Search Options
Judgment Advanced Search
Displaying 921-940 of 2232 results.
Kumudini Hospital Vs. Kumudini Hospital Karmachari Union & others., 1977, 6 CLC (HCD)
....4 and 625 of 1974 are made absolute and the Rule in Petition No. 306 of 1976 is hereby discharged. There will be no orders as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 655. ......��suspended and the Labour Court came to the conclusion that the order of suspension has become ineffective after the 60 days of the impugned order and accordingly found his entitlement to full wages from the date the order ceased to have effect (Annexure‑H). This order is under challenge. 6. I......r dispensary would be treated as industry. The Indian Supreme Court further overruling the previous decision considered the question of Hospitals and found that the tuberculosis hospital was not an independent institution. It was a research institute. The dominant purpose of the hospital is resear......4 and 625 of 1974 are made absolute and the Rule in Petition No. 306 of 1976 is hereby discharged. There will be no orders as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 655. ..Category: Labour and Industrial Law | Date: | Hits: 123
Tenu Miah and others Vs. The State, 1990, 19 CLC (HCD)
....i Bazar and were kept in the house of Matbar Ali. The dead bodies of Abu who was killed by cross firing was also taken away by the accused party on their shoulders. This statement of PW 1 finds ample corroboration from the statements of PW 2 Wahab, PW 3 Alauddin, PW 4 Somraj, PW 5 Malfu Mia, PW 6 Kh......f 1989, submitted by the learned Additional Sessions Judge, Kishoreganj. 3. The prosecution case in short is, that on 6.1.82 Wednesday, at about 8‑00/8‑30 in the morning, PW 11 Somed came out from his house with a view to going to the field and while he was on the District Board Road, accuse...... Jail Code as the conviction of death sentence is altered to that of under section 304‑Part‑ 1 from sections 302/149 of the Penal Code. Ed. This Case is also Reported in: 43 DLR (1991) 633. ......at the learned Additional Sessions Judge most illegally found the accused‑appellants guilty under sections 302/149 of the Penal Code inasmuch as Mr. Huq suggests, having not come from unimpeachable source, the order of conviction and sentence is liable to be set aside. Mr. Serajul Huq also argues ..Category: Criminal Law | Date: | Hits: 68
Hameeda Banu Vs. AFM Naziruddin, 1990, 19 CLC (HCD)
....nd the suit is dismissed. In the facts and circumstances of the case, we make no order as to costs in the appeal as well as in the suit. Ed. This Case is also Reported in: 43 DLR (1991) 623. ......on the 1st of February, 1962, that out of the wedlock they were blessed with three children‑two sons and a daughter, that the appellant got the suit land described in schedule ‘A’ to the plaint from her mother by way of gift, that on the request of the respondent the appellant permitted him to......nd the suit is dismissed. In the facts and circumstances of the case, we make no order as to costs in the appeal as well as in the suit. Ed. This Case is also Reported in: 43 DLR (1991) 623. ......porting his plaint case. He also stated that the appellant instituted Title Suit No. 292 of 1980, against him and obtained a decree for dissolution of marriage between them, that the appellant had no source of income, that the appellant is the owner of schedule 'A' land which she got by way of gift ..Category: Property Law | Date: | Hits: 110
Mozammel (Md.) Huq Vs. State, 1990, 19 CLC (HCD)
....orted case the learned Judge found that the evidence led by the prosecution was unsatisfactory inasmuch as the witnesses were all in the position of bribe‑givers themselves and there was as such no corroboration by any independent witness. Further it was observed that there is no other witness who...... be punished only by the Customs authority by imposing penalty and tried, convicted and sentenced to imprisonment or whipping only by a Magistrate, the entire trial of the accused appellant beginning from taking of cognizance upto the passing of the order of conviction and sentence was vitiated for ......d Judge found that the evidence led by the prosecution was unsatisfactory inasmuch as the witnesses were all in the position of bribe‑givers themselves and there was as such no corroboration by any independent witness. Further it was observed that there is no other witness who could see the occurr......Court. The Special Tribunal shall have the liberty to cancel the bail‑ of the accused if and when he finds it necessary in course of trial. Ed. This Case is also Reported in: 43 DLR (1991) 614...Category: Criminal Law | Date: | Hits: 52
Afsar (Md.) Vs. Moulvibazar Pourashava and others, 1990, 19 CLC (HCD)
