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M/s. Standard Match Factory Ltd Vs. Chairman, First Labour Court, Chittagong, 2006, 35 CLC (AD)
.... is allowed without an order as to costs and the judgment and order dated 29.8.92 passed by the Labour Court, Chittagong is set aside. The Trade Union Case No. 22 of 1988 is allowed. Ed. ......union does not cease to exist merely on the ground of retrenchment of all workers, if they can retain their membership with the union as per provision of S.7-A(1)(b) of the said Ordinance and accordingly a trade union does not become non-existent merely on the ground of the retrenchment of ...... Ed. ...... the ground of shortage of raw materials and chemicals, but there is no cogent evidence before the Labour Court to hold that the notice was duly issued under the relevant provisions of law and there was no lawful and valid notice in support of the case of the respondent No.3 that the..Category: Labour and Industrial Law | Date: | Hits: 131
Pubali Bank Limited Vs. Bangladesh, 2006, 35 CLC (AD)
....ourt as not abandoned property. 21. In the background of the discussions made hereinabove we find no merit in the appeal. Accordingly the appeal is dismissed with costs. Ed. ......ourt as not abandoned property. 21. In the background of the discussions made hereinabove we find no merit in the appeal. Accordingly the appeal is dismissed with costs. Ed. ......nt: July 31, 2005. Lawyers Involved: Saiah Uddin Ahmed, Advocate, instructed by Md. Nawab Ali, Advocate-on-Record- For the Appellant. Fida M. Kamal, Additional Attorney General, instructed by Mvi. Md. Wahidullah, Advocate-on -Record- For Respondent Nos. 1 and 2......the contentions that the High Court Division misdirected itself in discharging the Rule in that it was no where found that the impugned order dated 14.12.1991 (Annexure-D to the writ petition) was lawfully passed under proper lawful authority, that the High Court Division not only misread the op..Category: Property Law | Date: | Hits: 38
Sonali Bank Vs. Md. Sirajul Hoque Chowdhury and others, 2006, 35 CLC (AD)
....has quite legally filed the suit impleading the defendant Nos. 3 and 4 as the defendants along with others. Accordingly the appeal is dismissed. There is no order as to costs. Ed. ......has quite legally filed the suit impleading the defendant Nos. 3 and 4 as the defendants along with others. Accordingly the appeal is dismissed. There is no order as to costs. Ed. ...................Appellant Vs Md. Sirajul Hoque Chowdhury and others…………….........Respondents Judgement June 27, 2004. Case Referred to- Bangladesh Railway Vs. M/s. Sinaf Racht Chartering and Ship Broking Corporation, 5 BLD (......an in question has been clearly made out in paragraphs 4 and 5 of the plaint, but the High Court Division as well as the court below upon a total non-consideration of the facts of the case and the law on the subject illegally caused the names of the defendant Nos. 3 and 4 to be struck out from t..Category: Banking Law | Date: | Hits: 129
Government of Bangladesh Vs. Hasrat Mohani and others, 2006, 35 CLC (AD)
....e further submits that the suit itself instituted by the plaintiff respondents is not maintainable and as such the impugned judgment and order of the High Court division caused serious miscarriage of justice. The learned Deputy Attorney General referring to the decision in the case of Abdul Kader Mo......out of time by 4578 days with an application for condonation of delay under section 5 of the Limitation Act. The learned Additional District Judge found that the defendant could explain the delay and accordingly the lower appellate court condoned the delay and accepted the memorandum of appeal holdi......Fazlul Karim J Amirul Kabir Chowdhury J Government of Bangladesh………....Appellant Vs. Hasrat Mohani and others............Respondents Judgement June 21, 2005. Case Referred to- Abdul Kader Mondal and others Vs Shamsur Rahman Chowdhury alias Shamsur Rahman Saha, 51 DLR(A...... that the learned Additional District Judge being last court of fact decided the point of limitation in favour of the appellant condoning the delay and the question being a mixed question of fact and law, the High Court Division committed error of law in reversing the finding of fact without any cog..Category: Limitation Law | Date: | Hits: 156
Md. Saidur Rahman Shahid Vs. State, 2006, 35 CLC (AD)
