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BRTC Vs. Md. Esken Mollick and anr., 2004, 33 CLC (AD)
....as come to a correct decision and there being no error in the said judgment, the appeal has no substance. In the result the appeal is dismissed without any order as to costs. Ed. ......decision of the Labour Court, Dhaka. 2. Leave was granted to consider as to whether the High Court Division erred in law in not considering that the grievance petition filed by hand in view of the provision of section 25(1)(a) of the Employment of Labour (Standing Orders) Act, 1965, ..Category: Labour and Industrial Law | Date: 16 Mar, 2004 | Hits: 99
Mosharraf Hossain (Md) (Babul) Vs. Bangladesh, 2004, 33 CLC (AD)
....passed in the light of the resolution which was taken after due compliance of the law as in section 13(3) of the Ordinance. Accordingly, the petition is dismissed. Ed. ......ceeding of a meeting but the said proceeding having been taken in violation of section 13(3) of the Ordinance, the same got no legal value. It was also the contention of the petitioner that in any view of the matter Rules 11 and 12 of the Pourashava Commissioners and Chairman (Resignation, Remov..Category: Constitutional Law | Date: 16 Mar, 2004 | Hits: 269
....
In the result, the Rule is made absolute with the above observations and directions.
There is no order as to costs.
Ed.
This Case is also Reported in: 57 DLR (2005) 741.
......at the decision has become an example of the highest order in jurisprudence hi this field and is a milestone in the legal history of this Sub-continent. Although we generally agree with their learned views, so far the workers who are employed in an industry but with greatest respect we are unable to..
Category: Corporate Law, Employment/Service Law | Date: 14 Mar, 2004 | Hits: 4
Jahangir Alam (Md) alias Zakir Vs. State, 2004, 33 CLC (AD)
.... to 10 (ten) years rigorous imprisonment and to pay a fine of Taka 5,000 in default to suffer rigorous imprisonment for 6 (six) months more. Ed. This Case is also Reported in: 56 DLR (AD) 217. ......of law by affirming the judgment and order of conviction and sentence passed by the Tribunal without considering that there is no evidence to sustain the conviction against the petitioner and in such view of the matter the High Court Division failed to exercise the power under section 561A of the Co..Category: Criminal Law | Date: 9 Mar, 2004 | Hits: 93
Akram Hossain (Md.) Vs. Sahera Khatun and others, 2004, 33 CLC (HCD)
....nt District Judge is directed to hear and dispose of the suit within a period of three months from the date of receipt of this order. Ed. This Case is also Reported in: 57 DLR (2005) 317. ......pposite party Nos.1 and 2 and their other sister Nazma Begum. The verified application for addition does not appear to be opposed. 11. In Nurul Islam and others the Appellate Division was of the view that a trespasser in the suit property is liable to be impleaded in the suit and evicted from t..Category: Contract Law | Date: 8 Mar, 2004 | Hits: 5
Ataur Rahman (Md.) another Vs. Edruc Limited, 2004, 33 CLC (HCD)
....tainable and are therefore, liable to be dismissed. In the result, the applications are dismissed without any order as to costs. Ed. This Case is also Reported in: 57 DLR (2005) 337. ......on 241 read with section 242 of the Companies Act, 1994. 3. The respondent company filed an affidavit-in-opposition wherein they have contended that the applications are not maintainable in view of the fact that the claims are disputed by the company. The further case of the company is, th..Category: Company Law | Date: 3 Mar, 2004 | Hits: 8
State Vs. Md. Abu Taber, 2004, 33 CLC (HCD)
....inding on the basis of the evidence to be available with the record. The office is directed to transmit the case record at once. Ed. This Case is also Reported in: 56 DLR (2004) 556. ......e condemned prisoner in the absence of any legal evidence as to the death of the victim on account of dowry. Since the learned Advocate confined his submission on a technical law point, we are of the view that decision on this point will dispose of the death reference. 7. PW 1 Mohd. Ayub Ali Mo..Category: Women and Children | Date: 1 Mar, 2004 | Hits: 164
