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Abu Hossain and others Vs. Registrar of Trade Union and others, 1992, 21 CLC (HCD)
....een drawn to the point of law as to the conflict with the fundamental right as guaranteed under Article 36 of the Constitution. In order to appreciate this point it would be convenient to go into the facts and into the various legal expressions as are found in the Labour laws which are quite good in......This Case is also Reported in: 45 DLR (HCD) (1993) 192. ......lict with the equality clause of the Constitution, we find no substance in this application. In the result the rule is discharged. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 192. ..Category: Labour and Industrial Law | Date: | Hits: 204
Philips Electrical Company Ltd. Vs. Commissioner of Taxes (South) Zone, Dhaka, 1992, 21 CLC (HCD)
....under section 66(1) of the Income Tax Act, 1922 is at the instance of the Assessee-Âapplicant. The applicant by this application refers the following questions for our answer: "(i) Whether in the facts and circumstances of the case the Tribunal was legally justified in holding that the DCT had j..................Respondent Judgment July 15, 1992. Cases Referred to- Imperial Tobacco Company of India Ltd. Vs. CIT, PLD 1958 (SC) 125; CIT Vs. Express Newspapers Ltd., 40 ITR 38; RKB Motors and Timber (P) Ltd. Vs. CIT, (1968) ITR 794; Inland Revenue Vs. Sanderson, 8 TC 38; CIT Vs. M/s. Pak...... answer the questions referred to us in the negative and against the Revenue. Parties are to bear their respective costs although. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 190. ..Category: Fiscal/Taxation Law | Date: | Hits: 109
State Vs. Dipu Mondal, 2010, 39 CLC (AD)
....im, whereas, the post-mortem report has been prepared by an expert on external as well as internal examination of the victim which would prevail over the inquest report. 7. On consideration of the facts and cirÂcumstances of the matter, the submisÂsions of the learned Deputy Attorney General me......ty Attorney General, instructed by B. Hossain, Advocate-on-Record-For the Petitioner. Not Represented-the Respondent. Criminal Petition for Leave to Appeal No.53 of 2009. (From the judgment and order dated 10.6.2008 passed by the High Court Division in Criminal Appeal No.3534 of 2001.) ......se of the respondent is totally as one of innocence. The prosecution in support of its case has examined 9 witÂnesses but the defence examined none. The learned Sessions Judge on assessÂment of the evidence on record found the accused-respondent guilty of the charges and sentenced him to imprisonm..Category: Procedural Law | Date: | Hits: 81
Firoz Ali and others Vs. State, 2010, 39 CLC (AD)
.... to the injuries but due to the comÂplications developed out of the injuries i.e. secondary complications that developed after sustaining the injuries was the cause of death. On consideration of the facts and circumstances of the matter, the submisÂsions of the learned Counsel merit considÂeratio...... (Criminal) Present: Mohammad Fazlul Karim CJ Md. Abdul Matin J Shah Abu Nayeem Mominur Rahman J ABM Khairul Haque J Md. Muzammel Hossain J Surendra Kumar Sinha J Firoz Ali and others……………………..........Petitioners Vs. The State ……………………......h November, 1995. 3. Prosecution in support of its case has examined 16 witnesses and tendered one witness but the defence examined none. The learned Additional Sessions Judge on assessment of the evidence on record found the petitioners and two others guilty under sections 302/149 of the Penal C..Category: Criminal Law | Date: | Hits: 71
Nantu Biswas and others Vs. State, 2009, 38 CLC (AD)
.... Additional Sessions Judge, Kushtia wherein respondent-petitioners were found guilty of the charge under section 302/34 of the Penal Code and were sentenced to suffer imprisonment for life. 2. The facts, in short, are that on 20.04.1988 at about 8:45 A.M. the informÂant along with 3 other person......vision (Criminal) Present: MM Ruhul Amin CJ Mohammad Fazlul Karim J Md. Joynul Abedin J Md. Abdul Matin J Shah Abu Nayeem Mominur Rahman J ABM Khairul Haque J Nantu Biswas and others.................................Petitioners Vs. The State ……………………â......er of conviction and sentence and acquitted the respondents. 3. The learned Deputy Attorney General appearing on behalf of the State submitted that the High Court Division without disÂcussing the evidence on record as required under law in a very slip shod manner set aside the order of convictio..Category: Criminal Law | Date: | Hits: 48
Amanullah Zahangir Vs. State, 2009, 38 CLC (AD)
