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Khan Md. Ruhul Amin Vs. Chairman, Labour Court, Khulna and others, 1990, 19 CLC (HCD)
.... 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....... 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.......n Khalishpur, Khulna and the said Mill, being a nationalised industry, is a component of the Bangladesh Jute Mills Corporation. He was appointed on 7-1-69 as the teacher of that school by the then management of the said Mill and since then he has been serving continuously in that High School as the ..Category: Labour and Industrial Law | Date: | Hits: 184
Serajul Islam and others Vs. State, 1994, 23 CLC (HCD)
....acquitted and be set at liberty forthwith, if not wanted in connection with any other Case. Send down the record of the case at once. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 165. ......us person and a hijacker or that he was killed by the local people at Darbesherhat or that no occurrence took place to the south of Ragunathpur Bazar. She states that appellants Gofran and Sattar are full brothers who hail from Suiatpur and denies that a false case against appellant Giasuddin and hi......llah, was returning from Dhalua Bazar by a motor cycle which he was driving, with P.W.3 Abu Taher sitting behind him. When the victim reached the northern bank of the house of appellant Gofran at village Ragunathpur (which was the village of the deceased) accused Abdullah Al‑Mamun alias Sohag (son..Category: Criminal Law | Date: | Hits: 147
Nurjahan Begum Vs. Government of the Peoples Republic of and others, 1998, 27 CLC (HCD)
.... 2-9-87 (Annexure H) and the notice dated 24-10-1987 (Annexure-J) within one month from the date of receipt of this judgment and order. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 426.......pleting the road and an agreement was made in between them, true copy of which annexed as Annexure-X to this affidavit and the petitioner delivered possession of two decimals of land on receiving the full consideration amount and respondent No.4 completed the road with those two decimals of land and...... 2-9-87 (Annexure H) and the notice dated 24-10-1987 (Annexure-J) within one month from the date of receipt of this judgment and order. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 426...Category: Property Law | Date: | Hits: 156
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. ......eba deed was written by one Ramoni Ranjon. That the heba deed was read over and Abdur Rahman Sikder, the donor of the said deed, also read the deed himself and thereafter, out of his free will and in full consciousness, he executed the heba deed. Defendant No.1 has also stated that after the registr...... Fakirbari, Barisal town. Abdur Rahman Sikder died on 18.12.67 and before his death he was suffering from acute ailments. He was bed-redden and was under exÂpectation of imminent death. Taking advantage of his ailments, his third wife i.e. defendant No.1 Mst. Monowara Begum, by exercising undue inf..Category: Property Law | Date: | Hits: 152
Hafizuddin Vs. State, 1989, 18 CLC (HCD)
....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. ......w story reÂgarding the alleged occurrence. P.W.9 Ayet Ali has also contradicted the evidence given by P.W.10, Amjad Ali regarding the manner of occurrence. So the evidence of P.W.s 1, 2, 9 and 10 is full of contradicÂtions on material points which cannot be ignored. Some witnesses have stated that......nd police officers. In this case, there is no eyeÂwitness of the occurrence. The prosecution has tried to prove its case by proving an unwritten Dying Declaration of the deceased made before the villagers and confessional statements of accused Hafizuddin (appellant) and accused Kafiluddin recorded ..Category: Criminal Law | Date: | Hits: 92
Parvaj Vs. State, 2012, 41 CLC (HCD)
....surrender before the trial Court to serve out the remaining period of his sentence. Communicate a copy of the judgment. Mohammad Marzi-ul-Huq J.- I agree. Ed. This Case is also Reported in:......ke any step to call for the record. So we are to base on the materials available in the record of the High Court Division. 14. It appears from annex-C series that the informant as P.W.1 deposed in full support of the prosecution case. In his evidence there is no departure from the ejahar. P.W.2, ......use No.14 and exploded two cocktails consecutively on the glasswindow at the northern side of his house [situated at 9/10, Jadunath Basak Lane (3rd floor)]. It created havoc in the area and caused damage to the windows. After the explosions, local people rushed to the house of occurrence and the acc..Category: Criminal Law | Date: | Hits: 73
Md. Haider Alam Vs. State, 2012, 41 CLC (HCD)
....entence, if any. In case of his failure to do so, the law will take its own course. Send down the lower Court’s record. Mohammad Marzi-ul-Huq J.- I agree. Ed. This Case is also Reported in: ......gnature thereon as exhibit-1/3. He also did not explain as to why he signed the paper without seeing the recovery. 11. From a close scrutiny of the evidence, it appears that the informant as P.W.1 fully supported the ejahar without any deviation. P. Ws. 2 and 5, two members of the police team suf......pellant. There is also no reason to disbelieve the evidence of police personnel. 15. Learned Judge of the Special Tribunal considered each and every piece of evidence and also considered the young age of the appellant and awarded lowest sentence upon him. We do not find any illegality in the judg..Category: Criminal Law | Date: | Hits: 113