....this order with proper notice to both the sides. Let the records of the case along with a copy of this order be sent down expeditiously. Ed. This Case is also Reported in: 43 DLR (1991) 589. ......titled to continue in his possession and with the maintenance and management of the Waqf Estate described in the plaint schedule and for permanent injunction restraining the main defendant Nos. 1‑3 from interfering with the plaintiff's possession, maintenance and management of the Waqf Estate. ......and order of the learned Subordinate Judge it is apparent that inspite of dealing with the review application under Order XLVII rule 1 of the Civil Procedure Code, he has dealt with the same as it an independent original application for temporary injunction or as if he has sat over a judgment of the......this order with proper notice to both the sides. Let the records of the case along with a copy of this order be sent down expeditiously. Ed. This Case is also Reported in: 43 DLR (1991) 589. ..Category: Trust/Waqf Law | Date: | Hits: 181
Khelu Mia and others Vs. State, 1990, 19 CLC (HCD)
....can be relied upon to sustain the conviction of the accused appellants. It is well‑settled that an interested witness particularly when she is the wife of the victim as in this case, an independent corroboration of her evidence should be sought for in view of the principles of the rule of prudence......ia cut the throat of tier husband by knife which caused his death and thereafter they left away; that the informant PW 1 coming to the place of occurrence heard the names of the 4 assailants out of 5 from PW 2 and he himself disclosed the name of the other accused as Abdul Hye whom he had recognised...... occurrence can be relied upon to sustain the conviction of the accused appellants. It is well‑settled that an interested witness particularly when she is the wife of the victim as in this case, an independent corroboration of her evidence should be sought for in view of the principles of the rule......are acquitted of the charges levelled against them. Let the appellants be set at liberty at once, if not wanted in any other connection. Ed. This Case is also Reported in: 43 DLR (1991) 573. ..Category: Criminal Law | Date: | Hits: 82
Bangladesh Vs. Dewan Obaidur Reza Chowdhury and Others, 1990, 19 CLC (HCD)
.... the plaintiff has possession in the suit land. "But the lower appellate Court appears to have field apparently upon misreading and also mistaken assumption of fact that "PW 4 Tazammul Ali deposed in corroboration of the plaint case of settlement and possession of the disputed land by plaintiff". ......chment on the gopat; that the plaintiff admitted the gopat and remained in possession of the land lying to the west of the same; that thereafter he reclaimed the entire disputed land and possessed it from the time of reclamation and that subsequently the Court of Wards Estate realised rent from the ......are upheld. In the facts and circumstances of the case, there will be no order as to costs. Send down the lower Courts records immediately. Ed. This Case is also Reported in: 43 DLR (1991) 551. ......are upheld. In the facts and circumstances of the case, there will be no order as to costs. Send down the lower Courts records immediately. Ed. This Case is also Reported in: 43 DLR (1991) 551. ..Category: Property Law | Date: | Hits: 101
State Vs. Md. Ali Kibria @ Shahzijahan and others, 1990, 19 CLC (HCD)
.... intimidation and torture. It is asserted in that application that he was so severely tortured by the police that he had to seek medical aid within the jail premises. Now a retracted confession needs corroboration in as much as it is always open to suspicion and cannot be acted upon unless corrobora......rst Information Report was lodged by one Shafique Ahmed on 30.3.85 at 9 PM at Dhanmondi PS being Dhanmondi PS Case No. 65(3)85 alleging inter alia that the informant received a telephone call at 4 PM from his uncle Nurur Rahman that at 41/4‑A, Jigatala in Dhaka City his distant cousin Kaoser son o......e that he had to seek medical aid within the jail premises. Now a retracted confession needs corroboration in as much as it is always open to suspicion and cannot be acted upon unless corroborated by independent and credible evidence. It is not a rule of law rather than a rule of prudence. 13. In......side. The condemned prisoner Mohammad Ali Kibria alias Shahjahan is set at liberty forthwith if not wanted in connection With any other case. Ed. This Case is also Reported in: 43 DLR (1991) 512...Category: Criminal Law | Date: | Hits: 93
Delta Jute Mills Limited and another Vs. Sonali Bank and others, 1990, 19 CLC (HCD)
