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Muhibur Rahman Manik and others Vs. Bangladesh and others, 2003, 32 CLC (HCD)
....ion of law. In the result, the Rules are discharged without any order as to cost. The orders of stay granted earlier are vacated. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 636. ......here it was transferred to the Tribunal. No provision has been made in the Ain to the effect that the case shall be concluded at any cost within the specified time by giving go-bye to the established principles of trial causing prejudice to an accused…………………………(27) Cases Refer......Tribunal Ain, 2002 (Act No. 28 of 2002); sections 6, 10 (4), 15 Under section 6 of the Druto Bichar Tribunal Ain, 2002, a case which relates to the offences as mentioned in the section and pending for trial in the Courts as mentioned in the section may be transferred by the Government to a Tribun......ion of law. In the result, the Rules are discharged without any order as to cost. The orders of stay granted earlier are vacated. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 636. ..Category: Criminal Law | Date: | Hits: 177
Islami Bank and others Vs. Dewan Md. Yusuf, 2002, 31 CLC (HCD)
....udgment and the decree passed by the learned Court below. In view of above the appeal is dismissed without any order as to cost. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 624. ......@ 7%. 8. Before us Mr. Abdur Razzaq, appearing for the defendants/appellants, with his traditional eloquence, submitted that the bank's liability is never absolute. As long as the bank follows the principle of "due diligence" and resorts to the required degree of prudence, they are, in the prevai......bank acts without mandate and cannot repel liability, the only limitation on bank's liability being based on customer's lack of care in drawing a cheque as well as on his deliberate abstention from informing the bank of forgery…………………………(11) The banks have the defence of estop......udgment and the decree passed by the learned Court below. In view of above the appeal is dismissed without any order as to cost. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 624. ..Category: Criminal Law | Date: | Hits: 130
Nadira Alam Vs. State, 2010, 39 CLC (HCD)
.... Bazar for compliance who is directed to dispose the case in the light of observation made in the body of judgment on priority basis. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 218. ......ted in 59 DLR 236. 29. In this connection we may also profitable refer the decision in the case of Ali Akkas Vs. Enayet Hossain reported in 27 BLD(AD) 44 wherein their Lordships held: "the settled principle of law is that to bring a case within the purview of section 561A for the purpose of quash......anding payment of the cheque amount and (vi) failure of the drawer to make payment within specified time of the receipt of notice. As per section 177 and 183 of the Code of Criminal Procedure if the aforesaid six different acts were done in six different localities, any of the Courts exercising juri......urs can a prosecution under section 138 be instituted as per section 138(c) read with section 141(b) envisages only one cause of action in respect of one and the same cheque. 14. Now the point for determination is (I) whether the petitioner filed the case satisfying the provisions of law and (II)..Category: Criminal Law | Date: | Hits: 134
Moktar Ahmed Vs. Haji Farid Alam & another, 1989, 18 CLC (HCD)
....l No.48 of 1986 and direct the learned Sessions Judge to hear the appeal on merit in accordance with law. The Rule is made absolute. Ed. This Case is also Reported in:42 DLR (HD) (1990) 162. ......o argue that even in absence of any provision of law requiring publication of the order of the trial Court directing the accused to appear before him on the date of trial specified in the notice, the principle of natural justice also requires that the accused must be given a chance that he is facing......nserting section 339B in Cr.P.C. they did not consciously make any correÂsponding amendment in section 537 Cr.P.C. to include the word 'Gazette Notification and at least one Bengali newspaper'. Therefore, it can be inferred that section 537 does not cover the case falling under section 339B Cr.P.C.......l No.48 of 1986 and direct the learned Sessions Judge to hear the appeal on merit in accordance with law. The Rule is made absolute. Ed. This Case is also Reported in:42 DLR (HD) (1990) 162. ..Category: Criminal Law | Date: | Hits: 110
