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Naogaon Chitrabani Ltd. Vs. Naogaon Cinema Hall Sramajibi Union and another, 1990, 19 CLC (HCD)
....ake step in this behalf. We, however, make no order as to cost. Let the records of the Registrar, respondent No. 2 be sent back at once. Ed. This Case is also Reported in: 43 DLR (1991) 392. ......e therein. The petitioners came to know for the first time on receipt of the said letter dated 19.7.87 that the respondent No. 1 formed such a trade union of workers and obtained registration thereof from the respondent No. 2. 4. None of the petitioners considered the said letters as a charter of......idered the said letters as a charter of demands nor recognised the respondent No. 1 as legally constituted Trade Union formed with workers employed by the 3 different petitioners, having separate and independent establishments. According to the petitioner such trade union could not be formed under t......ake step in this behalf. We, however, make no order as to cost. Let the records of the Registrar, respondent No. 2 be sent back at once. Ed. This Case is also Reported in: 43 DLR (1991) 392. ..Category: Labour and Industrial Law | Date: | Hits: 115
...., PS Gulshan, Dhaka now detained in Dhaka Central Jail be at once released from custody if not wanted in connection with any‑other case.
Ed.
This Case is also Reported in: 43 DLR (1991) 372.
......he is not being held in Custody without lawful authority or in an unlawful manner.
2. This Rule was issued on 2.1.91 and in the meantime the detenu was shifted to the Dhaka Central Jail on 29.1.91 from his 159, Gulshan Avenue residence where he is now being detained.
3. It is stated in the a......ime of the occurrence; the 3rd ground Mentioned therein is that the detenu went into hiding and this may be for the safety and security of his life. According to Mr. Rafiq‑ul‑Huq, these are three independent grounds which led to the conclusion mentioned in paragraph 4 i.e. for maintenance of pub......, PS Gulshan, Dhaka now detained in Dhaka Central Jail be at once released from custody if not wanted in connection with any‑other case.
Ed.
This Case is also Reported in: 43 DLR (1991) 372.
..
Category: Constitutional Law | Date: | Hits: 178
Silver Estate Ltd. Vs. Abdul Hakim Mia and others, 1991, 20 CLC (HCD)
.....1.1983. But we find from the cross examination of PW 1 that defendant No. 1 refused to execute the deed in his favour within 2 weeks of receipt of the legal notice dated 4.9.82 (Ext. 6). There is no corroboration of the assertion of the plaintiff which has been denied by the defendant No. 1. Rather......n Ahmed with HR Sharif with Shima Jahur, Advocates ‑ For the Appellants. Mahmudul Islam, Advocate ‑ For the Respondent No. 1. Zakir Hossain, Advocate ‑ For the Respondent No. 2. Appeal from Original Decree No. 48 of 1989. Judgment Kazi Ebadul Hoque J. - This appeal at the instan......between the defendant Nos. 1 and 2 over the title of the suit property. The plaintiff and defendant No. 1 failed to prove satisfactorily possession of defendant No. 1 in the suit property by adducing independent and trustworthy evidence in the face of the evidence adduced by the defendant No. 2 in s......the defendants over the title of the suit property. In that view of the matter cross‑objection filed by the respondent No. 1 is rejected. Ed. This Case is also Reported in: 43 DLR (1991) 360. ..Category: Civil Law | Date: | Hits: 92
Abdus Sobhan Vs. Harekrishna Kundu and another, 1988, 17 CLC (HCD)
....,000.00 (Tk. five thousand) only as damages. In the result, the appeal is allowed. Since there is no appearance we do not award any costs. Ed. This Case is also Reported in: 43 DLR (1991) 314.......na Kundu and another............Respondents. Judgment September 1, 1988. Lawyers Involved: Abdus Sobhan, the appellant appears in person. Not represented-the Opposite Party. Appeal from Original Decree No. 5 of 1975. Judgment Latifur Rahman J. - This appeal at the instance o......om the category of the distinguished persons of the locality. So the plaintiff holds an important position of respect, honour and dignity and he has the reputation of being honest lawyer and a man of independent spirit and integrity in professional, educational and other circles of Dhaka and elsewhe......,000.00 (Tk. five thousand) only as damages. In the result, the appeal is allowed. Since there is no appearance we do not award any costs. Ed. This Case is also Reported in: 43 DLR (1991) 314...Category: Civil Law | Date: | Hits: 89
