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Abdul Hashem (Md) @ Bachchu Fakir and others Vs. State, 2000, 29 CLC (AD)
....f conviction and sentence passed under section 396 of the Penal Code by the Additional Sessions Judge Faridpur in Sessions Case No. 35 of 1991 and sentencing each of the petitioners to suffer imprisonment for life. 2. The prosecution case, in short, is that in the midnight of 3-1-89 a da......n and sentence is based on other sufficient and reliable legal evidence on record. The petition is dismissed. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 117. ......nbsp; December 8, 1999. The Evidence Act, 1872 (I of 1872), Section 5 When the sentence passed by the trial court is based on sufficient reliable legal evidence on record finding the accused not guilty......iminal) Present: Latifur Rahman J Bimalendu Bikash Roy Choudhury J A M Mahmudur Rahman J Mahmudul Amin Choudhury J Abdul Hashem (Md) @ Bachchu Fakir and others…………….……………..Petitio..Category: Criminal Law | Date: | Hits: 64
Fazlur Rahman Akhond (Md) and five others Vs. Government of Bangladesh and others, 2000, 29 CLC (AD)
.... Judgment July 15, 1999. The Government Servants (Discipline and Appeal) Rules, 1976, Rule 8 The Constitution of Bangladesh, 1972, Article 102 The aggrieved persons must come to the writ jurisdiction expeditiously for seeking a summary relief and any explanat......rit petitions were, therefore, rightly rejected, although on different grounds. The petitions are dismissed. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 116. ......rit petitions were, therefore, rightly rejected, although on different grounds. The petitions are dismissed. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 116. ...... (Civil) Present: Mustafa Kamal CJ Bimalendu Bikash Roy Choudhury J A M Mahmudur Rahman J Mahmudul Amin Choudhury J Fazlur Rahman Akhond (Md.) and five others………………….Petitioner Vs. ..Category: Employment/Service Law | Date: | Hits: 70
Secretary, Ministry of Finance Vs. Md. Masdar Hossain and others, 1999, 28 CLC (AD)
....nd separate service from the civil executive and administrative services of the Republic……..76(1) Articles 115, 133 & 136 The President can create and establish a judicial service and also a judicial magistracy and make rules and also the rules regarding suspension and dismissal etc. ......2 (X) of them. The parent legislation that supports this Order is Annexure-B to the writ petition, namely, The Services (Re-organisation and Conditions) Act, 1975 (Act No. XXXII of 1975), hereinafter called the Act, conferring on the Government the power to create new services or amalgamate or unify......as also unmindful of the fundamental right enshrined in Article 35(3) of the Constitution which provides that “Every person accused of a criminal offence shall have the right to a speedy and public trial by an independent and impartial court or tribunal established by law.” Every person means bo......afa Kamal CJ Latifur Rahman J Bimalendu Bikash Roy Choudhury J Mahmudul Amin Choudhury J Secretary, Ministry of Finance……………………Appellant Vs. Md. Masdar Hossain and others………………………Respondents Judgment December 2, 1999. Result: T..Category: Constitutional Law | Date: | Hits: 829
Shamsuddin Ahmed Vs. Md. Gholam Rabbani & Others, 2000, 29 CLC (AD)
....f 1997 was heard for quite a considerable period of time and thereafter the case was fixed for delivery of judgment on 20-8-98. On that date the judgment could not be delivered by this Division as some of the learned Advocates of this court made prayer for rehearing of the appeal. Thereafter the......t the learned Judge will desist from committing such an act in future that is not in keeping with judicial propriety. 4. In view of our observation made in the above mentioned no action is called for upon this petition. The petition is accordingly, disposed of. Ed. ......e in the above mentioned no action is called for upon this petition. The petition is accordingly, disposed of. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 81. ......he Contempt of Court Act, 1926 (XII of 1926), Section 2 While a judgement is pending on appeal before this Division, publishing an article with an opinion on the subject matter is sub-judice and the Judge will desist from committing such an act in future. Case Referred to- ..Category: Criminal Law | Date: | Hits: 63
