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Ashok Kumar Saha Vs. State, 1993, 22 CLC (HCD)
....llant. So far accused Parvin was concerned, her case appeared to be that she was not the wife of Ashok Kumar Saha but she was working in the house of the said Ashok Kumar as a maid servant and on the relevant date she came to the house of the said accused to do her usual work. So her involvement in ......ed in doing so, to remove the obstruction he may take necessary steps even by breaking the door and windows of the room and further, during the search he will be able to seize any article or deeds or papers to prove the alleged offence under the Act and also seize any alcoholic article or narcotic a......pondent Judgment September 2, 1993. Result: T he appeal is allowed. Cases Referred to- S Mohsin Sharif Vs. State, 7 DLR 186; Azizur Rahman and othen Vs. State 1984 BCR (AD) 370; Panchu alias Paigam Ali Vs. Stat, 26 DLR 297; Daud Ali Vs. St......ar Saba be set at liberty at once, if not wanted in any other case. Let the records be sent down expeditiously. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 229 ..Category: Criminal Law | Date: 2 Sep, 1993 | Hits: 2
Mostafa Miah Vs. Chairman, First Labour Court, Dhaka and others, 1993, 22 CLC (HCD)
....vice is unlawful……………………..(8-10) Cases Referred to- Md. Torah Ali Vs. Bangladesh Textile Mills Corporation and another, 1989 BLD 383 (relevant page 386); Adamjee Jute Mills Ltd. Vs. Chairman 3rd Labour Court and another, 12 DLR ......rted in 12 DLR 371,it was held: “The order passed by the employer cannot be struck down, but a lesser punishment may be given as authorised by law." In the present case the other papers do not show that the previous record has been considered for the purpose of awarding punishme......: Habibur Rahman Khan J Mohammad Fazlul Karim J Mostafa Miah.........................................................Petitioner Vs. Chairman, First Labour Court, Dhaka and others.........Respondents Judgment August 30, 1993. Result: The Rule is mad......the result, the Rule is made absolute without any order as to costs. Send down the records at once. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 373 ..Category: Labour and Industrial Law | Date: 30 Aug, 1993 | Hits: 2
Haider Ali Fakir Vs. Government of Bangladesh others, 1993, 22 CLC (HCD)
....eed its jurisdiction in passing the impugned decision. In the result, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 53. ......eed its jurisdiction in passing the impugned decision. In the result, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 53. ......hellip;....................Respondents Judgment August 25, 1993. Result: The Rule is discharged. Cases Referred to- Hosne Ara Begum Vs. Chairman, the Court of Settlement and others in CPSL Appeal No. 290 of 1990; Rahela Khatoon Vs. Chairman, Court of Settlement 45 DLR 5......e property as abandoned property has been made illegally and without lawful authority. Mr. Chowdhury next submitted that in view of the decree for specific performance of contract on scrutinising the documents, namely the agreement for sale, the Court of Settlement acted illegally in going behind th..Category: Abandoned Properties Law, Property Law | Date: 25 Aug, 1993 | Hits: 11
Wahida Khatun Bibi Vs. Khurshid Alam Mia and Others, 1993, 22 CLC (HCD)
.... plaintiff arises out of an order passed by District Judge, Feni on 4.2.93 in Miscellaneous Appeal No. 17 of 1992 vacating the order of status quo granted earlier on 1. 12.92. 2. The short facts relevant is, that the present petitioner being plaintiff instituted Title Suit No. 24 of 1992 in the......he trial Court is directed to conclude the trial within 3 months from the date of receipt of this order. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 279 ......vil Revisional Jurisdiction) Present: Mahmudul Amin Chowdhury J Mahfuzur Rahman J Wahida Khatun Bibi.....................................Petitioner Vs. Khurshid Alam Mia and Others...........................Opposite Parties Judgment August 24, 1993. Resu......he trial Court is directed to conclude the trial within 3 months from the date of receipt of this order. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 279 ..Category: Civil Law, Procedural Law | Date: 24 Aug, 1993 | Hits: 2
Hemayetuddin alias Aurango Vs. State, 1993, 22 CLC (HCD)
