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State Vs. Constable Lal Mia and another, 1992, 21 CLC (AD)
....the acts complained of were committed in the course of the same transaction, a single Judge observed in 16 DLR 349, Delwar Hossain Vs. State. We think, very correctly, that if there is sufficient and good evidence to show that the transaction was one and the same, then the mere absence of certain li......rted the impugned judgment relying upon the decisions referred to therein. 17. It appears from the impugned judgment that 'he case was not considered at all with reference to the evidence on record. The Only submission which was made on behalf of the accused‑appellants and considered by t......eferred any appeal and remained fugitive. Criminal Petition for Leave to Appeal No.91 of 1988 filed by the complainant is disposed of in the above terms. Ed. This Caseis also Reported in: ..Category: Criminal Law | Date: 14 May, 1992 | Hits: 73
Bengal Metro Engineering Co. and others Vs. Agrani Bank, 1992, 21 CLC (HCD)
....90 and the other dated 12.5.90 passed by the learned Subordinate Judge, Commercial Court No. 1, Dhaka in Title Suit No, 280 of 1989 in respect of an application for permission for sale of the pledged goods during the pendency of the suit. 2. Short facts giving rise to this Rule may be stated as......it is almost ready for hearing, if that be so, let the suit be disposed of as expeditiously as possible. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 168 ......titioners of the application for permission of such sale. But the above points, of law and facts could not be raised and canvassed by the defendant‑petitioners before the court below for non‑service of the notice and consequently the defendants‑petitioners could not appear and have been s..Category: Contract Law | Date: 5 May, 1992 | Hits: 2
....h facts and can see how the question has been dealt with by the Tribunal raised before it either by the assessee or the Revenue.
Ed.
This Case is also Reported in: 46 DLR (HCD) (1994) 332
......h facts and can see how the question has been dealt with by the Tribunal raised before it either by the assessee or the Revenue.
Ed.
This Case is also Reported in: 46 DLR (HCD) (1994) 332
......ras High Court in Bishambar Dayal also observed that expression "perquisite" signifies Some additional benefit in addition to the amount that may be legally due by way of contract for services rendered (Emphasis added).
4. Mr. Mozammel Hoque Bhuiyan, the learned counsel for the ..
Category: Fiscal/Taxation Law | Date: 23 Apr, 1992 | Hits: 8
Asim Ali Vs. Badaruddin @ Suruj Mia & others, 1992, 21 CLC (HCD)
....erved: "That the alienations were invalid. Having regard to section 3 of the Oudh Laws Act, 1876, the right under the contract of 1870 were to be determined according to justice, equity and good conscience, and thereunder the restriction being partial only was not repugnant to an absolute ......cided issue Nos. 2 and 3 in favour of the plaintiffs. Then he took up the issue Nos.1, 4 and 5 together for convenience of discussion and on consideration of the facts of the case and the evidence on record and the relevant provisions of law came to the finding that the vendor pro‑defendant No.3 h...... Court are upheld. There will be no order as to cost. Let the records be sent down immediately along with a copy of this judgment. Ed. This Case is also Reported in: 46 DLR (HCD)(1994) 96 ..Category: Property Law | Date: 22 Apr, 1992 | Hits: 3
....l effect and further declare that the impugned notice Annexure G is also without any lawful authority and is of no legal effect.
Ed.
This Case is also Reported in: 46 DLR (HCD) (1994) 59.
......ssioner, Sylhet (Respondent No. 2) have been impugned,
2. The following are averments in the writ petition necessary for disposal of the Rule.
3. The land of plot 6436 measuring .0956 acres recorded in khatian No. 3691 as cultivable vacant land within Sylhet Municipality, Kalighat, was acq......l effect and further declare that the impugned notice Annexure G is also without any lawful authority and is of no legal effect.
Ed.
This Case is also Reported in: 46 DLR (HCD) (1994) 59.
..
Category: Property Law | Date: 22 Apr, 1992 | Hits: 4
....isposal by this judgment as common question of facts and law are involved in those Rules.
2. Bangladesh Electrical Association, an association of dealers, manufacturers and traders of electrical goods and registered under the Companies Act and Trade Organisations Ordinance, 1961, is the petitio...... the three petitions fail and the Rule discharged without any order as to costs. Order of status quo stands vacated.
Ed.
This Case is also Reported in: 46 DLR (HCD) (1994) 221
...... the three petitions fail and the Rule discharged without any order as to costs. Order of status quo stands vacated.
Ed.
This Case is also Reported in: 46 DLR (HCD) (1994) 221
..
Category: Constitutional Law | Date: 4 Mar, 1992 | Hits: 3
Younus Chokdar Vs. Election Commission and others, 1992, 21 CLC (HCD)
....asan, Upazila Shibchar, District Madaripur by post for information and necessary action as he thinks fit and proper. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 395 ......s of fact are better settled upon evidence which can be done more appropriately before a Tribunal. In the summary proceeding under Article 102 it is not desirable and, more often than not possible to record a finding as to a disputed question of fact." ...........................................asan, Upazila Shibchar, District Madaripur by post for information and necessary action as he thinks fit and proper. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 395 ..Category: Administrative Law, Election Law | Date: 27 Feb, 1992 | Hits: 2
....