....hout lawful authority and is of no legal effect. Considering the facts of the case, we, however, award cost against Respondent No. 2 only. Ed. This Case is also Reported in: 43 DLR (1991) 483. ......ladesh to show cause as to why letter No. Advance/Loan 4904 dated 23.6.87 issued by the Deputy General Manager, Sonali Bank, Zonal Office, Motijheel Commercial Area, Dhaka disallowing further drawing from the Cash Credit Account of the petitioner Company with the said bank from 1st July, 1987 should......ngs from its cash credit account would be allowed from 1.7.87. Obviously, the letter was written in pursuance of the direction of Respondent No. 3. Respondent No. 1 does not also claim it to be their independent commercial decision. Annexure "B" to the supplementary affidavit reveals that the said d......hout lawful authority and is of no legal effect. Considering the facts of the case, we, however, award cost against Respondent No. 2 only. Ed. This Case is also Reported in: 43 DLR (1991) 483. ..Category: Company Law | Date: | Hits: 213
Government of Bangladesh and others Vs. Abul Hashem Khan, 2009, 38 CLC (AD)
.... is set aside. The case is, thus, dismissed. In the result, this appeal is, accordingly, allowed without any other as to costs. Ed. This Case is also Reported in: VIII ADC (2011) 271. ......y Collector and was granted Senior Scale on 15.07.1981; that on 04.02.1982 he joined on promotion as Additional Deputy Commissioner. By an order dated 22.05.1983, however, he was compulsorily retired from service under Martial Law Order No.9; that in view of the representation made by him from tim...... created/set up specially only to review the pending review applications when M.L.O. No.9 of 1982 was revoked in respect of order passed under the Martial Law Regulation No.9 of 1982 and thus, a very independent and special forum was created for the purpose under para-1A of the MLO No.9 of 1982, the...... is set aside. The case is, thus, dismissed. In the result, this appeal is, accordingly, allowed without any other as to costs. Ed. This Case is also Reported in: VIII ADC (2011) 271. ..Category: Administrative Law | Date: | Hits: 160
Dr. Kazi Mozammel Hoque Vs. State, 1992, 21 CLC (HCD)
....s concerned in the case. In the result, the rule is discharged. Let this order be communicated to the trial Court for information. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 197. ......rd of Doctors wherein the age of the girl has been stated as between 14 to 15 years. In support of the minority of the girl, the petitioner also produced the attested copy of the Transfer Certificate from the Headmaster, Chhagalnaiya Primary School dated 26.1.87 wherein her date of birth was mention......complexion of the custody of a guardian. It has an objective different from confinement or placing restriction on his or her movement. It is for giving a chance to the minor to develop his or her own independent opinion, free from external pressure. As we have already said this is a discretion inher......s concerned in the case. In the result, the rule is discharged. Let this order be communicated to the trial Court for information. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 197. ..Category: Criminal Law | Date: | Hits: 80
Philips Electrical Company Ltd. Vs. Commissioner of Taxes (South) Zone, Dhaka, 1992, 21 CLC (HCD)
.... answer the questions referred to us in the negative and against the Revenue. Parties are to bear their respective costs although. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 190. ...... 31.12.1970. The Appellate Joint Commissioner of Taxes held that as Bangladesh was declared as an independent state on March 26, 1971 and section 1, The Income Tax Act, 1922, was made to apply on and from 26.3.1971 to the whole of Bangladesh the taxing authorities in Bangladesh had no lawful jurisdi......oner of Taxes had no jurisdiction to assess the assessee for the income of the previous year ending on 31.12.1970. The Appellate Joint Commissioner of Taxes held that as Bangladesh was declared as an independent state on March 26, 1971 and section 1, The Income Tax Act, 1922, was made to apply on an......) of the Act the assessee is liable to be taxed for the income of the previous year which ended on 31.12.1970 as the total income of the assessee includes all income, profit and gains from whatsoever source derived and the income accrued in Pakistan for the previous year was deemed to be income by f..Category: Fiscal/Taxation Law | Date: | Hits: 109
Shahidul @ Buidda and others Vs. Mrs. Anwara Begum and others, 2010, 39 CLC (AD)
....ived at a correct decision. There, is therefore, no cogent reason to interfere with the same. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 250. ......luding the accused petitioners. 4. After the case was sent for trial to the Court of Sessions, an application was filed on 10th August, 2003 by the public prosecutor with a prayer for withdrawal from the prosecution of the petitioners. The learned Additional Sessions Judge, Sherpur allowed the ......s. 6. The High Court Division while interfering with the order of the learned Additional Sessions Judge noticed that the learned Additional Sessions Judge allowed the application without forming independent opinion on consideration of the materials on record, that the order was made on being in......ived at a correct decision. There, is therefore, no cogent reason to interfere with the same. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 250. ..Category: Criminal Law | Date: | Hits: 81
