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Mafu alias Mafizuddin Gazi Vs. The State, 1975, 4 CLC (HCD)
....ted that they all be set at liberty at once if not wanted in any other case. The appeal is allowed. A.T.M. Masud J.-I agree. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 16 ......ted that they all be set at liberty at once if not wanted in any other case. The appeal is allowed. A.T.M. Masud J.-I agree. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 16 ......bsp;B.P.C and sentenced to transportation for life, for murdering one Hasan Ali Chowkidar. 2. The prosecution case is that Hasan Ali Chowkidar and the accused persons were the inhabitants of village North Algi within chandpur Police Station of Comilla District. About 500 cubits west of the hous..Category: Criminal Law | Date: 21 Jan, 1975 | Hits: 2
.... the satisfaction of the decree passed in Money Suit No. 3 of 1960.
A.S. Faizul Islam Chowdhury J. - I agree.
Ed.
This Case is also Reported in: 27 DLR (HCD) (1975) 523
......case, the Trial court rejected the plea of the plaintiff on the question of interest and accepted the claim on the Bank. The money suit which was instituted by the Bank has therefore, been decreed in full. There has been no appeal against the said decree, as has been mentioned earlier.
7. On th......ith monthly rests, which was a fraudulent insertion subsequently made by the defendant Bank and was absolutely illegal and unjust. The plaintiff received a registered notice dated 31.8.54 from the Manager of the Bank intimating that unless the plaintiff redeemed he hypothecated goods within a for ti..
Category: Banking Law, Contract Law | Date: 9 Jan, 1975 | Hits: 3
Abul Hossain and another Vs. Farrok Ahmed and another, 1974, 3 CLC (AD)
....e case is remanded to the said Division for disposal in accordance with law and in the light of the observations made above. Ed. This Case is also Reported in: 21 BLT (AD) (2013) 150. ......se No. 597 of 1973) under section 364 of the penal Code was started on a First Information Report lodged by Respondent No.1 on 13.7.73 alleging that the appellants along with 5 others, adducted his full brother Kanchan Mian on 11.07.73 in order that Kanchan Mian might be murdered. The appellants ......e case is remanded to the said Division for disposal in accordance with law and in the light of the observations made above. Ed. This Case is also Reported in: 21 BLT (AD) (2013) 150. ..Category: Limitation Law | Date: 18 Dec, 1974 | Hits: 7
Aminul Islam and others Vs. M/s. James Finlay & Co. Ltd. Khulna, 1974, 3 CLC (AD)
....tion 19 of the Employment of Labour (Standing Orders) Act, 1965 These two appeals are disposed of accordingly without any order as to costs. Ed. This Case is also Reported in: ......y;vices was not a worker as defined in section 2 (s) and the dispute raised by him along with 6 others was not a labour dispute within the meaning of section 2 (k) of the Act. 6. After giving a full hearing to both the parties, the Labour Court held that the order of termination of the service......quot;You are hereby advised that your employment with the Company is terminated with effect from 31st March, 1967." ''In lieu of 90 days notice the Company prefers to pay your wages for that period in addition to compensation at the rate of 14 days' wages for every complet..Category: Labour and Industrial Law | Date: 3 May, 1974 | Hits: 134
Tafur Uddin Vs. The State, 1974, 3 CLC (HCD)
....cumstances, the Rule is made absolute and the petitioner is ordered to be set at liberty at once. A.T.M. Masud J. - I agree. Ed. This Case is also Reported in: 27 DLR (HCD) (1975) 18 ......es. Excepting the confession of the self-styled "General" Habib Khan which finds mention in the forwarding note of the Inspector of Police to the S.D.O. (S), Dacca, which has been quoted in full above, no other facts have been placed before us to show that the petitioner was indulging or a......an unlawful manner.” It may be mentioned that the provisions of Article 102 of the Constitution of Bangladesh are similar to those of Article 98 referred to in the above passage. 10. As under President's Order No. 48 of 1972 certain adaptations to the existing laws..Category: Criminal Law | Date: 8 Mar, 1974 | Hits: 2
Abdul Majid Bepari Vs. Kashem Ali Maloo, 1974, 3 CLC (HCD)
