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Khan Md. Ruhul Amin Vs. Chairman, Labour Court, Khulna and others, 1990, 19 CLC (HCD)

....in the said definition clause of ‘worker’ or ‘workman’. 18. Thus, on consideration of the very language used in defining the terms ‘worker’ or ‘workman’ in the Ordinance and on the judicial pronouncements, referred above, it leaves little doubt that the teachers of such schools do...... case be taken as a bar in that regard. With the above observations this Rule is discharged without, however, any order as to costs. Ed. This Case is also Reported in: 51 DLR (1999) (HCD) 347...

Category: Labour and Industrial Law | Date: | Hits: 184

Bangladesh Vs. Abdul Aziz and others, 2005, 34 CLC (HCD)

....the award rule of the Court simply on the ground that no objection was filed by the present petitioner before him under section 33 of the Act. But the statute is there and the Court was bound to take judicial notice of it. It is not necessary that the party should file objection to the award under s......cree is a nullity there remains nothing to proceed with the Execution case No.2 of 1998. Send down the Lower Court records at once. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 405...

Category: Alternative Dispute Resolution | Date: | Hits: 291

Yousuf (Md.) Vs. Hajee Abdul Wahab being dead his heirs Hajee Shahida Khatun and others, 1997, 26 CLC (HCD)

....erformance is discretionary, and the Court is not bound to grant such relief merely because it is lawful to do so; but the discretion of the Court is not arbitrary but sound and reasonable, guided by judicial principles and capable of correction by a Court of appeal. The following are cases in wh......ismissed without any order as to costs. The judgment and decree passed by the trial Court is upheld. Send down the record at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 412. ..

Category: Property Law | Date: | Hits: 120

Monoranjan Mukharjee Vs. Election Commission Sher-e-Bangla Nagar, Dhaka & Others, 1989, 18 CLC (HCD

.... speaks about "conviction", it invariably refers to ordinary offences provided for by the ordinary laws of the country and also refers to trial and conviction by an ordinary Criminal Court within the judicial hierarchy or a Special Tribunal created by an ordinary law. The ordinary laws of the countr......r all the above reasons we find no ground for interference. In the result, the Rule is discharged but without any order as to costs. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 484...

Category: Election Law | Date: | Hits: 220

Sheikh Ahmed & others Vs. Abdul Alim, 1988, 17 CLC (HCD)

....dee would only entitle the latter to retain possession of them till such time as an actual partition by metes and bounds takes place between the co-sharers. I am fortified in my view by the aforesaid judicial pronouncements of both the Supreme Court of Pakistan and the High Court of East Pakistan in......ore me. I affirm the judgment and decree of the lower ap­pellate Court. The result is the Rule is discharged. No order as to costs. Ed. This Case is also Reported in: 42 DLR (HCD) (1990) 408...

Category: Property Law | Date: | Hits: 95

Abu Bakar Sikder Vs. Monowara Begum (Mst.), 1989, 18 CLC (HCD)

....do not find any substance in the appeal and the same is dismissed with cost. The judgment and decree of the Court below are affirmed. Ed. This Case is also Reported in: 42 DLR (HCD) (1990) 403. ......do not find any substance in the appeal and the same is dismissed with cost. The judgment and decree of the Court below are affirmed. Ed. This Case is also Reported in: 42 DLR (HCD) (1990) 403. ..

Category: Property Law | Date: | Hits: 152

Hafizuddin Vs. State, 1989, 18 CLC (HCD)

....alleged Dying Declaration is false and concocted and it should be discarded as a piece of evidence against the accused-appellants. 15. Now let us see whether accused Hafizuddin and Kafiluddin made judicial confessions before the Magistrate admitting their guilt. The law on this point is that a co......­quitted of the charge levelled against him. Let him be released from jail forthwith if not wanted in connection with any other case. Ed. This Case is also Reported in: 42 DLR (HCD) (1990) 397. ..

Category: Criminal Law | Date: | Hits: 92

Rajendra Nath Shaha @ Rajendra Prasad Shaha & another Vs. Md. Sonaullah Pramanik & others, 1989, 18 CLC (HCD)

....isposal in accordance with law and consonant to the observations made by this Court. The parties shall bear their respective costs. Ed. This Case is also Reported in: 42 DLR (HCD) (1990) 393. ......isposal in accordance with law and consonant to the observations made by this Court. The parties shall bear their respective costs. Ed. This Case is also Reported in: 42 DLR (HCD) (1990) 393. ..

Category: Administrative Law | Date: | Hits: 488

Ujjal Hossain (minor) & Others Vs. Firoja Khatun & Others, 1989, 18 CLC (HCD)

....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.......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

Saju Hosein Vs. Press Appellate Board and others, 2011, 40 CLC (HCD)

....matter. 10. The petitioner got dissatisfied by the one-sided findings of the Board. The issue does not revolve round the question of Declaration only, as applied for, but also the propriety of the judicial process and the credibility of the Board, in upholding the press freedom under the law and ...... For the reasons assigned above, the Rule is destined to founder, wherefor the same is discharged. There is no order on cost. Jahangir Hossain J.- I agree. Ed. This Case is also Reported in: ..