Government of Bangladesh Vs. Abdul Wahid Sheikh (dead) his heirs & others, 1990, 19 CLC (HCD)
....gment delivered by the learned Subordinate Judge also abates. The appeal is, accordingly, disposed of. There shall be no order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 308. ...... Md. Shamsul Alam, Deputy Attorney General with Obaidur Rahman, Assistant Attorney General ‑ For the Appellant. Hemayetuddin Ahmed, Advocate ‑ For the Respondent Nos. 8‑11 and 14. Appeal from Original Decree No. 432 of 1968. Judgment Bimalendu Bikasli Roy Choudhury J. - This appea......a riparian owner to hold lands gained by the recess of a river or the sea as increment to the holding subject to the payment of a fair and equitable rent. 7. With the emergence of Bangladesh as an independent country the law embodied in those two sections has undergone significant changes. On 4th......gment delivered by the learned Subordinate Judge also abates. The appeal is, accordingly, disposed of. There shall be no order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 308. ..Category: Property Law | Date: | Hits: 77
Dilip @ Siddiqur Rahman & others Vs. State, 1990, 19 CLC (HCD)
....of the Penal Code. 11. It is also pleaded that as against accused Mostafa there was the lone evidence of PW 5 and his evidence was also improbable and exaggerated and in the absence of any kind of corroboration accused Mostafa could not be held guilty. 12. In support of his contention Mr. Sera......nt PW 1 Abdul Latif is as follows: On 20.11.86 the informant along with 6 or 7 others including his brother Abdul Matin, cousin Shahid and sister's husband Shamsuddin went to reap the ripe paddies from his purchased land of plot No. 1050. It was about 7‑00 AM when they had reaped some paddies, ......he hand of the receiver who was the OC of the local police station so it was improbable that the informant party grew the paddies. (iv) The prosecution failed to produce a single disinterested and independent witness from the neighboring land while admittedly many persons from the neighborhood ca......ants are affirmed. The appellants 3‑9 who are on bail are directed to surrender to their bail bond to serve out their remaining sentence. Ed. This Case is also Reported in: 43 DLR (1991) 269. ..Category: Criminal Law | Date: | Hits: 61
Dewan Mohammad Safare Ali & others Vs. People's Republic of Bangladesh, 1990, 19 CLC (HCD)
....ance with the principle laid down in Order XLI Rule 21 of the CPC. In the result, the rule is made absolute without any order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 221.......llah were the owners of the rayoti jote comprising 6.04 acres of land including land of plot No. 266, 277, and other plots appertaining to CS Khatian No. 52. Subsequently they sold 1.99 acres of land from the aforesaid CS plots to Rajab Ali Mondal, predecessor of' the plaintiffs who applied to the l......that a judge does not act callously or even mechanically. Its purpose is to put the judge on right track so that he acts judicially. It enables the High Court to Judge whether Court of 1st appeal had independently considered the case with a consciousness of relevant points which arose for adjudicati......ance with the principle laid down in Order XLI Rule 21 of the CPC. In the result, the rule is made absolute without any order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 221...Category: Property Law | Date: | Hits: 60
Shaikh Baharul Islam Vs. State, 1990, 19 CLC (HCD)
....se. In the result, the appeal of Abdul Bari is allowed and those of others are dismissed with the modification of sentence as aforesaid. Ed. This Case is also Reported in: 43 DLR (1991) 336. ......6 at Ramna PS seeking his help to reform the boy by sending him to a Reformatory School. The O/C. gave him a patient hearing and sent Sub‑Inspector Abdul Bari, working under him to collect the boy from his residence. Accordingly Sub‑Inspector Abdul Bari and PW 5 Md. Ali Hossain started from Ram...... and culminating in its attainment, it will not constitute a basis for constructive liability under section 34 against others who may be a party to the common intention. Once the criminal act becomes independent of the common intention though done in pursuance to an intention same or similar to that......se. In the result, the appeal of Abdul Bari is allowed and those of others are dismissed with the modification of sentence as aforesaid. Ed. This Case is also Reported in: 43 DLR (1991) 336. ..Category: Criminal Law | Date: | Hits: 87