Badsha Mia & Others Vs. Abdul Kader and Others, 2000, 29 CLC (AD)
....aintiff-petitioners is from the judgment and order dated 30-1-95 passed by a learned Single Judge of the High Court Division in Civil Revision No. 5199/(Dhaka) 209/87 (Chittagong) making the Rule absolute. 2. Plaintiff Nos. 1 to 4 instituted Other Class Suit No. 141 of 1980 in the Court ...... infirmity in the decision of the learned Single Judge of the High Court Division. The petition is dismissed. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 79. ......by the learned Munsif Cox’s Bazar. 3. The suit was dismissed on contest. The plaintiffs’ Other Class Appeal No. 377 of 1983/122/85 (Cox’s Bazar) against the decree of the trial Court was allowed by the lower Appellate Court leading to filing a revisional application by ......ikash Roy Choudhury J A M Mahmudur Rahman J Mahmudul Amin Choudhury J Badsha Mia & Others…………..Petitioners Vs. Abdul Kader and Others…………………...Respondents Judgment&nb..Category: Civil Law | Date: | Hits: 104
Islami Bank Bangladesh Limited Vs. Al-Haj Md Shafiuddin Howlader& another, 2000, 29 CLC (AD)
....f a financial institution the legislature purposely committed to attach any condition precedent to the filing of an application under Order 9, rule 9 of the Code of Civil Procedure, which is the absolute right of the financial institution. 7. In these circumstances, my considered view i......eferred to as the Act. 3. The literal translation of this sub-section would be Subject to the provision of section 7 no proceeding, order, judgment and decree of an Artha Rin Adalat can be called in question before any court or any other authority.” If we take this provision litera......Artha Rin Adalat Ain, 1990 with a judicial officer as presiding officer for adjudication of claim loan by the financial institutions which include banks. No special procedure has been provided for trial of Artha Rin suits under the said Ain. But to expedite disposal of those suits certain provis......(5) The Code of Civil Procedure, 1908 (V of 1908), Order IX, rule 9 From the absence of any provision in the Ain prohibiting filing of an application under Order 9 rule 9 of the Code and from the specific mention of the Code in sub-section (5) of section 5 of the Ain it is clear th..Category: Business or Commercial Law | Date: | Hits: 104
Jharna Rani Saha Vs. Khondaker Zayedul Hoque alias Jahangir and another , 2000, 29 CLC (AD)
....dure, 1898 (V of 1898), Section 491 It will be inhuman to keep the minor victim girl in the jail custody indefinitely and her welfare demands that she should be allowed to come out of unwholesome environment of a prison house. It is right and proper that the victim girl should stay with h......ness at trial and the Court will ensure her attendance that case. In the result, the appeal is allowed. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 66. ......ons Judge or the Special Tribunal may be directed to decide the question of custody upon ascertaining the opinion of the girl also, or the girl may remain in the same custody where she is, pending trial, because, otherwise the accused may be prejudiced in the trial. 16. The learned Advo......Abdur Rouf J Bimalendu Bikash Roy Choudhury J Jharna Rani Saha………………...Appellant Vs. Khondaker Zayedul Hoque alias Jahangir and another……….. Respondent Judgment ..Category: Criminal Law | Date: | Hits: 48
Abdul Khaleque Master and others Vs. State, 2000, 29 CLC (AD)
....convicted accused-petitioner No. 1 under sections 302/109 of the Penal Code and accused-petitioner Nos. 2-10 under sections 3 of the Penal Code and each of them was sentence to suffer rigorous imprisonment for life and to pay a fine of Taka 10,000 in default, to suffer rigorous imprisonment for ......the outset it must be stated that the judgment of the High Court Division is not a very happy one as because the learned Judges of the High Court Division while disposing of an appeal on merit were called upon to decide the case on fact after proper appraisal of the evidence on record. The learne......tions 3 of the Penal Code and each of them was sentence to suffer rigorous imprisonment for life and to pay a fine of Taka 10,000 in default, to suffer rigorous imprisonment for one year more. The trial Court also convicted accused Petitioner Nos. 2-9 under section 201 of the Penal Code and sent...... (Criminal) Present: ATM Afzal CJ Mustafa Kamal J Latifur Rahman J Md. Abdur Rouf J Abdul Khaleque Master and others…………Accused Petitioners Vs. State……&hellip..Category: Criminal Law | Date: | Hits: 61