....f power vested in her under section 540 CrPC, however wide the Language of the section might be. It is further argued that the aid of the section could be invoked only with the object of discovery of relevant facts or obtaining proof of such facts for a just decision of the case and it must not be u...... also to hear arguments after examination of the accused under section 342 CrPC afresh. The order of stay is hereby vacated. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 1. ......;Opposite Party Judgment July 27, 1993. Result: The Rule is discharged. Due to certain circumstances beyond the control of the prosecution the witnesses could not be produced and examined earlier but his evidence is vitally important for the just and proper adjudication of t...... also to hear arguments after examination of the accused under section 342 CrPC afresh. The order of stay is hereby vacated. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 1. ..Category: Criminal Law | Date: 27 Jul, 1993 | Hits: 2
Bengal Water Ways Ltd. Vs. Inland Water Transport Authority & others, 1993, 22 CLC (HCD)
....3 (Cal) 220 to show that the order of mere issuance of notice is not appealable. 9. Now, before going into the discussion on the question of maintainability of the appeal, let me first quote the relevant provisions of Order 39, rules 1, 2, and 3 of the Code of Civil Procedure as ......id application for temporary injunction. Let this order be communicated to the Court below at once. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 179 ...... (Civil Revisional Jurisdiction) Present: Muhammad Ansar Ali J Bengal Water Ways Ltd………………………Petitioner Vs. Inland Water Transport Authority & others……………Respondents J......id application for temporary injunction. Let this order be communicated to the Court below at once. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 179 ..Category: Corporate Law | Date: 25 Jul, 1993 | Hits: 2
Nurunnahar Khatun Vs. State, 1993, 22 CLC (HCD)
....am Chowdhury, JJ has considered in detail the question of sui juris in the case of Sumati Begum Vs. Rafiqultah and another, reported in 44 DLR 500. In that case the learned Judges have considered the relevant provisions of the Penal Code along with Children Act 1974 and came to the conclusion that o...... prayer of Mr. SS Halder, the learned Advocate for the parents, the prayer for the advance order is withheld for 1 (one) month. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 112. ......llip;………………………………………Opposite Party [In Criminal Revision No.1336 of 1992] Profulla Chandra Chakrobarty…………………………&he......In the school leaving certificate of Purnendu Bikash Chakrabarti, the immediate elder issue of the girl's parents, the date of his birth is shown as 10.7.74. 33. Mr. Halder claims that these documents sufficiently and conclusively prove that the girl was minor of 13/14 years at the time of ..Category: Criminal Law | Date: 14 Jul, 1993 | Hits: 3
.... was their further case that in spite of best effort the defendant No. 1 could not supply the four trawlers as agreed in the charter party agreements, between them. It was further alleged that at the relevant time the weather was bad and unfavourable, and cyclonic weather was running in the sea. In ......as the joint venture company is not a party in this suit.
4. In this suit the plaintiff examined two witnesses and the defendant No.1 examined one witness. Both the parties adduced documents and papers in support of their respective case which have been marked as exhibits in this suit. On the a......ed in: 46 DLR (HCD) (1994) 39
...... maintainable as the joint venture company is not a party in this suit.
4. In this suit the plaintiff examined two witnesses and the defendant No.1 examined one witness. Both the parties adduced documents and papers in support of their respective case which have been marked as exhibits in this ..
Category: Contract Law | Date: 14 Jul, 1993 | Hits: 9
.... to be a citizen of Bangladesh and that the detenu-petitioner participated in the politics of Bangladesh and got himself elected as the Amir of Jamaat-e-Islami, Bangladesh and thereby he violated the relevant provision of the Constitution.
5. The detenu-petitioner has filed an affidavit-in-repl...... Ramna, Dhaka, now detained in Dhaka Central Jail, at liberty at once if not wanted in connection with any other case.
Ed.
This Case is also Reported in: 46 DLR (HCD)(1994) 29
......ofessor Ghulam Azam……..........................................Petitioner
Vs.
Bangladesh, represented by the Secretary, Ministry of Home Affairs, Bangladesh Secretariat, Dhaka and others.....................................Respondents
Judgment
July 14, 1993.
Re...... Ramna, Dhaka, now detained in Dhaka Central Jail, at liberty at once if not wanted in connection with any other case.
Ed.
This Case is also Reported in: 46 DLR (HCD)(1994) 29
..
