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Md. Warish Uddin Chowdhury Vs. Bangladesh and others, 2008, 37 CLC (AD)
....e above, the submissions of the learned Advocate for the petitioner deserve no consideration. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 20 BLT (AD) (2012) 253.......was issued with a license being license No.2545/17-4 to run a saw Mills on 30.6.1990. The said license was subsequently renewed on 30.06.1998 for a further period of one year. The saw Mills went into full swing operation from the beginning of 1990. That following the issuance of license the petition......e above, the submissions of the learned Advocate for the petitioner deserve no consideration. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 20 BLT (AD) (2012) 253...Category: Others | Date: | Hits: 127
Bangladesh Parjatan Corporation Vs. Md. Ali Hossain and another, 2012, 41 CLC (AD)
.... writ-respondent-appellants herein to reinstate him in his post with all his due back wages and benefit. The appeals are dismissed. No order as to cost. Ed. This Case is also Reported in: ......r the University Grants Commission and also offers lectures as guest speaker of the National Hotel Tourism Training Institute, ICDDRB and Foreign Service Academy. While the petitioner had been successfully discharging his functions as General Manager of the Corporation, a vested quarter in order to ......, Ministry of Civil Aviation and Tourism as respondent No.4 challenging Memo No. পিএফ(সমন্বয়)/৭৭/৭৮ dated 20.03.2006 issued under the signature of writ-respondent No.3, Manager (Admn), Bangladesh Parjatan Corporation (hereinafter referred to as the Corporation), appellant..Category: Employment/Service Law | Date: | Hits: 156
Sharon Laily Begum Jalil Vs. Abdul Jalil and others, 1995, 24 CLC (HCD)
....lean Akhter Jalil and Mohammad Shah Alam Jalil fortnightly and offer gifts, if any, at a time and place convenient to both the parties. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 460.......and but she was subjected to further physical abuse. On 8‑5‑95 in the morning the respondent No.1 aided by the respondent Nos.2 and 3 including his other relatives from his paternal village deceitfully and illegally removed all the four children from the custody of the petitioner. The petitioner......f the respondent No.1 and respondent No.4 is the paternal grand mother of the detenu child. The petitioner spent her early adult life along with the aforesaid children in England. Soon after the marriage respondent No.2 disclosed to his wife, the petitioner, that he was not a British citizen and bei..Category: Family Law | Date: | Hits: 166
Abdur Razzaque @ Geda Vs. State, 1995, 24 CLC (HCD)
....e leveled against him and is acquitted of the same. He may be set at liberty forthwith if not wanted in connection with any other case. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 457....... in law inasmuch as the accused‑appellant has been seriously prejudiced in his defence as no charge was framed against him and he was not given reasonable opportunity of confronting the charge with full particulars while the witnesses were examined, as such, the order of conviction and sentence is......finition of offence should be stated so as to give a notice to the accused of the matter he is charged with. 7. A charge is an important step in the criminal proceeding. It separates the inquiry stage from the trial. That is to say when the inquiry or investigation ends thereafter the trial shall..Category: Criminal Law | Date: | Hits: 144
Nitai Ch. Shaha and another Vs. M/s. City Ice and Cold Storage Ltd. and others, 1982, 11 CLC (HCD)
....d Subordinate Judge are set aside and the plaintiff opposite party's petitions for amendment are rejected. Ranadhir Sen J.- I agree. Ed. This Case is also Reported in: 35 DLR (HCD) (1983) 61....... it is revealed now from the written statement that after the contract and finalisation of all formalities for execution and registration of the sale deed as "contracted" the defendant Nos.2-7 with full knowledge of the contract of the sale of the suit land by defendant No.1 to the plaintiff have ......J Nitai Ch. Shaha ……………Petitioners (In Civil Revision No. 4 of 1981) Umananda Shaha ……………Petitioners (In Civil Revision No. 233 of 1981) Vs. M/s. City Ice and Cold Storage Ltd. and others…………………Opposite-Parties (In both the cases) Judgment April 27..Category: Civil Law | Date: | Hits: 132
Matira Bewa & others Vs. Sree Sudhir Chandra Saha & others, 1982, 11 CLC (HCD)
