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Sonali Bank and another Vs. Chandon Kumar Nandi, 1994, 23 CLC (HCD)
....t any grievance lies in the Labour Court. The contention of Mr. Huq is that the plaintiff being a worker, his suit was not maintainable in the Civil Court and accordingly, the learned Assistant Judge rightly dismissed the suit as being not maintainable, but that the learned District Judge has commit......e absolute. Civil Court had no jurisdiction to entertain the suit of a 'worker' as defined in the Employment of Labour (Standing Orders) Act, 1965 as the remedy of his grievance lies in a separate forum, the Labour Court................................(20) Cases Referred to- Abdul Mannan Si...... Judgment and decree passed by the learned District Judge are hereby set aside and those of the learned Assistant Judge are restored. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 330. ......defined in section 2(1)(b) of the Employment of Labour (Standing Orders) Act, 1965 as under: "Worker means any person including an apprentice employee in any shop, commercial establishment or industrial establishment to do any skilled, un‑skilled, manual, technical, trade, promotional or cleric..Category: Labour and Industrial Law | Date: | Hits: 137
Md. Golam Mostafa Vs. State, 2010, 39 CLC (HCD)
....is hereby quashed. The order of stay granted at the time of issuance of the rule is hereby vacated. Communicate the order at once. Ed. This Case is also Reported in: 15 MLR (HCD) (2010) 337. ......r in Special Case No.24 of 2004 arising out of G.R. Case No.155 of 2000 (Sadar) corresponding to Bogra P.S. Case No.49 dated 13.02.2000 under sections 406/420/409/109 of the Penal Code, now pending before the Court of Special Judge, Bogra, should not be quashed and/or such other or further order or ......is hereby quashed. The order of stay granted at the time of issuance of the rule is hereby vacated. Communicate the order at once. Ed. This Case is also Reported in: 15 MLR (HCD) (2010) 337. ......he learned Judge took cognizance of the offence by an order dated 01.08.2004 and framed charge, against the accuseds, under sections 406/420/409 of the Penal Code by an order dated 10.10.2004. During trial, prosecution has examined 10 witnesses. In the course of trial, on 15.01.2007, the accused pet..Category: Criminal Law | Date: | Hits: 97
Sultana Jute Mills Ltd. and another Vs. Bangladesh Bank and others, 2007, 36 CLC (HCD)
....as no settlement/compromise between the petitioners and respondent No.3. The petitioners owe the respondent No.3 a huge amount of money which he has defaulted to repay and therefore his name has been rightly included in the CIB Report. That the CIB Report was prepared in accordance with paragraph-43......s discharged. Lawyers Involved: Akter Imam with Shiekh Hasan Arif Advocates - For the Petitioners. Md. Asadullah witn Khalleda Sultana Nur, Advocate - For the respondentNo.1 Zaforullah Chowdhury, Advocate - For the respondent No.3. Writ Petition No.1763 of 1999. J......is discharged without any order as to cost. The order of stay granted at the time of issuance of Rule on 3.12.2000 is hereby vacated. Ed. This Case is also Reported in: 14 MLR (HCD) (2009) 434. ...... written to the petitioner by the plaintiff bank and whether the same has been accepted by the petitioner are matters of evidence. The points at issue now before us can well be decided at the time of trial of the suit but on a writ jurisdiction this question cannot be decided. Defendants will be at ..Category: Civil Law | Date: | Hits: 112
Hachina Begum and others Vs. Abdul Mannan and others, 2010, 39 CLC (HCD)
....……………………………….Respondents Judgment August 2, 5, 8, 2010. Result: The appeal is allowed. The limitation will start not from the date of publication of record of right, so long any dispute as to title and possession is not raised . . . the wrong record of right ......s of the case, in-short, are that the present appellants as plaintiffs instituted a suit being Title Suit No.23 of 1978 in the Court of Subordinate Judge, 2nd Court, Barisal impleading the defendants for declaration of title on the averments that one Abdul Kader Mia, the predecessor of the plaintiff......arisal in Title Suit No.23 of 1978 is set-aside. Let a copy of the judgment along with lower Court's record be sent down at once. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 628. ......share; that the plaintiffs have no right, title and possession in the suit property relating to the shares of defendant Nos. 1-4 and as such the suit is liable to be dismissed. 4. In the course of trial, the trail Court framed the following issues:- 1. Is the suit maintainable in its present f..Category: Property Law | Date: | Hits: 146
Most. Shiuli alias Babi Vs. State, 2006, 35 CLC (HCD)