Md. Sayem Islam Vs. State, 2006, 35 CLC (HCD)
....ail bond. Send down the lower Court's records at once with a copy of the judgment for information and for taking necessary action. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 155. ......itness even did not know the contents of the polythene bag, the alleged recovery from the appellant was not proved and the conviction was set aside". We are in respectful agreement with the above principle and the same is applicable in the present case. So having regard to the facts we hold that......€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦.(24) Cases Referred to- 47 DLR 451; Mohammad Ali and another Vs. The State, 1 BLC 164. Lawyers Involved: Md. Abdur Razzaque, Advocate for S.M. Rezaul Karim, Advocate - For the appellant. Sheikh Rezaul Karim, Assistant Attorney Gen......ail bond. Send down the lower Court's records at once with a copy of the judgment for information and for taking necessary action. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 155. ..Category: Criminal Law | Date: | Hits: 103
Md. Mostafa Rana Vs. Most. Farzana Sultana, 2009, 38 CLC (HCD)
....itioner to pay 50% of decreetal amount in Court, failing which, the orders impugned shall stand vacate. AKM Abdul Hakim J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 149. ...... application on the same date but under a wrong forum, the learned Judge ought to re-admit after setting aside the ex parte dismissal of the appeal without fixing the matter on subsequent date. It is principle of law that dismissal of default order in the absence of any party is generÂally signed b...... Result: The rule is made absolute. The Code of Civil Procedure, 1908 (Act No. V of 1908); Order XLI Rule 19 Where there is specific proviÂsion of law for re-admission of the appeal then the litigant should invoke that provision. If the defenÂdant fi......itioner to pay 50% of decreetal amount in Court, failing which, the orders impugned shall stand vacate. AKM Abdul Hakim J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 149. ..Category: Procedural Law | Date: | Hits: 154
.... Orders previÂously made in each of these cases by this Court are also accordingly maintained.
17. There are no orders as to costs.
Ed.
This Case is also Reported in: 7 LG (HCD) (2010) 64.
...... Orders previÂously made in each of these cases by this Court are also accordingly maintained.
17. There are no orders as to costs.
Ed.
This Case is also Reported in: 7 LG (HCD) (2010) 64.
......t
Syed Refaat Ahmed J.- These are six Applications filed under Section 7 Ka of the Arbitration Act, 2001 (hereinafter referred to as 'the act") concurrent with all these Application being admitted for hearing and registered accordingly on 7-2-2007, except for Application No.08 of 2007 as was admi...... of the CFR (C) value of the goods (Annexure-B & B(1).
4. The facts in all the above six applicaÂtions having such a common premise, and the consequential issues arising for consideration and determination by this court being also similar, this Court now deems it prudent to disÂpose of all ..
Category: Alternative Dispute Resolution | Date: | Hits: 589
....ht of the observations made above. There will be no order as to costs. The order of stay granted earlier by this Court stands vacated.
Ed.
This case is also Reported in:49 DLR (HCD) (1997) 564.
......d bounds. The present petitioner entered appearance in the suit and filed written statements denying the material allegations of the plaint and contended, inter alia, that the suit is barred by the principles of estoppel, waiver and acquiescence. It was further contended that the suit is also barr......€‘1995 passed by the learned Subordinate Judge, 3rd Court, Mymensingh in Partition Suit No.141 of 1994 rejecting an application under Order 14 rule 2 of the Code of Civil Procedure and an application for rejection of the plaint under Order 7 rule 11 of the Code of Civil Procedure.
2. Opposite par......he principle of res judicata. Subsequently, the petitioner filed two applications: (1) For rejection of the plaint under Order 7 rule 11 of the Code of Civil Procedure and another application (2) For determination of the issue of the maintainability of the suit under Order 14 rule 2 of the Code of C..
