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Md. Khayruddin Vs. State, 2009, 38 CLC (AD)
....ecution case about recovery of arms from the petitioner, that Pw.6 was even declared hostile by the prosecution. The learned Advocate submits that the High Court Division failed to appreciate that no independent witness proved the alleged recovery of arms from the petitioner. 4. We have heard th...... petitioner. Preparation of the paper-book is dispensed with as prayed for. The petitioner is permitted to add additional grounds. Ed. This Case is also Reported in: VII ADC(2010) 1018. ..Category: Criminal Law | Date: | Hits: 41
Yunus Mia (Md) and others Vs. Bangladesh Krishi Bank & ors, 2001, 30 CLC (HCD)
....uch is of no avail.” There is no doubt that the scope of enquiry under Order XXl rule 58 of the Code is very limited, which is confined to the question of possession. But such possession must be independent of the judgment debtor and not through the judgment debtor within the meaning of rule 61...... is hereby re-called and vacated. The executing Court is directed to proceed with the execution as usual in accordance with law. Communicate. Ed. This Case is also Reported in: 54 DLR (2002) 123...Category: Property Law | Date: | Hits: 27
Mokbul Hossain Vs. Government of Bangladesh & ors., 2002, 31 CLC (HCD)
....as arrested under section 54 of the Code of Criminal Procedure but it cannot be said that this arrest was made with a view to detain him under section 3(2) of the Special Powers Act. Section 54 is an independent section of Code of Criminal Procedure under which police has been given power to arrest ......illegally and as such we find no substance in the Rule and the same liable to be discharged. In the result, the Rule is discharged. Ed. This Case is also Reported in: 54 DLR (2002) 118. ..Category: Criminal Law | Date: | Hits: 34
Delower Hossain @ Ali Hossain Bhuiyan Vs. State, 2001, 30 CLC (HCD)
....x court of our country-has laid down the basic principle in the case of Sonali Bank Vs. Karnaphuli Works Ltd. reported in 46 DLR (AD) 55 wherein it is observed “the inherent power may be invoked by independent powers conferred by any other provisions of the Code. This power nor revisional power no......mandatory provisions of law and, as such, the impugned judgment is liable to be quashed. No doubt it is a good ground but it is to be seen that in what nature of cases and circumstances demand of the appointment of State defence lawyer to defend the convict appellant, this point has been clarified i..Category: Criminal Law | Date: | Hits: 37
Azizur Rahman Vs. Mariamunnessa and others, 2001, 30 CLC (HCD)
.... directed to dispose of the suit within one year from the date of receipt of this judgment and order. Send down the lower court records. Ed. This Case is also Reported in: 54 DLR (2002) 108. ......observations from the decisions. 15. In the case of Munshi Abdul Gani another Vs. Protiva Rani Devi and others reported in PLR 1951 p. 911 wherein his Lordship observed: “In the absence of an appointment of a guardian ad-litem for Sisir, one of the defendants in the rent suit, who was a pers..Category: Property Law | Date: | Hits: 44
Md. Shahjahan Ali Vs. The Chairman, Labour Court, Rajshahi, 1987, 16 CLC (HCD)
....try but on payment of certain dues. Exercise of this power cannot be assailed as arbitrary because the employer is required to pay pecuniary benefits to the person sought to be terminated. Even independent of section 19 an employer has got inherent power to terminate the service of his servant...... For all these reasons we do not find any substance in this rule. The rule is, accordingly, discharged without any order as to costs. Ed. This Case is also Reported in: 40 DLR (1988) 132. ..Category: Labour and Industrial Law | Date: | Hits: 124
Md. Makbul Hossain & others Vs. Sree Shibu Pada Dam, 1987, 16 CLC (HCD)
....ies in the proceeding so as to contest the proposed grant of probate. 4. After hearing the learned Advocates of both the parties, the learned District Judge found that the petitioners are claiming independent title in the case property and as such they are not entitled to be added as party to the......ge has rightly rejected their application. The rule is, therefore, discharged without any order as cost. Mustafa Kamal J. - I agree. Ed. This Case is also Reported in: 40 DLR (1988) 120. ..Category: Property Law | Date: | Hits: 54
Belal alias Bellal and 2 others Vs. State, 2001, 30 CLC (HCD)
....der of conviction and sentence having passed on the basis of the confessional statement of the appellants, is not maintainable as those are not admissible in evidence and also not corroborated by any independent witness. He further assailed the impugned judgment submitting that the prosecution has f......, District-Dinajpur be set at liberty forthwith if not wanted in any other connection. Send down the lower Courts records expeditiously. Ed. This Case is also Reported in: 54 DLR (2002) 80. ..Category: Criminal Law | Date: | Hits: 83
....ufficient materials and as such the decision does not call for any interference by this court.
