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Musa Bin Shamsher Vs. Ansarul Huq Ansari & others, 1986, 15 CLC (HCD)
....dvocate for the accused petitioner for giving him time to move the Appellate Division if he so likes. Md. Abdul Jalil J. - I agree. Ed. This Case is also Reported in: 39 DLR (HCD) (1987) 24. ......ts have been discharged and as such the only remedy of the complainant opposite party as co-partner in the facts of the partnership itself is in the competent civil Court. He further submits that the dispute is purely of a civil nature, that the accused has committed no criminal offence of cheating ..Category: Criminal Law | Date: | Hits: 362
Joinal Abedin Jamal and others Vs. Noor Afza, 2010, 39 CLC (HCD)
....nd any merit in this appeal. Hence the appeal is dismissed and the conÂnected Rule is also discharged without any order as to cost. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 432. ......d with illegality. He next submits that in the present case the contract being not tainted with any illegaliÂty rather there being a valid contract, as the parties admittedly agreed to arbitrate the dispute and the Arbitrator having been appointed by the Court without any objection raised by either..Category: Alternative Dispute Resolution | Date: | Hits: 251
Dr. Md. Mahiuddin Vs. Dr. Hasanuzzaman ChowÂdhury and others, 1992, 21 CLC (HCD)
....ontempt of Courts Act, 1926 read with Article 108 of the Constitution of the People's Republic of Bangladesh is summarily rejected. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 535.......ut (in the instant case) a Commission of Inquiry appointed under the Commission of Inquiry Act, 1956 is neither the High Court Division of the Supreme Court nor a court subordinate to it. There is no dispute with this proposition. In the instant case a Judge of this Court has served as a member of a..Category: Criminal Law | Date: | Hits: 131
Serajul Alam Khan Vs. State, 1992, 21 CLC (HCD)
....ainteÂnance of good relationship with the friendly countries. It is further argued that the failure of the opposite parties to produce the theme and topic of the conference, discussions held and the resolution adopted in the last year's seminar and also the theme of the seminar scheduled to be held......The Rule is, accordingly, made absolute. Let an advance order be sent to the SuperintenÂdent, Comilla Central Jail, Comilla. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 603...Category: Criminal Law | Date: | Hits: 156
Pubali Bank Limited Vs. Monsur Ali Akanda and others, 1990, 29 CLC (HCD)
....nd the suits are dismissed as being barred by law. Regard being had to the facts of the case I, however, make no order as to costs. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 589.......e learned Advocate for the petitioner urged that the plaintiffs having had a special forum for redress under section 25 of the Standing Orders Act the jurisdiction of the civil court to determine any dispute of this kind was impliedly barred and so the courts below acted beyond the jurisdiction in e..Category: Labour and Industrial Law | Date: | Hits: 176
SA Alim Vs. Dr. Md. Golam Nabi and another, 1994, 23 CLC (HCD)
....tance of Mr. Mozammel Haque Shakhidar a meeting of the members of the Joypurhat Bar Association was held on 3.5.92 with Mr. SA Alim, President of the Bar Association, in the Chair, where an unanimous resolution was passed to the effect that no member of the Joypurhat Bar Association would appear for......ibunal, so far it relates to the appellant, is set aside. There will be no order as to costs. Send down the LC records immediately. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 98. ..Category: Others | Date: | Hits: 139
M/s. Adamjee Jute Mills Ltd. Vs. Chairman, 3rd Labour Court and another, 1986, 15 CLC (HCD)
....dent No.1 shall thereafter try and dispose of the I.R.O. case in question in accordance with law. AM Mahmudur Rahman J. - I agree. Ed. This Case is also Reported in: 39 DLR (HCD) (1987) 11. ......an, learned Advocate for the petitioner, we would like to point out that under section 36(2) of the said Ordinance a Labour Court shall, for the purpose of adjudicating and determining any industrial dispute, be deemed to be a civil Court and shall have the same powers as are vested in such Court un..Category: Procedural Law | Date: | Hits: 180
Azimonnessa Vs. Rup Gazi & others, 1986, 15 CLC (HCD)
....howdhury J. - For the reasons stated above I find no substance in this Rule which is accordingly discharged without any order as to cost. Ed. This Case is also Reported in: 39 DLR (HCD) (1987) 6.......thin time need not be overstrict in expecting such proof of the suggested cause as it would accept for holding certain fact established, both because the question does not relate to the merits of the dispute between the parties and because if the abateÂment is set aside, the merits of the dispute c..Category: Civil Law | Date: | Hits: 121
Dalia Parveen Vs. Bangladesh Biman Corporation and another, 1995, 24 CLC (HCD)
....n passed without any lawful authority and is of no legal effect. In the result the Rule is made absolute without any order as to costs. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 132.......roval of the Government. The respondent No.1 further states that recommendation of the then First Lady of Bangladesh had no legal sanction. It further states that the petition raises some substantial dispute of facts which cannot be, resolved in writ jurisdiction without taking evidence and the Rule..Category: Employment/Service Law | Date: | Hits: 361
....lege during his such absence and various other charges. The petitioner duly submitted his explanation and denied all the charges leveled against him. Thereafter the Governing Body of the college by a resolution being Resolution No.5 adopted in its meeting held on 7.10.81 dismissed the petitioner fro......duties of the college and other charges and ultimately the Governing Body of the College by a resolution dated 7.10.81 dismissed the petitioner from service with effect from 7.10.81. There is also no dispute that the petitioner appealed against the said order of dismissal to the Appeal and Arbitrati..
