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Shaukat Ali and another Vs. Chairman, Labour Court, Khulna and others, 1992, 21 CLC (HCD)
....sked to show cause why the impugned order dated 18.2.87 (Annexure F) passed in complaint case Nos. 47/85 and 46/85 by the Chairman, Labour Court, Khulna should be declared to have been passed without any lawful authority and to be of no legal effect. 1. Since these two rules were issued against t......er the enquiry was concluded and dismissal order by Annexure 'E' was issued on 22.7.85. So if the petitioners had any doubt about the fairness of the enquiry they should have raised it at the initial stage before the enquiry committee concluded its proceeding. Therefore the contention that the enqui......ner in his Tally Khata Ext. A wrote 27 maunds. Accordingly he was charge sheeted for writing out excess weighment in his Khata dishonestly. An enquiry committee was constituted. Ext. 8 is the enquiry proceedings. The enquiry committee found the petitioner guilty of the charge and accordingly they su..Category: Labour and Industrial Law | Date: | Hits: 182
Junnur Rahman (Md.) Vs. Bangladesh Shilpa Rin Sangstha (BSRS) and others, 1997, 26 CLC (HCD)
....r members of the Board of Directors interviewed the candidates including the petitioner and allowed them marks on the basis of their performances in the interview. There was no scope to give marks to any one arbitrarily. Wide ranging questions were asked in the interview to determine suitability of ......ther we can allow the relief prayed for by the petitioner in the face of objection as to the maintainability of the Rules. So we are not inclined to give any definite opinion on this question at this stage. 13. Let us now see whether the impugned promotion guideline circulated on 18-3-96 as Admin......t that could also be considered by the Administrative Tribunal. In the result, the Rule is discharged without any order as to cost. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 39. ..Category: Employment/Service Law | Date: | Hits: 194
Gazi Jashimuddin Vs. Bangladesh & others, 1997, 26 CLC (HCD)
....eased to refer the matter to the Ministry of Establishment (Annexure-D). By a memo date 20-7-96 the said Ministry then sought the opinion of the Public Service Commission to find out whether there is any bar to appoint the petitioner in any other cadre, other than the police cadre, to which he could...... The respondents are directed to appoint the petitioner to the Police cadre within four months from the date of receipt of this order. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 37. ......ncluded in the list published by the respondent No.2 because of an adverse report by the Special Branch of Police. The report contained that although the petitioner was found not guilty in a criminal proceeding in Patuakhali but because of his active political involvement with a student organisation..Category: Employment/Service Law | Date: | Hits: 194
State Vs. Tutul & Fazlur Rahman @ Badal and others, 2011, 40 CLC (HCD)
....ll the charge sheeted accused persons including the appellants under Sections 364/302/34 of the Penal Code to which they pleaded not guilty and claimed to be tried. 4. The prosecution examined as many as 14 witnesses in support of its case and the defence examined 2. 5. The defence case, as it...... Rony, were going by Rickshaw towards Jatrabari from Kazlarpar and when they reached near a garage some 5/6 unknown young men stopped their Rickshaw and abducted them with intent to kill them. At one stage, Rustom Ali (P.W.4) managed to escape from the clutches of those accused persons and informe......, mother of the victim, appearing as P.W. 6 has stated that on 2.6.1998 at about 7/7-15 P.M. Rustom Ali (P.W.4) came to her house and informed that he, along with Badsha (P.W.2) and victim Rony, were proceeding towards Jatrabari when accused Tutul, Golzar with 3/4 others caught hold of them. Then th..Category: Criminal Law | Date: | Hits: 98
Ali Hossain and others Vs. State & others, 1984, 13 CLC (HCD)
.... and trial. On this ground the impugned order is liable to be set aside. 6. Further the newly inserted section 439A of the Code of Criminal Procedure empowers the Sessions Judge to exercise all or any of the powers which may be exercised by the High Court Division under section 439 Cr.P.C. Sub-se......o be Additional Sessions Judge, Patiya, Chittagong in Criminal Motion No.973 of 1982 is set aside. Syed Mohammed Ali J.—I agree. Ed. This Case is also Reported in:36 DLR (HCD) (1984) 111. ......or any of the powers which may be exercised by the High Court Division under section 439 Cr.P.C. Sub-section (5) of section 439 Cr.P.C. provides that where an appeal lies and no appeal is brought, no proceedings by way of revision shall be entertained at the instance of the party who could have appe..Category: Procedural Law | Date: | Hits: 130