Rupali Bank Vs. Haji Ahmed Sabur & another, 1990, 19 CLC (HCD)
....from the date of filing the suit on 2.2.84 till realization with cost and the cross‑objection of the plaintiff‑respondent is dismissed. Ed. This Case is also Reported in: 43 DLR (1991) 464. ......nts. Judgment August 14, 1990. Lawyers Involved: Mir Mohammad Nasiruddin, Advocate ‑ For the Appellant. Mozammel Hossain with Moqbul Ahmed Advocates ‑For the Respondents. Appeal from Original Decree No. 19 of 1986. Judgment Kazi Ebadul Hoque J. - This appeal is at the ins......y in delivering the goods the Court below rightly noticed that the plaintiffs failed to establish the same by any documentary evidence. His oral evidence on the point was also not corroborated by any independent witness. So we find nothing wrong with the trial Court in dismissing plaintiff's claim f......from the date of filing the suit on 2.2.84 till realization with cost and the cross‑objection of the plaintiff‑respondent is dismissed. Ed. This Case is also Reported in: 43 DLR (1991) 464. ..Category: Civil Law | Date: | Hits: 83
Anwar Hossain Monju Vs. State, 1991, 20 CLC (HCD)
....r after taking into consideration of all available materials. In view of the above, I agree with the decision that the rule be discharged. Ed. This Case is also Reported in: 43 DLR (1991) 447.......on was challenged in writ petition No. 612 of 1991 and a Division Bench of this Court declared the detention of the petitioner illegal and without lawful authority but the petitioner was not released from custody because he was shown to have been detained under a specific case arising out of section......declaration of this Court in writ Jurisdiction, is a nullity to which the reply of the learned Attorney‑General has been that this provision as under section 7(a)(b) of the Special Powers Act is an independent provision found in special law namely. Special Powers Act which is quite distinct from t......r after taking into consideration of all available materials. In view of the above, I agree with the decision that the rule be discharged. Ed. This Case is also Reported in: 43 DLR (1991) 447...Category: Criminal Law | Date: | Hits: 98
Tariq Habibullah Vs. State, 1990, 19 CLC (HCD)
....inst him. It is hereby directed that the accused appellant be set at liberty forthwith, if not wanted in connection with any other case. Ed. This Case is also Reported in: 43 DLR (1991) 440. ......llant's mother came to her and reported that deceased Sawpna went inside the bathroom but she was not coming out and at that time there was no male member present in the house. On getting no response from inside the bathroom a friend of accused‑appellant named lqbal Tariq was called from the nearb......e and was given by the same doctor about the cause of death of Sawpna. The learned Advocate for the appellant also submits that the trial Court committed illegality in not considering the evidence of independent witnesses like PW 4 Mrs. Kanan Das and PW 6 Dr. M Rashid who on examination of the decea......inst him. It is hereby directed that the accused appellant be set at liberty forthwith, if not wanted in connection with any other case. Ed. This Case is also Reported in: 43 DLR (1991) 440. ..Category: Criminal Law | Date: | Hits: 116
Progati Industries Ltd. Vs. Shahida Khatun and others, 1991, 20 CLC (HCD)
....st Court of Subordinate Judge, Dhaka is dismissed. Let a copy of this judgment be forwarded to the Secretary, Ministry of Law and Justice. Ed. This Case is also Reported in: 43 DLR (1991) 429.......yed Ishtiaque Ahmed, Mohammadullah, Giasuddin Ahmed and Mohd. Ismail Gazi, Advocates For the Appellant. Dr. Rafiqur Rahman, Ruhul Amin and Sirajur Rahman, Advocates- For the Respondents. Appeal from Original Decree No. 65 of 1986. Judgment Kazi Ebadul Hoque J. - This appeal at the instan......tion that defendant No. 1 forcibly took possession of the suit land in March, 1972. PW 1 is an interested witness so also the, other PWs who have no knowledge of the suit property. No trustworthy and independent witness from the neighbouring houses could be produced by the plaintiffs. Their evidence......st Court of Subordinate Judge, Dhaka is dismissed. Let a copy of this judgment be forwarded to the Secretary, Ministry of Law and Justice. Ed. This Case is also Reported in: 43 DLR (1991) 429...Category: Property Law | Date: | Hits: 69
....