....s discharged from her bail bond. 17. Send down the lower court records and a copy of the judgment and order to the court concerned. Ed. This Case is also Reported in: 27 BLD (HCD) (2007) 29. ......beyond reasonable doubt by adducing independent witnesses, the accused persons are entitled to get acquittal. Even if there are elements of truth in the prosecution case that itself is not sufficient for conviction without being proved by the prosecution by legal and reliable evidence and the prosec......s discharged from her bail bond. 17. Send down the lower court records and a copy of the judgment and order to the court concerned. Ed. This Case is also Reported in: 27 BLD (HCD) (2007) 29. ......zure list was prepared and hence the case. 3. The police investigated the case and submitted charge sheet under section 25B of the Special Powers Act, 1974 against the accused appellant. 4. The trial court framed charge under section 25B of the Special Powers Act which was read over to the app..Category: Criminal Law | Date: | Hits: 95
Md. Sazzad Hossain Vs. M/S. Kaderia Publication and another, 2006, 35 CLC (HCD)
.... possessing the same by demarcating the land with the muli Bamboo fencing and raising muli bamboo house and appointing caretaker thereat. It is further stated that although the defendants have got no right and title on the property but they threatened the caretaker to enter forcibly into the propert......dated 04.02.2002 by allowing the plaintiffs application under section 151 of the Code of Civil Procedure and rejecting the defendant's application under Order 26 Rule 9 of the Code of Civil Procedure for holding local investigation. 2. The opposite party No.1 as plaintiff filed title suit No.183 ......f this court to the learned Joint District Judge, Additional Artha Rin Adalat No.2, Dhaka, for his information and necessary action. Ed. This Case is also Reported in: 27 BLD (HCD) (2007) 170. ......tion is imperative for the purpose of elucidating any matter in dispute. Particularly in a suit for permanent injunction, determination of the location of suit property is necessary before going into trial. Since the defendant stoutly claims that all the land of suit plot No.355 has been acquired an..Category: Property Law | Date: | Hits: 84
Md. Raqib Sheikh Vs. State, 2005, 34 CLC (HCD)
.... the D.Ws. Even the appellant at the time of examination under section 342 of the Code of Criminal Procedure did not disclose such defence case. Such belated defence case is doubtful. The Court below rightly and legally convicted the appellant. Therefore, there is no ground for interference with the......ns Judge, 4th Court, Khulna in Sessions Case No.172 of 1998 convicting the appellant, and absconding accused Ful Baru under section 314/34 of the Penal Code and sentencing them to suffer imprisonment for life and to pay a fine of TK. 10,000/- each, in default of payment of which to suffer further ri...... Raqib put pressure on Anowara, who was not willing to miscarriage her first conception. The appellant forcibly caused the miscarriage. In cross-examination he stated that before marriage there was affair between accused Raqib and the deceased. Raqib, his parents and he (P.W.9) got the deceased admi......ng some act intending to cause her miscarriage. He himself investigated the case and after investigation submitted charge sheet-against the appellant and absconding convict Ful Baru. They were put to trial in the 4th Court of Additional Sessions Judge, Khulna, wherein charge under sections 304 and 3..Category: Criminal Law | Date: | Hits: 69
Md. Omar Faruque Vs. State and another, 2007, 36 CLC (HCD)
....enal Code now pending in the Court of the Magistrate, 1st Class, Kushtia is quashed. Communicate the order to the Court concerned. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 318. ......as to-this-Court may seem fit and proper. 2. The facts of the case, in short, is that on 22.03.2004 at about 22.50 hours one Md. Akhtaruzzaman, Manager (Production), BRB Cable Industries Ltd. as informant lodged an ejahar with Kushtia Police Station alleging, inter-alia, that accused Md. Omar Far......enal Code now pending in the Court of the Magistrate, 1st Class, Kushtia is quashed. Communicate the order to the Court concerned. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 318. ...... accused petitioner was arrested on 27.07.2005 and subsequently he was enlarged on bail on 28.07.2005. Thereafter, the case was transmitted to the Court of Additional District Magistrate, Kushtia for trial. 5. Being aggrieved and dissatisfied with the aforesaid impugned proceeding the accused pe..Category: Criminal Law | Date: | Hits: 92
Badsha Alam Vs. State, 2006, 35 CLC (HCD)