Nazir Ahmed & Others Vs. Yonus Meah & Others, 1984, 13 CLC (HCD)
....ant provisions of the Criminal Procedure Code. The proviso to sub-section (3) of section 9 of the Cr.P.C. provides that where in a district, the District Magistrate, Additional District Magistrate or any Magistrate of the first class is specially empowered under section 29C to try any offence, all A......udge in Criminal Motion No.53 of 1983 are set aside and those of the learned Magistrate passed in Misc Case No.160 of 1977 are restored. Ed. This Case is also Reported in:36 DLR (1984) 93. ......s. S. C. Das—For Opposite Parties. Criminal Revision No.180 of 1983. Judgment Md. Altaf Hossain J.- This Application under section 439 of the Code of Criminal Procedure arises out of a proceeding under section 145 of the Code. 2. On application filed by the second party petitioners..Category: Procedural Law | Date: | Hits: 116
....-1998 for enlistment as disable freedom fighters. The authority after proper scrutiny found them genuine disable freedom fighters and started giving them state honorarium. The Trust without assigning any reason or giving them any opportunity of being heard abruptly stopped/reduced payment of state h...... honorarium that is being given to petitioners 2, 3, 5-12, 14-17, 20-28 and 30-57 is not adequate and therefore, the respondents should also be directed to enhance the amount.
6. At the concluding stage of hearing, Mr. Khadem apprises the Court that he has retired from the case, but has not filed......n future to the respondent-Trust, it will dispose of the same in accordance with law within shortest possible time.
Mohammad Bazlur Rahman J.- I agree.
Ed.
This Case is also Reported in:
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Category: Constitutional Law | Date: | Hits: 237
Dulal Miah @ Dulal @ Nurun Nabi Vs. Ruhul Amin and others, 1998, 27 CLC (HCD)
....ed Additional Sessions Judge framed charge under sections 324/34 of the Penal Code against accused opposite party Nos. 3‑6 namely, Delu Miah, Darog Ali, Anwarullah and Shafi Ullah he did not assign any reason for acquitting them from the charges. He further submitted that the learned Additional Se......he medical certificate and X‑ray report only and on the basis of other evidence already on record. Send down the LC record at once. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 618. ......n the morning informant and his brother victim Belal brought P.W.7 Gafur Ali, P.W.9 Shariatullah, P.W.10 Shamsul Hoque, P.W.6 Ashraf, and P.W.7 Gofran to show shifting of ail to them. While they were proceeding towards their land through their homestead the accused persons followed them. When Sharia..Category: Criminal Law | Date: | Hits: 76
Mrs. Nadira Rahman Vs. Sayed Amir Hossain, 1983, 12 CLC (HCD)
....n application was filed by one Syed Amir Hossain before the Administrator of Wakfs for removal of the petitioner as Mutwalli of the Wakf estate. Curiously enough, the parties were not allowed to lead any evidence nor the allegations were allowed to be tested by any cross-examination nor the applic......d orders were passed and she is to continue as Mutwalli till she resigns or is removed in accordance with law. No order as to cost. Ed. This Case is also Reported in:35 DLR (HCD) (1983) 277. ......tions were allowed to be tested by any cross-examination nor the application for removal of the Mutwalli was supported by any affidavit. This, in our opinion, has cut at the very root of the entire proceeding. Upon what materials the Administrator of Wakfs based his decision to remove the petiti..Category: Trust/Waqf Law | Date: | Hits: 134
....the instant proceeding was started which, according to the accused, was entirely without jurisdiction as the offence complained of neither comes within the mischief of illegal gratification nor under any of the provisions of Martial Law Regulation No.11. The Court took cognizance of the offence ille...... the charge as leveled against him.
The accused is to be discharged from his bail bond immediately. Communicate this order at once.
Ed.
This Case is also Reported in:48 DLR (HCD) (1996) 417.
......iry that he was satisfied that there is no medicine in stock at the Veterinary Hospital at the time. The complainant also filed a petition to the investigation officer to that effect, yet the instant proceeding was started which, according to the accused, was entirely without jurisdiction as the off..
