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Ebadat Ali Vs. Ismail Hossain Akhond & others, 1989, 18 CLC (HCD)
.... Taka 50.000/-. 9. In this peculiar situation, the subject matter of the Rules being of great public importance, the learned Deputy Attorney-General was invited to assist this Court and make his independent submissions on the points involved in these Rules. Accordingly, the learned Deputy A......uty Attorney-General as amicus curiae in this matter. Let a copy of the judgment be transmitted to the Courts below expeditiously. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 490. ..Category: Procedural Law | Date: | Hits: 152
Ujjal Hossain (minor) & Others Vs. Firoja Khatun & Others, 1989, 18 CLC (HCD)
....tiff No.2. But the learned Munsif has not considered the application for addition of party as filed by the heirs of the deceased under Order 1, rule 10 of the Code of Civil Procedure which is quite independent and distinct than the application for substitution. I have gone through the order of the......ners as plaintiffs in the aforesaid suit and also to proceed with the suit in accordance with law. There shall be no order as to costs. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 481...Category: Property Law | Date: | Hits: 98
Helal Uddin (Md.) Vs. Government of People's Republic of Bangladesh and others, 2003, 32 CLC (HCD)
.... April, 2000. The order of stay granted at the time of issue of the Rule is hereby recalled and vacated. Communicate at once. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 506. ......erned authority of the teachers/staffs of a Non-Government College is its Governing Body and in view of the Governing Body Rules, 1994, such Governing Body is the controlling authority in the case of appointment, promotion, overall discipline of the teachers/staffs. 12. It is now well settled tha..Category: Employment/Service Law | Date: | Hits: 147
Kazi Rokanuddin Ahmed and another Vs. Labour Court and others, 2011, 40 CLC (HCD)
....nt No.2 submits that the petitioners being fugitive cannot file this writ petition which is not tenable in the eye of law. He further submits that section 307 of the Bangladesh Labour law, 2006 is an independent provision of law for initiating a criminal proceeding against the employer. He further......desh Labour Law (Criminal) Case No.368 of 2010, is hereby declared unlawful, malafide, out of jurisdiction and is of no legal effect. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 382. ..Category: Labour and Industrial Law | Date: | Hits: 145
Asgar Ali and others Vs. Bangladesh and others, 2003, 32 CLC (HCD)
....n of the elective officers of Managing Board of Bangladesh Red Crescent Society within 45 days from the date of receipt of this order. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 379. ......ction till the general election to the elective offices of the Executive Committee or Managing Board, as the case be held and such general elections shall be held within three months from the date of appointment of the ad-hoc Committee or Board." On perusal of the aforesaid provision it appears t..Category: Civil Law | Date: | Hits: 169
Amal Cabraal Vs. Golam Murtaza, 2003, 32 CLC (HCD)
....d the intention of the legislature. The word "against" has no nexus with the words "or by any other device". These expressions are used in between two “commas” which are so clear, unambiguous and independent to the expression against that the dominant object and spirit of the legislature can be ......ged and the Rule in the Criminal Miscellaneous Case No.4042 of 1998 is made absolute. The stay orders made earlier and hereby vacated. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 492...Category: Criminal Law | Date: | Hits: 126
Abdul Majid Vs. State, 2003, 32 CLC (HCD)
....formant inasmuch as P.Ws.1, 2, 4, 5 and 7 were father, daughter, brother-in-law, uncle, nephew of victim, P.Ws.3 and 8 were neighbours of informant P.W.1. According to him, not a single impartial and independent witness could be examined by the prosecution to prove the case. 13. The learned Couns......ugned judgment and order of conviction and sentence dated 8‑8‑2000 by court below are accordingly upheld. Records be sent down. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 486...Category: Criminal Law | Date: | Hits: 112
Abul Kashem & another Vs. State, 1990, 19 CLC (HCD)
....arent from the fact that defence declined to cross-examine the said witness. He further submitted that recovery of the rickshaw van in question from the possession of the accused has been proved by independent and disinterested witnesses P.W.22, 23 and 24 before whom the accused also made extra-......is commuted to one of imprisonment for life. The Reference No.1 of 1987 under section 374 of the Code of Criminal Procedure is rejected. Ed. This Case is also Reported in: 42 DLR (HD) (1990) 378...Category: Criminal Law | Date: | Hits: 147
Rahmatullah (Md.) Vs. Commissioner of Taxes, 2000, 29 CLC (HCD)
....e facts discharges the onus upon him. But that does not prevent the authority concerned to probe further into the matter and investigate the case on materials available to the authority to come to an independent and unbiased finding as to the genuineness of the transaction. It is true that the tax a......, we answer the question in the affirmative and against the assessee and in favour of the Revenue. There will be no order as to costs. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 483...Category: Fiscal/Taxation Law | Date: | Hits: 200
Kawsarun Nessa and another Vs. State, 1994, 23 CLC (HCD)
.... see the occurrence and he deposed in the trail Court as per dictation of the informant of the case with whom he has been living since the occurrence. There is also no sufficient corroboration by any independent and reliable witnesses. So, in our view, the learned Sessions Judge was not justified in......ons 302/34 of the Penal Code. They are discharged from their bail bonds. Let the lower Court records be sent down expeditiously. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 196. ..Category: Procedural Law | Date: | Hits: 155
