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Ataur Rahman (Md.) another Vs. Edruc Limited, 2004, 33 CLC (HCD)
....y, arrear salaries, allowances and provident fund dues. These dues were not paid in spite of repeated requests and reminders. Ultimately, both the petitioners served statutory notice under registered post vide annexures "J" and "K" respectively. As usual the Company refused to pa......tainable and are therefore, liable to be dismissed. In the result, the applications are dismissed without any order as to costs. Ed. This Case is also Reported in: 57 DLR (2005) 337. ......tainable and are therefore, liable to be dismissed. In the result, the applications are dismissed without any order as to costs. Ed. This Case is also Reported in: 57 DLR (2005) 337. ......tainable and are therefore, liable to be dismissed. In the result, the applications are dismissed without any order as to costs. Ed. This Case is also Reported in: 57 DLR (2005) 337. ..Category: Company Law | Date: 3 Mar, 2004 | Hits: 8
Govt. of BD. rep. by Sec., Min. of Post, T&T & ors. Vs. Abul Khair, 2004, 33 CLC (AD)
....strative Tribunal Dhaka dismissing AT Case No. 114 of 1998 and setting aside the punishment of compulsory retirement passed on 27‑2‑1997 and thereby restoring the respondent to his former post treating him on duty with all financial and other benefits as admissible under the rules. ......llate Tribunal when apparently the respondent has not been dealt with in accordance with law following, the principles of natural justice. The petition is dismissed. Ed. ......209;9‑1971 and subsequently he was promoted to the rank of Asstt Post Master (Non Gazetted) on 13‑11‑1991. During the tenure of his service he was directly associated with the Trade Union Activities. He held the office of Secretary, Vice‑President as well as the President of ......llate Tribunal when apparently the respondent has not been dealt with in accordance with law following, the principles of natural justice. The petition is dismissed. Ed. ..Category: Administrative Law | Date: 23 Feb, 2004 | Hits: 125
State Vs. Anjuara Khatun, 2004, 33 CLC (HCD)
....ces cannot be relied upon in fixing conviction upon condemned prisoner. 39. A close relative who is a natural witness cannot be regarded as an interested witness. The term "interested" postulates that the witness must have some direct interest in having the accused somehow or the othe......orrectness. Before relying upon a dying declaration court should insist and, also, be satisfied that the declarant was in a conscious and fit state of mind to make the statement. It is, also, to be remembered that dying declaration itself can be treated as a substantive piece of evidence and if foun......Anjuara Khatoon is sentenced to imprisonment for life. Lower Court’s Record is sent down as early as possible. Ed. This Case is also Reported in: 57 DLR (2005) 277. ......Anjuara Khatoon is sentenced to imprisonment for life. Lower Court’s Record is sent down as early as possible. Ed. This Case is also Reported in: 57 DLR (2005) 277. ..Category: Criminal Law, Evidence Law | Date: 17 Feb, 2004 | Hits: 7
Abdus Sattar (Md) and ors. Vs. Lalon Mazar Sharif & Seba Sadan Committee & ors., 2004, 33 CLC (AD)
....onsideration of the evidence on record has arrived at the correct finding and, as such, no interference is called for. Accordingly, this leave petition is dismissed. Ed. ......onsideration of the evidence on record has arrived at the correct finding and, as such, no interference is called for. Accordingly, this leave petition is dismissed. Ed. ......onsideration of the evidence on record has arrived at the correct finding and, as such, no interference is called for. Accordingly, this leave petition is dismissed. Ed. ......onsideration of the evidence on record has arrived at the correct finding and, as such, no interference is called for. Accordingly, this leave petition is dismissed. Ed. ..Category: Property Law | Date: 11 Feb, 2004 | Hits: 127
State Vs. Bahar Miah, 2004, 33 CLC (HCD)
