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State Vs. Sk. Arif Newaz and others, 2011, 40 CLC (HCD)
....ivisional Special Judge, Khulna in Special Tribunal Case No. 13 of 2003 is affirmed. Send down the lower Court records. Borhanuddin J. - I agree. Ed. This Case is also Reported in: Â ......jects were located, and admitted that it was not possible for him to say whether any earth-work was done really, because he had no idea about the previous measurement of the project areas. It is also questionable as to why the Bureau of Anti-Corruption initiated an enquiry without any specific alleg...... that the allegation brought against them was not proved. The case was filed after one year of completion of the projects and it was initiated malafide without any allegation of misappropriation. The facts and circumstances of the case clearly indicate that the University Administration was hostile ..Category: Criminal Law | Date: | Hits: 86
Dr. Kazi Mozammel Hoque Vs. State, 1992, 21 CLC (HCD)
....s concerned in the case. In the result, the rule is discharged. Let this order be communicated to the trial Court for information. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 197. ......r having not been passed by the learned Sessions Judge in exercise of his power vested under section 439A, the present application does not fall in the category of second revision and, therefore, the question of maintainability is answered in favour of the petitioner. 10. In support of the claim ......section 366A of the Penal Code read with section 4(b) of the Cruelty to Women (Deterrent Punishment) Ordinance, 1983 passed by the learned Upazila Magistrate, Sadar, Noakhali, was affirmed. 4. The facts of the case, briefly stated, are as follows: Md. Ashrafuddin, son of the petitioner lodged ..Category: Criminal Law | Date: | Hits: 80
Abu Hossain and others Vs. Registrar of Trade Union and others, 1992, 21 CLC (HCD)
....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. ......y affidavit in opposition but the affidavit in reply, was filed by respondent No.1 through the office of Attorney ÂGeneral representing the government. 8. In the instant case somewhat complicated question of law affecting Public interest is involved but none of the Senior officer of the office o......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..Category: Labour and Industrial Law | Date: | Hits: 204
Philips Electrical Company Ltd. Vs. Commissioner of Taxes (South) Zone, Dhaka, 1992, 21 CLC (HCD)
.... 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. ......M Mahmudur Rahman J.- This reference application 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 wa......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..Category: Fiscal/Taxation Law | Date: | Hits: 109
State Vs. Dipu Mondal, 2010, 39 CLC (AD)
.... a, District-Rajbari in connection with the case and to admit him on bail to his satisÂfaction till he makes any prayer in that regard. Ed. This Case is also Reported in: VIII ADC (2011) 267. ...... a, District-Rajbari in connection with the case and to admit him on bail to his satisÂfaction till he makes any prayer in that regard. Ed. This Case is also Reported in: VIII ADC (2011) 267. ......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..Category: Procedural Law | Date: | Hits: 81
Firoz Ali and others Vs. State, 2010, 39 CLC (AD)
....Âeration. Leave is, therefore, granted on the addiÂtional grounds. Preparation of the paper book is disÂpensed with as prayed for. Ed. This Case is also Reported in: VIII ADC (2011) 264.......Âeration. Leave is, therefore, granted on the addiÂtional grounds. Preparation of the paper book is disÂpensed with as prayed for. Ed. This Case is also Reported in: VIII ADC (2011) 264....... 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..Category: Criminal Law | Date: | Hits: 71
Nantu Biswas and others Vs. State, 2009, 38 CLC (AD)
....se has been made out for review. In such view of the matter we find no substance in this review petition which is accordingly dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 261.......se has been made out for review. In such view of the matter we find no substance in this review petition which is accordingly dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 261....... 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..Category: Criminal Law | Date: | Hits: 48
Amanullah Zahangir Vs. State, 2009, 38 CLC (AD)
....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. ......f its drawer of the cheque if issued the same with the knowledge that the same would be bounced or insufficient of fund. This may be an offence punishable under Section 420 of the Penal Code, but the question of double jeopardy does not arise at this stage of the proceedings. On these findings, the ......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..Category: Criminal Law | Date: | Hits: 50
Shahidul @ Buidda and others Vs. Mrs. Anwara Begum and others, 2010, 39 CLC (AD)
....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. ......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. ......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..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. ......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. ......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. ..Category: Criminal Law | Date: | Hits: 71
Bangladesh Anjuman‑eÂ-Ahmadiyya Vs. Secretary, Ministry of Home Affairs, 1986, 15 CLC (HCD)
.... 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. ...... under law. It has also been submitted by the respondent that no order passed or action taken under section 99A of the Code of Criminal Procedure forfeiting any book or publication could be called in question in any Court other than under the provision of section 99B of the Cr.P.C. In the affidavitâ......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..Category: Constitutional Law | Date: | Hits: 204
Abdul Jalil Vs. Bangladesh Steel & EngineerÂing Corporation, 1989, 18 CLC (HCD)
....ise of its Revisional Jurisdiction is called for in the present case. In the result, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 474.......the plaintiff was given all possible chances of being heard. Relying on the decision of Manager Personnel Division Vs. Md. Shajahan reported in 35 DLR 224, the learned Subordinate Judge held that the question of violating the principle of natural justice does not arise when the person concerned has ......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..Category: Employment/Service Law | Date: | Hits: 108
Hossainia Ashraful Ulum Madrassah Vs. Munsur Ahmed (Md.) and others, 1990, 19 CLC (HCD)
....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. ......ng itself that a decree or order made in any case decided by a Court of Small Causes was according to law, may call for the case and pass such order with respect thereto as it thinks fit." Now the question that falls for decision is whether an order of dismissal of a suit for default is covered b......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..Category: Procedural Law | Date: | Hits: 104
....e been passed without any lawful authority and is of no legal effect and the Rule is accordingly disposed of without any order as to costs.
