/III/90/551 dated 28.8.90 as at Annexure ‘I’ is declared to be without lawful authority and of no legal effect. Considering the facts and circumstances of the case no order is made as to costs. Ed. This Case is also Reporte......n) Present: Naimuddin Ahmed J Mohammad Ghulam Rabbani J Abdul Khaleque (Md)………………….Petitioner Vs. Deputy Commissioner, Dhaka, Collectorate Building, PS Kotwali, Dhaka and others………………….Opposite Parties Judgment November 1, 1992. Lawyers Involve......e without lawful authority and of no legal effect. Considering the facts and circumstances of the case no order is made as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 369...Category: Employment/Service Law | Date: | Hits: 59
Anil Krishna Mondal Vs. Chairman, Labour Court and others, 1991, 20 CLC (HCD)
.... amenable to writ jurisdiction but an order of termination with stigma is a punishment and can be interfered with. But where the Labour Court finds that the order of dismissal cannot be maintained on facts and there is no procedural defect in holding enquiry by the domestic tribunal, it can convert ......urt Division (Special Original Jurisdiction) Present: AM Mahmudur Rahman J Mahmudul Amin Choudhury J Anil Krishna Mondal ……………..Petitioner Vs. Chairman, Labour Court and others……………….Respondents Judgment August 7, 1991. Lawyers Involved: Md. ......he Labour Court is without lawful authority and is of no legal effect. In the result, the Rule is discharged. No order as to cost. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 367. ..Category: Labour and Industrial Law | Date: | Hits: 115
Aslam Hossain Chaklader Vs. Ali Nur and others, 1991, 20 CLC (HCD)
....ur Rahman, Subordinate Judge, Narayanganj in Title Suit No.36 of 1991 allowing the application for temporary injunction under Order 39 rule 1 and section 151 of the Code of Civil Procedure. 2. The facts of the case, in short, are that the appellant Aslam Hossain Chaklader was granted lease for co......Supreme Court High Court Division (Civil Appellate Jurisdiction) Present: Abdul Bari Sarker J Kazi Ebadul Hoque J Aslam Hossain Chaklader…………..Appellant Vs. Ali Nur and others…............Respondents Judgment August 26, 1991. Lawyers Involved: Syed Z......te Judge is hereby set aside and the petition for temporary injunction is rejected. The connected Rule is disposed of accordingly. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 366. ..Category: Civil Law | Date: | Hits: 74
Abdul Awal and others Vs. Abdul Hamid and others, 1991, 20 CLC (HCD)
....ce and as such it does not call for any interference. In the result, the second appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 363. ......as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 363. ......ed amicable partition of the land among themselves and as such further partition of the land in suit is not maintainable. 6. The learned Subordinate Judge, 4th Court, Dhaka on consideration of the evidence on record, both oral and documentary, passed the decree in preliminary form. Plaintiff resp..Category: Property Law | Date: | Hits: 69
Anwar Hossain and others Vs. Abul Hossain Molla and others, 1991, 20 CLC (HCD)
....t made an attempt to defend this action on the ground that plaintiffs being a the deed were debarred from challenging it, but the learned 1st appellate Court committed gross error in interpreting the facts in this regard. Plaintiff appellants are not party to the deed Ext. A and as such are entitl......s to cost. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 79. ......ring 1.28 acre from Azibar's sisters defendants Nos.8 and 9 for Tk. 2500.00 in February, 1967, and contesting defendants are in possession thereof on the basis of purchase. 5. Both the parties led evidence, documentary and oral, in support of their respective contentions and the learned trial Cou..Category: Property Law | Date: | Hits: 91
Dr. Joynal Abedin Vs. State, 1991, 20 CLC (HCD)
....rs the accused petitioners are in different Courts undergoing mental agony. To pass an order to stand their trial again in the Village Court will be a double jeopardy for them. 11. Considering the facts and circumstances of the case and in view of the fact that the punishment has been reduced to ......esent: Abdul Hasib J Dr. Joynal Abedin .....................Petitioner Vs. The State ……………….…..Opposite Party Judgment May 22, 1991. Case Referred to- Rajah Ali and others Vs. State, 37 DLR 174. Lawyers Involved: Md. Ruhul Amin, Advocate ‑ For the Petit......t case only to harass the petitioners. 5. The complainant examined 5 witnesses including himself and the Medical Officer. The accused petitioners examined none. After taking into consideration the evidence and other materials on record the trial Court found the accused petitioners guilty under se..Category: Criminal Law | Date: | Hits: 79