....to produce necessary evidence in support of their respective cases. There shall be no order as to costs in this Rule. Ed. This Case is also Reported in: 27 DLR (HCD) (1975) 1. ...... of the order of the High Court upon an appeal being preferred thereto, the judgment of the High Court ceased to be operative in law and therefore the provisions of the Ordinance were applicable with full force in respect of the auction sale which has been held. 8. I do not think that this cont......0 DLR (SC) 144; Haseam Vs. Tribunal, PLD 1959 Kar. 286; She ppard Vs. Wheeling (30 W. Virginia 479) and Court of Iowa in State of Iowa. O. Neil (147 Iowa 593); Norton Vs. Shelby Co. (118 U.S.425) at page 10; Kasharan Madhaban Menon Vs. State of Bombay, AIR 1951 SC 128; Saghir Ahmed Vs. State of Utta..Category: Civil Law, Constitutional Law | Date: 22 Jan, 1974 | Hits: 8
Nurul Alam Vs. The Chairman, Second Labour Court of East Pakistan and others, 1973, 2 CLC (HCD)
.... The Rule is accordingly made absolute but we make no order as to costs. Badrul Haider Chowdhury J. - I agree. Ed. This Case is also Reported in: 27 DLR (HCD) (1975) 244 ...... governed by the provisions of the Shops and Establishment Act, 1965. He claimed that according to section 4 of this Act he will be allowed one and half days "consecutive holidays with full wages in a week. He therefore called upon the respondent company to revise the working hours in......1973. Result: The Rule is made absolute. Cases Referred to- J.K. Cotton Spinning & Weaving Mills Co. Ltd. Vs. Labor Appellate Tribunal of India (1964) 5 P.L.C. 39; Ramainshan Jageshar Vs. Bombay Gas Co. Ltd., AIR 1961 Bom. 184; A.I.R. 1927 Mad 345; A.I.R. 1928 Lah. 78; A..Category: Labour and Industrial Law | Date: 30 Jul, 1973 | Hits: 2
Mir Alauddin Ahmed Vs. Province of E. P. (Bangladesh) & others, 1973, 2 CLC (HCD)
....de absolute. There will be no order as to costs. Fazle Munim J.- I agree. Ed. This Case is also Reported in: 27 DLR (HCD) (1975) 393 ......n Ahmed, the accused issued and despatched letters. The Despatcher and the H/C nave maintained that this was done without their knowledge and consent. This is hardly believable, The Issue Register is full of entries made in the hand writing of accused which shows that it was not the solitary instanc......r rules and orders the stock could not be lifted without the assistance of the Marketing Operation Officer. As a matter of fact the commodity was sold in the black market by M/s. Mosharraf Hossain Manager of M/s. Hasina Rice Mills, Kalmegha under Patharghata Police Station. A criminal case was insti..Category: Administrative Law, Employment/Service Law | Date: 13 Jul, 1973 | Hits: 1
Rajendra Shirali and others Vs. Mahadev Shirali, 1973, 2 CLC (HCD)
....tegories." I therefore, do not find any substance in this Rule. The rule is discharged without any order as to costs. Ed. This Case is also Reported in: 27 DLR (HCD) (1975) 232. ...... in the case of a preliminary decree is also on the same basis that in the case of such a decree the court does not become functus officio but still retains control over the action and therefore, has full power to make necessary orders therein including an order for the extension of time. This disti...... for which he is not to be blamed, the court can certainly invoke its inherent powers for doing justice to the party. Although the inherent power of a court to do justice as will appear from the language used in section 151 of the Code, does not contemplate any restriction on its exercise ..Category: Contract Law | Date: 11 Jul, 1973 | Hits: 1
....esire, to re agitate the matter before the Labor Court.
We make no order as to costs.
M.N. Huda J.- I agree.
This Case is also Reported in: 27 DLR (HCD) (1975) 158.
......hus:
“34(1) While giving an award or a decision the Chairman shall consider the advice, given to him by the Members of the Court although he may not be bound to accept the advice either in full or part. Such advice may be given orally during day to day hearing of a case and finally it sha......ce, as it was not possible for him to use that cheque. He also found that whatever the employee did, he did in the bona fide discharge of his duty. He, therefore, ordered reinstatement with all back wages. The order was enforceable within thirty days of the order of the Labor Court which was made on..