Ed.
This Case is also Reported in: 43 DLR (1991) 471.
......e been passed without any lawful authority and is of no legal effect and the Rule is accordingly disposed of without any order as to costs.
Ed.
This Case is also Reported in: 43 DLR (1991) 471.
......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..
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. ......ify the genuineness of the licences the Amir Market Branch of defendant No. 1 made correspondence with Agrani Bank Posta branch Dhaka as to whether the said branch actually sent the XPL No. 145043 in question issued in favour of M/s. Masud Traders, Rajyer Bazar Dhaka and was subsequently transferred......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. ..Category: Civil Law | Date: | Hits: 83
Tripura Modern Bank Ltd. Vs. Sunil Kumar Rajgharia and others, 1990, 19 CLC (HCD)
....s No. 2 and 3 to the petitioner within two months. The executing Court is directed to proceed with the execution case in accordance with law, Ed. This Case is also Reported in: 43 DLR (1991) 460.......sion which decided the appeal and not the executing Court to find whether the said appeal abated or not and the executing Court could at best refer the matter to the High Court Division to decide the question. In support of his contention the learned Advocate relied on the decision in the case of Ha......s No. 2 and 3 to the petitioner within two months. The executing Court is directed to proceed with the execution case in accordance with law, Ed. This Case is also Reported in: 43 DLR (1991) 460...Category: Civil Law | Date: | Hits: 103
Anwar Hossain Monju Vs. State, 1991, 20 CLC (HCD)
....r after taking into consideration of all available materials. In view of the above, I agree with the decision that the rule be discharged. Ed. This Case is also Reported in: 43 DLR (1991) 447.......ow to find out whether Anwar Hossain Monju had submitted an explanation as a defence, in the proceeding as provided under section 7(b) of the Special Powers Act because here we are concerned with the question of the legal existence of the proceedings and not with its merits and the learned Advocate ...... 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..Category: Criminal Law | Date: | Hits: 98
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. ......uicide to one of murder. 5. There is no dispute over the death of Sawpna. Admittedly Sawpna met her tragic end in the house of her husband at 10 Rajani Chowdhury Road, Dhaka on 17.4.80. The moot question is whether Sawpna was murdered and if it is at all a case of murder then the question will ...... 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..Category: Criminal Law | Date: | Hits: 116
Progati Industries Ltd. Vs. Shahida Khatun and others, 1991, 20 CLC (HCD)
....st Court of Subordinate Judge, Dhaka is dismissed. Let a copy of this judgment be forwarded to the Secretary, Ministry of Law and Justice. Ed. This Case is also Reported in: 43 DLR (1991) 429....... as the BSRS, that the defendant No. 1 after taking over and merger of the said purchaser company and payment of all the dues under the decree became exclusive owner of the properties and business in question and neither the plaintiff nor M/s. Dacca Wood Works Ltd has any interest or possession in t...... 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..Category: Property Law | Date: | Hits: 69
....
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.
......ategories of the newspapers in the 0ountry. He further submitted that the decisions of the first, second and third Wage Boards were complied with by the employers and so those cannot be allowed to be questioned now. he also submitted that the gratuity is a part of the wages as will appear from the d......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..
Category: Constitutional Law | Date: | Hits: 246
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