Nazrul Islam and others Vs. The State, 1991, 20 CLC (HCD)
.... not wanted in connection with any other case. The non‑appellant accused Kashem will however not get any benefit of this appeal. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 142. ......id section to which the accused appellants pleaded not guilty. 4. The prosecution examined in all 9 witnesses including the investigating officer P.W.9 Abdus Sattar. The defence case as it appears from the trend of cross‑examination is that the accused appellants have been falsely implicated in......the learned Sessions Judge had based his conviction of the accused appellants upon so‑called professional statement of accused appellant Nazrul and accused Kashem. He has submitted that there is no independent corroborating evidence whatsoever for finding the accused appellants guilty. So far as o...... not wanted in connection with any other case. The non‑appellant accused Kashem will however not get any benefit of this appeal. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 142. ..Category: Criminal Law | Date: | Hits: 86
Agragami Engineers Ltd. Vs. Bangladesh Bank and others, 1992, 21 CLC (HCD)
....bound by the submission. In the result, this Rule is discharged with the observations as stated above without any order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 134.......engineering firm is a reputed firm of Engineers and registered as a limited company. By a notice dated 30th September, 1988 respondent No.2 the General Manager of Bangladesh Bank invited applications from air‑condition firms for pre‑qualification of contractors for the supply, installation, test......bound by the submission. In the result, this Rule is discharged with the observations as stated above without any order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 134.......tation was Tk. 11,39,56,930.00. There was a difference of Taka 1.73 crores between the two tenders. The second lowest tender was submitted by Aziz and Co. The petitioner came to know, from a reliable source that the petitioner No.3 the consultant of the Bank had recommended to the Bank in favour of ..Category: Others | Date: | Hits: 123
Md. Riaz Uddin Khan and another Vs. Mahmudur Rahman and others, 2010, 39 CLC (AD)
....of Tk. 100/-, in default, to suffer simple imprisonment for 1(one) day. They respondent No.2 is let off the charge with the above observations. This Case is also Reported in: 8 LG (AD) (2011) 122. ......ent to torture the citizens. He then said, even if, fortunately, the tortured one is enlarged on bail, the gaol is being locked by the Chamber (Judge). This process, according to him, was started from the time of Moyeen's Chamber Judges which process has continued till now. The judgments of the ...... cannot be considered to be reasonable where such restriction prevents the disclosure of unconstitutional practices and abuse of the Constitution, that the superior judiciary is no longer found to be independent in the exercise of its functions, that the law of Contempt of Court cannot be used to ......of Tk. 100/-, in default, to suffer simple imprisonment for 1(one) day. They respondent No.2 is let off the charge with the above observations. This Case is also Reported in: 8 LG (AD) (2011) 122. ..Category: Criminal Law | Date: | Hits: 124
Deputy General Manager, Rupali Bank Ltd. Vs. Shah Jalal and others, 1990, 19 CLC (HCD)
....decision by the Trial Court on very independent issues without making any piecemeal of them." The Rule is, accordingly, discharged without Ed. This Case is also Reported in: 43 DLR (1991) 193.......subject matter of the suit. According to him, the said proviso clearly shows that the Administrative Tribunal would be incompetent to entertain any case unless it is filed before it within six months from the date of the impugned order and as in the instant suit the plaintiff has called in question ......o, this is a fit cause for sending the suit on remand to dispose of the suit on merit giving chance to the parties to adduce evidence Afresh and to come to a fresh decision by the Trial Court on very independent issues without making any piecemeal of them." The Rule is, accordingly, discharged wi......decision by the Trial Court on very independent issues without making any piecemeal of them." The Rule is, accordingly, discharged without Ed. This Case is also Reported in: 43 DLR (1991) 193...Category: Employment/Service Law | Date: | Hits: 64