Govt. of BD. rep. by Sec., Min. of Post, T&T & ors. Vs. Abul Khair, 2004, 33 CLC (AD)
....llate Tribunal when apparently the respondent has not been dealt with in accordance with law following, the principles of natural justice. The petition is dismissed. Ed. ......the respondent deposited the amount of Taka 6000. He was found to have written excess amount by interpolation for the purpose of alleged misappropriation of Taka 6000 from Account No. FG 2091. So, in view of the aforesaid allegations charges were framed in the departmental proceeding against the res..Category: Administrative Law | Date: 23 Feb, 2004 | Hits: 125
Jalil Brothers and ors. Vs. Humayun Majid and ors., 2004, 33 CLC (AD)
....e matter in its proper perspective and we find no illegality or irregularity in the decision of the High Court Division. Accordingly, the appeal is dismissed without any order as to costs. Ed. ......ged in the paramount title of the Government under clause (d) of section 111 of the Transfer of Property Act and as the Government cannot be both landlord and tenant of the same property. Further, in view of the auction sale held on 7‑8‑1980, a third party i.e. late Mr. Shamsur Rahman, is not ..Category: Tenancy Law | Date: 18 Feb, 2004 | Hits: 133
State Vs. Anjuara Khatun, 2004, 33 CLC (HCD)
....Anjuara Khatoon is sentenced to imprisonment for life. Lower Court’s Record is sent down as early as possible. Ed. This Case is also Reported in: 57 DLR (2005) 277. ...... and circumstances cannot be boarded as aggravating rather can be characterised as mitigating. Taking into account an overall picture, fact and circumstances of the case, we are of this dispassionate view that the ends of Justice would be met if the death sentence is altered to that of imprisonment ..Category: Criminal Law, Evidence Law | Date: 17 Feb, 2004 | Hits: 7
Abdus Sattar (Md) and ors. Vs. Lalon Mazar Sharif & Seba Sadan Committee & ors., 2004, 33 CLC (AD)
....onsideration of the evidence on record has arrived at the correct finding and, as such, no interference is called for. Accordingly, this leave petition is dismissed. Ed. ......onsideration of the evidence on record has arrived at the correct finding and, as such, no interference is called for. Accordingly, this leave petition is dismissed. Ed. ..Category: Property Law | Date: 11 Feb, 2004 | Hits: 127
Wali Ahmed Bhuiyan Vs. Dr. Jahangir Hossain Bhuiyan, 2004, 33 CLC (AD)
....h Court Division of the kind calling for interference by this Division, the petition lacks merit. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: ...... own use and occupation is to establish the same through the evidence of disinterest, and reliable witness. 8. In the background of the facts transpiring from the record, we are of the view High Court Division as well as trial Court were not in error in not placing reliance on the sol..Category: Civil Law | Date: 11 Feb, 2004 | Hits: 209
State Vs. Nazrul Islam @ Nazrul, 2004, 33 CLC (HCD)
....acquit but it would be unjust to find any person guilty by the result of a litigation in which he could not be admitted to make a defence or to examine or cross examine a witness which he might think erroneous. Finally, the learned Judge was perturbed on the newspaper's report over cruelty to wo......urther submitted that though the defence tried to set up a plea of insanity but it failed to substantiate that the condemned-prisoner was completely insane at or about the time of occurrence. In that view of the matter, he submitted that the learned Additional Sessions Judge was justified convicting..Category: Criminal Law, Evidence Law | Date: 20 Jan, 2004 | Hits: 5
Selim Saial Vs. A. Majid Molla and others, 2004, 33 CLC (HCD)