....n, Comilla, came to the condemned prisoner's house, held inquest on the dead body and sent the dead body to the morgue for autopsy for ascertaining the cause of death. The police after receipt of the post‑mortem report and on examining some witnesses, having found prima facie case against the cond......he offence for taking necessary steps in accordance with law as per observations made above. The connected appeals are allowed accordingly. Ed. This Case is also Reported in: 56 DLR (2004) 454. ......he offence for taking necessary steps in accordance with law as per observations made above. The connected appeals are allowed accordingly. Ed. This Case is also Reported in: 56 DLR (2004) 454. ......he offence for taking necessary steps in accordance with law as per observations made above. The connected appeals are allowed accordingly. Ed. This Case is also Reported in: 56 DLR (2004) 454. ..Category: Women and Children | Date: 18 Jan, 2004 | Hits: 163
Abdul Bashir alias Bashu Vs. State, 2004, 33 CLC (AD)
....09 of the Penal Code. The accused persons pleaded not guilty and claimed to be tried. 3. Prosecution in all examined 17 witnesses including the official witness PW 9, the Medical Officer who held post mortem examination of the dead body of Hazrat Ali and Julekha Khatun, PWs 10 and 12, the consta......dge, Mymensingh, to take steps in accordance with law in the light of the judgment passed by the said Court on May 3 1, 1998 in Sessions Case No. 63 of 1996. Ed. This Case is also Reported in: ......dge, Mymensingh, to take steps in accordance with law in the light of the judgment passed by the said Court on May 3 1, 1998 in Sessions Case No. 63 of 1996. Ed. This Case is also Reported in: ......dge, Mymensingh, to take steps in accordance with law in the light of the judgment passed by the said Court on May 3 1, 1998 in Sessions Case No. 63 of 1996. Ed. This Case is also Reported in: ..Category: Criminal Law | Date: 18 Jan, 2004 | Hits: 98
....ioner as an industry.
In view of the discussions made hereinabove we find no substance in the petition.
Accordingly, the petition is dismissed.
Ed.
This Case is also Reported in:
......espondent No. 3‑Palli Daridra Bimochon Foundation Karmachari Union, Bangladesh, as per provision of section 8 of the Industrial Relations Ordinance, 1969 (IRO).
2. Facts, in short, are that the members of the respondent No.1 herein are the employees of the petitioner herein, formed Trade Union......
Present:
Md. Ruhul Amin J
Syed JR Mudassir Husain J
MM Ruhul Amin J
Palli Daridra Bimochon Foundation ........Petitioner
Vs.
Palli Daridra Bimochon Foundation Karmachari Union, Bangladesh (Proposed) and others ........Respondents
Judgment
January 17, 2004.
......ioner as an industry.
In view of the discussions made hereinabove we find no substance in the petition.
Accordingly, the petition is dismissed.
Ed.
This Case is also Reported in:
..
Category: Employment/Service Law | Date: 17 Jan, 2004 | Hits: 120
Secretary, Ministry of Health and Family Welfare & others Vs. Parvin Sultana, 2005, 34 CLC (AD)
....epresentative of the Nurses Association. The petitioner was transferred from National Institute of Cardio Vascular Disease and Hospital, Dhaka to the Health Complex, Tajumuddin, Bhola in the vacant post of Senior Staff Nurse and she was asked to take release order within two days otherwise she wi......illegality in the impugned Judgment of the High Court Division calling for our interference. Accordingly, this petition merits no consideration. Hence, it is dismissed. Ed. ......illegality in the impugned Judgment of the High Court Division calling for our interference. Accordingly, this petition merits no consideration. Hence, it is dismissed. Ed. ......illegality in the impugned Judgment of the High Court Division calling for our interference. Accordingly, this petition merits no consideration. Hence, it is dismissed. Ed. ..Category: Constitutional Law | Date: 10 Jan, 2004 | Hits: 246
Director General, BWDB and others Vs. BJ Geo Textile Ltd and another, 2003, 32 CLC (AD)