Mahbubur Rahman Khan @ Tipu Vs. State, 1993, 22 CLC (HCD)
....ssed above, the informant P.W.1 is the only witness left to establish the charge against the accused appellant but his evidence is not of that quality as required to be relied upon without sufficient corroboration.” We have already found that the victim P.W.2 is a disinterested witness and can ...... Motijheel Police Station, Dhaka in short, is that on 4.4.91 he was on duty at Motijheel Police Station as an emergency officer on patrol duty with government vehicle. At about 2‑15 PM he was going from Gulistan to Motijheel Police Station and as soon as he had reached Dainik Bangla crossing he fo......section 342 Cr.P.C. the appellant also did not state anything except that he was not guilty. 15. In the above facts and circumstances, we find nothing to disbelieve the evidence of P.W.2 who is an independent and disinterested witness. His evidence along with the evidence of the informant SI Md. ......pugned judgment. In the result, the appeal is dismissed. Let the LC Record of the case be sent down to the Court below at once. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 117. ..Category: Criminal Law | Date: | Hits: 75
State Vs. Md. Monirul Islam alias Nirab and others, 2011, 40 CLC (AD)
....rate forthwith. With this direction, the petition is disposed of. Ed. This Case is also Reported in: 16 BLC (AD) (2011) 53, 19 BLT (AD) (2011) 144, 8 LG (AD) (2011) 168, VIII ADC (2011) 620. ...... held in respect of the jurisdiction of the Court: ".............this Court cannot claim to exercise any inherent power to grant bail at any stage of the proceedings...........it must be derivable from the express terms of the Code itself." 16. Regarding the granting of the bail to a person w......purview of sections 496 and 947. If section 498 were given the wide interpretation envisaged in the case of Hidayat Ullah Khan, section 498 would not be ancillary or subsidiary, but would be wholly independent of the powers conferred on the High Court or the Court of Section by sections 496 and 49......rate forthwith. With this direction, the petition is disposed of. Ed. This Case is also Reported in: 16 BLC (AD) (2011) 53, 19 BLT (AD) (2011) 144, 8 LG (AD) (2011) 168, VIII ADC (2011) 620. ..Category: Criminal Law | Date: | Hits: 89
Budhiswar Biswas Vs. Akbar Ali Sheikh and others, 1990, 19 CLC (HCD)
....nd hence those are set aside resulting in the dismissal of the suit. This rule is, accordingly made absolute without any order as to cost. Ed. This Case is also Reported in: 43 DLR (1991) 183.......of Munsif, Kushtia against the defendant‑petitioner alleging, inter alia, that the suit land belonged to Atiar Rahman, the minor son of the plaintiffs, the plaintiff No. 1 took a loan of Tk. 400.00 from the defendant and executed a sale deed in favour of the defendant. It was subsequently settled .......00 as mentioned in the sale deed Ext. 1 with the finding that the transfer was with agreement for reconveyancc. The Appellate Court below affirmed the finding of the Trial Court without applying his independent judicial mind. Finding of the both the courts are erroneous in view of the fact the regi......nd hence those are set aside resulting in the dismissal of the suit. This rule is, accordingly made absolute without any order as to cost. Ed. This Case is also Reported in: 43 DLR (1991) 183...Category: Property Law | Date: | Hits: 74
Rana Awan (Mrs.) Vs. Bangladesh, 1990, 19 CLC (HCD)
....ed authority on 14.11.83 as contained in Annexure‑H to the writ petition within 30 days from date. There will be no order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 139. ......an order passed by the Respondent No. 1 through the Respondent No. 2, the Secretary, Ministry of Works, Government of People's Republic of Bangladesh on 17.4.85 refusing to release certain properties from the list of abandoned properties which has been earlier declared as abandoned property under th......l of Bangladesh along with her husband and children. Sometime in 1971 she went to Karachi with tier children for attending a social function there and before her return from Karachi Bangladesh became independent on 16th December, 1971. In view of the law and order situation then prevailing in Bangla......ed authority on 14.11.83 as contained in Annexure‑H to the writ petition within 30 days from date. There will be no order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 139. ..Category: Property Law | Date: | Hits: 78
