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Belal alias Bellal and 2 others Vs. State, 2001, 30 CLC (HCD)
...., District-Dinajpur be set at liberty forthwith if not wanted in any other connection. Send down the lower Courts records expeditiously. Ed. This Case is also Reported in: 54 DLR (2002) 80. ......e also stated in their examination under section 342 Cr.P.C. that the alleged confessional statements made by them were not voluntary and true. 7. On consideration of the evidence and materials on record the learned Additional Sessions Judge convicted and sentenced the appellants and another as a......, District-Dinajpur be set at liberty forthwith if not wanted in any other connection. Send down the lower Courts records expeditiously. Ed. This Case is also Reported in: 54 DLR (2002) 80. ..Category: Criminal Law | Date: | Hits: 83
State Vs. Rafiqul Islam alias Gadan, 2002, 31 CLC (HCD)
....y of this judgment be forwarded to the court of Additional Sessions judge, Court No‑1, Pabna for necessary action in accordance with law. Ed. This Case is also Reported in: 55 DLR (2003) 61. ......f which he was a member, the death was due to hemorrhage and shock as a result of the injury which was ante mortem and homicidal in nature. 11. In his cross-examination he admitted that he did not record the age of injury but denied that he submitted a false report or that the dead body was not t......y of this judgment be forwarded to the court of Additional Sessions judge, Court No‑1, Pabna for necessary action in accordance with law. Ed. This Case is also Reported in: 55 DLR (2003) 61. ..Category: Criminal Law | Date: | Hits: 38
Haji Arshad Ali Kari Vs. Asmat Ali Hawlader and others, 2008, 37 CLC (AD)
....above, we find no substance in the submissions of the learned Advocate for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 18 BLT (AD) (2010) 318. ......ation of the mandatory provisions of Section 3 of the Arbitration Act; that the finding of the High Court Division as to the points of limitation is perverse in view of the evidences and materials on record and the trial Court as well as the Court of Appeal below after appreciating the evidences and......above, we find no substance in the submissions of the learned Advocate for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 18 BLT (AD) (2010) 318. ..Category: Property Law | Date: | Hits: 30
Giyash Uddin Vs. Martuza Bibi and ors., 2010, 39 CLC (AD)
....below on proper assessment of evidence causing no failure of justice. We find no substance petitions which are accordingly dismissed. Ed. This Case is also Reported in: 18 BLT (AD) (2010) 316.......passage, hence the suit. 7. The defendant No.1 contested the suit and his case is that the defendant No.1 and other co-sharers are owners of dag Nos.7132, 7134, 7138, 7137 and 7136 and they became recorded tenant in the khatians. Dag No.7133 belonged to defendant No.1 which is in khatian Nos. 473......below on proper assessment of evidence causing no failure of justice. We find no substance petitions which are accordingly dismissed. Ed. This Case is also Reported in: 18 BLT (AD) (2010) 316...Category: Property Law | Date: | Hits: 33
....n as temporary employee, he cannot turn round and assert that he is a permanent employee and that being so, he is estopped from claiming that he is permanent worker.
8. This argument does not hold good in as much as the term "temporary worker" has connotation which is different from popular and d...... barred by estoppel, waiver and acquiescence.
5. Both parties led evidence in the aforesaid IRO Case No. 52 of 1980 and the learned Chairman Of the Labour Court in consideration of the evidence on record allowed the IRO Case No. 25 of 1980 on contest and passed direction on the 2nd City Bank Auth......he 1st party Sekendar Howladar is that he was appointed Godown Keeper on 12.3.73 by the petitioner Rupali Bank and since then he has been performing his duties as such and by virtue of his continuous service he has become permanent worker with the entitlement to all the facilities available to a per..