....e UNO or PIO and the appellant was not informed against any complain or regarding investigation and that no measurement of Ali Ahmed Commissioner Road was taken by the Sub-Assistant Engineer who is a right man to do so. He further submits that the project was implemented after taking delivery of whe......on can call upon the court to record its verdict of guilty only when it has proved its case by cogent and legal evidence. Suspicion however so high is no substitute of legal evidence and it can never form the basis of conviction………………………(39) Case Referred to- Syed A......urably acquitted. The accused Badsha Alam who is currently on bail is discharged from his bail bond. Send down the L.C.R at once. Ed. This Case is also Reported in: 27 BLD (HCD) (2007) 21. ......he charges were readover to the person on dock namely Sadhan Mohjan who pleaded not guilty and claimed to the tried. The accused Badsha Alam Chairman of the Project Committee has absconded during the trial as such the charges could not be read out to him and thus it was framed in absentia. 7. For..Category: Criminal Law | Date: | Hits: 76
Labai Pramanik @ Nabab Ali Vs. State, 2005, 34 CLC (HCD)
....nd all reasonable doubt that deceased Shaheda was the wife of accused-appellant Labai, therefore, he was obliged to explain as to how his wife had met with the death, which he failed, the court below rightly found him guilty of the charge under section 302 of the Penal Code and no interference is ca......tence dated 30.9.91 passed by the learned Additional Sessions Judge, Pabna, in Sessions Case No.49 of 1990 convicting him under section 302 of the Penal Code and sentencing him to suffer imprisonment for life and also to pay a fine of taka 10,000/- in default to suffer rigorous imprisonment for one ......lant be set at liberty at once, if not wanted in connection with any other case. Send down the lower court's records immediately. Ed. This Case is also Reported in: 27 BLD (HCD) (2007) 156. ......arge sheet in the case against six persons including the appellant under section 302/34 of the Penal Code. 4. Eventually the convict appellant along with other accused (since acquitted) was put on trial before the Additional Sessions Judge, Pabna in Sessions case No.49 of 1990. As the convict app..Category: Criminal Law | Date: | Hits: 80
Md. Arfan Khan Vs. Bangladesh and others, 2012, 41 CLC (HCD)
....angladesh and others Vs. Md. Tajul Islam, 49 DLR (AD) 175. 6. Mr. Aminuddin further submits that the allegations made in the show cause notice do not constitute any ‘misconduct’, for which the right to profession and lawful trade or business of a citizen guaranteed under the Constitution can ......g agent was issued calling in question the legality of an order passed by the Government in the Ministry of Expatriates’ Welfare and Overseas Employment Affairs canceling his recruiting license and forfeiting security money deposited against the same. 2. Facts leading to this Rule, in brief, ar......isi at the instance of a manpower recruiting agent was issued calling in question the legality of an order passed by the Government in the Ministry of Expatriates’ Welfare and Overseas Employment Affairs canceling his recruiting license and forfeiting security money deposited against the same. ......erit in the Rule. Accordingly the Rule is discharged. Stay granted at the time of issuance of the Rule is vacated. Mohammad Bazlur Rahman J. - I agree. Ed. This Case is also Reported in: ..Category: Constitutional Law | Date: | Hits: 407
Md. Rakibul Islam and others Vs. Anwar Hossain and another, 2009, 38 CLC (HCD)
....te parties, on the other hand, submitted that the learned appellate Court on proper consideration of the evidence and materials on record found that the plaintiff could not prove his case and as such rightly allowed the appeal. The learned Advocate further submitted that the finding of fact as arriv......the court of Assistant Judge, Bhederganj, District Shariatpur against defendants Anwar Hossain Gazi, Shahanara Begum and Government of the People's Republic of Bangladesh as defendant Nos. 1, 2 and 3 for specific performance of contract for selling 1.95 acres of land for a consideration of Tk. 15,00......as been discharged so the connecting rule in C. Rule No.551(R) of 1999 is also discharged. Send down the L.C. Records immediately. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 395. ......ee letters were not written by defendant No.1 nor possession of the suit land was handed over to the plaintiff. 4. P.Ws. and 2 D.Ws. were examined in support of their respective cases. The learned trial Court on consideration of the evidence and materials on record by his judgment and decree date..Category: Property Law | Date: | Hits: 103
Haji Azizur Rahman and others Vs. Syeedul Haque Chowdhury, 1985, 14 CLC (HCD)