Shah Sekandar Molla Vs. New Sagurnal Tea Co. and Others, 2010, 39 CLC (AD)
....do not find any merit in the leave petition. In the result, the leave petition is dismissed. Ed. This Case is also Reported in: 31 BLD (AD) (2011) 65, 8 LG (AD) (2011) 103, 16 BLC (2011) 96. .......2 -respondent No.2 and the plaintiff-petitioner for selling of 1.50 lac cubit feet of timber worth Tk.3,00,00,000/- and in lieu thereof "the defendants had received Tk. 20,00,000/- as security money from the plaintiff-petitioner. Subsequently, the plaintiff-petitioner allegedly spent at least Tk. 2......ircumstances of the case which can justify transfer of a case for ensuring equality and justice to both the parties of the suits. 8. An application for transfer in the High Court Division being an independent original proceeding within the meaning of Section 141 of the Code of Civil Procedure sho......do not find any merit in the leave petition. In the result, the leave petition is dismissed. Ed. This Case is also Reported in: 31 BLD (AD) (2011) 65, 8 LG (AD) (2011) 103, 16 BLC (2011) 96. ..Category: Civil Law | Date: | Hits: 113
State Vs. Keramat Ali & another, 2010, 39 CLC (AD)
....itness. The High Court Division also did not discard their evidence as they are partisan. 10. There is no hard and fast rule that the evidence of partisan witnesses cannot be acted upon, without corroboration. If their presence at the scene of occurrence cannot be doubted and their evidence is ...... the matter between them. The accused persons including the accused-respondents became furious for the act of the informant. Consequently on 5th June, 1987, when deceased Rezaul Karim was weeding out from their jute land at a distance about 200 yards from their house, at about 8-00 AM accused Azmat ......speak the true facts-sometimes the independent witnesses are not inclined to depose for fear of reprisal. There, is therefore, no general rule that the evidence of relations must be corroborated by independent witnesses for securing the conviction of the offender. We are also not unmindful that in......rder as to cost. The judgment of the High Court Division is set aside. Ed. This Case is also Reported in: 63 DLR (AD) (2011) 102; 16 MLR (AD) (2011) 268; 8 LG (AD) (2011) 138; 9 ADC (2012) 536...Category: Criminal Law | Date: | Hits: 90
Bakth Bibi Vs. Bangladesh, 1992, 21 CLC (HCD)
....ernment are without authority and of no legal effect. I, therefore, agree with the order proposed to be passed by my learned brother. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 105. ......ed 7.3.89 passed by the Court of Settlement in Case No.1022 of 1987. The case was filed by the petitioner Bakht Bibi for the release of a three‑storied building at 93, Chatteswary Road, Chittagong, from the list of the abandoned property declared abandoned and taken possession by the Government un......b‑clauses being sub‑clauses (i) and (ii) and also two exclusion sub‑clauses appearing as sub‑clauses (a) and (b) thereof. It was laid down in this case that inclusion clauses (i) and (ii) are independent of the main clause (1) and it was also held in this case that exclusion clauses (a) and ......ernment are without authority and of no legal effect. I, therefore, agree with the order proposed to be passed by my learned brother. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 105. ..Category: Property Law | Date: | Hits: 73
....ition, leaving nothing for us to interfere in mandamus.
We find no substances in this application which is thus summarily rejected.
Ed.
This Case is also Reported in: 45 DLR (HCD) (1993) 95.
......
2. It is the case of the petitioner that he is doing his business with Sylhet Pulp and Paper Mills Limited for quite some time. The said Mills published a tender notice for supplying Mariti (bamboo) from the Juri Range within Putichura, Halampachora, Begunchori and Kulaura range, the said tender no......tion of the consideration No.7 of the tender, by putting the blame on a 3rd party namely, the Bank.
29. It, therefore, appears that the petitioner Sharif & Company's case has been considered by an independent Enquiry Committee. The said report of the Enquiry Committee had also been considered by ......ition, leaving nothing for us to interfere in mandamus.
We find no substances in this application which is thus summarily rejected.
Ed.
This Case is also Reported in: 45 DLR (HCD) (1993) 95.
..
Category: Others | Date: | Hits: 128
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