Qaiyum Khan and Others Vs. Sudarshan Singh and others, 2000, 29 CLC (AD)
....f Civil Procedure, 1908 (V of 1908), Order I, rule 10 Non-joinder of parties The parties to the suit are bound by the result but other are not. The decree can be challenged by the persons left out who ought to have been made party but not by others on the ground of non-joinder&hell......da Saha, not the defendants. 6. Second submission also fails. 7. We do not find any ground for interference. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 53. ......udgment Mustafa Kamal CJ.- The plaintiff-respondent’s suit for declaration of title to the suit land on the basis of adverse possession was decreed by the trial Court, the defendant-petitioner’s appeal was dismissed by the lower appellate Court and...... Appellate Division (Civil) Present: Mustafa Kamal CJ Latifur Rahman J Bimalendu Bikash Roy Choudhury J A M Mahmudur Rahman J Qaiyum Khan and Others………….Petitioners Vs. Sudarshan Singh and oth..Category: Civil Law | Date: | Hits: 127
Nur Israil Talukder (Md) Vs. State, 2000, 29 CLC (AD)
....nt (Amendment) Act, 1987 (XIII of 1987), Section 8(a) The Code of Criminal Procedure, 1898 (V of 1898), Sections 5(2) & 339D The case is under section 409 of the Penal Code and also under section 5(2) of Act II of 1947, triable under the Criminal Law amendment Act. There is no ......re concluded after the expiry of the specified in section 339C of the said Code shall, notwithstanding such expiry be deemed to be and always to have been, validly concluded and shall not be called in question or before any Court including the Supreme Court, merely on the ground that the......en raised in this appeal by leave as to whether in view of the provision of section 8(a) of the Criminal Law Amendment (Amendment) Act, 1987 the learned Special Judge having failed to complete the trial within 2 years, from the date of coming into force of the said Act XIII of 1987, the High Cou......mendment (Amendment) Act, 1987 (XIII of 1987), Section 8(a) The Code of Criminal Procedure, 1898 (V of 1898), Sections 5(2) & 339D The case is under section 409 of the Penal Code and also under section 5(2) of Act II of 1947, triable under the Criminal Law amendment Act. There ..Category: Criminal Law | Date: | Hits: 59
Moslem Uddin (Md) Vs. State and another, 2000, 29 CLC (AD)
....1898 (V of 1898), Section 526 Order of transfer of a case ex parte without any notice to the parties or without calling for a report of the court concerned is an act of arbitrariness and absolutely wrong. Lawyers Involved: A Baset Majumder Senior Advocate, instructed......t of the Sessions Judge. In the circumstances, the petition is grudgingly disposed of with the observations as above. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 50. ......ecatory order passed by Division Bench of the High Court Division transferring Sessions Case No. 83 of 1998 from the Court of Additional Sessions Judge to the Court of Sessions Judge, Nawabganj for trial on an application under section 526 of the Code of Criminal Procedure filed by the informant......ndu Bikash Roy Choudhury J A M Mahmudur Rahman J Moslem Uddin (Md)…………………………Petitioner Vs. State and another……………...Respondent Judgment ..Category: Criminal Law | Date: | Hits: 59
Mahbubul Haque (Md.) Vs. Md. A Kader Munshi, 2000, 29 CLC (AD)
....932 as forged, fraudulent, collusive, void, having no legal existence and not binding upon the plaintiff on the averments, inter alia, that the suit property originally belonged to plaintiffs predecessors Boni Amin and Arab Ali who were the recorded tenants in the CS Khatian and major part of the su......ce to agitate the questions at the time of trial of the suit the petition merits no consideration. The leave petition is dismissed. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 49.......e question of limitation and res judicata are mixed question of law and fact which need through investigation on adequate evidence for arriving at a correct decision on framing specific issue by the trial court and on such grounds plaint cannot be rejected……………… (6) Cases Referred t....... Plaintiff-Respondent Judgment January 23, 2000. The Code of Civil Procedure, 1908 (V of 1908), Order VII rule 11(d) There is no illegality in holding that the question of limitation and res judicata are mixed question of law and fact which need through investigation on adequate ev..Category: Civil Law | Date: | Hits: 142