.... the case. In this view of the matter we do not find any illegality in the impugned order of the learned Assistant Sessions judge deemed to have been appointed as an Additional Sessions Judge. He has rightly set aside the order of the learned Magistrate and directed further enquiry. 10. The accus......(corresponding more or less to those of section 265C Cr.P.C.) clearly provides that the Magistrate has to consider and by explicitly providing in the said section the expression "record his reasons for doing" the legislature has made it obligatory for the Magistrate to give his reasons for finding......r the Rule is discharged. Let the lower Court's records be sent down at once. Fazle Hussain Mohammad Habibur Rahman J.- I agree. Ed. This Case is also Reported in:38 DLR (HCD) (1986) 4. ......ase is not disclosed, the Magistrate has to state the case for the prosecution and give a finding that even if the whole case for the prosecution as believed, no offence whatsoever is made out. The trial Court under section 241A Cr.P.C. (or section 265C Cr.P.C.) ordinarily can not go beyond findin..Category: Procedural Law | Date: | Hits: 78
Mostafizur Rahman (Md.) Vs. State, 1993, 22 CLC (HCD)
.... the Court and the prayer was refused and then another prayer was made on behalf of the accused for recalling the P.Ws. for an opportunity to cross‑examine them but that prayer was also rejected outright and thereafter argument was heard on behalf of the prosecution only and 28‑1‑90 was fixed ......71 of the Penal Code read with section 5(2) of Act II of 1947 but convicting the appellant under section 409 of the Penal Code read with section 5(2) of Act II of 1947 and sentencing him to suffer RI for 4(four) years and to pay a fine Taka 2,000.00 in default to suffer SI for 3 (three) months more.......ondker Mushaq Ahmed Vs. Bangladeshreported in 34 DLR (AD) 222. Otherwise the common proverb that "justice hurried, is justice buried." may be proved true. 15. In the instant case, I think, for all fairness and for proper administration of justice, the prayer for recalling the P.Ws. ought to have ......r and the case was numbered as Special Case No.10/89. Thereafter the learned Sr. Special Judge, transferred the same to the learned Special Judge and Assistant Sessions Judge, Court No.3, Rangpur for trial and disposal. 4. The accused appellant Mostafizur Rahman appeared before the learned Senior..Category: Criminal Law | Date: | Hits: 110
Yunus Molla (Md.) Vs. State, 1995, 24 CLC (HCD)
....Rule is made absolute and the proceedings of Special Case No.500 of 1984 is quashed. Send down the lower Court's records to the Court. Ed. This Case is also Reported in:48 DLR (HCD) (1996) 273. ......Md. Abdus Salam Mamun, Assistant Attorney-General ‑ For the State. Criminal Revision No.447 of 1990. Judgment Kazi Ebadul Hoque J.- This Rule at the instance of the accused‑petitioner is for quashing the proceeding in Special Case No.500 of 1981 pending in the Court of Divisional Specia......Rule is made absolute and the proceedings of Special Case No.500 of 1984 is quashed. Send down the lower Court's records to the Court. Ed. This Case is also Reported in:48 DLR (HCD) (1996) 273. ......ecial Judge, Khulna. 2. Mr. Syed Ziaul Karim, the learned Advocate for the petitioner, submitted that in pursuance of section 8(a) of Criminal Law Amendment (Amendment) Act (XIII of 1987) that the trial of the case having not been concluded within a period of 2 years from the commencement of the ..Category: Procedural Law | Date: | Hits: 95
Doon Valley Rice Limited Vs. MV Yue Yang and others, 1996, 25 CLC (HCD)
....k to the date of the institution of the suit. But the Court will be reluctant to allow such amendment which would have the effect of totally altering the nature of the suit or would take away a legal right accrued to the defendant by lapse of time. ………………………………………….(3......g is commenced by the arrest of the res, the ship, such arrest is not an interlocutory order………………………………(34) The Admiralty Act, 1861, section 6 In a pure and simple suit for the realisation of the money by an unpaid vendor, admiralty jurisdiction cannot be invoked. To a......Agarwal, Managing Director of the company be and is hereby generally authorised to file a legal suit on behalf of the company, in any Indian or International Court regarding the day to day business affairs of the company, Resolved, further that Shri Naresh Aggarwal is further authorised to execute, ...... well as the application for the return of the plaint are rejected. And the suit is held to be maintainable in Admiralty Jurisdiction. Ed. This Case is also Reported in:48 DLR (HCD) (1996) 531. ..Category: Admiralty Law or Maritime Law | Date: | Hits: 258
Shahinur Begum Vs. Md. Minarul Islam Mondol @ Miton, 1997, 26 CLC (HCD)