Md. Saiful Islam alias Maznu Vs. State, 2010, 39 CLC (HCD)
....custody during the trial will be deducted under section 35A of the Code. Send down the lower Court’s records. Mohammad Marzi-ul-Huq J.- I agree. Ed. This Case is also Reported in: ......Md. Saiful Islam alias Maznu had killed his wife Jotsna Begum by beating and strangulation. There is nothing illegal to interfere with the impugned judgment and order of conviction. 9. We have carefully examined the evidence and other materials on record, and considered of the submissions of lear......orous imprisonment for one year more. 2. Informant Haji Abdul Gafur Talukder lodged an ejahar with Kalihati Police Station alleging, inter alia, that he had given his daughter Jotsna Begum in marriage with the appellant Md. Saiful Islam alias Maznu three and half years back. On the date of occurr..Category: Criminal Law | Date: | Hits: 110
Noab Mia and another Vs. State, 2012, 41 CLC (HCD)
.... on 11.9.1985. Long after his death, the petitioners surrendered on 25.1.1990 and wangled an order of bail from the Court on the plea of compromise with the informant. In so doing, they had managed a woman named Ranga Bala Begum to appear before the Court, who pretended to be the widow of the deceas......nder before the trial Court to serve out the remaining period of their sentences. Send down the records of lower Courts. Mohammad Marzi-ul-Huq J.- I agree. Ed. This Case is also Reported in: ......nt died on 11.9.1985. Long after his death, the petitioners surrendered on 25.1.1990 and wangled an order of bail from the Court on the plea of compromise with the informant. In so doing, they had managed a woman named Ranga Bala Begum to appear before the Court, who pretended to be the widow of the..Category: Limitation Law | Date: | Hits: 194
Rahmania Agencies Ltd. and another Vs. Bangladesh and others, 1989, 18 CLC (HCD)
....tion are hereby declared to have been passed without lawful authority and are of no legal effect. There will be no order as to costs. Ed. This Case is also Reported in: 42 DLR (HCD) (1990) 363. ......the Government informing delivery of 5 kathas and 12 chattaks out of total 7 kathas and 8 chattaks of land. 3. It is further stated in the petition that though the Government could not deliver the full land as described in the deed of lease, suddenly on 4.5.68 a notice was issued to the petitione......tion are hereby declared to have been passed without lawful authority and are of no legal effect. There will be no order as to costs. Ed. This Case is also Reported in: 42 DLR (HCD) (1990) 363. ..Category: Property Law | Date: | Hits: 115
Abdul Majid Vs. State, 2003, 32 CLC (HCD)
....ation report will have value not more than the statement under section 161 of the Code of Criminal Procedure. 15. He argues that victim who earlier got married 4 times with different persons was a woman of questionable character and, as such, she might have gone away with someone else of her choi......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.......heuly who was 10/12 years old at the time of occurrence. While living with her father (informant) Shefali developed love and intimacy with accused Abdul Majid and the relationship ended in their marriage. They were living together as husband and wife. The informant, two years back, on a Friday went ..Category: Criminal Law | Date: | Hits: 112
Abul Kashem & anothÂer Vs. State, 1990, 19 CLC (HCD)
....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.......the PS. Defence declined to cross exÂamine this witness. 26. P.W.14 Nasar. Ali, father, P.W.17 Fuljan, mother, P.W.15 Hasua Khatun, sister and P.W.19 Ruhul Amin, brother-in-law of the victim have fully corroborated P.Ws.12, 13 and 18 P.Ws.14 and 17 also stated that on hearing about the murder th......LR (AD) 117=1987 BLD (AD) 212; Srikantia Vs. State of Mysore AIR 1958 (SC) 672; Barendra Kumar Ghosh Vs. King EmperÂor, 52 IA 40 =AIR 1925 (PC) 1; Sheikh Ahmed Vs. The State 1979 BSCR (Vol. III) at page 417, Abed Ali Vs. the State being Criminal Appeal No.4 of 1989. Lawyers Involved: Sheikh A..Category: Criminal Law | Date: | Hits: 147
Jinnatunessa Vs. Bangladesh, 1995, 24 CLC (HCD)
.... 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....... for hearing and after recording deposition of the petitioner and marking the relevant documents as exhibits the Court was pleased to allow the said Misc. Case; that the opposite party Government had full knowledge of the said ex parte order dated 09.01.71; that the Opposite party Government filed M...... 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
Kawsarun Nessa and another Vs. State, 1994, 23 CLC (HCD)