In the result, the Rule stands discharged.
Ed.
This Case is also Reported in: 46 DLR (1994) 143. ...... is urged on behalf of the Bank authority (Petitioner) that the 1st party applicant Sekendar Ali Howlader was appointed Godown Keeper with effect from 12.3.73 by the Bank authority petitioner and the appointment letter dated 12.3.73 was marked Ext.1 of the Labour Court. The learned Advocate urged. t..
Category: Labour and Industrial Law | Date: | Hits: 93
Abu Bakar Siddique Vs. Md. Khorshed Alam & ors., 2001, 30 CLC (HCD)
....this Rule is discharged without any order as to costs on the ground of maintainability with the findings and observations made herein above. Ed. This Case is also Reported in: 54 DLR (2002) 75. ......sed on 12-12-95. Thereafter the suit was again transferred to the court of the Assistant Judge, 4th Court, Dhaka and renumbered as Title Suit No. 62 of 1996. The plaintiff-opposite party prayed for appointment of an Advocate Commissioner for holding local investigation for allotment of saham which..Category: Property Law | Date: | Hits: 32
Khondaker Modarresh Elahi Vs. Government of the People’s Republic of Bangladesh, 2000, 29 CLC (HCD)
....he 20th Century hartal has been used as peaceful weapon to protest repression, exploitation and injustice. It was used as a democratic means to force the British Government to quit India and creating independent states in the subcontinent. It was used as a struggle against the colonial exploitation ......I concur with the judgments delivered by my learned brothers Mainur Reza Chowdhury and Syed JR Mudassir Hussain, JJ, in discharging the Rule. Ed This Case is also Reported in: 54 DLR (2002) 47. ..Category: Constitutional Law | Date: | Hits: 216
Bhola Vs. State, 2001, 30 CLC (HCD)
....e deceased in the company of all the accused persons while he was going to the house of Abdul Jabbar. PW 5 Harunur Rashid corroborated the same in one voice. These two witnesses are disinterested and independent witnesses and there is no reason to disbelieve them on this point that the decades was s......s order dated 29‑10‑91 is upheld with the above modification and the appeal is dismissed. Send down the lower court's record immediately. Ed. This Case is also Reported in: 55 DLR (2003) 36...Category: Criminal Law | Date: | Hits: 41
Hotel Agrabad Ltd. Vs. Chairman, Labour Court and others, 1999, 28 CLC (HCD)
....se. The learned Advocate further submits that kitchen and bakery of a hotel can be termed as industrial undertaking but in the instant case the restaurant and the bakery had their own separate entity independent of the hotel itself and, as such, even if it is found that electrical energies are used ......ur Court in IRO Case Nos. 78 and 79 of 1984 are upheld. The petitioner will pay a cost of Taka 5000 in each of the Rules. Ed. This Case is also Reported in: 59 DLR (2007) 297. ..Category: Labour and Industrial Law | Date: | Hits: 121
Moyezuddin Sikder and ors. Vs. State, represented by the DC, Khulna, 2007, 36 CLC (HCD)
.... are to remember another cardinal principle as to the interpretation of law relating to the curtailment of jurisdiction of the superior Courts. It is well settled that in a democratic country with an independent judiciary the jurisdiction of Superior Courts are not to be interpreted to have been tak......n with a non-obstante expression. Accordingly, the question raised at the Bar is hereby resolved with the observations as above. Ed. This Case is also Reported in: 59 DLR (2007) 287. ..Category: Criminal Law | Date: | Hits: 50
Abdul Malek (Md) Vs. Bangladesh and others, 2006, 35 CLC (HCD)