....he accused petitioner could not show any illegality or irregularity in the judgment and order of the High Court Division and as such the application for leave to appeal is dismissed. Ed. ......he accused petitioner could not show any illegality or irregularity in the judgment and order of the High Court Division and as such the application for leave to appeal is dismissed. Ed. ...... Lawyers Involved: Ozair Farooq, Senior Advocate, instructed by Md. Nawab Ali, Advocate-On-Record- For the Petitioner Not represented- Respondents Criminal Petition for Leave to Appeal No. 103 of 2003. Judgment ......ps by judgment and order dated 17.6.2003 rejected the said criminal revision summarily. 3. Mr. Ozair Farooq, learned advocate for the petitioner argued that the High Court Division erred in law in passing the judgment and order inasmuch as Sub-section 3(B) of Section 173 of the Code of Cr..Category: Criminal Law | Date: | Hits: 102
University of Rajshahi Vs. Md. Abdul Mannan Bhuiyan and others, 2006, 35 CLC (AD)
....r was recommended by the Chairman of the Department of Law. The writ-petitioner having not heard anything from the authority of the Rajshahi University (the University) he served a notice demanding justice (on 16.2.2002) by way of re-examination of his answer script in the administrative Law (13t......have no respect for the ethics and values of the profession. In the background of the aforesaid discussions the petition for leave to appeal is dismissed with cost of Tk. 15,000/-. Ed. ......ajshahi, represented by the Vice Chancellor............Petitioner Vs Md. Abdul Mannan Bhuiyan and others.......Respondents Judgement June 13, 2005. Cases Referred to- 3 BLC (AD) 45. Lawyers Involved: Md. Abdul Jabbar, Advocate, instructed b......wo months from the date of receipt of the judgment. The High Court Division made further direction that "the re-examination and re-evaluation should be done impartially and in accordance with law". 2. The writ-petition was filed in the background of the facts that the writ-peti..Category: Civil Law | Date: | Hits: 97
Robert Pinaru Vs. Moulana Habibur Rahman and others, 2006, 35 CLC (AD)
....he appellate Court affirming the judgment and decree of the trial Court is restored. There is no order as to costs. Ed. This Case is also Reported in: I ADC (2004) 421. ...... as 'particular instances' in which the right or custom in question was claimed or modified, recognized, asserted or denied .....judgments, not inter parties, are admissible in evidence under which according to the High Court Division was section 13 of the Evidence Act". 15. It......n J Robert Pinaru....................Appellant Vs. Moulana Habibur Rahman and others…….....Respondents Judgment April 7, 2003. Cases Referred to- 41 DLR (AD) 1997; Malik Din and another Vs. Mohammad Aslam, 21 DLR, 95; Alauddin Mia an...... the trial Court as well as by the appellate Court in respect of the deed of defendant No. 8 placing reliance on the judgment of the Title Suit No. 626 of 1975 and Appeal No. 92 of 1979 was bad in law. The High Court Division further was of the view that the land as to which decree for khas poss..Category: Property Law | Date: | Hits: 48
State Vs. Khandker Zillul Bari and other, 2006, 35 CLC (AD)
....s and shouldered the same on Allah. This sort of disposal of criminal appeal is quite unknown to our criminal jurisprudence and we, therefore, disprove this unwarranted method of administration of justice…………………..(40) Lawyers Involved: ......ed materials on the basis of which he came to the opinion that the respondents along with other co-accused (since acquitted by the trial Court) were responsible for causing the murder of Chapa. He accordingly, submitted final report (true) in respect of the Ejahar filed by Nasiruddin Jamal and s...... Khandker Zillul Bari and others.....Respondents Judgment May 2, 2005. The Evidence Act, 1872 (I of 1872), Section 106 Normally, there is no burden on the accused to offer the reason of death of a person for which he is tried. But the deceased living with the ac......her under section 307/34 of the Penal Code for attempting to cause murder of Shakkhar (2), son of the victim Chapa, in furtherance of their common intention. The deceased Chapa was the daughter-in-law of one Khalilur Rahman, a rich business of Barisal. He has several sons and daughters living in..Category: Criminal Law | Date: | Hits: 129
Abdus Salam Vs. Samala Bibi and others, 2008, 37 CLC (AD)
....nations offered for condonation of delay are far from satisfactory. 10. In the aforesaid premises, this petition merits no consideration. Accordingly, it is dismissed. Ed. ......nations offered for condonation of delay are far from satisfactory. 10. In the aforesaid premises, this petition merits no consideration. Accordingly, it is dismissed. Ed. ......, 2002. Lawyers Involved: Md. Nowab Ali, Advocate-on-Record- For the Petitioner Not represented- For the Respondents - For the Respondents Criminal Petition for Leave to Appeal No. 43 of 2001. (From the judgment and order elated 7-12-2000 passed by the High C......ate for trial. The accused-petitioner appeared before him and prayed for bail on the ground among other that the aforesaid G.R. Case is not maintainable against him as the same is barred under the law and the Magistrate upon hearing enlarged the petitioner on bail and fixed the date for hearing ..Category: Criminal Law | Date: | Hits: 37