Category: Criminal Law | Date: | Hits: 84
Rezaul Karim Vs. Rashida Begum and another, 1995, 24 CLC (HCD)
....an Family Courts Act of 1964. 6. Section 3 of the Family Courts ordinance runs as follows: "Ordinance to override other Laws.- The provisions of this Ordinance shall have effect notwithstanding anything contained in any other law for the time being in force". 7. According to Mr. Syed Ziaul ......87 pending in the Court of Thana Magistrate Keshabpur, District Jessore, passed at the time of issuance of the Rule is hereby vacated. Ed. This Case is also Reported in:48 DLR (HCD) (1996) 416. ......o section 20 of West Pakistan Family Courts Act. The Division Bench in its decision in 47 DLR 18 also noticed this basic difference. In the result this Rule is discharged, order of staying further proceeding of the Miscellaneous Case No.145 of 1987 pending in the Court of Thana Magistrate Keshabp..Category: Family Law | Date: | Hits: 133
Siddique (Md.) Vs. Yeakuti Begum and others, 1997, 26 CLC (HCD)
....eased to set aside the order dated 23‑9‑89 dismissing the suit for default and restored the suit to its original file and number. Thereafter, the suit was decreed ex parte on 7‑6‑1990 without any further intimation to the defendants. The defendant appellant received the notice from the Advoc...... There will be no order as to costs. Let a copy of this order be sent to the learned Subordinate Judge, 2nd Court, Dhaka forthwith. Ed. This case is also Reported in:49 DLR (HCD) (1997) 402. ...... called on for hearing, the Court shall make an order setting aside the decree as against him upon such term as to costs, payment into Court or otherwise as it thinks fit, and shall appoint a day for proceeding with the suit: Provided that where the decree is of such a nature that it cannot be se..Category: Procedural Law | Date: | Hits: 88
Shah Newaj Chowdhury @ Swapan and others Vs. State and another, 2010, 39 CLC (HCD)
....Bazar on 16.04.2003, but the order of temporary injunction was obtained on 16.06.2003, after the alleged occurrence". In the said Miscellaneous case, it has also been recorded that, "We do not find any application was filed before the trial Court for staying all further proceeding of the instant c......ted earlier by this Court shall stand vacated. Communicate the order at once to the concerned. Salma Masud Chowdhury J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 371. ......n 16.06.2003, after the alleged occurrence". In the said Miscellaneous case, it has also been recorded that, "We do not find any application was filed before the trial Court for staying all further proceeding of the instant criminal proceeding as required under section 344 or any other section of ..Category: Criminal Law | Date: | Hits: 54
M/S. Udayan Board Mills Vs. Janata Bank and another, 2010, 39 CLC (HCD)
....in Adalat relying on the decisions reported in 1 BLC 179, 19 DLR 546, 48 DLR 57 and 44 DLR 340 as well as section 4 and 7 of the Artha Rin Adalat Ain, 1990 submits that as there is no provision for any appeal against an interlocutory order given by the Artha Rin Adalat the petitioners are not deba......earlier by this Court stands vacated. Communicate this judgment at once. M. Moazzam Husain J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 365; 18 BLT (HCD) (2010) 266. ......f Order 21 of the Code of Civil procedure and rejected the application dated 30.9.2009 of the petitioner filed under section 57 of the Artha Rin Adalat Ain, 2003 with prayer for stay of the execution proceeding till disposal of the Title Suit No.85 of 2009 filed by the petitioner for setting aside t..Category: Civil Law | Date: | Hits: 129
Ahmed Hossain and others Vs. Md. Samsur Ali Mondal and others, 2006, 35 CLC (HCD)
....ion for addition of parties on the sole finding that earlier similar type of application was rejected by order No.67 dated 30.5.99 but against the said order of rejection the petitioners did not move any application before the higher Court and thus over the self same issue the belated application is......posite parties will not be prejudiced. As regards the delay in filing the application for addition of party it needs to address that Order 1 Rule 10(2) specially provides that the Court may at any stage of the proceeding if seems that the name of any person who ought to have been joined either as......s will not be prejudiced. As regards the delay in filing the application for addition of party it needs to address that Order 1 Rule 10(2) specially provides that the Court may at any stage of the proceeding if seems that the name of any person who ought to have been joined either as plaintiff or..Category: Property Law | Date: | Hits: 96