Chand Mian (Md.) Vs. Khodeza Bibi and others, 1989, 18 CLC (HCD)
....oner. The appellate Court below has not adverted to the consideration of evidence by the trial Court and has not controverted the basic findings of the trial Court with regard to possession. It has independently discussed only the favourable portions of the evidence of D.Ws. and has come to a find......f the appellate Court below are set aside and those of the trial Court are restored. Let the L.C. records be sent down immediately. Ed. This Case is also Reported in: 42 DLR (HCD) (1990) 344...Category: Property Law | Date: | Hits: 133
Bazlur Rahman Howlader alias Jilu and 3 others Vs. State, 1998, 27 CLC (HCD)
....ound no inconsistency. However it appears to me that the doctor did not give any reason as to why he considered some injuries as grievous hurt. It further appears that the Court did not arrive at any independent opinion in finding as to whether the injuries were grievous hurt and simple hurt or whic......entence and the trial Court shall take steps for realisation of fine from the petitioner Abdul Khaleque. Send down the LCR at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 457...Category: Criminal Law | Date: | Hits: 109
Nurul Islam and others Vs. Azimon Bewa, 1998, 27 CLC (HCD)
....ually executed by her with full understanding of what she was about to do; that she had full knowledge of the nature and effect of the transaction into which she is said to have entered: that she had independent and disinterested advice in the matter” In Contract Act (Act IX of 1872) Section......as to costs. The record shall be sent down to the courts below at once. The order of stay granted earlier if any is hereby vacated. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 451...Category: Property Law | Date: | Hits: 103
Abdul Quddus and others Vs. State, 1992, 21 CLC (HCD)
.... occurrence while the informant has a separate guest house‑kacharighar. From the evidence of P.W.s 1 & 3 it is clear that victim Abdul Aziz is no Mamato Bhai of P.W.3 as claimed. There is no independent witness to corroborate the prosecution case save and except P.W.s 1 and 3 who claimed to...... acquitted of the charges brought against them. They should be set at liberty at once, if not wanted in connection with any other case. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 441...Category: Criminal Law | Date: | Hits: 112
Fazal Mahmud Vs. Pioneer Printing Press Ltd. & Others, 1989, 18 CLC (HCD)
.... Article of Association of the Company, to be null and void and to direct calling of the Annual General Meetings for the years 1985,1986 and 1987 under the supervision of this Court and to appoint an independent person as Chairman to preside over and conduct the said meetings after condoning the del......nce in this application which is accordingly dismissed. In the facts and circumstances of the case, there will be no order as to costs. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 529...Category: Business or Commercial Law | Date: | Hits: 352
Kazi Ibrahim alias Ibrahim Kazi Vs. State, 1989, 18 CLC (HCD)
....ear and it is that the uncorroborated testimony of an accomplice cannot be the basis of conviction of an accused though those statements could be considered only for finding out whether there existed independent witnesses to corroborate the same. In the instant case, the confessing accused stated ......e charge as leveled against him. He is directed to be released from the bail bonds immediately. Send down the LC records at once. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 524. ..Category: Criminal Law | Date: | Hits: 97
Zehad Ali Vs. Kharshed Ahamed & others, 1984, 13 CLC (HCD)
....succeeded in proving the bonafide requirement for the suit premises for his use and occupation as a drawing room; (d) Regarding subletting or otherwise the lower appellate Court in the absence of independent evidence, could not rely on the deposition of the tenant and defendant No.2 (alleged s....... In the facts and circumstances of the case, there would however be no order as to cost. Let the records be sent down at once. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 336. ..Category: Property Law | Date: | Hits: 115
.....90. As the hearing could not be completed, we heard the matter to-day, the 17th February, 1990, Saturday and delivered the judgment.
Ed.
This Case is also Reported in: 42 DLR (HD) (1990) 316.
......paragraph 58 it is observed: -
"We have also seen that sub-section (3) of section 9 is not concerned with the status of the Additional and Assistant Session Judges. It is concerned only with their appointment to exercise jurisdiction in Courts of Session. Hence an Assistant Sessions Judge deeme..
Category: Election Law | Date: | Hits: 391
Ibrahim Khalil and others Vs. Mujibur Rahman and others, 2012, 41 CLC (AD)
....e issue of title of contesting defendants in a suit for specific performance of contract and this suit should have been limited between the plaintiffs and defendant. Adding of defendant by setting up independent title cannot be adjudicated in a suit for specific performance of contract…………......servation that the findings of the Courts below not relating to specific performance of contract shall be deemed to have been expunged. Ed. This Case is also Reported in:18 BLC (AD) (2013) 23. ..Category: Civil Law | Date: | Hits: 186
Md. Rafiqul Islam alias Rafique Vs. State, 2011, 40 CLC (HCD)
.... victim, but according to the alleged ‘dying declaration’ it was inflicted on his chest. There is a reasonable gap between the upper abdomen and chest of a human body. P.W.8, who appears to be an independent witness stated in cross-examination that after coming back from the house of occurrence ......ion Case No.40 of 1994 is hereby set aside. The appellant is released from his bail bond. Send down the lower Court records. Naima Haider, J.- I agree. Ed. This Case is also Reported in: ..Category: Criminal Law | Date: | Hits: 101
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