Hotel Agrabad Ltd. CTG Vs. Chairman, First Labour Court, Khatungonj, CTG & ors, 2008, 37 CLC (AD)
....ce the impugned Judgment passed in the aforesaid two writ petitions deserves no interference by this court. Both the appeals are accordingly dismissed without any order as to costs. Ed. ......ry relief to the respondent workers in accordance with law. Hence the impugned Judgment passed in the aforesaid two writ petitions deserves no interference by this court. Both the appeals are accordingly dismissed without any order as to costs. Ed. ......: J. R. Mudassir Husain CJ Mohammad Fazlul Karim J Amirul Kabir Chowdhury J Md. Joynul Abedin J Hotel Agrabad Ltd. Chittagong, represented by its Managing Director........Appellant (In both the cases) Vs. The Chairman, First Labour Court, Khatung......making a direction in the impugned judgment to implement the scheme under the said Act, 1968. Hence the impugned judgment and order passed in the aforesaid two writ petitions is not sustainable in law. 9. Mr. A. Mannan, the learned Counsel for the respondent workers dismissed the above co..Category: Labour and Industrial Law | Date: | Hits: 95
Government of the People's Republic of Bangladesh Vs. Md. Fariduddin Talukder, 2008, 37 CLC (AD)
....ground to interfere with the judgment of the High Court Division. Accordingly, this petition is dismissed. Ed. This Case is also Reported in: 61 DLR (AD) (2009) 111. ......ground to interfere with the judgment of the High Court Division. Accordingly, this petition is dismissed. Ed. This Case is also Reported in: 61 DLR (AD) (2009) 111. ......ers. Vs. Md. Fariduddin Talukder...................................Respondent Judgment April 21, 2004. Lawyers Involved: Abdur Razzaque Khan, Additional Attorney General, instructed by Md. Firoz Shah, Advocate- on-Record- For the petitioners Not r......ion as enumerated in section 12 of the Ordinance that is "where any proceedings have been initiated for the removal of the Chairman under section 12 or where any criminal proceedings under any law have been started against such Chairman or where on an enquiry by the Government, he is found ..Category: Civil Law | Date: | Hits: 104
Md. Faruque Reza and another Vs. Most.Hossena Ara Begum and others, 2008, 37 CLC (AD)
....ereafter the same was made final inasmuch as they have got the shares in the land under partition. As the petitioners challenging the said decree instituted Title Suit No.483 of 1979 so for ends of justice the further proceedings of the execution case is liable to be stayed. He further submits t......is hereby approved. 9. In view of the above, there is no substance in the submission of the learned Advocate-on- Record for the petitioners. The petition is dismissed. Ed. ...... Md. Faruque Reza and another..............Petitioners. Vs. Most.Hossena Ara Begum and others.................Respondents. Judgment March7, 2004 Cases Referred to- Shawkat vs. Bhimeshwari, AIR 1978 SC 528. Aftab Ahmed vs. Moinuddin Zaigirdar and anothe...... a long ordeal at different stages of the suit and on the same principle the word 'may' can not be read as 'shall'. 8. The High Court Division in the instant case considered the principle of law and did not find favour with the petitioner. The proposition in the case of Aftab Ahmed Vs. Moi..Category: Property Law | Date: | Hits: 34
State Vs. Omar Ahmed, 2008, 37 CLC (AD)
....edients of Section 526(4)(d) and (e) of the Code of Criminal Procedure in its proper perspective so far it relates to general convenience of parties or witnesses or expedience for the ends of justice and thus fell into error in transferring the case from Barisal Druta Bichar Tribunal to Khu......f the discussion made above, we are of the view that the High Court Division was not justified in transferring the case from Druta Bichar Tribunal, Barisal to Khulna. The appeal is accordingly allowed. Ed. ......lant Vs. Omar Ahmed……………..Respondent. Judgment December 6, 2007. Lawyers Involved: Salah Uddin Ahmed, Additional Attorney General, instructed by Mvi. Md. Wahidullah, Advocate- on-Record, For the Appellant. ......Criminal Procedure and the High Court Division allowed transfer of the case from Barisal to Khulna. 5. Leave was granted to consider the submission that the High Court Division erred in law in failing to consider the ingredients of Section 526(4)(d) and (e) of the Code of Criminal Pro..Category: Criminal Law | Date: | Hits: 41
....o the decision of the High Court Division does not call for any interference.