Category: Labour and Industrial Law | Date: 9 Apr, 1973 | Hits: 1
Md. Abdul Huq Miah, Advocate Vs. Additional District Judge, 1973, 2 CLC (HCD)
....is vacated. We, however, direct that the parties do bear their own costs in this Rule. K.M. Subhan J.- I agree. Ed. This Case is also Reported in: 27 DLR (HCD) (1975) 163 ......is vacated. We, however, direct that the parties do bear their own costs in this Rule. K.M. Subhan J.- I agree. Ed. This Case is also Reported in: 27 DLR (HCD) (1975) 163 ...... said holding by a kabala dated 11-12-64 from his wife Mrs. Afioz Jahan. He is a Government servant and took house building loan of Tk. 5,808/- from the Government keeping holding in question in mortgage to the Government and constructed two pucca room and one katcha room thereon. He took electricit..Category: Arbitration Law | Date: 20 Mar, 1973 | Hits: 4
Seru Mia Vs. Fajilatennessa and others, 1973, 2 CLC (HCD)
.... is dismissed with cost. The judgment and decree passed by the lower appellate court are hereby affirmed. Ed. This Case is also Reported in: 31 DLR (HCD) (1979)159 ......ase of Ratish Chandra Mridha Vs. Hara Krishana Goldar and others (1963) 13 DLR 634, wherein 11 has been clearly held that the benefit arising out of a contract of repurchase is assignable. I have carefully gone through the decision. It appears that the learned Judges very elaborately discussed this ...... is dismissed. Cases Referred to- Ratish Chandra Mridha Vs. Hara Krishana Goldar and others (1963) 13 DLR 634; Sakalaguma Nayudu and another Vs. Chinua Manuswami Nayakar, A.I.R. 1928 (P.C) page 174; Bishweswar Narsabhatta Gaddnda Vs. Durgappa Irappa Bhatkhar in A.I.R. 1940 Bombay page 339;..Category: Property Law | Date: 8 Jan, 1973 | Hits: 2
Mrs. June Ferguson & others Vs. Ameenur Rasheed Chaudhury and others, 1972, 1 CLC (HCD)
....ircumstances of the case, we direct that the suit may expeditiously be disposed of. Sayem, CJ. — I agree This Case is also Reported in: 27 DLR (HCD) (1973) 1 ......eciation of the point involved in the case, the relevant portions of the Annexure ''A" to the plaint are quoted below:— 'WHEREAS THE FIRST PARTY having been seized lawfully with the Loobacherra Tea Estate, situated under Police station Kanaighat. Sub-Regis-tar's ......y in suit which is known as Loobacharra Tea Estate and also for a declaration that the defendants have no right or authority or jurisdiction to disturb the plaintiff's possession and management of the Tea Estate There is also a prayer in this plaint for an injunction restraining the de..Category: Property Law | Date: 5 Jul, 1972 | Hits: 0
Muhammad Siddiq Vs. Mst. Ghafuran Bibi, 1971, I CLC (AD)
.... the respondent will be paid to the extent of Rs. 1000/- only. The balance if any left ever, will be returned to the appellant. Ed. This Case is also Reported in: 25 DLR (SC) (1973) 1. ...... the respondent will be paid to the extent of Rs. 1000/- only. The balance if any left ever, will be returned to the appellant. Ed. This Case is also Reported in: 25 DLR (SC) (1973) 1. ......edure, 1908 (V of 1908), section 53, Order VI, rule 17 The High Court was in error in granting a divorce by way of khula when the plaintiff failed to establish her claim for dissolution of marriage on the ground of cruelty and non-maintenance and in the absence of any prayer for khula divorce ..Category: Family Law | Date: 11 Nov, 1970 | Hits: 195
Mojibor Rahman Mullick and another Vs. Tobarak Majhi, 1972, 1 CLC (AD)
.... the impugned order. The Rule is accordingly discharged with this modification of the impugned order that the last paragraph thereof is deleted. Ed. This Case is also Reported in: ......lleged that earlier the petitioners before me had searched for the signatories therein in a public meeting attended by them with a view to murdering them, indisputably the meeting had passed off peacefully. 4. Having prefaced his arguments in the manner noted above, Mr. Ataur Rahman Khan conte......brancer—For the State. Criminal Revision No.432 of 1970. Judgment AM Sayem J.- This rule was issued at the instance of Mojibor Rahman Mullick, Sardar and Syed Ali Mullick, all of village Sonarang PS Tangibari, within Munshiganj Subdivision. By the impugned order, the Sub divisional ..Category: Criminal Law | Date: 15 Sep, 1970 | Hits: 76
Rai Kishori Saha Vs. Md. Motaleb Ali and Others, 1892, 11 CLC (HCD)
....he State Acquisition and Tenancy Act is restored. This Rule is, therefore, made absolute without any Order as to cost. Ed. This Case is also Reported in: 34 DLR (HCD) (1982)178 ......on and Tenancy Act as she has only a life interest in the property in question. Notwithstanding the fact that a widow has life interest in the property in question during her life time, she remains a full owner thereof with complete right of acquisition and disposition subject to Law. Such a widow c......he State Acquisition and Tenancy Act is restored. This Rule is, therefore, made absolute without any Order as to cost. Ed. This Case is also Reported in: 34 DLR (HCD) (1982)178 ..Category: Property Law | Date: | Hits: 3
....mature stage.