Category: Constitutional Law | Date: 14 Jul, 1993 | Hits: 7
Abul Khayer and 3 others Vs. State, 1993, 22 CLC (HCD)
....ng a confession of an accused as required under section 164(3) of the Criminal Procedure Code have been fully observed and the recording Magistrate after jiving reasonable time for reflection, put in relevant and necessary questions for ascertaining that the confessing accused was in fact making vol...... any other case. Let the records of the case be sent down at once along with a copy of this judgment and order. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 212 ......(HCD) (1994) 212 ...... any other case. Let the records of the case be sent down at once along with a copy of this judgment and order. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 212 ..Category: Evidence Law, Procedural Law | Date: 8 Jul, 1993 | Hits: 10
Amela Khatoon and others Vs. Chairman, Court of Settle¬ment and another, 1993 CLC (HCD)
....que Ahmed, the learned advocate for the petitioners, also placed before us those original documents and papers. Section 11 of the Evidence Act runs as follows: "11. When facts not otherwise relevant become relevant. Facts not otherwise relevant are relevant‑ (1) If they are inconsis......esident's Order No.16 of 1972. Subsequently, the respondent No. 2 issued several notices upon the petitioners for producing Bibi Homaira before the Ministry of Works along with documents and papers, but the petitioners failed to do so. 5. To prove their case, the petitioner No. 3 Md. A......orted in: 46 DLR (HCD) (1994) 18 ......perty under President's Order No.16 of 1972. Subsequently, the respondent No. 2 issued several notices upon the petitioners for producing Bibi Homaira before the Ministry of Works along with documents and papers, but the petitioners failed to do so. 5. To prove their case, the petition..Category: Abandoned Properties Law | Date: 24 Jun, 1993 | Hits: 14
Rajdhani Unnayan Kartipakkha (RAJUK) Vs. Mir Nousher Ali, 1993, 22 CLC (HCD)
....ing fresh suit there will arise complications of pecuniary jurisdiction of the court. That may arise but that will not stand in the way of the plaintiff to institute a fresh suit and the provision of relevant law may be considered by the trial Court. 9. Mr. M. Nurullah submits that the directio...... For the above discussion, I set aside the order of amendment and make the Rule absolute. No order as to costs. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 134. ......llip;…………Opposite Party Judgment June 21, 1993 Result: The Rule is made absolute. Cases Referred to- Managing Committee NMC Model High School and others Vs. Obaidur Rahman Choudhury and others, 31 DLR (Al)) 133. Lawyers Involved: M ...... For the above discussion, I set aside the order of amendment and make the Rule absolute. No order as to costs. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 134. ..Category: Civil Law | Date: 21 Jun, 1993 | Hits: 1
Madaris Ali and others Vs. Biswamber Das being dead his heirs, 1993, 22 CLC (HCD)
....aintiffs' suit is dismissed. In the facts and circumstances of the case parties shall bear their respective cost all through. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 34 ......ge folk they entrusted Morals and employees of the Zamindars with recording of their names during the settlement operation and they believed that their names were correctly recorded in the settlement papers. Principal defendants disclosed on 1st/2nd Chaitra, 1381 BS that they purchased the suit land......ted in: 46 DLR (HCD) (1994) 34 ......duced and proved some Toka Farags Exts. 1 to 1 (r) in support of their case. Contesting defendants examined 5 witnesses including defendant No. 7 Rowab Ali as D.W. 1 and also produced and proved some documents such as finally published Khatians Ext. A (2), the government rent receipts Ext. B t..Category: Property Law | Date: 21 Jun, 1993 | Hits: 6
Moudud Ahmed Vs. Bangladesh Bar Council, Dhaka and others, 1993, 22 CLC (HCD)
....r on 13.8.91 stating that he is borne on the roll of the Advocates. 18. So, it appears that the Bar Council did not dispose of the appeal in accordance with law and did not apply its mind to the relevant facts necessary for disposal of the matter. It may be mentioned in this connection that the......le to the petitioner and that the petitioner is entitled to practise in the Supreme Court as an Advocate. Ed. This Case is also Reported in: 46 DLR (HCD)(1994) 71. ......urisdiction) Present: Md. Abdul Jalil J Mohammad Fazlul Karim J Moudud Ahmed.................................................Petitioner Vs. Bangladesh Bar Council, Dhaka and others..........Respondents Judgment April 21, 1993. Result: The Rule is mad......le to the petitioner and that the petitioner is entitled to practise in the Supreme Court as an Advocate. Ed. This Case is also Reported in: 46 DLR (HCD)(1994) 71. ..Category: Administrative Law, Constitutional Law | Date: 21 Apr, 1993 | Hits: 5
....that these notifications are violative of the equality clause as enshrined in Article 27 of the Constitution.
32. Let us, first of all, refer to the first notification as at Annexure‑B and the relevant portion of it which is under attack in this writ petition. This notification runs as follow......esh Sangbadpatra Parishad which was an association of newspaper‑owners as petitioner challenged the decision of the Wage Board and it was held by this Court that the owners and the employees of newspapers who were affected by the award could challenge it and the Bangladesh Sangbadpatra Parishad ha......nal Jurisdiction)
Present:
Naimuddin Ahmed J
Mohammad Gholam Rabbani J
Bangladesh Retired Government Employees Welfare Association, represented by its President Kafiluddin Mahmood and others...........................Petitioners
Vs.
Bangladesh, represented by the Secret......stantial question of law as to the interpretation of the Constitution, particularly Article 27 there of.
Ed.
This Case is also Reported in: 46 DLR (HCD) (1994) 426
..
Category: Administrative Law, Constitutional Law | Date: 1 Mar, 1993 | Hits: 1
....ific performance of contract.
6. Mr. Shadeed Alam, learned Advocate for defendant‑respondent, has supported the impugned judgment as being properly based on evidence and in accordance with the relevant law and Rules.