.... Division in Writ Petition No. 1900 of 2003 making the Rule absolute are hereby set aside and the Rule is accordingly, discharged without any order as to costs. Ed. This Case is also Reported in:...... Division in Writ Petition No. 1900 of 2003 making the Rule absolute are hereby set aside and the Rule is accordingly, discharged without any order as to costs. Ed. This Case is also Reported in:......eferred to- Managing Director, Dhaka WASA Vs. Superior Builders and Engineers Ltd. 51 DLR (AD) 56; Hyundai Corporation Vs. Sumikin Bussan Corporation and others, 58 DLR (AD) 88; Tata Cellar Vs. Union of India, AIR 1996 SC 11; Sharping Matshyajibi Samabaya Samity Vs. Bangladesh, 39 DLR (AD); Ba...... Division in Writ Petition No. 1900 of 2003 making the Rule absolute are hereby set aside and the Rule is accordingly, discharged without any order as to costs. Ed. This Case is also Reported in:..Category: Others | Date: 10 Dec, 2003 | Hits: 261
Syed Md. Anwarul Haque and others Vs. Bangladesh and others, 2003, 32 CLC (HCD)
.... Secretary, Ministry of Law, Justice and Parliamentary Affairs and others reported in 16 BLD (AD) 110 it has been held that no vested right accrued to the Nikah Registrar on being appointed to such a post. 16. The learned Advocate for the petitioner has also challenged the curtailment of a part...... This Case is also Reported in: 57 DLR (2005) 248. ......the aforesaid Rule 10 as amended by SRO No.273 dated 2‑10‑2002. 3. In Writ Petition No.4571 of 2003 the petitioner has also challenged the curtailment of his Nikah Registry area i.e. Paksmia Union from his jurisdiction vide Memo No.915(11)/Bichar/7/2N-18/73 dated 25‑6‑2003 (Annexur......held that no vested right accrued to the Nikah Registrar on being appointed to such a post. 16. The learned Advocate for the petitioner has also challenged the curtailment of a part of one Union Parishad where the petitioner has been performing his functions as Nikah Registrar. 17. In the ..Category: Family Law | Date: 9 Dec, 2003 | Hits: 4
Ershad Ali Sikder (Md) Vs. State, 2003, 32 CLC (AD)
....ice during investigation visited the place of occurrence, seized incriminating articles under proper seizure list, and held inquest over the dead body of the deceased, sent the same to the morgue for post mortem examination, examined witnesses under section 161 of the Code of Criminal Procedure and ......motive though not relevant and material the same of the condemned prisoner can very well be inferred from the evidence of PW 3 and the facts and circumstances of the cases. Moreover, it should be remembered that for lack of motive, the ocular evidence of injured witnesses and other eye‑witnesse......ials on record has arrived at the correct decision. For the reasons and discussions made above the leave petition is dismissed Connected Jail Petition No. 7 of 2003 is also rejected. Ed. ......ials on record has arrived at the correct decision. For the reasons and discussions made above the leave petition is dismissed Connected Jail Petition No. 7 of 2003 is also rejected. Ed. ..Category: Criminal Law | Date: 9 Dec, 2003 | Hits: 122
.... title Suit for a declaration that the letter No. 75/1992 dated 6‑8‑1992 issued by the headmaster of Kadamtala Purba Basaboo Uchcha Bidalaya purporting to remove the plaintiff respondent from the post of Assistant Teacher is void, illegal and without jurisdiction and not binding upon her and als...... being accompanied by few mastans and they also attacked the Headmaster of the school. Thereafter, the Managing Committee in a meeting held on 20‑2‑1992 and on 22‑2‑1992 constituted 3 (three) members enquiry committee and Suspended tile plaintiff respondent on 29‑21992 and she was charge......r interference with the impugned judgment of the High Court Division and consequently, this appeal is dismissed with costs of a Senior counsel in all stages.
Ed.
This Case is also Reported in:
......r interference with the impugned judgment of the High Court Division and consequently, this appeal is dismissed with costs of a Senior counsel in all stages.