....o Kotwali Police Station Case (C.M.P. Chittagong) No. 20(7)06 dated 13.07.2006 under Sections 406/420/109 of the Penal Code, now pending in the Court of Metropolitan Magistrate, Chittagong. 2. The facts leading to the filing of this petition for leave to appeal, in brief, are that on the allegati......din J ABM Khairul Haque J Amanullah Zahangir………………………………………………………..Petitioner Vs. The State, repreÂsented by the Deputy Commissioner, Chittagong and another…………………………......................Respondents Judgment August 12,......r such circumstance, we do not find any merit in the submissions made on behalf of the petitioner, as such, this petiÂtion is dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 253. ..Category: Criminal Law | Date: | Hits: 50
Shahidul @ Buidda and others Vs. Mrs. Anwara Begum and others, 2010, 39 CLC (AD)
....ve to appeal is directed against the judgment and order dated 19th March, 2009 of a Division Bench of the High Court Division in Criminal Revision No.269 of 2004 making the rule absolute. 2. Short facts leading to the filing of the leave petition is that the informant-responÂdent Most Anwara Beg......ported in: VIII ADC (2011) 250. ......ived at a correct decision. There, is therefore, no cogent reason to interfere with the same. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 250. ..Category: Criminal Law | Date: | Hits: 81
State Vs. Md. Anisur Rahman Sheikh, 2010, 39 CLC (AD)
....chua, District-Bagerhat in conÂnection with the case and to admit him on bail to his satisfaction if he makes any prayer in that regard. Ed. This Case is also Reported in: VIII ADC (2011) 246. ......ttorney General, instructed by B. Hossain, Advocate-on-Record-For the Petitioner. Not Represented-For the Respondent. Criminal Petition for Leave to Appeal No. 51 of 2009. (From the judgment and order dated 16.9.2007 passed by the High Court Division in Death Reference No.54 of 2004 with Cr......rend of suggestion given to the prosecution witnesses is that he has been falsely implicated in the case with a view to victimize him. 6. The learned Additional Sessions Judge on assessment of the evidence on record by judgment and order dated 11th April, 2004 found the respondent guilty of the c..Category: Criminal Law | Date: | Hits: 71
Bangladesh Anjuman‑eÂ-Ahmadiyya Vs. Secretary, Ministry of Home Affairs, 1986, 15 CLC (HCD)
....s against Islam and that it is intended to outrage the religious feeling of the Muslims have not been stated in the order and that the provisions of section 99A requires the Government to mention the facts in support of its opinion or satisfaction, and thus it having not been complied with the order......‑Nabuat" written by Moulvi Muhammad Ameer, Bangladesh Anjuman‑eÂ-Ahmadiyya, Dhaka, under section 99A of the Code of Criminal Procedure. The petitioner has alleged that the book was first written and published in 1948 and since then several editions have been published and circulated in this cou...... forfeiting the book. For the reasons stated above this Rule fails and it is accordingly discharged without any order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 185. ..Category: Constitutional Law | Date: | Hits: 204
Abdul Jalil Vs. Bangladesh Steel & EngineerÂing Corporation, 1989, 18 CLC (HCD)
....ed against the plaintiff, the evidence of the witnesses, the reply of the plaintiff and after detailed deliberation and careful consideration of the charge dated 2.5.83, explanation dated 8.5.83, the facts disclosed during the enquiry and the enquiry report found that the charge against the plaintif......l Jalil............................................Petitioner Vs. Bangladesh Steel & EngineerÂing Corporation having its office at "Steel House" Kawran Bazar, Police Station Tejgaon, Dhaka and others....................Opposite parties. Judgment July 10, 1989. Cases Referred to- ...... Enquiry Committee have been asked to investigate into the charges against the plaintiff and to submit report thereon and that therefore, the plaintiff should appear before the Enquiry Committee with evidence and witnesses on his behalf on 23.5.83 at 10‑00 AM in the Board Room of the BSEC, Steel H..Category: Employment/Service Law | Date: | Hits: 108
Hossainia Ashraful Ulum Madrassah Vs. Munsur Ahmed (Md.) and others, 1990, 19 CLC (HCD)
....allowed the application. Hence the plaintiff approached this Court and obtained the present Rule challenging the order of dismissal for default. 2. Mr. Abdus Salam Khan submits that in view of the facts and circumstances of this case the learned SCC Judge passed the order of dismissal of the suit......me Court High Court Division (Civil Revisional Jurisdiction) Present: AM Mahmudur Rahman J Hossainia Ashraful Ulum Madrassah.....................Petitioner Vs. Munsur Ahmed (Md.) and others..........................Opposite Parties. Judgment April 19, 1990. Lawyers Invo......t within a month before the suit is set forth for hearing. In the result, the Rule is made absolute. There will be no order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 473. ..Category: Procedural Law | Date: | Hits: 104
....order dated 15.8.85 by the respondent No. 1 in Complaint Case No. 116 of 1983 (Annexure‑D) should not be declared to have been made without any lawful authority and is of no legal effect.