....d those of the Courts below are restored, upheld and affirmed. There will be no order as to costs. Chowdhury ATM Masud J.- I agree. Ed. This Case is also Reported in: 35 DLR (HCD) (1983) 56. ......ceeded in obtaining a decree. The question was whether they were estopped from demanding the excess amount. The Privy Council observed that the electric company was under a statutory duty to charge full amount for the electricity consumed and the non-user was under ail equal obligation to pay th......on that the kabala was null and void. Court held that the plaintiff voluntarily executed a document for consideration and after having done that he could not be allowed to turn round and take advantage of his own fraud on the basis of the provision of section 9 of the S. A. & T. Act. This de..Category: Property Law | Date: | Hits: 146
Ataur Rahman Vs. Election Commission & Others, 2010, 39 CLC (AD)
....ies arrived at a correct decision which does not require any interference by this Court. Accordingly, the leave petition is dismissed. Ed. This Case is also Reported in: 20 BLT (AD) (2012) 99.......ies arrived at a correct decision which does not require any interference by this Court. Accordingly, the leave petition is dismissed. Ed. This Case is also Reported in: 20 BLT (AD) (2012) 99.......ies arrived at a correct decision which does not require any interference by this Court. Accordingly, the leave petition is dismissed. Ed. This Case is also Reported in: 20 BLT (AD) (2012) 99...Category: Election Law | Date: | Hits: 296
Abul Basher Chowdhury Vs. Mehar Khatun, 1982, 11 CLC (HCD)
....ppellate Court below calls for any interference in revision. In the result the rule is discharged without any order as to costs. Ed. This Case is also Reported in: 35 DLR (HCD) (1983) 6. ......ey confer a special procedural remedy to the parties if only their case is covered within the narrow limits of Order 47 rule 1. The provision of section 141 of the Code of Civil Procedure seems to be fully applicable under the circumstances. For all the above reasons I do not think that the impugned......ellate Court, then it can be reasonably held that the right of review is a substantive right, but if the power of review is so circumscribed that it can be described as no more than a more correcting agency, then I do not see why this power should be equated with the appellate power and why the righ..Category: Procedural Law | Date: | Hits: 119
Shahryar Murshed and others Vs. Principal, Chittagong Medical College and others, 1994, 23 CLC (HCD)
.... any lawful authority and, as such, is of no legal effect. The Rules are accordingly made absolute without any order as to costs. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 482. ......rant students in an appropriate case. The educational institution where the maintenance of discipline is essential for the orderly conduct in the institution the person in charge must be given the fullest authority to correct those who are found guilty for breach of discipline in the same manner...... any lawful authority and, as such, is of no legal effect. The Rules are accordingly made absolute without any order as to costs. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 482. ..Category: Others | Date: | Hits: 168
SM Aynul Kabir and others Vs. Kambar Ali and others, 2010, 39 CLC (HCD)
....6-2005 and status-quo dated 7-5-2008 granted earlier by this Court stand vacated. Office is directed to send down the record at once. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 51.......rmanent injunction restraining the defendants from changing the nature and character of the suit land and from transferring the same to anybody in any form and manner; e) Award cost of the suit in full in their favour and against defendants; In suit, plaintiffs by an application dated 23-9-200......by an order of temporary injunction in terms of the prayer. 4. The learned Advocate appearing for the opposite party No.1 opposes the Rule and submits that some quantum of land is still under mortgage with the Bank. He adds that the suit land situated in urban area, so the parties have a right to..Category: Civil Law | Date: | Hits: 111
Asgar Ali Mia and others Vs. Bangladesh and others, 2010, 39 CLC (HCD)
