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BRAC Printers Vs. Chairman, First Labour Court and another, 2007, 36 CLC (HCD)
....so not maintainable under section 25(1)(b) of the Act because admittedly, their grievances for the alleged termination have already been raised and taken cognizance of as industrial dispute under the provisions of the Ordinance and as such, the cases of these respondents were liable to be dismissed ...... Syed Mahmud Hossain J.- Writ Petition Nos.7785, 8121, 8122, 8123 and 8124 of 2005 were heard analogously and are being disposed of by this common judgment as they do involve common question of law and facts. 2. In all the above Writ Petitions, Rule Nisi was issued in identical terms as f..Category: Labour and Industrial Law | Date: 28 Aug, 2007 | Hits: 19
Isahaque Ali (Md.) and others Vs. State, 2007, 36 CLC (HCD)
....€¦â€¦â€¦â€¦Respondent Judgment August 16, 2007. Result: The appeal is allowed. Burden of proof in cases involving severe punishment or life imprisonment The provision of law as regard burden of proof is, that in a case involving severe punishment or life i......spondent Judgment August 16, 2007. Result: The appeal is allowed. Burden of proof in cases involving severe punishment or life imprisonment The provision of law as regard burden of proof is, that in a case involving severe punishment or life imprisonment, ..Category: Criminal Law | Date: 16 Aug, 2007 | Hits: 9
State Vs. Tipu Gazi and others, 2007, 36 CLC (HCD)
.... accused namely, Faruk Khan, Abul Kalam and Nasir and 7 other accused who were arrested during the course of investigation as suspects. 7. After completion of necessary formalities in terms of the provision of section 339 B (1) of the Code of Criminal Procedure for trial of the absconding accused......xamination of prosecution witnesses. Offence under section 302 of the Penal Code having provided capital punishment, learned tribunal appointed advocate Mr. Mokhlesur Rahman Khan as the state defence lawyer for the undefended absconding accused. 8. In order to bring home the charge against the in..Category: Criminal Law | Date: 15 Aug, 2007 | Hits: 26
Mrs. Fatema Begum Vs. State, 2007, 36 CLC (HCD)
.... after holding enquiry in a perfunctory matter without examining the witnesses of the complainant and giving any opportunity to the complainant to adduce evidence is ex facie unlawful and contrary to provision of Section 27 of the Ain, 2003 and resulted in the abuse of the process of the court and h......police report submitted after holding enquiry in a perfunctory matter without examining the witnesses of the complainant and giving any opportunity to the complainant to adduce evidence is ex facie unlawful and contrary to provision of Section 27 of the Ain, 2003 and resulted in the abuse of the pro..Category: Women and Children | Date: 13 Aug, 2007 | Hits: 21
Islam Enterprise Vs. Commissioner of Taxes and another, 2007, 36 CLC (HCD)
....ssed by it so as to correct any error apparent from the record either of its own motion or on the error having been brought to its notice by the assessee or any other income tax authority and all the provisions of this Ordinance as may be applicable shall have effect accordingly" (underlined by us) ......ellate Tribunal rejected both the applications by its order dated 10.06.02 on the same view that the applications were not maintainable. 11. In the circumstances, the following common questions of law were referred to this Division for determination: a) Whether on the facts and in the circumst..Category: Fiscal/Taxation Law | Date: 9 Aug, 2007 | Hits: 31
State Vs. Saidul and others, 2007, 36 CLC (HCD)
....ted in connection with any other case. Let the Lower Court Record along with a copy of this judgment be sent down at once. Ed. This Case is also Reported in: 13 BLC (HCD) (2008) 739. ......erial contradictions and discrepancies and the victim made written dying declaration in the hospital narrating the incident which is genuine and true and the learned trial Judge was well justified in law in convicting and sentencing the accused appelÂlants under the relevant law and the convict-acc..Category: Criminal Law | Date: 9 Aug, 2007 | Hits: 25
....es under the Bankruptcy Act, 1997
The writ jurisdiction is not maintainable in cases under the Bankruptcy Act, 1997 for two reasons- Firstly, the Bankruptcy Act, 1997 is a special law and special provision is provided in section 96 of the Act for preferring appeal against the Judgment and decree......isdiction in cases under the Bankruptcy Act, 1997
The writ jurisdiction is not maintainable in cases under the Bankruptcy Act, 1997 for two reasons- Firstly, the Bankruptcy Act, 1997 is a special law and special provision is provided in section 96 of the Act for preferring appeal against the Jud..