7. P.W.1 Shafiuddin Ahmed, President of Jinardi Unnayan Parishad, has p......gladesh Railway Board for necessary action. Thereafter, the Railway Board requested the Secretary of the Unnayan Parishad to get in touch with the Railway authorities and to supply them all necessary papers for the purpose of getting lease of the land. Thereafter, necessary information were supplied...... (1994) 268
......aintiff Unnayan Parishad is liable to be dismissed.
4. At the time of trial, three witnesses were examined on the, side of the plaintiffs as against one on the side of the defendant. A number of documents were admitted in evidence on behalf of both sides. On perusal of the evidence on record an..
Category: Contract Law, Property Law | Date: 16 Feb, 1993 | Hits: 2
Kazi Giasuddin and another Vs. First Labour Court, Dhaka & another, 1992, 21 CLC (HCD)
....refer to the power of the Government fix minimum wages under the Minimum Wages Ordinance, 1961 being Ordinance No. XXXIX of 1961. In this connection, section 6 of the Minimum Wages Ordinance, 1961 is relevant and it runs as follows: "Power to declare minimum rates of wages‑ (1) Upon rece......f 1988, 204 of 1988, 205 of 1988, 206 of 1988, 207 of 1988, 208 of 1988, 1.09 of 1988, 2 10 of 1988 and 211 of 1988. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 359 ......LR (HCD) (1994) 359 ......f 1988, 204 of 1988, 205 of 1988, 206 of 1988, 207 of 1988, 208 of 1988, 1.09 of 1988, 2 10 of 1988 and 211 of 1988. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 359 ..Category: Labour and Industrial Law | Date: 6 Dec, 1992 | Hits: 3
Soleman (Md.) Vs. Ahbarek Khalifa and others, 1992, 21 CLC (HCD)
.... of the petitioner and also the witnesses of opposite parties came to a finding and passed his order that the first party is in possession of the case land and they grew paddy in the case land in the relevant year as well as in the previous year, but the second party is trying to disturb his possess...... right, title and interest in the appropriate forum according to law. Let the records be sent down immediately. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 298 ......iminal Revisional Jurisdiction) Present: Habibur Rahman Khan J Muhammad Abdul Mannan J Soleman (Md.).....................................Petitioner Vs. Ahbarek Khalifa and others..................Opposite Parties Judgment December 2, 1992. Result: ......the previous year, but the second party is trying to disturb his possession and so there is an apprehension of breach of peace. He came to such finding on the basis of evidence on record and also the documents filed by the first party. He found that the first party purchased half of the case plot fr..Category: Criminal Law, Procedural Law | Date: 2 Dec, 1992 | Hits: 1
Meghna Petroleum Limited Vs. Commissioner of Taxes (West Zone) Dhaka, 1992, 21 CLC (HCD)
....a burden twice over payment of tax on the tax payer. A close examination of the dictum of Rowlatt J, in Sanderson's case is attracted to the facts of the instant case. We may profitably quote the relevant portion of the judgment: "It is often said, but not always understood that in inc...... company the contention of the applicant on double taxation fails. Again, as the documents produced before us were not placed before the Tribunal and was not considered, we are unable to accept those papers at this stage as that would tantamount to travel beyond the order of the Tribunal without san......oner of Taxes (West Zone) Dhaka.................Respondent Judgment November 30, 1992. Result: The questions formulated for determination are answered in the affirmative and in favour of revenue department. The Income Tax Ordinance, 1984 (Ordinance No. XXXVI ......e sum of £100 enters upon another passage in another form of income, and therefore, attracts income tax gain”. At the time of hearing both revenue and the assessee produced before us documents to show that amount was taxed twice. In the light of the dictum of Rowlatt J, we are of th..Category: Fiscal/Taxation Law | Date: 30 Nov, 1992 | Hits: 6
State Vs. Abdul Khaleque, 1992, 21 CLC (HCD)
....ries. Apart from the fact that the illustration (i) of section 8 of the Evidence Act provides that when A is accused of a crime the fact that after the commission of the alleged crime he absconded is relevant. In the case of Dipok Kumar Sarker Vs. The State, 40 DLR (AD) 139, It has been observed: ......ial Court as well as to the Superintendent of Police, Barguna at once for necessary action. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 353; 13 BLD (HCD) (1993) 354 ......ber 24, 1992. Result: The Reference is rejected Cases Referred to- 36 DLR 333 (State Vs. Imdad Ali Bepari); Chan Shah Vs. Crown, PLD 1956 (FC) 43 = 8 DLR (FC) 24; Nirmal Krishna Chanda Vs. State, BCR 1982 (Special Bench) 344, Kazi Shajiruddin Ahmed, 12 BLD 49; Saidur Rahman Vs. S......ial Court as well as to the Superintendent of Police, Barguna at once for necessary action. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 353; 13 BLD (HCD) (1993) 354 ..Category: Criminal Law, Family Law | Date: 24 Nov, 1992 | Hits: 4
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