Category: Procedural Law | Date: | Hits: 152
State Vs. Zakaria Kabiraj, 2012, 41 CLC (HCD)
....dgment and order be communicated to the concerned Tribunal at once for necessary action along with the records of the Tribunal below. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 523. ......fore, of the view that the conviction of the appellant should be altered from on under secÂtion 302 of the Penal Code to one under secÂtions 302/109 of the said Code." 68. Having regards to the principle enunciated in the Billal's case we are of the view that the conÂdemned-prisoner Zakaria K......J.- This Death Reference, under section 374 of the Code of Criminal Procedure (in short, the Code) has been submitted by the Bicharak (District and Sessions Judge), Druta Bichar Tribunal No.4, Dhaka, for confirmation of sentence of death, awarded by him upon accused Zakaria Kabiraj convicting him un......ls on record. Now, in order to appreciate the submissions and the arguments made by the learned Advocates of both the parties let the evidence on record be carefully scrutinized and analyzed for determination whether the Tribunal was justified in finding the condemned prisoner guilty under sect..Category: Criminal Law | Date: | Hits: 147
Md. Aftab Uddin Vs. Government of the People's Republic of Bangladesh and others, 2008, 37 CLC (HCD)
....ional Secretary and Secretary in the Ministry of Law, following the provisions of Nitimala, 2001, and the Bidhimala, 2006 and as well as the Bidhimala, 2007 promulgated for the purpose of control and guiding the appointments, promotions and postings in the judicial service. The learned advocate subm...... discussing on such submissions. 17. The learned Advocate relied on the decision in the case of Khair Ahmed Vs. Bangladesh, reported in 40 DLR (HCD) 352, which relates as to the application of the principle of "Force of Law" in any decision taken under the umbrella of the Rules of Business framed......dated 21.11.2008. 3. We have perused the writ petition and the Affidavits-in-Opposition arid the Supplementary Affidavit. We have considered the submissions made by the learned Advocates appearing for the petitioner, the respondent No.5 as well as the learned Additional Attorney General and the l......na, Dhaka. Let a copy of this judgment and order be placed before the learned Chief Justice for his perusal and necessary action. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 105. ..Category: Constitutional Law | Date: | Hits: 361
BRAC Printers Vs. Chairman; First Labour Court and another, 2007, 36 CLC (HCD)
....scharged without any order as to costs. The order of stay passed at the time of issuance of the Rule is hereby recalled and vacated. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 427. ......ffice bearers of the union, who raised the one-point charter of demand defeated the worker-respondents in election which preceded the termination of services of the worker-respondents. Therefore, the principle expressed in 28 DLR (AD) 190 has no manner of application on the facts and in the circumst......s last designation was 'senior machineman' and his gross wages was Tk. 5,767.50 per month. Respondent No.2 was elected assistant general secretary in the election of Collective Bargaining Agent (CBA) for two consecutive terms such as 1996-1997 and 1998. He acted as the bargaining agent with the mana......scharged without any order as to costs. The order of stay passed at the time of issuance of the Rule is hereby recalled and vacated. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 427. ..Category: Labour and Industrial Law | Date: | Hits: 138
Abdul Awal and others Vs. Ratan Bibi and others, 2007, 36 CLC(HCD)
....nths from date of receipt of the order. The order of stay granted at the time of issuance of the rule is hereby vacated. Communicate. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 41. ......nths from date of receipt of the order. The order of stay granted at the time of issuance of the rule is hereby vacated. Communicate. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 41. ......ed against the judgment and order dated 22.07.2002 and another order dated 27.08.2002 passed by the learned Joint District Judge, first Court, Comilla in Title Suit No.31 of 1994 rejecting the prayer for making some persons as parties and keeping the subsequent petition under section 151 of the Code......d Joint District Judge rightly rejected the application for addition of parties and that they filed the application for addition of parties only to delay the disposal of the suit. 13. The point of determination is whether the learned Joint District Judge committed any error of law in passing the ..Category: Property Law | Date: | Hits: 85
