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MD, Bangladesh Machine Tools Factory Ltd Vs. Chairman, 2nd Labour Court & anr, 1990, 19 CLC (AD)
.... order of the High Court Division, submitted that respondent No. 2 was neither a labour leader nor engaged in any trade union activities at the time his service was terminated with and as such it was wrongly held by the Labour Court that it was a case of victimisation for trade union activities. Mr.......on. It was not a case of no evidence at all. The petition is dismissed. Ed. This Case is also Reported in: 44 DLR (AD) 272 This Case is also Reported in: 44 DLR (AD) (1992) 272. ...... Ed. This Case is also Reported in: 44 DLR (AD) 272 This Case is also Reported in: 44 DLR (AD) (1992) 272. ......on. It was not a case of no evidence at all. The petition is dismissed. Ed. This Case is also Reported in: 44 DLR (AD) 272 This Case is also Reported in: 44 DLR (AD) (1992) 272. ..Category: Labour and Industrial Law | Date: 16 Aug, 1990 | Hits: 168
Abul Kashem @ Kashem Vs. State, 1990, 19 CLC (HCD)
....unal is hereby set aside. The accused appellant is acquitted of the charge brought against him. He should be discharged from the bail bond. Ed. This Case is also Reported in: 43 DLR (1991) 420. ......l. So there is practically no evidence to prove the prosecution case. But still the learned Assistant Sessions Judge convicted the appellant relying on the statement made by her to the Magistrate who recorded her statement under section 164 Cr.P.C. by making the following observations. “তিà......t is acquitted of the charge brought against him. He should be discharged from the bail bond. Ed. This Case is also Reported in: 43 DLR (1991) 420. ......unal is hereby set aside. The accused appellant is acquitted of the charge brought against him. He should be discharged from the bail bond. Ed. This Case is also Reported in: 43 DLR (1991) 420. ..Category: Women and Children | Date: 15 Aug, 1990 | Hits: 99
Nannu Gazi Vs. Awlad Hossain & others, 1990, 19 CLC (AD)
....t aside and it is directed that the case (GR Case No.1185 of the Court of Upazila Magistrate, Amtali) proceed according to law. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 63. ......ccused persons would be discharged. 4. Section 241A Cr.P.C. empowers a Magistrate to discharge the accused without framing any charge if he considers the allegation to be groundless. The reason recorded by the learned Magistrate for discharging the accused‑respondents is that two of the accu......o.1185 of the Court of Upazila Magistrate, Amtali) proceed according to law. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 63. ......t aside and it is directed that the case (GR Case No.1185 of the Court of Upazila Magistrate, Amtali) proceed according to law. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 63. ..Category: Criminal Law | Date: 14 Aug, 1990 | Hits: 60
State Vs. Abdus Sattar and others, 1990, 19 CLC (AD)
....In any case, their liability for the murder is well‑proved. We are Satisfied that the evidence on record is sufficient both in quality and quantity to justify an order of conviction. They have been wrongly acquitted. 35. In the result, therefore, the impugned judgment and order are set aside......nder section 201 is set aside. The respondents are directed to surrender forthwith and serve out the sentence imposed upon them. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 44. ......rected to surrender forthwith and serve out the sentence imposed upon them. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 44. ......nder section 201 is set aside. The respondents are directed to surrender forthwith and serve out the sentence imposed upon them. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 44. ..Category: Criminal Law | Date: 9 Aug, 1990 | Hits: 50
Afruz Miah (Md) and another Vs. Alhaj Md. Siraj Miah, 1990, 19 CLC (AD)
.... changes the nature and character of the suit. 9. Dr. Kamal Hossain, learned counsel appearing for the defendant-appellant, submits that the learned Single Judge of he High Court Division acted wrongly in affirming the order of amendment of the plaint which changes the nature and character of ...... present case, the same suffers from no illegality. In the result, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 89. ...... is dismissed without any order as to costs. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 89. ...... present case, the same suffers from no illegality. In the result, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 89. ..Category: Procedural Law | Date: 5 Aug, 1990 | Hits: 91
Abul Kashem and others Vs. The State, 1990, 19 CLC (AD)