Md. Siddique Miah Vs. Most. Mazeda Begum and others, 2009, 38 CLC (HCD)
....the convenience of understanding the aforesaid provisions read as here under- “Section 3. Ordinance to Override Other Laws.- The provisions of this ordinance shall have effect notwithstanding anything contained in any other law for the time being in force. Section 16. Enforcement of decre......without any order as to cost. The order of stay granted earlier stands vacated. Office is directed to communicate the order at once. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 362. ...... application for execution of the decree it is barred and becomes non-executable." He lastly submits that without considering the facts and law the Courts below allowed to continue the execution proceedings, causing serious miscarriage of justice. 8. The learned Advocate appearing for oppo..Category: Limitation Law | Date: | Hits: 147
Mohammad Badiuzzaman Vs. Bangladesh and Others, 2010, 39 CLC (HCD)
....agong Hill Tracts ("NCCHT") and the Chairman of the Parbottya Chttagram Jana Shanghati Samity ("PCJSS") (Annexure-B of the Writ Petition) should not be declared to have been made and executed without any lawful authority and contrary to the express provisions of the Constitution and, therefore, void......ern Ireland Peace Accord, 1998 (UK), among others. 20. The plea on behalf of the Respondents is also for this Court to see the CHT Peace Accord in its proper historical context as but the latest stage or link in a longstanding peace initiative subscribed to and nurtured, albeit in varying deg...... Case so far as it relates to the CHT Regulation 1900 has been stayed till the hearing of the appeal. This Court is informed by the Assistant Attorney-General Mr. Pratikar Chakma that the said appeal proceedings are yet to commence. 27. This Judgment in the Rangamati Food Products Ltd. Case findi..Category: Constitutional Law | Date: | Hits: 314
Soharaf Uddin alias Soharab Vs. State, 2008, 37 CLC (HCD)
....he informant party went to his house on 02.08.2001 at night about 2.35 hours and recovered a pipe gun from the house of the petitioner and prepared seizure list and that the petitioner could not show any document about the said arms and thus regular case being No.1(8)01 under 19A of the Arms Act w......le thus fails. In the result the rule is discharged. Let the LCR be sent down immediately. Muhammad Abdul Hafiz J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 189. ......ing to the said contentions raised from both the side, it will be significant to mention that there is no allegation that the Tribunal had not got any jurisdiction to try the case and the whole proceeding before the Tribunal was without jurisdiction. It is also not alleged that the facts alleg..Category: Criminal Law | Date: | Hits: 99
Chowdhury Ataur Rahman Azad Vs. State, 2009, 38 CLC (HCD)
....the other hand, submits that police has unfettered right to conduct further investigation whenever new facts are forthcoming before them. He further submits that the learned Magistrate did not commit any wrong and as such the present Rule issued upon an application under section 561A of the Code of ......, District-Sylhet. Send down a copy of this Judgment to the lower Court for necessary action at once. Md. Imman Ali J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 186. ......For the State. Criminal Miscellaneous Case No. 6705 of 2009. Judgment Naima Haider J.- This is an application under section 561A of the Code of Criminal Procedure for quashment of the proceeding of the Sessions Case No.697 of 2008, now, pending in the Court of learned Joint Sessions ..Category: Criminal Law | Date: | Hits: 84
Komor Ali and another Vs. Al-Arafa Islami Bank Ltd. and others, 2011, 40 CLC (HCD)
....s Sattar and others Vs. International finance Investment and Commerce Bank Ltd., 52 DLR (HCD) 4; Nurul Islam Vs. Agrani Bank, 49 DLR (AD) 135-136; Habib Bank Limited Vs. UAL Bangladesh Investment Company Limited and another, 52 DLR (HCD) 25; Abdus Sattar and others Vs. (International Finance Investm......rty just to realisation of debt. The bank, (opposite party No.1) being so empowered published auction notice through the daily Inquilab dated 23.5.2005 for selling out the mortgaged property. At that stage the present petitioner being 3rd party to the Artha Rin Suit as well as Artha Zari Case instit......and Court found the application to be maintainable and accordingly the Miscellaneous Case was being continued. The petitioner submitted an application on 18.8.2009 praying for stay of further proceeding of Execution Case and recalling the certificate issued under section 33(5) of the Artha..Category: Civil Law | Date: | Hits: 112
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