.... parties to bear their respective costs of the litigation. Lower Court's Record be sent down as immediate as possible. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 69. ......e party for a period of five years and the whole transfer was within for re-conveyance was reduced in writing. ii) The actual market price of the land was not less than taka 1,70,000/- and in view of condition of re-conveyance of the land, the price of the land was fixed at taka 80,000/-. ..Category: Property Law | Date: 20 Jan, 2004 | Hits: 6
State Vs. Moslemuddin (Md), 2004, 33 CLC (AD)
....tence is illegal". In view of above position we fined no reason to interfere with the judgment and order passed by the High Court Division and accordingly the appeal is dismissed. Ed. ...... sanction was received without producing the sanction order before the Court and putting in the same to the evidence in order to show that the sanction order was valid and proper is not enough. In my view, the trial has been held without sanction from the proper authority and, as such, the trial hel..Category: Anti-Corruption Laws | Date: 19 Jan, 2004 | Hits: 96
State Vs. Bahar Miah, 2004, 33 CLC (HCD)
....he offence for taking necessary steps in accordance with law as per observations made above. The connected appeals are allowed accordingly. Ed. This Case is also Reported in: 56 DLR (2004) 454. ......tain the same conviction of the appellant under section 302 of the Penal Code, as if the same has been passed by the competent Court in Sessions Case". In the case of Eunus Khan, it was observed, "in view of the decision of the Appellate Division the learned Assistant Attorney General candidly Submi..Category: Women and Children | Date: 18 Jan, 2004 | Hits: 163
Mirpur Mazar Co-Operative Market Society Ltd. Vs. Capital Tower (Pvt) Ltd & Ors., 2006, 35 CLC (AD)
....Master Plan. Since no new material has been placed to show that our decision that there was no Master Plan of the locality but there was a layout plan which was revised by the competent authority was erroneous, as such, we find no reason to take the view different from the view already taken as rega......ed, Senior Advocate, instructed by SR Khoshnabish, Advocate-on-Record— For the Respondent No, 6. Mvi Md Wahidullah, Advocate-on-Record—For Respondent Nos. 1-5. Civil Review Petition No. 127 of 2003. (From the Judgment and Order dated August 18, 2003 passed by the App..Category: Property Law | Date: 18 Jan, 2004 | Hits: 86
Abdul Bashir alias Bashu Vs. State, 2004, 33 CLC (AD)
....dge, Mymensingh, to take steps in accordance with law in the light of the judgment passed by the said Court on May 3 1, 1998 in Sessions Case No. 63 of 1996. Ed. This Case is also Reported in: ...... Court Division as well as the trial Court, in finding the condemned prisoner guilty of causing death of Hazrat Ali and his mother, has taken into consideration evidence of the said witnesses. In our view, hardly any exception can be taken to the evidence of the said witnesses since their evidence..Category: Criminal Law | Date: 18 Jan, 2004 | Hits: 98
Abdus Sobhan Mandal (Md) Vs. Md. Jonab Ali Fakir & others, 2005, 34 CLC (AD)
....he same as out and out sale deed pre-emptible under section 96 of the State Acquisition and Tenancy Act. He further contended that the High Court Division having relied on oral evidence arrived at an erroneous finding to the effect that the impugned deed is a deed of sale, not a deed of exchange wit....... We are fully in agreement with the above findings of the high court Division. For all the above reasons, this petition merits no consideration. Accordingly, it is dismissed. Ed. ..Category: Civil Law | Date: 18 Jan, 2004 | Hits: 264
Hafizur Rahman & another Vs. State and others, 204, 33 CLC (HCD)
....7‑10‑2001 is hereby recalled. Communicate this order to the Court of Chief Metropolitan Magistrate, Dhaka. Ed. This Case is also Reported in: 57 DLR (HCD) (2005) 588. ...... offence due to criminal negligence. Moreover, the learned Magistrate who held judicial inquiry also found prima facie case against the accused petitioners under sections 315/316 of the Penal Code in view of the allegations as made in the first information report and the evidences as adduced during ..Category: Criminal Law | Date: 17 Jan, 2004 | Hits: 3
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