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Sher Mohammad and others Vs. Saroda Bala Sen and others, 1993, 22 CLC (HCD)
.... Accordingly the Rule is discharged. The stay granted earlier is hereby vacated. Communicate this order to the lower Court at once. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 527.......ying to add the petitioners as parties the trial Court has excluded necessary and proper parties from appearing in the suit. In their absence there will be no effective and proper adjudication of all questions involved in the suit. Moreso, when the defendant tenant has denied the title of the plaint......to adjudicate upon and settle all the questions involved in the suit, be added." 11. This confers a discretion upon the Court and which discretion should be exercised taking into consideration the facts and circumstances of a particular litigation, subject to the general principle that the partie..Category: Property Law | Date: | Hits: 50
Rajab alias Rajab Ali and others Vs. State, 2011, 40 CLC (HCD)
....rom his bail bond. Let the lower Court's record along with a copy of this judgment be sent down to the concerned Tribunal at once. Ed. This Case is also Reported in: 19 BLT (HCD) (2011) 492. ......In support of his submission, the learned Assistant Attorney General relied upon a decision in the case of Sher Ali (Md.) and others Vs. The State, 46 DLR (AD) (1994) 67. 12. Before we take up the question for consideration as to whether the impugned judgment and order of conviction and sentenc......A of the Code of Criminal Procedure for the purpose of quashing a proceeding one of the following conditions must be fulfilled: (1) Interference even at an initial stage may be justified where the facts are so preposterous that even on admitted facts no case stands against the accused. (2) Whe..Category: Criminal Law | Date: | Hits: 86
Kulsum Banu Bibi and another Vs. Abdul Jobbar Bhuiyan and others, 2009, 38 CLC (AD)
....on. In the premises we do not find any merit in the leave petition. Accordingly, the petition for leave to appeal is dismissed. Ed. This Case is also Reported in: 19 BLT (AD) (2011) 180. ......on. In the premises we do not find any merit in the leave petition. Accordingly, the petition for leave to appeal is dismissed. Ed. This Case is also Reported in: 19 BLT (AD) (2011) 180. ......udgment of the trial Court in a casual manner.' The impugned judgment of the trial Court it transpires that in arriving in its finding the said Court carefully considered the material evidence and facts and circumstances of the case and also the legal aspect with regard to the maintainability in ..Category: Property Law | Date: | Hits: 94
....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.......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.......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 ..
Category: Employment/Service Law | Date: | Hits: 62
.... 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.......g huge consideration. He transferred the said land to Dr. Ashim Kumar Ghosh on getting consideration money and he paid the price of the land under dispute. The plaintiff used to live in Dhaka and the question of payment of Tk. 45,000/- and Tk. 30,000/- from Dhaka to Monsur Rahman does not arise at a......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..
Category: Property Law | Date: | Hits: 70
State vs. Md. Monwar Hossain Dipzol, 2009, 38 CLC (AD)
....ned Additional Attorney General on behalf of the petitioner. Accordingly, this leave petition is dismissed. Ed. This Case is also Reported in: 19 BLT (AD) (2011) 171, 16 MLR (AD) (2011) 396. ......The learned 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 ......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..Category: Criminal Law | Date: | Hits: 67
Bangladesh Vs. Goutam Kumar Saha and others, 2009, 38 CLC (AD)
....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.......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.......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..Category: Employment/Service Law | Date: | Hits: 47
Md. Azizul Haque Vs. Adamjee Jute Mills Ltd., 2010, 39 CLC (HCD)
....he plaintiff opposite party's suit is dismissed. Let a copy of the judgment along with lower Court's record be sent down at once. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 236. ......rose firstly on 13.9.82 but the suit was filed on 6.7.1986 and in that view of the matter the suit was clearly barred by law of limitation but the Courts below having failed to appreciate this simple question of law and thereby most illegally decreed the suit in favour of the plaintiff and as such t......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 ..Category: Civil Law | Date: | Hits: 97
Moqbul Ahmed & others Vs. Shoeb Chowdhury & Others, 1990, 19 CLC (HCD)
....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.......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.......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..Category: Civil Law | Date: | Hits: 93
....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.
...... land leased out to M/s. Drums Metal ltd. Respondents state that the petitioner has no enforceable contractual right arising out of the tender for sale of the unit so far as it relates to the land in question. Respondents further state that the petitioner had full knowledge on 17.8.1976 that the lan...... 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..