....or the appellants relied on a Full Bench decision of the High Court Division (Comilla) in Nurul Huda Vs. Bahar Uddin & ors, 41 DLR 395 in support of his contention that the learned Sessions Judge wrongly transferred the appeal to the Court of Assistant Sessions Judge who had not been invested wi......ication by the impugned dated 22nd November, 1989. Leave was granted to consider whether the Assistant Sessions Judge was invested with the power of hearing the appeal against the order of conviction recorded by a Magistrate, First Class. 3. The Learned Counsel for the appellants relied on a F......ons Judge, Bhola and till then the bail granted by this Court will continue. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 77. ......lowed. The appellants shall appear before the Sessions Judge, Bhola and till then the bail granted by this Court will continue. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 77. ..Category: Criminal Law | Date: 1 Aug, 1990 | Hits: 51
Badsha Mia and others Vs. Abdul Latif Majumder and others, 1990, 19 CLC (AD)
....ond forthwith. The Deputy Commissioner, Comilla will report compliance of the order of this Court within 2(two) months from date. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 10. ......thers ............Respondent Judgment July 30, 1990. Result: The appeal is dismissed. The Contempt of Court Act, 1926 (XII of 1926); Section 3 Whether evidence is to be recorded in deciding the question of Contempt of Court in the absence of denial of allegations ......ill report compliance of the order of this Court within 2(two) months from date. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 10. ......ond forthwith. The Deputy Commissioner, Comilla will report compliance of the order of this Court within 2(two) months from date. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 10. ..Category: Criminal Law | Date: 30 Jul, 1990 | Hits: 59
....ested in the property, he ought to have come for setting aside the auction sale or for declaration that the sale is illegal as provided under sections 22, 23, 34, 36 and 37 of the PDR Act. Rightly or wrongly, under a law that sale took place. Since the provisions are there in the law itself for appr......suit is dismissed on contest against the defendant No. 2 and 3 and ex parte against the rest. But there shall not be any order as to costs.
Ed.
This Case is also Reported in: 43 DLR (1991) 558.
......dant No. 2 and 3 and ex parte against the rest. But there shall not be any order as to costs.
Ed.
This Case is also Reported in: 43 DLR (1991) 558.
...... which are the municipal rent receipts issued in favour of Motilal and Md. Golam Muksud. Ext. N series are the rent receipts which show that Motilal paid rent to the Government. Ext. P series are the khatian showing the names of Golam Muksud and Suruzzaman. Ext. Q and Q(1) are the duplicate carbon c..
Category: Banking Law | Date: 23 Jul, 1990 | Hits: 158
Abdur Rahman Mondal and others Vs. State, 1990, 19 CLC (AD)
....ellate Court for re‑hearing and disposal on the basis of the existing evidence on record in accordance with law. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 17. ......Sessions Judge found that PW 1, the informant, was not an eye-witness to the occurrence. PW 2 is a labourer. PW 3 is an unemployed person. PW 4 has filed a Criminal Case against appellant No. 2. PW 5 recorded the FIR and PW 6 is the 10 of the case. DW 1 an income‑tax practitioner deposed that the ......asis of the existing evidence on record in accordance with law. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 17. ......ellate Court for re‑hearing and disposal on the basis of the existing evidence on record in accordance with law. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 17. ..Category: Criminal Law | Date: 23 Jul, 1990 | Hits: 52
Rahima Khatun (Mst) & others Vs. Daily Rani Dasi, 1990, 19 CLC (AD)
....ct and law, arrived at by the lower Appellate Court. The appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 55. ......on of title and recovery of khas possession of the suit land against appellant No. 1 and the predecessor-in-interest of the other appellants. She produced evidence that one Giribala Baishnabi was the recorded tenant as 'Dakhalkar' of the suit land situated within Rajshahi Municipality in CS ......ithout any order as to costs. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 55. ......y the first Appellate Court should have been interfered with by the High Court Division In second appeal. 8. Mr. MH Khandker, the learned Counsel for the defendant-appellants, submits that a CS khatian, or, in other words, a record of rights, is not a document of title. It does not create or e..Category: Tenancy Law | Date: 17 Jul, 1990 | Hits: 115
Dr. Md. Abdul Baten Vs. State, 1990, 19 CLC (HCD)