Ed.
This Case is also Reported in:
..
Category: Civil Law | Date: 8 Dec, 2003 | Hits: 209
State Vs. Md. Awal Fakir, 2003, 32 CLC (HCD)
....ector of Police Md. Faruque Hossain. PW 1 held inquest on the dead body of Rehana Begum and found injury on left side of breast. He prepared Inquest Report and sent dead body to morgue for performing post mortem examination. He proved First Information Report. b. Evidence of PW 6 Shirajul Sheik......it of doubt to an accused would be available provided there is supportive evidence on record. For creating or granting Benefit of Doubt will be such as may lead to such doubt but it is always to be remembered that there should not be exaggerated devotion to the rule of benefit of doubt at the expens......the terms of the judgment recorded by Nari‑o‑Shishu Nirjatan Daman Adalat, Narail. Lower Court's Record be sent down at once. Ed This Case is also Reported in: 56 DLR (2004) 647. ......the terms of the judgment recorded by Nari‑o‑Shishu Nirjatan Daman Adalat, Narail. Lower Court's Record be sent down at once. Ed This Case is also Reported in: 56 DLR (2004) 647. ..Category: Women and Children | Date: 7 Dec, 2003 | Hits: 178
Superintendent (now GM), James Finlay PLC & anr Vs. Chair., 2nd Labor Court & anr, 2005, 34 CLC (AD)
....Labour Court to pursue under section 25 of the Employment of Labour (Standing Order) Act, 1965. With these observations this appeal is dismissed without any order as to costs. Ed. ......g that he had no complicity with the alleged theft of medicine from the store and that he was innocent. The explanation submitted by the respondent No.2 was found not satisfactory and a three-member Committee was constituted for holding an enquiry into the charges brought against respondent......Labour Court to pursue under section 25 of the Employment of Labour (Standing Order) Act, 1965. With these observations this appeal is dismissed without any order as to costs. Ed. ......Labour Court to pursue under section 25 of the Employment of Labour (Standing Order) Act, 1965. With these observations this appeal is dismissed without any order as to costs. Ed. ..Category: Labour and Industrial Law | Date: 4 Nov, 2003 | Hits: 106
Serajuddin Ahmed & ors. Vs. AKM Saiful Alam & ors., 2003, 32 CLC (AD)
....otice addressed to the respondent Nos. 1‑4 to their addressees in which earlier 2 show cause notices were served. It may be mentioned show cause notice dated 17‑2‑94 was sent through registered post. The contention of the respondent Nos. 1‑4 that the 3rd show cause notice was a manufactured ...... good conscience." 30. In the background of the discussions made hereinbefore we find merit in the appeals. Accordingly, the appeals are allowed with costs in two appeals. Ed. ...... good conscience." 30. In the background of the discussions made hereinbefore we find merit in the appeals. Accordingly, the appeals are allowed with costs in two appeals. Ed. ...... good conscience." 30. In the background of the discussions made hereinbefore we find merit in the appeals. Accordingly, the appeals are allowed with costs in two appeals. Ed. ..Category: Constitutional Law | Date: 3 Nov, 2003 | Hits: 899
Govt. of BD. Rep. by Adnl. DC Vs. AKM Abdul Hye & ors., 2004, 33 CLC (AD)
....; 15. In view of our discussions made hereinabove we find no merit in this appeal. Accordingly the appeal is dismissed. There is no order as to costs. Ed. ......; 15. In view of our discussions made hereinabove we find no merit in this appeal. Accordingly the appeal is dismissed. There is no order as to costs. Ed. ......laim of managing the land in suit or the property that has been treated as vested property by examining any witness. The lone witness (DE 1) of the appellant, the Assistant tahshilder of Kashimpur Union Land Office, although has stated that the land in suit is being looked after and enjoyed by t......; 15. In view of our discussions made hereinabove we find no merit in this appeal. Accordingly the appeal is dismissed. There is no order as to costs. Ed. ..Category: Property Law | Date: 29 Oct, 2003 | Hits: 1038