2. The facts leading to this Rule, in short, are that the petitioner Chittagong Textile Mills Ltd. hereinaf......ecial Original Jurisdiction)
Present:
Nurul Hoque Bhuiyan J
Mainur Reza Chowdhury J
Chittagong Textile Mills Ltd................Petitioner
Vs.
The Chairman, Labour Court, Chittagong and another........Respondents.
Judgment
June 19, 1990.
Lawyers Involved:
Md. Khalilur ......e bracket were broken into pieces. On the above reports the respondent No. 2 was charged for his serious neglect of duty.
5. The complaint case was heard by the respondent No. 1 in course of which evidence was recorded and papers filed by the parties were taken on record and were marked as exhibi..
Category: Labour and Industrial Law | Date: | Hits: 133
Rupali Bank Vs. Haji Ahmed Sabur & another, 1990, 19 CLC (HCD)
....from the date of filing the suit on 2.2.84 till realization with cost and the cross‑objection of the plaintiff‑respondent is dismissed. Ed. This Case is also Reported in: 43 DLR (1991) 464. ......Respondents. Appeal from Original Decree No. 19 of 1986. Judgment Kazi Ebadul Hoque J. - This appeal is at the instance of the defendant No. 1, Rupali Bank against the judgment dated 19.3.86 and decree dated 25‑3.86 passed by the Subordinate Judge, 2nd Court Chittagong in Money Suit No. 6......punged from the record. Even assuming that the plaintiff is a guarantor for Abul Hussain there is no mention of the amount in the said Ext. 'A' and the place for the same is bank and also there is no evidence that any amount was either demanded from the importer who is the principal debtor or from t..Category: Civil Law | Date: | Hits: 83
Anwar Hossain Monju Vs. State, 1991, 20 CLC (HCD)
.... shall advert at the relevant portion of the judgment after examination of the submission of the parties concerned. 7. Mr. Khondker Mahbub Hossain, the learned Advocate having taken us through the facts of the case as narrated in this application under section 561A of the Code of Criminal Procedu......950 Hydarabad at page 20; Wicks Vs. DPP at page 265; Keshavan Madhava Menon Vs. the State of Boinbay, AIR 1951 (SC) 128; Shawkat‑un‑nessa Vs. The State, AIR (37) 1950 Hydarabad (FB) 20; Prakash Chandra Mehta Vs. Commissioner and Secretary Government of Kerala and others, 1985 Supreme Court Cases......surrender which explanation however in the instant case Mr. Anwar Hossain Monju had narrated before the authority to whom he was directed to surrender which however, is a matter of fact and matter of evidence to be decided by the relevant Court in that proceeding. 19. Further, under sections 87, ..Category: Criminal Law | Date: | Hits: 98
Tariq Habibullah Vs. State, 1990, 19 CLC (HCD)
.... death to be unnatural one and accordingly the police started the UD case. The said written information has not been produced before the Court enabling the Court to see the contents and ascertain the facts necessary to hold that the death is unnatural, and that too, is homicidal. Once the death coul............................................Respondent. Judgment October 30, 1990. Case Referred to- State Vs. Mokbul Hossain, 37 DLR 156. Lawyers Involved: Aminul Huq with Nizamul Hoque and Md. Nurul Islam Sujan, Advocates ‑ For the Appellant. AQ Rashid ‑For the State. Crimin......have been connected with the same in any way. To find out as to how far the prosecution has been able to prove the charge of murder against the accused‑appellant, we are to discuss and consider the evidence on record and other materials produced before the Court during trial. 6. In the trial PW..Category: Criminal Law | Date: | Hits: 116
Progati Industries Ltd. Vs. Shahida Khatun and others, 1991, 20 CLC (HCD)
.... Equipments Ltd. hereinafter referred to as the purchaser company fell through and the plaintiff remained absolute owner of the suit property; that the plaintiff has intentionally suppressed material facts; that suit property was mortgaged to the PICIC who filed Title suit No. 315/1968 against the p......Court Division (Civil Appellate Jurisdiction) Present: Anwarul Haque Chowdhury J Kazi Ebadul Hoque J Progati Industries Ltd...........................Appellant Vs. Shahida Khatun and others……...............Respondents. Judgment January 16, 1991. Cases Referred to- ......mined 3 witnesses including plaintiff No. 1 (c) and proved documents marked Exts. 1 to 4 and the defendants and produced documents marked Ext. A to Z(7). 6. The trial Court on consideration of the evidence on record decreed the suit holding that (1) that the suit is maintainable (2) that Title Su..Category: Property Law | Date: | Hits: 69
....o be competent on the reason as quoted above. The said case has no similarity with the instant case and the principle enunciated in the said case has no application to the present case.