.... by the learned Additional Sessions Judge in Revision Case No.381 of 1985 is hereby quashed. Send down the records expeditiously. Ed. This Case is also Reported in: 43 DLR (1991) 60. ...... by the learned Additional Sessions Judge in Revision Case No.381 of 1985 is hereby quashed. Send down the records expeditiously. Ed. This Case is also Reported in: 43 DLR (1991) 60. ......ion Case No.381 of 1985 is hereby quashed. Send down the records expeditiously. Ed. This Case is also Reported in: 43 DLR (1991) 60. ......ding to the Rule, in brief, are, that the petitioner Dr. Mohammad Abdul Baten lodged information with Mirpur Police Station alleging, inter alia, that he purchased 5 kathas of land in plot No. 284 of khatian No. 1057 of mouza Senpara Parbata under Police Station Mirpur, Dhaka from one Noor Mohammad ..Category: Criminal Law | Date: 27 Jun, 1990 | Hits: 110
Abdur Rouf Miah Vs. Fazlur Rahman and others, 1990, 19 CLC (AD)
....ignore the election result submitted by the Presiding Officer and direct fresh poll. Again, even if poll had been taken in a peaceful manner, but the Presiding Officer being influenced by a candidate wrongly counted the ballot papers in favour of a candidate, and if re-counting is prayed for on the ......ent No. 10 contested the election. On conclusion of election in all the Centres the Presiding Officers counted ballot papers Of their respective Centres on the spot in presence of the candidates, and recorded the results in the prescribed Form and forwarded the same in scaled bags to the Returning O...... this observation the petition is dismissed. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 23. ......n a fair and honest manner. But he is also subject to the Election Rules. Subject to this observation the petition is dismissed. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 23. ..Category: Election Law | Date: 27 Jun, 1990 | Hits: 139
Dr. Naimur Rahman and another Vs. Shahbazpur Tea Co. Ltd and another, 1991, 20 CLC (AD)
....g sine die all further proceedings of winding up petitions without taking oral evidence and going into the merit of the cases. The learned advocate further submits that the learned Company Judge also wrongly held that the applications of winding up were not bona fide and the same was made for collat......erve any useful purpose. 12. In the result, these appeals are dismissed with the observation made above. In the facts and circumstances of the case there will be no order as to costs. Ed. ......h the observation made above. In the facts and circumstances of the case there will be no order as to costs. Ed. ......erve any useful purpose. 12. In the result, these appeals are dismissed with the observation made above. In the facts and circumstances of the case there will be no order as to costs. Ed. ..Category: Business or Commercial Law | Date: 19 Jun, 1990 | Hits: 124
Tamizul Haque and another Vs. Shamsul Haque and others, 1990, 19 CLC (AD)
....ion'. Finding to this effect of the courts below is perfectly correct. All these appeals are therefore dismissed with costs. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 34. ......pective shares of the parties was not disputed, but it is the subsequent transfer of 4450 shares of the respondent in favour of the Managing Director and his wife which is disputed. This transfer was recorded in the Share‑register, but the corresponding Annual Returns in Form-E, submitted to the R...... appeals are therefore dismissed with costs. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 34. ......ion'. Finding to this effect of the courts below is perfectly correct. All these appeals are therefore dismissed with costs. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 34. ..Category: Business or Commercial Law | Date: 31 May, 1990 | Hits: 296
Bakul Howlader @ Shamsul Alam Vs. The State, 1990, 19 CLC (AD)
....bail of the appellant. Hence, the appeal is allowed and the bail granted to the appellant by the Upazila Magistrate is confirmed. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 14. ......licted gunshot injury killing victim Motleb. In that case after investigation charge sheet has already been submitted by the Police on 4.8.88. 3. On the self‑same incident another GD Entry was recorded by Abdul Hashem, the maternal uncle of deceased Motleb, alleging, inter alia, that Chunnu C......ed and the bail granted to the appellant by the Upazila Magistrate is confirmed. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 14. ......bail of the appellant. Hence, the appeal is allowed and the bail granted to the appellant by the Upazila Magistrate is confirmed. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 14. ..Category: Criminal Law | Date: 20 May, 1990 | Hits: 100