Hossain @ Foran Miah and ors. Vs. State, 2004, 33 CLC (AD)
....6 of 1997 against the appellants are set aside. The appellants are acquitted of the charge brought against them and be released at once if not wanted in connection with any other case. Ed. ......d persons were falsely implicated. He also stated that Parul Akther told him that Foran raped her while she was coming back home. This witness also said that Parul told about the occurrence to Bacchu member and Noor Islam. 5. PW 2 is Mahiuddin. He heard about the occurrence and he is a ......6 of 1997 against the appellants are set aside. The appellants are acquitted of the charge brought against them and be released at once if not wanted in connection with any other case. Ed. ......6 of 1997 against the appellants are set aside. The appellants are acquitted of the charge brought against them and be released at once if not wanted in connection with any other case. Ed. ..Category: Procedural Law | Date: 28 Oct, 2003 | Hits: 107
Capital Tower Ltd. Vs. Mirpur Mazar Co operative Market Society Ltd. & ors, 2004, 33 CLC (AD)
....previously numbered as Title Suit No. 92 of 1993 of the 1st Court of Assistant Judge, Dhaka) is set aside and the suit is dismissed. There is no order as to costs. Ed. ......previously numbered as Title Suit No. 92 of 1993 of the 1st Court of Assistant Judge, Dhaka) is set aside and the suit is dismissed. There is no order as to costs. Ed. ......previously numbered as Title Suit No. 92 of 1993 of the 1st Court of Assistant Judge, Dhaka) is set aside and the suit is dismissed. There is no order as to costs. Ed. ......previously numbered as Title Suit No. 92 of 1993 of the 1st Court of Assistant Judge, Dhaka) is set aside and the suit is dismissed. There is no order as to costs. Ed. ..Category: Property Law | Date: 18 Aug, 2003 | Hits: 216
Loretto represented by Nasreen Rahman, Principal Vs. Nasreen Sobhan and another, 2003, 32 CLC (HCD)
.... pay a sum of Taka 5000 per day as compensation for unauthorised occupation of the holding. It was mentioned that the plaintiffs also served a notice on 27‑9‑1998 upon the defendant by registered post and the same was received by the defendant but he did not vacate the suit premises and hence th....... In the result this appeal is dismissed without any order as to costs and the impugned judgment and decree are affirmed. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 581. ....... In the result this appeal is dismissed without any order as to costs and the impugned judgment and decree are affirmed. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 581. ....... In the result this appeal is dismissed without any order as to costs and the impugned judgment and decree are affirmed. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 581. ..Category: Tenancy Law | Date: 4 Aug, 2003 | Hits: 171
Mrs. Razia Satter Vs. Mr. Azizul Huq and two others, 2003, 32 CLC (HCD)
....12.2001 whereby the contemner No.2 was brought on record as he was acting Chairman of RAJUK on and from 1.11.2001 after the transfer of Mr. Azizul Haque the immediate past Chairman of RAJUK from that post who is contemner No.1. Thereafter the petitioner also filed another supplementary affidavi......47, and Hoffmn-La Roche Vs. Secretary of State, (1975) AC 295, affirmed the decision of Ridge Vs. Baldwin. However, Professor Wade observed,........"In natural justice cases it is essential to remember that 'void' is not an absolute term: a decision or act may be void against one person......in this rule and accordingly this rule is discharged and the contemners are acquitted of the charges-eveled against them. Ed. This Case is also Reported in: 26 BLD (HCD) (2007) 515. ......in this rule and accordingly this rule is discharged and the contemners are acquitted of the charges-eveled against them. Ed. This Case is also Reported in: 26 BLD (HCD) (2007) 515. ..Category: Constitutional Law, Contempt of Court Law | Date: 30 Jun, 2003 | Hits: 13
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