Abul Qayum Khan and others Vs. Md. Abu Yousuf Mridha and others, 2000, 29 CLC (AD)
....ve to appeal arises, was brought by respondent Nos. 1-7 for re-conveyance of the land described in schedules 'Ka' and 'Kha' to the plaint, for confirmation of possession in 'Ka' schedule land and also for recovery of khas possession in 'Kha' schedule land. According to the plaintiffs, their pred......sed, for what it is worth, at the earliest opportunity. But it was not done. This petition is, therefore, dismissed. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 48. ......dat Mridha and Jamir Hossain died. But re-conveyance was refused by the defendants on 29 October 1979 in spite of tender of the money in accordance with the terms of the agreement. 2. The trial Court decreed the suit in consideration of the evidence on record. The contesting defendants ......Appellate Division (Civil) Present: Mustafa Kamal CJ Latifur Rahman J Bimalendu Bikash Roy Choudhury J A M Mahmudur Rahman J Abul Qayum Khan and others……………Petitioners Vs. Md. Abu Yousuf Mrid..Category: Property Law | Date: | Hits: 47
Bangladesh Vs. East West Property Development Private Ltd. & others, 2000, 29 CLC (AD)
....; others……….………………Respondents Judgment July 1, 1999. The Constitution of Bangladesh, 1972, Article 102. It was absolutely necessary for the High Court Division to comment on the petitioner’s title to and po.......75 acres of land. The petition is dismissed with the above observations. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 43. ......ndency of the writ petition respondent No. 1 petitioner filed an application for injunction in Title Suit No. 11 of 1997. The petitioner’s prayer for temporary injunction was rejected by the trial Court by judgment and order dated 23-6-97. The issuance of the impugned notice of eviction wa...... Judgment July 1, 1999. The Constitution of Bangladesh, 1972, Article 102. It was absolutely necessary for the High Court Division to comment on the petitioner’s title to and possession of the disputed property and in writ jurisdiction the High Court Division is not deb..Category: Constitutional Law | Date: | Hits: 164
Sanaullah Khan (Md) Vs. Safura Khatun and others, 2000, 29 CLC (AD)
....sfer. By judgment and order dated 8 July 1996, he allowed the appeal with a cost of Taka 1000.00 and sent back the case on remand to the trial Court with a default clause. 3. The defendant sought to deposit the cost money of Taka 1000.00 on 10 August 1996 which was beyond the time mentio......as not obtained on this ground. For all these reasons the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 39. ......erefrom. The First Subordinate Judge heard the matter on transfer. By judgment and order dated 8 July 1996, he allowed the appeal with a cost of Taka 1000.00 and sent back the case on remand to the trial Court with a default clause. 3. The defendant sought to deposit the cost money of Ta......y J Sanaullah Khan (Md)……. …………………………………Appellant Vs. Safura Khatun and others……………………………&h..Category: Property Law | Date: | Hits: 59
Shafiuddin Chowdhury (Md) Vs. Md. Abdul Karim and others, 2000, 29 CLC (AD)
.... on the assertion that the pre-emptor is a co-sharer of the land. 3. The pre-emptee contested the cases stating that respondent Nos. 2-4 got saham in Partition Suit No. 36 of 1975 and they sold the same by the disputed three sale deeds and thereafter the pre-emptee got his name mutated a...... basis of co-sharer ship is not maintainable. Accordingly, the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 41. ......ale deeds and thereafter the pre-emptee got his name mutated and also spent a substantial amount of money for improvement of the case land. Hence the pre-emptor is not a co sharer. 4. The trial Court dismissed the three pre-emption cases by a common judgment holding that in view of the ......r Rahman J A M M Rahman J Mahmudul Amin Choudhury J Shafiuddin Chowdhury (Md)……………….Appellant Vs. Md. Abdul Karim and others………………Respondents Judgment &n..Category: Property Law | Date: | Hits: 57
....