....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. ......first wife and the deceased (Monowara Begum) was the second wife. The accused appellant Kawsarun Nessa is the daughter of aforesaid Abdul Barek, by his first wife. 3. The informant, Md. Safu Miah, full brother of the deceased lodged Ejahar with Rupaganj police station alleging that on 6.10.1984 h......fence punishable under sections 302/34 of the Penal Code and sentencing each of them there under to suffer imprisonment for life. 2. The prosecution case, in short, was that One Abdul Barek of village Golan, P.W. Rupganj, District Narayanganj had two wives. The accused appellant Shahera Khatun is..Category: Procedural Law | Date: | Hits: 155
Chand Mian (Md.) Vs. Khodeza Bibi and others, 1989, 18 CLC (HCD)
....nding. Hence this portion of the finding of the appellate Court is also not a proper judgment of reversal. 11. The appellate Court has found that the deÂfendant-appellant is an illiterate village woman and it has not been proved that she received independent and disinterested advice at the time ...... possession of the suit land was delivered to him by the defendants. Hence the suit for specific performance of contract. 3. The case of the defendants, in short, is that defendant Nos.2 and 3 are full sisters of the plaintiff-petitioner and defendant No.4 is his mother. The scribe of the alleged......gned by the defendant No.1 along with others on the understanding that she was giving her L.T.I, in the stamp paper for conducting O.C. Suit No.237 of 1974. The defendant No.1 is illiterate and a village lady. She did not enter into any contract with the plaintiff-petitioner and has not received a s..Category: Property Law | Date: | Hits: 133
Karnafully Paper Mills Sramik Karmachari Union Vs. Registrar of Trade Union, 1989, 18 CLC (HCD)
....ack to the learned SuborÂdinate Judge for decision on merit. The Rule is accordingly made absolute without any order as to costs. Ed. This Case is also Reported in: 42 DLR (HCD) (1990) 329. ......ny order as to costs. Ed. This Case is also Reported in: 42 DLR (HCD) (1990) 329. ......ect: "18. Immunity from civil suit in certain cases.—(1) No suit or other legal proceedings shall be maintainable in any civil Court against any registered trade union or collective bargainÂing agent or any officer or member thereof in reÂspect of any action done in contemplation or furtheran..Category: Labour and Industrial Law | Date: | Hits: 179
Marine Oil Broking Company Pte Ltd. Vs. MV Daizu Maru & others, 2002, 31 CLC (HCD)
....ntee will be discharged and be returned to the concerned bank through the learned Advocate appearing on behalf of the defendant No.1. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 471. ......the learned Advocate refers to is Medway Drydock & Engineering Co. Ltd. Vs. mv Andrea Ursula (1973) 1 QB 265. In that case, Anglo‑Med Shipping and Transport Management Ltd. (Anglo‑Med) was in full possession and control of the ship 'Andrea Ursula’ under a demise charter and also under a co......f of the plaintiff, most of which were photostat copies and those were marked as exhibits with objection. This witness proved the following documents on behalf of the plaintiff: 1. Computer message dated 1‑8‑1996 from MOBCO agencies to Optima (Exhibit 1), quoting the price of the oils. ..Category: Admiralty Law or Maritime Law | Date: | Hits: 394
Nurul Islam and others Vs. Azimon Bewa, 1998, 27 CLC (HCD)
....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.......dents of a contract of sale. Accordingly, possession is not required to complete the transfer as it is in the case of a heba, and an undivided share (mushaa) in property capable of division may be lawfully transferred by it though this cannot be done in the case of a heba (y) Two conditions, however......ange, namely copies of the Holy Quran but how and in which manner it is not there. 8. A transaction namely, Heba-bil-ewaj has been defined in section 168 of Mohammedan Law in the following language: “A heba-bil-ewaj, as distinguished from a heba or simple gift, is a gift for a consider..Category: Property Law | Date: | Hits: 103
Abdul Karim Vs. Bangladesh, 1998, 27 CLC (HCD)
....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.......nd set aside the judgment and decree of the trial Court and dismissed the suit for permanent injunction. 3. Case of the plaintiffs, now petitioners, in short, is that the plaintiffs 1 and 2 are full brothers. Plaintiff 1 took settlement of 2.05 acres land from plot 545/51. Plaintiff 2 took set......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
Anwar Hossain Vs. Momtaz Begum, 1999, 18 CLC (HCD)
....entioned Family suit are also set aside. Stay granted earlier by this Court is vacated. Send down the lower Court records at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 444. ...... false suit which is liable to be dismissed. 4. The trial Court recorded the evidence of 5 P.Ws. as against 3 D.Ws. and upon conclusion of trial of the suit he decreed the suit of the plaintiff in full by the judgment and decree dated 7-9-1995 and 13-9-1995 respectively. Against the aforesaid jud......ue of Ornaments. It is the further case of the plaintiff that it was agreed upon that Taka 15,000.00 would be the prompt dower and the rest would be deferred dower. There was no kabinnama of the marriage due to the financial difficulty of the defendant. After the marriage the plaintiff went to live ..Category: Family Law | Date: | Hits: 230
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