....tted and the marriage is followed by divorce and the plaintiff could establish consummation which could not be negatived or destroyed in any way by the defence evidence, the plaintiffs' suit has been rightly decreed. Now the questions pose that even if there was salish, whether the salish had author......evision is directed at the instance of the plaintiff who is wife Shahinur Begum, against the husband Md. Minarul Islam alias Miton. 2. The petitioner instituted Family Suit 5 of 1993 on 3‑1‑93 for dower money both prompt and deferred being Taka 55,000.00 and maintenance being Taka 4500.00 The......reed. The order of stay granted earlier is hereby vacated. No order as to costs. Send down the records of the Courts below at once. Ed. This Case is also Reported in:49 DLR (HCD) (1997) 567. ...... the wedlock ended in a divorce on the aforesaid date. The defendant took Other Family Appeal 205 of 1994. The appeal was contested by the plaintiff. The appellate Court set aside the Judgment of the trial Court and also dismissed the whole suit of the plaintiff by the impugned Judgment and decree. ..Category: Family Law | Date: | Hits: 122
State Vs. Secretary, Ministry of Home Affairs and others, 2009, 38 CLC (HCD)
....iling the affidavit in opposition annexed a copy of the statement of Barrister Rezwan Hossain before the Court martial. We note that the deponent stated that in the course of the assault upon him his right leg and left forearm were broken and he expressed his desire to produce the X-ray report and d......ndent of Police, Immigration, Zia International Airport, 4. Saiful, 5. Delwar, 6. Mujib, 7. Anowar and 8. Mizan to show cause as to why they shall not be directed to explain the action of the five aforementioned security officials, namely Saiful, Delwar, Mujib, Anwar and Mizan (subsequently corr......Supreme Court High Court Division (Special Original Jurisdiction) Present: Md. Imman Ali J Sheikh Abdul Awal J State...............Petitioner Vs. Secretary, Ministry of Home Affairs and others................Respondents Judgment April 28, 2009. Result: The Rule is......roken and he expressed his desire to produce the X-ray report and did in fact produce six X-ray plates, some of which were taken before plastering and some taken afterwards. It appears that after due trial by the Court martial the respondents No.4 to 7 were convicted and sentenced variously, whereas..Category: Others | Date: | Hits: 87
Rakibuddin Talukder Vs. Government of Bangladesh and others, 2009, 38 CLC (HCD)
....acres from Akfar Ali Talukder by way of Pattan. The plaintiff executed a kabuliyat in favour of Zamindar for the ক schedule land on 1st Kartik, 1348 BS. Since then the plaintiff has been exercising right, title and possession over the suit land. But during S.A. settlement operation, the land was......rt facts leading to this Rule are that on 04-07-1980, the petitioner as plaintiff instituted Other Class Suit No.259 of 1980 in the Court of Munsif, Sirajganj, pleading opposite parties as defendants for declaration of title in respect of 1.83 acres of land out of 9.80 acres described in the schedul....... Office is directed to send down the records of this case at once with a copy of Judgment for information and necessary action. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 430. ......y of some fictitious documents and he has no right, title and possession in the suit land. Therefore, the suit is liable to be dismissed. 7. On the pleadings following issues were settled by the trial Court. a) Whether the suit was maintainable in the present form? b) Whether the suit was..Category: Property Law | Date: | Hits: 76
Shahid Mia and another Vs. State and another, 2007, 36 CLC (HCD)
....used person snatched away those money from him and fled away. The informant and his brothers caught hold of the accused Shahid with me Razor. At that time the accused Shahid dealt a Razor blow to the right hand wrist of the informant causing injury. Then the accused Shahid was taken to the Railway S...... March 12, 2007. Result: The appeal is allowed. The Code of Criminal Procedure, 1898 (V of 1898); section 342 An examination of an accused under Section 342 of the Code is not an idle formality. It has to be carried out carefully in the interest of justice and fair play to the accuse......nal Procedure, 1898 (V of 1898); section 342 An examination of an accused under Section 342 of the Code is not an idle formality. It has to be carried out carefully in the interest of justice and fair play to the accused and his examination under Section 342 of the Code is for the protection and......Station Case No.2(4) of 1996 under Section 394 of the Penal Code. The police after investigation submitted a charge sheet under section 394 of the Penal Code against the accused persons. 3. In the trial prosecution examined 5 witnesses out of whom P.W.4 was tendered by the prosecution but the def..Category: Criminal Law | Date: | Hits: 83
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