The petitions are dismissed.
Ed.
This Case is also Reported in: 60 DLR (AD) (2008) 24, 19 BLT (AD) (2011) 07.
......o the decision of the High Court Division does not call for any interference.
The petitions are dismissed.
Ed.
This Case is also Reported in: 60 DLR (AD) (2008) 24, 19 BLT (AD) (2011) 07.
......achan Jieu Thakur & Anr................Respondents (In Civil Petition Nos. 95-96 of 2007)
Biswajit Dutta (Bulu)................Respondent (In Civil Petition No. 97 of 2007)
Judgment
October 3, 2007.
Hindu Law
Shebait
Binod Behari Dutta ceased to be a shebait of the deity aft.......
10. As it appears in the case of Bhuban Mohan Koley vs. Narendra Nath Konwar 35 CWN 478, it was held as follows:-
"Dr. Mukherji seems to proceed on an assumption which is not justified by law that the shebaits have some sort of vested interest in the debutter property of which they canno..
Category: Civil Law | Date: | Hits: 111
Capt. Mir Mazharul Huq Vs. Bangladesh Biman Corporation And Others, 2008, 37 CLC (AD)
.... The appeal is allowed with the aforesaid direction to the Respondents. There is no order as to costs. Ed. This Case is also Reported in: 60 DLR (AD) (2008) 21. ...... The appeal is allowed with the aforesaid direction to the Respondents. There is no order as to costs. Ed. This Case is also Reported in: 60 DLR (AD) (2008) 21. ...... the appellant passed by the Bangladesh Biman Corporation under Regulation 11A(2) of the Regulations is not sustainable as the employees of Biman being public servants only the Government has power to retire them under section 9(2) of the Public Servant (Retirement) Act 1974……&helli......rvation and finding the High Court Division discharged the Rule. 9. Leave was granted for consideration of the submission that Bangladesh Biman Corporation had no power under the law to retire the appellant compulsorily from service on completion of 25 (twenty five) years of se..Category: Employment/Service Law | Date: | Hits: 79
Alauddin Bhuiyan (Md) Vs. State, 2008, 37 CLC (AD)
....nd the allegations leveled against him. 7. In view of above, we find no substance in the submissions of the learned Advocate for the petitioner. Accordingly, this petition is dismissed. Ed. ......nd the allegations leveled against him. 7. In view of above, we find no substance in the submissions of the learned Advocate for the petitioner. Accordingly, this petition is dismissed. Ed. ......s Involved: Habibul Islam Bhuiyan, Senior Advocate, instructed by Md Sajjadul Huq, Advocate-on- Record—For the Respondent. Not represented—Respondent (State). Criminal Petition for Leave to Appeal No. 13 of 2005. (From the judgment and order dated 25th July 2004 passed by the High Co......ce under the said offence. 5. Mr. Habibul Islam Bhuiyan, learned Counsel, appearing for the petitioner submits that the learned Single Judge of the High Court Division fell into a serious error of law in dismissing the appeal without considering the defence case that the appellant deposited the..Category: Anti-Corruption Laws | Date: | Hits: 90
Sahera Khatun & others Vs. Abdur Rahim SK and another, 2008, 37 CLC (AD)
....e. the respondent, is evidently being barred under section 195(l)(c) of the Code of Criminal Procedure, the proceeding of the Complaint Case No, 520(1) 1995 is liable to be quashed in the interest of justice, that there being two conflicting views of the two Division Benches of the High Court Divisi......try. In the background of the discussions made hereinabove, we find no merit in the appeal. Accordingly, the appeal is dismissed. Ed. This Case is also Reported in: 19 BLT (AD) (2011) 21. ......rim J MM Ruhul Amin J Sahera Khatun & others…………………..Appellants Vs. Abdur Rahim SK and another............Respondent Judgment August 22, 2007. Cases Referred to- Idrish All and another vs State 38 DLR 270; Thakur Nirman Singh vs Thakur Lal Rudra Partab Na......f the proceeding of Complaint Case No. 520(1) of 1995 amounts to an abuse of the process of the Court. 5. The High Court Division discharged the Rule upon observing "An analysis of the different laws regarding the meaning of the term "Court" and the opinion of authors on the subject makes it cl..Category: Criminal Law | Date: | Hits: 48