Category: Banking Law | Date: 9 Aug, 2007 | Hits: 565
Chairman, Rajdhani Unnayan Kartripakkha (RAJUK) Vs. A Rouf Chowdhury and others, 2007, 36 CLC (AD)
....ime being during the subsistence of the emergency and, as such, the hearing of these appeals are liable to be adjourned. In building up the submission, the learned Counsel while referring to the said provisions of law has sought to fortify himself with the cause title of the writ petition mentioning......ll with the writ-petitioners in the writ-petition as the writ petitioners have filed the writ-petition challenging the cancellation of the approved plan of the said Building. The cordial principle of law for addition of party has been provided in rule 1(10) of Order I of the Code of Civil Procedure ..Category: Property Law | Date: 2 Aug, 2007 | Hits: 114
Abdul Majid (Md.) Vs. State, 2007, 36 CLC (HCD)
....ith if not wanted in connection with any other case. Lower Court's record be sent down at once with a copy of the Judgment. Ed. This Case is also Reported in: 13 BLC (HCD) (2008) 52. ......to the east of the houses of informant house of Shahiduzzaman Master, Kashem and Rashid Member were situated. 15. In cross-examination, she denied that the witness Shajahan is not her brother-in-law and witness Alamgir is not her cousin. She further disclosed in her cross-examination that the n..Category: Women and Children | Date: 24 Jul, 2007 | Hits: 159
Md. Abdul Mannan and others Vs. Ministry of Education and others, 2011, 40 CLC (HCD)
....relief in accordance with law. With the aforesaid observation, the application is disposed of without any order as to cost. Ed. This Case is also Reported in: 20 BLT (HCD) (2012)565. ......to be afraid of at the present in view of the change in the Political arena of the country and the government, they may now move the Governing Body of the college for proper relief in accordance with law. With the aforesaid observation, the application is disposed of without any order as to cos..Category: Employment/Service Law | Date: 23 Jul, 2007 | Hits: 26
....the appeal.
Consequently the appeal is dismissed without any order to cost.
Send down the lower
court records at once.
Ed.
This Case
is also Reported in: 28 BLD (HCD) (2008) 498.
......n. The other two brothers of the plaintiff are in
good health. The plaintiff while came to the age of marriage, got married with
the daughter of late Purna Chandra Ghosh of Serajganj. The mother-in-law of the
plaintiff and other relations requested to gift some porÂtion of the disputed
land in ..
Category: Property Law | Date: 7 Jun, 2007 | Hits: 6
Shaikh Md. Mahmud Hossain and others Vs. Md. Abdur Razzaque and others, 2007, 36 CLC (HCD)
....as such the Appellate Judge committed error of law resulting in an error in the decision occasioning failure of justice. 10. Mr. Hasan Foez Siddique who submits in this connection referring to the provision of Shariat Act, 1937 and submits that the deed of gift as has been guided and performed it......ted that the learned Additional District Judge has misconceived the entire context of the transaction between the parties in treating the gift performed between two Muslims governed by their personal law. In the instant case the vendee not being a Muslim there is no scope for application of the prin..Category: Property Law | Date: 6 Jun, 2007 | Hits: 27
Roni Ahmed Liton @ Liton Ahmed Roni Vs. State, 2007, 36 CLC (HCD)
.... in any other case. Send down the LCR along with copy of the judgment expeditiously. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 147,29 BLD (HCD) (2009) 386. ...... defence to rest its case solely thereon. In a criminal case, it is for the prosecution to bring the guilt home to the accused. The fundamental and basic presumption in the administration of criminal law and justice delivery system is the innocence of the alleged accused and till the charges are pro..Category: Women and Children | Date: 3 Jun, 2007 | Hits: 14
State Vs. Yeasin Khan Palash, 2007, 36 CLC (HCD)
.... acted upon on the ground the injured person does not usually allow the real culprit to escape and falsely implicate an innocent person. 25. The learned Deputy Attorney General after referring the provisions of section 16 of the Druta Bichar Tribunal Ain, 2002 submits that the learned trial Judge......ed statement of the condemned prisoner Kalla Palash as recorded in Audio Cassette (Ext.IV) by the investigating officer found the convict appellant and others were guilty which cannot be sustained in law whatsoever inasmuch as the statement of Audio cassette does not carry any legal value in the eye..Category: Criminal Law | Date: 3 Jun, 2007 | Hits: 20