Category: Labour and Industrial Law | Date: | Hits: 93
Khandaker Abul Bashar Vs. State, 2009, 38 CLC (AD)
....de of Criminal Procedure was rightly discharged by the High Court Division. Accordingly, this petition is dismissed. This Case is also Reported in: 15 MLR (AD) (2010) 404, 63 DLR (AD) (2011) 79. ......of the Meghna-Gumti Bridge kept the toll money of Tk.2,85,12,500/- without depositing the same in favour of the Roads and Highways Department. The Sessions Judge, on consideration of the materials on record, framed charge against the petitioner under Sections 409/420 of the Penal Code. This was chal......de of Criminal Procedure was rightly discharged by the High Court Division. Accordingly, this petition is dismissed. This Case is also Reported in: 15 MLR (AD) (2010) 404, 63 DLR (AD) (2011) 79. ..Category: Criminal Law | Date: | Hits: 43
Bangladesh Water Development Board Vs. Golam Robbani Khan and others, 2006, 35 CLC (AD)
....ormed by the writ petitioner and approved by the highest authority of the respondents. The leave petition is accordingly dismissed. Ed. This Case is also Reported in: 15 MLR (AD) (2010) 402. ......ormed by the writ petitioner and approved by the highest authority of the respondents. The leave petition is accordingly dismissed. Ed. This Case is also Reported in: 15 MLR (AD) (2010) 402. ......ormed by the writ petitioner and approved by the highest authority of the respondents. The leave petition is accordingly dismissed. Ed. This Case is also Reported in: 15 MLR (AD) (2010) 402. ..Category: Others | Date: | Hits: 82
Jamir Ali (Md) and Md. others Vs. Secretary, Ministry of Land and others, 1999, 28 CLC (HCD)
....d in 50 DLR (AD) 11. In the result both the Rules are discharged without any order as to costs. Order of injunctions stand vacated. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 125. ......e Writ Petition and stated that 90% compensation have been paid to the owners. But award of compensation in respect of 74 decimals of land could not be prepared on account of non-submission of proper records and documents by the owners of the said land. 8. Learned Advocate for the petitioners aft......d in 50 DLR (AD) 11. In the result both the Rules are discharged without any order as to costs. Order of injunctions stand vacated. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 125. ..Category: Property Law | Date: | Hits: 27
Atar Ali Miah (Md) Vs. State and Others, 1999, 28 CLC (HCD)
.... In the result, the Rule stands discharged. Order of stay granted at the time of issuance of the Rule stands vacated. No costs. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 120....... of 1999. Judgment AK Badrul Huq J. - The subject matter of challenge in this Civil Revision Petition under section 115 of the Code of Civil Procedure is a judgment and order dated May 5, 1999 recorded by Senior Assistant Judge, Habiganj Sadar, Habiganj in Title Suit No.78 of 1999 disposing a......ourt Division and the law declared by either Division of the Supreme Court shall be binding upon on all Courts subordinate to it. 30. Learned Advocate for the plaintiff-petitioner has pressed into service another argument that since the learned Assistant Judge allowed the application of the plain..Category: Property Law | Date: | Hits: 34
.... (Pathar) 89-90 Patharghata, District Barguna is hereby declared to have been passed without jurisdiction and to be of no legal effect.
Ed.
This Case is also Reported in: 54 DLR (2002) 72.
......vail of the statutory remedy under section 30 of the Special Powers Act. Whether or not the accused person had such a reasonable opportunity is a question of fact to be decided in each case upon case records and no hard and fast formula can be laid down to settle the criteria in advance.”
7. He...... (Pathar) 89-90 Patharghata, District Barguna is hereby declared to have been passed without jurisdiction and to be of no legal effect.
Ed.
This Case is also Reported in: 54 DLR (2002) 72.
..