Certificate as prayed for by the learned Advocate appearing for the petitioner, under Article 103(2)(a) of the Constitution, is refused.
Ed.
This Case is also Reported in: 43 DLR (1991) 424.
......25.6.90 made a representation to the Secretary, Ministry of Information for settlement of' the issue, but as no settlement could be reached at, the members representing the Owners ultimately resigned from their membership of the fourth Wage Board on 19.12.90. But in spite of resignation the Wage Boa......ast pay drawn which is not available to the employees of the Government or other Corporations or private sectors in the country. In section 9 of the said Act, there is no provision for appointment of independent member or members or for revision or review of an award given by the Wage Board. On the ......
Certificate as prayed for by the learned Advocate appearing for the petitioner, under Article 103(2)(a) of the Constitution, is refused.
Ed.
This Case is also Reported in: 43 DLR (1991) 424.
..
Category: Constitutional Law | Date: | Hits: 246
Ali Ahmed Malaker @ Kunai @ Malaker & others Vs. The State, 1990, 19 CLC (HCD)
....llants are found not guilty to the charge levelled against them and they be set at liberty forthwith if not wanted in any other connection. Ed. This Case is also Reported in: 43 DLR (1991) 401. ...... an abandoned property. The informant along with others took settlement of the land of Paul Choudhury. The accused party claiming them to be Borgadar of Paul Choudhury's land tried to dispossess them from the land and that led to the creation of much bad blood between them and got both parties invol......houdhury. 25. Thus, it appears that all the witnesses examined in the case belongs to one group i.e. persons who took settlement of the land of Paul Choudhury. The prosecution did not examine any independent witness though such witnesses namely Kashem Sarker, Hashem Mirdha, Aftabuddin, Nani Bara......llants are found not guilty to the charge levelled against them and they be set at liberty forthwith if not wanted in any other connection. Ed. This Case is also Reported in: 43 DLR (1991) 401. ..Category: Criminal Law | Date: | Hits: 67
Giasuddin Ahmed and others vs. Bangladesh and others, 2010, 39 CLC (HCD)
....cate the judgment and order to respondent No.2 and 6 at once. Ms. Naima Haider J. - I agree. Ed. This Case is also Reported in: 31 BLD (HCD) (2011) 405; 64 DLR (HCD) (2012) 314. ......ous dates between 1979 and 2008 after passing competitive examinations and /or going through the recruitment procedure conducted by the respondent No.4 (“PSC”). The petitioners were duly promoted from time to time in course of their service in consideration of their meritorious and unblemished s......cate the judgment and order to respondent No.2 and 6 at once. Ms. Naima Haider J. - I agree. Ed. This Case is also Reported in: 31 BLD (HCD) (2011) 405; 64 DLR (HCD) (2012) 314. ......rs in this respect have been delegated. In this context, under BSR 5(25), “foreign service” means service in which a Government servant receives his pay, with the sanction of Government, from any source (including the revenue of the local fund) other than the revenues of the Government. Thus whe..Category: Constitutional Law | Date: | Hits: 145
52625259525852555247524552415230522152145202520051945188518651845183518251645162