Category: Others | Date: | Hits: 171

Md. Alamgir Bhuiyan Vs. State, 2012, 41 CLC (HCD)

.... registration cards, mark sheets, original certificates, check book and pass book against the bank account maintained by the Madrash etc. 3. On receipt of the complaint, the Magistrate sent it for judicial inquiry to be conducted by the Assistant Commissioner (land) Devidwer, Comilla by his order......e order of stay granted at the time of issuance of the Rule is vacated. Communicate a copy of the judgment immediately. Mohammad Marzi-ul-Huq J.- I agree. Ed. This Case is also Reported in: ..

Category: Criminal Law | Date: | Hits: 85

Sahajahan and others Vs. State, 2012, 41 CLC (HCD)

....y to appear before the Court and shall consider their prayers for bail, if any. Send down the lower Court’s record. Mohammad Marzi-ul-Huq J.- I agree. Ed. This Case is also Reported in: ......ts that the first information report clearly discloses offence of holding illegal arms, explosion of bombs, creating terror in a polling centre and obstructing public servants from discharging public functions. Police, after investigation, submitted charge sheet. The trail Court had framed charge an..

Category: Criminal Law | Date: | Hits: 124

Abul Kashem & anoth­er Vs. State, 1990, 19 CLC (HCD)

....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-judicial confession admitting to have murdered rickshaw van puller Khalilur Rahman and to have stole......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

Jinnatunessa Vs. Bangladesh, 1995, 24 CLC (HCD)

....ns. As such, I find substance in the above submission the learned Advocate. Mr. Gour Gopal Shaha submits that in passing the ex parte order in suit No.492 of 1981 the learned Munsif did not apply its judicial mind; the suit being a suit for cancellation of a decree it was incumbent upon the plaintif...... Subordinate Judge, 1st Court, Mymensingh in OC Appeal No.125 of 1986 are hereby set aside and the OC Suit No.492 of 1981 is dismissed. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 208...

Category: Limitation Law | Date: | Hits: 239

Jalaluddin Bhuiyan Vs. Abdur Rouf and others, 1997, 26 CLC (HCD)

....case. 10. Accordingly, the impugned order of the Sessions Judge, Brahmanbaria dated 8-7-96 passed in Criminal Motion No.10 of 1996 is set aside and we direct the Magistrate, Brahmanbaria to hold a judicial inquiry into the Naraji petition which in the eye of law is a petition of complaint and the...... petition which in the eye of law is a petition of complaint and then pass necessary order. The Rule is accordingly made absolute. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 408. ..

Category: Criminal Law | Date: | Hits: 143

Fatima Begum (Mst.) Vs. Government of Bangla­desh and others, 1989, 18 CLC (HCD)

.... (3) The Chairman shall be a person who is, or has been, or is qualified to be, a Judge or Additional Judge of the Supreme Court and of two other members, one shall be a person who is or has been a judicial officer not below the rank of Additional District Judge and the other a person who is or ha......e heard and disposed of afresh by the properly constituted Court of Settlement. Let the records of the case be sent down at once. Ed. This Case is also Reported in: 42 DLR (HCD) (1990) 342. ..

Category: Labour and Industrial Law | Date: | Hits: 197

Karnafully Paper Mills Sramik Karmachari Union Vs. Registrar of Trade Union, 1989, 18 CLC (HCD)

.... Courts have jurisdiction to examine into cases where the provisions of the Act have not been complied with, or the statuto­ry tribunal has not acted in conformity with the fundamental principles of judicial procedure." The other dicta of importance have been laid down by Wolverhampton New Water......ought be­fore it under the Ordinance. (b)...................................................... (c)........................................... (d) exercise and perform such other powers and functions as are or may be conferred upon or assigned to it by or under this Ordinance." Industri..

Category: Labour and Industrial Law | Date: | Hits: 179

Anuj Choudhury & others Vs. Sailendra Kishore Chowdhury and others, 1998, 27 CLC (HCD)

....is discharged as being incompetent without any order as to costs. The order of stay granted earlier by this court is hereby vacated. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 460.......is discharged as being incompetent without any order as to costs. The order of stay granted earlier by this court is hereby vacated. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 460...

Category: Property Law | Date: | Hits: 106

Abdul Karim Vs. Bangladesh, 1998, 27 CLC (HCD)

....reported in 15 BLD, 509 wherein a Single Bench of this court has held in para 19 as follows: “Now I would like to consider the legal aspect of the case. It appears from the end of the earlier judicial pronouncement that in a suit for permanent injunction the plaintiff is to prove exclusive p......charged. In the result, the Rule is discharged with cost, the suit is dismissed. Send down the records of the courts below at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 447...

Category: Property Law | Date: | Hits: 103

Uttara Jute Fibres Industries and another Vs. Ashraf Jute Mills Ltd., 1992, 21 CLC (HCD)

....he High Court Division exercises is a special statutory jurisdiction conferred upon the High Court Division by the Companies Act itself. Mr. Huq has also contended that there is a distinction between judicial power and jurisdiction of a "Court"; judicial power is inherent in the Court itself and jur......istan Supreme Court Mr. Huq submitted that the High Court Division has the judicial power being established by the Constitution empowering to exercise such original and other jurisdiction, powers and functions as or as may be conferred to it by the Constitution or any other law. According to Mr. Huq..

Category: Company Law | Date: | Hits: 317