Category: Property Law | Date: | Hits: 24
Khondaker Modarresh Elahi Vs. Government of the People’s Republic of Bangladesh, 2000, 29 CLC (HCD)
....enacting a law prohibiting hartal. Can the Court legislate and enact law? The answer, I am afraid, is an emphatic and resounding “no” because Article 65 of the Constitution quoted earlier has for good reasons assigned and allocated that function to the Parliament. To legislate and enact law is t......ental limitations on First Amendment freedoms when speech and non-speech elements are combined in the same course of conduct. An interest in preventing breaches of the peace is not implicated on this record. Expression may not be prohibited (491 US: 397, 398) on the basis that an audience that takes...... their further statements sometimes made that the newspapers, hospitals and the milk supply is excluded from the bundh. This clarification obviously implies that otherwise the intention is that those services are also to be affected. If the intention is to prevent the milk supply. prevent the distri..Category: Constitutional Law | Date: | Hits: 216
City Sugar Industries Ltd. and others Vs. Human Rights and Peace for Bangladesh, 2010, 39 CLC (AD)
....i.e. let the safety of the people be the Supreme law. We find no substance in these petitions which are accordingly dismissed. Ed. This Case is also Reported in: 15 MLR (AD) (2010) 389. ......ations filed by the applicants including the present petitioners are maintainable but addition of party is not necessary and passed an order to keep the said application of addition of party with the record. The High Court Division rejected the application for direction upon hearing on merit but dir......i.e. let the safety of the people be the Supreme law. We find no substance in these petitions which are accordingly dismissed. Ed. This Case is also Reported in: 15 MLR (AD) (2010) 389. ..Category: Environmental Law | Date: | Hits: 344
Mohammad Reazaul Karim and others Vs. A. B. M. Khalequzzaman and others, 2010, 39 CLC (AD)
....r no interference by this Court. In the result, all the appeals are dismissed without any order as to costs. Ed. This Case is also Reported in: 15 MLR (AD) (2010) 369, 62 DLR (AD) (2010) 411.......d.) and one Md. Sirajul Islam. All the appeals are directed against the judgment and order dated 11.09.2008 passed by the High Court Division in Company Matter No. 1 of 2008 declaring the fixation of record date on 25.09.2005 for holding 20th, 21st and 22nd AGMs of United Commercial Bank Ltd. as ill......r no interference by this Court. In the result, all the appeals are dismissed without any order as to costs. Ed. This Case is also Reported in: 15 MLR (AD) (2010) 369, 62 DLR (AD) (2010) 411...Category: Company Law | Date: | Hits: 191
Mobasher Hossain (Md) and others Vs. Saidur Rahman (Pvt) Ltd. and others, 2002, 31 CLC (HCD)
....e the building which they have erected. But the case for the plaintiffs is materially strengthened when we bear in mind the conduct of the defendants. The Court of first instance found that there was good reason to hold that a substantial portion of the building had been erected after the defendants......he launch ghat at Gazaria where it was in the morning of 8th April, 2002 within seven days from date. There shall be no order as to cost. Ed. This Case is also Reported in: 55 DLR (2003) 51. ......he launch ghat at Gazaria where it was in the morning of 8th April, 2002 within seven days from date. There shall be no order as to cost. Ed. This Case is also Reported in: 55 DLR (2003) 51. ..Category: Admiralty Law or Maritime Law | Date: | Hits: 188
Moulana Fariduddin Ahmed and another Vs. Md. Kolimullah and others, 2001, 30 CLC (HCD)
....of the observation as made hereinabove. The order of stay granted earlier is hereby re‑called and vacated. Send down the records at once. Ed. This Case is also Reported in: 55 DLR (2003) 49.......on dismissed the suit. On such merit of the case of the parties, the trial Court rightly dismissed the suit of Kalimullah. But in appeal the appellate Court without considering the entire evidence on record rather on misconception of law found the lease in question was not valid beyond five years an......of the observation as made hereinabove. The order of stay granted earlier is hereby re‑called and vacated. Send down the records at once. Ed. This Case is also Reported in: 55 DLR (2003) 49...Category: Property Law | Date: | Hits: 27
