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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 con­nected Rule is also discharged without any order as to cost. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 432. ......rged without any order as to cost. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 432. ......roceedings before the Arbitrator. Thus it is not open to the said party now to turn around and say that the Arbitrator has no jurisdiction. Moreover, objection as to jurisdiction being "technical" in nature, the same is not tenable at a belated stage. This view finds support in the case of Coal Cont..

Category: Alternative Dispute Resolution | Date: | Hits: 251

Serajul Alam Khan Vs. State, 1992, 21 CLC (HCD)

....The Rule is, accordingly, made absolute. Let an advance order be sent to the Superinten­dent, Comilla Central Jail, Comilla. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 603.......n advance order be sent to the Superinten­dent, Comilla Central Jail, Comilla. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 603.......ding Ben­gali State. it is submitted that the Bengali studies conference is an old on‑going concept and has been continuing for ever a quarter of a century. Theme of the conference was of academic nature and had nothing to do with the formation of a greater Bengali State. It is also denied that t..

Category: Criminal Law | Date: | Hits: 156

Abdul Aziz Vs. State, 1990, 29 CLC (HCD)

.... the reasons stated above, this appeal has no merit. Accordingly, I dismiss the appeal in limine on the ground of incompetency. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 594. ...... Accordingly, I dismiss the appeal in limine on the ground of incompetency. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 594. ...... Respondents is inadequate. On careful reading of the judgment it seems to me that the learned Sessions Judge taking into consideration the deposition of those P.Ws. found that the hurt was simple in nature and accordingly awarded the sentence under challenge. 7. As I will dismiss the appeal o..

Category: Criminal Law | Date: | Hits: 110

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....... Vs. Ershad Ali Fakir and others ............Opposite Parties Judgment August 30, 1990. Result: The rules are made absolute. Cases Referred to- Md. Shahabuddin Vs. The Janata Bank, 41 DLR 94; Senior Manager, Dosta Textile Mills Ltd. & another Vs. Sudhan......r of law in holding that the plaintiffs are not workers. Mr. Kazi A T Monwaruddin, the learned counsel appearing on behalf of the petitioners in both the rules, submitted that regard being had to the nature of jobs of the plaintiffs and their own admission in the plaints the plaintiffs are workers w..

Category: Labour and Industrial Law | Date: | Hits: 176

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. ......on in accordance with law. AM Mahmudur Rahman J. - I agree. Ed. This Case is also Reported in: 39 DLR (HCD) (1987) 11. ......(Bombay) 470 in a case arising from the defendant's failure to file a written statement and upon the Judge's order fixing the case for hearing ex-parte. "It is not unco­mmon to make an order of that nature where no written statement is put in, but such an order cannot be justified. The Judge should..

Category: Procedural Law | Date: | Hits: 180

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.......al 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.......sation, needs due care to took after its valued passengers by offering best services in the ever competitive airline business of the world and Biman Cabin Crew plays a vital role. Keeping in view the nature of the services of the Flight Stewardess, Steward and other employees the Government in 1984 ..

Category: Employment/Service Law | Date: | Hits: 361

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....... 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.......Provision the President s going to contravene or has contravened on admitted grounds of action under Article 356(1) for, while Article 74 (2) disables Courts from inquiring into the very existence or nature or contents of Ministerial advice to the President, Article 356 (5) makes it impossible for C..

Category: Criminal Law | Date: | Hits: 111

Nurul Huda Vs. Bahar Uddin & others, 1989, 18 CLC (HCD)

....of the Code in the then East Pakistan Act No. XXXVI of 1957, noted above, may take appropriate steps in the matter, if it so desires. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 395. ......d above, may take appropriate steps in the matter, if it so desires. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 395. ......ha Nath Chowdhury & others Vs. Kamir Mondal and others, 17 DLR (SC) 392, Hamoodur Rahman J (as his Lordship then was) also observed as follows:- "A proviso, as is generally accepted, is in the nature of an exception to the substantive provision to which it has been appended." Of course, th..

Category: Criminal Law | Date: | Hits: 158

MA Jahangir & another Vs. Abdul Malek & others, 1989, 18 CLC (HCD)

....e reasons stated above, I do not find of the any substance in this Rule. The Rule is discharged. There will be no order as to costs. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 389. ......d. Fakirullah Mia Mutwalli Vs. Bimalendra Nath Maitra, 12 DLR 704; 12 DLR 704; Md. Salih Sahib Vs. Adam Sahib, 1977 Mad. 368; India Cable Co. Ltd. Vs. The Union of India, 1976 Pat.76; M/s. Ganesh Trading Co. Ltd. Vs. Moji Ram 1978 (SC) 484. Lawyers Involved: S.C. Das with Rabi Sankar Chakrabor......04 also supports the view I have taken above. Mr. Das, secondly, contended that the learned Subordinate Judge com­mitted an error of law in allowing the amendments as the amendments have changed the nature and char­acter of the suit. Mr. Das urged that the application for amendment was filed on 4...

Category: Procedural Law | Date: | Hits: 133

Kohinoor Chemical Compa­ny Ltd. & others Vs. Eastern Shippers & Traders Ltd., 1989, 18 CLC (HCD)

....been discussed above, we do not find any reason to interfere with the order impugned before us. We reject this application in limine. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 387. ......o Reported in: 41 DLR (HCD) (1989) 387. ......tion the petitioners raise a short but an important question of law as to whether rule 1 of Order 11 of the Code of Civil Procedure as amended by Ordinance XLVIII of 1983 is mandatory or directory in nature. 2. To answer this question short facts neces­sary to state are that the opposite-party a..