Category: Property Law | Date: | Hits: 92
Taslimuddin alias Tasir and others Vs. State, 1991, 20 CLC (HCD)
....lias Tasir, Nawshad Ali, Mafazzal Hossain and Abdus Salam be set at liberty forthwith, if not wanted in connection with any other case. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 136....... failure as result of drowning which was ante‑mortem and accidental in nature." 10. The death of Masharuddin was thus proved. It was also proved that the death was not normal or natural. Now the question is whether the death of Masheruddin took place in the way and manner and at the time and pl......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..Category: Criminal Law | Date: | Hits: 76
A Elahee & Co. Vs. MM Aziz and others, 1991, 20 CLC (HCD)
.... the Code of Civil Procedure as is in India and corresponds to rules 6, Order 32 of the Supreme Court Rule (English) now rule 3 of Order 27. They appear to be legislations in pari materia and are all identically worded. 14. In that case of the Chancery Division under report, Rule 6 of Order 32 of......t have been made, either on the pleadings, or otherwise, apply to the Court for such judgment or order as upon such admission he may be entitled to, without waiting for the determination of any other question between the parties; and the Court may upon such application make such order, or give such ......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..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. ......dants have not taken delivery of the cargoes from the container and therefore, the plaint case is clearly indicative of that the cause of action arisen in respect of the containers which is neither a question relating to the carriage of goods by sea nor any use of the vessel and therefore, not amena......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. ..Category: Admiralty Law or Maritime Law | Date: | Hits: 202
Bangladesh and others Vs. Abdul Aziz, 2011, 40 CLC (HCD)
....revisional power. In the result the revision fails and the Rule is discharged without any order as to cost. Send down the LCR at once. Ed. This Case is also Reported in: 16 BLC (2011) 897.......vil Revision No. 4020 of 2009. Judgment Siddiqur Rahman Miah J.- This Rule under section 11 of the Code of Code of Civil Procedure at the instance of defendants respondents-petitioners calls in question the judgment and decree dated 4-5-2008 passed by the learned District Judge, Brahmanbaria i......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..Category: Procedural Law | Date: | Hits: 72
Ruhul Amin & others Vs. State, 2011, 40 CLC (HCD)
.... 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....... 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.......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..Category: Criminal Law | Date: | Hits: 71
Kazi Rokanuddin Ahmed and others Vs. Chairman, 1st Labour Court and others, 2011, 40 CLC (HCD)
....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. ...... Thus, the Rule is liable to be discharged. 10. We have heard the learned Advocates of both the sides, perused the writ petition, the impugned order and the annexures thereof. 11. The pertinent question in this case is whether a criminal case under section 307 of the Labour Law, 2006, can be i......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 ..Category: Labour and Industrial Law | Date: | Hits: 156
Iqbal Hossain and six others Vs. Chairman, Labour Appellate Tribunal and Others, 2011, 40 CLC (HCD)
.... respondent No.2) are declared to have been passed without lawful authority and is of no legal effect. Send down the LC records at once. Ed. This Case is also Reported in: 16 BLC (2011) 889. ....... Nurul Huda, Advocates-For the Petitioners. No one appears-For Respondents. Writ Petition Nos. 7476, 7622, 7623, 7624, 7625, 7626 and 7627 of 2010. Judgment Abdul Awal J.- Since a common question of law is involved in this matter, all the seven Writ Petitions bearing Nos.7476/2010, 7622......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..Category: Labour and Industrial Law | Date: | Hits: 161
Arefa Bewa and others Vs. Alekjan Bewa & others, 2009, 38 CLC (HCD)
....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. ......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. ...... 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..Category: Property Law | Date: | Hits: 72
Afrin Akter Vs. Bangladesh and other, 2011, 40 CLC (HCD)
.... 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. ......ed in the column of Ward No.2, Mativanga Union of Nazirpur Upazilla under Pirojpur District (Annexure-E). Thereafter, the petitioner appeared before the Viva Board and satisfactory replied all the questions asked by the Board to the petitioner and she became confident about the success in the Viv......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..Category: Employment/Service Law | Date: | Hits: 91
Sunil Chandra Chowdhury Vs. Elders Limited and another, 2011, 40 CLC (AD)
....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. ......the authority and dignity of the Court, rather he had all sincerity and bona fide in disposing of those rectification cases in accordance with law and that before proceeding with those cases he, by questioning the learned Advocates of the parties was confirmed that the stay order was not extended ...... 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..Category: Intellectual Property Law | Date: | Hits: 270
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