16. In the facts and circumstances as discussed above, we are of the view that the petitioner, Bangladesh Sangb......Parishad...........................Petitioner
Vs.
The Government of the People's Republic of Bangladesh, represenÂted by the Secretary, Ministry of Information, Bangladesh SecretaÂriat, Dhaka and others...........................Respondents.
Judgment
May 30, 1991.
Cases Referred to-......
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.
..
Category: Constitutional Law | Date: | Hits: 246
Jamir Sheikh(Md.) Vs. Fakir Md. A Wahab & another, 1990, 19 CLC (HCD)
.... of CR Case No. 204 of 1989 under sections 295A/298/109 of the Penal Code pending in the Court of Upazila Magistrate, Goalanda, Rajbari should not be quashed in respect of the petitioner. 2. Short facts relevant for the disposal of the Rule are: The opposite party No. 1 as complainant filed a pet......, Rajbari as well as the opposite party No. 1 to show cause why the proceeding of CR Case No. 204 of 1989 under sections 295A/298/109 of the Penal Code pending in the Court of Upazila Magistrate, Goalanda, Rajbari should not be quashed in respect of the petitioner. 2. Short facts relevant for the......, 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...Category: Criminal Law | Date: | Hits: 70
Munshi Mozammel Hossain Vs. Post Master, Faridpur Head Post Office, 1990, 19 CLC (HCD)
....espondents should not be directed to implement the order given by the Administrative Appellate Tribunal on 23.4.87 in Appeal Case No. 44 of 1986 and allow the petitioner to join his duties. 2. The facts leading to this Rule, in short, are that the Petitioner when working as Postal Operator at Hea...... Nurul Huque Bhuiyan J Mainur Reza Chowdhury J Munshi Mozammel Hossain...................... Petitioner Vs. The Post Master, (Ist Class), Faridpur Head Post Office, District‑Faridpur and 4 others........Respondents. Judgment July 11, 1990. Case Referred to- Saifur Rahma......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. ..Category: Administrative Law | Date: | Hits: 182
Motiul Hoque Vs. Dhaka Improvement Trust (RAJUK) & another, 1990, 19 CLC (HCD)
....ayer for a decree that the plaintiff has right, title and interest in the suit property measuring 10 kathas 1 chhatak of land situated in the Gulshan Model Town being plot No. 22 of Block CWs(B). The facts of the case, in short, are as follows: The plaintiff being a national of Bangladesh propos......€¦â€¦â€¦â€¦â€¦â€¦â€¦.Appellant Vs. Dhaka Improvement Trust (RAJUK) & another.........Respondents. Judgment March 14, 1990. Cases Referred to- Messers Chaina Fibre Company, Ltd. and 4 others Vs. Abdul Jabbar and 9 others, 20 DLR (SC) 335; Alauddin Vs. Md. Idris Mia, 22 DLR 664;......ve produced a number of document, which were marked as Exts. 1‑10(B) from the plaintiff’s side and Exhibits A‑C from the defendant's side. 10. The learned trial Court on consideration of the evidence, both oral and documentary, by his judgment and decree dismissed the suit with cost. Being ..Category: Property Law | Date: | Hits: 87
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