Abdus Salam Mollah Vs. State, 2008, 37 CLC (AD)
....trial Court and affirmed by the High Court Division. The appellant be set at liberty at once, if not wanted in any other connection. Ed. This Case is also Reported in: 20 BLT (AD) (2012) 14. ......trial Court and affirmed by the High Court Division. The appellant be set at liberty at once, if not wanted in any other connection. Ed. This Case is also Reported in: 20 BLT (AD) (2012) 14. ............Respondent Judgment August 20, 2007. Result: The appeal is allowed. Cases Referred to- Bhuponi Shahu vs King AIR 1949 PC 257; Lutfun Nahar Begum vs State 27 DLR (AD) 29; Babor All ......rsons and the confession so made is proved voluntary and true, the Court may take into consideration such confession as against other accuseds as well as the accused who has made such confession. The law is now settled that confession of an accused can be used against the non-confessing accused in f..Category: Criminal Law | Date: | Hits: 63
Abdul Motalib Vs. Iman Ali Mollah and others, 1990, 19 CLC (AD)
.... Court and the lower appellate Court correctly decided the issue of limitation. The appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 123. ...... Court and the lower appellate Court correctly decided the issue of limitation. The appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 123. ...... ATM Afzal J Mustafa Kamal J Latifur Rahman J Abdul Motalib..................…………………...Pre-emptee-Appellant Vs. Iman Ali Mollah and others.....................Pre-emptor-Respondents Judgment March 14, 1990. Result: The appeal is dismissed. The State......resulting in the disposal of the revisional case in the absence of the appellant and without his knowledge. 3. Leave was also granted to consider whether the trial Court ignored the provision of law in holding that limitation would start from the date when the fact of registration was entered..Category: Procedural Law | Date: | Hits: 119
Mahmudun Nabi (Md) Vs. Mafizur Rahman Manju and others, 1989, 18 CLC (AD)
....lt, therefore, this appeal is allowed and the judgment and order of the High Court Division is set aside without any order as to cost. Ed. This Case is also reported in: 42 DLR (AD) (1990) 120.......espondent did not get release from the contractual obligation by the Upazila Administration. In this view of the matter it was held that respondent No.1 was disqualified from being a candidate and, accordingly, allowed the appeal. 6. In Revision the High Court Division took the view that respon......a Administration Re-Organisation) Ordinance, 1982 (Ordinance No. 59 of 1982) Section 6(2)(f) Considering the evidence that has been adduced in this case it is found that the respondent was a party to a contract with the Upazila Parishad and his pecuniary interest had continued at the time when he......y to a contract with the Upazila Parishad and his pecuniary interest had continued at the time when he contested the election and continued after the election. As such he comes within the mischief of law as a disqualified person. Cases Referred to— Md. Mostafa Hossain Vs. Md. Faruque and an..Category: Election Law | Date: | Hits: 134
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