Momena Begum Vs. Dhaka City Corporation and others, 2002, 31 CLC (HCD)
....m the case of Dr. MO Gani Vs. Dr. ANM Mahmood, 18 DLR (SC) 463. Accordingly, the Rule is discharged, however, without any order as to cost. Ed. This Case is also Reported in: 55 DLR (2003) 43.......na Begum, the petitioner of this case is the respondent/opposite party and it is in connection with the same shop and in that Rule this court directed the parties to maintain status quo. Since as per record Mrs. Parveen Sultana is the allottee of the suit shop and since the present petitioner did no......m the case of Dr. MO Gani Vs. Dr. ANM Mahmood, 18 DLR (SC) 463. Accordingly, the Rule is discharged, however, without any order as to cost. Ed. This Case is also Reported in: 55 DLR (2003) 43...Category: Property Law | Date: | Hits: 34
Hilly Housing Co-operative Society Ltd. Vs. Akhtaruzzaman Chowdhury and ors., 2001, 30 CLC (HCD)
....ll-reasoned and well-supported by the materials on record. We find no substance in the application. The application is rejected summarily. Ed. This Case is also Reported in: 54 DLR (2002) 46. ......dinate Judge was thus perfectly justified in rejecting the prayer of the petitioner for rejection of the plaint. The impugned order is found to be well-reasoned and well-supported by the materials on record. We find no substance in the application. The application is rejected summarily. Ed. ......ll-reasoned and well-supported by the materials on record. We find no substance in the application. The application is rejected summarily. Ed. This Case is also Reported in: 54 DLR (2002) 46. ..Category: Civil Law | Date: | Hits: 70
Bhola Vs. State, 2001, 30 CLC (HCD)
....ich her husband filed a criminal case against them or there was litigation in between them and Shamser Munshi the father of accused Abdul Jabbar but later on it was compromised and they had developed good relationship and they had other enemies in the locality. She further stated that the accused pe......mant PW 1 rushed to the place of occurrence along with some other persons. She told that her husband was killed by Jabbar, Sobhan, Shamsul, Bhola and others. She told the occurrence to the police who recorded the first information report and took her LTI on the same. In cross‑examination she state......s order dated 29‑10‑91 is upheld with the above modification and the appeal is dismissed. Send down the lower court's record immediately. Ed. This Case is also Reported in: 55 DLR (2003) 36...Category: Criminal Law | Date: | Hits: 41
Hotel Agrabad Ltd. Vs. Chairman, Labour Court and others, 1999, 28 CLC (HCD)
....vocate appearing for the petitioner company, submits that the hotel business may be termed as either establishment or enterprise as contemplated in the Act but he submits that in the explanation 'goods' means things which are consumed or used by human being and air is not a material nor goods,......intainable under section 34 of the IRO, inasmuch as no right is guaranteed to the respondents by or under any law. 4. The learned Labour Court on consideration of the materials and evidence on record by the impugned judgment found that there is no controversy between the parties over the us......nergy and also maintains a desired level of temperature in all the rooms including the restaurant and bakery shop by subjugation of air through artificial process for which the value of the foods and services rendered by the petitioner company is increased. It is true that the rooms and balconies of..Category: Labour and Industrial Law | Date: | Hits: 121
Moyezuddin Sikder and ors. Vs. State, represented by the DC, Khulna, 2007, 36 CLC (HCD)
....n with a non-obstante expression. Accordingly, the question raised at the Bar is hereby resolved with the observations as above. Ed. This Case is also Reported in: 59 DLR (2007) 287. ......n with a non-obstante expression. Accordingly, the question raised at the Bar is hereby resolved with the observations as above. Ed. This Case is also Reported in: 59 DLR (2007) 287. ......pect of certain acts and things were brought and the Ordinance was promulgated in the language as under: "Notwithstanding anything contained in any law, including a law relating to any defence service, for the time being in force, no suit, prosecution or other proceedings, legal or disciplina..Category: Criminal Law | Date: | Hits: 50
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