Iftekhar Afzal and anothers Vs. Pubali Bank Limited and others, 1998, 27 CLC (HCD)
....lt, the Rules are discharged but without any order as to costs. The orders of stay passed by this Court in these Rules stand vacated. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 623. ......6 and 227 of the Constitution merely because two views are possible on the facts of a case. It is also well established that it is only when an order of Tribunal is violative of the fundamental basic principle of justice and fair play or where a patent or flagrant error in procedure or law has crept......nal Kanti Biswas, Advocate - For the Opposite Party No.1 (In both the Civil Revisions). Mahmudul Islam with Nahid Mahtab and Ayesha Morshed, Advocates ‑ For the Petitioner. Md. Idrisur Rahman for Kazi Md. Nurul Amin, Advocate ‑ For the Opposite Party. Civil Revision No.3542 of 1994 with......lt, the Rules are discharged but without any order as to costs. The orders of stay passed by this Court in these Rules stand vacated. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 623. ..Category: Civil Law | Date: | Hits: 171
Md. Abdul Majid and others Vs. Arjat Ali Dewan and others, 2009, 38 CLC (HCD)
....rÂdance with law. Office is directed to communicate the order at once with a copy of Judgment for information and necessary action. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 297. ......…………Opposite Parties Judgment January 28, 2009. Result: The Rule is made absolute. The Code of Civil Procedure, 1908 (V of 1908); Order VI, Rule 17 One of the fundamenÂtal principles governing the amendment of the pleadings is that all the controversies between the partie......tal principles governing the amendment of the pleadings is that all the controversies between the parties as far as possible should be included and multiplicity of the proceedings avoided. Therefore, amendment of pleadings can be be considered if the proÂposed amendment will in no way change ......rÂdance with law. Office is directed to communicate the order at once with a copy of Judgment for information and necessary action. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 297. ..Category: Procedural Law | Date: | Hits: 114
Atiqullah Pathan (Dhanu) Vs. State and another, 2010, 39 CLC (HCD)
....nted earlier shall stands vacated. Send a copy of this order to the Assistant Sessions Judge, 2nd Court Mymensingh for compliance. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 175. ....... 25. In this connection we may also profitably refer the decision in the case of Ali Akkas Vs. Enayet Hossain reported in 17 BLD (AD) 44 = 2 BLC (AD) 16 wherein their Lordships held: "the settled principle of law is that to bring a case within the purview of section 561A for the purpose of quash......ding in the Court of the learned Assistant Sessions Judge, 2nd Court Mymensingh should not be quashed. 2. The opposite party No.2, Apu Mohammad Hossain on 30-3-2005 filed a petition of complaint before the Magistrate, first Class, Mymensingh bringing allegation against the accused petitioner unde......urs can a prosecution under section 138 be instituted as per section 138(c) read with section 141(b) envisages only one cause of action in respect of one and the same cheque. 14. Now the point for determination is (I) whether the petitioner filed the case satisfying the provisions of law and (II)..Category: Criminal Law | Date: | Hits: 84
Acqua Foods Limited and another Vs. Controller of Imports and Exports and others, 1997, 26 CLC (HCD)
....Certificate of the Petitioners immediately. Considering the facts and circumstances of the case, there will be no order as to cost. Ed. This case is also Reported in:49 DLR (HCD) (1997) 498. ......impugned order illegal and without jurisdiction. Ultimately, the DIT preferred an appeal before the Supreme Court of Pakistan which, in fact, upheld the order of the High Court. In the above case the principle has been laid down that the authority prescribed by law is the authority to take action or......ng of the Rule, respondent No.5 was directed to allow the petitioner to operate their bank account lying with the respondent No.5 subject to normal banking rules and regulations. 2. Facts relevant for the purpose of the present Rule are that, the petitioners have been doing their business of proc......Certificate of the Petitioners immediately. Considering the facts and circumstances of the case, there will be no order as to cost. Ed. This case is also Reported in:49 DLR (HCD) (1997) 498. ..Category: Civil Law | Date: | Hits: 140