Let the operation of this judgment and order be stayed for 2(two) weeks from date as prayed for by Khondker Mahbubuddin Ahmed.
Ed.
This Case is also Reported in: 46 DLR (HCD) (1994) 187
......
Let the operation of this judgment and order be stayed for 2(two) weeks from date as prayed for by Khondker Mahbubuddin Ahmed.
Ed.
This Case is also Reported in: 46 DLR (HCD) (1994) 187
......Memo. No.21 (8) Admn‑9/337 dated 10.6.90 of the National Board of Revenue, the respondent Nos. 4‑11 being Mujibnagar employees were shown as seniors to the petitioner counting the period of their services rendered at Mujibnagar during the war of liberation towards fixing seniority and treating t..
Category: Administrative Law | Date: 12 Feb, 1992 | Hits: 1
....as temporary employee, he cannot turn round and assert that he is a permanent employee and that being so, he is estopped from claiming that he is permanent worker.
8. This argument does not hold good in as much as the term "temporary worker" has connotation which is different from pop......barred by estoppel, waiver and acquiescence.
5. Both parties led evidence in the aforesaid IRO Case No.52 of 1980 and the learned Chairman Of the Labour Court in consideration of the evidence on record allowed the IRO Case No.25 of 1980 on contest and passed direction on the 2nd City Bank Autho......he 1st party Sekendar Howladar is that he was appointed Godown Keeper on 12.3.73 by the petitioner Rupali Bank and since then he has been performing his duties as such and by virtue of his continuous service he has become permanent worker with the entitlement to all the facilities available to a per..
Category: Employment/Service Law | Date: 12 Jan, 1992 | Hits: 6
Sonwar (Md.) Vs. Kamal Kha, 1992, 21 CLC (HCD)
....te parties without costs. The petitioner does get khas possession of the suit premises by evicting the opposite party therefrom. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 346 ......of arrear rent is not sufficient to save the opposite party from being a defaulter in payment of rent. 9. Mr. MA Mannan, the learned Advocate for the opposite party, submits that the evidence on record shows that there was an agreement between the landlord and the tenant that the landlord would......te parties without costs. The petitioner does get khas possession of the suit premises by evicting the opposite party therefrom. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 346 ..Category: Property Law, Tenancy Law | Date: 6 Jan, 1992 | Hits: 3
BD Sangbadpalra Parishad (BSP) Vs. Government of the People's Repub. of BD, 1991, 20 CLC (AD)
....rsonal interest in the subject matter. We, therefore, find no ground for interference. The petition is dismissed. Ed. This Case is also Reported in: 43 DLR (AD) (1991)126. ......rsonal interest in the subject matter. We, therefore, find no ground for interference. The petition is dismissed. Ed. This Case is also Reported in: 43 DLR (AD) (1991)126. ......ithin the meaning of Article 102 of the Constitution. 2. The petitioner seeks leave from the judgment of the High Court Division. 3. The Act was enacted for the purpose of ameliorating the service conditions of the newspaper employees by fixing minimum wages, as a measure of protection ag..Category: Constitutional Law | Date: 15 Jul, 1991 | Hits: 251
Jonab (Md) Ali Vs. Md Moslemuddin and another, 1991, 20 CLC (HCD)
.... that the plaintiffs will remain content only withwords of mouth of the defendant without obtaining anything in writing from the defendant at the time of contract or even at the time of parting witha good portion of the consideration money particularly when the parties were not on good terms being i......nreported in 42 DLR (AD) 225, the oral agreement was found to be the basis of the claim. Md. Abu Sayed Ahmed next submits that the learned Court of appeal below after consideration of the evidence on record found the oral contract for immovable properties as proved and this being a finding of fact i......e trial Court dismissing the suit is hereby restored. The rule is accordingly made absolute without any order as to costs. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 291. ..Category: Contract Law | Date: 3 Jun, 1991 | Hits: 958
Tapash Nandi Vs. State and others, 1991, 20 CLC (HCD)
....ial continue and come to an end as would be desired by both the parties. Communicate this order to the Court below at once. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 26. ......or determining her age namely whether she is a major or minor for the offence of kidnapping to be established. Her school certificate shows her birth date to be 9.10.73 and after that certificate and record is accepted to be a correct record of the age of the victim girl, on 26.10.89 when the kidnap......ial continue and come to an end as would be desired by both the parties. Communicate this order to the Court below at once. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 26. ..Category: Women and Children | Date: 28 Mar, 1991 | Hits: 86
Dhanu Mia (Md) and another Vs. The State, 1991, 20 CLC (AD)