Accordingly, the Rule in this petition should be discharged for the reasons stated herein before.
Ed.
This Case is also Reported in: 27 DLR (HCD) (1975) 602
......affected by it. As the answers to those contentions would largely depend on the interpretation of the scope and meaning of the provisions of section 9 of the Ordinance it is quoted below in full :
“9. Suspension or dissolution of governing bodies of registered agencies:
(1)......NO. DSW/S-V/R-10 4720 / 73
Dated: 26-7-73.
ORDER
Whereas it has been reported to the undersigned that the Governing Body of the Bangladesh National Society for the Blind, 6 Orphanage Road, Dacca has not been functioning properly due to lack of co-operation, co-ordination and goo..
Category: Constitutional Law | Date: | Hits: 2
Mojibur Rahman Gazi Vs. State, 1993, 22 CLC (HCD)
....rwarded to the learned Sessions Judge, Jhalakati, for immediate necessary action in accordance with law. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 423 ......ere first taken to Nalchity Hospital from where they were shifted to Sher‑e‑Bangla Medical College at Barisal. 3. Informant P.W.1 Altaf Hossain and condemned prisoner Majibur Rahman Gazi are full brothers and they used to live in the same hut. It has been alleged that 10/15 years before the......ondent Judgment November 2, 1993. Result: The Reference is rejected. The sentence was too severe in consideration of the fact that the appellant is a young man of 35 years of age. It is clear from the evidence and the circumstances of the case that the appellant had no preme..Category: Criminal Law | Date: | Hits: 2
S. M. Qamruzzaman Vs. State, 1980, 9 CLC (HCD)
.... and serve out the remainder of the sentence. The order granting stay of realisation of fine is vacated. Ed. This Case is also Reported in: 1 BLD (HCD) (1981) 107. ......dy stated above. 12. Being aggrieved by the, aforesaid order of conviction and sentence the appellant has preferred this appeal. The prosecution in this case went to the trial with its hand full with handicaps, some of which were beyond its control and some were its own creation for which ......Khulna to the officer-in-charge of the camp and payment was to be made when the officer-in-charge of the camp acknowledged receipt of the cattle. 4. It is alleged that one Md. Keramat Ali of village Baisha P.S. Jikargacha (since deceased) sold same cattle to the District Livestock officer, Jess..Category: Criminal Law, Evidence Law | Date: | Hits: 2
.... discharged by defendant No.1. This protection given to pardanashin lady by special rule of onus is also extended to her legal heirs. Defendant No.1 also admitted that Kafiran Nessa was a pardanashin woman and illiterate and under such circumstances burden lies upon defendant No.1 as he relied on th......d by pardanashin lady burden lies on the person who claims the benefit under the deed to establish that the deed was executed by pardanashin lady on her own accord and it was read over to her and she fully understood import of transaction and this burden lies only on the recipient of the deed but th......d used to love defendant No.1 very much and he used to look after the affairs of the plaintiff and her husband. Plaintiff got the defendant No.1 married and has been staying with the plaintiff at village Chachaibari, PS Porsha. After the death of plaintiff's husband defendant No.1 began to mis&s..
Category: Evidence Law | Date: | Hits: 7
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