Jesmin Ara Vs. Md. Abdul Karim, 2010, 39 CLC (HCD)
....f stay granted earlier by this Court stands vacated. Office is directed to communicate the order at once. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 172; 18 BLT (HCD) (2010) 255. ......f stay granted earlier by this Court stands vacated. Office is directed to communicate the order at once. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 172; 18 BLT (HCD) (2010) 255. ......Special District Judge, Court No.1, Rajshahi, rejecting Civil Revision No.15 of 2006 and affirming those of dated 31-1-2006 passed by learned Senior Assistant Judge, Rajshahi rejecting an application for returning plaint of Money Suit No.4 of 2004, suffers from an error of law resulting in an errone......ich call for no interference by this Court. 6. In order to appreciate their submissions, I have gone through the record and given my anxious consideration to their submissions. 7. The point for determination whether the impugned order calls for interference by this Court. 8. On going to mat..Category: Procedural Law | Date: | Hits: 122
Rafiqul Alam (Md.) Vs. Md. Abdul Awal & others, 2010, 39 CLC (HCD)
....2-1997 passed by the Subordinate Judge, Rangpur in Order Appeal No.140 of 1995 in hereby affirmed. Send down the LCR accordingly. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 168. ......nal Division Vs. Sazahan Miah reported in 35 DLR 224 TCB & ANR Vs. Syed Sajeduzzaman reported in 40 DLR 406 and BJMC Ltd. Vs. Abdul Halim Chowdhury reported in 47 DLR 173. In the cited cases, the principle of law laid down is that a suit for declaration that plaintiff's dismissal is illegal and ......udgment and decree dated 24-2-1997 passed by the SubÂordinate (now Joint District Judge), First Court, Rangpur in Other Appeal No.140 of 1995 should not be set aside. 2. The necessary facts found for disposal of this Rule are simple. The present petitioner as plaintiff filed Other Class Suit No.......2-1997 passed by the Subordinate Judge, Rangpur in Order Appeal No.140 of 1995 in hereby affirmed. Send down the LCR accordingly. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 168. ..Category: Civil Law | Date: | Hits: 144
Aysha Begum and others Vs. Mozibur Rahman, 2010, 39 CLC (HCD)
....is allowed. The impugned order passed by the learned Joint District Judge is set aside. There shall, however be, no order as to cost. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 160. ......hat the plaintiff is being deprived of his share from the earning of that property.' 5. Mr. AJ Mohammad Ali, learned AdvoÂcate, appearing on behalf of the appellant submits at the outset that the principles of appointment of receiver, particularly in a suit for partition, is by now well-settled.......d by the learned Joint District Judge, First Court, Chittagong, in Other Class Suit No.254 of 2008 appointing receiver in respect of properties described in Kha schedule of the plaint. Facts relevant for disposal of this appeal, in short, are that the sole plaintiff filed the aforesaid other class s......passed the same totally unconcerned about the utterly senseless dislocation that may follow in the management of family property in the event of introducing a stranger into management that too before determination of the single member's share, if any, in his family property. Furthermore the plaintif..Category: Civil Law | Date: | Hits: 126
Shaukat Ali and another Vs. Chairman, Labour Court, Khulna and others, 1992, 21 CLC (HCD)
....f Labour (Standing Orders) Act, 1965. With the aforesaid observation the rules are discharged. There will be no order as to costs. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 410. ......s on 17/18 blank papers under coercion and submitted that thepetitioner actually signed the papers before the Enquiry Committee after these were read over to him and as such there was no violation of principle of natural justice as alleged. It has been further stated by the respondent Nos.2 and 3 th......ssain, Security Guard and the petitioner was constituted to weigh firewood supplied by contractors to the Respondent No.2. The petitioner besides his normal duties was selected to be a member of the aforesaid weighment committee and on 28.5.85 as per direction of the Departmental Head he went to the......f Labour (Standing Orders) Act, 1965. With the aforesaid observation the rules are discharged. There will be no order as to costs. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 410. ..Category: Labour and Industrial Law | Date: | Hits: 182
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