State Vs. Monir Hossain & another persons, 2007, 36 CLC (HCD)
....eady died in the interregnum and has been excluded from the list of the accused facing trial. Ultimately the learned Judge of the Tribunal has referred the matter to the High court Division under the provisions of section 374 of the Code of Criminal Procedure for confirmation of sentence of death pe......, Uzzal, Shahid,Wazedur, Sorhab, Mosarraf Hossain Mosa, Murad, Farid and Jashim and other unknown 15/20 person armed with deadly weapons like Pistol, Chapati, Ramdao, Chines Axe, Dagger, forming an unlawful assembly, attacked him where one Asgar and Monir inflicted injuries on the vital part of the ..Category: Criminal Law | Date: 27 May, 2007 | Hits: 5
Shamsur Rahman Khalifa Vs. Jagodish Chandra and Others, 2007, 36 CLC (HCD)
.... such consideration, shall notwithstanding anything contained in the document relating to the transfer, be deemed to be a complete usufructuary mortgage for a period not exceeding seven years and the provision of section 95 shall apply to such transfer whether made before or after the date of commen...... by (the concerned CO (Revenue), the defendant No.5, were illegal, void, without jurisdiction and not binding upon the plaintiff. He further submitted that both the Courts below upon misconception of law and fact have dismissed the suit. He further submitted that the plaintiff proved his continuous ..Category: Property Law | Date: 27 May, 2007 | Hits: 9
Faruk Ahmed and another Vs. Bangladesh, 2007, 36 CLC (HCD)
....ssion (Annexure-D) within two months from the date of receipt of this judgment and order. Communicate the order at once. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 151. ......mply and give effect of such opinion, but without doing so the respondent No. 1 is trying to bypass the opinion and giving promotions to juniors of the petitioners, which is a flagrant violation of law and rules, applicable in this regard. 6. Mr. Md. Jafar Imam, the learned Assistant Attorn..Category: Others | Date: 16 May, 2007 | Hits: 4
Bangladesh Vs. Chairman, First Court of Settlement and another, 2007, 36 CLC (HCD)
....ow the case property came under the control and management of the Government. There is no evidence in the Government file that the Government took over possession after complying with the mandatory provisions of Article 7 of the President's Order No. 16 of 1972. Therefore, the case property is no......ot present in Bangladesh and whose whereabouts were not known after President's Order No. 16 of 1972 came into operation. So, the property was rightly enlisted as abandoned property by operation of law. The learned Counsel adds that the Court of Settlement most erroneously shifted the onus upon ..Category: Property Law | Date: 6 May, 2007 | Hits: 5
S. M. Rafiqul Islam Vs. Md. Monjurul Islam, 2007, 36 CLC (HCD)
....ithin which such rent is required to be paid under section 18(5) together with cost of transmission by postal money order of the money deposited to the landlord." 12. On perusal of the said provision of law it appears that it was required by the petitioner to make deposit of the rent with ......cation made section 19(1) of the Premises and Rent Control Act it appears that the petitioner without depositing any rent with the Rent Controller had submitted an application which is not tenable in law. 11. Section 19(1) of the Premises and Rent Control Act reads thus:- "19. Deposit..Category: Tenancy Law | Date: 3 May, 2007 | Hits: 149
Mohan Meah Vs. Dhaka City Corporation Mayour, Dhaka, 2007, 36 CLC (HCD)
....on of the Corporation. With the above observation, this Rule is disposed off. There will be no order as to costs. Ed. This Case is also Reported in: 13 BLC (HCD) (2008) 927. ......wer of attorney supÂporting his authority to swear the affidavit. Rule 1, Order III of the Code of Civil Procedure provides that any application or act in or to any court required or authorised by law to be made or done by a party in such court, may, except where otherwise exÂpressly provided ..Category: Civil Law | Date: 29 Apr, 2007 | Hits: 2
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