Category: Employment/Service Law | Date: | Hits: 226
Munir Hossain and others Vs. Dhaka Water Supply and Sewerage Authority & others, 1995, 24 CLC (HCD)
....or to the petitioners, being promoted as Assistant Engineer and their joining as such and that as the Authority in the past decided the seniority of its employees on the basis of the date of joining, resolution so adopted by the Board of the Authority in its meeting held on 31.7.90 two dispose of th......and thereupon names of the said respondent Nos.4‑10 have been placed above the petitioners yet to be disposed of by the authority as has been submitted on behalf of the respondent Nos.1‑3 and not disputed by the petitioners’ we are of the view that no decision as to legality or otherwise of th..Category: Employment/Service Law | Date: | Hits: 191
Moudud Ahmed Vs. State, 1995, 24 CLC (HCD)
....cisions which I have referred in my Judgment. In the result, I discharge this Rule. The prayer for certificate to appeal is refused. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 108........ However, I shall state some of the facts stated therein. It is stated that the documents are part of the records on the basis of which the charge has been framed by the Court which the State cannot dispute. The prosecution in order to prove the case has to depend on the records and the documents w..Category: Criminal Law | Date: | Hits: 111
Zulfiquar Ali Bhutto Vs. Bangladesh & others, 1989, 18 CLC (HCD)
....e said Upazila Parishad is void as a whole. In view of 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) 379. ......opposite party No.4 that the supporters of the petitioner hijacked a speed boat and illegally used the same by force and came to the conclusion that opposite party No.4 has proved his case beyond any dispute. Upon this findÂing the Election Tribunal declared the election of the returned candidate, ..Category: Election Law | Date: | Hits: 252
Shawai @ Mohammad Hussain & others Vs. State, 1989, 18 CLC (HCD)
....Khurshed and Sujan their appeal is dismissed and orÂder of conviction is modified as indicated above but the sentence is maintained. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 373. ......al Code. 3. Defence case as it appears from the trend of cross-examination of the prosecution witnesses is that there was long standing enmity between the parÂties regarding the possession of the disputed land. Further case of the defence is that Sona Miah being a thief might have been killed by..Category: Criminal Law | Date: | Hits: 128
Syed Ashfaque Hossain & others Vs. Bangladesh, 1989, 18 CLC (HCD)
....s of the petitioners to the extent of 5.80 acres as it originally stood. The Rule in Contempt Petition No.3 of 1987 is discharged. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 364. ......cessary to quote the other proÂvisions of section 143A. 28. Section 143A was omitted by Ordinance No. LXIV of 1975. 29. The respondent Nos.4-6 and their predeÂcessors, claiming as they do the disputed property as their ancestral property from time immemorial, had a remedy from 1965-1975 to f..Category: Property Law | Date: | Hits: 129
State Vs. Khalilur Rahman, 1995, 24 CLC (HCD)
....nced him to suffer RI for the period already undergone. He may be released forthwith if not wanted in connection with any other case. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 184. ......w and heard everything, took the injuries person to hospital and on the day following Sikim Ali succumbed to his injuries in the hospital. It may be stated that the parties were at daggers-drawn on a dispute relating to a pathway (passage) through the house of Sikim Ali for which 4 criminal cases we..Category: Criminal Law | Date: | Hits: 139
Shahidullah Kazi, Amjad Hossain Vs. State, Abul Kasem, 1995, 24 CLC (HCD)
....Gazipur for proceeding with the case under sections 326/307 of the Penal Code against the accused petitioners in accordance with law. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 178. ...... sections 147/148/323/324/325/326/307/447/448/354/379/380/149 of the Penal Code against 27 persons including the petitioner by the informant Abul Kashem, alleged owner of tank, alleging that over the dispute of catching fish in that tank accused persons injured several persons by causing simple and ..Category: Criminal Law | Date: | Hits: 97
Muslim Halder (Md.) Vs. Hajrat Ali Halder & others, 1995, 24 CLC (HCD)
....nted earlier by the Court on 19.9.1985 is hereby vacated. No order as to costs. Send down the records to the Courts below at once. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 175. ......AJ Mohammad Ali, the learned Counsel for the petitioner focused his argument on one grievance only before me submitting that in the schedule of the document in question itself, (Ext.1) the land under dispute has been described as homestead and viti land arrayed in Bengali as follows:-“নাল à¦..Category: Property Law | Date: | Hits: 106
Shahjahan (Md.) Vs. State, 1999, 28 CLC (HCD)
.... into life imprisonment. The sentence of life imprisonment will start from the date when the accused will be apprehended or surrenders. Ed. This Case is also Reported in: 51 DLR (1999) (HCD) 373.......l for the condemned prisoner also cites another decision which is in the case of Shihabuddin Vs. State reported in PLD 1964 (SC) 177 = 16 DLR (SC) 269. In that case the murder was committed over land dispute and the Supreme Court altered the sentence of death into sentence of imprisonment for life. ..Category: Criminal Law | Date: | Hits: 130
Nazrul Islam and others Vs. State, 1999, 28 CLC (HCD)
....d that no amount was misappropriated and he purchased 23 decimals of land at Taka 40,000.00 for construction of a Tahshil Office in the concerned Union but, in fact, no such land was purchased and no resolution was passed by the Union Parishad for purchasing such land and actually some land was gift......is directed to proceed with the case in accordance with law and dispose of the same expeditiously. Send down the LC records at once. Ed. This Case is also Reported in: 51 DLR (1999) (HCD) 368...Category: Criminal Law | Date: | Hits: 108
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