Category: Procedural Law | Date: | Hits: 133

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. ......o costs. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 379. ......on in declaring the opposite party No.4 as Chairman of the said Upazila Parishad in place of the petitioner inasmuch as by allowing the belated application for amendment of the election petition. The nature and character of the election petition has been materially changed. The learned Advocate seco..

Category: Election Law | Date: | Hits: 252

Shawai @ Mohammad Hussain & others Vs. State, 1989, 18 CLC (HCD)

....Khurshed and Sujan their appeal is dismissed and or­der of conviction is modified as indicated above but the sentence is maintained. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 373. ......ction is modified as indicated above but the sentence is maintained. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 373. ...... the accused with the distinct head of crime and as such provisions of the sections 236 and 237 of the Code of Criminal Procedure were not applicable but case of Md. Anwar the facts being doubtful in nature as to what offence or distinct head of liability the case would fall, there was room for doub..

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. ...... The Rule in Contempt Petition No.3 of 1987 is discharged. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 364. ......he judgment of the then Dhaka High Court in Writ Petition No.386 of 1967 arising out of the above proceeding as follows:- "The scope of section 143 of the Act is, in our opinion, of a very limited nature. It authorises the Collector to maintain up to date record of rights and to make such correct..

Category: Property Law | Date: | Hits: 129

Abdul Khaleque and others Vs. State, 1988, 17 CLC (HCD)

....et the appellant Nos.1 and 2 be set at liberty if not wanted in any other case and the appellant No.3 be discharged from her bail bond. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 349.......ny other case and the appellant No.3 be discharged from her bail bond. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 349.......rface of the ventricular cavity of the heart found penetrated. The Doctor opined that the death was due to shock and haemorrhage resulting from the above injury which was ante-mortem and homicidal in nature. Thus it is found that the stabbing injury on the back of the dead body of Lechu Bibi was the..

Category: Criminal Law | Date: | Hits: 101

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. ......ndergone. 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. ...... surface of the left forearm obliquely 2” in length. 9. According to the doctor death was caused due to shock and haemorrhage as a result of the injury No.1 which is ante-mortem and homicidal in nature. P.W.1 Md. Sabed Ali, P.W.12 Most. Ramjan Bidi and P.W.23 Most. Senu Bibi have been tendered ..

Category: Criminal Law | Date: | Hits: 139

Judges of the High Court Division Vs. Ashok Kumar Karmaker, 1995, 24 CLC (HCD)

....udgment be sent to the Ministry of Law, Justice and Parliamentary Affairs of the Government of the People’s Republic of Bangladesh. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 179. ......rliamentary Affairs of the Government of the People’s Republic of Bangladesh. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 179. ......t in a great detail and almost all aspect of law of contempt were considered as the contemner defended himself. But as in the instant case the contemner seeks mercy and apology I shall confine to the nature of writing. It can easily be presumed that the writer of the present article, a judicial offi..

Category: Criminal Law | Date: | Hits: 149

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. ......er (Md.)..............Petitioner Vs. Hajrat Ali Halder & others...............Respondents Judgment June 15, 1995. Result: The Rule is discharged. Cases Referred to- Aseruddin Sk Vs. Serqiuddin Talukder, 30 DLR 75; Tayeb Ali and another Vs. Abdul Mutlib in Civil Appeal No.......present petitioner contested the pre‑emption proceeding on the ground that the case was barred by limitation, pre-emptors were not co-sharer and the case land being homestead is not agricultural in nature, the case is bad for non-joinder of necessary parties. Both the Courts found that the case wa..

Category: Property Law | Date: | Hits: 106

Hafiz Ahmed Vs. Ahmedur Rahman and others, 1995, 24 CLC (HCD)

....llowing the pre‑emption are set aside. The pre‑emption case is dismissed. No order as to costs. Send down the records at once. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 170. ...........Petitioner Vs. Ahmedur Rahman and others.................Opposite party Judgment March 20, 1995. Result: The Rule is made absolute. Cases Referred to- Shamsuzzoha Nurul Amin Vs. Province of East Pakistan, 22 DLR 377; Md. Newjish Khan Vs. Md. Amin, 21 PLD 622; Md. Amin Kh......n view of the above position I find that the intention of the legislature was very clear to exclude transfers made by way of bequest (dictionary meaning will) and gift (Heba) affected in the form and nature as in the present case and also Heba-Bil-Ewaz when it is made without any pecuniary considera..

Category: Property Law | Date: | Hits: 127

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.......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.......bur Rahman the deceased were smoking sitting together and at that time the condemned prisoner Shahjahan came with a dao in hand and hurled the dao blow on the back side of the neck of the victim. The nature of killing has been stated clearly in the First Information Report in details and it has also..

Category: Criminal Law | Date: | Hits: 130

Bangladesh General Insurance Co. Ltd. Vs. Chalna Marine Products Co. Ltd., 1999, 28 CLC (HCD)

....sult, the FA No.129 of 1995 is dismissed without any order as to costs. Send down the lower Court records of both the suits at once. Ed. This Case is also Reported in: 51 DLR (1999) (HCD) 357.......urt records of both the suits at once. Ed. This Case is also Reported in: 51 DLR (1999) (HCD) 357....... he wrote letters to the local Janata Bank or and after 3-11-88 and to the defendant on 6-12-8 when the power according to him was disrupted on 28-11 88 consequence of which was so grave and heavy in nature and when the plaintiff knew that the appellant will have to pay the huge amount and the loss ..

Category: Business or Commercial Law | Date: | Hits: 522