....ave been passed without lawful authority and the same is of no legal effect. In the result, the Rule is made absolute. No costs. Ed. This Case is also Reported in: 59 DLR (2007) 284. ...... of the petitioner with forfeiture of the security money. 2. Facts relevant for disposal of this Rule, in brief, are as under: 3. The petitioner, a reputed businessman, was selected for appointment as a dealer of fertiliser by District Selection Committee and the Deputy Commissioner,..Category: Civil Law | Date: | Hits: 74
Mozam and others Vs. State, 2006, 35 CLC (HCD)
....e of five days i.e. on 27-9-1994 without any satisfactory explanation which casts a serious doubt upon the prosecution story. He lastly submits that the evidence of victim was not corroborated by any independent evidence and as such, the same cannot be relied. According to him, the learned Judge of ......offence. Send down the lower Court's records at once with a copy of this judgment for information and for taking necessary action. Ed. This Case is also Reported in: 59 DLR (2007) 276...Category: Criminal Law | Date: | Hits: 82
Mahbubul Alam (Md.) Vs. Bangladesh and Others, 2006, 35 CLC (HCD)
....ase, the Rules in Writ Petition No. 2711 of 2004 and Writ Petition No.2560 of 2004 are hereby discharged without any order as to costs. Ed. This Case is also Reported in: 59 DLR (2007) 205. ......on by their judgment dated 17th March, 2002 dismissed the leave petition upholding the judgment of the High Court Division passed in Writ Petition No. 2876 of 1998 holding as under: "Since the appointment of the petitioner as Nikah Registrar was on temporary basis no right accrued in favour o..Category: Civil Law | Date: | Hits: 67
Md. Ali Haider & Ors. Vs. State and others, 1987, 16 CLC (HCD)
....Therefore it is evident that much bad blood has been existing between Seraj and this informant Hossain Ali from before. Therefore the testimony of informant Hossain Ali unless corroborated by other independent evidence in material particulars cannot be relied upon. 11. P.W.2 Korban Ali Majhi is...... the charge. They shall be set at liberty forthwith if not wanted in connection with any other case. Amin-ur-Rahman Khan J. – I agree Ed. This Case is also Reported in: 40 DLR (1988) 97. ..Category: Criminal Law | Date: | Hits: 30
Nazibul Islam & others Vs. Dr. Amanullah & Ors., 1988, 17 CLC (HCD)
....o of no substance. Accordingly, this Rule is discharged and the stay order granted by this Court is vacated. Naimuddin Ahmed J.- I agree. Ed. This Case is also Reported in: 40 DLR (1988) 94. ...... Rule the Second party-petitioners have prayed for quashing the proceeding in G.R. Case No. 65 of 1986 under section 145 of the Code of Criminal Procedure, so far it relates to the attachment and appointment of a receiver in respect of the schedule property in question. 2. The short fact that..Category: Criminal Law | Date: | Hits: 32
Mirza Shahab Ispahani Vs. Government of the Peoples’ Republic of Bangladesh, 1987, 16 CLC (HCD)
....en stated in the affidavit-in-opposition filed by the respondent that the claim of the petitioner being as citizen of Bangladesh is riot correct. He was a citizen of Pakistan when Bangladesh became independent and when President's Order No. 16 of 1972 came into force. Thereafter he acquired citi......tore the disputed property to the possession of the petitioner within three months from date. Mohammad Ismail Uddin Sarker J. - I agree. Ed. This Case is also Reported in: 40 DLR (1988) 87. ..Category: Immigration and Citizenship Law | Date: | Hits: 188
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