.... (F) of 2004 is disposed of accordingly. However, there will be no order as to costs. Sent down the lower Court's records at once. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 37.......Plaintiff's case, in a nutshell, is that Santosh Kumar Roy Chowdhury, Ashok Kumar Roy Chowdhury, Nihar Ranjan Roy Chowdhury, Joggeshar Roy Chowdhury, Amullay Roy Chowdhury, Binodini Roy Chowdhury, Profulla Roy Chowdhury, Souda-moni Roy Chowdhury, Anup Roy Chowdhury, Bhanu Roy Chowdhury, Haripada Roy......ar Vs. Bangladesh, 26 BLD 529; Karimunnessa being dead her heirs Chand Ali Pramanik Vs. Sorab Ali, 8 BLC 255; Bangladesh Vs. Sailesh Chandra Bhattacharya 'Vol. IV’ Bangladesh Supreme Court Digest, page 204; Hindu Deity Lakshmi Gobinda Jeu Vs. Deputy Custodian Enemy Property, 51 DLR 300. Lawyers..Category: Property Law | Date: | Hits: 147
Mannaco Lab. Ltd. Vs. General Certificate Officer & Bangladesh Shilpa Bank, 1989, 18 CLC (HCD)
....ted 29.2.88 issued by the respondent No.1 in the aforesaid certificate case are without any lawful authority and of no legal effect. Ed. This Case is also Reported in: 42 DLR (HCD) (1990) 159. ......iven an opportunity of being heard when the Bank scrapping the terms of the agreement intended to recover the entire loan. In the instant case the Bank arbitrarily demanded repayment of the loan in full contrary to the terms of the previous agreements. For recovery of such claim, the legislature h......rse in fulfilling its undertaking has deposited Tk. 10, 00,000/- with the bank within the specified time. 3. In 1975 the petitioner, the Mannaco Laboratories Ltd., a Pharmaceutical industry engaged in manufacturing certain medicines, applied to the Bangladesh Shilpa Bank (hereinafter mentio..Category: Civil Law | Date: | Hits: 171
Abdus Sukur Mia Vs. State, 1994, 23 CLC (HCD)
....t basis when police came to the place of occurrence but found the dead body of the victim in the kitchen and noticed injury marks on her body which raised doubt as to the cause of death of the victim woman and then the dead body was sent to the morgue for post mortem examination and report and on re...... learned Assistant Attorney-General therefore contends that framing of the charge and trial of the accused appellant under section 6 of the Cruelty to Women (Deterrent Punishment) Ordinance, 1983 was fully justified in law. 8. Now, in order to appreciate the above submissions of the learned Advoc......o be liable to fine. Explanation‑ In this section "dowry" means any property or valuable security demand from the wife or her parent, guardian or any other relation as consideration for the marriage, but does not include dower or mohr in the case of a person to whom the Muslim personal law (Sha..Category: Criminal Law | Date: | Hits: 135
Dr. S.M. Abu Taher and Others Vs. State, 1989, 18 CLC (HCD)
..... The Sessions Judge Tangail is further directed to proceed with the case in accordance with law at once without any further delay. Ed. This Case is also Reported in: 42 DLR (HCD) (1990) 138. ......behalf of the Government for revival of any case. 5. Since, this Rule involves the question of revival of a case under section 339D of the Code, we will see whether the Public Prosecutor is lawfully competent to file the application without any authority or instruction from the Government. ......the Government as such there must be a decision of the Government and unless such decision is produced before the Court the case cannot be revived. We cannot accept this argument because the language of the section is too clear and it keeps no ambiguity inasmuch as an application on being filed ..Category: Procedural Law | Date: | Hits: 143
Md. Nurul Islam Vs. Nur Ayesha Begum, 2007, 36 CLC (HCD)
.... pay the same for which defendant started physical torture and claimed that character of plaintiff is not so good, the plaintiff further claimed that the defendant has illicit connection with another woman and she opposed the same for which on 10-5-1992 plaintiff kept her in the house of her father ......'s records at once along with a copy of this judgment to the Courts below for information and necessary action. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 10; 7 LG (HCD) (2010) 300. ......urt and Assistant Judge, 1st Court, Patiya, Chittagong for maintenance and dower. Further case of the plaintiff is that defendant and plaintiff were legally wed couple under Islamic Shariah. The marriage was registered by kabinnama dated 12-4-1988 and dower was fixed at Taka 80,000 from where defend..Category: Family Law | Date: | Hits: 202
Eliadah McCord Vs. State, 1995, 24 CLC (HCD)