The Industrial Relations Ordinance, 1969 (XXIII of 1969), Section 2(xxviii)
The casual labourers supplied by the contractors are the employees of the contractors over whom the contractors have absolute control. Attendance sheet of those labourers is maintained by the contractors to whom they ar...... Registrar of Trade Unions in accordance with section 22(2) of the Ordinance to hold election for determination of the collective bargaining agent (CBA). The Registrar, on receipt of the application, called upon KPM by a letter dated 21 June 1995 to submit a list of all workers employed in the estab...... Paper Mills Workers Union………………….Appellant
Vs.
Karnaphuli Paper Mills Ltd. Employees Union & another…………..Respondents
Judgment
January 22, 1998.
The Industrial Relations Ordinance, 1969 (XXIII of 1969), Section 2(xxviii)
The casual labourers supplied ......ve absolute control. Attendance sheet of those labourers is maintained by the contractors to whom they are responsible. The contractors are liable to compensate the KPM for any default of the workers and such labourers can not be termed as the workers of KPM. The terms of employment must establish a..
Category: Labour and Industrial Law | Date: | Hits: 163
Narayan Chandra Das and others Vs. Abdur Jabbar Dewan and others, 2000, 29 CLC (AD)
....merely on a consideration of the dakhilas found that the petitioners are not in possession of the suit land. The trial Court did not discuss the oral evidence on record. The lower appellate Court also did not discuss the oral evidence on record. The suit was dismissed only on the ground that the...... the petitioner is a good point for granting lease, the petition is dismissed. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 35. ......6-97 from which the plaintiff-petitioners have preferred this petition for leave to appeal. 2. Khandker Mahbubuddin Ahmed, learned Advocate for the plaintiff-petitioners, submits that the trial Court merely on a consideration of the dakhilas found that the petitioners are not in possess...... Division (Civil) Present: ATM Afzal CJ Mustafa Kamal J Latifur Rahman J Md. Abdur Rouf J Bimalendu Bikash Roy Choudhury J Narayan Chandra Das and others…………..petitioners Vs. Abdur Jabbar De..Category: Property Law | Date: | Hits: 73
Hazera Khatun Vs. Dr. Md. Enayetullah, 2000, 29 CLC (AD)
....espondent before us as plaintiff instituted Title Suit No. 141 of 1981 in the Court of Subordinate Judge, 3rd Court, Dhaka, for ejectment of the petitioner from the suit premises. The petitioner also filed Title Suit No. 79 of 1984 for specific performance of contract against the respondent in ...... discharged also on that ground correctly by the High Court Division. On the above grounds we dismiss this petition. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 33. ...... in the said Court. On transfer to the Court of Subordinate Judge, 5th Court, Dhaka those were renumbered as Title Suit Nos. 228 of 1995 and 132 of 1995 respectively and were heard analogously. The trial Court decreed Title Suit No. 228 of 1995 for eviction of the petitioner and dismissed Title S......ree for ejectment against the petitioner is no ground to stay the title execution case……………………(5) Lawyers Involved: NH Khandaker Advocate-on-Record- For the petitioner. Ozair Farooq, Advocate, instructed by Md. N..Category: Property Law | Date: | Hits: 87
University of Dhaka and another Vs. Professor AK Monwaruddin Ahmed, 2000, 29 CLC (AD)
.... Rahman J Md. Abdur Rouf J Bimalendu Bikash Roy Choudhury J University of Dhaka and another…………………. Petitioner vs. Professor AK Monwaruddin Ahmed………………….Respondent Judg...... submitted to the Vice Chancellor along the audit report. The Vice Chancellor in his turn forwarded the bill with his signature thereon to the Director of Accounts on 26.12.93. On 27-12-93 a daily called “Ajker Kagaj” published a news under the heading “Corruption of Teacher of......he decision sought to be appealed from does not suffer from any infirmity of law. The petition is dismissed. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 17. ......resent: ATM Afzal CJ Mustafa Kamal J Latifur Rahman J Md. Abdur Rouf J Bimalendu Bikash Roy Choudhury J University of Dhaka and another…………………. Petitioner vs. Professor ..Category: Constitutional Law | Date: | Hits: 201
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