Ayesha Khatun (Musammat) Vs. Musammat Jahanara Begum & others, 1990, 19 CLC (AD)
....e pre‑emptee purchased a share of the vendor in the case holding by a kabala executed subsequently on 23rd March, 1979 and registered on 22nd July, 1980. It is asserted that the High Court Division wrongly gave the date of the registration of the pre-emptee's kabala as 18th April 1979. It is c...... per provision of section 96 of the State Acquisition and Tenancy Act. In the result, the appeal is dismissed. No costs. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 9. ......he result, the appeal is dismissed. No costs. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 9. ...... per provision of section 96 of the State Acquisition and Tenancy Act. In the result, the appeal is dismissed. No costs. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 9. ..Category: Property Law | Date: 11 Apr, 1990 | Hits: 47
Aftabuddin Fakir Vs. Sowdagar Rabi Das & others, 1990, 19 CLC (HCD)
....ion laid down in Order XLI rule 31 CPC. In the result, the Rule is made absolute as indicated above without any order as to cost. Ed. This Case is also Reported in: 43 DLR (1991) 42. ......nd of the suit plot by the father of the defendant No.2 and on the death of the father of the plaintiff, plaintiffs were also allowed to reside therein and in the recent khatian their names have been recorded. Defendant No.1 has been cultivating the suit land as a bargadar under defendant No.2. Plai...... cost. Ed. This Case is also Reported in: 43 DLR (1991) 42. ......d to reside on 0.08 acre of land of the suit plot by the father of the defendant No.2 and on the death of the father of the plaintiff, plaintiffs were also allowed to reside therein and in the recent khatian their names have been recorded. Defendant No.1 has been cultivating the suit land as a barga..Category: Civil Law | Date: 29 Mar, 1990 | Hits: 65
Ataur Rahman & others Vs. State, 1990, 19 CLC (HCD)
....utmost caution Enmity is a double-edged weapon providing motive for offence as well as for false implication. Evidence in such case needs to be scrutinised with care so that guilty person is not wrongly acquitted on the plea of enmity nor innocent person wrongly convicted on that basis...............ected to surrender to his bail bond and to serve out the sentence. Appeal No.10 of 1985 is dismissed and order of acquittal is upheld. Ed. This Case is also Reported in: 43 DLR (1991) 87. ......ut the sentence. Appeal No.10 of 1985 is dismissed and order of acquittal is upheld. Ed. This Case is also Reported in: 43 DLR (1991) 87. ......ected to surrender to his bail bond and to serve out the sentence. Appeal No.10 of 1985 is dismissed and order of acquittal is upheld. Ed. This Case is also Reported in: 43 DLR (1991) 87. ..Category: Criminal Law | Date: 14 Mar, 1990 | Hits: 65
Azima Begum Vs. Yusuf Khan (Md) and others, 1990, 19 CLC (AD)
....rst Information Report with Boalia Police Station, Rajshahi alleging that on 30.6.85 at 11-00 AM. One Md. Aslam Sarker forcibly kidnapped his minor sister, the appellant, on her way to school and was wrongly confined against her will and was not allowed to return to her father's house whereupon ......and the parties will be at liberty to take such steps as advised for hearing of the Rule. The appeal is, therefore, allowed. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 53. ......teps as advised for hearing of the Rule. The appeal is, therefore, allowed. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 53. ......and the parties will be at liberty to take such steps as advised for hearing of the Rule. The appeal is, therefore, allowed. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 53. ..Category: Criminal Law | Date: 14 Feb, 1990 | Hits: 58
Monindra Kumar Malaker Vs. State, 1989, 18 CLC (HCD)
....ce by us. In the result, this appeal is dismissed and the judgment of acquittal passed by the Special Tribunal is hereby affirmed. Ed. This Case is also Reported in: 42 DLR (HCD) (1990) 349. ......Shailabala Paul and Laxmi Rani did not state to him that at the time of birth of Uma Rani they were present. At the time of recovery of Uma Rani her father was with him. The statement of Uma Rani was recorded by the Magistrate. After recovery Uma Rani refused to go with her father and she claimed he......issed and the judgment of acquittal passed by the Special Tribunal is hereby affirmed. Ed. This Case is also Reported in: 42 DLR (HCD) (1990) 349. ......ce by us. In the result, this appeal is dismissed and the judgment of acquittal passed by the Special Tribunal is hereby affirmed. Ed. This Case is also Reported in: 42 DLR (HCD) (1990) 349. ..Category: Women and Children | Date: 16 Aug, 1989 | Hits: 153
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