....icated to the Ambassador of the United States of America in Bangladesh having his office at Baridhara, Gulshan, Dhaka, for information. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 495....... was attached by adhesive tape, she definitely understood that these things are objectionable goods. Not only that, that businessman Walter was the man behind her and wanted to use this girl and with full knowledge the girl had taken the four packets of objectionable goods with her private parts of ......ated 18‑7‑95 under the caption 'How is Eliadah in Jail? From the above news item it appeared that when the offence was committed on 25‑2‑93 she might be a child that is a minor girl below the age of 16 years. On that understanding this suo motu Rule was issued to consider as to whether the g..Category: Criminal Law | Date: | Hits: 162
Habibur Rahman Bhuiyan (Md.) and others Vs. Galman Begum and others, 2011, 40 CLC (AD)
....my learned brother Surendra Kumar Sinha J. Courts Order The appeal is allowed by majority decision without any order as to costs. Ed. This Case is also Reported in:64 DLR (AD) (2012) 133. ...... posting and whenever she used to come to her husband's house, she requested the seller-opposite parry to partition the case land along with the other, land but every time he avoided the proposal tactfully. The co-sharer opposite party No.5 lives in Dhaka permanently with her husband. Recently when ......the same to pre-emptee’s predecessor and after purchase he filled up the land at a cost of Tk. 2, 00,000 and erected structures. Pre-emptor was aware about the transfer as she used to visit her village occasionally and as such it was known to her that the pre-emptees are the owners of the land by ..Category: Property Law | Date: | Hits: 138
Makbul Ali & others Vs. Manwara Begum & others, 1987, 16 CLC (HCD)
....ting wife as provided under Rule 14 of the Muslim Family Law Rules. It also provided that the said application for permission be signed by the applicant who wishes to contract another marriage with a woman during the continuance of an existing marriage and shall be accompanied by a fee. Obtaining pr......o.2 is hereby set aside after being quashed. She is to be released from her bail bonds immediately. Abdul Bari Sarker J. - I agree. Ed. This Case is also Reported in: 39 DLR (HCD) (1987) 181.......anwara Begum, the first wife as complainant filed a petition of complaint in the Court of Upazila Magistrate, Chhatak, District Sunamganj alleging that she is the married wife of Mokbul Ali. The marriage was solemnised on 16.04.1974 and out of that wedlock a son, now aged about 10 year and a daughte..Category: Family Law | Date: | Hits: 193
State Vs. Tajul Islam and 8 others, 1992, 21 CLC (HCD)
.... a copy of this Judgment be forwarded to the learned Additional Sessions Judge Brahmanbaria, for action in accordance with law. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 305. ......not been substantiated by any evidence or materials whatsoever and no value can be attached to such unsubstantiated allegations. In this connection the learned Deputy Attorney‑General referred to a full Bench decision of the Calcutta High Court in the case of Purnananda Das Gupta Vs. Emperor repor......sistant to washing test due to ante mortem staining. The death of Biraja Rani Debnath and her above mentioned 5 children, in the opinion of the post-mortem doctor, were due to shock and haemorrhage as a result of above noted injuries which were ante mortem and homicidal in nature. 19. Th..Category: Criminal Law | Date: | Hits: 139
Azizul Huq (Md.) Vs. Chairman, Labour Court, Khulna and Others, 1996, 25 CLC (HCD)
....and of no legal effect and respondent No.2 is directed to reinstate the petitioner in his service with 50% back wages within 60 days. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 527. ......d against the opp. parties; 8. Though above reliefs prayed in the above manner have been couched in a declaratory form in essence the prayer was for reinstatement of the petitioner in service with full back wages as would appear from prayer (b) for, declaring him still in service. A Court or trib......erk in 1967 by the respondent No.2, Company and he worked in that capacity till 1973 when he was promoted to the post of Assistant Supervisor (Field). On 29‑9‑78 he was charge sheeted by the management on the allegation of his committing theft, fraud or dishonesty in connection with the employ..Category: Labour and Industrial Law | Date: | Hits: 162
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