Bangladesh Vs. Md. Aslam and others, 1989, 18 CLC (HCD)
....229 of 1976 reversing those dated 21.8.76 and 28.8.1976 passed by the learned Subordinate Judge, 2nd Additional Court, Sylhet, in Title Suit No.3 of 1976 should not be set aside. 2. Short relevant facts leading to the filing of this revisional application is that, the opposite party No.1, as sole......DLR (HCD) (1992) 69....... of wholesale acquisition of tenancy, vested in the Government and the Government acquired the same free from all encumbrances. 4. The learned trial Court upon hearing the parties and perusing the evidence oral and documentary dismissed the suit on the findings that the plaintiffs had no right, t..Category: Property Law | Date: | Hits: 96
Haroon and another Vs. Mst. Sufia Khatun and another, 1990, 19 CLC (HCD)
....- This Rule which has been argued at a considerable length raises a short question relating to the execution of a decree for ejectment. In order to make the question intelligible a short statement of facts is necessary. 2. The opposite parties obtained a decree for eviction of their monthly tenan......ase is also Reported in: 44 DLR (HCD) (1992) 63....... contention is overruled. For all these reasons I find no substance in this case. The Rule is, accordingly, discharged with costs. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 63...Category: Civil Law | Date: | Hits: 89
....ting authority. In other cases he may be suspended by the local head of the office subject to approval within 14 days, of the appropriate authority.
The Supreme Court of Bangladesh in view of the facts of the case and the relevant rules in question did not interfere with the order of discharge o......Original Jurisdiction)
Present:
Fazle Hussain Mohammad Habibur Rahman J
KM Hasan J
Dr. Syed Mahbubur Rahman......................Petitioner
Vs.
Bangladesh University of Engineering and Technology, represented by its Vice Chancellor and another..................Respondents
J......ind no illegality whatsoever in impugned orders and on the grounds stated above, the Rule is discharged without any order as to cost.
Ed.
This Case is also Reported in: 45 DLR (HCD) (1993) 333.
..
Category: Employment/Service Law | Date: | Hits: 155
State Vs. Amin Huda, 2011, 40 CLC (AD)
....28th day of the August, 2008 passed by the High Court Division in Criminal Miscellaneous Case Nos. 4678 and 4679 of 2008). Judgment Md. Abdul Wahhab Miah J. - These two appeals having identical facts and common questions of law have been heard together and are being disposed of by this single ......vocate-on-Record-For the Appellant (In both Appeals). Anisul Haque, Senior Advocate instructed by Sufia Khatun, Advocate-on-Record—For the Respondent (In both Appeals). (From the judgment and order dated the 28th day of the August, 2008 passed by the High Court Division in Criminal Misce......fore the Druta Bichar Tribunal within 6(six) weeks from the date of receipt of this judgment. Ed. This Case is also Reported in: 63 DLR (AD) (2011) 152,8 LG (AD) (2011) 164, VIII ADC (2011) 890. ..Category: Criminal Law | Date: | Hits: 112
Government of Bangladesh and others Vs. Excellent Corporation, 2010, 39 CLC (AD)
.... without any order as to cost. The Judgment of the High Court Division is set aside. Ed. This Case is also Reported in: 63 DLR (AD) (2011) 148, 16 MLR (AD) (2011) 433, 8 LG (AD) (2011) 190. ...... Appellate Division (Civil) Present: Mohammad Fazlul Karim CJ Md. Abdul Matin J ABM Khairul Haque J Md. Muzammel Hossain J Surendra Kumar Sinha J Government of Bangladesh and others..........Appellants Vs. Excellent Corporation………………………….............. when the terms of contract, grant or other disposition of property, or any other matter required by law to be reduced to the form of a document, have been proved by the production of the document, evidence of any oral agreement or statement shall not be given for the purpose of contradicting, var..Category: Business or Commercial Law | Date: | Hits: 267
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