....of the Deputy Commissioner, Comilla till disposal of the Criminal Appeal No.137 of 1988 now pending in the High Court Division. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 121. ......of the Deputy Commissioner, Comilla till disposal of the Criminal Appeal No.137 of 1988 now pending in the High Court Division. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 121. ......of the Deputy Commissioner, Comilla till disposal of the Criminal Appeal No.137 of 1988 now pending in the High Court Division. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 121. ..Category: Criminal Law | Date: 25 Feb, 1991 | Hits: 45
Hossain Mohammad Ershad Vs. State, 1991, 20 CLC (HCD)
...., it appears that one 9 mm pistol with 100 rounds of ammunition, among other arms, were seized. From the charge‑sheet as well as the seizure list, it further appears that two pistols of 7.65 mm and good number of ammunition usable from these arms were found to have been seized. The learned Attorne......the rule and we must not be understood to have expressed any opinion about the merit of the Criminal Proceeding sought to be quashed. Ed. This Case is also Reported in: 43 DLR (1991) 150. ......the rule and we must not be understood to have expressed any opinion about the merit of the Criminal Proceeding sought to be quashed. Ed. This Case is also Reported in: 43 DLR (1991) 150. ..Category: Criminal Law | Date: 14 Feb, 1991 | Hits: 92
Sumati Begum Vs. Rafiqueullah and State, 1991, 20 CLC (HCD)
.... stayed for 15 days from today. The Rule is accordingly discharged. Communicate this order to the courts below at once. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 500. ......bered as GR case No.32 of 1989. Thereafter on 11.8.89 victim girl Sumati Begum appeared before the Upazila Magistrate, Moulvibazar and prayed to allow her to go with her alleged husband Manik and top record her statement under section 164 of the Code of Criminal Procedure but the Upazila Magistrate ...... stayed for 15 days from today. The Rule is accordingly discharged. Communicate this order to the courts below at once. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 500. ..Category: Women and Children | Date: 13 Feb, 1991 | Hits: 157
Coal Controller Vs. Ventura Industries Ltd, 1991, 20 CLC (HCD)
.... done in violation of the contract and mala fide, could be a matter for arbitration reference. The law in this regard is also well settled that when parties to building construction or supply of goods and the like designate a person to be authorised to finally determine question relating to the......at the port of loading for any preshipment inspection as was provided for in clause 13 which it initially inspected before loading, could have caused less inconvenience. It is seen also from the record that C.c. seller, namely Ventura Industries Ltd, to be on the safe side and in abundant cauti...... Court, Dhaka where the application under section 8 is pending. The connected Civil Rule being No. 269 (fm) of 1990 is discharged. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 5 ..Category: Arbitration Law | Date: 5 Feb, 1991 | Hits: 5
Mirza Ali Ashraf Vs. State, 1991, 20 CLC (HCD)
....so made, issued or taken as the case may be, shall be called in question in any Court, and no suit, prosecution or other legal proceeding shall he against the Government or any person for anything in good faith done or intended to be done under this Act "He submitted that the petitioner cannot call ......tension by Annexure 'C' dated 24.2.97 and 23.5.97 respectively to the petition are declared to have been made without any lawful authority. Ed. This Case is also Reported in: 43 DLR (1991) 144. ......tension by Annexure 'C' dated 24.2.97 and 23.5.97 respectively to the petition are declared to have been made without any lawful authority. Ed. This Case is also Reported in: 43 DLR (1991) 144. ..Category: Banking Law | Date: 3 Feb, 1991 | Hits: 184
Bangladesh Inland Water Transport Corpn & ors Vs. Nazma Flour Mills Ltd. & others, 1991, 20 CLC (AD)
.... the suit premises and hence the suit. 3. The case of defendant No.1 is that it took lease of the suit premises in 1916 and continued to remain there as tenant upto 1972; that defendant No.1 in good faith recognised the plaintiffs as landlords and offered to purchase the suit premises from the......' kabalas by an expert were rejected by the trial Court on 1.11.89 by observing that there was no good reason for sending the documents for expert examination before the taking of evidence. After recording of evidence the defendants renewed their prayer for examination of the documents by an exp......se under section 73 of the Evidence Act. We find no substance in this appeal and it is, accordingly, dismissed. No costs. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 122. ..Category: Procedural Law | Date: 30 Jan, 1991 | Hits: 108
Baneazuddin Ahmed and others Vs. The State, 1991, 20 CLC (AD)
.... on bail already granted, till disposal of the Criminal Revision No. 21 of 1989 pending before the High Court Division, Dhaka. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 123. ...... on bail already granted, till disposal of the Criminal Revision No. 21 of 1989 pending before the High Court Division, Dhaka. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 123. ...... on bail already granted, till disposal of the Criminal Revision No. 21 of 1989 pending before the High Court Division, Dhaka. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 123. ..Category: Criminal Law | Date: 15 Jan, 1991 | Hits: 42
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